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Outline
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The Economic Growth and Tax Relief Reconciliation Act of 2001
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The Economic Growth and Tax Relief Reconciliation Act of 2001
  • Overview:
    • Largest tax cut ($1.35 trillion) since 1981
    • Long phase-in of tax cuts.
    • Tax cut provisions terminate after           December 31, 2010.

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The Economic Growth and Tax Relief Reconciliation Act of 2001
  • Four Main Areas:
    • Individual Income Tax Reductions
    • Education Provisions
    • Estate Tax Reduction/Repeal
    • Retirement Savings Incentives

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Individual Income
Tax Reductions
  •  Tax Rate Cuts
  •   Removes Hidden Rates
  •   Family Focused Tax Cuts


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The Tax Rate Cuts
  • Marginal tax rate cuts across the board for individuals.
  • New 10% bracket retroactive to beginning of 2001.
  • Rate reductions in higher brackets begin in 2001 - fully phased in by 2006.
  • New 10% bracket provides immediate relief.
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The Tax Rate Cuts
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The Tax Rate Cuts
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The Hidden Rates
  • Eliminates two provisions that increase effective marginal individual income tax rates
    • Repeal of the Phase-Out of Itemized Deductions
    • Repeal of the Phase-Out of Personal Exemptions
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Family Focused Tax Cuts
  • “Marriage Penalty” Relief
    • Joint filers standard deduction twice that of singles
    • 15% bracket for joint filers widened to twice that of singles

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Family Focused Tax Cuts
  • Child Tax Credit Doubles
    • Increase credit over 10 years

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Family Focused Tax Cuts
  • Adoption credit permanent:
    • increases the credit and the exclusion from income for employer-provided adoption assistance to $10,000; and,
    • raises the beginning point of the phase-out limitations to $150,000.
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Family Focused Tax Cuts
  • Dependent care credit increases:
    • maximum credit rate - from 30% to 35%;
    • start of the phase-down at $15,000 rather than $10,000; and,
    • limit on eligible expenses from $2,400 to $3,000 for one child and from $4,800 to $6,000 for two children

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Alternative Minimum Tax
Growing Impact on Middle Class
  • More taxpayers subject to AMT Taxes
  • No Change to AMT Tax Schedule
  • Slight increase in AMT Exemption



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Planning for Decreasing Tax Rates
  • For 2001
    • Consider deferring income
    • Accelerate tax deductions you’d take in 2002
    • Prepay annual charitable contributions in December; and
    • Prepay state tax liabilities.
  • For 2002
    • delay the receipt of bonuses or the exercise of nonqualified stock options;
    • Participate in qualified retirement plans; and
    • Participate in deferred compensation plans.
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Education
Provisions
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Education Provisions
  • An above-the-line tax deduction for qualified higher education expenses
    • Definition of expenses is same as those eligible for the HOPE and Lifetime Learning Credit
    • Cannot take deduction and claim HOPE or Lifetime Learning credits in the same year with respect to the same student.
    • Effective for tax years 2002 through 2005.
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Education IRA Provisions
  • Annual contribution limit raised to $2,000.
  • Contributions can be made up to April 15.
  • Increases the AGI phase-out ranges to twice the range of single filers.
  • Definition of “Qualified education expenses” is broader.
  • Includes elementary and secondary school tuition--public and private.
  • Effective for the 2002 tax year.
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Education Provisions
  • Expansion of the student loan interest deduction beyond 60 months.
    • Raises the income phase-out.
    • Repeals both the annual dollar limit on the amount of the deduction and the 60-month limit.
    • Allows the deduction of voluntary interest payments.
    • Effective for interest paid after 2001.
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Education Provisions
  • Section 529 plans
    • Expanded to include approved private colleges and universities;
    • Distributions are tax free if used to pay education expenses.
    • Effective for the 2002 tax year for state plans
    • Effective for private colleges in 2004.
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Education Provisions
  • Permanent Extension of Exclusion for Employer-Provided Education Assistance
    • $5,250 annual employee exclusion for employer-provided education assistance was set to expire after 2001.
    • Expands the exclusion to include graduate studies.
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Education Planning
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Estate Tax
Provisions
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Estate Tax Overview
  • Modest reform / relief for next nine years
  • No Change for 2001
  • Suspension (repeal) for one year (2010)
  • Existing law and its limits return in 2011


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Exemption Equivalents
2001 - 2015
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Maximum Estate Tax Rates
2001 - 2015
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Gift Tax Not Repealed
  • Gift tax exemption increases to $1 million in 2002 but not higher
  • Gift tax rates are reduced along with estate tax rates through 2009
  • Beginning in 2010, gift tax rate equals highest income tax rate of 35%
  • Purpose is to prevent income-shifting
  • Also subject to “sunset” in 2011


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Modified Carryover Basis
  • Step-up in basis rule eliminated in 2010
  • Carryover basis except for:
    • Up to $1,300,000 of general basis increase can be allocated to property regardless of recipient
    • Up to $3,000,000 of spousal property basis increase can be allocated to property passing to spouse outright or as QTIP


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Modified Carryover Basis
(continued)
  • Exclusions
    • Gifts within 3 years of death
    • IRD assets
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GST Changes
  • 2002: Exclusion is not rolled back from $1,060,000 (2001) to $1 million in (2002)
    • Indexing of GST Exemption continues until 2004
  • GST Exemption then tracks Unified Credit increases


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Other estate changes
  • Reduction of state death tax credit
    • 2002 - 25% / 2003 - 50% / 2004 - 75%
    • 2005 repealed & replaced by a deduction for death taxes
  • Repeal of 5% surtax applicable to transfers greater than $10million
  • 2004 brings the repeal of the family-owned business deduction.
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Estate Planning
  • Estate Planning is more important than ever!
  • Create or update your estate plan
  • Focus on Flexible Planning


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Estate Planning
  • Explore Gifting Strategies
    • Annual Exclusions/Unified Credit
    • Charitable Gifting
    • 529 Plans
    • Low Cost Basis Assets
  • Record Keeping
  • Life insurance has an important role over the next 9 years and beyond


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Retirement Savings
Provisions
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Retirement Savings
and Pension Reform
  • Higher contribution limits for Retirement Plans. Traditional & Roth IRAs, SIMPLE IRAs, 401(k), 403(b) & 457 Plans
  • Catch-Up Provisions
  • Plan portability
  • Additional highlights
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Increase for Traditional and Roth IRA Contributions
  • Starting in 2002 annual IRA limits will  be raised
  • Individuals age 50 or older are allowed catch-up contributions to their IRAs
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Increase for SIMPLE IRA & SIMPLE 401(k)  Plans
  • Starting in 2002 annual elective deferral limits increase
  • Participants age 50 or older may elect catch-up deferral contributions
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Substantial Increases for Contributions to 401(k), 403(b), 457 and SARSEP Plans
  • Larger plan contribution limits to retirement plans
  • Participants age 50 or older may elect catch-up deferral contributions


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A Tax Credit for Saving
  • Participants entitled to a tax credit for contributions to retirement savings
  • Includes IRAs, SEPs, SIMPLE, 401(k), 403(b) and 457 Plans
  • Tax credit equals 50% of deferrals up to $2,000
  • AGI must be under $25,000 (single) or $50,000 (married / joint filer)
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Portability of Benefits
  • Enhanced Portability of retirement accounts beginning in 2002
  • Permits rollover of after-tax contributions from a retirement plan to an IRA or other type of plan
  • Ability to rollover governmental 457 plans to IRAs or other qualified accounts
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Additional Changes
  • Profit sharing plan tax deduction limit increases to 25% of compensation
  • Participant limit for additions increases to 100% of compensation up to $40,000
  • Plan loans permitted to owners of unincorporated businesses and sub S corporations
  • Tax credit for plan start up costs for small businesses
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Retirement Savings
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Retirement Savings
  • Employees:
    • Take into consideration, new payroll withholding taxes will increase your take home pay in 2001
    • Add this increase to your retirement savings
    • Review your employer retirement plan savings elections in November and December
    • Make changes effective January 1, 2002
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Retirement Savings
  • Employers:
    • Review your plan design and modify where necessary
    • Do employee education seminars to encourage participation
    • If you don’t have a plan, start one!
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Tax Reform = Planning
  • Multiple phase in and out provisions can cause confusion
  • Ignoring changes may result in missed opportunity
  • Review your situation
  • Be prepared before 2002 gets here!