Tax Law change under the new Trump Administration? Maybe, but too soon for planning

Enacting Major Changes Will Take Time

President Trump made tax reform a key issue in his campaign. He is now president and Republicans are in charge of the House and Senate, so the likelihood of overhauling the federal tax system is better than they have been for decades.

However, President Trump and Congress are trying to enact changes to the Affordable Care Act as well as addressing budget issues and foreign relations. Also, dealing with all the recent hearings involving the FBI have diverted attention. Finally, there are many details that need to be worked out, making it unlikely that major changes will happen until 2018.

Change in IRS Regulations

President Trump has already made changes in IRS regulations. On his first day in office, he temporarily froze tax regulations and then shortly thereafter, ordered that two existing regulations had to be removed for each one that was added. What is the impact?

  • The Trump administration has stated that the two-for-one exchange rule only applies to significant regulatory actions. The rule may not affect the many IRS regulations that are procedural in nature or are needed by taxpayers.
  • One new regulation that has been threatened is the Department of Labor’s new fiduciary rules for retirement advisers. This updated regulation requires retirement advisers to act in their clients’ best interests, which is a stricter standard than was previously required.
  • Also affected are the new partnership audit procedure. A 2015 law streamlined the exam process of large partnerships. The IRS released proposed regulations which implemented the regime on January 18. However, it later pulled the regulations in response to the freeze.

Possible Tax Law Changes – Lower Corporate Tax Rate

Currently, the corporate tax rate tops out at 35%. House Republicans want to lower it to 20% with 25% for businesses that pass income through their owners and for those that are self-employed. President Trump is calling for a 15% corporate tax. In 2014, nearly 25 million Americans filed taxes as sole proprietors (Schedule C), so the change affects many taxpayers.

Tax strategy: Under this change, individuals who are high-earning could become independent contractors or set up LLCs to shift income and advantage of the lower corporate tax rate. Additionally, those who own pass-through businesses could reduce their salaries and take higher profits.

This is how residents of Kansas responded to a similar state law. The state is now working to repeal a law passed in 2012 that exempted pass-through firms from state income tax. The result was that many individuals and businesses in the state restructured their business as pass-through entities or created new businesses to take advantage of the tax break. In just a few years, the number of pass-throughs in the state almost doubled. The state is now facing a large budget deficit as a result because the pass-through exemption is estimated to have cost the state $472 million in 2014 alone. The cost for 2015 was even higher.

The impact of this tax strategy on the 15% tax at the federal level would be expensive. It is estimated to cost up to $1.95 trillion in lost tax revenues over the next ten years. The Trump administration is considering ways to prevent abuse of this low tax rate but any attempt to prevent gaming the system will likely add more complexity to the tax code. Tax-savvy practitioners will likely still be able to find loopholes.

Tax only on Income Earned inside the US

Worldwide income is taxed presently, with credits for foreign taxes paid. The proposed law would generally tax only income that is earned within U.S.

Multinational Tax: A new, low tax on multinationals is part of the proposed tax, added to raise revenue to fund other rate reductions.

Estate Tax Repeal

Republicans would like to repeal the estate tax. President Trump would impose a tax on pre-death appreciation of assets, with a $10 million per couple exemption. There would be no step up in basis at death. And it is likely that gift tax rules would be retained.

Even if the federal estate tax law is repealed, many states will continue to impost a tax. Massachusetts only exempts $1 million of assets passing to someone other than a spouse, such as a trust. New York and other states have higher exemptions. Thus, planning is still important for most people.

Planning Opportunities

With the uncertainty of any change being enacted, this is not an easy year for planning. For example, this may not be the year for a Roth conversion, if tax rates will go down next year. It may not be the time for complex estate planning techniques involving irrevocable transfers, if the estate tax is eliminated in 2018.

We will keep monitoring this to assess any moves that do make sense and update this post when the likelihood of real changes becomes clear.

Divorce, do you litigate or mediate? Well, do you want to be right or happy?

Someone once said:

“You can be right or happy.”

It’s true; and it’s a choice!

Okay, but how does that apply to divorce?

Trying to prove you are right usually means going to court, hoping that the judge affirms your view and declares you the just one. When you try to persuade a judge to adopt your view of “right,” you enter lengthy and costly litigation. In contrast, seeking to be happy usually means using mediation to work out a settlement so you can move on with your life. You save time and money.

Leaving aside situations involving abuse or criminal activity, couples should choose mediation over litigation. When you separate and divorce, you are dissolving a partnership. As with any other financial separation, if you minimize emotional reactions, you are can reach a fair outcome more quickly with fewer lasting scars. And you have are more likely to find happiness in your new, separate lives.

When emotions guide your finances, the outcome is not often the best. Going to court for your divorce will certainly cost more and take longer, but it is also unlikely to result in an outcome with which you are happy.

Costs

The typical cost for mediation in Massachusetts is $3,500. If you choose to go to trial, your cost will exceed $30,000. Add in depositions and expert testimony, and your total will easily exceed $100,000.

Time

The time to complete mediation and sign a separation agreement to sign is up to you. Typically, you can be done in a couple of months. Litigated divorce depends on the judge’s schedule. This means that your first appearance could be six months or more from the date you file. If you have multiple days in court, the total time to completing trial and receiving a final decree from the judge could take well over a year.

Emotions

Litigated divorce involves a battle to show who is right. Attorneys vigorously representing their clients can make the process seem quite nasty. This can lead to anger and hurt feelings that mediation may avoid.

Children

Going to court to fight over finances does not project the best message to children who need love and understanding during the upheaval of their parents separating. The emotional impact of fighting in court can spill over into how parents interact when dealing with their children.

Better Outcome

Successful mediation often reveals possible solutions that other dispute resolution methods may not. If these solutions provide a better result for both parties, then mediation has created a better outcome. s

Save your time and money, use mediation. Then move on. You are likely to be happier this way.