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S. 349, The Small Business and Work Opportunity Act of 2007
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Robert L. Traylor, C.P.A.
Repealing the Alternative Minimum Tax may be biting off more than can be swallowed at this time. I think the 1st priority should be to repeal the limits on the use of General Business Credits, based on the Tentative Minimum Tax.
Now that the Minimum Wage is going to be increased, it is time to repeal the limitation on the utilization of the following credits, based on Internal Revenue Code Sections 38(c)(1) and 38(c)(1)(A).
IRS Form Name of Form
5884 Work Opportunity Tax Credit (WOTC)
8861 Welfare-to-Work Credit (WtW)
8845 Indian Employment Credit (IEC)
8844 Empowerment Zone and Renewal Community Employment Credit (EZ/RC)
Deductible wages are actually reduced by the amount of the Credits claimed. This often results in more income tax being paid than the amount of Credits that can be utilized. The result is an actual disincentive to hire potential employees in these Targeted Groups.
Thanks for your consideration of this matter,
Bob
Robert L. Traylor, C.P.A.
P O Box 57789
Jacksonville, Florida 32241
Telephone: (904) 716-2169
Facsimile: (904) 236-4915
BobTraylor@Comcast.net
Bob Traylor
Robert L. Traylor, C.P.A.
P O Box 57789
Jacksonville, Florida 32241-7789
Telephone: (904) 716-2169
Facsimile: (904) 236-4915
BobTraylor@Comcast.net
IRS Form Name of Form
5884 Work Opportunity Tax Credit (WOTC)
8861 Welfare-to-Work Credit (WtW)
8845 Indian Employment Credit (IEC)
8844 Empowerment Zone and Renewal Community Employment Credit (EZ/RC)
Why do less than 1% of Eligible Taxpayers Use These Credits?
If you hire as few as 10 employees a year, 1 or 2 of them may qualify for either the WOTC, WtW or IEC Tax Credits. These are Federal Income Tax Credits (Credits), so why don't more taxpayers take advantage of them?
The reason is that neither the WOTC, WtW or IEC Credits can be utilized to pay the Tentative Minimum Tax (TMT) on your Income Tax Return (EZ/RC Credits can be utilized against 25% of TMT). TMT comes from the Alternative Minimum Tax (AMT) schedule, even if you do not have to pay AMT, as follows:
IRS Form Schedule Line
Individuals: 6251 33
Corporations: 4626 12
Estates and Trusts: 1041 I 54
In addition to potentially not being able to actually utilize the Credits, wages are not deductible to the extent of the Credits claimed. Example:
WOTC, WtW and IEC Credits Claimed - $100,000
Adjusted Gross Income - $300,000
Additional Income Taxes on Non Deductible Wages - $33,000
Useable Tax Credits, after TMT limitation - $1,000
The taxpayer is now out of pocket $32,000 + its after tax cost of the necessary administration to identify and certify the Credits with the state employment security agency (SESA).
Accompanying the Minimum Wage increase, there should be a repeal of the limitations on the use of these Credits under Internal Revenue Code Sections 38(c)(1) and 38(c)(1)(A). Form 1040 - U.S. Individual Income Tax Return - Page 2
Married Filing Jointly with 2 Exemptions
Description
Adjusted Gross Income Taxable Income Regular Income Tax Form 6251 Tentative Minimum Tax 2006 Useable Income Tax Credits Credits / Tax
50,000 33,100 4,210 - 4,210 100.00%
200,000 183,100 40,671 38,987 1,684 4.14%
400,000 389,700 109,644 108,486 1,158 1.06%
600,000 589,700 179,644 164,500 15,144 8.43%
800,000 789,700 249,644 220,500 29,144 11.67%
1,000,000 989,700 319,644 276,500 43,144 13.50%
1,200,000 1,189,700 389,644 332,500 57,144 14.67%
1,400,000 1,389,700 459,644 388,500 71,144 15.48%
1,600,000 1,589,700 529,644 444,500 85,144 16.08%
1,800,000 1,789,700 599,644 500,500 99,144 16.53%
2,000,000 1,989,700 669,644 556,500 113,144 16.90%
Useable Income Tax Credits are less than $6,000 until AGI of $450,000
Useable Income Tax Credits are less than $10,000 until AGI of $525,000
At AGI of $300,000 Useable Income Tax Credits are less than $1,000
Regular Income Tax = Useable Income Tax Credits + Tentative Minimum Tax
Laser
Mr Traylor, it is a shame I am a poor boy, if I ever come to wealth or stature I surely hope to find someone of your common sense/legal prowess!