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Individual Tax Planning
By Douglas S. Ruttenberg

Executive Tax Forum - November 7, 2013
DRAFT COPY OF 2013 FORM 1040 AS OF JULY 26, 2013

Executive Tax Forum - November 7, 2013
DRAFT COPY OF 2013 FORM 1040 AS OF JULY 26, 2013

Executive Tax Forum - November 7, 2013
High Earners –
Challenging Environment
•

Higher top income tax rates – Up to 39.6%
- Income > $450,000 Married Filing Joint (MFJ)

•

Higher top rates for capital gains & dividends of 20%
- Income > $450,000 MFJ

•

All taxpayers : Return of the 6.2% Social Security Tax for
employees or self employed - 2% increase

Executive Tax Forum - November 7, 2013

4
High Earners –
Challenging Environment
•

New .9% payroll tax on wages & self employment income (SEI)
- If combined wages or SEI > $250,000
- Employers required to withhold on wages > $200,000

•

New 3.8 % surtax on net investment income
- Income > $250,000 MFJ

•

Limits on personal exemptions (PEP)
- Income > $300,000 MFJ

•

Limits on itemized deductions (PEASE)
- Income > $300,000 MFJ

Executive Tax Forum - November 7, 2013

5
Examples: 2013 vs. 2012 Taxes
• Social Security or S/E Tax – Up ~~ $2,300 per max
wage base
• Married Couple with $625,000 of Income and
$125,000 of Deductions
– Wages $600,000, Dividends 20,000, Interest $5,000
» $5,000 Increase
– Wages $480,000 Dividends 140,000 , Interest $5,000
» $10,000 Increase
– And what if wages were 1,000,000? $47,000 INCREASE
SOME GOOD NEWS - AMT exemption is permanent (?)

Executive Tax Forum - November 7, 2013

6
What’s a Taxpayer To Do?
Defer income unless expected higher tax bracket in 2014:
• Avoid reaching AGI thresholds
– Triggers higher rates , phase-puts & limitations
- 39.6% rate, 20% cap. gain/dividend rate,
- PEP & PEASE phase-outs
• Delay bonuses
• Delay option recognition
• For business owners, delay billing – watch cash vs.
accrual method

Executive Tax Forum - November 7, 2013

7
Accelerating Deductions (caution)
•
•

Timing charitable contributions
Enhanced write-off’s for equipment purchases
– 2013 Section 179 Limits for purchase of tangible personal
property
• For taxpayers in states with No State Income Tax, accelerate
purchases of large ticket items to benefit from itemized
deductions of sales tax (Disappears in 2014 unless extended)
• Phase-out of itemized deductions for high-income taxpayers
can eliminate some of tax benefit of prepaying

Executive Tax Forum - November 7, 2013

8
Obstacles with Deferring
Income/Accelerating Expenses
•

Alternative Minimum Tax might eliminate tax benefits for
regular tax purposes or mitigate effect of PEP & PEASE

•

Passive activity limits bar use of losses

•

At risk rules may limit deductions

Executive Tax Forum - November 7, 2013

9
Who Should Accelerate Income/
Defer Expenses?
•

Will additional income put you in a higher bracket in 2014?

•

If your status as head of household or surviving spouse ends
in 2013
-

•

Planning to marry in 2013?
-

•

Loss of preferential brackets (unless extended)

What is the impact of the marriage penalty?

Expect to start drawing Social Security in 2014?
-

What is the tax impact of higher AGI

Executive Tax Forum - November 7, 2013

10
Retirement Plan Distributions
•

If Aged 70 ½ & Over

–

Direct IRA Distributions ≤ 100,000 for Taxpayers to Charity
•

Then distribution does not factor into AGI computation

•

2013 is final year for this tax break unless extended

•

Qualifies as RMD

•

Limit annual payouts from retirement plans to the RMD; keep AGI
down (lower ordinary income/cap gains rates, mitigate Medicare
surtax, minimize itemized deduction phase-out, etc.); or

•

Accelerate if low tax bracket, losses, etc.

Executive Tax Forum - November 7, 2013

11
Other Considerations
• Medical expenses threshold now 10% of AGI if < 65
• Over 70 ½
– RMD before December 31st
– Beneficiaries of inherited IRA’s
• Consider your options with respect to Social Security &
Medicare
• Review your estate plan – Not just a federal tax

Executive Tax Forum - November 7, 2013

12
Other Considerations
•
•
•
•
•

Gifting
Is now the time for a Roth Conversion?
Maximize 2013 retirement plan contributions?
- Consider plan options
Does D.O.M.A. change your tax situation?
- INCOME TAX, SOCIAL SECURITY, ESTATE TAX
Foreign filing requirements
- Bank accounts, investments, trusts & estates,
gifts, ownership

Executive Tax Forum - November 7, 2013

13

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Individual Tax Planning

  • 1. Individual Tax Planning By Douglas S. Ruttenberg Executive Tax Forum - November 7, 2013
  • 2. DRAFT COPY OF 2013 FORM 1040 AS OF JULY 26, 2013 Executive Tax Forum - November 7, 2013
  • 3. DRAFT COPY OF 2013 FORM 1040 AS OF JULY 26, 2013 Executive Tax Forum - November 7, 2013
  • 4. High Earners – Challenging Environment • Higher top income tax rates – Up to 39.6% - Income > $450,000 Married Filing Joint (MFJ) • Higher top rates for capital gains & dividends of 20% - Income > $450,000 MFJ • All taxpayers : Return of the 6.2% Social Security Tax for employees or self employed - 2% increase Executive Tax Forum - November 7, 2013 4
  • 5. High Earners – Challenging Environment • New .9% payroll tax on wages & self employment income (SEI) - If combined wages or SEI > $250,000 - Employers required to withhold on wages > $200,000 • New 3.8 % surtax on net investment income - Income > $250,000 MFJ • Limits on personal exemptions (PEP) - Income > $300,000 MFJ • Limits on itemized deductions (PEASE) - Income > $300,000 MFJ Executive Tax Forum - November 7, 2013 5
  • 6. Examples: 2013 vs. 2012 Taxes • Social Security or S/E Tax – Up ~~ $2,300 per max wage base • Married Couple with $625,000 of Income and $125,000 of Deductions – Wages $600,000, Dividends 20,000, Interest $5,000 » $5,000 Increase – Wages $480,000 Dividends 140,000 , Interest $5,000 » $10,000 Increase – And what if wages were 1,000,000? $47,000 INCREASE SOME GOOD NEWS - AMT exemption is permanent (?) Executive Tax Forum - November 7, 2013 6
  • 7. What’s a Taxpayer To Do? Defer income unless expected higher tax bracket in 2014: • Avoid reaching AGI thresholds – Triggers higher rates , phase-puts & limitations - 39.6% rate, 20% cap. gain/dividend rate, - PEP & PEASE phase-outs • Delay bonuses • Delay option recognition • For business owners, delay billing – watch cash vs. accrual method Executive Tax Forum - November 7, 2013 7
  • 8. Accelerating Deductions (caution) • • Timing charitable contributions Enhanced write-off’s for equipment purchases – 2013 Section 179 Limits for purchase of tangible personal property • For taxpayers in states with No State Income Tax, accelerate purchases of large ticket items to benefit from itemized deductions of sales tax (Disappears in 2014 unless extended) • Phase-out of itemized deductions for high-income taxpayers can eliminate some of tax benefit of prepaying Executive Tax Forum - November 7, 2013 8
  • 9. Obstacles with Deferring Income/Accelerating Expenses • Alternative Minimum Tax might eliminate tax benefits for regular tax purposes or mitigate effect of PEP & PEASE • Passive activity limits bar use of losses • At risk rules may limit deductions Executive Tax Forum - November 7, 2013 9
  • 10. Who Should Accelerate Income/ Defer Expenses? • Will additional income put you in a higher bracket in 2014? • If your status as head of household or surviving spouse ends in 2013 - • Planning to marry in 2013? - • Loss of preferential brackets (unless extended) What is the impact of the marriage penalty? Expect to start drawing Social Security in 2014? - What is the tax impact of higher AGI Executive Tax Forum - November 7, 2013 10
  • 11. Retirement Plan Distributions • If Aged 70 ½ & Over – Direct IRA Distributions ≤ 100,000 for Taxpayers to Charity • Then distribution does not factor into AGI computation • 2013 is final year for this tax break unless extended • Qualifies as RMD • Limit annual payouts from retirement plans to the RMD; keep AGI down (lower ordinary income/cap gains rates, mitigate Medicare surtax, minimize itemized deduction phase-out, etc.); or • Accelerate if low tax bracket, losses, etc. Executive Tax Forum - November 7, 2013 11
  • 12. Other Considerations • Medical expenses threshold now 10% of AGI if < 65 • Over 70 ½ – RMD before December 31st – Beneficiaries of inherited IRA’s • Consider your options with respect to Social Security & Medicare • Review your estate plan – Not just a federal tax Executive Tax Forum - November 7, 2013 12
  • 13. Other Considerations • • • • • Gifting Is now the time for a Roth Conversion? Maximize 2013 retirement plan contributions? - Consider plan options Does D.O.M.A. change your tax situation? - INCOME TAX, SOCIAL SECURITY, ESTATE TAX Foreign filing requirements - Bank accounts, investments, trusts & estates, gifts, ownership Executive Tax Forum - November 7, 2013 13