Thursday, May 13, 2021
On April 28, 2021, the White House issued a fact sheet which set forth some additional details on the tax increase proposals contained in President Biden’s “American Families Plan.” Many of these tax increases are focused on taxpayers having taxable income in excess of $1 million.
Reinstatement of the 39.6% Tax Bracket
Among the significant proposed tax changes is the reinstatement of the 39.6% tax bracket which was eliminated in the 2017 Tax Cuts and Jobs Act.
Increase to the Capital Gain Rate
A proposed tax increase that will likely significantly affect M&A activity and the real estate market is an increase to the capital gain rate for “households with income in excess of $1 million.” Under this proposal, the capital gains rate would be equal to the top rate applicable to individuals, which under the President’s proposal would be 39.6%. It is assumed that this 39.6% rate would apply to the portion of capital gain in excess of $1 million with a lower rate imposed for capital gain that is less than $1 million. However, to date, it is unclear if this two rate structure is intended. The 39.6% rate would be in addition to the 3.8% Net Investment Income Tax, for a top marginal rate of 43.4%.