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The tax proposals recently introduced by the Biden administration are not only aimed at revising how corporations are taxed. The American Families Plan, announced on April 28 of this year, includes provisions affecting individual taxpayers intended to increase tax revenue from higher-earning households. This includes proposals to raise the top marginal income tax rate while lowering the threshold at which it takes effect, limit the amount of income that can be classified as capital gains for high earners, and require additional bank reporting on domestic accounts, among others.
The rationale for the proposed changes, according to the Department of the Treasury’s explanation of the fiscal year 2022 revenue proposals, is to eliminate loopholes that allow some income to escape taxation, to even the tax treatment of income generated through capital with that of labor, and to generate revenue for the substantial social proposals included in the bill. Briefly summarized, the proposed changes potentially affecting individuals are:
Current | Proposed | Proposed Effective Date | Notes | |
Individual income tax rate | Top marginal income tax rate is 37 for income of individuals over $523,600 and for married couples filing jointly over $628,300 | Top marginal income rate would rise to 39.6 for income of individuals over $452,700 and for married couples filing jointly over $590,300 | Tax years beginning after December 31, 2021 | Thresholds would be indexed for inflation after 2022 |
Capital gains rate | 20 | Qualified dividends of taxpayers earning over $1 million and long-term capital gains would be taxed at ordinary rates | Applies to transfers made after April 28, 2021, the date proposed law was announced | |
Stepped-up tax basis of certain assets at death | Some transfers at death include an increase in the tax basis of the asset to fair market value without triggering a taxable gain for the estate | If gains are $1 million or greater per individual, no step-up in basis is allowed | December 31, 2021 for property transferred by decedents dying after that date; January 1, 2022 for certain property owned by trusts, partnerships, or other noncorporate entities | Introduces a deemed realization event every 90 years; provides a 15-year payment plan for any resulting gains |
Limitation of like-kind exchange | Exchanges of real property held for investment or productive use can be completed without recognizing loss or gain | Tax-deferred exchange treatment allowed only for properties with $500,000 or less gain | Tax years beginning after December 31, 2021 | |
Carried interest | Partnership interests held in connection with performance of services (i.e., as compensation) taxable at capital gains rates | Only taxpayers with income under $400,000 from all sources can claim this capital gains treatment | Tax years beginning after December 31, 2021 | |
Bank account reporting | Banks do not report to IRS for domestic accounts | Bank must issue a form for every bank account in the US, showing all deposits made during the year, similar to a 1099 | Tax years beginning after December 31, 2022 | Applies when annual deposits exceed $600 |
It is important to note that none of these changes have been enacted yet. Any alteration to the tax law must be approved by Congress, and it is likely that if the provisions listed above are enacted, their exact terms may change during legislative negotiation. It is also worth noting that certain tax changes are already on the horizon, even if no new laws are passed; for example, the top marginal tax rate is set to rise after 2025, when the individual tax cuts in the Tax Cuts and Jobs’ Act expire.
While it could be unwise for individuals to make hasty financial changes based on laws that may not be enacted, being aware of the direction of possible changes in the tax code can serve as the basis for timely action and prudent future planning. Seeking out professional advice can help in determining the potential impact and an advisable course of action.
For more information, please contact your US tax advisory team at youradvisor@fernwaysolutions.com or visit us at www.fernwaysolutions.com.
Our journey has taken us around the globe, with offices in 3 cities, clients in 35 countries and partners across 6 continents.
We haven't quite made our way to Antarctica (yet)!
San Francisco - London - Boston - Bangalore