April 27, 2024

Wealth Matters: Explanations and Advice for Those Hit Hardest by New Tax Increases

Many millionaires are certainly paying at least 30 percent of their income in taxes, a goal President Obama set out in last year’s State of the Union address. But they’re more likely to be doctors, lawyers and people working in the financial services industry who get the bulk of their earnings in the form of paychecks.

Partners in private equity firms and hedge fund managers, on the other hand, earn much of their money as a share of their funds’ earnings. And that income gets preferential tax treatment as so-called carried interest.

A similar special tax treatment still holds true for Mr. Buffett as long as the bulk of his income comes from his investments and not a paycheck. The long-term capital gains rate for incomes over $400,000 is 23.8 percent, including the Medicare surcharge. That’s a far cry from the top marginal tax rate on income above that amount of 40.5 percent, which includes a 0.9 percent Medicare surcharge on earned income.

How are people going to react to all of this? Here is advice and observations from some experts in wealth management:

INCOME ISSUES This year, income taxes are going up for almost everyone, even if the taxes go by different names. Greg Rosica, a tax partner at Ernst Young and a contributing author to the firm’s tax guide, laid out five tiers where taxes are increasing.

The bottom one includes everyone who receives a paycheck and is affected by the 2 percentage point increase in the payroll tax. In the top one are couples making more than $450,000 a year, who will pay higher rates on income and investments, be subject to the Medicare surcharges of 0.9 percent on income and 3.8 percent on investments and lose some portion of their itemized deductions and exemptions.

Using assumptions on wages and deductions from Internal Revenue Service statistics, Mr. Rosica calculated that a person making $500,000 a year would pay $9,124, or 7 percent, more in taxes in 2013. A couple earning $1 million a year in wages and business and investment income would pay $53,350 extra, or 20 percent more in taxes.

“It’s hitting every line item of income,” he said. “It’s phasing in all the way up the scale.” This has made strategies that defer income more attractive than they were in the years when George W. Bush was president and tax rates were historically low. “At the base level, it’s 401(k) plans. Or, for the self-employed person or person who sits on boards, they can defer into a SEP I.R.A.,” a retirement plan for the self-employed, or into one’s own defined-benefit plan, said Christopher Zander, the national head of wealth planning at Evercore Wealth Management. “That’s very attractive. Even if income tax rates are higher later, I think the tax deferral” makes up for that increase.

There are risks, though. People could defer too much into a qualified plan, like an I.R.A., and end up having to pay a penalty if they need the money before they turn 59 1/2 years old. Or they could put too much into a company-sponsored deferred-compensation plan and face two problems. The company could go bankrupt, as Lehman Brothers did, and they could lose that money, or the payout schedule they selected when they put the money in — say 10 annual payments at retirement — may end up providing them with too much or too little income.

CARRIED-INTEREST CONUNDRUM At the very top of the income ladder, the group for whom the changes in the tax code will not hurt as much includes people like hedge fund managers and private equity partners whose earnings come in the form of carried interest. The income for these people comes from the fees they charge, and that income will continue to be taxed at a lower rate than ordinary income.

“Carried interest rules are helpful for hedge fund managers, but they’re incredibly helpful for private equity guys,” said Richard A. Rosenberg, a certified public accountant and co-founder of RR Advisory Group, which advises hedge fund and private equity partners. “Private equity funds typically get the stronger treatment because there is less turnover and the holding periods of the funds are longer.”

How the partners’ share is taxed depends on how the underlying investments are taxed. In the case of private equity, many of the investments are held for longer than a year. Through last year, the distributions would have been taxed at the long-term capital gains rate, which was 15 percent. Even now, the rate is still a relatively low 20 percent for an individual earning above $400,000.

Article source: http://www.nytimes.com/2013/01/12/your-money/taxes/coping-with-the-new-tax-law-even-for-the-richest-of-the-rich.html?partner=rss&emc=rss

White House Offers Tax Plan for Jobs Bill

But the White House also says its plan should be viewed as a rough framework, because its top priority is to get the jobs bill enacted. If Congress approves the president’s jobs plan, it could instead pay for it with other spending cuts or tax increases if that is what the Congressional committee on deficit reduction recommends later this fall.

The bulk of the additional tax revenue under Mr. Obama’s proposal would come from the wealthiest 1.5 percent of taxpayers — individuals with adjusted gross income over $200,000, families with more than $250,000 — who would face new limits on their itemized deductions for such things as charitable contributions and state and local taxes. The initiative is similar to one made by the president during the debt ceiling negotiations two months ago and rebuffed by Congressional Republicans.

In its new incarnation, however, the measure would raise an additional $80 billion in taxes over 10 years by restricting “above the line” deductions, which allow taxpayers to exclude items like foreign earnings and earnings from municipal bonds from their taxable income. The proposal would also require wealthy taxpayers to count some employer health benefits as income.

Other elements of the proposal would end tax breaks for hedge fund managers and other investment partnerships, for corporate jets and for oil companies.

Most of the measures have been pitched by the Obama administration in some form or other since 2009, yet none generated enough support to pass Congress — even when Democrats controlled both houses.

Judging from the reaction Republicans gave Mr. Obama’s initiatives, they will also re-ignite the debate over the role tax increases play in job creation.

House Speaker John A. Boehner, Republican of Ohio, pointed out that tax increases had already been rejected by both parties because of concerns they would squelch growth and discourage companies and business owners from hiring.

Senate Minority Leader Mitch McConnell, Republican of Kentucky, called the administration’s tax initiative “dead on arrival,” and accused the president of suggesting politically provocative tax breaks to stoke Democratic voters. But administration officials brushed aside those complaints, saying that they believed the proposals would raise money while making the tax system more fair.

”We’ve got to make sure that everybody pays their fair share including the wealthiest Americans and biggest corporations. We’ve got to decide what our priorities are,” Mr. Obama said Tuesday outside the Fort Hayes Arts and Academic High School in Columbus, Ohio.

Administration officials said that most of the $400 billion in additional taxes on individuals would come from people whose annual income exceeds $1 million, a group whose tax rates have fallen significantly over the last decade.

Previous efforts to limit deductions on high earners were blocked by nonprofit groups, which warned they would curtail charitable donations, and residents of states like New York that have high income taxes and would have been adversely affected. The president’s new plan was also criticized by securities brokers, who warned that restricting tax deductions for municipal bond earnings would rattle an already shaky market.

“It’s going to mean higher borrowing costs for local governments, state governments,” said Mike Nicholas, chief executive of the Bond Dealers of America. “And the burden is ultimately going to end up hitting the taxpayers.”

The three other tax breaks Mr. Obama hopes to eliminate would raise comparatively small amounts of money for the Treasury.

The tax break for corporate jets, which would raise an estimated $3 billion over 10 years, has been a populist symbol for the administration. Companies can now write off the cost of jet purchases in just five years; the Obama Administration would extend that to seven years, the same period now used for commercial airliners.

Raising taxes on venture capitalists, fund managers and private equity partners is projected to generate $18 billion over 10 years. Under current law, investment partners can classify most of their earnings as “carried interest,” rather than ordinary income, meaning it is taxed at a top rate of 15 percent instead of the top federal rate of 35 percent.

Many labor unions and liberal groups call that a loophole and say it unfairly favors investment managers over wage earners. But on Wall Street, investors say it is appropriate to tax those earnings at rates similar to capital gains because those investments entail risk. They also warn that eliminating carried interest would deter investment at a pivotal moment.

“Raising taxes on investments would only sideline employers and investors and create further uncertainty in an already struggling economy,” said Steve Judge, interim president and chief executive of the Private Equity Growth Capital Council.

Tax lawyers caution that changing the carried interest rules may not raise as much tax revenue as the administration forecast because investors can use accounting strategies to shelter their earnings and effectively count them as capital gains.

Aside from hedge funds, the only industry targeted by the administration is the oil business. Mr. Obama’s plan would end the tax rule that classifies oil drilling as “manufacturing” and that allowed those companies to deduct 9 percent of their production costs this year. That measure, expected to raise $40 billion over 10 years, would also reduce the generous write-offs for drilling expenses and the tax credit for royalties paid to foreign governments.

A similar effort to end subsidies to oil companies died in the Senate this summer, after industry officials, led by the American Petroleum Institute, said it would lead to higher gasoline prices, deter hiring and increase the nation’s dependence on imported oil.

But administration officials say there is growing public support for tax policies that raise the contributions from wealthy Americans and the most profitable industries.

“There’s been an increasing awareness among the public that at a time of shared sacrifice when there are potential cuts in Medicare and Medicaid, you can’t hold harmless hedge fund managers, corporate jets and oil companies,” said Jason Furman, principal deputy director of the National Economic Council.

Article source: http://feeds.nytimes.com/click.phdo?i=03dbc32c1ba39e61cbe57892ee47ba64