Around
this time of year, we tax professionals usually send out year-end tax planning
letters to clients. But year-end tax planning
is different this year, with the possibility of tax “reform” legislation being
passed before the end of 2017. And more
so, with the additional possibility, although I think remote, that tax law
changes could be made retroactive to 2017 instead of taking effect beginning
with tax year 2018.
What do
we tell our clients?
The
traditional year-end tax plan of accelerating deductions and postponing income
is especially applicable this year considering that the “framework” for tax
reform calls for reducing tax rates, eliminating itemized deductions and
increasing the standard deduction.
2017
may be the last year taxpayers can deduct taxes, medical expenses, and
miscellaneous investment and job-related expenses. So, making additional payments in these areas
– such as making the 4th Quarter estimated income tax payment in
December 2017 instead of January 2018 and scheduling and paying for medical
appointments, exams and treatment and paying job-related expenses before year
end. Of course, decisions should be made
remembering the deductibility of medical and miscellaneous expenses is based on
the 10% (now for everyone) and 2% of AGI exclusion.
As we
all know you can only deduct “itemizable” expenses if the total exceeds the
applicable Standard Deduction. While it
appears that deductions for mortgage interest and charitable contributions will
remain, the alleged “doubling” of the Standard Deduction could cause these
expenses to provide no tax benefit in 2018 – so, if a taxpayer will be able to
itemize for 2017 under current tax law, making an extra mortgage payment in
December and making charitable contributions planned for 2018 in the last
months of 2017 would be a good idea.
The “framework”
does not give any indication if the current lower 0%, 15% and 20% tax rates for
qualified dividends and long-term capital gains will remain in effect. So, it is important for taxpayers to look at
their investment activity for the year and their current portfolio and take
maximum advantage of the lower capital gain rates, especially the 0% rate if
applicable. Taxpayers may want to
consider selling stocks or mutual fund shares at a gain, and immediately buying
them back, to lock in the lower tax rate on investment appreciation. As we know, there is no “wash sale”
limitations on sales that produce a net gain – only on transactions resulting
in a tax loss.
And,
as every year, we need to advise clients on year-end strategies concerning the
sale of mutual fund shares related to the timing of year-end distributions and
Net Asset Value changes, and college tuition and fee payments.
FYI,
the November issue of ROBERT D FLACH’S 1040 INSIGHTS includes my year-end
planning recommendations. A copy of this
issue, sent as a pdf email attachment, is only $3.00. Click here for details.
When
the actual specific details of the framework’s “cocktail napkin scribblings”
are finally released, sometime in November, we will have a better idea of what
to recommend. But we really cannot wait
too long to send out the year-end planning letters and get our clients thinking
about year-end moves.
This
year-end suspense regarding tax law has, unfortunately, become the norm in
recent years. Perhaps it would be a good
idea to pass a law that requires tax legislation, other than emergency
legislation relating to natural disasters and perhaps other unique situations,
that would affect the following year (for example tax law affecting 2018
introduced in 2017) MUST be passed by August 31st or September 30th. And one way to avoid late-year
disaster-related tax legislation would be to make tax relief for “Presidentially-declared”
natural disaster areas permanent.
So,
what are your thoughts on this issue?
TAFN
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