The Changing Landscape of Taxes

Get ready for higher taxes! The Obama administration is pushing for changes to tax law, along with more regulatory oversight of the financial sector by the end of this year. Here's a quick intro regarding what policy and tax law changes we might expect, and how these new rulings could impact investors.

Prepare for Tax Increases

With President Bush’s tax cuts expiring at the end of 2010,the timing for tax reform is even more critical. As the deadline approaches,and with President Obama calling for tax hikes on the top two tax brackets, lawmakers are expected to take action before the cuts expire. Indeed, many experts see those top two tax brackets moving from 33% and 35%, to potentially 36% and 39.6% for those earning about $250,000 or more a year.

Without a doubt, the economic stimulus package, the bailouts, plus the cost of proposed new social programs such as health care, will contribute to a significantly higher deficit. So, the current administration wants to try and offset some of these new federal expenses with the revenues collected from higher taxes for "the rich".

Look for Estate Tax Reform

With estate taxes set to temporarily disappear in 2010, we should expect changes to estate tax law before changes to income tax law. The disappearance of estate taxes would eliminate revenue that Capitol Hill clearly needs as it looks to decrease its deficit. It is highly unlikely that Congress will let the estate tax drop to zero in 2010, particularly at a time when our fiscal policy is in the red.

Another reason Capitol Hill is likely to address estate tax law quickly, is that rules set to take effect at the start of 2010 will make it exceedingly complicated for heirs to figure out exactly what they owe to the government when they get their inheritance.

Heirs lose the stepped-up basis in determining the beneficiary capital gains tax starting in 2010, which means they would pay taxes based on the original cost of assets held in the estate, not their worth at a parent’s death. So the savings in estate tax is tempered by increased income taxes imposed on the heirs. Of course, that means tracking down cost basis will be more nightmarish then ever before. This change, if it passes, will be interesting from an administrative perspective.

It is widely expected that Capitol Hill will approve new legislation that would grant a $3.5 million exemption per person, with a 45% rate on anything above that.

Watch for Changes to Dividend Taxes

Another area to keep an eye on is dividend taxes. Taxes on qualified dividends have been at a maximum 15% since 2003—previously the average dividend tax rates were at roughly 28%. But the current rate is scheduled to sunset at the end of 2010 if lawmakers do not authorize changes.

President Obama’s administration has supported increasing these rates for individuals in the top two tax brackets to 20%, beginning in 2011.

According to the current proposal, taxpayers in the lower tax brackets would see their rate stay at 15%, and the lowest tax bracket would see the rate remain at zero. Of course, the outcome may be entirely different in the end.

But unlike the rush to address estate taxes, modifying dividend taxes is not likely to happen until 2010 and is not expected to be effective until 2011. Still, investors and their advisers should be aware of possible changes as they build and adjust their clients’ portfolios.

Consider Municipal Bonds

With income tax rates expected to rise for those in higher-income brackets, certain investors would do well to look to municipal bonds. Municipal bonds, now thought to be undervalued, is expected to increase in value as the public starts to feel more confidence about the financial stability of states.

Some investors have been worried that states will not be able to pay their bonds, devaluing the bonds’ worth. However, the stimulus package is now trickling much needed cash flow down to the states which need it most, alleviating that concern to some extent, which should help the bonds to increase in value.

Expect More Regulation

Investors may also find the increased oversight projected for the financial sector attractive, as regulation is expected to make the way investments are run clearer. In the wake of the meltdown that has affected financial markets, especially the derivatives area, hedge funds and big banks, investors now want more lucidity in their investments. It's about time!

This trend is already apparent in recent legal changes imposed on the credit card industry with the government cracking down on credit card terms that have grown increasingly confusing to consumers.

We'll see how all of this unfolds. Stay tuned for more details as they become available.

Call for Action to Investors!!

The market news from Wall Street has been positive for a change. But like me, are you wondering if Congress is ever going to change the way Wall Street takes risks with your money?

Right now Congress is looking at the big problems associated with the AIG and credit default problems, but sometime in the near future they will be looking at how to reform the way Wall Street brokers give you financial advice.

To those listeners out there who are still upset with Wall Street misconduct, in a minute I’m going to explain how you can do something about it.

By way of background, the whole advisor area needs serious reform. Years ago your parents clearly knew who was a stockbroker and insurance agent, because that’s what they called themselves. Pretty simple.

The problem is they no longer call themselves brokers or insurance agents. Today the preferred titles are financial advisor, financial consultant, wealth adviser, retirement specialist – the list goes on and on. In reality, brokers and insurance agents are still regulated as sales people and the bottom line is they still need to meet sales quotas to stay in business. This is hugely different from licensed professionals like doctors and lawyers, who are required to act in your best interest. Many in the listening audience may be aware that I am a registered investment adviser, which is different from the brokerage side of the business. Investment advisers, like doctors and attorneys, are required to legally act in your best interest, not meet production numbers.

I believe that if someone talks the talk, they should walk the walk. In other words, if someone markets themselves as a trusted advisor, they should be required to act in your best interest and to disclose conflicts of interest. Some of the conflicts that need to be pro-actively disclosed but are either posted somewhere on a regulatory website or not at all are sales bonuses or payment incentives that might lead a salesperson to recommend a product that benefits them or their firm more than you. Even worse, if they’ve been in trouble with the law before or sued for bad investment advice, current law doesn’t require them to disclose it to you upfront. Investment advisers are required to disclose all of these things.

So here’s what you can do. Grab a pen and write this down. If you know of the name of your members of Congress – including your two senators, there are two easy way to contact them. Call the Capitol Hill Switchboard in Washington, D.C. at 202-224-3121, that’s 202-224-3121, and they will be happy to connect you to either your house or senate member. Just be prepared to leave a short message, since odds are your senator or representative is busy.

If you don’t know your congressperson’s name, or you want to contact them by email, just go to www.congress.org, enter your home address and zip code in the appropriate box and you will find a list and links to your congressperson and senators where you can contact them directly with your own message.

The message is pretty simple. Tell them that a) you are an investor and voter, b) that you are upset with Wall Street greed, and c) the public needs congress to come up with common-sense regulation of all financial advisors. Tell them that no matter if the adviser is regulated under insurance, banking, or brokerage laws, if they are giving investment and retirement advice to the public, they should be subject to a fiduciary standard that requires them to put your interest first. You deserve no less than that.

For more info on the differences between advisors, click on my article here.