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Obama Re-election Likely to Result in Major Tax Changes

Chicago (November 7, 2012)

By Michael Cohn

The re-election of President Obama is likely to result in substantial changes for taxpayers, especially with the expiration of the Bush-era tax rates approaching.

"The U.S. Tax Code is incredibly complex and voters had the opportunity to choose between two distinct views," said Gary Fox, managing partner of Crowe Horwath’s tax practice. "The re-election of President Obama likely will mean increased individual income taxes for high-income taxpayers."

President Obama offered a number of tax proposals during the campaign. Fox noted that while there is no guarantee that the proposals will actually be enacted into law, taxpayers should consider these proposals in their year-end planning.

Corporate Tax
•    The current corporate tax rate is 35 percent, which could be lowered to 28 percent, with an even lower 25 percent rate for manufacturers.

•    Manufacturers currently receive a 9 percent deduction on qualified domestic production income. The deduction for most taxpayers could be increased to 10.7 percent and the deduction for high-technology manufacturing companies could be increased to 18 percent. Fossil fuel production would no longer be eligible for the deduction.

•    During the campaign, President Obama proposed making a research and development tax credit permanent, but did not indicate if the current credit would remain or be substantially modified.

•    Companies may currently use the last in, first out (LIFO) inventory method. The President's tax plan would repeal LIFO. Though this proposal is not new, industry lobbying has prevented prior attempts to repeal it.

•    The current Tax Code contains targeted deductions for taxpayers in specific industries. President Obama's proposed changes would eliminate many targeted provisions available to fossil fuel industries (oil, gas and coal) while renewable energy incentives might be extended or increased.

Individual Tax
•    The current top tax rate of 35 percent, reduced by the Bush-era tax cuts, is set to expire at the end of the year and revert to 39.6 percent. President Obama has proposed extending the tax cuts for married taxpayers with less than $250,000 in annual income or single filers with less than $200,000 in annual income, but not for taxpayers above that income level.

•    If no action is taken before the Bush-era tax cuts expire, the tax rate on dividend income will rise from 15 percent to the top individual tax rate (39.6 percent), and the tax rate on long-term capital gains will rise from 15 percent to 20 percent. President Obama has proposed maintaining the 15 percent long-term capital gain rate for taxpayers with income less than $250,000. He has also proposed retaining the 15 percent dividend rate for taxpayers with income less than $250,000.

•    Taxpayers currently must pay the greater of regular income tax or the alternative minimum tax, which has a top tax rate of 28 percent. President Obama's proposed tax plan would permanently extend the AMT and indexes AMT exemption for inflation. It also creates the "Buffet rule," which states that households earning more than $1 million per year would pay a minimum 30 percent income tax rate.

•    Individuals may claim certain itemized deductions and personal exemptions without limit. President Obama made two proposals during the campaign: eliminate itemized deductions for housing, health care, retirement and childcare for individuals with more than $1 million in annual income, and limit the benefit of itemized deductions to 28 percent for taxpayers in higher rate brackets.

International Tax
•    U.S. tax on income from foreign subsidies generally is deferred until the earnings are repatriated into the United States. Foreign taxes paid generally are available as a credit against the U.S. tax liability on foreign income. President Obama proposed continuing the current system with some modifications: impose a minimum tax on income earned from foreign operations whether repatriated or not; close loopholes related to leveraged foreign distributions, covered asset acquisitions and earnings stripping; and impose an excess returns tax on inappropriate income shifting to overseas subsidiaries.

•    Currently, U.S. corporations generally are allowed to deduct interest expense occurred to acquire foreign subsidiaries. The President's proposal limits interest expense deductions related to unrepatriated foreign profits.

•    President Obama proposed offering a credit to companies moving jobs back to the United States and disallowing deductions related to moving jobs out of the country.

4 Comments

The funniest comments are that higher taxes hurt "job-creators" but ever since Reagan this country has gradually become half rich and half poor (back in 1860 the phrase was half slave and half free) and it led to a civil war. I wonder if the current group of reincarnated plantation owners know how to win a new civil war

Posted by: Janosik | November 8, 2012 8:51 PM

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I concur. Raising tax on the so called rich is a good campaign slogan but when it comes to the actual effect, it is null. I hope the country will come to its senses and understand that we all need to pay our fair share in relation to our income. I always wonder how increasing tax on the well off will create job for the poor.

Posted by: sekbam1 | November 8, 2012 10:12 AM

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Pat the Tax Rate under Cliton was 39.6% and he was the only President to run a surplus. So there needs to be compromise. Increase the top rate to 39.6% or 39% make it on income above $275,000 - $ 320,000. Excange that for Spending Cuts (Real not Budget) Including the Miltary, MEDICARE and as a nation we need to talk about end of life issues, my Grandather died at 50 my fater at 70.. in the future medical rechnology can keep people alive vertulaay forever and that costs money... including Social Security, do you realize 40C out of ever dollor is borrowed.. Cuts to Social Security Today... Say 1% reduction, a small reduction but a real spending cut ... and raise the age to 73... d you realize a person life expectency when SS started was approximatelt 60 now people live to 85 - 100... we cant afford it, we will be Greece in 10 years or even less at this rate....

Posted by: neparms | November 8, 2012 9:08 AM

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Letting the tax breaks expire for the rich, generates enough money to fund this entitlement minded president's plan for 8 days in a year!

If he is going to keep raiding the piggy banks of the wealthy, not only will he be able to add 8 days of spending to the "takers" pockets, but he will surely be throwing grandma over the cliff- with the rest of the middle class.

There is no way to sustain this spending without taxing the middle class.

Posted by: PAT | November 8, 2012 7:24 AM

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