One of the most beneficial provisions is a new 20 percent deduction of the qualified business income reported by sole proprietors filing a Schedule F, C, E or Form 4835, and owners of pass-through entities such as partnerships, LLCs and S corporations.
The rules aren’t simple, however, and will require a careful analysis depending on your individual tax return income level and the number and type of your business lines. This new deduction is set to expire on 12/31/2025. Also, service industries fall under special rules, and the deduction is phased out at the married filing joint level of $315,000. The qualified business income must be connected to the conduct of a trade or business within the United States. The income excludes income that is capital gain, dividends or interest. It also excludes reasonable compensation and partnership guaranteed payments.
So, how does this work? Married taxpayers with taxable income under $315,000 and single taxpayers with income under $157,500 will be able to take a deduction of the lesser of 20 percent of their qualified business income or their taxable income less any capital gains.
Individuals with income over these levels will have additional tests to meet. The deduction is then limited to 50 percent of the wages paid or 25 percent of wages plus 2.5 percent of the unadjusted basis of the farm assets, excluding land. Here are some ways retirement plan contributions can help you take advantage of the new pass-through income tax deduction.
An unintended consequence of rushing the legislative process was a provision that currently allows the 20 percent deduction to be taken on the full amount of proceeds received on sales to co-ops rather than just the net co-op payments. The original intent was to replace the disallowance of the DPAD deduction, but lawmakers are looking at how they can reduce this unintended result that is currently very favorable to farmers.
Let’s look at some examples:
Basic Facts of the Examples
|
|
|
|
Taxable Income |
$200,000 |
$500,000 |
$500,000 |
Wages Paid |
$0 |
$75,000 |
$0 |
Unadjusted Basis of Assets |
$1 million |
$7 million |
$1 million |
|
|
|
|
Taxable Income |
$200,000 |
$500,000 |
$500,000 |
Deduction Amount |
-$40,000 |
-$100,000 |
-$25,000 |
Adjusted Taxable Income |
$160,000 |
$400,000 |
$475,000 |
|
|
|
|
How to Figure the Deduction – the Lesser of: |
|
|
|
1) 20% Deduction |
$40,000 |
$100,000 |
$100,000 |
or |
|
|
|
2) Greater of: |
|
|
|
50% of wages or |
|
$37,500 |
$0 |
25% of wages + 2.5% of unadjusted basis of assets |
|
$193,750 |
$25,000 |