99Tangents

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Let’s go over the cautions to consider in your planning.

Caution #1: The kiddie tax

When Congress first passed the bill to lower the capital gains rates, there was a huge loophole. Taxpayers could gift appreciated stocks and mutual funds to their teenage children, who are usually in a low tax bracket. Then the teenagers could sell the investments at the 0% rate in 2008 and pay no tax on the gains. Lawmakers took exception to this planning, noting that the intent of the bill was to allow retirees to pay a lower rate on investments they may need to cash out.

In response, Congress broadened the “kiddie tax”, which kicks in when a child’s investment income (such as interest and capital gains) exceeds a certain level. This investment income is then taxed at the parents’ top marginal rate. Currently, that level is at $1,700, so any investment income received by children in excess of $1,700 is taxed at their parents’ tax rate. In the past, the kiddie tax applied to children under the age of 14. It has now been raised to include those younger than 19 and up to 24 years old if the child is a full-time student.

Caution #2: AMT

Regardless of the potential benefits possible from the favorable capital gains rates, be aware that the Alternative Minimum Tax (AMT) may eliminate any potential benefit. As a taxpayer “cashes” out investments to take advantage of the favorable rates, the additional income, even if qualifying for lower tax rates, could push the taxpayer’s overall income into a higher bracket, which could trigger the AMT and effectively negate the benefits of the lower capital gains rates. Seem complicated? It is. We strongly recommend you review all AMT and capital gains issues with your CPA/Tax Coach.

What are the planning opportunities? Who stands to benefit the most from the reduced capital gains tax rate?

Adults who provide financial support to their aging or retiring low-income parents. Gifting appreciated capital assets such as stocks or bonds instead of cash, can be a good way to provide them with extra income. Taxpayers can gift up to $12,000 a year per person with no gift-tax consequences. If married, a taxpayer and spouse may give up to $24,000.

Retirees with investment accounts. The capital gains breaks do not affect the withdrawals from tax-deferred retirement savings plans (i.e., IRA’s). But if the taxpayer is retired (retiring) and owns stocks, bonds, or mutual funds, the 2008 tax year may be the time to sell.

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