The Tax Cuts and Jobs Act, enacted in December 2017, affects nearly every business and individual in 2018 and the years ahead. As a small business or self-employed taxpayer, you should understand how the new tax law could affect your bottom line and how the changes for individuals relate to your business situation.
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New deduction for qualified businesses (199A)
Eligible taxpayers may now deduct up to 20 percent of certain business income from domestic businesses operated as sole proprietorships or through partnerships, S corporations, trusts, and estates. The deduction may also be claimed on certain dividends. Eligible taxpayers can claim the deduction for the first time on the 2018 federal income tax return they file in 2019.
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Withholding
The Treasury Department and the Internal Revenue Service issued Notice 2018-14 and Publication 15, Employer’s Tax Guide to help businesses apply law changes to withholding. These materials are designed to help employers and employees with a variety of withholding matters during and after the transition to new, reduced tax rates and updated withholding tables.
More information is available in Notice 1036 and the IRS Withholding Tables Frequently Asked Questions.
Resources:
- News Releases: IR-2018-05, IR-2018-205
- Withholding Calculator
Deductions, depreciation and expensing
Businesses can immediately expense more under the new law. A taxpayer may elect to expense the cost of any section 179 property and deduct it in the year the property is placed in service. The new law increased the maximum deduction from $500,000 to $1 million. It also increased the phase-out threshold from $2 million to $2.5 million.
Resources:
- Comparison of changes to rules for expensing depreciable business assets under TCJA
- FS-2018-9
- Tax Reform Tax Tip 2018-68
New 100-percent depreciation deduction
The new 100-percent depreciation deduction allows businesses to write off most depreciable business assets in the year they are placed in service by the business.
Resources:
- Comparison of changes to 100-percent depreciation deduction under TCJA
- Small Business Initiative
- News Releases: IR-2018-159, IR-2018-196, IR-2018-203, IR-2018-223
- REG-104397-18
- Additional First Year Depreciation Deduction (Bonus) Frequently Asked Questions,
- Tax Reform Tax Tip 2018-157
- Notice 2018-30
- New tax law offers 100-percent, first-year ‘bonus’ depreciation
Recovery period for residential rental property
The general recovery period for residential rental property is 27.5 years. The law changed the alternative depreciation system recovery period for residential rental property from 40 years to 30 years.
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Employer deduction for certain fringe benefits
The new law disallows employer deductions for (1) activities generally considered to be entertainment, amusement, or recreation; (2) membership dues for clubs organized for business, pleasure, recreation, or other social purposes; or (3) a facility used in connection with the above items, even if the activity is related to the active conduct of trade or business.
It also disallows deductions for expenses associated with transportation fringe benefits or expenses incurred providing transportation for commuting (except as necessary for employee safety).
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Like-Kind Exchanges
Like-kind exchange treatment now applies only to exchanges of real property and not to exchanges of personal or intangible property. An exchange of real property held primarily for sale still does not qualify as a like-kind exchange.
Resources:
- Comparison of changes to like-kind exchanges under TCJA
- Form 8824, Like-Kind Exchanges and instructions
- Publication 544, Sales and Other Disposition of Assets
- Tax Reform limits like-kind exchanges
- IR-2018-227
Real estate rehabilitation tax credit
TCJA keeps the 20 percent credit for qualified rehabilitation expenditures for certified historic structures, but requires that taxpayers take the 20 percent credit over five years instead of in the year they placed the building into service. The 10 percent credit for pre-1936 buildings is repealed under TCJA. This provision is effective for amounts that taxpayers pay or incur for qualified expenditures after December 31, 2017.
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Changes in accounting periods and methods of accounting
TCJA changed the accounting procedures under several different situations. IRS guidance provides procedures for eligible businesses to obtain automatic consent to change their method of accounting.
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Corporate methods of accounting
Eligible terminated S corporations are required to change from the overall cash method to an overall accrual method of accounting because of a revocation of its S corporation election, and they should make this method change for the C corporation’s first taxable year after such revocation.
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Blended Federal Income Tax
Many U.S. corporations elect to use a fiscal year end and not a calendar year end for federal income tax reporting purposes. Due to a provision in the TCJA, a corporation with a fiscal year that includes Jan. 1, 2018 will pay federal income tax using a blended tax rate and not the flat 21 percent tax rate under the TCJA that would generally apply to taxable years beginning after Dec. 31, 2017.
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Employer Credit for Paid Family and Medical Leave
A general business credit employers may claim, based on wages paid to qualifying employees while they are on family and medical leave, subject to certain conditions.
Eligible employers who set up qualifying paid family leave programs or amend existing programs by Dec. 31, 2018 will be eligible to claim the employer credit for paid family and medical leave, retroactive to the beginning of the employer’s 2018 tax year, for qualifying leave already provided. Notice 2018-71 provides detailed guidance on the new credit in a question and answer format.
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Farmers and Ranchers
Many farmers and ranchers will benefit from tax law changes that affect net operating losses, pass-through entities and accounting method changes.
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Opportunity zones
Opportunity zones are an economic development tool—that is, they are designed to spur economic development and job creation in distressed communities. Opportunity Zones are designed to spur economic development by providing tax benefits to investors.
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