April 17th is a month behind us now and hopefully your accountant had some well-deserved rest and relaxation because the uncertainty surrounding future tax law will probably lead them to a few sleepless nights between now and year-end. Some tax provisions, like qualified charitable IRA distributions, have already expired while the current income and capital gains tax rates are set to expire at the end of this year. Here’s a list of some of the more common expiring and new tax provisions.
The politics of a presidential election year and an obstinate Congress make trying to predict how they will address the potential tax increases and spending cuts pure speculation, especially with the headwinds facing the global economy. No action could lead to something the New York Times referred to as “taxmageddon.” But as we saw in 2010, a deal could be reached in late December that retroactively affects any tax planning done that year as well as changes the future tax landscape.
So what should you do? This is a great time of year to do some big picture financial planning.
This is the time of year to ask your accountant for advice, not April 13th and not December 27th.
Take stock of your current situation by projecting what your income and tax situation is likely to be under current law. Then start to think about some of the strategies you could use to address potential tax code changes, including:
Could it make sense to bring income forward? E.g., recognizing income, incentive compensation, stock options, or capital gains (including the sale of a business) this year instead of a future year; reconsidering a Roth conversion; distributing C-corp dividends.
Could it make sense to delay itemized deductions like charitable contributions if your tax rate will be higher in a future year? Or could it make sense to accelerate itemized deductions if you may be affected by the itemized deduction phase-out rule?
Could it make sense to change ownership of certain assets for income or estate tax purposes? E.g., equalizing estates for unmarried partners, gifting to younger generations outright or through trusts, or moving tax-inefficient investments to tax-deferred accounts.
Of course, it is important not to get overzealous and let the “tax tail wag the dog.” Decisions need to be made with a holistic view of your particular financial and tax situation over a period of years.
And I hear accountants scream “Remember Section 4981A” like Texans yelled “Remember the Alamo,” where individuals with substantial IRAs took early distributions to avoid an excise tax included in the Tax Reform Act of 1986 only to have existing balances excluded from the tax.
So although you may implement any tax-saving strategies today, a little planning now will make you better prepared to deal with whatever may lie ahead.
NOTE: For your reading pleasure, see the Joint Committee on Taxation’s report detailing a list of 140+ expiring tax provisions.