Tax Questions

With the Presidential election 9 weeks away, we prepared the following guideline to illustrate where each of the candidates stand on certain tax laws. Biden’s proposed changes would repeal different aspects of Trump’s 2017 Tax Cuts and Jobs Act (TCJA). Please note, these are proposed changes and Congress often makes the final decision.

Biden’s tax plan
Biden has been critical of the TCJA and his planned tax law changes call for higher taxes on both ordinary and capital gain income for high net worth individuals. His proposed changes include:
  • Raise the top marginal individual income tax rate for incomes above $400,000 to the pre-TCJA rate of 39.6%.
  • Tax long-term capital gains and dividends above $1 million at the ordinary income rate of 39.6%.
  • Cap the value of itemized deduction to 28%, thereby reducing the benefit for taxpayers in rate brackets higher than 28%.
  • Raise the corporate income tax rate from 21% to 28%.
  • Institute a 15% alternative minimum tax on corporations with $100 million or more in profits.
  • Raise the Global Intangible Low Tax Income (“GILTI”) (a tax on income from foreign affiliates, including foreign-held intangible property and its related income) rate from 10.5% to 21%.
  • Institute a 12.4% Social Security payroll tax, to be split between employers and employees, on income earned in excess of $400,000.
    • This proposal results in a “donut hole” where wages between the current cap of $137,000 and $400,000 are not taxed.
  • Phase out the Section 199A deduction on taxable income in excess of $400,000.
  • Expands the Earned Income Tax Credit (“EITC”).
  • Expand the Affordable Care Act’s premium tax credit.

Trump’s tax plan
Although President Trump has not officially issued a tax policy proposal for his re-election campaign, the budget proposals submitted to Congress since the passage of the TCJA have assumed the individual income tax provisions set to expire at the end of 2025 will be made permanent. Trump is set to unveil this month a Tax Reform Plan for low-income and middle-income taxpayers – Tax Reform 2.0.

Policy Issue Current Law Donald Trump Joe Biden
Ordinary income rate

Top marginal rate of 37% until 2026

Make current law permanent; however, to the extent the current law expires, top marginal rate reverts to 39.6% beginning in 2026 Restore top marginal rate to 39.6% for taxpayers with over $400,000 of taxable income
Capital Gains & Dividends "0% rate on capital gains and dividends for taxpayer's with income between $0 and $40,000

15% rate on capital gains and dividends for taxpayer's with income between $40,001 and $441,450

20% rate on capital gains and dividends for taxpayer's with income of $441,451 and above"
Make current law permanent; however, to the extent the current law expires, applicable capital gains rate will again be tied to a taxpayer’s ordinary income rate beginning in 2026 (e.g., 15% rate if a taxpayer’s ordinary marginal income tax rate is between 25%, and 35%) Tax capital gains and dividends at 39.6% for taxpayers with over $1 million of taxable income
Itemized Deduction Cap Itemized deduction limit repealed until 2026

Make current law permanent; however, to the extent the current law expires, the "Pease" limitation is reinstituted

Cap Value of Itemized Deduction at 28%
Corporate rate

Max Corporate Tax Rate

of 21%

No Proposed Change

Raise Corporate Rate to 28%
Corporate Amt for Profit > $100 Million No Corporate AMT No Proposed Change Institute 15% Corporate AMT
GILTI Rate 10.5% Rate No Proposed Change Double Rate to 21%
High-income Social Security Payroll Tax  No Social Security payroll tax on income above $137,000 No Proposed Change Institute 12.4% Social Security Payroll tax on income in excess of $400,000

 



 


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