Tax Cuts and Jobs Act (TCJA) Overview 1.5

“The new law increases the credit for qualifying children (i.e., children under 17) to $2000 from $1000, and increases to $1,400 the refundable portion of the credit. It also introduces a new (nonrefundable) $500 credit …”

An overview of the Tax Cuts and Jobs Act

The recently enacted Tax Cuts and Jobs Act (TCJA) represents major changes our nation’s tax code.

Here’s a look at some of the more important elements of the new law that have an impact on individuals. Unless otherwise noted, the changes are effective for tax years beginning in 2018 through 2025. That’s right. The next seven (7) years.

 

  • Tax Rates.  The new law imposes a new tax rate structure with seven tax brackets: 10%, 12%, 22%, 24%,  32%, 35%, and 37%. The top rate was reduced from 39.6% to 37% and applies to taxable income above $500,000 for single taxpayers, and $600,000 for married couples filing jointly. The rates applicable to net capital gains and qualified dividends were not changed. The ‘kiddie tax’ rules were simplified. The net unearned income of a child subject to the rules will be taxed at the capital gain and ordinary income rates that apply to trusts and estates. Thus, the child’s tax is unaffected by the parent’s tax situation or the unearned income of any siblings.
  • Standard Deduction.  The new law increases the standard deduction to $24,000 for joint filers, $18,000 for head of household, and $12,000 for single and married taxpayers filing separately. Given these increases, many taxpayers will no longer be itemizing deductions. These figures will be indexed for inflation after 2018.
  • Exemptions.  The new law suspends the deduction for personal exemptions. Thus, starting in 2018, taxpayers can no longer claim personal or dependency exemptions. The rules for withholding income tax on wages will be adjusted to reflect this change, but IRS was given the discretion to leave the withholding unchanged for 2018.
  • New deduction for “qualified business income.”  Starting in 2018, taxpayers are allowed a deduction equal to 20 percent of “qualified business income,” otherwise known as “pass-through” income, i.e., income from partnerships, S corporations, LLCs and sole proprietorships. The income must be from a trade or business within the U.S. Investment income does not qualify, nor do amounts received from an S Corporation as reasonable compensation or from a partnerships a guaranteed payment for services provided to the trade or business. The deduction is not used in computing adjusted gross income, just taxable income. For taxpayers with taxable income above $ 157,500 ($315,000 for joint filers), (1) a limitation based on W-2 wages paid by the business and depreciable tangible property used in the business is phased in, and (2) income from the following trades or businesses is phased out of qualified business income: health, law, consulting, athletics, financial or brokerage services, or where the principal asset is the reputation or skill of one or more employees or owners.
  • Child and family tax credit.  The new law increases the credit for qualifying children (i.e., children under 17) to $2000 from $1000, and increases to $1,400 the refundable portion of the credit. It also introduces a new (nonrefundable) $500 credit for a taxpayer’s dependents who are not qualifying children. The adjusted gross income level at which the credits begin to be phased out has been increased tp $200,000 ($400,000 for joint filers).
  • State and local taxes. The itemized deduction for state and local income and property taxes is limited to a total of $10,000 starting in 2018.
  • Mortgage interest. Under the new tax law, mortgage interest on loans used to acquire a principal residence, and a second home is only deductible on debt up to $750,000 (down from $1 million), starting with loans taken out in 2018. And there is no longer any deduction for interest on home equity loans, regardless of when the debt was incurred.
  • Miscellaneous itemized deductions. There is no longer a deduction for miscellaneous itemized deductions which were formerly deductible to the extent they exceeded 2 percent of adjusted gross income. This category included items such as tax preparation costs, investment expenses, union dues, and unreimbursed employee expenses. So, all of your auto expenses, for example, are no longer deductible.
  • Medical expenses. Under the new law, for 2017 and 2018, medical expenses are deductible to the extent they exceed 7.5 percent of adjusted gross income for all taxpayers. Previously, the AGI “floor” was 10% for most taxpayers.
  • Casualty and theft losses. The itemized deduction for casualty and theft losses has been suspended except for losses incurred in a federally declared disaster. So, if you are renter, or a coop or condo or dwelling owner who lacks comprehensive coverage for your personal property, now is the time to purchase coverage.
  • Overall limitation. The new law suspends the overall limitation on itemized deductions that formerly applied to taxpayers whose adjusted gross income exceeded specified thresholds. The itemized deductions of such taxpayers were reduced by 3% of the amount by which AGI exceeded the applicable threshold, but the reduction could not exceed 80% of the total itemized deductions, and certain items were exempt from the limitation.
  • Moving expenses. The deduction for job-related moving expenses has been eliminated, except for certain military personnel. The exclusion for moving expense reimbursements has also been suspended.
  • Alimony. There is some truth in the old song, “It’s Cheaper To Keep Her.” For post-2018 divorce decrees and separation agreements, alimony will not be deductible by the paying spouse and will not be taxable to the receiving spouse.
  • Health care “individual mandate.” Starting in 2019, there is no longer a penalty for individuals who fail to obtain minimum essential health coverage. (This will probably lead to fewer Americans purchasing health insurance, and more states reducing or eliminating Medicaid contributions for health care plans.)
  • Estate and gift tax exemption. Effective for decedents dying , and gifts made, in 2018, the estate and gift tax exemption has been increased to roughly $11.2 million ($22.4 million for married couples).
  • Alternative minimum tax (AMT) exemption. The AMT has been retained for individuals by the new law but the exemption has been increased to $109,400 for joint filers ($54,700 for married taxpayers filing separately), and $70,300 for unmarried taxpayers. The exemption is phased out for taxpayers with alternative minimum taxable income over $1 million for joint filers, and over $500,000 for all others.

As you can see from this overview, the new law affects many areas of taxation. I plan to hold at least one (1) public seminars in Brooklyn, to ‘drill down’ into just how the new law will affect you. There will be a fee charged for attendance at these seminars to offset the cost of the venue, and painkillers.

Eustace L. Greaves, Jr., LUTCF is a frequent presenter in the areas of personal insurance, personal income taxation,  and budget and credit strategies for many organizations, including, Neighborhood Housing Services of NYC, Inc., HCCI, Impacct Brooklyn, and Bridge Street Development Corporation. He is a New York State licensed insurance agent and broker, and  NYS Defensive Driving Delivery Agent and Instructor.

You can reach Eustace at Eustace@insuremeeg.com, or 718-783-2722.

 

Double Dees New Meaning | BrooklynCovered.com

This year, the cost to your employer to provide you with employer-sponsored health insurance (nontaxable, at least so far), is represented by the box 12 amount next to the DD’s. According to Notice 2011-28 in IRS Section 6051 employers are now required to show on each employee’s annual Form W-2 the value of the employee’s health insurance coverage sponsored by the employer.

Double Dee’s New Meaning, or, They Ain’t What They Used To Be

When I was a young lad, when somebody said “Double Dees”, it didn’t mean what double dees (DD’s) mean today. Today, the only place most people who aren’t artificially enhanced or children doing poorly in two (2) school subjects will find code DD is on the 2012 W-2 they received from their employer.

W-2 Wage and Tax Statement for 2012
W-2 Wage and Tax Statement 2012

Take a look at box 12 of  your 2012 W-2. If you work for an employer, large or small who offers a package of employee benefits, you’ve become accustomed to seeing the letter C, which refers to the taxable amount of group-term life insurance over $50,000. This is included in the amounts in boxes 1, 3 (up to the Social Security wage limit) and 5.

Another popular letter code is D, which refers to income deferrals you elected to make into a 401(k)  plan. This code can also include deferrals to SIMPLE retirement accounts that are a part of a 401 (k).

W-2 Instructions For Employees applicable to all, yet only read by a few
The W-2 Instructions For Employees applicable to all, yet read by only a few.

For those of you working for a local, state or federal agency, you’d see either the letter E or G. These letters refer to elective deferrals under a section 403(b) or 457(b) deferred compensation plan, respectively.

Back To The DD’s

This year, the cost to your employer to provide you with employer-sponsored health insurance (nontaxable, at least so far), is represented by the box 12 amount next to the DD’s. According to Notice 2011-28 in IRS Section 6051 employers are now required to show on each employee’s annual Form W-2 the value of the employee’s health insurance coverage sponsored by the employer.

Why Is This So Important?

Remember the 2010 Health Care Reform which finally became law on June 28, 2012? Well, the individual mandate requires all non-exempt U. S. citizens to maintain minimum health insurance coverage, beginning January 2014.  Failure to do so will result in their paying a penalty.

So Guess Where You’ll Pay The Penalty?

As a income tax professional, I will, beginning with the preparation of 2014 income tax returns, be required to confirm whether or not a client owns “minimum essential health insurance coverage. Doing returns for employees of firms with more than 50 employees will be easy – the information will be right there on the W-2.

I work with many sole proprietors and single-and-two person LLCs who will be required to show certain proof, such as a letter from the insurance company, cancelled checks, etc. In either case, proper proof must be submitted, or the penalty will be applied to your total tax liability on Form 1040.

Any preparer like myself, who fails to properly document the existence of this minimum essential coverage, will probably find themselves paying hefty fines for failure to conform to preparation rules. Here’s a hint: Additional rules will create additional forms to know and complete. Budget for certain increases in your income tax preparation fees. Just a word to the wise.

What If An Employer With More Than 50 Employees Doesn’t Offer Health Insurance?

Well, according to IRS Section 4980H, if they don’t offer their employees affordable health insurance, they will be subject to a penalty of up to $2000 for each employee.

Ouch.

So What’s So Good About The DD’s Now?

One of my clients came in for their tax preparation appointment just moaning and groaning about his job. When I explained what the DD code meant, he looked at me and said, “I will never complain about my job again.”

Amazing how little it takes for folks to appreciate all their job has to offer.

Even more amazing? These are the type of DD’s which turn me on now.

Oh, the humanity.