Another anti-REI trap in the tax reform, Senate version

Another anti-REI trap in the tax reform, Senate version

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

My favorite tax analyst, Toni Nitti of Forbes, posted this troubling article. Here is the short version:

The Senate version limits the 23% deduction afforded to pass-through entities to the 50% of the wages paid by the business. For passive investors with high cash flow, this means NO deduction in most cases. 

Basically, if the Senate version passes, landlords with positive net income will not have any break - in contrast to the tax rate reduction offered in the House version.

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Lance LvovskyPro Member
Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
8y

@Brandon Hall That was my understanding as well. Toni does say this in his article:

[Two notes on this deduction: the wage limitation does not apply if the business owner's income is less than $250,000 (if single, $500,000 if married).

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  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    8y

    @Michael Plaks my understanding was that the wage limitation applies only if net income exceeds $250k if single and $500k if MFJ. 

  • Lance LvovskyPro Member
    Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
    8y

    @Brandon Hall That was my understanding as well. Toni does say this in his article:

    [Two notes on this deduction: the wage limitation does not apply if the business owner's income is less than $250,000 (if single, $500,000 if married).

  • Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    8y
    Are schedules c and e “pass through” entities? I thought that referred to s corps or some such.
  • Michael PlaksPro Member
    OP
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    8y

    @Lance Lvovsky @Brandon Hall

    Are you guys suggesting that there're investors on BP who make less than $250k? C'mon now!  :)

    Yes, you're correct, thanks for bringing it up. Still, a significant number of my clients would be affected.

    I wonder about the mechanism to enforce such rule. Revised K-1s will have to show the total amount of salaries paid by the business, apparently? 

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