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Published byHoward Robbins Modified over 9 years ago
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2013 Pork Management Conference June 20, 2013 Denver, Colorado
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American Taxpayer Relief Act January 2, 2013
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American Taxpayer Relief Act Individual Impact Generally ATRA provides for higher taxes in 2013 for many Americans. These changes concert with the 3.8% & 0.9% Medicare taxes enacted as part of the Affordable Care Act (2010) which apply starting in 2013.
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American Taxpayer Relief Act Individual Impact Avoided the so called“FiscalCliff” for some Permanent AMT Relief Individual Income Tax Rates
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Individual Tax Rate Changes Bush Era Tax Cuts Expired at 12/31/2012 for: Individuals with Incomes > $400,000 Families with Incomes > $450,000 Long-Term Capital Gains – From 15% to 20% Dividend Rates – From 15% to 20% With 3.8% - Max Rate of 23.8% Applies Maximum Tax Rate – From 35% to 39.6% With 3.8% - Max Rate of 43.4% Applies
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American Taxpayer Relief Act Individual Impact (cont.) 2% Payroll Tax Holiday Ended 12.31.12 American Opportunity Tax Credit - 2017
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Other Notable Items (Healthcare) Supreme Court Affirmed Obamacare Decision 6.28.12 Increased Threshold for Claiming Medical Expenses From 7.5% of AGI to 10% of AGI in 2013 Additional Medicare Tax on High Income Workers From 1.45% to 2.35% for $200K Plus Wages Medicare Surtax – 3.8% on Net Investment Income (2013) Top Tax Bracket will Actually Be 39.6% + 3.8% = 43.4%
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American Taxpayer Relief Act Business Impact Section 179 Expensing Bonus Depreciation Tax Credit Extension - R&D Credit / WOTC Thru 2013
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Business Income Tax Relief Section 179 Expensing $500k in Immediate Expensing – 2012/13 $2mm Threshold – 2012/13 New or Used Qualifying Property Can’t Create a Loss with Section 179 Drops to $25k/$200k Threshold in 2014
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Business Income Tax Relief Bonus Depreciation 50% Write-off of Qualifying Property (2013) New Property Only Bonus Depreciation Expires 12/31/2013
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American Taxpayer Relief Act Estate Planning Impact $5mm Indexed Exemption - Permanent Top Rate for 2013 and Beyond – 40% Permanent Unification of Estate, Gift & GST Taxes Permanent Extension of Portability
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Estate Taxes: Post-American Taxpayer Relief Act Calendar YearApplicable Exclusion Amount Top Rate 2010$5,000,00035% 2011$5,000,00035% 2012$5,120,00035% 2013 and Beyond$5,250,00040%
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Tax on Net Investment Income Net Investment Income Tax (NIIT) took effect on 1.1.2013. NIIT applies at a rate of 3.8% to certain Net Investment Income of Individuals, Estates & Trusts that have income in excess of statutory threshold amounts.
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Tax on Net Investment Income 3.8% of the lesser of: Net Investment Income (NII) – or The excess (if any) of: Modified Adjusted Gross Income over threshold MAGI equals AGI Plus Foreign Earned Income Exclusion
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Individual MAGI Threshold Amts Single$200,000 MFJ (or Surviving Spouse) $250,000 H of H $200,000 MFS$125,000 Amounts not indexed for inflation
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Net Investment Income Includes: Interest Dividends Non-Qualified Annuities Royalties Rents Passive Activity Income Capital Gain Oil & Gas Income (Not Considered a Working Interest )
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Net Investment Income Excludes: Wages, Salaries & Bonuses Unemployment Compensation Operating Income from Nonpassive Business Social Security Benefits Alimony Tax Exempt Interest Self Employment Income Distributions from Qualified Plans & IRA’s
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Top Ten Tax Developments of 2012 1.Tax law uncertainty 2.Supreme Court upholds PPACA 3.“Repair” regs 4.New Medicare taxes 5.Worker classification 6.IRS fresh start initiative 7.Limitations/basis overstatement 8.FATCA/FBAR compliance 9.Whistleblower regs 10.Practitioner oversight
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Repair Regs Continue to Have Sweeping Impact Temporary regulations issued December 2011 Focus on issues of Materials and supplies De minimis expensing rule Definition of Unit of Property Single/multiple asset accounts General asset accounts Application delayed until 2014
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IRS Whistleblower Program – Successful or Concerning? Large awards paid - $104 million to UBS employee, $2 million to Wall Street Executive IRS collections $1.5 billion, pays out $200 million Pays 15 to 30% of tax collected
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IRS Audit, Return, and Collections Statistics Budget effects on audit enforcement efforts (quality more so than quantity) 237 million returns processed 123 million refunds Net collections of $2.2 trillion Individuals examined – 1%, range from ½ to 27% Corporations – small 1.7%, large 10%, top end 45%
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President Unveils 2014 Budget – $3.77 Trillion Tax extenders – permanent vs. extension So called “Buffet Rule” High income earners – limit itemized deduction benefit to 28% Estate tax – 45% rate, $3.5 million exemption, ($1 million for gifts)
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Focus on Tax Reform Joint committee on taxation issued report - 11 tax reform working groups Senate Finance committee - TaxReform.gov House Ways and Means discussion draft All budgets put tax reform forward as a principal theme Must be coordinated with deficit reduction
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2013 Pork Management Conference Thank You Rob Gunther, CPA rgunther@frostpllc.com Frost, PLLC (800) 766-9241 Direct: (501) 975-0112
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