By Stacie Clifford Kitts
The proposed tax plans offered up by President Elect Trump and the House Republican Tax Reform Plan are presenting some unique year-end tax planning challenges.
The most common question that taxpayers are asking is, will tax rates be lower in 2017?
To help answer this question, we should first review how our tax rates work now.
We currently pay federal income taxes at graduated rates ranging from 10% to 39.6%. However, if you are a higher income earner making more than $125,000 (single) or $250,000 (married), you may pay an additional 3.8% tax on your net investment income, making your top federal rate 43.4%.
An analysis of Trump’s current plan, indicates that if your income is over approximately $425,400 (single) and $487,650 (married), you may (depending on your itemized deductions) see a significant reduction in income taxes under his plan.
However, middle class taxpayers may face an increase in tax depending on the size of their family and filing status. This is largely due to the Republican and Trump plans which seek to limit itemized and dependent deductions, expand income tax brackets, and repeal the personal exemption and head of household status.
To help better understand the possible impact on your taxes, here are some of the key proposals affecting higher income earners (AGI over $150K). Because the Trump and Republican plans are not the same, we will most likely see some sort of mix of the two plans:
Individual income tax
- Both Trump, and the House Republican Plan, will drop the number of income tax brackets to just three, at 12%, 25%, and 33%.
- The plan will also eliminate the alternative minimum tax (yay),
- it also eliminates all itemized deductions (boo) except mortgage interest and charitable giving.
- They have further proposed to limit the amount of total itemized deduction to $100,000 (Single) and $200,000 (Married). This proposal will reduce the tax incentive for charitable giving once your itemized deductions reach the allowed limit.
- Significantly for us here in California, state income taxes paid would no longer be deductible on Federal returns.
The top rate for long term capital gains is currently 20% plus the 3.8% investment tax imposed by the Affordable Care Act (for high income earners), for a total top rate of 23.8%. Interest and non-qualified dividend income is taxed at ordinary rates.
Trump proposes to repeal the affordable Care Act including the 3.8% tax which will cap long term capital gains at 20%.
House Republican’s Plan
On the other hand, the House’s plan would apply tax to 50% of interest income, dividends and capital gains at ordinary income tax rates. The remaining 50% would not be subject to tax. This translates to a top rate of 16.5% for investment income.
Estate and gift tax
Under current law, estates are subject to a 40% tax on the estates value over $5.45 million. In addition, beneficiaries of the estate receive a step-up in the basis of the assets value equal to the fair market value at the date of death.
Trump and the House Republican Plan propose a repeal of the estate and gift tax entirely. Trump proposes to repeal the step up in basis provision and replace it with a carryover provision for computing taxable gains on sales for estates in excess of $5 million (single) or $10 million (married). The Republican Plan provides for carryover of basis on all assets.
The top corporate tax rate is currently 35%. Income from pass-through businesses such as partnerships and S-corporations are taxed at individual rates.
- Trump’s plan would reduce top corporate income taxes from 35% to 15% and repeal corporate AMT tax.
- Individuals can elect a tax rate of 15% for business income from pass-through entities (including sole proprietorships).
- Distributions from large pass-through businesses received by owners who elected the 15% flat rate would be taxed as dividends. (included in overall personal taxable income)
- The Trump plan eliminates all tax credits (tax incentives) except the research credit.
- The plan would allow businesses to elect to expense capital equipment, structures and inventories directly rather than over time. However, if direct expense is elected, interest expense deductions would not be allowed.
House Republican’s Plan
- The Republican Plan would reduce the corporate tax to a flat 20%.
- Eliminate the corporate alternative minimum tax.
- Income from pass-through entities would top out at 25%.
- Costs of capital investments are immediately deductible
- Eliminates the deductibility of net interest expenses on future loans.
- Restricts the deduction for net operating losses to 90 percent of net taxable income and allows net operating losses to be carried forward indefinitely, and increased by a factor reflecting inflation and the real return to capital. Does not allow net operating losses to be carried back.
- Eliminates the domestic production activities deduction (section 199) and all other business credits, except for the research and development credit.
- Creates a fully territorial tax system, exempting from U.S. tax 100 percent of dividends from foreign subsidiaries.
- Enacts a deemed repatriation of currently deferred foreign profits, at a tax rate of 8.75 percent for cash and cash-equivalent profits and 3.5 percent on other profits.[Tax Foundation]
An analysis of your personal itemized deductions along with the type of income to be reported on your return, including pass through or investment income, is necessary to determine the actual impact of these proposed tax plans on your 2017 income tax. Higher income earners might consider deferring income into 2017 if possible.
Many Business Tax Filers Can File for 2012 Starting Feb. 4 But many others are Looking at late Feb. Early March before they can file
Many businesses will be able to file their 2012 federal income tax returns starting Monday, Feb. 4. Filers of forms affected by January tax law changes will need to wait until late February or early March.
These delay dates impact the release of your electronically prepared returns. They do not prevent Katherman Kitts from preparing your tax return.
Katherman Kitts wants to remind our clients that there is no push back on the March 15 (business filers) and the April 15 (individual filers) due dates for your tax returns. Therefore, we still need enough time to receive the information and to prepare your returns before the filing deadlines. Please, continue to send the information to prepare your returns as soon as possible.
The Monday opening covers non-1040 series business returns for calendar year 2012, including Form 1120 filed by corporations, Form 1120S filed by S corporations, Form 1065 filed by partnerships, Form 990 filed by exempt organizations and most users of Form 720 , Quarterly Excise Tax Return. This includes both electronic filers and paper filers.
While many businesses will be able to file starting Feb. 4, there are a number of business forms still being updated for 2012. The IRS will announce soon when individual and business taxpayers can begin filing returns that include any of the delayed forms. Processing of these forms were delayed while the IRS completes programming and testing of its processing systems to reflect changes made by the American Taxpayer Relief Act (ATRA) enacted by Congress on Jan. 2.
A full list of the affected forms is available on IRS.gov.
In addition to the forms listed on IRS.gov, filing of two other business forms is affected by the delay, but only for electronic filers. Businesses using Form 720 and filling out lines 13 and 14 cannot file yet electronically, but they can file on paper. Other Forms 720 are being accepted electronically. In addition, Form 8849 Schedule 3, Claim for Refund of Excise Taxes, is not currently being accepted electronically, but it can be filed on paper.
Additional information will be posted soon on IRS.gov.
Do you have a profit in the current year, but because of certain economic conditions, or other factors you expect to have a net operating loss next year?
If the answer is yes, you may be able to delay payment of your corporate income taxes.
Yes – Really, you can delay payment of corporate income taxes if the right conditions exist.
Generally, if you request an extension of time to file your tax return, you are extending the due date of the return, but not the due date for paying your income tax. As corporate tax payers know, their income taxes are due in full by the 15th day of the third month following the corporation’s year-end.
However, you may be able to extend the due date for paying your corporate income taxes by filing Form 1138 Extension of Time for Payment of Taxes by a Corporation Expecting A Net Operating Loss Carry back.
In order to take advantage of this extension of time to pay your tax, you must also extend the due date of your corporate income tax return using Form 7004 Application for Automatic Extension of Time to File Certain Business Income Tax. Payment is delayed [and therefore not deposited with Form 7004] because taxes that normally would be deposited will be reduced or possibly eliminated by the carry back of the net operating loss from the following year.
File the Form 1138 after the beginning of the tax year where you expect a net operating loss, but before the original due date of the tax return.
The extension for payment is in effect until the return for which the extension is requested is due to be filed – including extensions.
Note: Not all payments are extended. If you were required to make estimated payments throughout the year, these will most likely not be extended. Only payments that would be due after you file Form 1138 are extended.
Have you over paid your corporate income tax in the form of estimated tax payments and now you need or heck – just want your money back?
Well Form 4466 Corporation Application for Quick Refund of Overpayment of Estimated Tax will help you do just that.
If you determine that you have a refund due that is at least $500 and at least 10% of the Corporations expected tax liability then here’s what you do:
Just after your year-end, file Form 4466, but not later than two and a half [2 and 1/2] months after your year end and before you file the corporate return.
The purpose of the Form is to adjust your overpayment of estimated taxes. Therefore, amounts returned are not considered income tax refunds.
The IRS claims that they will “act on” the request within 45 days from the date it was filed.
Don’t forget to also attached a copy of the completed Form4466 to your corporate tax return Form 1120.