Monday, November 5, 2018

Tax Cuts and Jobs Act on Deductions: A comparison for businesses


The Tax Cuts and Jobs Act ("TCJA") changed deductions that affect businesses. This side-by-side comparison can help businesses understand the changes and plan accordingly.
Changes to Deductions
Deductions
2017 Law
What changed under TCJA
New deduction for qualified business income of pass-through entities
No previous law for comparison. This is a new provision.
This new provision, also known as Section 199A, allows a deduction of up to 20% of qualified business income for owners of some businesses. Limits apply based on income and type of business.
Limits on deduction for meals and entertainment expenses
A business can deduct up to 50% of entertainment expenses directly related to the active conduct of a trade or business or incurred immediately before or after a substantial and bona fide business discussion.
The TCJA generally eliminated the deduction for any expenses related to activities considered entertainment, amusement or recreation. However, under the new law, taxpayers can continue to deduct 50% of the cost of business meals if the taxpayer (or an employee of the taxpayer) is present and the food or beverages are not considered lavish or extravagant. The meals may be provided to a current or potential business customer, client, consultant or similar business contact.  If provided during or at an entertainment activity, the food and beverages must be purchased separately from the entertainment, or the cost of the food or beverages must be stated separately from the cost of the entertainment on one or more bills, invoices, or receipts.
New limits on deduction for business interest expenses
The deduction for net interest is limited to 50% of adjusted taxable income for firms with a debt-equity ratio above 1.5. Interest above the limit can be carried forward indefinitely.
The change limits deductions for business interest incurred by certain businesses. Generally, for businesses with 25 million or less in average annual gross receipts, business interest expense is limited to business interest income plus 30% of the business’s adjusted taxable income and floor-plan financing interest
There are some exceptions to the limit, and some businesses can elect out of this limit. Disallowed interest above the limit may be carried forward indefinitely, with special rules for partnerships.
Changes to rules for like-kind exchanges
Like-kind exchange treatment applies to certain exchanges of real, personal or intangible property.
Like-kind exchange treatment now applies only to certain exchanges of real property.
Payments made in sexual harassment or sexual abuse cases
No previous law for comparison. This is a new provision.
No deduction is allowed for certain payments made in sexual harassment or sexual abuse cases.
Changes to deductions for local lobbying expenses
Although lobbying and political expenditures are generally not deductible, a taxpayer can deduct payments related to lobbying local councils or similar governing bodies.
TCJA repealed the exception for local lobbying expenses. The general disallowance rules for lobbying and political expenses now apply to payments related to local legislation as well.
If you would like to discuss how these changes affect your particular situation, and any planning moves you should consider in light of them, please give me a call.

Very truly yours,

Amare Berhie, Senior Accountant     
amare@abataxaccounting.com        
(651) 300-4777

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