Tax Changes Ahead
By: Tax Hotline
Summer 2024 (Vol. 42, No. 2)
If Congress doesn’t step in to extend, we are creeping closer to some major tax provisions expiring after 2025. Many of the tax breaks we have enjoyed from the 2017 Tax Cut and Jobs Act (TCJA) were temporary.
The individual income tax rates of 10%, 12%, 22%, 24%, 32%, 35% and 37% will return to 10%, 15%, 25%, 28%, 33%, 35% and 39.6%, and the accompanying income-level break points will change.
Currently, the standard deduction for taxpayers under age 65 is $14,600 for single filers and $29,200 for married filing jointly. Beginning January 1, 2026, this would decline to $8,300 for singles and $16,600 for married.
The current Child Tax Credit is $2,000. It is set to return to $1000 in 2026.
Taxpayers currently have a lifetime gift and estate tax exclusion of $13,610,000. On January 1, 2026, that number resets back to $5,000 ($7,000 indexed for inflation).
The TCJA increased the amount that can be deducted for charitable gifts to 60% of AGI, this will revert back to 50% in 2026.
The TCJA increased exemption amounts as well as the exemption phase-out threshold, lessening the AMT burden on taxpayers. In 2026, the AMT exemption will revert to pre-TCJA levels.
Loss of Qualified business income (QBI) 20% deduction (Sec. 199A). Owners of pass-through businesses, such as partnerships and S corporations, as well as sole proprietorships, may currently claim a deduction of up to 20% of QBI. Beginning in 2026, the Sec. 199A QBI deduction will no longer be available.
Currently, bonus depreciation on qualified property Sec. 168(k) allows an additional first-year depreciation deduction equal to an applicable percentage of the cost basis of qualified property placed in service during the year. The TCJA changed the applicable percentages and qualifying property. Used property currently qualifies for bonus depreciation, except for property purchased from related parties.
This was a major change for businesses, because, prior to the TCJA, only new property qualified for the additional first-year depreciation deduction. Starting with property purchased after Sept. 27, 2017, through 2022, taxpayers were allowed to take a 100% bonus depreciation deduction on qualified property (e.g., equipment, autos, furniture, and fixtures). In tax years starting in 2023 through 2026 the allowable percentage scales down until the provision sunsets.
2025 is also the last year for two tax breaks not in the 2017 law: The expansion of the Obamacare health premium credit to more individuals who buy insurance through a marketplace. Also most student loan debt forgiven from 2021 through 2025 is exempt from federal income tax, which is an exception to the general rule that income from the cancellation of indebtedness is taxable.
On a positive note for some, 2026 will bring back the personal exemption at $5,300 per individual and dependent child. The $10,000 cap on deducting state and local taxes on Schedule A of the 1040 will be eliminated which is a plus for folks paying high property tax and/or state income tax.
The current cap to deduct interest on up to $750,000 of home mortgage debt will reset back to $1,000,000.
The current restriction on miscellaneous itemized deductions to only be claimed if they exceed 2% of your AGI will be eliminated. This includes unreimbursed employee expenses (travel, meals, education, etc.), brokerage and IRA fees, hobby expenses, and tax return preparation fees.
Under TCJA, you cannot deduct theft losses and can only deduct casualty losses that result from a federally declared disaster. This expires on December 31, 2026.
Q: Is there an energy credit for new home builders?
A: Under the Inflation Reduction Act, construction contractors who build or rehab energy-efficient homes may be eligible for a federal tax credit of up to $5,000 per project. To claim the credit, builders are required to construct or substantially rehab a qualified home and own it during the construction process.
To be qualified, a home must be a U.S. single- family dwelling that’s purchased or rented for use as a residence. It also must be certified to meet energy-saving requirements before it’s sold or leased. The credit value is based on whether the contractor acquired the home before or after 2023, and the certification and standards the home meets following construction.