(Bloomberg) The race is on for wealthy Americans to save on taxes before January 1.
President Barack Obama’s re-election means his administration will push to let tax cuts enacted during the George W. Bush era expire for high earners, as scheduled, at year-end. Obama wants to increase the top federal income tax rate to 39.6 percent from 35 percent, boost rates on long-term capital gains to as much as 23.8 percent, and shrink exemptions from estate-and-gift taxes.
“If you have to put a movie title on what’s going to happen from now until the end of the year it would be: ‘The Fast and the Furious,’” said Jeff Saccacio, a personal financial services partner at New York-based PricewaterhouseCoopers LLP. “The wise, smart people are preparing themselves for a sunset of the Bush tax cuts.”
Wealthy investors have about a month and a half to examine their investment gains and losses left over from previous years, as well as to consider ways to move income into 2012 and transfer assets to heirs, Saccacio said. Now is the time to start running the calculations, he said.
“Acceleration of investment income is clear,” said Elda Di Re, partner and personal financial services area leader for Ernst & Young LLP in New York. “If anyone was planning on realizing a gain in the next two to three years on either securities or real estate, there’s a considerable amount of money to be saved.”
The Standard & Poor’s 500 Index, which is up 64 percent since Obama took office in 2009, lost 2.4 percent yesterday to 1,394.53, its lowest level since August.
Capital Gains
An investor who sells $100 of stock with a cost basis of $20 in 2012 would see proceeds—after capital gains taxes—of $88, according to an analysis by J.P. Morgan Private Bank. Next year, if Congress doesn’t act, earnings from the sale would drop to $80.96 if rates rise to 23.8 percent. That means the stock price would need to rise by at least 9 percent for an investor to be better off selling in 2013.
Investors shouldn’t accelerate sales of securities just to avoid a higher tax rate, said Saccacio, who is based in Los Angeles. They should consider how long they planned to hold stocks and whether they need to rebalance. Those who decide to sell at current capital gains rates can re-invest in the securities if they remain attractive without violating so-called wash-sale rules under the Internal Revenue Service code that apply to stocks sold at a loss, he said.
Bonuses, Dividends
Closely held businesses that have a choice to pay bonuses or dividends in 2012 or 2013 should do so before year-end, said Joanne E. Johnson, wealth adviser and managing director at New York-based JPMorgan Chase & Co.’s private bank unit. The tax rate on dividends may jump to as much as 43.4 percent next year from 15 percent now with the expiration of Bush-era tax cuts and levies set to take effect from the health-care law.
Employees who have a choice to receive their bonus this year should do so and consider exercising stock options that are set to expire, she said.
While the election provided some clarity, wealthy taxpayers still must be prepared for the unexpected before Dec. 31, Johnson said. “We don’t know what the compromises are going to be,” she said.
Fiscal Cliff
Democrats maintained control of the U.S. Senate in the election results last week as Republicans kept their majority in the House of Representatives. That ensures continued resistance to Obama’s determination to raise taxes for the wealthiest Americans in the effort to reduce the U.S. budget deficit.
Lawmakers may have to address the so-called fiscal cliff of tax increases and spending cuts that would start in January if Congress doesn’t act in a lame-duck session set to begin this month.
House Speaker John Boehner told reporters last week that Republicans are “willing to accept new revenue under the right conditions.” He cited ideas Democrats already have rejected: restructuring entitlement programs and relying on revenue generated by economic growth from a tax-code overhaul.
Some tax-rate increases scheduled to take effect next year don’t depend on fiscal-cliff negotiations, said Di Re of Ernst & Young. The 2010 health-care law, which Republican presidential candidate Mitt Romney had vowed to repeal, applies a 3.8 percent surtax on unearned income such as realized capital gains, dividends and interest in 2013 for married couples making more than $250,000 and individuals earning at least $200,000.
Payroll Tax
The law also increases the Medicare payroll tax levied on wages by 0.9 percentage points for high earners.
Wealthy taxpayers with large carryover losses remaining from 2008 and 2009 may not want to rush to sell securities before year-end, Saccacio said. They may have enough losses to offset future gains even with higher tax rates, he said.
When capital losses exceed gains, the extra generally can be deducted on individuals’ tax returns and used to reduce other income, such as wages, up to an annual limit of $3,000, according to the IRS. If the total loss is more than the cap, the unused portion may be carried over to following years.
The Obama victory also may lead some millionaires who were hesitating to take advantage of current rules on gifts to fund trusts they’ve set up, said Linda Beerman, manager of the wealth strategies group at Atlantic Trust. The firm is the private wealth-management unit of Atlanta-based Invesco Ltd.
Estate Tax
Legislation enacted in 2010 raised the lifetime estate-and- gift-tax exclusion for 2011 and 2012. This year individuals can transfer up to $5.12 million—or $10.24 million for married couples—free of estate and gift taxes. Those levels are scheduled to expire at the end of 2012 and Obama wants to set the estate tax threshold at $3.5 million while dropping the gift-tax exemption to $1 million as it was in 2009.
“People are really rushing here at the end to take advantage of it,” Beerman said.
Wealthy families should consider setting up trusts under current rules that can benefit grandchildren or future generations and set them up in states such as Delaware, which let the entities exist in perpetuity, said Johnson of JPMorgan. The Obama administration has proposed curtailing the benefits of such trusts as well as limiting discounts taken when transferring illiquid assets in its most recent budget proposal.
Decisions about making charitable contributions this year are more complicated, Beerman said. While deductions for donations probably will be more valuable next year if rates are higher, limits on itemized deductions for those with higher incomes are scheduled to be reinstated next year, she said.
“They need to start crunching some numbers,” PwC’s Saccacio said of wealthy taxpayers. “This year, year-end tax planning takes on a heightened significance given the fact that we’re going to have this jump in rates next year unless we have an 11th-hour adjustment.”






7 Comments
I am so offended by the "rant" I just read that I will probably delete Tax Pro from my list of acceptable websites.
If I wished to listen to this type of psychotic tirade, I would tune in to Rush Limbaugh or some other worthless creep.
If there is some evidence that Obama's mother was a prostitute on welfare, I have not heard about it. I suppose since she is dead, our psychotic friend is probably safe from a slander suit. (She was not a public figure, and could therefore bring suit).
I really pity the employees of such a strange and vicious person, if there are actually any employees left. They have probably all run for the hills.
One thing to look forward to - he probably has one heck of a blood pressure problem, so he will probably soon be out of everyone's misery.
Kate Harner, EA
Posted by: KATEHARNER | November 15, 2012 12:00 AM
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Obviously, Janosik is clueless of how economics works and capitalism, for which America was founded. WE are not a socialistic county, but people like you are trying hard to take away our freedoms in the name of providing support to you and the other lazy and stupid people who do not work hard enough to earn more. So, you expect others to pay for you. Fair share? Paying the same percentage of income is fair. You and your communistic other never do wells are really deep down jealous and want stuff for nothing. I owe you nothing and never will. Get out of my pockets and my income. I have been a business owner for 34 years and doing all I can to keep my employees in jobs at my expense. How dare you say, My Obama, that I did not build that. i plan to fire all my employees so I can survive and pay the taxes to support the lazy ignorant people who are ruining America. You deserve what you get for making your uninformed choices and falling for the movie star glitz and not real facts. The president lied throughout his campaign and continues to do so about Libya and Gen Petreus. Get A LIFE AND GO GET SOME Skills SO I DO NOT HAVE TO SUPPORT YOU. why should one's estate be taxed at all? We educated CPA's see the end of america and capitalism as we know it unless we come to our senses soon and impeach Obama and his cronies (what a group of crooks he has picked as advisers and none of them with any real experience). How can you support a man who was brought up on welfare by a prostitute who most likely lied about his birthplace, who never worked a real job (I am sorry, by working a few years for a non-profit is living is la la land. Non profits pay no taxes and have no incentive to do real budgets, just spend and spend. Gee- is that why the president has failed to do any budget at all (it is the law to do it) in his last 4 years. heaven help the future with this horrible man, who believes he is the chosen one. Ha! That is what we got--a big spender on governmental waste. You want to criticize, try the governmental waste and it is too much in our business. Get educated, because you are the real problem and others like you. I see how it really works and the toll it takes on small business. I see the direct result of tax increase -- business profits decreasing and there are layoffs versus the effect of tax decreases and incentives. You get more with a carrot than a stick. I bet you have a nowhere job, but that is your fault, not mine or anyone else. We all have the right and opportunity to do better for ourselves or to choose to be lazy and you should get what you put into it. Everyone is not smart or talented and too bad they cannot be Bill Gates. Fairness is not sameness-that is communism and socialism and READ YOUR HISTORY--THAT NEVER HAS WORKED AND NEVER WILL!
Posted by: JACKIECAB | November 14, 2012 5:01 PM
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The AMT is catching me - cap gains tax plus AMT equals 22% effective tax rate in my tax program at my income level for my long term capital gains. Guess I'll hold on to my stocks till my income drops. And, to answer Janosik above, why should the government get the hard earned money I already paid taxes on instead of my children and grandchildren? Estate tax should be ZERO. My four children are all hard working - two teachers, one chiropractor and one CEO. The two school teachers could use the money more than the government - and would use it to pay their children's educations. And, none, by the way, is a "spoiled brat"! I don't have the kind of net worth the article is discussing, but, if I did, I should be able to keep it!
Posted by: cherylrein | November 14, 2012 2:19 PM
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QUESTION Are the children and future generations of the wealthy so retarded that they are the truly 47% DEPENDENT ON INHERITANCE. Too bad these spoiled brats never learned anything. You would think they could have been educated to become constructive human beings. Perhaps the best thing would be to cap the estate at 1 million at Zero tax and all excess taxed at 100%. It is sad that so much intelligence at CPA firms and financial firms is wasted on the re-establismnet of fuedalism.
Posted by: Janosik | November 13, 2012 4:06 PM
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Taxpayers with no taxable net income other than long term capital gain income will have -0- tax liability if they sell, then repurchase, securities in 2012......
Posted by: debkalakis | November 13, 2012 1:55 PM
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The JP Morgan calculation on cap gains is correct. Their 23.8 percent takes into account the 3.8 percent surcharge on unearned income of high earners.
Posted by: vanhoet | November 13, 2012 9:45 AM
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Your Capital gains calculation is incorrect:
"An investor who sells $100 of stock with a cost basis of $20 in 2012 would see proceeds--after capital gains taxes--of $88, according to an analysis by J.P. Morgan Private Bank. Next year, if Congress doesn't act, earnings from the sale would drop to $80.96 if rates rise to 23.8 percent..."
For a top rate taxpayer the capital gains are 15% pre bush were 20%
Your example of a LTCG of $80 the tax would be $12 for 2012 and $16 if the bush tax years expire, resulting in a net amount of $88 and $84 respectively.
Posted by: jeromanix | November 13, 2012 9:18 AM
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