It is possible that a gridlocked Congress could fail this year to deal with the estate tax and related issues, issues that are the lynchpin of the insurance industry's place in the financial world.
Joe Lieber, a policy analyst at Washington Analysis, says the conventional wisdom is that Congress will deal with the issue in a lame-duck session after the election. His view is echoed by the Association for Advanced Life Underwriters, which anticipates that much of the action around the estate and gift taxes will occur late in the year, most likely after the November elections.
Be that as it may, this is one case where conventional wisdom may not work, especially on an issue with so many moving parts. That is not good news for the markets.
Without legislative action, the estate tax reverts Jan. 1, 2013 to 2001 levels, which entails a $1 million exemption and a 55% rate. Also at stake is unification of the gift and estate taxes, which were included in the late 2010 tax package.
A third 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.
At the same time, William Sweetnam, a lawyer at the Groom Law Group in Washington, D.C., who implemented the Bush tax cuts while at the Treasury Department, says the retirement provisions in the Bush tax cut proposals will not be affected. They were made permanent in the 2006 Pension Protection Act, along with increased contribution limits to retirement plans, creating the Roth 401(k) and a catch-up provision on retirement plans for those over 55.
The irony is that the estate tax and retirement policy issues so important to the insurance industry are not what Congress and the Obama administration are fighting about.
Instead, the battle between Democrats and Republicans in Congress is whether the cut in individual tax rates under the Bush tax policy should be ended for the wealthy, while the ones for those earning $125,000 individually and $250,000 a couple should be retained. Another issue is whether the capital gains rate should remain at 15%.