Tax Cut and Job Act is now in effect and a lot of clients have questions about the Qualified Business Income (“QBI”) Deduction, so here is a high level summary:
If you have income from a pass-through entity (S Corporation, Partnerships) or sole proprietorship you may be entitled to a deduction equal to the lesser of the deductible amount of your QBI (generally 20% subject to the W-2 wage limitation) or 20% of your taxable income. You may also be able to deduct 20% of your qualified REIT dividends and qualified publicly traded partnership income. Special rules apply for these additional items. The deduction applies to reduce your taxable income and is available whether or not you itemize.
QBI is your net amount of qualified items of income, gain, deduction, and loss with respect to each of your “qualified trades or businesses.” Qualified items are items that are allowed in the determination of your taxable income for the tax year, and are effectively connected with the conduct of a trade or business within the United States or Puerto Rico.
Many items of income, gain, deduction, and loss are not qualified items. These items generally include:
In the case of a partnership or S corporation, your net amount of qualified items is the net amount your allocable share of each qualified item. QBI does not include any amount paid by a business to its owner that is treated as reasonable compensation, or any guaranteed payment by a partnership to a partner for services rendered with respect to the trade or business. Finally, the IRS may issue regulations providing that any amount paid by a partnership to a partner who is not acting in his or her capacity as a partner for services rendered to the partnership is not QBI. Note that the trade or business of being an employee is not a qualified trade or business and, therefore, no deduction is allowed for your income from the trade or business of being an employee.
If your net amount of QBI from all qualified trades or businesses during the tax year is a loss, it is carried forward as a loss from a qualified trade or business in the next tax year and reduces your deduction in a subsequent year (but not below zero) by 20% of any such carryover loss.
Taxable Income threshold:
A qualified trade or business is defined as any trade or business other than a specified service trade or business or the trade or business of being an employee. While no deduction is allowed for your income from the trade or business of being an employee, a deduction is allowed for your income from a specified service trade or business to the extent that your taxable income does not exceed the threshold amount. However, as your taxable income exceeds the threshold amount, your specified service trade or business income is partially or fully excluded from the deduction. The exclusion phases in based on the ratio of your table income in excess of the threshold amount to $100,000 (joint filers) and $50,000 (all other taxpayers). Thus, no deduction is allowed for your income from a specified service trade or business if your taxable income is more than $415,000 (joint filers) or $207,500 (all other taxpayers).
A specified service trade or business generally involves the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners, or which involves the performance of services that consist of investing and investment management, trading, or dealing in securities, partnership interests, or commodities.
If your taxable income exceeds the threshold amount, the deductible amount of your QBI is equal to the lesser of 20% of your QBI with respect to the trade or business or the W-2 wage limitation. As your taxable income exceeds the threshold above, the W-2 wage limitation phases in and you will reduce the excess amount of your deduction based on the ratio of your table income in excess of the threshold amount to $100,000 (joint filers) and $50,000 (all other taxpayers).
The W-2 wage limitation is equal to the greater of (1) 50% of the business's W-2 wages, or (2) the sum of (a) 25% of the business's W-2 wages, plus (b) 2.5% of the unadjusted basis (immediately after acquisition) of all qualified property.
In the case of a partnership or S corporation, you take into account your allocable share of W-2 wages and unadjusted basis (immediately after acquisition) of qualified property for the tax year.
W-2 wages are the total wages subject to wage withholding, elective deferrals, and deferred compensation paid by the qualified trade or business with respect to employment of its employees during the calendar year ending during the tax year of the taxpayer. W-2 wages do not include (1) any amount that is not properly allocable to the QBI as a qualified item of deduction, and (2) any amount that was not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions). Amounts paid to independent contractors are not W-2 wages.
Qualified property is tangible property of a character subject to depreciation (1) that is held by, and available for use in, the qualified trade or business at the end of the tax year, (2) that is used in the production of QBI, and (3) for which the depreciable period has not ended before the end of the tax year. The depreciable period with respect to qualified property is the period beginning on the date the property is first placed in service by the taxpayer and ending on the later of (1) the date 10 years after that date, or (2) the last day of the last full year in the applicable recovery period that applies to the property.
We can help you navigate through the QBI rules, if you are a Specified Service Business and if there are any tax planning opportunities.
Pease contact us at (630) 505 – 1081 or email@example.com with any questions or to review how this will affect your company.
BG Advisors CPA is a full service CPA firm committed to helping growing businesses reach their goals. Combining decades of diverse corporate, finance and tax experience allows us to bring world-class expertise to every client we serve.