Tax Shop
Tax Shop
Charles Trautman, EA · Since 1969
A history of tax reform · 1997

Taxpayer Relief Act

The Roth IRA, the child tax credit, and $250,000 of tax-free gain on the sale of a home.

SignedAugust 5, 1997, by President Bill Clinton
Public law105-34, part of a bipartisan agreement to balance the budget by 2002
VotesHouse 389–43; Senate 92–8
In one sentenceThe first reconciliation bill written to cut taxes rather than raise them, and the source of four provisions nearly every family uses.
Still with usThe Roth IRA; the child tax credit; the home-sale exclusion at the same dollar amounts; the Lifetime Learning Credit; 529 plans; the student loan interest deduction

Why it happened

After the 1994 election produced a Republican Congress and two government shutdowns, the White House and Congress reached an agreement in May 1997 to balance the budget by 2002. The deal was enacted as two bills: one cut spending, this one cut taxes by about $95 billion over five years. It passed with large majorities of both parties.

What it did

  • The Roth IRA. Contributions are not deductible, but qualified withdrawals — after five years and age 59½ — are entirely tax-free, and there are no required distributions during the owner’s life. Conversions from traditional IRAs were allowed only under $100,000 of income until 2010, when that limit was removed and the “backdoor Roth” became possible. See our Roth IRA guide.
  • The child tax credit: $400 per child under 17 for 1998, $500 after. It is $2,200 today.
  • The home-sale exclusion: up to $250,000 of gain, $500,000 for a couple, on a home owned and lived in for two of the last five years, usable every two years. It replaced the old rollover rule (buy a more expensive house within two years or pay tax) and the one-time $125,000 exclusion for sellers over 55. The dollar amounts have never been changed. See selling your home.
  • Capital gains to 20% (10% for the 15% bracket), with a new 25% rate on depreciation recaptured on real estate and 28% on collectibles — the three-rate structure still used.
  • Education: the Hope credit (now the American Opportunity Credit) and the Lifetime Learning Credit; the education IRA (now the Coverdell); a $2,500 deduction for student loan interest; and clear rules for state 529 plans.
  • Estate exemption scheduled to rise from $600,000, frozen since 1987, to $1 million by 2006, with the annual gift exclusion indexed.
  • Small business: the home-office deduction broadened to cover administrative work done at home; the self-employed health insurance deduction phased up faster; section 179 on a path to $25,000.

1998: the IRS Restructuring and Reform Act

The following year, after televised hearings on IRS collection practices, Congress passed a taxpayer-rights law that still shapes every dispute with the IRS: broader innocent spouse relief; the right to a hearing before a levy or after a lien filing, with court review; the burden of proof shifted to the IRS in court once the taxpayer produces credible evidence; a stronger Taxpayer Advocate; a limited privilege for conversations with CPAs and enrolled agents; and the reorganization of the IRS into divisions by type of taxpayer.

What it meant

Homeowners stopped keeping the basis of every house they had ever owned; for most families the gain on a home sale simply became tax-free. A middle-income family with two children got $1,000 a year in credits from 1999, and parents paying tuition got up to $1,500 a student. Savers got the Roth IRA, which has become one of the most-used accounts in the code. And the 1998 act gave an ordinary taxpayer, for the first time, a set of rights the IRS had to observe before taking a paycheck or a bank account.

303-734-1040

← The timeline  ·  More topics