The recent Tax Cuts and Jobs Act aka Tax Reform has made a significant impact on the tax situation of franchise business owners. Our slide deck provides the business tax and individual tax highlights of the Tax Cuts and Jobs Act for franchise organizations.
4. INDIVIDUAL HIGHLIGHTS
Marginal Tax Rates
Married filing jointly and surviving spouses
RATE OVER NOT OVER
10% -- $ 19,050
12% $ 19,050 $ 77,400
22% $ 77,400 $165,000
24% $165,000 $315,000
32% $315,000 $400,000
35% $400,000 $600,000
37% $600,000 --
2017
RATE OVER NOT OVER
10% -- $ 18,650
15% $ 18,650 $ 75,900
25% $ 75,900 $153,100
28% $153,100 $233,350
33% $233,350 $416,700
35% $416,700 $470,700
39.6% $470,700 --
2018
5. INDIVIDUAL HIGHLIGHTS
Marginal Tax Rates
Married filing jointly and surviving spouses ($600,000 of taxable income in 2017)
RATE OVER NOT OVER
CUMULATIVE
TAX
10% -- $ 19,050 $ 1,905
12% $ 19,050 $ 77,400 $ 8,907
22% $ 77,400 $165,000 $ 28,179
24% $165,000 $315,000 $ 64,179
32% $315,000 $400,000 $ 91,379
35% $400,000 $600,000 $161,379
37% $600,000 --
2017
RATE OVER NOT OVER
CUMULATIVE
TAX
10% -- $ 18,650 $ 1,865
15% $ 18,650 $ 75,900 $ 10,453
25% $ 75,900 $153,100 $ 29,753
28% $153,100 $233,350 $ 52,223
33% $233,350 $416,700 $112,728
35% $416,700 $470,700 $131,628
39.6% $470,700 -- $182,831
2018
6. INDIVIDUAL HIGHLIGHTS
Standard Deduction/Exemptions
$24,000 for married individuals filing a joint return
$18,000 for head-of-household filers
$12,000 for all other taxpayers
– Dependents subject to “Kiddie” Tax
• $1,050 or
• Sum of $350 and individual’s earned income up to $12,000 total
$1,600 additional deduction for elderly and blind
Personal/dependency exemptions reduced to $0
7. INDIVIDUAL HIGHLIGHTS
Itemized Deductions – Taxes
Aggregate deduction for state and local taxes (e.g. income
tax, composite tax, property tax, vehicle tax) capped at
$10,000.
Cap does not affect taxes paid or accrued in carrying on a
trade or business (Schedule C, E, F).
8. INDIVIDUALS
Itemized Deductions –
Medical
Threshold on medical expense
deduction is reduced to 7.5% of
AGI for 2017 and 2018
10% of AGI AMT threshold is
eliminated for 2017 and 2018
9. INDIVIDUAL HIGHLIGHTS
Itemized Deductions –
Charitable Contributions
Maximum deduction is
increased to 60% of AGI
Excess contributions
carryforward up to 5 years
Deduction for any payment to
universities in exchange for
athletic tickets or seating
licenses is eliminated
10. INDIVIDUAL HIGHLIGHTS
Itemized Deductions – Mortgage Interest
Deductible mortgage interest is limited to underlying
indebtedness of up to $750,000.
Grandfather clause:
– The new lower limit does not apply to acquisition indebtedness incurred
before Dec. 15, 2017.
– Refinancing existing indebtedness does not disqualify the $1M limit as
long as the new balance does not exceed the amount refinanced.
Home equity loan interest is no longer deductible.
11. INDIVIDUAL HIGHLIGHTS
Itemized Deductions – Miscellaneous
All miscellaneous itemized deductions that were subject
to the 2% floor are eliminated
– Discussions needed with S-corporation owners and anyone with
significant unreimbursed employee business expenses
• Expenses may be able to be paid and deducted by the entity/employer.
• May affect compensation and expense reimbursement arrangements
Overall limitation on itemized deductions is eliminated
12. INDIVIDUAL HIGHLIGHTS
Observation: With the reduction and elimination of many preference items,
AMT will affect far fewer taxpayers.
Exemption Exemption Phaseout
2017 2018 2017 2018
MFJ $ 86,200.00 $ 109,400.00 $ 164,100.00 $1,000,000.00
Single $ 55,400.00 $ 70,300.00 $ 123,100.00 $ 500,000.00
MFS $ 43,100.00 $ 54,700.00 $ 82,050.00 $ 500,000.00
Alternative Minimum Tax (AMT)
14. BUSINESS HIGHLIGHTS
All Business Entities
Cash method of accounting is now permissible for
C-corporations with revenues up to $25M (previously $5M)
Accounting for inventories $10M threshold increased to
$25M (indexed for inflation)
UNICAP threshold of $10M increased to $25M (indexed for
inflation)
– No change and still required for all producers and manufacturers
regardless of gross receipts
Accounting for long-term contracts $10M threshold for
percentage of completion method is increased to $25M
(indexed for inflation)
15. BUSINESS HIGHLIGHTS
Interest limitation to 30% of adjusted taxable income
– Only applies if gross receipts over $25M
– Disallowed interest can be carried forward indefinitely
– Does not apply to floor-plan
– Adjusted taxable income is taxable income without regard to depreciation,
interest income, interest expense, NOLs or DPAD
NOL deduction
– Limited to 80% of taxable income
– No carryback but can carry forward indefinitely
Like-kind exchanges
– Real property only
16. BUSINESS HIGHLIGHTS
C-Corporations
Tax rate reduction for years beginning after Dec. 31, 2017
– Flat rate of 21%
– No special rate for personal service corporations
Elimination of AMT for years beginning after Dec. 31, 2017
17. BUSINESS ENTITIES
Qualified Business Income Deduction
The rules then exclude a ‘specified service trade or
business’ from QBI, but then allow such income to be
eligible for the 20% deduction for QBI for taxpayers with
taxable income below $315,000 for married filing joint
returns.
– For taxpayers with taxable income greater than $315,000, the 20%
deduction is phased out between $315,000 and $415,000.
18. BUSINESS HIGHLIGHTS
Bonus Depreciation
Increased from 50% to 100% for assets placed in service
after Sept. 27, 2017
Now includes new and used
Cannot be purchased from a related party
Phased out starting in 2023, sunsets after 2026
– 2023: 80%
– 2024: 60%
– 2025: 40%
– 2026: 20%
First tax year ending after Sept. 27, 2017,
can elect 50% in lieu of 100%
19. BUSINESS HIGHLIGHTS
Entertainment expenses
– Generally are no longer deductible
Meals
– The general deduction allowed for 50% of business meals still applies
– Employer providing food & beverages on employer premises and facilities
• Prior to 2018: 100% deductible
• 2018-2025: 50% deductible
• After 2025: no longer deductible
– Company picnics and holiday parties
are still deductible
21. BUSINESS ENTITIES
C vs. S-Corporation
Each business will have specific factors to consider in the
choice of tax status of the business.
The 21% federal C-corporation rate is an attractive rate.
However, where corporate profit is subject to a 21%
federal rate and state income tax, and then taxed again to
the shareholders as a taxable dividend, the combined tax
may approach 50%.
22. BUSINESS ENTITIES
C vs. S-Corporation
Where the income is eligible for the new 20% business
deduction on Qualified Business Income (QBI), the
combined federal and state tax rate may be in the range
of 35%-40%.
Where the income is not eligible for the new 20%
business deduction on QBI, the combined federal and
state tax rate may be in the range of 41%-46%.
24. Our professionals regularly see franchise owners
who didn’t get their full refund and are often
missing strategic tax planning advice that can
save them several thousand dollars.
Certain tax situations make this more likely in
2018 as a result of the Tax Cuts and Jobs Act.
What is HK’s Complimentary TaxGap
Review?
25. It is very likely with all these changes that
strategic advice, specific to franchise owners, has
inadvertently been overlooked, and you may not
have claimed credits and/or deductions that could
make a difference on your refund.
HK’s TaxGap Review can assist franchise owners
to make sure nothing has been missed and they
are minimizing their tax liability as much as
possible.
HK’s Complimentary TaxGap Review
26. Gather historical financial and tax information.
HK’s national franchise group reviews financial
information.
HK identifies and discusses planning
opportunities.
Summarize potential savings in a follow-up
correspondence.
Optimize your finances with HK’s
Complimentary TaxGap Review
27. HK provides franchise owners with access to a
free, independent and objective holistic review of
their current situation.
Your results from the complimentary review will
provide a diagnostic of recommendations,
suggestions, cost savings identified, potential
compliance issues, refund opportunities, etc.
HK’s Complimentary TaxGap Review adds value
Always consult with your CPA and attorney as there are many ways to structure each of the strategies; this presentation is an overview
Standard deduction/exemption
$24,000 for married individuals filing a joint return
$18,000 for head-of-household filers
$12,000 for all other taxpayers
Additional deduction for elderly and blind remains unchanged
Personal / Dependency Exemptions are reduced to $0
2018 withholding rules may remain the same as 2017
Itemized deductions – taxes
The aggregate deduction for SALT and Property Tax is capped at $10,000.
This cap does not affect taxes paid or accrued in carrying on a trade or business
Itemized Deductions – Medical
Threshold on medical expense deduction is reduced to 7.5% of AGI for 2017 and 2018
10% of AGI AMT threshold is eliminated for 2017 and 2018
Itemized Deductions – Charitable Contributions
Maximum deduction is increased to 60% of AGI
Excess contributions carryforward up to five years
Donee-reporting requirements of contemporaneous written acknowledgement for any contribution over $250 is eliminated
Must still prove the contribution’s amount/value and that no services/goods were provided but this prevents the denial of such contributions when the taxpayer can’t prove they had complete and proper documentation at the time the return was filed
Deduction for any payment to Universities in exchange for athletic tickets or seating licenses is eliminated
Itemized Deductions – Mortgage Interest
Deductible mortgage interest is limited to underlying indebtedness of up to $750,000.
Home equity loan interest is no longer deductible.
Grandfather clause:
The new lower limit does not apply to acquisition indebtedness incurred before Dec. 15, 2017.
Refinancing existing indebtedness does not disqualify the $1M limit as long as the new balance does not exceed the amount refinanced.
Itemized Deductions – Miscellaneous
All miscellaneous itemized deductions that were subject to the 2% floor are eliminated.
Discussions needed with:
S-Corp owners
Truck drivers
Anyone with significant unreimbursed employee business expenses
Overall limitation (Pease limitation/haircut) on itemized deductions is eliminated
AMT
Exemption increases to:
MFJ: $109,400
Single: $70,300
MFS: $54,700
Observation: With the reduction and elimination of many preference items, AMT will affect far fewer taxpayers
Always consult with your CPA and attorney as there are many ways to structure each of the strategies; this presentation is an overview
All Business Entities
Accounting for inventories $10M threshold increased to $25M (indexed for inflation)
UNICAP threshold of $10M increased to $25M (indexed for inflation)
No change and still required for all producers and manufacturers regardless of gross receipts
Accounting for long-term contracts $10M threshold for PCM is increased to $25M (indexed for inflation)
Interest limitation to 30% of adjusted taxable income
Only applies if gross receipts over $25M
Disallowed interest can be carried forward indefinitely
All Business Entities
Accounting for inventories $10M threshold increased to $25M (indexed for inflation)
UNICAP threshold of $10M increased to $25M (indexed for inflation)
No change and still required for all producers and manufacturers regardless of gross receipts
Accounting for long-term contracts $10M threshold for PCM is increased to $25M (indexed for inflation)
Interest limitation to 30% of adjusted taxable income
Only applies if gross receipts over $25M
Disallowed interest can be carried forward indefinitely
C-Corporations
Tax rate reduction for years beginning after 12/31/17
Flat rate of 21%
No special rate for personal service corporations
Elimination of AMT for years beginning after 12/31/17
Cash method of accounting now increased from $5M to $25M (indexed for inflation)
Pass-Through Tax Deduction
20% deduction of the lessor of:
Taxable income, or
Qualified business income (QBI), but not to exceed
50% of W-2 wages, or
25% of W-2 wages plus 2.5% of unadjusted basis of all qualified property
Not eligible for certain service businesses
Years between 2018-2025
Bonus Depreciation
Increased from 50% to 100% effective September 27, 2017
Includes new AND used
Phased out starting in 2023, sunsets after 2026
First tax year ending after 9/27/17, can elect 50% in lieu of 100%
DPAD is repealed
NOL deduction
Limited to 80% of taxable income
No carryback
Carry forward indefinitely
Like-kind exchanges
On real property only
Entertainment expenses
Self-created property
Affordable Care Act (ACA)
Individual shared responsibility requirement, or individual mandate penalty, repealed for months after Dec. 31, 2018 (permanent change). Fewer subsidies will be paid for lower-income individuals if fewer people are accessing insurance.
Not repealed: 3.8% NII tax, additional Medicare tax, medical device excise tax, health insurance provider fee, excise tax on high-dollar health plans.
Retirement
Special rule repealed allowing IRA contributions to one type of IRA (either traditional or Roth) to be recharacterized to the other type. Thus, recharacterization cannot be used to unwind a Roth conversion.
Rules for hardship distributions were modified.