It’s been two years since Congress
enacted the American Taxpayer Relief Act (ATRA), which increased the federal
estate and gift tax exemption to $5 million and the maximum estate, gift, and
generation-skipping transfer (GST) tax rates from 35 percent to 40 percent.
For 2015, taking into account the
inflation adjustment, the federal estate and gift tax exemption is $5.43
million for each individual, or $10.86 million for a married couple. The ATRA
also made permanent the portability feature introduced in 2010. The portability
provisions allow a surviving spouse to combine the deceased spouse’s unused
exemption with the surviving spouse’s exemption, thereby effectively assuring
that married couples utilize their full exemptions.
With respect to the federal income
tax, the ATRA increased the top individual income tax rate from 35 percent to
39.6 percent and the top capital gains rate from 15 percent to 20 percent. In
addition, the Affordable Health Care and Patient Protection Act added the 3.8
percent income tax on net investment income (NII). Therefore, taking into
account the 3.8 percent tax, the top federal individual income tax rate can
reach 43.4 percent for ordinary income, and the top rate on dividends and
long-term capital gains can reach 23.8 percent.
Keep in mind, the 3.8 percent tax
only applies to individual taxpayers whose modified adjusted gross income
exceeds $200,000, or $250,000 for married taxpayers filing jointly. The 3.8
percent tax also applies to trusts when the adjusted gross income of the trust
exceeds $12,150. Because of the ATRA, the increase in the federal estate and
gift tax exemptions, coupled with the increase in the top individual income tax
rates, has now shifted the focus of estate planning to include income tax
planning.
Two
Income Tax-Planning Strategies to Consider
Traditionally, estate tax rates
exceeded income tax rates, but the ATRA has closed that gap significantly. Now,
individuals are well-advised to consider income tax-planning strategies where
they had not done so previously.
Here are two approaches:
1. Assign income from a taxpayer in
a high-income tax bracket to a taxpayer in a lower bracket: For example,
gifting income-producing assets to a complex trust allows the trust to shift
taxable income to beneficiaries in lower tax brackets.
2. Avoid the phase-out of itemized
deductions and personal exemptions: By reducing one’s income, taxpayers may be
able to decrease the phase-outs of itemized deductions and personal exemptions.