As the 2024 elections approach, the Democratic and Republican parties present divergent approaches to tax policy, estate planning, and wealth management. This article dives into the contrasting policies of both parties regarding estate taxes, capital gains taxes, 1031 exchanges, unrealized gains, and the Child Tax Credit. Understanding these policies is crucial for high-net-worth individuals, real estate investors, and families looking to pass on generational wealth. Below is a breakdown of the most impactful policy differences and their potential implications.

Estate Taxes: Democrats Push for Increased Taxes on Wealth

The Democratic Party emphasizes closing tax loopholes and ensuring that the wealthiest Americans pay more in taxes. Although no explicit proposals have been made regarding changes to the estate tax exemption or rates, the party’s overall focus on reducing wealth inequality suggests that the current estate tax exemption of $13.6 million could be lowered if they take office. This could potentially have significant impacts on high-net-worth estates.

Democratic Plan: Eliminate the "stepped-up basis" loophole, which allows heirs to avoid capital gains taxes on inherited assets. This would likely result in higher taxes for those inheriting wealth.

Republican Plan: Preserve the current estate tax structure. Republicans favor extending the Trump-era Tax Cuts and Jobs Act (TCJA) provisions, which doubled the estate tax exemption and are set to expire soon. They may also propose lowering the estate tax rate to as low as 20%.

Capital Gains Taxes: Democrats Target Millionaires, Republicans Favor Lower Rates

Both parties take very different stances on capital gains taxes, particularly for high-income earners.

Democratic Plan: Raise capital gains taxes for individuals earning more than $1 million annually. This could result in capital gains being taxed at ordinary income rates rather than the current rates of 0%, 15%, or 20%.

For wealthy individuals living in high-tax states like California, this could result in a combined federal and state tax rate exceeding 50%.

Republican Plan: Maintain the current favorable tax rates for long-term capital gains. Republicans aim to extend the provisions of the TCJA, which would ensure continued preferential treatment of long-term capital gains.

Learn more: How to Minimize Inheritance, Estate & Capital Gains Taxes

1031 Exchanges: A Crucial Battle for Real Estate Investors

Real estate investors are likely to be most concerned with the parties' opposing views on 1031 exchanges.

Democratic Plan: Eliminate the 1031 exchange provision, which allows real estate investors to defer capital gains taxes by reinvesting in similar properties. This could have significant implications for real estate investors and those seeking to build generational wealth.

Republican Plan: The Republicans are likely to preserve 1031 exchanges, in line with their overall focus on minimizing tax burdens and promoting investment.

Learn more: 1031 Exchange Explained: Swap and Save!

Unrealized Gains: A Controversial Proposal from Democrats

The concept of taxing unrealized gains has been floated by Kamala Harris.

Democratic Plan: Kamala Harris has proposed a 25% tax on unrealized capital gains for individuals with wealth exceeding $100 million. While this plan is unlikely to gain traction due to implementation challenges, it remains a talking point within the party.

Republican Plan: The Republican Party vehemently opposes such taxes, arguing that taxing unrealized gains would be difficult to implement and could stifle investment.

Learn more: California’s Scheme to Increase Your Property Taxes!

Stepped-Up Basis: Will Inherited Wealth be Taxed?

Both parties take opposing views on the elimination of the stepped-up basis.

Republican Plan: Eliminate the stepped-up basis for high-net-worth Americans. This would subject inherited assets to capital gains taxes based on their original purchase price rather than their value at the time of inheritance.

Republican Plan: Preserve the stepped-up basis, allowing heirs to continue benefiting from the tax break, which often plays a crucial role in preserving family wealth.

Child Tax Credit: Both Parties Support Increases, But with Different Approaches

Both parties support enhancing the Child Tax Credit, but with varying levels of commitment.

Democratic Plan: Kamala Harris has proposed increasing the credit to $3,600 per child and creating a $6,000 credit for newborns. This follows the model of the 2021 American Rescue Plan Act.

Republican Plan: While Trump has not specified a figure, his running mate has floated the idea of increasing the Child Tax Credit to $5,000 per child.

Conclusion: A Stark Divide in Tax Policy

The 2024 Democratic and Republican platforms present dramatically different tax policies that will impact estate planning, capital gains, and wealth management. Democrats are focusing on raising taxes for the wealthiest Americans, eliminating tax loopholes like the stepped-up basis and 1031 exchanges, and implementing higher capital gains taxes for millionaires. Meanwhile, Republicans are advocating to maintain Trump-era tax cuts, keep favorable capital gains and estate tax provisions in place, and increase the Child Tax Credit.

For high-net-worth individuals and estate planners, understanding these policy proposals is crucial for making informed decisions in the coming years.

Read more: The 2024 Democratic Party Platform on Taxes: What You Need to Know

Read more: The 2024 Republican Platform and Tax Policy: Key Impacts on Wealth Transfer

Read more: How Project 2025 Could Reshape Income, Estate, and Gift Taxes

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