The Tax Cuts and Jobs Act (TCJA) voted by Congress in late 2017 introduces significant changes to the way individuals and businesses file their taxes. The key changes include the doubling of the standard deduction to $12,000 for singles and $24,000 for married couples filing jointly, the elimination of personal exemptions, limiting the SALT deduction to $10,000, limiting the home mortgage interest deduction to loans of up to $750,000 versus $1,000,000 as well as comprehensive changes to itemized deductions and Alternative Minimum Tax.
Many high net worth individuals and families, especially from high tax states like California, New York, and New Jersey, will see substantial changes in their tax return. The real impact won’t be completely revealed until the first tax filing in 2019. Many areas remain ambiguous and will require further clarification by IRS.
Most strategies discussed in this article were popular even before the TCJA. However, their use will vary significantly from person to person. I strongly encourage you to speak with your accountant, tax lawyer or investment advisor to better address your concerns.
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1. Home mortgage deductions
While a mortgage tax deduction is rarely the primary reason to buy a home, many new home buyers will have to be mindful of the new tax rule limiting mortgage deductions to loans of up to $750,000. The interest on second home mortgages is no longer tax deductible. The interest on Home Equity Loans or HELOCs could be tax deductible in some instances where proceeds are utilized to acquire or improve a property
2. Get Incorporated
If you own a business, you may qualify for a 20 percent deduction for qualified business income. This break is available to pass-through entities, including S-corporations and limited liability companies. In general, to qualify for the full deduction, your taxable income must be below $157,500 if you’re single or $315,000 if you’re married and file jointly. Beyond those thresholds, the TJLA sets limits on what professions can qualify for this deduction. Entrepreneurs with service businesses — including doctors, attorneys, and financial advisors — may not be able to take advantage of the deduction if their income is too high.
Furthermore, if you own a second home, you may want to convert it to a rental and run it as a side business. This could allow you to use certain tax deductions that are otherwise not available.
Running your business from home is another way to deduct certain expenses (internet, rent, phone, etc.). In our digital age, technology makes it easy to reach out to potential customers and run a successful business out of your home office.
3. Charitable donations
All contributions to religious, educational or charitable organization approved by IRS are tax deductible. The annual limit is 50% of your AGI (aggregate gross income) for most donations and 30% of AGI for appreciated assets.
While most often people choose to give money, you can also donate household items, clothes, cars, airline miles, investments, and real estate. The fair value of the donated items decreases your taxable income and therefore will reduce the amount of taxes due to IRS.
The TCJA made the tax planning for donations a little bit trickier. The new tax rules raised the standard deduction to $12,000 for singles and $24,000 for married couples filing jointly. In effect, the rule will reduce the number of people who are itemizing their taxes and make the charitable donations a less attractive tax strategy.
For philanthropic high net worth individuals making charitable donations could require a little more planning to achieve the highest possible tax benefit. One viable strategy is to consolidate annual contributions into a single large payment. This strategy will ensure that your donations will go above the yearly standard deduction threshold.
Another approach is to donate appreciated investments, including stocks and real estate. This strategy allows philanthropic investors to avoid paying significant capital gain tax on low-cost basis investments. To learn more about the benefits of charitable donations, check out my prior post here.
The TCJA doubled the gift and estate tax exemption to almost $11.18 million per person and $22.36 per married couple. Furthermore, you can give up to $15,000 to any number of people every year without any tax implications. Amounts over $15,000 are subject to the combined gift and estate tax exemption of $11 million. You can give your child or any person within the annual limits without creating create any tax implications.
Making a gift will not reduce your current year taxes. However, making gifts of appreciated assets with a lower cost basis can be a way to manage your future tax payments and pass on the tax bill to family members who pay a lower tax rate.
5. 529 Plans
The TCJA of 2017 expanded the use of 529 plans to cover qualifying expenses for private, public, and religious kindergarten through 12th grade. Previously the use of 529 plans was limited to qualified college expenses.
The use of 529 plans is one of the best examples of how gifts can minimize future tax burden. Parents and grandparents can contribute up to $15,000 annually per person, $30,000 per married couple into their child college education fund. The plan even allows a one–time lump sum payment of $75,000 (5 years x $15,000).
All contributions can be invested through a variety of investment vehicles. While 529 contributions are not tax deductible on a federal level, many states like New York, Massachusetts, Illinois, etc. allow for state tax deductions for up to a certain amount. The 529 investments grow tax-free. Withdrawals are also tax-free when used to pay cover qualified college and educational expenses.
6. 401k Contributions
One of the most popular tax deductions is the tax-deferred contribution to 401k and 403b plans. In 2018 the allowed maximum contribution per person is $18,500 plus an additional $6,000 catch-up for investors at age 50 and older. Also, your employer can contribute up to $36,500 for a maximum annual contribution of $55,000 or $61,000 if you are older than 50.
The contributions to your retirement plan are tax deductible. They decrease your taxable income if you use itemized deductions on your tax filing form. Not only that, the investments in your 401k portfolio grow tax-free. You will owe taxes upon withdrawal at your current tax rate at that time.
7. Roth conversion
Roth IRA is a great investment vehicle. Investors can contribute up to $5,500 per year. All contributions to the account are after-tax. The investments in the Roth IRA can grow tax-free. And the withdrawals will be tax exempt if held till retirement. IRS has limited the direct contributions to individuals making up to $120,000 per year with a phase-out at $135,000. Married couples can make contributions if their income is up to $189,000 per year with a phase-out at $199,000.
Fortunately, recent IRS rulings made it possible for investors who do not qualify for direct contributions, to use a two-step process known as backdoor Roth and take advantage of the long-term Roth IRA benefits. Learn more about Roth IRA in our previous post here.
8. Health Spending Account
A health savings account (HSA) is a tax-exempt saving account available to taxpayers who are enrolled in a high-deductible health plan (HDHP) The funds contributed to this account are tax deductible. Unlike a flexible spending account (FSA), HSA funds roll over and accumulate year over year if not spent. HSA owners can use the funds to pay for qualified medical expenses at any time without tax liability or penalty. The annual contribution limits for 2018 are $3,450 per person, $6,900 per family and an additional $1,000 if 55 or older. The owner of HSA can invest the funds similarly to IRA account.
In effect, HSAs have a triple tax benefit. All contributions are tax deductible. Investments grow tax-free and. HSA owners can make tax-free withdrawals for qualified medical expenses.
9. Municipal bonds
Old fashioned municipal bonds continue to be an attractive investment choice of high net worth individuals. The interest income from municipal bonds is still tax exempt on a federal level. When the bondholders reside in the same state as the bond issuer, they can be exempted from state income taxes as well.
About the author:
Stoyan Panayotov, CFA is the founder and CEO of Babylon Wealth Management, a fee-only investment advisory firm based in Walnut Creek, CA. Babylon Wealth Management offers personalized wealth management and financial planning services to individuals and families. To learn more visit our Private Client Services page here. Additionally, we offer Outsourced Chief Investment Officer services to professional advisors (RIAs), family offices, endowments, defined benefit plans, and other institutional clients. To find out more visit our OCIO page here.
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