Last year, we provided a three-part series explaining the impact of the new tax law. In our first part, we discussed the impact of the new law on personal taxes and in our second part, we discussed planning for small businesses. In this part, we update the third part posted last year, which is our guide for year-end moves to reduce total taxes between 2019 and 2020.
Can you act at
Each year we advise that you be practical, focusing on where
you can actually take action.
For many, the new $24,000 standard deduction for married
couples, $12,000 for single taxpayers, means you will not itemize (i.e., your
total for itemized deductions is less than the standard amount so you take the
higher, standard deduction). The
standard deduction goes up when you reach 65.
If you are not itemizing, you have fewer ways in which to
affect change in the taxes due in either year (but you can also stop collecting
receipts for those deductions!).
One technique for getting around the limit is to bunch
deductions from two or more years into one year. The one deduction that you can easily move is
for charitable donations. Your state,
local and real estate taxes are limited to a $10,000 maximum and you cannot
accelerate, or delay, significant amounts of mortgage interest.
If you do not want any one charity to receive the full
amount in a single year, you can still use this bunching strategy. Donate to a donor advised fund, from which
you may be able to designate donations to particular charities in future years.
IRA donations: If you are 70½ or older, you have the option of distributing up to $100,000 from your IRA or other qualified plan to an IRS-approved charity and having none of the distribution taxed.
Capital Gains: Review your portfolio. You may be able to “harvest losses” to offset capital gains realized on stock sales or mutual fund capital gains distributions. If you have substantial unrealized gains, consider donating to a charity. See below.
The tax planning
If you are able to itemize, determine what income and deductions you can move from 2019 to 2020 or vice versa. You want to minimize total taxes for both years. Make sure your planning includes the 3.8% Medicare tax on high income and review Roth conversions (Roth distributions are not taxed, so converting a traditional or roll-over IRA to a Roth could be beneficial, as long as the tax cost now is not too great). And business owners will want to review our post on planning under 199A for QBID.
Next, review the impact of moving income and expense to see what happens if you shift any of these amounts from one year to the other year.
But, watch for the Alternative Minimum Tax (“AMT”):
The exemption for the AMT and the threshold
above which that exemption gets phased out are now higher than before 2018, so fewer
taxpayers will owe the AMT.
Finally, if you have not maxed-out your 401(k) plan, IRA, Health Savings Account or flex plan account, consider doing so before the end of the year.
Your mutual funds may have large capital gains distributions. Christine Benz says, “Brace yourself: 2019 is apt to be another not-so-happy capital gains distribution season, with many growth-oriented mutual funds dishing out sizable payouts.”
your unrealized losses to see if you can “harvest” those losses to offset or “shelter”
realized gains, reducing your total taxable income. If you have more losses than gains, you can
take up to $3,000 of capital losses against other income.
you sell an asset that you would prefer to retain, in order to realize gains in
2019, make sure you do not run afoul of the wash-sale rule (any loss on an
asset that you repurchase in 30 days will be disallowed, so you have to either
wait 30 days or purchase a similar asset that fits your asset allocation while
not counting against the wash sale rule).
If you have significant unrealized gains, consider using
appreciated stock for charitable donations – that way you avoid the tax on the
gain while still getting the full fair market value for your charitable
Some reminders on itemized
As you may recall, mortgage interest on new home purchases is deductible only for loans of up to $750,000 used to purchase or improve your primary or secondary residence. Interest on home equity loans will not be deductible, except when the home equity indebtedness is used to purchase or improve the residence.
Also, all miscellaneous deductions were eliminated. This includes investment and tax preparation
fees, safe deposit box charges and unreimbursed employee business expenses. And moving expenses are no longer allowed
(except for military personnel in certain cases).
Check taxes paid
Make sure your total paid in withholdings and estimates
meets the safe harbor rules. If not, you
could owe interest for under-withholding.
Estate plan review
While you review your taxes, consider reviewing your estate plan and beneficiary designations. The federal exemption is just over $11 million in 2019, so fewer people will owe any federal estate tax. However, many states still impose estate taxes on smaller estates. If you have “excess wealth” and want to reduce your taxable estate by gifting assets to children or others, you can give $15,000 per person, per year. If your spouse joins you, that is $30,000 per person. This includes funding a 529 plan for education costs – expanded to provide for more than just college.
Note, however, that holding appreciated assets for the step up in basis at death may be better for your heirs than gifting.
Check on 2018
Check to see if you over-paid a penalty for
under-withholding. If you filed early,
the penalty calculation may have over-stated the total you owe, so you will
want to review your 2018 filing.
Carefully review any income and deductions that you can
still shift to see if moving will lessen the total taxes you pay for 2019 and 2020.
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.
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.
The election of Donald J. Trump could have a significant impact on your finances. Individual and corporate tax laws may change, the Affordable Care Act may be eliminated, trade war may ensue, infrastructure building may boost jobs and sectors of the economy, and national defense and diplomacy could lead almost anywhere – your guess is as good as anyone else’s.
So then, how do you incorporate this into year-end planning? Very carefully!
Our analysis starts with a review of his proposal to limit corporate income taxes to 15% as a way to illustrate how tricky planning is:
Analysis of the way this limit applies to pass-through entities suggests that the 10-year cost could be anywhere from $4.4 trillion, assuming owners of pass-throughs pay 33% tax, to $5.9 trillion, assuming owners only pay a 15% tax.
Those are hefty cost numbers, which is why it is tricky to assume that any major tax changes will be enacted in 2017.
There could be three rates on ordinary income: 12%, 25% and 33%, with the latter starting at $225,001 for married filers and $112,501 for single filers. The 0.9% and 3.8% Affordable Care Act surtaxes on upper-incomers would be eliminated. So would the AMT (“alternative minimum tax”). The 20% maximum capital gains tax would remain. Standard deductions would go up, personal exemptions would be eliminated and breaks for dependent care would be increased.
The President Elect has revised his estate tax proposal, calling now for pre-death tax on appreciation in assets of large estates, subject to a $10-million-per-couple exemption. This may be accomplished by limiting the step-up in basis for heirs who inherit capital assets from large estates.
Another change would be elimination of the IRS’s proposal to restrict the use of valuation discounts for gift and estate tax purposes on intrafamily transfers of closely held firms.
Investing and retirement
Infrastructure building could boost certain investments, while conflicts on trade agreements could hurt many.
His proposed tax changes for retirement plans include extending the age for which contributions to IRAs are allowed and delaying required minimum distributions (RMDs).
Okay, enough, how does one act now?
Some moves still make sense
Tax plan – deferring income into 2017 and adding deductions to 2016 should work well, unless doing so puts you in the AMT, in which case the reverse will work best.
Most of our suggestions from our 2015 year-end planning post still work, including RMDs, 3.8% Medicare surtax, itemized deductions, stock options, investment income and sole proprietor and small business income. Also check out our estate planning post for more ideas.
If your deductions include donating to charities, gifting appreciated assets leverages your donation. That is, you can avoid the income tax on capital gains while still benefiting from the charitable deduction. Watch for the rules on exceeding 30% of your adjusted gross income and donating to private charities.
Research Your Charities
Check out websites like such as ImpactMatters and GiveWell to make sure what you donate has the best impact. Other tools include Agora for Good, a tool to track donation impact over many sectors.
Investing – your strategy should not be altered in any dramatic way now.
If you do sell mutual funds, be sure to wait to buy replacement funds until after the dividend distribution date, so you do not end up with a taxable distribution on gains in which you did not participate
Many of the income and estate tax rules may change during 2017. However, for now, your safest plan is to assume little changes and stick to the “traditional” techniques outlined above.
After reading a recent article in Kiplinger’s Finance Magazine on simplifying your finances, I wondered if your personal finances can really be made simple. While many of us may hope so, I am not sure that “simple” is best.
However, gaining control of your finances and gaining a better understanding do make sense.
Okay, that does need to be simplified!
Here are some ways that help you gain control that may also “simplify” your life:
Cash management and Debt management
Set up automatic payments with vendors so they use your bank or credit card, or set up payments using your bank website.
If the payments are regular, and of similar amounts, you save time and can plan on the withdrawals.
However, if you change banks, sorting and resetting auto-pay at the new bank can be a major headache. Similarly, if you change credit cards, you need to update information with all vendors.
You can also automate tracking of your spending by using websites like Mint or Personalcapital. Or, you can use Quicken or QuickBooks software from Intuit to track your bank and credit card accounts. You can download from your bank and credit card websites into the program and then review to analyze your cash flow and spending.
Setting up direct deposit for payroll into your checking is great. You can also split part so it goes to savings or even have some go to your investment accounts. You will then need to follow up to invest the cash that accumulates, but having money set aside saves it from being spent, and adds to your investments
Kiplinger’s recommended consolidating retirement accounts to avoid low balance fees. It also makes updating beneficiary designations easier.
While avoiding fees makes sense, am not sure that putting all investments into a single retirement account does. You cannot do this if you have Roth and pre-tax accounts like a 401(k) plan, and you probably should not do it if you have contributory IRA and 401(k) accounts that are subject to different tax rules.
Kiplinger’s also recommended using one broker for your taxable accounts. This makes more sense, in that you have a higher balance which should mean lower fees and more attention from the broker. However, I prefer using exchange traded funds, or ETFs, and avoiding most broker fees, which means essentially no attention from a broker.
One article said that your investment plan should be to “sign up and forget it.” While avoiding investment pitfalls like second-guessing yourself out of panic when a fund goes down is good, I do think you need to review and rebalance your investments once a year.
Another article recommended using an “all in one” fund for investing. Now, this really troubles me. If your sole goal is retirement, then an age-targeted fund could make sense. But, if you are saving for goals with different time horizons, this is a bad idea.
If you use an age-targeted fund, do your homework on the funds. For example, if the fund plans to suddenly shift to bonds when you retire, that will not serve you well because you are likely to have several decades for which you will need the growth from stocks.
Protecting your information
Having a master password for access to all your other passwords reminds me of the joke about the student who repeatedly distilled his notes down, first to an outline, then to note cards, and finally to one word. How did he do on the day of the exam? He forgot the word.
Nonetheless, having passwords is clearly important so having a way to manage them is as well. Check out this recent review of apps for managing your passwords PC Magazine Best Password Managers for 2015. You can manage the passwords yourself by creating a document that you save as a PDF and then encrypt. But don’t forget the password you used for the PDF!
Store files in one place
We did a post on using cloud storage when you do not need originals. Here is another site to check out: Shoeboxed
In addition to downloading transactions as noted above, you can track your credit score and credit history by using sites like Credit Karma
For insurance purposes, and for your estate plan, having a record of possessions, you can list all your property using sites like Know your stuff home inventory.
There are ways to gain better understanding of your finances that also make your finances simpler. But setting simplification as your primary goal risks distorting your finances – too simple may be a bad result.
P.S. Our sister website, www.wokemoney.com, encourages you to gain a better understanding of your finances so you can handle your own planning. Let me know what you think.