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Applying the New Net Investment Income Tax to Trusts and Estates       

 

The Health Care and Education Reconciliation Act of 2010 created new chapter 2A of the Code, imposing the net investment income tax (NII), a Medicare contribution tax of 3.8% on unearned income of individuals, estates and trusts. In December 2012, the IRS issued regulations on the tax. The NII applies to trusts and estates for tax years beginning after December 31, 2012. For those estates and trusts permitted to have a fiscal year, some portion of the unearned income of an estate during 2013 might not be subject to the tax. For example, an estate with a fiscal year end of September 30 would not be subject to the tax until October 1, 2013.

 

The tax does not apply to the following estates and trust:

  • Business trusts that are treated as business entities
  • Certain state-law trusts
  • Tax-exempt trusts, even if subject to unrelated business taxable income and that unrelated business taxable income contains NII
  •  Charitable remainder trusts
  •  Grantor trusts
  •  Foreign estates and trusts (with some exceptions)

 

The tax is imposed at a rate of 3.8% on the lesser of:

  •  The undistributed NII for the tax year, or
  • The excess (if any) of the adjusted gross income (AGI) for the tax year, over the dollar amount at which the highest tax bracket begins for the tax year ($11,950 for 2013).

 

This threshold is much lower for estates and trusts than it is for individuals: modified AGI of $250,000 for joint filers and $200,000 for single filers. Thus, estates and trusts have a disadvantage.

 

The AGI of a trust or estate is computed in the same manner as for an individual. Deductions, however, are permitted to estates and trusts for personal exemptions, the amount of any distributable net income distributed to beneficiaries, and costs paid or incurred in connection with the administration of the estate or trust that would not have been incurred if the property were not held in such trust or estate and other deductions.

 

Undistributed NII of an estate or trust is its NII reduced by the share of NII included in deductions of the estate or trust for distributions to beneficiaries, and the share of NII allocated to a charitable deduction of the estate or trust. Thus, generally, to the extent that distributions of NII are made to beneficiaries, the NII subject to the tax at the trust or estate level is reduced.

 

For more information, planning or questions on this topic, please contact your professional at UHY LLP in Farmington Hills 248-355-1040 or Sterling Heights 586-254-1040, or visit us on the web at uhy-us.com.

 

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Save the date! More UHY events are just around the corner...golf

 

6/22 Eighteenth Annual Dan McCarty Golf Classic (D.M.G.C.)

7/27 Seventh Annual Cruisin' For Charity Car Show

 

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Special AnnouncementsAnnouncements  

 

Experienced Recruiting Update

 

UHY Michigan is actively looking for experienced candidates to fill key positions in our local offices.  Please review the openings below and if you know someone who may be interested in any of these roles please reach out to Rina (Madias) Henning, Recruiting Manager, via email rhenning@uhy-us.com or phone 248 204 9331.

 

Sterling Heights

Tax Managers

Audit Seniors (2-5 years experience)

CSA (Full Charge bookkeeper with 1040 experience)

Website Content Coordinator (Bachelor's degree in Marketing, Business, Management Information Systems, or Computer Science)

 

Farmington Hills

Tax Manager

Published by UHY LLP News.   

Copyright � 2013 UHY LLP. All rights reserved.

 

Our firm provides the information in this newsletter as tax information and general business or economic information or analysis for educational purposes, and none of the information contained herein is intended to serve as a solicitation of any service or product. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisors. Before making any decision or taking any action, you should consult a professional advisor who has been provided with all pertinent facts relevant to your particular situation. Tax articles in this newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.    

 

UHY Advisors, Inc. provides tax and business consulting services through wholly owned subsidiary entities that operate under the name of "UHY Advisors."  UHY Advisors, Inc. and its subsidiary entities are not licensed CPA firms.  UHY LLP is a licensed independent CPA firm that performs attest services in an alternative practice structure with UHY Advisors, Inc. and its subsidiary entities. UHY Advisors, Inc. and UHY LLP are U.S. members of Urbach Hacker Young International Limited, a UK company, and form part of the international UHY network of legally independent accounting and consulting firms. "UHY" is the brand name for the UHY international network. Any services described herein are provided by UHY Advisors and/or UHY LLP (as the case may be) and not by UHY or any other member firm of UHY. Neither UHY nor any member of UHY has any liability for services provided by other members.