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5 Things Every Hospitality
Business Owner Should
Consider in the Tax Reform Law
Tony Perricelli
Agenda
• Corporate Tax Rate Reduction
• Pass-through Entity Deduction
• Sec 179 expensing & Bonus Depreciation
• Interest Deduction Limitations
• Expansion of the Cash Method of
Accounting
• Bonus info & Bonus Individual Changes
• Planning & Strategies
2
Tax Reform Update
Timeline of Reform Legislative Path
Nov. 2:
Ways and Means Releases
First Draft Bill
Nov. 6
Ways and Means Begins
Mark-Up
Nov. 16
House Vote
SENATE
Week of Nov. 6
Senate Finance Chairman
Release Bill
Week of Nov. 27
Senate Bill Mark-Up,
Amendments and Debate
Dec. 2
1:51AM
Senate Vote
December 15:
Resolved Differences. Send
back to House and Senate for
Vote
CONFERENCE COMMITTEE WHITE HOUSE
Dec 22, 2017
President Signs P.L. 115-97
3
Corporate Tax Rate
Reduction
Corporate Tax Rate Reduction
Highest rate drops from 35% to 21%
 Old Law
o Corporate Tax Rates graduated up to a max of 35%, personal services
taxed at max 35%
o Subject to AMT
 New Law
o Corporate Tax Rates lowered to flat 21%, no special rate for personal
service corporations
o AMT is repealed
o Permanent change, no expiration
5
Pass-through Entity
Deduction
Pass-through Entity Deduction
20% Pass-through deduction
 Old Law - No special deduction for pass-through entities
 New Law - New below the line 20% deduction for pass-through entities
o S Corporations, Partnerships, Sole Proprietorships
o Must have “qualified business income” (QBI) from a trade or business
 QBI does not include income earned as an employee
 e.g. S Corp owners pays himself W-2 wages
7
Pass-through Entity Deduction
20% Pass-through deduction (continued)
 New Law - continued
o Subject to limits and exclusions unless your overall taxable income is
less than $157,500 (single) or $315,000 (married filing joint)
o If income is over the limits, then:
 QBI cannot be from specified service businesses such as law,
medicine, accounting, consulting, investment services, etc.
o Architecture & engineering are not specified service businesses
 Deduction allowed only if business has W-2 wages and/or tangible
property in use by the business to produce income
 Phaseout range is $50,000 for single and $100,000 for married
filing joint
8
Pass-through Entity Deduction
20% Pass-through deduction (continued)
 New Law - continued
o Way too early to have solid guidance
o Many commentators expect further legislation to clarify the
deduction
o New Sec 199A Replaces old Sec 199 Domestic Production Activities
Deduction
9
Pass-through Entity Deduction
20% Pass-through deduction (continued)
 New Law - continued
10
Pass-through Entity Deduction
20% Pass-through deduction (continued)
 New Law - continued
11
Sec 179 Expensing &
Bonus Depreciation
Sec 179 Expensing & Bonus Depreciation
Bonus Depreciation
 Old Law – 50% of basis of qualified property
o Only new purchases, no used items
o Personal property and limited types of real estate improvements
o Scheduled to be phased out by 2020
 New Law – 100% expensing from 9/27/17 through 2022,
o Allowed for new and used property
o Personal property and a larger group of eligible real estate improvements
including most interior improvements
o Phased out from years 2023 – 2028
13
Sec 179 Expensing & Bonus Depreciation
Cost Recovery – Section 179
 Old Law – Election to expense up to $510,000 of qualifying property in 2017
instead of depreciating it over time
o $510,000 cap is reduced dollar for dollar for all property in excess of
$2,030,000 placed in service in 2017
o Assets include tangible personal property & off-the-shelf software
o Some real property improvements allowed if elected, but only if used in a
business, no rental assets, qualified restaurant property was included
o Deduction limited to taxable income each year
14
Sec 179 Expensing & Bonus Depreciation
Cost Recovery – Section 179 (continued)
 New Law – Beginning after 2017
o Maximum expense amount increased to $1,000,000
o Phase out threshold increased to $2,500,000
o Includes qualified real property (if elected):
 Qualified improvement property (covers interior improvements to existing
buildings)
 Certain exterior improvements to existing buildings including roofs, HVAC, fire
protection, alarm & security systems
 No more qualified restaurant property
 One advantage of Sec 179 over bonus depreciation – most states allow Sec 179 but not
bonus depreciation
15
Sec 179 Expensing & Bonus Depreciation
Cost Recovery – Section 179 (continued)
16
Tax Years Max Deduction allowable Deduction phaseout begins at
2017 $510,000 $2,030,000
2018 $1,000,000 $2,500,000
2019 & later $1,000,000 + inflation adj. $2,500,000 + inflation adj.
Sec 179 Expensing & Bonus Depreciation
Cost Recovery – Real property changes
 Old Law –
o Non-residential real property depreciated over 15-39 years
o Default life was 39 years, no bonus, no Sec 179, exceptions:
 Qualified restaurant or retail property – 15 years, eligible for Sec 179
 Qualified leasehold improvement property - 15 years, eligible for Sec
179
 Qualified improvement property – 15 or 39 years w/ bonus
17
Sec 179 Expensing & Bonus Depreciation
Cost Recovery – Real property changes (continued)
 New Law – Property placed in service after 2017
o Qualified restaurant/retail and qualified leasehold improvement property
definitions have been eliminated
o Qualified improvement property remains
 15 year life
 Eligible for Sec 179 if elected and bonus depreciation
 Technical correction needed and is expected
o Non-residential real property not meeting definition of qualified
improvement property has a 39-year life
18
Interest Deduction
Limitation
Interest Deduction Limitations
Interest Expense limited to 30% of taxable income
 Old Law –
o Interest paid by a business is generally deductible in calculating taxable
income
 New Law – Beginning after 2017
o Deduction for business interest expense is limited to the sum of:
 Business interest income +
 30% of the adjusted taxable income +
 Floor plan financing interest for dealerships
o Disallowed interest is carried forward indefinitely
20
Interest Deduction Limitations
Interest Expense limited to 30% of taxable income (continued)
 New Law - (continued)
o Business interest defined as interest paid or accrued on indebtedness
properly allocable to a trade or business. It does not include investment
interest.
o Adjusted taxable income is defined as taxable income computed without
regard to:
 Any item of income, gain, deduction, or loss which is not properly allocable to a
trade or business
 Any business interest or business interest income
 Net operating losses
 For 2018-2021 only – depreciation, amortization, or depletion (eases the transition)
21
Interest Deduction Limitations
Interest Expense limited to 30% of taxable income (continued)
 New Law - (continued)
o This rule not applicable to taxpayers with average annual gross receipts
of $25 million or less for the three-year period ending with the prior
taxable year
o Also does not apply to rental property activity if not considered a trade
or business. If rental is a trade or business, then taxpayer can elect out
of the interest rules in exchange for different (slower) depreciation rules
for the rental property.
o Previously mentioned floor plan financing exception
22
Expansion of the Cash
Method of Accounting
Expansion of the Cash Method of Accounting
Cash method can be used up to $25 million revenue
 Old Law –
o Cash method only allowed for tax purposes if either:
 Revenue less than $1 million with inventory, or
 Revenue less than $5 million without inventory
 New Law – Beginning after 2017
o Cash method allowed for any company with average gross receipts of less
than $25 million, calculated over 3-year period before the tax year
o Can simplify bookkeeping for smaller restaurants/retail and hotels
o Track inventory for mgmt decisions but immediately expense for tax
24
Bonus Info
Bonus Info
Business Entertainment Expenses Disallowed
26
 Old Law –
o 50% deduction for business-related meals & entertainment
o Meals provided on premises for convenience of employer are 100%
deductible and excluded from employee’s income (no W-2 reporting)
 New Law – Beginning after 2017
o No deduction for entertainment
o Meals provided on premises for convenience of employer are 50%
deductible but still excluded from employee’s income (no W-2 reporting)
 This deduction also scheduled to be eliminated but only after 2025
Bonus Info
Net Operating Losses
 Net Operating Losses – For 2018 – 2025 the deduction allowed is now
equal to the lesser of:
o (1) the aggregate of the net operating loss carryovers to such year,
plus the net operating loss carrybacks to such year, or
o (2) 80 percent of the taxable income computed without regard to the
NOL.
 NOLs can now only be carried forward to future tax years.
o The amount of the carryover is limited to a maximum of 80 percent of the taxable
income computed without regard to the NOL.
27
Bonus Info
Like-kind exchanges
 Prior Law –
o No gain or loss recognized if property is exchanged for property of a like-
kind
 Both old and new properties must be held for productive use in a
trade or business or for investment
 Applied to both tangible personal property (such as vehicles &
equipment) and real property
 New Law – Beginning after 2017
o Non-recognition of gain for a like-kind exchange is limited to real
property only
28
Bonus Info
Estate, Gift, and Generation-Skipping Transfer Taxes
 Estate and Gift Taxes – Beginning in 2018, the exemption for estate
and gift taxes is increased to $10,000,000 (and adjusted forward for
inflation from 2011).
o Inflation - There will be a roughly $11,000,000 estate and gift exemption starting in 2018.
 Generation-Skipping Transfer Tax – Beginning in 2018, the amount of
the generation-skipping transfer tax exemption is increased to
$10,000,000 (and adjusted forward for inflation from 2011).
o Inflation - There will be a roughly $11,000,000 generation-skipping transfer tax exemption starting in 2018.
 These increases are set to expire on December 31, 2025, and the exemption amounts
will return to the pre-tax reform amounts.
o This makes the current planning techniques still relevant, even for estates that do not
exceed the increased exemption amount.
29
More Bonus Info –
Individual Tax Changes
Individual Tax Changes
Ordinary Income Tax Rates 2017 Tax Year
 The current seven tax bracket system is retained, but the rates are lowered for all taxpayers. Below are the
current rates for 2017.
31
Tax
Rate
Married Filing
Jointly and Surviving
Spouse
Single
Head of
Household
Married Filing
Separately
Estates & Trusts
10% $0-$18,650 $0-9,325 $0-$13,350 $0-$9,325 N/A
15%
$18,650-$75,900 $9,325-$37,950 $13,350-50,800 $9,325-$37,950 $0-$2,550
25% $75,900-153,100 $37,950-$91,900 $50,800-$131,200 $37,950-$76,550 $2,550-$6,000
28%
$153,100-233,350 $91,900-$191,650 $131,200-$212,500 $76,550-$116,675 $6,000-$9,150
33%
$233,350-416,700 $191,650-$416,700 $212,500-$416,700 $116,675-$208,350 $9,150-$12,500
35% $416,700-$470,700 $416,700-$418,400 $416,700-$444,550 $208,350-$235,350 N/A
39.6%
Over $470,700 Over $418,400 Over $444,550 Over $235,350 Over $12,500
Individual Tax Changes
Ordinary Income Tax Rates 2018 Tax Year (inflation adj. through 2025)
 The current seven tax bracket system is retained, but the rates are lowered for all taxpayers and the
thresholds are adjusted below. These rates and other changes are effective 2018 through 2025.
32
Tax
Rate
Married Filing
Jointly and Surviving
Spouse
Single
Head of
Household
Married Filing
Separately
Estates & Trusts
10% $0-$19,050 $0-9,525 $0-$13,600 $0-$9,525 $0-$2,550
12%
$19,050-77,400 $9,525-38,700 $13,600-51,800 $9,525-38,700 N/A
22% $77,400-165,000 $38,700-82,500 $51,800-82,500 $38,700-82,500 N/A
24%
$165,000-315,000 $82,500-157,500 $82,500-157,500 $82,500-157,500 $2,550-9,150
32%
$315,000-400,000 $157,500-200,000 $157,500-200,000 $157,500-200,000 N/A
35% $400,000-600,000 $200,000-500,000 $200,000-500,000 $200,000-300,000 $9,150-$12,500
37%
Over $600,000 Over $500,000 Over $500,000 Over $300,000 Over $12,500
Individual Tax Changes
Kiddie Tax
 Children that are subject to the “Kiddie Tax” will have two different tax regimes for their
earned and unearned income:
o Earned Income: Taxed at the rates applied to single filers.
o Unearned Income: Taxed at ordinary income and preferential rates
applied to trusts and estates.
 Children will no longer be subject to their parents’ tax rate.
 Ages for application of kiddie tax are unchanged
33
Individual Tax Changes
Above-the-Line Deductions
 Moving Expenses – Suspended through tax year 2025; however, still
available for members of the U.S. military who move pursuant to a
military order.
 Alimony – Effective for divorce or separation agreements entered
into after December 31, 2018*:
o Deduction - The deduction for alimony or separate maintenance payments is
repealed.
o Inclusion - The inclusion of income by the recipient is repealed.
 Existing alimony or separate maintenance agreements are grandfathered, as
are modifications to existing agreements.
o *Please note the 1-year delay on the implementation of this provision
34
Individual Tax Changes
Standard Deduction & Personal Exemptions
 The standard deduction is increased to the following amounts:
o Married Filing Jointly: $24,000 (up from $12,700)
o Head-of-Household: $18,000 (up from $9,350)
o All Other Taxpayers: $12,000 (up from $6,350)
 The deduction is indexed for inflation in future years, 2018-2025
 The personal exemption is suspended through tax year 2025.
o The personal exemption for estates and trusts remains at $100
(complex), $300 (simple), $600 (estates).
35
Individual Tax Changes
Itemized Deductions
 Medical Expenses – The AGI threshold is lowered from 10% to 7.5% for
all taxpayers for tax years 2017 and 2018.
 State and Local Taxes – Taxpayers are permitted a maximum $10,000
deduction (2018 – 2025) on the sum of:
o (i) state and local real property taxes,
o (ii) state and local personal property taxes, and
o (iii) state and local income taxes (or sales tax, if elected).
 This limitation does not apply to real property taxes and personal property taxes
paid or accrued in carrying on a trade or business.
36
Individual Tax Changes
Itemized Deductions (Continued)
 Mortgage Interest – Taxpayers are permitted to deduct the interest
paid on acquisition indebtedness of up to $750,000.
o Debt incurred on or before December 15, 2017, is grandfathered
under the previous law of interest paid on acquisition
indebtedness of up to $1,000,000.
 Home Equity Interest – The deduction for interest paid on home
equity indebtedness is suspended. No grandfather provision for
home equity interest.
 Both effective 2018-2025
37
Individual Tax Changes
Itemized Deductions (Continued)
 Charitable Contributions – Three modifications for years 2018-2025:
o (1) Cash contributions to public charities now have a 60 percent of
AGI limitation (previously it was 50 percent).
o (2) Denial of charitable deduction for payments made in exchange for
athletic seating rights (previously able to deduct 80 percent of
amounts paid).
o (3) Removal of substantiation exception for certain contributions
reported by the charitable organization.
38
Individual Tax Changes
Itemized Deductions (Continued)
 Casualty Losses – Suspended through tax year 2025, unless the loss is
attributable to a Federally declared disaster loss.
o If a taxpayer has a personal casualty loss gain, they may deduct
personal casualty losses not attributable to a Federal declared
disaster loss in the amount equal to no more than the personal
casualty loss gain.
 Wagering Transactions - In addition to the limitation on gambling losses,
expenses incurred in carrying on any wagering transaction are also
limited to the extent of gambling winnings.
39
Individual Tax Changes
Itemized Deductions (Continued)
 Miscellaneous Itemized Deductions Subject to 2-percent floor -
These have been suspended through 2025 and include:
 investment fees and expenses
 tax preparation fees
 unreimbursed business expenses
 “Pease” Limitation – Repeals the overall limitation on itemized
deductions through 2025.
40
Individual Tax Changes
Alternative Minimum Tax (AMT)
 The individual AMT has been retained.
o The exemption amounts have been increased to the following
thresholds:
• Joint Filers: $109,400 ($54,700 for MFS)
• All other Filers: $70,300
o The exemption phase-out thresholds are increased to:
• Joint Filers: $1,000,000
• All other Filers: $500,000
• Trusts and Estates – Remains unchanged.
o Many of the tax preference items that are AMT addbacks have been suspended.
41
Individual Tax Changes
Business Losses
 Businesses Losses – For 2018-2025 business losses are only permitted in the current year to
the extent that they do not exceed the sum of:
o (i) Taxpayer’s gross income and
o (ii) $500,000 for joint filers or $250,000 for other taxpayers
 Excess businesses losses will be disallowed and added to the taxpayer’s net operating
loss (NOL) carryforward.
o Carryforwards are limited to the lesser of:
• (i) the carryforward amount or
• (ii) 80-percent of taxable income determined without regard to the NOL
deduction.
 For pass-through entities, this is applied at the partner/shareholder level.
42
Individual Tax Changes
Miscellaneous Provisions
 Inflation Adjustments – Inflation will be now measured using the Chained Consumer Price
Index (C-CPI). This method is a generally slower inflationary adjustment than the current
Consumer Price Index (CPI).
o This provision is permanent.
 Child Tax Credit – For 2018 – 2025 Increased to $2,000 per qualifying child, with up to
$1,400 being refundable. Also, there is a new $500 non-child dependent credit.
o Qualifying Child is defined as a dependent who is under the age of 17 at the end of
the tax year.
 Credit starts to phase-out for joint filers at AGI of $400,000 and for other
filers at AGI of $200,000.
 Sec 529 Savings Plans – For distributions after Dec. 31, 2017, “qualified higher
education expenses” include tuition at an elementary or secondary public, private, or
religious school, up to a $10,000 limit per tax year.
43
Planning & Strategies
Planning & Strategies
Individuals
 Increased Standard Deduction
o Bunching Strategies to maximize itemized deductions
 Defer/Accelerate Income - examples
o Large gain on sale of stock/mutual funds could cause you to lose medical deductions
since it raises the 7.5% of AGI amount
o Plan for best year to receive W-2 bonus payments from employer if possible
o Other phase outs based on income such as child tax credits, new pass-through deduction
 Defer/Accelerate Itemized Deductions - examples
o Plan elective medical procedures to bunch with other medical expenses to exceed the
7.5% of AGI amount
o Plan your charitable giving to make sure you can itemize at least every other year
45
Planning & Strategies
Individuals
 Increased Standard Deduction
o Case Study – Married taxpayers with:
 2018
o $150,000 income
o $10,000 mortgage interest
o $8,000 state & local tax
o $5,000 charity
 2019
o $160,000 income
o $9,500 mortgage interest
o $8,500 state & local tax
o $5,000 charity
46
No bunching Bunching
Charity
Year 2018 2019 2018 2019
Income 150,000 160,000 150,000 160,000
Deductions (24,000) (24,000) (24,000) (28,000)
Taxable
income
126,000 136,000 126,000 132,000
Planning & Strategies
Businesses
 Depreciation
o Cost Segregation Study to re-characterize components of real property
from long to short life
o Take advantage of new bonus depreciation and Sec 179 rules
o Be careful with interplay between this strategy and new deductible
interest limits after 2021. More depreciation expense results in lower
taxable income which limits interest.
o Also remember new excess business loss and NOL rules – might limit
current year benefit of big deductions
47
Contact
Tony Perricelli
tperricelli@scottandco.com
Twitter @tonypcpa
Scott and Company
1441 Main Street, Suite 800
Columbia, SC 29201
803.256.6021
48
Follow Us on Social Media
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5 Things Every Hospitality Business Owner Should Consider in the New Tax Law

  • 1. 5 Things Every Hospitality Business Owner Should Consider in the Tax Reform Law Tony Perricelli
  • 2. Agenda • Corporate Tax Rate Reduction • Pass-through Entity Deduction • Sec 179 expensing & Bonus Depreciation • Interest Deduction Limitations • Expansion of the Cash Method of Accounting • Bonus info & Bonus Individual Changes • Planning & Strategies 2
  • 3. Tax Reform Update Timeline of Reform Legislative Path Nov. 2: Ways and Means Releases First Draft Bill Nov. 6 Ways and Means Begins Mark-Up Nov. 16 House Vote SENATE Week of Nov. 6 Senate Finance Chairman Release Bill Week of Nov. 27 Senate Bill Mark-Up, Amendments and Debate Dec. 2 1:51AM Senate Vote December 15: Resolved Differences. Send back to House and Senate for Vote CONFERENCE COMMITTEE WHITE HOUSE Dec 22, 2017 President Signs P.L. 115-97 3
  • 5. Corporate Tax Rate Reduction Highest rate drops from 35% to 21%  Old Law o Corporate Tax Rates graduated up to a max of 35%, personal services taxed at max 35% o Subject to AMT  New Law o Corporate Tax Rates lowered to flat 21%, no special rate for personal service corporations o AMT is repealed o Permanent change, no expiration 5
  • 7. Pass-through Entity Deduction 20% Pass-through deduction  Old Law - No special deduction for pass-through entities  New Law - New below the line 20% deduction for pass-through entities o S Corporations, Partnerships, Sole Proprietorships o Must have “qualified business income” (QBI) from a trade or business  QBI does not include income earned as an employee  e.g. S Corp owners pays himself W-2 wages 7
  • 8. Pass-through Entity Deduction 20% Pass-through deduction (continued)  New Law - continued o Subject to limits and exclusions unless your overall taxable income is less than $157,500 (single) or $315,000 (married filing joint) o If income is over the limits, then:  QBI cannot be from specified service businesses such as law, medicine, accounting, consulting, investment services, etc. o Architecture & engineering are not specified service businesses  Deduction allowed only if business has W-2 wages and/or tangible property in use by the business to produce income  Phaseout range is $50,000 for single and $100,000 for married filing joint 8
  • 9. Pass-through Entity Deduction 20% Pass-through deduction (continued)  New Law - continued o Way too early to have solid guidance o Many commentators expect further legislation to clarify the deduction o New Sec 199A Replaces old Sec 199 Domestic Production Activities Deduction 9
  • 10. Pass-through Entity Deduction 20% Pass-through deduction (continued)  New Law - continued 10
  • 11. Pass-through Entity Deduction 20% Pass-through deduction (continued)  New Law - continued 11
  • 12. Sec 179 Expensing & Bonus Depreciation
  • 13. Sec 179 Expensing & Bonus Depreciation Bonus Depreciation  Old Law – 50% of basis of qualified property o Only new purchases, no used items o Personal property and limited types of real estate improvements o Scheduled to be phased out by 2020  New Law – 100% expensing from 9/27/17 through 2022, o Allowed for new and used property o Personal property and a larger group of eligible real estate improvements including most interior improvements o Phased out from years 2023 – 2028 13
  • 14. Sec 179 Expensing & Bonus Depreciation Cost Recovery – Section 179  Old Law – Election to expense up to $510,000 of qualifying property in 2017 instead of depreciating it over time o $510,000 cap is reduced dollar for dollar for all property in excess of $2,030,000 placed in service in 2017 o Assets include tangible personal property & off-the-shelf software o Some real property improvements allowed if elected, but only if used in a business, no rental assets, qualified restaurant property was included o Deduction limited to taxable income each year 14
  • 15. Sec 179 Expensing & Bonus Depreciation Cost Recovery – Section 179 (continued)  New Law – Beginning after 2017 o Maximum expense amount increased to $1,000,000 o Phase out threshold increased to $2,500,000 o Includes qualified real property (if elected):  Qualified improvement property (covers interior improvements to existing buildings)  Certain exterior improvements to existing buildings including roofs, HVAC, fire protection, alarm & security systems  No more qualified restaurant property  One advantage of Sec 179 over bonus depreciation – most states allow Sec 179 but not bonus depreciation 15
  • 16. Sec 179 Expensing & Bonus Depreciation Cost Recovery – Section 179 (continued) 16 Tax Years Max Deduction allowable Deduction phaseout begins at 2017 $510,000 $2,030,000 2018 $1,000,000 $2,500,000 2019 & later $1,000,000 + inflation adj. $2,500,000 + inflation adj.
  • 17. Sec 179 Expensing & Bonus Depreciation Cost Recovery – Real property changes  Old Law – o Non-residential real property depreciated over 15-39 years o Default life was 39 years, no bonus, no Sec 179, exceptions:  Qualified restaurant or retail property – 15 years, eligible for Sec 179  Qualified leasehold improvement property - 15 years, eligible for Sec 179  Qualified improvement property – 15 or 39 years w/ bonus 17
  • 18. Sec 179 Expensing & Bonus Depreciation Cost Recovery – Real property changes (continued)  New Law – Property placed in service after 2017 o Qualified restaurant/retail and qualified leasehold improvement property definitions have been eliminated o Qualified improvement property remains  15 year life  Eligible for Sec 179 if elected and bonus depreciation  Technical correction needed and is expected o Non-residential real property not meeting definition of qualified improvement property has a 39-year life 18
  • 20. Interest Deduction Limitations Interest Expense limited to 30% of taxable income  Old Law – o Interest paid by a business is generally deductible in calculating taxable income  New Law – Beginning after 2017 o Deduction for business interest expense is limited to the sum of:  Business interest income +  30% of the adjusted taxable income +  Floor plan financing interest for dealerships o Disallowed interest is carried forward indefinitely 20
  • 21. Interest Deduction Limitations Interest Expense limited to 30% of taxable income (continued)  New Law - (continued) o Business interest defined as interest paid or accrued on indebtedness properly allocable to a trade or business. It does not include investment interest. o Adjusted taxable income is defined as taxable income computed without regard to:  Any item of income, gain, deduction, or loss which is not properly allocable to a trade or business  Any business interest or business interest income  Net operating losses  For 2018-2021 only – depreciation, amortization, or depletion (eases the transition) 21
  • 22. Interest Deduction Limitations Interest Expense limited to 30% of taxable income (continued)  New Law - (continued) o This rule not applicable to taxpayers with average annual gross receipts of $25 million or less for the three-year period ending with the prior taxable year o Also does not apply to rental property activity if not considered a trade or business. If rental is a trade or business, then taxpayer can elect out of the interest rules in exchange for different (slower) depreciation rules for the rental property. o Previously mentioned floor plan financing exception 22
  • 23. Expansion of the Cash Method of Accounting
  • 24. Expansion of the Cash Method of Accounting Cash method can be used up to $25 million revenue  Old Law – o Cash method only allowed for tax purposes if either:  Revenue less than $1 million with inventory, or  Revenue less than $5 million without inventory  New Law – Beginning after 2017 o Cash method allowed for any company with average gross receipts of less than $25 million, calculated over 3-year period before the tax year o Can simplify bookkeeping for smaller restaurants/retail and hotels o Track inventory for mgmt decisions but immediately expense for tax 24
  • 26. Bonus Info Business Entertainment Expenses Disallowed 26  Old Law – o 50% deduction for business-related meals & entertainment o Meals provided on premises for convenience of employer are 100% deductible and excluded from employee’s income (no W-2 reporting)  New Law – Beginning after 2017 o No deduction for entertainment o Meals provided on premises for convenience of employer are 50% deductible but still excluded from employee’s income (no W-2 reporting)  This deduction also scheduled to be eliminated but only after 2025
  • 27. Bonus Info Net Operating Losses  Net Operating Losses – For 2018 – 2025 the deduction allowed is now equal to the lesser of: o (1) the aggregate of the net operating loss carryovers to such year, plus the net operating loss carrybacks to such year, or o (2) 80 percent of the taxable income computed without regard to the NOL.  NOLs can now only be carried forward to future tax years. o The amount of the carryover is limited to a maximum of 80 percent of the taxable income computed without regard to the NOL. 27
  • 28. Bonus Info Like-kind exchanges  Prior Law – o No gain or loss recognized if property is exchanged for property of a like- kind  Both old and new properties must be held for productive use in a trade or business or for investment  Applied to both tangible personal property (such as vehicles & equipment) and real property  New Law – Beginning after 2017 o Non-recognition of gain for a like-kind exchange is limited to real property only 28
  • 29. Bonus Info Estate, Gift, and Generation-Skipping Transfer Taxes  Estate and Gift Taxes – Beginning in 2018, the exemption for estate and gift taxes is increased to $10,000,000 (and adjusted forward for inflation from 2011). o Inflation - There will be a roughly $11,000,000 estate and gift exemption starting in 2018.  Generation-Skipping Transfer Tax – Beginning in 2018, the amount of the generation-skipping transfer tax exemption is increased to $10,000,000 (and adjusted forward for inflation from 2011). o Inflation - There will be a roughly $11,000,000 generation-skipping transfer tax exemption starting in 2018.  These increases are set to expire on December 31, 2025, and the exemption amounts will return to the pre-tax reform amounts. o This makes the current planning techniques still relevant, even for estates that do not exceed the increased exemption amount. 29
  • 30. More Bonus Info – Individual Tax Changes
  • 31. Individual Tax Changes Ordinary Income Tax Rates 2017 Tax Year  The current seven tax bracket system is retained, but the rates are lowered for all taxpayers. Below are the current rates for 2017. 31 Tax Rate Married Filing Jointly and Surviving Spouse Single Head of Household Married Filing Separately Estates & Trusts 10% $0-$18,650 $0-9,325 $0-$13,350 $0-$9,325 N/A 15% $18,650-$75,900 $9,325-$37,950 $13,350-50,800 $9,325-$37,950 $0-$2,550 25% $75,900-153,100 $37,950-$91,900 $50,800-$131,200 $37,950-$76,550 $2,550-$6,000 28% $153,100-233,350 $91,900-$191,650 $131,200-$212,500 $76,550-$116,675 $6,000-$9,150 33% $233,350-416,700 $191,650-$416,700 $212,500-$416,700 $116,675-$208,350 $9,150-$12,500 35% $416,700-$470,700 $416,700-$418,400 $416,700-$444,550 $208,350-$235,350 N/A 39.6% Over $470,700 Over $418,400 Over $444,550 Over $235,350 Over $12,500
  • 32. Individual Tax Changes Ordinary Income Tax Rates 2018 Tax Year (inflation adj. through 2025)  The current seven tax bracket system is retained, but the rates are lowered for all taxpayers and the thresholds are adjusted below. These rates and other changes are effective 2018 through 2025. 32 Tax Rate Married Filing Jointly and Surviving Spouse Single Head of Household Married Filing Separately Estates & Trusts 10% $0-$19,050 $0-9,525 $0-$13,600 $0-$9,525 $0-$2,550 12% $19,050-77,400 $9,525-38,700 $13,600-51,800 $9,525-38,700 N/A 22% $77,400-165,000 $38,700-82,500 $51,800-82,500 $38,700-82,500 N/A 24% $165,000-315,000 $82,500-157,500 $82,500-157,500 $82,500-157,500 $2,550-9,150 32% $315,000-400,000 $157,500-200,000 $157,500-200,000 $157,500-200,000 N/A 35% $400,000-600,000 $200,000-500,000 $200,000-500,000 $200,000-300,000 $9,150-$12,500 37% Over $600,000 Over $500,000 Over $500,000 Over $300,000 Over $12,500
  • 33. Individual Tax Changes Kiddie Tax  Children that are subject to the “Kiddie Tax” will have two different tax regimes for their earned and unearned income: o Earned Income: Taxed at the rates applied to single filers. o Unearned Income: Taxed at ordinary income and preferential rates applied to trusts and estates.  Children will no longer be subject to their parents’ tax rate.  Ages for application of kiddie tax are unchanged 33
  • 34. Individual Tax Changes Above-the-Line Deductions  Moving Expenses – Suspended through tax year 2025; however, still available for members of the U.S. military who move pursuant to a military order.  Alimony – Effective for divorce or separation agreements entered into after December 31, 2018*: o Deduction - The deduction for alimony or separate maintenance payments is repealed. o Inclusion - The inclusion of income by the recipient is repealed.  Existing alimony or separate maintenance agreements are grandfathered, as are modifications to existing agreements. o *Please note the 1-year delay on the implementation of this provision 34
  • 35. Individual Tax Changes Standard Deduction & Personal Exemptions  The standard deduction is increased to the following amounts: o Married Filing Jointly: $24,000 (up from $12,700) o Head-of-Household: $18,000 (up from $9,350) o All Other Taxpayers: $12,000 (up from $6,350)  The deduction is indexed for inflation in future years, 2018-2025  The personal exemption is suspended through tax year 2025. o The personal exemption for estates and trusts remains at $100 (complex), $300 (simple), $600 (estates). 35
  • 36. Individual Tax Changes Itemized Deductions  Medical Expenses – The AGI threshold is lowered from 10% to 7.5% for all taxpayers for tax years 2017 and 2018.  State and Local Taxes – Taxpayers are permitted a maximum $10,000 deduction (2018 – 2025) on the sum of: o (i) state and local real property taxes, o (ii) state and local personal property taxes, and o (iii) state and local income taxes (or sales tax, if elected).  This limitation does not apply to real property taxes and personal property taxes paid or accrued in carrying on a trade or business. 36
  • 37. Individual Tax Changes Itemized Deductions (Continued)  Mortgage Interest – Taxpayers are permitted to deduct the interest paid on acquisition indebtedness of up to $750,000. o Debt incurred on or before December 15, 2017, is grandfathered under the previous law of interest paid on acquisition indebtedness of up to $1,000,000.  Home Equity Interest – The deduction for interest paid on home equity indebtedness is suspended. No grandfather provision for home equity interest.  Both effective 2018-2025 37
  • 38. Individual Tax Changes Itemized Deductions (Continued)  Charitable Contributions – Three modifications for years 2018-2025: o (1) Cash contributions to public charities now have a 60 percent of AGI limitation (previously it was 50 percent). o (2) Denial of charitable deduction for payments made in exchange for athletic seating rights (previously able to deduct 80 percent of amounts paid). o (3) Removal of substantiation exception for certain contributions reported by the charitable organization. 38
  • 39. Individual Tax Changes Itemized Deductions (Continued)  Casualty Losses – Suspended through tax year 2025, unless the loss is attributable to a Federally declared disaster loss. o If a taxpayer has a personal casualty loss gain, they may deduct personal casualty losses not attributable to a Federal declared disaster loss in the amount equal to no more than the personal casualty loss gain.  Wagering Transactions - In addition to the limitation on gambling losses, expenses incurred in carrying on any wagering transaction are also limited to the extent of gambling winnings. 39
  • 40. Individual Tax Changes Itemized Deductions (Continued)  Miscellaneous Itemized Deductions Subject to 2-percent floor - These have been suspended through 2025 and include:  investment fees and expenses  tax preparation fees  unreimbursed business expenses  “Pease” Limitation – Repeals the overall limitation on itemized deductions through 2025. 40
  • 41. Individual Tax Changes Alternative Minimum Tax (AMT)  The individual AMT has been retained. o The exemption amounts have been increased to the following thresholds: • Joint Filers: $109,400 ($54,700 for MFS) • All other Filers: $70,300 o The exemption phase-out thresholds are increased to: • Joint Filers: $1,000,000 • All other Filers: $500,000 • Trusts and Estates – Remains unchanged. o Many of the tax preference items that are AMT addbacks have been suspended. 41
  • 42. Individual Tax Changes Business Losses  Businesses Losses – For 2018-2025 business losses are only permitted in the current year to the extent that they do not exceed the sum of: o (i) Taxpayer’s gross income and o (ii) $500,000 for joint filers or $250,000 for other taxpayers  Excess businesses losses will be disallowed and added to the taxpayer’s net operating loss (NOL) carryforward. o Carryforwards are limited to the lesser of: • (i) the carryforward amount or • (ii) 80-percent of taxable income determined without regard to the NOL deduction.  For pass-through entities, this is applied at the partner/shareholder level. 42
  • 43. Individual Tax Changes Miscellaneous Provisions  Inflation Adjustments – Inflation will be now measured using the Chained Consumer Price Index (C-CPI). This method is a generally slower inflationary adjustment than the current Consumer Price Index (CPI). o This provision is permanent.  Child Tax Credit – For 2018 – 2025 Increased to $2,000 per qualifying child, with up to $1,400 being refundable. Also, there is a new $500 non-child dependent credit. o Qualifying Child is defined as a dependent who is under the age of 17 at the end of the tax year.  Credit starts to phase-out for joint filers at AGI of $400,000 and for other filers at AGI of $200,000.  Sec 529 Savings Plans – For distributions after Dec. 31, 2017, “qualified higher education expenses” include tuition at an elementary or secondary public, private, or religious school, up to a $10,000 limit per tax year. 43
  • 45. Planning & Strategies Individuals  Increased Standard Deduction o Bunching Strategies to maximize itemized deductions  Defer/Accelerate Income - examples o Large gain on sale of stock/mutual funds could cause you to lose medical deductions since it raises the 7.5% of AGI amount o Plan for best year to receive W-2 bonus payments from employer if possible o Other phase outs based on income such as child tax credits, new pass-through deduction  Defer/Accelerate Itemized Deductions - examples o Plan elective medical procedures to bunch with other medical expenses to exceed the 7.5% of AGI amount o Plan your charitable giving to make sure you can itemize at least every other year 45
  • 46. Planning & Strategies Individuals  Increased Standard Deduction o Case Study – Married taxpayers with:  2018 o $150,000 income o $10,000 mortgage interest o $8,000 state & local tax o $5,000 charity  2019 o $160,000 income o $9,500 mortgage interest o $8,500 state & local tax o $5,000 charity 46 No bunching Bunching Charity Year 2018 2019 2018 2019 Income 150,000 160,000 150,000 160,000 Deductions (24,000) (24,000) (24,000) (28,000) Taxable income 126,000 136,000 126,000 132,000
  • 47. Planning & Strategies Businesses  Depreciation o Cost Segregation Study to re-characterize components of real property from long to short life o Take advantage of new bonus depreciation and Sec 179 rules o Be careful with interplay between this strategy and new deductible interest limits after 2021. More depreciation expense results in lower taxable income which limits interest. o Also remember new excess business loss and NOL rules – might limit current year benefit of big deductions 47
  • 48. Contact Tony Perricelli tperricelli@scottandco.com Twitter @tonypcpa Scott and Company 1441 Main Street, Suite 800 Columbia, SC 29201 803.256.6021 48
  • 49. Follow Us on Social Media 49

Editor's Notes

  1. Under pre-Act law, qualified leasehold improvement property was an interior building improvement to nonresidential real property, by a landlord, tenant or subtenant, that was placed in service more than three years after the building is and that meets other requirements. Qualified restaurant property was either (a) a building improvement in a building in which more than 50% of the building's square footage was devoted to the preparation of, and seating for, on-premises consumption of prepared meals (the more-than-50% test), or (b) a building that passed the more-than-50% test. Qualified retail improvement property was an interior improvement to retail space that was placed in service more than three years after the date the building was first placed in service and that meets other requirements. Qualified improvement property is any improvement to an interior portion of a building that is nonresidential real property if such improvement is placed in service after the date such building was first placed in service. Qualified improvement property does not include any improvement for which the expenditure is attributable to the enlargement of the building, any elevator or escalator, or the internal structural framework of the building.
  2. Under pre-Act law, qualified leasehold improvement property was an interior building improvement to nonresidential real property, by a landlord, tenant or subtenant, that was placed in service more than three years after the building is and that meets other requirements. Qualified restaurant property was either (a) a building improvement in a building in which more than 50% of the building's square footage was devoted to the preparation of, and seating for, on-premises consumption of prepared meals (the more-than-50% test), or (b) a building that passed the more-than-50% test. Qualified retail improvement property was an interior improvement to retail space that was placed in service more than three years after the date the building was first placed in service and that meets other requirements. Qualified improvement property is any improvement to an interior portion of a building that is nonresidential real property if such improvement is placed in service after the date such building was first placed in service. Qualified improvement property does not include any improvement for which the expenditure is attributable to the enlargement of the building, any elevator or escalator, or the internal structural framework of the building.