In the early part of my career I considered tax planning to be rather surgical. We knew the issues, we knew the law, and the process was rather clinical. However, in the past several years, tax planning has become more like reading a crystal ball. Sure we still know the issues, but the problem is that as we approach the end of one year (such as 2012) the final laws for next year (2013) still have not been finalized.

In fact, in some years (like 2012) we still haven’t been given the final laws for this year, such as many of the “extender provisions” like the AMT patch or whether the Research Tax Credit will be available for 2012. Therefore, tax planning has become about what-if scenarios and often guessing at what will happen with the laws. While these what-if scenarios are important, it is equally important to focus on what is known. As 2013 approaches there are several things that are certain that business owners and their tax advisors need to remember. Considering these items will help bring some clarity to your crystal ball.


Higher tax rates in 2013

Despite all the uncertainty of the “fiscal cliff” rhetoric, after the election, one thing is almost