List of Expired and Expiring Federal Tax Provisions from 2016-2027 Released by Joint Committee on Taxation

The Joint Committee on Taxation has issued its annual report on expiring tax provisions (List of Expiring Federal Tax Provisions 2017-2027, JCX-1-18). 

This document provides a detailed list by year of expiring and expired provisions.  The list of most immediate interest contains the provisions that expired in 2016.  Such now expired provisions include, among others:

  • Credits for certain nonbusiness energy property (IRC §25C(g)) and residential energy property (IRC §25D(g))
  • Indian employment credit (IRC §45A(f))
  • Exclusion for discharge of indebtedness on principal residence for individuals (IRC §108(a)(1)(E)
  • Premiums for mortgage insurance deductible as mortgage interest (IRC §163(h)(3))
  • Domestic production deduction for activities in Puerto Rico (IRC §199(d)(8)
  • Medical expense deduction AGI limit remaining at 7.5% for individuals over 65 (IRC §213(f))
  • Deduction for qualified tuition and related expenses (IRC §222(e))

A bill introduced in late December 2016 by Senator Hatch to deal with extending some of these provisions but to date the bill has not been passed by either chamber of Congress.

Another long list of expiring provisions are the various provisions that were adopted as part of PL 115-97, the law generally known as the Tax Cuts and Jobs Act, although some of these “expirations” are actually ending the disallowance of various deductions.

A full list of expired provisions can be found in the Joint Committee’s report.