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Chapter 1

Tax Changes for 1998
The Current Scene

1998 Tax Guide
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he information that follows is designed to help you think about tax and financial planning for this year and next year, and for the longer term. Among

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these items, you will find tax-saving moves for yourself and your family for now and for the future.

In this section, we explain:

1998 RULES TO KNOW ABOUT

  • Capital Gains Holding Period Is Shortened; Reporting Is Simplified. For sales after December 31, 1997, the holding period for preferential treatment of capital gains has been reduced from more-than-18-months to more-than-12-months. Thus, individuals who realize capital gains on the sale of an asset during calendar year 1998 will be eligible for the 20 percent capital gains tax rate, if they have held the asset for more than one year. (The applicable rate is 10 percent for taxpayers in certain low tax brackets.)

    This provides an immediate tax benefit for many taxpayers, and it eliminates thorny problems related to the more-than-18-month holding period that had been created by the 1997 legislation. The change should dramatically simplify the 1998 tax filing season by making Schedule D (which is used to report capital gains) much easier for taxpayers to complete.

  • Self-Employed Health Insurance Deduction Is Up. For 1998, a self-employed person can deduct 45 percent of the amount he or she paid for health insurance premiums. The deductible percentage grows in later years, as shown in Table 1-1.

TABLE 1-1
Health Insurance Premiums
For taxable years beginning in Deductible Percentage
1999 45%
2000 - 2001 50%
2002 60%
2003 - 2005 80%
2006 90%
2007 and thereafter 100%

 

  • You Can Underpay Your Estimated Tax by $1,000 Without Owing More to Uncle Sam. For 1998 and later years, an individual may underpay estimated tax by $1,000 and still avoid an addition to tax (an "underpayment penalty"). That is, the taxpayer’s balance due (total tax liability for the year, less tax withheld and estimated payments) will have to be $1,000 or less in order to avoid a penalty. The pre-1998 threshold was $500. A taxpayer whose balance due is more than $1,000 will be subject to penalty unless protected by one of the safe harbor rules discussed in Chapter 2.

  • Rate You Can Claim for "Charitable" Mileage Goes Up. Beginning in 1998, the standard mileage rate for purposes of computing the charitable contribution deduction is 14 cents per mile. It had been 12 cents per mile.

  • Taxpayer-Friendly Rule on Contributions of Appreciated Stock Has Expired. For a number of years, taxpayers could deduct an amount equal to the fair market value of "qualified appreciated stock" contributed to a private foundation. This provision was scheduled to expire, and it has. Contributions made after June 30, 1998, do not qualify for the deduction.

  • Clarification on Excluding Gain on the Sale of a Personal Residence Owned Less Than Two Years. To be eligible for the exclusion, the taxpayer must have owned the residence and used it as a principal residence for at least two of the five years prior to the post-May 6, 1997, sale (or exchange). The 1998 legislation clarifies that an otherwise qualifying taxpayer who fails to satisfy the two-year ownership and use rules is able to exclude a proportionate share of the $250,000 exclusion ($500,000 if a joint filer), not a proportionate share of the realized gain.

    For example, consider an unmarried taxpayer who owns and uses a principal residence for one year, and then sells it at a realized gain of $100,000. This taxpayer can exclude the entire $100,000 gain because it is less than one-half of $250,000. The exclusion is not limited to $50,000 (one-half of the $100,000 realized gain).

    This provision is effective as if it had been included in the 1997 legislation. Thus, anyone who sold a residence after the 1997 rule took effect and paid tax using the more restrictive, and incorrect, exclusion ratio will want to consider filing for a refund.

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