Twenty-five years ago, Congress overhauled the Tax Code in the Tax Reform Act of 1986. At that time, the 1986 Tax Reform Act was praised for simplifying a Tax Code that had grown too complex. Since 1986, complexity has returned to the Tax Code, largely because Congress has enacted a host of temporary tax incentives with a variety of expiration dates.
Few tax laws have complicated tax planning as much as the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). EGTRRA was enacted as a temporary tax law although many predicted that a future Congress would make EGTRRA permanent. And while some of EGTRRA's retirement savings provisions were made permanent in 2004, other provisions have only been extended one or two years at a time. Many of the extended tax provisions are scheduled to expire at the end of 2011 or the end of 2012, leaving year-end 2011 tax planning a challenge for many individuals and businesses.
Individuals
Income/deduction shifting. Income and deduction shifting is a traditional year-end tax strategy that is worth a look at year-end 2011. However, one key complication is uncertainty over the individual income tax rates after 2012. We know that the individual income tax rates will be 10, 15, 25, 28, 33, and 35 percent for 2012. Under current law, the 10 percent rate is scheduled to expire after December 31, 2012 and the remaining rates are scheduled to revert to 15, 28, 31, 36, and 39.6 percent after December 31, 2012. As a result, some taxpayers may want to abandon the traditional strategy of shifting income into a future year and recognize income in 2011or 2012 when the lower rates are available.
Capital gains/dividends. Reduced tax rates on qualified dividends and capital gains are scheduled to expire after December 31, 2012. Taxpayers need to carefully review when to recognize income from qualified capital gains and dividends to maximize their tax savings in 2011 or 2012.
AMT. For many individuals, year-end tax planning requires "running the numbers" for regular federal tax liability and alternative minimum tax (AMT) liability, and this year is no exception. Taxpayers may want to explore if certain deductions should be more evenly divided between 2011 and 2012 and which deductions may qualify, or will not be as valuable, for AMT purposes.
Gift tax exclusion. Many individuals overlook gift-making as a year-end tax strategy. Under current law, the annual gift tax exclusion per recipient on which no gift tax is due is $13,000 for 2011 and 2012. Married couples may make combined tax-free gifts of $26,000 to each recipient. Use of a “lifetime” estate and gift tax exclusion should also be considered for larger gifts.
Bíg ticket purchases. Taxpayers planning a big ticket purchase in 2012 may want to accelerate that purchase into 2011 to take advantage of the deduction for state and local general sales taxes. The deduction for state and local general sales taxes is scheduled to expire after December 31, 2011. Taxpayers may take the deduction for state and local general sales taxes in lieu of the deduction for state and local income taxes.
Energy improvements. In recent years, Congress has enacted a number of tax incentives to encourage homeowners to make energy efficient improvements to their primary residences. The Code Sec. 25C tax credit for certain nonbusiness energy property is scheduled to expire after December 31, 2011. The credit is complex; if you are considering installing energy efficient improvements such as windows, doors, heat pumps, and other items, please contact our office to determine if your purchase qualifies for the credit.
More incentives. More individual incentives scheduled to expire after December 31, 2011 include (not an exhaustive list):
- Employee-side payroll tax cut
- Above-the-line deduction for qualified tuition and related expenses
- Tax-free distributions from individual retirement plans for charitable purposes by individuals age 70 1/2 and older
- Deduction for classroom expenses of qualified educators
- Expansion of adoption credit and adoption assistance
Businesses
Bonus depreciation. Business taxpayers have a limited window in which to take advantage of 100 percent bonus depreciation. One hundred percent bonus depreciation applies to qualified property acquired after September 8, 2010 and before January 1, 2012, and placed in service before January 1, 2012. Bonus depreciation is scheduled to drop to 50 percent for calendar year 2012. State depreciation rules may differ.
Code Sec. 179 expensing. Business taxpayers also have a limited window in which to take advantage of enhanced Code Sec. 179 expensing. For tax years beginning in 2011, the Code Sec.179 dollar limit is $500,000 and the investment limit is $2 million. The dollar limit for years beginning in 2012 is scheduled to fall to $139,000 and the investment limit is scheduled to fall to $560,000. State depreciation rules may differ.
Real property expensing. After 2011, special expensing rules for qualified real property are scheduled to expire. A taxpayer that places qualified leasehold improvement property, qualified restaurant property or qualified retail improvement property in service in a tax year that begins in 2011 may elect to treat the property as Code Sec. 179 property and expense up to $250,000 of the cost of the property.
WOTC. The Work Opportunity Tax Credit (WOTC) is scheduled to expire after December 31, 2011). The WOTC rewards employers that hire individuals from one of nine groups of targeted job seekers. Under current law, the WOTC applies to wages paid to qualified individuals who begin work for the employer before January 1, 2012.
Research tax credit. The research tax credit is designed to encourage businesses to increase their spending on research and development of new technologies. The 2010 Tax Relief Act extended the credit through December 31, 2011.
FUTA Surtax. The 0.2 percent FUTA surtax expired after June 30, 2011. As a result, the FUTA tax rate falls to 6.0 percent for the remaining six months of 2011 before any state unemployment tax credits are taken into account. The IRS has indicated it will provide guidance for employers. Our office will keep you posted of developments.
Energy tax incentives. A number of tax credits for alcohol fuels and biodiesel/renewable diesel will expire after December 31, 2011. Tax credit for construction of new energy efficient homes and manufacture of energy efficient appliances will also expire after December 31, 2011.