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DC Delays Muni Bond Income Tax for One Year, Adds Higher Top Tax Rate (UPDATED)

First, the bad news. Effective October 1, 2011, DC residents with taxable income above $350,000 in a tax year will be subject to a new 8.95% tax rate on that income. This is up from a top rate of 8.5% on income over $40,000. This rate will be effective for 4 years only, then expire.

Now, the good news. The higher rate was implemented as an offset to pay for delaying the taxation of out-of-state municipal bond income. Municipal bond income from any jurisdiction outside of DC was scheduled to be taxed in DC starting January 1, 2011. That income will now be taxed starting January 1, 2012, providing a one-year delay to the inevitable taxation of this income, and eliminating the need to adjust estimated taxes for 2011.

Mayor Vincent Gray will sign the emergency budget amendment as soon as it hits his desk.

UPDATE: 9/22/2011:  The new law changes the taxation of non-DC municipal bond income in one additional way.  Previously, the tax, when it took effect, applied to all non-DC municipal bond income.  With this new law change, the tax applies only to non-DC municipal bonds purchased after the effective date of January 1, 2012.  This "grandfathers" in existing bonds but creates additional complexity in determining which bonds are subejct to the new tax. 

Comments   

 
0 #6 Mike M 2012-04-18 13:59
It is too bad that DC muni interest will be taxable in 2012. It is also unfortunate that the top tax rate in dc had to be added and raised. This is likely to hurt small businesses in these tough times. It would probably be better for DC to have more local control over the budget while cutting spending, fraud and waste in government spending. --Mike M. www.murraycavanaugh.com/blog.php
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0 #5 B. Wynne 2011-12-02 07:25
Thanks for the comment. Here is the link to the full press release / tax notice:

http://newsroom.dc.gov/show.aspx/agency/otr/section/2/release/22692
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0 #4 Bon Scott 2011-12-02 06:13
Bad news for mutual funds; Read this from DC:
November 17, 2011
OTR Tax Notice 2011-06How do I treat Income from state and municipal bonds held in a mutual fund?
Income from state and municipal bond funds will be subject to DC income tax if:

The income is not income from federally exempt bonds or from DC and Washington Metropolitan Airport Authority bonds; and
The bonds were purchased by the fund after December 31, 2011.

Income from state and municipal bond funds is exempt from DC taxation to the extent that the mutual fund provides you with written or electronic substantiation of the income from bonds acquired prior to January 1, 2012. Without such information only the proportion of income that is income from federally exempt bonds or DC Bonds and Washington Metropolitan Airport Authority bonds would be exempt from taxation.
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0 #3 B. Wynne 2011-09-30 04:58
I have not yet read any guidance on how bonds held inside mutual funds will be treated in DC. I'll keep my eyes peeled and update the blog if something comes out.
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0 #2 Keith Andre Holmes 2011-09-27 12:38
I thought this might be of interest if you have clients who live in the District.
Keith
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0 #1 Barry Kostisnky 2011-09-27 07:03
Does anyone know exactly how the tax law affects holdings of municipal bond mutual fund holdings?

The fund will buy and sell bonds continously while my holdings, that is, the number of shares does not change (if I do not reinvest distributions and do not buy more shares). Does the interest reamain DC tax free is I do not add to my account after Jan 1, 2012.
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