The Truth About Capital Gains Tax Cuts and Distribution of Wealth

Capital losses are netted against capital gains. Up to $3,000 of excess capital losses is deductible against ordinary income each year. Unused net capital losses are carried forward indefinitely and may offset capital gains, plus up to $3,000 of ordinary income during each subsequent year

Stamp duty Land TaxUnless the property is mortgaged the parents should be able to transfer the property to the children free of stamp duty providing it is a genuine gift. If there was any proceeds payable to the parents this would then be classed as 'chargeable consideration' for stamp duty purposes and a stamp duty charge would need to be calculated.

That is not the truth. Capital gains are based off profits after all expenses. Capital gains are usually not withdrawn from a market or allowed to transfer itself to be subject to this tax unless the individual or corporation "decides" to take the gains.

Seeing an example of a taxed sale vs. a Self Directed Installment Sale side by side will show you how much of a difference in overall return this strategy will provide. This can make the process of the sale more palatable and provide a dependable income stream for retirement.

A recent study was conducted by DRI/McGraw-Hill it was estimated that the reducing individuals long-term capital gains taxes by 50% and corporations capital gains tax by 25% the level of business spending would have been $18 billion dollars higher than it was in 2007 creating the GDP of America to be roughly 0.4 percent higher. The conclusion of the study notes "the evidence suggests to almost all economists that a capital gains cut is good for the economy and roughly neutral for tax collections."(Jorgenson, Dale, Yun & Kun-Young) The lower tax rate would only have positive effects on the economy such as higher standards of living, increased productivity and increased investment. A lower capital gains tax would increase individual wealth that could be re-invested or contributed to a personal savings account.

Here is what happens when there is an asset sale of a C Corp. The assets that are sold are compared to their depreciated basis and the difference is treated as ordinary income to the C Corp. Any good will is a 100% gain and again is treated as ordinary income. This new found income drives up your corporate tax rate, often to the maximum rate of around 34%. You are not done yet. The corporation pays this tax bill and then there is a distribution of the remaining funds to the shareholders. They are taxed a second time at their long term capital gains rate.

"I would rather expire at my desk than to sell my business and pay Uncle Sam one dime in taxes." How many owners that have paid their fair share of taxes for twenty years of building their business feel this way? The tax bite is the single biggest factor in an owner's reluctance to sell his/her company.

The moral of this story is: make sure you are consulting with experienced and knowledgeable professionals when exploring capital gains tax strategies. I have found that if all parties are on a conference call, the correct information can be discussed amongst all, and if there are conflicting opinions, everyone involved can produce the correct information from a qualified source and disburse it to all parties.

Nowadays, capital gains taxes are almost forgotten. Other tax payers who belong in the two lowest tax groups may end up without a tax bill. On some cases, zero capital gains apply for some tax payers. Other investors will notice that they are taxed at a rate of 15 per cent. Other rates like 25 and 28 per cent apply for some special conditions.