Unresolved Tax Questions Worry Taxpayers

A host of tax cuts and tax credits face an uncertain future.

ByABC News
October 22, 2010, 1:13 PM

Oct. 25 — -- Predicting your annual federal tax bill is rarely anyone's idea of a good time. But now the process has been made all the more confounding, thanks to a host of questions over what the tax code will look like in 2011.

If Congress doesn't take action soon on an array of tax cuts and tax credits set to expire this year, "it's going to create a whole lot of confusion," said David McPherson, the founder of Four Ponds Financial Planning in Falmouth, Mass., and an ABC News columnist. "Although we would like to see some clarity on these tax issues before end of year, there's no guarantee that there will be."

Here's rundown of some of the key tax issues that have tax planners and taxpayers wishing for a crystal ball:

Bush-Era Income Tax Cuts: It's the most high-profile tax question of the year: What is the fate of the tax cuts passed under the Bush administration?

The cuts affected everyone from the poorest Americans to the richest, and now Congress must decide whether renew all, some or none of the cuts. If the cuts expire, the lowest marginal rate will rise from 10 percent to 15 percent -- a married couple earning $16,000 per year, for instance, could end up owing $2,400 in taxes instead of $1,600 -- while the highest marginal tax rate paid by the wealthiest Americans will increase from 35 to 39.6 percent. The marginal rates in between the two extremes could also see increases of two to three percentage points.

Some have argued that only individuals earning less than $200,000 and families earning less than $250,000 should see their rate cuts extended, while others maintain that Congress should renew all the cuts.

If lawmakers do nothing, all Americans will see their income tax rates rise in 2011, said Melissa Labant, a technical manager in the tax division of the American Institute of Certified Public Accountants

"I would expect them to do something," Labant said. " It's such a hot topic for everyone."

Child Tax Credit: The Bush adminstration's tax cuts of 2001 also included a gradual increase of the child tax credit from $500 to $1,000 this year. Without lawmakers' intervention, the credit is scheduled to drop back to $500.

Making Work Pay Tax Credit: Passed under the current adminsitration and instituted in 2009 and 2010, the Making Work Pay tax credit provided up to $400 to individuals and $800 to married couples. Touted as part of the government's efforts to fight the recession, the credit is not expected to be renewed in 2011.

Marriage Penalty: Before the Bush tax cuts, married couples filing jointly paid more in taxes than unmarried couples earning the same incomes, leading to the phrase "marriage penalty."

The Bush tax cuts, Labant said, raised the standard deduction for married couples to twice that of single filers. It also expanded the 15 percent tax bracket for married couples so that less of their money would be subject to the next, higher tax rate (25 percent in 2010.) The deduction and the tax bracket could both shrink in 2011.

Capital Gains: Currently set at 10 percent, the maximum long-term capital gains tax will increase to 15 percent next year if Congress doesn't renew a tax cut also passed during the Bush administration. Those in the lowest tax brackets will see their capital gains rate increase from 0 to 10 percent.