Your McCarthy Update 
An Analysis of the Presidential Candidate’s Tax Plans

Marty McCarthy, CPA, CCIFP
Focused on You. Dedicated to Your Success.
October 26, 2020


With the election right around the corner, it is good to analyze each candidate’s proposed tax plan. CEOs, CFOs, and other C-suite executives need to prepare now for what might happen. There is a lot riding on this election. No matter who your candidate of choice is, you will have to plan on what you can do before year-end to lower your tax obligation.

Taxpayers are going to have to decide if they want to accelerate income or deductions before December 31, 2020. This is especially important now that the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed. Accelerating income will give you the opportunity to pay at a lower income tax rate this year. Accelerating deductions could create a net operating loss. Under the Tax Cuts and Jobs Act (TCJA) of 2017, for tax years beginning in 2018 and thereafter, net operating losses (NOLs) carrybacks are not allowed. But, NOLs can be carried forward indefinitely (limited to 80% of taxable income).

The CARES Act temporarily suspended these provisions. Under the CARES Act, NOLs generated in tax years beginning after December 31, 2017, and before January 1, 2021 (i.e., 2018, 2019 and 2020 for calendar year taxpayers), can be carried back five years and carried forward indefinitely with no limitation.

The treatment of estate and gift taxes will need to be addressed, as well as how to deal with likely increases in State and Local Tax (SALT) deductions. Taxpayers should consider what each candidate plans to change regarding estate and gift taxes. Also, the long-term effects of increases in state and local taxes needs to be taken into consideration. Tax increases should be expected at both the state and local level to pay for the COVID-19 pandemic.

Here is a comparison of both candidate’s proposed tax plan:

Candidate: Joe Biden
  • Democratic presidential nominee Joe Biden would enact policies that would raise taxes on individuals with income above $400,000, including raising individual income, capital gains, and payroll taxes.
  • Biden has promised that for taxpayers at the higher levels of income above $400,000, the top individual tax will revert to 39.6%, up from 37%.
  • Biden would extend the 12.4% portion of the Social Security tax — which is shared by both the employee and employer — to earnings over $400,000, the Tax Policy Center found. Currently, wages up to $137,700 are subject to the Social Security tax.
  • Long-term capital gains will also be taxed at 39.6% on income above $1 million.
  • He is calling to limit the value of itemized deductions – the write-offs households can take on expenses that include medical costs and charitable giving – to 28% for households with incomes exceeding $400,000, according to an analysis from the Tax Policy Center.
  • Biden would raise taxes on corporations by raising the corporate income tax rate to 28% from 21% and imposing a corporate minimum tax.
  • Biden would extend the 12.4% portion of the Social Security tax — which is shared by both the employee and employer — to earnings over $400,000, the Tax Policy Center found. Currently, wages up to $137,700 are subject to the Social Security tax.
  • Biden plans for the elimination of the step-up basis for passing on assets to heirs, a provision in the tax code that allows heirs to receive assets valued as of the date of death. This means, an heir who sells the holding right away would pay little to no capital gains taxes on it. Instead, Biden’s proposal would tax unrealized capital gains at death, according to the Tax Policy Center’s analysis.
  • Biden’s plan would bump the top estate tax rate to 45%, limit the amount people can pass on at death free of taxes to $3.5 million and limit the exclusion to $1 million for gift taxes, according to the Tax Policy Center.
  • Lower income earners could see tax credits, including a temporary expansion of the child tax credit, boosting it to $3,000 for kids 17 and younger, plus a $600 bonus for children under six.
  • Biden’s tax plan could lead to a 62% combined tax rate for high earners.
  • On average, after-tax income for all taxpayers could fall by 1.7% in 2030, according to an analysis by the Tax Foundation.
  • Biden’s plan would raise tax revenue by $3.3 trillion over the next decade on a conventional basis.
  • When accounting for macroeconomic feedback effects, the plan would collect about $2.8 trillion the next decade. This is lower than the Tax Foundation’s original estimate due to the revenue effects of the coronavirus pandemic, economic downturn and new tax credit proposals introduced by the Biden campaign.
  • According to the Tax Foundation’s General Equilibrium Model, the Biden tax plan would reduce Gross Domestic Product (GDP) by 1.62% over the long-term.
  • On a conventional basis, the Biden tax plan by 2030 would lead to about 7.7% less after-tax income for the top 1% of taxpayers and about a 1.9% decline in after-tax income for all taxpayers on average.

The summary of Biden’s tax plan from the Tax Foundation will provide you with a greater level of detail on what you can expect if former Vice President Joe Biden wins the election.

Candidate: Donald J. Trump
According to CNBC, President Trump’s tax plan could include:
  • An unspecified tax cut to boost take-home pay.
  • An unspecified “Made in America” tax credit.
  • Expanded opportunity zones in economically distressed areas.
  • A temporary suspension of the payroll tax for workers earning less than $104,000 annually. Note that these funds would be due during the first four months of 2021.
  • A middle-class tax cut which would reduce rates by 10% and reduce the 22% tax rate to 15%.
  • Estate or gift taxes of 40%.
  • Cutting the maximum capital gains rate to 15%. Currently, depending on income, an investor could face long-term capital gains tax rates of 0%, 15% or 20%.
  • Indexing capital gains to inflation.
  • Creating a capital gains tax holiday (for an undesignated period) which would carry a zero-tax rate.

Per CNBC, the president has called for not only forgiving the deferred payroll taxes – a move that would require Congress to act – but he also said this summer that he would make permanent cuts to the payroll tax if reelected.

The gift and estate tax exclusion under TCJA nearly doubled the amount of money that families can pass on free of taxes either in a bequeath or in lifetime gifts.In 2020, an individual can pass on up to $11.58 million to an heir without paying taxes. If reelected, Presdient Trump wants to make this exemption permanent.

President Trump plans to make certain TCJA provisions permanent that are set to expire on December 31, 2025. These include the reduced tax rates, increased standard deduction, state and local tax cap, and many others.

In addition, President Trump plans to make:
  • No change to existing law: 6.2% (employee’s share) up to maximum wage base ($137,700); employer pays a similar share. 1.45% Medicare tax full wage base (no cap) and a surtax of 0.9% on wages above $200,000 (couples $250,000).
  • No change to the present 21% corporate tax rate.
  • No change in 10.5% GILT (global intangible low-tax income) rate on foreign profits.

The Tax Foundation’s analysis of President Trump’s tax plan is from August. More details are needed on specific actions he will take.

We encourage you to speak with your tax advisor to discuss how each candidate’s tax plan will impact you. 

We will continue to keep you updated. Please visit our COVID-19 Resource Page for more alerts.

Feel free to contact any member of our team at (610) 828-1900 (PA) or (732) 341-3893 (NJ) with questions. Rich Higgins, CPA, managing principal – New Jersey office can be contacted at [email protected]. I can be reached at [email protected]As always, we are happy to help.

Stay safe,

Marty McCarthy, CPA, CCIFP
Managing Partner
McCarthy & Company

Disclaimer: This alert is for informational purposes only and does not constitute professional advice. Information contained in this communication is not intended or written to be used as tax advice, and cannot be used by the recipient to avoid penalties that may be imposed under the Internal Revenue Code. We strongly advise you to seek professional assistance with respect to your specific issue(s).