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Taxpayers Affected by Late Tax Breaks Must Wait to File
Wednesday, 29 December 2010 00:30

The IRS has announced that taxpayers affected by three recently reinstated deductions will need to wait until mid- to late February to file their individual tax returns. Taxpayers who itemize deductions on Form 1040 Schedule A will also need to wait until mid- to late February. However, the start of the 2011 filing season will begin in January for the majority of taxpayers. The IRS will announce a specific date in the near future when it can start processing tax returns impacted by the late tax law changes. In the interim, people in the affected categories can start working on their tax returns, but they should not submit their returns until IRS systems are ready to process the new tax law changes.

Taxpayers will need to wait to file if they are within any of the following three categories:

  • Taxpayers claiming itemized deductions on Schedule A. Itemized deductions include mortgage interest, charitable deductions, medical and dental expenses as well as state and local taxes and state and local general sales tax deductions. Because of late Congressional action to enact tax law changes, anyone who itemizes and files a Schedule A will need to wait to file until mid- to late February to file.

  • Taxpayers claiming the Higher Education Tuition and Fees Deduction. This deduction is claimed on Form 8917. However, the IRS emphasized that there will be no delays for millions of parents and students who claim other education credits, including the American Opportunity Tax Credit and Lifetime Learning Credit.

  • Taxpayers claiming the Educator Expense Deduction. This deduction is for kindergarten through grade 12 educators with out-of-pocket classroom expenses of up to $250. The educator expense deduction is claimed on Form 1040, Line 23 and Form 1040A, Line 16. For those falling into any of these three categories, the delay affects both paper filers and electronic filers.

The IRS emphasized that e-file is the fastest, best way for those affected by the delay to get their refunds. The IRS will be working closely with the tax software industry and tax professional community to minimize delays and ensure a smooth tax season.

Updated information, including an updated copy of Schedule A and updated state and local sales tax tables, will be posted on IRS.gov. Several other forms used by relatively few taxpayers are also affected by the recent changes, and more details are available on http://www.irs.gov.

 
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    Mike Vannier
    Attorney
    Jeffers, Danielson, Sonn & Aylward, P.S.