The House Budget Committee released a version of H.R. 5376 (the Build Back Better Act), which eliminated many of the previously proposed tax increases that would have impacted individuals. However, the rewrite of the Build Back Better Act includes a tax surcharge on high-income individuals, estates, and trusts that would be imposed and become effective for taxable years beginning after December 31, 2021. Other provisions remained, some unchanged, and some modified.
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The House Budget Committee released a third version of H.R. 5376 (the Build Back Better Act) on November 3, 2021. This draft increases the state and local tax deduction, brings back many of the retirement proposals from the original September 13 draft of the Bild Back Better Act, and retains the surcharge on high-income individuals, estates, and trusts from the October 28 version. A summary of the tax updates is provided to show where things stand today.
With possible tax law changes on the horizon, it can feel daunting to make any moves before knowing the outcome. But year-end is still a good time to get your financial house in order and fine-tune your long-term strategy to take advantage of tax savings opportunities.
The U.S. House of Representative passed the Build Back Better Act, the second component of the White House’s ambitious spending plan, on November 19, 2021. Among the most significant provisions in the Act is a new broad-based surcharge of up to 8% on high-income individuals, trusts, and estates. An analysis on the surcharge impact and other key provisions in the Act are provided, including the corresponding wealth and tax planning strategies.
For married couples looking to use their lifetime gift exemptions and protect their assets, spousal lifetime access trusts (SLATs) are an attractive option. Planning to use the increased exemption now instead of waiting until it expires in 2025 and reverts to the 2011 level of $5 million will also allow for more thoughtful preparation, and a properly executed estate plan means less likelihood of IRS scrutiny.
In this outlook of forward-looking perspectives, experts provide specific, timely advice on how to articulate your unique vision for your wealth across key societal and financial themes for 2022 and beyond.
If you own a closely held business, choosing how and when to exit your business is a critical part of the planning. If one of your goals involves benefiting charity, you might consider the use of a charitable remainder trust (CRT). It’s also an option that can help achieve other business exit goals and reduce your overall tax payment.
Under Section 663(b) of the Internal Revenue Code, any distribution by an estate or trust within the first 65 days of the tax year can be treated as having been made on the last day of the preceding tax year. Using this rule to treat any distribution by an estate or trust can provide a possible opportunity for tax savings.
The possibility of dramatic tax changes on lifetime gifts and after an individual’s death has increased with introduction of the For the 99.5 Percent Act and the Sensible Taxation and Equity Promotion Act in the U.S. While it remains early in the legislative process, the chances of significant changes are growing and the window for action is closing. For those individuals and families of wealth who said they would deal with these issues “later,” the time is now to do proactive tax and estate planning.
With the IRS increasing their funding and enforcement, upper income taxpayers should expect the IRS audit coverage to increase dramatically on them. It’s important to prepare for the tax changes that are coming—and coming quickly. Along with having a team of professionals on your side, there are steps you can take to protect yourself. Now is the time to review and perhaps recalibrate your risk tolerance for tax strategies.To learn more about the coming changes, listen to the podcast recording here with Waller’s Leigh Griffith.