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Tax Planning
   For 2013
Presenter: Allan Peiser
The Current Environment
•The tax reform debate

•Lower rates, fewer tax expenditures,
spending driven deficit reform

•Tax reform accompanied by tax increases
that help reduce deficits

•A lingering standoff over the size of
government and tax policy
• Income Tax

•Wealth Transfer
Tax
Income Tax

• Medicare Tax
  •Self Employed Income - .9%
  •Net Investment Income – 3.8%
  •To the extent that MAGI exceeds
   $200,000 for an individual or
   $250,000 for a joint return
Tax on Self Employed
                     Income

• Medicare tax increase beginning in 2013
• 0.9% Medicare Hospital Insurance (HI) tax
• on self-employed individuals and employees
• on earnings and wages received during the year
  above specified thresholds
• individual wages of an employee in excess of
  $200,000
• joint return in excess of $250,000
Net Investment Income
For purposes of the 3.8% tax Net Investment Income is
define in Code Sec. 1411(c) as “investment income”
reduced by the deductions properly allocable to such
income plus the sum of:
                            •Other gross income
•Gross income from          derived from any business
    •Interest               to which the tax applies
    •Dividends
    •Annuities              •Net gain attributable to the
    •Royalties              disposition of property
                            other than property held in
    •Rents                  a trade or business to
    •Passive income         which the tax does not
                            apply
Affordable Care Act
              Provisions
• Premium-assistance credit

• Small business tax credit

• Reporting requirements

• Medical care itemized deduction threshold

• Adult Dependent insurance coverage
Affordable Care Act
               Provisions
• Health Flexible spending arrangements
• Expansion of adoption credit
• Excise tax on high-cost employer plans
• Tax on indoor tanning services
• Information reporting
• Excise tax on medical device manufacturers
Income Tax
                    Rates
Tax rates remain unchanged for 2011, ranging from 10
percent to 35 percent. These rates are set to expire at
the end of 2012 unless Congress takes action. If
Congress does not take action, tax rates will return to
those that were in effect in 2000.
   •Income tax withholdings are considered paid equally
   throughout the year, even if the withholdings are
   made near the end of the year.

   •If you anticipate being liable for underpayment
   penalties on estimated tax, you may consider taking
   an indirect rollover distribution from a traditional or
   Roth IRA account during the year of underpayment.
Other Changes
 Recently Enacted Tax Law Changes Affecting Individuals

• Bonus depreciation. The 2010 Act extends for two years 50-percent
  bonus depreciation for qualified property. Bonus depreciation will be
  available for qualified property placed in service before January 1,
  2013

• Expensing. The 2010 Act provides that, for tax years beginning in
  2012, the Section 179 small-business expensing limitation will be
  $125,000. The limitation will be reduced if the cost of the Section 179
  property for that year exceeds $500,000. Those amounts will return
  to $25,000 and $200,000, respectively, after 2012.

• Miscellaneous individual provisions. The 2010 Act includes a new
  temporary reduction of the Social Security payroll tax for wage
  earners and self-employed individuals. The 2010 Act also extends
  through 2011 the provision for tax-free distributions from individual
  retirement plans for charitable purposes by individuals who are age
  70-1/2 and older (up to $100,000 per taxpayer per taxable year).
Wealth Transfer Tax

•The Estate Tax - For 2011, the applicable credit amount is the
estate tax on the $5 million base exclusion amount, computed
using the rate structure in effect on the date of death
($1,730,800 in 2011 and slightly higher in 2012 because the
exclusion amount is indexed for inflation).


•Gift Tax - Transfers to a spouse who is a U.S. citizen are
covered by the unlimited marital deduction; therefore, such
transfers may be made totally free from gift tax.
Wealth Transfer Tax
                 Basic Blocking and Tackling

•You may want to shift wealth down generational lines through
an annual gifting program.

•If a child or grandchild has earned income, consider making a
cash gift. The child or grandchild may use that gift to contribute
$5,000 or the amount of the donee’s earned income, whichever
is less, to a traditional IRA or Roth IRA.

•Remember to make any payments on behalf of others directly
to providers of medical and educational services.

•Consider funding future educational expenses through gifts
into a § 529 educational plan for children and grandchildren.
Wealth Transfer Tax

Potential Gift Tax Changes – the President’s Budget
Proposals

   •Grantor retained annuity trust limitations

   •Discount valuation limitations


GST tax
MAGI
In computing MAGI for purposes of the 3.8% threshold, gross
income does not include items such as interest on tax-exempt
bonds, veterans’ benefits, and excluded gain from the sale of
a principal residence that are otherwise excluded from
income.

Watch out for theses situations:

• Gain over and above the $250,000 amount protected by the
  principal residence exclusion does increase MAGI as well as net
  investment income

• Lump-sum distributions from retirement plans, while excluded from
  net investment income, are included in MAGI

• Converting traditional IRAs to Roth IRAs after 2012 will increase
  MAGI by the amount of the converted amount
Planning for 2013
              Planning in Uncertain Times
•Adopt a multiyear perspective in reviewing your tax situation,
evaluating the tax implications of shifting income or deductions.

•Consider the effect of the AMT. The expected outcome of
deferring or accelerating income and deductions may be
different after determining the AMT consequences. The result
may not necessarily be intuitive.

•View transactions with regard to both their economic and tax
implications.

•Stay engaged with understanding the tax changes debated or
adopted by Washington. Be prepared to act quickly once
Congress agrees on tax rates or reform.
Planning for 2013
                      Ordinary Income
•If you believe ordinary tax rates will increase, you may want to
consider accelerating receipt of commissions, bonuses,
nonqualified stock option exercises, or billings prior to 2013.

•If you are generating a net operating loss (NOL) and believe
that ordinary rates will rise, you should consider having your
NOL carried forward to offset future ordinary income taxed at
higher rates, rather than carried back to offset income taxed at
lower rates. Careful modeling of this decision is critical and must
focus on cash flow as well as tax considerations.
Planning for 2013
                        Medicare Tax

•Consider realizing capital gains prior to 2013 when cap gains
and unearned income tax rates increase

•For 2011 and 2012 sales, consider electing out of installment
sale treatment (where available) and recognizing the entire
amount of gain in the year of sale (instead of deferring it over
the payment period).

•Consider rebalancing your investment portfolio by increasing
investments in growth assets and decreasing emphasis on
dividend-paying assets prior to 2013.
Planning for 2013
                        Medicare Tax

•If you have an investment interest expense carryover into
2012, consider electing not to tax qualified dividends and long-
term capital gains at ordinary tax rates on your 2012 tax return
in anticipation of qualified dividends reverting to ordinary income
in 2013.

•Passive income is subject to the 3.8-percent unearned income
tax; therefore, if you have multiple passive activities, consider
reviewing current grouping elections in light of any new factual
patterns for each activity that may reclass such activity from
passive to active or vice versa.
Planning for 2013
                    Investment Income
•If you anticipate an increasing capital gains rate environment
beginning in 2013, you may want to consider accelerating
capital gains prior to 2013 to capture the lower tax rate.

•Conversely, if you believe capital gains rates will decline or
remain constant, you would want to explore accelerating losses
prior to 2013 and deferring gains into future years.

•Determine whether it is better to invest funds in a taxable
account or a tax-deferred account, and consider asset allocation
and investment strategies in light of the impact of tax rates on
portfolio income.
For Additional Information
           Contact
Allan Peiser, Managing Partner
 Goldin Peiser & Peiser, LLP

         Apeiser@GPPcpa.com
             214-635-2503
           www.GPPcpa.com

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Tax Planning 2013

  • 1. Tax Planning For 2013 Presenter: Allan Peiser
  • 2. The Current Environment •The tax reform debate •Lower rates, fewer tax expenditures, spending driven deficit reform •Tax reform accompanied by tax increases that help reduce deficits •A lingering standoff over the size of government and tax policy
  • 4. Income Tax • Medicare Tax •Self Employed Income - .9% •Net Investment Income – 3.8% •To the extent that MAGI exceeds $200,000 for an individual or $250,000 for a joint return
  • 5. Tax on Self Employed Income • Medicare tax increase beginning in 2013 • 0.9% Medicare Hospital Insurance (HI) tax • on self-employed individuals and employees • on earnings and wages received during the year above specified thresholds • individual wages of an employee in excess of $200,000 • joint return in excess of $250,000
  • 6. Net Investment Income For purposes of the 3.8% tax Net Investment Income is define in Code Sec. 1411(c) as “investment income” reduced by the deductions properly allocable to such income plus the sum of: •Other gross income •Gross income from derived from any business •Interest to which the tax applies •Dividends •Annuities •Net gain attributable to the •Royalties disposition of property other than property held in •Rents a trade or business to •Passive income which the tax does not apply
  • 7. Affordable Care Act Provisions • Premium-assistance credit • Small business tax credit • Reporting requirements • Medical care itemized deduction threshold • Adult Dependent insurance coverage
  • 8. Affordable Care Act Provisions • Health Flexible spending arrangements • Expansion of adoption credit • Excise tax on high-cost employer plans • Tax on indoor tanning services • Information reporting • Excise tax on medical device manufacturers
  • 9. Income Tax Rates Tax rates remain unchanged for 2011, ranging from 10 percent to 35 percent. These rates are set to expire at the end of 2012 unless Congress takes action. If Congress does not take action, tax rates will return to those that were in effect in 2000. •Income tax withholdings are considered paid equally throughout the year, even if the withholdings are made near the end of the year. •If you anticipate being liable for underpayment penalties on estimated tax, you may consider taking an indirect rollover distribution from a traditional or Roth IRA account during the year of underpayment.
  • 10. Other Changes Recently Enacted Tax Law Changes Affecting Individuals • Bonus depreciation. The 2010 Act extends for two years 50-percent bonus depreciation for qualified property. Bonus depreciation will be available for qualified property placed in service before January 1, 2013 • Expensing. The 2010 Act provides that, for tax years beginning in 2012, the Section 179 small-business expensing limitation will be $125,000. The limitation will be reduced if the cost of the Section 179 property for that year exceeds $500,000. Those amounts will return to $25,000 and $200,000, respectively, after 2012. • Miscellaneous individual provisions. The 2010 Act includes a new temporary reduction of the Social Security payroll tax for wage earners and self-employed individuals. The 2010 Act also extends through 2011 the provision for tax-free distributions from individual retirement plans for charitable purposes by individuals who are age 70-1/2 and older (up to $100,000 per taxpayer per taxable year).
  • 11. Wealth Transfer Tax •The Estate Tax - For 2011, the applicable credit amount is the estate tax on the $5 million base exclusion amount, computed using the rate structure in effect on the date of death ($1,730,800 in 2011 and slightly higher in 2012 because the exclusion amount is indexed for inflation). •Gift Tax - Transfers to a spouse who is a U.S. citizen are covered by the unlimited marital deduction; therefore, such transfers may be made totally free from gift tax.
  • 12. Wealth Transfer Tax Basic Blocking and Tackling •You may want to shift wealth down generational lines through an annual gifting program. •If a child or grandchild has earned income, consider making a cash gift. The child or grandchild may use that gift to contribute $5,000 or the amount of the donee’s earned income, whichever is less, to a traditional IRA or Roth IRA. •Remember to make any payments on behalf of others directly to providers of medical and educational services. •Consider funding future educational expenses through gifts into a § 529 educational plan for children and grandchildren.
  • 13. Wealth Transfer Tax Potential Gift Tax Changes – the President’s Budget Proposals •Grantor retained annuity trust limitations •Discount valuation limitations GST tax
  • 14. MAGI In computing MAGI for purposes of the 3.8% threshold, gross income does not include items such as interest on tax-exempt bonds, veterans’ benefits, and excluded gain from the sale of a principal residence that are otherwise excluded from income. Watch out for theses situations: • Gain over and above the $250,000 amount protected by the principal residence exclusion does increase MAGI as well as net investment income • Lump-sum distributions from retirement plans, while excluded from net investment income, are included in MAGI • Converting traditional IRAs to Roth IRAs after 2012 will increase MAGI by the amount of the converted amount
  • 15. Planning for 2013 Planning in Uncertain Times •Adopt a multiyear perspective in reviewing your tax situation, evaluating the tax implications of shifting income or deductions. •Consider the effect of the AMT. The expected outcome of deferring or accelerating income and deductions may be different after determining the AMT consequences. The result may not necessarily be intuitive. •View transactions with regard to both their economic and tax implications. •Stay engaged with understanding the tax changes debated or adopted by Washington. Be prepared to act quickly once Congress agrees on tax rates or reform.
  • 16. Planning for 2013 Ordinary Income •If you believe ordinary tax rates will increase, you may want to consider accelerating receipt of commissions, bonuses, nonqualified stock option exercises, or billings prior to 2013. •If you are generating a net operating loss (NOL) and believe that ordinary rates will rise, you should consider having your NOL carried forward to offset future ordinary income taxed at higher rates, rather than carried back to offset income taxed at lower rates. Careful modeling of this decision is critical and must focus on cash flow as well as tax considerations.
  • 17. Planning for 2013 Medicare Tax •Consider realizing capital gains prior to 2013 when cap gains and unearned income tax rates increase •For 2011 and 2012 sales, consider electing out of installment sale treatment (where available) and recognizing the entire amount of gain in the year of sale (instead of deferring it over the payment period). •Consider rebalancing your investment portfolio by increasing investments in growth assets and decreasing emphasis on dividend-paying assets prior to 2013.
  • 18. Planning for 2013 Medicare Tax •If you have an investment interest expense carryover into 2012, consider electing not to tax qualified dividends and long- term capital gains at ordinary tax rates on your 2012 tax return in anticipation of qualified dividends reverting to ordinary income in 2013. •Passive income is subject to the 3.8-percent unearned income tax; therefore, if you have multiple passive activities, consider reviewing current grouping elections in light of any new factual patterns for each activity that may reclass such activity from passive to active or vice versa.
  • 19. Planning for 2013 Investment Income •If you anticipate an increasing capital gains rate environment beginning in 2013, you may want to consider accelerating capital gains prior to 2013 to capture the lower tax rate. •Conversely, if you believe capital gains rates will decline or remain constant, you would want to explore accelerating losses prior to 2013 and deferring gains into future years. •Determine whether it is better to invest funds in a taxable account or a tax-deferred account, and consider asset allocation and investment strategies in light of the impact of tax rates on portfolio income.
  • 20. For Additional Information Contact Allan Peiser, Managing Partner Goldin Peiser & Peiser, LLP Apeiser@GPPcpa.com 214-635-2503 www.GPPcpa.com