Tax laws rules and regulation are not set in stones

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Introduction

Tax laws rules and regulations change mostly every year and people in the business need to keep up with the fast pace of those changes. Usually, when congress wants to set a rule, they start by issuing it for a limited set of time. The latest try out of congress is section 164 (b) (5), which gives taxpayers who elect to itemized their deductions an option to take their state and local general sales taxes, in lieu of state and local income taxes. As the law is expiring in December 2005, congress needs to decide whether the law should be extended or not. The purpose of this paper is to present an argument against extending section 164 (b) (5).  

Whose entitle to explore that option?

Proponents of extending section 164 (b) (5) contends that this is a benefit for taxpayers because they have an option to take what benefit them the most: state and local general sales tax deduction or take their state and local income tax deduction.  We on the other hand, opponents of extending it, believe that even though it looks like a benefit, we should also take into account whether or not taxpayers is going to take advantage of this so called “choice”.  As pointed out earlier, only people who are taking an itemized deduction could be entitled to choose among state and general sales taxes or state and local income taxes, which means that people who elect to use the standard deduction will not going to be affected by that law. In 2002, out of 130 million tax filers only 46 million chose to itemize their deduction that means in the 2002 tax year 84 millions taxpayers took the standard deduction (foot point needed). To elaborate, only about 33% of taxpayers will be able to explore that option and this percentage will further diminishes as we will explain later in the paper.

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Keeping all receipt, who does that?

    Out of the 33 % taxpayers who elect to itemize most of them need to keep their receipts in other to benefit from that law. This new optional sales tax deduction certainly affects a taxpayer’s year-end planning and may pose a challenge for some taxpayers who failed to retain receipts for many of their prior 2004 and 2005 purchases. The IRS will allow taxpayers to bypass standard deduction and calculate the total themselves. Conversely, computing your sales tax is a bit more complicated. If you saved all your receipts and can ...

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