I took a week off to catch up on, and reflect on, a few things. Those of us who didn’t vote for President-elect Obama may be feeling a little out of touch these days. Generally I look at life in a hopeful and constructive manner, living each day in a positive manner. Most of us do, and I don’t think that’s going to change in the months and years ahead.
But I think there are different considerations now, especially if you don’t agree with certain actions or the economic philosophy of our political leadership. If we’re not careful we may find ourselves caught up in a negative cycle of news and frustration. Whatever direction the nation takes politically however, I have to believe that the leadership, by and large, has the best interests of the American people at heart.  And even if I don’t want to pay attention, we must stay involved and aware of the changes that will take place ’cause it’s going to affect us most in our wallets.Â
The stock market has been wavering dramatically in recent weeks, even ringing up the worst post-election loss in history. Say what you will, a lot of folks are realigning their portfolios based on perceived (and real) threats of increased taxation at both the personal and the corporate levels. We have even seen that based on fears of an Obama administration, firearm and ammunition sales have skyrocketed as never before in history. And why not? President-elect Obama may not “take our guns away,” but the Democrats in Congress can certainly make it difficult, and very expensive, to purchase ammunition.Â
So will potential tax hikes and increases to capital gains and income taxes affect the stock market? Absolutely. But hopefully not right away. Yet the real significance for tax policy at the individual level is the affect it has over the long term on wealth creation and investment. It may not affect the average investor now, or in two years. But over a working lifetime it’s a huge impact. If there’s one thing President-elect Obama can do to strengthen the nation economically, and the investment climate, it would be to not raise taxes on anyone, anywhere.  Heck, we’re still facing too many uphill financial challenges, so I’m sure the Democrats are smart enough to wait for a while.  Well, I’m not sure but I sure hope so.  Â
“Speaking in terms of individual taxpayers’ bills, that’s good news for high-income earners. “I don’t think there are going to be any tax increases in the next year or so,” said Len Berman, director of the Tax Policy Center.”Â
But you watch- the Democrats and Obama will “cut taxes” in a few months and shout from the rooftops that they’re giving Americans a tax cut for the middle class. It will be there somehow, even if most of us don’t get it or notice it. Yet Alan Reynolds from the CATO institute thinks taxpayers have short memories.Â
“Armed with that lucrative blank slate as the looming new baseline, a Democratic president and Congress could magnanimously agree to preserve only the fiscally wasteful “feel good” aspects of the original Bush bill–the hugely expensive 10% tax rate and child credit, for example–while letting more than just the top two tax rates go back up, and lifting the estate tax rate, too. All in the name of fiscal responsibility, of course.”
“Higher tax rates always fail to raise the revenue their proponents are counting on. When that happens, we know where Democrats will look to raise more. And that is to reach even deeper into the pockets of any remaining profitable businesses or (even rarer) successful investors.”
“For those looking beyond one year, the biggest risk to both individual and corporate taxpayers is not that the new president will make good on his promises to raise a few tax rates and close a few loopholes. The biggest risk is that he will make good on his grander promises to enact all those tax-based entitlement programs disguised as “tax credits.”
“If millions more voters become accustomed to paying nothing for government (not even for their own Social Security benefits), and instead to receiving a bundle of Treasury checks, it will become almost as difficult for any future president to end those programs as it will be for taxpayers to pay for them.”
And how are we going to pay for those programs over time?! There’s only one way… those who add spending programs must get the money from somewhere. That somewhere is the U.S. taxpayer.
Certainly those of us in the middle class may see a tax cut over the next couple of years, at least if you don’t earn too much, or have too many investments, or even entreprenurial thoughts… Maybe a larger child tax or other credit. But Obama has stated he wants to see an increase of tax on income and dividends from investments. I’ve read some as high as 40% tax on dividends and income! Can you imagine? How will that help folks save and invest for retirement? Not something we’ll see over the short term, but that’s a “heck of a dinger” for retirees down the road.
“Still, tax hikes are coming - eventually. Obama’s plan is to allow the Bush tax cuts to expire for high-income earners in 2010, but make those cuts permanent for taxpayers in the lower tax brackets. That means the top income tax rate will likely rise to 39.6% by 2011.”
“According to Deloitte’s analysis, a married couple with two children under 17, household income of $1 million ($500,000 of it from capital gains or dividends) could see their tax bill rise by $34,900. “That’s a real increase,” Stretch said, with that couple’s effective tax rate rising to about 28% from about 24% now. “It’s higher than the Bush years but where it was in the Clinton years.”
“Eventually, higher-income taxpayers “will definitely be paying higher taxes,” Baker said. “I can’t imagine [Obama] turning back on that.”
“Obama has also said he’ll increase the capital gains tax rate for higher earners to 20% from the current 15%, though many agree that won’t happen soon. “If he decided to raise capital gains tax rates right now, the financial markets would probably go crazy,” Berman said.
But not raising taxes is not very likely in the years ahead. Even the Terminator in California is proposing huge tax increases (and spending cuts) because they have to. Realistically, we’re going to face some large spending cuts and tax increases as well.   Within the next year, President Obama and the Democrats may simply say, “We’ve tried to get by without tax hikes, but we really need to raise them now…”    How will that affect older investors and retirees? Maybe not much at first, and we could even see some quick action in key areas:
“One tax perk related to the financial crisis is expected soon for retirees: Some form of help to avoid required minimum distributions from their individual retirement accounts. “We think there will be a very serious effort to put some provisions in [a new stimulus bill] to take care of the RMDs,” said Clint Stretch, managing principal of tax policy for Deloitte. “People are very sympathetic to the plight of retirees who are forced to take money out at the depths of the market.”
“Another tax change expected in 2009: The estate tax. Under current law the estate tax completely disappears in 2010, so look for Congress to act in 2009. Lawmakers may opt for a quick solution — a one-year patch that holds this year’s exemption amount and tax rate in place - or they may put in place a permanent estate tax law. Obama’s proposal: A permanent estate tax rate of 45% and a $3.5 million exemption.”
Remember President Bush’s efforts to remove the estate tax altogether? Forget about it- that’s history. Kind of a shame in my view, not that I have any reason to benefit from it! But at least we’ll keep a lot of financial planners, estate tax lawyers and CPA’s in business for years to come. Somehow I think the tax code is going to become a lot more complicated rather than less complicated over time. And overall I’m not excited about the direction of economic or tax policy.
Call me crazy, but I can’t help but think that the Democrats economic and taxation policies will provide long term disincentives for entreprenurialism, investment and market gains over time.
Let’s hope the focus of our new political leadership is first and foremost on the economy. What I’ve read lately however does not inspire confidence.  Giving U.S. dollars to international agencies for “family planning” (i.e. abortions), giving civil criminal trials to foreign terrorists on U.S. soil, jeopardizing national security through drastically cutting defense spending and procurement… we may see a laundry list of policies and executive orders that a lot of folks were unprepared for.Â
Overall, I don’t know how an Obama Administration will affect the average guy on the street, or in the market, but I’m willing to give it the benefit of the doubt for now. Historically the market has done very well under Democratic administrations, and maybe it will again. The nation, and the economy, will eventually gain traction and once again the business cycle will return to a more profitable footing, with job gains instead of losses. Unfortunately that may take a while, and the taxation picture for the years ahead looks pretty bumpy.Â
My next goal? Try to figure out an ideal portfolio and investment strategy that minimizes taxes while protecting (and growing) long term wealth.
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