Page 19 - Supplement to Income Tax TY2021
P. 19

Updates, Additions, and Corrections to the Text of Your Income Tax 2021



            The Schedule D Tax  Worksheet also must be used  must have lived in a qualified disaster area and suffered
            if you report 28% gains (line 18 of Schedule D)  losses as a result of the disaster. A qualified disaster is a
            or Unrecaptured Section 1250 gains (Line 19 of  major disaster that (1) was declared by the President after
            Schedule D).                                         2019 and no later than February 25, 2021, (2) began
              The Qualified Dividends and Capital Gain  after December 27, 2019, and no later than December
            Tax  Worksheet is shown below on page 48 of this  27, 2020, and (3) ended no  later than January 26,
            Supplement, and the Schedule D Tax Worksheet is on  2021. If these three tests are met, distributions of up
            page 49.                                             to $100,000 made by June 24, 2021, are considered
              In the John and Keisha Taylor example (page 123;  qualified disaster distributions that are exempt from the
            worksheet on page 128), their total tax liability remains  early distribution penalty, can be included income over
            $8,272 ($450 tax on qualifying dividends and net  three years and repaid within three years of receipt. The
            capital  gain,  plus  $7,822  tax  on  ordinary  income).  $100,000 limit applies per qualified disaster, regardless
            However, on the 25-line  Worksheet (see page 48 of   of the number of plans from which distributions are
            this Supplement) the $7,822 tax is on line 22 (rather   received. The new law relief is similar to that provided
            than line 24), the $8,272 total tax is on lines 23 and   in prior disaster tax relief legislation.
            25 (rather than lines 25 and 27), and the liability of   Use Form 8915-E to report coronavirus-related
            $9,846 that would apply in the absence of favorable   distributions (see pages 209-210 and 259), as well as
            capital gain rates is on line 24 (rather than line 26).  the other qualified 2020 disaster distributions under
                                                                 the new law. The instructions to Form 8915-E have
            Definition of  “real property” for like-kind exchange   a table listing the non-coronavirus-related qualified
            purposes (page 159). The IRS issued final regulations   2020 disasters. Form 8915-E appears on page 56 of
            (T.D. 9935, 2020-52 IRB 1746) that define “real      this Supplement.
            property” qualifying for like-kind exchange treatment.   The new law increases the maximum employer plan
            In general, this includes land and improvements to   loan limit (page 190) for employees living in a qualified
            land, unsevered crops and other natural products of   disaster area to the lesser of  $100,000 (minus other
            land, and water and air space superjacent to land.   outstanding loans) or 100% of the account balance, for
            Improvements to land include inherently permanent    loans made from December 27, 2020, through June 24,
            structures (e.g., buildings) and the structural      2021. For qualified employees with outstanding loans,
            components of inherently permanent structures.       loan repayments otherwise due during this period are
            The regulations also include an incidental rule under   suspended for one year.
            which personal property may be treated as part of real
            property qualifying for like-kind exchange treatment.   Discharge of principal residence indebtedness (page
            See T.D. 9935 for details.                           321).  The Taxpayer Certainty and Disaster Tax Relief
                                                                 Act of 2020 extends the exclusion for a discharge of
            Revised life expectancy tables for IRA RMDs starting in   principal residence indebtedness through 2025. See the
            2022 (pages 237–245, 257–258).  As discussed on page  new law discussion at page 4 of this Supplement.
            8–10 of this Supplement, the IRS has released revised
            life expectancy tables that will be used to figure RMDs,   Economic impact payments and recovery rebate
            starting with RMDs for 2022.                         credit (page 333).  The new law authorized a second
                                                                 round of economic impact payments of up to $600
            Tax relief for qualified disaster distributions and  for  singles  and    $1,200  for  joint  return  filers,  plus
            employer plan loans (pages 190, 210, 259).  The  $600 per qualifying child under age 17. The payments
            Taxpayer Certainty and Disaster Tax Relief Act of 2020  were subject to the same phaseout as the first round
            (see pages 3–5 of this Supplement) provides favorable  of payments (page 333), but based solely on AGI and
            rules for qualified disaster distributions made by June  family status reported on 2019 returns. The second
            24, 2021, from eligible retirement plans and larger loan  round payments were sent out by the IRS until the
            limits  from employer  retirement plans. The taxpayer  middle of January, 2021.


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