TAX ALERT 2016-5: THE 2016 ELECTION: TAX CHANGES EXPECTED Proposals. Both President-elect Trump and the House Republicans would lower the top tax rate for ordinary income to 33%. President-elect Trump would maintain the top rate on capital gains at 20%, though it might be applicable at a lower threshold than current law. House Republicans would lower the top rate on capital gains to one-half of the highest rate imposed on ordinary income, or 16.5%. Both President-elect Trump and the House Republicans have proposed repealing (and replacing) the Affordable Care Act, which is the source of the current 3.8% surtax. The Affordable Care Act is also the source of the extra 0.9% surtax on high-income earners (wages exceeding $250,000 for couples; $200,000 for singles) and other indirect tax increases such as the reduced cap on flexible spending accounts and tighter rules for deducting medical expenses. A repeal of the Affordable Care Act could lead to an immediate tax cut. President-elect Trump would impose a $100,000 cap on itemized deductions ($200,000 for joint filers); the House Republicans would eliminate itemized deductions other than charitable gifts and mortgage interest. Both President-elect Trump and the House Republicans would eliminate the Alternative Minimum Tax. President-elect Trump’s proposal would tax the income from “carried interests” as ordinary income. Planning. At its most basic, income tax planning is (i) timing income so it is recognized in a lower-tax year, and (ii) timing deductions so they are deducted in a higher-tax year. However, the proposals listed above contain both “good news” and “bad news” for 2017, so we cannot offer a universal rule as to whether income or deductions are better recognized in 2016, 2017 or even 2018. Each taxpayer needs to make an educated prediction. If there is not a clear answer, sometimes it can make sense to recognize some income (or deductions) in one year and some the next. That approach has the benefit of makin