Category Archives: Taxes

Insight to help you understand tax law and its impact and opportunities for management of your income, your business and your investments

Tax law changes for 2013 eliminate uncertainty

The last few weeks have been difficult for the American consumer.  Constant bickering about the “fiscal cliff” and unknown changes in the personal financial landscape made it difficult for the average American to make proactive decisions about his or her financial future.

On January 1st the American Taxpayer Relief Act of 2012 (ATRA) was passed. Certain provisions of it have answered some of our questions about areas of tax policy that have been very unclear to us.  Here is a list of five tax issues that now have some clarity:

1)      Estate taxes – The 2012 estate tax laws, which provided for a $5 million (indexed) estate tax exemption for each spouse in a marriage, were supposed to sunset back to $1 million on January 1, 2013.  ATRA made these exemptions permanent so the $5.12 million (2012) estate tax exemption will continue for each spouse.   Maybe more importantly, new exemption portability rules allow the unused estate tax exemption of a deceased spouse to be used by the living spouse.  This will reduce the requirements for bypass trusts for all but a few very wealthy families.

2)      Alternative Minimum Tax (AMT) – For many years congress has had to pass a new law each year to patch the inequalities of the AMT so that most tax filers would not have to pay taxes at the higher AMT rates.  ATRA created a more permanent fix for this issue by creating an AMT exemption of $78,750 for married couples and $50,600 for singles.  This fix is retroactive back to 2012, and is indexed for inflation, so relatively few Americans will be subject to AMT in the future.

3)      Tax Rates – For married couples with joint incomes of $450,000 or individuals with incomes of $400,000 per year, income above these amounts will be subject to a new marginal tax rate of 39.6%. This is the same highest tax rate as during the Clinton administration.  There is still a 35% tax rate in effect – it is just for a very small tax bracket as it only applies to income levels of $388,350 to $450,000 for married filing jointly tax payers.

Tax payers in this highest tax bracket also will pay higher long-term capital gains tax rates (20% instead of 15% of the gain).  Their qualified dividend income will also be taxed at 20% rather than 15%.  Finally, this group will also be subject to a new 3.8% Medicare tax on their net investment income, so the tax rates for qualified dividends and long-term capital gains will be 23.8%.

4)      Deduction phaseout – The itemized deduction phaseout will return for 2013.  For married couples with Adjusted Gross Income (AGI) of $300,000 or individuals with AGI of $250,000 (indexed for inflation), the phase out for itemized deductions is 3% of income over this threshold.

5)      Personal Exemption Phaseout – For taxpayers with the same AGIs as 4) above, the phaseout of the personal exemption is 2% of the total exemption for every $2,500 of excess income over these thresholds.  So if a married couple filing jointly had an income of $400,000 then 80% of their personal exemption would be phased out for that year.

~ Allyn Hughes, CFP®, ChFC®, CLU® — Brooks, Hughes & Jones – Partners in Wealth Management, Tacoma, WA

www.BHJadvisors.com

 

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Cost basis enters the spotlight for investment decisions

Cost basis is an often unloved but certainly important piece of information in managing investment decisions in non-retirement accounts. With the upcoming tax changes scheduled for 2013, however, cost basis and capital gains or losses could play a more important role than usual in your decisions before the end of the year.

Your cost basis is the total amount you have invested in any particular position or asset. In the case of a stock, bond or mutual fund, the cost basis is comprised of not only your initial investment but any additional purchase of new shares – whether they come via reinvested dividends or income or are simply new money invested.

Cost basis shouldn’t be overlooked because the basis can be an important variable in your after-tax returns. Being tax efficient can help you protect more of your gains.

In 2013 the long-term capital gains tax is scheduled to rise from 15% to 20% of the gain for most taxpayers and as high as 23.8% of the gain for high income earners. The current rate has been in place since May 2003. Although this tax will rise by a third, even the 20% rate is historically low. The average long-term capital gains tax since 1942 is 27.55%.

Considering the following scenarios may help you make tax-wise decisions about your investments before year end.

GO AHEAD AND SELL A WINNER

Generally, deferring taxable events as long as possible is preferable. But this year, realizing gains and paying the capital gains tax at the 15% rate, rather than a higher tax later, could effectively increase your after-tax return on your investment. Where gains are concerned, there is no rule that disallows you from repurchasing the same asset that was sold. Or, perhaps more appropriate, you can realize the gain by selling the asset and use the proceeds to further diversify your portfolio, managing risk.

CONSIDER HOLDING ON TO LOSERS (if the asset still fits your investment objective)

Realizing losses by selling positions that have declined below the cost basis is a common year-end task. But you may want to think twice about this strategy. One reason is that losses will be more valuable when used to offset capital gains in the future at higher tax rates.

Another less obvious reason is that while you may receive tax benefit by selling at a loss now, it’s possible that the benefit could be more than offset by future capital gains taxes that are higher. Here’s an example. Consider an investment with a $20,000 cost basis that declines to $15,000. You sell the position and realize a loss of $5,000 before December 31, 2012. You reinvest the proceeds for a new cost basis of $15,000, not the original $20,000. The reinvested money rises to $30,000, doubling your money, and you sell. Because of this tax increase, you would owe more in capital gains tax than if you had just held the initial position with a $20,000 basis and waited for it to grow to $30,000. The initial tax deduction of the $5,000 loss would be worth $750 assuming the 2012 15% capital gains rate. But the reinvested assets, growing from the lower cost basis would generate a higher future tax bill. Essentially, there would be an extra $5,000 of capital gain. With the future capital gains tax at 20%, the tax cost would be $1,000, a bigger drag on your after-tax return than the $750 tax deduction that was received upon selling the initial investment for a $5,000 loss.

NO TAXES ON CAPITAL GAINS FOR LOW INCOME EARNERS

If your taxable income happens to be under $70,700 (married filing jointly) or $35,350 (single taxpayer in 2012), you can sell investments with a long-term capital gain in 2012 and pay no tax. Next year, a 10% capital gains tax returns for individuals in the 15% tax bracket or lower. This may be most useful for people who have business losses or other causes for unusually low taxable income but they still have assets in a taxable investment account with gains.

TURN THE UNKNOWN INTO A GIFT

Many people have investments for which they do not know the cost basis. If it is not easy to compile an accurate historical basis for the holding, there is a simple solution with many benefits – gift it. If you donate the investment to a non-profit organization, you will receive a tax deduction for the date-of-gift market value and there is no need to determine what the basis is. You can receive a tax deduction for securities gifts up to 30% of your adjusted gross income. The charity receives the gift and does not have to pay a capital gains tax whenever it sells the position. If the position is of a size larger than you would comfortably gift normally, discuss funding a charitable gift annuity or other account that returns an income stream to you to supplement your retirement income.

DON’T DOUBLE PAY TAXES

Regardless of your situation, keeping track of cost basis is important so that you don’t unintentionally pay more tax than necessary. The most frequent problem investors face when determining their costs basis is not adding reinvested dividends or income to your initial purchase cost. This creates a form of double taxation. The reinvested income is taxed annually whether you reinvest it or not. If it is not included in growing the cost basis over time it is essentially taxed again as capital gain at the sale of the asset.

For many people who have held investments with reinvestment features over the years – or who have transferred a holding from a fund company to a brokerage or from one brokerage to another, keeping track of the cost basis can require a tedious search of old statements or trade confirmations.

All taxable mutual fund and brokerage account statements are now required to include cost basis. If your statement is missing information, the custodian of the account does not have complete records. You will need to go on a bit of a treasure hunt for the missing details. You should be sure to understand the basis before selling the position to make sure that it is accurately reported to the IRS by the custodian of the account.

Two other points are worth noting that may impact your decisions to sell investments and realize gains or losses. If you have a capital loss carryforward (losses beyond what you could deduct on your tax return in previous years) it may be more valuable to you to wait to next year to sell your winning investments to offset higher capital gains rates than this year.

And there is another way to gain tax efficiency and better after-tax returns that may be worth waiting for, if unpleasant to think about – your death.  If you like a holding and it is a good fit for your investment objective long term, there is no need to get strategic about the capital gain. Assets held until death in taxable accounts receive a basis step-up to the value on the date of death. It’s a nice benefit to your heirs and serves as one instance where death and taxes are not actually linked as certainties in life.

Have you reviewed the cost basis of your holdings for accuracy?

Are there steps you can take to improve after-tax returns on your investments?

By Gary Brooks, CFP® – Brooks, Hughes & Jones – Partners in Wealth Management – Tacoma, WA

www.BHJadvisors.com

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Kicking cans toward the cliff – similarities between Europe’s crisis and the U.S. fiscal cliff

John Mauldin, an economist and writer who has focused much of his attention on the European monetary crisis, published an interesting article August 11. In his earlier articles on the subject, Mauldin identified two most likely outcomes for this crisis, either:

  • the countries in the European Union will choose to band together and the northern countries will provide massive bailouts to the southern countries and the euro will be saved, or
  • the European Union will choose to break up the euro and return to their former system of currencies.

A third, less likely choice is that the Euro will break up and two different currencies—one for northern Europe and another in Southern Europe—will take its place. Mauldin admits that these choices are hugely expensive, and increase the risk that Europe will fall into a recession or depression in the near future.

In his latest article, Mauldin presents another possibility that I think is most plausible. That is that the politicians in Europe will (using a term that I have come to hate) “kick the can down the road” for as long as possible until they are forced to make a decision about saving the European monetary system. Then, they will choose to keep the euro. He paints this as the most expensive solution offered because all of the votes will come at the last possible minute, when the decisions will be made because they have to be made. He thinks that this solution is the only politically tenable way to deliver bad news to the voters/constituents of each country.

After reading this article I started thinking about the upcoming “fiscal cliff” here in the United States. This cliff is a series of decisions that Congress and the President have to make as a result of yes, “kicking the can down the road” on topics like increasing taxes on income, capital gains, and dividends at the same time as government spending is cut due to automatic budget triggers that have not been addressed. Mix in changing health care law and financial services regulations not yet fully implemented and there are a lot of decisions to be made. In theory, most of the fiscal cliff decisions should be made in the 76 days between Election Day 2012 and Inauguration Day 2013.

Why is it important that we get answers to the fiscal cliff questions? Business owners and managers are unsure how to proceed. They have talked about waiting until they receive some clarity around the fiscal cliff issues before they go out and hire more workers. These employers are scared that changes to their tax structure will force them to cut back on their growth plans, and the long-term plans for their companies.

My sense is that Mauldin’s analysis of the most likely outcome of the European Monetary crisis can also be applied to our Congress’ negotiations around the fiscal cliff topic. Instead of making decisions about the fiscal cliff and providing a clear path for Americans, I think that they will defer or postpone as many of them as possible. The fiscal cliff will never occur. Instead it will be a slope—gradual and convoluted.

This will cost American’s many millions or billions over the long run, but will be the way that most members of congress will keep their jobs. And what is more important—billions of dollars or the job security of your favorite politician?

~ Allyn Hughes, CFP, ChFC, CLU — Brooks, Hughes & Jones, Partners in Wealth Management Tacoma, WA
www.BHJadvisors.com

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Missing benefits on the way to the fiscal cliff

You’ve probably read or heard news recently about the upcoming “fiscal cliff,” a confluence of political decisions and automatic triggers that could take place in January 2013 if congress and the president can’t agree on how to proceed. The scheduled changes will force the reset of many tax rates and trim government spending.

Many economists believe that if these changes collectively happen without intervention, the U.S. economy will return to recession quickly in 2013, if not before.

We have been thinking about how we got to this fiscal cliff and how the circumstances have affected the average citizen. Most folks take for granted the many changes that the politicians have made over the past 10 years to put more money in their hands.  The government has:

  • Lowered federal tax rates for all Americans. According to the Heritage Foundation almost 49.5% of Americans don’t even pay federal income taxes.
  • Reduced or eliminated long-term capital gains taxes. They are currently 15% of the gain for taxpayers who are not in the 0% or 15% tax brackets. If you are in the lowest two tax brackets, there is no capital gains tax.
  • Increased the federal estate tax exemption amount from $3 million to $5 million before estate taxes are levied.
  • Reduced interest rates for college loans.
  • Decreased Social Security tax that most workers pay from 6.2% to 4.2% in 2011 and 2012.
  • Provided significant extensions to unemployment benefits.
  • Guaranteed pools of mortgages, so if home owners could not pay, the investors were made whole.
  • Created TARP (Troubled Asset Relief Program) to guarantee banks and insurance companies and to bail out corporations that were considered too big to fail.
  • Spent on “shovel ready projects” and increased federal government contributions to state government to pay for police, fire and teachers.
  • Provided seniors with Medicare Part “D” which provides prescription benefits.

At the same time the government has fought the war on terror in the Middle East, adding massive expenses without a revenue source to fund them.

Many of these changes were designed to increase the growth of the U.S. economy.

Mostly, these acts failed. Instead, these created a significant deficit for the Federal government. According to the Congressional Budget Office, in 2012 Federal revenues (taxes) are expected to account for just 15.7% of Gross Domestic Product (a measure of economic output). This is more than 12% below our long term average of 17.9%. At the same time, Federal expenditures are expected to make up 23.4% of our GDP.  This is 10% more than our long-term average.

Personal Benefits from Conditions That Created the Fiscal Cliff

We wonder how the average person has been affected by this transfer of money from the government to the people.  Has your standard of living or ability to save and/or pay off debt has been dramatically improved by the relatively low-tax environment of the past decade? What has the extra dollar in your pocket meant to you and have you used it wisely?

For some, this money has provided a life line—they might now have a job or were able to meet their living expenses while they found a job—as a direct result of this money.

For others, the benefits of these policies have been more subtle. They might have a little more to save or invest or have been slightly more willing to make a big-ticket purchase, take a nicer and longer vacation, or maybe been able to afford higher college tuition.

Others may not have noticed any difference in their financial wellbeing.

Despite little impact on the average American, these incentives have come at significant cost. They have contributed to the growing potential for the financial instability for the U.S. government.

Has it been worth it? Did you benefit from low taxes over the past decade? Will you be harmed if tax rates reset back to prior levels?

We’d love to hear your thoughts.

~ Allyn Hughes — Brooks, Hughes & Jones, Partners in Wealth Management, Tacoma, WA

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The tax landscape will shift, making these three strategies wise moves for 2012

We are on the verge of a possibly significant shift in the tax and investment landscape in the United States. Given the changes that may be implemented late in 2012 or early in 2013, we think it is wise to consider some tax-smart financial planning options.

First, the tax story.

Tax rates on income, capital gains and dividends are at multi-decade lows. The following charts from J.P. Morgan visually set the scene for where we are today.

The lower portion of the graphic shows the decline in tax rates for the highest tax brackets. The upper two charts show how tax collections and spending have changed with the added context of recessionary periods in the dark gray vertical bars.

Federal revenue in 2012 is expected to be just 15.7% of Gross Domestic Product. This figure is about 13% below the average of the past 50 years. At the same time, Federal outlays are running at 23.4% of GDP, about 14% higher than their 50-year average.

Most financial planners and tax professionals that we know agree that given our large federal government debt levels and in spite of our slow economic recovery, it is doubtful that tax rates can stay low for much longer.  We think that it will be difficult for congress to agree on answers to two important issues that it will face during the lame duck session at the end of the year:

1)      Whether to overturn the $1.2 trillion of spending cuts that are required as a result of the failure of Congress’ budget deficit supercommittee to agree on how to raise revenue and lower spending for the federal government.

2)      Whether to extend the 2001 and 2003 Bush tax cuts, which includes lower taxes on income and capital gains.

If Congress can’t agree on how to proceed, the new year could bring us a combination of higher tax rates and large cuts to our federal defense and education budgets. The combination of potential tax increases and reduced government spending create a scenario that you may have seen referenced as the coming Fiscal Cliff.

When measuring the impact of tax increases and government spending, it’s clear that the U.S. economy may face a significant headwind in 2013. This chart from Strategas and Fidelity Asset Management shows the size of the increase as compared to other tax increases over the past 45 years.  The mix of higher taxes and spending cuts could remove as much as $7 trillion from the economy.

To make matters worse, it’s possible (likely?) that politicians will choose not to address the situation until early in 2013, making retroactive decisions. The uncertainty of this situation may weigh on markets over the remainder of the year.

THREE IMPORTANT CONSIDERATIONS FOR 2012

Given the likelihood of tax increases on all forms of income, consider these important financial planning opportunities between now and the end of the year.

  1. Business owners and others who can manage the timing of their income should try to maximize their income in 2012.
  2. If you have long-term capital gains in stocks and mutual funds that you don’t want to hold until you die (to receive a step up in taxable cost basis), then selling all or a portion of these before the end of 2012 could be very advantageous. You could pay 33% less tax this year at a 15% long-term capital gains tax rate rather than next year at 20%.
  3. If you have considered converting a portion of your IRA to a Roth IRA, this could be the last chance to make this conversion and pay income taxes on the amount converted at the (likely) lower 2012 rates.

Before you take advantage of any of these opportunities, contact your accountant or financial advisor to see if one or more makes sense for you.

~ Brooks, Hughes & Jones, Partners in Wealth Management, Tacoma, WA

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2012 tax changes and contribution limits

EMPLOYER RETIREMENT PLANS

Participants in employer retirement plans such as 401ks and 403bs will be able to contribute an extra $500 as the limit moves up to $17,000 in 2012. Catch-up contributions, allowed above the $17,000 level for people over age 50, remain at $5,500.

IRA INCOME LIMITS GO UP

Traditional IRA (tax-deductible contributions)

  • Joint tax return filers – $92,000 – $112,000 ($173,000 – $183,000 if your employer does not offer a retirement plan)
  • Singles and head of household – $58,000 – $68,000

Roth IRA (after-tax contributions)

  • Joint tax return filers – $173,000 – $183,000
  • Singles and head of household – $110,000 – $125,000

The amount you can contribute to an IRA has not changed – $5,000/year under age 50, $6,000 50 and over.

ROTH CONVERSIONS

If your income exceeds the limits to make a deductible Traditional IRA or Roth IRA contribution, there is still a way to move money into the tax-free character of the Roth IRA. Again in 2012, there is no income limit for an IRA conversion, moving money from a Traditional IRA to a Roth IRA.

You can make a non-deductible contribution to a Traditional IRA and convert that money to a Roth, paying no taxes. If you have previously existing money in a Traditional IRA that was deductible at the time of contribution, it can be converted to a Roth IRA. You would owe ordinary income tax on the amount converted but future growth in the Roth IRA would be tax free.

SOCIAL SECURITY WAGE BASE

Earned income subject to tax for Social Security increases from $106,800 to $110,100.

TAX BRACKET CHANGES

Revised income ranges for each bracket are largely a function of inflation over the past year. The figures here bump the beginning income for each bracket upward by 2.35-2.43%.

Bracket Married Filing Joint Return

Single

10% $0 – $17,400 $0 – $8,700
15% $17,400 – $70,700 $8,700 – $35,350
25% $70,700 – $142,700 $35,350 – $85,650
28% $142,700 – $217,450 $85,650 – $178,650
33% $217,450 – $388,350 $178,650 – $388,350
35% Over $388,350 Over $388,350

ESTATE AND GIFT TAXES

The exclusion from federal estate tax is increased from $5 million to $5,120,000

The annual exclusion for gifts remains at $13,000 per recipient from any individual. A couple can therefore give $26,000 to any individual.

AMT PATCH

The exemption from Alternative Minimum Tax still awaits its adjustment. This may not be settled by year end.

Many other credits, deductions and phase outs – impacting lifetime learning credits, student loan interest, medical savings accounts and standard deductions – have also been tweaked.

~ Brooks, Hughes & Jones, Partners in Wealth Management, Tacoma, WA

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Investors overreact to municipal bond fears

This video from Vanguard Investments is a helpful reviewof the current state of the municipal bond market. Three turbulent months based on speculation about future defaults have shaken munis. The risks appear to be overblown.

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Ten things to know about estate planning after the new federal tax bill

This post is provided by attorney Alan Macpherson and his colleagues of the Trusts & Estates Group at Gordon Thomas Honeywell LLP.

Alan Macpherson

After almost a full year of complete uncertainty about the estate tax, Congress abruptly adopted a bill in December. Here’s a quick recap:

1. The new law is good for just two years.
2. The Federal exemption is now $5 million per estate. The maximum estate tax rate is 35%.
3. We still have a Washington state estate tax, with an exemption of $2 million per estate. The maximum estate tax rate is 19%.
4. A surviving spouse inherits the unused exemption of the deceased spouse. So if our friend Lars leaves all his estate outright to wife Kyra and so uses none of his exemption, Kyra’s estate has Lars’s exemption as well as her own. You’ll hear this referred to as “portability” of the exemption.
5. Despite #4 just above, there are still a couple of good reasons to place Lars’s estate in trust for Kyra rather than giving it to her outright. It can preserve the Washington exemption of the first estate. And it can lessen the chance Kyra’s next beau will end up with the fruits of Lars’s labor. Hey, nothing sexist here—it works the other way around too, and it’s our observation that men are more vulnerable than women when left alone.
6. There is still a tax on generation-skipping transfers (GST), but only to the extent they exceed the $5 million GST exemption.
7. There is still an annual gift tax exclusion—$13,000 per giver per recipient is completely tax-free.
8. The lifetime gift tax exemption, for amounts given in excess of the annual exclusion, has been increased from $1 million to $5 million.
9. An estate and its heirs still get a full step-up in income tax basis, for all but a few selected assets like retirement accounts, installment contracts, and annuities.
10. There are other income tax benefits, mainly extension of the maximum 15% rate on capital gains, and of the maximum 35% income tax rate.

For more information, please contact Alan Macpherson at amacpherson@gth-law.com, or 253-620-6468.

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