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Investing to avoid the Net Investment Income Tax of 3.8%

The topic of taxes you pay on your investments probably has as much appeal as a root canal.

That’s especially true if you invest in mutual funds, which are required to distribute realized gains and income to shareholders. Over the 10 years through 2012, the actual return to investors in the average stock mutual fund shrank by eight-tenths of a percentage point, annualized, because of taxable distributions.

That represents more than 10 percent of the annualized gain for stock funds over that 10-year stretch. Taxable bond funds received a tax haircut of 1.8 percentage points, annualized, during that period, amounting to more than 20 percent of the annualized return for those funds.

Annual expense ratios get a lot more attention, but not understanding the potential tax drag of what you own and what type of account you own it in can be a bigger issue. Many investors will suffer “painful sticker shock” when they complete their 2013 tax returns.

Last year for 2013, a net investment income tax of 3.8 percent came into play for couples with modified adjusted gross income above $250,000, and for individuals with more than $200,000. (The figure is typically close to your adjusted gross income reported on Line 37 of your federal Form 1040.)

Last year, the top income tax rate rose to 39.6 percent from 35 percent, and gains on investments sold in less than a year are taxed as ordinary income. The top long-term capital gains rate also rose, to 20 percent from 15 percent.

There’s not one big thing you can do to minimize taxes, but there are a series of small decisions you can make at the margins that in the aggregate will leave you with more money.

To shield as many investment dollars as possible from taxes, you can maximize what you tuck into tax-deferred retirement accounts. This low-hanging fruit still seems to elude many people.

And don’t forget individual retirement accounts. Anyone can invest in a nondeductible I.R.A., regardless of income, and receive the benefit of tax-deferred growth. And couples filing a joint tax return with modified adjusted gross income below $181,000, or single filers with income below $114,000, can stuff up to the maximum of $5,500 a person into a Roth I.R.A., $6,500 if you’re at least 50.

With a Roth I.R.A., contributions are made with after-tax dollars, so there’s no upfront tax break. But your money grows tax-deferred and withdrawals in retirement will be tax-free.

  • If you have investments in tax-deferred accounts as well as regular taxable       accounts, it’s worth considering the art of asset location. The standard advice has always been that investments that throw off income taxed at your income tax rate belong in a tax-deferred account. The theory is that for most of us, our income tax rate is higher than our capital gains

 

Focus on making sure your highest-returning and least-tax-efficient investment is inside your 401(k) or I.R.A., and your most tax-efficient investment is in your taxable account, he said. And don’t worry about everything else. Just get those two right and you’ve done yourself a ton of good.

Likely suspects for a tax-deferred account include high-yield, or junk, bonds and real estate investment trusts, and any actively traded portfolio that generates frequent short-term gains. Low-turnover stock index mutual funds or exchange-traded funds and municipal bonds are often the best bets for taxable accounts, as they are prone to generate low, or no, taxable distributions.

While it may be heresy to index purists, actively managed funds can still be a solid investment, even with their typically higher tax bill. Yes, the performance of the average equity stock fund has failed to keep up with its indexing brethren. But there are exceptions.

What matters is your after-tax return, not whether a fund is 99 percent tax-efficient. If an actively managed fund delivers superior returns after tax. That said, if you own an actively managed fund, it may be a candidate for your 401(k) or I.R.A.

If you were subject to the new 3.8 percent net investment tax in 2013, you may be able to reduce this year’s bite. Here’s how the tax works: If you have investment income and your modified adjusted gross income is above $250,000 ($200,000 for individuals) you are in its cross hairs. The 3.8 percent tax is levied on the lesser of these two figures: the amount of your income that exceeds those thresholds of modified adjusted gross income, or the sum of all the net investment income you had in the year.

If your income is well above the appropriate modified adjusted-gross-income threshold, it’s likely that your net investment income is what will come into play. In that case,   one tax reduction strategy is to consider municipal bonds, because their interest is not part of the calculation for net investment income.

Make sure you steer clear of private-activity municipal bonds, because interest from such bonds is subject to the alternative minimum tax. Alas, even tax-exempt investing has its traps.

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JW Accounting + Tax LLC
3350 Ridgelake Drive
Suite 290
Metairie, LA 70002
Tel. 504.293.0002

info@jwaccountingandtax.com

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