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Tax Reform Legislation
Analysis
An overview of the Tax Cuts and Jobs Act of 2017
About Us
Mark Heath, CPA
Partner and Director of Tax
mheath@macpas.com
Dan Matarrese, CPA
Senior Manager and Director of
Individual Tax Services
dmatarrese@macpas.com
Individual Taxes – Digging Deeper
What happened to my deductions?
• Personal Exemptions
• State and Local Taxes
• Mortgage Interest
• Charitable Contributions
• Miscellaneous Deductions
• No more phaseout
Individual Taxes – Digging Deeper
Standard Issue – Not such a bad thing…..
• Almost doubling in 2018
• MFJ - $24k
• HoH - $18K
• Single - $12K
• MFS - $12K
Individual Taxes – Digging Deeper
The Smiths
• Married with two children, take the standard deduction.
• 2017 - $28,900 of total deduction ($4,050 exemptions X 4 + $12,700
Standard deduction).
• 2018 - $24,000 standard deduction
• Don’t forget to consider:
• Increased Child Tax Credit
• Drop in rates
Individual Taxes – Digging Deeper
Rates……
• Taxable Base: Amount of income subject to tax
• Tax Rate: The rate of tax applied to your taxable base
• The Tax Cuts and Jobs Act of 2017 cut taxes rates across the board
• But, it didn’t necessarily decrease your taxable base
Individual Taxes – Digging Deeper
All about that base, No C-Corp.
• With the C-Corp Rate going down, how do we keep pass-throughs
competitive?
• Qualified Business Income Deduction
• A new deduction of 20% from the taxpayer’s “Qualified Business Income”.
Individual Taxes – Digging Deeper
QBI is as simple as ABC…. Right?
• Owner of:
• Sole proprietorship – Schedule C
• Rental Activity – Schedule E
• S-Corporation – K-1
• Partnership K-1
• Gets a deduction equal to 20% of the amount of income from the business
activity they report on their return.
Individual Taxes – Digging Deeper
QBI – We need more postcards
• The deduction, however, is limited to the LESSER OF:
• 20% of qualified business income, or
• 50% of the total W-2 wages paid by the business.
• There is also an alternative limitation based on the owner's allocable share of 2.5% of the
unadjusted basis of certain business assets.
• The “50% of wage limitation” only applies if the taxable income of the
business owner is over certain thresholds
• $315,000 for a married filing joint return
Individual Taxes – Digging Deeper
QBI – We need more postcards
• So, all pass-through income is qualified business income……..
• Fake News!
• If taxable income is over the threshold amounts (315K for MFJ), income from “specified
service businesses” is no longer eligible for the deduction.
Individual Taxes – Digging Deeper
QBI – Still haven’t found what we’re looking for
• Is still remains clear whether the specifics of the calculation of the QBI
deduction will treat all pass-through entities equal.
C Corporations – The Key Aspects
• Flat tax rate of 21%
• Fiscal year filers must use a blended rate
• Impact on financial reporting
• Dividends received deduction
• 20% ownership = 65% deduction down from 80%
• <20% ownership = 50% deduction down from 70%
• AMT gone
• AMT Credits – refundable through 2021
C Corporations – The Key Aspects
• Net operating losses
• 2018 and future losses limited to offsetting 80% of taxable income
• Carried forward indefinitely (no carryback)
• 162(m) – key employee compensation
• Removes incentive based exception
• Applicable only to public companies
Business Taxes – The Key Aspects
• Limit on business interest deduction
• 30% of adjusted taxable income
• Taxable income adjusted for depreciation, amortization, and depletion
• Calculation done at the entity level
• 2018 through 2021
• BUSINESS interest only
• $25m gross receipts limitation
• Other restrictions
Business Taxes – The Key Aspects
• Domestic Production Activities Deduction
• Gone in 2018
• Fringe benefit rules
• Entertainment expenses now totally non-deductible
• No more free lunch
• ALL meals now only 50% deductible
• No deduction for transportation fringe benefits
• No deduction for local lobbying expenses
Business Taxes – The Key Aspects
• FMLA credit
• 2018 & 2019
• 12.5% of wages paid to FMLA employees
• If rate of wages paid is 50% of normal wages
• Increases ratably
• Qualified rehabilitation credit
• 10% credit – gone
• 20% now phased in over 5 years
Business Taxes – The Key Aspects
• 179 Expense
• Max up to $1m
• Phased out with cap ex over $2.5m
• Indexed for inflation
• Bonus depreciation
• 100% from 9/28/17 through 12/31/2022
• New and new to you
• Phase out after 2022
• PA says no bonus for you
• Qualified improvement property
• Removes restrictions
Business Taxes – The Key Aspects
• R&D Expenses
• Must be capitalized and amortized over 5 years beginning in 2022
• Like kind exchanges
• Gone for personal property
Flow-Through Entities – The Key Aspects
• Deduction for pass-through income
• 20% of qualified business income
• Reduction from taxable income at the individual level (not AGI)
• If MFJ AGI is greater than $315k, limitations apply
• 50% of W2 wages
• Sum of 25% of W2 wages plus 2.5% of qualified property
• Additional restrictions on professional service providers
Flow-Through Entities – The Key Aspects
• S Corporations converting to C Corporations
• Favorable treatment of post conversion distributions
• Partnership technical termination – gone
How Can McKonly & Asbury Help?
• Forecasting
• 199A deduction
• Business interest limitation
• Fixed asset review
• Bonus or 39 year property?
• Entity selection
• C Corp is back in play
Discussion and Questions
Mark Heath, CPA
Partner and Director of Tax
mheath@macpas.com
Dan Matarrese, CPA
Senior Manager and Director of
Individual Tax Services
dmatarrese@macpas.com
Building Successful
Employee Relationships
A Cornerstone to Fraud Prevention
and Risk Management

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Tax Reform Legislation Analysis - Part 2

  • 1. Tax Reform Legislation Analysis An overview of the Tax Cuts and Jobs Act of 2017
  • 2. About Us Mark Heath, CPA Partner and Director of Tax mheath@macpas.com Dan Matarrese, CPA Senior Manager and Director of Individual Tax Services dmatarrese@macpas.com
  • 3. Individual Taxes – Digging Deeper What happened to my deductions? • Personal Exemptions • State and Local Taxes • Mortgage Interest • Charitable Contributions • Miscellaneous Deductions • No more phaseout
  • 4. Individual Taxes – Digging Deeper Standard Issue – Not such a bad thing….. • Almost doubling in 2018 • MFJ - $24k • HoH - $18K • Single - $12K • MFS - $12K
  • 5. Individual Taxes – Digging Deeper The Smiths • Married with two children, take the standard deduction. • 2017 - $28,900 of total deduction ($4,050 exemptions X 4 + $12,700 Standard deduction). • 2018 - $24,000 standard deduction • Don’t forget to consider: • Increased Child Tax Credit • Drop in rates
  • 6. Individual Taxes – Digging Deeper Rates…… • Taxable Base: Amount of income subject to tax • Tax Rate: The rate of tax applied to your taxable base • The Tax Cuts and Jobs Act of 2017 cut taxes rates across the board • But, it didn’t necessarily decrease your taxable base
  • 7. Individual Taxes – Digging Deeper All about that base, No C-Corp. • With the C-Corp Rate going down, how do we keep pass-throughs competitive? • Qualified Business Income Deduction • A new deduction of 20% from the taxpayer’s “Qualified Business Income”.
  • 8. Individual Taxes – Digging Deeper QBI is as simple as ABC…. Right? • Owner of: • Sole proprietorship – Schedule C • Rental Activity – Schedule E • S-Corporation – K-1 • Partnership K-1 • Gets a deduction equal to 20% of the amount of income from the business activity they report on their return.
  • 9. Individual Taxes – Digging Deeper QBI – We need more postcards • The deduction, however, is limited to the LESSER OF: • 20% of qualified business income, or • 50% of the total W-2 wages paid by the business. • There is also an alternative limitation based on the owner's allocable share of 2.5% of the unadjusted basis of certain business assets. • The “50% of wage limitation” only applies if the taxable income of the business owner is over certain thresholds • $315,000 for a married filing joint return
  • 10. Individual Taxes – Digging Deeper QBI – We need more postcards • So, all pass-through income is qualified business income…….. • Fake News! • If taxable income is over the threshold amounts (315K for MFJ), income from “specified service businesses” is no longer eligible for the deduction.
  • 11. Individual Taxes – Digging Deeper QBI – Still haven’t found what we’re looking for • Is still remains clear whether the specifics of the calculation of the QBI deduction will treat all pass-through entities equal.
  • 12. C Corporations – The Key Aspects • Flat tax rate of 21% • Fiscal year filers must use a blended rate • Impact on financial reporting • Dividends received deduction • 20% ownership = 65% deduction down from 80% • <20% ownership = 50% deduction down from 70% • AMT gone • AMT Credits – refundable through 2021
  • 13. C Corporations – The Key Aspects • Net operating losses • 2018 and future losses limited to offsetting 80% of taxable income • Carried forward indefinitely (no carryback) • 162(m) – key employee compensation • Removes incentive based exception • Applicable only to public companies
  • 14. Business Taxes – The Key Aspects • Limit on business interest deduction • 30% of adjusted taxable income • Taxable income adjusted for depreciation, amortization, and depletion • Calculation done at the entity level • 2018 through 2021 • BUSINESS interest only • $25m gross receipts limitation • Other restrictions
  • 15. Business Taxes – The Key Aspects • Domestic Production Activities Deduction • Gone in 2018 • Fringe benefit rules • Entertainment expenses now totally non-deductible • No more free lunch • ALL meals now only 50% deductible • No deduction for transportation fringe benefits • No deduction for local lobbying expenses
  • 16. Business Taxes – The Key Aspects • FMLA credit • 2018 & 2019 • 12.5% of wages paid to FMLA employees • If rate of wages paid is 50% of normal wages • Increases ratably • Qualified rehabilitation credit • 10% credit – gone • 20% now phased in over 5 years
  • 17. Business Taxes – The Key Aspects • 179 Expense • Max up to $1m • Phased out with cap ex over $2.5m • Indexed for inflation • Bonus depreciation • 100% from 9/28/17 through 12/31/2022 • New and new to you • Phase out after 2022 • PA says no bonus for you • Qualified improvement property • Removes restrictions
  • 18. Business Taxes – The Key Aspects • R&D Expenses • Must be capitalized and amortized over 5 years beginning in 2022 • Like kind exchanges • Gone for personal property
  • 19. Flow-Through Entities – The Key Aspects • Deduction for pass-through income • 20% of qualified business income • Reduction from taxable income at the individual level (not AGI) • If MFJ AGI is greater than $315k, limitations apply • 50% of W2 wages • Sum of 25% of W2 wages plus 2.5% of qualified property • Additional restrictions on professional service providers
  • 20. Flow-Through Entities – The Key Aspects • S Corporations converting to C Corporations • Favorable treatment of post conversion distributions • Partnership technical termination – gone
  • 21. How Can McKonly & Asbury Help? • Forecasting • 199A deduction • Business interest limitation • Fixed asset review • Bonus or 39 year property? • Entity selection • C Corp is back in play
  • 22. Discussion and Questions Mark Heath, CPA Partner and Director of Tax mheath@macpas.com Dan Matarrese, CPA Senior Manager and Director of Individual Tax Services dmatarrese@macpas.com
  • 23. Building Successful Employee Relationships A Cornerstone to Fraud Prevention and Risk Management