the fiscal cliff

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©2012 CliftonLarsonAllen LLP 1 1 ©2012 CliftonLarsonAllen LLP The Fiscal Cliff Tax Policy Outlook for 2013

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The Fiscal Cliff. Tax Policy Outlook for 2013. The Fiscal Cliff. Agenda Overview and Potential Impact Expiring Tax Provisions New Tax Provisions Other Tax Issues (“Extenders”, Depreciation) Candidate Proposals Planning Ideas. The Fiscal Cliff. Overview – What is the Fiscal Cliff? - PowerPoint PPT Presentation

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Page 1: The Fiscal Cliff

©2012 CliftonLarsonAllen LLP1 111

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The Fiscal Cliff

Tax Policy Outlook for 2013

Page 2: The Fiscal Cliff

©2012 CliftonLarsonAllen LLP2

The Fiscal Cliff

Agenda

• Overview and Potential Impact• Expiring Tax Provisions• New Tax Provisions• Other Tax Issues (“Extenders”, Depreciation)• Candidate Proposals• Planning Ideas

Page 3: The Fiscal Cliff

©2012 CliftonLarsonAllen LLP3

The Fiscal Cliff

Overview – What is the Fiscal Cliff?

A convergence of several laws that are set to take effect on January 1, 2013• Expiration of Bush and Obama tax cuts• Addition of new taxes (Health Care Act, etc.)• Reduction in government spending due to sequesters

required by the Budget Control Act of 2011

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©2012 CliftonLarsonAllen LLP4

The Fiscal Cliff

Estimated Impact of the Fiscal Cliff

• Taxes increase by over $500 billion in 2013• Average tax increase of almost $3,500 per household• Tax increase to be felt by about 90% of Americans• Average marginal tax rates would increase by 5% on

labor income, 7% on capital gains, and more than 20% on dividends

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©2012 CliftonLarsonAllen LLP5

The Fiscal Cliff

Federal taxes are scheduled to rise in 2013 for six reasons:1. Expiration of Bush-era tax cuts from 2001 and 20032. Expiration of Obama tax cuts from the 2009 and 2010

Tax Acts.3. Many short-term tax breaks are set to expire if not

extended by Congress.4. Expiration of the payroll tax cut.5. New taxes from the Affordable Care Act6. Alternative Minimum Tax (AMT) more prevalent due to

the above changes and the expiration of the patch in 2011.

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©2012 CliftonLarsonAllen LLP6

The Fiscal Cliff

Expiring Tax Provisions

• Reduced tax rates – lowered for all brackets• Repealed the limitation on itemized deductions and

the phaseout of personal exemptions• Doubled the child tax credit from $500 to $1,000• Eliminated marriage penalty• Reduced taxes on capital gains• Reduced taxes on dividends• Payroll tax cut (Social Security tax cut 2%)

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The Fiscal Cliff

New Tax Provisions – Affordable Care Act

• Additional 0.9% Medicare tax on wages above $250,000 for MFJ; $200,000 for single.

• Increased the AGI threshold for deducting medical expenses from 7.5% to 10%.

• Medicare Contribution Tax - 3.8% surtax on net investment income

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The Fiscal Cliff

The Medicare Contribution Tax

• Calculated as 3.8% of the lesser of:o Net investment income; oro The excess of the taxpayer’s AGI over a threshold

of $200,000 for single; $250,000 for MFJ.• No tax if no investment income

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The Fiscal Cliff

The Medicare Contribution Tax – Continued

Net investment income is defined as the sum of:1. Gross income from interest, dividends, annuities,

royalties, and rents, unless derived in the ordinary course of a business;

2. Income from a business in which the taxpayer does not personally materially participate;

3. Capital gains and other net gains from the disposition of property

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The Fiscal Cliff

The Medicare Contribution Tax – Continued

Exclusions from definition of Net Investment Income:• Active business income• Qualified retirement plan distributions (Social

Security earnings, IRA distributions, 401(k) distributions, etc.)

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The Fiscal Cliff

“Extenders” Tax Provisions

Many short-term tax provisions that Congress regularly extends, known as “extenders,” have either already expired or will expire by the end of 2012. These are as follows:• Deductibility of state and local sales taxes• Deduction for qualified education expenses• R&D tax credits

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The Fiscal Cliff

“Extenders” Tax Provisions – Continued

Depreciation Changes – severely hinder business owners’ ability to manage their tax liabilities. • Bonus depreciation allowed for immediate write-off of

cost of qualifying property (new property only, could claim even if loss)

• Section 179 also allows for immediate write-off (new and used property qualifies, cannot create a loss, phased out for larger taxpayers)

• Both applicable for regular tax and AMT (i.e., no AMT trap)

Page 13: The Fiscal Cliff

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The Fiscal CliffDepreciation Law Changes

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The Fiscal CliffEstate Tax Comparisons

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The Fiscal Cliff

Example of Fiscal Cliff Impact

• Single taxpayer• W-2 = $400,000• Interest Income = $100,000• Qualified Dividends = $100,000• Long-Term Capital Gains = $100,000

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The Fiscal CliffExample of Fiscal Cliff Impact

Employee FICA on Wages (reflects expiration of 2% payroll tax cut)

$10,420 $12,620

Tax on Qualified Dividends $15,000 $39,600Tax on Long-Term Capital Gains $15,000 $20,000Increase from Phase Out of Itemized Deductions

$0 $0

Increase from Phase Out of Personal Exemptions

$0 $1,500

Compression of tax brackets/increase in tax rated (i.e., tax w/out qual divs and LTCGs)

$149,580 $163,080

3.8% Medicare surtax $0 $11,4000.9% Medicare tax $0 $1,800Total Tax Result $190,000 $250,000

Page 17: The Fiscal Cliff

©2012 CliftonLarsonAllen LLP17

The Fiscal CliffComparison of Tax Law Changes

Tax Item 2012 2013Highest Individual Income Tax Rate

35% 39.6%

Capital Gains Tax Rate 15% 20%Highest Dividend Income Tax Rate

15% 40%

Phase Out of Itemized Deductions for Individuals No Phase Out

3% of AGI above approximately $180,000

(not more than 80%).Phase Out of Personal Exemptions

No Phase Out Begins when AGI exceeds approximately $180,000.

Child Tax Credit $1,000/child $500/childMarriage Penalty - Standard Deduction on Joint Return

$11,900 (2 x single deduction)

$9,940 (1.67 x single deduction)

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The Fiscal CliffComparison of Tax Law Changes

Tax Item 2012 2013

Social Security Payroll Taxes on Wages 4.2%

6.2% Increased FICA withholding

in 2013

Additional Medicare Tax on Wages

1.45% for all wagesTax is 2.35% for rates

($250,000 MFJ; $200,000 single). Additional 0.9% tax

Net Investment Income Tax N/A 3.5% surtax

Dependent Care Credit $3,000 ($6,000 for 2 or more children)

$2,400 ($4,800 for 2 or more children)

AMT Exemption (Actually expired beginning of 2012)

Not available $45,000 MFJ; $33,750 Single

Estate Tax Exemption $5,120,000.00 $1,000,000.00

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The Fiscal CliffTax Bracket Comparison - MFJ

Taxable Income Over But Not Over 2012 Tax Rate 2013 Tax Rate$0 $17,800 10% 15%

$17,800 $60,350 15% 15%

$60,350 $72,300 15% 28%

$72,300 $145,900 25% 28%

$145,900 $222,300 28% 31%

$222,300 $397,000 33% 36%

$397,000 --- 35% 39.6%

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The Fiscal CliffPresidential Candidate Proposals

Tax Current President Obama Governor Romney

Top Individual Tax Rate35% (set to increase to

39.6% in 2013)

Extend lower Bush-era tax rates for families making

less than $250,000 a year. Allow tax rate to increase

for rest.

Change to 28%. Reduce individual income

tax rates by 20% for all earners. Eliminate

unspecified deductions to prevent large drop in

revenues.

Top Corporate Tax Rate 35%Change to 28%; create new

incentives for manufacturers.

Change to 25%

Dividends 15% (increasing to 39.6%)Capital gain rates for AGI

<$200,000, otherwise taxed as ordinary income

Eliminate tax on dividends for MFJ taxpayers with AGI

under $200,000 and maintain current rates for those earning more. 15%

for high earners.

Capital Gains 15% (increasing to 20%)20% for high earners.

Maintain existing rate for others.

Same as dividends.

Estate Tax 35% top rate reverting in 2013 to 55%.

45% top rate for estates over $3.5 million.

Repeal estate tax.

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The Fiscal Cliff

Planning Opportunities

Consider a grouping election to group passive activities with active businesses to exclude the income from the 3.8% Medicare Contribution Tax.

– A passive activity is defined as a business activity in which the taxpayer does not materially participate, and any rental activity.

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The Fiscal Cliff

Planning Opportunities – Continued• Grouping Election – allowed if the activities are

considered an appropriate economic unit• Example – Ronald owns two McDonald’s restaurant

franchises, one in Peoria and one in East Peoria. Both are organized as separate S corporations. Ronald actively manages the Peoria McDonald’s but does not participate at all in the East Peoria McDonald’s; his son runs that restaurant. Without a grouping election, the East Peoria McDonald’s activity is passive, which means the income is subject to the 3.8% surtax and losses may not be deductible.

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The Fiscal Cliff

Planning Opportunities – Continued

• Opportunity to also group active business with rental activity.

• Effective in 2011, a written election is required for new groupings.

• Consider a grouping election on the 2012 return

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The Fiscal Cliff

Planning Opportunities – Continued

• Consider selling securities to maximize capital gains. Alternatively, defer security losses to 2013.

• For business owners that are selling or sold their business in ‘12, consider electing out of the installment sale rules to accelerate capital gains at the lower rate.

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The Fiscal Cliff

Planning Opportunities – Continued

• Maximize dividends to exploit favorable tax rateso Extract liquidity from closely held C corporations,

including partial redemptions treated as dividendso S corporations should consider election to treat

distributions as dividends of former C corporation earnings and profits.

o Evaluate timing of IC-DISC dividends

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The Fiscal Cliff

Planning Opportunities – Continued

• Consider exercising non-qualified stock options in 2012 to avoid the 0.9% Medicare tax and higher tax rates in 2013.

• Consider gifting strategies to “lock in” the high exemption amount. Gift exemption is same as the estate exemption for 2012.

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The Fiscal Cliff

Questions?