Capital Gains Tax Rates Headed Higher After 2008 Election?

Our oft reviled President Bush helped pass significantstructure past 2010. However, McCain voted "no" on
tax reduction bills in both 2001 and in 2003. The 2003both the 2001 and 2003 tax rate reduction bills. So
bill lowered the maximum tax rate on long term (capitalrealistically, the likelihood of the 15% dividend tax rate
assets held more than one year) from 20% to 15%.and capital-gains tax rate remaining past 2008 is
The maximum tax rate on corporate dividends wasperhaps less than 50-50 at this point. The Danger
lowered even further from a maximum tax rate ofWhen Bill Clinton signed his big tax increase bill in 1993,
38.6% to 15%. Maximum tax rate on all income wasthe economy had been expanding for more than two
lowered from 38.6% to 35%. Capital asset investorsyears, and was able to power through the negative
(stocks, bonds, real estate etc.) seem comfortable witheconomic impact of the hikes. In 2009, the United
the idea that the existing tax rates on dividends, capitalStates might be just emerging from a nasty downturn.
gains and earned income will stick around until at leastBased on history, an increase in the capital gains tax
the end of 2010--their scheduled expiration date. Thewould cause a net decrease in tax revenue at the
odds of that occurring are, at best, 50-50 at this point.very time when business needs to be stimulated! All
Tax policy can be structured to achieve one or morecandidates must take this into account when
of these three goals:considering a tax increase.
Real Estate Investment Impact
1. To provide government services to citizens;Any increase in tax rate means more total dollars in
2. To direct capital expenditures within the economy;the hands of government and less in the hands of the
3. To redistribute wealth from those who have it toprivate sector. In general, this will mean increased
those who don't.challenges to holding onto your hard won wealth. What
Democratic candidates for president have notis your best strategy in this market? For Real Estate
disavowed the trial balloons by Democratic membersinvestors, Section 1031 of the IRS tax code is one of
of Congress to hike tax rates. What this meansthe last bastions of legal tax reduction. A 1031
Investors can expect higher tax rates post-2008exchange allows you to exchange your existing
should a Democrat become president. None of theproperty for another property and defer paying the
Democratic candidates for president has articulated acapital gains tax. As the capital gains tax rate
private sector pro-growth tax policy. Instead, theirincreases, the value of doing a 1031 exchange
orientation appears to be toward wealth redistributionbecomes more valuable to the investor! Tax deferral
via higher tax rates. During the recent debate betweenunder section 1031 can mean tax avoidance over time.
Democratic politicians, Obama indicated that heThink of the tax deferred under a Section 1031
wanted to almost double the maximum tax rate onexchange as an interest free loan from the
capital gains from 15% to 28%. Clinton has stated thatgovernment--just what is needed in these unsettled
her maximum tax rate on capital gains would be 20%.times!
Both of these candidates have indicated a willingnessEmbedded in Section 1031 are creative tax planning
to raise taxes on dividends and on income of otheropportunities. The capital gain tax calculator found at
categories. The existing tax rates are historyElection Calculator, will let you estimate the possible
post-2008 should a Democrat win control of the Whiteimpact of the increased taxes on a real estate
House in this fall's election. That message is clear frominvestment and the value of using the Section 1031
Democrats on the House Ways and Meansexchange. Remember to work with a Qualified
Committee who have already released a plan to hikeIntermediary who is bonded and insured. You can
personal tax rates.create a winning strategy, regardless of who wins the
On the other side is McCain, who has recently stated2008 Presidential Election!
his support for extending the present tax-rate