Capital Gain

Compare and Contrast

Have you spoken to anybody about the infrastructure bill on which the Senate is about to vote? I know I haven’t, except to explain that Speaker Pelosi has stated the House will not consider the bill unless and until the Senate also adopts a budget resolution for the President’s tax and spending plans.

Continue Reading Increased Capital Gain Rate, Nonresident Aliens, and ESBTs

Go After Real Estate?

During the 2020 presidential campaign, there was one segment of the “rich” for which then-candidate Biden seemed to have reserved some of his harshest criticism – wealthy real estate investors. Moreover, the Democratic Party’s platform included several proposed changes to the Code[i] the impact of which would probably be felt most keenly by such investors.[ii]

Query the origin of this posture. Was it grounded – pun intended – in the Party’s association, rightly or wrongly, of the real estate industry with Mr. Trump?[iii] But how can this be reconciled with the sizable contributions made by industry leaders to Mr. Biden’s campaign and to political action committees that supported him?[iv]

Regardless of why candidate Biden identified the federal taxation of real estate as an example of what he described as the Code’s special treatment of the wealthy,[v] President Biden recently proposed that the Code be amended to limit many of the favorable provisions upon which real estate investors have long relied for purposes of evaluating the acquisition, operation, and disposition of investment properties.

Continue Reading “Earth to Earth”: Real Estate, Death and Biden’s Tax Proposals

“Yeah, I’m the Tax Man”[i]

Last week, several media outlets reported that Mr. Biden will soon propose that Congress increase the federal income tax rate applicable to long-term capital gains recognized by individual taxpayers.[ii]

The time and place at which this and other changes to the Code are expected to be proposed is this Wednesday, April 28, when the President, at the invitation of House Speaker Pelosi, will appear before a Joint Session of Congress[iii] to advocate for his $2.3 trillion American Jobs Plan.[iv]

These reports should not have surprised anyone. After all, candidate Biden ran on a platform that called for increases to the individual federal income tax rates applicable to items of both ordinary income and long-term capital gain.[v] As President, Mr. Biden has not wavered from this position.

Let me tell you how it will be
There’s one for you, nineteen for me
‘Cause I’m the taxman
Yeah, I’m the taxman

Continue Reading Biden’s Proposed Income Tax Increases And the Sale of the Baby Boomer Business