Potential Tax Changes Under the Biden Administration

We are early in the Biden Administration and what will happen to our various tax rates and tax laws is still speculation. However, the new administration is floating ideas, testing the waters, and beginning to communicate direction. What we do know is that the Federal government is saddled with $28 Trillion in debt and will likely raise taxes to support a growing budget and deficit.

If you make or have a lot of money, you will need to be particularly vigilant as the new laws emerge. While nothing is certain at this time, here is the direction that we may be heading.

Change in Tax Brackets

The highest marginal today is 37% for incomes over $628,301 per year (Married Filing Jointly). This will likely go up to 39.6%.

Elimination of Long-Term Capital Gains Tax Rates on Incomes Over $1 Million

This means a jump from 20% to 39.6% in years of very high income. This has huge implications for people who have one-time capital events from a business sale or other transaction.

Increased Social Security Tax

This “hidden income tax” has been creeping up for years. The current tax rate is 12.4% (50% paid by company & 50% paid by worker) on wages up to $142,800. The proposal is to apply the tax of 12.4% to people making more than $400,000 per year. That is a significant change in taxes for higher incomes.

Increased Corporate Tax Rates

The current corporate tax rate is 21%. The discussion is to raise this to 28% and create a minimum tax liability of 15% for companies that make $100 million per year in income. That would put the US corporate tax rates at levels above Europe, above the average for the global economy, and closer to the US’s 35% pre-TCJA (Tax Cuts and Jobs Act, 2017) rate.

 
 

Limitation on Itemized Deductions

There is a suggestion that itemized deductions should be limited to 28% of their value for people earning over $400,000. Currently, itemized deductions reduce taxes 32% to 37% depending on your marginal tax bracket. Once again, increases effective taxes.

Phase-Out of Itemized Deductions

Moreover, there is discussion about phasing deductions as incomes increases. This also raises taxes on higher-income people.

Lower Estate Tax Exemption

Estate tax exemptions are currently $11.7 million per person and are set to reduce by 50% at the end of 2025. These are some of the most generous rates historically. It was as low as $1 million in 2002 with 50% tax rates. However, the Biden administration is discussing reducing exemptions to as low as $3.5mm per person (which were the rates in 2009). To make this worse, the current estate tax rate of 40% might be raised to 45% (same as 2009).

Elimination of Estate Step-Up in Basis

Current law allows assets to be “stepped up” at the time of death (adjusting the value of an appreciated asset to be what it is upon the owner’s death rather than when acquired), minimizing or eliminating some future capital gains taxes. There is a discussion to eliminate this favorable tax treatment which will raise “death taxes.”

Change in 401k Rules

Another proposal is to create tax credits for 401k contributions and to phase these out on higher incomes. But also create more incentives for lower incomes earners to save.

An Important Year to Plan

Again, these are all ideas under discussion. For lower-income earners, there are no major changes unless you are possibly set to inherit money from your parents. Proposals here may reduce what you get. For higher-income earners, there is a real possibility of a significant new tax burden. And for people with significant assets, there will be some important estate planning strategies to consider.

This may become one of the most important planning years ever!


IMPORTANT NOTE: THIS MATERIAL IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SERVE AS A SUBSTITUTE FOR PERSONALIZED INVESTMENT ADVICE OR AS A RECOMMENDATION OR SOLICITATION OF ANY PARTICULAR SECURITY, STRATEGY OR INVESTMENT PRODUCT. KINGS PATH PARTNERS DOES NOT PROVIDE TAX, LEGAL OR ACCOUNTING ADVICE.

Mike Mulcahy, CFA® CPWA® CTFA

With the founding of Kings Path Partners, Mike brings a diverse set of professional and personal experiences into the wealth services business. His professional roles and community experiences give him a unique and real perspective into the needs of families, entrepreneurs, and business executives. Previous roles include president of a $6B investment management firm; management consultant with McKinsey & Company; VP of corporate finance & strategy with Compaq/HP; and managing director of an entrepreneurial web-based business. He is also an active venture investor with a focus on impact investing and social enterprises.

Mike earned an MBA from the Harvard Graduate School of Business and completed an Executive Program in Portfolio Management at the University of Chicago. He graduated summa cum laude with a Bachelor of Science in Economics with a minor in Chemistry from Texas A&M University. He holds designations as a Certified Private Wealth Adviser®, Chartered Financial Analyst®, and Certified Trust and Fiduciary Advisor (CTFA). He is a member of the Investments & Wealth Institute® and the CFA Society of Houston.

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Kings Path Partners, LLC (KPP) is an SEC-registered investment advisory business based in Sugar Land, Texas. KPP has published this article for informational purposes only. To the best of our knowledge, the material included in this article was gathered from sources KPP believes to be accurate and reliable. That noted, KPP cannot guarantee that this information is accurate and complete and cannot be held liable for any errors or omissions. Readers have the responsibility to independently confirm the information herein. KPP does not accept any liability for any loss or damage whatsoever caused in reliance upon such information. KPP provides this information with the understanding that it is not engaged in rendering legal, accounting, or tax services. In particular, none of this published material should be considered advice tailored to the needs of any specific investor. KPP recommends that all investors seek out the services of competent professionals in any of the aforementioned areas. With respect to the description of any investment strategies, simulations, or investment recommendations, KPP cannot provide any assurances that they will perform as expected and as described in this article. Past performance is not indicative of future results. Every investment program has the potential for loss as well as gain.

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