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Proactive Year-end Financial and Tax Planning Strategies

The document outlines year-end financial and tax planning strategies presented by a panel of CPAs, focusing on the implications of the American Tax Relief Act (ATRA) and the Net Investment Income Tax. It includes comparisons of tax rates from 2012 to 2013, provisions under healthcare reform, and considerations for same-sex marriage related to tax laws. The presentation aims to help financial professionals guide clients through planning strategies before the year's end, addressing various tax issues and planning concerns.

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Proactive Year-End Financial and Tax Planning Series: Year-End Financial and Tax Planning Strategies to Address ATRA and the Net Investment Income Tax Presented by: Beth Gamel, CPA/PFS, AEP® Robert Keebler, CPA, MST, AEP® Ted Sarenski, CPA/PFS, CFP®, AEP® Scott Sprinkle, CPA/PFS, CGMA, CFP® 1
Introduction About the PFP Section & PFS Credential • The AICPA PFP Section provides information, resources, advocacy and guidance for CPAs who specialize in providing estate, tax, retirement, risk management and investment planning advice to individuals and their closely held entities • The CPA/Personal Financial Specialist (PFS) credential distinguishes CPAs as subject-matter experts who have demonstrated their financial planning knowledge through experience, education and testing American Institute of CPAs® Personal Financial Planning Section 2
Today’s Speakers Beth Gamel, CPA/PFS, AEP® Pillar Financial Advisors, Inc. Robert S. Keebler, CPA, MST, AEP® Keebler & Associates Ted Sarenski, CPA/PFS, CFP®, AEP® Blue Ocean Strategic Capital, LLC Scott Sprinkle, CPA/PFS, CGMA, CFP® Sprinkle & Associates LLC Sprinkle Financial Consultants LLC American Institute of CPAs® Personal Financial Planning Section 3
Agenda Year-end planning strategies for addressing: • American Tax Relief Act (ATRA) • Net investment income tax Throughout the event, panelists will discuss planning strategies to consider with clients before Dec. 31 related to: • • • • • • Tax Estate Investment Retirement Insurance Healthcare reform American Institute of CPAs® Personal Financial Planning Section 4
Overview of New Tax Considerations Under ATRA American Institute of CPAs® Personal Financial Planning Section 5
American Institute of CPAs® Personal Financial Planning Section 6
Comparison of 2012 and 2013 Rates Top Ordinary Income Rate - Salary Top Ordinary Income Rate - Investment Income Top Capital Gain Rate Top Tax Rate on Dividends Payroll Tax Medicare Surtax on Investment Income Payroll Surtax on Earned Income Estate Tax Rate 2012 35% 35% 15% 15% 10.40% 0% 0% 35% 2013 39.6% 39.6% 20% 23.8% 12.4% 3.8% 0.9% 40% 2013 Adj 41.292% * 44.192% ** 24.592% *** 24.592% *** 12.4% 3.8% **** 0.9% 40% *Includes phase-out of deductions and 0.9% healthcare wage tax **Includes 3.8% Surtax and phase-out of deductions ***20% base rate plus 3.8% Surtax plus 0.792% adjustment for itemized dedcutions ****Threshold amounts are $200,000 for single filers, $250,000 for joint returns, and $11,950 for Estates/Trusts © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 7
The government is reopen…for now Continuing Appropriations Act Debt ceiling suspended until Feb. 7 Provides sufficient funding to reopen government through Jan. 15 Establishes congressional budget conference that would issue a report no later than Dec. 13 Help protect the U.S. credit rating from a threatened downgrade that would have affected borrowing costs S&P 500 increased in response to the news Standard & Poor's estimated that as of the day before the agreement, the shutdown had cost the U.S. economy $24 billion, cutting roughly 0.6% from inflation-adjusted Q4 gross domestic product.** (S&P also estimated that had there been a default, the result would have put the economy into recession.) *Source: U.S. Treasury Resource Center (www.treasury.gov) Daily Treasury Yield Curve Rates as of 10/17/2013. **Source: Standard & Poor's press release, October 16, 2013. American Institute of CPAs® Personal Financial Planning Section 8
Healthcare Reform 2014 rules for those who do and don’t have insurance Insurance exchanges Small business considerations • Pay the penalty or provide insurance? • Educating employees if insurance isn’t provided Important to educate clients now so that they can adequately prepare Visit aicpa.org/pfp for more information • Podcast and webcast archive (under CPE & Events) American Institute of CPAs® Personal Financial Planning Section 9
Key Planning Concerns Following DOMA Estate Tax Returns Portability for 2011 and 2012 returns IRA Rollovers Gift Tax Returns Gift Splitting Recall: Same-sex spouses are married for ALL federal tax purposes Visit aicpa.org/pfp for more information • Podcast and webcast archive (under CPE & Events) © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 10
Considerations Following DOMA Revenue Ruling 2013-17: • In short, regardless of what state the same-sex couple currently lives in, if they were legally married in a jurisdiction that recognizes same-sex marriages as legal and valid, then samesex spouses are married for ALL federal tax purposes. Filing status: • Same-sex married couples: • Living in a same-sex marriage state - Married for federal tax purposes • Living in a traditional marriage state - Married for federal tax purposes • Effective date: - Filed after 9/16/2013 – same-sex spouses must use MFS or MFJ - Filed before 9/16/2013 – may choose, but are not required to amend return © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 11
Income Tax & Retirement Planning American Institute of CPAs® Personal Financial Planning Section 12
2013 Ordinary Income Tax Rates 10%, 15%, 25% and 28% rates from Bush Administration tax cuts made permanent 33% and 35% rates made permanent up to certain threshold levels— Single taxpayers $400,000 Head of households $425,000 Married filing jointly or surviving spouse $450,000 Married filing separately $225,000 Amounts of income above these threshold levels taxed at 39.6% Threshold amounts adjusted for inflation © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 13
2013—Long-Term Capital Gains & Dividends Tax rate increases to 20% for taxpayers with income above the threshold amounts • As these taxpayers will be above the threshold amounts for the 3.8% surtax, their capital gain rate will actually be 23.8% Maximum rate stays at 15% for taxpayers with lower incomes Qualified dividend treatment is made permanent Under the original Obama Administration proposal, the rate on dividends would have been the ordinary income rate © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 14
Phase-out of Personal Exemptions and Itemized Deductions Phase-out of personal exemptions (PEP) and limitations on itemized deductions (Pease) as income rises above the following threshold amounts-Single taxpayers $250,000 Head of households $275,000 Married filing jointly or surviving spouse $300,000 Married filing separately $150,000 Amounts will be indexed for inflation © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 15
Marriage Penalty Relief Prior to EGTRRA, married taxpayers sometimes paid more tax than two unmarried individuals EGTRRA helped married couples in two ways— • Set the standard deduction for married couples at twice the deduction for single individuals • Increased the 15 percent marginal tax bracket to twice the amount of the 15 percent bracket for an unmarried individual ATRA extends both provisions © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 16
Alternative Minimum Tax (AMT) Over the past decade, several AMT exemption patches have been made. The new law makes these permanent and fixed retroactively. (The last patch expired in 2011) New AMT exemption amount will be $78,750 for married couples, and $50,600 for singles in 2012 AMT amounts will be indexed for inflation in the future © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 17
0.9% Healthcare Tax on Earnings An additional 0.9% surtax on higher income households The tax applies to wages and self-employment income in excess of threshold THRESHOLDS Single taxpayers $200,000 Married $250,000 taxpayers filing jointly There is no employer match on the 0.9 percent tax. © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 18
Net Investment Income Tax Overview Investment Income Beginning with the 2013 tax year, a new 3.8% net investment income tax will apply to all taxpayers whose income exceeds a certain ―threshold amount‖. This new ―surtax‖ will, in essence, raise the marginal income tax rate for affected taxpayers. Thus, a taxpayer in the 39.6% tax bracket (i.e. the highest marginal income tax rate in 2013) would have a marginal rate of 43.4%! © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 19
Net Investment Income Tax Overview APPLICATION TO INDIVIDUALS NIIT is equal to: 1. “Net 1. Net Investment Income investment Income” 3.8% X the lesser of OR OR 2. The excess (if any) of – any) of – 2. The excess (if - “Modified Adjusted Gross Income - “Modified Adjusted Gross - (MAGI) Income (MAGI) “Threshold“Threshold Amount” amount” - © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 20
Net Investment Income Tax Overview APPLICATION TO ESTATES AND TRUSTS NIIT is equal to: 3.8% X the lesser of 1. 1. Undistributed “net investment “Net investment Income” income” for such taxable year OROR 2. 2. The excess (if any) of – The excess (if any) of – - “Modified Adjusted Gross Incomedefined in - “Adjusted Gross Income” (as - (MAGI) section 67)) for such taxable year, over “Threshold amount” at which the highest the dollar amount tax bracket in section 1(e) begins for such a taxable year © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 21
Net Investment Income Includes • • • • • • Interest Dividends Annuity distributions Rents Passive royalties Income derived from passive activity • Net capital gain derived from disposition of property © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Excludes • Salary, wages, bonuses • Distributions from IRAs or qualified plans and Social Security • Self-employment income • Active royalties • Gain on the sale of active interest in partnership or S corp. • Items otherwise excluded or exempt from income under the tax law (i.e., taxexempt bond interest) Personal Financial Planning Section 22
General Income Tax Planning Strategies Rules of thumb like tax deferral no longer apply; planning is very individualized now based on client circumstances Multi-year/multi-scenario projections; spreading income over multiple years will now be important to mitigate the impact of the new laws If accelerating income into a time period makes sense, make use of capital gain harvesting, etc. Clients above the threshold - focus on tax exempt income, retirement account distributions from nondeductible IRAs Clients near the threshold - focus on year-to-year planning to accelerate income and stay below the threshold and monitor investment income American Institute of CPAs® Personal Financial Planning Section 23
Roth IRA Conversion Strategies Roth IRA benefits • • • • • Lowers overall taxable income long-term Tax-free compounding No RMDs at age 70½ Tax-free withdrawals for beneficiaries More effective funding of the “bypass trust” Critical decision factors • • • • Tax rate differential (year of conversion vs. withdrawal years) Use of “outside funds” to pay the income tax liability Need for IRA funds to meet annual living expenses Time horizon The key to successful Roth IRA conversions is to keep as much of the conversion income as possible in the current marginal tax bracket • However, there are times when it may make sense to convert more and go into higher tax brackets American Institute of CPAs® Personal Financial Planning Section 24
Investment & Retirement Planning Strategies Asset placement • Determine what to keep in tax deferred vs. taxable accounts Roth conversions • Use “free look” until tax return extension date to move income and assess impact Annuities may once again become popular as a tax deferral vehicle Use of CRTs to manage gains and smooth income Life insurance and products in general are back in vogue with higher tax rates Defined benefit plans American Institute of CPAs® Personal Financial Planning Section 25
TAX ASSET CLASSES Interest Income Capital Gain Income Dividend Income - Taxable  Money market  Corporate bonds  US Treasury bonds Attributes  Annual income tax on interest  Taxed at highest marginal rates Tax Exempt Interest -Preferentia l Rate -Deferral until sale  Equity securities  Equity Securities Attributes  Qualified dividends at LTCG rate  Return of capital dividend  Capital gain dividends Attributes  Deferral until sale  Reduced capital gains rate  Step-up basis at death © 2012 Prepared by Robert S. Keebler, CPA, MST, AEP (Distinguished) Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com Pension and IRA Income - Tax Deferred  Bonds issued by State and local Governmental entities  Pension plans  Profit sharing plans  Annuities Attributes  Federal tax exempt  State tax exempt Attributes  Growth during lifetime  RMD for IRA and qualified plans  No step-up Real Estate, Oil & Gas and Tax Exempt Bonds - Tax Preferences Real Estate  Depreciation tax shield  1031 exchanges  Deferral on growth until sale Oil & Gas  Large up front IDC deductions  Depletion allowances Roth IRA and Insurance - Tax Free Growth/ Benefits Roth IRA  Tax-free growth during lifetime  No 70½ RMD  Tax-free distributions out to beneficiaries life expectancy Life Insurance  Tax-deferred growth  Tax-exempt payout at death Pursuant to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, nothing contained in this communication was intended or written to be used by any taxpayer for the purpose of avoidi ng penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. No one, without our express prior written permission, may use or refer to any tax advice in this communication in promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any other party. For discussion purposes only. This work is intended to provide general information about the tax and other laws applicable to retirement benefits. The author, his firm or anyone forwarding or reproducing this work shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained in this work. This work does not represent tax, accounting, or legal advice. The individual taxpayer is advised to and should rely on their own advisors. American Institute of CPAs® Personal Financial Planning Section 26
Estate, Trust, and Gift Planning American Institute of CPAs® Personal Financial Planning Section 27
Key ―Permanent‖ Estate, Gift, and GST Changes under ATRA Estate, Gift and GST exemptions set at $5,250,000 for 2013 Applicable exclusion amount will be adjusted for inflation Top transfer tax rate is 40% (up from 35% in 2012; down from 45% maximum rate in 2009) Spousal portability made permanent GST Provisions extended American Institute of CPAs® Personal Financial Planning Section 28
Estate & Gift Planning Strategies Shift away from estate tax planning to true estate planning – ensuring that the plan distributes assets in accordance with client wishes. Put the focus on such topics as: naming guardians; determining beneficiaries, ages for distributions, need for trusts; titling of assets; Powers of Attorney; beneficiary designations for retirement plans, etc. Portability, which allows a surviving spouse to use the unused estate tax exemption of a deceased spouse, offers a ―band aid‖ but does not solve all issues • • • • Even a non-taxable estate will have to file an estate tax return, which could keep the return open for many years. If surviving spouse remarries, portability is lost Portability does not apply for GST purposes Assets at the surviving spouse’s death may have increased in value, but the unused exemption has not. American Institute of CPAs® Personal Financial Planning Section 29
Estate & Gift Planning Strategies Be sure to read your clients’ existing documents! Before 2013 the estate plan of many married couples included a credit shelter trust and a QTIP trust. Do these formula clauses make sense for clients whose combined assets are below $10.5 million? In general, do bypass and QTIP trusts continue to make sense with portability? What about second marriages and creditor protection concerns? What kind of planning should be considered when state and federal estate tax laws differ? Does it make sense to use a credit shelter trust to hold the state exemption amount and then use portability for the excess? For long-term marriages, should the options be leaving assets outright or funding a trust if the surviving spouse disclaims? Does this provide enough flexibility should tax laws change? Need to consider impact of ATRA and healthcare surtax on trusts. Should income be distributed to beneficiaries in lower brackets rather than retained in trust? American Institute of CPAs® Personal Financial Planning Section 30
Rethinking Life Insurance after ATRA What were the reasons for buying the existing amounts and types of life insurance? Are they still valid? If to create estate liquidity, how much life insurance should you have now? If in a trust, how best to deal with policies that exceed current needs? What’s the role of term, whole life and no lapse insurance in the post-ATRA world? What’s the role of charitable giving? American Institute of CPAs® Personal Financial Planning Section 31
Rethinking Life Insurance after ATRA Should ultra high net worth clients use some or all of their transfer tax exemption to purchase a single pay policy? Does the new estate tax regime provide more opportunities for 1035 exchanges? Consider the income tax advantages of life insurance for those in the 39.6% bracket and subject to the 3.8% Medicare surtax. If held individually, should whole life policies be retained to provide tax-free borrowing or to supplement retirement funding? American Institute of CPAs® Personal Financial Planning Section 32
Practical Ideas for Proactive Planning This is the first time since 1986 that it is critical to look at tax ramifications when providing investment advice Face-to-face meetings with clients is crucial this year • Tax projections to compare 2013 to 2012 Use these legislative changes as an opportunity to demonstrate your value and to grow your practice American Institute of CPAs® Personal Financial Planning Section 33
Questions? American Institute of CPAs® Personal Financial Planning Section 34
PFP Section Resources (aicpa.org/PFP) The CPA’s Guide to Financial & Estate Planning– Volumes 1-4 Planning After ATRA and the NIIT Toolkit Forefield Advisor (aicpa.org/pfp/forefield) • • • Client education and communication tool Written by CPAs, attorneys and other subject matter experts. More than 3,000 resources covering personal financial planning, including estate, tax, retirement, investment and risk management planning. More resources on estate, tax, retirement, insurance, and investments (aicpa.org/pfp) AICPA Advanced Personal Financial Planning Conference (cpa2biz.com/PFP) – January 20-22, 2014 in Las Vegas • 2-day session (Jan 18-19) for those in earlier stages of PFP o Implementing PFP Services: Step by Step Plans for Success For the full calendar of upcoming PFP Section events, visit www.aicpa.org/PFP and click on CPE & Events. American Institute of CPAs® Personal Financial Planning Section 35
Upcoming PFP Section Webcasts Register now for these events on post-ATRA planning: • • • Top Estate and Income Tax Planning Strategies (November 11, 1:00-2:45p.m. ET) Investment Tax Planning – Creating Tax Alpha (November 12, 1:00-2:45p.m. ET) Series: The CPA’s Guide to Financial and Estate Planning - Business Succession Planning After the American Tax Relief Act of 2012 (October 31, 1:00-2:45p.m. ET) - Taxation of Divorce (November 21, 1:00-2:45p.m. ET) Other upcoming events: • • PFP Power Hour: How to Use Forefield Advisor in Your PFP Practice (November 14, 3:00-4:00p.m. ET) Trust Situs for Dynasty Trusts & DAPTs (November 15, 1:00-2:45p.m. ET) For the full calendar of upcoming PFP Section events, visit aicpa.org/PFP and click on CPE & Events. To access the archives, visit aicpa.org/pfp/webseminars. American Institute of CPAs® Personal Financial Planning Section
CPA/PFS News and Events PFS Referral Program • Receive 100% credit to apply toward future CPA/PFS dues by referring a CPA to become a PFS or sit for the PFS exam PFS Exam • Register now for Winter window • Discounts, sponsorships and volume pricing available Education Opportunities • Live 2 ½ day review class • In-depth courses in estate, retirement, tax, investments, insurance, and PFP process • Self-study PFS exam review course Learn more at aicpa.org/pfp/pfs American Institute of CPAs® Personal Financial Planning Section 37
Thank you for attending this week’s AICPA Insights® Live event Did you know you can earn CPE Credit on AICPA Insights® Live Webcast Series? Register for the remaining events in the Series and you’ll get: • • • Value-Priced CPE Credit Automatic registration every week – Just log on at 1pm ET! Access to archives for the entire series (Archives are not eligible for CPE.) Visit cpa2biz.com/InsightsLive for more information and the complete schedule of events. American Institute of CPAs® Personal Financial Planning Section

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Proactive Year-end Financial and Tax Planning Strategies

  • 1.
    Proactive Year-End Financial andTax Planning Series: Year-End Financial and Tax Planning Strategies to Address ATRA and the Net Investment Income Tax Presented by: Beth Gamel, CPA/PFS, AEP® Robert Keebler, CPA, MST, AEP® Ted Sarenski, CPA/PFS, CFP®, AEP® Scott Sprinkle, CPA/PFS, CGMA, CFP® 1
  • 2.
    Introduction About the PFPSection & PFS Credential • The AICPA PFP Section provides information, resources, advocacy and guidance for CPAs who specialize in providing estate, tax, retirement, risk management and investment planning advice to individuals and their closely held entities • The CPA/Personal Financial Specialist (PFS) credential distinguishes CPAs as subject-matter experts who have demonstrated their financial planning knowledge through experience, education and testing American Institute of CPAs® Personal Financial Planning Section 2
  • 3.
    Today’s Speakers Beth Gamel,CPA/PFS, AEP® Pillar Financial Advisors, Inc. Robert S. Keebler, CPA, MST, AEP® Keebler & Associates Ted Sarenski, CPA/PFS, CFP®, AEP® Blue Ocean Strategic Capital, LLC Scott Sprinkle, CPA/PFS, CGMA, CFP® Sprinkle & Associates LLC Sprinkle Financial Consultants LLC American Institute of CPAs® Personal Financial Planning Section 3
  • 4.
    Agenda Year-end planning strategiesfor addressing: • American Tax Relief Act (ATRA) • Net investment income tax Throughout the event, panelists will discuss planning strategies to consider with clients before Dec. 31 related to: • • • • • • Tax Estate Investment Retirement Insurance Healthcare reform American Institute of CPAs® Personal Financial Planning Section 4
  • 5.
    Overview of NewTax Considerations Under ATRA American Institute of CPAs® Personal Financial Planning Section 5
  • 6.
    American Institute ofCPAs® Personal Financial Planning Section 6
  • 7.
    Comparison of 2012and 2013 Rates Top Ordinary Income Rate - Salary Top Ordinary Income Rate - Investment Income Top Capital Gain Rate Top Tax Rate on Dividends Payroll Tax Medicare Surtax on Investment Income Payroll Surtax on Earned Income Estate Tax Rate 2012 35% 35% 15% 15% 10.40% 0% 0% 35% 2013 39.6% 39.6% 20% 23.8% 12.4% 3.8% 0.9% 40% 2013 Adj 41.292% * 44.192% ** 24.592% *** 24.592% *** 12.4% 3.8% **** 0.9% 40% *Includes phase-out of deductions and 0.9% healthcare wage tax **Includes 3.8% Surtax and phase-out of deductions ***20% base rate plus 3.8% Surtax plus 0.792% adjustment for itemized dedcutions ****Threshold amounts are $200,000 for single filers, $250,000 for joint returns, and $11,950 for Estates/Trusts © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 7
  • 8.
    The government isreopen…for now Continuing Appropriations Act Debt ceiling suspended until Feb. 7 Provides sufficient funding to reopen government through Jan. 15 Establishes congressional budget conference that would issue a report no later than Dec. 13 Help protect the U.S. credit rating from a threatened downgrade that would have affected borrowing costs S&P 500 increased in response to the news Standard & Poor's estimated that as of the day before the agreement, the shutdown had cost the U.S. economy $24 billion, cutting roughly 0.6% from inflation-adjusted Q4 gross domestic product.** (S&P also estimated that had there been a default, the result would have put the economy into recession.) *Source: U.S. Treasury Resource Center (www.treasury.gov) Daily Treasury Yield Curve Rates as of 10/17/2013. **Source: Standard & Poor's press release, October 16, 2013. American Institute of CPAs® Personal Financial Planning Section 8
  • 9.
    Healthcare Reform 2014 rulesfor those who do and don’t have insurance Insurance exchanges Small business considerations • Pay the penalty or provide insurance? • Educating employees if insurance isn’t provided Important to educate clients now so that they can adequately prepare Visit aicpa.org/pfp for more information • Podcast and webcast archive (under CPE & Events) American Institute of CPAs® Personal Financial Planning Section 9
  • 10.
    Key Planning ConcernsFollowing DOMA Estate Tax Returns Portability for 2011 and 2012 returns IRA Rollovers Gift Tax Returns Gift Splitting Recall: Same-sex spouses are married for ALL federal tax purposes Visit aicpa.org/pfp for more information • Podcast and webcast archive (under CPE & Events) © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 10
  • 11.
    Considerations Following DOMA RevenueRuling 2013-17: • In short, regardless of what state the same-sex couple currently lives in, if they were legally married in a jurisdiction that recognizes same-sex marriages as legal and valid, then samesex spouses are married for ALL federal tax purposes. Filing status: • Same-sex married couples: • Living in a same-sex marriage state - Married for federal tax purposes • Living in a traditional marriage state - Married for federal tax purposes • Effective date: - Filed after 9/16/2013 – same-sex spouses must use MFS or MFJ - Filed before 9/16/2013 – may choose, but are not required to amend return © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 11
  • 12.
    Income Tax & RetirementPlanning American Institute of CPAs® Personal Financial Planning Section 12
  • 13.
    2013 Ordinary IncomeTax Rates 10%, 15%, 25% and 28% rates from Bush Administration tax cuts made permanent 33% and 35% rates made permanent up to certain threshold levels— Single taxpayers $400,000 Head of households $425,000 Married filing jointly or surviving spouse $450,000 Married filing separately $225,000 Amounts of income above these threshold levels taxed at 39.6% Threshold amounts adjusted for inflation © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 13
  • 14.
    2013—Long-Term Capital Gains& Dividends Tax rate increases to 20% for taxpayers with income above the threshold amounts • As these taxpayers will be above the threshold amounts for the 3.8% surtax, their capital gain rate will actually be 23.8% Maximum rate stays at 15% for taxpayers with lower incomes Qualified dividend treatment is made permanent Under the original Obama Administration proposal, the rate on dividends would have been the ordinary income rate © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 14
  • 15.
    Phase-out of PersonalExemptions and Itemized Deductions Phase-out of personal exemptions (PEP) and limitations on itemized deductions (Pease) as income rises above the following threshold amounts-Single taxpayers $250,000 Head of households $275,000 Married filing jointly or surviving spouse $300,000 Married filing separately $150,000 Amounts will be indexed for inflation © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 15
  • 16.
    Marriage Penalty Relief Priorto EGTRRA, married taxpayers sometimes paid more tax than two unmarried individuals EGTRRA helped married couples in two ways— • Set the standard deduction for married couples at twice the deduction for single individuals • Increased the 15 percent marginal tax bracket to twice the amount of the 15 percent bracket for an unmarried individual ATRA extends both provisions © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 16
  • 17.
    Alternative Minimum Tax(AMT) Over the past decade, several AMT exemption patches have been made. The new law makes these permanent and fixed retroactively. (The last patch expired in 2011) New AMT exemption amount will be $78,750 for married couples, and $50,600 for singles in 2012 AMT amounts will be indexed for inflation in the future © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 17
  • 18.
    0.9% Healthcare Taxon Earnings An additional 0.9% surtax on higher income households The tax applies to wages and self-employment income in excess of threshold THRESHOLDS Single taxpayers $200,000 Married $250,000 taxpayers filing jointly There is no employer match on the 0.9 percent tax. © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 18
  • 19.
    Net Investment IncomeTax Overview Investment Income Beginning with the 2013 tax year, a new 3.8% net investment income tax will apply to all taxpayers whose income exceeds a certain ―threshold amount‖. This new ―surtax‖ will, in essence, raise the marginal income tax rate for affected taxpayers. Thus, a taxpayer in the 39.6% tax bracket (i.e. the highest marginal income tax rate in 2013) would have a marginal rate of 43.4%! © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 19
  • 20.
    Net Investment IncomeTax Overview APPLICATION TO INDIVIDUALS NIIT is equal to: 1. “Net 1. Net Investment Income investment Income” 3.8% X the lesser of OR OR 2. The excess (if any) of – any) of – 2. The excess (if - “Modified Adjusted Gross Income - “Modified Adjusted Gross - (MAGI) Income (MAGI) “Threshold“Threshold Amount” amount” - © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 20
  • 21.
    Net Investment IncomeTax Overview APPLICATION TO ESTATES AND TRUSTS NIIT is equal to: 3.8% X the lesser of 1. 1. Undistributed “net investment “Net investment Income” income” for such taxable year OROR 2. 2. The excess (if any) of – The excess (if any) of – - “Modified Adjusted Gross Incomedefined in - “Adjusted Gross Income” (as - (MAGI) section 67)) for such taxable year, over “Threshold amount” at which the highest the dollar amount tax bracket in section 1(e) begins for such a taxable year © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Personal Financial Planning Section 21
  • 22.
    Net Investment Income Includes • • • • • • Interest Dividends Annuitydistributions Rents Passive royalties Income derived from passive activity • Net capital gain derived from disposition of property © 2013 Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com American Institute of CPAs® Excludes • Salary, wages, bonuses • Distributions from IRAs or qualified plans and Social Security • Self-employment income • Active royalties • Gain on the sale of active interest in partnership or S corp. • Items otherwise excluded or exempt from income under the tax law (i.e., taxexempt bond interest) Personal Financial Planning Section 22
  • 23.
    General Income TaxPlanning Strategies Rules of thumb like tax deferral no longer apply; planning is very individualized now based on client circumstances Multi-year/multi-scenario projections; spreading income over multiple years will now be important to mitigate the impact of the new laws If accelerating income into a time period makes sense, make use of capital gain harvesting, etc. Clients above the threshold - focus on tax exempt income, retirement account distributions from nondeductible IRAs Clients near the threshold - focus on year-to-year planning to accelerate income and stay below the threshold and monitor investment income American Institute of CPAs® Personal Financial Planning Section 23
  • 24.
    Roth IRA ConversionStrategies Roth IRA benefits • • • • • Lowers overall taxable income long-term Tax-free compounding No RMDs at age 70½ Tax-free withdrawals for beneficiaries More effective funding of the “bypass trust” Critical decision factors • • • • Tax rate differential (year of conversion vs. withdrawal years) Use of “outside funds” to pay the income tax liability Need for IRA funds to meet annual living expenses Time horizon The key to successful Roth IRA conversions is to keep as much of the conversion income as possible in the current marginal tax bracket • However, there are times when it may make sense to convert more and go into higher tax brackets American Institute of CPAs® Personal Financial Planning Section 24
  • 25.
    Investment & RetirementPlanning Strategies Asset placement • Determine what to keep in tax deferred vs. taxable accounts Roth conversions • Use “free look” until tax return extension date to move income and assess impact Annuities may once again become popular as a tax deferral vehicle Use of CRTs to manage gains and smooth income Life insurance and products in general are back in vogue with higher tax rates Defined benefit plans American Institute of CPAs® Personal Financial Planning Section 25
  • 26.
    TAX ASSET CLASSES Interest Income Capital Gain Income Dividend Income - Taxable Money market  Corporate bonds  US Treasury bonds Attributes  Annual income tax on interest  Taxed at highest marginal rates Tax Exempt Interest -Preferentia l Rate -Deferral until sale  Equity securities  Equity Securities Attributes  Qualified dividends at LTCG rate  Return of capital dividend  Capital gain dividends Attributes  Deferral until sale  Reduced capital gains rate  Step-up basis at death © 2012 Prepared by Robert S. Keebler, CPA, MST, AEP (Distinguished) Keebler & Associates, LLP All Rights Reserved robert.keebler@keeblerandassociates.com Pension and IRA Income - Tax Deferred  Bonds issued by State and local Governmental entities  Pension plans  Profit sharing plans  Annuities Attributes  Federal tax exempt  State tax exempt Attributes  Growth during lifetime  RMD for IRA and qualified plans  No step-up Real Estate, Oil & Gas and Tax Exempt Bonds - Tax Preferences Real Estate  Depreciation tax shield  1031 exchanges  Deferral on growth until sale Oil & Gas  Large up front IDC deductions  Depletion allowances Roth IRA and Insurance - Tax Free Growth/ Benefits Roth IRA  Tax-free growth during lifetime  No 70½ RMD  Tax-free distributions out to beneficiaries life expectancy Life Insurance  Tax-deferred growth  Tax-exempt payout at death Pursuant to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, nothing contained in this communication was intended or written to be used by any taxpayer for the purpose of avoidi ng penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. No one, without our express prior written permission, may use or refer to any tax advice in this communication in promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any other party. For discussion purposes only. This work is intended to provide general information about the tax and other laws applicable to retirement benefits. The author, his firm or anyone forwarding or reproducing this work shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained in this work. This work does not represent tax, accounting, or legal advice. The individual taxpayer is advised to and should rely on their own advisors. American Institute of CPAs® Personal Financial Planning Section 26
  • 27.
    Estate, Trust, andGift Planning American Institute of CPAs® Personal Financial Planning Section 27
  • 28.
    Key ―Permanent‖ Estate,Gift, and GST Changes under ATRA Estate, Gift and GST exemptions set at $5,250,000 for 2013 Applicable exclusion amount will be adjusted for inflation Top transfer tax rate is 40% (up from 35% in 2012; down from 45% maximum rate in 2009) Spousal portability made permanent GST Provisions extended American Institute of CPAs® Personal Financial Planning Section 28
  • 29.
    Estate & GiftPlanning Strategies Shift away from estate tax planning to true estate planning – ensuring that the plan distributes assets in accordance with client wishes. Put the focus on such topics as: naming guardians; determining beneficiaries, ages for distributions, need for trusts; titling of assets; Powers of Attorney; beneficiary designations for retirement plans, etc. Portability, which allows a surviving spouse to use the unused estate tax exemption of a deceased spouse, offers a ―band aid‖ but does not solve all issues • • • • Even a non-taxable estate will have to file an estate tax return, which could keep the return open for many years. If surviving spouse remarries, portability is lost Portability does not apply for GST purposes Assets at the surviving spouse’s death may have increased in value, but the unused exemption has not. American Institute of CPAs® Personal Financial Planning Section 29
  • 30.
    Estate & GiftPlanning Strategies Be sure to read your clients’ existing documents! Before 2013 the estate plan of many married couples included a credit shelter trust and a QTIP trust. Do these formula clauses make sense for clients whose combined assets are below $10.5 million? In general, do bypass and QTIP trusts continue to make sense with portability? What about second marriages and creditor protection concerns? What kind of planning should be considered when state and federal estate tax laws differ? Does it make sense to use a credit shelter trust to hold the state exemption amount and then use portability for the excess? For long-term marriages, should the options be leaving assets outright or funding a trust if the surviving spouse disclaims? Does this provide enough flexibility should tax laws change? Need to consider impact of ATRA and healthcare surtax on trusts. Should income be distributed to beneficiaries in lower brackets rather than retained in trust? American Institute of CPAs® Personal Financial Planning Section 30
  • 31.
    Rethinking Life Insuranceafter ATRA What were the reasons for buying the existing amounts and types of life insurance? Are they still valid? If to create estate liquidity, how much life insurance should you have now? If in a trust, how best to deal with policies that exceed current needs? What’s the role of term, whole life and no lapse insurance in the post-ATRA world? What’s the role of charitable giving? American Institute of CPAs® Personal Financial Planning Section 31
  • 32.
    Rethinking Life Insuranceafter ATRA Should ultra high net worth clients use some or all of their transfer tax exemption to purchase a single pay policy? Does the new estate tax regime provide more opportunities for 1035 exchanges? Consider the income tax advantages of life insurance for those in the 39.6% bracket and subject to the 3.8% Medicare surtax. If held individually, should whole life policies be retained to provide tax-free borrowing or to supplement retirement funding? American Institute of CPAs® Personal Financial Planning Section 32
  • 33.
    Practical Ideas forProactive Planning This is the first time since 1986 that it is critical to look at tax ramifications when providing investment advice Face-to-face meetings with clients is crucial this year • Tax projections to compare 2013 to 2012 Use these legislative changes as an opportunity to demonstrate your value and to grow your practice American Institute of CPAs® Personal Financial Planning Section 33
  • 34.
    Questions? American Institute ofCPAs® Personal Financial Planning Section 34
  • 35.
    PFP Section Resources(aicpa.org/PFP) The CPA’s Guide to Financial & Estate Planning– Volumes 1-4 Planning After ATRA and the NIIT Toolkit Forefield Advisor (aicpa.org/pfp/forefield) • • • Client education and communication tool Written by CPAs, attorneys and other subject matter experts. More than 3,000 resources covering personal financial planning, including estate, tax, retirement, investment and risk management planning. More resources on estate, tax, retirement, insurance, and investments (aicpa.org/pfp) AICPA Advanced Personal Financial Planning Conference (cpa2biz.com/PFP) – January 20-22, 2014 in Las Vegas • 2-day session (Jan 18-19) for those in earlier stages of PFP o Implementing PFP Services: Step by Step Plans for Success For the full calendar of upcoming PFP Section events, visit www.aicpa.org/PFP and click on CPE & Events. American Institute of CPAs® Personal Financial Planning Section 35
  • 36.
    Upcoming PFP SectionWebcasts Register now for these events on post-ATRA planning: • • • Top Estate and Income Tax Planning Strategies (November 11, 1:00-2:45p.m. ET) Investment Tax Planning – Creating Tax Alpha (November 12, 1:00-2:45p.m. ET) Series: The CPA’s Guide to Financial and Estate Planning - Business Succession Planning After the American Tax Relief Act of 2012 (October 31, 1:00-2:45p.m. ET) - Taxation of Divorce (November 21, 1:00-2:45p.m. ET) Other upcoming events: • • PFP Power Hour: How to Use Forefield Advisor in Your PFP Practice (November 14, 3:00-4:00p.m. ET) Trust Situs for Dynasty Trusts & DAPTs (November 15, 1:00-2:45p.m. ET) For the full calendar of upcoming PFP Section events, visit aicpa.org/PFP and click on CPE & Events. To access the archives, visit aicpa.org/pfp/webseminars. American Institute of CPAs® Personal Financial Planning Section
  • 37.
    CPA/PFS News andEvents PFS Referral Program • Receive 100% credit to apply toward future CPA/PFS dues by referring a CPA to become a PFS or sit for the PFS exam PFS Exam • Register now for Winter window • Discounts, sponsorships and volume pricing available Education Opportunities • Live 2 ½ day review class • In-depth courses in estate, retirement, tax, investments, insurance, and PFP process • Self-study PFS exam review course Learn more at aicpa.org/pfp/pfs American Institute of CPAs® Personal Financial Planning Section 37
  • 38.
    Thank you forattending this week’s AICPA Insights® Live event Did you know you can earn CPE Credit on AICPA Insights® Live Webcast Series? Register for the remaining events in the Series and you’ll get: • • • Value-Priced CPE Credit Automatic registration every week – Just log on at 1pm ET! Access to archives for the entire series (Archives are not eligible for CPE.) Visit cpa2biz.com/InsightsLive for more information and the complete schedule of events. American Institute of CPAs® Personal Financial Planning Section