Posted by Evan Piccirillo, CPA
The most straightforward and significant change of the Tax Cuts and Jobs Act (TCJA) is the reduction in income tax rate to corporations and individuals. This is the “giveth” of the TCJA, and while there are many “taketh aways,” which we will discuss later on, all things being equal, most entities and people will consequently pay less tax.
Corporations pay a flat 21% tax on income, and this provision is permanent (meaning there is no language in the law that builds in an expiration of this provision). Prior to 2018, corporations would pay tax based on graduated rates as determined by their taxable income for the year (taking into account the dreaded alternative minimum tax (AMT)).
Here are the rates for 2017:
You may have noticed that this table contains a rate that is lower than 21%, namely the lowest bracket for corporations with taxable income of less than $50k. Those corporations will be paying more tax under the new regime. That aside, the 21% rate will result in a much lighter tax burden for most corporations. I stress here again that this is under an “all things being equal” scenario. There are other provisions of the TCJA (which we will address in future posts) that will add to these corporations’ tax burdens, given certain circumstances.
Fiscal year taxpayers (that is, corporations with year-ends other than 12/31) will pay tax on a blended rate. The blended rate is the sum of the ratios of the old tax rate for the number of days in 2017 and the new tax rate for the number of days in 2018. For example a June 30 year-end will have a blended rate of about 28%.
Also, the corporate AMT is eliminated! Certain AMT credits will be recoverable as well, which mean those benefits will not be lost.
Individuals will pay a 7-bracket, progressive tax. The rates for most of the brackets drops from 1-3% and most brackets will begin at a higher dollar amount of income as compared to prior years. This rate reduction will be in effect for only 8 years and then revert to the pre-2018 structure, so remember this “giveth” has an expiration date, unless our legislators decide to extend it. Prior to 2018, the tax methodology was similar, but at less favorable rates.
In spite of many of the itemized deductions that are suspended while these individual rate reductions are in effect (which we will discuss in later posts), many individual taxpayers will be pay less tax under this regime. It may vary on a case-by-case basis (as individual tax always does), but for the most part, this is a clear benefit to individuals.
The (kind of) bad news is that the individual AMT has not been eliminated in fact, but I do believe that it has been eliminated in effect. The thresholds and exemptions have been increased and the primary culprit in determining AMT applicability for most taxpayers (the itemized state tax deduction) is severely limited. It will be a very rare instance that AMT will apply.
The TCJA has many “giveths" and “takeths", but the rate reductions are a clear “giveth” on the corporate side and individual side alike. Don’t get too excited yet, because our legislators have found many, often very complex, ways to recover some of this lost tax revenue.
If you have any questions or would like to better understand this, reach out to your trusted advisor, or email me. Stay tuned for our next post, where we will explore a significant “taketh” provision!