After Obama win, wealthy scrambling to make tax moves

Many accelerating investment income ahead of expected rate hikes; 'The Fast
and the Furious'

The race is on for wealthy Americans to save on taxes before Jan. 1.

Description: taxes

(Photo: Bloomberg News)

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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 (SPX), 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. (JPM)'s
private bank unit. 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.

Democrats maintained control of the U.S. Senate in the election results this
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.

Tax Increases

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.

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.

Funding Trusts

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
<http://www.investmentnews.com/dcce/20110902/42/424/MF_PROFILE/2633987>
Invesco Ltd. (IVZ)

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.

Future Generations

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.”

--Bloomberg News--

 

 

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