11
2021 2022
Trusts and Estates
AMT Exemption $25,700. $26,500.
AMT Phaseout Range $85,650. *
to $188,450.
$88,300. *
to $194,300.
Excess Taxable Income above which the 28% rate applies
Married filing separate $99,950. $103,050.
All others $199,900. $206,10 0.
* AMT exemption is reduced by 25 cents for each dollar of AMTI in
excess of the lower number noted in the phase-out range and is
completely phased out by the higher number.
** MFS taxpayers lose their entire exemption when AMTI reaches $776,100
(up from $752,800 in 2021). After this point, they must increase their
AMTI by 25 cents for every dollar in excess of $776,100 (up from
$752,800 in 2021) of AMTI, up to an overall increase of $59,050 (up
from $57,300 in 2021). This effectively equates MFS and MFJ filers.
Special exemption for certain children—The AMTI exemption for a
child to whom the “kiddie tax” applies is equal to the lesser of $75,900
(up from $73,600 in 2021) or the sum of the child’s earned income plus
$8,200 in 2022 (up from $7,950 in 2021).
Deferring Capital Gain—Opportunity Zone Tax Benefits
Tax legislation enacted in late 2017 introduced a provision that allows capital
gain to be deferred, and possibly reduced. The goal of this tax change is to
encourage investment in certain low-income communities, called “Qualified
Opportunity Zones,” by providing tax benefits in the form of capital gain tax
deferral, tax reduction and, in some cases, permanent elimination of post-
investment appreciation. The deferral is available only if capital gain is timely
reinvested into a “Qualified Opportunity Fund,” which is an investment vehicle
that invests in Qualified Opportunity Zones and meets certain tax requirements.
The potential tax benefits can be summarized as follows: If before December
31, 2026 you (or a pass through entity in which you are an owner) sell a capital
asset to an unrelated person and invest some or all of that capital gain into a
Qualified Opportunity Fund within 180 days generally beginning on the date
of such sale, then you might receive the following tax benefits:
• Deferral of that capital gain to December 31, 2026;
• 10% reduction in that capital gain if your new investment is held for 5 years
(additional 5% reduction if held 7 years) prior to December 31, 2026*; and
• Elimination of post-contribution appreciation if your new investment is held
for at least 10 years, but disposed of no later than December 31, 2047.
* Note: As a practical matter, these reductions are no longer available
for new investments. Only investments made before 12/31/21 and
12/31/19, respectively could have been eligible for these benefits.
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