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New Tax law and preferred dividends
Published by: mike 2010-03-18
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  • How do I figure out if the dividends on my preferred stock are going to be taxes at the new lower rate


  • Hello chicagorunner-ga, Whether your preferred stock will be taxed at the lower rate or not under the new tax law will depend on what type of preferred stock you own. Unfortunately, it appears that most preferred stock dividends will not qualify for the lower rate because they considered interest rather than dividends. Only traditional preferred stock dividends, on which the company has already paid taxes, will qualify. According to a USA Today article on the subject titled, “Most preferred stock wouldn't get tax help” http://www.usatoday.com/money/perfi/taxes/2003-01-09-dividends-cover-preferred_x.htm “Nearly 75% of so-called preferred shares are actually a popular hybrid Wall Street came up with to appease corporations in the 1990s. These shares, called hybrid preferreds, are treated as debt and give companies a tax break. There's no potential tax break for individual investors, though, because payments made by companies on hybrid preferred shares are considered interest, not dividends, and are not included in Bush's plans. Making things worse, the only way investors can tell what kind of preferred stock they have or are buying is by diving into the prospectus.” --- “Preferred shares that stand to benefit from Bush's proposal are very rare. Only about 100 companies, mostly banks and utilities, have $24 billion worth of traditional preferred stock outstanding. Those scarce issues are the only ones paying dividends that would qualify for a break, says William Scapell, director at Merrill Lynch. That's dwarfed by the $140 billion worth of hybrid preferred shares that pay interest and wouldn't be eligible. Investors should think twice before trying to snap up the traditional preferred. Most were issued in the 1950s and aren't actively traded. They often don't even have ticker symbols, making them difficult to buy or sell. Also, they usually pay lower yields than hybrids, Scapell says.” According to Time.com http://www.time.com/time/globalbusiness/article/0,9171,1101021223-400001,00.html “That could change as early as next year. Lawmakers appear eager to reduce or eliminate the tax on dividends from common stock, and they may do the same for dividends from convertible and traditional preferred stock as well — though not for dividends from the new breed of fully taxable preferred. That prospect is driving up the prices of dividend-paying stocks. Why aren't fully taxable preferreds in line for tax relief? They have so many bondlike traits that tax authorities treat the payouts not as dividends but as interest payments (where no tax changes are in store). So tax relief — if it ever comes — could tilt the table toward traditional preferred. As for convertible preferred, that should be thought of as common stock, which isn't the best way to generate an income stream.” According to BusinessWeekOnline http://www.businessweek.com/bwdaily/dnflash/may2003/nf20030530_8758_db035.htm “At first blush, preferred stocks -- shares that pay a high, fixed dividend -- would also appear to get a big boost. But two-thirds of the $208 billion market in preferred shares won't qualify for the tax break on dividends, because their payout is more akin to interest than to corporate dividends. While some experts predict a flood of new preferred issues to take advantage of the tax cut, they also advise investors to steer clear for now. "Preferred-stock mutual funds will spring up to help investors sort out the accounting and get diversification," says Martin Nissenbaum, director of personal finance and taxes at Ernst & Young International.” Other references: Sunspot.net http://www.sunspot.net/news/nationworld/bal-investors0523,0,7857636.story?coll=bal-home-headlines “Q: Would all stock dividends be eligible for the lower rate? A: No. Real estate investment trust dividends would not qualify for the 15% rate, because most REITs don't pay corporate income taxes. REIT dividends would be taxed at ordinary income tax rates, according to the National Assn. of REITs. Also, so-called preferred stocks may not qualify, depending on how the securities are structured, tax experts say. If the income generated by a preferred stock is considered to be interest rather than a dividend, it would be subject to ordinary tax rates, experts say.” San Francisco Chronicle http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/05/25/BU228791.DTL “Preferred stocks -- If the preferred stock is an equity, the dividend will qualify for the 15 percent tax. If the preferred stock is really a debt instrument, which many are, the dividend is really interest and will still be taxed as ordinary income, according to the U.S. Treasury.” Wayne State University Law School http://www.law.wayne.edu/mcintyre/text/dividend_relief_details.pdf “Wall Street has devoted a lot of effort in recent years to creating hybrid securities that would look like preferred stock on corporate balance sheets and thereby make the company appear to have more equity, but whose payments would qualify as tax-deductible interest payments for the company. In fact, said William Scapell, a fixed-income analyst at Merrill Lynch, 72 percent of the existing securities that are called preferred stock fall into that category. Ms. Olson said that since companies were deducting interest on the payments, the dividends would not be tax free. Another 13 percent of preferred issues either come from foreign companies or from real estate investment trusts, and would not be eligible for tax-free status. Only the remaining 15 percent of existing preferred stock is eligible for tax-exempt dividend payments. But Mr. Scapell said that some companies might choose to redeem existing hybrid securities and issue new preferred shares that would qualify for tax-exempt dividend payments.” TaxSavvyInvesting.com http://www.taxsavvyinvesting.com/Taxsavvyinvesting24746PM/Articles/2003taxproposal.pdf “Preferreds – the world turned upside down: At the first pass, it would appear that preferred stocks, which traditionally pay large dividends, would benefit greatly from this proposal. Well, to quote our musical friend Mr. Gershwin, “it ain’t necessarily so”. That is because there are many flavors of preferred stock, and among them is a creation called Trust Preferreds. These are preferreds structured to enable the issuer to treat them as debt. Accordingly, corporate tax deductions are allowed for the dividends/interest paid thereon. When they first emerged in the ’80s and ’90s the issuers loved them. In fact they issued trust preferreds to refinance their conventional preferreds and their common stock. So what’s the problem here? Do you recall that the original objective of the tax proposal was to eliminate double taxation? Well, the first corollary to that objective is that those who got deductions do not get to issue tax-free dividends. Otherwise the income would never be taxed at all! So, under the new rules, the conventional preferreds that had been in disfavor will be in demand, while the trust preferreds that had been so popular will go out of favor.” LazyInvestor.net http://www.lazyinvestor.net/sample.htm “Not all dividends will be exempt from taxes under the plan. In order to qualify as a tax-free dividend, a company will have had to pay taxes on those dividends. Thus, for “pass-through” entities that don’t pay taxes at the corporate level, individuals receiving distributions will still have to pay taxes on those distributions. For example, distributions paid by real-estate investment trusts won’t be eligible for a dividend exclusion. For that reason, it would not be surprising to see REITs see some selling pressure if the president’s plan becomes law. However, holding a few quality REITs in a portfolio makes sense from a portfolio diversification perspective. Thus, as long as REITs don’t make up more than, say, 5% to 7% of a portfolio, hold on to them. Other “dividends” that won’t get preferential tax treatment are those paid by “trust preferred” securities. Yes, traditional preferred stock will receive the tax exclusion on dividends. But preferred securities going by such goofy-sounding acronyms as QUIPS (Quarterly Income Preferred Securities) and TRUPS (Trust Preferred Securities) will not receive the tax exclusion. That’s because these securities are nothing more than debt disguised as preferreds. And the “dividends” paid by trust preferred securities are considered interest income for tax purposes.” United States Department of the Treasury Reduction in Individual Tax Rates on dividends and Capital Gains under the Jobs and Growth Tax Relief Reconciliation Act of 2003 http://www.ustreas.gov/press/releases/js414.htm I hope you have found this information helpful. If you have any questions, please request clarification prior to rating the answer. Googlenut Search Strategy: Google Search Terms: "preferred stock" dividends interest ://www.google.com/search?hl=en&ie=ISO-8859-1&q=%22preferred+stock%22+dividends+interest "preferred stock" dividends interest bush tax ://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22preferred+stock%22+dividends+interest+bush+tax "preferred stock" dividends interest "bush tax plan" ://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22preferred+stock%22+dividends+interest+%22bush+tax+plan%22 Google News Search Terms: bush tax dividends preferred http://news.google.com/news?hl=en&edition=&q=bush+tax+dividends+preferred bush tax dividends "preferred stock" http://news.google.com/news?hl=en&edition=&q=bush+tax+dividends+%22preferred+stock%22&btnG=Search+News
  • A X L E R T::
    File Format: PDF/Adobe Acrobat2003 (the “2003 Tax Act”) which was signed into law case of preferred stock,a taxpayer must hold the stock One important point about the new reduced tax rate on dividends is that it applies only to actual dividends.
    http://www.drinkerbiddle.com/files/Publication/bc772d1f-4f2e-4433-a7fe-3119b87b169e/Presentation/PublicationAttachment/45ec0577-5471-4f1a-a16e-c268fe72a395/TaxAlert0603.pdf
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    Preferred Stock and Fixed Rate Capital Securities (FRCS)::
    Federal tax law allows a qualified corporation to exclude 70% of dividend income received from but almost all preferred stock today is new money, where the DRD is 30%. Preferred stock is generally bought for its fixed dividend,
    http://thismatter.com/money/bonds/types/preferred_stock.htm
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    Income tax law and accounting, 1918: being a practical application - Google Books Result::
    href=http://books.google.com/books?id=VGU5AAAAMAAJ&pg=PA204&lpg=PA204&dq=New+Tax+law+and+preferred+dividends&source=bl&ots=PJ5fwYEfoZ&sig=GnSH0p3oj3YQcR-3r_w_50NL_qI&hl=en&ei=DY47StilLaO0MJ2XlcIO&sa=X&oi=book_result&ct=result&resnum=75 class=l onmousedown=return clk(this.href,,,res,104,)>Income tax law and accounting, 1918: being a practical application - Google Books Resultby Godfrey Nicholas Nelson - 1918 - Business & Economics - 364 pagesNo dividends or so-called interest on any kind of capital stock are deductible; "guaranteed," cumulative or preferred dividends are no exceptions.
    http://books.google.com/books?id=VGU5AAAAMAAJ&pg=PA204&lpg=PA204&dq=New+Tax+law+and+preferred+dividends&source=bl&ots=PJ5fwYEfoZ&sig=GnSH0p3oj3YQcR-3r_w_50NL_qI&hl=en&ei=DY47StilLaO0MJ2XlcIO&sa=X&oi=book_result&ct=result&resnum=75
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    MFA Financial, Inc. Announces First Quarter 2009 Preferred ::
    Feb 20, 2009 This dividend is payable on March 31, 2009 to preferred its qualification as a REIT for federal income tax purposes; New risks and uncertainties arise over time and it is not possible to predict those events or how they may affect MFA. Except as required by law, MFA is not obligated to,
    http://www.istockanalyst.com/article/viewiStockNews/articleid/3057349
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