InSight

President Biden’s 2022 Budget Request will change the way you plan

Financial Planning Dentist

The three takeaways in this article:

  1. What you can expect regarding the Increase Capital Gains Rate
  2. How Estate Planning & Gifting will change next year
  3. How to use Tax Credits for parents and children

While I was out to lunch with Sue, a small business owner in the Event Planning space, she asked me about Biden’s proposed tax increases and if she should be doing anything about it. Given that Sue is nearing retirement and her business is very profitable it was important to discuss how the proposed budget would impact her and the business.  

Sue was hoping to work for 3-5 more years and then sell her business when she reaches 65 for Medicare purposes. While this is very much still an option, Sue and I decided to review her situation in more detail so she could make the most educated decision moving forward. Since selling a business and retiring is a massive decision in itself, if the new proposed tax law changes would help make her decision easier then it was my job to let her know. 

The Capital Gains Rate is expected to increase from 20% to 39.6% on income in excess of $1 million

Proposal: Increase the top capital gains rate (raising the capital gains tax is an alternative to raising the estate tax exemption) currently at 20% to 39.6% before application of the 3.8% net investment income tax for income in excess of $1 million (possibly retroactively – Yes, this can be done due to Article I, Section 9 of the United States Constitution)

Ex: In 1993, the top ordinary income tax rate was increased on both ordinary income as well as the estate and gift tax retroactively to the beginning of the year (even though it was enacted in August). 

What can Sue do: It may be worthwhile to accelerate the sale of her company in order to capture gains at today’s current top capital gain tax rate. Additionally, those that have appreciated land, real estate, stocks, collectibles, etc should look to do the same. 

Ex: Sue (60) owns a company that she is looking to sell in the next 3-5 years as she is nearing retirement. Her income is typically $300,000 and the value of her business is $3 million. If she sells her business this year she will pay 20% instead of 39.6% (plus the 3.8% medicare surtax) on any income above $1 million. So, $460,000 (20% x $2.3 mill) vs. $910,800 (39.6% x $2.3 mill). The difference being $450,800 which if you invested at a 6% rate of return over the next 30 years (Sue at age 90) would be $2.58 million dollars. 

Sue’s Options: Keep the business until she is ready to sell, sell the business now, or sell the business and consult the acquiring company for a set number of years for a lower sale price. 

Our Guidance: Sell the business and consult the new company. This will enable her to bridge the gap between now and Medicare when paying for health insurance out of pocket is extremely expensive, capitalize on a low capital gain tax rate, and provide her the peace of mind that her clients will be taken care of while she collects an income. 

Estate Planning & Gifting

  • Death itself would become a capital gains realization event (1 million exemption)
  • Gifting is now a realization event (so if you’re looking to gift an appreciated asset soon it may be worthwhile to accelerate that into this year) 

Ex: If you gift an asset that has a basis of $100k and it is now worth $1mill then $900k would be taxed immediately. Previously, the recipient of the gift would not realize a taxable event until the asset is sold. 

Tax Credits for Parents and their children are increasing

  • Child and Dependent Care Tax Credit refundable credit up to 50% of up to $8,000 in expenses for one child/disabled dependent ($16k for more than one child/disabled dependent) with a phaseout and an exclusion of up to $10,500 in employer assistance/contributions for dependent care. 
  • *Child Tax Credit extends the ARP child tax credit through 2025, including a maximum of $3,600 for children under 6 and $3,000 for children 6 through 17. Half of a taxpayer’s total allowable credit would be received as monthly advance payments and half would be paid when households file their taxes; any discrepancies would be reconciled on tax returns. Notably, by proposing that only half of the credit be paid out monthly, the resulting maximum monthly payments would be $150/$125 per child for 2022 through 2025, with the rest received at tax time, compared to maximum monthly payments of $300/$250 under the current ARP child tax credit in 2021. Full refundability, regardless of earned income, would become permanent.

*Source – Biden Proposed Child Tax Credit

Here are some additional facts and what you should know:

  • The QBI (Qualified Business Income) deduction is here to stay – QBI Deduction – IRS
  • 1031 exchanges, if you’re a married couple then Biden is proposing a 1 million per year cap on 1031 exchange exemption (500k for single filers) – 1031 Exchange – IRS
  • Proposed 3.8% surtax to S-Corps distributions
  • There have been talks about getting rid of  “Zeroed Out Grats” and rolling GRATs 

What should you be doing now? 

  1. Think about your goals and objectives for your life, employment, gifting plans in order to prioritize the next steps
  2. If your income is less than 1 million then proposed tax increases don’t affect you
  3. Plan now and prepare while you have time. Planning on selling a business, piece of land, or real estate in December is not feasible.
  4. Sit down with your tax professional and CERTIFIED FINANCIAL PLANNER™ to plan the next steps

More related articles:

Definitions: Fixed Income

Fixed Income (or debt) represents your ownership over the repayment of a debt. Usually considered bonds, they are contracts promising the repayment of loaned money. Other forms of debt arrangements include Mortgage-Backed Securities, liens, loans, and CDs. Fixed income is called that because the return is decided on the outset – so the return is fixed from the initial offering. Because the upside is fixed from the start, the change in their pricing is less dramatic. Thus, fixed income pricing becomes less about the asset itself, and more about the prevailing rates for other options (read “current interest rate environment”). Debt is usually priced based on three variables, 1) How likely you are going to get your debt repaid, who owes the borrowed money, and what is the way they will pay it back? (Taxation, revenue, etc.) 2) how long until you are repaid your initial investment, this is called duration and indicates how long the money is at risk for. 3) the rate that the debtor is paying on the borrowed sum, usually expressed percentage as a coupon or yield. There are subcategories based on who the entity requesting the money fall into: Muni’s  – a Districts or Municipalities Debt. Usually issued to fund special projects, schools, or city and municipal improvements. In addition to the yield, these are priced for risk based on cities’ credit history, the source they plan to repay the loan (taxation or toll-based), and any available insurance they put on the bonds. Treasuries – the sovereign debt of a country. This is debt usually supported by the taxing authority of a country and its ability to create (fiat) the money they need. This is priced based on the credit rating of the country, the outlook of its currency, and the yield. Corporate – debt issued by companies and priced based on their creditworthiness. These are divided into investment grade and non-investment grade (called affectionately “high yield”) and then subdivided further. Certified Deposits (CD’s) – debt issued by banks. These are usually issued in small increments and for a short duration. The returns are insured by the FDIC (federal government) Mortgages (MBS) – These are backed by the creditworthiness of the borrower, and usually the risk is mitigated by grouping a pool of mortgages into tranches based on their collective credit rating. Collateralized Debt Obligations (CLOs) – Similar to the mortgages, this is a collection of debts that secure equipment or are backed by specialty financial arrangements.  Often backed by the repossession of accounts receivable or equipment.  

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Do your chores or there will be NO MONEY in your retirement account!!!! ~ DAD

First off, review this list of answers and accept how incredible this idea is, to both fund college, make your kids earn it, and do it all in a tax-advantaged way: Yes, income earned in the home can be put into a child’s Roth (within the rules) Yes, the income and savings can be used for college, or really any major life purchase Yes, it is a relatively easy strategy if you follow the below tips If you are raising your kids like I am mine, the early years are an important time to ingrain a set of good money habits that hopefully they keep for the rest of their lives. I require my kids to put 10% of any money they earn into the following categories, college, giving, and taxes (back to the family). Meaning they only ever get to spend about 70% of their income. This has been met with several comments ranging from “awesome” to “cruel”. But for my kids, it’s all they know. They don’t negotiate or object to taxes because it has always been how they get paid. I hand them a dollar and take a dime back instantly. It’s visceral, and habitual at this point.  I feel money is a difficult idea if children are never given the opportunity to handle it, hold it, and lose it. When it comes to teaching financial lessons, setting a good parental example is important, but actually giving the child some experience making wise financial decisions is essential. This includes both giving the child decision-making authority with their own money and giving the child the means to earn money outside of or instead of an allowance. This is where the Roth comes into play, and your opportunity to hire your child… This is an open platform to pay your children in a way that makes sense for your family. And the best part is that this payment can be counted as earned income and thus qualifying for Roth eligibility. 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This is the sweet spot for any family that has 1or more family businesses.  At age 14 and above the universe of employment can expand to include: intellectual or creative work such as computer programming, teaching, tutoring, singing, acting, or playing an instrument; retail occupations; errands or delivery work by foot, bicycle, and public transportation; clean-up and yard work which does not include using power-driven mowers, cutters, trimmers, edgers, or similar equipment; work in connection with cars and trucks such as dispensing gasoline or oil and washing or hand polishing; some kitchen and food service work including reheating food, washing dishes, cleaning equipment, and limited cooking; cleaning vegetables and fruits, wrapping sealing, and labeling, weighing pricing, and stocking of items when performed in areas separate from a freezer or meat cooler; loading or unloading objects for use at a worksite including rakes, hand-held clippers, and shovels; 14- and 15-year-olds who meet certain requirements can perform limited tasks in sawmills and woodshops; and 15-year-olds who meet certain requirements can perform lifeguard duties at traditional swimming pools and water amusement parks. 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