IRS Releases Inflation-Adjusted Tables For 2009.

Part III

Administrative, Procedural, and Miscellaneous

26 CFR 601.602: Tax forms and instructions.

(Also Part I, §§ 1, 23, 24, 25A, 32, 42, 59, 62, 63, 68, 132, 135, 137, 146, 147, 148, 151, 170, 179, 213, 220, 221, 512, 513, 877, 877A, 911, 2032A, 2503, 2523, 4161, 4261, 6033, 6039F, 6323, 6334, 6601, 7430, 7702B; 1.148-3, 1.148-5)

 Table of Contents

This revenue procedure sets forth inflation adjusted items for 2009.

SECTION 2. CHANGES

.01 For taxable years beginning after 2008, the $3,000 increase to the phaseout amounts of the earned income tax credit for married taxpayers filing a joint return under § 32(b)(2)(B)(iii) are adjusted for inflation. The adjusted amounts are included in the amounts shown in section 3.06(1) of this revenue procedure.

.02 Section 42(h)(3)(I) was added to the Code by section 3001, Division C, Title I, of the Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289, 122 Stat. 2654 (2008), to provide for a temporary increase in the State housing credit ceiling under § 42(h)(3)(C)(ii)(I) and (II) after any adjustments for inflation under § 42(h)(3)(H). Accordingly, for calendar years 2008 and 2009, the inflation adjusted amount under § 42(h)(3)(C)(ii)(I) is increased by $0.20, and the inflation adjusted amount under § 42(h)(3)(C)(ii)(II) is increased by ten (10) percent and rounded to the next lowest multiple of $5,000. (See section 3.07 of this revenue procedure.)

.03 Section 147(c)(2) was amended by section 15341, Title XV, Subtitle C, Part III, of the Food Conservation and Energy Act of 2008, Pub. L. No. 110-246, 122 Stat. 1651 (2008), to provide for an increase in the loan limits on agricultural bonds for first-time farmers. For calendar year 2008, the limit is $450,000. For calendar years after 2008, the $450,000 amount will be adjusted for inflation. (See section 3.16 of this revenue procedure.)

.04 Section 877A was added to the Code by section 301(a) of Title III of the Heroes Earnings Assistance and Relief Tax Act of 2008, Pub. L. No. 110-245, 122 Stat. 1624 (2008), to provide special rules for the treatment of property of certain individuals who are "covered expatriates," and who cease to be treated as long term residents or who relinquish their U.S. citizenship (expatriate). Pursuant to § 877A(a)(1), covered expatriates, as defined in § 877A(g)(1), are subject to income tax on the net unrealized gain in their property as if the property had been sold for its fair market value on the day before the expatriation date, as defined in § 877A(g)(3). Section 877A(a)(3) provides that the amount of gain includible in gross income under § 877A(a)(1) is reduced (but not below zero) by $600,000. For taxable years beginning in a calendar year after 2008, the $600,000 amount is adjusted for inflation. (See sections 3.26 and 3.27 of this revenue procedure.)

.05 The passenger air transportation excise taxes imposed under § 4261(b) and (c), as extended by § 2(b)(1) of the Federal Aviation Administration Extension Act of 2008, Part II, Pub. L. No. 110-330, 122 Stat. 3717 (2008), apply to transportation taken through March 31, 2009, and to amounts paid on or before March 31, 2009, for transportation beginning after that date. Accordingly, the amounts in § 4261(b) and (c) are adjusted for inflation for 2009 and are included in this revenue procedure. (See section 3.32 of this revenue procedure.)

.06 The dollar limit on contributions to funeral trusts under § 685(c) was repealed by § 9 of the Hubbard Act, Pub. L. No. 110-317, 122 Stat. 3526 (2008), for taxable years beginning after August 29, 2008. Accordingly, the dollar limitation under § 685(c) is no longer included in this revenue procedure.

SECTION 3. 2009 ADJUSTED ITEMS

.01 Tax Rate Tables. For taxable years beginning in 2009, the tax rate tables under § 1 are as follows:

.03 Adoption Credit. For taxable years beginning in 2009, under § 23(a)(3) the credit allowed for an adoption of a child with special needs is $12,150. For taxable years beginning in 2009, under § 23(b)(1) the maximum credit allowed for other adoptions is the amount of qualified adoption expenses up to $12,150. The available adoption credit begins to phase out under § 23(b)(2)(A) for taxpayers with modified adjusted gross income in excess of $182,180 and is completely phased out for taxpayers with modified adjusted gross income of $222,180 or more. (See section 3.14 of this revenue procedure for the adjusted items relating to adoption assistance programs.)

.04 Child Tax Credit. For taxable years beginning in 2009, the value used in § 24(d)(1)(B)(i) to determine the amount of credit under § 24 that may be refundable is $12,550.

.05 Hope and Lifetime Learning Credits.

(1) For taxable years beginning in 2009, the Hope Scholarship Credit under § 25A(b)(1) is an amount equal to 100 percent of qualified tuition and related expenses not in excess of $1,200 plus 50 percent of those expenses in excess of $1,200, but not in excess of $2,400. Accordingly, the maximum Hope Scholarship Credit allowable under § 25A(b)(1) for taxable years beginning in 2009 is $1,800.

(2) For taxable years beginning in 2009, a taxpayer's modified adjusted gross income in excess of $50,000 ($100,000 for a joint return) is used to determine the reduction under § 25A(d)(2)(A)(ii) in the amount of the Hope Scholarship and Lifetime Learning Credits otherwise allowable under § 25A(a).

.06 Earned Income Credit.

(1) In general. For taxable years beginning in 2009, the following amounts are used to determine the earned income credit under § 32(b). The "earned income amount" is the amount of earned income at or above which the maximum amount of the earned income credit is allowed. The "threshold phaseout amount" is the amount of adjusted gross income (or, if greater, earned income) above which the maximum amount of the credit begins to phase out. The "completed phaseout amount" is the amount of adjusted gross income (or, if greater, earned income) at or above which no credit is allowed. The threshold phaseout amounts and the completed phaseout amounts shown in the table below for married taxpayers filing a joint return include the increase provided in § 32(b)(2)(B)(iii), as adjusted for inflation for taxable years beginning in 2009.

(2) Excessive investment income. For taxable years beginning in 2009, the earned income tax credit is not allowed under § 32(i) if the aggregate amount of certain investment income exceeds $3,100.

.07 Low-Income Housing Credit. For calendar year 2009, the amount used under § 42(h)(3)(C)(ii) to calculate the State housing credit ceiling for the low-income housing credit is the greater of (1) $2.30 multiplied by the State population, or (2) $2,665,000.

.08 Alternative Minimum Tax Exemption for a Child Subject to the "Kiddie Tax." For taxable years beginning in 2009, for a child to whom the § 1(g) "kiddie tax" applies, the exemption amount under §§ 55 and 59(j) for purposes of the alternative minimum tax under § 55 may not exceed the sum of (1) the child's earned income for the taxable year, plus (2) $6,700.

.09 Transportation Mainline Pipeline Construction Industry Optional Expense Substantiation Rules for Payments to Employees under Accountable Plans. For calendar year 2009, an eligible employer may pay certain welders and heavy equipment mechanics an amount of up to $16 per hour for rig-related expenses that is deemed substantiated under an accountable plan if paid in accordance with Rev. Proc. 2002-41, 2002-1 C.B. 1098. If the employer provides fuel or otherwise reimburses fuel expenses, up to $10 per hour is deemed substantiated if paid under Rev. Proc. 2002-41.

.10 Standard Deduction.

(1) In general. For taxable years beginning in 2009, the standard deduction amounts under § 63(c)(2) are as follows:

(3) Aged or blind. For taxable years beginning in 2009, the additional standard deduction amount under § 63(f) for the aged or the blind is $1,100. These amounts are increased to $1,400 if the individual is also unmarried and not a surviving spouse.

.11 Overall Limitation on Itemized Deductions. For taxable years beginning in 2009, the "applicable amount" of adjusted gross income under § 68(b), above which the amount of otherwise allowable itemized deductions is reduced under § 68, is $166,800 (or $83,400 for a separate return filed by a married individual).

.12 Qualified Transportation Fringe. For taxable years beginning in 2009, the monthly limitation under § 132(f)(2)(A), regarding the aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass, is $120. The monthly limitation under § 132(f)(2)(B), regarding the fringe benefit exclusion amount for qualified parking, is $230.

.13 Income from United States Savings Bonds for Taxpayers Who Pay Qualified Higher Education Expenses. For taxable years beginning in 2009, the exclusion under § 135, regarding income from United States savings bonds for taxpayers who pay qualified higher education expenses, begins to phase out for modified adjusted gross income above $104,900 for joint returns and $69,950 for other returns. The exclusion is completely phased out for modified adjusted gross income of $134,900 or more for joint returns and $84,950 or more for other returns.

.14 Adoption Assistance Programs. For taxable years beginning in 2009, under § 137(a)(2) the amount that can be excluded from an employee's gross income for the adoption of a child with special needs is $12,150. For taxable years beginning in 2009, under § 137(b)(1) the maximum amount that can be excluded from an employee's gross income for the amounts paid or expenses incurred by an employer for qualified adoption expenses furnished pursuant to an adoption assistance program for other adoptions by the employee is $12,150. The amount excludable from an employee's gross income begins to phase out under § 137(b)(2)(A) for taxpayers with modified adjusted gross income in excess of $182,180 and is completely phased out for taxpayers with modified adjusted gross income of $222,180 or more. (See section 3.03 of this revenue procedure for the adjusted items relating to the adoption credit.)

.15 Private Activity Bonds Volume Cap. For calendar year 2009, the amounts used under § 146(d)(1) to calculate the State ceiling for the volume cap for private activity bonds is the greater of (1) $90 multiplied by the State population, or (2) $273,270,000.

.16 Loan Limits for Agricultural Bonds. For calendar year 2009, the loan limit amount on agricultural bonds under § 147(c)(2)(A) for first-time farmers is $469,200.

.17 General Arbitrage Rebate Rules. For bond years ending in 2009, the amount of the computation credit determined under § 1.148-3(d)(4) of the proposed Income Tax Regulations is $1,490.

.18 Safe Harbor Rules for Broker Commissions on Guaranteed Investment Contracts or Investments Purchased for a Yield Restricted Defeasance Escrow. For calendar year 2009, under § 1.148-5(e)(2)(iii)(B)(1), a broker's commission or similar fee for the acquisition of a guaranteed investment contract or investments purchased for a yield restricted defeasance escrow is reasonable if (1) the amount of the fee that the issuer treats as a qualified administrative cost does not exceed the lesser of (A) $35,000, and (B) 0.2 percent of the computational base (as defined in § 1.148-5(e)(2)(iii)(B)(2)) or, if more, $4,000; and (2) the issuer does not treat more than $99,000 in brokers' commissions or similar fees as qualified administrative costs for all guaranteed investment contracts and investments for yield restricted defeasance escrows purchased with gross proceeds of the issue.

.19 Personal Exemption.

(1) Exemption amount. For taxable years beginning in 2009, the personal exemption amount under § 151(d) is $3,650. The exemption amount for taxpayers with adjusted gross income in excess of the maximum phaseout amount is $2,433 for taxable years beginning in 2009.

(2) Phaseout. For taxable years beginning in 2009, the personal exemption amount begins to phase out at, and reaches the maximum phaseout amount after, the following adjusted gross income amounts:

.21 Eligible Long-Term Care Premiums. For taxable years beginning in 2009, the limitations under § 213(d)(10), regarding eligible long-term care premiums includible in the term "medical care," are as follows:

(1) Self-only coverage. For taxable years beginning in 2009, the term "high deductible health plan" as defined in § 220(c)(2)(A) means, for self-only coverage, a health plan that has an annual deductible that is not less than $2,000 and not more than $3,000, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits do not exceed $4,000.

(2) Family coverage. For taxable years beginning in 2009, the term "high deductible health plan" means, for family coverage, a health plan that has an annual deductible that is not less than $4,000 and not more than $6,050, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits do not exceed $7,350.

.23 Interest on Education Loans. For taxable years beginning in 2009, the $2,500 maximum deduction for interest paid on qualified education loans under § 221 begins to phase out under § 221(b)(2)(B) for taxpayers with modified adjusted gross income in excess of $60,000 ($120,000 for joint returns), and is completely phased out for taxpayers with modified adjusted gross income of $75,000 or more ($150,000 or more for joint returns).

.24 Treatment of Dues Paid to Agricultural or Horticultural Organizations. For taxable years beginning in 2009, the limitation under § 512(d)(1), regarding the exemption of annual dues required to be paid by a member to an agricultural or horticultural organization, is $145.

.25 Insubstantial Benefit Limitations for Contributions Associated with Charitable Fund-Raising Campaigns.

(1) Low cost article. For taxable years beginning in 2009, the unrelated business income of certain exempt organizations under § 513(h)(2) does not include a "low cost article" of $9.50 or less.

(2) Other insubstantial benefits. For taxable years beginning in 2009, the $5, $25, and $50 guidelines in section 3 of Rev. Proc. 90-12, 1990-1 C.B. 471 (as amplified by Rev. Proc. 92-49, 1992-1 C.B. 987, and modified by Rev. Proc. 92-102, 1992-2 C.B. 579), for disregarding the value of insubstantial benefits received by a donor in return for a fully deductible charitable contribution under § 170, are $9.50, $47.50, and $95, respectively.

.26 Expatriation to Avoid Tax. For calendar year 2009, an individual with "average annual net income tax" of more than $145,000 for the five taxable years ending before the date of the loss of United States citizenship under § 877(a)(2)(A) is a covered expatriate for purposes of § 877A(g)(1).

.27 Tax Responsibilities of Expatriation. For taxable years beginning in 2009, the amount that would be includible in the gross income of a covered expatriate by reason of § 877A(a)(1) is reduced (but not below zero) by $626,000.

.28 Foreign Earned Income Exclusion. For taxable years beginning in 2009, the foreign earned income exclusion amount under § 911(b)(2)(D)(i) is $91,400.

.29 Valuation of Qualified Real Property in Decedent's Gross Estate. For an estate of a decedent dying in calendar year 2009, if the executor elects to use the special use valuation method under § 2032A for qualified real property, the aggregate decrease in the value of qualified real property resulting from electing to use § 2032A for purposes of the estate tax cannot exceed $1,000,000.

.30 Annual Exclusion for Gifts.

(1) For calendar year 2009, the first $13,000 of gifts to any person (other than gifts of future interests in property) are not included in the total amount of taxable gifts under § 2503 made during that year.

(2) For calendar year 2009, the first $133,000 of gifts to a spouse who is not a citizen of the United States (other than gifts of future interests in property) are not included in the total amount of taxable gifts under §§ 2503 and 2523(i)(2) made during that year.

.31 Tax on Arrow Shafts. For calendar year 2009, the tax imposed under § 4161(b)(2)(A) on the first sale by the manufacturer, producer, or importer of any shaft of a type used in the manufacture of certain arrows is $0.45 per shaft.

.32 Passenger Air Transportation Excise Tax. For calendar year 2009, the tax under § 4261(b) on the amount paid for each domestic segment of taxable air transportation is $3.60. For calendar year 2009, the tax under § 4261(c) on any amount paid (whether within or without the United States) for any air transportation, if the transportation begins or ends in the United States, generally is $16.10. However, for a domestic segment beginning or ending in Alaska or Hawaii as described in § 4261(c)(3), the tax applies only to departures and the rate is $8.00.

.33 Reporting Exception for Certain Exempt Organizations with Nondeductible Lobbying Expenditures. For taxable years beginning in 2009, the annual per person, family, or entity dues limitation to qualify for the reporting exception under § 6033(e)(3) (and section 5.05 of Rev. Proc. 98-19, 1998-1 C.B. 547), regarding certain exempt organizations with nondeductible lobbying expenditures, is $101 or less.

.34 Notice of Large Gifts Received from Foreign Persons. For taxable years beginning in 2009, recipients of gifts from certain foreign persons may be required to report these gifts under § 6039F if the aggregate value of gifts received in a taxable year exceeds $14,139.

.35 Persons Against Whom a Federal Tax Lien Is Not Valid. For calendar year 2009, a federal tax lien is not valid against (1) certain purchasers under § 6323(b)(4) who purchased personal property in a casual sale for less than $1,380, or (2) a mechanic's lienor under § 6323(b)(7) that repaired or improved certain residential property if the contract price with the owner is not more than $6,880.

.36 Property Exempt from Levy. For calendar year 2009, the value of property exempt from levy under § 6334(a)(2) (fuel, provisions, furniture, and other household personal effects, as well as arms for personal use, livestock, and poultry) cannot exceed $8,230. The value of property exempt from levy under § 6334(a)(3) (books and tools necessary for the trade, business, or profession of the taxpayer) cannot exceed $4,120.

.37 Interest on a Certain Portion of the Estate Tax Payable in Installments. For an estate of a decedent dying in calendar year 2009, the dollar amount used to determine the "2-percent portion" (for purposes of calculating interest under § 6601(j)) of the estate tax extended as provided in § 6166 is $1,330,000.

.38 Attorney Fee Awards. For fees incurred in calendar year 2009, the attorney fee award limitation under § 7430(c)(1)(B)(iii) is $180 per hour.

.39 Periodic Payments Received under Qualified Long-Term Care Insurance Contracts or under Certain Life Insurance Contracts. For calendar year 2009, the stated dollar amount of the per diem limitation under § 7702B(d)(4), regarding periodic payments received under a qualified long-term care insurance contract or periodic payments received under a life insurance contract that are treated as paid by reason of the death of a chronically ill individual, is $280.

SECTION 4. EFFECTIVE DATE

.01 General Rule. Except as provided in section 4.02, this revenue procedure applies to taxable years beginning in 2009.

.02 Calendar Year Rule. This revenue procedure applies to transactions or events occurring in calendar year 2009 for purposes of sections 3.07 (low-income housing credit), 3.09 (transportation mainline pipeline construction industry optional expense substantiation rules for payments to employees under accountable plans), 3.15 (private activity bond volume cap), 3.16 (loan limits on agricultural bonds), 3.17 (general arbitrage rebate rules), 3.18 (safe harbor rules for broker commissions on guaranteed investment contracts or investments purchased for a yield restricted defeasance escrow), 3.26 (expatriation to avoid tax), 3.29 (valuation of qualified real property in decedent's gross estate), 3.30 (annual exclusion for gifts), 3.31 (tax on arrow shafts), 3.32 (passenger air transportation excise tax), 3.35 (persons against whom a federal tax lien is not valid), 3.36 (property exempt from levy), 3.37 (interest on a certain portion of the estate tax payable in installments), 3.38 (attorney fee awards), and 3.39 (periodic payments received under qualified long-term care insurance contracts or under certain life insurance contracts).

SECTION 5. DRAFTING INFORMATION

The principal author of this revenue procedure is Christina M. Glendening of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this revenue procedure, contact Ms. Glendening at (202) 622-4920 (not a toll-free call).