If you have been excluded from the education tax credits in the past, the new credits may now change that.  The new American opportunity credit modifies the existing Hope credit for tax years 2009 and 2010, making it available to a broader range of taxpayers. Income guidelines are expanded and required course materials are added to the list of qualified expenses. Many of those eligible will qualify for the maximum annual credit of $2,500 per student.

The American opportunity credit, in many cases, offers greater tax savings than existing education tax breaks. Here are some key features of the credit:

• Tuition, related fees, books and other required course materials generally qualify. In the past, books usually were not eligible for education-related credits and deductions.

• The credit is equal to 100 percent of the first $2,000 spent and 25 percent of the next $2,000. That means the full $2,500 credit may be available to a taxpayer who pays $4,000 or more in qualified expenses for an eligible student.

• The full credit is available for taxpayers whose modified adjusted gross income is $80,000 or less (for married couples filing a joint return, the limit is $160,000 or less). The credit is phased out for taxpayers with incomes above these levels. These income limits are higher than under the existing Hope and lifetime learning credits.

• Forty percent of the American opportunity credit is refundable. This means that even people who owe no tax can get an annual payment of the credit of up to $1,000 for each eligible student. Existing education-related credits and deductions do not provide a benefit to people who owe no tax. The refundable portion of the credit is not available to any student whose investment income is taxed at the parent’s rate, commonly referred to as the kiddie tax. See Publication 929, Tax Rules for Children and Dependents, for details.

Tax planning may be in order to see how this credit change effects your tax liability.  As we have discussed in the past, we do not recomend overpaying your taxes this year in case federal or state governments decide they may repay with I.O.U.’s.  With tax planning and coaching, we can help you adjust your withholdings to increase your net pay now instead of being at the mercy of the taxing authorities to grant you your own money back in the form of a “refund”.

Now that President Obama is officially in office, we want to keep you up to date on the changes that may be coming your way. Keep in mind that none of the below changes have become law yet and must be voted on by Congress. Details are not yet available; however, it is clear that if some of these items are enacted into law they will have a substantial impact on small business owners. Due to the large amount of these Policy Agenda Proposals, I will discuss them over several posts.

Increase the minimum wage: President Obama has proposed to raise the minimum wage to $9.50 per hour by 2011 and index it to inflation. I have never been a fan of the minimum wage. I think people should get paid what they are worth, not some arbitrary amount set by government. This will certainly result in an increase in cost to many businesses throughout the Country. I can only hope that it does not result in an increased number of jobs being shipped overseas where such requirements do not exist.

Making Work Pay tax cut: The details on this are very unclear. Supposedly, it would permanently cut taxes by $500 per person ($1,000 per family). I will keep you posted on this as I hear more details.

Tax cut for senior citizens: Eliminate all income taxation of seniors making less than $50,000.

Reverse certain Bush tax cuts. This proposal would reverse most of the tax cuts for the highest producing tax payers. The Obama proposal mentions the “wealthiest” taxpayers. Unfortunately, the policy makers do not understand that “wealthy” and “high income” are two totally separate things and that having a “high income” does not translate into having more cash for taxes. This will definitely have an adverse effect on many small businesses throughout the nation.

Welfare Credit Expansion. Apparantly “Change” does not mean that the government is going to stop telling the American people the truth. I wrote about this a few weeks ago, asking for then President-Elect Obama to come clean on this lie that the government has been dealing to the American people since 1975. Instead of coming clean and fixing the issue, President Obama has propose to expand the Earned Income Tax Credit (EITC, otherwise known as the Welfare Credit) so that full-time workers making minimum wage would get a benefit of more than three times what they can currently claim. Currently, the maximum benefit is $4,825. So, does this mean that they can get an additional $14,475 handed to them for doing nothing other than filing a tax return. Given the above request to increase minimum wage to $9.50, a full time employee eligible for this credit would earn $19,760 in wage, pay no income tax, and recieve a “refund” for more than $14,475 resulting in a total of $34,235. In addition, President Obama’s proposal calls for this benefit to be doubled if they are paying child support and it would also reduce the Welfare Credit (EITC) marriage penalty. As I stated in my prior post, I am not debating for or against welfare. I am simply debating against lieing to the American people about it.

This topic always gets me riled up, so I am going to stop now. I need to go blow off some steam. I will post some more on the upcoming policy agenda tomorrow – some of it good, some of it bad. In the meantime, if you have any questions about how these proposed changes may effect you – you know where to find us.

With the Presidential Inauguration only days away, I want to join a host of other Americans who are calling for President Elect Obama to end the Tax Code Lie once and for all.

Most Americans do not even know of these outrageous lies. Millions of Americans think that they receive big tax refunds, when they do not. Millions of Americans think that everyone pays some tax, when a third of all taxpayers pay no income tax – projected to increase to 44% under President-Elect Obama’s plan. The reason for this disparity in what people believe and what is actually true dates back to the initial passing of the Earned Income Tax Credit in 1975, and its massive expansion in 1990 and 1993.

Touted as one of the top anti-poverty programs in the country, the Earned Income Tax Credit is no more than a massive government welfare and wealth redistribution system – kept on the down-low from most Americans. It is not obvious because it isn’t called “welfare.” It is called a “tax refund.” I hate to tell Congress, but a refund is only a refund up to the amount that someone paid. Anything else, if NOT A REFUND, is welfare. Currently, taxpayers that paid no income tax (zero, zilch, nada) can receive a “refund” of up to $4,825. [Not a typo].

I am not here to argue whether these people need the money or whether or not the poor should be helped or anything related. My issue is simple. The government needs to stop lying to the American public by funneling these massive welfare payments through the tax code. If the welfare is needed, open up the debate on whether or not welfare is needed and stop hiding it in the tax code.

Also, the biggest area of tax fraud – by far – is related to the Earned Income Tax Credit. Approximately 1/3 of all returns containing an earned Income Tax Credit is flawed, resulting in billions of dollars in lost funds to the government (ultimately taxpayers). If someone wants these welfare payments, let them apply for welfare. Most of these people are already on food stamps and receive assistance already. Let the Department of Health & Human Services sort this out and let us actually see from a budgetary standpoint, the true cost of welfare in this country. What is the government hiding here?

President-Elect Obama has promised a vast expansion in refundable tax credits such as the earned income tax credit. Personally, I think it is time we stopped the lie. I am not against people who need help getting help, but I am against lying to Americans to get it done.

Oh….also, President-Elect Obama has promised big tax cuts for the poor. Just as the refunds are not refunds, these tax cuts are not tax cuts. They are welfare. If someone is already paying zero tax, they can’t get a tax cut. If they get more money back, it is because these “welfare” credits have been increased. Period. I do not know how the press lets the government keep getting away with this lie.

One more note, before all you Obama Lovers jump on my back, this lie has been going on during the Ford Era, the Reagan Era, the Bush I Era, the Clinton Era, and the Bush II Era. Obama did not start the lie, but in the essence of “change,” I think it is time he ended the lie.