Why 2024 Is a Pivotal Year for Taxes

Q&A June 04, 2024 at 05:23 PM
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Jeff Bush of The Washington Update

The Tax Relief for American Families and Workers Act of 2024, H.R. 7024, which includes 100% bonus depreciation and other tax benefits for businesses, is unlikely to pass this year, as the election nears and its chances of getting a vote on the Senate floor dwindle.

But the 2024 election sets up an even bigger tax fight that will have a major impact on advisors and their clients. Most of the Trump-era tax cuts passed in 2017 — including lower income tax rates and the doubling of both the standard deduction and the lifetime estate and gift tax exclusion — are set to expire at the end of 2025.

In a recent email exchange with ThinkAdvisor, Jeff Bush of The Washington Update called the business tax bill modest and bipartisan and said he had hoped it would be attached the farm bill, which must pass before the fiscal year ends on Sept. 30.

"Given the differences between the two parties, I think a simple extension, beyond the election, of the farm bill is more likely," he said.

The 100% bonus depreciation provision, which began to phase out in 2023, was a part of the 2017 tax overhaul, Bush notes. The Tax Relief for American Families and Workers Act also allows for immediate research and development expensing and expands the Child Tax Credit.

But there are lots more potential tax changes on the horizon for advisors to watch, Bush tells ThinkAdvisor, given the upcoming election and a Supreme Court decision on the constitutionality of taxing unrealized gains as income.

THINKADVISOR: The Tax Cuts and Jobs Act (TCJA) of 2017 will expire at year-end. What does this mean for advisors?

JEFF BUSH: Advisors need to understand the 2024 election sets the course of the country's taxation for the next decade.

At the end of the year, barring any tax reform legislation, [most of] the Tax Cuts and Jobs Act (TCJA) of 2017 will expire as if it never existed. In this scenario, Washington does not agree on tax reform next year, and we would return to the 2017 tax code with the limits indexed for inflation.

It is a pivotal year in proving whether the tax philosophy of tax cuts provides outsized GDP growth and higher revenues, therefore "paying for themselves," or whether the country needs to rethink its current tax posture to reflect the changes in our demographics and wealth distribution. What is exciting about 2025 is that every voter can weigh in on this issue in November with their vote.

Every financial advisor should pay close attention to this election. The potential uncertainty of the outcome underscores the need for preparedness and vigilance. Failure to do so is professional negligence. The election will have a dramatic impact on money management moving forward. Advisors need to prepare clients, and their portfolios, for a possible shift in taxation philosophy.

Republicans and Democrats have different views on tax reform. What should advisors be watching for this year?

The two parties have hugely different visions for the tax code. Republicans suggest we should double down on the TCJA, while Democrats want the code to more closely track the country's wealth disparities. This stark contrast underscores the significance of the election's potential impact on tax reform and wealth management.

If either party sweeps in 2024, what direction do you envision the tax code going?

If the Republicans keep the House and take back the White House and Senate, they want to extend the TCJA pretty much as is. Numerous GOP members believe that the economic upheaval of COVID-19 tainted the real impact of the tax changes, and it simply needs more time to prove its ability to grow GDP and, therefore, be a win-win for taxpayers and the economy.

If the Democrats win back the House and keep the White House and Senate, they've promised a 180-degree shift in taxation. Basically, it would be a return of the Build Back Better tax increases discussed in 2021. They hesitated to pull the trigger during COVID, but expecting them to be as timid in 2025 is naive.

What if neither party sweeps and we have split power in 2025?

If the election results in split control in DC, a negotiated tax reform effort will result, the direction of which is hard to predict. I often share with my audiences a political axiom: Once tax reform is on the table, everything is on the table, making predictions difficult.

We can make some assumptions going in. If we assume the Democrats' primary goal is to increase the progressivity of the tax code, and the expiration of the TCJA accomplishes this, then expiration is not an unsatisfactory outcome for the Democrats.

Politically speaking, they could blame the Republicans for it. The speech writes itself. "Don't blame us Democrats for the tax increase. The Republicans wrote the bill in 2017. They could have made the changes permanent in 2017 but chose not to." This ignores the legal constraints on the reconciliation process used to pass the TCJA, which hand-tied the Republicans. But, as often said, do not let the facts get in the way of a good political line.

If the above is correct, and in a split-power negotiation, there is simply an imbalance in motivation setting up in 2025, where the Democrats can get 80% of what they want by not doing anything but making perfunctory efforts at negotiating.

Democrats' pledge not to increase taxes on filers earning less than $400,000 is a complication for them. This may well set the table for negotiations. For those filers earning less than $400,000, the TCJA would remain in place, and it expires for those earning more than $400,000. There's a reasonable probability of this outcome in a split-power negotiation.

The Supreme Court's decision in June on the constitutionality of taxing unrealized gains as income has huge implications. Can you explain what's at stake?

If the court finds taxing unrealized gains and income unconstitutional and the Republicans control at least one of the House, Senate or White House, it forces the Democrats to try and hold to their promise of not increasing taxes for those earning less than $400,000 at a minimum. If the court finds it constitutional and they keep control of two of the House, Senate and White House, it emboldens Democrats to push the tax code in the direction of taxing these forms of income and gains.

This would be a wholesale change in how advisors manage many clients' portfolios, scrambling conventional asset location strategies.

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