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Recently Expired Individual Tax Provisions ("Tax Extenders"): In Brief (CRS Report for Congress)

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Release Date Revised March 30, 2018
Report Number R44925
Report Type Report
Authors Molly F. Sherlock, Coordinator; Mark P. Keightley; Jane G. Gravelle; Sean Lowry; Grant A. Driessen
Source Agency Congressional Research Service
Older Revisions
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Summary:

Thirty-four temporary tax provisions expired at the end of 2016. Four of these provisions are individual income tax provisions. In the past, Congress has regularly acted to extend expired or expiring temporary tax provisions. Collectively, these temporary tax provisions are often referred to as “tax extenders.” Most recently, in December 2015, Congress addressed tax extenders in the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), enacted as Division Q of the Consolidated Appropriations Act, 2016 (P.L. 114-113). Three of the four individual income tax provisions that expired at the end of 2016 were extended in the PATH Act. The provisions that were extended in the PATH Act were extended for two years, retroactive for 2015 and through 2016. These include the:  Tax Exclusion for Canceled Mortgage Debt;  Mortgage Insurance Premium Deductibility; and  Above-the-Line Deduction for Qualified Tuition and Related Expenses. Brief background information on these provisions is provided in this report. The other individual income tax provision that expired at the end of 2016, expired for the first time in that year, and thus has not been a part of previous tax extender legislation. This is the:  Medical Expense Deduction Adjusted Gross Income (AGI) Floor of 7.5% for Individuals Age 65 and Over. Options related to expired tax provisions in the 115th Congress include (1) extending all or some of the provisions that expired at the end of 2016 or (2) allowing expired provisions to remain expired. If temporary tax provisions that expired at the end of 2016 are extended, retroactive extensions may be considered so that tax incentives and provisions are available in 2017. In the past, retroactive extensions have been common for expired temporary tax provisions. This report provides background information on individual income tax provisions that expired in 2016. For information on other tax provisions that expired at the end of 2016, see CRS Report R44677, Tax Provisions that Expired in 2016 (“Tax Extenders”), by Molly F. Sherlock.