Proposed Tax Changes – 2021

By Marvin J. Williams, MBA, JD, CPA, CMA, CFM, CGMA

As the pendulum changes in Washington, D.C., one inevitable that can always be anticipated are changes in the area of federal taxation. The most recent change in political parties is no different and as the new administration is still getting settled, proposals in changes to the federal tax laws are developing.

The purpose of this article is to highlight and discuss some of the more prominent proposals that are developing and anticipate or measure the impact of some of these proposals if they are enacted. There are proposals pending in both the House of Representatives and the Senate. The primary proposals are in three areas:

  • Capital gains and related matters;
  • Retirement planning; and
  • Estate and gift taxation.

Capital Gains and Related Matters

Bernie Sanders’ 99.5% Act and President Joe Biden’s American Families Plan are now being discussed and include increasing taxation on high wage earners and the wealthy. One aspect that is often considered to benefit high income taxpayers is the preferential treatment of capital gains. The present capital gains tax rate (for long-term capital gains and qualified dividends) is 20% for taxpayers in the highest tax bracket, 15% for the next four tax brackets, and 0% for taxpayers in the two lowest tax brackets.

One pending proposal is to raise the capital gains tax to 39.6% for taxpayers with income in excess of $1,000,000 for taxpayers filing jointly and $500,000 for taxpayers filing separately. The proposed 39.6% top capital gains tax rate would match a separate proposal to raise the highest individual income tax rate from 37% to 39.6% (which was the highest individual income tax rate before it was changed to 37% in 2018).

In effect, this proposal completely eliminates the preferential capital gains tax rate for these taxpayers. Combined with the net investment income tax rate of 3.8%, the proposal increases the combined individual income tax rate and net investment income tax rate to 43.4%.

Another proposal related to capital gains is the immediate recognition of gains (and losses) on the transfer of property by death or gift. If this provision becomes law, it will be a dramatic change and have a significant impact on many taxpayers.

Under current law, a transfer of property by gift or death of the owner results in no immediate income taxation to the donee or donor of the property or deceased taxpayer. Currently, for transfers of property at death, the fair market value of the transferred property becomes the basis of the property in the hands of the heir. For property that had significantly increased in value, that unrealized gain is eliminated by the step-up in basis to the heir.

Under one proposal, this unrealized gain will become taxable immediately and the gain recognized in the year of death. Moreover, the basis of gift property (for the most part with some minor variations) carries over from the donor to the donee. No tax consequences (gain or loss) are recognized by either party until the donee disposes of the gifted property in a subsequent taxable event. One current proposal would create an immediate recognition of income/gain (or loss) to the donor at the time of the gift.

If the proposal becomes law, it will greatly impact how property may be transferred by owners at the time of their death or by gift. It would constitute a major departure from how property has been disposed and will require new tax planning strategies for the disposition of property. There are limited exceptions to these proposals, including excluding up to $1,000,000 of unrealized gains from tax.

Retirement Planning

Another area of federal taxation that is getting considerable attention is retirement income. For obvious reasons, this is an area that impacts many taxpayers who are presently receiving retirement distributions, as well as those not yet at retirement age but need to plan for future retirement distributions.

Certain proposals in the retirement planning/taxation area include expanding retirement savings and coverage for more taxpayers. A snapshot of some of these proposals include auto-enrollment in retirement plans, allowing for employer matching contributions to be designated as Roth contributions (as well as for Simplified Employee Pension Plans and Simple IRAs) and increasing the current three-year credit for Small Business Pension Plans start-up costs and extending the time period to five years.

In addition, increasing the age for mandatory retirement distributions, indexing to inflation the catch-up contribution limits and increasing these limits for higher age employees are being considered.

Estate and Gift Taxation

In the area of estate and gift taxation, there are proposals to reduce the lifetime exemption for transfers by gift or death. The exemption equivalent was significantly raised beginning January 1, 2018, and the inflation adjusted amount for the 2021 year is $11,700,000. The exemption equivalent that was increased beginning January 1, 2018, is scheduled to sunset to its previously inflation adjusted amount (approximately to $6,000,000) on January 1, 2026.

Current proposals seek to reduce the exemption equivalent for the gift tax exemption amount to $1,000,000 and the estate tax (and generation-skipping transfer tax) exemption amount to $3,500,000. Moreover, proposals recommend raising the current maximum transfer tax rate of 40% to 45%-65%. Limiting the annual gift tax exclusion amount (presently $15,000 per donee) is also being considered.

Other aspects in the estate and gift tax area include limiting marketability and minority interests and valuation discounts in appraising the value of property for family controlled businesses.

Impact on High Income Taxpayers

At this point, these proposals are simply that – proposals. As the Congressional debate intensifies, there will be considerable changes and, as usual, final outcome is impossible to project at this time. In addition, the effective dates of these proposals are yet to be determined and all may or may not be implemented at the same time. However, one point is quite clear: high income taxpayers will be affected by these changes.

About the Author: Marvin J. Williams, MBA, JD, CPA, CMA, CFM, CGMA, is Professor of Accounting and Taxation at the University of Houston – Downtown. Contact him at williamsm@uhd.edu.

Bibliography

1. Internal Revenue Code of 1986.

2. Raabe, William A., Young, James C., Nellen, Annette, Hoffman, William H. Corporations, Partnerships, Estates and Trusts. 2022 45th Annual Edition. South-Western Cengage Learning, 2021.

3. Grant Thornton: Mechanics Toolbox Series – Proposed Individual Tax Changes (June 29, 2021).

4.  Fox Business News (March 31, 2021).

  • The Future of CPA Licensing: TXCPA Members in Action at the State Capitol

    With the profession facing a talent shortage, legislative efforts are underway to introduce alternative pathways to licensure. Additionally, bills have been introduced to address CPA mobility and practicing accounting across state lines. TXCPA members took action at the Texas Capitol to address and emphasize the importance of these initiatives in strengthening the profession.
    View Article
  • CPE: Corporate Codes of Conduct - Similarities and Differences, and Implementation and Communication Strategies

    Codes of conduct serve as essential guidance for organizations, ensuring ethical behavior, regulatory compliance and corporate integrity. This article examines the significance of codes of conduct, highlighting examples from Fortune 500 companies. Effective implementation involves executive endorsement, ongoing communication and integration, and reinforcing accountability.
    View Article
  • Build on Our Momentum

    During TXCPA's 2025 Advocacy Day at the state Capitol, CPA professionals met with legislators to discuss proposed legislation on alternative CPA pathways and mobility. These efforts strengthened relationships with lawmakers, positioning CPAs as trusted advocates for the profession. The positive feedback from legislators reflects the impact of these advocacy efforts.
    View Article
  • Assessing AI From a Tax Perspective, Part 2

    In part 2 of a series, this article examines the risks and limitations of using AI in tax preparation. While AI tools like ChatGPT, Copilot, Perplexity, and TaxGPT can assist with tax research, their accuracy depends on precise prompts and professional oversight. Responses are often outdated, misleading or incorrect, posing risks to professionals who rely on them without verification.
    View Article
  • Understanding Sustainability Accounting Standards Board Standards

    The Sustainability Accounting Standards Board (SASB) provides industry-specific guidelines for companies to report on ESG factors that impact financial performance. Companies use SASB metrics to enhance investor transparency and manage ESG risks. While SEC regulations on sustainability remain pending, over 3,000 companies worldwide have voluntarily adopted the standards to improve corporate performance.
    View Article
  • What’s Happening Around Texas - March-April 2025

    TXCPA chapters across Texas hosted various events to engage members and support future CPAs. TXCPA Dallas held a Coffee & Connections event, while TXCPA East Texas members inspired students at UT Tyler’s Beta Alpha Psi meeting. TXCPA Fort Worth welcomed new licensees at a luncheon and in San Antonio, members celebrated new iDEAL graduates and elected the 2025-2026 Officers and Directors.
    View Article
  • Navigating Timekeeping Compliance in Government Contracting

    Texas contractors receiving government funding must maintain rigorous accounting practices, particularly in timekeeping and labor distribution, to ensure they are adhering to federal regulations. CPAs and finance professionals play a crucial role in enforcing applicable standards. Mastering timekeeping is essential to help meet federal standards and uphold the integrity of taxpayer-funded projects.
    View Article
  • Spotlight on CPAs: Shilpa Boggram Sathyamurthy, CPA-Houston, CA

    Shilpa Boggram Sathyamurthy is an accounting profession leader with experience in both public and industry accounting. In this Spotlight on CPAs article, she discusses the differences in their focus, workload and learning opportunities. She also actively contributes to TXCPA through committee service, valuing collaboration and professional development.
    View Article
  • Do New SEC Disclosure Requirements for Share Repurchases Dilute Their Benefit?

    The SEC introduced new disclosure requirements for share repurchases, aiming to increase transparency. Under the updated rules, companies must now disclose daily repurchase data in quarterly reports. Companies must also disclose whether insiders traded in the four days before or after announcing a buyback. The rules do not specifically address accelerated share repurchase programs.
    View Article
  • Custom Reporting Solutions for ASC 842 Lease Accounting

    ASC 842 compliance remains challenging as organizations manage complex lease portfolios and multiple accounting systems. While standard software offers reporting features, many require custom solutions to integrate specific accounting attributes and enhance internal controls. Using a structured approach to developing custom reports can help improve efficiency and support the decision-making process.
    View Article
  • 2024-2025 Accounting Education Foundation Scholarship Recipients

    The TXCPA Accounting Education Foundation (AEF) awards scholarships to outstanding students, providing not only financial aid but also connections to a supportive community of experienced professionals. Congratulations to these exceptional students for their dedication and commitment to excellence!
    View Article
  • Take Note

    In this edition of Take Note: How to Get the Latest Updates on BOI Reporting; Safeguard What Matters Most; Accountants Confidential Assistance Network; Advocacy Day and Midyear Leadership Council Meeting; TXCPA Career Center; CGMA® Designation
    View Article
  • Classifieds

    The classified ad section features listings for practice owners looking to sell, professionals seeking firms to purchase and a variety of specialized services. Whether you're looking to expand, sell or explore niche opportunities, these classified ads can connect you to valuable business prospects and resources.
    View Article

CHAIR
Mohan Kuruvilla, Ph.D., CPA

PRESIDENT/CEO
Jodi Ann Ray, CAE, CCE, IOM

CHIEF OPERATING OFFICER
Melinda Bentley, CAE

EDITORIAL BOARD CHAIR
Jennifer Johnson, CPA

MANAGER, MARKETING AND COMMUNICATIONS
Peggy Foley
pfoley@tx.cpa

MANAGING EDITOR
DeLynn Deakins
ddeakins@tx.cpa

COLUMN EDITOR
Don Carpenter, MSAcc/CPA

DIGITAL MARKETING SPECIALIST
Wayne Hardin, CDMP, PCM®

CLASSIFIEDS
DeLynn Deakins

Texas Society of CPAs
14131 Midway Rd., Suite 850
Addison, TX 75001
972-687-8550
ddeakins@tx.cpa

 

Editorial Board
Derrick Bonyuet-Lee, CPA-Austin;
Aaron Borden, CPA-Dallas;
Don Carpenter, CPA-Central Texas;
Rhonda Fronk, CPA-Houston;
Aaron Harris, CPA-Dallas;
Baria Jaroudi, CPA-Houston;
Elle Kathryn Johnson, CPA-Houston;
Jennifer Johnson, CPA-Dallas;
Lucas LaChance, CPA-Dallas, CIA;
Nicholas Larson, CPA-Fort Worth;
Anne-Marie Lelkes, CPA-Corpus Christi;
Bryan Morgan, Jr, CPA-Austin;
Stephanie Morgan, CPA-East Texas;
Kamala Raghavan, CPA-Houston;
Amber Louise Rourke, CPA-Brazos Valley;
Shilpa Boggram Sathyamurthy, CPA-Houston, CA
Nikki Lee Shoemaker, CPA-East Texas, CGMA;
Natasha Winn, CPA-Houston.

CONTRIBUTORS
Melinda Bentley; Kenneth Besserman; Holly McCauley; Craig Nauta; Kari Owen; John Ross; Lani Shepherd; Patty Wyatt

 

Your TXCPA membership has not been renewed for 2025 -2026. Renew now.