Tag Archives: Capital Gains

Carried Interest Lower Tax Rate

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Carried interest is a share of profits from a private equity, venture capital, or hedge fund paid as incentive compensation to the fund’s general partner.

Carried interest typically is only paid if a fund achieves a specified minimum return.

In most cases, carried interest is considered a return on investment and taxed as a capital gain rather than ordinary income, usually at a lower rate.

Because carried interest is typically distributed after a period of years, it defers taxes in the manner of an unrealized capital gains.

Carried interest on investments held longer than three years is subject to a long-term capital gains tax with a top rate of 20%, compared with the 37% top rate on ordinary income.

Critics argue taxing carried interest as long-term capital gains allows some of the richest Americans to unfairly defer and lower taxes on the bulk of their income.

Defenders of the status quo contend the tax code’s treatment of carried interest is comparable to its handling of “sweat equity” business investments.

Source:  https://www.investopedia.com/terms/c/carriedinterest.asp

Taxing Unrealized Capital Gains

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For U.S. companies that report over US$1 billion in profits to shareholders, the Inflation Reduction Act implements a 15% corporate alternative minimum tax (CAMT) based on book income.

A 15% corporate alternative minimum tax for a corporation whose financial statement income exceeds $1 billion was included in the Inflation Reduction Act in 2022.  Since the passage of the law, there has been uncertainty about whether corporations would owe taxes on paper profits, or unrealized capital gains, on stocks starting in 2022.

The new tax will require companies to compute two separate calculations for federal income tax purposes and pay the greater of the new minimum tax or their regular tax liability. To determine whether the new tax applies, companies must first ascertain whether their “average annual adjusted financial statement income” (AFSI) exceeds $1 billion for any three consecutive years preceding the tax year.

The historic tax treatment has long been that paper profits (or unrealized capital gains) created a deferred tax liability that is only paid when the stocks or assets are sold, and the profits realized.

Recent guidance from the Internal Revenue Service, while not definitive, suggests that paper profits on stocks could be subject to a 15% tax this year, according to New York tax expert Robert Willens. The issue involves the tax treatment of applicable financial statement income (AFSI), a measure of earnings.

“The IRS left open the question of whether ‘mark to market’ gains and losses should be disregarded when computing AFSI,” Willens wrote to Barron’s. “As of now, they are included in AFSI. The IRS solicited the comments of investors as to whether these gains and losses should be backed out of AFSI or whether they should remain in the tax base.”

The beauty of the previous tax rules is that a company could defer the taxes indefinitely on unrealized gains in long-held stocks, especially when the preferred holding period is “forever.”

Individuals can defer capital-gains taxes until the sale of assets and can often avoid taxes entirely if the assets are left in their estates, assuming the estates are below the current threshold for inheritance taxes.

There have been proposals floated in Congress from some lawmakers to tax unrealized gains held by individuals, but they haven’t gained traction.

References:

  1. https://www.barrons.com/articles/warren-buffett-berkshire-hathaway-tax-51673028329
  2. https://www.ey.com/en_gl/tax-alerts/us-inflation-reduction-act-includes-15-corporate-minimum-tax-on-income

Tax Planning

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“It may feel good at tax time to get a refund, but remember that the money you’re getting back is money you loaned the government at no interest.”

Benjamin Franklin famously said, “nothing is certain but death and taxes.” Skip filing your taxes, and the tax agents will come calling. And when they do, you’ll likely face penalties and interest — and even lose your chance to receive a tax refund.

Unless your income is below a certain level, you will have to file federal income tax returns and pay taxes each year. Therefore, it’s important to understand your obligations and the way in which taxes are calculated.

Every year, everyone who makes money in the U.S. must fill out a prior calendar year tax return and file it with the IRS by April 15th. The process inspires dread among anyone who performs this task without the help of an accountant. The forms are complicated, and the definitions of terms like “dependent” and “exemption” can be difficult to understand.

Tax Basics and Taxable Income

There are two types of income subject to taxation: earned income and unearned income. Earned income includes:

  • Salary
  • Wages
  • Tips
  • Commissions
  • Bonuses
  • Unemployment benefits
  • Sick pay
  • Some noncash fringe benefits

Taxable unearned income includes:

  • Interest
  • Dividends
  • Profit from the sale of assets
  • Business and farm income
  • Rents
  • Royalties
  • Gambling winnings
  • Alimony

It is possible to reduce taxable income by contributing to a retirement account like a 401(k) or an IRA.

A person can exclude some income from taxation by using a standard deduction amount determined by the government and a person’s filing status or by itemizing certain types of expenses. Allowable itemized expenses include mortgage interest, state and local taxes, charitable contributions, and medical expenses.

Anyone can make an honest mistake with regard to taxes, but the IRS can be quite strict. And since everyone’s tax situation is a little different, you may have questions.

Allowed Deductions – Deductions and Tax Exemptions

The IRS offers Americans a variety of tax credits and deductions that can legally reduce how much you’ll owe. All Americans should know what deductions and credits they’re eligible for — not knowing is like leaving money on the table.

Most people take the standard deduction available to them when filing taxes to avoid providing proof of all of the purchases they’ve made throughout the year. Besides, itemized deductions often don’t add up to more than the standard deduction.

But if you’ve made substantial payments for mortgage interest, property taxes, medical expenses, local and state taxes or have made major charitable contributions, it could be worth it to take this step. These tax deductions are subtracted from your adjusted gross income, which reduces your taxable income.

The government allows the deduction of some types of expenses from a person’s adjusted gross income, or gross income minus adjustments. A person can exclude some income from taxation by using a standard deduction amount determined by the government and a person’s filing status or by itemizing certain types of expenses. Allowable itemized expenses include mortgage interest, a capped amount of state and local taxes, charitable contributions, and medical expenses.

Depending on who you are and what you do, you may be eligible for any number of tax deductions and exemptions to reduce your taxable income. At the end of the day, these could have a significant impact on your tax exposure. Starting with the standard deduction, the links below will help you determine how to shrink your income — for tax purposes, of course.

Common Tax Credits

Tax credits are also another way to reduce your tax exposure and possibly obtain a tax refund when the dust settles. Many people don’t realize that a tax credit is the equivalent of free money. Tax deductions reduce the amount of taxable income you can claim, and tax credits reduce the tax you owe and, in many cases, result in a nice refund.

The IRS offers a large number of tax credits that encompass everything from buying energy-efficient products for your home to health insurance premium payments to being in a low- to moderate-income household. The key to benefiting from these credits is examining all of the purchases you’ve made throughout the year to see if you are owed money.

There are 17 tax credits for individuals you can take advantage of in five categories:

  • Education credits
  • Family tax credits
  • Healthcare credits
  • Homeownership and real estate credits
  • Income and savings credits

Taxes: What to Pay and When

Most Americans don’t look forward to tax season. But the refund that a majority of taxpayers get can make the tedious process of tax filing worth the effort.

When you’re an employee, it’s your employer’s responsibility to withhold federal, state, and any local income taxes and send that withholding to the IRS, state, and locality. Those payments to the IRS are your prepayments on your expected tax liability when you file your tax return. Your Form W-2 has the withholding information for the year.

The U.S. has a pay-as-you-go taxation system. Just as income tax is withheld from employees every pay period and sent to the IRS, the estimated tax paid quarterly helps the government maintain a reliable schedule of income. It also protects you from having to cough up all the dough at once.

When you file, if you prepaid more than you owe, you get some back. If you prepaid too little, you have to make up the difference and pay more. And, if you’re like most wage earners, you get a nice refund at tax time.

But if you are self-employed, or if you have income other than your salary, you may need to pay estimated taxes each quarter to square your tax bill with Uncle Sam. You may owe estimated taxes if you receive income that isn’t subject to withholding, such as:

  • Interest income
  • Dividends
  • Gains from sales of stock or other assets
  • Earnings from a business
  • Alimony that is taxable

So, it’s important to remember that taxes are a pay-as-you-go. This means that you need to pay most of your tax during the year, as you receive income, rather than paying at the end of the year.

There are two ways to pay tax:

  • Withholding from your pay, your pension or certain government payments, such as Social Security.
  • Making quarterly estimated tax payments during the year.

This will help you avoid a surprise tax bill when you file your return. If you want to avoid a large tax bill, you may need to change your withholding. Changes in your life, such as marriage, divorce, working a second job, running a side business or receiving any other income without withholding can affect the amount of tax you owe.

And if you work as an employee, you don’t have to make estimated tax payments if you have more tax withheld from your paycheck. This may be an option if you also have a side job or a part-time business.

It may feel good at tax time to get a refund, but remember that the money you’re getting back is money you loaned the government at no interest.

References:

  1. https://www.nerdwallet.com/article/taxes/tax-planning
  2. https://www.findlaw.com/tax/federal-taxes/filing-taxes.html
  3. https://www.findlaw.com/tax/federal-taxes/tax-basics-a-beginners-guide-to-taxes.html
  4. https://turbotax.intuit.com/tax-tips/small-business-taxes/estimated-taxes-how-to-determine-what-to-pay-and-when/L3OPIbJNw
  5. https://www.moneycrashers.com/paying-estimated-tax-payments-online-irs
  6. https://www.irs.gov/payments/pay-as-you-go-so-you-wont-owe-a-guide-to-withholding-estimated-taxes-and-ways-to-avoid-the-estimated-tax-penalty

Investing – How to Get Started

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“It’s not how much money you make, but how much money you keep, how hard it works for you, and how many generations you keep it for.”  Robert Kiyosaki, Rich Dad Poor Dad

Investing, which involves putting your money to work, is a great first step toward building wealth for yourself and your family. If you think investing is gambling, you’re doing it wrong. The world of investing requires discipline, planning and patience. And, the gains you see over decades can be exciting. The three most common categories of investments, referred to as asset classes, include:

  1. Stocks – which are a share in a company. These tend to be riskier investments, but also typically offer more potential for profit over time.
  2. Bonds – which are a share of debt issued by a business or the government. These are safer investments, typically returning a lower profit than stocks over time.
  3. Cash and cash equivalents – which are readily available cash and short-term investments like certificates of deposit (CDs). These are the safest investments, but typically return little profit over time.

 

Before you start investing, it is important for you to understand a few basic concepts and definitions, such as:

Risk Tolerance

Risk tolerance is basically your emotional ability to deal with losing money. If you invested $1,000 today, could you deal with it being worth $500 for a period of time? That’s possible if you invest heavily in stocks, which tend to increase in value over time but can be volatile from one day to the next. If you answered yes to being okay losing a great deal of money for a period of time, then you have a high risk tolerance.

Time Horizon

Time horizon is the amount of time before you want to use your money. If you’re planning to use the money to make a down payment on a home within the next three years, you have a short time horizon and would likely have less risk tolerance. If you’re not planning to use the money until you retire in 30 years, then you have a long time horizon and can afford to take on more risk.

Asset Allocation

Asset allocation is the percentage of stocks, bonds or cash you own. If you have a high risk tolerance and long time horizon, you’re likely to want a larger percentage of stocks because you’ll be able to weather ups and downs and make more money over the long term. On the other hand, if you have a low risk tolerance and short time horizon, you probably want more cash and bonds so that you don’t lose money right before you need it.

Stocks, bonds and cash tend to respond differently to market conditions (one may go up when the others go down). Asset allocation helps you spread your money so that when one asset class unexpectedly zigs, your whole portfolio doesn’t zig along with it. In this way, asset allocation can help ensure your portfolio is correctly positioned to help you reach your financial goals, no matter what is happening in the market.

Diversification

Diversification splits your investments among different groupings or sectors in order to reduce risk. That includes your asset allocation. But it also includes where you invest within asset classes. For instance, you might diversify between stocks in companies located within the United States and stocks in companies located in Asia.

Different sectors of the economy do better at different times. It’s tough to predict which one will do well in any given year. So when you diversify and own stocks across different sectors, you are positioned to make money on whatever sector is performing well at the time. A well-diversified portfolio can help lessen the impact of market ups and downs on your portfolio.

Rebalancing

If you’ve done a good job with asset allocation and diversifying, then the balance of your portfolio is likely going to get out of whack over time as one sector does better than another. For instance, let’s say you wanted 10 percent of your stocks to be companies in Asia. If companies in Asia have a great year, those companies may now make up 15 percent of your stocks. In that case you’ll want to sell some of those stocks and use that money to buy more stocks (or even bonds) in parts of your portfolio that didn’t do as well.

Rebalancing on a regular basis (once or twice a year, for example) can help ensure your portfolio remains aligned with your goals. And because it provides a disciplined approach to investing, portfolio rebalancing also may prevent you from buying or selling investments based on emotion.

Dollar Cost Averaging 

Dollar cost averaging (DCA) involves putting your investment plan on autopilot.  With DCA, you invest a set amount at set intervals (for example, $200 every month) in the market. By investing systematically, you’ll buy more shares of an investment when the market is lower, fewer when the market is higher, and some when the market is in between. Over time, this may help you to pay a lower average price for the total shares you purchase.

DCA takes the emotion out of investing, helping you to start on your investment plan sooner, rather than later. And once you begin, DCA can also help you remain focused on your goals, no matter what’s happening in the market. It helps make investing a habit.

Capital Gains

Capital gains is an increase in the value of an asset or investment over time. Capital gains is measured by the difference between the current value, or market value, of an asset or investment and its purchase price, or the value of the asset or investment at the time it was acquired {cost basis}.

Realized capital gains and losses occur when an asset is sold, which triggers a taxable event. Unrealized gains and losses, sometimes referred to as paper gains and losses, reflect an increase or decrease in an investment’s value but are not considered a capital gain that should be treated as a taxable event.

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Fiscal Fact: The average white household had $402,000 in unrealized capital gains in 2019, compared with $94,000 for Black households and $130,000 for Hispanic or Latino households. These disparities have generally widened over time.  Source:  Tax Policy Center https://www.taxpolicycenter.org/fiscal-fact/unrealized-capital-gains-ff-05102021

Capital gains are classified as either short-term or long-term. Short-term capital gains, defined as gains realized in securities held for one year or less, are taxed as ordinary income based on the individual’s tax filing status and adjusted gross income. Long-term capital gains, defined as gains realized in securities held for more than one year, are usually taxed at a lower rate than regular income.

“If you want to become really wealthy, you must have your money work for you. The amount you get paid for your personal effort is relatively small compared with the amount you can earn by having your money make money.” John D. Rockefeller

Before you start investing or putting your money to work for your, do your homework and research. Once you’ve made a decision, make sure to re-evaluate the assets in your portfolio on a regular basis. A good asset today may not necessarily be a good asset in the future.

And, don’t panic during the inevitable setbacks and don’t be fearful during the inevitable stock market corrections that all long-term investors face. If the reasoning behind the investment decision was sound when purchased, stick with the assets, and they should eventually recover and grow.

References:

  1. https://www.investopedia.com/financial-edge/0511/the-top-17-investing-quotes-of-all-time.aspx
  2. https://www.northwesternmutual.com/life-and-money/how-to-invest-a-beginners-guide/
  3. https://www.northwesternmutual.com/life-and-money/4-investment-terms-you-should-know/
  4. https://www.investopedia.com/terms/c/capitalgain.asp

Tax on the Sale of a House (Primary Residence)

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If you sell your home for a profit, some of the capital gain could be taxable. Capital gains are the profits from the sale of an asset — shares of stock, a piece of land, a business — and generally are considered taxable income.

The IRS and many states assess capital gains taxes on the difference (profit) between what you pay for an asset — your cost basis — and what you sell it for. Capital gains taxes can apply to investments, such as stocks or bonds, and tangible assets like cars, boats and real estate.

To minimize your tax burden, the IRS typically allows you to exclude up to:

  • $250,000 of capital gains on your primary residence if you’re single.
  • $500,000 of capital gains on real estate if you’re married and filing jointly.

You will have to meet certain criteria in order to qualify for this exclusion, so be sure to review them before you sell. You might qualify for an exception, and adding the value of home improvements you’ve made could help.

For example, if you bought a home 10 years ago for $200,000 and sold it today for $800,000, you’d make $600,000. If you’re married and filing jointly, $500,000 of that gain might not be subject to the capital gains tax (but $100,000 of the gain could be), according to NerdWallet.com. What rate you pay on the other $100,000 would depend in part on your income and your tax-filing status.

The bad news about capital gains on real estate is that your $250,000 or $500,000 exclusion typically goes out the window, which means you pay tax on the whole gain, if any of these factors are true:

  • The house wasn’t your principal residence.
  • You owned the property for less than two years in the five-year period before you sold it.
  • You didn’t live in the house for at least two years in the five-year period before you sold it. (People who are disabled, and people in the military, Foreign Service or intelligence community can get a break on this part, though; see IRS Publication 523 for details.)
  • You already claimed the $250,000 or $500,000 exclusion on another home in the two-year period before the sale of this home.
  • You bought the house through a like-kind exchange (basically swapping one investment property for another, also known as a 1031 exchange) in the past five years.
  • You are subject to expatriate tax.

If it turns out that all or part of the money you made on the sale of your house is taxable, you need to figure out what capital gains tax rate applies.

  • Short-term capital gains tax rates typically apply if you owned the asset for less than a year. The rate is equal to your ordinary income tax rate, also known as your tax bracket.
  • Long-term capital gains tax rates typically apply if you owned the asset for more than a year. The rates are much less onerous; many people qualify for a 0% tax rate. Everybody else pays either 15% or 20%. It depends on your filing status and income.

References:

  1. https://www.nerdwallet.com/article/taxes/selling-home-capital-gains-tax

Capital Gains Taxes on Real Estate

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“For a nation to try to tax itself into prosperity is like a man standing in a bucket and trying to lift himself up by the handle.” Winston Churchill

If you sell your home and make a profit, you will pay taxes for the capital gains on your home sale if you can’t qualify for an exemption or defer paying taxes through a 1301 Exchange.

Capital gains are the profits you make from the sale of a capital asset, such as a home or stocks, according to the Internal Revenue Service (IRS). When selling your home, the amount of money you pocket after paying off your mortgage and related obligations is considered a capital gain. If you sell your home for less than it’s worth, then it’s considered a capital loss.

Two types of capital gains and losses…short-term and long-term.

  • If you own the asset for less than a year, that profit is taxed as ordinary income or at your normal income tax rate. This is referred to as short-term capital gains.
  • If you own the asset for more than a year. Instead of being taxed at your normal income tax rate, these profits are taxed at the lower tax rate for long-term capital gains.

Capital gains are considered income by the IRS and may be taxed. Short-term capital gains tax rates match standard income tax rates, while long-term capital gains tax rates vary by filing status and income. And, long-term capital gains tax are significantly lower than normal income tax rates.

Capital gains tax exemption

Capital gains of up to $250,000 ($500,000 for joint filers) on the sale of a principal residence may be excluded from gross income every two years.

You can sell your home and not pay capital gains tax based on rules in the 1997 Taxpayer Relief Act which exempted from taxation any capital gains on the sale of a primary residence.

For a capital gains tax exemption, you can exclude up to $250,000 of gain on the sale of your main home. Certain joint returns can exclude up to $500,000 of gain. You must meet all requirements to qualify for a capital gains tax exemption:

  • You must have owned the home for a period of at least two years during the five years ending on the date of the sale.
  • You must have used it as your main home for at least two years during the past five-year period after the sale or exchange.
  • You can’t have used the exclusion for any home sold or exchanged during the two-year period. This period ends on the date of the current sale or exchange.

If you don’t qualify for the full capital gains tax exemption exclusion, you’ll be able to get a reduced exclusion with an exception. There’s an exception if all of these apply:

  • You sold the home due to a change in employment.
  • You didn’t meet the ownership and use tests.

This applies if you started work with a new employer or continue working with the same one in a different place. It also can mean the start or continuation of self-employment.

If the change occurred when you used the home as your main home, this can be considered the reason you sold your home. Your new place of employment must be at least 50 miles farther from your former home than was your former place of employment.

And, if you can exclude all of the gain, you do not need to report the sale on your tax return. If you have gain that cannot be excluded, it is taxable. Report it on Schedule D (Form 1040).

If you own multiple homes, you’re required to pay capital gains taxes on the sale of any home that isn’t your main residence. The act applies to only the dwelling that you consider your primary residence.

“Taxes are your largest single expense.” Robert Kiyosaki

Understanding capital gains exemptions for real estate

You may qualify to either fully or partially exclude the capital gains on your home sale from being taxed. Below, we break down the eligibility requirements for each exemption type.

IRS full exemption

You must meet the IRS eligibility test to be eligible for the full capital gains exemption on your home sale. The eligibility test requires you to meet the following requirements.

  • Ownership. You must have been the owner of the property for at least two of the last five years. If you’re married, only one spouse needs to meet this requirement.
  • Residence. You must have used the home as your primary residence for at least two of the last five years. The residency does not have to be completed consecutively, but both spouses must meet this requirement.
  • Look-back. You must not have used the capital gains tax exemption on another home sale within the past two years.

Borrowers who meet these criteria may take advantage of the maximum exemption allowed by the IRS.

The 1031 Exchange.

One option to avoid paying taxes on capital gains is a “like-kind exchange” per Section 1031 of the tax code. In short version, you can take the proceeds from selling one property and use them to buy similar property, and defer paying the capital gains taxes on the sold property.

A “like-kind” property usually means a property used similarly. For example, you can sell a property used as rental property and use the profits to buy another property to be used as rental property.

There’s a time limit. Within 45 days of selling the original property, you have to “nominate”—identify to the IRS—the new replacement property you’ll be buying. Then, you have to actually buy it within a total of 180 days from when you sold the old property.

A 1031 exchange doesn’t mean you avoid paying taxes on your gains. When and if you ever sell the new property for a profit, you’ll owe capital gains taxes on it.

Once you sell the property, you’ll owe capital gains taxes on the property, unless you do another 1031 exchange, in which case you can keep buying higher-priced properties and keep deferring capital gains taxes indefinitely.

1031 Exchange Rules

If you plan to use a 1031 exchange, understand that there are some pretty strict rules that mus be followed. If you don’t, you won’t get the tax-deferred exchange.

  1. Properties Must Be “Like-Kind”. The IRS requires that the property being sold and the replacement property must be “like-kind assets.” Also, keep in mind that the property must be an investment, not your primary or secondary home.
  2. The Replacement Property Should Be of Equal or Greater Value. In order to completely avoid paying any taxes upon the sale of your investment property, the IRS requires that the replacement property being acquired is of equal or greater in value than the property being relinquished. And, the replacement property price must be greater than the sale price of the relinquished property, not just the profit you made.
  3. 45-Day Identification Window. You must identify the property you plan to close on within 45 days or lose the entire benefit of the 1031 exchange. The timer doesn’t start until the day you sell your property.
  4. The 180-Day Closing Window. The clock for the 45-day window starts ticking the moment the relinquished property is sold. At this same moment, another clock begins counting down. Its known as the 180-day closing window. The IRS requires that the new replacement property be fully purchased (the title officially transferred) within 180 days of the sale of the relinquished property. This rule, along with the 45-day rule, is strictly enforced. Your entire 1031 exchange will fail if you do not meet both rules.
  5. Qualified intermediary. One of the most important rules governing the entire 1031 exchange process is that you must not touch the money of the sold property to avoid the taxes. Although there may be up to 180 days in between the sale of the sold property and the purchase of the replacement property, the proceeds may never enter your bank account or an account controlled by you. Instead, you are required to use a qualified intermediary who is someone who holds onto your money while you wait to buy the new property. A qualified intermediary cannot be you, your agent, your broker, your spouse, your family member, your investment banker, your employee, your business associate, or anyone who has had one of these roles in the past two years.

In summary, a 1031 exchange allows you to “defer” paying any property taxes on the investment property when it is sold, as long as another “like-kind” asset is purchased using the profit received.

References:

  1. https://www.msn.com/en-us/money/realestate/how-to-avoid-capital-gains-taxes-on-real-estate/ar-BB107jT3#:~:text=You%20could%20partially%20or%20fully%20avoid%20a%20capital,fall%20below%20the%20threshold%20for%20your%20filing%20status.
  2. https://www.biggerpockets.com/blog/real-estate-investing-legally-avoid-capital-gains-taxes
  3. https://www.biggerpockets.com/blog/2015-09-24-1031-exchanges-real-estate