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The 1998 Tax Provisions:
Internet Tax Freeze, Expiring Provisions, Technical Corrections, and Other Tax Provisions

October 1998

A Tax News & Views Special Report

Table of Contents

Congressional leaders passed and sent to the President October 21 an omnibus appropriations bill (H.R. 4328) that includes a $9.2 billion, 9-year tax package that extends several expiring tax provisions, most notably the research and experimentation tax credit, through June of next year. It also contained a three-year freeze on new taxes on Internet access and e-commerce.

Deloitte & Touche LLP and Tax News & Views have written a detailed summary of the key tax provisions in this massive bill from the last days of the 105th Congress.

Introduction

1. Extension of Expiring Provisions

A. Tax Provisions

  • Research and Experimentation Tax Credit
  • Work Opportunity Tax Credit
  • Welfare-to-Work Credit
  • Deduction for Contributions of Appreciated Stock to Private Foundations
  • Exceptions under Subpart F Rules for Certain Active Financing Income

B. Trade Provisions

  • Extension of Generalized System of Preferences
  • Extensions of Trade Adjustment Assistance

2. Revenue Offsets

  • Deductible Liquidating RICs and REITs
  • Restrict Specified Liability Loss 10-Year Net Operating Loss Carryback Rules
  • Clarify and Expand Math Error Procedures
  • Vaccines against Rotavirus Gastroenteritis Now Taxable
  • Treatment of Certain Prizes


3. Other Provisions

A. Individual Provisions

  • Alternative Minimum Tax Relief
  • Estimated Tax Safe Harbor for Individuals

B. Farmers and the Self-Employed

  • Acceleration of Self-Employed Health Insurance Deduction
  • Permanent Extension of Income Averaging for Farmers
  • Production Flexibility Contract Payments to Farmers
  • Net Operating Loss Carryback for Farmers

C. Other Tax Issues

  • Increase in Private Activity Bond Volume Cap
  • Treasury Study on Depreciation
  • State Election to Exempt Student Employees from Social Security
  • Disclosure of Return Information in Connection with Certain Student Loans

4. Internet Tax Moratorium

5. Tax Technical Corrections

A. Technical Corrections to the Internal Revenue Service Restructuring and Reform Act of 1998

  • Burden of Proof
  • Relief for Innocent Spouses
  • Interest Netting
  • Capital Gains Holding Period

B. Technical Corrections to the Taxpayer Relief Act of 1997

  • Treatment of Interest on Qualified Education Loans
  • Capital Gain Distributions of Charitable Remainder Trusts
  • Gift Revaluations after Expiration of Statute of Limitations
  • Treatment of Certain Corporate Distributions
  • Treatment of Net Operating Losses Arising from Certain Eligible Losses

C. Technical Corrections to the 1984 Act

  • Casualty Loss Deduction

D. Perfecting Amendments Related to Withholding from Social Security Benefits and Other Federal Payments

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