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BobKamman
Level 15
March 8, 2021

Here is Text of Unemployment Exclusion Amendment to Senate Bill

  • March 8, 2021
  • 3 replies
  • 1 view

With the caveat, that I haven't yet looked at the final "Manager's Amendment" (No. 1398) that made technical corrections and was passed by voice vote.  This is from the Wyden Amendment 1378.  It looks to me like:  1)  $150,000 is same for every filing status; 2) it's all-or-nothing, no phase-out.  

 

SEC. 9042. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT
COMPENSATION.

(a) In General.--Section 85 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(c) Special Rule for 2020.--
``(1) In general.--In the case of any taxable year
beginning in 2020, if the adjusted gross income of the
taxpayer for such taxable year is less than $150,000, the
gross income of such taxpayer shall not include so much of
the unemployment compensation received by such taxpayer (or,
in the case of a joint return, received by each spouse) as
does not exceed $10,200.
``(2) Application.--For purposes of paragraph (1), the
adjusted gross income of the taxpayer shall be determined--
``(A) after application of sections 86, 135, 137, 219, 221,
222, and 469, and
``(B) without regard to this section.''.

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    3 replies

    IRonMaN
    Level 15
    March 8, 2021

    Yeah but, when is Intuit going to have their software updated.  I checked this morning and all of the unemployment is still showing as taxable.  I pay good money for this software and they are letting me down again.  I'm sure Drake and Ultratax already have their software changed 🙄

    Slava Ukraini!
    BobKamman
    BobKammanAuthor
    Level 15
    March 8, 2021

    Intuit may have its software updated, before IRS.  Can you e-file a 1099-G with zero income, that shows federal income tax withheld?  The schemers need to work around that.  

    The bigger problem is going to be state conformity.

    The obvious question is, why are you doing this for 2020 and not for 2021, after just extending the benefits for another six months or so?  The answer is, that would add to the price tag and we are working with this darn $1.9 trillion limit.  We'll come back later and exclude 2021.  Like, maybe by next March.  

    qbteachmt
    Level 15
    March 8, 2021

    "The bigger problem is going to be state conformity."

    I forget which State it was, but yesterday when doing some research I came across a State's determination that, while they don't tax their SUI, they are taxing the PUA/LWA/FPUC/PEUC component.

    "Conform" should be a 4-letter word.

    *******************************Don't yell at us; we're volunteers
    Level 2
    March 8, 2021

    How do you interpret "(B) Without regard to this section"?  If a taxpayer has an AGI of $151,000 which includes $10,000 of unemployment compensation, is the unemployment taxable or not?

    Level 3
    March 8, 2021

    Spoke with Sen. Wyden's office and they indicated that the 10.2k is deducted from total agi and if the amount of the remaining agi is less than 150k, you will qualify.  If 150k or over, not eligible.  So to answer your question, if 10k in UI is deducted from AGI and that number if below 150k, you are eligible for the tax break.

    Level 3
    March 13, 2021

    You are correct.  This is exactly opposite of what Sen. Wyden's office said.  The calculation for the 150K was supposed to not include the UI.  I will call them on Monday.  Not sure what they will do now that IRS has published, but will see what they say.  Supposedly, the one who provided the response was the tax expert in his office that was involved in writing the amendment.


    @rbynaker Question for you.  Since this seems contrary to the law, would you consider excluding and explaining later if audited?  Or do you think that would not be a good idea?

    rbynaker
    Level 13
    March 23, 2021

    Updated worksheet:

    https://www.irs.gov/forms-pubs/new-exclusion-of-up-to-10200-of-unemployment-compensation

    Honestly, given what the IRS has had to deal with lately, 12 days is FAST.  The new instructions are comprehensive.  A good taxpayer-friendly step in the right direction.

    Rick

    Level 3
    March 23, 2021

    @rbynaker Just to make sure I am reading this correctly.  The calls and email to Sen. Wyden worked.  The unemployment income is now not included in the MAGI calculation.  Are we on the same page? 

    rbynaker
    Level 13
    March 23, 2021

    @Shark wrote:

    @rbynaker Just to make sure I am reading this correctly.  The calls and email to Sen. Wyden worked.  The unemployment income is now not included in the MAGI calculation.  Are we on the same page? 


    Correct.  In the "new and improved" worksheet posted on irs.gov today, MAGI excludes 100% of unemployment received when determining eligibility vs. the $150K cliff.