Family Wealth Services 2013 year-end tax planning considerations for high-net-worth individuals and families

Similar documents
2017 INCOME AND PAYROLL TAX RATES

Individual year-end planning and tax law updates

HERMENZE & MARCANTONIO LLC ADVANCED ESTATE PLANNING TECHNIQUES

Tax Planning Considerations for 2015

CLIENT ALERT - ESTATE, GIFT AND GENERATION-SKIPPING TRANSFER TAX

e-pocket TAX TABLES 2014 and 2015 Quick Links:

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

2013 YEAR-END INCOME TAX PLANNING FOR INDIVIDUALS

WILLMS, S.C. LAW FIRM

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

House-Senate agreement sets the stage for major tax law

Year-End Tax Planning Summary December 2015

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

The current tax landscape and planning opportunities for clients

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

e-pocket TAX TABLES 2016 and 2017 Quick Links: 2016 Income and Payroll Tax Rates 2017 Income and Payroll Tax Rates

2018 Tax Planning & Reference Guide

THE AGENDA YEAR END TAX PLANNING

901 East Cary Street, Suite 1100, Richmond, VA

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

2012 TO 2013 TAX TRANSITIONS SUMMARY

2018 Year-End Tax Reminders

Tax planning: Charitable giving and estate planning

Year-End Tax Planning Letter

2018 Year-End Tax Planning for Individuals

HOW TO DEAL WITH INCOME AND ESTATE TAX TIMEBOMBS

Estate and gift tax provision highlights

2017 Year-End Tax Reminders

From: James G. Muir. Sierra Group, Ltd Canyon Oaks Trail Suite 3 Milford MI

Year End Tax Planning for Individuals

Year-End Tax Planning Letter

McGladrey files comments on new 3.8 percent investment income tax

Key Provisions of 2017 Tax Reform

NAVIGATING THE 2012 TO 2013 TAX LANDSCAPE

Tax Bulletin: 2017 Year-End Tax Planning Considerations

Year-End Tax Planning Summary December 2018

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

2018 Year-End Tax Planning Tips

Estate Planning and Income Tax Considerations After the American Taxpayer Relief Act of 2012

TAX REFORM: WHAT THE LAW WILL BE IN 2018

Tax Reform Legislation: Changes, Impacts, Planning Considerations

WEALTH STRATEGY REPORT

SDK s Annual Tax Update

INDIVIDUAL INCOME TAX UPDATE AND ESTATE/INSURANCE PLANNING

Year-End Planning 2017

2016 YEAR- END TAX AND WEALTH TRANSFER PLANNING

MICKEY R. DAVIS AND MELISSA J. WILLMS DAVIS & WILLMS, PLLC HOUSTON, TEXAS APRIL 25, 2018

2017 Tax Planning Tables

2014 TAX UPDATE. Income Tax Changes. March 2014

2017 INDIVIDUAL TAX PLANNING

Year-End Tax Moves for Income Tax Rates for 2015

LAST CHANCE 2017 INCOME TAX MINIMIZATION TIPS

Effective Strategies for Wealth Transfer

2016 Tax Planning Tables

Estate Planning under the New Tax Law

YOUR GUIDE TO IDENTIFYING YOUR TAX RETURN OPPORTUNITIES

Tax Season Insights with Ernst & Young. March 29, 2019

tax strategist the A simple plan Installment sale offers alternative to complex estate planning strategies Balance competing

Tax Topics /24/14. Blanche Lark Christerson Managing Director, Senior Wealth Planning Strategist

Memorandum FILE. Naim D. Bulbulia, Esq. Estate Planning Primer

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

2018 tax planning guide

Estate And Legacy Planning

2018 tax planning tables

RBC Wealth Management Services

planning tables Investment and Insurance Products: NOT FDIC Insured NO Bank Guarantee MAY Lose Value

GMS SURGENT 2014 YEAR-END TAX SAVING TIPS

2017 YEAR END PLANNING

2016 Year-End Tax-Planning Letter

2017 Year-End Tax Planning

A Guide to Estate Planning

2013 NEW DEVELOPMENTS LETTER

ESTATE PLANNING 1 / 11

What the New Tax Laws Mean to You

Year-End Tax Tips for Individuals

Tax Planning. in a Changing World. Eric Hormel CPA, Shareholder November 7, 2012

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

Estate Planning. Uncertain Times. IRS Circular 230 Disclosure

S&P Capital IQ Financial Communications Tax Guide. What You Need to Know About the New Rules

Year-end Tax Moves for 2015

Individual Year-End Tax Planning for 2016

Investment and Estate Planning Opportunities for High Net Worth Individuals in 2013

Shumaker, Loop & Kendrick, LLP. Sarasota 240 South Pineapple Ave. 10th Floor Sarasota, Florida

Key Numbers 2017 Presented by Nancy LaPointe

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

Bryan Health March 27, 2014 Wills, Trusts and Fiduciary Administration (and Other Life and Death Issues)

IMPACT OF THE ELECTION President-Elect Trump proposes significant changes to the tax law including:

YEAR-END INCOME TAX PLANNING FOR INDIVIDUALS Short Format

*Brackets adjusted for inflation in future years.

Examining the Tax Cuts and Jobs Act

Reunion Weekend 2018

What s New That Affects You? A Snapshot of Tax Law for Your Return

TMS Wealth Management Conference. Southwest Mississippi Community College. Presented by: Benny Jeansonne, CPA/ABV, CVA Peyton Cavin, CPA

MARKET TREND: With the enactment of exemption portability, clients may dismiss the need for lifetime estate planning, to their detriment.

Gregory W. Sampson Looper Reed & McGraw, P.C

Davis & associates, p.a. Certified Public Accountants and Consultants

2017 Year-End Tax Planning Information

*Brackets adjusted for inflation in future years.

Using Advanced Irrevocable Trusts for Income and Estate Tax Savings: Making 2012 Count

Planning Opportunities in Light of ATRA 2012: What Do We Do Now?

Transcription:

Family Wealth Services 2013 year-end tax planning considerations for high-net-worth individuals and families Dec. 3, 2013

Today s presenters Randy Abeles Family Wealth Services National Practice and Great Lakes Region Leader Principal, Chicago randy.abeles@mcgladrey.com Mathew Talcoff Family Wealth Services Northeast Region Leader Partner, Boston mathew.talcoff@mcgladrey.com Michael Radford Family Wealth Services Southeast Region Leader Partner, Charlotte michael.radford@mcgladrey.com 1

Agenda Topic Minutes Welcome 10 Individual tax planning 30 Estate and gift tax planning 20 2

Income tax planning Year-end planning strategies

Then and now income tax rate changes The tax impact of increased rates (assuming maximum tax bracket) 2012 2013 Maximum bracket 35% 39.6% Capital gains 15% 20% Qualified dividends 15% 20% Phase-out of itemized deductions 0% 3% Phase-out of personal exemptions 0% 2% Social Security tax 4.2% 6.2% Medicare surcharge on unearned net investment income Medicare surcharge on earned W-2 wages and self-employment income 0% 3.8% 1.45% 2.35% 4

2013 individual income tax rates Tax rate Single Married filing jointly 10% $0-$8,925 $0-$17,850 15% $8,926-$36,250 $17,851-$72,500 25% $36,251-$87,850 $72,501-$146,400 28% $87,851-$183,250 $146,401-$223,050 33% $183,251-$398,350 $223,051-398,350 35% $398,351-$400,000 $398,351-$450,000 39.6% Over $400,000 Over $450,000 5

2013 alternative minimum tax rates Tax rate Single Married filing jointly 26% $0-$179,500 $0-$179,500 28% Over $179,500 Over $179,500 Exemption $51,900 $80,800 Phase-out $115,400-$323,000 $153,900-$477,400 6

Example: Phase-out of personal exemptions Gross salary $400,000 Itemized deductions $35,000 Personal exemptions $15,000 (married, two children) Phase-outs for AGI > $300,000 ($250,000) 2012 taxable income would be $350,000 2013 taxable income is higher at $365,000 - Personal exemption phased out at rate of 2 percent * AGI excess / $2,500) 2 percent * ($400,000 - $300,000) / $2,500 = 80 percent phase-out (lose $12,000) - At approximately $425,000, all phased out 2 percent * ($425,000 - $300,000) / $2,500 = 100 percent phase-out 7

Example: Phase-out of itemized deductions Gross salary $400,000 Itemized deductions $35,000 Personal exemptions $15,000 (married, two children) Phase-outs for AGI > $300,000 ($250,000) 2012 taxable income would be $350,000 2013 taxable income is $365,000 - Itemized deductions phased out at rate of 3 percent * AGI excess - AGI of $400,000 results in $3,000 in lost deductions 3 percent * ($400,000 - $300,000) = $3,000 in lost deductions 8

Bush rates remain, but. Bush-era rates still apply to first $450,000 ($400,000) of taxable income - New marginal rate above $450,000 of taxable income 39.6 percent on ordinary income (including short-term capital gains) up from 35 percent 20 percent on long-term capital gains up from 15 percent 3.8 percent for Social Security or section 1411 tax 1.2 percent of AGI (estimate for impact of phase-outs) - Total marginal tax rate 43.4 percent (44.6 percent) for ordinary income 23.8 percent (25 percent) for long-term capital gains and qualified dividends - Planning to reduce 3.8 percent tax is possible 9

Year-end income tax planning strategies Defer ordinary income - Look for deductions depreciation, bonuses - Defer income accounting methods Acceleration of itemized deductions - Cash-basis taxpayer - Charitable deductions (donor-advised, private foundations) The 3.8 percent net investment income tax - Consider grouping elections Harvest capital losses Direct gifts from IRA to charity Roth IRA conversions 10

Planning strategies look for deductions and credits Business deductions flowing to individuals - Section 179 expenses - Bonus depreciation - Work Opportunity Tax Credit (WOTC) - Research and development - Built-in gains for > 5-year-old S corporations Accounting methods Tangible asset and repair review Cash-method taxpayer planning - Timing of payments - Push two years of itemized deductions into one year 11

Planning strategies harvest losses in 2013 and avoid wash sale rules Sell and go to cash for 30+ days - Simple - High-risk proposition that reduces market exposure Pair-up transaction looks for similar securities for 30+ days - Stocks and bonds that have similar price movement - Market options and futures - Mutual funds and ETFs (market, country and sector) 12

Planning strategies charitable giving Consider donating appreciated securities versus cash - Deduction equal to fair market value (FMV) - Avoid capital gains tax Checks Credit cards Donor-advised funds Private foundations 13

AMT planning for 2013 Separate tax system - Deductions limited State and local taxes (consider timing) Property tax deductions (consider timing) Miscellaneous itemized deductions subject to two percent AGI floor Certain home equity interest if debt not used for home improvements - Preferences added back Certain tax-exempt interest Accelerated depreciation Incentive stock options (consider deferring) 14

Section 1411 overview Applicable to 2013 (years beginning after Dec. 31, 2012) Applies to net investment income (NII) Flat rate of 3.8 percent (Medicare surcharge) Thresholds (lesser of excess of MAGI or NII) - Single taxpayers-$200,000 - Married taxpayers-$250,000 - Estates/trusts-$11,950 (consider distribution planning) Examples - Single with $190,000 of wages and $11,000 of interest is taxed on $1,000 - Single with $190,000 of interest and $11,000 of wages is taxed on $1,000 15

Section 1411 overview (cont.) Generally, NII IS: - Trade or business income - Interest - Dividends - Annuities - Royalties - Rents - Net gains from disposition of property - Income from a passive activity In all cases, less any properly allocable deductions Generally, NII is NOT: - Income or gains from any trade or business in which the taxpayer materially participates Applying the passive loss rules of section 469 Exclusion applies even if the income is also exempt from self-employment tax - Salary, wages or bonuses - Distributions from IRAs/qualified plans - Income taken in for selfemployment tax purposes - Gain on the sale of an active interest in a partnership or S corporation - Tax-exempt bond interest - Capital gain excluded under section 121 for primary homes 16

Section 1411 planning section 469 planning Consider grouping of activities to meet material participation - Subject to section 469 regulations - Groupings cannot be changed unless clearly erroneous or material change in facts Examine rents to see if they are part of a larger business activity self rentals 17

Section 1411 planning real estate professional exception Most rental activities are per se passive activities regardless of the extent of the taxpayer's participation Therefore, rental income would generally be subject to the section 1411 tax But, note that certain rentals in connection with active businesses are not treated as rental income Section 469(c)(7)(B): - A taxpayer is a qualifying real estate professional if: More than half of the personal services performed in all trade or business activities during the year are performed in real property trades or businesses in which he/she materially participates, and He/she performs more than 750 hours of services during the tax year in real property trades or businesses in which he/she materially participates - If a client qualifies as a real estate professional, consider election to aggregate all rentals as a single activity to meet the material participation test under section 469 18

Section 1411 planning strategies for reducing net investment income 1. Municipal bond investments 2. Tax-deferred annuities and life insurance 3. Trade or business real estate 4. Oil and gas investments 5. Timing of estate/trust distributions 65 day rule 6. Funds are you active in a trade or business? 7. S corporation distributions rather than wages 8. Installment sales 19

Medicare surcharge on earned income Applicable to 2013 (years beginning after Dec. 31, 2012) Flat rate of 0.9 percent (Medicare surcharge) Applies to earned income Form W-2 and selfemployment income Thresholds - Single taxpayers-$200,000 - Married taxpayers-$250,000 Example 1. Single with $500,000 of self-employment income $200,000@2.9 percent $300,000@3.8 percent Planning S corporation distributions, shifting income and expenses, self-rentals 20

Income tax planning summary Many changes in 2013 Opportunities exist Five major factors to consider 1. Income tax 2. AMT 3. Phase-outs of exemptions and itemized deductions 4. Net investment income Medicare surcharge 5. Earned income Medicare surcharge 21

Estate and gift tax planning Year-end planning strategies

Summary of the estate, gift and GST rules Unified estate and gift tax system - Maximum tax rate increased from 35 to 40 percent - Lifetime credit equivalent of $5.25 million Permanently indexed for inflation from 2011 - $5.34 million for 2014 - Portability of deceased spouse s lifetime exemption has been made permanent - Estate, gift and GST changes have been made permanent 23

Estate, gift and GST tax rates Maximum tax rate increased from 35 to 40 percent - The midpoint between the 2012 rate of 35 percent and the 2009 rate of 45 percent - 40 percent rate produces a tax-exclusive gift tax rate of about 28.57 percent, if the donor survives three years 24

Estate, gift and GST lifetime exclusion The 2013 $5.25 million lifetime exclusion - The estate and gift tax calculation is now unified $5.25 million serves as a planning bank, whereby this lifetime exemption can be offset by accumulated taxable gifts and the estate - GST exemption is also $5.25 million, but is not unified The GST bank is used only against transfers that skip a generation Gifts made to children do not impact the GST exclusion 25

Estate, gift and GST lifetime exclusion (cont.) Since the $5.25 million lifetime exclusion was made permanent, do I still need to plan? - You want specific assets (or amounts) to pass to certain beneficiaries - You want to leave property to a trust for beneficiaries instead of leaving property to beneficiaries outright - You have, or anticipate having, an estate large enough to require payment of estate tax - You want to protect your assets from potential claims by your creditors and beneficiaries - You or your spouse is not a U.S. citizen 26

Portability is made permanent Portability of deceased spouse s lifetime exemption is made permanent (does not apply to GST exemption) Surviving spouse can bank the unused portion of the deceased spouse s lifetime exclusion by timely filing a Form 706 Impacts estates that do not have an A/B formula - Most living trusts already account for the deceased spouse s lifetime exemption - If desire is to pass estate to surviving spouse, then this can now be done without adversely impacting the estate tax cost 27

Is it really permanent? Bipartisan support - Approved in the Senate 89-8 - Approved in the House 257-167 Issues - Was bipartisan support driven by the calendar? - Will permanency be impacted by elections in 2014 or 2016? - FY14 Greenbook revives the proposal to return estate, gift and GST taxes to their 2009 levels but retain portability beginning in 2018 45 percent rate $3.5 million for estate & GST exemption $1 million of the gift tax exemption Conclusion plan for the now! 28

Planning for the now tip #1 Who s affected: Married couples and their loved ones Planning tip: Consider credit shelter (or bypass) trust at the first to die Portability is a federal concept, and currently, no states allow portability of a deceased spouse s state exemption amount Portability does not protect future growth on assets If the surviving spouse eventually remarries, the ability to use the deceased spouse s exemption may be lost. You can only use the exemption of the last spouse you survived 29

Planning for the now tip #2 Who s affected: Families and their loved ones Planning tip: You may pay tuition and medical expenses without the payment being treated as a taxable gift, as long as the payment is made directly to the provider Tuition is not limited to college tuition; any qualified school s tuition can be excluded Medical expenses include co-pays and health insurance premiums 30

Planning for the now tip #3 Who s affected: Individuals who own life insurance Planning tip: Assign life insurance policies (including group term) to irrevocable life insurance trust Assets are removed from your gross estate Trust can be drafted to provide for surviving spouse and future generations 31

Planning for the now tip #4 Who s affected: Families who are just starting to plan Planning tip: Gifts up to $14,000 per recipient are generally covered by the gift tax annual exclusion and are not subject to gift tax. The annual exclusion is adjusted for inflation in increments of $1,000. Plan to take full advantage of annual exclusion gifts prior to considering more advanced planning In 2013, a couple with three married children could give $168,000 without incurring a taxable gift 32

Planning for the now tip #5 Who s affected: Individuals who have significant wealth in a residence or second home Planning tip: A qualified personal residence trust (QPRT) allows you to give your home to your children today removing it from your taxable estate at a reduced tax cost (provided you survive the trust s term) while you retain the right to live in it for a certain period 33

Planning for the now tip #6 Who s affected: Individuals holding property with the potential for significant appreciation Planning tip: A grantor-retained annuity trust (GRAT) works similarly to a QPRT but allows you to transfer other assets; you receive payments from the trust for a certain period 34

Planning for the now tip #7 Who s affected: Owners of closely held business interests Planning tip: You can leverage your gift tax exclusions and exemption by gifting ownership interests, which may be eligible for valuation discounts For example, if the discounts total 30 percent, you can gift an ownership interest equal to as much as $20,000 tax-free because the discounted value does not exceed the $14,000 annual exclusion Warning: A professional, independent valuation is recommended 35

Planning for the now tip #8 Who s affected: Families of significant wealth Planning tip: A GST or dynasty trust can help you leverage both your gift and GST tax exemptions, and it can be an excellent way to potentially lock in the currently high exemptions The wealth accumulated in the trust thereafter avoids both estate and GST tax at each subsequent generation until such time as the trust terminates 36

Planning for the now tip #9 Who s affected: Families that already have a plan Planning tip: The indexing feature applied to the $5.25 million exclusion amount provides its own unique planning opportunity One can reasonably expect that the annual increase will be not less than 2 percent. At 2 percent, the annual increase should not be less than $100,000 in any given year Consider instituting a program of transferring the annual index increase at the beginning of each calendar year 37

Planning for the now tip #10 Who s affected: Families of significant wealth Planning tip: Don t overlook the advantages of gifts made to a grantor trust. If the grantor retains certain powers, the income of the trust is taxed to the grantor Interestingly, the retention of some of these powers will not cause the trust to be disregarded for transfer tax purposes 38

Planning for the now tip #11 Who s affected: Families that already have a plan Planning tip: If you have an existing GST trust that has an inclusion ratio of between zero and one (a trust where a distribution to a skip person would be partially subject to GST), you should consider allocating the increased exemption to such a trust 39

Planning for the now tip #12 Who s affected: Families of significant wealth Planning tip: The effective tax rate for gifts is always lower than for bequests because they share the same rate structure. Thus, the tax exclusive nature of the gift tax makes gifting a generally more efficient method of transferring wealth 40

Key planning strategies unchanged for now Valuation discounts - Democratic proposal eliminate valuation discounts on select asset transfers (gifts or sales) to related parties Grantor Retained Annuity Trusts (GRATs) - Democratic proposal require a minimum 10-year GRAT term Intentionally Defective Grantor Trusts (IDGTs) - Democratic proposal eliminate the gift and income tax benefits associated with IDGTs Dynasty trusts - Democratic proposal require a transfer tax to be paid on the 90th anniversary date of the irrevocability of the trust 41

Thank you Randy Abeles Family Wealth Services National Practice and Great Lakes Region Leader Principal, Chicago randy.abeles@mcgladrey.com Mathew Talcoff Family Wealth Services Northeast Region Leader Partner, Boston mathew.talcoff@mcgladrey.com Michael Radford Family Wealth Services Southeast Region Leader Partner, Charlotte michael.radford@mcgladrey.com 42

Disclaimer The information contained herein is general in nature and based on authorities that are subject to change. McGladrey LLP guarantees neither the accuracy nor completeness of any information and is not responsible for any errors or omissions, or for results obtained by others as a result of reliance upon such information. McGladrey LLP assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect information contained herein. This publication does not, and is not intended to, provide legal, tax or accounting advice, and readers should consult their tax advisors concerning the application of tax laws to their particular situations. Circular 230 Disclosure This analysis is not tax advice and is not intended or written to be used, and cannot be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer. McGladrey LLP is the U.S. member of the RSM International ( RSMI ) network of independent accounting, tax and consulting firms. The member firms of RSMI collaborate to provide services to global clients, but are separate and distinct legal entities which cannot obligate each other. Each member firm is responsible only for its own acts and omissions, and not those of any other party. McGladrey, the McGladrey signature, The McGladrey Classic logo, The power of being understood, Power comes from being understood and Experience the power of being understood are trademarks of McGladrey LLP. McGladrey LLP www.mcgladrey.com