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YOUR TAXES : TAX REFORM : The Sequel : Despite the lower tax rates, some people may pay more taxes because of sharp cutbacks in deductions.

<i> Times Staff Writer </i>

Dreading the annual hassle of tackling taxes?

For many taxpayers, there is good news about 1988 taxes: They represent the lowest rates in more than 40 years. Tax returns for the year will reflect, for the first time, the full benefits of the new tax rates mandated by the Tax Reform Act of 1986.

That means a 15% rate for four out of every five taxpayers, who use the simple tax forms and can take advantage of 1988’s higher standard deductions and personal exemptions. High-income individuals face a maximum effective rate of 28%, but that is down from 38.5% a year ago.

But, despite the lower rates, some taxpayers may find themselves actually paying more in taxes than in years past. The downside of tax reform is the sharp cutbacks in deductions on interest paid on consumer debt. In another change, long-term capital gains are now counted as ordinary income and could be taxed at a higher rate than previously.

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“The amount of taxes that taxpayers will pay in 1988, in many instances, will be higher than before the 1986 tax act, even though the tax rates are lower,” explained Mark S. Granich, tax partner at the Long Beach office of Deloitte Haskins & Sells. “The reason is they are losing more in deductions than they are gaining in tax rate reductions.”

In addition, high-income taxpayers may be subject to the more restrictive and costly alternative minimum tax. Others who began receiving substantial retirement benefits in 1988 will have to make major decisions this year on receiving payouts from these nest eggs.

In figuring 1988 taxes, be aware of these major changes that determine how you compute your taxes:

Tax rates: The basic rate structure in 1988 is three-tiered, compared to five in 1987 (see chart on page 10). For example, a married couple filing jointly pays a 15% marginal rate on taxable income of up to $29,750. The rate rises to 28% on income between $29,750 and $71,900. It increases again to 33% on taxable earnings between $71,900 to $149,250.

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Confused? Remember that your effective tax rate is not the same as the marginal rates indicated by the three tax brackets of 15%, 28% and 33%. To calculate your effective tax rate--the actual percentage that you pay--divide your total taxes by your taxable income.

“The net result is that income from dollar 1 to 149,250 is at a flat 28%,” explained Robert Gowing, tax partner in charge of the Los Angeles office of Touche Ross.

Personal Exemptions: $1,950 each for taxpayer, spouse and each dependent, up from $1,900 in 1987. However, for high-income taxpayers the benefits of these exemptions are eliminated because of a 5% surcharge if taxable income exceeds $149,250 for joint returns, $123,790 for heads of households, $89,560 for single individuals and $113,300 for married individuals filing separately.

Standard Deductions: “Those taxpayers who don’t have a lot of itemized deductions will benefit from the higher standard deductions in 1988 versus 1987,” Granich said.

The deductions for 1988 are: $2,500 for each spouse of a married couple filing separately, $3,000 for single taxpayers, $4,400 for heads of households and $5,000 for married taxpayers filing jointly. Single taxpayers 65 years or older can take an additional standard deduction of $750. For married taxpayers 65 or older the deduction is $600 each.

Itemized (Schedule A) Deductions: An alternative to using the simple standard deductions is to use itemized individual deductions allowed by the IRS. Among the changes in 1988 requirements are:

- Personal interest paid on consumer loans, such as credit cards and car loans, is now only 40% deductible, down from 65% in 1987. The deduction will drop to 20% in 1989.

- The deduction for mileage is 24 cents a mile in 1988, up from 22.5 cents the year before.

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- State and local income taxes, real estate and certain personal property taxes are deductible, but sales taxes have not been deductible since 1986.

- Trade or business interest is fully deductible.

- Deductions for medical and dental expenses, personal casualty and theft losses, charitable gifts and miscellaneous items remain unchanged at 1987 levels, when they were dramatically cut back. Deductions for investment interest and passive activities interest are also unchanged. There also have been no changes in children’s taxes, estate taxes or individual retirement accounts.

- Under a 1987 change in the Tax Reform Act, interest deductions on mortgages or loans secured by personal residences are now limited to loans of $1 million on first and second homes. Gowing explained, “For people who already had mortgages (of more than $1 million) in place before Oct. 13, 1987, the interest on the full amount is still deductible.” Interest on any mortgage after that date is subject to the new rule. “It is the government’s insidious attempt to chip away and broaden the (tax) base and to get at the wealthy taxpayers,” he said. Under the new rules, interest is deductible on home equity loans of up to $100,000.

Alternative Minimum Tax: The alternative minimum tax was created so high-income taxpayers did not escape paying their share of taxes by taking unfair advantage of the new laws.

The alternative minimum tax calculation starts with federal taxable income but eliminates certain deductions that are allowed for conventional tax calculation. The major disallowances are state income taxes and real estate taxes, passive losses from limited partnerships and rental real estate activities, deductions for interest paid on consumer debt and miscellaneous itemized deductions.

Although the alternative minimum tax rate of 21% is lower than the regular rate of 28%, eliminating the deductions can make the alternative minimum taxable income so much higher that effective tax cost is higher.

“We are going to find many more players subject to the minimum tax,” said George H. McCrimlisk, tax partner at the downtown office of KPMG Peat Marwick.

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Grandfather Election: Taxpayers, who as of Aug. 1, 1986, had accrued benefits in all of the qualified retirement plans--corporate, individual retirement accounts, Keoghs and tax sheltered annuities--of more than $562,500 face a major decision on taking the so-called “grandfather election.”

Under the tax reform act, any accrued benefits over that amount are subject to a 15% excise tax upon distribution. A taxpayer, however, may avoid the excise tax if he or she elects to roll over those benefits into an IRA and draw on them subject to an annual limitation defined by the IRS.

Miscellaneous Changes: The IRS no longer grants automatic filing extensions if a person is temporarily out of the country when taxes are due. This year’s deadline is April 17 because the normal April 15 date falls on a Saturday. An individual must be posted overseas and must file for an extension and pay estimated taxes by the due date.

In 1987, the government waived any penalties for those taxpayers who did not list a Social Security number for any child or dependent over age 5. In 1988, it will assess a $5 fee per child or dependent when a Social Security number is not listed.

TAX RATES

Under tax reform, you do not pay a flat rate on your entire taxable income. Instead, new tax rates mean that you pay 15% on the first portion of your income, 28% on the next and 33% on the next; then the rate drops back to 28%. The income cutoffs for these portions vary according to your filing status and exemptions. In addition, high-income individuals whose tax rate drops back to 28% pay a surcharge that eliminates the benefit of a personal exemption. The chart below shows the income cutoff levels for various filing statuses.

Brackets: 15%,28%,33%,28%

Tax bracket:15% Single: $17,850 Head of household: $23,900 Married, filing jointly: $29,750 Married, filing separately: $14,875 Tax bracket:28% Single: $43,15 0 Head of household: $61,650 Married, filing jointly: $71,900 Married, filing separately: $35,950 Tax Bracket:33% Single: $89,560 Head of household: $123,790 Married, filing jointly: $149,250 Married, filing separately: $113,300 Tax Bracket:28% (For income above 33% bracket) Single: Above $89,560 Head of household: Above $123,790 Married, filing jointly: Above $149,250 Married, filing separately: Above $113,300


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