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  #16  
Old 05-29-2008, 10:04 PM
Barry Margolin
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Posts: n/a
Default Re: When do tax laws become "final"?

In article
<0c001bcd-ede8-4159-960e-e5ff09cf5510[at]m44g2000hsc.googlegroups.com> ,
"rick++" <rick303[at]hotmail.com> wrote:

- quote -

> On May 28, 10:50 am, "Ted" <T...[at]yahoo.org> wrote:
> > At what point can one reasonably assume the tax laws (regulations? codes?)
> > are final for 2008?

> In 2001 the rebate law was RETROACTIVE, passed later in the year to
> take effect for the whole year. Fortuneately it is was a lowering of
> a low-end bracket and didnt cost additional tax.


If Congress makes a change after you file your tax return, are you
required to file an amended return if it affects you? I'm guessing it
would only be required if it increases your tax.

--
Barry Margolin, barmar[at]alum.mit.edu
Arlington, MA
*** PLEASE don't copy me on replies, I'll read them in the group ***

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #15  
Old 05-29-2008, 07:24 PM
s_pickle2001@yahoo.com
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

On May 29, 4:29*am, AES <sieg...[at]stanford.edu> wrote:
- quote -

> In article <nRf%j.8499$wc4....[at]fe117.usenetserver.com> ,
> *"Ted" <T...[at]yahoo.org> wrote:
> > At what point can one reasonably assume the tax laws (regulations? codes?)
> > are final for 2008?
> > December 31, 2007?
> > December 31, 2008?
> > April 15, 2009?
> > or some other date?

> Have never understood how it could (or should) be anything other than
> the first of these, given the phrase in Article I, Section 9, of the
> Constitution, which proves that: "No . . . *ex post facto Law will be
> passed."
> Without being quite as fervent as James Madison, Federalist Number 44,
> 1788:
> "Šex post facto laws Š are contrary to the first principles of the
> social compact, and to every principle of sound legislation. ... sudden
> changes and legislative interferences Š become jobs [i.e., tools, or
> tactics?] in the hands of enterprising and influential speculators, and
> snares to the more-industrious and less-informed part of the
> community."*
> it just seems to me that one should be able to make good faith financial
> decisions -- at least for the duration of a given year -- based on the
> tax laws relevant to those decisions _at the time they are made_.



When you are buying a house, you don't know how much property tax you
will have to pay in 5 years time.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #14  
Old 05-29-2008, 07:23 PM
rick++
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

On May 28, 10:50 am, "Ted" <T...[at]yahoo.org> wrote:
- quote -

> At what point can one reasonably assume the tax laws (regulations? codes?)
> are final for 2008?


In 2001 the rebate law was RETROACTIVE, passed later in the year to
take effect for the whole year. Fortuneately it is was a lowering of
a low-end bracket and didnt cost additional tax.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #13  
Old 05-29-2008, 02:55 PM
Stuart Bronstein
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Posts: n/a
Default Re: When do tax laws become "final"?

AES <siegman[at]stanford.edu> wrote:

- quote -

> Have never understood how it could (or should) be anything other
> than the first of these, given the phrase in Article I, Section 9,
> of the Constitution, which proves that: "No . . . ex post facto
> Law will be passed."


The restriction against "ex post facto law" has generally been held to
apply only to criminal laws. Such laws change the status of facts and
relationships or the consequences of acts retroactively.

Otherwise courts uphold retroactive laws all the time. One of my
favorite cases is one in which the California Supreme Court held a
statute was retroactive.

The statute in question stated that any contract clause entitling one
party to attorneys fees in case of dispute would apply to all parties
to the contract. It also said, "The provisions of this statute cannot
be waived in any contract entered into after the effective date
hereof."

The court said that the statute clearly meant that the effect of the
statute could be waived in contracts entered into before the effective
date of the statute. But no such waiver would have been necessary if
the statute weren't retroactive. So the legislature must have meant it
to be retroactive.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #12  
Old 05-29-2008, 02:49 PM
Drew Edmundson
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Posts: n/a
Default Re: When do tax laws become "final"?

On Wed, 28 May 2008 16:47:06 EDT, "Paul Thomas, CPA"
<paulthomascpapc[at]bellsouth.net> wrote:

- quote -

> "Ted" <Ted[at]yahoo.org> wrote
> > "Kurt Ullman" <kurtullman[at]yahoo.com> wrote in message
> > news:kurtullman-996BAB.14512728052008[at]70-3-168-216.area5.spcsdns.net...
> > > In article <Xns9AAC7750FA2EFavocatstuyahoofr[at]130.133.1.4> ,
> > > Stuart Bronstein <spamtrap[at]lexregia.com> wrote:
> > > > > > Congress can pass a law that takes effect any time they want it to.
> > > > Normally there is a lead time before it goes into effect, but they can
> > > > have make it effective immediately.
> > > > > > Or even retroactively.
> > > > So there is no safe time to know the tax laws are final... okay.

> > Generally speaking, about when in the year are they "usually"
> > "essentially" final for that year.

> For sure by December 31st.........not sure what year though. Pretty sure
> we're set on the 2007 return year laws.


How soon we forget Bush's March 2002 tax law known as the
Job Creation and Worker Assistance Act of 2002 that changed
some 2001 tax laws in response to 9/11. Or Clinton's 1993
tax law that retroactively changed the law for dead people.

There are often technical corrections that are passed years
after the original error was made. For example in the JCWAA
of 2002 (see above) there was a correction that was
retroactive to tax years beginning after 12/31/1983. Yes
1983. The correction was to the advanced payment of EITC.

--
Drew Edmundson, CPA
Cary, NC

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #11  
Old 05-29-2008, 03:38 AM
Kurt Ullman
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

In article <barmar-528E82.21112328052008[at]newsgroups.comcast.net> ,
Barry Margolin <barmar[at]alum.mit.edu> wrote:

- quote -

> But remember that the economic stimulus package, which approved the tax
> rebates this year, wasn't passed until February.


Yeah, but that is, if I understood the semi-byzantine law, deals
with 2008's taxes. It is just that 2007 taxes had to be filed to get it.
There were no changes in a past year's law.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #10  
Old 05-29-2008, 03:29 AM
AES
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

In article <nRf%j.8499$wc4.968[at]fe117.usenetserver.com> ,
"Ted" <Ted[at]yahoo.org> wrote:

- quote -

> At what point can one reasonably assume the tax laws (regulations? codes?)
> are final for 2008?
> December 31, 2007?
> December 31, 2008?
> April 15, 2009?
> or some other date?


Have never understood how it could (or should) be anything other than
the first of these, given the phrase in Article I, Section 9, of the
Constitution, which proves that: "No . . . ex post facto Law will be
passed."

Without being quite as fervent as James Madison, Federalist Number 44,
1788:

"Šex post facto laws Š are contrary to the first principles of the
social compact, and to every principle of sound legislation. ... sudden
changes and legislative interferences Š become jobs [i.e., tools, or
tactics?] in the hands of enterprising and influential speculators, and
snares to the more-industrious and less-informed part of the
community."*

it just seems to me that one should be able to make good faith financial
decisions -- at least for the duration of a given year -- based on the
tax laws relevant to those decisions _at the time they are made_.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #9  
Old 05-29-2008, 01:11 AM
Barry Margolin
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

In article
<kurtullman-CC94D7.19042328052008[at]70-3-168-216.area5.spcsdns.net> ,
Kurt Ullman <kurtullman[at]yahoo.com> wrote:

- quote -

> In article <g1knq4$p50$1[at]snarked.org> ,
> "D. Stussy" <spam[at]bde-arc.ampr.org> wrote:
> > "Ted" <Ted[at]yahoo.org> wrote in message
> > news:nRf%j.8499$wc4.968[at]fe117.usenetserver.com...
> > > At what point can one reasonably assume the tax laws (regulations? codes?)
> > > are final for 2008?
> > > > > December 31, 2007?
> > > December 31, 2008?
> > > April 15, 2009?
> > > or some other date?
> > > When the President signs it or Congress overrides his veto - just like any

> > other federal law.

> I think that is basically his concern. Is there a drop-dead time for
> the Congress to pass it, etc.? In theory, probably 12-32-08. In real
> life, whenever Congress adjourns for Christmas, usually around 12-15 or
> so.


But remember that the economic stimulus package, which approved the tax
rebates this year, wasn't passed until February.

In most cases, if there's something still up in the air at the end of
the year, it's reasonably well known.

--
Barry Margolin, barmar[at]alum.mit.edu
Arlington, MA
*** PLEASE don't copy me on replies, I'll read them in the group ***

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #8  
Old 05-28-2008, 11:20 PM
Kurt Ullman
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

In article <g1knq4$p50$1[at]snarked.org> ,
"D. Stussy" <spam[at]bde-arc.ampr.org> wrote:

- quote -

> "Ted" <Ted[at]yahoo.org> wrote in message
> news:nRf%j.8499$wc4.968[at]fe117.usenetserver.com...
> > At what point can one reasonably assume the tax laws (regulations? codes?)
> > are final for 2008?
> > > December 31, 2007?

> > December 31, 2008?
> > April 15, 2009?
> > or some other date?

> When the President signs it or Congress overrides his veto - just like any
> other federal law.


I think that is basically his concern. Is there a drop-dead time for
the Congress to pass it, etc.? In theory, probably 12-32-08. In real
life, whenever Congress adjourns for Christmas, usually around 12-15 or
so.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #7  
Old 05-28-2008, 10:54 PM
D. Stussy
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

"Ted" <Ted[at]yahoo.org> wrote in message
news:nRf%j.8499$wc4.968[at]fe117.usenetserver.com...
- quote -

> At what point can one reasonably assume the tax laws (regulations? codes?)
> are final for 2008?
> December 31, 2007?
> December 31, 2008?
> April 15, 2009?
> or some other date?


When the President signs it or Congress overrides his veto - just like any
other federal law.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 05-28-2008, 08:47 PM
Paul Thomas, CPA
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?


"Ted" <Ted[at]yahoo.org> wrote
- quote -

> "Kurt Ullman" <kurtullman[at]yahoo.com> wrote in message
> news:kurtullman-996BAB.14512728052008[at]70-3-168-216.area5.spcsdns.net...
> > In article <Xns9AAC7750FA2EFavocatstuyahoofr[at]130.133.1.4> ,
> > Stuart Bronstein <spamtrap[at]lexregia.com> wrote:
> > > > Congress can pass a law that takes effect any time they want it to.
> > > Normally there is a lead time before it goes into effect, but they can
> > > have make it effective immediately.
> > > > Or even retroactively.

> > So there is no safe time to know the tax laws are final... okay.

> Generally speaking, about when in the year are they "usually"
> "essentially" final for that year.





For sure by December 31st.........not sure what year though. Pretty sure
we're set on the 2007 return year laws.

The bulk of the tax laws are already "final" for 2008, as there are no
whispers of changes in most tax laws. It's those things that you hear about
this fall that may get changed (the usual suspects, AMT, extenders, etc),
and some past changes have been well into the new year and they make them
retroactive to the beginning of the prior year.

If there is a specific section that you have concerns about, there are many
sources to see what legislative actions are pending in those areas. Most of
those reporting sources are pay-to-play, so it's not worth it to pay for
information you don't need, but someone here might subscribe to the updates
that concern you. Ask and you might receive some useful information on
pending legislative changes concerning topics related to you.







--
Paul A. Thomas, CPA
Athens, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 05-28-2008, 08:21 PM
Stuart Bronstein
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

"Ted" <Ted[at]yahoo.org> wrote:
- quote -

> "Kurt Ullman" <kurtullman[at]yahoo.com> wrote
> > Stuart Bronstein <spamtrap[at]lexregia.com> wrote:
> > > > Congress can pass a law that takes effect any time they want it
> > > to. Normally there is a lead time before it goes into effect,
> > > but they can have make it effective immediately.
> > > > Or even retroactively.

> > So there is no safe time to know the tax laws are final... okay.

> Generally speaking, about when in the year are they "usually"
> "essentially" final for that year.


I'd think you're be pretty safe by Christmas - of the year you are
concerned about, of course.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 05-28-2008, 08:13 PM
Ted
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?


"Kurt Ullman" <kurtullman[at]yahoo.com> wrote in message
news:kurtullman-996BAB.14512728052008[at]70-3-168-216.area5.spcsdns.net...
- quote -

> In article <Xns9AAC7750FA2EFavocatstuyahoofr[at]130.133.1.4> ,
> Stuart Bronstein <spamtrap[at]lexregia.com> wrote:
> > Congress can pass a law that takes effect any time they want it to.
> > Normally there is a lead time before it goes into effect, but they can
> > have make it effective immediately.
> > Or even retroactively.

So there is no safe time to know the tax laws are final... okay.
Generally speaking, about when in the year are they "usually" "essentially"
final for that year.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 05-28-2008, 06:54 PM
Kurt Ullman
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

In article <Xns9AAC7750FA2EFavocatstuyahoofr[at]130.133.1.4> ,
Stuart Bronstein <spamtrap[at]lexregia.com> wrote:

- quote -

> Congress can pass a law that takes effect any time they want it to.
> Normally there is a lead time before it goes into effect, but they can
> have make it effective immediately.

Or even retroactively.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 05-28-2008, 06:43 PM
Stuart Bronstein
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

"Ted" <Ted[at]yahoo.org> wrote:
- quote -

> "Phil Marti" <prm20871[at]verizon.net> wrote
> > "Ted" wrote:
> > > > At what point can one reasonably assume the tax laws
> > > (regulations? codes?) are final for 2008?
> > > It depends on the provision. It's an election year, so you're

> > pretty safe in assuming there will be no major changes.
> > > I suspect that they'll actually get things nailed down by Labor

> > Day this year so they can go home and campaign for re-election
> > based on their zeal for tax simplification.
> > Lets say they do it by Labor Day. Can they still change thing

> later?


Congress can pass a law that takes effect any time they want it to.
Normally there is a lead time before it goes into effect, but they can
have make it effective immediately.

To know when a particular law becomes effective, you have to read the
law. Once they pass it can they change it before it becomes effective?
Yes.

Stu

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 05-28-2008, 06:39 PM
Ted
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?


"Phil Marti" <prm20871[at]verizon.net> wrote in message
news:1og%j.3561$fk.2262[at]trnddc06...
- quote -

> "Ted" wrote:
> in message news:nRf%j.8499$wc4.968[at]fe117.usenetserver.com...
> > At what point can one reasonably assume the tax laws (regulations?
> > codes?) are final for 2008?

> It depends on the provision. It's an election year, so you're pretty safe
> in assuming there will be no major changes.
> AFAIK there's been no extender bill passed yet regarding the things that
> they dribble out year by year, such as sales tax deduction and educator
> expenses, and there will be the traditional hoo-haw about AMT I assume.
> I suspect that they'll actually get things nailed down by Labor Day this
> year so they can go home and campaign for re-election based on their zeal
> for tax simplification.

Lets say they do it by Labor Day. Can they still change thing later?

========================================= MODERATOR'S COMMENT:
Last year, the 2007 AMT rules weren't signed into law until late
December or early January. The Economic Stumulus Act Rebate wasn't
settled until even later in 2008, and is still changing as we speak!

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 05-28-2008, 05:13 PM
Phil Marti
Guest
 
Posts: n/a
Default Re: When do tax laws become "final"?

"Ted" wrote:

in message news:nRf%j.8499$wc4.968[at]fe117.usenetserver.com...
- quote -

> At what point can one reasonably assume the tax laws (regulations? codes?)
> are final for 2008?


It depends on the provision. It's an election year, so you're pretty safe
in assuming there will be no major changes.

AFAIK there's been no extender bill passed yet regarding the things that
they dribble out year by year, such as sales tax deduction and educator
expenses, and there will be the traditional hoo-haw about AMT I assume.

I suspect that they'll actually get things nailed down by Labor Day this
year so they can go home and campaign for re-election based on their zeal
for tax simplification.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 05-28-2008, 04:50 PM
Ted
Guest
 
Posts: n/a
Default When do tax laws become "final"?

At what point can one reasonably assume the tax laws (regulations? codes?)
are final for 2008?

December 31, 2007?
December 31, 2008?
April 15, 2009?
or some other date?

Is there a difference between "reasonably certain" and "absolutely certain"?

========================================= MODERATOR'S COMMENT:
While "never" is a bit strong, it's pretty close. Since we cannot
sit around forever, we each make assumptions about stability of the tax
code and go from there.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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