2009 tax break may cost some taxpayers a refund

Expecting a fat tax refund this season? Not so fast.

Part of the economic stimulus law enacted a year ago created a new tax break, called the Making Work Pay tax credit. It reduced the amount of federal income tax withheld from workers’ paychecks.

But the new law had some unintended consequences. As a result, some taxpayers may receive a smaller refund during the current tax-filing season — or owe tax, said Jacquelyn H. Tracy, president of the Rhode Island Society of Certified Public Accountants.

Overall, about 15.4 million taxpayers nationwide — about 10.4 percent of the total — may be in this predicament, according to projections by the U.S. Treasury’s Inspector General for Tax Administration. In Rhode Island, that would work out to about 53,000 taxpayers.

It may come as a surprise especially to those taxpayers who count on receiving a federal income tax refund each year. They typically have more than enough in federal tax withheld each year “with the hope of getting something back,” said Tracy, partner in Mandel & Tracy, LLC, a CPA firm in Providence. “Many people use it as a savings plan,” she said.

At issue is economic stimulus legislation approved by Congress and signed into law by President Obama in February 2009. The law reduced the amount of federal income tax withheld from most workers’ paychecks throughout much of 2009. The idea was to boost the amount of workers’ take-home pay, so they could buy more goods and services and help boost the economy.

For many taxpayers, the reduction in withholding for 2009 should equal $400 for someone who is single, $800 for a married couple filing a joint return, said Robert J. Sclama, former head of the Rhode Island Society of Certified Public Accountants’ federal and state tax committee.

Those who had the correct amount withheld last year should see no problems on their returns now as a result of the new law, said Sclama, who runs his own tax-consulting and financial-planning practice in North Providence.

But some people, through no fault of their own, may have had too little in tax withheld from their pay last year. As a consequence, they may now wind up with a smaller refund than expected — or a balance due. That includes taxpayers in the following categories, according to recent reports by the U.S. Treasury and the Congressional Research Service:

•A single taxpayer who worked more than one job last year.

•A married couple, filing a joint return, where both spouses worked — and either or both worked more than one job.

•Taxpayers who receive pensions.