2020 Tax Planning Guide - Wells Fargo Advisors
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INFORMATION PUBLISHED AS OF APRIL 2020 2020 Tax Planning Guide Investment and Insurance Products: u NOT FDIC Insured u NO Bank Guarantee u MAY Lose Value
2020 TAX PLANNING GUIDE Table of contents Tax planning in 2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Long-term care deduction for policy premiums. . . . . . . . 27 2020 income tax rate schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Real estate investors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Alternative minimum tax (AMT). . . . . . . . . . . . . . . . . . . . . . . . . . 9 Health savings account (HSA) limits. . . . . . . . . . . . . . . . . . . . . 29 Medicare surtax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Federal trust and estate income tax.. . . . . . . . . . . . . . . . . . . . . 30 Capital gains, losses, and dividends. . . . . . . . . . . . . . . . . . . . . . 11 Estate and gift tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Qualified Opportunity Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Corporate income tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Education planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 The CARES Act and businesses. . . . . . . . . . . . . . . . . . . . . . . . . . 34 Kiddie tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Qualified business income deduction.. . . . . . . . . . . . . . . . . . . 35 Retirement accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Municipal bond taxable-equivalent yields. . . . . . . . . . . . . . 38 Social Security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2020 important deadlines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Charitable contributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PAGE | 2
2020 TAX PLANNING GUIDE At the time this guide is published in April 2020, we are Be sure to consult with your investment, planning, legal, in unprecedented times as a result of the COVID-19 and tax professionals to determine the right approach for pandemic. This guide will address its impact and some your needs, goals, and financial situation. potential strategies to consider while the market is volatile and interest rates are low. At the end of March 2020, the Planning with market volatility and low Coronavirus Aid, Relief, and Economic Security (CARES) interest rates Act was passed with the goal of helping support individuals and businesses through these times. In coming months, The guide will touch on various strategies that are there may be additional tax changes announced or other conducive to a time when values are depressed and rates stimulus packages that may impact what is discussed in are low. Some options to consider include: this guide. • Converting your traditional IRA to a Roth IRA—with Furthermore, the Setting Every Community Up for lower values, the income taxes due in the year of Retirement Enhancement (SECURE) Act passed at the end conversion will be lower and future distributions will be of 2019 brings significant changes to the way retirement tax-free. plans serve wealth management goals. Also, with the • If you have stock options and intend to hold the stock, elections occurring this year, due to significant tax policies consider exercising now as you will be paying ordinary among the candidates, year-end could either increase the income tax rates at exercise and capital gain rates when urgency of making taxable gifts to family members or have you sell the stock. little change in current estate planning techniques. • Gifting securities at a lower value could increase the Use this guide to inform you of discussions to have impact of the gift as values increase in the future. If with your wealth planners, advisors, and tax and legal possible, you may also want to consider substituting professionals. Market volatility, low interest rates, the assets in a previously created irrevocable grantor trust passing of the CARES Act and the SECURE Act, and the with assets that have a higher potential for growth. potential impact of the 2020 elections do not exist as separate events from a planning perspective. Throughout The CARES Act stimulus package this guide, you will see how these are linked and the On March 27, 2020, the CARES Act was signed in to strategies that exist to make thoughtful choices that can law. This $2 trillion aid package is meant to help both positively impact your income and estate tax liability. individuals and businesses, with cash payments to individuals, additional unemployment benefits, grants and Using the guide loans for small businesses, and a tax credit for impacted The 2020 Tax Planning Guide provides the details of the businesses to assist with payroll obligations. current tax law, items for you to be aware of both now and This guide will address some of these changes in regard to throughout the year, steps you can take to potentially defer retirement plans and business owners; however, it is meant taxes, and options to consider in light of current market to provide an overview. The CARES Act is currently being volatility and low interest rates. Throughout each section of interpreted with more clarifications addressed nearly every the guide, you’ll find (where applicable): day. Be sure to reach out to your team of trusted advisors • Tax schedules/tables for the various income and for assistance with the latest information published. asset categories • Additional tax information about these categories • Potential strategies to consider PAGE | 4
2020 TAX PLANNING GUIDE Review how the SECURE Act Be prepared for change impacts you Keep in mind that while many of the corporate tax changes On December 20, 2019, the SECURE Act was signed into are permanent, the ones that benefit individual taxpayers law, making both retirement-related and non-retirement- are scheduled to expire on December 31, 2025. A change related changes. The major retirement changes include in administration could accelerate the expiration of these substantially limiting the ability to use stretch provisions changes and cause you to re-think timing around certain for IRAs inherited in 2020 or later, increasing the age to estate and tax planning strategies. begin required minimum distributions to 72 for those turning 70½ after December 31, 2019, and removing the Connect regularly with your advisors maximum age for traditional IRA contributions. While the strategies in this guide can be effective in The major non-retirement-related changes include: helping manage your tax burden, they are not all-inclusive • Expanding Section 529 plans to allow distributions to or a destination in and of themselves. A better starting repay student loans point is a strategic financial plan tailored for your specific needs and goals. Only by sitting down with your trusted • Taxing children’s unearned income at their parents’ rates advisors to define and prioritize your objectives and review (previously at trust rates) them against your current situation can you know which • Extending certain deductions, including reducing the solutions and strategies may be the most appropriate adjusted gross income floor for medical and dental for you. expenses to 7.5% from 10% (for 2019 and 2020), treating Establishing a plan with your local wealth planning tuition and fees as an above-the-line deduction, and professional and revisiting it on a regular basis can help you allowing mortgage insurance premiums to continue to be make appropriate adjustments as needed, avoid potential deductible as qualified residence interest. pitfalls, and keep you on track to reach your long-term Some of the specific changes surrounding the SECURE Act objectives. Given current market volatility and the chance will be discussed later in this guide. for significant tax law changes in 2021, taxpayers need to create a Plan A and a Plan B so they can execute quickly. Verify your withholding and quarterly tax Finally, connect with your legal and tax advisors before payments for 2020 taking any action that may have tax or legal consequences The Tax Cuts and Jobs Act (TCJA) of 2017 removed the to determine how the information in this guide may apply concept of dependency exemptions effective in 2018. to your specific situation at the time your tax return is filed. However, the dependency exemption plays a major role in the calculation of federal tax withholding for taxpayers who receive a salary. As opposed to just covering salary, the new W-4 calculation can be used to withhold on different types of income such as rental and investment income. With this change, dependency exemptions previously selected may no longer be appropriate. Everyone who has federal withholding from salary should review their withholding election and confirm it is still appropriate for their situation. PAGE | 5
2020 TAX PLANNING GUIDE For the most up-to-date information on tax, legislative, and market updates, please visit our insights page: Wealth Planning in Uncertain Times PAGE | 6
2020 TAX PLANNING GUIDE 2020 income tax rate schedules Married taxpayer filing jointly/surviving spouse rates Taxable income* Tax Over But not over Pay + % on excess Of the amount over $0 $19,750 $0 10% $0 $19,750 $80,250 $1,975.00 12% $19,750 $80,250 $171,050 $9,235.00 22% $80,250 $171,050 $326,600 $29,211.00 24% $171,050 $326,600 $414,700 $66,543.00 32% $326,600 $414,700 $622,050 $94,735.00 35% $414,700 $622,050 $167,307.50 37% $622,050 Single taxpayer rates Taxable income* Tax Over But not over Pay + % on excess Of the amount over $0 $9,875 $0 10% $0 $9,875 $40,125 $987.50 12% $9,875 $40,125 $85,525 $4,617.50 22% $40,125 $85,525 $163,300 $14,605.50 24% $85,525 $163,300 $207,350 $33,271.50 32% $163,300 $207,350 $518,400 $47,367.50 35% $207,350 $518,400 $156,235.00 37% $518,400 Head of household rates Taxable income* Tax Over But not over Pay + % on excess Of the amount over $0 $14,100 $0 10% $0 $14,100 $53,700 $1,410.00 12% $14,100 $53,700 $85,500 $6,162.00 22% $53,700 $85,500 $163,300 $13,158.00 24% $85,500 $163,300 $207,350 $31,830.00 32% $163,300 $207,350 $518,400 $45,926.00 35% $207,350 $518,400 $154,792.50 37% $518,400 *Taxable income is income after all deductions (including either itemized or standard deduction) and exemptions. PAGE | 7 Information in all tables from irs.gov unless otherwise specified
2020 TAX PLANNING GUIDE Married taxpayer filing separately rates Taxable income* Tax Over But not over Pay + % on excess Of the amount over $0 $9,875 $0 10% $0 $9,875 $40,125 $987.50 12% $9,875 $40,125 $85,525 $4,617.50 22% $40,125 $85,525 $163,300 $14,605.50 24% $85,525 $163,300 $207,350 $33,271.50 32% $163,300 PAGE | 5 $207,350 $311,025 $47,367.50 35% $207,350 $311,025 $83,653.75 37% $311,025 *Taxable income is income after all deductions (including either itemized or standard deduction) and exemptions. Standard deductions Married/joint $24,800 Single $12,400 Head of household $18,650 Married/separate $12,400 Dependents $1,100 For dependents with earned income, the deduction is the greater of $1,100 or earned income +$350 (up to the applicable standard deduction amount of $12,400). Additional standard deductions Married, age 65 or older or blind $1,300* Married, age 65 or older and blind $2,600* Single, age 65 or older or blind $1,650* Single, age 65 or older and blind $3,300* *Per person Tax credit for dependent children Modified adjusted gross income (MAGI) Tax credit for each child younger than age 17 Married/joint $0–$400,000 $2,000 Individual $0–$200,000 $2,000 Tax credit is reduced by $50 for each $1,000 by which the taxpayer’s MAGI exceeds the maximum threshold. PAGE | 8
2020 TAX PLANNING GUIDE Alternative minimum tax (AMT) The alternative minimum tax (AMT) calculates income tax under different rules for income and deductions. If the AMT calculation results in a higher tax, the taxpayer will be subject to AMT and pay the higher tax. Generally, a taxpayer with a high proportion of income that receives favorable tax rates, such as capital gains, is at risk of being subject to the AMT. AMT income Tax Up to $197,900* 26% Over $197,900* 28% *$98,950 if married filing separately AMT exemption Exemption Phased out on excess over Married taxpayer filing jointly/surviving spouse $113,400 $1,036,800 Single taxpayer $72,900 $518,400 Married taxpayer filing separately $56,700 $518,400 Estates and trusts $25,400 $84,800 PAGE | 9
2020 TAX PLANNING GUIDE Medicare surtax The Medicare 3.8% surtax is imposed on certain types of unearned income Net investment income defined of individuals, trusts, and estates with income above specific thresholds. For 1. Gross income from interest, dividends, individuals, the surtax is imposed on the lesser of the following: annuities, royalties, and rents • Net investment income for the tax year 2. Gross income from a passive activity or a trade or business in which you do not • The amount by which the modified adjusted gross income (MAGI) exceeds the materially participate threshold amount in that year 3. Net gain to the extent taken into The threshold amounts account in computing taxable income (such as capital gains) less the allowable deductions that are properly allocable Single filers Married filing jointly Married filing separately to that gross income or net gain $200,000 $250,000 $125,000 Special exception For trusts and estates, the surtax is imposed on the lesser of the following: In the case of the sale of an interest in • The undistributed net investment income for the tax year a partnership or an S corporation, the surtax is imposed only on the portion of • The excess (if any) of the trust’s or estate’s adjusted gross income over the a transferor’s net gain if the entity had dollar amount at which the highest tax bracket begins ($12,950 in 2020) sold all of its property for fair market Note: The surtax does not apply to nonresident aliens. value immediately before the stock or partnership was sold. PAGE | 10
2020 TAX PLANNING GUIDE Capital gains, losses, and dividends Short-term capital gains are taxed at the ordinary income tax rate for individuals Determine when to realize capital and trusts regardless of filing status. However, long-term capital gains tax rates gains and losses are not tied to the tax brackets. The table below shows the long-term capital Consult with your investment professional gains tax rates. Qualified dividends are taxed at long-term capital gains rates, on whether realizing portions of your while nonqualified dividends are taxed at ordinary income tax rates. portfolio’s gains (and losses) can help manage the tax impact of activity in your 0% 15% 20% investment portfolio. In some cases, it Single $0–$40,000 $40,001–$441,450 Greater than $441,450 may be advantageous to recognize larger Married filing jointly/ gains sooner depending on the near-term $0–$80,000 $80,001–$496,600 Greater than $496,600 surviving spouse outlook for your portfolio. Married filing $0–$40,000 $40,001–$248,300 Greater than $248,300 If you sell a security within one year of its separately purchase date, you will be subject to short- Head of household $0–$53,600 $53,601–$469,050 Greater than $469,050 term capital gains. Short-term gains are Estates and trusts $0–$2,650 $2,651–$13,150 Greater than $13,150 taxed based on ordinary income tax rates Consult your tax advisor about how this applies to your situation. that can be as high as 40.8%, including the 3.8% Medicare surtax added to the top tax bracket of 37.0%. Note that these rates do Netting capital gains and losses not include state and local tax rates, which 1. Net short-term gains and short-term losses. can be significant in some locations. As such, short-term gains are taxed at nearly 2. Net long-term gains and long-term losses. twice the rate of long-term gains. 3. Net short-term against long-term. You cannot avoid some short-term gains, 4. Deduct up to $3,000 of excess losses against ordinary income per year. and others may be economically justifiable even with the higher rate. However, if 5. Carry over any remaining losses to future tax years. you can afford to wait until you have held the asset for a full calendar year, you may Capital loss harvesting realize tax savings Capital loss harvesting can be used to reduce taxes on other reportable capital gains. This requires selling securities at a value less than the basis to create a loss, which is generally used to offset other recognized capital gains. With the potential for volatility in the market, harvesting capital losses should not be limited to the end of the year; instead, consider reviewing this with your advisor throughout the year to take advantage of market swings if you are anticipating other capital gains. PAGE | 11
2020 TAX PLANNING GUIDE Prior to using this strategy, you should consider the following: Given current market conditions, • The amount of the loss that will be generated and how that compares with be sure to review your portfolio your net capital gains with your advisors to determine if • Whether capital loss harvesting makes sense with the other income, losses, any positions should be liquidated and deductions that will be reported on your tax return to realize losses. The proceeds • If the investment sold will be replaced and how the new cost basis and holding period will work with your overall wealth management strategy can be reinvested in a company • Wash-sale loss rules to ensure the loss reported will not be disallowed either in the same sector or an • The effect of capital loss harvesting on dividend distributions and exchange-traded fund (ETF) transaction fees covering that sector while you wait for the 30-day wash-sale Rebalance your investment portfolio rule to expire. With volatility in the market, it is important to review your investment portfolio to determine if rebalancing is necessary to maintain your desired asset allocation. You may have some or all of your accounts set up to automatically rebalance. Exchange-traded funds (ETFs) are However, if you do not have automatic rebalancing, it is important to review subject to risks similar to those of stocks. your entire portfolio, both taxable accounts and assets held in tax-advantaged Investment returns may fluctuate and accounts (such as your IRA and 401(k) accounts). are subject to market volatility, so that Your tax-advantaged accounts may have limitations; for example, many 401(k) an investor’s shares, when redeemed, plans may not provide fund selections to allow allocations to international or sold, may be worth more or less than fixed income, real assets, or complementary strategies. When rebalancing, pay their original cost. Exchange-traded attention to the wash-sale rule, as it can still be triggered if you sell a security at funds may yield investment results that, a loss and repurchase a substantially identical security within your IRA or tax- before expenses, generally correspond to advantaged account. the price and yield of a particular index. There is no assurance that the price and Avoid purchasing new mutual funds with large expected yield performance of the index can be capital gains distributions fully matched. Like other types of securities, you realize capital gains on your mutual fund holdings when you sell them. However, a unique feature of mutual funds is their potential annual distribution of capital gains (and losses) to shareholders. Companies that manage mutual funds announce the amount of capital gains to be distributed to shareholders near the end of the year. The announcement includes a record date (the date of record for shareholders to receive a distribution) and an ex-date (the date the security trades without the distribution) and is typically expressed as a percentage of shareholders’ position (for example, a 10% distribution would equal a $10 distribution on a $100 investment). PAGE | 12
2020 TAX PLANNING GUIDE For investors looking to rebalance their portfolios, mutual fund distributions Remember, when executing can be problematic. A rule of thumb is that you typically don’t want to buy into transactions intended to affect capital gains distributions. For example, if you sell an asset in your portfolio that has performed well, you expect to realize capital gains. You could exacerbate your your tax bill, the trade date—not capital gains issue by reallocating your rebalanced proceeds to a new mutual fund the settlement date—determines near the date of its annual capital gains distribution. the holding period for most There are risks associated with investing in mutual funds. Investment returns transactions. This will in turn fluctuate and are subject to market volatility, so that an investor’s shares, when redeemed or sold, may be worth more or less than their original cost. determine whether an asset is held long-term or not. Wash-sale rules A wash sale occurs when a security is sold at a loss and the same security, or a substantially identical security, is purchased within 30 days before or 30 days after the sale date. When a wash sale occurs, the loss recognized from the transaction is disallowed and is unable to be used to offset other gains. Instead, the amount of the disallowed loss will be added to the basis of the repurchased securities. The rule was developed to prevent investors from selling securities for the sole purpose of creating a deductible loss or using the loss to offset other gains. A wash sale can be avoided by purchasing the identical security more than 30 days before the loss sale or more than 30 days after the loss sale. A security within the same sector but that is not substantially identical may be purchased at any time before or after the loss sale and will not trigger a wash sale. PAGE | 13
2020 TAX PLANNING GUIDE Qualified Opportunity Zones PAGE | 14
2020 TAX PLANNING GUIDE The TCJA of 2017 introduced the Qualified Opportunity Zone (QOZ) program, Generally, any QOF investment made providing a tax incentive for private, long-term investments in economically in 2020 will not be held long enough to distressed communities. You may elect to defer tax on any capital gains invested qualify for the additional 5% step-up. in a Qualified Opportunity Fund (QOF), defined as an entity that is organized as However, a 2020 investment could still qualify for the 5% step-up if the gain arises a corporation or partnership and that subsequently makes investments in QOZ from a pass-through entity’s capital gain property. You must invest in the QOF within 180 days of the realization event. (for example, a partnership, S corporation, If you make the investment, you could potentially receive three valuable tax or trust). benefits: The rules surrounding this option are 1. The capital gains invested in the QOF are not recognized until the earlier of complicated and require precision. This the QOF sale or December 31, 2026. option should be discussed with your tax 2. You may be able to reduce the amount of gain. If you retain your investment advisor early in 2020. in the QOF for five years, you will be able to exclude 10% of the gain from eventual recognition. If the money is kept in the QOF for seven years, you receive an additional 5% gain exclusion for a maximum In order to provide these of 15% gain exclusion on the original sale. As the new capital gain realization substantial tax benefits, money date is must remain in the QOF for at December 31, 2026, in order to obtain the full 15% exclusion, the QOF investment generally needed to be made before December 31, 2019. least 10 years. As such, discuss 3. You may be able to exclude all future capital gains on the sale of QOF. If you with your advisor how these retain your QOF for at least 10 years and then sell your interest, you can vehicles impact other areas of exclude 100% of the capital gain. Thus, if you invest in a QOF on December 1, your overall financial strategy 2019, and sell the QOF on December 2, 2029, you will pay no capital gain tax on the entire appreciation including, but not limited to, of the QOF. cash flow planning and your These tax savings opportunities are only available if you retain your investment investment risk tolerance. in the QOF for the noted timeframes. A sale of the QOF before the noted dates will accelerate any deferred capital gain to that date and you may lose some of the benefits. PAGE | 15
2020 TAX PLANNING GUIDE Education planning 529 plans Funding opportunity for education Donors can also elect to make five years’ • Earnings accumulate tax-deferred; qualified withdrawals (such as tuition, fees, worth of annual exclusion amounts in a supplies, books, and required equipment) may be free of federal income taxes. single year’s contribution, up to $75,000 • There are no income, state-residency, or age restrictions. (single) and $150,000 (married). For example, a couple with twins could fund • Potential state-tax incentives are available in some states. $150,000 for each child after birth and let • These are typically funded up to the annual exclusion amount, $15,000 (single) those funds grow tax-free until needed. or $30,000 (married) per year per donee. Contributions in excess of annual Accessing 529 plan considerations exclusions should be filed on a gift tax return (Form 709) to report use of the donor’s available lifetime exclusion or the election to superfund five years’ worth While the expansion of benefits under of annual contributions (see below). Most plans allow for contributions by people 529 plans for early education may sound other than the original donors, such as aunts/uncles, grandparents, friends, etc. exciting, taxpayers may find it more advantageous to leave the 529 plan • Aggregate contribution limits vary by state—roughly $200,000 to $500,000 per account untouched in order to grow tax- beneficiary. free during the primary education years • Elementary and secondary school expenses of up to $10,000 per year are and instead use the 529 plan for college qualified education expenses for federal tax purposes. This flexibility may allow and post-graduate studies. earlier access for private tuition prior to college. However, not all states conform The CARES Act and student loans to this definition of qualified expenses, so check with your tax advisor and The CARES Act suspended certain student confirm your state rules before taking a distribution for this purpose. loan payments and accrual of interest • If a plan is overfunded due to your child (or whoever the plan was set up for) through September 30, 2020. Employers not having enough (or any) qualifying education expenses, you can change the may make student loan payments on plan beneficiary so long as the new beneficiary is a family member of the old behalf of employees (up to $5,250) with beneficiary (a sibling, spouse, parent, etc.). the amount excluded from employee income. ‒‒ If a plan is overfunded, the donor can still access those tax-deferred funds; this growth may outweigh applicable income taxes and penalties on distributions not used for education because 529 plans do not have a “use by” age Please consider the investment requirement. objectives, risks, charges, and expenses • The SECURE Act further expanded the definition of qualified higher education carefully before investing in a 529 expenses to include expenses for apprenticeship programs and qualified savings plan. The official statement, education loan payments: which contains this and other ‒ Eligible apprenticeship program expenses include fees, books, supplies, and information, can be obtained by calling required equipment. your relationship manager. Read it carefully before you invest. PAGE | 16
2020 TAX PLANNING GUIDE ‒‒ Qualified education loan payments are distributions American Opportunity Credit that may be used to pay the principal and/or interest on qualified education loans. Limited to a lifetime Maximum credit: $2,500 per student per year, for first four maximum amount of $10,000 per person. years of qualified expenses paid ‒ This change is effective retroactively to the beginning MAGI phase-outs of 2019. Married filing jointly $160,000–$180,000 Single filer $80,000–$90,000 Education Savings Accounts (ESAs) • Maximum nondeductible contribution is $2,000 per child Up to 40% ($1,000) of the American Opportunity Credit is per year. refundable. This means that even if your tax bill is zero, you can receive a refund of up to $1,000. • Must be established for the benefit of a child younger than the age of 18. Lifetime Learning Credit • Maximum contribution amount is reduced if a contributor’s MAGI is between $95,000 and $110,000 for Maximum credit: 20% of the first $10,000 (per tax return) individual filers or $190,000 and $220,000 for joint filers. of qualified expenses paid in 2020 • No contributions can be made if the contributor’s MAGI MAGI phase-outs exceeds the stated limits or the beneficiary is age 18 or Married filing jointly $118,000–$138,000 older (except for special needs beneficiaries). Single filer $59,000–$69,000 • Interest, dividends, and capital gains grow tax-deferred and may be distributed free of federal income taxes as long as the money is used to pay qualified education expenses. Exclusion of U.S. savings bond interest • Funds must be used before age 30 or transferred to a MAGI phase-outs family member under the age of 30 (except for special Married filing jointly $123,550–$153,550 needs beneficiaries). Others $82,350–$97,350 • A prior advantage of ESAs over 529s was the ability to Bonds must be titled in name(s) of taxpayer(s) only. Owner must be age 24 or older at time of use an ESA for private elementary or secondary school issue. Must be Series EE issued after 1989 or any Series I bonds. Proceeds must be used for tuition. This advantage has been minimized now that 529 qualified post-secondary education expenses of the taxpayer, spouse, or dependent. plans offer similar distributions and permit higher funding contributions, which are not phased out by the donor’s Student loan interest deduction income level. Maximum deduction: $2,500 MAGI phase-outs Married filing jointly $140,000–$170,000 Others $70,000–$85,000 PAGE | 17
2020 TAX PLANNING GUIDE Kiddie tax Children with investment and other unearned income, such as dividends and capital gains, exceeding $2,200 may be subject to the kiddie tax rules. These rules apply to children age 17 and under, those that are 18 with earned income not exceeding half of their support, and those that are over 18 and under 24 if also full-time students with earned income not exceeding half of their support. Parents can elect to report this unearned income on their own return using Form 8814 for amounts less than $11,000. While doing so may be simpler, it may not be necessarily more tax efficient. The kiddie tax applicable to a child’s unearned income of $10,000, for example, may be less than when claimed by a parent already subject to top tax rates. Starting in 2020, the SECURE Act returns the kiddie tax rules to what they were prior to passage of the TCJA of 2017. In 2020, unearned income of children is taxed at the child’s parent’s marginal tax rate instead of the trust and estate tax rates. While this change is effective for 2020, taxpayers may elect to apply the changes for the tax year that began in 2018, 2019, or both. For children with substantial unearned income, there could be significant tax savings. If beneficial, an amended return can be filed for 2018 and 2019. Taxable income Tax Over But not over Pay + % on excess Of the amount over $0 $2,600 $0 10% $0 $2,600 $9,300 $260 24% $2,600 $9,300 $12,750 $1,868 35% $9,300 $12,750 $3,075 37% $12,750 PAGE | 18
2020 TAX PLANNING GUIDE Retirement accounts 401(k), 403(b), 457, Roth 401(k), or Roth 403(b) Employee maximum deferral contributions $19,500 Catch-up contribution (if age 50 or older) $6,500 Combined limit for Roth 401(k) or Roth 403(b) and before-tax traditional 401(k) or before-tax 403(b) deferral contributions is $19,500 for those younger than 50. Traditional and Roth IRAs Maximum contribution $6,000 Catch-up contribution (if age 50 or older) $1,000 2020 contributions must be made no later than the tax-filing deadline, regardless of tax extensions. Traditional IRA deductibility limits If neither individual nor spouse is a participant in another plan: $6,000 maximum deduction1 If the individual is an active participant in another plan: Married/joint MAGI Single MAGI Deduction Up to $104,000 Up to $65,000 $6,0001,2 $104,001–$123,999 $65,001–$74,999 Phased out $124,000 and over $75,000 and over $0 1 If a spouse (working or nonworking) is not covered by a retirement plan but his or her spouse is covered, the spouse who is not covered is allowed full deductibility up to $196,000 joint MAGI, phased out at $206,000 joint MAGI. 2 Maximum deduction is $7,000 if age 50 or older. Note: Phase-out for married filing separately is $0–$10,000. Roth IRA qualifications • Contribution amount is limited if MAGI is • Cannot contribute if MAGI exceeds limits between: • Contributions are not tax-deductible ‒ $124,000 and $139,000 for individual • Contributions are allowed after the age of 70½ returns* if made from earned income ‒ $196,000 and $206,000 for joint filers • Contributions, but not earnings, can always ‒ $0 and $10,000 for married filing separately be withdrawn at any time, tax-free and penalty-free * Includes single filers, head of household, and married filing separately if you did not live with your spouse at any time during the year. PAGE | 19
2020 TAX PLANNING GUIDE Retirement plan limits The SECURE Act impact Maximum elective deferral to SIMPLE IRA and The SECURE Act, which was signed into law on December 20, $13,500 SIMPLE 401(k) plans 2019, was the largest piece of retirement legislation in over a Catch-up contribution for SIMPLE IRA and decade. A number of the key provisions will start impacting $3,000 SIMPLE 401(k) plans (if age 50 or older) individuals as early as January 1, 2020. A few of the significant Maximum annual defined contribution plan limit $57,000 changes include: Maximum compensation for calculating $285,000 qualified plan contributions • Increase in the RMD age. Although not a factor in Maximum annual defined benefit limit $230,000 2020 due to the CARES Act waiving RMDs in 2020, Threshold for highly compensated employee $130,000 the SECURE Act raises the RMD age from age 70½ to Threshold for key employee in top-heavy plans $185,000 age 72. This affects individuals turning age 70½ after Maximum SEP contribution is lesser of limit or 25% of eligible income $57,000 December 31, 2019. Individuals who reached age 70½ on or before December 31, 2019, must start and/or continue taking RMDs at age 70½. Individuals turning 70½ after The CARES Act impact December 31, 2019, can delay taking their first RMD until The CARES Act, signed into law on March 27, 2020, April 1 of the year following the year they turn age 72. impacts both retirement plan distributions and loans: • Inherited IRAs, limitation of the stretch IRA • Required minimum distributions (RMDs) are waived for provisions. Under the previous law, RMD rules for an 2020 from IRAs and certain defined contribution plans. inherited IRA allowed a designated beneficiary to receive distributions over his or her life expectancy. Under the • For those under age 59½, distributions from qualified SECURE Act, a beneficiary who inherits an IRA in 2020 retirement plans and IRAs during 2020 of up to $100,000 and thereafter must withdraw the funds from the IRA for COVID-19-related purposes are allowed without within 10 years of the IRA account holder’s death. a 10% penalty and are taxable evenly over three years beginning in 2020. ‒‒ For certain designated beneficiaries, the 10-year rule will not apply. Exceptions are made for spouses, disabled, ‒‒ Tax on these distributions may be avoided if the amount or chronically ill beneficiaries, individuals not more is fully recontributed within three years. than 10 years younger than the decedent, and certain ‒‒ Related purposes include a COVID-19 diagnosis for you, minor children. your spouse, or dependent, or if you are experiencing ‒ The 10-year rule applies to both individual IRAs financial hardship as a result of layoff, furlough, reduction and Roth IRAs as well as defined contribution of work hours, or lack of child care. retirement plans. PAGE | 20
2020 TAX PLANNING GUIDE • Repeal of maximum age for traditional IRA contributions. The SECURE The CARES Act and required minimum Act repeals the restriction that previously prevented contributions to distributions (RMDs) traditional IRAs by an individual who has reached age 70½. Now, as long as an In most years, you are required to take individual has earned income, there is no age limitation on the ability to make distributions from your retirement contributions to a traditional IRA; however, that contribution is still subject to accounts. In 2020, that requirement would the same rules regarding whether your contribution will be tax deductible. have started no later than April 1 in the year after you turn 72 (updated from 70½ Consider converting your eligible retirement account per the SECURE Act). However, the CARES Act waives RMDs from IRAs and certain to a Roth IRA defined contribution plans (such as 401(k), Benefits of converting your eligible retirement account—401(k), traditional IRA, 403(b), or 457 accounts) for 2020. If you or other non-Roth account—to a Roth IRA can include tax-free withdrawals for turned 70½ in 2019 and you planned on you and your heirs and the elimination of RMDs during your lifetime and those taking your first RMD by April 1, 2020, you are not required to take that distribution of your spouse (if treated as his/her own Roth IRA). RMDs will be required for either. non-spouse beneficiaries, but tax-free withdrawals will still apply for qualified distributions. Another benefit of converting your eligible retirement accounts is Although there has been a waiver on 2020 that the amount that is converted to a Roth IRA can be withdrawn tax-free and RMDs, you may still wish to consider penalty-free after a five-year waiting period, even if you are younger than 59½. making a qualified charitable distribution (QCD) from your retirement account as an Conversion is not an all-or-nothing proposition, as you can convert a portion option to support a charitable organization or all of your eligible retirement account. Note that a Roth IRA conversion will during this time of uncertainty. Taxpayers trigger ordinary income in the year of conversion and potentially the Medicare over 70½ are eligible to make a QCD and surtax, as the conversion counts toward the calculation of modified adjusted would not recognize that distribution in gross income. gross income. Making a QCD will reduce To determine if you may benefit from this strategy, we recommend working the value of your retirement account, with your tax advisor to determine all potential federal and state income tax thereby reducing your RMDs in future and estate tax implications. Please note that in past years, one could change years. This is an option for you even if you their mind and reverse the recharacterization until October of the following year. do not itemize your deductions. Under the TCJA, reversing the conversion is no longer an option. If you have significant income resources to sustain your lifestyle for the rest of your life without using your traditional IRA, consider a Roth IRA conversion. A traditional IRA forces withdrawals through RMDs regardless of individual circumstances, whereas a Roth conversion eliminates RMDs entirely. In this way, taxpayers can leave the full balance of the Roth IRA to their heirs, undiminished both by income taxes (income tax is paid when completing the conversion) and forced withdrawals (RMDs) during the taxpayer’s own lifetime. Keep in mind that with the passage of the SECURE Act, funds in an inherited Roth IRA will have to be distributed to beneficiaries within 10 years. Although the distribution is not taxable, the impact of this change should be taken in to consideration. PAGE | 21
2020 TAX PLANNING GUIDE Inherited IRA distributions If you and your advisors have Qualified charitable distributions (QCDs) can be made from an inherited IRA as determined that a Roth conversion well; it will just be reported as a death distribution to the IRS. You must be 70½ or is the right fit for you due to older to make a QCD, even if it is from an inherited IRA. current market volatility and Tax-efficient charitable gifting decline in market values, now may be a good time to facilitate the The most tax-efficient beneficiaries of qualified plan assets (which receive no income tax basis step-up at death) are charities because they are tax-exempt for conversion. The depressed value income tax purposes. As an example, designating a charity as your $100,000 IRA means the tax on the conversion beneficiary (not subject to income taxes) and bequeathing your $100,000 stock is also lower and again, any future portfolio to a child transfers the full $200,000 with $0 income taxes to the IRS. On the other hand, designating a child as your $100,000 IRA beneficiary (subject distributions will be tax-free. It is to income taxes) and bequeathing a $100,000 stock portfolio to charity transfers important that you have assets less because your child will have to pay the income taxes on the $100,000 IRA. outside of the IRA to pay the taxes. PAGE | 22 PAGE | 22
2020 TAX PLANNING GUIDE Social Security PAGE | 23
2020 TAX PLANNING GUIDE Social Security and Medicare taxes Contact your tax advisor for guidance on the most current Social Security and Medicare tax rates in effect during 2020. Maximum wage base for Social Security $137,700 Earnings test The earnings test indicates the level of earnings permissible for Social Security recipients without incurring a deduction from benefits. These limits are indexed to increases in national earnings. Worker younger than full retirement age $18,240 Year worker reaches full retirement age (applies only to earnings for months prior to attaining $48,600 full retirement age) Worker at full retirement age No limit Maximum monthly benefit: $3,011 This benefit is for an individual who reaches full retirement age in 2020 and earns at least the maximum wage base amount for the best 35 years of work. Information provided by the Social Security Administration. Taxation thresholds Up to a certain percentage of an individual’s Social Security benefits is subject to taxation when his or her provisional income1 exceeds certain threshold amounts: Up to 50% taxed Up to 85% taxed Married filing jointly $32,000–$44,000 More than $44,000 Single $25,000–$34,000 More than $34,000 Married filing separately 85% taxable 2 1 Provisional income generally includes modified adjusted gross income (MAGI) plus nontaxable interest and one-half of Social Security benefits. 2 There is an exception to this rule if you lived apart from your spouse for the entire year. Consult your tax advisor for more information. PAGE | 24
2020 TAX PLANNING GUIDE Charitable contributions Congress recognized that the doubling of the standard deduction under the TCJA In addition to bunching together of 2017 would effectively eliminate the ability of many taxpayers to obtain a donations, donor advised funds (DAFs) benefit for their charitable contributions, potentially causing many taxpayers to are another way to take advantage of give less. To counteract this, a change was made to increase the adjusted gross deductions. The irrevocable contribution you make to a DAF is deductible in the income (AGI) limitation for cash contributions to a public charity from 50% to 60%. year you fund it, but distributions to In 2020, this limitation has been waived under the CARES Act. This waiver does charitable organizations can be spread not apply to contributions to private foundations or donor advised funds. This over multiple years. may encourage more high-net-worth individuals to increase their giving, helping charities recover lost revenue. Although the AGI limitation for cash contributions is 60%, it is important to This can be useful when you are consider donating appreciated property. If you donate appreciated property that able to make a donation but has been held for at least one year, you are eligible to deduct the fair market value without paying income tax on the unrealized gain. However, you can only deduct have yet to determine the timing up to 30% of your AGI when making these gifts of long-term capital gains property of the distributions out of the (to a public charity). Being able to avoid the payment of taxes on the unrealized DAF or what charities will receive gain combined with the charitable contribution deduction may produce a better tax result. the gift. When considering charitable gifting and capturing potential tax deductions, review your tax situation and carefully determine which assets to give. Gifts made to qualified, tax-exempt organizations are generally deductible but are subject to limitations based on the type of organization (public or private), the asset being gifted, and your AGI. Charitable contributions that are not deductible in the current year due to AGI limitations can be carried forward for up to five years. Gifts made via check or credit cards are considered deductible if the check is written and mailed or the charge to the credit card posts on or before December 31. Gifts of stock are considered complete on the date the brokerage firm transfers title, which can take several business days (or the date the taxpayer can substantiate permanent relinquishment of dominion and control over the stock), so be sure to plan these types of transfers well before December 31. Also, remember to obtain and keep receipts and be aware of any value received for goods or services that may reduce the value of any tax deduction. PAGE | 25
2020 TAX PLANNING GUIDE Take advantage of charitable deductions The higher standard deduction combined with limits on other deductions means fewer people will be able to deduct their charitable contributions. An option to get a deduction is to make direct gifts and bunch your donations together into one year. For example, instead of making contributions in December 2020, you can make your 2020 contributions in January 2021. Making your 2021 contributions later during the year might give you enough to itemize in one calendar year. You could then take the standard deduction the following year, when you don’t make contributions. Under the CARES Act, an above-the-line deduction for cash charitable contributions of up to $300 is allowed for taxpayers who take the standard deduction. PAGE | 26
2020 TAX PLANNING GUIDE Long-term care deduction for policy premiums For specific qualified long-term care policies, the premiums are considered to be a personal medical expense and deductible by the IRS. The amount of qualified long-term premiums that will be considered a medical expense are shown on the table below.* The medical expense deduction is limited to qualified medical expenses over 7.5% of adjusted gross income. Age before the close of the taxable year Limit on premiums eligible for deduction 40 or less $430 Over 40 but not over 50 $810 Over 50 but not over 60 $1,630 Over 60 but not over 70 $4,350 Over 70 $5,430 * Limitations apply based on the type of taxpayer. You should consult your tax advisor regarding your situation. PAGE | 27
2020 TAX PLANNING GUIDE Real estate investors As a real estate investor, you may expense 100% of new and used qualified Consider aligning titling of real estate tangible business property acquired and placed in service during 2020. In assets based on usage addition, the expense limitations (that is, Section 179 election) relating to the Due to these changes, taxpayers should cost of certain depreciable tangible personal property used in a rental business as consider whether certain real estate well as certain nonresidential real property improvements is $1,040,000, and the properties should continue to be used as phase-out is $2,590,000. Real estate investors can use Section 1031 exchanges a personal asset. If the taxpayer uses the for real estate used in a trade or business, but Section 1031 cannot be used for property in a real estate trade or business personal property or real property held primarily for sale. (for example, renting the property), the real estate tax and mortgage interest The deduction for real estate taxes for personal use real estate is now limited deduction limitations no longer apply. to $10,000. This limitation includes state and local income taxes as well. These deductions, while limited for The mortgage interest deduction is limited to the first $750,000 in mortgage personal assets, are still fully deductible indebtedness on primary and secondary residences. Only mortgages originating for real estate assets used in a trade or before December 15, 2017, can continue to use the old $1,000,000 mortgage business. balance limitation. Finally, home equity loans and home equity lines of credit that are not used to either acquire or improve a primary or secondary residence are not deductible. Owners of real estate entities Generally, income from real estate activities is considered a passive activity. As established as pass-through such, if a property operates at a loss, the loss is only deductible against other passive income, or if the property’s activity is disposed during the year. Only real businesses, such as sole estate professionals who provide greater than 750 hours of personal services in proprietorships, LLCs taxed as real property trades and spend more than half of their time in real estate trade or partnerships, partnerships, or S businesses can fully deduct their losses from real property activities. As the rules can frequently be based on facts and circumstances, taxpayers should consult corporations, may be able to take their tax advisor to confirm the proper deductibility of these activities. advantage of the 20% qualified business income deduction against the owner’s share of taxable rental income, subject to certain limitations. Regulations indicated that real estate operated in a trade or business could qualify for the deduction. PAGE | 28
2020 TAX PLANNING GUIDE Health savings account (HSA) limits Health savings accounts (HSAs) are available to participants enrolled in a high-deductible health insurance plan. Contributions to HSAs are fully tax-deductible (or are made entirely from before-tax dollars), meaning they are not subject to federal taxes and state taxes as well as Social Security and Medicare taxes (commonly referred to as FICA taxes). Income earned inside HSAs is tax-deferred and distributions are tax-free as long as they are used for qualified medical expenses. If a distribution occurs from an HSA prior to age 65 for reasons other than qualified medical expenses, ordinary income taxes along with a 20% penalty are due on the distribution amount. Distributions from HSAs after age 65 are not subject to the 20% penalty but are subject to ordinary income taxes. Contributions to HSAs can no longer be made after enrolling in Medicare (eligibility for Medicare begins at age 65). Maximum contribution Single $3,550 Family $7,100 $1,000 catch-up contribution allowed per individual age 55 or older. Minimum health insurance plan deductible Single $1,400 Family $2,800 Maximum out-of-pocket expenses Single $6,900 Family $13,800 PAGE | 29
2020 TAX PLANNING GUIDE Federal trust and estate income tax Tax rates Taxable income Tax Over But not over Pay + % on excess Of the amount over $0 $2,600 $0 10% $0 $2,600 $9,450 $260 24% $2,600 $9,450 $12,950 $1,904 35% $9,450 $12,950 $3,129 37% $12,950 PAGE | 30
2020 TAX PLANNING GUIDE Estate and gift tax Applicable exclusion: $11,580,000 Take advantage of the temporary exemption increase The applicable exclusion is the value an estate must exceed before it will be The $11,580,000 lifetime exclusion amount subject to taxation. Portability rules allow an executor to elect to transfer any is approximately double the prior figure of unused exclusion to a surviving spouse. Consult your tax and legal advisors to $5,000,000 (adjusted for inflation). Because determine the appropriate strategy for applying the portability rules. this generous exclusion is temporary and expires on December 31, 2025 (or perhaps Estate tax rate: 40% earlier depending on legislative changes), you should be thinking about how to take The estate tax rate is 40% for any amount exceeding $11,580,000 (or exceeding advantage of this window of opportunity $23,160,000 for married individuals). before it expires. If you do not use it before expiration, you may lose it. The exclusions Generation-skipping tax exemption: $11,580,000 are used by either making lifetime gifts or passing away before the exclusion reverts to Gift tax annual exclusion: $15,000 old levels. For example, a married couple that fails to lock in the increased exemption with Each individual may transfer up to $15,000 per person per year to any number lifetime gifts may effectively add roughly of beneficiaries (family or nonfamily) without paying gift tax or using up any $4,000,000 to their heirs’ estate tax liability. available lifetime gift exclusion. For individuals who have already engaged in gifting (many individuals with taxable Explore wealth transfer opportunities estates gifted assets in advance of the 2011 and 2013 estate tax law changes), the While minimizing transfer taxes is a factor, often we find a client’s main concern additional lifetime exclusion amount allows is making sure assets pass effectively and efficiently, fulfilling his or her wishes taxpayers to consider new gifting strategies. and the needs of beneficiaries. There are actions you can take this year to For married individuals with estate planning potentially reduce your future estate tax liability and to maximize your lifetime documents, the technical language within gifting. wills or trusts may need to be revisited You can give $15,000 every year to as many people as you like without paying and evaluated considering the existing a gift tax or using up any of your $11,580,000 lifetime exclusion, as long as you exemption amount. It would be prudent to initiate contact with your estate planning do it before the end of each year. Medical and education expenses paid on behalf attorney to discuss your estate value and of anyone directly to the institution are excluded from taxable gifts and are existing estate planning documents. unlimited in amount (as are charitable gifts). Although simple gifts and transfers mentioned here can reduce taxable estates, they are fairly basic techniques, and clients are sometimes reluctant to use them due to a lack of control and concerns about access once gifts are made. PAGE | 31
2020 TAX PLANNING GUIDE Typically, families with significant taxable estates are strategic about how best Additionally, many taxpayers to use the annual exclusion and their lifetime exclusion gifting by utilizing reside in states that have their advanced strategies such as irrevocable trusts (e.g., Grantor Retained Annuity Trusts, Intentionally Defective Grantor Trusts, Qualified Personal Residence own death, estate, or inheritance Trusts, Charitable Remainder Trusts, etc.), transfers of interests in entities taxes. This should also be (Family Limited Partnerships and Limited Liability Companies), and other reviewed with your attorney planning techniques. Modern planning techniques are increasingly flexible and provide mechanisms to protect your beneficiaries while allowing you options to see if additional planning for maintaining your own desired lifestyle. Given the market volatility and can minimize or eliminate low interest rates at time of publication, these strategies may be that much state estate taxes or if any more impactful at this time. As with any strategy, there are risks to consider and potential costs involved. Discussions with your advisors can help in the adjustments need to be made to education of how these strategies work, and the role that depressed valuations existing planning as a result of and low rates can play. the discrepancy between state A modern wealth planning approach should be holistic, incorporating income and federal estate taxes. tax planning considerations, asset protection, business succession planning, and family dynamics considerations (not just minimizing transfer taxes). Before implementing any wealth transfer option, you should consider the trade-offs between lifetime transfers and transfers at death. Lifetime transfers usually result in the beneficiary assuming the tax basis in the gifted asset equal to that of the donor at the time of the gift. This could result in any built-in appreciation being taxed to the beneficiary when he or she ultimately sells the property, although any gift or estate tax on such appreciation is usually avoided from the perspective of the donor. In contrast, if the transfer occurs at death, the beneficiary generally assumes the tax basis equal to the fair market value at that time, eliminating any income tax on the built-in appreciation. However, income tax savings on the asset may be offset by any estate tax imposed on the asset. Proper planning with your tax and other advisors should consider the trade-off between income and estate taxes and help you maximize your results over the long term. The right strategies to use will vary with the goals, assets, and circumstances of each family. PAGE | 32
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