Congress is getting ready for another round of sparring over whether to extend the 2 percentage point payroll tax cut past its Feb. 29 expiration. Consider it a warm-up for the main event later this year, likely after the November election.
The Bush tax cuts are set to expire at the end of 2012. If Congress does nothing, most people who work and lots of people who don’t will see higher taxes starting Jan. 1.
The fight to come has sky-high stakes - a possible tax increase of over $200 billion a year imposed on an economy that may still be struggling for traction. Come November, voters will have their chance to swing the outcome.
The wealthy have the most at risk. For instance, the estate tax will be much higher for people who die after New Years Eve.
Now, estates up to $5 million are exempt from the estate tax, also known as the death tax. That exemption drops to $1 million next year. The top tax rate on estates would jump to 55 percent from 35 percent.
“This is insanity. There are 70 tax code items that expired last Dec. 31 and 38 more that expire at the end of this year. The future of all these items is up to the lame duck Congress and it’s anybody’s guess what will happen,” said Dan Connors, an enrolled agent at the Buenger Doyle Tax Service in Granite City.
President George W. Bush and Congress gave the vast majority of wage-earners a break when they trimmed tax rates across the board in 2001 and 2003.
Everybody who actually pays income taxes benefited when the bottom tax bracket was cut to 10 percent from 15 percent. But higher brackets were cut as well. As a result, the higher a person’s income, and the more they gain from investments, the more dollars they saved on taxes. The top bracket, for couples earning more than $388,000, fell to 35 percent from 39.6 percent.
Taxes on dividends and capital gains were cut too, to a maximum of 15 percent. If the cuts expire, the rate on capital gains will go to 20 percent, while dividends will be taxed as ordinary income.
A couple with a child earning $60,000 from wages saves about $1,000 under the Bush tax cuts, according to a calculator supplied by the Tax Foundation. A couple earning $300,000, with $20,000 of that in investment income, saves $6,800. A couple earning $1 million, with $200,000 from investments, saves about $71,000.
But the poor will also lose if all the tax cuts expire. The earned income tax credit for the working poor will become less generous. The $1,000 child tax credit would be cut in half, and people who owe no taxes would no longer get a refund check because of it.
If the deadline draws close with no action, expect some churning in the financial markets. Dividend stocks have been the most popular investments on Wall Street for most of the past year as investors yearn for yield. Higher dividend taxes would subtract some appeal.
People with big capital gains on stocks would be tempted to sell them late this year to avoid the tax hike.
For now, tax advisers are telling their clients to sit tight and watch closely.
“Both parties know that the worst possible outcome would be for the Bush tax cuts to completely go away,” said Bob Jones, CEO of Central Trust in Clayton.
Taxes will be a campaign issue, but the betting is that serious bargaining will wait until after the election.
The major Republican presidential candidates would generally extend the Bush cuts, and then some. Mitt Romney would kill the estate tax and eliminate taxes on investment income for most investors.
Newt Gingrich would give taxpayers a choice of paying under the current system or at a new 15 percent tax rate. Rick Santorum would lower income tax rates further and triple the exemption for children.
President Barack Obama would preserve the Bush tax cuts only for families earning less than $250,000, while adding new taxes on people earning $1 million or more.
The debate will feel like “groundhog day all over again,” says Mark Luscombe, principal analyst at CCH, a tax analysis and software company. The Bush cuts were originally to expire in January of last year, when the recession was biting deeper, but Congress and Obama agreed to extend the cuts for two years.
If re-elected, Obama won’t agree to another punt, Luscombe predicts. After all, he doesn’t have to run again. If there is no agreement, all the Bush tax cuts would disappear on Jan. 1.
“This could be the last year of relatively low tax rates,” says Luscombe.
Todd Sivia, an estate planning attorney in Edwardsville, thinks heirs to large estates are at risk, given the government’s projected $1.1 trillion deficit this year.
“History shows that, when we’re deep in debt, we always re-establish the estate tax and it comes back with a vengeance,” Sivia says.
Lawyers have long experience in avoiding or delaying the estate tax. Tactics include gifts and establishing trusts to move assets between generations.
Sivia notes that higher estate taxes could turn grandparents more generous, as they try to pass on more of their wealth through gifts while living.
The prospect of higher income tax rates could motivate people who have been thinking of converting a regular IRA into a Roth IRA. Such conversions mean paying taxes on the IRA now, in trade for tax-free growth in a Roth. They can be a good move for people with many years to retirement.
Upper income people are due for a tax hike anyway, regardless of whether the Bush cuts are extended. The health care reform law of 2010 established a “Medicare surtax” that takes effect next year, notes Bert Schweizer, principal at Buckingham Asset Management in Clayton.
The complex tax applies to singles earning over $200,000 and $250,000 for married couples.
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