US and Canada Tax Changes
US and Canada Tax Changes
US and Canada Tax Changes
The Proposed Regulations provide guidance on the meaning of dividends for this purpose. Any item treated as a dividend
under chapter 1 is a dividend for purposes of NII, including but not limited to:
i)
Constructive dividends
ii)
Amounts treated as dividends under sections 1248(a), 1.367(b)-2(e)(2), and 1368(c)(2)
iii)
Distributions and gains that are treated as excess distributions under section 1291 that are dividends.
Calculate Additional Medicare Tax (i.e., 0.9%) on any wages in excess of the applicable
threshold for the filing status under Part I, II, III and IV of Form 8959. The Additional
Medicare Tax flows from Part IV of Form 8959 to line 60 of Form 1040.
Note: If excess additional Medicare is withheld, a credit can be claimed against total tax liability on
the U.S. tax return.
To the extent Additional Medicare Tax is not withheld by the employer, the taxpayer must pay the
tax. The tax could be paid by making an estimated tax payment(s). However, any estimated tax
payments made will apply to any and all taxes on the taxpayers tax return, including any Additional
Medicare Tax. One cannot designate any estimated payments specifically for Additional Medicare
Tax.
Example 1:
Carl, a single filer, has $145,000 in self-employment income and $130,000 in wages. Carls
wages do not exceed $200,000. Therefore, Carls employer did not withhold Additional Medicare
Tax. However, the $130,000 of wages reduces the self-employment income threshold to $70,000
($200,000 threshold minus the $130,000 of wages). Carl is liable to pay Additional Medicare Tax
on $75,000 of self-employment income ($145,000 in self-employment income minus the reduced
threshold of $70,000). Carl must file Form 8959.
Example 2:
Erin and Frank are married and file jointly. Erin has $150,000 in wages and Frank has $175,000
in wages. Neither Erin nor Frank has wages that exceed $200,000. Therefore, their employers did
not withhold Additional Medicare Tax. However, their combined $325,000 in wages exceeds the
$250,000 threshold for joint filers. Erin and Frank are liable to pay Additional Medicare Tax on
$75,000 of wages ($325,000 in wages minus the $250,000 threshold). Erin and Frank must file
Form 8959
Reinstatement of Itemized Deductions Phase out and Personal Exemptions (PEP & Pease
limitations)
The Act has also reinstated a permanent personal exemption phase-out (PEP) and limitation on
itemized deductions (Pease) 2. This limitation is applicable to taxpayers with AGI over $250,000
(single filers) and $300,000 (joint filers). After being eliminated in prior years, these two
provisions now effectively increase marginal tax rates.
PEP: The personal exemption increased by $100 to $3,900 for 2013 and $3,950 for 2014. For
each $2,500 of earnings over the threshold, the personal exemptions are reduced by 2 percent.
As a result for the year 2013, personal exemptions completely phase out at AGI of $422,500
for married filing joint returns and at $372,500 for single filers.
Pease: Itemized deductions will be reduced by the lesser of: 3% of AGI over the above
mentioned applicable threshold or 80% of itemized deductions. It applies to deductions for
taxes, mortgage interest expense, charitable contributions, and miscellaneous itemized
deductions, but it does not apply to investment interest expense, casualty losses, medical
expenses, or gambling losses.
As an example, a married couple filing a joint return has an AGI of $440,000 and total
itemized deduction of $10,000, entirely due to charitable contributions. They will have zero
personal exemptions due to complete phase out as their AGI is more than the upper limit of
$422,500. Their itemized deductions would reduce by $4,200 [3% x(440,000 less 300,000)].
The Act provides permanent relief from the individual AMT, thus ending what had become an
almost annual ritual in Congress of adopting temporary patches to address the fact that the
AMT was not previously indexed for inflation.
The Act indexes the exemption amounts under the individual AMT annually for inflation starting
in 2013. The change provides greater protection from the AMT, particularly to taxpayers who
claim large itemized deductions for state and local taxes and those who have a large number of
dependents.
The Act also allows nonrefundable personal credits to be taken against the AMT starting in 2012
Increased tax rate spread will make taxpayers less susceptible to AMT (39.6% highest ordinary
tax rate versus 28% highest AMT rate). The more compressed rate spread under prior law had
made taxpayers more susceptible to AMT (35% highest ordinary tax rate versus 28% highest
AMT rate).
The Act also retroactively extended through 2013 the ability for taxpayers age 70 or above to
distribute up to $100,000 annually from individual retirement plans for charitable purposes.
The Act also allows individuals to convert any portion of their balance in an employer-sponsored
tax-deferred retirement plan into a Roth account under that plan. Note that this option is only
available if employer plan sponsor includes a Roth feature within the plan. The amount converted
would be subject to regular income tax.
The maximum earnings subject to the Social Security tax for the year 2013 are $113,700 and
$117,000 for 2014.
Foreign earned income exclusion amount is $97,600 for 2013 and $99,200 for 2014.
Flexible spending accounts now have a $2,500 annual cap for the first time. These pretax
accounts, used to pay for family medical expenses, had no federal caps previously, although most
employers had imposed a $5,000 cap.
College tuition breaks were extended. Through the American opportunity tax credit, a credit of up
to $2,500 in 2013 and 2014 per student for first four years of higher education expenses paid.
Lifetime credit is 20% of tuition paid up to $2,000 per return for 2013 and 2014. Both credits are
subject to income limitations.
The child and dependent-care credit remains at a maximum 35 percent of $3,000 ($1,050) in
qualified expenses for one dependent grandchild, or a spouse who needs care while you work,
and 35 percent of $6,000 ($2,100 for two or more).
Annual contributions to plans such as 401(k) are at a maximum $23,000 for 2013 and 2014
$17,500 in regular contributions, plus $5,500 in catch-up contributions for those 50-plus.
The threshold on medical deductions increased. You can only deduct medical expenses that
exceed 10 percent of your adjusted gross income (up from 7.5 percent in 2012). However, if you
are 65 or older, the threshold stays at 7.5 percent. Beginning in 2017, everyone will be subject to
the 10 percent limit.
On a related note, the maximum on deductions for long-term care insurance premiums rose. This
is a tax break that many people don't know about. If you're age 51 to 60, you'll be able to deduct
up to $1,360; age 61 to 70, up to $3,640; after 70, up to $4,550 for such premiums.
An increase in the top marginal rate to 39.6 percent on ordinary income and 20 percent on
qualified dividends and long-term capital gains (up from 35 percent and 15 percent in 2012,
respectively) for trusts, beginning at $11,950 of taxable income in 2013;
Note that the act did not provide a 35% rate for the fiduciary returns; the table under Sec. 1(e)
after amendment provides rates of 15%, 25%, 28%, 33%, and 39.6%, the latter with a threshold
for 2013 of $11,950, which is the top bracket threshold. The new net investment income tax of
3.8%, also applies starting in 2013 to the lesser of (1) undistributed net investment income of the
trust or estate, or (2) its adjusted gross income, above this top bracket threshold.
Of the Acts extension of dozens of temporary business incentives, the most popular is likely the
higher dollar limits and phase-out thresholds for expensing of business equipment under Sec. 179.
The Act has extended through 2013 the $500,000 dollar limitation and phase out threshold of $2
million in the cost of Sec. 179 property placed in service during the tax year. It offers the most
flexibility for small businesses to write off business assets they acquire and to avoid depreciation
calculations. However, for the year 2014 the expensing limit is scheduled to revert to $25,000,
with a phase-out threshold of $200,000.
In addition, the Act extended through 2013 many temporary business tax deductions and credits
including, but not limited to, bonus depreciation for qualified property, the research and
experimentation credit, the subpart F active financing income exception, and the look through
treatment of payments between related controlled foreign corporations (CFCs) under the foreign
personal holding company rules.
For Quebec, the fourth bracket will be 25.75% for income over $100,000.
New maximum Canada Pension Plan (CPP) contribution limit and Employment Insurance (EI)
premium for 2013
Maximum CPP contribution limit: $2,356.20 ($2,307 for 2012) for each of the employer and the
employee.
Maximum EI premium: $1,247.57 ($1,176 for 2012) and $891.12 ($840 for 2012) for the
employer and the employee respectively.
Prescribed Federal interest rates for first three quarters of 2013
For overdue taxes, CPP contributions and EI premiums: 5%
For non-corporate taxpayer overpayments: 3%
For corporate taxpayer overpayments, calculation of taxable benefits for employees and
shareholders for certain loans: 1%
For spousal loans: 1%
Prescribed Federal interest rates for fourth quarter of 2013
For overdue taxes, CPP contributions and EI premiums: 6%
For non-corporate taxpayer overpayments: 4%
Chapter 1 - Annexure A
Source: The 2014 Essential Tax and Wealth Planning Guide Deloitte US
These illustrations will serve to help you understand how the increased tax rates, the new Medicare taxes and PEP and
Pease limitations will affect certain taxpayers.
In all three illustrations, the taxpayers are New York State residents filing jointly, and have three children.
Illustration #1
Executive taxpayer facts:
Taxable W-2 wages of $200,000
Qualified dividends: $10,000
Long-term capital gain: $0
Itemized deductions
Charitable Contributions: $10,000
Mortgage Interest: $15,000
Property Taxes: $10,000
State Income Taxes: $12,000
2012 Tax
Year
Wages
Interest & Dividends
Total Income
Total Adjustments
Illustration #1 Results
Assuming the taxpayers earned the same
amount of income in 2012 and in 2013, they
would actually have a 2% reduction in taxes
from 2012 to 2013 of approximately $786
due to the following:
2013 Tax
Year
Difference
200,000
200,000
10,000
10,000
210,000
210,000
210,000
210,000
Personal Exemptions
19,000
19,500
Charitable Contributions
10,000
10,000
Taxes
22,000
22,000
Interest Expense
15,000
500
Itemized Deductions:
3% AGI Floor
Total Itemized
47,000
15,000
47,000
66,000
66,500
500
Taxable Income
144,000
143,500
(500)
27,060
26,733
(327)
6,515
6,156
(459)
33,675
32,889
(786)
-2% Decrease
Chapter 1 - Annexure A
Source: The 2014 Essential Tax and Wealth Planning Guide Deloitte US
Illustration #2
Senior Level Executive taxpayer facts:
Taxable W-2 wages of $800,000
Qualified dividends: $50,000
Long-term capital gain: $75,000
Itemized deductions
Charitable Contributions: $80,000
Mortgage Interest: $35,000
Property Taxes: $40,000
State Income Taxes: $60,000
2012 Tax
Year
2013 Tax
Year
Difference
Income:
Wages
Interest & Dividends
Capital Gains & Losses
Total Income
Total Adjustments
AGI
Personal Exemptions
800,000
800,000
50,000
50,000
75,000
75,000
925,000
925,000
925,000
925,000
19,000
(19,000)
Itemized Deductions:
Charitable Contributions
Taxes
Interest Expense
3% AGI Floor
80,000
80,000
100,000
100,000
35,000
-
35,000
(18,750)
(18,750)
Total Itemized
215,000
196,250
(18,750)
234,000
196,250
(37,750)
Taxable Income
691,000
728,750
37,750
185,990
211,731
25,741
30,860
11,279
(19,581)
4,469
4,469
4,950
4,950
232,429
15,579
216,850
7% Increase
Illustration #2 Results
Assuming the taxpayer earned the same amount of income in 2012 and in
2013, the taxpayer would pay approximately 7% more, equal to $15,579 in
additional tax in 2013 due to the following:
Loss of $19,000 in personal exemptions due to the reinstatement of PEP
limitation.
Reduction of $18,750 in overall itemized deductions due to the
reinstatement of the 3% of AGI Pease limitation.
Increase in regular income tax of $25,741 due to increased ordinary income
tax rates and loss of deductions cited above. Note however, due to the
increase in regular tax, the AMT was reduced by $19,581. For a net increase
in total income tax of $6,160.
Additional tax of $4,950 of FICA-HI equal to 0.9% surtax on earned wages
in excess of $250,000.
Additional tax of $4,469 of net investment tax income equal to 3.8% on
investment income after allowable deductions (including allocable state
income taxes).
Chapter 1 - Annexure A
Source: The 2014 Essential Tax and Wealth Planning Guide Deloitte US
Illustration #3
Illustration #3 Results
Assuming the taxpayer earned the same amount of
income in 2012 and in 2013, the taxpayer would
pay approximately $136,413 in additional tax (29%
increase) in 2013 due to the following:
2012 Tax
Year
2013 Tax
Year
1,000,000
1,000,000
500,000
500,000
Difference
Income:
Self-employment income
Interest & Dividends
Capital Gains & Losses
1,000,000
1,000,000
Total Income
2,500,000
2,500,000
Total Adjustments
(20,215)
(20,440)
(225)
AGI
2,479,785
2,479,560
Personal Exemptions
19,000
(225)
(19,000)
Itemized Deductions:
Charitable Contributions
250,000
250,000
Taxes
268,000
268,000
3% AGI Floor
(65,387)
(65,387)
Total Itemized
518,000
452,613
(65,387)
537,000
452,613
(84,387)
Taxable Income
1,942,785
2,026,947
84,387
349,114
456,317
107,203
76,726
44,370
(32,356)
Self-Employment Tax
38,232
40,880
2,648
52,856
52,856
6,062
6,062
600,485
136,413
464,072
29% Increase