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As Senate Democrats try to reach an agreement on a package that can garner the 60 votes necessary to end a filibuster, President Obama said he is "cautiously optimistic" that Congress will pass health care reform legislation "on our watch." Obama noted that while there are still disagreements that need to be resolved within the next few days, he remained confident that a bill will pass "because it's right for America."
Following a White House meeting with fellow members of the Senate Democratic caucus on December 15, Senate Democratic Whip Richard J. Durbin, D-Ill., indicated that senators decided to drop the controversial Medicare buy-in proposal, after one of the key voters, Sen. Joseph I. Lieberman, I-Conn., said he opposed it.
Meanwhile, Obama reaffirmed his support for the Patient Protection and Affordable Care Bill (HR 3590), noting that it meets all the necessary principles for making insurance available for 30 million currently uninsured Americans without increasing the federal deficit.
Senate Action
The Senate on December 15 approved, by a 97-to-1 margin, an amendment offered by Senate Finance Committee Chairman Max Baucus, D-Mont., that would ensure no family with an adjusted gross income of less than $250,000 would face any tax increases under HR 3590. The amendment was offered in order to counter a proposal by Sen. Mike Crapo, R-Ida., that would send the health care overhaul legislation back to the Finance Committee in order to allow that panel to strip out tax-related provisions. Crapo claimed the health care reform measure would lead to tax increases for middle-class families. Crapo's amendment to recommit the legislation, which required 60 votes for adoption, was defeated by a vote of 45-to-54.
Baucus argued that the Joint Committee on Taxation estimated that tax credits in the health reform bill would reduce taxes by $40 billion, or approximately $440 per individual, in 2017.
By Jeff Carlson and Paula Cruickshank, CCH News Staff
SFC Release: The Patient Protection and Affordable Care Act --What American Families, Small Businesses and Workers Get Right Away
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The Massachusetts Department of Revenue has issued guidance explaining the impact of federal changes on the state's corporate excise and personal income tax. Specifically, state legislation adopted the new federal exclusion from gross income allowed by the federal American Recovery and Reinvestment Act of 2009 ("ARRA") for the COBRA subsidy for certain involuntarily terminated employees and their families. In addition, the legislation included provisions decoupling Massachusetts tax law from certain federal tax law changes made by ARRA.
The state's corporate excise provisions generally reference the Internal Revenue Code ("Code") as amended and in effect for the current year. For personal income tax purposes, the pertinent Massachusetts provisions generally adopt the Code as amended and in effect on January 1, 2005; however, the Massachusetts personal income tax adopts the current Code with respect to certain sections.
Exclusion of COBRA Subsidy
Effective for tax years ending on or after January 1, 2009, Massachusetts conforms to the current Code with regard to the federal exclusion from gross income of the COBRA subsidy under IRC Sec. 139C as added by ARRA. ARRA added new IRC § 139C which provides an exclusion from federal gross income for a 65% subsidy for COBRA continuation premiums for up to 9 months for certain workers who have been involuntarily terminated and for their families. To qualify for premium assistance, a worker must be involuntarily terminated between September 1, 2008 and December 31, 2009. This subsidy also applies to health care continuation coverage if required by states for small employers.
Discharge of Indebtedness
Effective for discharges in taxable years ending after December 31, 2008, the state's corporate excise and personal income tax decouples from the discharge of indebtedness provisions enacted by ARRA (IRC Sec. 108(i). A corporate or personal income taxpayer that makes the federal election allowed by IRC Sec. 108(i) is required to add back to gross income any cancellation of debt income that is deferred under IRC Sec. 108(i). In future years when the deferred cancellation of debt income is recognized for federal purposes, the taxpayer is allowed to make a corresponding subtraction, since the recognition event will have already taken place for Massachusetts tax purposes.
High Yield Discount Obligations
For purposes of the corporate excise and the personal income tax, Massachusetts decouples from the ARRA modifications of the cable high yield discount obligation rules pursuant to the amendments included in Section 1232 of the ARRA to IRC Sec.163(a)(5)(F) suspending the rules for high-yield original issue discount obligations and to IRC Sec. 163(i)(1) regarding the application of a higher rate. These decoupling provisions of the Act are applicable to obligations issued after August 31, 2008 in taxable years ending after that date.
Unemployment Compensation
For Massachusetts personal income tax purposes, an individual must include in gross income the entire amount of unemployment compensation received in 2009. For federal income tax purposes, pursuant to IRC Sec. 85, individuals must include in gross income any unemployment compensation received under the laws of the U.S. or any state. The ARRA added new IRC Sec. 85(c) whereby up to $2,400 of unemployment compensation benefits received in 2009 are excluded from the gross income of the recipient. The state follows IRC Sec. 85 as amended and in effect on January 1, 2005 and does not adopt the new Sec. 85(c) provision allowing an exclusion from gross income for up to $2,400 of unemployment compensation benefits received in 2009.
Change in Ownership
For Massachusetts corporate and personal income tax purposes, IRC Sec. 382(n) inserted by the ARRA has no force or effect in any taxable year. Also, for Massachusetts corporate and personal income tax purposes in any taxable year, IRC Sec.382 must be applied without regard to the treatment of a change in ownership of a bank or other corporation provided in IRS Notice 2008-83 or in any federal statutory or administrative codification, supplement or implementation of such Notice.
Dairy Farmer Credit
Recent legislation also provides the dairy farmer tax credit is now 100% (previously 90%) refundable. The Commissioner will apply the credit against the taxpayer's liability as reported on its tax return, first reduced by any other available credits, and then refund the balance of the credit to the taxpayer. The credit remains nontransferable. The effective date of this provision is July 1, 2009.
Technical Information Release 09-21, Massachusetts Department of Revenue, December 11, 2009
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