THE Thread on the Final GOP Tax Bill - Q&A

THE Thread on the Final GOP Tax Bill - Q&A

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

Happy Holidays! As of today, the House and Senate have sent the GOP Tax Plan to the President to sign into law. 

I've seen numerous threads popping up about the GOP Tax Bill. I wanted to start a thread to consolidate questions and basically provide a user guide (via the Q&A) for years to come. 

I invite all tax pros on BP to contribute to this thread. It will be neat to see discussion on the tax bill itself, but also loopholes and strategies that develop once the massive bill has been digested. 

Link to the bill.

Key highlights from the bill: 

1. Mortgage interest deduction allowed on up to $750k of new acquisition debt starting Jan. 1, 2018. (Does not apply to rentals)

2. Interest paid on home equity loans that are not "acquisition debt" is not deductible. (Debt tracing rules will apply - if you use a HELOC to buy rentals, you can still deduct the interest).

3. State and Local Taxes (SALT) are limited to an aggregate $10,000.

4. A "freebie" deduction will be available beginning in 2018 for "combined qualified business income." Calculating the deduction can be complicated. Per our current understanding, you cannot use the deduction for activities generating passive losses. This includes sole props, meaning you do not need to utilize an entity (LLC/S-Corp) to qualify for the deduction as far as we can tell.

5. C-Corp tax rate reduced to 21%. 

6. AMT still exists but the exclusion is higher.

7. Bonus depreciation is now 100% for assets with a useful life of less than 20 years.

8. 529 plan funds can now be used to pay for public, private, and religious elementary and secondary education.

9. Penalty from Obamacare individual mandate has been eliminated.

10. Rehabilitation tax credit reduced in scope.

11. Domestic Production Activity Credit (DPAD) eliminated. 

12. Standard deduction increased, personal exemptions eliminated. 

What did not change:

1. Section 121 Exclusion - aka Capital Gain Exclusion on primary residence

2. Depreciation schedules. (Except for commercial properties on ADS). 

Ask away!

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Most Popular Reply

Brie SchmidtBusiness Member
Moderator
Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
8y

I am so glad for BP and people smarter than me!

See this reply in the discussion

272 Replies

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  • Rental Property Investor · Los Angeles, CA · Member since 2016 · 67 posts · 35 votes
    8y
    How much did the standard deductions increase? Is there a chart we can look at?
  • Flipper/Rehabber · Loveland, OH · Member since 2017 · 2 posts · 5 votes
    8y

    So Something on NPR just a few minutes ago, here in Cincy, said something about taxes and holding property for investment time required had changed? I'm just starting out here and this is my initial "slow flip" which I thought I had to hold for one year (per HUD) but do I now need to hold it for 2 to avoid higher taxes on the ROI?

    Jen S

  • CPA · New York, NY · Member since 2016 · 203 posts · 132 votes
    8y

    @Hernell D. The standard deduction increased to 24k for married filing joint and 12k for single filers. 

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

    @Hernell D. $24k for MFJ -- $18k for HOH -- $12k for everyone else. 

  • Rental Property Investor · Los Angeles, CA · Member since 2016 · 67 posts · 35 votes
    8y
    Brandon Hall thank you! What do you think the biggest change for real estate investors will be?
  • Rental Property Investor · Los Angeles, CA · Member since 2016 · 67 posts · 35 votes
    8y
    @Taylorbrugna Thank you!
  • CPA · Raleigh, NC · Member since 2013 · 1k+ posts · 2k+ votes
    8y

    @Jen Siegrist they may have been referencing the Sec 121 exclusion, but there was no change there. 

    @Hernell D. Item #4 in my list - the "freebie" deduction. Basically, if you have net rental income (or flip/wholesale/etc income) after all deductions, including depreciation and amortization, you will (most likely) have a 20% deduction on the net income or a 2.5% deduction on the asset basis. 

  • Daniel HymanBusiness Member
    CPA · Milwaukee, WI · Member since 2016 · 2k+ posts · 1k+ votes
    8y

    Thanks for starting this @Brandon Hall!

    This comparison chart from Bloomberg might be helpful for some. 

    My Online Accountant572 Reviews
  • Attorney · Claremore, OK · Member since 2013 · 125 posts · 61 votes
    8y

    On #2 above states interest on Heloc for rental is deductible.  What if the Heloc is on your primary residence and using proceeds to purchase rental house?  If you have a Heloc with nothing borrowed on it in 2017 is there an incentive to draw on it now with the anticipation you will want to use the cash in a few months to purchase a rental?

  • Honolulu, HI · Member since 2017 · 231 posts · 191 votes
    8y

    @Brandon Hall

    I was just thinking about starting a thread like this.  Glad someone legit stepped in to make it happen.  

    Does the ~20% pass-through entity deduction apply to sole props?

    Thanks!

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    8y

    @Brandon Hall,

    I think it overall is a fairly good bill. I do have some issues with the SALT change; however, many of the other items are great. 

    Fewer people are going to be subject to AMT due to the SALT change.

    I see some significant upside for some C-corporations.  

    DPAD wasn't so much eliminated as I'd like to look at it as expanded to all businesses through the 20% deduction. Everyone comes out ahead in that one.

    There are some changes to business interest deductions that I found interesting.

  • CPA · New York, NY · Member since 2016 · 203 posts · 132 votes
    8y

    @Todd Willhoite It won't matter when you draw on the HELOC, what matters is what the funds are used for. If you are using the funds to buy rental properties, the interest will be "traced" to the rental property and it will always be deductible.

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

    @Kiley N. yes the 20% deduction is available to sole prop income (Sch C and E).

  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    8y

    @Mindy Jensen think we can/should sticky this for a week or two?

  • Yonah WeissPro Member
    Cost Segregation Expert and Investor · Lakewood, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    8y

    @Brandon Hall very concise and complete, as usual.

    @Daniel Hyman thanks for the resourceful link as well.

    With regards to 1031 like-kind exchanges, they had proposed focusing more on 'real property', 1250, as opposed to 1245 personal property. Any change on that?

  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    8y

    I am so glad for BP and people smarter than me!

  • Scott JensenPro Member
    Financial Advisor · Blaine, MN · Member since 2014 · 478 posts · 387 votes
    8y

    @Yonah Weiss I believe 1031 Exchanges apply to Real Property only under the new legislation.

    Michael Kitces has a good recap and analysis on his blog (aimed more toward financial planners).   https://www.kitces.com/blog/final-gop-tax-plan-summary-tcja-2017-individual-tax-brackets-pass-through-strategies/

  • Easton, PA · Member since 2013 · 42 posts · 14 votes
    8y

    What I cannot seem to find is whether the other normal costs of rental properties are still deductible? (I was worried about taxes being lumped with the 10,000 cap but see they are not for rental properties.) Are Repair and Maintenance, replacing appliances, carpeting, etc. still itemizable or is the 20% deduction supposed to cover these write offs? Also couldn't find anything on depreciation.

  • Investor · Durham, NC · Member since 2015 · 4 posts · 0 votes
    8y

    Mmmm....

  • Investor · Carbondale, IL · Member since 2009 · 95 posts · 31 votes
    8y

    So, am I correct that, if we already itemize and are over the standard deduction, we don't gain anything, just lose the personal exemptions. So our taxes may possibly increase.

  • Accountant · Long Island, NY · Member since 2016 · 39 posts · 45 votes
    8y

    @Jocelyn Canfield

    The 20% pass-through deduction shouldn't prevent you from writing off normal business expenses such repairs and maintenance and depreciation. 

  • Rod HanksBusiness Member
    Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
    8y
    The Texas Association of Realtors came out against the mortgage interest deduction and encouraged us to write to our representatives to oppose it. After reading the following example I can see why. If I understand the change correctly mortgage interest is not deductible on your 3rd homestead. Is that correct? and do you think that will adversely affect home sales? Mortgage Interest Deduction Individual tax provision Current Law Deductible mortgage interest is capped at loans of $1 million. Tax Proposal It would limit deductible mortgage interest for newly purchased first or second homes to loans of $750,000 or less, starting in 2018.
    Rod Hanks Insurance4.9155 Reviews
  • Investor · Salt Lake City, UT · Member since 2016 · 287 posts · 270 votes
    8y
    Brandon Hall so would a C-Corp be the best option for a Fix and Flip business? Or some other entity?
  • Beaver Falls, PA · Member since 2017 · 22 posts · 10 votes
    8y

    I was hoping to see some of my bigger pockets people discussing this as a newbie, the news reports had so much jargon I didn't really understand, but through this post I've gained a better understanding. 

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

    @Yonah Weiss as @Scott Jensen mentioned, it appears to be limited to real property.

    @Bill Exeter or @Dave Foster?

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