Key Points in the President’s 2015 Budget Proposal
Presented by John Steiger
On March 3, President Obama announced his $3.9 trillion budget proposal for fiscal year 2015. Although the budget is more of a presidential “wish list” at this point, it includes initiatives that, if passed by Congress, could have a great impact on wealthy and middle-class Americans alike.
Social security claiming strategies
The proposed budget briefly mentions eliminating “aggressive Social Security-claiming strategies, which allow upper-income beneficiaries to manipulate the timing of collection of Social Security benefits in order to maximize delayed retirement credits.” Many industry professionals are interpreting this to mean the end of the file-and-suspend strategy, which allows a social security claimant to file for benefits and immediately suspend them. The claimant’s spouse can then begin collecting his or her spousal benefit, while both the claimant and the spouse allow their retirement benefits to grow until age 70 using delayed retirement credits.
It’s important to note, however, that the language in the proposal is vague, and it’s unclear whether the ultimate target is the file-and-suspend strategy. Additionally, there is some question about how this change would take place—whether through an internal Social Security Administration rule change or an act of Congress. If the latter, it could take a great deal of time to implement, if it passes at all.
Tax cuts for middle-class Americans
The President’s budget proposes several tax incentives for middle-class workers, including doubling the maximum value of the Earned Income Tax Credit for workers without children, families with more than two children, and married couples, as well as expanding the child and dependent care credit.
Student loans and grants
The President also proposed student loan forgiveness for qualified taxpayers who borrow through federal programs. Any forgiven loans would be excluded from gross income. Additionally, Pell Grants would be excluded from gross income, provided that the funds are spent according to the program rules.
Loss of tax benefits for high-income individuals
As in past years, the President renewed proposals that would eliminate some tax benefits for wealthy Americans. Specifically, for individuals in the 33-percent tax bracket and higher, and those subject to the alternative minimum tax, the value of certain exclusions and deductions would be reduced to 28 percent. Additionally, the budget reintroduced the “Buffett rule,” which would require taxpayers with an adjusted gross income above $1 million to pay a tax rate of at least 30 percent on their income, excluding any charitable giving. Finally, the President proposed extending the temporary exclusion from income for forgiven home mortgage debt to January 1, 2017.
Changes to RMD rules
Another proposed change would waive the required minimum distribution (RMD) rule for individuals whose aggregate retirement plan and IRA assets do not exceed $100,000. Additionally, nonspouse beneficiaries of retirement assets would be required to fully deplete inherited assets within five years. Finally, the President proposed instituting RMD requirements for Roth accounts.
Retirement account changes
Along with the President’s proposal to institute RMD requirements for Roth accounts, contributions to those accounts would no longer be allowed after age 70½. Additionally, nonspouse beneficiaries of retirement accounts would be allowed to move funds into an inherited IRA using a 60-day rollover, as opposed to the current direct-transfer requirement. For taxpayers who accumulate retirement benefits over a certain threshold, further contributions and accruals would be prohibited. Finally, small businesses that do not offer qualified retirement plans would be required to offer automatic enrollment in an IRA for their employees.
Changes to estate and gift taxation
The budget proposal seeks to increase the maximum unified estate and gift tax rate from 40 percent to 45 percent and to reduce the exclusion amount from $5 million to $3.5 million for estate and generation-skipping transfer taxes, and $1 million for gift taxes. Additionally, the President proposed redefining the meaning of a gift transfer (by eliminating the present interest requirement) for purposes of the annual gift tax exclusion. The annual exclusion would be modified from $14,000 per donee to $50,000 per donor.
The President also proposed a minimum 10-year term for grantor retained annuity trusts; a 90-year limit on the duration of the generation-skipping transfer tax exemption; modifying the generation-skipping transfer tax treatment for health and education exclusion trusts; and coordinating certain income and transfer tax rules for grantor trusts.
Higher tax rate on investment manager income
As in past years, the President’s budget proposes taxing the carried interest portion of fund manager compensation as ordinary income instead of as a capital gain. This would increase the tax rate on that compensation from 20 percent to as much as 39.6 percent.
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John B. Steiger is a financial consultant located at 460 Totten Pond Road, Suite 600, Waltham, MA 02451. He offers securities as a Registered Representative of Commonwealth Financial Network®, Member FINRA/SIPC. He can be reached at (781) 547-5621 or at john@financialconnector.com.
© 2014 Commonwealth Financial Network®
2014 Changes affecting Federal Contractors
There have been significant developments in the labor policy arena during the first quarter of 2014. In January, President Obama unveiled his plan to use an Executive Order to increase the minimum wage Federal Contractors pay their workers. In March, a Presidential Memorandum was issued to the Department of Labor (DOL) to update and modernize the overtime pay system. Additionally, the Final Rule of Section 503 of the Rehabilitation Act of 1973 which was amended in September 2013 will go into effect on March 24, 2014. Federal Contractors need to be aware of these changes and the potential impact they have on DOL compliance.
Minimum Wage Increase/Overtime Protection
On February 12, 2014, President Obama issued an Executive Order to raise the minimum wage for Federal Contractors. As of January 1, 2015, the minimum wage for affected federal contracting and subcontracting personnel will increase from $7.25 per hour to $10.10 per hour. Additionally, the Obama administration announced it will issue a Presidential Memorandum to the DOL instructing its Secretary to update regulations regarding overtime protection for workers under Federal Labor Standards Act (FLSA). Any changes to the regulation will be the first since 2004, when the minimum weekly salary for overtime-exempt workers was increased to the current $455 per week.
Rehabilitation Act
On March 24, 2014 two final rules issued by the Federal Contracts Compliance Programs will go into effect, enhancing contractor’s hiring and affirmative action obligations for individuals with disabilities and covered veterans. The disability rule sets a seven percent goal for contractors’ employment of persons with disabilities across all job categories and introduces numerous compliance and reporting mandates. If you would like more information on these rules please click here to read a fact sheet outlining the background and highlighting the regulations.
Given these diverse and often disparate developments, the importance of the Professional Service Council (PSC) and the Human Resource Labor Relations Committee (HRLRC) in conveying industry consensus viewpoints to government officials and as a forum for companies and policymakers to meet face-to-face has never been greater. In addition to serving as a discussion forum with government officials, the HRLRC serves as a focal point for PSC’s policy and educational activities around the Service Contract Act ( SCA ), the Davis Bacon Act (DBA), and a range of legislation and regulations governing contractor health, hiring and safety practices.
The committee welcomed Office of Federal Contract Compliance Programs (OFCCP) Policy Director, Debra Carr, for an extensive dialogue on its upcoming hiring requirements, and both PSC and OFCCP pledged to remain engaged as the new rule takes effect. HRLRC will also continue its longstanding engagements with the military and civilian agency labor advisors, along with officials from DOL and its component divisions.
During 2014, under the aegis of the HRLRC, PSC will continue to explore areas in which PSC members can benefit from expert insight and training. They will continue their HRLRC meetings during the year as well as their PSC- SCA two day courses, along with the DOL and DOD panels, which are an active part of their training programs.
Under the leadership of long-time committee chair Al Corvigno of MARAL, LLC and new committee co-chair Anne Rohall of Tech Systems, Inc., the Human Resources and Labor Policy Committee will continue to be the premier venue for PSC members focused on critical HR and labor policy issues.
At Cleary, we know how important a comprehensive benefits package can be to your continued success. Give us a call today at 617-723-0700 and we will work with you to create a plan that meets your fringe-benefit obligations and provides your employees with valuable benefits.
Directors & Officers (D&O) Coverage
Presented by Justin Yurchenko
Every Board of Director member needs to realize the risks of operating any organization, and how to reduce those risks with appropriate management strategies. Written and implemented risk management procedures can serve as an effective way to monitor and mitigate risk within any organization. However, when these strategies are unsuccessful, the transfer of risk should fall to your insurance policy.
Directors and Officers insurance (D&O) is an important safeguard to any for-profit or nonprofit organization. D&O protects the directors, officers, employees, shareholders (not involved in management) and sometimes even volunteers. Unfortunately, even in today’s litigious environment, only 28% of companies with revenue of less than $100 million have purchased D&O coverage. In most cases, board members do not foresee any possible litigation, which is the main reason for not purchasing coverage. This is a common misconception, as just about any board can be a sued; moreover, claims can come from just about anyone – employees, customers, board members, vendors, creditors and current clients.
At the heart of any D&O policy lies the promise to indemnify the individual directors and officers in the event they are subject to allegations of wrongful conduct within their organizational duties. The primary coverages offered under a D&O policy are as follows:
- Coverage for claims made against the company, its directors, officers, managers, employees and, sometimes, volunteers.
- Employment Practices Liability, which includes allegations such as wrongful termination, discrimination, and harassment.
- Fiduciary Liability coverage
- Employee Dishonesty coverage
- Kidnap & Ransom coverage
Choosing the right carrier and policy limits is often a difficult process. Each carrier has specialized coverage wording and exclusions. It is important to work with an experienced broker who can determine the best available combination of D&O pricing and coverage for your organizational needs.
At Cleary, we will evaluate your business exposures and work with you to develop a comprehensive plan to safeguard your business. Give us a call today at 617-723-0700.