Some Potential Tax Law Modifications That You Can Expect – A Study by William D. King

By  //  November 9, 2021

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The Democratic tax strategy has now been translated into tangible legislative text thanks to the House action. Despite the fact that the tax package survived many days of mark-up without undergoing any major modifications, it nonetheless provides a starting point within the parliamentary process.

It will be combined with other expenditure titles in a larger reconciliation measure to form a comprehensive tax reform package. Several of the House tax proposals are still up for debate, and they might be dramatically altered in order to win Democratic support even before the bill is brought to the House floor. Discussions with Democratic moderates inside the Senate would also continue to influence the legislation.

Deferral of Gain from Like-Kind Exchanges should be repealed-William D King

The House Tax Plans do not handle a loophole in the United States tax system that was already covered in President Biden’s legislative tax proposals within Green Book. This is a significant omission from the House Tax Proposals. Section 1031, sometimes known as a like-kind exchange, permits the transfer of real estate without the creation of a tax period for the purchaser if certain requirements are satisfied.

According to Section 1031, taxpayers are allowed 180 days after the initial transfer of ownership of the real property to acquire a replacement asset, with the appreciated value being deferred until a later date. 

The Green Book aimed to eliminate like-kind exchanges for purchases or swaps of land and buildings in cases where the yearly gain deferral could exceed $500,000 for solo taxpayers or $1 million for married people combined income in the year of the sale or exchange. Any profit in excess of these criteria would be recognized by the taxpayer during the year in which the real property was transferred to the taxpayer’s possession.

People who have been hurrying to finalize their exchanges before the end of this year will rest assured that this tax-saving method will be available for the coming years.

Seeking the help

Taxpayers now have actual legal wording to use in determining the exact possible impact of the proposal on their tax and business planning decisions, which was previously unavailable. William D King says that the current version, on the other hand, is far from being a finished product, and the bill’s success is not certain.

Taxpayers should keep an eye on the state legislature to observe how the plans change as the process progresses. Many taxpayers could also profit from tax preparation that is done ahead of time. A possible implementation date is included in the majority of the proposals, indicating that there is still a potential window of opportunity to prepare ahead of changes, taking advantage of rate arbitrage possibilities and mitigating the impact of unfavorable proposals.

Conclusion

Consequently, we highly advise you to examine your personal income tax and estate tax planning methods as a result of this development. Consider consulting with your legal and financial specialists to learn more about these potential tax changes and how they could affect you personally.

Your Wealth Management team may also wish to participate in the discussion says William D King. If you make any preparations, you may require additional time to put your plans into effect well before the end of 2021, especially because the specialists who incorporate these plans (attorneys, CPAs, and appraisers) are extremely busy assisting a large number of clients with the potential upcoming adjustments.