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Waiting Game on Taxes and Planning

January 28, 2025

Major tax legislation is likely on its way—keep an eye out for opportunity.

By all accounts, the November election was a key event when it comes to the tax landscape. President Donald J. Trump has called for an extension of his historic 2017 tax cuts, and has proposed a variety of other changes to help workers and the economy at large. With Republican control of Congress, he has the opportunity to enact much of his agenda. However, tight majorities in the Senate and especially the House suggest that he’ll need to maintain discipline in the GOP, potentially negotiating to resolve any differences on legislative specifics.

For taxpayers, this landscape currently allows for a wait-and-see approach. Most observers believe the president and his allies will start to tackle major legislation in the early months of the year (see “Trump 2.0: Built for Speed”), suggesting that there will be more clarity for informed planning choices as 2025 progresses. Gone is a sense of concern that generous tax provisions may expire, but it’s also true that a “heavy lift” lies ahead, so little should be assumed.

What can we expect from the new Trump administration? Below, are some of the major tax ideas that the president has laid out, as well as some high-level thoughts on what they could mean for tax planning. You’ll also find a broader checklist of key financial wellness ideas to consider as we move further into 2025.

Maintaining Momentum on Taxes

A core part of Trump’s agenda, as mentioned, is the extension of the tax reforms he introduced eight years ago. This would include extending or making permanent current rates and exemptions, such as the top income tax rate of 37% and estate and gift tax exemption of $13.99 million per individual,1 and extending the elevated standard deduction (currently $30,000 for married couples filing jointly) that is utilized by most taxpayers.

Trump would also offer new tax breaks in certain areas. For example, he has proposed to eliminate taxes on income from tips and Social Security benefits. He favors no longer taxing overtime pay and removing or raising the limitation on the state and local tax deduction (currently $10,000). To help the U.S. car industry, he has discussed making interest on auto loans tax deductible. During the election, Vice President JD Vance argued for raising the annual child tax credit from $2,000 to $5,000.

For businesses, Trump wants to maintain and expand current tax relief where it benefits the domestic economy. For example, he has proposed trimming the current 21% corporate tax rate to 20% generally and to 15% for companies manufacturing goods in the U.S. He would also reintroduce the 100% bonus depreciation rate and would extend the 20% pass-through deduction for partnerships, LLCs and S corporations.

In addition, Trump plans to use tariffs to generate leverage with trading partners and geopolitical adversaries, and more broadly to help support U.S. companies. This has been controversial, although some argue that the potentially negative impacts of such levies in terms of trade conflicts or higher prices could be offset by generally pro-business administration policies, reduced red tape and expansion of energy production.

Trump’s Tax Proposals

   
Ordinary Income
  • Extend or make permanent 2017 tax reforms
  • Maintain 37% top ordinary income tax rate
  • Maintain current standard deduction
  • Extend 20% pass-through deduction for partnerships, LLCs and S corporations
  • Eliminate tax on tips, Social Security and overtime pay
  • Remove or raise limitation on the state and local tax (SALT) deduction
Capital Gains
  • Maintain current top rate of 20%
  • Maintain current carried interest tax treatment as capital gains
Estate and Gift Tax
  • Extend or make permanent current estate and gift tax provisions ($13.99 million exemption, indexed for inflation, 40% maximum rate)
Business Taxes
  • Lower corporate tax rate to 20% (15% for companies making products in the U.S.)
  • Restore 100% bonus depreciation
  • 10 – 25% tariffs on most imported goods and 60% tariffs on Chinese imports

Planning Over the Coming Months

The realization of a Republican sweep has vastly changed the tax conversation from just a few months ago. Speculation has subsided concerning a wealth tax on billionaires, the elimination of the step-up in tax basis at death or an increase in income tax rates. At the same time, there is growing acknowledgement of the country’s strained fiscal situation and the potential pressures that higher federal deficits and borrowing could have on interest rates and economic growth down the road.

Overall, we think it’s reasonable to expect that most Tax Cuts and Jobs Act provisions would be extended. Regardless of outcome, the estate and gift tax exemption should provide significant opportunities to transfer wealth both in terms of direct transfers and through the use of trusts. The annual exclusion ($19,000 each to an unlimited number of recipients) will also be a natural go-to for gifts that are estate- and gift-tax free and avoid reducing the exemption noted above. Depending on the proposals for individual income tax rates, it may be helpful for taxpayers to defer income and accelerate deductions into the current year where appropriate.

Over the coming months, Congress will be developing massive legislative packages to power the Trump agenda through the budget reconciliation process. As this happens, the contours of tax changes will become more evident, at which point it will become more feasible to consider appropriate planning strategies for the rest of the year and beyond. In the meantime, we will be following developments closely in what will likely be a very eventful year in Washington, DC.

2025 Wealth Planning Checklist

While waiting for news about 2025 tax reform, there are many issues to consider relating to your wealth plan.

1. Do you have a Will or Revocable Trust to properly dispose of your estate that names fiduciaries (such as guardians, executors and trustees)? If so, when was the last time it was reviewed or updated?

These documents represent your ultimate “financial plan” and are important for both tax and non-tax purposes.

2. Do you have Living Wills, Health Care Proxies and Powers of Attorney?

Sometimes overlooked, these documents allow you to name an “agent” to act on your behalf for either medical or business purposes if you are incapacitated or otherwise unable to act.

3. How do you hold title to assets?

A common estate planning mistake occurs when married couples hold all of their assets as “joint tenants with rights of survivorship”; it may also make sense for second homes and other vacation/rental properties to be owned by a limited liability company instead of in your name.

4. Have you properly named designated beneficiaries for your retirement accounts and life insurance?

Failing to do so for retirement accounts may have unintended tax consequences to beneficiaries who may no longer have the ability to “stretch” retirement distributions over longer periods of time. In many cases, it may make sense for an Irrevocable Life Insurance Trust (ILIT) to be the owner and beneficiary of a life insurance policy.

5. Do you own term life insurance?

Term policies can be a relatively inexpensive way to provide “income replacement” if an unexpected death occurs; in addition, permanent insurance can be employed as part of overall estate planning.

6. Do you own property and casualty insurance?

This type of insurance can be valuable for both liability and property protection purposes.

7. Are you saving for education through a 529 plan?

These state-sponsored plans allow you to save without income tax consequences as long as distributions are used for “qualified educational expenses”; in some locations, contributions also provide a state income tax deduction.

8. Are you contributing the maximum amount to retirement accounts?

For 2025, you may contribute up to $23,500 to an employer-sponsored 401(k) plan. Those age 50 – 59 and 64+ can contribute an additional $7,500 for a total of $31,000, while those in a new “super-catch-up” contribution category (age 60 – 63) can set aside an additional $11,250 for a total of $34,750. The annual contribution limit for a traditional IRA remains $7,000 ($8,000 for those 50 and older).2

9. Do you have a large estate (generally, for 2025, $13.99 million per individual or $27.98 million per married couple)?

If so, you may wish to take advantage of advanced estate planning strategies to minimize your future estate tax burden.

10. Do you contribute to charity?

A donor-advised fund can provide a simple and convenient way to satisfy your philanthropic objectives while minimizing your income tax burden.

11. Do you have a financial plan?

A number of factors should be evaluated to answer a common question: Do I have enough to retire? Your life expectancy, retirement age, cash-flow needs/large expenditures, investment assumptions and much more should be considered.

12. Who are your advisors?

A complete list of your tax, legal, accounting, insurance and other financial advisors (complete with phone numbers and email addresses) should be available to other family members with instructions in the event of your death.

These are only some of the questions that may arise as you seek to assess your current financial situation. With the start to the new year, we encourage you to touch base with your NB Private Wealth team to explore appropriate planning steps.

1The exemption is currently scheduled to sunset at the end of 2025 and revert back to roughly its 2011 level of $5 million per individual adjusted for inflation (or about $7 million) if no new legislation is enacted.

2Contributions can be made up to the lesser of 100% of compensation or the contribution limit. Roth IRA contributions are subject to limitations above certain income thresholds.

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