Current Federal Tax Developments

View Original

Provisions Expired or Expiring by Year from 2024-2034 Listed by the Joint Committee on Taxation

Ed Zollars, CPA

This Joint Committee on Taxation report (JCX-1-25) lists various federal tax provisions that have expired or are scheduled to expire between 2024 and 2034. The provisions are categorized by the year in which they expire.

Provisions Expired in 2024:

  • Second generation biofuel producer credit (sec. 40(b)(6)(J)) - 12/31/24
  • Incentives for biodiesel and renewable diesel:
    • Income tax credits for biodiesel fuel, biodiesel used to produce a qualified mixture, and small agri-biodiesel producers (sec. 40A(g)) - 12/31/24
    • Excise tax credits and outlay payments for biodiesel fuel mixtures (secs. 6426(c)(6) and 6427(e)(6)(B)) - 12/31/24
    • Excise tax credits and outlay payments for renewable diesel fuel mixtures (secs. 6426(c)(6) and 6427(e)(6)(B)) - 12/31/24
  • Incentives for sustainable aviation fuel:
    • Credit for sustainable aviation fuel (sec. 40B(h)) - 12/31/24
    • Excise tax credits and outlay payments for sustainable aviation fuel (secs. 6426(k) and 6427(e)(6)(E)) - 12/31/24
  • Beginning-of-construction date for renewable power facilities eligible to claim the renewable electricity production credit or investment credit in lieu of the production credit (secs. 45(d) and 48(a)(5)) - 12/31/24
  • Beginning-of-construction date for increased credit for business solar energy property and credit for fiber optic solar lighting system property, qualified fuel cell and stationary microturbine power plant property, combined heat and power property, small wind property, and waste energy recovery property (sec. 48(a)(2)(A)(i)(II), (a)(3)(A)(ii), (a)(3)(A)(viii), (c)(1)(E), (c)(2)(D), (c)(3)(A)(iv), and (c)(4)(C)) - 12/31/24
  • Increase in energy credit for solar and wind facilities placed in service in connection with low-income communities (sec. 48(e)(4)(C)) - 12/31/24
  • Five-year recovery period for certain energy property (secs. 168(e)(3)(B)(vi)(I) and 48(a)(3)(A)) - 12/31/24
  • Safe harbor for absence of deductible for telehealth (sec. 223(c)(2)(E)) - 12/31/24
  • Incentives for alternative fuel and alternative fuel mixtures:
    • Excise tax credits and outlay payments for alternative fuel (secs. 6426(d)(5) and 6427(e)(6)(C)) - 12/31/24
    • Excise tax credits for alternative fuel mixtures (sec. 6426(e)(3)) - 12/31/24

Provisions Expiring in 2025:

  • Modification of individual income tax rates (sec. 1(j)) - 12/31/25
  • Child tax credit: Increased credit amount, increased refundable amount, reduced earned income threshold, and modification of identification requirements (sec. 24(h)) - 12/31/25
  • Premium assistance credit enhancements (sec. 36B(b)(3)(A)(iii) and (c)(1)(E)) - 12/31/25
  • New markets tax credit (sec. 45D(f)(1)) - 12/31/25
  • Employer credit for paid family and medical leave (sec. 45S(i)) - 12/31/25
  • Work opportunity credit (sec. 51(c)(4)) - 12/31/25
  • Increase in exemption amount and phaseout threshold of individual AMT (sec. 55(d)(4)) - 12/31/25
  • Rate on modified taxable income and treatment of credits in the calculation of base erosion minimum tax amount (sec. 59A(b)(2)) - 12/31/25
  • Increase in standard deduction of individuals (sec. 63(c)(7)) - 12/31/25
  • Suspension of miscellaneous itemized deduction (sec. 67(g)) - 12/31/25
  • Suspension of limitation on itemized deductions (sec. 68(f)) - 12/31/25
  • Exclusion from gross income of discharge of indebtedness on principal residence (sec. 108(a)(1)(E)) - 12/31/25
  • Special rule for certain discharges of student loans (sec. 108(f)(5)) - 12/31/25
  • Exclusion for certain employer payments of student loans (sec. 127(c)(1)(B)) - 12/31/25
  • Suspension of exclusion for reimbursement of bicycle commuting (sec. 132(f)(8)) - 12/31/25
  • Suspension of exclusion for moving expense reimbursement (sec. 132(g)(2)) - 12/31/25
  • Suspension of deduction for personal exemptions (sec. 151(d)(5)) - 12/31/25
  • Limitation on deduction for qualified residence interest, suspension of deduction for home equity interest (sec. 163(h)(3)(F)) - 12/31/25
  • Limitation on deduction for State, local, etc., taxes (sec. 164(b)(6)) - 12/31/25
  • Modification of rules relating to computation of wagering losses (sec. 165(d)) - 12/31/25
  • Personal casualty losses limited to Federally declared disaster areas (sec. 165(h)(5)) - 12/31/25
  • Seven-year recovery period for motorsports entertainment complexes (sec. 168(e)(3)(C)(ii) and (i)(15)(D)) - 12/31/25
  • Increase in percentage limitation on cash contributions to public charities (sec. 170(b)(1)(G)) - 12/31/25
  • Special expensing rules for certain film, television, and live theatrical productions (sec. 181(g)) - 12/31/21
  • Qualified business income deduction (sec. 199A(i)) - 12/31/25
  • Suspension of deduction for moving expenses (sec. 217(k)) - 12/31/25
  • Deduction percentages for foreign-derived intangible income and global intangible low-taxed income (sec. 250(a)(3)) - 12/31/25
  • Deductibility of employer de minimis meals and related eating facility, and meals for the convenience of the employer (sec. 274(o)) - 12/31/25
  • ABLE accounts:
    • Contributions eligible for saver’s credit (sec. 25B(d)(1)(D)) - 12/31/25
    • Rollovers from qualified tuition programs permitted (sec. 529(c)(3)(C)(i)(III)) - 12/31/25
    • Increase in contributions limit (sec. 529A(b)(2)(B)) - 12/31/25
  • Look-through treatment of payments between related controlled foreign corporations under the foreign personal holding company rules (sec. 954(c)(6)(C)) - 12/31/25
  • Empowerment zone tax incentives:
    • Designation of an empowerment zone and of additional empowerment zones (sec. 1391(d)(1)(A)(i) and (h)(2)) - 12/31/25
    • Empowerment zone tax-exempt bonds (secs. 1394 and 1391(d)(1)(A)(i)) - 12/31/23
    • Empowerment zone employment credit (secs. 1396 and 1391(d)(1)(A)(i)) - 12/31/25
  • Increase in estate and gift tax exemption (sec. 2010(c)(3)(C)) - 12/31/25
  • Oil Spill Liability Trust Fund financing rate (sec. 4611(f)(2)) - 12/31/25
  • Treatment of certain individuals performing services in the Sinai Peninsula of Egypt (sec. 11026 of Public Law 115-97) - 12/31/25

Provisions Expiring in 2026:

  • Elective deferrals and IRA contributions by certain individuals (sec. 25B) - 12/31/26
  • Credit for advanced manufacturing investment (sec. 48D(e)) - 12/31/26
  • Additional first-year depreciation with respect to qualified property (secs. 168(k)(2)(A)(iii) and 460(c)(6)(B)) - 12/31/26
  • Election of additional depreciation for certain plants bearing fruits and nuts (sec. 168(k)(5)(A)) - 12/31/26
  • Election to invest capital gains in an opportunity zone (sec. 1400Z-2(a)(2)(B)) - 12/31/26

Provisions Expiring in 2027:

  • Credit for clean fuel production (sec. 45Z(g)) - 12/31/27
  • Expensing of certain costs of replanting citrus plants lost by reason of casualty (sec. 263A(d)(2)(C)(ii)) - 12/22/27

Provisions Expiring in 2028:

  • Limitation on excess business losses of noncorporate taxpayers (sec. 461(l)) - 12/31/28
  • Highway Trust Fund excise taxes:
    • All tax rates (except for the permanent 4.3-cents-per-gallon rate) on highway gasoline, diesel fuel, kerosene, and alternative fuels (secs. 4041(a) and 4081(d)(1)) - 9/30/28
    • Reduced tax rate on partially exempt methanol or ethanol fuel (sec. 4041(m)) - 9/30/28
    • Tax on retail sale of heavy highway vehicles (sec. 4051(c)) - 9/30/28
    • Tax on heavy truck tires (sec. 4071(d)) - 9/30/28
  • Leaking Underground Storage Tank Trust Fund financing rate (secs. 4041(d)(4), 4042(b)(4), and 4081(d)(3)) - 9/30/28
  • Airport and Airway Trust Fund excise taxes:
    • All tax rates (except for the permanent 4.3-cents-per-gallon rate) on noncommercial aviation kerosene and noncommercial aviation gasoline (secs. 4081(d)(2)(B) and 4083(b)) - 9/30/28
    • Domestic and international air passenger ticket taxes and ticket tax exemption for aircraft in fractional ownership aircraft programs (sec. 4261(k) and (j)) - 9/30/28
    • Air cargo tax (sec. 4271(d)) - 9/30/28
    • Surtax on fuel used in aircraft in a fractional ownership program (sec. 4043(d)) - 9/30/29

Provisions Expiring in 2029:

  • Specified health insurance policy fee (sec. 4375(e)) - 9/30/29
  • Self-insured health plan fee (sec. 4376(e)) - 9/30/29
  • Highway Trust Fund excise taxes: Annual use tax on heavy highway vehicles (sec. 4481(f)) - 9/30/29

Provisions Expiring in 2030:

  • Special financial assistance program for financially troubled multiemployer plans (sec. 9704 of Public Law 117-2) - 9/30/30

Provisions Expiring in 2031:

  • Superfund excise taxes on certain chemicals and imported substances (secs. 4661(c) and 4671(e)) - 12/31/31

Provisions Expiring in 2032:

  • Credit for energy efficient home improvements (sec. 25C(h)) - 12/31/32
  • Credit for previously-owned clean vehicles (sec. 25E(g)) - 12/31/32
  • Credit for alternative fuel vehicle refueling property (sec. 30C(i)) - 12/31/32
  • Credit for clean vehicles (sec. 30D(h)) - 12/31/32
  • Credit for construction of new energy efficient homes (sec. 45L(h)) - 12/31/32
  • Beginning-of-construction date for certain qualified carbon oxide sequestration facilities (sec. 45Q(d)(1)) - 12/31/32
  • Credit for zero-emission nuclear power production (sec. 45U(e)) - 12/31/32
  • Credit for qualified commercial clean vehicles (sec. 45W(g)) - 12/31/32
  • Credit for advanced manufacturing production (sec. 45X(b)(3)) - 12/31/33
  • Applicable year for credit for clean electricity production (sec. 45Y(d)) - 12/31/32
  • Applicable year for credit for clean electricity investment (sec. 48E(e)) - 12/31/32
  • Transfer of excess pension assets to retiree health and life insurance accounts (sec. 420(b)(4)) - 12/31/32
  • Election for treating certain credits for production of clean hydrogen, carbon oxide sequestration, and advanced manufacturing production as payments (sec. 6417(d)(1)(E)) - 12/31/32

Provisions Expiring in 2034:

  • Credit for residential clean energy (sec. 25D(h)) - 12/31/34
  • Beginning-of-construction date for increased credit for geothermal heat pump property (sec. 48(a)(3)(A)(vii)) - 12/31/34

List compiled via NotebookLM

Report Page (from which it can be downloaded)