IRS to suspend collection of options tax (AMT) - 8/30/2008

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August 30, 2008]

 


IRS to suspend collection of options tax


http://www.tmcnet.com/usubmit/2008/08/30/3626393.htm


(Gazette, The (Cedar Rapids, IA) (KRT) Via Acquire Media NewsEdge) Aug.
30--The Internal Revenue Service has agreed to suspend collection of
alternative minimum tax on incentive stock options, Sen. Chuck Grassley
said Friday.



The suspension of collection efforts will give Congress time to ease
the burden on affected taxpayers, according to Grassley, R-Iowa,
ranking Republican on the Senate Finance Committee and former committee
chairman.



Alternative minimum tax is an alternate tax calculation system
targeting high-income Americans that ensnares more people each year
because it is not indexed for inflation. Incentive stock options are a
type of employee stock option with a tax benefit, when exercised, of
not having to pay ordinary income tax. Instead, the options are taxed
at a capital gains rate. However, they involve more risk for the option
holders because they must keep the options longer in order to qualify
for the lower capital gains rate.




The application of alternative minimum tax to income from incentive
stock options is widely regarded as unfair because it left thousands of
taxpayers with huge tax bills on income they never actually realized.
Most of the taxpayers had stock options on shares of the technology
companies at which they were employed. They exercised the options just
before the technology bubble burst in 2001 and 2002, causing the price
of tech shares to plummet. But the IRS calculates the income based on
the value of the shares at the time they were exercised rather than at
the time they were sold. That left many taxpayers with huge tax bills
without stock profits they could use to pay the IRS.



Among the victims of the tax were many employees of telecommunications
companies operating in Cedar Rapids, such as McLeodUSA, now part of
PAETEC, and MCI, now Verizon Business


Ron Speltz of Ely, a McLeodUSA executive who now works at PAETEC, and
his wife, June, crusaded nationally to correct the tax code, working
with the Coalition for Tax Fairness and other groups. Their efforts
were rewarded by a legislative fix in the Tax Relief and Health Care
Act of 2006 that provided gradual refunds of previous payments. But the
legislative fix did not stop the IRS from trying to collect the
original tax, penalties and interest.



"These families are facing the garnishments of wages, foreclosures of
homes, seizures of retirement accounts, and all the other tools
available to the IRS to settle uncollected tax debts," said a letter to
IRS Commissioner Douglas Shulman cosigned by Grassley and 26 other
members of Congress.



In the letter, Grassley wrote "there is now a very broad bipartisan
consensus to abate all interest and penalties attributable to ISO AMT
liabilities and permit taxpayers to apply the full amount of their
future refundable credits toward the entirety of their ISO AMT
liabilities." He wrote that there is strong commitment in both houses
of Congress to enact legislation to accomplish those goals this year.



-- Contact the writer: (319) 398-8317 or david.dewitte@gazcomm.com



To see more of The Gazette, or to subscribe to the newspaper, go to http://www.gazetteonline.com.

Copyright (c) 2008, The Gazette, Cedar Rapids, Iowa

Distributed by McClatchy-Tribune Information Services.

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3 Replies

Excuse me for always being the cynical one (In real life I'm not, I promise).


But, something is wrong here.  This is a case of expecting reward without taking the risk.  The risk of any stock is the volatility of the price.  In the US you pay taxes on the price of stock when exercized.


It seems to me that this is another case of why we are where we are in the US today.  We have been living on the idea of money, not solid cash. 


Great that the government is doing something to help struggling families, but how did they get there in the first place? 

It looks like this "suspension" is only for one month (through the end of the fiscal year 9/30).  Any idea why the IRS is halting the collection process for only one month?  It seems odd.  Individuals have a one month reprieve, then what?


CCH (cch.taxgroup.com) reports:


 
The IRS has announced that it will temporarily suspend collection of
incentive stock option (ISO) alternative minimum tax (AMT) liabilities
through September 30, 2008. The suspension is intended to provide
lawmakers with time to enact legislation related to the collection of
this AMT liability, IRS Commissioner Douglas H. Shulman indicated in a
just-released letter to Sen. Charles E. Grassley, R-Iowa, ranking
member of the Senate Finance Committee.


Lawmakers' Request


 
The IRS's decision to temporarily halt its collection activities
involving ISO AMT liabilities is in response to a July request from
Grassley and more than 20 other members of Congress. These lawmakers
asked the IRS for the suspension in order to work on legislation aimed
at providing relief to individuals and families affected by ISO AMT
liability.


  "We are currently working to help these ISO AMT
families through the enactment of AMT Credit Fairness and Relief Act of
2007 (HR 3861), and its companion bill (Sen 2389). These bills work off
earlier legislation contained in the Tax Relief and Health Care Act of
2006 (P.L. 109-432) to increase the AMT refundable credit amount for
families and individuals with long-term unused credits for prior-year
minimum tax liability," the lawmakers told Shulman. "There is now a
very broad bipartisan consensus to abate all interest and penalties
attributable to ISO AMT liabilities and permit taxpayers to apply the
full amount of their future refundable credits towards the entirety of
the current ISO AMT liabilities," the lawmakers added.


  Under
current law, taxpayers who exercise ISOs must realize income subject to
the AMT upon exercise, rather than only at any subsequent sale.
However, taxpayers are not subject to regular income tax upon exercise
of an ISO.


Suspension


  Shulman reported that the IRS
is taking steps to identify all collection cases involving ISO AMT
liabilities. "To provide the Congress with an opportunity to enact the
pending legislation, the IRS will not undertake any collection
enforcement action through the end of this fiscal year (September 30,
2008) on these cases," said Shulman.


  By Hilary Goehausen, CCH News Staff


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