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Biden's 2025 Budget Proposals

3,720 Views | 31 Replies | Last: 8 mo ago by htxag09
YouBet
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AG
Thought I would share these here in case you haven't seen them. I've bolded the ones that might directly impact the lolpoors on this board.

You are rich if you make $400k.

Individual Income Tax Proposals
  • Impose a 25% minimum tax on the total income, including unrealized capital gains, of taxpayers with over $100 million in wealth.
  • Increase the top marginal tax rate from 37% to 39.6% for single taxpayers with taxable income over $400,000 and married taxpayers filing a joint return (MFJ) with taxable income over $450,000.
  • Increase the top long-term capital gains rate from 20% to 39.6% for taxpayers with taxable income over $1 million.
  • Increase the .9% Medicare surtax to 2.1% on earnings over $400,000.
  • Increase the Net Investment Income Tax rate from 3.8% to 5% for taxpayers with over $400,000 of income.
  • Apply the Net Investment Income Tax to pass-through business income not subject to self-employment tax for taxpayers making over $400,000 ($200,000 for married filing separate (MFS)).
  • Increase the child tax credit from $2,000 to $3,600 per child under the age of 6 and $3,000 per child aged 6-17, make the credit fully refundable, and reinstate monthly payments of the credit.
  • Make the income exclusion for student loan forgiveness permanent.
  • Provide a refundable credit to qualified home sellers and first-time homebuyers of up to $10,000. The credit would start to phase out if the individual's modified adjusted gross income (AGI) exceeds $100,000 ($50,000 for MFS).
  • Limit the gain that a taxpayer can defer in a 1031 exchange of real estate to $500,000 per taxpayer per year ($1 million for MFJ).
  • Tax any gain recognized upon the disposition of depreciable real property which is attributable to depreciation as ordinary income, rather than the 25% long-term capital gain rate which is generally applied under current law. This provision would only apply to depreciation claimed after the effective date of this provision, and it would only apply to taxpayers with an AGI of $400,000 or more ($200,000 MFS).
  • Tax income from carried interests in investment partnerships held by individuals with total income in excess of $400,000 at ordinary tax rates.
  • Make the excess business loss limitation permanent.
  • Adopt rules to limit the tax benefits of private placement life insurance and annuity contracts, including taxing the death benefit as ordinary income to the extent the investment value of the contract exceeds the investment in the contract, treating any distribution to a policyholder or beneficiary as coming from the income of the policy first, and imposing an additional 10% tax on any taxable distributions.
  • Apply the wash sale rule to digital assets and transactions by related parties.
  • Repeal expensing of intangible drilling costs and the exclusion from the passive loss rules for working interests in oil and gas properties, in addition to changing a number of other rules relating to oil and gas interests.

Retirement Proposals
  • Prohibit high-income taxpayers2 from rolling over or transferring funds from a non-Roth employer-sponsored plan or traditional IRA into a Roth IRA - this would kill the Backdoor Roth option.
  • Require high-income taxpayers with over $10 million cumulatively in all of their tax-favored retirement accounts to distribute 50% of that excess balance, with additional distribution requirements imposed if their aggregate retirement account balances exceed $20 million.
2 A high-income taxpayer is defined as a taxpayer with a modified AGI of over $450,000 if MFJ, $425,000 if head-of-household, and $400,000 in all other cases.

Transfer Tax Proposals
  • Treat transfers of appreciated property by gift or at death as taxable dispositions, subject to a $5 million per-donor lifetime exclusion and unlimited marital and charitable exclusions.
  • Treat distributions of appreciated property by a non-grantor trust as taxable dispositions, in addition to requiring trusts, partnerships, and other non-corporate entities to recognize unrealized gain from property that has not been involved in a taxable transaction within the prior 90 years.
  • Treat sales and exchanges between a grantor and an irrevocable grantor trust as taxable transactions.
  • Classify unreimbursed income taxes paid by the grantor on the income of an irrevocable grantor trust as a gift.
  • Treat loans made by a trust to a beneficiary of the trust as a distribution for income and generation skipping transfer (GST) tax purposes.
  • Treat the repayment of loans made by a trust to the deemed owner of the trust as an additional contribution for GST tax purposes.
  • Impose a $50,000 per year cap on the total transfers to most trusts that can qualify for the annual exclusion, regardless of the number of donees involved. The proposal would also lift the present-interest requirement for these transfers. This $50,000 aggregate annual cap would be in addition to the current $18,000 per donee annual cap.
  • Change GRAT rules, including imposing a 10-year minimum term, prohibiting a non-taxable substitution of assets, and requiring the remainder interest to have a minimum value equal to the greater of 25% of the value of the assets transferred to the GRAT or $500,000.
  • Limit the beneficiaries eligible to receive GST tax-free distributions from a GST-exempt trust to only the transferor's grandchildren or younger beneficiaries who were alive at the creation of the trust, or to more remote descendants who benefit from a taxable termination while a grandchild or other descendant living at the creation of the trust is still alive.
  • Restrict the use of valuation discounts on transfers of real estate, non-publicly traded entities, and other hard-to-value assets.

Business Proposals
  • Increase the corporate income tax rate from 21% to 28%.
  • Increase the rate of the corporate alternative minimum tax imposed on large corporations (generally, over $1 billion of average adjusted financial statement income) from 15% to 21%.
  • Increase the excise tax on stock buybacks from 1% to 4%.
  • Reform a number of international tax rules.
jja79
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AG
I assume his family members are exempt from the taxes.
Aggie71013
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From a personal perspective, this will impact very few on this board. Even killing the backdoor Roth is a bit over reactionary. Only kills it for those with income above 425/450k plus MAGI. From IRS 2021 figures (last year available) only 2% of filers made more than this number.

Business increases are more concerning.
JobSecurity
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Why are so many 400 for single but 450 MFJ? Marriage penalty...
Pinochet
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You must be new here. Everyone on TA is making millions.
Pinochet
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Maybe one of the CPAs who actually does the estate planning work can help me out, because I have never signed a gift or estate return. If you make the transfer by gift or bequest a taxable transaction up to the $5M exclusion, don't you just give the recipient in a gift scenario a higher basis for loss? And isn't estate and gift tax at the highest marginal rate, so you give the ability to take advantage of graduated and preferential rates? Not really sure what is accomplished by that if you have an exclusion.
P.H. Dexippus
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We have a bipartisan spending problem, and this proposal only encourages it.
YouBet
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Aggie71013 said:

From a personal perspective, this will impact very few on this board. Even killing the backdoor Roth is a bit over reactionary. Only kills it for those with income above 425/450k plus MAGI. From IRS 2021 figures (last year available) only 2% of filers made more than this number.

Business increases are more concerning.


It concerns me because it's ongoing class warfare. What should be happening is a recalibration of the tax income brackets that results in the bottom 55% of the population having to pay something. Anything.

I realize that will never happen and we will just keep incrementally soaking the "rich". Granted, most of these aren't expected to get through Congress but we shall see.
Spaceship
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Here's my counter proposal:

1. Spend less
bmks270
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Seems a lot of provisions around cap gains and trusts.

Remember, anything that negatively affects how congress grows or keeps wealth won't pass.

This is DOA.
jamey
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P.H. Dexippus said:

We have a bipartisan spending problem, and this proposal only encourages it.


Voting Democrat or Republican is a vote for financial disaster. We need a semi serious 3rd party or independent. There's nothing serious about the R or D party. Both behave like a 14 year old girl dropped off at the mall with someone else's credit card
I bleed maroon
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Yeah - I think almost all of these are non-starters. Not zero chance, but that's the median expectation on each of these.

Just a thought experiment: What if Biden (or Trump) proposed this simple tax increase - would any of you support it?

Roll-back the Trump individual tax rate decreases, with the stipulation that every dollar raised will have to go to either direct reduction of the national debt, or seeding the establishment of a true social security trust fund.

I'd like to see a politician propose something simple and straightforward such as this - and I think the market would applaud it (fiscal responsibility -or- running social security like any other pension plan). Raising corporate taxes are a fool's errand when we already have one of the highest rates in the world. Our individual tax rates would still be among the lowest in the world if those were increased back to where they were 5-6 years ago.
Brian Earl Spilner
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Mega backdoor Roth is unaffected, correct?
YouBet
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I bleed maroon said:

Yeah - I think almost all of these are non-starters. Not zero chance, but that's the median expectation on each of these.

Just a thought experiment: What if Biden (or Trump) proposed this simple tax increase - would any of you support it?

Roll-back the Trump individual tax rate decreases, with the stipulation that every dollar raised will have to go to either direct reduction of the national debt, or seeding the establishment of a true social security trust fund.

I'd like to see a politician propose something simple and straightforward such as this - and I think the market would applaud it (fiscal responsibility -or- running social security like any other pension plan). Raising corporate taxes are a fool's errand when we already have one of the highest rates in the world. Our individual tax rates would still be among the lowest in the world if those were increased back to where they were 5-6 years ago.
I probably wouldn't protest the first option. I do not understand why no one proposes raising the max income threshold for the SS tax. That seems like an easy one to get passed. You would simply have more paychecks that look like the first of the year vs the latter part of the year when you've hit the limit.

Most people would never even notice that. I'm not advocating it because I don't want the government to get any more SS money than they already do. I'm just surprised no one ever proposes it.
Ag CPA
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The bigger issue for many of us is going to be most of the Trump tax cuts/changes expiring at the end of next year.
YouBet
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Ag CPA said:

The bigger issue for many of us is going to be most of the Trump tax cuts/changes expiring at the end of next year.


It will be an issue for the majority of American tax payers. Those tax cuts impacted over 80% of the tax paying populace.
mosdefn14
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Brian Earl Spilner said:

Mega backdoor Roth is unaffected, correct?


In what I read this week, Mega backdoor is killed in this proposal. After Tax 401k is a "non-roth employer sponsored plan".
Brian Earl Spilner
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Gd it. Here we go again.
Pinochet
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I think someone proposes that every year. The issue is that it's hard to continue to say "this is just for SS benefits" when you use it to close broader tax gaps or pay for other things. The low income don't understand what it means, so I think you'd need someone who wants to say he voted to raise SS taxes on the country in order to pay for something else (or to pay for nothing else). Nevermind that SS is a house of cards and that would help. Letting me stop contributing to give up any SS in the future would also help overall, but that's not on the table.
aggiebq03+
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Just remember, for those thinking this won't affect them, the income tax started at just a lowly 1% and only on "the wealthy"…
Ag92NGranbury
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Carried interest loophole should have been fixed years ago
YouBet
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aggiebq03+ said:

Just remember, for those thinking this won't affect them, the income tax started at just a lowly 1% and only on "the wealthy"…
Yep. I never rule these things out no matter how low the likelihood. They will rape you if you let them.

Their strategy is incrementalism. Always be taking from you however which way they can. See frog in boiling water.
Pinochet
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Ag92NGranbury said:

Carried interest loophole should have been fixed years ago

Everyone talks about this as a loophole but then they get mad that you can't take unlimited capital losses. Carried interest taxed the way it is makes sense unless you don't understand taxes beyond what's written in short articles for big newspapers. Carried interest is an easy thing for everyone to get mad about because most people don't understand it.
MaxPower
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The only credit I will give the Dems is at least their tax and spend plan is coherent. Spend more, tax more. The republicans love to decrease taxes and forget about the reduce spending part. Dems are always willing to compromise on taxation if you let them keep spending.
P.H. Dexippus
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You're giving them way too much credit. They aren't raising taxes to balance the budget. They're doing it under the mistaken beliefs that (1) the economy is a zero-sun game, and the "rich" must be punished; and (2) it's their money (not yours), and that reduced taxes is giving away their money.
Ag92NGranbury
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i do understand it... i'm very conversative as well... but it is a massive tax loophole that needs to be closed
Jason_Roofer
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This is a pretty rough proposal for business owners and investors. This is what makes Biden and democrats dangerous for the economy. MOST of the people that read this aren't affected and all is well. However, there are a lot that are affected in terms of business, investments, and real estate, and in case people don't understand(l, this trickles down to everyone. Not happy about this. It punishes those that are successful and keep this economy moving. If you don't like the costs of things now, you sure won't like it later because, while I can't speak for everyone, I can say I am not in business for fun. I'm in business for profit and to be self sufficient and I will remain that wa as long as I'm breathing. Someone's paying for this…..
Infinity Roofing - https://linqapp.com/jason_duke --- JasonDuke@InfinityRoofer.com --- https://infinityrooferjason.blogspot.com/
PeekingDuck
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  • Repeal expensing of intangible drilling costs and the exclusion from the passive loss rules for working interests in oil and gas properties, in addition to changing a number of other rules relating to oil and gas interests.

This is a big deal. And not just for those investing in O&G.
Fightin_Aggie
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JobSecurity said:

Why are so many 400 for single but 450 MFJ? Marriage penalty...
You know why

They are evil
The world needs mean tweets

My Pronouns Ultra and MAGA

Trump 2024
Bogey1996
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Doesn't really affect me, but taxing unrealized gains for the super wealthy is a non starter. How do you tax on something you don't have. Also changing the long term tax rate, even though I am not close to that limit, seems like could affect some close to retirement.
deddog
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Aggie71013 said:

From a personal perspective, this will impact very few on this board. Even killing the backdoor Roth is a bit over reactionary. Only kills it for those with income above 425/450k plus MAGI. From IRS 2021 figures (last year available) only 2% of filers made more than this number.

Business increases are more concerning.


Increase Corp Tax to 29%. Ghastly idea
htxag09
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Bogey1996 said:

Doesn't really affect me, but taxing unrealized gains for the super wealthy is a non starter. How do you tax on something you don't have. Also changing the long term tax rate, even though I am not close to that limit, seems like could affect some close to retirement.
It's a nonstarter for how long, though?

I mean we already do something similar with property taxes....
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