Recently W&S Financial Group Distributors published an excellent summary of the American Taxpayer Relief Act, which we would like to share with you:
“The Income Tax Two-Step. Can a tax law be titled for the previous year, enacted on the second day of the following year, and made effective as of the day before? Yes, it could and it did.
“The American Taxpayer Relief Act (ATRA) of 2012…was signed into law on January 2, 2013, but became effective the preceding day. It made both temporary and permanent changes to federal tax law and helped avoid the ‘fiscal cliff’…Meanwhile, several additional new taxes also became effective on January 1, 2013.”
Permanent Changes Enacted by ATRA. ATRA makes permanent the 2012 ordinary income tax rates, ranging from 20 to 35 percent. However, beginning in 2013, the top pre-2001 tax law marginal tax rate of 39.6 percent on taxable income will be applicable for taxpayers with taxable income that exceeds: $400,000 for singles, $425,000 for heads of households, $450,000 for married filing jointly, and $225,000 for married filing separately.
“The long term capital gain and dividend tax rates for these higher income taxpayers rises to 20 percent in 2013. Singles earning more than $250,000 and married joint filers earning more than $300,000 will also see a phase-out of itemized deductions and personal exemptions.
“The Alternative Minimum Tax (AMT) exemptions are finally indexed for inflation; for 2012 the AMT exemptions were retroactively ‘patched’ at $50,600 for single and head of household filers and $78,750 for married joint filers. The AMT exemptions for 2013 are $51,900 for single taxpayers and heads of household and $80,750 for married taxpayers filing jointly.
“Additional permanent ATRA changes include: a $1,000 child tax credit per child; marriage penalty relief items; expanded Coverdell Education Savings Account contribution limits; increases in student loan interest deductions, and higher adoption and child care tax credits.
“The estate, gift and generation-skipping transfer tax rates are unified at 40 percent. The exemption for these taxes is $5.25 million, indexed for inflation. For gifts and estates exceeding the exemption amount, ATRA creates a flat tax of 40 percent. Portability of the exemption between spouses is permanent.
“ATRA expanded in-plan Roth conversion rules for 2013 and beyond. Participants in 401(k), 403(b) and 457 retirement plans offering a Roth account can convert any non-Roth amount to a Roth account within the plan, regardless of whether such amount is otherwise distributable from the retirement plan. The new rule does not provide for transfers to a Roth IRA. As under prior law, amounts converted are subject to taxation as ordinary income, and such conversions are not subject to mandatory withholding or a 10 percent early withdrawal penalty.
“Temporary Measures Extended by ATRA. Certain tax measures enacted in 2009 and intended to benefit lower income taxpayers have been extended for five years. Some popular individual and business tax deductions have been extended for 2012 and 2013, including deductions for expenses of certain teachers, state and local sales taxes, and mortgage debt relief. Tax-free direct distributions up to $100,000 from an IRA to a charity made by individuals age 701/2 or older are extended for 2012 and 2013. These amounts qualify as a required minimum distribution…
“Temporary Payroll Tax Expired. The payroll tax reduction expired on December 31, 2012. Employees received a paycheck reflecting the increase in their personal contribution from 4.2 to 6.2 percent, ending the 2 percent reduction of the employee’s share of the Social Security tax.
“Additional New 2013 Tax Items. A new 0.9 percent Medicare surtax on earned income became effective January 1, 2013. This tax increase was passed in 2010 as part of health care reform. The Medicare surtax applies to wages and self-employment income for single and head of household filers with income exceeding $200,000; for married taxpayers filing jointly with income exceeding $250,000; and for married taxpayers filing jointly with income exceeding $125,000. For those earning more than these threshold amounts, the Medicare tax rate will be 3.8 percent (the existing 2.9 percent rate, plus the additional 0.9 percent).
“The 3.8 percent Medicare surtax on net investment income is a separate tax enacted as a part of health care reform that begins in 2013. This tax is applied to unearned income when modified adjusted gross income exceeds: $200,000 for single filers and heads of household; $250,000 for married couples filing jointly; and $125,000 for married taxpayers filing individually. This surtax is applied to the lesser of a taxpayer’s net investment income or the excess of their modified adjusted gross income reduced by the appropriate threshold amount above.”
Stay strong, there are more tax law changes in store for 2013. [SAC]