The most important
point to remember is that last year's 11th-hour
tax changes, though favorable for most, are
temporary. After 2012, many provisions are set to
snap back to what they were before 2001, and a few
even expire this year.
That raises the
dreary possibility that in less than two years we
will be in a replay of last year's tax debates,
but in the middle of a presidential campaign. Once
again tax rates on both pay and investment income
will be set to spike, especially for those at the
bottom, and the estate tax will revert to a $1
million-per-individual exemption and a 55% top
rate.
Tax strategists
like Robert Gordon of Twenty-First Securities in
New York see this year as a lucky reprieve for
those who didn't get around to planning for higher
taxes earlier, especially on investments with
long-term gains and stock options. "It's not
a question of whether investment tax rates are
going up, but when," he says. He already is
meeting with clients who escaped a 2011 increase
but are determined to get ready for 2013.
Meanwhile, here
are important changes for this year:
• Income taxes.
This year's rates carry over from last year, but
the brackets are a bit higher than last year's due
to inflation adjustments (see table). Expires: end
of 2012.
• 'Stealth'
income taxes. Affluent taxpayers won't have
deductions clipped by the so-called Pease and PEP
limitations. The Pease limit cut 3% of itemized
deductions and PEP eroded the personal exemption,
which is $3,700 for 2011. Expires: end of 2012.
• Investment
taxes. Rates continue at historic lows for both
long-term capital gains and dividends. For
taxpayers in the 15% income tax bracket and below,
the rate is zero. For those in the 25% bracket and
above, the rate is 15% (see table). Expires: end
of 2012.
• Estate and
gift taxes. The system has been overhauled, with a
top rate of 35% and one exemption of $5 million
per individual for estate, gift and
generation-skipping taxes alike. For those who can
stand to part with assets, it's now possible to
shift large amounts of wealth. Expires: end of
2012.
The annual
exclusion for tax-free gifts remains $13,000 per
donor. A giver may make an unlimited number of
$13,000 gifts, as long as they are to different
individuals. Gifts of tuition and payments for
medical care also are exempt.
• Payroll taxes.
Last year's big surprise was a temporary
two-percentage-point cut in the employee's share
of Social Security taxes, saving a maximum of
$2,136 per worker. There is no phase-out, and each
partner of a married couple can get the rebate.
Expires: end of 2011.
For most workers,
this cut will come as an automatic adjustment to
withholding. For the self-employed (whose tax rate
falls to 10.4% from 12.4%), it will be built into
a quarterly withholding worksheet the IRS hopes to
release soon, says IRS spokesman Eric Smith.
• Alternative
Minimum Tax (AMT). The "patch" enacted
by Congress sets the AMT exemption at $47,450 for
single filers and $74,450 for married couples,
slightly higher than for 2010. Expires: end of
2011.
• Roth IRA
conversion. The income limit for conversions has
been permanently removed, so this year all
taxpayers may still convert ordinary IRAs into
Roth IRAs. But taxpayers who convert to Roth IRAs
in 2011 no longer have the option of deferring
conversion income into later years, as was true
for 2010 conversions. Those who converted in 2010
do have until next Oct. 17 to decide whether to
use this deferral.
•
Foreign-account reporting. A little-noticed
provision enacted last year imposes a new IRS
reporting requirement on those with foreign
financial assets above $50,000 in 2011. This form
is different from the foreign asset report known
as the FBAR. It will also apply to some, such as
hedge-fund investors, who have been exempt from
the FBAR filing, according to Michelle
Koroghlanian of the American Institute of CPAs.
Details remain unclear, as the IRS hasn't yet
issued regulations.
• Medical
expenses. Workers with Flexible Spending Accounts
(FSAs) may no longer use pretax funds to pay for
many over-the-counter medicines—aside from
insulin—without a prescription. But FSA funds
may still be used for other, nonprescription
medical items such as crutches, contact-lens
solution or a wig after chemotherapy, if the
individual plan allows it, notes Melissa Labant of
the AICPA. For a list of what is allowed by law,
see IRS Publication 502.
• Cost-basis
reporting by brokers. As of 2011, brokers must
track clients' purchases of stock, real-estate
investment trusts and foreign securities, and then
report the original cost to the IRS when the asset
is sold. This is an effort to improve tax
compliance by investors. The rules for investments
in mutual funds, bonds, options and many
exchange-traded funds don't kick in until after
2011. (See Tax Report, Oct. 23, 2010.)
• Energy tax
credits for homeowners. As part of the December
changes, lawmakers extended the "25(C)"
credit for energy-efficient improvements, but in a
way that will be useful to few. The amount of the
credit has shrunk to a maximum of $500 per
taxpayer per lifetime, so those who took last
year's $1,500 credit under this provision don't
qualify. The current version expires at the end of
2011, and builders and remodelers may push either
to expand it or drop it altogether.
• Other changes. Also renewed
at the last minute were the $250 deduction for
teacher classroom expenses; a deduction for state
sales taxes in lieu of the state income tax
deduction; and the tax-free donation of IRA
proceeds to charity (Tax Report, 12/18/09). They
expire at the end of 2011. The American
Opportunity Tax Credit of up to $2,500 for
education expenses was renewed for 2011 and 2012.