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To Gift or Not to Gift
Tax Policies of the Presidential Candidates
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suzanne
Suzanne LoBiondo, CPA
516-791-1303 x306

 
 
Chris
Chris Cheeseman, CPA
516-791-1303 x305

Dear Clients and Friends,

 

We all enjoy the colors of autumn leaves. Did you ever wonder how and why a fall leaf changes color? Well, here's a bit of science for you:

 

During winter, there is not enough light or water for Autumn leaves photosynthesis. The trees will rest, and live off the food they stored during the summer. They begin to shut down their food-making factories. The green chlorophyll disappears from the leaves. As the bright green fades away, we begin to see yellow and orange colors which have been there all along, but were hidden by the green chlorophyll! 

 

This year, autumn will also bring a Presidential election and potentially some tax law changes.  With election day nearing, this edition of our newsletter outlines some of the tax policies of the two major candidates. 

 

Happy autumn!

 

Very truly yours,

Suzanne LoBiondo and Christopher Cheeseman

 

 To Gift or Not to Gift

 

The 2010 Tax Relief Act set the maximum federal estate and gift tax rate at 35 percent for decedents dying in calendar years 2011 and 2012 with a $5 million exemption ($5.12 million adjusted for inflation for 2012). For 2011 and 2012, the estate of a surviving spouse may also be able to use the unused portion of the deceased spouse's estate tax exclusion ("portability").

 

Obama has proposed to set the maximum estate tax rate at 45 percent for decedents dying after December 31, 2012 with a $3.5 million exemption amount. He has also proposed to extend the current rules for portability. The separate gift tax exclusion would return to its 2009 level of $1 million under Obama's proposal.

 

Romney has proposed to abolish the federal estate and gift tax.

 

Between now and election day, November 6, 2012, the positions of the candidates may change.  One thing is certain, without  Congressional action, the maximum estate and gift tax rate in 2013 is scheduled to be 55 percent, with a 5-percent surcharge applying to large estates in excess of $10 million. The exemption amount is scheduled to be $1 million. High net-worth taxpayers may want to maximize gifts with the certainty of the $5.12 million exclusion before the close of year end 2012.

 

Tax Policies of the Presidential Candidates
  

In 2010, the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 extended through 2012 the Bush-era tax cuts.  Both candidates agree that something other than

a complete sunset of the Bush-era tax cuts and complete elimination of extender provisions must

take place.  Romney has proposed to make permanent all of the Bush-era tax cuts; Obama has proposed to extend some of them, while others would be extended for all but "higher-income" taxpayers.

 

Tax Rates - Obama would raise 2013 tax rates from their current level for higher- income taxpayers only (singles $200,000, couples $250,000).  Romney would keep 2013 tax rates at their current level for all taxpayers.  Obama proposes lower rates for middle/lower income brackets at an unspecified future date.  Romney proposes a 20% income tax rate reduction for all taxpayers at an unspecified future date.

 

Capital Gains/Dividends - Obama has proposed to tax dividends as ordinary income for higher-income individuals, while capital gains would be taxed at 20% (currently 15%).  Romney proposes to continue the reduced rates on qualified dividends and capital gains.  He has also discussed exempting from tax all capital gains, dividends and interest for individuals making less than $200,000 per year.

 

Alternative Minimum Tax - The 2010 Tax Relief Act contained an AMT patch to prevent middle-income taxpayers falling subject to it, since the AMT was first enacted to prevent wealthy individuals from paying no income taxes as the result of deductions and credits. Since then, an increasing number of taxpayers have slipped into AMT as inflation has risen and deductions and credits have increased. The latest patch, effective for 2010 and 2011, provided for increased exemption amounts. Without a continuation of the AMT patch at or slightly above the 2011 level, an estimated 20 million more individuals would be subject to the AMT in 2012.  Romney has proposed to abolish the AMT.  Obama's long term proposal is to replace the AMT with the so-called Buffett Rule (ensuring that taxpayers making over $1 million annually would pay an effective tax rate of at least 30%).  He is supporting a 2012 and 2013 patch for the short-term.

 

Both candidates have proposed to make permanent the $1,000 child tax credit, and to extend the enhanced adoption credit and the enhanced child and dependent care credit.

 

Obama has proposed to make permanent the American Opportunity Tax Credit and extend the higher education tuition deduction.  Romney has not addressed the AOTC or the higher education tuition deduction.

 

Many popular tax incentives for individuals expired at the end of 2011, including (but not limited to) teachers' classroom expense deduction, state and local sales tax deduction,  and tax-free charitable distributions from IRAs.  Obama has proposed to extend the incentives though 2013, while Romney has not addressed them. 

 
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