Life insurance industry lobbyists and lawyers believe that several proposals for tax increases affecting the industry will be included in the proposed budget for 2013 that the Obama administration will unveil Feb. 13.
Officials of the Association for Advanced Life Underwriters (AALU) believe that the administration's proposed budget will again include provisions affecting Corporate-Owned-Life- Insurance (COLI) and insurers' dividend received deduction for separate account products (DRD).
"If so, the AALU and the broader industry will again work vigorously to combat such proposals by successfully educating legislators about the critical benefits provided by life insurance products and insurers," AALU officials said.
At the same time, these officials believe that it will not be until the lame duck session of Congress after the election that the fate of the Bush tax cuts, which expire at the end of the year, will be decided. These include the details of the estate tax going forward.
Officials at the AALU "anticipate" that "much of the action around the estate and gift taxes will occur late in the year, perhaps after the November elections."
Currently, if the Bush tax cuts are not extended, the estate tax reverts as of January 2013 to $1 million, and a 55 percent tax rate.
Also at stake is unification of the gift and estate taxes, which were included in the late 2010 tax package.
Another issue is portability. Under the 2010 tax law, a married couple can take full advantage of the couple's combined $7 million estate tax exemption without creating a trust.
Only the retirement provisions of the Bush tax cuts will remain intact unless there is congressional action this year, according to William Sweetnam, a lawyer at the Groom Law Group in Washington, D.C.
They were made permanent by the Pension Modernization Act of 2006, Sweetnam said.
He said that these provisions, including increasing the limits on contributions to retirement plans; creating the Roth 401 (k); and adding a catch-up provision on retirement plans for those over 55, were made permanent in the 2006 Pension Protection Act.
Sweetnam helped implement the Bush tax cuts while at the Treasury Department.
He said the administration has delayed proposing its 2013 budget because it plans to propose changes in the current tax system and that it is taking Treasury Department officials some time to write these proposals.
"If you listened to the State of Union address, it is clear they will be proposing a lot of new legislation, and delaying disclosure until Treasury officials can prepare a detailed list of tax proposals.
"These are going to be very complex; that is why they need the extra time," Sweetnam said.
Sweetnam suggests that amongst the proposals will be one for a millionaire's tax.
As for the Bush tax cuts, Sweetnam said that if a Republican wins the presidency, and win both the House and Senate, there will be less of a likelihood that something is done in the lame duck session because Republicans will have much more flexibility if they will be in control in 2013.