1empireofpain
Margaret Fuller 2 360x1000
1lafayette
Adam Gopnik 360x1000
2lookingforthegoodwar
Spottswood William Robinson 360x1000
Learned Hand 360x1000
1gucci
George M Cohan and Lerarned Hand 360x1000
Anthony McCann2 360x1000
11632
7confidencegames
2jesusandjohnwayne
2albion
Susie King Taylor2 360x1000
LillianFaderman
13albion
Stormy Daniels 360x1000
Margaret Fuller 360x1000
Edmund Burke 360x1000
2trap
3confidencegames
Richard Posner 360x1000
Mary Ann Evans 360x1000
Thomas Piketty1 360x1000
4confidencegames
Office of Chief Counsel 360x1000
AlexRosenberg
1falsewitness
2gucci
14albion
Maria Popova 360x1000
Susie King Taylor 360x1000
Thomas Piketty3 360x1000
Margaret Fuller1 360x1000
Anthony McCann1 360x1000
2defense
George F Wil...360x1000
Lafayette and Jefferson 360x1000
1madoff
9albion
Thomas Piketty2 360x1000
storyparadox3
Ruth Bader Ginsburg 360x1000
2transadentilist
3theleastofus
1paradide
7albion
5albion
2falsewitness
5confidencegames
399
lifeinmiddlemarch2
James Gould Cozzens 360x1000
Samuel Johnson 360x1000
8albion'
499
Maurice B Foley 360x1000
Betty Friedan 360x1000
3defense
1lauber
1defense
1trap
11albion
2lafayette
3albion
Margaret Fuller5 360x1000
10abion
lifeinmiddlemarch1
Margaret Fuller2 360x1000
6albion
Margaret Fuller4 360x1000
Brendan Beehan 360x1000
Tad Friend 360x1000
storyparadox2
3paradise
1lookingforthegoodwar
2theleastofus
1theleasofus
6confidencegames
1transcendentalist
Margaret Fuller3 360x1000
Gilgamesh 360x1000
2paradise
Storyparadox1
1confidencegames
299
1jesusandjohnwayne
199
4albion
1albion
Mark V Holmes 360x1000
2confidencegames
12albion

Originally published by Forbes.com.

Is it too soon to do tax planning around the upcoming election? Maybe, but I think we can consider starting planning to plan and the Tax Foundation is going to make it easier for us as they present the alternative tax plans of the various candidates.

Getting Organized

I managed to get some pretty specific tax positions from the Bernie Sanders campaign, which I shared with you last weekend.  It is pretty clear that if, like it or not you are “feeling the Bern”, you may want to look at your estate plan and possibly make some moves that you have been putting off and possibly gear up to be ready to accelerate capital gains.  I wanted to see if I could come up with similar ideas assuming other winners, but I have been having trouble gathering good information.  Thank God, for The Tax Foundation.  They are assembling the tax reform proposals of the 2016 Presidential candidates on a website. That’s the good news.

Limitations

The bad news is that there is not much information there, yet.  I spoke with analyst Scott Greenberg about the limitations of the data.  The website only includes statements that the candidates have made about their tax ideas since January 1, 2015.  They also have not included vague statements about simplifying the code, raising or lowering rates by unspecified amounts or closing loopholes.  “..these broad aspirations are no substitute for concrete policy proposals”.  The Tax Foundation chart also does not include statements about using tax policy as a tool to provide health insurance subsidies or reduce greenhouse gases or other policy ends – “the chart only captures candidates’ positions regarding the major structural elements of the federal tax system”.

I asked Scott why they didn’t include Ted Cruz’s plan to shut down the IRS.  My planning take away from the Cruz proposal was that if you were confident he would be elected and would follow through, you could just stop filing and paying now, since there would not be anybody to enforce the law by the time they got around to chasing you.  The Tax Foundation viewed Cruz’s “plan” if you could call it that more as an administrative reshuffling, since apparently other agencies would take up the remaining duties of the IRS.  So I guess my “If you think Cruz is going to win, just stop paying” idea is not that great.

I also wondered why Jill Stein wasn’t included.  Scott told me that they drew the list from the New York Times.

Here Is What They Have So Far

Given those constraints the chart is pretty meager at this point.  Rand Paul and Marco Rubio are on the record about rates.  Paul calling for a flat 14.5% and Rubio for two rates 15% and 35% with the higher rate kicking in at $75,000 ($150,000 for a married couple).

On capital gains Hillary Clinton has a proposal to stagger the long term rate out to six years in increments.  Rand Paul would have capital gains at 14.5%, which apparently is his flat rate.  According to the chart Bernie Sanders has a proposal to increase the net investment income surtax to 10%.  That was not in the summary I got from the Sanders campaign, for whatever that is worth.

Rand Paul would replace the corporate income tax with a 14.5% business transfer tax.  (I’m going to have to look into that further).  Marco Rubio would lower the top corporate rate to 25%.  Rubio and Paul would eliminate the estate tax.  Sanders would lower the exclusion to $3.5 million and raise rates topping at 65% for billionaires.

That is not a lot, but Scott assured me that the chart will be updated as candidates release their plans.

If You Will Be Giving Do It Sooner Rather Than Later

There doesn’t seem to be much there to do a lot of planning with. I have two things I would consider though. One is that if your estate is north of $5 million, you should really look at using up your unified credit ideally with a technique like a family limited partnership that leverages the credit. The other argument I would make is that if you have been contemplating doing something big involving a charitable deduction, it would be wise to do it sooner rather than later. Even Sanders is not calling for a higher maximum individual rate so you don’t have that reason to hold off. There is a lot of talk about closing loopholes and even a proposal to limit the value of charitable contributions to 28%. On the other hand, you have Rubio and Rand calling for lower marginal rates. Either way the argument is strong that you should make major charitable moves sooner rather than later.