Tax Planning in 2021
I am writing today about some proposed tax changes by President Biden that could make some changes in your planning in 2021 and beyond. However, it is important to note that these ideas are not in effect yet, and there could be delays or changes to them.
1. The highest income tax rate could move from the current 37% to 39.6%.
2. The social security tax/FICA wage base for 2021 is capped at $142,800 of income, but traditionally after that, you don’t need to pay into it any further. This number is 6.2% for employees, and 14.2% if you are self-employed because you are the employer and employee. President-Elect Biden’s plan is to have this kick back in for those making income over $400K per year. So, in essence, you would pay tax on this for earnings from $0-$140K, no tax on $140-$400K, and at $400K and beyond it kicks back in.
3. For high-income earners, they may be used to a 15-20% long term capital gains tax rate, but if your income is over $1M per year, President-Elect Biden’s proposal is to change that to ordinary income tax rates which could be 39.6%.
Planning Idea: For people with incomes in excess of $1M or business owners selling their business or retiring, capital gains could go from 20% to 39.96, which is almost double the tax. You may want to consider an installment sale, to spread the tax impact over a number of years to artificially keep your income under that $1M threshold.
4. Overall, if your family makes $400K or less per year, which is most Americans, your taxes won’t really change and it could help your family with more tax credits available– including those for childcare expenses, caregiving of elderly relatives, and first time home buyers credits.
Planning Note: For high-income earners making over $400K, you could be seeing a 10% increase in taxes or so between the increase in the top ordinary income tax rate and additional tax on social security tax for income over $400K, so if you have concentrated stock positions or stock options, it could make sense to exercise these in 2020 instead of 2021 and beyond.
5. The federal estate tax exemption is scheduled to be $11.7M per person in 2021, but under President-Elect Biden’s proposed changes, that would go to $6M per person. Also, there could be a reduction in the lifetime exemption, and removing the step-up in basis on inherited property or assets, so this could pose quite a few planning opportunities for those who have high net worths.
I hope this is helpful as a starting point. However, you should make more detailed plans with your tax advisor about these proposals.
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