Many people I spoke to prior to the end of 2010 wondered what would happen to capital gain tax rates on January 1, 2011. Some even jumped through hoops to complete the sale of property before the end of the year. As it turned out, the boys in Congress extended the capital gain rates in mid December; for at least for two years. Thanks guys.
What to do now? Do you understand how Congresses actions will affect you? If not, you’re not alone. Now that we are well into 2011, here are some details about what it all means. I’m not an accountant by any means. However, here is a brief summary of portions of the Tax Relief, Unemployment Insurance Reauthorization and Jobs Creation Act of 2010 (not surprisingly referred to as “the extension of the Bush Era Tax Cuts”) which are likely to impact real estate investors.
Capital Gain and Dividend Rates – Current rates were extended for two-years for all taxpayers with a maximum rate of 15% for both.
Personal Tax Rates – Current rates were extended for two-years for all taxpayers with the top rate remaining at 35%.
Social Security Tax – The employee tax rate of 6.2% on the first $106,800 of wages drops to 4.2% in 2011.
Alternative Minimum Tax – Current exemptions were extended for all taxpayers for two-years.
Estate Tax – An exclusion amount of $5 million and a tax rate of 35% for amounts in excess of the exclusion was established for two-years; the exclusion will become indexed beginning in 2012.
Gift Tax – Like the Estate Tax, a Gift Tax exclusion amount of $5 million and a tax rate of 35% for amounts in excess of the exclusion was established for two-years, with the exclusion being indexed beginning in 2012.
Other Extensions – The $1,000 child credit; an additional standard deduction for real-estate taxes; extension of 15-year cost recovery for certain leasehold improvements, restaurant buildings and qualified retail improvements (through 2011); and the extension of various energy credits (through 2011).
Although the legislation provides some certainty for two years, we will find ourselves dealing with this question again in 2012. Since that is also an election year, it may be interesting. Stay tuned!