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Serving the Citizens of the District of Columbia




         District of Columbia
 Office of the Chief Financial Officer
      Office of Tax and Revenue

Washington DC Economic Partnership



         Stephen M. Cordi
       Deputy Chief Financial Officer
            January 11, 2012




                                                                                1
2012 Tax Changes


   • During the last year, the Mayor and
     Council made a number of major
     changes in DC taxes as an important
     part of balancing the 2012 budget
   • These generally appear in the 2011
     Budget Support Act for FY 2012



                                           2
Office of Tax and Revenue
Combined Reporting

   • By far the most important DC tax
     change has been the enactment of
     combined reporting beginning with
     the current tax year
   • DC has been an easy target for
     intangible holding companies,
     transfer pricing schemes and the like
   • Legislation is effective for tax year
     2011

                                             3
Office of Tax and Revenue
Combined Reporting -2

   • The legislation is largely based on the
     MTC model statute as modified by
     West Virginia
   • The legislation was the subject of
     some last-minute taxpayer–friendly
     amendments
   • We are currently in the process of
     publishing guidance to implement
     combined reporting and revising our
     franchise tax returns
                                               4
Office of Tax and Revenue
Double-Weighted Sales Factor

   • For business franchise taxes,
     apportionment is changed to
     property, payroll and double-
     weighted sales
   • Previous law provided for equal-
     weighted 3-factor formula
   • Effective for tax year 2011



                                        5
Office of Tax and Revenue
Minimum Franchise Tax
                    Increase

   • Effective for tax year 2011, the
     minimum franchise tax has been
     increased from $100 to $250
   • For taxpayers with DC adjusted gross
     income of $1,000,000, the minimum
     tax has increased to $1,000
   • Applies to both corporate in
     unincorporated business franchise
     taxes
                                            6
Office of Tax and Revenue
Individual Rate Increase

   • Beginning with tax year 2012, an
     additional income tax bracket of
     8.95% for taxpayers with DC taxable
     income over $350,000 has been
     added

   • Applies to estates and trusts as well


                                             7
Office of Tax and Revenue
Out of State Bonds

   • DC has repealed its exemption for the
     interest on out of state tax exempt bonds
   • Effective for bonds acquired after December
     31, 2011, including bonds held indirectly
     through mutual funds
   • By its terms , it does not include bonds
     issued by the Washington Metropolitan
     Airport Authority
   • OTR has a notice out on this one - 2011-6



                                                   8
Office of Tax and Revenue
Limitation on Itemized
                     Deductions
   • New limitation applies to itemized
     deductions for DC taxable income of
     $200,000
   • Itemized deductions are to be
     reduced by 5% of the amount over
     $200,000
   • Doesn’t include medical, investment
     interest or casualty losses
   • Effective for tax year 2011

                                           9
Office of Tax and Revenue
Withholding on Retirement
           Account Distributions

   • Legislation will require withholding of DC
     income taxes at the highest marginal rate
     from distributions from retirement accounts
     to DC residents if there is an IRS
     withholding requirement
   • Effective beginning January 1, 2012
   • Clarifying legislation not enacted until
     December 22nd
   • Notice 2011-9 issued – telling providers to
     use their best efforts
                                                   10
Office of Tax and Revenue
Increased Withholding

   • Effective January 1, 2012, employers
     are to remove the standard deduction
     from the withholding calculation
   • DC standard deduction is $4,000, so
     the additional w/h for each job
     ranges up to $340 for a taxpayer with
     DC income up to $40,000
   • Intended to produce one-time
     windfall of $41 million and ongoing
     collection benefits
                                             11
Office of Tax and Revenue
Sales Tax on Cigarettes at
                   Wholesale
   • DC has exempted sales of cigarettes at retail
     effective October 1, 2011
   • At the same time, we’ve increased the
     stamp tax by 36 cents
   • This new “sales tax” portion of the cigarette
     stamp tax is adjustable annually on the
     basis of changes in the retail price of
     cigarettes
   • The object is to reduce tax leakage at the
     retail level & the amount of tax handled by
     small merchants
                                                     12
Office of Tax and Revenue
Sales Tax on Security Services


   • The sales tax has been extended
     to armored car, private detective
     and security services
   • Modeled on Maryland law in
     effect since 1992
   • Effective October 1, 2011
   • Notice 2011-3

                                         13
Office of Tax and Revenue
Sales Tax Rate Increases

   • Sales tax on sales of alcohol for off-
     premise use increased from 9% to
     10%, effective July 1, 2011
   • Sales tax on charges for parking and
     storage of vehicles increased from
     12% to 18%, effective October 1,
     2011
   • Existing general 6% rate, set to
     revert to 5.75% effective October 1,
     2012, has been made permanent
                                              14
Office of Tax and Revenue
Contact Information

   • Tax Practitioner Hotline (202) 727-1435

   • Main Call Center        (202) 727-4TAX (4829)

   • Problem Resolution          (202) 442-6348

   • Collections Division        (202) 724-5045



                                                     15
Office of Tax and Revenue

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Doing Business in DC | DC Business Taxes | Office of Tax & Reveneu

  • 1. Serving the Citizens of the District of Columbia District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue Washington DC Economic Partnership Stephen M. Cordi Deputy Chief Financial Officer January 11, 2012 1
  • 2. 2012 Tax Changes • During the last year, the Mayor and Council made a number of major changes in DC taxes as an important part of balancing the 2012 budget • These generally appear in the 2011 Budget Support Act for FY 2012 2 Office of Tax and Revenue
  • 3. Combined Reporting • By far the most important DC tax change has been the enactment of combined reporting beginning with the current tax year • DC has been an easy target for intangible holding companies, transfer pricing schemes and the like • Legislation is effective for tax year 2011 3 Office of Tax and Revenue
  • 4. Combined Reporting -2 • The legislation is largely based on the MTC model statute as modified by West Virginia • The legislation was the subject of some last-minute taxpayer–friendly amendments • We are currently in the process of publishing guidance to implement combined reporting and revising our franchise tax returns 4 Office of Tax and Revenue
  • 5. Double-Weighted Sales Factor • For business franchise taxes, apportionment is changed to property, payroll and double- weighted sales • Previous law provided for equal- weighted 3-factor formula • Effective for tax year 2011 5 Office of Tax and Revenue
  • 6. Minimum Franchise Tax Increase • Effective for tax year 2011, the minimum franchise tax has been increased from $100 to $250 • For taxpayers with DC adjusted gross income of $1,000,000, the minimum tax has increased to $1,000 • Applies to both corporate in unincorporated business franchise taxes 6 Office of Tax and Revenue
  • 7. Individual Rate Increase • Beginning with tax year 2012, an additional income tax bracket of 8.95% for taxpayers with DC taxable income over $350,000 has been added • Applies to estates and trusts as well 7 Office of Tax and Revenue
  • 8. Out of State Bonds • DC has repealed its exemption for the interest on out of state tax exempt bonds • Effective for bonds acquired after December 31, 2011, including bonds held indirectly through mutual funds • By its terms , it does not include bonds issued by the Washington Metropolitan Airport Authority • OTR has a notice out on this one - 2011-6 8 Office of Tax and Revenue
  • 9. Limitation on Itemized Deductions • New limitation applies to itemized deductions for DC taxable income of $200,000 • Itemized deductions are to be reduced by 5% of the amount over $200,000 • Doesn’t include medical, investment interest or casualty losses • Effective for tax year 2011 9 Office of Tax and Revenue
  • 10. Withholding on Retirement Account Distributions • Legislation will require withholding of DC income taxes at the highest marginal rate from distributions from retirement accounts to DC residents if there is an IRS withholding requirement • Effective beginning January 1, 2012 • Clarifying legislation not enacted until December 22nd • Notice 2011-9 issued – telling providers to use their best efforts 10 Office of Tax and Revenue
  • 11. Increased Withholding • Effective January 1, 2012, employers are to remove the standard deduction from the withholding calculation • DC standard deduction is $4,000, so the additional w/h for each job ranges up to $340 for a taxpayer with DC income up to $40,000 • Intended to produce one-time windfall of $41 million and ongoing collection benefits 11 Office of Tax and Revenue
  • 12. Sales Tax on Cigarettes at Wholesale • DC has exempted sales of cigarettes at retail effective October 1, 2011 • At the same time, we’ve increased the stamp tax by 36 cents • This new “sales tax” portion of the cigarette stamp tax is adjustable annually on the basis of changes in the retail price of cigarettes • The object is to reduce tax leakage at the retail level & the amount of tax handled by small merchants 12 Office of Tax and Revenue
  • 13. Sales Tax on Security Services • The sales tax has been extended to armored car, private detective and security services • Modeled on Maryland law in effect since 1992 • Effective October 1, 2011 • Notice 2011-3 13 Office of Tax and Revenue
  • 14. Sales Tax Rate Increases • Sales tax on sales of alcohol for off- premise use increased from 9% to 10%, effective July 1, 2011 • Sales tax on charges for parking and storage of vehicles increased from 12% to 18%, effective October 1, 2011 • Existing general 6% rate, set to revert to 5.75% effective October 1, 2012, has been made permanent 14 Office of Tax and Revenue
  • 15. Contact Information • Tax Practitioner Hotline (202) 727-1435 • Main Call Center (202) 727-4TAX (4829) • Problem Resolution (202) 442-6348 • Collections Division (202) 724-5045 15 Office of Tax and Revenue