Be prepared for when Trump’s tax cuts expire next year, and taxes for most Americans will increase (Episode #293)

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Well, good afternoon, Michiganers.
It is Tuesday, January sixteenth, twenty

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twenty four, and of course this
is Tuesday with Tom, Michigan's only weekly

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podcast where we answer your questions about
estate planning and a state settlement in Michigan,

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and we don't send you a bill. I'm your host, Tom Doyle,

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a state planning attorney, lifelong Michigan
resident, and an ambassador for all

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things good in this great state of
Michigan. Welcome, welcome, welcome to

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today's program. Just a brief note, happy to report I think I mentioned

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it perhaps in the last episode.
We now have a new website for Tuesday

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with Tom, So check out the
new website let us know what you think.

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One of the things that you can
do with the new website there's a

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little microphone on the website. So
if you're listening to an episode and you've

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got some question or some thoughts on
that episode, or perhaps what else you

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would like to have me cover in
the future, just click on that microphone.

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You'll be able to send me a
recorded message. Speaking of last week's

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episode, it was a twenty twenty
four law update. I talked about many

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of the legal changes that were coming
about in this year. So if you've

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got questions about changes in twenty twenty
four law, perhaps it had to do

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with taxes or the pro code or
anything else along those lines, then I

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invite you to listen to last week's
episode, but kind of continuing along if

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you will, the same theme today's
show is to be prepared for when Trump's

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tax cuts expire next year and taxes
for most Americans will increase. But please

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remember what I'm about to discuss is, as always for educational purposes only.

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It is not intended to be legal
advice. You need to work with your

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attorney and your tax advisor and financial
advisor to determine what is appropriate for you

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and your estate. Be prepared for
when Trump's tax cuts expire next year and

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taxes for most Americans will increase.
If you look at during Donald Trump's time

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as president, he passed and signed
or he signed what had been passed as

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he Tax Cuts and Jobs Act,
and that was in twenty seventeen. And

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as a result of that law,
there were a number of things that happened

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to reduce your potential tax burden,
including individual income tax bracket. There was

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a restructure of individual income tax brackets. The highest rate prior to that was

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thirty nine point six percent. It
dropped down to thirty seven percent. Also,

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the earnings that were subject to the
tax rate were also changed, so

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a single person had who now had
earnings, they could have over five hundred

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thousand dollars, where before it was
four hundred and twenty seven thousand dollars.

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That number is actually six hundred nine
thousand, three hundred and fifty dollars in

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twenty twenty four. Before you will
be subject to that highest rate of income

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tax. Married people prior to the
twenty seventeen tax at the amount that you

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could have when the tax rate started
kicking in, the highest rate was four

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hundred and eighty thousand dollars. That
number went up to six hundred thousand dollars

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and because of an inflation factor,
it is now seven hundred and thirty one

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thousand, two hundred dollars in twenty
twenty four. So for those of you

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at the highest earnings rate, significant
tax savings because the rate dropped from thirty

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nine point six percent to thirty seven
and the aunt mount of income that you

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could have before it was subject to
that highest rate also went up. Other

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tax brackets a thirty five percent state
at thirty five percent, thirty three percent

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dropped to thirty two, twenty eight
dropped to twenty four, twenty five dropped

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to twenty two, fifteen dropped to
twelve, So across the board there was

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a general reduction in the tax rate, and then the folks in the ten

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percent bracket stayed the same, So
significant income tax savings for individuals as a

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result of passing that statue. The
problem. The problem is that those reductions

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in the income tax brackets and the
amount of income that you can have before

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it's going to be subject to the
highest tax bracket will expire at the end

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of twenty twenty five. So at
the end of twenty twenty five, we're

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going to go back to the highest
rate of being thirty nine point six percent.

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We're going to go back to lower
amounts that you can have before it's

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going to be subject to that income
And across the board, the thirty three

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percent will return, the twenty eight
percent returns, the twenty five percent returns,

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etc et cetera. That is all
assuming that Congress does not enact any

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new legislation in the meantime extending those
cuts. Well If you look at what

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Congress has been up to lately,
they can't seem to agree upon anything other

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than continuing to kick the can down
the road when it comes to getting putting

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together a budget for the country.
I'm one of those people that is pessimistic

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about the possibility that Congress might do
anything that would positively impact those changes.

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So now you need to start planning. You need to look and say,

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Okay, if the tax rate's going
to expire, change go up and more,

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if my income is going to be
subject to tax at the end,

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what can I do Now? Now's
the time meet with your tax advisor to

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see what you might be able to
do, essentially to take advantage of the

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lower tax rates that are set to
go up in twenty twenty five possibility,

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and again these are things to talk
to your tax advisor about. Maybe you'll

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consider a wroth conversion wroth IRA conversion. Take a traditional ira, convert it

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to a wroth. Now, when
you do that, you're going to pay

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tax on the money, but by
converting it at a lower tax rate,

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you might be saving yourself to tax
in the long run. But if you're

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going to do it too, think
about this. You've got two years,

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so you can spread the conversion over
two years so you're not stuck with taking

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it all in one year. Another
consideration, perhaps you're going to defer deductible

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expenses, and we're going to talk
about what's going to happen with the standard

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deduction, but you might start looking
at what expenses you've got. Maybe you

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can defer some of those expenses until
the change in the tax law. Another

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possibility, maybe you confront load some
of your withdrawals from your pre tax accounts,

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so you got two years you know
you're going to be taking the money

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out of your pre tax accounts.
Maybe a traditional iray for one K.

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Whatever happens to be taking the proceeds
out now at a lower tax bracket might

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be a strategy that your tax advisor
and your financial advisor would recommend you consider.

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Deductible expenses. The other change another
change, not the An other change

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that occurred as a result of that
act was there was a change in the

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standard deduction amount. Standard deduction amount
was raised from sixty five hundred to twelve

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thousand dollars for a single person.
Standard deduction route was raised from thirteen thousand

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to twenty four thousand dollars for married
couple. What did that do for many

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people? They no longer itemized deductions
because we had the standard deduction that had

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been gone up to twelve thousand dollars
for a single person. So if you

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didn't have itemized deductions that would account
for more than twelve thousand, you were

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better off taking the increased deduction.
Married people, if you didn't have deductions

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that exceeded twenty four thousand, you
were better off taking that standard deduction.

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Well, at the end of twenty
twenty five, when these tax standard deductions

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increased, they are now going to
go back to what they want were in

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twenty twenty seventeen before they went up, which is essentially cutting the standard deduction

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in half. Well, if you
look at what you've been doing with the

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standard deduction, if you've been taking
it, but if it goes to half

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of what it is now, maybe
you will have deductions that will exceed that

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amount, and so you need to
revaluate and look at with your tax advisor

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what impact it might have on you
when the standard deduction is decreased by half

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at the end of twenty twenty five. So those are kind of on the

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income tax end of things changes.
Now, as I talked about in the

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last week episode two, we also
have to look at the federal estate tax

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exemption. So let me just review
that one more time with you. The

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federal state tax exemption is the amount
that you can have in your state before

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the federal government is going to collect
and estate tax at the time of your

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death. That exemption amount currently in
twenty twenty four is for a single person

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thirteen million, six hundred and ten
thousand dollars, Meaning what if you die

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this year and you are single,
and your state when you add it all

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up, does not exceed thirteen thousand, six hundred and ten dollars, you

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don't owe a federal state tax if
you have an estate that is over that.

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It's going to be a graduated scale
that tops out at forty percent.

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Married people twenty twenty four, you
can have an estate worth twenty seven,

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two hundred and twenty dollars. That's
the federal estate tax exemption amount essentially for

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the married people. Twice is what
the single amount is. And again,

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if you die this year and your
spouse dies this year and your state not

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exceed that amount, you won't have
a federal state tax du twenty twenty six.

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So this is when the twenty seventeen
law expires. That single thirteen million,

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six hundred and ten thousand dollars is
now going to drop by half over

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half to five million. Married people, it's going to drop by over half

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to ten million dollars. Now those
numbers will be adjusted for caught for an

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inflation factor. We're not really sure
what it's going to be, but guestimates

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are that five million might be more
in the range of six million or so,

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that ten million might be more in
the range of twelve million. But

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if you're counting on a federal estate
tax exemption of twenty seven million and now

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you only have twelve, or you're
counting on a federal state tax exemption of

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thirteen million and now you only have
six, you have some significant planning that

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you need to take it look at. And that planning is very much going

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to revolve around how can you what
are the options available to you? Perhaps

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to start looking at shrinking the size
of the estate. You might start using

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gifts more than you're using before,
or if you hadn't been using gift strategies,

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to use gifts as a way to
shrink the size of the estate.

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You might look at five twenty nine
plans as a way to shrink the size

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of the estate. And I've had
previous episodes on the program where I talk

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about the advantage of using a five
to twenty nine plan is that you can

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frontload it with five years worth of
gifts, so you can take what otherwise

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was let's say a six million dollar
exemption in twenty twenty six, front load

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that with five. Well, if
you look at a single person, now's

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got thirteen million, you can frontload
a lot of five twenty nine plans and

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look at potential federal state text safe. Now, the good news we have

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this concept of portability with spouses.
That's how we generally say spouses have that

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twenty seven million, two hundred and
twenty thousand, because we can essentially add

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both spouses federal state tax assumption together, and we're still going to have portability

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for spouses in twenty twenty six.
But now is a time to start looking

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at planning. Maybe you're going to
look with your financial advisor and tax advisor

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and conclude that, hey, my
estate, our estate is such that we

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can't reduce it. We don't really
have options available to us to reduce that

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estate below what it looks like the
exemption amount is going to be in twenty

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twenty six. So today, another
thing to start looking at today is a

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question of maybe now, and I've
talked about this in previous episodes, maybe

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now's the time to visit an islet
and irrevocable life life insurance trust and intervocable

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life insurance trust isn't a tax savings
it's a way to purchase life insurance,

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so where the proceeds of the life
insurance will be used to pay any federal

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state tax that you have. So
you buy a life insurance policy and when

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you die, those proceeds are used
to pay off the federal state tax that

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otherwise you weren't able to shrink your
estate enough to do that. Well,

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an islet, it's an irrevocable life
insurance trust. It buys the insurance policy.

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And so if you're going to look
at possibly buying insurance to provide the

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liquidity, maybe you're farmer who doesn't
have the liquidity to pay a federal state

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tax, or a small business owner
who doesn't have the liquidity to pay a

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tax. You don't want to have
to sell the farm in order to pay

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the tax. You don't want to
have to sell the business in order to

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pay the tax. You might using
life life insurance inside of an islet to

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do that, But now is the
time to start looking at that, because

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if you're looking at life insurance,
as we all know, you might have

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some health issues that arise between now
and the end of twenty twenty six that

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might preclude you or make it prohibitively
expensive to purchase the life insurance. So

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now's the time to start looking at
those options going forward. If you're going

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to look at life insurance as a
way to provide liquidity. The federal gift

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tax exclusion, as I talked about
in last week program, that's how much

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can you give anyone in any one
year before you have to worry about gift

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tax on it. In twenty twenty
four, that amount is eighteen thousand dollars.

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It's expected that that's going to go
up to nineteen thousand dollars next year.

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But kind of a strategy that is
oftentimes being used is can you make

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gifts keeping them below that eighteen thousand
or nineteen thousand, so that you can

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shrink the size of your estate that
would now be subject to federal estate taxes.

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And the good news, and I
talked about this in previous episodes,

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is let's say a single person today
gave away thirteen million, six hundred and

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ten thousand dollars that's the amount of
the federal estate tax exemption, and then

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they die. They would not have
any exemption left because they used it all

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up by deferring paying gift taxes on
that thirteen million, six hundred and ten

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thousand. The good news is,
according to the IRS, if you take

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advantage of that federal estate tax exemption. Now, let's say you gave away

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thirteen thousand, six hundred and ten
dollars, but now you die in twenty

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twenty six, when the exemption amount
is only five million, because you took

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advantage of the thirteen million, six
hundred and ten thousand, that is still

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going to be good for you.
It's not like when taxes are going to

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be calculated, they'll be working from
that five million dollar number. So there

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can be advantages potentially in making what
otherwise would be taxable gifts and using up

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some of that federal state tax exemption
between now and the end of twenty twenty

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six. Now, one thing,
one thing that the statute, the Tax

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Cuts and Jobs Act did do,
which is quote unquote permanent. If you

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think about anything that Congress is doing
is permanent. Is before that the maximum

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corporate tax rate was topped out at
thirty five percent. That change to a

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flat twenty one percent tax rate,
So for corporations there was a big change

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a tax savings, and the good
news for corporations is that that continues on

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past twenty twenty five. So really
talking about the impact that all of this

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is going to have on your individual
taxes and your estate, not talking about

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your corporate tax rate. So again
you need to start thinking about it and

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looking at it and planning for it, because if you wait until the end

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of twenty twenty six, it might
be too late if you needed to take

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advantage of let's again say doing a
roth Ira conversion over a couple of years,

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or defront loading withdrawals from your pre
tax accounts over a couple of years,

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which is why you need to start
looking at that with your tax advisors

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now rather than later. Of course, even though Amanda and I are not

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tax advisors, we can certainly look
at how that impacts your estate, what

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a state options you have, Maybe
you need that islet created for you.

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That's certainly something that we can do. Maybe you need some adjustments to your

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state plan, distributions, et cetera. Those are certainly things that we can

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work on with. So we would
love to have the opportunity to help you.

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Whether it's amending a plan that you
already have, putting a plan in

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place that will protect your loved ones
by having an appropriate state planning in place,

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or perhaps you need assistance in settling
your state. All of those things

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are certainly things that we can help
you out with. Simply go to DOYLEAWPC

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dot com. Go to our website. There you're going to find information on

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how you can schedule a consultation with
it with us. It might be a

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zoom or telephone conference, it might
be an in person consultation at the East

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Lansing office. All of that information
is available at Doyle LAWPC dot com.

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Also, just a simpler reminder,
if all you're looking for is a new

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document, maybe all you need is
a new durable power of attorney. You

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can simply go to the legal store, which you're going to find at Doyle

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LAWPC dot com. Click on the
link there and you will see information on

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how you can actually order individual documents
from us that we'll be able to be

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prepared and sent to you for execution. Well, that's going to be it

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for today's show. As always,
though, if you have a comment about

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the program or a topic that you'd
like to have me discuss, perhaps questions

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that you'd like to have answered,
send me an email Tom at Tuesday with

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Tom dot com or by using the
new website, whether you're doing it on

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a computer or doing it on your
smartphone, simply click on that microphone button

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and leave us the voicemail on a
topic that you would like to have us

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discuss or comments about the program.
Also encourage you to follow us on Facebook

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that would be Tuesday with Tom dot
com, follow the office at Doyle LAWPC,

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and of course we would request and
encourage you to invite your friends and

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family to follow us as well.
Remember to program is available on Apple Podcasts,

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Spotify, Google Podcast, iHeartRadio,
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channels for the program, including Amazon
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listen to your podcast, you can
likely find Tuesday with Tom and at those

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services and including at the website,
you can now set up your service to

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follow us so that you'll automatically be
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and as always too you can ask
your smart speaker to play Tuesday with Tom.

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Well, thanks again for spending some
of your time with us to do

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and as always, I hope that
you have an awesome day and an awesome

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week. Stay warm and stay safe. Tuesday with Tom has been brought to

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you by the estate planning attorneys at
Doyle Law PC. To learn how we

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can help you with your estate plan
or with settling a loved one's estate,

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00:23:56.400 --> 00:24:00.839
please call us today at five one
seven two three seven three six six.

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That's five one seven three two three
seven three six six