2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you

Page created by Nicholas Nguyen
 
CONTINUE READING
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
2022-2023 TAX PLANNING GUIDE
Year-round strategies to make the tax laws work for you
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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.)
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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. 
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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.)
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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).
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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.
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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.
2022-2023 TAX PLANNING GUIDE - Year-round strategies to make the tax laws work for you
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.
You can also read