by Stephen Reed | Accounting News, Estate / Trust Tax - Individual, Estate Planning - Individual, News, Tax
President Biden campaigned on a promise to accomplish his progressive agenda by never raising taxes on citizens making less than $400,000 annually. However, his recent proposal to tax unrealized capital gains at death may impact a broader group. Here’s what to know.
What Are Capital Gains?
A capital gain is the rise in the value of an asset over time. For example, if you buy stock for $50 and its value increases to $200, you have accumulated a capital gain of $150. If you were to sell that stock, the $150 gain is said to be “realized”, but if you were to hold onto it, the gain would be considered “unrealized”.
Biden’s Plan
Biden’s plan to levy a tax on unrealized appreciation of assets passed on at death would be done in a move that eliminates a tax-planning tactic known as a “step-up in basis”. The “step-up in basis” permits heirs to minimize taxes when they sell holdings they’ve inherited because current law dictates that any gains accrued during their lifetimes go tax-free. By taxing the unrealized gain at death, this loophole would be closed and heirs would get hit with taxes upon the transfer. This means that appreciated assets transferred at death would be subject to two taxes: a capital gains tax and an estate tax. While it’s possible that the capital gains tax could be deductible in calculating the estate tax, the total tax increase would be substantial for appreciated assets held at death.
Increasing the Capital Gains Tax
The capital gains tax under Biden’s plan would be more severe than the current framework. The plan would raise the total top rate on capital gains, currently 23.8% for most assets, to 40.8%. It would apply the same tax to unrealized capital gains at death, exempting the first $1 million ($2 million for a married couple) plus $250,000 for a personal residence.
Exceptions and Special Rules
- As noted above, the first $1 million of unrealized gains ($2 million for married couples) would be exempt, as would gains on a personal residence of up to $250,000 ($500,000 for a married couple).
- Taxes on assets transferred to a spouse would be delayed until the surviving spouse dies or sells the inherited assets. Assets donated to charity would be exempt.
- Personal property like household furnishings and personal effects (not including collectibles) would be exempt.
- Some small business stock could be exempt.
- Taxes would be deferred for most family-owned companies until the business is sold or no longer controlled by the family.
- Assets held by trusts and partnerships would be subject to different rules.
- Generally, the tax would pertain to those who die after December 31, 2021.
A Small Number of the Under-$400,000 Set Could be Affected
This plan could interfere with Biden’s oath to avoid increasing taxes on those with incomes below $400,000. Although most descendants will inherit estates far less than the $1 million threshold, there is a subset of citizens with large unrealized gains who live on relatively low incomes. Think of a retiree who depends on Social Security and various savings, but still holds decades-old high-earning stocks. Or consider a widow who has very little assets other than the house that has appreciated in value significantly during the years she’s lived there. If the “step-up in basis” is eliminated by the time an heir inherits the house, they may be subject to significant taxable gains.
by Jean Miller | Estate / Trust Tax - Individual, Estate Planning - Individual, News, Tax Planning - Individual
Before 1997, once a homeowner reached the age of 55, they had the one-time option of excluding up to $125,000 of gain on the sale of their primary residence. Today any homeowner, regardless of age, has the option to exclude up to $250,000 of gain ($500,000 for married couples filing jointly) on the sale of a home.
What Is Capital Gains Tax?
When you sell property for more than you originally paid, it’s called a capital gain. You need to report your gain to the IRS, which will then tax the gain. Home sales can be excluded from this tax as long as the seller meets the criteria.
Who Qualifies for Capital Gains Tax Exemption?
In order to qualify a seller must meet the minimum IRS criteria:
- You’ve owned the home for at least two years.
- You’ve lived in the home as your primary residence for at least two years.
- You haven’t exempted the gains on another home sale in the last two years.
How to Calculate Gains and Losses
By keeping records of the original purchase price, closing costs, and improvements put into the home (you’ll need to present records and receipts when submitting your taxes), you can avoid being taxed on a significant amount of the profit you make when selling your property.
If, for example, you buy your home for $150,000 and put $20,000 into qualifying upgrades, your cost basis would be $170,000. If you sell the home ten years later for $300,000, the ‘gain’ on your house would be $130,000 (sale price – cost basis), which would have no tax implications because you’d have met the required criteria.
What If You Have More than $250k ($500k for married couples) of Gains?
You’ll be taxed for the amount of gains above $250,000 or $500,000 for married couples filing jointly. To help reduce this amount, keep detailed records of any improvements you put into the home as some improvements can be added to your cost basis, and will thus lessen the amount that needs to be reported.
by Stephen Reed | Accounting News, IRS, News, Resources, Tax, Tax Planning, Tax Planning - Individual, Tax Preparation - Individual
Now that our 45th President has officially been inaugurated, many of his campaign claims are beginning to take shape, including his tax plan. However, it seems that President Trump’s plan does not align as closely as one might think with the GOP’s plan, which has primarily been outlined by Republican leader Kevin Brady, Chairman of the House Ways and Means Committee. Below is a brief summary of the ways Trump and Brady’s plans differ and what each could mean for taxpayers.
Tax Brackets
Trump and Brady agree in decreasing the number of tax brackets from seven to three, at 12%, 25% and 33% respectively, but they differ in the income ranges for each bracket. Brady’s rates would simply align with the current rates and brackets, meaning taxes would only increase for those who fall under the 10% tax bracket of current law; they would see their rate rise to 12%. Under Trump’s plan, not only would those in the 10% bracket rise to 12%, but some middle classers could see their rate rise to 33%, namely those who make more than $112,500 per year, whereas presently, the 33% rate was not effective until individual income reached $191,651.
Gains/Dividends Rates
Trump would seek to keep the current capital gains and dividend rates, 0%, 15% and 20%, grouping them with his three desired tax brackets. But, aligning the gains and dividends rates would mean both a tax increase as well as an increase from 15% to 20% in gain and dividend rates for many in that middle tax bracket. Brady’s plan varies in that he would apply his tax rates, 12%, 25% and 33%, to gains and dividends rates, while also allowing taxpayers to deduct 50% of their capital gains and dividends and 50% for interest income. Essentially, while certain taxpayers could see an increase in capital gains and dividends rates under Trump’s plan, all taxpayers would see a decrease in their interest/capital gains/dividends rates under Brady’s plan.
Itemized Deductions
While Trump would look to simplify deductions by capping them all at $100,000 if single and $200,000 if married filing jointly, Brady’s would look to eliminate all itemized deductions other than charitable contributions and mortgage interest deductions. Neither plan would be necessarily problematic for lower and middle classes, but some upper classers may take issue with Trump’s deduction caps, and many states and lobbyists may dislike Brady’s elimination of certain deductions altogether.
Standard Deductions/Personal Exemptions
Trump and Brady do agree on increasing the standard deduction, but Brady would increase the deduction from the current $6,300 to $12,000 (if single); Trump would jump up to $15,000. Both plans would also do away with personal exemptions. Taking away personal exemptions could be problematic for families though, which Trump would seek to alleviate by adding child care incentives (although paying for child care in the first place is necessary to get the incentive), while Brady would simply increase the current child tax credit from $1000 to $1,500.
Trump and Brady do align in their desire to lower business tax rates and eliminate estate taxes, but the execution of both differ as well. President Trump has stayed busy signing executive orders in his first weeks in office, but it does not appear that immediate tax reform is among his changes just yet. It does appear, though, that the Trump administration and the GOP need to refine and better align their respective proposals before presenting a finalized plan for tax reform to the American public.
