Tax bill: California unveils plan to skirt Trump's SALT deduction cap

Tax bill: California unveils plan to skirt Trump's SALT deduction cap

According to The Mercury News, UCLA law professor Kirk Stark is advising lawmakers on the matter and notes that California already offers a similar deal in which donors to conservation easements or private school vouchers receive a state tax credit and a federal tax deduction for the contribution.

Senate leader Kevin de León on Thursday introduced legislation to allow Californians to make a charitable donation to the state - to the California Excellence Fund - in exchange for a dollar-for-dollar state tax credit.

But California would not be the only state to provide deductions for donations to higher education, even where funded by state coffers. The Golden State's "per-filer" average SALT deduction is a middle-class $12,682.

"This tax provision hits the blue states by eliminating the state and local tax deductibility and uses that money to finance the tax cut in the red states", said New York State Gov. Andrew Cuomo on CNN's "New Day".

In Bergen County, N.J., where Gottheimer and Murphy made their announcement, IRS data shows the average claimed for state and local taxes in 2015 was $28,257, or almost three times the limit allowed under the new federal law.

Because states are not registered as charities, their tax codes would have to be modified for them to be considered charitable organizations, said Joseph Callahan, a lawyer with Mackay, Caswell & Callahan in NY.

California's attempt to skirt the GOP's new $10,000 cap on local and state tax deductions is officially in play.

It is not clear that California's gambit would pass the test - but Democrats may try.

A new proposal in California would allow residents to make donations instead of paying taxes in order to avoid the new federal tax plan's cap on deductions of state taxes.

A basic way it might work is this: Say you pay $30,000 in state income and property taxes in 2018.

De León's bill is one of several efforts that elected officials in high-tax states are taking to mitigate possible federal tax increases facing their residents.

Taxpayers will then be able to deduct their contribution to the Fund from their federal taxes, as they have historically done with their state tax payments.

The federal Tax Cuts and Jobs Act of 2017 was signed into law by President Donald Trump on December 22, and Chris Smith, a CPA with CB Smith and Associates, said the majority of Forsyth County would pay a lower amount in taxes in 2018. Combined with new limits on the mortgage interest deduction, the $10,000 cap on state and local deductions was expected to generate an additional $668 billion over the next 10 years, according to the Joint Committee on taxation. For most states and taxpayers, this doesn't matter-some states don't have income taxes, for example.

In fact, about a third of Californians claim around $18,000 a year.

As recently as October 2011, the IRS chief counsel reviewed a Missouri law that provided a 25% state tax credit for contributions to domestic violence shelters and decided that benefit would not be treated the same as a public television tote bag.



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