Tax Cuts and Jobs Act of 2017
Effective date: The individual changes are generally effective for tax years beginning after 12/31/17 and before 1/1/2026.
• Thus, the wording is “suspends” rather than “repeals”
Individual tax rates
10%, 12%, 22%, 24%, 32%, 35%, and 37%.
• Highest rate applies at taxable income of $600,000 MFJ and
$500,000 single and HOH.
• Marriage penalty imposed at highest brackets
Trust tax rates 10%, 24%, 35%, and 37%, beginning in 2026.
The unearned income of a child is taxed at trust rates, rather than the tax rates applicable to the parents.
Exemptions Suspends the deduction for exemptions to 2026.
Child tax credit
The child tax credit is increased to $2,000 ($1,400 refundable) for qualifying children under 17. A $500 credit is added for other dependents.
• No credit is allowed unless the SSN of child is provided—ITINs are no longer accepted.
• The phase-out is increased to begin at $400,000 MFJ and
$200,000 single and HOH (was $75,000 and $110,000)—phase-out numbers are not indexed for inflation.
Zero, 15%, and 20%; 25%, and 28% rates are retained.
• The zero rate applies up to taxable income of $77,200 MFJ,
$51,700 HOH, and $38,600 single (2018).
• Basis rules retained (FIFO proposal dropped).
• Retains current rules for §121 home sale exclusion.
Adjustments—moving expense deduction
Suspends the moving expense deduction except for military moves. There is a corresponding provision that makes moving expense reimbursement taxable.
Suspends the alimony paid deduction for agreements executed after Dec. 31, 2018. There is a corresponding repeal of the provisions providing inclusion of alimony in gross income.
Teacher deduction Retains teacher deduction at $250.
Increases standard deduction to $12,000 single, $18,000 for HOH, and $24,000 MFJ.
Itemized deductions Suspends the phase-out of itemized deductions.
Allows medical expenses in excess of 7.5% of AGI for 2017 and 2018. Removes AMT preference between 7.5% and 10% for 2017 and 2018.
State and local taxes
Suspends all Schedule A individual state and local tax, sales tax, and property tax deductions above $10,000.
• Bill specifically prohibits deduction for prepaid 2018 state income taxes.
Reduces acquisition debt from $1,000,000 to $750,000 for debt incurred after 12/15/17.
Suspends (new and old) equity debt interest deduction.
Increases the 50% AGI limitation on cash contributions to public charities and certain private foundations to 60%.
Suspends a charity deduction for amounts paid for college athletic seating rights.
Misc. itemized deductions
Suspends all misc. itemized deductions that are subject to the 2% of AGI limitation, including employee business expenses, tax prep fees, investment advisor fees, legal fees, etc.
Misc. itemized deductions
Suspends personal casualty loss deductions except for presidentially declared casualty losses.
Gambling losses are limited to gambling winnings for professional gamblers.
Retains AMT but increases the exemption amount to $109,400 MFJ,
$70,300 single and HOH. Phase-out of exemption increased to $1,000,000 MFJ and $500,000 single and HOH.
Adoption credit - Retains as in current law.
Earned income credit - Retains as in current law.
Education—§529 Allows a qualified distribution for K–12 school expenses up to $10,000 from a 529 tuition savings plan per student.
Retains student loan interest deduction, US savings bond exclusion, and tuition waiver exclusion.
The beneficiary can contribute up to the lesser of federal poverty level or beneficiary’s earned income.
Retirement—IRA recharacterization Suspends recharacterization rule.
If the taxpayer defaults on a pension plan loan, a deemed distribution occurs. The taxpayer can rollover the deemed distribution amount into an IRA by the extended due date of the return (was 60 days) if the default occurs because of termination of the plan or because of the employee’s severance from employment.
The estate, gift, and generation skipping tax exemption amounts are doubled. Estate tax is not repealed. Step up in basis is retained.
• $11,200,000 (2018).
The individual mandate penalty is reduced to zero after 2018. The 3.8% tax on net investment income (NII) and 0.9% additional Medicare tax are retained.
This is NOT all-inclusive and is NOT meant for tax advice. This is a summary of the new tax bill and if you need tax advice please contact your tax adviser.
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