RANT: Preparing/Planning/Guessing for the 2nd Trump Tax Plan

RANT: Preparing/Planning/Guessing for the 2nd Trump Tax Plan

Michael PlaksPro Member
Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes

Every time we're preparing for a new administration, there's plenty of tax-related noise. The new President is going to do this, do that, yada yada yada.

Unfortunately, a lot of financial and tax professionals join this nonsense and pollute our brains with never-ending "How to prepare for the incoming tax changes..." podcasts and posts. Prepare for what, excuse me?

Presidents do not change tax laws.

They can issue pardons and various executive orders, but changing tax laws can only be done by Congress.

It does not matter what tax laws Biden or Trump want and promise. It's up to Congress, not up to them.

But this time Trump has a trifecta!

True, Republicans in 2025 will control the White House and both chambers of Congress.

You can easily Google how the legislative process works or just trust my Cliff Note: having a simple majority usually does NOT assure that Congress passes any bill, including tax bills.

More so, bills are not necessarily voted by party lines. There's plenty of internal disagreements in each party, and taxes happen to be one of the areas of frequent clashes between legislators from the same party.

Why can't everyone in Congress just agree on more tax benefits?

Well, there is this pesky obstacle called budget. Tax breaks cost the government money, and somebody has to pay for them. When you need money for something, you have only 2 options.
A. Take it from somewhere else. Naturally, this makes some other people (read: voters) unhappy.
B. Borrow. In case you have not noticed, our national debt is already out of control, and there're legal limits on additional borrowing.

The government has a third option: print more money. They do. The result is an even deeper inflation than what we already suffer from.

The other reason tax bills get stalled in Congress is that most bills combine multiple unrelated measures, usually serving various special interests. The fighting over them is endless. As in - we will not vote for your bill unless you include our other thing there. Argh.

Campaign promises vs reality.


Shall we look at prior campaigns vs what was actually implemented?

Some parts of Trump 2016 tax plan.
- Plan: 3 tax brackets. Reality: still 7.
- Plan: reduce corporate tax rate to 15%. Reality: 21%.
- Plan: apply this rate to pass-through and self-employment business income. Reality: 20% QBI deduction.
- Plan: eliminate AMT - Alternative Minimum Tax. Reality: still here, only a temporary increase in the exemption.
- Plan: eliminate NIIT - Net Investment Income Tax. Reality: nope.
- Plan: eliminate estate tax. Reality: still here, only a temporary increase in the exemption.
- Plan: postcard-size tax returns. Reality: LOL.

You can do a similar comparison for the Biden 2020 tax plan yourself.

Worth noting: both Trump and Biden had the benefit of their respective parties' majority in both chambers of Congress during the early years of their presidencies.

Planning for uncertainty...


...is a thankless job. We don't know whether a presidential idea will be implemented at all. We don't know what parts will survive the battles in Congress. We don't know when. We don't know if the new regime will be retroactive.

In short, we don't know anything. But boy, do we love recording podcasts and writing articles and sounding smart.

So, Trump is going to restore 100% bonus depreciation, y'all say? Sure, I'm all for it!
Assuming it does happen, despite all the obstacles that I mentioned earlier, could you please clarify a few details for me?
- Will it be from the day of that new law forward or for the entire 2025?
- Will it apply to 2024 as well?
- Will it also rectify 80% from 2023?
- Will we have to amend old tax returns or do it as a current year catch-up?

Unless you give me these answers, I cannot tell you whether it's better to place your property in service in December of 2024 or in January of 2025. I can only GUESS. Wanna pay me for guessing?

Nothing wrong with guessing. But let's not confuse guessing/hoping with planning, OK?

Just ask Dallas folks. They have been "planning" for their next Super Bowl parade since 1995.

PS. For a bird's eye view of end-of-year tax planning, read this old post:
https://www.biggerpockets.com/forums/51/topics/1007488-debun...

11Reply
57 views

Most Popular Reply

Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
1y
Quote from @Michael Plaks:

Every time we're preparing for a new administration, there's plenty of tax-related noise. The new President is going to do this, do that, yada yada yada.

Unfortunately, a lot of financial and tax professionals join this nonsense and pollute our brains with never-ending "How to prepare for the incoming tax changes..." podcasts and posts. Prepare for what, excuse me?

Presidents do not change tax laws.

They can issue pardons and various executive orders, but changing tax laws can only be done by Congress.

It does not matter what tax laws Biden or Trump want and promise. It's up to Congress, not up to them.

But this time Trump has a trifecta!

True, Republicans in 2025 will control the White House and both chambers of Congress.

You can easily Google how the legislative process works or just trust my Cliff Note: having a simple majority usually does NOT assure that Congress passes any bill, including tax bills.

More so, bills are not necessarily voted by party lines. There's plenty of internal disagreements in each party, and taxes happen to be one of the areas of frequent clashes between legislators from the same party.

Why can't everyone in Congress just agree on more tax benefits?

Well, there is this pesky obstacle called budget. Tax breaks cost the government money, and somebody has to pay for them. When you need money for something, you have only 2 options.
A. Take it from somewhere else. Naturally, this makes some other people (read: voters) unhappy.
B. Borrow. In case you have not noticed, our national debt is already out of control, and there're legal limits on additional borrowing.

The government has a third option: print more money. They do. The result is an even deeper inflation than what we already suffer from.

The other reason tax bills get stalled in Congress is that most bills combine multiple unrelated measures, usually serving various special interests. The fighting over them is endless. As in - we will not vote for your bill unless you include our other thing there. Argh.

Campaign promises vs reality.


Shall we look at prior campaigns vs what was actually implemented?

Some parts of Trump 2016 tax plan.
- Plan: 3 tax brackets. Reality: still 7.
- Plan: reduce corporate tax rate to 15%. Reality: 21%.
- Plan: apply this rate to pass-through and self-employment business income. Reality: 20% QBI deduction.
- Plan: eliminate AMT - Alternative Minimum Tax. Reality: still here, only a temporary increase in the exemption.
- Plan: eliminate NIIT - Net Investment Income Tax. Reality: nope.
- Plan: eliminate estate tax. Reality: still here, only a temporary increase in the exemption.
- Plan: postcard-size tax returns. Reality: LOL.

You can do a similar comparison for the Biden 2020 tax plan yourself.

Worth noting: both Trump and Biden had the benefit of their respective parties' majority in both chambers of Congress during the early years of their presidencies.

Planning for uncertainty...


...is a thankless job. We don't know whether a presidential idea will be implemented at all. We don't know what parts will survive the battles in Congress. We don't know when. We don't know if the new regime will be retroactive.

In short, we don't know anything. But boy, do we love recording podcasts and writing articles and sounding smart.

So, Trump is going to restore 100% bonus depreciation, y'all say? Sure, I'm all for it!
Assuming it does happen, despite all the obstacles that I mentioned earlier, could you please clarify a few details for me?
- Will it be from the day of that new law forward or for the entire 2025?
- Will it apply to 2024 as well?
- Will it also rectify 80% from 2023?
- Will we have to amend old tax returns or do it as a current year catch-up?

Unless you give me these answers, I cannot tell you whether it's better to place your property in service in December of 2024 or in January of 2025. I can only GUESS. Wanna pay me for guessing?

Nothing wrong with guessing. But let's not confuse guessing/hoping with planning, OK?

Just ask Dallas folks. They have been "planning" for their next Super Bowl parade since 1995.

PS. For a bird's eye view of end-of-year tax planning, read this old post:
https://www.biggerpockets.com/forums/51/topics/1007488-debun...


 Great post, I already here people making major changes to their strategy based on the incoming administration as it relates to not only taxes but other proposals either discussed or used as scare tactics. As you mention - reality is "we all do not know". 

7e investments53 Reviews
See this reply in the discussion

13 Replies

Jump to latestLatest
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1y
    Quote from @Michael Plaks:

    Every time we're preparing for a new administration, there's plenty of tax-related noise. The new President is going to do this, do that, yada yada yada.

    Unfortunately, a lot of financial and tax professionals join this nonsense and pollute our brains with never-ending "How to prepare for the incoming tax changes..." podcasts and posts. Prepare for what, excuse me?

    Presidents do not change tax laws.

    They can issue pardons and various executive orders, but changing tax laws can only be done by Congress.

    It does not matter what tax laws Biden or Trump want and promise. It's up to Congress, not up to them.

    But this time Trump has a trifecta!

    True, Republicans in 2025 will control the White House and both chambers of Congress.

    You can easily Google how the legislative process works or just trust my Cliff Note: having a simple majority usually does NOT assure that Congress passes any bill, including tax bills.

    More so, bills are not necessarily voted by party lines. There's plenty of internal disagreements in each party, and taxes happen to be one of the areas of frequent clashes between legislators from the same party.

    Why can't everyone in Congress just agree on more tax benefits?

    Well, there is this pesky obstacle called budget. Tax breaks cost the government money, and somebody has to pay for them. When you need money for something, you have only 2 options.
    A. Take it from somewhere else. Naturally, this makes some other people (read: voters) unhappy.
    B. Borrow. In case you have not noticed, our national debt is already out of control, and there're legal limits on additional borrowing.

    The government has a third option: print more money. They do. The result is an even deeper inflation than what we already suffer from.

    The other reason tax bills get stalled in Congress is that most bills combine multiple unrelated measures, usually serving various special interests. The fighting over them is endless. As in - we will not vote for your bill unless you include our other thing there. Argh.

    Campaign promises vs reality.


    Shall we look at prior campaigns vs what was actually implemented?

    Some parts of Trump 2016 tax plan.
    - Plan: 3 tax brackets. Reality: still 7.
    - Plan: reduce corporate tax rate to 15%. Reality: 21%.
    - Plan: apply this rate to pass-through and self-employment business income. Reality: 20% QBI deduction.
    - Plan: eliminate AMT - Alternative Minimum Tax. Reality: still here, only a temporary increase in the exemption.
    - Plan: eliminate NIIT - Net Investment Income Tax. Reality: nope.
    - Plan: eliminate estate tax. Reality: still here, only a temporary increase in the exemption.
    - Plan: postcard-size tax returns. Reality: LOL.

    You can do a similar comparison for the Biden 2020 tax plan yourself.

    Worth noting: both Trump and Biden had the benefit of their respective parties' majority in both chambers of Congress during the early years of their presidencies.

    Planning for uncertainty...


    ...is a thankless job. We don't know whether a presidential idea will be implemented at all. We don't know what parts will survive the battles in Congress. We don't know when. We don't know if the new regime will be retroactive.

    In short, we don't know anything. But boy, do we love recording podcasts and writing articles and sounding smart.

    So, Trump is going to restore 100% bonus depreciation, y'all say? Sure, I'm all for it!
    Assuming it does happen, despite all the obstacles that I mentioned earlier, could you please clarify a few details for me?
    - Will it be from the day of that new law forward or for the entire 2025?
    - Will it apply to 2024 as well?
    - Will it also rectify 80% from 2023?
    - Will we have to amend old tax returns or do it as a current year catch-up?

    Unless you give me these answers, I cannot tell you whether it's better to place your property in service in December of 2024 or in January of 2025. I can only GUESS. Wanna pay me for guessing?

    Nothing wrong with guessing. But let's not confuse guessing/hoping with planning, OK?

    Just ask Dallas folks. They have been "planning" for their next Super Bowl parade since 1995.

    PS. For a bird's eye view of end-of-year tax planning, read this old post:
    https://www.biggerpockets.com/forums/51/topics/1007488-debun...


     Great post, I already here people making major changes to their strategy based on the incoming administration as it relates to not only taxes but other proposals either discussed or used as scare tactics. As you mention - reality is "we all do not know". 

    7e investments53 Reviews
  • Sean GrahamBusiness Member
    Investor , CPA · Detroit, MI · Member since 2016 · 582 posts · 248 votes
    1y
    Quote from @Michael Plaks:

    Every time we're preparing for a new administration, there's plenty of tax-related noise. The new President is going to do this, do that, yada yada yada.

    Unfortunately, a lot of financial and tax professionals join this nonsense and pollute our brains with never-ending "How to prepare for the incoming tax changes..." podcasts and posts. Prepare for what, excuse me?

    Presidents do not change tax laws.

    They can issue pardons and various executive orders, but changing tax laws can only be done by Congress.

    It does not matter what tax laws Biden or Trump want and promise. It's up to Congress, not up to them.

    But this time Trump has a trifecta!

    True, Republicans in 2025 will control the White House and both chambers of Congress.

    You can easily Google how the legislative process works or just trust my Cliff Note: having a simple majority usually does NOT assure that Congress passes any bill, including tax bills.

    More so, bills are not necessarily voted by party lines. There's plenty of internal disagreements in each party, and taxes happen to be one of the areas of frequent clashes between legislators from the same party.

    Why can't everyone in Congress just agree on more tax benefits?

    Well, there is this pesky obstacle called budget. Tax breaks cost the government money, and somebody has to pay for them. When you need money for something, you have only 2 options.
    A. Take it from somewhere else. Naturally, this makes some other people (read: voters) unhappy.
    B. Borrow. In case you have not noticed, our national debt is already out of control, and there're legal limits on additional borrowing.

    The government has a third option: print more money. They do. The result is an even deeper inflation than what we already suffer from.

    The other reason tax bills get stalled in Congress is that most bills combine multiple unrelated measures, usually serving various special interests. The fighting over them is endless. As in - we will not vote for your bill unless you include our other thing there. Argh.

    Campaign promises vs reality.


    Shall we look at prior campaigns vs what was actually implemented?

    Some parts of Trump 2016 tax plan.
    - Plan: 3 tax brackets. Reality: still 7.
    - Plan: reduce corporate tax rate to 15%. Reality: 21%.
    - Plan: apply this rate to pass-through and self-employment business income. Reality: 20% QBI deduction.
    - Plan: eliminate AMT - Alternative Minimum Tax. Reality: still here, only a temporary increase in the exemption.
    - Plan: eliminate NIIT - Net Investment Income Tax. Reality: nope.
    - Plan: eliminate estate tax. Reality: still here, only a temporary increase in the exemption.
    - Plan: postcard-size tax returns. Reality: LOL.

    You can do a similar comparison for the Biden 2020 tax plan yourself.

    Worth noting: both Trump and Biden had the benefit of their respective parties' majority in both chambers of Congress during the early years of their presidencies.

    Planning for uncertainty...


    ...is a thankless job. We don't know whether a presidential idea will be implemented at all. We don't know what parts will survive the battles in Congress. We don't know when. We don't know if the new regime will be retroactive.

    In short, we don't know anything. But boy, do we love recording podcasts and writing articles and sounding smart.

    So, Trump is going to restore 100% bonus depreciation, y'all say? Sure, I'm all for it!
    Assuming it does happen, despite all the obstacles that I mentioned earlier, could you please clarify a few details for me?
    - Will it be from the day of that new law forward or for the entire 2025?
    - Will it apply to 2024 as well?
    - Will it also rectify 80% from 2023?
    - Will we have to amend old tax returns or do it as a current year catch-up?

    Unless you give me these answers, I cannot tell you whether it's better to place your property in service in December of 2024 or in January of 2025. I can only GUESS. Wanna pay me for guessing?

    Nothing wrong with guessing. But let's not confuse guessing/hoping with planning, OK?

    Just ask Dallas folks. They have been "planning" for their next Super Bowl parade since 1995.

    PS. For a bird's eye view of end-of-year tax planning, read this old post:
    https://www.biggerpockets.com/forums/51/topics/1007488-debun...

    2025 will be an interesting year

    Maven Cost Segregation Tax Advisors555 Reviews
  • Bernard ReiszPro Member
    CPA delivering RE Tax Tools: 1031 Exchange, SDIRA, 401(k), Cost Seg · New York City, NY · Member since 2017 · 581 posts · 563 votes
    1y

    @Michael Plaks When there's uncertainty, there's an element of human nature that loves to be provided with certitude. We seem to have a strong (but faulty) bent towards following prognosticators, for better or for worse. 

  • Member since 2024 · 238 posts · 132 votes
    1y

    That is sort of the social studies class answer. Actually, it is the President who drives tax policy. there has never been a major tax bill that was not initiated and supported by the President that I can recall. Yes, legislation is passed by Congress.

    Trump got significant tax reductions in his first term when essentially all demorats proposed tax increases.

    Of course, we don't want guess work, but we also don't want to ignore the direction that the tax policy will be headed. And, with Trump we know that policy is lower taxes and a more favorable climate for business.

  • V.G JasonPro Member
    Investor · Member since 2022 · 3k+ posts · 3k+ votes
    1y

    How to set up in 2025 is incredibly difficult. Best to err cautiously and not really anticipate changes until they are material. I know the market likes to front run.

    The trump trade to some is definitive trade on some form of hyperinflation, and a consumer discretionary increase via reduced taxes, yet higher costs. The reality is we'll likely face the hardships of a (significant) decrease in spending and overall policy will be prohibitive at first.

    Feel like things will go 2 step backwards, 1 step forward. We will have a light recession + higher inflation, but not hyperinflation and this euphoria we've faced in the last 4 weeks.

    However, the other option would've definitely increased the risks of stagflation. Of the two policies, I believe the former is superior but just the anticipation and expectations are a bit much. Obviously, this is just my own analysis but the new administration anticipation is the flavor of the year.

    I'm still yet to be fully sold that we're healthy as a country and that 100% of what we're being told will happen-- I'm betting less than 50%. I do believe we are superior though, just the market and economy are definitely wider than what's advertised. 

  • Benjamin WeinhartBusiness Member
    Accountant · Cincinnati OH 45245, USA · Member since 2022 · 112 posts · 112 votes
    1y

    I personally think that a lot more happens on the tariff side of things than actual income tax law. I could likely see many things from the TCJA being made permanent, mostly procedural items like the higher standard deduction and child tax credit (Plus eliminating exemptions). I think we may see a return of bonus depreciation, but I doubt that it'd come without a cap of $1-2m, and a repeal of Sec. 179. I could also see 15% corp tax and the whole no tax on tips thing. I'd be surprised if there was anything substantially more than this that took place, and I'd be shocked if it caused anything to change for 2025, only 2026 onwards (for major things that is).

    Ice Accounting & CPA, LLC55 Reviews
    View Page
  • Michael PlaksPro Member
    OP
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    1y
    Quote from @Benjamin Weinhart:

    I personally think that a lot more happens on the tariff side of things than actual income tax law. I could likely see many things from the TCJA being made permanent, mostly procedural items like the higher standard deduction and child tax credit (Plus eliminating exemptions). I think we may see a return of bonus depreciation, but I doubt that it'd come without a cap of $1-2m, and a repeal of Sec. 179. I could also see 15% corp tax and the whole no tax on tips thing. I'd be surprised if there was anything substantially more than this that took place, and I'd be shocked if it caused anything to change for 2025, only 2026 onwards (for major things that is).

    Which is exactly what I call guessing  ;)
  • Yonah WeissPro Member
    Cost Segregation Expert and Investor · Lakewood, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    1y

    Great post as usual. As always, we shall wait and see!

  • Financial Advisor · FL · Member since 2024 · 441 posts · 99 votes
    1y

    One thing we, as humans, are consistently bad at is predicting the future - especially when it comes to political and economic shifts. That being said, we might see continued focus on business-friendly policies, particularly in sectors like real estate and construction.There’s been discussion in the past about indexing capital gains taxes to inflation or lowering capital gains tax rates further. Opportunity Zones 2.0? Focus on cash flow, leverage financing smartly, and structure your deals to remain flexible under varying tax conditions. For those looking to scale their portfolios, now might also be an excellent time to secure funding. History shows that opportunity often thrives in times of change.

    Best regards, Stevan





  • Real Estate Broker · Coppell, TX · Member since 2011 · 5k+ posts · 4k+ votes
    1y

    and I'm still sitting here trying to figure out how I can classify all my income as tips.

  • Member since 2024 · 238 posts · 132 votes
    1y
    I think we will see an extension of the unified estate/gift tax credit set to expire 12/31/2025.
  • Member since 2024 · 238 posts · 132 votes
    1y
    Quote from @Bruce Lynn:

    and I'm still sitting here trying to figure out how I can classify all my income as tips.

    Commission on $1,000,000 sale @ .1% = $1,000.00
    Suggested Tip                                        = $59,000.00

  • Michael PlaksPro Member
    OP
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    1y

    Apology to the angry Cowboys fans for my typo. True, your last SB was 1996, not 1995. In my defense, it was so long ago, it's hard to remember. ;)

Join the conversationCreate a free account to reply, vote on answers and follow this thread.