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A number of tax provisions have been incorporated into the Inflation Reduction Act (IRA) which went into effect in August 2022, along with the Secure 2.0 Act which went into effect in December 2022. Lower-income household tax code changes will automatically take effect. Households of higher income and net worth may want to review their retirement and estate plans to see if changes are necessary. Beyond these two new initiatives, some existing tax laws will expire by December 31, 2025. All new and due-to-expire tax laws affect your current bottom line, retirement, and legacy planning.
The IRA addresses many issues, including:
Incentivizing homeowners to add wind or solar power extend to 2032, with eligible homeowners qualifying for a 30% tax credit. Rebates for existing tax credits for purchasing new electric or other hydrogen fuel cell cars also extend to 2032. Qualifying car buyers receive a $7,500 tax credit at the point of sale. Qualifying sales of used electric vehicles for $4,000 have also been added.
Subsidy expansion for health insurance under the Affordable Care Act receives an extension through 2025. Another provision opens the possibility for Medicare drug price negotiations.
Corporations earning more than one billion dollars in profits now have a minimum 15% tax based on the annual income of the corporation's financial statement, not the taxable income. The IRA also adds a one percent tax on corporate stock buybacks based on the value of the shares.
The IRS will receive an additional $80 billion over ten years to boost tax collections by increasing audits and other tax enforcement actions.
The SECURE 2.0 Act is part of the Consolidated Appropriations Act (CAA) of 2023. It changes how you save for retirement by altering rules from the original Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019. These changes seek to improve retirement savings options regarding accrual and withdrawing money from retirement accounts. The Act includes 92 new provisions that promote savings, incentivize businesses, and increase flexibility for retirement savings strategies. Effective dates for some of the provisions vary as some are effective immediately while others phase in over the next few years.
These goals address the need for retirement preparedness. Empowering individuals to close the retirement gap between what they have saved and should have saved will provide more flexibility upon retirement. If current projections don't change, US retirees will outlive their savings by an average of eight to twenty years, putting undo pressure on already strained federal assistance programs.
The threshold age has increased from 72 to 73 for taking required minimum distributions from traditional IRAs and workplace retirement plans. In January of 2033, the RMD threshold will rise to 75. Additionally, the penalty for failure to take RMDs on time is halved from 50% to 25% of the undistributed amount.
Taking advantage of delaying RMDs will provide a larger withdrawal and potentially result in a higher tax liability in later years. An estate planning attorney or elder law attorney working with your financial advisor can help tailor distribution strategies before age 73 to mitigate tax consequences. Pursuing a more tax-diversified investment portfolio, including Roth IRAs and non-qualified holdings with unrealized capital gains that receive more favorable tax treatment, can preserve assets, generate later-life income, and help manage future tax liability.
You can set aside additional dollars over the standard maximum contribution to retirement plans like a 401(k) and IRA with a new proposal for catch-up contributions for age groups 62 to 64 and ages 60 to 63.
Yet another provision requires all catch-up contributions to be on an after-tax basis, except for those earning $145,000 or less. Other catch-up contributions will enable you to set aside more income in tax-advantaged retirement savings options while reducing current taxable income.
Auto-enrollment allows employers to enroll employees into a workplace retirement plan automatically. By 2025, an employee has to opt out of the program their employer provides rather than opting in. Participants can automatically defer 3% to 10% of their annual income into the retirement plan.
An estate planning attorney or elder law attorney can help coordinate your strategies for the best possible retirement and legacy outcomes by interpreting many other provisions not mentioned in this article. Some of the more notable provisions include:
How these new provisions affect your retirement and estate planning is unique and will require some broad understanding of the laws and how they apply to your situation.
Many tax laws will be sunsetting. They relate to the Tax Cut and Jobs Act (TCJA) provisions of 2017. As these sunset dates draw nearer, it's crucial to leverage current tax laws and mitigate the impact of the changes on your retirement and estate planning.
After 2025, tax brackets will move higher.
Determine the potential benefits of maximizing pre-tax contributions to retirement plans and capitalize on the current lower tax brackets.
In 2026, tax deductions will reduce with a projected inflation-adjusted exemption of $6.8 million. Lifetime gifting strategies will become limited and impact certain estate planning and wealth transfer strategies at death.
The economic environment continues to change considerably. Persistent higher inflation and interest rates play a part in the calculation when establishing Charitable Remainder Trusts (CRTs). Establishing this trust type at higher interest rates creates a potential tax advantage.
There is a narrow window of opportunity for higher-value individuals and estates to preserve and protect significant wealth. The IRA, SECURE 2.0 Act, sunsetting laws, and the limitless possibilities of more tax legislation passing Congress means taking strategic planning seriously. An estate planning attorney or elder law attorney can provide a comprehensive understanding of how current laws can be leveraged to protect your financial future and legacy.
We hope you found this article helpful. If you have questions or would like to discuss your personal situation, please do not hesitate to contact our Woodland Hills office at (818) 292-8160 or our Beverly Hills office at (310) 230-5686 to schedule a consultation. We look forward to the opportunity to work with you.
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Phone: 818-292-8160
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Woodland Hills, CA 91367
Phone: 310-230-5686
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Beverly Hills, CA 90210
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