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Congress finally acted on New Year's Day, passing the "fiscal cliff" law. This law extended the existing tax rate structure for single taxpayers with taxable income of as compared to USD 400,000, and married taxpayers with taxable income of less than USD 450,000. For together with higher incomes, the top tax rate was increased to thirty-nine.6% These limits are determined prior to the foreign earned income exclusion.

In 2003 the JGTRRA, or Jobs and Growth Tax Relief Reconciliation Act, was passed, expanding the 10% tax bracket and accelerating some on the changes passed in the 2001 EGTRRA.