The proposal for tax reform is out, but unfortunately it is light on details. Having reviewed the proposal, we have a few thoughts:
- The process for Reconciliation (basically passing the law) is extremely complex and based on the proposal outline almost impossible to pass under its current form without Democratic support. Tony Nitti at Forbes has an excellent analysis on this. You can read it here.
- It is too soon to say exactly who the winners and losers will be, but we'll take a stab.
- The really high income earners (1%'ers) should experience quite a windfall since they are seeing their top rate go down from 39.6% to 35%. Even with losing some deductions someone making $1 million + should see a massive tax cut
- Those on the fairly low end of the income scale could see a cut since the standard deduction is going to double, meaning more people may be in the 0% bracket
- Those families with lots of dependents could be worse off since personal exemptions (basically a deduction per person in the household) are removed
- Individuals in high tax states could be worse off since state taxes are no longer deductible (think NY, CA, NJ, MD, etc) in this proposal (mortgage interest and charitable contributions remain as itemized deductions)
- Small business owners with high incomes in pass through entities (S-Corps, LLC, Partnerships, etc) could see a gigantic tax cut. This is pretty much all small businesses. The highest proposed pass through rate will drop from 39.6% to 25%. There are no significant details on this but previous comments made state that this may not apply to service companies (which make up about 85% of the US economy). If this passes, another huge win could be tax planners, attorneys and consultants working out how to exploit this loophole.
- Families with large estates could be big winners- the proposal eliminates the estate tax
- There is no mention to many things that will impact our clients- at what income do the rates start? what is happening to the tax on capital gains and dividends? Are the Obamacare taxes going to be kept intact?
At this point it is just to early to tell. The numbers don't add up so there will have to be significant changes to this proposal. Also, whenever you change the code you create winners and losers. The losers usually have lobbyist that will come out in full force (real estate industry, Wall Street, etc). Once they realize they could be on the losing end, expect some backlash. There is a reason we haven't seen major tax reform since 1986. It is a hard process due to the literally hundreds of competing interests involved. It should be interesting to see how this plays out…
A Roth IRA is a wonderful vehicle, especially if someone has already maxed out their other tax-advantaged accounts (e.g., 401K). For those not eligible for a Roth IRA or those who just can’t get enough Roth, there is a relatively new option – an in-plan conversion from a traditional pre-tax 401K to a Roth 401K. Because of 2013 legislation, more participants than ever are now eligible for this conversion (as long as their employers’ plans allow it).
The decision to convert from a standard 401K to a Roth 401K is similar to determining whether to convert from a traditional IRA to a Roth IRA. While there are numerous considerations, the primary advantage is that once it becomes a Roth, no additional taxes will be due. The downside is that taxes must be paid now at one’s ordinary income tax rate (and in most cases, the taxes should be paid from non-retirement accounts). The benefit of converting is due to the concept of “tax diversification” – owning some assets that are taxed now (e.g., Roth) and some assets that will be taxed in retirement (e.g., traditional IRA/401K).
For someone earlier in his/her career who might be at a lower 10%-15% income tax rate, a conversion could be a good strategy since rates are likely to be higher (or at least the same) in retirement. But for someone who is a high earner, the additional income from the conversion could trigger a higher marginal tax rate as well as a phaseout of deductions and exemptions. For these individuals, converting a large lump sum might not be optimal.
Due to the complexities, two sensible strategies could be to a) Contribute a portion of your 401K to a Roth. For example, if you contribute $10,000/year, consider $5,000 for the traditional 401K and $5,000 for the Roth 401K; or b) Instead of a full conversion, convert smaller amounts each year to minimize the tax ramifications in any single year.
As we’ve said before on this blog, it’s very hard to estimate tax rates 10 years from now, let alone 20 or 30+ years away. Before converting a large amount, talk to your accountant and financial advisor so they can help customize a solution for you.
I often read articles that talk about the virtues of long-term tax planning. This could be in the form Roth IRA conversions, charitable planning or gifting strategies. In general most of these articles are correct in their reasoning, but they tend to under-emphasize one important item: what may happen to the tax code over the period they are planning for. The idea for this post came after I have been reading both the President’s and Republican plan for altering the tax code. Let me start by saying that both proposals have little chance of passing, but for those of us planning for future taxes, it should give us pause when arguing for long-term planning. These proposals have significant changes to how income is taxed. Changes in tax rates, deductions or the different types of income being planned for can have massive impact on tax planning in the future. Those that believe we will be in the same brackets 20 or 30 years from now should revisit their history books. For example, here is a chart of the top tax rate from 1913 to 2008:
Let this be a reminder that the tax code has underwent massive changes over the years and the odds are that this volatility will continue. We have found the best tax planning can be done over short periods of time 1-5 years, where we have some more certainty around tax rates. In addition, “slam dunk” strategies tend to be situations when clients are in zero or very low brackets and are expected to earn higher income in the future (or vice versa). Those can be ideal times to plan for client’s taxes. The only thing I feel reasonable certain about is that we all will be paying taxes in the future, and those that have/earn more, will pay more. Other than that, it is hard to be certain about anything.
Information contained herein has been obtained from sources considered reliable, but its accuracy and completeness are not guaranteed. It is not intended as the primary basis for financial planning or investment decisions and should not be construed as advice meeting the particular investment needs of any investor. This material has been prepared for information purposes only and is not a solicitation or an offer to buy any security or instrument or to participate in any trading strategy. Past performance is no guarantee of future results.