Please note that the information presented below is current as of press time and will be updated as information becomes available.
At 500 pages and counting, the Tax Cuts and Jobs Bill (H.R. 1) is the first significant tax reform effort undertaken by Congress in more than 30 years. If the proposed tax reform becomes legislation, these tax changes will affect everyone from individual taxpayers to business owners and educational institutions.
Individuals
Tax Brackets. The number of tax brackets is reduced to four (currently there are seven): 12%, 25%, 35% and 39.6%.
For individuals, the following tax rates apply:
- 12% up to $45,000
- 25% up to $200,000
- 35% up to $500,000
- 39.6% over $500,000
For married couples filing jointly, the following rates apply:
- 12% up to $90,000
- 25% up to $260,000
- 35% up to $1 million
- 39.6% over $1 million
Standard Deduction. The standard deduction increases to from $6,350 (2017) to $12,000 for individuals and from $12,700 (2017) to $24,000 for married couples.
Personal Exemption. The deduction for personal exemptions is repealed.
Family Tax Credit. The Child Tax Credit is replaced with the Family Tax Credit, which increases to $1,600 from the current $1,000. An additional $300 credit is provided for each parent as well as each non-child dependent. Phase-out thresholds rise to $115,000 for individuals and $230,000 for married couples to allow more families to take advantage of the credit. Also, Social Security numbers for children are required before claiming the enhanced credit.
Alternative Minimum Tax. The AMT is eliminated for individuals and families. As such, individuals could potentially reduce their tax rate significantly, (potentially to zero), via exemptions and deductions. This change affects the approximately 5 million taxpayers whose income is between $200,000 and $500,000.
Capital Gains and Dividends. The maximum tax rate remains at 23.8% (20% plus the 3.8% Medicare tax for taxpayers with income above $200,000 or $250,000 married filing jointly).
Estate Tax. The exemption (currently $5.5 million) immediately doubles to $11.2 million and remains at this level for the next six years, after which time the estate tax is is eliminated completely (tax year 2025 and beyond).
Education Tax Credits. Coverdell plans (Section 530 Program) are eliminated and 529 Savings Plans are expanded to allow some funds to be used for K-12 education. Rollovers to Achieving a Better Life Experience (ABLE) Sec. 529A accounts will be allowed as well.
Mortgage Interest Deduction. Remains but with a few changes such as allowing interest deduction for up to $500,000 (currently $1 million) in mortgage principal on new homes. Existing mortgages are grandfathered in.
State and Local Income Tax Deduction. Repealed, including sales taxes not paid or accrued in a trade or business.
Charitable Contributions. Deductions for charitable donations remain.
Medical Expense Deductions. Repealed.
Student Loan Interest Deduction. Repealed.
Miscellaneous Deductions. Many are repealed including those relating to tax preparation, alimony payments, and moving expenses with the exception of the moving expense reimbursement for members of the Armed Forces on active duty who move because of a military order.
Adoption Tax Credit. Remains.
Electric Vehicles. The $7,500 tax credit for the purchase of electric vehicles is eliminated.
Businesses
Corporate Tax Rate. Reduced to 20% from 35%.
Territorial Taxation. Companies with offshore earnings, currently taxed at a 35% rate, would transition to a territorial tax system. Under the tax reform bill income derived from offshore earnings, if repatriated, would be subject to an effective tax rate of 14% for earnings held in liquid assets and 7% for illiquid assets.
Business Interest. Small businesses retain the ability to write off interest on loans.
Business Expensing. Businesses would be allowed to immediately write off the full cost of new equipment.
Business Entertainment Expenses Deduction. The deduction for business entertainment expenses is eliminated.
Pass-through Entities. The tax rate on pass-through business entities is reduced to a maximum of 25%. Furthermore, a 9% tax rate (vs. the 12% tax rate currently in place) now applies for the first $75,000 ($37,500 for single filers and $56,250 for heads of household) in pass-through business income of an active owner or shareholder earning less than $150,000. The threshold amount is $75,000 for single filers and $112,500 for heads of household. This 9% rate applies to all businesses (subject to the $75,000 income ceiling) and is phased in at 11% for 2018 and 2019, 10% for 2020 and 2021 and 9% for tax year 2022 and beyond.
Low-income Housing Tax Credit. Remains.
Research & Development Tax Credit. Remains.
Work Opportunity Tax Credit. Repealed.
Endowment Assets. A 1.4% excise tax is imposed on investment income derived from endowment funds at private schools (colleges and universities). An exclusion is provided for an institution whose endowment (fair market value) is less than $250,000 per student.