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The Qualified Business Income Deduction: Questions and Answers

Virginia Perry • Sep 24, 2018

One of the business-favorable provisions of the 2017 Tax Cuts & Jobs Act (TCJA) allows pass-through entities to deduct up to 20% of their qualified business income (QBI) from their taxable income. The rules about who can take the deduction and about what constitutes qualified business income are located in Section 199A of the Internal Revenue Code. Since few people want to read that for themselves, we are summarizing it here in a question-answer format.

  • Q. What types of businesses qualify?
  • A. Any business structure except a C-corporation will qualify. The C-corporations received a reduction in their top tax rate to 21% under the TCJA. The QBI deduction is designed to be an equivalent for other businesses. Sole proprietorships, not typically classified as pass-through entities, are also eligible for the deduction. Even trusts and estates qualify, which is great, because they hit the maximum 37% tax bracket with just $12,501 of taxable income.
  • Q. Are there any restrictions?
  • A. Oh, yes. This is the tax code, after all. First, statutory employees and contract workers are not eligible. Second, the income must come from a domestic business. Third, there are income restrictions. If your taxable income (before the deduction) is between $157,500 and $207,500 ($315,000 and $415,000 MFJ), then your deduction is limited by amounts relating to your fixed assets and the W-2 wages paid out. If your taxable income is over $207,500 ($415,000 MFJ), then you can’t take the deduction at all if you are in a “Specified Service Trade or Business” such as those in the fields of health, law, accounting, performing arts, consulting, financial services, or any business in which the principal asset is the skill of its employees or owners. If your business qualifies, it is still subject to W-2 and capital limitations.
  • Q. What about publicly traded partnerships?
  • A. Yes. Income received from domestic activities of publicly traded partnerships is eligible for the deduction.
  • Q. How is QBI calculated?
  • A. Basically, it is ordinary business income. Capital gains and losses, dividends, and interest are excluded. S-corporations and partnerships will now have to include information on QBI, W-2 wages, and the basis of certain assets on the K-1s they issue to partners and shareholders so that the owners can calculate QBI deductions on their individual tax returns.
  • Q. So if I’m a small, domestic business owner who makes less than the numbers above, my taxes will drop 20%?
  • A. Not exactly. This deduction only applies to your federal income taxes. You still have to pay self-employment taxes on the full amount. Also, farm and rental losses on your return can limit your QBI deduction. Basically, you get the lesser of 20% of QBI or 20% of taxable income minus net capital gains.
  • Q. Anything else I should know?
  • A. This deduction is a below-the-line deduction. It doesn’t reduce your adjusted gross income (AGI), so it won’t make you eligible for credits or deductions that are only available to people with lower AGIs (like the Earned Income Credit). If you don’t qualify before the QBI, you won’t after.

Please note that this is a complex topic and that the IRS has not finished issuing guidance on it. The essential points are summarized above, but we recommend consulting an experienced CPA early next year if you normally complete your own returns for a partnership or S-corporation.



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2018 TAX CUTS AND JOB ACT (TCJA) INDIVIDUALS TCJA will lower tax rates (top rate reduced from 39.6% to 37%) at many levels but impact to individuals/families will depend on a variety of other changes made by the Act Most provisions begin 1/1/2018 and end 12/31/2025 Increase in Standard Deductions to $24,000 for joint filers, $18,000 for Head of Households, and $12,000 for Single and Married Filing Separately Loss of Personal and Dependency exemptions Change in Itemized Deductions: State and Local Taxes - $10,000 limit on aggregate property, state and local taxes as an itemized deduction Medical Expenses - will revert back to the 7.5% AGI reduction for 2017 and 2018 and then 10% for 2019 and forward Interest you pay – Home Equity Loan Interest no longer deductible Charitable Contributions – Total Cash contributions deductible up to 60% AGI. No deductions for seating rights for college sporting events Casualty and Theft Losses – deductible only if due to federally declared disaster Employee Reimbursed Job Expenses and Miscellaneous Deductions will no longer be deductible including safe deposit boxes, tax preparation fees, investment fees, gambling losses Moving Expenses – no deduction except for certain military personnel Alimony – for post 2018 divorce degrees and separation agreements, alimony will not be deductible by the paying spouse and will not be taxable to the receiving spouse. 529 Plans – may now be used for educational expenses at an elementary or secondary public, private or religious school Kiddie Tax – unearned income of a child now taxed at the capital gains and ordinary tax rates for trusts and estates Child and Family Tax Credit – Credit increased to $2000 for qualifying children under 17 and refundable portion of credit to $1400. New $500 credit for dependents who are not qualifying children. Credits now phased out at $400,000 for joint filers. Health Care “Individual Mandate” – Beginning 2019, there is no longer a penalty for individuals who fail to obtain minimum essential health coverage. There is no change to the large employer mandate to provide insurance BUSINESSES Tax Rates for C Corporations – beginning 2018 tax year – 21% flat tax rate and eliminates the corporate AMT New 20% Deduction for Qualified Business Income from a Pass-through entity such as Partnership, S Corporation or Sole Proprietorship reduces taxable income but not adjusted gross income and will phase out for income from certain services For taxpayers with income above $315,000 joint and $157,500 single, limitation on W-2 wages and value of depreciable fixed assets is phased in deduction phased out for income from certain service related businesses Deduction is not available to: businesses which provide services in the fields of accounting, actuarial science, athletics, brokerage services, investing, consulting, financial services, health, law or the performing arts or whose principal asset is the reputation or skill of one or more of its employees or owner Bonus Depreciation – Property placed in service after 9/27/17, 100% deduction – New or used property 100% begins decreasing inn year 2023 to 80% and down to 0% by 2027 Section 179 Expensing – increased to $1 Million in 2018 and expands the definition of qualified property Health Care Coverage for Employees - There is no change to the large employer mandate to provide insurance Entertainment Expense and Club Dues: No deduction is allowable with an activity generally considered entertainment, amusement or recreation No deduction for membership in clubs organized for business, pleasure, recreation or other social purpose Net Operating Losses – beginning 2018, carryback provision is eliminated and NOLs can be carried forward indefinitely Like Kind Exchanges – will limit tax-free exchanges to exchange of real property that is not held primarily for sale, thus, personal property like autos and intangible property cannot qualify for tax-free like kind exchanges. Withholding on Employee Wages – because of new tax rates for 2018, tax withholding tables will change. IRS indicates it will release these tables in January for employers to begin using in February 2018 ESTATES Tax exemptions for estates doubled to $10 million per person beginning 1/1/2018 and indexing to approximately $11.2 million by 2018 Marilyn L. Miller, CPA 123 W. Washington Ave. Athens, TN 37303 (423)745-6680 Jason G. McPhail, CPA 345 Frazier Avenue, Suite 207 Chattanooga, TN 37405 (423)756-7002
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