Holly Magister, for Forbes writes: Several years ago Warren Buffett made his opinion clear about how he
felt wealthy Americans should pay more in federal income taxes.
Specifically he cited income from investments, which are subject to a
lower tax rate. He also held the opinion that it is unfair our tax code
provides a tax break on earnings over the Social Security Wage Base
Limit ($113,700 in 2013). Wage earners over the limit do not pay Social
Security taxes on the excess.
While Mr. Buffet’s suggestions have yet to be fully adopted by
Congress, the need to fund the Affordable Care Act (ACA) mirrors his
sentiments and has given rise to two new taxes collectively referred to
as the Obamacare Medicare Tax.
I find the use of the term Medicare Tax for the new taxes confusing
on several levels. First because Medicare taxes are withheld presently
from an employee’s paycheck at the rate of 1.45% plus an employer
matched rate of 1.45%, for a total tax rate of 2.9%. Whereas, what is
widely referred to as the new Obamacare Medicare Tax is actually a tax
on passive investment income and is known as the Net Investment Income
Tax (NIIT). The second area of confusion is the new tax’s rate. It is
3.8%, not 2.9%.
To further complicate matters, there is another new tax referred to
as the Obamacare Medicare Tax or Medicare Surtax. This one applies to
the wages and self-employment earnings of high income taxpayers. This
tax is 0.9% and is similar to the NIIT in that it is applied to wages
and self-employment income when a taxpayer exceeds certain Modified
Adjusted Gross Income thresholds.
To me it seems reasonable to assume the new Obamacare Medicare Tax
would equal the current Medicare Tax rate of 2.9% and would be applied
to the taxpayers’ passive investment and earned income if they exceed
the income thresholds as defined in the new law. However, this is not
the case. The two new Obamacare Medicare Taxes total 4.7% instead of
2.9%: 3.8% Tax on Net Investment Income plus 0.9% Tax on Wages and
Self-Employment Income equals 4.7%.
If the new taxes were not referred to as Medicare Taxes, I wouldn’t
have attempted to make mathematical sense of the new tax rate. However,
my nature is to add things up and when I do and they total 4.7% instead
of 2.9%, I wonder if I am the only taxpayer confused by the math and
fuzzy language?
For these reasons, I personally would prefer to call the two new
taxes the Buffett Tax. Nevertheless, for the purposes of this article
and Infographic, we’ll stick with its commonly known name: the Obamacare
Medicare Tax.
In part one of this two-part Infographic series, the expiring tax credits and tax deductions on December 31st, 2013 were summarized.
In this post, I summarize how the new Obamacare Medicare Taxes may
apply to successful entrepreneurs and other taxpayers, and if so what
exactly is included in its computation.
The New 3.8% Obamacare Medicare Tax May Apply
For successful entrepreneurs and other taxpayers who have Modified
Adjusted Gross Income in excess of the “applicable thresholds” defined
by the IRS, and have Net Investment Income, according to the definition
set forth in the IRS Final Regulations, the 3.8% NIIT will apply when
filing their 2013 personal income tax return. The Net Investment Income Tax Regulations were
released on November 26th, 2013 giving taxpayers and their advisors
very little time to fully understand the impact this new tax will have
on the 2013 federal tax returns.
The new NIIT will apply to taxpayers in 2013 who report Net
Investment Income on their federal tax return and have Modified Adjusted
Gross Income (MAGI) in excess of their respective filing status
thresholds:
• Married Filing Separate threshold for NIIT is $125,000.
• Single, Qualifying Widow(er) or Head of Household threshold for NIIT is $200,000.
• Married Filing Jointly threshold for NIIT is $250,000.
It’s important to note that if a taxpayer’s MAGI does not exceed the
threshold noted above, they do not need to worry about the new Net
Investment Income Tax.
Likewise, a taxpayer without Net Investment Income to report on their 2013 tax return may disregard this new tax altogether.
What is Net Investment Income?
In general terms,
the new Net Investment Income Tax (NIIT) applies to income which is
passive in nature. Included in the computation of Net Investment Income
are the following forms of income:
• Interest, dividends, royalty income, non-qualified annuities and rental income
• Income from businesses trading financial instruments and/or commodities
• Income from Passive Activity Businesses
• Net gains from the sale of stocks bonds and mutual funds
• Capital Gain Distributions from Mutual Funds
• Gain from the Sale of Investment Real Estate and Interests in a Passive Income Business
• Gain from the taxable portion of the Sale of a Personal Residence subject to regular income tax
What is NOT Net Investment Income?
It’s worth clarifying for readers which forms of income are not considered to be Net Investment Income (NII):
• Wages earned and Self-Employment Income
• Income from an Active Trade or Business
• Unemployment Benefits and Alimony Income
• Excluded portion from regular income tax on the Sale of a Personal Residence
• Tax Exempt Interest Income
• Social Security Benefits
• Certain Qualified Pension Plan Distributions
The New 0.9% Obamacare Medicare Surtax May Apply
Taxpayers who are employees and/or have self-employment income with
Modified Adjusted Gross Income in excess of the respective filing status
thresholds below will be subject to the new 0.9% Medicare Surtax in
2013:
• Married Filing Separate threshold for 0.9% Medicare Tax is $125,000.
• Single, Qualifying Widow(er) or Head of Household threshold for 0.9% Medicare Tax is $200,000.
• Married Filing Jointly threshold for 0.9% Medicare Tax is $250,000.
Tax Planning is Not a DIY Project
The Obamacare
Medicare Taxes are new in 2013 so properly planning for them by making
adequate tax deposits, if sufficient federal tax has not been withheld
by the taxpayer’s employer during 2013, is highly recommended. This is
not a Do It Yourself Project! The complexity involved with the new
Obamacare Medicare Taxes, particularly with respect to the proper
classification of rental, passive and active income precludes most
successful entrepreneurs and other taxpayers from planning for and
filing their own income tax returns.
Furthermore, the additional taxes imposed by Obamacare give rise to
the need for entrepreneurs to revisit with their advisors matters
related to their business entity structure, their various entity and
personal income and tax liabilities and last, but not least, their net
cash flows in order to sustain a viable business in the future.
Friday, December 20, 2013
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