This past week, America celebrated its 236th anniversary from the date the Declaration of Independence was signed. One of the main reasons for the Declaration of Independence was the belief of the American Colonists that they were being taxed unfairly. Below is a report from the Tax Foundation of some historical taxes imposed by the U.S. government over our history for perspective of our tax rates now.

In 1913, the first year of the modern income tax in America, the top tax rate was 7%. To reach this top federal tax rate, your inflation adjusted annual income in 1913 would have to exceed $11,332,304.

In 2013, the top marginal tax rate will be $43%. To reach this top federal tax rate, your annual income will only have to exceed $250,000.

Share of all federal income taxes paid by the top 1% in 1980: 19.05%

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Percentage of federal income taxes paid by the bottom 50% of taxpayers in 1980: 7.05%

Percentage of federal income taxes paid by the bottom 50% of all taxpayers in 2009: 2.25%

Remember when politicians talk about tax equality, they do not mean that they want to lower everyone’s rate to what was sustainable only 30 years ago; they want to raise everyone’s rate to what was only expected of the richest.

The Internal Revenue Service is now in the process of hiring an additional 6,500 agents and staff to help ensure that the new Obamacare taxes are able to be administered. The scores of new federal mandates and about 21 different taxes total about $400 billion in tax increases.

All of these agents will not only have to review tax returns that were already filed, but will also have to review health insurance plans that taxpayers will now have to report to ensure the plans are in compliance with the standards imposed by the government.
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I’ve said it before, and I’ll say it again: Now is the time to plan your estate and your taxes to ensure that you are ready for these taxes as they develop in the very near future.

The recent decision to allow the Affordable Care Act (aka Obamacare) as Constitutional relied on a limited reading of the Act and an expansive interpretation that was not discussed as the law was deemed to be passed.

The Supreme Court, in a 5-4 opinion, said that the individual mandate, which requires every living American citizen or legal resident to purchase private insurance, meets Constitutional muster because the penalty for not buying is within Congress’s power to levy taxes.

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You should take some time to read the whole Act and see what kinds of new taxes are going to be imposed in the very near future and you should take preventative steps for your own estate planning.

Last week I went to an interesting presentation by Raylon Shumaker of AgPreference in Altus, Oklahoma on land values in southwestern Oklahoma. In the presentation he stated that there was only a slight increase in land values for 2011 over 2010 and he expected them to hold steady for 2012.

I will try to recite a few of the figures here, but I may have forgotten a few of them in the past week.

The highest average land price in the region was in Jackson County. In Jackson County in 2011 the average price was $995 per acre. This is based off both private treaty and auction prices and covers both crop and pasture lands. It does not cover irrigated crop land. This price is up $5 from 2010.

Harmon County had the lowest average prices for the region at about $680 per acre. The lower price is due to less demand there and typically less rainfall which results in less production.

Beckham, Tillman, Kiowa, and Greer County all had average land prices between the above figures.

According to one of his slides, if the land is sold at auction as opposed to private negotiation, there is about a $90 difference in the value it will bring. It was not clarified if this premium was the result of bidding wars or if it was just higher quality ground that typically goes to auction.

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On valuation of minerals, the Oklahoma Tax Commission had a few rules of thumb, as follows:

1. If there was no production and no leasing, then it was based on county by county. For far southwestern Oklahoma, these non-leasing values never exceded $50 per acre, but that was before the recent production boom.

2. If there was a lease, but no production, the value was set as three times the leasing bonus.

3.  If there was production of oil, the value was set as 60 times the average monthly production for the previous six months. If there was natural gas production, then the value was set as 84 times the average monthly production for the previous six months.

As the oil and natural gas industry develops here in the Altus area, you need to keep in mind that the values of you minerals will affect the value of your estate. As discussed in my previous post, the value of your estate may start being subject to estate taxes once it passes $1,000,000, which only takes a few hundred acres of good minerals.

I did a post earlier on tax changes that would affect small businesses this next year and in the future. My last post was mainly on income taxes and the severe reduction of bonus depreciation and the Section 179 deduction. I will focus this post on tax changes affecting estate planning.

The estate tax is based on wealth, or net value, as opposed to income, so it works the following way. In general when a person passes away, one of the duties the successors in interest must do for the Estate is to inventory property. The inventory is then valued as of the date of death. If the net value of the Estate exceeded a certain amount, (the federal estate tax exemption amount) it was subject to taxes. As part of the Bush Tax cuts, the federal estate tax exemption amount went from $640,000 to up to $3,500,000 before it was phased out completely in 2010. In 2011 the federal estate tax exemption was set to return to $1,000,000, but Congress and the President reached an agreement that set the exemption at $5,000,000 with a top rate of 35% for 2011 and 2012.

In 2013, the federal estate tax exemption is set to return to $1,000,000 per individual. The top tax rate will be 55% for the largest estates. This means that estates of people dying on January 1, 2013 may have to pay up to 20% more in taxes than if the person had died on December 31, 2012 instead. The good news is that the estate tax is the easiest tax to plan for, so you should take steps now if your family’s weath is more than $1,000,000.
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In Oklahoma, the state estate tax was repealed effective January 1, 2010. It is set to stay repealed because any tax increase basically has to pass by constitutional refernedum now, and it doesn’t seem likely that will happen. However, there is a chance that the federal estate tax could change so drastically that Oklahoma may re-impose its state death tax based on the federal credit system. We will have to watch to see what develops with this.

If you have questions on planning your estate or if you are worried how death taxes will affect you, then please call to set up a complimentary appointment. In tax planning, an ounce of prevention is worth a pound of cure.