TAX BULLETIN NOVEMBER 8, 2017

Similar documents
TAX BULLETIN DECEMBER 6, 2017

TAX REFORM SIGNED INTO LAW

TAX REFORM SIGNED INTO LAW

From the Hill to the Street: An insider s perspective. Not FDIC Insured Not Bank Guaranteed May Lose Value

Examining the Tax Cuts and Jobs Act

Key Provisions of 2017 Tax Reform

Tax Cuts and Jobs Act: Impact on Individuals

Tax Reform Legislation: Changes, Impacts, Planning Considerations

2017 YEAR END PLANNING

Tax Cuts and Jobs Act Key Implications for Individuals

Tax reform highlights for individuals

U.S. Tax Reform FINANCIAL PLANNING IMPLICATIONS OF THE U.S. TAX REFORM MEASURE

An Overview of the 2017 Tax Legislation: Impact to Individuals Prepared by PricewaterhouseCoopers and provided by Morgan Stanley Wealth Management

SPECIAL REPORT. IMPACT. At this time, the framework is just a proposal. No legislative. IMPACT. If a tax reform package moves in Congress under the

U.S. Senate & House of Representatives Tax Cuts and Jobs Act. Proposals Relevant to Charitable Donors. December 14, 2017

Tax Cuts and Jobs Act of 2017: What Taxpayers Need to Know Presented by Shabri Moore

2018 Year-End Tax Reminders

Year-end Tax Moves for 2017

Tax Alert: 2017 TAX CUTS & JOBS ACT December 22, 2017 (updated)

SPECIAL REPORT. IMPACT. Unveiling of the bill impacts year-end planning. Taxpayers. IMPACT. House Republicans appear to envision moving their bill

SPECIAL REPORT. IMPACT. Many of the changes to the Internal Revenue Code in the INDIVIDUALS

The Tax Cuts and Jobs Act: What it means for you

Time is running out to make important planning moves before the year s end, so don t delay.

Individual Taxes. TAX CUTS & JOBS ACT OF Tax Brackets: 7 Tax Brackets: 7 Tax Brackets: 4 Tax Brackets:

Tax Reform Accomplished: How Does the Legislation Affect Investors and Businesses? Andrew H. Friedman Jeffrey B. Bush The Washington Update

CONGRESS JANUARY Tax Cuts and Jobs Act (H.R. 1)

November 6, Comprehensive Tax Reform Proposal Released HR1 Tax Cuts and Jobs Bill, November 2,

SPECIAL REPORT. IMPACT. Many of the changes to the Internal Revenue Code in the INDIVIDUALS

Tax Reform and its Impact on Individuals and Businesses

SPECIAL REPORT. IMPACT. Many of the changes to the Internal Revenue Code in the

TAX CUTS AND JOBS ACT (H.R. 1), 2018 A CLOSER LOOK PREPARED BY: ADIL A. BALOCH, CPA; CTRS. Accurate Records and Tax Services, Inc.

Tax Legislative Update

Tax Facts Quick Reference

2017 INCOME AND PAYROLL TAX RATES

Highlights of the Senate Tax Cuts and Jobs Act

SPECIAL REPORT. IMPACT. Many of the changes to the Internal Revenue Code in the INDIVIDUALS

Government Affairs. The White Papers TAX REFORM.

2018 tax planning guide

U.S. Tax Reform: The Current State of Play

U.S. Tax Reform: The Current State of Play

The Tax Cuts and Jobs Act

Adam Williams. Anthony Licavoli. Principal Tax Manager

Tax Reform 2017: Frequently Asked Questions

TAX REFORM: WHAT THE LAW WILL BE IN 2018

Head of Household $0 - $9,525 $13,600 $9,525 - $38,700 $13,600 - $51,800 $38,700 - $82,500 $51,800 - $82,500 $82,500 - $157,500 $157,500

TAX CUTS AND JOBS ACT SUMMARY

The Tax Cuts and Jobs Act: An Executive Summary

House-Senate agreement sets the stage for major tax law

Tax Cuts and Jobs Act of 2017

Tax reform accomplished

HOUSE TAX REFORM PROPOSAL INDIVIDUALS

Tax reform accomplished

New Tax Rules for 2018 What You Need to Know to Reduce Your Tax Burden

Tax Cuts & Jobs Act of 2017

Tax Law Changes and You

What the New Tax Laws Mean to You

Tax Cuts and Jobs Act. Durham Chamber of Commerce Public Policy Meeting January 9, 2018

TAX CUTS AND JOBS ACT OF 2017 (TCJA) and Its Potential Impact

Viewpoint. Tax Reform Accomplished: How Does the Legislation Affect Investors and Businesses?

Tax Reform and its Impact on Individuals and Businesses

2013 TAX AND FINANCIAL PLANNING TABLES. An overview of important changes, rates, rules and deadlines to assist your 2013 tax planning.

2018 Year-End Tax Planning Tips

2016 Tax Planning Tables

American Taxpayer Relief Act of 2012 and Other 2012/2013 Tax Highlights 1. Suzanne L. Shier Director of Wealth Planning and Tax Strategy

THE TIME IS NOW: TAX AND WEALTH PLANNING 2018

How the Trump Tax Proposals Might Affect Planning

2018 Year-End Tax Planning for Individuals

INDIVIDUAL YEAR END NEWSLETTER DEC 2018

TAX REFORM: WHAT REFORM MEANS FOR YOUR BOTTOM LINE. Bank Holding Company Association May 7, 2018

U.S. Tax Legislation Individual and Passthroughs Provisions. Individual Provisions

The New Tax Relief Act: How Will You Be Impacted?

What you may expect from Tax Reform. Presented by: Val Perry, CPA and Kelli Franco, CPA Moss Adams LLP May 23, 2017

PNC CENTER FOR FINANCIAL INSIGHT

KEY PROVISIONS OF THE TAX CUTS AND JOBS ACT (TCJA) OF 2017

ROBINSON, FARMER, COX ASSOCIATES

Numbers, numbers, numbers 2017 and 2018 (revised)

line of Sight Tax Transitions Navigating the Continuing Complexities of a Changing Landscape Suzanne Shier Tax Strategist

*Brackets adjusted for inflation in future years Long Term Capital Gains & Dividends Taxable income up to $413,200/$457,600 0% - 15%*

Tax Reform Proposal Signals White House Broad Tax Policy for 2017

Capitalizing on Tax Reform: 2018 Strategies and Long-Term Opportunities. Private Wealth Advisory

Summary of the Tax Cuts and Jobs Act of 2017

Tax Cuts and Jobs Act

2017 Tax Planning Tables

*Brackets adjusted for inflation in future years.

2018 TAX AND FINANCIAL PLANNING TABLES

Administration s 2017 Tax Reform Outline

Estate, Gift and Generation-Skipping Taxes: The Implications of the Economic Growth and Tax Relief Reconciliation Act of 2001

Tax strategies for higher-income taxpayers

Overview of the Tax Cuts and Jobs Act

LAST CHANCE TO REDUCE 2018 INCOME TAXES

Tax strategies for higher-income taxpayers

*Brackets adjusted for inflation in future years.

A Comparison of the 2016 Presidential Candidates Tax Proposals

A Look at the Trump Tax Proposal

e-pocket TAX TABLES 2017 and 2018 Quick Links: 2017 Income and Payroll Tax Rates 2018 Income and Payroll Tax Rates Corporate Tax Rates

Roth IRA Conversions: A Powerful Wealth-Transfer Tool. Private Wealth Advisory

TOOLS AND TECHNIQUES OF INCOME TAX PLANNING 3 RD EDITION

CFP BOARD KEY ELEMENTS TAX CUTS AND JOBS ACT 2017

Re: 2012 American Taxpayer Relief Act (ATRA)

Year-End Tax Moves for 2016

Transcription:

TAX BULLETIN 2017-5 NOVEMBER 8, 2017 0BMAJOR TAX REFORM BILL INTRODUCED: 1BWE ARE OFF AND RUNNING OVERVIEW The days of campaign proposals, blueprints, and frameworks are over. We now have a detailed tax bill introduced in the House of Representatives: the Tax Cuts and Jobs Act (HR 1). The bill, introduced on November 2, and already modified on November 3 rd and 6 th by the House Ways and Means Committee, proposes the most significant tax reform in over 30 years, affecting almost all individuals and entities subject to taxation, from individuals and passthrough entities, to domestic and international corporations. To be sure, there will be winners and losers on the personal income tax side. Generally, taxpayers residing in moderate to high income tax states with significant income could see higher federal income taxes. This Bulletin summarizes and highlights important elements of the bill and its amendments (the House Bill ) and includes early observations on its effect for high-income/net worth taxpayers. This is only the beginning of the end. The House Bill will certainly be modified and tweaked. The Senate will also propose a tax bill that could be different in material respects. While it may be too early to take any action, taxpayers should begin to consider the implications of typical year-end decisions, such as selling capital assets and charitable giving, but await more clarity before taking action. INDIVIDUAL TAXES 1 Current Law0F 2 Unified Framework1F House Bill (HR 1)2F 3 Individual Tax Rates 10, 15, 25, 28, 33, 35, 39.6% 12, 25, 35%; additional unspecified top rate may apply to highestincome taxpayers 12, 25, 35, 39.6%; phase-out of 12% bracket for high-income taxpayers Standard Deduction $12,700 ($6,350 if single) $24,000 ($12,000 if single) $24,400 ($12,200 if single) Personal Exemption Top Capital Gains/Dividend Tax Rate $4,050, subject to phase-out ; merged with higher standard deduction 20% (plus 3.8% surtax) Unspecified and therefore assumed unchanged ; merged with higher standard deduction Current maximum rate is retained

INDIVIDUAL TAXES (continued) Itemized Deductions Up to 80% of most itemized deductions are lost when adjusted gross income exceeds $313,800 ($261,500 for single taxpayers), except for mortgage interest and charitable contributions Repeals overall limitation (Pease) on itemized deductions; Mortgage interest deduction: reduced from $1 million acquisition indebtedness to $500,000, limited to principal residence; Repeals deduction for state and local income or sales tax; real property taxes limited to $10,000; deduction allowed for state and local taxes on trade or business; and Repeals deduction for medical expenses Retirement Savings Up to contribution cap can be placed into deferred account Unchanged Unchanged AMT Parallel tax calculation with top rate of 28% Carried Interest Retains character as capital gain and eligible for preferential tax rates Unspecified, but likely recharacterized as ordinary income3f 4 Requires three-year holding period to attain long-term 5 capital gains rate4f Investment Surtax 3.8% Unspecified (and likely retained) Unchanged OBSERVATIONS INDIVIDUAL TAXES Under the House Bill, there will be winners and losers on the personal income tax side. Generally, taxpayers who could see a lower tax bill will be wage earners from no-tax states5f6. For instance, a Florida taxpayer earning $1 million with moderate itemized deductions may see a tax savings of about $27,000, but a similar taxpayer in New York State may see almost no change, according to our preliminary analysis.6f7 Conversely, taxpayers who will see a higher tax bill will be very high-wage earners from high-tax states. Such a taxpayer earning $2 million in New York State may see a significant tax increase ($38,000) due in part to the loss of significant deductions and a surtax from the phase-out of the lowest tax bracket, while a similar taxpayer in Florida would see a tax savings of about $13,000, according to our preliminary analysis.7f8 Estimates from the Joint Committee on Taxation (official scorekeeper for tax legislation) indicates that 76% of taxpayers with income over $1 million would see a tax cut; the remaining 24% will see a tax increase. Those seeing a tax increase will likely be taxpayers in high-tax states. It appears that state of residence, type of income (wages versus new qualified business income ), and home ownership will be among the most important factors for determining whether one is better or worse off under the House Bill. 2

WEALTH TRANSFER TAXES Estate Tax 40% rate, $5,490,000 exemption (indexed for inflation) Commencing 2018, exemption for estate tax doubled from $5.6 million to $11.2 million (indexed for inflation) Gift/GST Tax Tax Basis Upon Death 40% rate, $5,490,000 exemption (indexed for inflation) Unknown/eliminates Beginning in 2024, estate tax repealed Commencing 2018, exemption for gift and GST tax doubled from $5.6 million to $11.2 million (indexed for inflation) Beginning in 2024, GST tax repealed; gift tax lowered to 35% with $11.2 million (indexed) exemption Full step-up for most assets Unknown Same as current: Step-up for estate property, whether or not subject to estate tax OBSERVATIONS WEALTH TRANSFER The wealth transfer tax proposals in the House Bill would represent a dramatic change to our transfer tax system. As stated, there would be a doubling of the exemptions until 2024, at which time there would be estate and GST tax repeal. The gift tax would remain. The step-up in basis at death would continue, both before and after the estate tax repeal. These provisions would have a significant effect on both testamentary and lifetime estate planning. Testamentary planning. Given the uncertainty of whether the estate tax would be effective or repealed at a person s death, it may be advisable for wills and other testamentary documents (such as revocable trusts) to contain alternate provisions. Documents could provide for one set of dispositions in case the estate tax is in effect and another set in case there is estate tax repeal. As always, documents should be drafted with flexible provisions that can be adjusted for future changes. If the estate tax is repealed, repeal may only be temporary. Even if estate tax repeal is permanent, the estate tax could always be reinstated by future legislation. Lifetime planning. Lifetime gifts are often made to reduce the estate tax that would otherwise be incurred at death. This analysis should also take into account any capital gains tax, if assets are sold. This analysis can be done if you can reasonably determine what the estate tax and basis step-up rules would be at death. Since there is uncertainty whether the estate tax will be repealed at a person s death, or whether there will be a basis stepup, the tax consequences of making a current gift may have to be compared with at least 3 possible estate tax scenarios: (1) Estate tax and basis step-up, as under current law; (2) Estate tax repeal and basis step-up, as under the House Bill; and (3) Estate tax repeal and carryover basis, as might be the case if estate tax repeal and basis step-up is too expensive. This will obviously make planning more challenging, because you are comparing multiple scenarios, and there may likely be inconsistency as to which strategy achieves the best result. 3

CORPORATE TAXES Top C-Corporate Rate 35% 20% --methods to reduce the double taxation of corporate earnings may also be considered 20% (personal service corporations subject to a 25% rate) AMT Parallel tax calculation with top rate of 20% Aims to eliminate Business Investments Limited immediate expensing; balance subject to depreciation Immediate expensing for cost of new investments in depreciable assets (other than structures) made after September 27, 2017, for at least 5 years Immediate expensing for qualified property acquired and placed in service after September 27, 2017 and before January 1, 2023 (with additional year for certain property) Interest Expense No limitation Deduction for net interest expense incurred by C- corporations will be partially limited Limited to 30% of a business s adjusted taxable income; full deduction for small businesses with gross receipts of $25 million or less PASS-THROUGH ENTITY TAXES Top Rate: Pass-Through Entities (S-corporations, LLCs, LLPs and Partnerships) /Sole Proprietorships Subject to tax at individual rates up to 39.6% 25% -- with measures to prevent recharacterization of personal income into business income to prevent wealthy individuals from avoiding the top tax rate 25% rate for portion of net income treated as qualified business income, which is generally 30% of the net business income derived from active business activities, with remaining 70% subject to ordinary individual rates; May elect to apply a formula to determine a percentage greater than 30% for capital-intensive business; Passive owners generally entitled to 25% rate on all business income Pass-Through Entities Service Businesses Portion of net income treated as qualified business income, for service business (e.g. accounting, law, consulting, investing, etc.) generally 0%; May elect to apply a formula to determine a percentage greater than 0% for capital-intensive service business provided minimum capital is at least 10% 4

OBSERVATIONS PASS-THROUGH ENTITIES The House Bill fundamentally changes the taxation of many pass-through entities (sole proprietorships, partnerships, LLCs, LLPs and S-corporations) by allowing qualified business income to be taxed at a preferential rate of 25%. There would be no benefit for married taxpayers with taxable income below $260,000 (or single taxpayers below $200,000) because they would already be in a 25% or lower bracket for 2018. Taxpayers who are passive owners in a business would be eligible for the 25% rate on all their business income. However, taxpayers who are active owners would be eligible for the 25% rate on only a portion of their business income (generally 30%, but perhaps greater if the business is capital intensive). While upper-income wage earners in hightax states generally do not fare well under the House Bill, taxpayers with substantial income from pass-through businesses should see a tax benefit compared with current law, since the weighted average rate of business income would be approximately 35%8F9. Capital gains, dividends, and other preferential income from a business would not be considered business income and would continue to be taxed at preferential tax rates. Owners of service businesses (e.g., law, accounting, consulting, etc.) generally would not be eligible for the 25% rate, unless at least 10% of their business income is derived from capital (as determined by proposed tax rules), and then only to such extent. CORPORATE INTERNATIONAL TAXES International Corporate Tax Scope Worldwide with deferral available Territorial; 100% exemption for dividends from foreign subsidiaries (in which U.S. parent owns at least a 10% stake) 100% of foreign-source portion of dividends paid by foreign corporation to U.S. corporate shareholder (that owns at least 10%) would be exempt from U.S. taxation One-Time Deemed Repatriation of Foreign Earnings No Deemed repatriation of foreign earnings accumulated overseas subject to two unspecified tax rates (for cash and nonliquid assets) U.S. shareholders owning at least 10% of a foreign corporation would be taxed on post-1986 net foreign earnings and profits (12% on earnings and profits comprising cash or cash equivalents; 5% on remaining earnings and profits); may elect to pay tax over a period of up to 8 years, in equal annual installments OTHER PROVISIONS There are other provisions of note that are not included in the charts above. Roth recharacterization no longer allowed. Under current law, if you convert a traditional IRA to a Roth IRA, you can recharacterize that conversion within certain time limits, in effect undoing it. For tax years beginning after 2017, the House Bill repeals this rule, meaning you can no longer recharacterize a Roth conversion. From the current language of the effective date, it is unclear whether this would prevent a 2017 Roth conversion that has already occurred from being recharacterized in 2018. 5

Sale of principal residence exclusion. Under current law, up to $250,000 of gain ($500,000 if filing jointly) on the sale of a principal residence may not be taxed. Among the requirements is that the principal residence be owned and used as your principal residence for two out of the last five years. You can use this rule only once every two years. This exemption is available regardless of income. For sales after 2017, the House Bill makes three changes. First, the principal residence must be owned and used as your principal residence for five out of the last eight years. Second, you can use this rule only once every five years. Third, the amount of gain that can be excluded is phased out dollar for dollar for average modified AGI over $250,000 ($500,000 for joint filers) for the taxable year and two preceding taxable years. For joint filers, this means that if average modified AGI is $1,000,000, the exclusion is fully phased out and would not be available. Nonqualified deferred compensation. For nonqualified deferred compensation, generally you do not take that compensation into income until the year you receive it (and the employer s deduction is postponed until that time). This is true even if there is no risk that you might forfeit that compensation. That is, even if the deferred compensation is not dependent on future service, it is still the case that you will not be taxed on it until it is received (assuming that the other requirements of nonqualified deferred compensation, such as Section 409A, are satisfied). Under the House Bill, even if you have not received it, you are taxed on deferred compensation as soon as there is no substantial risk of forfeiture with regard to that compensation (i.e., receipt of the compensation is not subject to future performance of substantial services). This new rule would apply to deferrals attributed to service performed after 2017. For compensation already deferred, this will first apply in 2025. Like-kind exchanges. Currently real estate and personal property can qualify for a tax-deferred likekind exchange. (The property must be held either for investment or for use in a trade or business.) Under the House Bill, like-kind exchanges will be available only for real estate, not personal property. This will end, for example, like-kind exchanges of art. This new rule is effective for transfers after 2017. However, there is a transition rule to allow like-kind exchanges of personal property to be completed if you have either disposed of the relinquished property or acquired the replacement property on or before December 31, 2017. 529 Savings Plans. Currently, funds in 529 Saving Plans can be used tax-free for higher education expenses. Under the House Bill, up to $10,000 per year could be used for elementary and high school tuition. Charitable Gifts. A charitable contribution deduction is currently limited to a certain percentage of the individual s adjusted gross income (AGI), and this limitation varies depending on the type of property contributed and the type of exempt organization receiving the property. In general, cash contributed to public charities, private operating foundations, and certain non-operating private foundations may be deducted up to 50% of the donor s AGI. Under the House Bill, this 50% limitation would be increased to 60%. The provision would retain the 5-year carryover period to the extent that the contribution amount exceeds 60% of the donor s AGI. Investment Expenses and Investment Interest. Not all itemized deductions are repealed. Without any explanation, the House Bill retains itemized deductions for investment interest expenses and 6

investment expenses. Under current law, investment expenses are deductible as a miscellaneous itemized deduction if, and to the extent, they exceed 2% of AGI. Without the AMT, this expense could be more meaningful for upper-income taxpayers. The deduction for investment interest also remains untouched and, as under current law, would be limited to investment income. CONCLUSION The path to tax reform is lined with political potholes, distractions and legislative hurdles. However, a unified Republican Congress and Republican Administration may provide a narrow path for tax law changes or even more sweeping reform. None will be easy; all will be controversial. However, without an understanding of the current law and the current proposals, year-end planning will be more difficult. While it is always best to plan based on actual law, rather than proposals, it is also wise to understand the implications that various proposals can have on your particular tax situation. National Wealth Planning Strategies 1 Inflation-adjusted amounts for 2017. 2 The Unified Framework for Fixing Our Broken Tax Code was released by the Congressional Republicans and the White House on September 27, 2017. 3 Tax Cuts and Jobs Act (HR 1), dated November 2, 2017, as modified by Chairman Brady and House Ways and Means Committee on Nov. 3 and 6, 2017. 4 Although no detail was included in the September 27 Unified Framework, comments by the Administration appear to indicate the elimination of preferential tax treatment. 5 As amended by House Ways and Means Committee on November 6, 2017. 6 There are nine states that impose no state income tax: AK, FL, NH, NV, SD, TN, TX, WA and WY (NH and TN impose a tax only on dividends and interest). 7 For illustration purposes, assumes the following itemized expenses: charitable gifts $10,000, real estate tax $30,000 (limited to $10,000 under the proposal), mortgage interest of $15,000, and appropriate state income taxes, where applicable. 8 A surtax on high-income taxpayers would be imposed by phasing out the lowest (12%) tax bracket. This would result in an additional 6% tax on income between $1,200,000 and $1,614,000 for married taxpayers, resulting in additional tax of up to $24,840. A similar rule applies to single taxpayers at different thresholds. 9 At least 30% of the business income would be taxed at a favorable 25% rate, and 70% of the business income would be taxed at rates up to 39.6%, resulting in a weighted average rate of about 35%. IMPORTANT: This publication is designed to provide general information about ideas and strategies. It is for discussion purposes only since the availability and effectiveness of any strategy are dependent upon your individual facts and circumstances. Clients should always consult with their independent attorney, tax advisor, investment manager, and insurance agent for final recommendations and before changing or implementing any financial, tax, or estate planning strategy. Neither U.S. Trust nor any of its affiliates or advisors provide legal, tax or accounting advice. Clients should consult with their legal and/or tax advisors before making any financial decisions. U.S. Trust operates through Bank of America, N.A., and other subsidiaries of Bank of America Corporation. Bank of America, N.A., Member FDIC. 2017 Bank of America Corporation. All rights reserved. NWPSHouseHR1 November 2017 7