TAX LAW UPDATE: ITS IMPACT & PLANNING FOR 2012 AND THE FUTURE The Guru Tax & Financial Services, Inc. Satya B. Mitra Ph.D., E.A., CFP® 508-797-0005 U. S. INCOME TAX HISTORY In 1913 tax revenue was 3% of GDP Currently it is 15-20% of GDP Noteworthy changes from FDR to Reagan to Clinton to George W. Bush WHERE DO YOUR TAXES GO? CURRENT MAJOR FACTORS TO IMPACT TAX LAWS High U.S. debt: $16T Huge budget deficit, 2011: $1.3T Stubborn unemployment Cost of social security / health care 78 million retiring baby boomers Growing political discontent & disagreement Presidential election result INCOME TAX RATES Income tax brackets (married filing jointly) 36% / 39.6% brackets return CAPITAL GAINS RATES Long-term capital gains rates are scheduled to increase from 0 to 10% for the 10 and 15% brackets. DIVIDEND RATES Dividend rates could increase from 15% to 36% or 39.6% depending on a taxpayer’s marginal tax rate MEDICARE EXCISE TAX EXTRA 3.8% TAX LIABILITY ON UNEARNED INCOME FOR AGI OVER $200,000 (SINGLE) AND $250,000 (MFJ) Capital gain Dividends Interest Royalty Net rental income Long-Term Capital Gain Every $10,000 Capital Gain Tax at 20% $2,000 Medicare Excise Tax at 3.8% $380 Total Tax Due: $2,380 CHANGE IN MEDICARE TAX FOR HIGH EARNING EMPLOYEES Additional 2.35% on earnings over $250,000.00 AMT PATCH EXPIRING: A HUGE IMPACT 4 MILLION IN 2011 EXPECTED 31 MILLION IN 2012 AMT IN 2013? GIVE YOUR GIFT IN 2012: GIFTING IN 2013 COULD BE COSTLY. LIMIT CHANGES FROM $5.12M TO $1M!!! ESTATE PLANNING AND HIGHEST ESTATE TAX RATES Jump from 35% to 55% in 2013 Exemption amount in 2012 is $5.12M Expected to go down to $1M in 2013 DIRECT DONATION OF IRA DISTRIBUTION TO CHARITY NOT AVAILABLE IN 2012 DEDUCTIONS EXPIRED FOR YEAR 2012 Mortgage insurance premium Classroom expenses ($250) for teachers General sales tax vs. State income tax deduction Non business energy efficiency credit OTHER SIGNIFICANT TAX LAWS EXPIRING AFTER YEAR 2012 Social security 2% tax cut $1,000 child tax credit 7.5% medical expense deduction Full use of deductions and exemptions $2,500 American opportunity tax credit Enhanced depreciation Exemption from mortgage debt forgiveness DECLARTION OF FOREIGN BANK ACCOUNT AND FOREIGN ASSETS Offshore Voluntary Disclosure Program (OVDP) Possible serious penalties and tax liability ELECTION IMPACT President Obama Renew the cuts for those making under $250,000 Have wealthy pay their fair share Mitt Romney Maintain lower income tax rates Make Bush tax cuts permanent for savings and investments PLANNING STRATEGY (PART 1) • • • • • • Income acceleration & income deferral Deductions acceleration & deductions deferral Keep AMT in equation before exercising stock options Sell assets with gain in 2012 Consider yearly dividend earnings from investments High net worth tax payers consider $5M lifetime gifting to reduce estate tax PLANNING STRATEGY (PART 2) Business owners plan on setting up right retirement plan, hiring veterans, purchasing vehicles over 6,000 pounds Hire your children under 18 in your business Invest in municipal bonds, growth oriented mutual funds, annuity, life insurance Consider Roth IRA conversion Contribute appreciated stocks to charity AUDITS IRS, DET and state audits have significantly increased Keep good records Proofs of all deductions for at least 3 years FUTURE OF TAX LAW, THE ELECTION, LEGISLATION BY CONGRESS AFTER ELECTION, THE EXTENSION OR REPEAL OF BUSH TAX LAWS… ALL ABSOLUTELY UNCERTAIN. STAY TUNED. THE MESSAGE TO YOUR CLIENT IS “PLAN” Pay Less Act Now THANKS FOR YOUR ATTENTION