Did You Know ...

lightbulbWe want to help you with some of the more common questions that we get from our clients from time to time and have dedicated this space for brief articles and snippets to share with you.  Please visit this location often to see what new "tidbits" we have posted for you to review.   Maybe it will help you have a "lightbulb" moment!




2011 Tax Update
Wednesday, 01 September 2010 11:52

In 2001 and 2003, Congress implemented several tax cuts for individuals, families, and small businesses. However, many of these tax cuts will expire on January 1, 2011. As a result, Americans will be faced with the largest tax increase in history. Although proposals have been made to extend certain of these tax benefits, no tax laws have been passed to prevent these tax increases. Several of the expiring provisions are listed below:

  • Personal income tax rates will rise with the lowest rate rising from 10 to 15 percent and the highest rate rising from 35 to 39.6 percent.
  • Personal exemptions will phase-out out for higher-income earners. The personal exemption deduction for 2011 is expected to be $3,650, which will be limited with a phase-out beginning at $252,000 of adjusting gross income (AGI) for joint filers and $168,000 for single filers.
  • Itemized deductions will phase-out for higher-income earners with up to 80 percent of deductions being eliminated.
  • The child tax credit will be decrease from $1,000 to $500.
  • The adoption credit will only be available if the adopted child has special needs.
  • Standard deductions for married filers will no longer double that of unmarried filers.
  • Capital gains tax rates will increase from 15 to 20 percent.
  • Dividends will no longer receive long-term capital gains rate but will be taxed at ordinary rates of up to 39.6 percent.
  • The deduction for tuition and fees for secondary education will phase-out to a maximum of $2,000 if AGI is greater than $130,000 for joint filers and $65,000 for single filers.
  • Student loan interest deductions will phase-out, with a limit on the number of months that interest payments are deductible.
  • The Lifetime Learning credit for secondary education will be limited with a phase-out beginning at $96,000 of AGI for married filers and $48,000 for single filers.
  • The American Opportunity credit for secondary education will be limited with a phase-out beginning at $160,000 of adjusted gross income for married filers and $80,000 for single filers.
  • Teachers will no longer be able to deduct classroom expenses.
  • 50 percent bonus depreciation for small businesses will expire.
  • Research and experimentation tax credits will expire.
  • Alternative minimum tax will impact more Americans.

Now that Congress has passed a landmark health care reform package, much work needs to be done in dealing with new requirements. While the end result of the legislative process is necessarily health care related, the tax law plays a major role in its implementation. From the tax credits and subsidies used to expand health coverage, to the many penalties, fees and surtaxes designed to pay for it, the Tax Code is front and center. 

Two new laws.  Health care reform is actually made up of two new laws: the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010. The Patient Protection Act was crafted largely in the Senate and sets out the general framework of health care reform. The Reconciliation Act was prepared in the House to modify the Patient Protection Act, especially in the areas of tax credits and cost sharing for individuals to help make coverage more affordable. Common features to both laws are delayed effective dates for many of the provisions, which make strategic planning all that more important. 

New taxes and penalties.  Viewing the historic health care reform package from the context of the Tax Code, many new taxes and penalties stand out immediately above the rest.  Initially, we would advise taking particular note of the following highlights: 

  • Individuals who earn more than $200,000 for the year ($250,000 for married couples) will pay an additional 0.9 percent in Hospital Insurance (Medicare) tax, starting in 2013; 
  • Individuals whose adjusted gross income for the year exceeds $200,000 ($250,000 for joint filers), whether from wages or otherwise, will also pay an additional 3.8 percent Medicare tax on net investment income, starting in 2013; 
  • Employers with 50 or more employees that do not offer medical insurance coverage or offer coverage that does not meet new minimum essential coverage requirements will pay a penalty per employee, starting in 2014; 
  • Small for-profit employers with no more than 25 employees are entitled to up to a 35 percent tax credit on the cost of providing health insurance for employees, starting immediately in 2010 (small tax-exempt employers may qualify for a reduced credit); 
  • Dependent children up to age 26 may remain on their parents' health insurance plans; self-employed individuals are allowed a deduction for the premiums paid on such dependent coverage.
  • Most individuals will be required to obtain health insurance or be subject to a penalty tax starting in 2014; 
  • Health flexible savings arrangement (FSA) dollars will be limited to prescription medications with some exceptions after 2010, along with a $2,500 annual cap on expenses covered under health FSAs, after 2012; 
  • A 40 percent excise tax will be imposed on high-cost, "Cadillac" employer-sponsored health coverage, starting in 2018; 
  • Fees will be imposed on the pharmaceutical industry and health insurance providers , starting in 2011 and 2014, respectively; 
  • An excise tax will be imposed on medical device manufacturers after 2012; and 
  • Limits on tax-subsidized medical expenses will be imposed by raising the itemized medical expense deduction floor for regular tax purposes from 7.5 percent to 10 percent, generally starting in 2013.

Exchanges.   The health care reform package requires each state to establish an insurance exchange by 2014 to help individuals and qualified employers obtain coverage.  Coverage will be offered at various levels. Qualified individuals may be eligible for premium assistance tax credits, cost-sharing or vouchers to help pay for coverage through an insurance exchange. An individual's income, whether or not coverage is provided by his or her employer, will be taken into account when determining if the individual qualifies for a premium assistance tax credit, cost-sharing or voucher. 

IRS guidance.   Over the course of the next months and years, the IRS and other federal agencies will be filling in details on how to comply with all the provisions under the massive health care reform package and the expiring tax provisions.  Our office will be analyzing these developments, with an eye toward how to best maximize results under the new law for our clients.  Please do not hesitate to contact us to discuss these many provisions and how they may affect you or your business.

 
Are you loaning your money to the government?
Thursday, 17 June 2010 11:03

More than 96 million Americans received tax-refund checks in 2009.  At an average of $2,683 per refund, that adds up to a quarter of a trillion dollars loaned to the government only to be returned sometime after April 15th -- without any interest!  Do you really want to make interest-free loans to the government?   Wouldn't you rather have your own money throughout the year to put in the bank, save up for a purchase, or to have as a rainy-day fund?

Perhaps, these questions should be considered by all taxpayers when it comes to tax planning, withholdings, and the amount of exemptions to claim on Form W-4. Sure, its nice getting a check in the mail, but when you realize it is your own money in the first place, it may not sound like such a good idea.

 
Employee: To be or not to be .....
Thursday, 04 March 2010 13:16

See full size imageIs my independent contractor really an "employee"?

The Internal Revenue Service is commencing and Employment Tax Study and starting in February 2010 the Internal Revenue Service plans to have 200 Revenue Officer Examiners begin a three-year research study on employment tax compliance.  Could your company be selected for review?  The IRS will select 2,000 taxpayers at random each year for comprehensive examinations to collect data on employment tax filers.  This is a very small percentage of taxpayers but those that are unlucky enough to be chosen will undergo a very grueling examination.

The main goals of the research project is to provide information for computing the employment tax gap and to determine compliance characteristics so the IRS can focus on the employment tax areas that are the most noncompliant.  The results of the study will allow the IRS to determine more accurately determine the extent to which businesses properly comply with employment tax law and related reporting requirements.  This will help the IRS select returns for audit that have the greatest non-compliance risk.

What will the IRS be focusing on in these audits?  Common areas of non-compliance are worker classification, fringe benefits, and officer compensation.   One of the areas the IRS has really been concentrating on is

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Georgia Sales Tax & Withholding
Thursday, 10 December 2009 16:22

businsesstaxesThe Georgia Department of Revenue is implementing new filing requirements for Sales & Use Taxes and Withholding Taxes

Presently, businesses are required to file Sales Tax Reports electronically if tax exceeds $5,000 per month.  Beginning in January 2010, the threshold to require electronic filing and electronic payment of tax will be reduced to $1,000 per month.  In January of 2011, the threshold will be decreased again to $500.  Once a business meets the e-file requirement, it must continue to file and pay electronically from that month forward or be charged a penalty.

Businesses can file electronically via the Internet or some taxpayers can use the Interactive Voice Response (IVR) System.  To file taxes online, businesses should create an account with the Georgia Tax Center at https://gtc.dor.ga.gov

Employers will be required to file monthly and quarterly payroll tax reports electronically, as well as, e-pay the withholding taxes.  Employers that are “required filers” and

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GASB 54: Fund Definitions
Friday, 27 November 2009 10:46

DictionaryGovernmental Auditing Standards Board (GASB) has issued Statement No. 54 to be effective for financial statements for periods beginning after June 15, 2010Among other things, this statement refines the definitions of governmental funds in an effort to improve consistency on how fund types are reported.

The changes to the General, Debt Service, and Capital Projects funds are minor and, in most cases, simply reflect the new terms used for fund balances classifications.

The current definition for Special Revenue Funds (SRF) is

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NOL Carry Back Extension / Expansion
Wednesday, 18 November 2009 12:53

puzzlepieceThe American Recovery and Reinvestment Act of 2009 allowed small businesses (Average Gross Annual Receipts of  $15 million or less) to carry back NOL’s incurred in 2008 to the prior 5 tax years rather than the standard 2 years previously allowed. 

The Worker, Homeownership and Business Assistance Act of 2009, passed into law November 6, 2009,  allows a similar election to businesses of all sizes but with a limitation on the fifth preceding tax year of 50% of taxable income for that year.  The remaining NOL available can fully offset taxable income on the remaining 4 years forward.  Further, the new law expanded the election to include 2008 or 2009 NOL’s incurred, but not for both years. However, if a small business did elect under the American Recovery and Reinvestment Act of 2009 to carry back a 2008 NOL,

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ARRA and SA Major Fund Determination
Wednesday, 28 October 2009 11:25

ARRAAre you a governmental recipient of stimulus money under the 2009 American Recovery and Reinvestment Act?  How will this affect your Single Audit?  The Office of Management Budget (OMB) has issued Addendum #1 to the March 2009 Compliance Supplement which focuses on the effect these funds will have on your June 30, 2009 compliance audits under OMB A-133.  Here are some key factors to consider when determining the Single Audit Major Programs for 2009:

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Energy Incentives ......
Wednesday, 21 October 2009 14:41

Energy SavingsEnergy Incentives for Individuals

What’s New for 2009

Home Energy Efficiency Property Credit

This credit, which was unavailable for 2008, has been reinstated for 2009 and 2010. You may be able to claim a credit of 30% of the cost  (up to a maximum $1,500 credit) of certain energy-efficient property or improvements placed in service during 2009 to your existing home. Energy-efficient property includes:

• High-efficiency heat pumps and air conditioners
• High-efficiency water heaters (natural gas, propane or oil)
• Energy efficient exterior windows, doors and skylights
• Insulation materials
• Roofs (metal with appropriate pigmented coatings and asphalt with appropriate cooling granules)
• Biomass stoves

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GiveYour Car Away???
Wednesday, 07 October 2009 12:14

ferrariferrariA Ferrari?  Probably not.  However, you may have heard about people giving away their used cars as a charitable donation.  While this may be a good thing for many reasons, you do need to be clear on how it works.  There are three things that can happen when you give a car to a charity:

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LLC or S-Corp
Thursday, 24 September 2009 16:03

Corporate SealOne of the most often-asked questions we get is "should we organize as an LLC or S-Corp"?   One of the most common questions WE ask of new business clients is "Hmmmm, tell me why you decided to organize as an S-Corp"?   It is an important question warranting some real study when you are contemplating your new business or considering changing your organization type.   We could dedicate an entire website to organization considerations, but here are a few basic items ..............

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1099 What?
Thursday, 24 September 2009 15:27

1099People often mention that they are "waiting on a 1099".  Did you know that there are sixteen different types of 1099's?

They are: 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-DIV, 1099-G, 1099-H, 1099-INT, 1099-LTC, 1099-MISC, 1099-OID, 1099-PATR, 1099-Q, 1099-R, 1099-S, and 1099-SA.   Hmmm, maybe we all need to be more specific!

 
2008 Business Quick Facts
Thursday, 24 September 2009 15:10

Section 179 Deduction:

Maximum deduction .......... $250,000

Qualifying property limit .... $800,000

SUV deduction limit ............$25,000

Depreciation Limits (First Year):

Luxury autos - no bonus ............... $2,960

Luxury autos - with bonus .......... $10,960

Light trucks/vans - no bonus ........ $3,160

Light trucks/vans - with bonus .... $11,160

Business Standard Mileage Rate:

January - June ........... $0.505

July - December ......... $0.585

Depreciation portion .. $0.21

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Who Pays Federal Income Taxes
Wednesday, 23 September 2009 11:57

Dollars_CentsYou hear all the time that the top "X" percent of people pay "Y" percent of all income taxes.   That information is almost never consistent and is subject to wide interpretation.  The Internal Revenue Service actually does report this information and it can be found at www.taxfoundation.org.  Here are some interesting figures as actually reported for the 2006 calendar year:

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States with NO income tax .....
Wednesday, 23 September 2009 11:38

No Income TaxMost states impose an income tax.  In Georgia the maximum rate is 6% and in other states, like California, the rate is as high as 9.3%.  Did you know that seven states have no income tax?  They are:  Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming.

 
2008 Quick Tax Facts
Wednesday, 23 September 2009 11:04

Personal Exemptions:  $3,500

Basic Standard Deductions:

Married Filing Jointly = $10,900

Single = $5,450

Income Tax Rates applied to Taxable Income

Married Filing Jointly

10% on first $16,050

15% on the next $49,050

25% on the next $66,350

28% on the next $68,850

33% on the next $157,400

35% on all additional income

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Record Retention Schedule
Tuesday, 22 September 2009 14:54

Record Retention

How long should you keep files?  This is an often asked question and one that generally gets a variety of answers.  "Best Practices" evolved several years ago from a highly tiered structure to one having on a few retention classifications.  The ultimate rule, however, is "when in doubt, don't throw out".  The following are some of the guidelines we use when advising our clients on deciding what documents should be kept and when others should be discarded.

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AMT: Don't Get Trapped in 2010
Thursday, 17 June 2010 10:47

The Alternative Minimum Tax (AMT) is an additional tax that some taxpayers have to pay on top of their regular income tax.  Furthermore, AMT was originally designed to make sure that high income individuals did not evade taxation.  For awhile, the AMT worked as intended.  However, AMT was not indexed for inflation, which has seemingly “trapped” middle income taxpayers in recent years.
Currently, Congress has no plans to repeal the AMT because of the economic impact that would result.  Rather than repealing the AMT act, Congress has annually created a "patch" to AMT, which partially alleviates this increased tax burden.  The patch increases exemption amounts and provides other means of relief.  However, The American Recovery and Reinvestment Tax Act of 2009 provided a patch for 2009 only.  The Taxpayer Certainty and Relief Act of 2009 is a proposal floating around Congress to extend the AMT patch annually over the next 10 years at the 2009 levels and index it for inflation.  However, until a decision is made, almost any taxpayer is a potential target for AMT.


Below is a list of the Top 10 Things that Cause AMT Liability

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New Non-Profit Form 990 Policies
Thursday, 04 March 2010 11:56

See full size imageDoes Your Non-Profit Organization Need to Adopt New Policies?

The Form 990 contains new sections that ask extensive questions about organizations’ governance practices and policies.  The Internal Revenue Code has no specific governance requirements, but the IRS believes good governance ensures better compliance with tax laws and more effective safeguarding of assets.  To encourage organizations to adopt policies the IRS feels are beneficial, they have required that organizations disclose whether or not they have certain written policies and in some cases the organization is asked to describe the policy and how it is enforced.  We have outlined the policies mentioned on the Form 990 and the specific disclosures required related to each policy.

Conflict of Interest Policy
A conflict of interest policy is implemented to monitor how people who have influence over the resources of the organization might benefit from this influence.  The IRS has several questions regarding

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2009 Year End Tax Planning: Hot Items
Monday, 30 November 2009 10:48

2009calendarOnce December 31st has come and gone, your tax liability for the 2009 tax year will be set in stone. Until then, and especially now that your final tax picture for 2009 is becoming more clear, year-end tax planning presents a unique last chance to lower your tax bill. It is an investment in time well worth considering.  Year-end tax planning is made more urgent in 2009 because of some significant tax law changes.  We have highlighted many of these changes, as well as, some areas of law where the IRS may be increasing their scrutiny.

2009 Year-end Tax Planning

Homebuyer Credit. Congress extended the homebuyer tax credit, which allows a refundable credit for up to $8,000 ($4,000 for married filing separately) for qualifying first time homebuyers. Eligible taxpayers who enter a binding contract to purchase by April 30, 2010 and close on the purchase by June 30, 2010 may receive the credit. Congress also established a credit up to $6,500 ($3,250 for married filing separately) for homes purchased after November 6, 2009 by taxpayers who have owned and used the same residence as their principal residence for any five consecutive year period during the previous eight year period.

5-year NOL carryback. For businesses, the Worker, Homeownership and Business Assistance Act enhances the ability to carry back Net Operating Losses. All businesses may be eligible to elect to

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GASB 54: New Fund Balance Reporting
Wednesday, 25 November 2009 14:59

Governmental Auditing Standards Board (GASB) has issued Statement No. 54, which changes the manner in which fund balances are reported by governments.  It is effective for financial statements for periods beginning after June 15, 2010 though, as is usually the case, GASB encourages early implementation.

Fund balance information is one of the most widely used segments in a government’s financial report.  Therefore, GASB’s Statement  No. 54 seeks to improve the fund balance classifications and focuses on the extent to which governments are bound by constraints on resources reported in their governmental funds.

Currently, fund balances are reported as:

  • Reserved (for legal restricted funds)
  • Unresered, Designated (for self imposed fund limitations)
  • Unreserved, Undesignated

Under the standards set by GASB No. 54, fund balances will be reported as:

  • Nonspendable
  • Restricted
  • Committed
  • Assigned
  • Unassigned

These new classifications are broadly defined as follows:

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American Reinvestment Act of 2009 Overview
Saturday, 07 November 2009 11:10

irscheckThere are many misconceptions, criticisms, and contradictory information pieces among the public, the media, and in politics as relates to the American Recovery and Reinvestment Act of 2009.  The Act, passed in February of 2009, is the largest "stimulus" or "recovery" package in the history of the United States.  At a cost of over $1.1 trillion, the Act dwarfs all prior stimulus plans such as the Economic Stimulus Act of 2008 at $152 billion or even President Roosevelt's ENTIRE "New Deal" with a total cost, in today's dollars, of about $500 billion.  

However, with the U.S. having lost over

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First-Time Homebuyer Credit
Wednesday, 28 October 2009 11:00

fthbcThere is good news for first-time homebuyers and buyers who have lived in their current homes for more than 5 years.  President Obama signed the Worker, Homeownership, and Business Assistance Act of 2009 into law on November 6, 2009.  The legislation allows a tax credit of 10% of the purchase price of a home up to $8,000 for taxpayers, with incomes under $125,000 for single filers or $225,000 for joint filers, that have not owned a home in three years prior to the purchase.  A reduced credit is available for

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Required Minimum Distributions
Tuesday, 20 October 2009 14:46

SeniorsDid you know that taxpayers turning 70 ½ may be subject to the Required Minimum Distribution rules regarding certain retirement plans?  However, minimum distributions are suspended for 2009.


What is RMD?
A required minimum distribution is the amount a plan participant must withdraw from his or her retirement plan account each year after the participant retires or reaches age 70 1/2 (depending on the type of plan).  The rules apply to IRAs, SIMPLE IRAs, and SEPs.  The rules do not apply to ROTH IRAs.

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Gold Standard
Wednesday, 30 September 2009 08:49

Gold BarsThere are many definitions of "Gold Standard" though it is commonly referred to has a "representative currency".  This is where the amount of currency in circulation by a government is equal to amount of gold it possesses at its current price.   This effectively limits the amount of government spending to only the value of the gold supply it owns.  Governments will "suspend" the Gold Standard at times when it must incur abnormally large expenditures, such as in a time of war.  This usually results in currency inflation followed by a deflation once the suspension is lifted. 

U.S. InflationThe United States adopted the Gold Standard in 1834 and stayed on it, with various suspensions, until 1974 when the Richard Nixon permantly suspended the U.S. Gold Standard.  Click on the graph to the right to see how drastically inflation takes over.  Do you think we should get back on the Gold Standard?  Well, given the total of all gold ever known to be mined, the current per ounce trading price of around $1,000, and the total of all U.S. dollars in circulation of over $4.3 trillion, you would have to more than double the price of gold to more than $2,000 per ounce to get back on the Gold Standard.  Hmmm, now what would that do to world markets?

 
So what is this "outside basis" thing?
Thursday, 24 September 2009 15:32

ThinkingIf you are a owner of an interest partnership, LLP, LLC, or S-Corporation, you should have heard the term "outside basis".  It is an important calculation and it is your responsibility to track it, not the business.  It is important because if in the future you sell your interest in the business, your gain or loss will be computed based on the sale price less your "outside basis".  Also, depending on the business organization type (LLC, S-Corp, etc.), your ability to take losses from the business as deductions on your individual tax return is affected by your "outside basis".   Here is what "outside basis" consists of at any given time which, by the way, almost never equals your "capital account":

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2009 Business Quick Facts
Thursday, 24 September 2009 15:17

Section 179 Deduction:

Maximum deduction .......... $133,000

Qualifying property limit .... $530,000

SUV deduction limit ............$25,000

SIMPLE IRA plan contributions limits:

Under age 50 ........ $11,500

Age 50 or older ..... $14,000

401(k), 403(b), 457 and SARSEP elective deferral limits:

Under age 50 ........ $16,500

Age 50 or older ..... $22,000

Other Retirement limits:

Profit-sharing plan / SEP contribution limit:  $49,000

Compensation limit (for employer contributions to profit sharing plans):  $245,000

Defined benefit plans (annual benefit limit):  $195,000

"Key employee" compensation threshold:  $160,000

"Highly compensated" employee threshold:  $110,000

 
What are your chances of being audited by the IRS?
Wednesday, 23 September 2009 12:09

FrustrationNo one can really say, but the IRS does report on the number of returns that it examines.  For 2008, of the 138 million tax returns filed by individuals, the IRS examined 1,391,581.   This implies that you have about a 1% chance of being audited.  The most highly examined returns were those with more than a million dollars of income of which 5.6% were audited (down from 9.3% in 2007).

You can check out more of this information in the IRS Data Book, FY 2008, Publication 55b.

 
Tax Freedom Day
Wednesday, 23 September 2009 11:47

FreedomMany are curious to know what the overall tax rate is for our national government.  You can compute this in any given year by dividing the total of all taxes collected in the U.S. by the total of all the income earned in the country.  This percentage can be used to determine the day of the year when your earnings are entirely your own.  This is referred to as Tax Freedom Day (TFD). 

Since 1920, the earliest day in the year for TFD was February 12, 1930 (11.7%) and the latest was May 3, 2000 (33.6%).  For 2008, our TFD was April 23rd with an overall tax rate of 30.8%. 

 
2009 Quick Tax Facts
Wednesday, 23 September 2009 11:27

Personal Exemptions:  $3,650

Basic Standard Deductions:

Married Filing Jointly = $11,400

Single = $5,700

Income Tax Rates applied to Taxable Income

Married Filing Jointly

10% on first $16,700

15% on the next $51,200

25% on the next $69,150

28% on the next $71,800

33% on the next $164,100

35% on all additional income

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Tax Return Due Dates Beginning 2009
Tuesday, 22 September 2009 15:06

The Internal Revenue Service has changed the extended due dates for certain tax form types.  If you are a partnership, LLC, LLP, Family Limited Partnership, or any other kind of pass-through organization that files a Form 1065, you must file your tax return by April 15 of each year.  The change is with the extended due date which had previously been a filing by October 15, but beginning with tax years ending in 2008, the final extended due date for Form 1065 is now September 15. 

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