Tax Strategy For 2008-2010 Capital Gain

I'm retired for many years and ordinarily my taxable income (from pension, SS, dividends and capital gains) runs around $60,000. I have two questions:

  1. So far this year I will have sold stock with a capital gain of about ,000. My understanding is that, with that capital gain, my taxable income will be about ,000 BUT because I will still be in the 15% bracket, I will owe no tax on the ,000 capital gain. If I sell more stock with e.g. a capital gain of 00, I will owe 15% tax on the additional 00.

Is that essentially correct?

  1. I have some stocks which are considered to be Master Limited Partnerships. The distributions are considered to be Return of Capital and are not included in any income calculations for tax purposes but do reduce the cost basis of the stock. If I sell these MLP's, I will incur substantial capital gains because of the reduced cost basis.

What I would like to do in 2009 and 2010 is to sell the MLP's and then buy them back immediately. This will allow me to reset the cost basis to a much higher amount then it currently is without having to pay any additional tax as long as taxable income is still under $85,000. I assume there are no "wash" sale rules for selling at a profit and buying back immediately.

Do you see any problems with this strategy?

My original plan was to hold these MLP's forever and have them go to my estate with a new step-up to market value cost basis at the time of my death. However, there has been talk of eliminating the step-up process in some of the new tax legislation being discussed so I'm considering using the above approach as a hedge against any change in the tax laws.

Reply to
njoracle
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No. The top of the 2008 bracket for married, filing jointly is $65,100. Only the amount of the gain that takes you to that figure will go untaxed.

I don't know where you got that $85,000 number. We don't know the top of the 2009 15% bracket yet, but it won't be anywhere near that.

A light just went off. Are you talking about Adjusted Gross Income rather than Taxable Income? For a couple both over 65 and taking the standard deduction, the top of the 2008 15% bracket would equate to $85,100 in AGI (Taxable Income of $65,100).

As far as your MLP is concerned, the only snag I see is the possibility that your action might turn some current distribution into ordinary income. Other than that the basic concept of selling for a gain and rebuying is fine. Remember that the long-term holding period is a year and a day.

I find it more entertaining so see how big dust bunnies can grow than to worry about what income tax laws will be after I'm dead, but to each his own. Do keep an eye out while you're alive, though, because there will definitely be changes of some sort by 2010.

Reply to
Phil Marti

Thanks for picking that up. I meant Taxable Income but used the AGI by mistake. TI is about $45,000 so a capital gain of $25,000 would get me to $70,000 and I would owe 15% on the $5000 over 65,100.

I'll have to look into that

And perhaps some big "changes" will come in 2009. ;)

Reply to
njoracle

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