2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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Tax planning may be a real challenge this year M inimizing taxes is never easy. But in times of legislative and economic uncertainty, it can be a real chal- lenge. To take advantage of all available breaks, you first need to be aware of relevant tax law changes that are going into effect — or that have expired. For example, the Inflation Reduction Act, signed into law in August, includes some tax breaks related to clean energy, plug-in electric vehicles and home energy improvements. But tax provisions intended to provide relief during the height of the pandemic generally have expired. You also can’t forget about the massive Tax Cuts and Jobs Act (TCJA) that generally went into effect four years ago, because the TCJA still significantly impacts tax planning. Finally, you need to keep an eye out for any new tax law changes that might still be signed into law this year and affect 2022 planning. This guide provides an overview of some of the key tax provisions you need to be aware of. It offers a variety of strategies for minimizing your taxes in the current tax environment. Use it to identify the best strategies for your particular situation with your tax advisor, who also can keep you apprised of any new tax law developments that might affect you. Contents Income & Deductions 2 Click here Family & Education 4 Click here Investing 6 Click here Business 8 Click here Retirement 12 Click here Estate Planning 14 Click here Tax Rates 16 Click here
2 Income & Deductions Reducing your taxable income with deductions and other breaks D eductions are valuable because they reduce the amount of your income that’s subject to federal Chart 1 2022 standard deduction tax — and in many cases, state tax, too. Income can also be tax-free if it comes Filing status Standard deduction1 from certain tax-advantaged accounts or is eligible for some other type of Singles and separate filers $ 12,950 exclusion. In recent years, deduction Heads of households $ 19,400 planning has been greatly impacted by the TCJA. For example, this 2017 law Joint filers $ 25,900 reduced or eliminated many deduc- 1 Taxpayers who are age 65 or older or blind can claim an additional standard deduction: $1,400 tions while significantly increasing the each if married, $1,750 if unmarried. standard deduction. It also generally reduced tax rates, and deductions save Deducting sales tax instead of income Home office deduction. If you’re less tax when rates are lower. Proper tax may be beneficial if you reside in a an employee and work from home, timing of deductible expenses and state with no, or low, income tax or you under the TCJA, home office expenses taking advantage of other breaks can purchased a major item, such as a car aren’t deductible through 2025 — help maximize your tax savings. or boat. even if your employer has required you to work from home. Why? For Standard deduction vs. itemizing Home-related breaks employees, this is a miscellaneous Taxpayers can either itemize certain itemized deduction subject to the Consider both deductions and exclu- deductions or take the standard deduc- 2% of adjusted gross income (AGI) sions in your tax planning: tion for their filing status. Itemizing floor, and the TCJA suspended such saves tax when the total will be larger deductions. (If you’re self-employed, Property tax deduction. As noted than the standard deduction, but it you may still be able to deduct home earlier, unless proposed tax law changes makes filing more complicated. office expenses. See page 11.) come to fruition, through 2025 your property tax deduction is subject to the The TCJA nearly doubled the standard Personal casualty and theft loss state and local tax deduction limit. deduction for each filing status. Those deduction. Through 2025, the TCJA amounts are to be annually adjusted suspends this itemized deduction Mortgage interest deduction. You gen- for inflation through 2025, after which except if the loss was due to an event erally can claim an itemized deduction they’re scheduled to drop back to the officially declared a disaster by the for interest on mortgage debt incurred to amounts under pre-TCJA law. (See President. purchase, build or improve your principal Chart 1 for 2022 amounts.) residence and a second residence. Points But, under an exception, personal paid related to your principal residence The combination of a higher standard casualty losses not related to a disaster also may be deductible. Through 2025, deduction and the reduction or elimina- can be deducted to the extent of any the TCJA reduces the mortgage debt tion of many itemized deductions means personal casualty gains. Such gains limit from $1 million to $750,000 for that many taxpayers who once benefited occur when the amount you receive debt incurred after Dec. 15, 2017 (from from itemizing are now better off taking from insurance or other reimbursements $500,000 to $375,000 for separate filers), the standard deduction. is more than the cost or adjusted basis with some limited exceptions. of the property. State and local tax deduction Home equity debt interest deduction. Rental income exclusion. If you rent Under the TCJA, through 2025, your entire Through 2025, the TCJA effectively limits out all or a portion of your principal itemized deduction for state and local the home equity interest deduction to residence or second home for less than taxes — including property tax and the debt that would qualify for the home 15 days during the year, you don’t have greater of income or sales tax — is limited mortgage interest deduction. (Under to report the income. But expenses to $10,000 ($5,000 if you’re married filing pre-TCJA law, interest was deductible directly associated with the rental, such separately). Increasing or eliminating the on up to $100,000 of home equity debt as advertising and cleaning, won’t be limit has been discussed. Check with your used for any purpose, such as to pay off deductible. tax advisor for the latest information. credit card debt or to buy a car.)
Income & Deductions 3 Home sale gain exclusion. When Tax-advantaged tax if it would help you exceed the appli- you sell your principal residence, saving for health care cable floor and you’d have enough total you can exclude up to $250,000 of itemized deductions to benefit from If medical expenses not paid via tax- gain ($500,000 for married couples itemizing. Of course, your and your advantaged accounts or reimbursable by filing jointly) if you meet certain tests. family’s health is more important than insurance exceed a certain percentage Warning: Gain that’s allocable to a tax savings, so don’t adjust timing in a of your AGI, you can claim an itemized period of “nonqualified” use generally way that would be harmful health-wise. deduction for the amount exceeding that isn’t excludable. “floor.” Fortunately the 7.5% floor that had in recent years been a temporary You may be able to save taxes without Loss deduction. If you sell your home reduction from 10% is now permanent. having to worry about the medical at a loss and part of your home is expense deduction floor by contributing rented out or used exclusively for your to one of these accounts: Eligible expenses may include health business, the loss attributable to that insurance premiums, long-term- portion may be deductible. HSA. If you’re covered by a qualified care insurance premiums (limits apply), medical and dental services, high-deductible health plan, you can Moving expense deduction. Under and prescription drugs. Mileage driven contribute pretax income to an employer- the TCJA, through 2025, work-related for health care purposes also can be sponsored Health Savings Account — or moving expenses are deductible only deducted — at 18 cents per mile for make deductible contributions to an HSA by active-duty members of the Armed Jan. 1 – June 30, 2022, and at 22 cents you set up yourself — up to $3,650 for Forces (and their spouses or dependents) per mile for July 1 – Dec. 31, 2022. self-only coverage and $7,300 for family who move because of a military order coverage (plus $1,000 if you’re age 55 or that calls for a permanent change of older) for 2022. HSAs can bear interest or Consider whether there are any medical station. (If you’re eligible, you don’t have be invested, growing tax-deferred similar services and purchases you could bunch to itemize to claim this deduction.) to an IRA. Withdrawals for qualified into alternating years. This could save medical expenses are tax-free, and you can carry over a balance from year to WHAT’S Expanded charitable deductions have expired, year, allowing the account to grow. NEW! but giving still offers tax-saving opportunities FSA. You can redirect pretax income Generally, donations to qualified charities are fully deductible — but only to an employer-sponsored Flexible if you itemize deductions. For 2020 and 2021, pandemic relief legislation Spending Account up to an employer- allowed taxpayers who claimed the standard deduction to deduct up to determined limit — not to exceed $2,850 $300 of cash donations to qualified charities (for 2021 only, $600 for married in 2022. The plan pays or reimburses couples filing jointly). As of this writing, nonitemizers can’t claim any charitable you for qualified medical expenses. (If deductions for 2022, but it’s possible Congress could bring back the break. you have an HSA, your FSA is limited Check with your tax advisor for the latest information. to funding certain permitted expenses.) If itemizing no longer will save you tax because of the increased standard What you don’t use by the plan year’s deduction, you might benefit from “bunching” donations into alternating years end, you generally lose — though your so that your total itemized deductions in those years would then surpass your plan might give you a 2½-month grace standard deduction. You can then itemize just in those years. period to incur expenses to use up the For large donations, dis- previous year’s contribution. Or it might cuss with your tax advisor allow you to roll over up to $570 to 2023. which assets to give and Warning: Some provisions allowing the best ways to give them. added FSA flexibility because of the For example, if you made pandemic have expired. cash donations in 2020 and 2021 because of the More considerations 100% of adjusted gross income (AGI) deduction Keep in mind that legislation could be limit for such gifts to public signed into law that would suspend or charities, in 2022 you may alter some of the TCJA provisions affect- want to consider giving ing deductions or make other changes appreciated securities to deduction rules. Check with your tax instead. Why? For 2022, advisor for the latest information. the deduction limit for cash gifts returns to the normal Also be aware that there are other 60% of AGI limit. While an types of taxes that could affect you and even lower limit of 30% applies to appreciated should be factored into your planning, security donations, you such as the alternative minimum tax can avoid any capital gains (AMT). Your tax advisor can help you tax you’d owe if you sold determine if you’re among the small the securities. number of taxpayers who still need to plan for the AMT after the TCJA.
4 Family & Education Parent or student? Here’s how you can save taxes in 2022 R aising children and helping them for one child or 20% of up to $6,000 Kiddie tax pursue their educational goals — of such expenses for two or more The “kiddie tax” generally applies to or pursuing your own — can children. So, the maximum credit is unearned income beyond $2,300 (for be highly rewarding. But it also can be usually $600 for one child or $1,200 2022) of children under age 19 and of expensive. Fortunately, a variety of tax for two or more children. Warning: full-time students under age 24 (unless breaks can offset some of the costs. The expanded credit that was available the students provide more than half However, a few tax break enhancements for 2021 hasn’t as of this writing been of their own support from earned available last year expired Dec. 31, 2021. extended to 2022. Check with your tax income). Such income is generally advisor for the latest information. taxed at the parents’ tax rate. Child, dependent and adoption credits Child and dependent care FSA. For 529 plans 2022, you can contribute up to $5,000 Under the TCJA, these two tax credits If you’re saving for education expenses, pretax to an employer-sponsored child for families are available through 2025: consider a Section 529 plan. You can and dependent care Flexible Spending Account. The plan pays or reimburses choose a prepaid tuition plan to secure 1. For each child under age 17 at the you for these expenses. You can’t claim current tuition rates or a tax-advantaged end of the tax year, you may be savings plan to fund education expenses: a tax credit for expenses reimbursed able to claim a $2,000 credit. The through an FSA. Warning: The higher credit phases out for higher-income Although contributions aren’t contribution limit available for 2021 taxpayers (see Chart 2) but the deductible for federal purposes, any hasn’t as of this writing been extended income ranges are much higher growth is tax-deferred. (Some states to 2022. Check with your tax advisor than before the TCJA. Warning: do offer tax breaks for contributing.) for the latest information. The expanded credit and advanced payments available in 2021 haven’t as of this writing been extended to 2022. Check with your tax advisor Case Study 1 Why Roth IRAs make tax-sense for teens for the latest information. Liam, 16, is starting his first part-time job this year. Liam’s parents would like to get 2. For each qualifying dependent him in the habit of saving for the future, and they ask their tax advisor for the most other than a qualifying child (such tax-advantaged option. She suggests a Roth IRA, which can be perfect for teen- as a dependent child over the agers because they likely have many decades to let their accounts grow tax-free. age limit or a dependent elderly parent), you may be able to claim a Roth IRA contributions aren’t deductible, but if Liam earns no more than the stan- $500 family credit. But it’s also sub- dard deduction for singles ($12,950 for 2022) and has no unearned income, he’ll ject to the income-based phaseout. pay zero federal income tax anyway. So the tax-free treatment of future qualified distributions will be well worth the loss of any current deduction. Even if Liam’s earned income exceeds the standard deduction, he’ll probably be taxed at a very If you adopt in 2022, you may qualify low rate. So the long-term tax benefits of a Roth IRA will typically still outweigh the for the adoption credit — or for an benefit of the current deduction available with a traditional IRA. employer adoption assistance program income exclusion. Both are $14,890 for 2022, but the credit is also subject to an income-based phaseout. (See Chart 2.) Dependent care breaks A couple of tax breaks can offset the costs of dependent care: Child and dependent care tax credit. For children under age 13 or other qualifying dependents, generally a credit is available that equals 20% of the first $3,000 of qualified expenses
Family & Education 5 Distributions used to pay the follow- ing expenses are income-tax-free for 2022 child and education breaks: federal purposes and potentially also Chart 2 Are you subject to a phaseout? for state purposes, making the tax deferral a permanent savings: Tax break MAGI1 phaseout range Qualified postsecondary school Single / Head of household2 Married filing jointly expenses, such as tuition, mandatory fees, books, supplies, Child credit $ 200,000 – $ 240,000 $ 400,000 – $ 440,000 computer equipment, software, Adoption $ 223,410 – $ 263,410 $ 223,410 – $ 263,410 Internet service and, generally, credit room and board, Dependent $ 15,000 – $ 43,000 $ 15,000 – $ 43,000 Elementary and secondary school care credit3 tuition of up to $10,000 per year ESA $ 95,000 – $ 110,000 $ 190,000 – $ 220,000 per student, and contribution Up to $10,000 of student loans American per beneficiary. Opportunity $ 80,000 – $ 90,000 $ 160,000 – $ 180,000 credit The plans usually offer high con- Lifetime tribution limits, and there are no $ 80,000 – $ 90,000 $ 160,000 – $ 180,000 Learning credit income limits for contributing. Student There’s generally no beneficiary age loan interest $ 70,000 – $ 85,000 $ 145,000 – $ 175,000 limit for contributions or distributions. deduction You can control the account, even 1 Modified adjusted gross income. after the child is of legal age. 2 These ranges also apply to married taxpayers filing separately, except that separate filers aren’t eligi- ble for the American Opportunity or Lifetime Learning credit or the student loan interest deduction. You can make tax-free rollovers to 3 The phaseout is based on AGI rather than MAGI. The credit doesn’t phase out altogether, but the another qualifying family member. minimum credit percentage of 20% applies to AGIs above $43,000. A special break for 529 plans allows you to front-load five years’ worth Education credits If your employer pays some of your of annual gift tax exclusions and If you have children in college now student loan debt, you may be eligible make up to an $80,000 contribution or are currently in school yourself, to exclude up to $5,250 from income. (or $160,000 if you split the gift with you may be eligible for a credit: (Student loan interest payments for your spouse) per beneficiary in 2022. which the exclusion is allowable can’t be deducted.) This break is scheduled The biggest downside of 529 plans may American Opportunity credit. to expire after 2025. be that your investment options — This tax break covers 100% of the and when you can change them — are first $2,000 of tuition and related expenses and 25% of the next $2,000 2021’s American Rescue Plan Act allows limited. of expenses. The maximum credit, the tax-free treatment of student loan debt per student, is $2,500 per year for forgiven after Dec. 31, 2020, and before ESAs Jan. 1, 2026. (Forgiven debt otherwise is the first four years of postsecondary Coverdell Education Savings Accounts typically treated as taxable income.) education. are similar to 529 savings plans in that contributions aren’t deductible for fed- ABLE accounts Lifetime Learning credit. If you’re eral purposes, but plan assets can grow paying postsecondary education Achieving a Better Life Experience tax-deferred and distributions used expenses beyond the first four years, accounts offer a tax-advantaged way to pay qualified education expenses you may benefit from the Lifetime to fund qualified disability expenses are income-tax-free. ESAs are worth Learning credit (up to $2,000 per for a beneficiary who became blind considering if you’d like to have direct tax return). or disabled before age 26. For federal control over how your contributions are purposes, tax treatment is similar to invested or you want to pay elementary Warning: Income-based phaseouts that of 529 college savings plans. or secondary school expenses in excess of $10,000 or that aren’t tuition. apply to these credits. (See Chart 2.) If your income is too high for you to Under the TCJA, through 2025, 529 plan qualify, your child might be eligible. funds can be rolled over to an ABLE But the $2,000 contribution limit is low, account without penalty if the ABLE and it’s phased out based on income. Student loan breaks account is owned by the beneficiary of (See Chart 2.) Also, contributions can the 529 plan or a member of the benefi- generally be made only for beneficiaries If you’re paying off student loans, ciary’s family. Such rolled-over amounts under age 18. When the beneficiary you may be able to deduct up to count toward the ABLE account annual turns age 30, the ESA generally must $2,500 of interest (per tax return). rollover and contribution limit ($16,000 be distributed, and any earnings may An income-based phaseout applies. for 2022). be subject to tax and a 10% penalty. (See Chart 2.)
6 Investing Tax planning for investments involves many considerations Y ou need to understand the Being tax-smart with losses After all, if you hold on to the invest- potential tax consequences of Losses aren’t truly losses until they’re ment, it may recover the lost value. In buying, holding and selling a realized — that is, generally until you fact, a buy-and-hold strategy works particular investment. However, you sell the investment for less than what well for many long-term investors shouldn’t let tax considerations propel you paid for it. So while it’s distressing because it can minimize the effects your investment decisions. So, as you to see an account statement that shows of market volatility. But in certain buy and sell investments, be sure you a large loss, the loss won’t affect your situations it can make sense to accu- also consider your investment goals, current tax situation as long as you still mulate tax losses that you can carry time horizon, risk tolerance, factors own the investment. forward to offset future gains. (See related to the investment itself, fees and Case Study 2.) charges that apply to buying and selling Realized capital losses are netted against securities, and your need for cash. Mutual funds realized capital gains to determine capital gains tax liability. If net losses Mutual funds with high turnover Capital gains tax and timing exceed net gains, you can deduct only rates can create income that’s taxed Although time, not timing, is generally $3,000 ($1,500 for married taxpayers at ordinary-income rates. Choosing the key to long-term investment suc- filing separately) of losses per year funds that provide primarily long-term cess, timing can have a dramatic impact against ordinary income (such as wages, gains can save you tax dollars because on the tax consequences of investment self-employment and business income, of the lower long-term rates. activities. Your marginal long-term interest, dividends, and taxable retire- capital gains rate can be as much as ment plan distributions). But you can Also pay attention to earnings reinvest- 20 percentage points lower than your carry forward excess losses until death. ments. Unless you or your investment ordinary-income tax rate. advisor record increases in your tax basis If you don’t have enough gains to accordingly, you may report more gain The long-term gains rate applies to absorb losses, you could be left with than required when you sell the fund. investments held for more than 12 losses in excess of the annual ordinary- Brokerage firms are required to track months. The rate varies depending on income deduction limit. So think twice (and report to the IRS) your cost basis in your income and the type of assets. (See before selling an investment at a loss. mutual funds acquired in recent years. Chart 3.) Under the TCJA, current rates are scheduled to be in effect through 2025. Lawmakers could, however, make changes to the rates sooner. Chart 3 What’s the maximum 2022 capital gains tax rate? Holding on to an investment until Type of gain Rate1 you’ve owned it more than one year Taxpayer’s ordinary- may help substantially cut tax on any Short-term (assets held 12 months or less) income tax rate gain. But be sure to look at your spe- cific situation, and keep an eye out for Long-term (assets held more than 12 months) 15% possible tax law changes. Some key exceptions Long-term gain of certain higher-income taxpayers 20%2 Most long-term gain that would be taxed at 10% or 0% 12% based on the taxpayer’s ordinary-income rate Long-term gain on collectibles, such as artwork 28% and antiques Long-term gain attributable to certain recapture of 25% prior depreciation on real property 1 In addition, the 3.8% net investment income tax (NIIT) applies to net investment income to the extent that modified adjusted gross income (MAGI) exceeds $200,000 (singles and heads of households), $250,000 (married filing jointly) or $125,000 (married filing separately). 2 The 20% rate applies only to those with taxable income exceeding $459,750 (singles), $488,500 (heads of households), $517,200 (joint filers) or $258,600 (separate filers).
Investing 7 Finally, beware of buying equity mutual fund shares late in the year. These funds Case Sometimes building up tax losses often make capital gains distributions Study 2 for the future can be beneficial toward year end. If you purchase shares before such a distribution, you’ll end up Oscar has a large investment in his portfolio that seems to be on a downward spiral, with capital gains reportable on your tax with no sign of potential recovery. But he’s reluctant to sell because his net capital return for the year of the distribution. It losses for the year exceed the $3,000 he’ll be able to deduct on his 2022 tax return. doesn’t matter whether the actual value of the shares has increased or even Oscar talks to his tax advisor, who reminds him that tax considerations shouldn’t be the primary driver of investment decisions. If Oscar is ready to divest himself of decreased since you purchased them, or a poorly performing stock because he doesn’t think its performance will improve whether you reinvest the proceeds back or because his investment objective or risk tolerance has changed, he shouldn’t into the same fund. hesitate solely for tax reasons. Why? The distribution itself is a taxable Plus, building up losses for future use could be beneficial. This may be especially event. If capital gains distributions true for Oscar because he owns a closely held business that might generate substantial future gains. Building up losses could also be beneficial for taxpayers from the mutual fund are reinvested in with large investment portfolios or real estate holdings — or if tax rates increase. the fund, the distribution itself doesn’t change your value in the fund. It simply increases the number of shares you own, yet now at a lower per-share value. Income investments Some types of investments produce income in the form of dividends or interest. Here are some tax conse- quences to consider: Dividend-producing investments. Qualified dividends are taxed at the favorable long-term capital gains tax rate rather than at your higher ordinary- income tax rate. Interest-producing investments. Bonds. These also produce interest 3.8% NIIT Interest income generally is taxed at income, but the tax treatment varies: Taxpayers with modified adjusted ordinary-income rates. So stocks that pay qualified dividends may be more gross income (MAGI) over $200,000 attractive taxwise than other income Interest on U.S. government bonds ($250,000 if married filing jointly investments, such as CDs and taxable is taxable on federal returns but and $125,000 if married filing sepa- bonds. But also consider nontax issues, exempt by federal law on state and rately) may owe the net investment such as investment risk, rate of return local returns. income tax. The NIIT equals 3.8% and diversification. Interest on state and local govern- of the lesser of your net investment ment bonds is excludable on federal income or the amount by which returns. If the bonds were issued in your MAGI exceeds the applicable your home state, interest also may threshold. Net investment income be excludable on your state return. can include capital gains, dividends, interest, passive business income, Tax-exempt interest from certain rental income and other investment- private-activity municipal bonds can related income (but not business or trigger or increase the alternative self-rental income from an active minimum tax (AMT), but the AMT trade or business). now occurs much more rarely. Corporate bond interest is taxable Many of the strategies that can for federal and state purposes. help you save or defer income tax on your investments can also help Bonds (except U.S. savings bonds) you avoid or defer NIIT liability. with original issue discount build And because the threshold for the up “interest” as they rise toward NIIT is based on MAGI, strategies maturity. You’re generally considered that reduce your MAGI could also to earn a portion of that interest help you avoid or reduce NIIT annually — even though the bonds liability. don’t pay this interest annually — and you must pay tax on it.
8 Business Don’t let taxes unnecessarily drag down your bottom line I n 2022 some businesses are thriving Depending on your situation, a struc- Additional limits begin to apply if while others are still struggling to ture change may sound like a good idea. 2022 taxable income exceeds the recover from the pandemic and But keep in mind that increases to both applicable threshold — $170,050 resulting economic challenges. What- the corporate rate and the top individual or, if married filing jointly, $340,100. ever your business’s situation, take full rate have been proposed. Even if there The limits fully apply when 2022 advantage of available tax breaks to are no tax increases, a change could taxable income exceeds $220,050 prevent taxes from dragging down your have unwelcome tax consequences. and $440,100, respectively. bottom line more than they should. And Consult your tax advisor if you’d like changes under the TCJA still demand to explore whether a structure change One such limit is that the 199A attention, too. could benefit you. deduction generally can’t exceed the greater of the owner’s share of: Business structure 199A deduction for Income taxation and owner liability are pass-through businesses 50% of the amount of W-2 wages the main factors that differentiate busi- Through 2025, the TCJA provides paid to employees by the qualified ness structures. Many owners choose the Section 199A deduction for business during the tax year, or entities that combine pass-through sole proprietorships and owners of The sum of 25% of W-2 wages plus taxation with limited liability, namely pass-through entities. The deduction 2.5% of the cost of qualified property. limited liability companies (LLCs) and generally equals 20% of qualified busi- S corporations. ness income (QBI), not to exceed 20% Another is that the 199A deduction of taxable income. QBI is generally generally isn’t available for income The TCJA significantly changed the tax defined as the net amount of qualified from “specified service businesses.” consequences of business structure. The items of income, gain, deduction and Examples include businesses that now-flat corporate rate (21%) is substan- loss that are connected with the con- provide investment-type services and tially lower than the top individual rate duct of a U.S. business. most professional practices (other than (37%), providing sizable tax benefits to engineering and architecture). C corporations and mitigating the impact of double taxation on owners. (The new Projecting income 15% corporate alternative minimum tax imposed by the Inflation Reduction Act Projecting your business’s income [IRA] effective for tax years beginning for this year and next can allow you after Dec. 31, 2022, applies only to the to time income and deductions to very largest C corporations.) But, the your advantage. It’s generally — but TCJA also introduced a powerful deduc- not always — better to defer tax, so tion for some owners of pass-through consider: entities. (See “199A deduction for pass- through businesses” at right.) Deferring income to next year. If your business uses the cash method of accounting, you can defer billing for 2022 income tax differences products or services at year end. If you Chart 4 use the accrual method, you can delay based on business structure shipping products or delivering services. Flow-through entity or sole proprietorship C corporation Accelerating deductible expenses into the current year. If you’re a Two levels of taxation: The business is One level of taxation: The business’s cash-basis taxpayer, you may pay taxed on income, and then shareholders income flows through to the owner(s). business expenses by Dec. 31, so you are taxed on any dividends they receive. can deduct them this year rather than Losses flow through to the owner(s). Losses remain at the corporate level. next. Both cash- and accrual-basis The top individual tax rate is 37%, but, taxpayers can charge expenses on a The flat corporate tax rate is 21%, and for eligible taxpayers, up to 20% of credit card and deduct them in the year the top rate on qualified dividends is 20%. qualified business income is deductible. charged, regardless of when the credit card bill is paid.
Business 9 Warning: Don’t let tax considerations Congress intended QIP placed in Vehicle-related depreciation get in the way of sound business deci- service after 2017 to have a 15-year Vehicle purchases may be eligible for sions. For example, the negative impact MACRS recovery period and, in turn, Sec. 179 expensing, and buying a on your cash flow or customers may not qualify for 100% bonus depreciation. large truck or SUV can maximize be worth the tax benefit. (See Case Study 3.) But, the statutory the deduction. The normal Sec. 179 language didn’t define QIP as 15-year expensing limit (at left below) generally Taking the opposite approach. If property, so QIP defaulted to a 39-year applies to vehicles with a gross vehicle your business is a pass-through entity recovery period, making it ineligible for weight rating of more than 14,000 and it’s likely you’ll be in a higher tax bonus depreciation. pounds. A $27,000 limit applies to bracket next year, accelerating income vehicles (typically SUVs) rated at more and deferring deductible expenses may Fortunately, in 2020 the CARES Act than 6,000 pounds, but no more than save you tax over the two-year period. included a technical correction to fix the 14,000 pounds. QIP drafting error. Businesses that made Depreciation qualified improvements from 2018 Even if you prefer to buy a smaller through 2021 can claim an immediate vehicle, you can still potentially enjoy a For assets with a useful life of more than tax refund for any bonus depreciation valuable first-year deduction. Vehicles one year, you generally must depreciate they missed. Businesses investing in rated at 6,000 pounds or less are subject the cost over a period of years. In most QIP in 2022 and beyond also can claim to the passenger vehicle limits; contact cases, the Modified Accelerated Cost bonus depreciation going forward, your tax advisor for details. Recovery System (MACRS) will be pref- according to the phaseout schedule. erable to other methods because you’ll get larger deductions in the early years of an asset’s life. Case Taking advantage of 100% bonus But if you make more than 40% of the Study 3 depreciation while it’s still available year’s asset purchases in the last quarter, Sara is working on a five-year plan you could be subject to the typically less for her business. One area she’s favorable midquarter convention. Careful focusing on is when she should planning can help you maximize depreci- purchase equipment and make ation deductions in the year of purchase. other asset investments. Her tax advisor recommends that she Other depreciation-related breaks and factor bonus depreciation into her strategies may be available: decision making. This additional first-year deprecia- Section 179 expensing election. This tion is available for qualified assets, allows you to currently deduct the cost which include new tangible property of purchasing eligible new or used with a recovery period of 20 years assets. Examples include equipment, or less (such as office furniture and furniture, off-the-shelf computer soft- equipment), off-the-shelf computer ware, qualified improvement property software, and water utility property. and certain personal property used Under the TCJA, through Dec. 31, predominantly to furnish lodging. The 2026, the definition has been following improvements to nonresiden- expanded to include used property and qualified film, television and live tial real property are also eligible: roofs, theatrical productions. HVAC equipment, fire protection and alarm systems, and security systems. For qualified assets placed in service through Dec. 31, 2022, bonus depreciation is 100%. But, bonus depreciation is scheduled to be gradually reduced and even- For qualifying property placed in tually eliminated: service in 2022, the expensing limit is 80% for 2023 $1.08 million. The break begins to phase 60% for 2024 out dollar for dollar when asset acquisi- tions for the year exceed $2.7 million. 40% for 2025 20% for 2026 Bonus depreciation. This additional 0% for 2027 and future years first-year depreciation is available for qualified assets. (See Case Study 3 to (For certain property with longer production periods, these reductions are delayed learn more.) by one year.) Sara’s tax advisor suggests that, to the extent that it otherwise makes strategic and QIP deduction financial sense for her business, she should consider accelerating her equipment and asset investments into 2022, while 100% bonus depreciation is available. The TCJA classified qualified retail-improvement, restaurant and Warning: Under the TCJA, in some cases a business may not be eligible for bonus leasehold-improvement property as depreciation. Contact your tax advisor for details. qualified improvement property (QIP).
10 Business If you use a vehicle for business and benefits to employees, see page 12.) HSAs, FSAs and HRAs. If you personal purposes, the associated Certain small employers may also be provide employees with a qualified expenses, including depreciation, eligible for a tax credit when setting high-deductible health plan (HDHP), must be allocated between deduct- up a retirement plan. you can also offer them Health ible business use and nondeductible Savings Accounts. (See page 3.) personal use. Warning: If business use Fringe benefits. Certain fringe benefits Regardless of the type of health is 50% or less, you won’t be able to use aren’t included in employee income, insurance you provide, you can offer Sec. 179 expensing or the accelerated yet the employer can still deduct the Flexible Spending Accounts for regular MACRS; you’ll have to use the portion, if any, that it pays and typically health care. (See page 3.) You can straight-line depreciation method. also avoid payroll taxes. Examples are also offer FSAs for child and depend- employee discounts, group term-life ent care. (See page 4.) Employee benefits insurance (up to $50,000 per person) Offering a variety of benefits not only and health insurance. A Health Reimbursement Account can help you attract and retain the reimburses an employee for medical best employees, but also may save tax Warning: You might be penalized expenses up to a maximum dollar because you generally can deduct your for not offering health insurance. The amount. Unlike an HSA, no HDHP contributions: Affordable Care Act can in some cases is required. Unlike an FSA (other impose a penalty on “large” employers than when an exception applies), if they don’t offer full-time employees any unused portion can be carried Qualified deferred compensation “minimum essential coverage” or if the forward to the next year. But only the plans. These include pension, profit- coverage offered is “unaffordable” or employer can contribute to an HRA. sharing, SEP and 401(k) plans, as well as SIMPLEs. (For information on the doesn’t provide “minimum value.” Interest expense deduction Generally, under the TCJA, interest paid or accrued by a business is Case Meals, entertainment and deductible only up to 30% of Study 4 transportation: What’s deductible? adjusted taxable income (ATI). Tax- payers with average annual gross Chris used to regularly claim receipts of $25 million or less for the business deductions for meal, three previous tax years generally entertainment, vehicle and travel expenses, as well as are exempt from the limitation. Some employee reimbursements of other taxpayers are also exempt — such expenses. Chris knew check with your tax advisor for more that the TCJA changed some information. of the rules related to these expenses and that there The CARES Act generally increased also were some more recent the interest expense deduction limit changes to the rules regarding to 50% of ATI for the 2019 and 2020 meals, but wasn’t 100% clear tax years, but the TCJA’s 30% deduc- on the current rules. So the tion limit returned beginning in 2021, business owner consulted a tax with tighter rules for 2022. advisor, who explained what’s deductible and what’s not: Loss deductions Meals. Under the TCJA, business-related meal expenses, A loss occurs when a business’s including those incurred while expenses and other deductions for traveling on business, remain the year exceed its revenue: 50% deductible. But, the TCJA expanded the 50% disallowance rule to meals provided via an on-premises cafeteria Net operating losses (NOLs). The or otherwise on the employer’s premises for the convenience of the employer. (Such TCJA generally reduces the amount meals used to be 100% deductible.) However, some temporary relief generally of taxable income that can be offset increases the deduction to 100% for food and beverages provided by a restaurant in with NOL deductions from 100% 2021 or 2022. to 80%. It also generally prohibits Entertainment. Under the TCJA, these expenses are no longer deductible. NOLs from being carried back to an earlier tax year — but allows them Transportation. Employer deductions for providing commuting transportation (such to be carried forward indefinitely (as as hiring a car service) aren’t allowed under the TCJA, unless the transportation is opposed to the previous 20-year limit). necessary for the employee’s safety. The TCJA also eliminated employer deductions for qualified employee transportation fringe benefits (for example, parking allowances, There was a temporary respite from mass transit passes and van pooling). But, those benefits are still tax-free to recipient the TCJA rules for NOLs arising in employees. Transportation expenses for business travel are still 100% deductible, 2018 through 2020 tax years, but the provided they meet the applicable rules. rules generally returned for NOLs arising in 2021 or later.
Business 11 Pass-through entity “excess” business losses. Through 2025, the TCJA applies Case a limit to deductions for current-year Study 5 Tax planning for a sale or acquisition business losses incurred by noncorporate taxpayers: Such losses generally can’t Steve is getting ready to sell his business, offset more than $250,000 ($500,000 but before he puts it on the market, he for married couples filing jointly) of wants to understand the potential tax income from other sources, such as consequences. His tax advisor provided salary, self-employment income, interest, a few key tax considerations: dividends and capital gains. (The limit is Asset vs. stock sale. With a corpora- adjusted annually for inflation.) Excess tion, sellers typically prefer a stock sale losses are carried forward to later tax for the capital gains treatment and to years and can then be deducted under avoid double taxation. Buyers generally the NOL rules. want an asset sale to maximize future depreciation write-offs. Although the CARES Act temporarily Taxable sale vs. tax-deferred transfer. lifted the limit, allowing taxpayers to A transfer of ownership of a corporation deduct 100% of business losses arising can be tax-deferred if made solely in in 2018, 2019 and 2020, it returned exchange for stock or securities of the recipient corporation in a qualifying reorga- beginning in 2021. In addition, the IRA nization. But the transaction must comply with strict rules. Although it’s generally extended the limit through 2028. better to postpone tax, there are some advantages to a taxable sale: The seller doesn’t have to worry about the quality of buyer stock or other Tax credits business risks that might come with a tax-deferred transfer. Tax credits reduce tax liability dollar The buyer benefits by receiving a stepped-up basis in its acquisition’s assets. for dollar, making them particularly beneficial. A couple of COVID-19-relief The parties don’t have to meet the technical requirements of a tax-deferred tax credits for businesses and other transfer. employers have expired, namely the Installment sale. A taxable sale might be structured as an installment sale if the employee retention credit and the paid buyer lacks sufficient cash or pays a contingent amount based on the business’s leave credit. But there are still many performance. An installment sale also may make sense if the seller wishes to other valuable tax credits available, spread the gain over a number of years — which could be especially beneficial if such as these: it would allow the seller to stay under the thresholds for triggering the 3.8% NIIT (see page 7) or the 20% long-term capital gains rate (see page 6). Research credit. This credit gives But an installment sale can backfire on the seller. For example, depreciation recap- businesses an incentive to increase ture must be reported as gain in the year of sale, no matter how much cash the their investments in research. Certain seller receives. And, if tax rates increase, the overall tax could wind up being more. start-ups (in general, those with less Of course, tax consequences are only one of many important considerations when than $5 million in gross receipts) can, planning a merger or acquisition. alternatively, use the credit against their payroll tax. While the credit is complicated to compute, the tax Family and medical leave credit. The portion is deductible “above the line,” savings can prove significant. TCJA created a tax credit for qualify- which means you don’t have to itemize ing employers that begin providing to claim the deduction. paid family and medical leave to their Work Opportunity credit. This employees. The credit is equal to a In addition, you can deduct 100% of credit is designed to encourage hiring minimum of 12.5% of the employee’s health insurance costs for yourself, and from various disadvantaged groups, wages paid during that leave (up to for a spouse and children, too. This such as certain veterans, ex-felons, 12 weeks per year) and can be as much above-the-line deduction is limited to the long-term unemployed and food as 25% of wages paid. This credit is net self-employment income. You also stamp recipients. The maximum scheduled to expire Dec. 31, 2025. can take an above-the-line deduction credit is generally $2,400 per hire but can be higher in some cases — for contributions to a retirement plan up to $9,600 for certain veterans, for Additional rules and limits apply to (see page 12) and, if eligible, an HSA example. This credit is scheduled to these credits. Other credits may also (see page 3) for yourself. expire Dec. 31, 2025. be available to you. Check with your tax advisor for more information. If your home office is your principal New Markets credit. This gives place of business (or used substantially investors who make “qualified equity The self-employed and regularly to conduct business) investments” in certain low-income If you’re self-employed, you have to and that’s the only use of the space, communities a 39% credit over a pay both the employee and employer you probably can deduct home office seven-year period. This credit is portions of employment taxes on expenses from your self-employment scheduled to expire Dec. 31, 2025. self-employment income. The employer income.
12 Retirement Be tax-smart to turn your retirement dreams into reality W hen it comes to retirement employer offers a match, contribute at tradeoff is that your contributions planning, tax consider- least the amount necessary to get the don’t reduce your current-year ations are key. For example, maximum match so you don’t miss out taxable income: starting contributions early can make a on that “free” money. big difference because of tax-deferred Roth IRAs. An income-based compounding. Determining whether More tax-deferred options phaseout may reduce or eliminate traditional, Roth or a mix of accounts is your ability to contribute. But estate In certain situations, other tax-deferred best for your situation is also important. planning advantages are an added saving options may be available: Finally, avoiding early withdrawals and benefit: Unlike other retirement plans, being tax-smart with required minimum Roth IRAs don’t require you to take You’re a business owner or self- distributions are critical to being able to distributions during your lifetime, so employed. You may be able to set live your desired retirement lifestyle. you can let the entire balance grow up a plan that allows you to make tax-free for the benefit of your heirs. much larger contributions than you 401(k)s and other could make to an employer-sponsored employer plans plan as an employee. You might not Roth conversions. If you have a tradi- Contributing to a traditional employer- have to make 2022 contributions, or tional IRA, a partial or full conversion sponsored defined contribution plan is even set up the plan, before year end. to a Roth IRA can allow you to turn usually a good first step: tax-deferred future growth into tax-free growth and take advantage of a Roth Your employer doesn’t offer a retire- IRA’s estate planning benefits. The Contributions are typically pretax, ment plan. Consider a traditional IRA. converted amount is taxable in the reducing your taxable income. You can likely deduct your contribu- year of the conversion. Discuss with tions, though your deduction may Plan assets can grow tax-deferred — your tax advisor whether a conversion be limited if your spouse participates meaning you pay no income tax until makes sense for you. in an employer-sponsored plan. You you take distributions. can make 2022 contributions until “Back door” Roth IRA contribu- Your employer may match some or the 2022 income-tax-return-filing deadline for individuals, not including tions. If your income is too high to all of your contributions. extensions. (See Chart 5 for the annual make Roth IRA contributions and contribution limits.) you don’t have funds in a tradi- Chart 5 shows the 2022 employee tional IRA, consider setting up a contribution limits. Because of tax- traditional account and making a deferred compounding, increasing Roth alternatives nondeductible contribution to it. your contributions sooner rather than A potential downside of tax-deferred You can then immediately convert later can have a significant impact on saving is that you’ll have to pay the contributed amount to a Roth the size of your nest egg at retirement. taxes when you make withdrawals account with minimal or no tax impact. Employees age 50 or older can also at retirement. Roth plans, however, But be aware that eliminating this make “catch-up” contributions. If your allow tax-free distributions; the option for higher-income taxpayers has been proposed. Roth 401(k), Roth 403(b) and Roth Chart 5 Retirement plan contribution limits for 2022 457 plans. Employers may offer one of these in addition to the traditional, Regular contribution Catch-up contribution1 tax-deferred version. No income-based phaseout applies, so even higher-income Traditional and Roth IRAs $ 6,000 $ 1,000 taxpayers can contribute. 401(k)s, 403(b)s, $ 20,500 $ 6,500 457s and SARSEPs2 Early withdrawals SIMPLEs $ 14,000 $ 3,000 Early withdrawals from retirement 1 For taxpayers age 50 or older by the end of the tax year. plans should be a last resort. With a 2 Includes Roth versions where applicable. few exceptions, distributions before Note: Other factors may further limit your maximum contribution. age 59½ are subject to a 10% penalty on top of any income tax that ordinarily
Retirement 13 would be due on a withdrawal. Early distribution rules also become Additionally, you’ll lose the potential important if you change jobs or retire. tax-deferred future growth on the (See Case Study 6.) withdrawn amount. Warning: If you took an eligible If you must make an early withdrawal COVID-19 distribution in 2020 under and you have a Roth account, consider the CARES Act and haven’t yet recon- withdrawing from that. You can with- tributed the amount or paid all the tax draw up to your contribution amount on it, discuss your options with your without incurring taxes or penalties. tax advisor. Another option: If your employer- RMDs sponsored plan allows it, take a plan Historically, after reaching age 70½, loan. You’ll have to pay it back with taxpayers have had to begin taking interest and make regular principal annual required minimum distributions payments, but you won’t be subject to from their IRAs (except Roth IRAs) and, current taxes or penalties. (You can’t to 72 for taxpayers who didn’t turn generally, from any defined contribution borrow from an IRA.) age 70½ before Jan. 1, 2020 (that is, plans. However, the age has increased who were born after June 30, 1949). If you don’t comply with RMD rules, Case you can owe a penalty equal to 50% Study 6 Avoiding retirement plan pitfalls when leaving a job of the amount you should have with- drawn but didn’t. You can avoid the RMD rule for a non-IRA Roth plan by rolling the funds into a Roth IRA. Waiting as long as possible to take distributions generally is advantageous because of tax-deferred compounding. But a distribution (or larger distribution) in a year your tax bracket is low may save tax. Be sure, however, to consider the lost future tax-deferred growth and, if applicable, whether the distribution could: 1) cause Social Security pay- ments to become taxable, 2) increase income-based Medicare premiums and prescription drug charges, or 3) affect tax breaks with income-based limits. If you’ve inherited a retirement plan, consult your tax advisor about the distribution rules that apply to you. Warning: The time period for distri- butions has been reduced to 10 years Justin and Matthew both change jobs in 2022 and decide to roll over funds from for beneficiaries — other than surviving their traditional 401(k) plans with their former employers to traditional IRAs so that spouses and certain others — inheriting they’ll have more investment choices. Each has a balance of $100,000. Justin plans after Dec. 31, 2019. requests a direct rollover from his old plan to his IRA. Because he never personally receives the funds, he owes no income tax or penalties. IRA donations to charity Matthew, however, doesn’t request a direct rollover. Instead, he receives a lump-sum Taxpayers age 70½ or older are allowed check. Much to his surprise, the check is for only $80,000, because his employer to make direct contributions from their withheld 20% for federal income taxes. IRA to qualified charitable organizations After consulting a tax advisor, Matthew learns that he needs to make an indirect up to $100,000 per tax year. A charita- rollover to his IRA within 60 days to avoid tax and potential penalties. (He may be ble deduction can’t be claimed for the able to receive a refund of the $20,000 withheld when he files his 2022 tax return, contributions. But the amounts aren’t depending on his overall tax liability for the year.) included in taxable income and can be Matthew also learns that if he doesn’t roll over the gross amount of $100,000 — used to satisfy an IRA owner’s RMD. A which will require him to make up for the withheld amount with other funds — he’ll direct contribution might be especially be subject to income tax on the $20,000 difference. And, because he’s under age tax-smart if you won’t benefit from 59½, he’ll also owe the 10% early withdrawal penalty. the charitable deduction. (See “What’s new!” on page 3.)
14 Estate Planning Locking in tax savings while you can B ecause the TCJA has put estate, gift and generation-skipping transfer (GST) tax exemptions at Chart 6 2022 transfer tax exemptions and rates record-high levels, far fewer taxpayers are worrying about these taxes. But the Estate tax Gift tax GST tax high exemptions are only temporary. So whether or not you’d be subject to estate Exemption $12.06 million1 $12.06 million $12.06 million taxes under the current exemptions, it’s Rate 40% 40% 40% a good idea to consider whether you 1 Less any gift tax exemption already used during life. can seize opportunities to potentially lock in tax savings today. Warning: Each year you need to use The GST tax exemption can be a Estate tax your annual exclusion by Dec. 31. The valuable tax-saving tool for taxpayers While the TCJA keeps the estate tax exclusion doesn’t carry over from year with large estates whose children also rate at 40%, it has doubled the exemp- to year. For example, if you don’t make have — or may eventually have — tion base amount from $5 million to an annual exclusion gift to your grand- large estates. With proper planning, $10 million. The inflation-adjusted son this year, you can’t add $16,000 to they can use the exemption to make amount for 2022 is $12.06 million. (See your 2023 exclusion to make a $32,000 transfers to grandchildren and avoid Chart 6.) tax-free gift to him next year. any tax at their children’s generation. Without further legislation, the estate GST tax State taxes tax exemption will return to an The GST tax generally applies to trans- Even before the TCJA, some states inflation-adjusted $5 million in 2026. fers (both during your lifetime and at imposed estate tax at a lower thresh- So taxpayers with estates in the death) made to people more than one old than the federal government did. roughly $6 million to $12 million range generation below you, such as your Now the differences in some states (twice that for married couples), whose grandchildren. This is in addition to are even more dramatic. To avoid estates would escape estate taxes if any gift or estate tax due. The GST tax unexpected tax liability or other unin- they were to die while the doubled exemption also has increased under tended consequences, consult a tax exemption is in effect, still need to the TCJA. (See Chart 6.) advisor familiar with the law of your keep potential post-2025 estate tax particular state. liability in mind. Plus, it’s possible the exemption could be reduced sooner. Exemption portability If part (or all) of one spouse’s estate tax Gift tax exemption is unused at that spouse’s The gift tax continues to follow the estate death, the estate can elect to permit the tax, so the gift tax exemption also has surviving spouse to use the deceased increased under the TCJA. (See Chart 6.) spouse’s remaining exemption. This Any gift tax exemption used during your exemption “portability” provides flex- lifetime reduces the estate tax exemp- ibility at the first spouse’s death, but it tion available at death. Using up some has some limits. Portability is available of your exemption during your lifetime only from the most recently deceased can be tax-smart, especially if your estate spouse, doesn’t apply to the GST tax might exceed roughly $6 million (twice exemption and isn’t recognized by that if you’re married). many states. Under the annual exclusion, you also And portability doesn’t protect future can exclude certain gifts of up to $16,000 growth on assets from estate tax like per recipient in 2022 ($32,000 if your applying the exemption to a credit spouse elects to split the gift with you shelter (or bypass) trust does. Such a or you’re giving joint or community trust also offers creditor and remarriage property) without depleting any of your protection, GST tax planning, and pos- gift and estate tax exemption. sible state estate tax benefits.
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