House Stand Off on Tax Debt Deductions and Government Deficit Management

The stand off between the Republicans and Democrats on how to handle the issue of the raising government deficit continues to rock Congress. In a recent proposal by President Obama, the Democrats seem determined to have a lot of the tax deductions claimed by Americans today reduced and especially for the wealthiest 2%. The so-called “Tax Expenditure”, which is a term that has been in use over the years by tax “specialist,” is seemingly being adopted as the main area of contention. Tax Expenditure includes the deductions such as mortgage claims, charitable contributions, education, deductions by employers on Health Insurance, and lowered capital gain taxes.

Republicans say that they are not willing to discuss any form of tax hikes including a hit on tax expenditure as this translates to households paying more in taxes. According to a Republican proposal forwarded to the House by Paul Ryan, Chairman of the House Budget Committee, the Republicans suggested a cut on the Healthcare expenditure as an alternative to increasing the tax burden for American Households; the Healthcare that was pushed into being by the President Obama late last year. President Obama dismissed these proposals and said that Republicans were not keen at reducing the deficit, but are interested in changing the U.S. social compact.

On the other hand, the Democrats, championed by the president himself, are out to have a reduction in the tax debt deductions. They are keen at reducing the Bush tax cuts for individuals and households with an income over $250,000 a year by the end of 2012. In fact, Obama insists that he was dedicated to have the tax deductions for the “rich” reduced by 2011 but compromised his stand owing to a deal with Democrats in December 2010 to have these reductions pushed to 2012.

In his argument, Obama insists that people like Warren Buffet do not need any tax debt deductions. In fact, tax deductions such as a reduction on capital gain tax effectively resulted in Warren Buffet paying a lower tax rate than his secretary! Besides the current tax restructuring geared at offsetting the current deficit, President Obama is still eager to having an overall tax reform that would have long term impact on the tax structure of the United States. In these tax reforms, a broad reduction on the tax exemption and reduction is suggested that would then be absorbed by an overall reduction on tax rates.

Besides the issue of the Tax Expenditure, another looming issue that has draws equal attention from both sides of The House is Social Security. Both sides agree that something needs to be done urgently to manage the expected rise in the Social Security deficit as the “baby boomers” get to retirement age. The Republicans are calling on Obama to act fast while Obama is seeking to have a bipartisan team to look into the issue separately from the current deficit issue at hand. Some of the suggestions given on managing the expected Social Security deficit is by raising the age of retirement, increasing Social Security Tax, and reducing Social Security benefits for the wealthy.

Understanding Education Tax Benefits and Incentives

For many parents it is has become very difficult to save for or pay for your child’s college education. Recognizing this, the federal government has stepped up its efforts to provide education tax benefits and incentives. While that is a good thing, understanding the myriad of education tax benefits and incentives out there can be frustrating and confusing to the average person. Lately, it seems every time you turn around there is some additional tax legislation in the area of education. Let’s review the various tax benefits and incentives available.

Hope Credit (American Opportunity Tax Credit)
Provides a tax credit for calendar years 2009 and 2010 of up to $2,500 for undergraduates in school more than half time. It can be claimed for all four years of undergraduate study. The first $2,000 of tuition costs and related fees (not room and board, however) are entitled to a 100% credit, while the next $2,000 of tuition costs (not room and board, however) are entitled to a 25% credit. Once your tuition costs exceed $4,000, there is no more Opportunity credit available. The credit is partially refundable. This means if you have no tax liability you are still eligible for a refundable credit of up to $1,000. If you are married parents with income of more than $160,000 your credit is phased out. If you are single, the credit begins to phase out when income levels exceed $90,000. This credit may be claimed by taxpayers who are subject to the dreaded alternative minimum tax, which is a good thing. You must reduce eligible education costs if you are receiving a scholarship, Pell grant, employer-provided educational assistance (tuition reimbursement) or distributions from 529 Plans.

Lifetime Learning Credit
Provides a nonrefundable tax credit of up to $2,000 for undergraduate, graduate and other tuition-related costs incurred during the calendar year. The first $10,000 of tuition costs and related fees (not room and board, however) are eligible for a 20% credit. You cannot claim this credit if you are also claiming the Hope Tax Credit in the same year for the same college student (no double dipping). This credit phases out in 2009 when your income level exceeds $100,000 (marrieds) or $50,000 (singles). You must reduce eligible education costs if you are receiving a scholarship, Pell grant, employer-provided educational assistance (tuition reimbursement) or distributions from 529 Plans.

529 College Savings Plans
When you contribute to a 529 Plan you do so with after tax dollars (net pay). The main tax benefit of 529 Plans is that earnings and gains are tax-deferred and if you make distributions from a 529 Plan to pay for qualified education expenses, then the earnings and gains are never taxed. One of the big advantages of 529 plans is that qualified education expense includes tuition, room and board. This means that even if your child gets a full scholarship for tuition, you can tap your 529 Plan to pay for his or her room and board. This is a big advantage over the Hope and Lifetime credits. You can contribute up to $13,000 for each child. This is a gift tax restriction. Anyone can contribute to your child’s 529 plan. Are you reading this grandparents? Each plan has an owner (typically the parent or grandparent) and one beneficiary (typically your child or grandchild). There is a provision that allows an acceleration of up to five years worth of contributions, or up to $65,000 in one year. This is an exception to the $13,000 gift tax restriction. If you make this election, you must file a gift tax return in the year of the contribution, however, there is no gift tax due, under this exception. You must reduce eligible education costs if you are receiving a scholarship, Pell grant or employer-provided educational assistance (tuition reimbursement).

Coverdell IRAs
Allows a non-deductible contribution using after tax dollars (net pay). Distributions from a Coverdell IRA (aka Education IRAs) are not taxed if such distributions are made for qualified education expenses. Qualified education expenses include tuition, room and board. The main advantage of Coverdell IRAs is the flexibility. Distributions may be made for elementary school, high school and tutoring costs, in addition to college expenses. This tax benefit phases out in 2009 when your income level exceeds $220,000 (marrieds) or $110,000 (singles).

Education Deduction
For 2009, taxpayers may deduct up to $4,000 in tuition and fees expenses as an above-the-line deduction (i.e. deduction from gross income). This deduction is available even if you do not itemize. The deduction is phased out when your income level exceeds $130,000 (marrieds) or $65,000 (singles).

Student Loan Interest Deduction
Borrowers of federal and private education loans may deduct up to $2,500 in interest as an above-the-line deduction (i.e. deduction from gross income). This deduction is available even if you do not itemize. Available for undergraduate or post-graduate program loans. The deduction is phased out when your income level exceeds $150,000 (marrieds) or $75,000 (singles).

Roth IRA
Distributions of principal (not earnings/gains) from Roth IRA accounts, open for five years or more, can be used to fund all college costs without any tax consequences.

Traditional IRAs
Distributions made from Traditional IRAs by individuals under 59 1/2 are subject to income tax and a ten percent penalty, however, if the distributions are for college tuition and fees, then the ten percent penalty is waived.

Series I or EE Bonds
Earnings on Series I or EE bonds are exempt if the money from the bonds is used to pay college tuition and fees. The exemption from earning is phased out when your income level exceeds $134,900 (marrieds-2009) or $84,950 (singles-2009).

Home Equity Loans
Money borrowed from home equity lines of credit or home equity term loans may be used to pay for all college costs. Interest on these loans is tax deductible on debt up to $100,000, but only for regular income tax purposes (not deductible for alternative minimum tax purposes).

Pell Grants
Pell Grants are outright gifts for undergraduate tuition costs. These grants are available only when the applicant can establish a financial need (“Financial Need” means you are at or near the poverty level) . Grants are capped at $5,350 for 2009/2010.

Perkins Loans
Like the Pell Grant, the applicant must show a financial need to qualify. For undergraduate students, the maximum available under this program is $4,000 per year. For graduate students, the maximum available under this program in $6,000 per year. There is a ten year repayment term with a nine month grace period following graduation.

Subsidized Stafford Loans
Like the Pell Grants and the Perkins Loan programs, this is a financial needs-based program. The federal government pays interest while your child is in college or graduate school. There are maximum subsidized amounts that you may borrow each year of $3,500 (Freshman), $4,500 (Sophomore) and $5,500 (Junior/Senior). Undergraduate cumulative subsidized loan amounts are capped at $23,000 for dependent students and graduate cumulative subsidized loan amounts are capped at $65,000. You may borrow an additional $2,000 per year beyond the subsidized amounts, however, this $2,000 is unsubsidized (meaning interest is not paid by the federal government on these amounts). You are required to file a FAFSA application under the Stafford Loan program to determine eligibility.

Unsubsidized Stafford Loans
Interest on these loans is capitalized while the student is in school. There is a grace period for any payments on these loans that ends upon graduation. Interest rates are higher under the unsubsidized Stafford Loan program. You are required to file a FAFSA application under the Stafford Loan program to determine eligibility.

PLUS Loans
These are loans made by traditional lenders. These loans must be paid back even while the student is in school (no grace period) . Interest rates are significantly higher than under the Stafford Loan program. There are no earnings limits restricting your ability to borrow funds under the PLUS Loan program. The PLUS Loan is a federal student loan and therefore must be “certified” (approved) by the college’s or university’s financial aid office. If your college or university requires the FAFSA for all students, they will not certify a PLUS Loan (even though it’s a loan for the parents) without a FAFSA on file.

Employer-Provided Education Assistance (Tuition Reimbursement)
Reimbursements by employers for undergraduate or graduate school tuition and related fees are excluded from employee income (W-2) to the extent such reimbursements do not exceed $5,250 per year.

Tom is a Certified Public Accountant, a Certified Financial Planner, CLTC (Certified Long-Term Care) and President of Cerefice & Company, the largest CPA firm in Rahway, New Jersey. Tom works with clients helping them manage their money, retirement planning, college savings, life insurance needs, IRAs and qualified plan rollovers with an eye towards maximizing tax benefits and minimizing taxes. Tom is founder of the Rich Habits Institute and author of “Rich Habits”.

Back To School – Educators Deduct School Expenses

As teachers and students head back to school following a glorious summer, it’s time to remind teachers to organize 2004 school expenses. Under a temporary tax code change, teachers can deduct certain school-related expenses from adjusted gross income.

Educator Expense Deduction

If you work in the education field, you may be able to deduct up to $250 from your adjusted gross income for 2004 taxes. Unfortunately, the deduction is only applicable to 2004, but there is a reasonable possibility it will be extended to the 2005 tax year and beyond. As a result, you should continue to keep records so you can claim the deduction if it is extended. So, who can claim it and what can be claimed?


Under the tax code provision, “educators” are defined as a fairly broad group of professionals. You are an education if you comply with the following guidelines:

1. You teach kids in kindergarten or through grade 12;

2. You are a teacher

3. You are an instructor

4. You are a counselor

5. You are an aide, or

6. You are a principal

If you fit within one of the above positions, there is an additional time requirement that must be met. You must work at least 900 hours in an elementary or high school during the year in question. This equates to roughly half a year.


As an educator, you are allowed to deduct unreimbursed expenses you paid for school room items. Examples include books, computer programs, writing supplies and those little stars I used to love getting on my book reports. Just make sure the school is not covering the costs.

The educator expense deduction is a rather disappointing $250, but every deduction counts when it comes to taxes. Make sure you claim the deduction and keep your receipts for the write off.