New Tax Laws Toward Investments in 2022 - ColoradoBiz (2024)

Tax changes affecting investors, business owners, homeowners, and Colorado taxpayers.

Colorado overhauled its state tax code in 2021, and many of the changes will have an impact on investors. Additionally, the federal government has adjusted various tax laws in response to inflation and the pandemic, so the tax landscape may be quite different from a year ago. Read on to find out how the changes affect investors, business owners, homeowners, and other Colorado taxpayers.

Property owners will get a break on their property taxes, Small-Business owners will get a tax cut

Itemized Deductions Are Capped for High Earners, Business Owners

For taxes due in 2022, households that make more than $400,000 a year can only claim $60,000 in itemized deductions. Additionally, business owners who make more than $500,000 in individual income or $1 million as a household will not be allowed to take the “pass through” deduction, which allows individuals to deduct business income from their personal taxes. The deduction had been temporarily suspended in 2012, but this time, it’s permanent.

For Colorado homeowners, homeowner tax deductions remain largely unchanged.

Capital Gains Will Be Subject to State Taxes

Previously, Colorado residents who paid federal capital gains taxes were exempt from capital gains at the state level. Those days are gone. There’s a small category of agricultural property owners who will still be able to deduct capital gains, but most Colorado taxpayers will have to pay capital gains taxes on their investment income.

However, Coloradans can still access one of the most effective ways to protect their capital gains — the 1031 exchange. Using a 1031 exchange in Colorado, investors can defer capital gains payment by reinvesting profits from the sale of a property into a like-kind property. The best part is, investors can use a 1031 exchange repeatedly, building up their real estate portfolio and deferring capital gains endlessly.

State Property Taxes Will Decrease

Property owners will get a break on their property taxes in 2022 and 2023. Single-family homes will see a reduction of about 3%, apartment properties will see a 5% reduction, and agricultural and renewable energy properties will get a discount of about 9%. Colorado also expanded a property tax deferment program for owners whose taxes increase dramatically.

This change is likely a response to skyrocketing home values in Colorado. By 2025, one recent analysis estimates that the assessed value of residential property in all of Colorado is projected to increase by nearly 40% — from $7.3 billion to $13.9 billion.

Under the present statewide property tax system, revenue would almost double, which could strain many homeowners and home buyers, even with sweeteners, such as home buyer rebates that make homeownership more affordable.

Small-Business Owners Will Get a Tax Cut

Previously, business owners had to pay a personal property tax on office items, such as equipment, furniture, or electronics. Under the old law, anything over $7,900 was taxable. However, recent changes raised the threshold to $50,000, giving small businesses a big break.

Coloradans Could Pay State Taxes With Cryptocurrency

In February, Gov. Jared Polis announced at a crypto conference in Denver that the state was planning to accept cryptocurrency as a tax payment method starting sometime in 2022. This proposal comes after years of positioning Colorado as a leader in the crypto economy.

However, financial experts warn that using cryptocurrency to pay state taxes could be complicated. If the crypto used to pay state taxes appreciates in value, disposing of it will trigger capital gains taxes — meaning that crypto holders could get pinged with another tax bill.

First-Time Stockholders, Take Note

In 2021, “meme stocks,” such as GameStop and AMC, gained popularity through social media, especially among Gen Z and millennial investors. Profit on an investment held for less than one year is considered short-term capital gains, which is taxed like ordinary income. For stocks held longer than a year, profits are considered long-term capital gains, which are subject to tax rates of 0%, 15%, or 20% depending on income.

Finally, for investors who bought high and took a loss, there’s a silver lining. Those investors can deduct up to $3,000 in losses against their regular income. If they lost more than that, they could carry it forward in subsequent years.

Changes to Roth IRA Accounts Could Be on the Way

The “Build Back Better” bill that’s currently before Congress contains a proposal that would end “backdoor” Roth IRAs — a strategy wealthy taxpayers use to avoid Roth IRA income restrictions. This new law would only affect taxpayers with incomes of $400,000 or more, and it wouldn’t take effect for several years, meaning most people could still take advantage of this financial hack.

New Tax Laws Toward Investments in 2022 - ColoradoBiz (1)Luke Babich is the Co-Founder ofClever Real Estate, a real estate education platform committed to helping home buyers, sellers, and investors make smarter financial decisions. Luke is a licensed real estate agent in the State of Missouri and his research and insights have been featured on BiggerPockets, Inman, the L.A. Times, and more.

New Tax Laws Toward Investments in 2022 - ColoradoBiz (2024)

FAQs

What is the investment income tax for 2022? ›

As an investor, you may owe an additional 3.8% tax called net investment income tax (NIIT). But you'll only owe it if you have investment income and your modified adjusted gross income (MAGI) goes over a certain amount.

How do I avoid capital gains tax 2022? ›

Use tax-advantaged accounts

Retirement accounts such as 401(k) plans, and individual retirement accounts offer tax-deferred investment. You don't pay income or capital gains taxes at all on the assets in the account. You'll just pay income taxes when you withdraw money from the account.

What is the new investment tax? ›

NIIT is a tax on net investment income. Those who are subject to the tax will pay 3.8 percent on the lesser of the following: their net investment income or the amount by which their modified adjusted gross income (MAGI) extends beyond their specific income threshold.

How much tax will I pay on my investments? ›

What is the Capital Gains Tax rate? The amount of tax you're charged depends on which income tax band you fall into. Basic-rate taxpayers are charged 10% on their realised profits, while higher-rate (and additional rate) taxpayers must pay 20%.

At what age do you not pay capital gains? ›

Capital Gains Tax for People Over 65. For individuals over 65, capital gains tax applies at 0% for long-term gains on assets held over a year and 15% for short-term gains under a year. Despite age, the IRS determines tax based on asset sale profits, with no special breaks for those 65 and older.

What is a simple trick for avoiding capital gains tax? ›

Offset your capital gains with losses

Tax-loss harvesting is a tactic that involves selling investments at a loss to offset capital gains from other investment sales. In this case, if you made a profit on your home sale, you can use losses from other investments to reduce your taxes.

What investment is not subject to income taxes? ›

Although tax-exempt mutual funds usually produce lower yields, you generally don't have to pay federal taxes on earnings from tax-exempt money market and bond funds. And you can save even more if you live in a state that offers similar exemptions.

Do you need to report investments if you didn't sell? ›

You don't report income until you sell the stock. Your overall basis doesn't change as a result of a stock split, but your per share basis changes. You'll need to adjust your basis per share of the stock. For example, you own 100 shares of stock in a corporation with a $15 per share basis for a total basis of $1,500.

What are the taxes on business investments? ›

Capital gains

They're usually taxed at ordinary income tax rates (10%, 12%, 22%, 24%, 32%, 35%, or 37%). Long-term capital gains are profits from selling assets you own for more than a year. They're usually taxed at lower long-term capital gains tax rates (0%, 15%, or 20%).

At what income level does the 3.8 surtax kick in? ›

A Medicare surtax of 3.8% is charged on the lesser of (1) net investment income or (2) the excess of modified adjusted gross income over a set threshold amount. The threshold is $250,000 for joint filers, $125,000 for married filing separately, and $200,000 for all other filers.

How much is interest income taxed 2022? ›

There are no specific tax rates for most of the interest that you earn from your savings or investment accounts. Instead, you will pay tax at the rate of your ordinary income. So if you are in the tax bracket that requires a 22% tax then that is what you would pay on your earned interest income.

How much investment income do I have to report? ›

Investment income may also be subject to an additional 3.8% tax if you're above a certain income threshold. In general, if your modified adjusted gross income is more than $200,000 (single filers) or $250,000 (married filing jointly), you may owe the tax.

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