We now have a draft version of Subtitle I of Dems proposed legislation. And WOW is there a lot to discuss.
You might want to buckle up, b/c this is going to be a bumpy ride...
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...The final version of this bill isn't likely to come anywhere near the length of some more recent pieces of legislation, but Subtitle I (pictured below), which has the bulk of the tax changes most planners will be concerned with, still clocks in at over 225 pages...
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...Add in provisions that expand/enhance the Child Tax Credit + the Child and Dependent Care Credit and there are about 300 pages w/ major planning implications.
In fact, upon quick glance, if enacted, this would have a MUCH bigger impact on planning for some than TCJA! 👀
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Alright... Subtitle I is officially titled "Responsibly Funding Our Priorities."
I consider this a lost opportunity for Chairman (Richard) Neal, who, to lighten the mood + give a nod to an all-time great band formed in his home state (Mass), could have gone w/ (drumroll)...
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"Subtitle I -- Eat the Rich"
Indeed, Subtitle I is packed full of provisions designed to help reduce net the cost of various spending initiatives, mostly by raising taxes on those w/ income above $400,000 (which is about the top 2% of households)...
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...Section 138201 of the draft would "squish" the current 32% bracket a bit, the current 35% bracket a lot (to a fraction of its current size), and would create a new top bracket of 39.6% above that.
I quickly put this👇together (if you see mistakes, lemme know)
Notably...
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...the income levels at which the top rate of 39.6% would kick in are actually LOWER than the income levels proposed by President Biden earlier this year via his budget request🤔
This could be just a negotiation tactic on the part of House Dems, knowing the more...
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...moderate Senate Dems will likely want to raise the thresholds from whatever they see first. Or maybe it's in an effort to try and manage the net cost of the bill?
Who knows, and frankly, who cares? It's in there now.
In addition to increasing the top ordinary tax...
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rate, the bill would also increase the top capital gains bracket. But, and this is a big but...
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...It's a MUCH smaller increase in the top rate than had been proposed by Biden. Biden had proposed making the top cap gains rate equal to the top ordinary income tax rate of 39.6%.
This bill proposes a much more modest increase in the top cap gains rate, to a max of 25%...
GAH! Seems there was a break in the Twitter space-time continuum. The "fun" continues below!
I honestly can't remember a time when advisors, tax pros and "mom and pop" investors more eagerly awaited news from the IRS.
But more than 4 1/2 years after SECURE was passed, we now have some definitive answers to key Qs.
A thread...
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As usual, I'll be live tweeting my thoughts/commentary in this thread as I go through the Regs.
So tweets will ebb and flow.
You'll know when I'm "done," I promise! Until then, if there's a break in the tweeting, I'm reading, taking care of my day job, or parenting😜
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Some basics.
Final Regs come in at 260 pages. As far as Regs go, pretty beefy.
That said, at only 260 pages, there are almost certainly going to be a lot of things NOT covered by the Regs that IRS will need to address in the future.
Now, before we get any further, we need to address the 🐘in the room...
Yes, I've used the Simpsons theme before, but...
I tried (really, I did) to look for other options but there's SO MUCH in the bill that the Simpsons was the only option w/ enough easily available GIFs!
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Back to the bill...
Incredibly, it’s been more than a year and a half since we got the first glimpse of this bill (see Star Wars-themed thread👇).
Many of the elements of that draft remain in the final version, but there are also lots of differences.buff.ly/3jjaKvJ
We have a definitive answer to one of the most frequently asked questions of 2022...
“Do people who inherited an IRA in 2020 or 2021, and who are subject to the Secure Act’s new 10-Year Rule, have to take an RMD this year?”
Short answer: NO!🤑
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We know this thanks to IRS Notice 2022-53.
At a high level, Notice 2022-53 says "beneficiaries subject to the 10-Year Rule don't have to worry about taking any RMDs from the inherited accounts in 2021 or 2022."