JCT List of Expired or Expiring Provisions
JCX-1-99
- Institutional AuthorsJoint Committee on Taxation
- Subject Area/Tax Topics
- Index Termslegislation, taxsunset tax provisions
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 1999-3274 (13 original pages)
- Tax Analysts Electronic Citation1999 TNT 14-13
=============== SUMMARY ===============
The Joint Committee on Taxation has released JCX-1-99, a list of tax provisions that have expired or will expire in the years 1998 through 2008.
Provisions allowed to sunset in 1998 included nonconventional fuel credits and allowance of personal credits without regard to the alternative minimum tax.
The R&E tax credit is set to expire in 1999, as are the work opportunity and welfare-to-work tax credits.
=============== FULL TEXT ===============
Prepared by the Staff
of the
JOINT COMMITTEE ON TAXATION
* * * * *
CONTENTS
INTRODUCTION
EXPIRED AND EXPIRING FEDERAL TAX PROVISIONS, 1998-2008
A. Provisions That Expired in 1998
B. Provisions Expiring in 1999
C. Provisions Expiring in 2000
D. Provisions Expiring in 2001
E. Provisions Expiring in 2002
F. Provisions Expiring in 2003
G. Provisions Expiring in 2004
H. Provisions Expiring in 2005
I. Provisions Expiring in 2007
J. Provisions Expiring in 2008
INTRODUCTION
This document, 1 prepared by the staff of the Joint Committee on Taxation, provides a listing of tax provisions (with Code sections) that expired in 1998 and that are currently scheduled to expire in 1999-2008.
EXPIRED AND EXPIRING FEDERAL TAX PROVISIONS, 1998-2008
A. PROVISIONS THAT EXPIRED IN 1998
_____________________________________________________________________
Provision (Code section) Expiration Date
_____________________________________________________________________
1. Nonconventional fuels tax credit for fuel
from biomass and coal -- facilities placed
in service pursuant to binding contracts
before January 1, 1997 (sec. 29) 6/30/98
2. Moratorium on regulations regarding
employment taxes of limited partners
(sec. 1402(a)(13) and sec. 935 of the
Taxpayer Relief Act of 1997 (the "1997
Act")) 6/30/98
3. Temporary increase in limit on cover
over of rum excise tax revenues (from
$10.50 to $11.30 per proof gallon) to
Puerto Rico and the Virgin Islands (sec.
7652(f)) 9/30/98
4. Personal tax credits fully allowed against
regular tax liability without regard to the
alternative minimum tax (sec. 26) 12/31/98
B. PROVISIONS EXPIRING IN 1999
______________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Tax credit for research and
experimentation expenses (sec. 41) 6/30/99
2. Work opportunity tax credit (sec. 51) 6/30/99
3. Welfare-to-work tax credit (sec. 51A) 6/30/99
4. Tax credit for electricity production from
wind and closed-loop biomass -- facilities
placed in service date (sec. 45(c)) 6/30/99
5. Waiver of penalty for failure of small
business to use Electronic Funds Transfer
Payment System ("EFTPS") 6/30/99 2
6. Suspension of 100 percent-of-net-income
limitation on percentage depletion for oil
and gas from marginal wells (sec. 613A) 12/31/99
7. Qualified zone academy bonds (sec.
1397E) 12/31/99
8. Exceptions under subpart F for active
financing income (secs. 953 and 954) 12/31/99
C. PROVISIONS EXPIRING IN 2000
______________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Exclusion for employer-provided
educational assistance (sec. 127) 5/31/00
2. Enhanced deduction for corporate
contributions of computer equipment to
elementary and secondary schools (sec.
170(e)(6)) 12/31/00
3. Expensing of "Brownfields"
environmental remediation costs (sec.
198) 12/31/00
4. Establishment of Medical Savings
Accounts ("MSAs") (sec. 220) 12/31/00 3
5. Tax credit for first-time D.C. homebuyers
(sec. 1400C) 12/31/00
D. PROVISIONS EXPIRING IN 2001
______________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Tax on failure to comply with mental
health parity requirements applicable to
group health plans (sec. 9812) 9/29/01
2. Tax credit for non-special needs adoption
(sec. 23(d)(2)(B)) 12/31/01
3. Exclusion for employer-provided
adoption assistance (sec. 137(f)) 12/31/01
E. PROVISIONS EXPIRING IN 2002
_____________________________________________________________________
Provision (Code section) Expiration Date
_____________________________________________________________________
1. Combined employment tax reporting
demonstration project (sec. 976 of the
1997 Act) 8/5/02
2. Tax incentives for investment in the
District of Columbia:
a. Designation of D.C. Enterprise Zone;
employment tax credit; additional
expensing (sec. 1400) 12/31/02
b. Tax-exempt D.C. economic
development bonds (sec. 1400A) 12/31/02
c. Zero percent capital gains rate for
investment in D.C. for property acquired
by 12/31/02; for gains through 12/31/07
(sec. 1400B) 12/31/02
3. Luxury excise tax on passenger highway
automobiles (sec. 4001) 12/31/02 4
F. PROVISIONS EXPIRING IN 2003
______________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Disclosure of tax return information for
administration of certain veterans
programs (sec. 6103(l)(7)(D)(viii)) 9/30/03
2. Disclosure of tax return information to
carry out administration of income
contingent repayment of student loans
(sec. 6103(l)(13)) 9/30/03
3. IRS user fees for letter rulings,
determination letters, advance pricing
agreements, and similar requests (sec.
10511 of the Revenue Act of 1987, as
last amended by sec. 2 of P.L. 104-117) 9/30/03
4. Indian employment tax credit (sec. 45A) 12/31/03
5. Accelerated depreciation for business
property on an Indian reservation (sec.
168(j)) 12/31/03
6. Joint Committee on Taxation annual
report and annual joint hearings on IRS
strategic plans (secs. 4001 and 4002 of
the Internal Revenue Service
Restructuring and Reform Act of 1998) 12/31/03
G. PROVISIONS EXPIRING IN 2004
_____________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Empowerment zone tax incentives
(employment tax credit, additional
expensing, tax-exempt bonds) generally
(secs. 1391, 1394, and 1396) 12/31/04 5
2. Tax credit for qualified electric vehicles
(sec. 30) 12/31/04 6
3. Deduction for clean-fuel vehicles and
refueling property (sec. 179A) 12/31/04 7
H. PROVISIONS EXPIRING IN 2005
_____________________________________________________________________
Provision (Code section) Expiration Date
_____________________________________________________________________
1. Leaking Underground Storage Tank
Trust Fund excise tax (sec. 4081(d)(3)) 3/31/05
2. Highway Trust Fund excise tax rates:
a. All but 4.3 cents per gallon of the
taxes on highway gasoline, diesel fuel,
kerosene, and special motor fuels (secs.
4041(a) and 4081(d)(1)) 8 9/30/05
b. Tax on retail sale of heavy highway
vehicles (sec. 4051(c)) 9/30/05
c. Tax on heavy truck tires (sec. 4071(d)) 9/30/05
d. Annual use tax on heavy highway
vehicles (sec. 4481) 9/30/05
3. Aquatic Resources Trust Fund and Land
and Water Conservation Fund excise tax
on motorboat gasoline and special fuels
(secs. 4041(a) and 4081(a)(1)) -- all but
4.3 cents per gallon 9 9/30/05
4. Puerto Rico economic activity tax credit
(sec. 30A) 12/31/05
5. Puerto Rico and possessions tax credit
(sec. 936) 12/31/05
I. PROVISIONS EXPIRING IN 2007 10
______________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Airport and Airway Trust Fund excise
taxes:
a. All but 4.3 cents per gallon of taxes on
noncommercial aviation jet fuel and
noncommercial aviation gasoline (secs.
4041(c), 4081(d), and 4091) 11 9/30/07
b. Domestic and international air
passenger ticket taxes (sec. 4261) 9/30/07
c. Air cargo tax (sec. 4271) 9/30/07
2. Reduced excise tax rates for alcohol fuels
and alcohol fuels mixtures (secs.
4041(b)(2) and (k), 4081(c), and 4091(c)) 9/30/07 12
3. Alcohol fuels income tax credits (sec. 40) 12/31/07 13
4. FUTA surtax of 0.2 percent (sec. 1301) 12/31/07
5. Empowerment zone tax incentives, for
zones added by the 1997 Act:
a. Empowerment zone employment tax
credit (sec. 1396) 12/31/07 14
J. PROVISIONS EXPIRING IN 2008
______________________________________________________________________
Provision (Code section) Expiration Date
______________________________________________________________________
1. Empowerment zone tax incentives, for
zones added by the 1997 Act:
a. Empowerment zone expensing; tax-
exempt bonds (secs. 1391 and 1394) December 31, 2008 15
1 This document maybe cited as follows: Joint Committee on Taxation, List of Expired and Expiring Federal Tax Provisions, 1998- 2008 (JCX-1-99), January 20, 1999.
2 The Internal Revenue Service has administratively extended the waiver through June 30, 1999. IRS Notice 98-68, November 18, 1998. The previous statutory waiver expired June 30, 1998; see section 931 of the 1997 Act.
3 The ability of individuals to establish MSAs may expire earlier than December 31, 2000, if certain numerical limits on the number of MSAs established are exceeded.
4 The luxury excise tax on automobiles phases down as follows: 6 percent in 1999, 5 percent in 2000, 4 percent in 2001, and 3 percent in 2002.
5 This expiration date does not apply to new empowerment zones added by the 1997 Act, which expire later. See, I. Provisions Expiring in 2007 and J. Provisions Expiring in 2008, below.
6 The credit phases down for vehicles placed in service after 12/31/01. The credit is reduced by 25 percent in 2002, 50 percent in 2003, and 75 percent in 2004. No credit is available after 2004.
7 The deduction phases down for vehicles placed in service after 12/31/01. The deduction is reduced by 25 percent in 2002, 50 percent in 2003, and 75 percent in 2004. No deduction is allowed after 2004.
8 The 4.3-cents-per-gallon rate is permanent.
9 The 4.3-cents-per-gallon rate is permanent.
10 There are no Federal tax provisions expiring in calendar years 2006.
11 The 4.3-cents-per-gallon rate is permanent.
12 The reduced rates expire earlier if the tax rate on gasoline and other motor fuels drops to 4.3 cents per gallon, which is currently scheduled to occur after September 30, 2005, unless the Highway Trust Fund tax rates are extended beyond that date.
13 The income tax credits expire earlier if the tax rate on gasoline and other motor fuels drops to 4.3 cents per gallon, which is currently scheduled to occur after September 30, 2005, unless the Highway Trust Fund tax rates are extended beyond that date.
14 The empowerment zone employment tax credit is only available to the two additional urban empowerment zones that were designated by February 1, 1998.
15 Empowerment zone tax incentives generally expire 10 years after zone designation; thus, the empowerment zones whose designations take effect in 1998 expire December 31, 2008.
END OF FOOTNOTES
- Institutional AuthorsJoint Committee on Taxation
- Subject Area/Tax Topics
- Index Termslegislation, taxsunset tax provisions
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 1999-3274 (13 original pages)
- Tax Analysts Electronic Citation1999 TNT 14-13