2018 Tax Law Changes

For 2018, the contribution limit for traditional IRAs and Roth IRAs is unchanged at $5,500, or $6,500 for those age 50 or older.

The deduction limit for 2018 contributions to a traditional IRA is phased out for active plan participants with modified AGI (MAGI) between $63,000 and $73,000 for a single person or head of household, or between $101,000 and $121,000 for married persons filing jointly and qualifying widows/widowers.

The phaseout range is MAGI between $189,000 and $199,000 for a spouse who is not an active plan participant and who files jointly with a spouse who is an active plan participant.

The 2018 Roth IRA contribution limit is phased out for a single person or head of household with MAGI between $120,000 and $135,000, and for married persons filing jointly and qualifying widows/widowers with MAGI between $189,000 and $199,000.

If you converted your traditional IRA to a Roth IRA in 2018, you cannot undo it; the conversion is permanent.

For 2018, all taxpayers must use Form 1040.
Forms 1040A and 1040EZ have been eliminated.
Form 1040 has been reformatted and redesigned and is supplemented by new Schedules 1 through 6.

The IRS has taken Form 1040, which was a 2 page form, and cut it into 6 pieces,
If you do not have amounts for pieces 2 through 6, then those schedules will not print.

For 2018, the tax rate on the employee portion of Social Security is 6.2% on wages up to $128,400, so Social Security tax withholdings should not exceed $7,960.80. Medicare tax of 1.45% is withheld from all wages regardless of amount.

On Schedule SE for 2018, self-employment tax of 15.3% applies to earnings of up to $128,400 after the earnings are reduced by 7.65%. The 15.3% rate equals 12.4% for Social Security (6.2% employee share and 6.2% employer share) plus 2.9% for Medicare.

If net earnings exceed $128,400, the 2.9% Medicare rate applies to the entire amount. One half of the self-employment tax may be claimed as an above-the-line deduction on Schedule 1 of Form 1040. For 2018, the tax rate on the employee portion of Social Security is 6.2% on wages up to $128,400, so Social Security tax withholdings should not exceed $7,960.80. Medicare tax of 1.45% is withheld from all wages regardless of amount.

On Schedule SE for 2018, self-employment tax of 15.3% applies to earnings of up to $128,400 after the earnings are reduced by 7.65%. The 15.3% rate equals 12.4% for Social Security (6.2% employee share and 6.2% employer share) plus 2.9% for Medicare.

If net earnings exceed $128,400, the 2.9% Medicare rate applies to the entire amount. One half of the self-employment tax may be claimed as an above-the-line deduction on Schedule 1 of Form 1040.

The 3.8% Net investment income tax that applies to high earners stays the same, with identical thresholds.

If you have net investment income (NII), some or all of it will be subject to a 3.8% tax if you have modified adjusted gross income (MAGI) exceeding the applicable threshold.

The same $250,000, $200,000 or $125,000 thresholds for the tax also applies to the tax on NII except for qualifying widows/widowers, who are treated as married persons filing jointly for purposes of the 3.8% tax.

If MAGI exceeds the threshold, the 3.8% tax applies to the lesser of your NII or the MAGI exceeding the threshold.

There is an 0.9% additional Medicare tax on wages and self-employment income exceeding $250,000 if married filing jointly; $200,000, if single, head of household, or a qualifying widow/widower; or $125,000, if married filing separately.

To the extent the tax was not withheld from your wages, you will have to pay it when you file Form 1040

For 2018, you are required to have minimum essential health coverage through an employer plan, a government program, or other plan, or pay a penalty unless you are exempt from this requirement.

The penalty amount for 2018 is the higher of (1) 2.5% of household income above your filing threshold, or (2) $695 per person in your household ($347.50 per dependent child under age 18), up to a maximum of $2,085. The mandate does not apply after 2018.

To help those of modest means pay premiums for coverage obtained from a government exchange (Marketplace), there’s a premium tax credit. Eligibility for this advanceable, refundable tax credit depends on your household income and other factors.

The credit continues to be available even though the individual mandate ends after 2018.

If you claimed the credit in advance when you obtained coverage for 2018, you have to reconcile what you already applied toward your premiums with what you are actually entitled to; the difference is reported on your tax return.

If you did not receive the credit in advance but are eligible for a credit, you can claim it on your return.

If you do not claim the premium tax credit and qualify for Trade Adjustment Assistance (TAA), you may qualify for the health coverage tax credit of 72.5% of premiums (25.14).

For decedents dying and gifts made after 2017 and before 2026 the basic exemption equivalent exclusion amount is increased to $10,000,000 (with inflation adjustments).

For 2018, the exclusion amount is $11,200,000 per taxpayer or with proper planning $22,400,000 for a married couple.

One of the changes imposed by the Tax Cuts and Jobs Act is the creation of new Section 199A, “Qualified Business Income”.
This new code section, non-corporate taxpayers (including trusts and estates) that have Qualified Business Income (“QBI”) from a partnership, S Corporation or sole proprietorship can take a deduction of up to 20% of the QBI.

QBI is generally defined as the net amount of income, gain, deduction and loss relating to a qualified trade or business and effectively connected to the conduct of the trade or business within the United States.

If the net amount is less than zero, the amount is treated as a loss from a qualified trade or business in the succeeding tax year.

Certain types of income are specifically excluded from being treated as QBI, and thus not eligible for the deduction. Investment income along with reasonable compensation payments, guaranteed payment to a partner for services rendered and payments for services to partners not acting in their capacity as partners are not included.

The deduction is a deduction from AGI in arriving at Taxable Income. It is not an or above the line deduction.

A limitation is imposed on income from certain specified service businesses, including businesses that perform services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, investing and investment management, trading or dealing with securities and any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners.

Specifically exempt from the definition of service business are engineering and architectural services.

For pass-through income from a service business, a limitation phases in when the owner’s taxable income (from all sources) exceeds $157,500 for single taxpayers and $315,000 for married taxpayers filing joint returns and is completely phased-out when taxable income exceeds $207,500 and $415,000 respectively.

A second limitation applies based upon W-2 wages and capital of a trade or business. In general, the deduction cannot exceed the greater of 50% of the W-2 wages of the business; or the sum of 25% of the W-2 wages paid plus 2.5% of the unadjusted basis, immediately after acquisition, of all “qualified property”.

Qualified property is defined as all tangible, depreciable property held by and used by the business at the close of the year.

The limitation based on W-2 wages and capital does not apply to any passthru entity owner with taxable income that does not exceed the $157,500/$315,000 threshold. Once income exceeds this amount, the W2/Capital limitation phases in and applies fully once the taxpayer’s taxable income exceeds the $207,500/$415,000 threshold

Section 280F limits the §179 expensing and depreciation deductions (including bonus depreciation) with respect to certain passenger automobiles.

For passenger automobiles placed into service after December 31, 2017 the maximum amount of allowable depreciation is increased to $10,000 for the first year;
$16,000 for the second year; $9,600 for the third year; and $5,760 for the fourth and later years. Each of these amounts will be indexed for inflation in years after 2018.

The maximum first-year bonus depreciation (which was scheduled to reduce to $6,400 in 2018 and $4,800 in 2019) will remain at $8,000.

For property placed into service after December 31, 2017, qualified leasehold improvement, qualified restaurant and qualified retail improvement property will be subject to a 15-year recovery period and straight-line depreciation.