At 'just' 592 pages, it's a relatively brisk read compared to the 6k-page Consolidated Appropriations Act December...
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...The most important thing to know at this point is this is NOT law yet. And for that matter, there's about a 0% chance this EXACT bill becomes law.
Dems seem resigned to passing this round of stimulus relief w/out bipartisan support (that many had hoped for)...
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...To do that, Dems will use the legislative process known as Reconciliation.
2🗝️things to know about Rec:
1) It allows the Senate to pass a bill w/ 'just' a simple majority (vs the 60 votes it normally takes for cloture)
2) It can only contain budget-related provisions...
4/
...Budget-related provisions are those dealing w/ revenue (read "taxes"), spending ("read appropriations"), and the debt ceiling.
Notably, the House-passed version of ARP includes a provision that creates a $15/hour Fed minimum wage.
This CANNOT be included in a Rec bill...
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The Senate Parliamentarian decided that last week.
Basically, the Parliamentarian is like the impartial Senate-rules referee. They don't make the laws, they just interpret them and make sure that they're followed.
So, the Senate version of ARP will NOT have the min wage...
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...provision included in House bill. Instead, Senate either:
Note the 'hard' top of the range. CARES/CAA had 'soft' tops. $5 less check for ever $100 over phaseout start.
Dare I say, again...
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Stimulus payments will be based on either 2019 or 2020 income (whichever is the most current on file w/ the IRS.)
🚨RED ALERT🚨
Planning pointer: DELAY FILING YOUR 2020 RETURN IF YOUR 2019 INCOME WAS LOWER (and would give you a bigger stimulus payment if/when this passes)!
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And as a reminder, you won't have to pay those amounts back. See (poorly) updated image below.
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ARP also calls for an enhanced Child Tax Credit.
Current credit = $2k/child <17
ARP would change that for 2021 ONLY to:
-$3,600 per child under 6
-$3k for children 6 THROUGH 17
Half the credit is to be paid in advance, beginning in July🤔, based on 2019/2020 income (most recent on file).
BUT, unlike the stimulus checks, this CAN be clawed back on the 2021 return in certain situations...
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...Higher Child Tax Credit amounts are something Biden Admin has called for making permanent.
But ARP would only change 2021.
My guess: They limited it here to keep the price tag below $2 trillion, and will include the 'permanent' change in another bill later this year...
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Also significantly enhances the Child and Dependent Care Credit for 2021 (only) by making credit:
- FULLY refundable😯
- Max of $4k for 1 child, $8k for 2 or more children😮💰
This is another change Biden Admin wants to make permanent. Same logic as above applies here...
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Also some important Earned Income Tax Credit changes.
- For 2021 only, taxpayers w/out kids can be as young as 19 (current 25), have modestly higher income, and receive greater credit %
- 'PERMANENTLY' allows MFS (that's married filing separate, not... well...) to claim...
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the credit if they live with a qualifying child for more than half of the year
In important news for struggling employers, the Employee Retention Credit is extended through the end of 2021.
Interestingly/oddly it changes the credit to be a refundable Medicare Tax credit...
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For those who continue to struggle finding employment and are on unemployment (currently about 5MM people🙁), there's (relatively) good news.
- Benefits set to expire March 14 would be extended through August 29th
- The 'extra' $300/week on top of state benefit is...
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increased to $400/week.
- Pandemic Emergency Unemployment Comp is also extended through August 29th (this is the unemployment program for self-employed individuals and others who don't qualify for state benefits)
And in other good (relatively) news for those who...
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have been laid off, or will be laid off. There is a provision that would pay for 85% of COBRA coverage for individuals and their families through the end of September.
To qualify, you can't be eligible for Medicare, or other group health coverage, and you can't quit!
...
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👀Woah.
Here's a REALLY interesting provision I haven't seen getting much attention. Its a stealth tax provision that would stop the 415 limit for retirement plans from inflating after 2030.
This is the "Overall Limit" ("Annual Additions Limit") for plans (58k for 2021)...
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This is actually an incredibly sneaky provision.
Has the effect of limiting retirement contributions long-term, which increases taxes, without actually 'cutting' anything.
Also doesn't take effect for about 10 years, so plenty of time to reverse once people find out🤷♂️...
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And because you're probably wondering, NO, it doesn't impact the salary deferral limit. That still gets indexed for inflation. So, over time, the salary deferral limit would catch up to the overall limit (but theoretically couldnt exceed it once there... long time away)
...
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There's also some relief for people who obtain their health coverage through a state-run exchange. Relief includes:
- Ability to qualify at higher income levels in 2021
- 'Auto-qualification' if you receive unemployment in 2021
- Relief for 2020 overpayment clawbacks
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There are also some add'l opportunities for small biz to receive EIDL grants.
Thats about it for big fin plan-related provisions. Beyond that, lots of💰for a lots of things, from vaccines and schools, to libraries and museums.
Biggest Q now is the fate of min wage.
End👊
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Alright, I've got ahold of the 19-page "Fact Sheet" for the Biden "American Rescue Plan." (Thanks @TaxNotes!)
This is prob the best we're going to get for now, so I'm gonna use this to break down some of the proposals of the Plan relevant to tax and financial planning...
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The American Rescue Plan would provide additional stimulus checks of $1,400 per eligible person. Together w/ the $600 amounts that were/are being paid via the Appropriations Act in December, it brings the total value of recent payments to $2k/ eligible person.
Notably...
3/
... this is one policy initiative where Biden and Trump share a vision🤷♂️
The Plan also calls for expanding the types of people eligible for stimulus checks to include adult dependents (presumably to include many college students and elderly parents)...
Joe Manchin has come out strongly against $2,000 stimulus checks.💸💸💸
A quick thread on what this means ...
With the wins by Warnock and Ossoff earlier this week, and combined with independents who caucus with them, Dems will control 50 of the 100 seats.
And...
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in the event of a tie, the VP (who's also the President of the Senate) casts the deciding vote, effectively giving Dems control of the Senate.
Notably, though, Manchin IS a Democrat.
Thus, if Ds lose Manchin and Rs hold party line, they can't pass a bill increasing the...
3/
stimulus checks to $2k/person.
What makes this whole thing really interesting, and somewhat unique - at least lately - it that there are a bunch of R Senators that largely support the $2k stimulus checks (which notably were supported by Pres. Trump).
In light of GA's election results, and what's likely a flipping of the Senate, a quick thread recapping some key provisions of the Biden Tax Plan...
(No GIFs. Proposals don't get those)
On the income tax side, the Biden tax plan sets a clear, bright-line mark at $400k...
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If you're below that, you'd be pretty 'safe' from seeing your tax rate(s) increase under his plan.
For those w/ income of $400k or more, he proposed returning the top rate to 39.6% (though whether this is for single filers, joint filers, or both, was never made clear)...
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Biden also proposes eliminating the QBI deduction for anyone with income more than $400k (today, non-specified service biz owners may be able to continue to benefit from the deduction if they have sufficient wages or property).
But before we dive into the bill, a quick note from my soap box… This whole process is absurd. They JUST released a 5k+ page bill, and they are going to vote on it TODAY.
They aren't even pretending to have time to read what they're voting on anymore.
*Steps off soap box*
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Ok... on to the meat. Let's start by answering the question that so many are already asking... “Will I be getting another #stimulus check?”
The answer, like last time, is “Maybe.”
Notably, the maximum stimulus amount per person this time around is $600.
Lots to digest in the R's latest stimulus proposal. Here are just a few of the more interesting tidbits w/ respect to the #PPP program (including a proposed PPP2):
(Note: Just a PROPOSAL at this point. Rs + Ds still need agreement before anything will get passed.
1) More...
2/
expenses will be eligible uses for PPP proceeds (and eligible for forgiveness), including PPE and other expenses incurred to comply w/ COVID safety guidelines.
2) Borrower could choose covered period of their choice between 8 weeks and 12/31/20. I see this primarily as a...
3/
way to allow biz owners to exhaust PPP funds, and then immediately furlough, terminate, etc. employees w/out impacting their forgiveness formula.
3) Loans under $150k (OVERWHELMING MAJORITY) would be automatically forgiven w/ borrower self-certification.
Notice 2020-51 solves ALL the problems that people may have run into when trying to roll back unwanted 2020 'RMDs'.
First of all, the 60-Day window rollover window is extended to the later of 60-days after a distribution was received, or August 31st.✅
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Next issue... the once-per-year rollover issue. Well, apparently, that's no longer an issue either. Notice 2020-51 says that the IRS will not count the rollover as a rollover for purposes of the once-per-year rollover rule.
To be clear, there is ABSOLUTELY NO LEGAL BASIS...