The Internal Revenue Service issued final regulations and three related pieces of guidance, implementing the new qualified business income (QBI) deduction (section 199A deduction).
The new QBI deduction, created by the 2017 Tax Cuts and Jobs Act (TCJA) allows many owners of sole proprietorships, partnerships, S corporations, trusts, or estates to deduct up to 20 percent of their qualified business income. Eligible taxpayers can also deduct up to 20 percent of their qualified real estate investment trust (REIT) dividends and publicly traded partnership income.
The QBI deduction is available in tax years beginning after Dec. 31, 2017, meaning eligible taxpayers will be able to claim it for the first time on their 2018 Form 1040.
The guidance, released today includes:
A set of regulations, finalizing proposed regulations issued last summer, A new set of proposed regulations providing guidance on several aspects of the QBI deduction, including qualified REIT dividends received by regulated investment companies
A revenue procedure providing guidance on determining W-2 wages for QBI deduction purposes,
A notice on a proposed revenue procedure providing a safe harbor for certain real estate enterprises that may be treated as a trade or business for purposes of the QBI deduction
The proposed revenue procedure, included in Notice 2019-07, allows individuals and entities who own rental real estate directly or through a disregarded entity to treat a rental real estate enterprise as a trade or business for purposes of the QBI deduction if certain requirements are met. Taxpayers can rely on this safe harbor until a final revenue procedure is issued.
The QBI deduction is generally available to eligible taxpayers with 2018 taxable income at or below $315,000 for joint returns and $157,500 for other filers. Those with incomes above these levels, are still eligible for the deduction but are subject to limitations, such as the type of trade or business, the amount of W-2 wages paid in the trade or business and the unadjusted basis immediately after acquisition of qualified property. These limitations are fully described in the final regulations.
The QBI deduction is not available for wage income or for business income earned by a C corporation.
El Servicio de Impuestos Internos inició exitosamente hoy la temporada de presentación de impuestos de 2019, mientras la agencia comenzó a aceptar y procesar las declaraciones de impuestos federales para el año tributario 2018. A pesar de los cambios importantes en la ley de impuestos realizados por la Ley de Empleos y Reducción de Impuestos, el IRS pudo abrir esta temporada de presentación de impuestos un día más temprano que la temporada de impuestos del año anterior. Se espera que se presenten más de 150 millones de declaraciones de impuestos individuales para el año tributario 2018, y la gran mayoría de éstas se presentarán antes de la fecha límite de abril. Hasta el mediodía del lunes, el IRS ya había recibido varios millones de declaraciones de impuestos durante las horas de apertura.
La fecha límite para presentar las declaraciones de impuestos de 2018 es el lunes, 15 de abril de 2019 para la mayoría de los contribuyentes. Debido a la celebración del Día de los Patriotas el 15 de abril en Maine y Massachusetts y al Día de la Emancipación en el Distrito de Columbia, los contribuyentes que viven en Maine y en Massachusetts tienen hasta el 17 de abril de 2019 para presentar sus declaraciones.
El IRS también señala que los reembolsos, por ley, no pueden emitirse antes
del 15 de febrero para las declaraciones de impuestos que reclaman el Crédito
Tributario por Ingreso del Trabajo o el Crédito Tributario Adicional por Hijos.
Esto se aplica a todo el reembolso, incluso la parte no asociada con el EITC y
ACTC. Si bien el IRS procesará las declaraciones de EITC y ACTC cuando se
reciban, estos reembolsos no pueden emitirse el 15 de febrero. Al igual que el
año pasado, el IRS espera que los primeros reembolsos relacionados con
EITC/ACTC estén disponibles en las cuentas bancarias o en las tarjetas de
débito de los contribuyentes desde el 27 de febrero de 2019, si eligieron el
depósito directo y no hay otros problemas con la declaración de impuestos.
The Internal Revenue Service announced today that it is waiving the estimated tax penalty for many taxpayers whose 2018 federal income tax withholding and estimated tax payments fell short of their total tax liability for the year.
The IRS is generally waiving the penalty for any taxpayer who paid at least 85 percent of their total tax liability during the year through federal income tax withholding, quarterly estimated tax payments or a combination of the two. The usual percentage threshold is 90 percent to avoid a penalty.
The waiver computation announced today will be integrated into
commercially-available tax software and reflected in the forthcoming revision
of Form 2210 and instructions.
This relief is
designed to help taxpayers who were unable to properly adjust their withholding
and estimated tax payments to reflect an array of changes under the Tax Cuts
and Jobs Act (TCJA), the far-reaching tax reform law enacted in December 2017.
government shutdown, the Internal Revenue Service today confirmed that it will
process tax returns beginning January 28, 2019 and provide refunds to taxpayers
Congress directed the payment of all tax refunds through a permanent,
indefinite appropriation (31 U.S.C. 1324), and the IRS has consistently been of
the view that it has authority to pay refunds despite a lapse in annual
appropriations. Although in 2011 the Office of Management and Budget (OMB)
directed the IRS not to pay refunds during a lapse, OMB has reviewed the
relevant law at Treasury’s request and concluded that IRS may pay tax refunds
during a lapse.
The IRS will be recalling a significant portion of its workforce, currently furloughed as part of the government shutdown, to work. Additional details for the IRS filing season will be included in an updated FY2019 Lapsed Appropriations Contingency Plan to be released publicly in the coming days.
As in past years, the IRS will begin accepting and processing individual tax returns once the filing season begins. For taxpayers who usually file early in the year and have all of the needed documentation, there is no need to wait to file. They should file when they are ready to submit a complete and accurate tax return.
The filing deadline to submit 2018 tax returns is Monday, April 15, 2019 for most taxpayers. Because of the Patriots’ Day holiday on April 15 in Maine and Massachusetts and the Emancipation Day holiday on April 16 in the District of Columbia, taxpayers who live in Maine or Massachusetts have until April 17, 2019 to file their returns.
Tax professionals will be accepting and preparing tax returns before Jan. 28 and then will submit the returns when the IRS systems open later this month. The IRS strongly encourages people to file their tax returns electronically to minimize errors and for faster refunds.
The Internal Revenue Service is advising taxpayers that now is a good time to decide how to prepare and file their 2018 tax return. The IRS has updated its Get Ready page with steps to take now.
This is the eighth and final in a series of reminders designed to help taxpayers Get Ready for the upcoming tax filing season when tax reform changes will start affecting the returns most people file.
For taxpayers who filed paper returns in the past and are concerned about changes to popular tax forms, 2019 may be the year to e-file. Whether self-prepared, completed by a tax professional or with the help of a volunteer at a community tax help site, using tax software is convenient, safe and a secure way to prepare and e-file a tax return.
Paid tax return preparers include enrolled agents, certified public accountants, and attorneys, as well as others without a professional credential who provide outstanding and professional tax service. All paid tax preparers must have a Preparer Tax Identification Number, or PTIN. Paid preparers must sign the return and include their PTIN. The IRS offers tips to help taxpayers choose a tax return preparer wisely.
• The Choosing a Tax Professional page has information about tax preparer credentials and qualifications.
• The IRS Directory of Federal Tax Return Preparers with Credentials and Select Qualifications is a listing of preparers who have a professional credential or participate in the IRS Annual Filing Season Program.
The IRS urges taxpayers to avoid dishonest preparers. Common warning signs of an unscrupulous preparer include only taking cash payments, basing the fee on the size of the tax refund or not signing the tax return. A “ghost preparer” may include fake claims to get a larger refund but makes the return appear to be self-prepared. The IRS stresses that by signing the return, the taxpayer becomes legally responsible for its accuracy, no matter who prepared it.
Taxpayers using a software product for the first time may need their Adjusted Gross Income amount from their prior-year tax return to verify their identity. Taxpayers can learn more about how to verify their identity and electronically sign tax returns at Validating Your Electronically Filed Tax Return.
With the tax filing season quickly approaching, the Internal Revenue Service wants taxpayers to understand how long to keep tax returns and other documents.
The IRS generally recommends keeping copies of tax returns and supporting documents at least three years. Employment tax records should be kept at least four years after the date that the tax becomes due or paid, whichever is later. Tax records should be kept at least seven years if a return claims a loss from worthless securities or a bad debt deduction. Copies of previously-filed tax returns are helpful in preparing current-year tax returns and making computations if a return needs to be amended.
Tax records should be kept safe and secure regardless of whether they are stored on paper or kept electronically. Paper records should be kept in a secure location, preferably under lock and key, such as a secure desk drawer or a safe. Records retained electronically should be backed up electronically and encrypted when possible. The IRS also suggests scanning paper tax and financial records into a format that can be encrypted and stored securely on a flash drive, CD or DVD with photos or videos of valuables.
Disposing of records
Tax records contain sensitive data such as Social Security numbers, income amounts and bank account information. Tax documents not properly disposed of can land in the hands of criminals and lead to identity theft. Once past their useful date, records should be disposed of properly. Paper tax returns and supporting documents should be shredded before being discarded. Old computers, back-up drives and media contain sensitive data. Deleting stored tax files will not completely erase them. Using special wiping software ensures the removal of sensitive data.
Taxpayers still keeping old tax returns and receipts stuffed in a shoebox may want to rethink their approach. When records are no longer needed the data should be properly destroyed.
The Internal Revenue Service reminded employers and other businesses that Jan. 31 remains the filing deadline for wage statements and independent contractor forms. The Protecting Americans from Tax Hikes (PATH) Act of 2015 started a requirement for employers to file their copies of Form W-2, Wage and Tax Statement, and Form W-3, Transmittal of Wage and Tax Statements, with the Social Security Administration by Jan. 31.
Certain Forms 1099-MISC, Miscellaneous Income, filed with the IRS to report non-employee compensation to independent contractors are also due at this time. Such payments are reported in box 7 of this form.
The IRS can more efficiently verify income that individuals report on their tax returns because of the Jan. 31 deadline; this helps prevent fraud. File these forms correctly and timely to avoid penalties. IRS e-file is the quickest, most accurate and convenient way to file these forms.
Pointers to help filers prepare
Employers should verify employees’ information. This includes names, addresses, and Social Security or individual taxpayer identification numbers. They should also ensure their company’s account information is current and active with the Social Security Administration before January. If paper Forms W-2 are needed, they should be ordered early.
Automatic extensions of time to file Forms W-2 are not available.
After last year’s tax reform legislation, some S corporations may choose to revoke their S election to be a C corporation because of the new, flat 21-percent C corporation tax rate. Before taking any action, S corporations should consult their tax advisors.
S Corporations and C Corporations are among the types of business structures. A C corporation is taxed on its earnings, and then the shareholder is taxed when earnings are distributed as dividends. S corporations elect to pass corporate income, losses, deductions and credits through to their shareholders for federal tax purposes. Shareholders of S corporations report the pass-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. This allows S corporations to avoid double taxation on the corporate income. S corporations are responsible for tax on certain built-in gains and passive income at the entity level.
The Tax Cuts and Jobs Act includes two changes that affect a corporation’s revocation of an S election to be a C corporation:
The corporation should report net adjustments attributable to the revocation over six years.
Distributions of cash following the post-termination transition period may be treated as coming out of the corporation’s accumulated adjustments account and accumulated earnings and profits proportionally resulting in part of the distributions being non-dividend distributions from the C corporation. The non-dividend distributions may not be subject to tax at the shareholder level if the shareholder has sufficient stock basis.
These law changes only apply to a C corporation that:
Was an S corporation on December 21, 2017,
Revokes its S corporation election after December 21, 2017, but before December 22, 2019, and
Has the same owners of stock in identical proportions on the date of revocation and on December 22, 2017.
Like-kind exchange tax treatment is now generally limited to exchanges of real property. The Tax Cuts and Jobs Act, passed in December 2017, made tax law changes that will affect virtually every business and individual in 2018 and the years ahead.
Effective Jan. 1, 2018, exchanges of personal or intangible property such as machinery, equipment, vehicles, artwork, collectibles, patents, and other intellectual property generally do not qualify for nonrecognition of gain or loss as like-kind exchanges. However, certain exchanges of mutual ditch, reservoir or irrigation stock are still eligible.
Like-kind exchange treatment now applies only to exchanges of real property that is held for use in a trade or business or for investment. Real property, also called real estate, includes land and generally anything built on or attached to it. An exchange of real property held primarily for sale still does not qualify as a like-kind exchange.
A transition rule in the new law allows like-kind treatment for some exchanges of personal or intangible property. If the taxpayer disposed of the personal or intangible property on or before Dec. 31, 2017, or received replacement property on or before that date, the exchange may qualify for like-kind exchange treatment.
Properties are of like-kind if they’re of the same nature or character, even if they differ in grade or quality. Improved real property is generally of like-kind to unimproved real property. For example, an apartment building would generally be of like-kind to unimproved land. However, real property in the United States is not of like-kind to real property outside the U.S.
To report a like-kind exchange, taxpayers must file Form 8824, Like-Kind Exchanges, with their tax return for the year the taxpayer transfers property as part of a like-kind exchange. This form helps a taxpayer figure the amount of gain deferred as a result of the like-kind exchange, as well as the basis of the like-kind property received, if cash or property that isn’t of like kind is involved in the exchange. Form 8824 helps compute the amount of gain the taxpayer must report.
The Tax Cuts and Jobs Act (TCJA), passed in December 2017, made tax law changes that will affect virtually every business and individual in 2018 and the years ahead. Among those for business owners are tax rate changes for pass-through entities, changes to the cash accounting method for some, limits on certain deductions and more.
Section 179 expensing changes
A taxpayer may elect to expense all or part of the cost of any Section 179 property and deduct it in the year the property is placed in service. The new law increased the maximum deduction from $500,000 to $1 million. It also increased the phase-out threshold from $2 million to $2.5 million. These changes apply to property placed in service in taxable years beginning after Dec. 31, 2017. For most businesses, this means the 2018 return they file next year.
Section 179 property includes business equipment and machinery, office equipment, livestock and, if elected, qualified real property. The TCJA also modifies the definition of qualified real property to allow the taxpayer to elect to include certain improvements made to nonresidential real property. See New rules and limitations for depreciation and expensing under the Tax Cuts and Jobs Act for more information.
New 100 percent, first-year ‘bonus’ depreciation
The 100 percent depreciation deduction generally applies to depreciable business assets with a recovery period of 20 years or less and certain other property. Machinery, equipment, computers, appliances and furniture generally qualify. The law also allows expensing for certain film, television, and live theatrical productions, and used qualified property with certain restrictions.
The deduction applies to business property acquired after Sept. 27, 2017, and placed in service after Sept. 27, 2017, and before Jan. 1, 2023. In general, the bonus depreciation percentage is reduced for property placed in service after 2022.
Taxpayers may elect out of the additional first-year depreciation for the taxable year the property is placed in service. If the election is made, it applies to all qualified property that is in the same class of property and placed in service by the taxpayer in the same taxable year.