the Sports Page:
State Tax Rates Debated as LeBron James Goes to Florida Team

When free agent basketball star LeBron James announced that he was leaving the Cleveland Cavaliers to join the Miami Heat, the subject of state income taxes became a hot topic of discussion on blogs and in publications dealing with sports, politics and finance.

A July 10 editorial in the Wall Street Journal put it this way: "We come not to praise or bury LeBron James, but only to note that by moving to Miami he's going to save a bundle on taxes. ... Florida has no income tax. The rate in Akron, Ohio is a little over 7 percent. Mr. James figures to earn close to $100 million in salary over five seasons in Miami. According to an analysis by Richard Vedder, an economist at Ohio University, Mr. James's net present value tax savings on his salary are between $6 million and $8 million by living in Miami versus his home town of Akron. Professional athletes do have to pay other state taxes for the dates they play in visiting team arenas, but most of Mr. James's considerable endorsement income would be taxed at Florida rates."

The editorial states, "Even Ohio's famously liberal Senator, the late Howard Metzenbaum, moved to Florida late in his life to reduce his estate taxes."

The New York Knicks and New Jersey Nets (both in states with an 8.97 percent top income tax rate) also were vying for Mr. James's talents, and the Los Angeles Clippers also threw their hat in the ring (handicapped both by their reputation for losing and by California's 9.55 percent top rate, plus 1 percent on taxable income over $1 million).

In other recent activity, free agent Chris Bosh, formerly of the Toronto Raptors, also signed with Miami, and free agent Dwyane Wade decided to stay with the Heat.

"Who says the rich don't consider tax rates?" asked Joel Fox, president of the Small Business Action Committee, on his Fox & Hounds Daily blog July 9. "Not Florida residents Tiger Woods, the tennis playing Williams sisters or their new neighbors on the basketball court."

Radio talk show host Rush Limbaugh, who also lives in Florida (and has a condo in New York), predicted at the beginning of July that Mr. James would sign with Miami, based on an analysis of state income taxes.

John Seiler, in a July 13 column for CalWatchDog.com, quotes Cal-Tax Vice President of Communications and Research David Kline: "California's high tax rates are a major factor in many financial decisions, from those made by big-time sports stars to those made by retirees, people just beginning their careers and middle-class families who are considering starting a new business."

In other news involving sports and the tax man:

Timing of Steinbrenner's Death Saves Heirs Millions in Taxes. George Steinbrenner's death on July 13, at the age of 80, was of interest to tax experts as well as sports enthusiasts. Because the billionaire owner of the New York Yankees died in 2010, his heirs will not be subject to the federal estate tax, which is not in effect this year but was in 2009, and likely will be again in 2011.

The Associated Press explains that his death "came during an unplanned year-long gap in the estate tax, the first since it was enacted in 1916." The estate tax is scheduled to return in 2011, with a top rate of 55 percent. The House passed a bill last year that would have extended the estate tax at the 2009 rates, but it stalled in the Senate. Many Republicans want to eliminate the federal estate tax altogether, while many Democrats want to extend it at the 2009 rates.

"If you're super-wealthy, it's a good year to die," said Jack Nuckolls, an attorney and estate planner with the accounting firm BDO Seidman. "It really is."

Under the old law, those with estates valued at more than $3.5 million had to pay the estate tax. Without knowing the exact details of Steinbrenner's holdings and estate plan, it's impossible to say how much money would have been paid in taxes had he died when the estate tax was in effect.

The AP reported: "Forbes magazine has estimated Steinbrenner's estate at $1.1 billion. The federal estate tax in 2009 was 45 percent, with the $3.5 million per-person exemption. If he had died last year, his estate could thus have faced federal taxes of almost $500 million, depending on how the estate was structured."

That doesn't mean his heirs permanently escape all taxes related to his assets. They will still have to ultimately pay a capital gains tax if and when assets are sold. And due to a change in tax law this year, the tax would be applied to the amount by which the assets have appreciated since Mr. Steinbrenner acquired them.

The Steinbrenners are expected to avoid what happened to the family of Chicago Cubs owner P.K. Wrigley after he died in 1977. The family was forced to sell the Cubs to the Tribune Company four years later to pay the taxes on Mr. Wrigley's estate.

There had been talk on Capitol Hill of reinstating the tax retroactively, to the start of this year, but as the year progresses, lawmakers say that is increasingly unlikely. (Source: The Associated Press, July 14.)

Cal-TaxReports, July 19, 2010

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