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Economic Impact Payment & CARES Act

4/1/2020

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New Paying and Filing Deadline - July 15th
The IRS, OR and the City of Portland have moved the filing and paying deadline from April 15th until July 15th. This included paying, filing, HSA & IRA contributions, 1st Quarter Estimates (IRS only) and other deadlines. Oregon and City of Portland have NOT changed 1st quarter estimate, it is still April 15th. Not all states are following exactly in line with the IRS. Please click the link to find out who is and who isn't. April 15th - New Deadlines

Unemployment, Self-Employed Relief & Portland Small Business Relief Fund
The CARES act was signed into law on March 27, 2020 and will expand Unemployment Insurance benefits. Link
In the near future, they will provide guidance to customers on the:
  • Federal Pandemic Unemployment Compensation weekly benefit of $600
  • Benefits for self-employed individuals, including those working in the "gig" economy
  • Expansion of unemployment benefits for individuals whose benefits will soon expire
  • Benefits for individuals unable to start new work because of the pandemic
The Portland Small Business Relief Fund will provide grants and no interest loans to support Portland small businesses experiencing hardships related to COVID-19. Link

Economic Impact Payment
Tax filers with adjusted gross income up to $75,000 for individuals and up to $150,000 for married couples filing joint returns will receive the full payment. For filers with income above those amounts, the payment amount is reduced by $5 for each $100 above the $75,000/$150,000 thresholds. Single filers with income exceeding $99,000 and $198,000 for joint filers with no children are not eligible.
Eligible taxpayers who filed tax returns for either 2019 or 2018 will automatically receive an economic impact payment of up to $1,200 for individuals or $2,400 for married couples. Parents also receive $500 for each qualifying child.
Economic impact payments: What you need to know

Employee Retention Credit 
 IRS: Employee Retention Credit available for many businesses financially impacted by COVID-19 Link
  • The Treasury Department and the IRS launched the Employee Retention Credit, designed to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19. 
FAQs: Employee Retention Credit under the CARES Act Link
  • The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, is designed to encourage Eligible Employers to keep employees on their payroll, despite experiencing economic hardship related to COVID-19, with an employee retention tax credit (Employee Retention Credit). 
 
Families First Coronavirus Response Act
 Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave Link
  • The Families First Coronavirus Relief Act (FFCRA) requires certain employers to pay sick or family leave wages to employees who are unable to work or telework due to certain circumstances related to COVID-19. Employers are entitled to a refundable tax credit for the required leave paid, up to specified limits. [See FAQs]. The same wages cannot be counted for both credits. 
  • Two sets of FAQs: 
1. FAQs from the U.S. Department of Labor, Wage and Hour Division: DOL Families First Coronavirus Response Act: Questions and Answers. Link
 2. FAQs from the IRS: COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs Link
  
Employers 
 See FAQ #6 on this page: Link 
  • Q6. Does the relief provided in the Notice apply to payroll or excise taxes? 
  • A6.  No, under the Notice, normal filing, payment, and deposit due dates continue to apply to both payroll and excise taxes. (See exception in Notice 2020-22.)
Relief from Penalty for Failure to Deposit Employment Taxes 
  • Notice 2020-22 provides a waiver of additions to tax for failure to make a deposit of taxes for employers required to pay qualified sick leave wages and qualified family leave wages mandated by the Families First Coronavirus Response Act (Families First Act) and qualified health plan expenses allocable to these wages.  
  • This notice also provides a waiver of additions to tax for failure to make a deposit of taxes for certain employers subject to a full or partial closure order due to the coronavirus disease 2019 (COVID-19) or experiencing a statutorily specified decline in business under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).  
  • Please see Notice 2020-22 for more details.
 
 Assistance For Businesses 
The SBA can help! Link
 Two SBA emergency capital programs are available today and more will be coming soon:
  1. Low interest, long term Economic Injury Disaster Loans for up to $2 million: The first payment is deferred for 12 months. The application has been simplified and can be completed 100% online through our improved web portal at  www.sba.gov/disaster. 
  2. Economic Injury Disaster Loan Advance for up to $10,000: The form to apply is part of the economic injury disaster loan application. If approved, these funds can be used for payroll and other operating expenses and will be forgiven. 
Soon the SBA and Treasury Department will launch the new Paycheck Protection Program to help keep employees on payroll and small businesses operating. Additional information about this program will be shared in the coming days. Link
 Find your local SBA office here. Link
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Economic impact payments: What you need to know

4/1/2020

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Check IRS.gov for the latest information: No action needed by most people at this timeIR-2020-61, March 30, 2020
WASHINGTON — The Treasury Department and the Internal Revenue Service today announced that distribution of economic impact payments will begin in the next three weeks and will be distributed automatically, with no action required for most people. However, some seniors and others who typically do not file returns will need to submit a simple tax return to receive the stimulus payment.

Who is eligible for the economic impact payment?
Tax filers with adjusted gross income up to $75,000 for individuals and up to $150,000 for married couples filing joint returns will receive the full payment. For filers with income above those amounts, the payment amount is reduced by $5 for each $100 above the $75,000/$150,000 thresholds. Single filers with income exceeding $99,000 and $198,000 for joint filers with no children are not eligible.
Eligible taxpayers who filed tax returns for either 2019 or 2018 will automatically receive an economic impact payment of up to $1,200 for individuals or $2,400 for married couples. Parents also receive $500 for each qualifying child.

How will the IRS know where to send my payment?
The vast majority of people do not need to take any action. The IRS will calculate and automatically send the economic impact payment to those eligible.
For people who have already filed their 2019 tax returns, the IRS will use this information to calculate the payment amount. For those who have not yet filed their return for 2019, the IRS will use information from their 2018 tax filing to calculate the payment. The economic impact payment will be deposited directly into the same banking account reflected on the return filed.

The IRS does not have my direct deposit information. What can I do?
In the coming weeks, Treasury plans to develop a web-based portal for individuals to provide their banking information to the IRS online, so that individuals can receive payments immediately as opposed to checks in the mail.

I am not typically required to file a tax return. Can I still receive my payment?
Yes. People who typically do not file a tax return will need to file a simple tax return to receive an economic impact payment. Low-income taxpayers, senior citizens, Social Security recipients, some veterans and individuals with disabilities who are otherwise not required to file a tax return will not owe tax.

How can I file the tax return needed to receive my economic impact payment?
IRS.gov/coronavirus will soon provide information instructing people in these groups on how to file a 2019 tax return with simple, but necessary, information including their filing status, number of dependents and direct deposit bank account information.

I have not filed my tax return for 2018 or 2019. Can I still receive an economic impact payment?
Yes. The IRS urges anyone with a tax filing obligation who has not yet filed a tax return for 2018 or 2019 to file as soon as they can to receive an economic impact payment. Taxpayers should include direct deposit banking information on the return.

I need to file a tax return. How long are the economic impact payments available?
For those concerned about visiting a tax professional or local community organization in person to get help with a tax return, these economic impact payments will be available throughout the rest of 2020.
Where can I get more information?The IRS will post all key information on IRS.gov/coronavirus as soon as it becomes available.
​
The IRS has a reduced staff in many of its offices but remains committed to helping eligible individuals receive their payments expeditiously. Check for updated information on IRS.gov/coronavirus rather than calling IRS assistors who are helping process 2019 returns.
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April 15th - SPECIAL ANNOUNCEMENT (updated 3/27/20)

3/18/2020

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Tax Day now July 15: Treasury, IRS extend filing deadline and federal tax payments regardless of amount owed: 
IR-2020-58, March 21, 2020
WASHINGTON — The Treasury Department and Internal Revenue Service announced today that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020.
https://www.irs.gov/newsroom/tax-day-now-july-15-treasury-irs-extend-filing-deadline-and-federal-tax-payments-regardless-of-amount-owed

Oregon: Department of Revenue Announces Extension of Tax Filing Deadlines and Payments:
March 25, 2020
Salem, OR—At the direction of Governor Kate Brown, the Oregon Department of Revenue today announced an extension for Oregon tax filing and payment deadlines for personal income taxes and some other taxes closely following the IRS extension declaration.
​https://www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36265
SPECIAL NOTE: Oregon has decided NOT to extend 1st quarter estimated tax payments. 1st Quarter estimated tax payments are still due April 15th. 

City of Portland: Extended 2019 Filing & Paying Deadline: 
March 27, 2020
The Revenue Division is automatically extending the Portland and Multnomah County business tax return filing due on 4/15/2020 until 7/15/2020.

https://www.portlandoregon.gov/revenue/44311
​SPECIAL NOTE: City of Portland has decided NOT to extend 1st quarter estimated tax payments. 1st Quarter estimated tax payments are still due April 15th. 

Other States: Please check with your current state agency as there is not a uniform stance on waiving penalties and interest until July 15th. 
https://www.taxadmin.org/state-tax-agencies
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Year-End Moves to Lower Your 2019 Tax Bill

12/12/2019

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Check Your Withholding
The 2017 tax overhaul lowered tax rates across the board, but it also scrapped some popular tax breaks. As a result, some taxpayers who were accustomed to receiving a refund ended up owing the IRS when they filed their 2018 tax return. 
 
If you were part of that band of disgruntled taxpayers, you may be able to take steps between now and year-end to avoid another April surprise. Use IRS's Tax Withholding Estimator and Oregon Withholding Calculator as soon as you can to determine where you should file a new W-4 with your employer and increase the amount of tax withheld from your paycheck before the end of the year. You'll need your most recent pay stub and a copy of your 2018 tax return to help estimate your 2019 income. 
 
Pay Bills Now (Including Some for 2020)
Unless your finances have changed significantly, you probably have a pretty good idea whether you'll itemize or claim the standard deduction when you file your 2019 tax return. If you plan to itemize—or you're close to the threshold—now is a good time to prepay deductible expenses, such as mortgage payments and state taxes due in January.

Review your medical bills. If you have enough unreimbursed medical expenses, you may be able to deduct them. In 2019, you can only deduct unreimbursed medical expenses that exceed 10% of your adjusted gross income (in 2018, the threshold was 7.5%). That puts this tax break out of reach for most taxpayers, but if you had extraordinarily high medical expenses this year—due to a major illness, for example—you may qualify.

And there's still time to schedule appointments and procedures that will increase the amount of your deductible expenses. The list of eligible expenses includes dental and vision care, which may not be covered by your insurance.

Prepay tuition. If you're the parent (or grandparent) of a college student, you may be able to lower your 2019 tax bill by prepaying the first quarter tuition bill—and you don't need to itemize to claim this tax break. The American Opportunity Tax Credit, which you can take for students who are in their first four years of undergraduate study, is worth up to $2,500 for each qualifying student. Married couples filing jointly with modified adjusted joint income of up to $160,000 can claim the full credit; those with MAGI of up to $180,000 can claim a partial amount.

Likewise, if you're planning to take a class next year to boost your own career, consider prepaying the January bill before December 31 so you can claim the Lifetime Learning Credit on your 2019 tax return. The credit is worth up to 20% of your out-of-pocket costs for tuition, fees and books, up to a maximum of $2,000. It's not limited to undergraduate expenses, and you don't have to be a full-time student. Married couples filing jointly with MAGI of up to $116,000 can claim the full credit; those with MAGI of up to $136,000 can claim a partial credit.

Look into an ABLE account. If someone in your family has special needs, you can contribute up to $15,000 this year to an ABLE account, which allows people with qualifying disabilities to save money without jeopardizing government benefits (ABLE account beneficiaries can contribute more to their own account). You don't have to invest in your own state's plan, but if you are a resident of one of the states that do offer a tax break for ABLE accounts, you can deduct your contribution. For more information, go to the ABLE National Resource Center's website. 

Reap the Tax Harvest
​The tax code allows you to sell investments that have fallen below your purchase price and use the resulting loss to offset capital gains in taxable accounts. That's a compelling reason to consider jettisoning your losing positions. Investments that you've held for a year or less are taxed as ordinary income, but investments you've held longer are taxed at the long-term capital gains rate, which ranges from 0% to 23.8%.
     
After matching short-term losses against short-term gains, and long-term losses against long-term gains, any excess losses can be used to offset the opposite kind of gain. If you still wind up with an overall net capital loss, you can use up to $3,000 of that loss to offset ordinary income and roll the rest over to the following year. Note that once you sell an asset at a loss, you must wait 30 days before reinvesting in it or buying a substantially identical investment.
Single investors with income less than $39,375 ($78,750 for joint filers) pay no capital gains tax on investments held for more than a year. If that's the case, it may make sense to sell winning investments tax-free and reinvest (no need to wait 30 days), effectively resetting the odometer on future gains.
 
Watch for Capital Gain Distributions
Mutual funds are required to pay out to their shareholders any gains realized from the sale of stocks or bonds during the year. If you own the fund in a taxable account, you must pay taxes on these distributions when you file your tax return, even if you reinvest them.
     
If you get hit with a distribution, review your portfolio to see if you have any mutual funds, stocks or bonds that have declined in value since you purchased them. Selling them before year-end will provide losses to offset your gains. Mutual funds typically publish an estimate of their capital gains distributions in November or December, along with the date of the distribution. Estimates are on a per-share basis, so if you figure out how many shares you have, you can gauge the size of your distribution.
    
Interested in buying a fund before the end of the year? Check its website first. If the fund plans to make a capital gains distribution, postpone your purchase until after the distribution date. Otherwise, you'll have to pay taxes on gains racked up before you got on board.

Max Out Your Pre-Tax Retirement Savings
As the year comes to a close, you may be able to squeeze a little more money from each paycheck for your retirement savings. You can contribute up to $19,000 to a 401(k), 403(b) or federal Thrift Savings Plan in 2019, plus $6,000 in catch-up contributions if you're 50 or older.
Pretax contributions will lower your take-home pay and reduce your tax bill. If your employer offers a Roth 401(k), you can make contributions that won't lower your taxable income now but that can be withdrawn tax-free in retirement. If your employer offers both types of plans, you can direct new contributions to the Roth 401(k) rather than the pretax 401(k) at any time.
​     
Contact your 401(k) administrator or your employer's human resources department ASAP to find out how much you're on track to contribute to your 401(k) by the end of the year and to ask about the steps you need to take to boost your contributions. The earlier you make the change, the better: 401(k) contributions are made through payroll deduction. If you're contributing to a traditional or Roth IRA for 2019, you have until April 15, 2020.
    
If you aren't on track to max out your retirement account for the year, adding money from a year-end bonus can be a great way to boost your contributions without affecting your regular take-home pay. Rules vary, and some plans don't allow participants to contribute their bonus. Also make sure that you don't cross the annual contribution limit. You have until the tax-filing deadline to withdraw any extra contribution and the earnings on it, which will both be taxable. If you don't take it out, the excess contribution will be taxable now and you'll have to pay taxes on it again when you finally withdraw the money.

401(k) and 403(b) retirement plans must be establishes by December 31st 2019. SEP IRA's must be established before your 2019 taxes are filed.
 
Open a Donor-Advised Fund
Putting your money or other assets, such as stocks or personal property, in a donor-advised fund allows you to deduct the entire contribution in the year you make it and decide later how you want to dole out grants to charities of your choice. You can open a donor-advised fund at financial-services firms such as Fidelity Charitable (minimum investment: $5,000) or Schwab Charitable ($5,000 minimum) or at community foundations. Contributing one lump sum this year may help lift your deductions above the standard deduction amount and allow you to itemize.


Max Out Charitable Donations (and Declutter)
Donating clothes, kitchenware or furniture you no longer need can also boost your deductions while helping a worthy cause. You'll base your deduction on the donated item's "fair market value" (or what it might sell for at a thrift or consignment shop)—you can use online tools such as TurboTax's ItsDeductible tool to estimate this value. You will need a written acknowledgment from the organization if you are claiming a contribution of $250 or more (consider snapping a photo of the donation for your records). For donated items valued at more than $5,000 (art, antiques, etc.), plan on providing a written appraisal.
 
Transfer IRA Money to Charity
Taxpayers who are 70½ or older can transfer up to $100,000 from a traditional IRA tax-free to charity each year, as long as they transfer the money to the charity directly.
 
The "qualified charitable distribution" will count as your required minimum distribution without being added to your adjusted gross income, which can be a boon if you were going to take the standard deduction instead of itemizing (you can't deduct charitable transfers). The transfer could also help keep your income below the threshold at which you're subject to the Medicare high-income surcharge as well as hold down the percentage of your Social Security benefits subject to tax. Make a QCD well in advance of New Year's Eve because the money has to be out of the account and the check needs to be cashed by the charity by December 31.
 
Consider a Roth Conversion
Consider con­verting some money from a traditional IRA to a Roth IRA this year, up to the top end of your income tax bracket. You'll pay taxes on the conversion (minus any portion that represents nondeductible IRA contributions), but the money will grow tax-free in the Roth after that. Converting your entire traditional IRA balance can bump you up to a higher tax bracket, but you can spread conversions over several years. Be careful about making a large conversion if you're within two years of signing up for Medicare—you'll have to pay extra for Medicare Part B if your adjusted gross income (plus tax-exempt interest income) is more than $85,000 if you're single or $170,000 if you're married filing jointly. Your last tax return on file determines your Medicare premiums, so a 2019 conversion could affect 2021 premiums.
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Oregon New Business Spam Alert

12/12/2019

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Newly formed Oregon businesses have received a solicitation from OR Certificate Services offering a Certificate of Standing/Existence for $77.25. Many businesses do not need this certificate. Those that do may obtain one directly from the Secretary of State for $10. 

This solicitation may appear to be from a government agency, but its not. A copy of the Solicitation can be viewed here. 

If you were misled by this solicitation, you may request a refund. To obtain a refund, call OR Certificate Services at 1-855-210-6990 or 1-855-755-3357 between 9 am & 5 pm EST. 

Official correspondence from the Oregon Secretary of State Corporation Division always contains the following elements:
  • An image of the Oregon State seal;
  • The words, Secretary of State Corporation Division; and 
  • Oregon Secretary of State phone number 503-986-2200

To view other types of schemes that spammers and scammers are using, visit the Business Alert page.  If you believe you have been a victim of a business scam, please contact the Secretary of State at [email protected] or 503-986-2200.

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Changes to Oregon College Savings Plan for 2020

12/12/2019

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To receive a tax deduction for contributions to an Oregon College Savings Plan on your 2019 taxes, contributions will need to be made prior to December 31st, 2019. Starting January 1st, 2020 the Oregon College Savings Plan is moving to a tax credit. If you file an Oregon income tax return, contributions made to your account before the end of 2019 are deductible up to a certain limit. For 2019, the limit individual taxpayers are allowed to deduct is $2,435 or $4,865 if filing jointly. You may also carry forward a balance over the following four years for contributions made before the end of 2019. 

Recapture provisions apply. This means that if you withdrew funds for non-qualified expenses from your Oregon College Savings Plan account and you claimed a tax benefit for that year’s contribution, the state of Oregon will recapture any Oregon State income tax benefits that you had accrued on the principal portion of that withdrawal. 

Worth noting, any funds that you plan to roll over from another 529 College Savings Plan are considered “new contributions” and will count towards the limit you’re allowed to deduct in a given tax year. 

For more information, visit The Oregon College Savings Plan website. 
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What Are The Requirements For Form 1099?                                       Who Am I Supposed to 1099? And When Are They Due?

1/7/2019

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​Filling out your 1099-Misc for Vendors in 2018
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There a several different types of 1099s that exist in the federal 1099 information reporting series. However, one of the most popular forms that small businesses need to file is the Form 1099-MISC.

What is a Form 1099-MISC?
Form 1099-MISC is essentially an information report that is required to be sent to certain recipients who have been paid during the year in the course of a trade or business. A copy of the Form 1099-MISC is also reported to the Internal Revenue Service (and some states) for their records as well. Failure to file a required 1099 may result in denied expense deductions upon audit and additional penalties and fees (typically $30 to $100 per missed filing for federal purposes).

Form 1099-MISC Filing Requirements
Form 1099-MISC is required to be filed in several instances. However, some of the most common examples are as follows:
  • Non-employee Compensation/Independent Contractors – required when $600 or more is paid during the year to a non-employee. Includes payment for professional services (fees to attorneys, accountants, engineers, repairman, etc.).
  • Rents – all types when the amount paid is $600 or more (unless made to a real estate agent). Examples include real estate rentals for office space, machine rentals, etc.
  • Royalties- amounts that exceed $10. Examples include payments to authors, musicians, artists, etc.
  • Direct Re-sellers – required when sales are made in the amount of $5,000 or more of consumer products anywhere other than to a permanent retail establishment.

1099-MISC Filing Exemptions
There are a few cases when Form 1099-MISC does not need to be filed even though it may have met the aforementioned requirements.  A few examples are as follows:
  • Note that 1099-MISC generally do not need to be issued to corporations.
  • Amount paid via credit card, debit card, or third-party settlement company (i.e., PayPal) should not be reported on a 1099-MISC as they will be now be reported on Form 1099-K by the bank or third-party.

Tax Reporting of 1099-MISC
There is now a question on tax returns which specifically ask if a business was required to issue 1099s and if so, whether they were filed.  Therefore, the IRS has implemented extra measures to make sure the 1099s are filed and will likely begin strictly enforcing the rules.  It is advised to collect a Form W-9 from all vendors so that 1099s can be issued if needed.

Form 1099-MISC Due Date
Form 1099-MISC is due each year to the recipient by January 31st. New this tax year, Form 1099-MISC is now due to the IRS by the January 31st deadline. The new accelerated deadline will help the IRS improve its efforts to spot errors on returns filed by taxpayers.  

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We Have Moved!

1/2/2019

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New Address: 2330 NW 31st Ave. Portland, OR 97210
We are excited to announce our new location.  It's beautiful and we have free parking too.  We are just a half mile away from the former office in NW Portland. Find street parking, walk through the fence and up the steps to the main door. From there find us on the call box and we will buzz you in. We are on the first floor, the first door on the right.  Let us know if you have trouble finding us.  See you soon!

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Final Business Provisions in Tax Cuts and Jobs Act of 2017

1/9/2018

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Tax Cuts and Jobs act of 2017

20% Qualified business income deduction—§199A


20% deduction - New §199A provides that an individual taxpayer generally may deduct 20% of qualified business income from a partnership, S corporation, or sole proprietorship, REIT dividends, cooperative dividends, and publicly traded partnerships. The deduction may not exceed 20% of the taxpayer’s taxable income (reduced by net capital gains).
 
Qualified business income - Qualified business income (QBI) is determined for each qualified trade or business. QBI is the net income of the US business. It does not include any investment income (interest, dividends, capital gains, and losses). Reasonable compensation in the S corporation and guaranteed payments in the partnership reduce QBI. If the net amount of qualified business income from all qualified trades or businesses during the taxable year is a loss, it is carried forward and reduces QBI in the next taxable year. QBI includes both passive and active income.
 
W-2 limits - Subject to a taxable income threshold, the deductible amount for each qualified trade or business is the lesser of (a) 20% of the taxpayer's qualified business income with respect to the trade or business, or (b) the greater of 50% of the W-2 wages with respect to the trade or business or the sum of 25% of the W-2 wages with respect to the trade or business and 2.5% of the unadjusted basis, immediately after acquisition, of all qualified property.
 
Phase-in of W-2 wages limitation - The W-2 wage limitation does not apply for a taxpayer with taxable income less than a threshold amount. The “threshold amount” is $315,000 MFJ ($157,500 if single) and is indexed for inflation. For those with income above the threshold amount, the deduction phases out over $100,000 MFJ ($50,000 single)
 
Specified service trades or businesses - Subject to a taxable income threshold, the deduction is not allowed with respect to “specified service trades or businesses.” Specified service trades or businesses are any trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, including investing and investment management, trading, or dealing in securities, partnership interests or commodities, and any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees. Engineers and architects are omitted from specified service trades or businesses.
 
Phase-in of specified service business limitation - The exclusion from the definition of a qualified business for specified service trades or businesses does not apply for a taxpayer with taxable income less than a threshold amount. The “threshold amount” is $315,000 MFJ ($157,500 if single) and is indexed for inflation. For those with income above the threshold amount, the deduction phases out over $100,000 MFJ ($50,000 single).
Other items - Deduction does not reduce SE tax or AGI. Trusts may qualify for the deduction on their pass-through income.

Loss limitation rules §461
 
Loss Limitation - Excess business losses of a taxpayer other than a corporation are not allowed for the taxable year. An excess business loss for the taxable year is the excess of aggregate deductions of the taxpayer attributable to trades or businesses of the taxpayer (determined without regard to the limitation of the provision), over the sum of aggregate gross income or gain of the taxpayer plus a threshold amount. The threshold amount for a taxable year is $500,000 MFJ (250,000 single). Excess business losses not allowed are carried forward and treated as part of the taxpayer’s NOL carryforward. This limit applies at the partner or shareholder level. Each partner’s distributive share and each S corporation shareholder’s pro rata share of items of income, gain, deduction, or loss of the partnership or S corporation are taken into account in applying this limitation. This limitation applies after the passive loss rules.
 
Cash method of accounting - For taxpayers with less than $25 million in average gross receipts (was $10 million) may use the cash method of accounting regardless of entity structure or industry.
 
Accounting for inventory - Taxpayers with average gross receipts of less than $25 million (was $10 million) may account for inventories as materials and supplies that are not incidental (or conform to the taxpayer’s financial accounting treatment).
 
UNICAP §263A - The threshold for the UNICAP rules (§263A) increases from $10 million to $25 million.
 
All events test - All events occur fixing right to receive income when income can be determined with reasonable accuracy, but no later than when item included in applicable financial statement (AFS) starting in 2018.
 
Long-term contracts §460 - Generally, the percentage of completion method of accounting is required for long-term contracts. For businesses with less than $25 million in gross receipts (was $10 million), the completed contract method of accounting can be used for construction contracts lasting less than two years.
 
Self-created Property - Gain or loss from the disposition of self-created property is treated as ordinary income/loss. Self-created property includes patents, inventions, models or designs, and secret formulas. Musical compositions and copyrights are still a capital asset.
 
Like-kind exchanges - The §1031 like-kind exchange rules are modified to provide that the nonrecognition is limited to real property that is not held primarily for sale. Generally, applies to exchanges completed after 12/31/17. However, an exception is provided for any exchange if the property disposed of by the taxpayer in the exchange is disposed of on or before 12/31/17, or the property received by the taxpayer in the exchange is received on or before such date.
 
Meals and entertainment - Expenses for entertainment, amusement, and recreation are not deductible. Dues for a club organized for business, pleasure, or social purposes are not deductible. Meals provided for the convenience of the employer at or near the employer’s premises are subject to a 50% limitation until 12/31/2025 and then completely nondeductible beginning in 2026.
 
Listed property - Home computers and peripheral equipment, including laptops, are no longer listed property.
 
Luxury auto limits - For luxury autos placed in service after 12/31/17 for which the bonus depreciation is not claimed, depreciation amounts are increased.
 2017                2018
Yr. 1                            $3,160             $10,000
Yr. 2                            $5,100             $16,000
Yr. 3                            $3,050             $ 7,600
Yr. 4+                          $1,875             $ 5,760
After 5 yrs.:                 $15,060           $47,120
 
 
Transportation fringe benefits - The $20/month fringe benefit provision for bicycling to work is repealed. An employer can no longer deduct parking and commuting benefits paid to an employee, but the benefits remain a tax-free fringe to the employee.
 
Interest expense - For businesses with more than $25 million of gross receipts, interest expense deductions are limited to interest income + 30% of adjusted taxable income plus interest on floor plan financing. Limitations apply at the partner/shareholder level; any excess is carried forward. Allocated excess business interest reduces basis. If ownership interest is disposed of with excess business interest that reduced basis, reverse the reduction.
 
§179 amount - The §179 expensing amount is increased to $1 million (was $510,000). The phase-out starts at $2,500,000 (was $2,030,000), both being indexed for inflation, as well as the $25,000 sports utility vehicle limitation.
 
§179 qualified real property - The definition of qualified real property eligible for §179 expensing is expanded to include any of the following improvements to nonresidential real property placed in service after the date such property was first placed in service: roofs; heating, ventilation, and air-conditioning; fire protection and alarm systems; and security systems.
 
The definition of §179 property has been expanded to include certain depreciable tangible personal property used predominantly to furnish lodging or in connection with furnishing lodging.
 
§168(k) bonus depreciation - Bonus depreciation is increased to 100% (was 50%) of qualifying property placed in service after 9/27/2017 and before 1/1/2023. A phase-out starts 1/1/2023. The requirement that property must be new to qualify for bonus depreciation has been repealed.
 
Net operating loss - The two-year carryback and the special carryback provisions have been repealed, except for a two-year carryback for farming losses. NOLs may be carried forward indefinitely. The NOL deduction is limited to 80% of taxable income (determined without regard to the deduction) for losses arising in taxable years beginning after Dec. 31, 2017.
 
§199 deduction - The §199 domestic production activity deduction is repealed.
 
Farm changes— depreciation and excess farm losses - The seven-year recovery period for any machinery or equipment (other than any grain bin, cotton ginning asset, fence, or other land improvement) used in a farming business has been shortened to five years if the original use of which commences with the taxpayer and is placed in service after Dec. 31, 2017. Also repealed is the required use of the 150% declining balance method for property used in a farming business (i.e., for three-, five-, seven-, and ten-year property). Lastly, the excess farm losses limitation has been repealed.
 
Work opportunity credit -  Retained.
 
Family leave credit - For 2018 and 2019, a new employer credit is available for wages paid under a written plan during family or medical leave when the employer pays at least 50% of normal wages. The credit is 12.5% but increases by 0.25% (but not above 25%) for each 1% where rate of pay exceeds 50%. Limited to 12 weeks.
 
Rehab of historic structure credits - The 10% credit for pre-1936 buildings is repealed. The 20% credit for qualified rehabilitation expenditures with respect to a certified historic structure is allowable for a taxable year during the five-year period beginning in the taxable year in which the qualified rehabilitated building is placed in service.
 
Qualified equity grants—§83(i)
 
 Income deferral election, in general - When made within 30 days of exercise of a vested option or upon vesting of shares under an RSU (under the rules of §409A), election allows for a deferral of income for up to a maximum of five years.
 
Qualified employee - A qualified employee is an employee other than (1) a 1% owner of the corporation, (2) the CEO or CFO, (3) family members of (1) and (2), or (4) any of the four highest-compensated officers of the corporation.
 
Qualified stock - Election can be applied to RSUs, ISOs, ESPPs, and NQs within 30 days of taxable exercise. When made with respect to stock under a statutory option, the option is no longer treated as a statutory option.
 
Section 83(i) income tax deferred until earlier of -
1. Five years or
2. Occurrence of a specified event such as (a) stock becoming readily tradable, (b) employee becomes excluded, or (c) §83(i) election revoked.
 
Section 83(i) eligible corporation (written plan) requirement - A corporation is an eligible corporation with respect to a calendar year if (1) no stock of the employer corporation is readily tradable on an established securities market during any preceding calendar year, and (2) the corporation has a written plan under which, in the calendar year, not less than 80% of all employees who provide services to the corporation are granted stock options, or restricted stock units (RSUs), with the same rights and privileges to receive qualified stock.

​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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Final Individual Provisions in Tax Cuts and Jobs Act of 2017

1/9/2018

1 Comment

 
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.
Kiddie tax
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.
Capital gains
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.
Adjustment—alimony deduction
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.
Standard deduction
Increases standard deduction to $12,000 single, $18,000 for HOH, and $24,000 MFJ.
Itemized deductions Suspends the phase-out of itemized deductions.
Medical deduction
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.
Mortgage interest
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.
Charitable contributions
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.
AMT
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.
Education—student loans
Retains student loan interest deduction, US savings bond exclusion, and tuition waiver exclusion.
ABLE
The beneficiary can contribute up to the lesser of federal poverty level or beneficiary’s earned income.
Retirement—IRA recharacterization Suspends recharacterization rule.
Retirement—Loan default
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.
Estate taxes
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).
ACA
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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