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FISCAL CLIFF REDUX 1 © 2012 McDowall Cotter FISCAL CLIFF REDUX Robert D. Vale 3 © 2012 McDowall Cotter Brett S. Lytle 4 © 2012 McDowall Cotter FISCAL CLIFF? In late February 2012, Ben Bernanke, Chairman of the U.S. Federal Reserve, was the first person to use the term "fiscal cliff" for this crisis. Before the House Financial Services Committee he described that "a massive fiscal cliff of large spending cuts and tax increases" would take place on January 1, 2013. 5 © 2012 McDowall Cotter SEQUESTRATIONS Remember Those? Still possible? 6 © 2012 McDowall Cotter ESTATE & GIFT TAXES The Estate and Gift tax remains essentially unchanged from 2012. The estate tax rate was increased from 35% to 40%, but the Unified (Gift and Estate) Tax remains at the 2010 level and will increase annually through an inflation factor. 7 © 2012 McDowall Cotter ESTATE & GIFT TAXES The Estate Tax fix is one which will not need to be re-determined in 2014. The Unified Estate Tax Exemption for 2013 is $5.25 million per person. Give it away now or at death is what makes it “unified”. The same exemption applies to the Generation Skipping Tax which means large gifts can be made to grandchildren without incurring a penalty tax. 8 © 2012 McDowall Cotter ESTATE & GIFT TAXES Portability of the Estate Tax Exemption is now in place and will not be subject to phase out in 2014. Portability = A surviving spouse can use his or her spouse’s unused portion of the Estate Tax Exemption. In order to do so, the surviving spouse will have to file an estate tax return within the time limits prescribed by law. No Generation Skipping Exemption available with Portability. 9 © 2012 McDowall Cotter ANNUAL EXCLUSION Inflation adjusted increase in the annual exclusion amount. The amount an individual can gift to another on an annual basis with no reporting requirement was increased from $13,000 to $14,000. - Remember, payments of tuition and medical expenses directly to the institution or the health care provider are not counted as part of the annual exclusion amount. 10 © 2012 McDowall Cotter INCOME TAX UPDATE 11 © 2012 McDowall Cotter FEDERAL INCOME TAX RATES Rate SF MJF HoHF 10% $0 to $8,925 $0 to $17,850 $0 to $12,750 15% $8,925 to $36,250 $17,850 to $72,500 $12,750 to $48,600 25% $36,250 to $87,850 $72,500 to $146,400 $48,600 to $125,450 28% $87,850 to $183,250 $146,400 to $223,050 $125,450 to $203,150 33% $183,250 to $398,350 $223,050 to $398,350 $203,150 to $398,350 35% $398,350 to $400,000 $398,350 to $450,000 $398,350 to $425,000 39.6% $400,000 and up $450,000 and up $425,000 and up 12 © 2012 McDowall Cotter PAYROLL TAX Headline: The payroll tax holiday has taken a holiday The Story: If you are a W-2 wage earner, go to the tax-man and pay an extra 2%- the vacation is over: Single taxpayer pays up to $2,202 more per year Working couple pays up to $4,404 more per year Good news* *extra tax used to cover cost of social security 13 © 2012 McDowall Cotter TAX RELIEF FOR FAMILIES WITH CHILDREN CONTINUES Also permanently extended, an expanded adoption credit and adoption assistance program exclusion, an expanded dependent care credit, the credit for employer expenses for child care assistance and the 2001 modifications to the child tax credit, which allowed taxpayers below a certain income threshold to reduce their income tax for each child under 17. The modification increased the credit from $500 to $1,000. 14 © 2012 McDowall Cotter PHASE OUT OF PERSONAL & DEPENDENT EXEMPTION DEDUCTIONS Personal and Dependent Exemption write-offs can be reduced or eliminated. Phase out start at: $250,000 AGI for Single Filers $300,000 AGI for Married Joint Filers $275,000 for Head of Households 15 © 2012 McDowall Cotter CAPITAL GAINS Those below the thresholds will see a 15% capital gains and dividends rate (and those in the 10% and 15% brackets will see a permanent 0% rate) Singles with income of $400,000 or couples with income of $450,000 will pay 20% federal tax * Don’t forget California Tax 16 © 2012 McDowall Cotter CAPITAL GAINS 17 Tax Rate Long Term Capital Gains Tax Qualified Dividend Tax 10% 0% 0% 15% 0% 0% 25% 15% 15% 28% 15% 15% 33% 15% 15% 35% 15% 15% 39.6% 20% 20% © 2012 McDowall Cotter OBAMA HEALTHCARE TAX 3.8% Rate On the lower of: Net investment income for the year or Modified adjusted gross income threshold: $250,000.00 Couples $200, 000.00 Individuals When added to increased capital gains rates, high earners will be paying at a 23.8% federal capital gains rate 18 © 2012 McDowall Cotter AMT A permanent “patch” for the alternative minimum tax, so no more annual (or biannual) end-of-year waiting games to see if it will be indexed for inflation. AMT exemption: - $51,900 for Single filers - $80,800 for married joint filers 19 © 2012 McDowall Cotter SOME DEDUCTIONS TO CONSIDER 20 © 2012 McDowall Cotter EDUCATOR EXPENSE DEDUCTIONS The bill extends for two years the $250 deduction for teachers who spend money on classroom supplies, materials, books and software. 21 © 2012 McDowall Cotter DEDUCTION FOR QUALIFIED TUITITION-RELATED EXPENSES Extended through 2013, college students may deduct a maximum of $4,000 (for taxpayers with an adjusted gross income of $65,000 or less, $130,000 for joint returns) or $2,000 (for taxpayers with an adjusted gross income of $80,000 or less, $160,000 for joint returns). 22 © 2012 McDowall Cotter MORTGAGE DEBT RELIEF Also extended through 2013, taxpayers whose mortgage debt is cancelled or forgiven may exclude from income up to $2 million in forgiven debt ($1 million if filing separately). 23 © 2012 McDowall Cotter MORTGAGE INSURANCE PREMIUM DEDUCTIBILITY Again, extended through 2013, taxpayers who meet income requirements may deduct the cost of mortgage insurance on a qualified personal residence. 24 © 2012 McDowall Cotter MARRIAGE PENALTY RELIEF Permanently extended are both the increased standard deduction for married joint filing taxpayers and the increase of income allowable in the 15% tax bracket. 25 © 2012 McDowall Cotter BUSINESS PROVISIONS A two-year extension (through 2013) on the Research and Experimentation tax credit, the Work Opportunity Tax Credit, the 15-year straight-line recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements. 26 © 2012 McDowall Cotter Emergency Unemployment Insurance Benefits Unemployment Insurance Benefits extended an additional year 27 © 2012 McDowall Cotter AND THEN THERE’S CALIFORNIA……. Good News: No Capital Gains Tax Bad News Capital Gains taxed at ordinary income tax rates and, there’s more…………..bad news 28 © 2012 McDowall Cotter INCREASE IN STATEWIDE BASE SALES & USE TAX Sales and Use tax increase of .25% from January 1, 2013 through December 16, 2016 7.25% to 7.5% 29 © 2012 McDowall Cotter HIGH INCOME EARNERS TO PAY MORE CALIFORNIA TAX Single Filers Old Rates 30 New Rates 1.0% > $0 1.0% > $0 2.0% > $7,318 2.0% > $7,318 4.0% > $17,348 4.0% > $17,348 6.0% > $27,377 6.0% > $27,377 8.0% > $38,004 8.0% > $38,004 9.3% > $48,029 9.3% > $48,029 10.3% > $1,000,000 10.3% > $250,000 11.3% > $300,000 12.3% > $500,000 13.3% > $1,000,000 © 2012 McDowall Cotter HIGH INCOME EARNERS TO PAY MORE CALIFORNIA TAX Married Filers Old Rates 31 New Rates 1.0% > $0 1.0% > $34,692 2.0% > $14,632 2.0% > $14,632 4.0% > $34,692 4.0% > $34,692 6.0% > $54,754 6.0% > $54,754 8.0% > $76,008 8.0% > $76,008 9.3% > $96,058 9.3% > $96,058 10.3% > $1,000,000 10.3% > $500,000 11.3% > $600,000 13.3% > $1,000,000 © 2012 McDowall Cotter WHAT TO DO IN 2013 Tax tips to consider as suggested by some of our friends 32 © 2012 McDowall Cotter NANCY PYZEL Nancy Pyzel A Life Well Spent 920 Saratoga Ave., #100 San Jose, CA 95129 Tel: 408-244-2448 Fax:408-244-1239 [email protected] 33 © 2012 McDowall Cotter TRADITIONAL v ROTH IRA Consider converting from a traditional IRA to a Roth IRA - Higher tax rates into the foreseeable future mean you may pay more in taxes when you take your IRA funds at retirement. If tax rates significantly lower during retirment than theyt are now, the strategy is not effective. 34 Review with your advisor; if you do not have an advisor, Nancy Pyzel will be happy to provide an analysis. © 2012 McDowall Cotter STEVEN STEINER Stephen Steiner Director, Gift Planning San Francisco Symphony 201 Van Ness Ave. San Francisco, CA 94102 Tel: 415-503-5445 [email protected] 35 © 2012 McDowall Cotter CHARITABLE GIVING IN GENERAL Charitable gifting lowers AGI which reduces taxable income 36 © 2012 McDowall Cotter THE IRA CHARITABLE ROLLOVER For a Limited Time can be Used for Tax Savings in 2012 The American Taxpayer Relief Act of 2012, allows individuals who are 70½ or older can again transfer up to $100,000 from their IRAs directly to qualified charities. 37 © 2012 McDowall Cotter THE IRA CHARITABLE ROLLOVER For a Limited Time can be Used for Tax Savings in 2012 Qualified distributions made before February 1, 2013 may be counted retroactively for the 2012 tax year. In addition, a taxpayer who took an IRA distribution in December 2012 may make a contribution to a qualified charity before February 1, 2013 and treat it as a direct transfer. 38 © 2012 McDowall Cotter THE IRA CHARITABLE ROLLOVER The American Taxpayer Relief Act of 2012 also allows your clients who want to make an IRA charitable rollover in 2013 to do so through December 2013. 39 © 2012 McDowall Cotter WHY CHARITABLE ROLLOVER? Reduction of income for AMT avoidance. Lower AGI lowers the 2% threshold for itemized deductions and the 10% threshold for health cost deductions. If taxpayer already exceeds 50% of AGI for charitable contributions. Taxpayer looking for lower AGI to avoid increased dividend income for high wage earners. 40 © 2012 McDowall Cotter CHARITABLE REMAINDER TRUSTS Fund Charitable Remainder Trust with low cost basis appreciated property. 1) The charitable deduction will result in greater tax savings due to higher tax rates 2) Any capital gain from the sale of the property is realized inside the tax-free trust. The trust can reinvest all of the proceeds with no taxes being paid, and pay the donor/beneficiary a percentage of the value of the trust assets every year. 41 © 2012 McDowall Cotter MIKE HOWARD Mike Howard Emery & Howard 400 S. El Camino Real, #700 San Mateo, CA 94402 Tel: 650-579-7100 Fax:1-650-579-7313 [email protected] 42 © 2012 McDowall Cotter TAX FREE INVESTMENT PLANNING Consider investments in tax free vehicles. Remember AMT issues 43 © 2012 McDowall Cotter NORMAN GOLDEN, E. A. Norman Golden, E.A. 1900 South Norfolk St., #265 San Mateo, CA 94403 Tel: 650-212-1040 Fax:650-661-1041 [email protected] 44 © 2012 McDowall Cotter NONEMPLOYEE’S COMPENSATION FOR SERVICES The rules about Forms 1099 have changed, and the penalties for failing to follow them have increased dramatically. Form 1099-MISC is an income-reporting document required by the IRS. Form 1099MISC (“Form 1099”) is issued to report payments made for rent, royalties, nonemployee compensation, and other income. 45 © 2012 McDowall Cotter NON-EMPLOYEE’S COMPENSATION FOR SERVICES There are now two penalties for failing to issue Forms 1099. One, the IRS is accessing a $30 to $100 per recipient penalty for failing to timely file the form. The second and more severe penalty is the disallowance of the deduction for the payments not reported on the Form 1099. 46 © 2012 McDowall Cotter NON-EMPLOYEE’S COMPENSATION FOR SERVICES Who must file – Among those required to file Forms 1099s are: 47 Individuals Partnerships LLCs C-Corporations S Corporations Estates Trusts Non-Profit Organizations © 2012 McDowall Cotter NON-EMPLOYEE’S COMPENSATION FOR SERVICES What is nonemployee compensation and who must be issued a Form 1099? If the following four conditions are met, you must report a payment as nonemployee compensation: 1) You paid someone who is not your employee; 48 © 2012 McDowall Cotter NON-EMPLOYEE’S COMPENSATION FOR SERVICES 2) You made the payments for services in the course of your trade or business (including non-profit organizations); 3) You made the payment to an individual, partnership, estate, trust or, in some cases, a corporation; and, 4) Your payments to the payee totaled at least $600 during the year. 49 © 2012 McDowall Cotter NON-EMPLOYEE’S COMPENSATION FOR SERVICES Please note – Over the years, Norm has seen nonemployees refuse to provide all the information necessary to prepare the Forms 1099, mistakenly thinking that they can avoid reporting the income if they don’t get one. Their refusal puts the payer (you!) in jeopardy, since the penalties are assessed against you for not properly completing the Form. Get a completed and signed Form W-9 before you pay any amount to a nonemployee. 50 © 2012 McDowall Cotter THANKS FOR ATTENDING 2070 Pioneer Ct. San Mateo, CA 94403 Tel: 650-572-7933 Fax: 650-572-0834 www.mcdlawyers.net (650) 572-7933 51 © 2012 McDowall Cotter