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Leon C. LaBrecque, JD, CPA, CFP®, CFA Leon C. LaBrecque, JD, CPA, CFP®, CFA

Leon C. LaBrecque, JD, CPA, CFP®, CFA - PowerPoint Presentation

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Leon C. LaBrecque, JD, CPA, CFP®, CFA - PPT Presentation

LJPR Financial Advisors Tax Reform Red Button Issues Creating a Safe Path Forward Tax Cuts and Jobs Act Tectonic Shift Profound changes to business taxes Ccorp rules changed Passthough rules changed massively ID: 760278

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Slide1

Leon C. LaBrecque, JD, CPA, CFP®, CFALJPR Financial Advisors

Tax Reform ‘Red Button’ Issues

Creating a Safe Path Forward

Slide2

Tax Cuts and Jobs Act: Tectonic Shift

Profound changes to business taxesC-corp. rules changed Pass-though rules changed (massively)Small business changesDepreciation changesInterest changesLoss deductions (NOL and Excess Losses) changedRelevant remaining credits are R&D and low-income housing creditTerritorial taxDeemed repatriation of accumulated foreign earnings

8/13/2018

2

Individual taxes changed

Std. deduction increased

Itemized deductions limited

Child credit increased

Personal exemptions eliminated

AMT greatly reduced

Estate and

gift

changed

Estate and gift exemption amount doubled to $11.2M

Step-up basis retained

Slide3

Issues for CPAs

8/13/2018

3

199A

Economic

Outcome

Planning

Business

Planning

Slide4

Issues for CPAs

ClientsCommunicating new rulesCoordinating teamsCPALawyer(s)Other advisorsEconomics versus planning

Prospects Competitive advantageIndustry-specificREAgServiceMfgIntegrating Tax changes to planning

8/13/2018

4

Slide5

Rate shift

Pre-TCJA, the corporate rate could be as high as 50.47% for shareholders (Corp/double tax dividends, UIIT)Pass-through max rate was 43.4%

TCJA, maximum corporate is 39.8%QSB (21% + 0%)?CFC?PHC?Max pass-through is now 29.6% - 40.8%

8/13/2018

5

Slide6

Entity Choice Rates

Maximum Federal Tax Rates by EntityType of EntityPriorTCJAC- Corp shareholder50.47%39.8%Active pass-through owner, no QBI deduction39.6%37.0%Passive pass-though owner with no QBI deduction43.4%40.8%Active pass-through owner with QBI deductionN/A29.6%Passive pass-through owner with QBIN/A33.4%

8/13/2018

6

Slide7

1202 (QSBS)

Qualified Small Business Stock (QSBS) acquired after 09/27/2010, may be eligible for 100% exclusion on capital gains. Exclusion is greater of $10,000,000 or ten times the basis in the stock.Makes earnings-retained companies who can sell equity very attractive.

8/13/2018

7

Slide8

Business Taxes: C-Corps

Giant change: rate is now flat 21%Personal Service Corporations (C-corps) are taxed at the 21% flat rate!Qualified small business (QSB) stock eligible for capital gain exclusion100% exclusionNon-service business (except engineers and architects)$10M gain limit

8/13/2018

8

QUESTIONS TO ASK:

Should I change my pass-through to a C-corp?

Is my service business over $315K(mfj) or $157.5K (all other) of income?

Can I use the QSB exemption?

Will I retain earnings in my trade or business?

Slide9

More C-Corp

CFC now taxed at 21%, may warrant using ancient tax break from the 60s.CIT (MI) adds back bonus depreciation, Pass-through does not (no CIT).Losses trapped at entity level in C

C- corps unlimited SALTPass-throughs flow through SALT and limitedInternational operations favor C corps because of deduction for foreign derived intangible income

8/13/2018

9

Slide10

Don’t

Ignore C-corp. opportunities:AccumulationQSBCFCJump to changing entityIgnore C change is permanent

8/13/2018

10

Slide11

Business Taxes: Pass-Through

Definition: All trade or businesses not C-corp:S-CorpPartnerships (LLC taxed as partnership)Sole proprietorshipTrustsEstatesREITsMLPsEntity-by-entity evaluation: each pass-though is separate

8/13/2018

11

Basic idea is

that there

is a 20% deduction for pass-through

income

Service business exception

W-2 exception (50% of W-2 wages)

Property exception (2.5% of unadjusted basis + 25% of W-2 wages)

Income ‘exception to the exceptions’ on taxable income lower than $315k (mfj) or $157.5k (all others)

Slide12

Don’t

Crack entities under the new regs.CPA firm owns building, spins it into separate LLC80%/50% test

8/13/2018

12

Slide13

Pass-Through Income Exceptions

Married filing Joint: $315,000 of taxable income (24% bracket) Married filing separately: $157,500

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13

Single: $157,500Child (including a kiddie tax child): $157,500Non-grantor completed gift trust: $157,500Non-grantor incomplete gift trust: $157,500Estates: $157,500

W-2 rules, property basis rule or

service

business rules do not

apply.

Slide14

C versus Pass-through?

Accumulate earnings, sell stock later C-corp.?Have losses, use pass-through?Under $157.5/$315, service business, use LLC/partnership?

Over $157.5/$315, non service business, use Sub-S?Over $157.5/$315. service business, use C-corp?Split businesses lines?

8/13/2018

14

Slide15

Don’t

‘Crack’ entities under the new regs.Don’t ignore de minimum rules ($25M/10%).

8/13/2018

15

Slide16

Pass-Through: The ‘Poor RIA’:

Gail is a single RIA, self-employed, earns net income from her practice of $150,000Her taxable income is about $128,000She gets a deduction of 20% of her taxable income, or $25,600Being in a service business doesn’t matter, since she has income under $157,500

8/13/2018

16

Slide17

Pass-Through: The ‘Rich RIA’:

Gail, from our previous example, gets a nice case on December 12, 2018 and her income goes up by $80,000, to $230,000Her taxable income is about $208,000She loses her deduction and is in a higher bracketShe made more than $207,500Her bracket went way up (from 19.2%)

8/13/2018

17

She can get the deduction back by:

Possibly

using a 401(k) plan and employer contribution, she could put $55,000 ($61,000 if she’s over age 50).

She could make a charitable donation to her charity or to a donor advised fund.

Making the plan deduction saves her taxes on the deduction ($17,600) plus a QBI deduction of $

27,724.

Bracket shifts from 32% through the level and down to 19.2

%.

Slide18

Pass-Through: Real Estate Tycoon

You can get a QBI deduction on real estate if you have basis in the property (not fully depreciated) 2.5% of the unadjusted basis is limitExample: Scrooge owns a property he bought in 2008 worth $5M. It generates about $400k of rental incomeHe will get a deduction for $80,000, since 20% of income is more than 2.5% of $5M

8/13/2018

18

Slide19

Don’t

Ignore the new regs impose the (very) ugly standard of §162 to the definition of ‘trade or business’

8/13/2018

19

Slide20

Pass-Through: Splitting with Trusts

Suppose Scrooge owns some fully depreciated property worth $5M that generates $500K of incomeNo pass-through deduction, since it is fully depreciatedHe sets up non-grantor trusts for each of his three nephews, spinning $100K each to themThey get pass-through, since the trusts get a $157,500 income exception

8/13/2018

20

Slide21

Don’t

Use the same beneficiaries of multiple trusts or you run afoul of §678(e).Different beneficiaries and different provisions of multiple trusts.

8/13/2018

21

Slide22

Pass-Through: Bigger Non-Service

Waldo runs a successful travel agency as a Sub-S corporationHe nets $800,000 in incomeHe pays wages of $120,000He would get the lesser of 20% of $800,000 ($160,000) or 50% of W-2 wages ($60,000), $60,000He could increase his deduction by paying himself so that 50% of total salaries equal 20% of QBI. Adding $142,500 to wages would generate a $132,500 QBI deduction

8/13/2018

22

Slide23

Don’t

Forget the 2/7 rule on W-2 for 199A.

8/13/2018

23

Slide24

Pass-Through: Shifting Debt

Bill and Melinda have rental real estate. It has a basis of $2M, is not fully depreciated and has gross annual rent of $100,000 and interest on a $1.5M note of $75,000Net is $25,000; QBI deduction is $5,000If they can pay-off or refinance the debt, the QBI deduction goes up to $15,000

8/13/2018

24

If they had bonds or cash, they could pay off the debt, save the $75,000 of interest (replacing the interest lost on the bonds) and garner a larger deduction.

If they used a pledged asset loan (or margin loan) with securities, they can still deduct the interest as investment

interest.

Slide25

Pass-Through Planning Issues

8/13/2018

25

Am I subject to the pass-through rules? (Not C-Corp.)

Am I subject to the service company rules?Am I subject to the W-2 rules?Is my income under the threshold?Should I do something about my income?

We’re married and one of us has a pass-through. Are we better off filing separately?

Should we split off businesses to take better advantage of the new rules?

Should we split ownership to other members of our family or to trusts?

Slide26

Don’t

Ignore the new rules on SSTB.Especially the narrow catch-all on skill of one or more owners or employees.

8/13/2018

26

Slide27

QBI Deduction Planning

QBI is individual, not entityWages not included in QBIGuaranteed payment not included in QBIInterest, dividends and cap gains not include in QBI (generally)QBI on per pass-through, not combinedQBI losses carry over to QBI in subsequent yearsQBI allowed for AMT calc.Weird farm co-op rule

8/13/2018

27

OBSERVATION:

Entity selection will be critical

Wages to owner or spouse relevant

Gray service businesses

401(k) now Roth makes sense?

Non-qualified

deferred comp to reduce income?

Cash balance plans?

Full expensing to knock income down to levels?

Biz code important?

Depreciation

schedules?

Slide28

Don’t

Ignore Roth 401(k) if income is below the limit.Ignore the usefulness of using deductions to TI if income over the limits:Charity401(k)HAS

8/13/2018

28

Slide29

More Business Changes

Under $25 million 3-year average gross revenue:Cash basisNo debt restrictionsInventoryCompleted contractFull expensing of non-real estateNet operating losses: no carryback, limited carry-forwardNew excess loss limitation

8/13/2018

29

Entertainment deduction

eliminated

Car depreciation changed:

Under 6,000 pound GVW

Over 6,000 pound GVW

Interest deduction

limited

Slide30

Don’t

Forget NOLs are not fully deductible.Ignore the Excess Loss Limitations.Forget to consider the interface of the 199A and full expensing deductions.

8/13/2018

30

Slide31

Tax Cuts and Jobs Act

Individuals:Seven bracketsStd. deduction $12,200/$24,400>65 or blind: add’l $1,300 or $1,600Personal exemptions eliminatedChild credit increasedAMT limits increasedItemized deductionsMedical > 7½% AGISALT up to $10,000/$5,000PEASE repealedMisc. itemized repealedCharity AGI limit increasedMortgage int. modified529 expanded

8/13/2018

31

Taxable Income

Rate

Single

Married

10%

$0

- $9,525

$0 - $19,050

12%

$9,526-$38,700

$19,051-$77,400

22%

$38,701-$82,500

$77,401-$165,000

24%

$82,501-$157,500

$165,001-$315,000

32%

$157,501-$200,000

$315,001-$400,000

35%

$200,001-$500,000

$400,001-$600,000

37%

$500,000+

$600,000+

Slide32

Itemized Deductions

Mortgage Interest:Pre-12/16/17 mortgages are grandfatheredRefinancing of grandfathered mortgages is grandfatheredNo deduction for equity loan interestNew mortgage interest on first and second residence mortgages are deducible up to a combined $750,000Medical: 7½% of AGI for 2017 and 2018SALT: $10,000/$5,000PEASE eliminated

8/13/2018

32

OBSERVATION:

Interest still deductible

Medical ‘bunching’ in 2018 makes sense

SALT ‘bunching’ with charity

Elimination of PEASE may help big charitable donations

Slide33

Don’t

Forget to gather all your ‘bunches’ together.Forget SALT can be used by other entities, like Trusts or kids.Forget to check all 2018 clients for proximity to std deduction.

8/13/2018

33

Slide34

More Individual Changes

Child credit increases to $2,000 with $1,400 refundablePhase out at $110,000 (single) or $400,000 (married)Capital gain exclusion on principal residence retained§529 expanded to K-12 private and religious schoolsCharity now limited to 60% of AGI instead of 50%Moving expenses gone

8/13/2018

34

OBSERVATION:

Child credit better for lower income bracket than deduction

§529 allows tax-free savings for K-12 and higher ed., replaces Coverdell

New standard deduction rules suggest ‘bunching’ charity over alternating years, or using Donor Advised Fund

CRT and CLT’s may be more prevalent

Slide35

AMT

Retained but exemption amount increased to $109,400 (married) and $70,300 single2015: 91,450 returns w/AMT filed in MichiganMostly dead now

8/13/2018

35

OBSERVATION:

SALT (65.75% of preferences)

Personal exemptions (22.28% of preferences)

Misc. Itemized changes cautions (10.11% of preferences)

NOL (3.23% of preferences)

Slide36

Don’t

Automatically assume a client in AMT in 2017 will still be in AMT.

8/13/2018

36

Slide37

Alimony Changed

No deduction for alimony paid but alimony received not taxableEffective for divorces or modifications after 2018

8/13/2018

37

Slide38

Tax Cuts and Jobs Act

Estate, gift and generation- skipping taxes:Exemption doubled, sunsets after 2025$11.2M lifetime exemption in 2018 (indexed for inflation annually) Step-up basis remainsExcise tax on private university endowmentsExcise tax on Non-profit executive salaries above $1M

8/13/2018

38

Slide39

Don’t

Ignore estate taxes on client that may get over the $11M.Forget there are several elections between now and 2025.Allow wealth client to take adventure trips or have ’special drinks’ around the end of 2025.

8/13/2018

39

Slide40

Child and Family Credit

Old rule: $1,000 credit per child under 17; phased out at $75K (S) and $110K (MFJ)New rule: $2,000 for child (refundable up to $1,400), $500 for non-child dependents (including taxpayers’ and others) (not refundable)New phase out starts: $200K(S, HOH, MFS) & $400K (MFJ) Earned income credit retained

8/13/2018

40

Slide41

Don’t

Forget this is good for younger kids, but the 17+ now have no personal exemption.File single for college kids?

8/13/2018

41

Slide42

Estate, Gift and GST Taxes

Doubles exclusion amount for estate, gift and generation-skipping taxesIncreased exclusion sunsets after 2025Step-up in basis on death remains

8/13/2018

42

OBSERVATION:Many more people not subject to estate tax.Managing step-up may become more important.Splitting strategies for income, particularly QBI, becomes relevant.

OBSERVATION:

Many more people not subject to estate

tax

Managing step-up may become more

important

Splitting strategies for income, particularly QBI, becomes

relevant

Slide43

Don’t

Forget that there is now an interface on 199A and Estate planning with incomplete Non-Grantor trusts.Fail to review estate planning.

8/13/2018

43

Slide44

More Stuff

Muni Bonds:House bill would have made interest on new Private Activity Bonds (PABs), new advance refunding bonds and new bonds issued for professional sports stadium taxableFinal bill: all still tax-exemptUnrelated Business Income Tax: House bill would have made broad changes to definition and application of UBITFinal bill: Tax-exempts with more than one source of UBIT (i.e. more than one unrelated business) must calculate income/losses for each separately and can’t combine (net) income/losses to calculate UBIT

8/13/2018

44

Private foundation

excise tax streamlined to 1.4

%

Private college and universities

excise tax of 1.4% on investment income:

More than 500

students

Assets over $500,000 per

student

State college and universities not subject to

provision

Endowments: Harvard

$34.5B, Princeton $22.15B.

U

of M paltry $

10.9B

Stock Options

restricted stock or RSU in privately traded stock may defer recognition of

income

for up to 5

years

(new

11/06

)

Slide45

Disclaimer

This presentation and these materials are provided for informational and educational purposes based upon publically available information from sources believed to be reliable. This presentation and these materials are provided with the understanding that the author/presenter is not engaged in rendering legal, accounting, or other professional services, and it is not intended to provide any basis for legal, accounting, or other professional services.

Due to the constantly changing nature of the subject, this outline should not be used as a resource for any tax or accounting opinion, or tax return position.

Each taxpayer should seek independent advice from a tax professional based on his or her individual circumstances.

COPYRIGHT ©

2018,

LJPR Financial Advisors

Slide46

LJPR Financial Advisors

5480 Corporate Drive, #100Troy, Michigan 48098248.641.7400ljpr.com

©2018,

LJPR Financial Advisors