ListMoto - Tax Reform Act Of 1986

--- Advertisement ---

(i) (i) (i)

The U.S. Congress passed the Tax Reform Act of 1986
Tax Reform Act of 1986
(TRA) (Pub.L. 99–514, 100 Stat. 2085, enacted October 22, 1986) to simplify the income tax code, broaden the tax base and eliminate many tax shelters. Referred to as the second of the two "Reagan tax cuts" (the Economic Recovery Tax Act of 1981 being the first), the bill was also officially sponsored by Democrats, Richard Gephardt of Missouri in the House of Representatives and Bill Bradley of New Jersey
New Jersey
in the Senate. The Tax Reform Act of 1986
Tax Reform Act of 1986
was given impetus by a detailed tax-simplification proposal from President Reagan's Treasury Department, and was designed to be tax-revenue neutral because Reagan stated that he would veto any bill that was not. Revenue neutrality was achieved by offsetting tax cuts for individuals by eliminating $60 billion annually in tax loopholes and shifting $24 billion of the tax burden from individuals to corporations by eliminating the investment tax credit, slowing depreciation of assets, and enacting a stiff alternative minimum tax on corporations.[1][2]


1 Income tax
Income tax
rates 2 Tax incentives 3 Fraudulent dependents 4 Changes to the AMT 5 Passive losses and tax shelters 6 Tax treatment of technical service firms employing certain professionals 7 Name of the Internal Revenue Code 8 References 9 External links

Income tax
Income tax
rates[edit] The top tax rate for individuals for tax year 1987 was lowered from 50% to 38.5%.[3] Many lower level tax brackets were consolidated, and the upper income level of the bottom rate (married filing jointly) was increased from $5,720/year to $29,750/year. This package ultimately consolidated tax brackets from fifteen levels of income to four levels of income.[4] The standard deduction, personal exemption, and earned income credit were also expanded, resulting in the removal of six million poor Americans from the income tax roll and a reduction of income tax liability across all income levels.[5][6] The higher standard deduction substantially simplified the preparation of tax returns for many individuals.[2] For tax year 1987, the Act provided a graduated rate structure of 11%/15%/28%/35%/38.5%. Beginning with tax year 1988, the Act provided a nominal rate structure of 15%/28%/33%. However, beginning with 1988, taxpayers having taxable income higher than a certain level were taxed at an effective rate of about 28%.[7] This was jettisoned in the Omnibus Budget Reconciliation Act of 1990, otherwise known as the "Bush tax increase", which violated his Taxpayer Protection Pledge. Tax incentives[edit] The Act also increased incentives favoring investment in owner-occupied housing relative to rental housing by increasing the Home Mortgage Interest Deduction. The imputed income an owner receives from an investment in owner-occupied housing has always escaped taxation, much like the imputed (estimated) income someone receives from doing his own cooking instead of hiring a chef, but the Act changed the treatment of imputed rent, local property taxes, and mortgage interest payments to favor homeownership, while phasing out many investment incentives for rental housing. To the extent that low-income people may be more likely to live in rental housing than in owner-occupied housing, this provision of the Act could have had the tendency to decrease the new supply of housing accessible to low-income people. The Low-Income Housing Tax Credit was added to the Act to provide some balance and encourage investment in multifamily housing for the poor. Moreover, interest on consumer loans such as credit card debt was no longer deductible. An existing provision in the tax code, called Income Averaging, which reduced taxes for those only recently making a much higher salary than before, was eliminated (although later partially reinstated, for farmers in 1997 and for fishermen in 2004). The Act, however, increased the personal exemption and standard deduction. The Individual Retirement Account (IRA) deduction was severely restricted. The IRA had been created as part of the Employee Retirement Income Security Act of 1974, where employees not covered by a pension plan could contribute the lesser of $1500 or 15% of earned income.[8] The Economic Recovery Tax Act of 1981 (ERTA) removed the pension plan clause and raised the contribution limit to the lesser of $2000 or 100% of earned income. The 1986 Tax Reform Act retained the $2000 contribution limit, but restricted the deductibility for households that have pension plan coverage and have moderate to high incomes. Non-deductible contributions were allowed. Depreciation
deductions were also curtailed. Prior to ERTA, depreciation was based on "useful life" calculations provided by the Treasury Department. ERTA set up the "accelerated cost recovery system," or ACRS. This set up a series of useful lives based on 3 years for technical equipment, 5 years for non-technical office equipment, 10 years for industrial equipment, and 15 years for real property. TRA86 lengthened these lives, and lengthened them further for taxpayers covered by the alternative minimum tax (AMT). These latter, longer lives approximate "economic depreciation," a concept economists have used to determine the actual life of an asset relative to its economic value. Defined contribution (DC) pension contributions were curtailed. The law prior to TRA86 was that DC pension limits were the lesser of 25% of compensation or $30,000. This could be accomplished by any combination of elective deferrals and profit sharing contributions. TRA86 introduced an elective deferral limit of $7000, indexed to inflation. Since the profit sharing percentage must be uniform for all employees, this had the intended result of making more equitable contributions to 401(k)'s and other types of DC pension plans. Fraudulent dependents[edit] The Act required people claiming children as dependents on their tax returns to obtain and list a Social Security number for every claimed child, to verify the child's existence. Before this act, parents claiming tax deductions were on the honor system not to lie about the number of children they supported. The requirement was phased in, and initially Social Security numbers were required only for children over the age of 5. During the first year, this anti-fraud change resulted in seven million fewer dependents being claimed, nearly all of which are believed to have involved either children that never existed, or tax deductions improperly claimed by non-custodial parents.[9] Changes to the AMT[edit] The original Alternative Minimum Tax targeted tax shelters used by a few wealthy households. However, the Tax Reform Act of 1986
Tax Reform Act of 1986
greatly expanded the AMT to aim at a different set of deductions that most Americans receive. Things like the personal exemption, state and local taxes, the standard deduction, private activity bond interest, certain expenses like union dues and even some medical costs for the seriously ill could now trigger the AMT. In 2007, the New York Times reported, "A law for untaxed rich investors was refocused on families who own their homes in high tax states."[10] Passive losses and tax shelters[edit] By enacting 26 U.S.C. § 469 (relating to limitations on deductions for passive activity losses and limitations on passive activity credits) to remove many tax shelters, especially for real estate investments, the Act significantly decreased the value of many such investments which had been held in large part for their tax-advantaged status, as opposed to the non-tax aspects of their profitability. The enactment of section 469 may have contributed to the end of the real estate boom of the early-to-mid 1980s, as well as to the savings and loan crisis. Prior to 1986, much real estate investment was done by passive investors. It was common for syndicates of investors to pool their resources to invest in commercial or residential property. Investors would then hire management companies to run the operation of the property. TRA 86 reduced the value of these investments by limiting the extent to which losses associated with them could be deducted from the investor's gross income. This value reduction, in turn, encouraged the holders of loss-generating properties to try to sell them, which contributed further to the problem of sinking real estate values. Mortgages and similar real property loans constituted a significant portion of the asset portfolios of savings and loan associations. Significant declines in the market value of real properties resulted in the erosion of the value of these institutions' major assets. Some economists consider the net long-term effect of eliminating tax shelters and other distortions to be positive for the economy, by redirecting money to productive investments. To help less-affluent landlords, TRA86 gave a $25,000 net rental loss deduction, provided that the home was not personally used for the greater of 14 days or 10% of rental days, and adjusted gross income was less than $100,000 (pro-rated phase-out through $150,000). Tax treatment of technical service firms employing certain professionals[edit] The Internal Revenue Code does not contain any definition or rules dealing with the issue of when a worker should be characterized for tax purposes as an employee, rather than as an independent contractor. The tax treatment depends on the application of (20) factors provided by common law, which varies by state. Introduced by Senator Daniel Patrick Moynihan, Section 1706 added a subsection (d) to Section 530 of the Revenue Act of 1978, which removed "safe harbor" exception for independent contractor classification (which at the time avoided payroll taxes) for workers such as engineers, designers, drafters, computer professionals, and "similarly skilled" workers. If the IRS determines that a third-party intermediary firm's worker previously treated as self-employed should have been classified as an employee, the IRS assesses substantial back taxes, penalties and interest on that third-party intermediary company, though not directly against the worker or the end client.[11] It does not apply to individuals directly contracted to clients.[12] The change in the tax code was expected to offset tax revenue losses of other legislation Moynihan proposed that changed the law on foreign taxes of Americans working abroad.[13] At least one firm simply adapted its business model to the new regulations.[14] A 1991 Treasury Department study found that tax compliance for technology professionals was among the highest of all self-employed workers and that Section 1706 would raise no additional tax revenue and could possibly result in losses as self-employed workers did not receive as many tax-free benefits as employees.[15] In one report in 2010, Moynihan's initiative was labeled "a favor to IBM."[16] A suicide note by software professional Joseph Stack, who flew his airplane into a building housing IRS offices in February 2010, blamed his problems on many factors, including the Section 1706 change in the tax law while even mentioning Senator Moynihan by name, though no intermediary firm is mentioned, and failure to file a return was admitted.[17] Name of the Internal Revenue Code[edit] Section 2(a) of the Act also officially changed the name of the Internal Revenue Code from the Internal Revenue Code of 1954 to the Internal Revenue Code of 1986. Although the Act made numerous amendments to the 1954 Code, it was not a re-enactment or a substantial re-codification or reorganization of the overall structure of the 1954 Code. Thus, the tax laws since 1954 (including those after 1986) have taken the form of amendments to the 1954 Code, although it is now called the 1986 Code. References[edit]

^ Birnbaum, Jeffrey H.; Murray, Alan S. (1988). Showdown at Gucci Gulch : Lawmakers, Lobbyists, and the Unlikely Triumph of Tax Reform (1st ed.). New York: Vintage Books. p. 288. ISBN 978-0394758114.  ^ a b Longley, Kyle; Mayer, Jeremy D.; Schaller, Michael; Sloan, John W. (2007). Deconstructing Reagan: Conservative Mythology and America's Fortieth President. Armonk, N.Y.: M.E. Sharpe. p. 49. ISBN 978-0-7656-1590-9.  ^ Tax Rate Schedules, page 47, Instructions for 1987 Form 1040, Internal Revenue Service, U.S. Dep't of the Treasury. ^ "Federal Individual Income Tax Rates History" (PDF). TaxFoundation.org. 1913–2009. Retrieved 2009-03-06.  ^ Brownlee, Elliot; Graham, Hugh Davis (2003). The Reagan Presidency: Pragmatic Conservatism & Its Legacies. Lawrence, Kansas: University of Kansas Press. pp. 172–173.  ^ Steuerle, C. Eugene (1992). The Tax Decade: How Taxes Came to Dominate the Public Agenda. Washington D.C.: The Urban Institute Press. p. 122. ISBN 0-87766-523-0.  ^ Tax Rate Schedules, page 51, Instructions for 1988 Form 1040, Internal Revenue Service, U.S. Dep't of the Treasury. ^ Graney, Paul J. (2004). Retirement Savings Plans. Nova Publishers. p. 45. ISBN 159033907X.  ^ Jeffrey B. Liebman (December 2000). "Who Are the Ineligible EITC Recipients?". National Tax Journal. 53: 1165–1186.  ^ Hulse, Carl; Lee, Suevon (2007). "Alternative Minimum Tax". The New York Times. Retrieved 2008-05-16.  ^ "Internal Revenue Manual - 4.23.5 Technical Guidelines for Employment Tax Issues". irs.gov. Retrieved 2014-06-13.  ^ "IRS Rev. Rul. 87-41". web.archive.org. Archived from the original on 2001-07-31. Retrieved 2014-06-13.  ^ "New Tax Law threatens high-tech consultants" by Karla Jennings, The New York Times, February 22, 1987. Retrieved 2010-06-17. ^ Andrew Davis, Synergistech Communications. Laws affecting Brokered Independent Contractors' tax status. 2007-03. URL:http://www.synergistech.com/ic-taxlaw.shtml. 2010-08-22. (Archived by WebCite at https://www.webcitation.org/5sBKtV48u) ^ "Taxation of technical services personnel : section 1706 of the Tax Reform Act of 1986 : a report to the Congress". archive.org. Retrieved 2014-06-13.  ^ "Tax Law Was Cited in Software Engineer’s Suicide Note" by David Kay Johnston, The New York Times, February 18, 2010. Retrieved 2010-06-17. ^ "WebCite query result". webcitation.org. Archived from the original on February 18, 2010. Retrieved 2014-06-13. CS1 maint: Unfit url (link)

External links[edit]

Campaign 2000 Information Page, Citizens for Tax Justice "scorecard." Showdown at Gucci Gulch: Lawmakers, Lobbyists and the Unlikely Triumph of Tax Reform (1987), by Jeffrey Birnbaum and Alan Murray, is a book about the bill's passage. Full text of the Act Apps, P. F. (2010, June). Why the Henry Review Fails on Family Tax Reform. In Australia’s Future Tax System: A Post-Henry Review'Conference, Sydney.

v t e

Tax Acts of the United States

Internal Revenue

1861 1862 1864 1913 1916 1917 1918 1921 1924 1926 1928 1932 1934 1935 1936 1940 1940 (2nd) 1941 1942 1943 1943 1944 1945 1948 1950 1950 1951 1954 1954 Code 1962 1964 1968 1969 1971 1975 1976 1977 1978 1981 1982 Gas Tax 1984 COBRA 1986 1986 Code 1990 1993 1996 1997 1998 2001 2002 2003 2004 2005 2006 2008 Crisis 2009 2010 2012


1789: Hamilton I 1790: Hamilton II 1792: Hamilton III 1816: Dallas 1824: Sectional 1828: "Abominations" 1832 1833: Compromise 1842: Black 1846: Walker 1857 1861: Morrill 1872 1875 1883: Mongrel 1890: McKinley 1894: Wilson–Gorman 1897: Dingley 1909: Payne–Aldrich 1913: Underwood 1921: Emergency 1922: Fordney–McCumber 1930: Smoot–Hawley 1934: Reciprocal 1948: GATT 1962 1974/75 1979 1984 1988 1988: Canada FT 1993: NAFTA 1994: WTO 2002: Steel

v t e

Ronald Reagan

40th President of the United States
President of the United States
(1981–1989) 33rd Governor of California
Governor of California

Life and politics

Birthplace Pitney Store Boyhood home Rancho del Cielo Filmography Presidential Library Death and state funeral Political positions Governship of California Namesakes and memorials


First inauguration Second inauguration Domestic policy Economic policy Economic Recovery Tax Act of 1981 Tax Reform Act of 1986 Assassination attempt Strategic Defense Initiative Foreign policy Reagan Doctrine Cold War

1st term 2nd term

1985 Geneva Summit 1986 Reykjavík Summit

INF Treaty

1987 Washington Summit 1988 Moscow Summit Invasion of Grenada Iran–Contra affair International trips Resolute desk The Grace Commission Cabinet Federal judicial appointments

Supreme Court controversies

Administration scandals "We begin bombing in five minutes"


Ronald Reagan
Ronald Reagan
Speaks Out Against Socialized Medicine "A Time for Choosing" Reagan's Neshoba County Fair "states' rights" speech First inaugural address "Ash heap of history" "Evil empire" "Tear down this wall!" State of the Union: 1982 1983 1984 1985 1986 1987 1988


Where's the Rest of Me? (1965 autobiography) (with Richard G. Hubler) An American Life (1990 autobiography) (with Robert Lindsey) The Reagan Diaries (2007) (edited by Douglas Brinkley)


California gubernatorial election, 1966 1970 Republican Party presidential primaries, 1968 1976 1980 1984 Republican National Convention 1968 1976 1980 1984 Ronald Reagan
Ronald Reagan
presidential campaign, 1980

"There you go again" "Make America Great Again"

United States presidential election, 1976 1980 1984

"Morning in America" "Bear in the woods"

Popular culture

In fiction In music U.S. Postage stamps The Day Reagan Was Shot (2001 film) The Reagans
The Reagans
(2003 film) Reagan (2011 documentary) The Butler (2013 film) Killing Reagan (2016 film) "What would Reagan do?"


Jack Reagan (father) Nelle Wilson Reagan (mother) Neil Reagan (brother) Jane Wyman
Jane Wyman
(first wife) Nancy Reagan
Nancy Reagan
(second wife) Maureen Reagan (daughter) Michael Reagan (adopted son) Patti Davis (daughter) Ron Reagan
Ron Reagan
(son) Rex (dog)

← Jimmy Carter George H. W. Bush

Book Category

Retrieved from "https://en.wikipedia.org/w/index.php?title=Tax_Reform_Act_of_1986&oldid=794854352" Categories: United States federal taxation legislation1986 in lawPresidency of Ronald Reagan1986 in economicsUnited States statutes that abrogate Supreme Court decisionsHidden categories: CS1 maint: Unfit url

Navigation menu

Personal tools

Not logged inTalkContributionsCreate accountLog in


Article Talk



Read Edit View history




Main pageContentsFeatured contentCurrent eventsRandom articleDonate tostore


HelpAboutCommunity portalRecent changesContact page


What links hereRelated changesUpload file Special
pagesPermanent linkPage informationWikidata itemCite this page


Create a bookDownload as PDFPrintable version


Simple English Edit links

This page was last edited on 10 August 2017, at 12:30. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy.® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.

Privacy policy About Disclaimers Contact Developers Cookie statement Mobile view

(window.RLQ=window.RLQ[]).push(function(){mw.config.set({"wgPageParseReport":{"limitreport":{"cputime":"0.244","walltime":"0.308","ppvisitednodes":{"value":1628,"limit":1000000},"ppgeneratednodes":{"value":0,"limit":1500000},"postexpandincludesize":{"value":83240,"limit":2097152},"templateargumentsize":{"value":2830,"limit":2097152},"expansiondepth":{"value":12,"limit":40},"expensivefunctioncount":{"value":0,"limit":500},"entityaccesscount":{"value":0,"limit":400},"timingprofile":["100.00% 236.539 1 -total"," 40.66% 96.184 1 Template:Reflist"," 39.40% 93.192 1 Template:Infobox_U.S._legislation"," 20.65% 48.838 1 Template:Infobox"," 19.77% 46.772 5 Template:Cite_book"," 14.08% 33.307 1 Template:Tfm/dated"," 9.24% 21.856 2 Template:Navbox"," 7.62% 18.017 5 Template:Cite_web"," 7.13% 16.862 1 Template:Ronald_Reagan"," 5.09% 12.045