2025 Year-End Tax Planning

Dear Tax Constituent:

The end of the tax year is almost upon us, so it’s a good time to think about things you can do to reduce your 2025 federal taxes.  The 2025 Act, commonly referred to as the One Big Beautiful Bill, extended and enhanced many taxpayer-friendly provisions. With this in mind, we have some year-end tax actions for you to consider. We have divided our commentary between business and individual considerations below:

BUSINESS

Establish a Tax-favored Retirement Plan

If your business doesn’t already have a retirement plan, now might be the time to take the plunge. Current rules allow for significant deductible contributions. Most small businesses choose to go with a “defined contribution plan” (of which there are several types) rather than a traditional pension plan.

  • For example, if you are self-employed and set up a SEP plan for yourself, you can contribute up to 20% of your net self-employment income, with a maximum tax-deductible contribution of $70,000 for 2025. If you are employed by your own corporation, up to 25% of your salary can be contributed, with a maximum tax-deductible contribution of $70,000 for 2025.

  • A 401(k) plan can be especially attractive for self-employed and small corporations, because, in addition to the contribution of up to 20% (25% if you are employed by your own corporation) of compensation, the plan can allow matching contributions, meaning more before-tax money goes into the plan. In addition, catch-up contributions are available if you are 50 years old or older. For 2025, 401(k) plans have an employee elective deferral limit of $23,500 ($31,000 for employees age 50 and older).

  • A SIMPLE IRA is another option that can be a good choice if your business income is modest. Depending on your circumstances, the SIMPLE-IRA plan can allow for bigger tax-deductible contributions (in 2025, up to $16,500, or $20,000 if you are age 50 or older) than a SEP or 401(k). SIMPLE IRAs also have no minimum age requirement, if you want to set up accounts for any of your children who you employ. In contrast, participation in SEPs and 401(k)s is limited to employees who are at least 21 years old.

The options can seem a little complicated, but we can sit down and discuss how to take advantage of a retirement plan or plans to reduce current taxes and establish a strong financial plan for your later years. Note that even if you adopt multiple plans, the total contribution limit is $70,000 per participant.

It Might Not Be Too Late to Establish a Plan and Make a Tax-deductible Contribution for Last Year. The general deadline for setting up a tax-favored retirement plan, such as a SEP or 401(k) plan, is the extended due date of the tax return for the year you or the plan sponsor want to make the initial deductible contribution. If your business is a sole proprietorship or a single-member LLC that is treated as a sole proprietorship for federal income tax purposes (i.e., reports its operations on Schedule C), you have until 10/15/25 to establish a plan and make a contribution for 2024 (and deduct it on your 2024 return) if you extended your 2024 Form 1040. Even if you can’t make a contribution for 2024, it’s still a good time to establish a plan, because the sooner you get cash into the plan, the more it can grow on a tax-deferred basis.

Take Advantage of Generous Tax Breaks for Adding Fixed Assets

Current federal income tax rules allow generous first-year tax write-offs for eligible assets.

  • Section 179 Deductions. You can expense up to $2.5 million worth of qualifying business property placed in service in tax years beginning in 2025 using what’s called a Section 179 deduction. Most types of equipment, as well as off-the-shelf software used for business, are eligible for Section 179 deductions. Section 179 deductions can also be claimed for certain real property expenditures, called Qualified Improvement Property (QIP), up to the maximum annual Section 179 deduction allowance.

    Note:  QIP includes any improvement to an interior portion of a nonresidential building that is placed in service after the date the building is first placed in service, except for expenditures attributable to the building’s enlargement, any elevator or escalator, or the building’s internal structural framework.

    Section 179 deductions can also be claimed for qualified expenditures for roofs, HVAC equipment, fire protection and alarm systems, and security systems for nonresidential real property. To qualify, these items must be placed in service after the nonresidential building has been placed in service.

    Warning: Section 179 deductions can’t cause an overall business tax loss, and deductions begin to phase out if you place more than $4 million of qualifying property in service during the 2025 tax year, with full phase out at $6.5 million. The limits on the Section 179 deduction can get tricky if you own an interest in a pass-through business entity (partnership, S corporation, or LLC treated as either of those for tax purposes). Contact us for details on how the limits work and whether they will affect you or your business entity.

  • First-year Bonus Depreciation. For assets acquired between 1/1/25, and 1/19/25, bonus depreciation is limited to 40%. However, for assets acquired after 1/19/25, full (100%) bonus is available for qualified new and used property that is acquired and placed in service in calendar-year 2025. Depending on timing, your business might be able to write off 100% of the cost of some or all of your 2025 asset additions on this year’s return. However, you should generally write off as much as you can using Section 179 deductions for assets acquired in January 2025 subject to the 40% first-year bonus depreciation limitations, because, if no limits apply, Section 179 expensing results in a 100% write-off. Qualified property includes personal property, some real property, such as QIP (see above), and land improvements.

  • Bottom Line: With 100% bonus depreciation remaining fully available for the foreseeable future, barring any legislative changes, now is an ideal time to think beyond year-end purchases and begin long-term planning for asset acquisitions. Section 179 expensing and bonus depreciation can significantly reduce taxable income, and the ability to rely on full bonus depreciation in future years opens the door to multi-year tax planning strategies.

Time Business Income and Deductions for Tax Savings

If you conduct your business as a sole proprietorship or use a pass-through entity (partnership, S corporation, or LLC classification), your share of the business’s income and deductions are taxed at your individual rates. The individual federal income tax rates will be the same in 2025 and 2026 as they were in 2024, with bumps in the rate bracket thresholds thanks to inflation adjustments. The 2025 Act made the Tax Cuts and Jobs Act (TCJA) rate brackets, including the provisions that index amounts for inflation, permanent. This is a taxpayer-friendly result because the TCJA expanded the income range for each tax rate bracket and eliminated most of the “marriage penalty” in the individual tax rate structure by setting the joint filing tax brackets at twice the single tax bracket amounts, other than for the top tax bracket. The TCJA also modified the breakpoints at which capital gains rates apply. There have been no tax rate changes for C corporation, income continues to be taxed at 21% in 2025 and 2026.

  • The traditional strategy of deferring income into next year while accelerating deductible expenditures into this year makes sense if you expect to be in the same or lower tax bracket next year. Deferring income and accelerating deductions will, at a minimum, postpone part of your tax bill from 2025 until 2026. And, after the inflation adjustments to 2025 rate bracket thresholds, the deferred income might be taxed at a lower rate. Which would be nice!

  • On the other hand, if you expect to be in a higher tax bracket in 2026, take the opposite approach. Accelerate income into this year (if possible) and postpone deductible expenditures until 2026. That way, more income will be taxed at this year’s lower rate instead of next year’s higher rate. In addition to paying bills before year-end and deferring billing until 2026 (for cash-basis taxpayers), you can defer income by making like-kind exchanges of appreciated real estate instead of taxable sales and arrange for installment sales of property.

  • Timing Year-end Bonuses. Both cash and accrual basis taxpayers can time year-end bonuses for maximum tax effect. Cash basis taxpayers should pay bonuses before year end to maximize the deduction available in 2025 if you expect to be in the same or lower tax bracket next year. Cash basis taxpayers that expect to be in a higher tax bracket in 2026, because of significant revenue increases, should wait to pay 2025 year-end bonuses until January 2026, when their deduction for bonuses will offset income taxed at a higher rate. Accrual basis taxpayers deduct bonuses in the year that all events related to the bonuses are established with reasonable certainty. However, the bonus must be paid no later than 2½ months of the end of the year end for a current year deduction. Calendar year taxpayers using the accrual method would have to pay bonuses by 3/15/26 to accrue and deduct the bonus in 2025. Accrual method employers who think they will be in a higher tax bracket in 2026 and want to defer deductions to 2026 should consider changing their bonus plans before year-end to set the payment date later than the 2½ month window.

State Income Tax Deduction Work-around

Recent legislation retroactively increased the State And Local Tax (SALT) deduction cap to $40,000 for 2025, previously the cap was $10,000 (2017–2024). The SALT cap limits the amount of state and local taxes that individuals can deduct on their federal Form 1040 income tax return. The cap is set to raise by 1% annually through 2029 before reverting to $10,000 in 2030. For individual taxpayers with Modified Adjusted Gross Income (MAGI) over $500,000, the cap is reduced (but not below $10,000), with MAGI thresholds increasing annually.

  • If you are above the cap, you should consider having your partnership or S corporation (called pass-through entities) make a Pass-through Entity Elective Tax (PEET) election. This election is made at the state (not federal) level, and it provides a way for business owners to mitigate the effects of the deduction cap. The PEET election allows pass-through businesses to elect to pay state income tax on their business income at the entity level. In other words, the entity elects to pay the state income tax that would otherwise be due from the owners on the share of the business’s income. The SALT cap that applies to individuals doesn’t apply to the pass-through entity.

    • There are two additional advantages to making the PEET election. First, the state income taxes reduce the business income that flows throw to the entity’s owners. Less income reported to the owners will reduce self-employment tax at the individual taxpayer level. Reducing self-employment tax can result in huge tax savings!

    • Second, if deducting state taxes at the entity level (rather than the owner) level causes an individual owner’s remaining itemized deductions to fall below the standard deduction, making the PEET election increases the taxpayer’s total deductions by taking advantage of the standard deduction.

  • Starting in 2026, individuals who don’t itemize can claim a $1,000 ($2,000 if married filing jointly) above-the-line deduction for most cash charitable contributions. If the PEET election causes a client’s remaining itemized deductions to fall below the standard deduction, they can take advantage of both the standard deduction and the new above-the-line charitable deduction.

    Currently, of the 42 states (including the District of Columbia) that impose a personal income tax, 36 have enacted legislation allowing a PTET election.

Maximize the Qualified Business Income (QBI) Deduction

Taxpayers can take a Qualified Business Income (QBI) deduction of up to 20% of income from a qualified trade or business, in addition to 20% of the taxpayer’s income from Real Estate Investment Trust (REIT) dividends and publicly traded partnerships. The QBI deduction is subject to limits based on the business owner’s taxable income. Income derived from a business operated as a sole proprietorship (including a single-member LLC) as well as from partnerships, S corporations, or LLCs classified as a partnership or S corporation all potentially qualify for the deduction.

  • The deduction may be limited by the amount of W-2 wages paid by the business, and/or the unadjusted basis of qualified property (such as machinery and equipment) held by the business. The wage limits for QBI deductions don’t apply where taxable income is at or below the annually-adjusted threshold amount of $394,600 for 2025, for taxpayers filing a joint return (about half that for all others). The limits are phased in and start to apply to joint filers when taxable income exceeds $394,600 and are fully phased out when taxable income reaches $494,600. The investment limit is phased in over a $100,000 range. For all other filers, the limits start to apply when taxable income reaches $197,300 and are fully phased in when taxable income reaches $247,300.

  • The QBI deduction is also limited if the taxpayer is engaged in a service-type business (including law, accounting, health, or consulting). I can help you determine if these limits apply to your business.

    Caution: Because of the various limits on the QBI deduction, tax planning moves (or non-moves) can have the side effect of increasing or decreasing your allowable QBI deduction. For example, claiming big first-year depreciation deductions can reduce QBI and lower your allowable QBI deduction. So, if you can benefit from the QBI deduction, you must be careful in making tax planning moves.

Claim 100% Gain Exclusion for Qualified Small Business Stock

The 2025 Act expanded the gain exclusion rules for Qualified Small Business Stock (QSBS) making the C corporation an attractive choice of entity, especially for businesses in the manufacturing and production industries or for businesses that sell tangible personal property.

  • For stock issued on or after 7/4/25, 50% gain exclusion is available when the stock is held for at least three years, 75% gain exclusion for stock held at least four years, with 100% gain exclusion for stock held five or more years. For stock issued after 9/27/10 but before 7/4/25, QSBC shares must be held for more than five years to be eligible for the gain exclusion.

  • The aggregate asset limits increased for taxpayers to meet the Qualified Small Business Corporation (QSBC) rules as well. After 7/4/25 QSBCs lose their eligibility to issue QSBS when aggregate assets exceed $75 million. Prior to 7/4/25, QSBCs lost the eligibility to issue QSBS when assets exceeded $50 million. This will make it easier for taxpayers to take advantage of the QSBS exclusion.

  • The per shareholder per QSBS issuer gain exclusion limits increased under the 2025 Act as well. Shareholders may exclude up to $15 million in gains on QSBS issued after 7/4/25, per QSBC investment. Prior to 7/4/25, the per issuer gain exclusion was limited to $10 million.

INDIVIDUALS

Check Your Tax Withholding and Estimated Payments

  • If the Federal Income Tax (FIT) withheld from your paychecks or retirement distributions plus any estimated tax payments for 2025 aren’t at least equal to your 2025 tax liability [110% of that amount if your 2025 AGI was more than $150,000 ($75,000 if you file MFS)] or, if less 90% of your 2025 tax liability, you will be subject to an underpayment penalty for 2025. Making an estimated tax payment reduces any underpayment from the time the payment is made. But FIT withheld from wages is considered paid ratably over the year. So, if it turns out you had unexpected income or gains early this year and haven’t made sufficient estimated tax payments to avoid the penalty, you can increase your withholding for the rest of the year to reduce or eliminate your underpayment from earlier quarters. We can help you project your 2025 tax and adjust your withholding to eliminate (to the extent possible) an underpayment penalty.  We can also help you see what your remaining 2025 tax bill next April will look like.

Consider Bunching Itemized Deductions

  • Each year, you can deduct the greater of your itemized deductions (mortgage interest, charitable contributions, medical expenses, and state and local taxes) or the standard deduction. The 2025 standard deduction is $15,750 for singles and Married Individuals Filing Separately (MFS), $31,500 for Married Couples Filing Jointly (MFJ), and $23,625 for Heads of Household (HOH). If your total itemized deductions for 2025 will be close to your standard deduction, consider “bunching” your itemized deductions, so they exceed your standard deduction every other year. Paying enough itemized deductions in 2025 to exceed your standard deduction will lower this year’s tax bill. Next year, you can always claim the standard deduction, which will be increased for inflation.

    For example, if you file a joint return and your itemized deductions are steady at around $30,000 per year, you will end up claiming the standard deduction in both 2025 and 2026. But, if you can bunch expenditures so that you have itemized deductions of $32,000 in 2025 and $31,000 in 2026, you could itemize in 2025 and get a $32,000 deduction versus a $31,500 standard deduction. In 2026, your itemized deductions would be below the standard deduction (which adjusted for inflation will be at least $32,000). So, for 2026, you would claim the standard deduction. If you manage to exceed the standard deduction every other year, you’ll be better off than if you just settle for the standard deduction each year.

  • You can get itemized deductions into a desired year by choosing the year you pay state and local income and property taxes. Taxes that are due in early 2026 (such as fourth quarter estimated income tax payments in many states) can be paid in 2025. Likewise, property tax bills are often sent out before year-end but not due until the following year. However, note that the cap deduction for state and local taxes increased under The 2025 Act to $40,000 ($20,000 if you file MFS) (previously limited to $10,000 ($5,000 if you file MFS)). So, if your state and local tax bill is close to or over that limit, prepaying taxes may not affect your total itemized deductions. The deduction is reduced (but not below $10,000) by 30% of Modified Adjusted Gross Income (MAGI) in excess of $500,000 ($250,000 MFS).

    Prepaying state and local taxes can be a bad idea if you owe Alternative Minimum Tax (AMT) for 2025, since those taxes aren’t deductible under the AMT rules. If you are subject to AMT in 2025 and think you won’t be in 2026, it’s better to pay the taxes in 2026, when you have a chance of deducting them. 

  • Finally, consider accelerating elective medical procedures, dental work, and vision care into 2025. For 2025, medical expenses can be claimed as an itemized deduction to the extent they exceed 7.5% of your Adjusted Gross Income (AGI).

  • Seniors Age 65 or Older? The 2025 Act provides a temporary deduction for seniors age 65 or older of $6,000 ($12,000 MFJ if both spouses qualify), effective for tax years 2025-2028. This deduction is in addition to the standard deduction and is available to both itemizers and non-itemizers.  The deduction is subject to limitations based on MAGI (the deduction amount is reduced, but not below zero, by 6% as income exceeds $75,000 ($150,000 MFJ)).

Take a Look at Your Investment Portfolio

  • It’s a good idea to look at your investment portfolio with an eye to selling before year-end to save taxes. Note that selling investments to generate a tax gain or loss doesn’t apply to investments held in a retirement account [such as a 401(k)] or IRA, where the gains and losses are not currently taxed.

    If you are looking to sell appreciated securities, it’s usually best to wait until they have been held for over 12 months, so they will generate a long-term, versus short-term, capital gain. The maximum long-term capital gain tax rate is 20%, but for many individuals, a 15% rate applies. The 3.8% Net Investment Income Tax (NIIT) can also apply at higher income levels. Even so, the highest tax rate on long-term capital gains (23.8%) is still far less than the 37% maximum tax rate on ordinary income and short-term capital gains. And, to the extent you have capital losses that were recognized earlier this year or capital loss carryovers from earlier years, those losses can offset any capital gains if you decide to sell stocks at a gain this year.

    You should also consider selling stocks that are worth less than your tax basis in them (typically, the amount you paid for them). Taking the resulting capital losses this year will shelter capital gains, including short-term capital gains, resulting from other sales this year. But, consider the wash sale rules. If you sell a stock at a loss and within the 30-day period before or the 30-day period after the sale date, you acquire substantially identical securities, the loss is suspended until you sell the identical securities.

  • If you sell enough loss stock that capital losses exceed your capital gains, the resulting net capital loss for the year can be used to shelter up to $3,000 ($1,500 if MFS) of 2025 ordinary income from salaries, self-employment income, interest, etc. Any excess net capital loss from this year is carried forward to next year and beyond. Having a capital loss carryover into next year and beyond could be a tax advantage. The carryover can be used to shelter both short-term and long-term gains. This can give you some investing flexibility in future years because you won’t have to hold appreciated securities for over a year to get a lower tax rate on any gains you trigger by selling, to the extent those gains will be sheltered by the capital loss carryforward.

  • Nontax issues must be considered when deciding to sell or hold a security. If you have stock that has fallen in value, but you think will recover, you might want to keep it rather than trigger the capital loss.  If, after considering all factors, you decide to take some capital gains and/or losses to minimize your 2025 taxes, make sure your investment portfolio is still allocated to the types of investments you want based on your investment objectives. You may have to rebalance your portfolio. When you do, be sure to consider investment assets held in taxable brokerage accounts as well as those held in tax-advantaged accounts, such as IRAs and 401(k) plans.  It is a good idea to coordinate with your investment advisor in deciding which stocks to sell.

Strategize Charitable Giving Plans

  • You can reduce your 2025 taxable income by making charitable donations (assuming your itemized deductions exceed your standard deduction). If you are close to the itemized deduction point, consider bunching future 2026 donations into 2025 to take advantage of a larger itemized deduction.

    Note:  In 2026, standard deduction filers will get an above-the-line charitable contribution deduction of $1,000 ($2,000 MFJ) so it makes sense to bunch charitable contributions into the 2025 tax year to take advantage of itemized deductions in 2025 and still benefit from cash contributions made in 2026 with the standard deduction.

  • If you don’t have a charity or charities that you are comfortable making large donations to, you can contribute to a donor-advised fund (also known as charitable gift funds or philanthropic funds) instead. This is a public charity or community foundation that uses the assets to establish a separate fund to receive grant requests from charities seeking distributions from the advised fund. Donors can suggest (but not dictate) which grant requests should be honored. You claim the charitable tax deduction in the year you contribute to the donor-advised fund but retain the ability to recommend which charities will benefit for several years.

  • Another tax-advantaged way to support your charitable causes is to donate appreciated assets that were held for over a year. If you give such assets to a public charity, you can deduct the donated asset’s fair market value and avoid the tax you would have paid had you sold the asset and donated the cash to the charity. Charitable gifts of appreciated property to a private nonoperating foundation are generally only deductible to the extent of your basis in the asset. But qualified appreciated stock (generally, publicly traded stock) donated to a private nonoperating foundation can qualify for a deduction equal to its fair market value.

  • If you are age 70½ or older, consider a direct transfer from your IRA to a qualified charity [known as a Qualified Charitable Distribution (QCD)]. While you can’t claim a charitable donation for the amount transferred to the charity, the QCD does count toward your Required Minimum Distribution (RMD). If you don’t itemize, that’s clearly better than taking a fully taxable RMD and then donating the amount to charity with no corresponding deduction. Even if you do itemize and would be able to deduct the full amount transferred to the charity, the QCD does not increase your Adjusted Gross Income (AGI), while a RMD would. Keeping your AGI low can decrease the amount of your taxable Social Security benefits and minimize the phaseout of other favorable tax provisions based on AGI.

    Caution: If you are over age 70½ and still working in 2025, you can contribute to a traditional IRA. But, if you’re considering a QCD for 2025 (or a later year), making a deductible IRA contribution for years you are age 70½ or older will affect your ability to exclude future QCDs from your income.

    Planning Tip: To get a QCD completed by year-end, you should initiate the transfer before December 31. Talk to your IRA custodian about making the transfer no later than December 2025.

Convert Traditional IRAs into Roth Accounts

  • Since you are required to pay tax on the conversion of a traditional IRA as if it had been distributed to you, converting makes the most sense when you expect to be in the same or higher tax bracket during your retirement years. If that turns out to be true, the current tax cost from a conversion this year could be a relatively small price to pay for completely avoiding potentially higher future tax rates on the account’s post-conversion earnings. In effect, a Roth IRA can insure part or all of your retirement savings against future tax rate increases.

    Planning Tip: If the conversion triggers a lot of income, it could push you into a higher tax bracket than expected. One way to avoid that is to convert smaller portions of the traditional IRA over several years. Of course, that delays getting funds into the Roth IRA where they can be potentially earning tax-free income. There is no one answer here. But keep in mind that you do not have to convert a traditional IRA into a Roth all at once.  The best time to convert a traditional IRA to a ROTH IRA is generally a relatively low income year, or when the stock market has taken a significant dive.

Spend Any Remaining Funds in Your Flexible Spending Accounts

  • If you participate in in an employer-sponsored medical or dependent care flexible spending plan, be sure to look at your plan closely. Generally, funds not spent before the plan’s year-end are forfeited (the use-it-or-lose-it rule).  There are a few exceptions. Employers can allow their employees to carry over up to $660 from their 2025 medical FSA into their 2026 account. FSA plans can offer a grace period (up to 2½ months after the plan’s year-end) during which employees can incur new claims and expenses and be reimbursed. Plans can (but don’t have to) have either a carryover or a grace period, but not both.

    FSAs can also have a run-out period (a specific period after the end of the plan year during which participants can submit claims for eligible expenses incurred during the plan year). The run-out period can be in addition to a carryover or a grace period. The runout period differs from a grace period because a runout period only extends the time for submitting claims. A grace period, in effect, extends the plan year so that expenses incurred during the grace period are treated as incurred before the plan year-end.  It's important to know how your FSA(s) work so that you can make sure you don’t lose any funds. If there is no grace period, be sure you incur qualified expenses before year-end and submit eligible claims by their due date.

Take Advantage of the Annual Gift Tax Exclusion

  • The basic credit amount for estate tax in 2025 is $5,541,800, which offsets tax on cumulative transfers of $13.99 million ($27.98 million for married couples) in 2025.  The 2025 Act permanently increased the estate and gift tax applicable exclusion amount and the generation-skipping transfer tax exemption amount to $15 million, beginning in 2026. If you think your estate may be taxable, annual exclusion gifts (perhaps to children or grandchildren) are an easy way to reduce your taxable estate. The annual gift exclusion allows for tax-free gifts that don’t count toward your lifetime exclusion amount. For 2025, you can make annual exclusion gifts up to $19,000 per donee, with no limit on the number of donees.

  • In addition to potentially reducing your taxable estate, gifting income-producing assets to children (or other loved ones) can shift the income from those assets to someone in a lower tax bracket. But, if you give assets to someone who is under age 24, the Kiddie Tax rules could cause some of the investment income from those assets to be taxed at your higher marginal federal income tax rate.  

  • If you gift investment assets, avoid gifting assets worth less than what you paid for them. The donee’s basis for recognizing a loss is the lower of your basis or the property’s FMV at the date of the gift. So, in many cases, the loss that occurred while you held the asset may go unrecognized. Instead, you should sell the securities, take the resulting tax loss, and then give the cash to your intended donee.

    Remember, estate planning involves more than avoiding the Federal estate tax. Sound estate planning ensures that your assets go where you want them, considering your desires, family members’ needs, and charitable giving, among other things. Please contact us if you would like to discuss your estate plan.

Trump Account—Child Born in 2025

  • The 2025 Act introduced a new type of tax-deferred investment custodial savings account, similar to a 529 plan or IRA, for minors called the Trump Account. Beginning in 2026, parents and guardians can open a new tax-deferred account for each eligible child and contribute up to $5,000 (indexed for inflation) per year in after-tax dollars for each child until they reach the age of 18. For children born between 2025-2028, the federal government will contribute a one-time deposit of $1,000 to each account, which does not count against that year’s $5,000 limit. Contributions to Trump Accounts may begin 7/4/26, but parents should plan to open the account and secure the government benefit for children born in 2025. Children born in 2025-2028 must have a social security number, which can be obtained when filling out the child’s birth certificate if the child is born in a hospital, and can claim the $1,000 contribution by filing an election with the IRS.

    Note:  Employers can contribute up to $2,500 for an employee or the employee’s dependent under the age of 18. However, the employer’s contribution counts against the maximum $5,000 annual limit per child.

Expiring Clean Energy Home Improvement Credits

  • Unfortunately, many clean energy home improvement credits expire at the end of this year. If you are considering home improvement projects, like new windows and doors, solar panels and wind energy property including battery storage for your home, make those upgrades before the end of 2025.  

If you would like our assistance with your specific year-end tax planning, or more information on these or other tax topics of interest to you, please contact our office.

—McAvoy + Co, CPA

One Big Beautiful Bill of 2025 - Business Provisions

Dear Tax Constituent:

On July 4, 2025, the President signed the One Big Beautiful Bill (OBBB or “the Act”) into law. This new law is the most significant tax legislation we have seen in many years. It continues many of the Tax Cuts and Jobs Act (TCJA) provisions with some permanence and modifications, and adds additional changes for businesses and individuals that our constituents will want to know about. We have highlighted some of the major provisions affecting businesses below.

  • Qualified Business Income (QBI) deduction: The Act makes this deduction permanent. It also sets a minimum deduction for active QBI for "applicable taxpayers" at $400; defines an applicable taxpayer as one whose aggregate QBI for all active qualified trades or businesses for the tax year is at least $1,000; and establishes inflation adjustments for the new minimums starting in post-2026 tax years. Also, the phase-in amounts are increased from $50,000 to $75,000 for single filers and from $100,000 to $150,000 for joint filers.

  • Bonus depreciation: The Act makes additional first-year (bonus) depreciation for certain qualified property permanent at 100% (under prior law, it was to phase out to zero ). This provision is effective for property acquired after Jan. 19, 2025. There is also a new 100% bonus depreciation provision for "qualified production property" (QPP, which is certain non-residential real property used in the manufacturing, production or refining of certain tangible personal property). This QPP provision is effective for property placed in service after July 4, 2025.

  • 179 Expensing limits: For property placed in service after 2024, the Code Sec. 179 expensing limits are increased to $2,500,000 and the phasedown threshold is increased to $4,000,000 (both subject to inflation adjustments).

  • Business interest: For post-2025 tax years, the Act modifies the definition of adjusted taxable income for purposes of the Code Sec. 163(j) limitation on business interest.

  • Exclusion of gain on the sale or exchange of qualified small business stock (QSBS): The Act provides that gain on the "applicable percentage" (50% for stock held for 3 years, 75% for stock held for 4 years, 100% for stock held for 5 years) is eliminated for QSBS acquired after July 4, 2025. Also, the gain exclusion threshold is increased from $10 million to $15 million and the $50 million aggregate gross asset limit is increased to $75 million (subject to inflation adjustments).

  • Enhanced manufacturing investment credit: The advanced manufacturing investment credit (also known as the semiconductor credit or the CHIPS credit) on qualified investments in an advanced manufacturing facility built before Jan. 1, 2027 is increased to 35% (up from 25%) for property placed in service after 2025.

  • Information reporting, Form 1099-K: The Act retroactively reverts the Form 1099-K reporting threshold back to the pre-ARPA $20,000 and 200 transactions threshold.

  • Information reporting, Forms 1099-NEC, 1099-MISC: For payments made after 2025, the reporting thresholds for Forms 1099-NEC and 1099-MISC are increased from $600 to $2,000 (adjusted for inflation after 2026).

  • Gain on the sale of certain farmland property: For sales or exchanges occurring after July 4, 2025, sellers of qualified farmland property may elect to pay capital gains tax on the sale in four equal annual installments. The first payment is due with the return for the year in which the sale occurs, with the remaining payments being due with the successive years' returns (but if a payment is missed, the balance is due immediately).

  • Deduction limitation for compensation of publicly held corporation executives: Under the Act, determining compensation that is subject to Code Sec. 162(m), which limits the amounts that publicly held corporations may deduct for compensation of certain top executives to $1 million per year, is expanded for post-2025 tax years to include all members of a publicly-held corporation's controlled group and affiliated service group under Code Sec. 414(b), Code Sec. 414(c), Code Sec. 414(m), Code Sec. 414(o) (which is a broader group than under the pre-Act aggregation rule).

  • Corporate charitable contributions: The Act imposes a new 1% floor (in addition to the 10% ceiling) on corporate charitable deductions for post-2025 tax years.

  • Excess business losses: The Act makes the Code Sec. 461(l) limit on excess business losses permanent.

  • Energy efficient commercial buildings deduction: Under the Act, the energy efficient commercial building deduction terminates for the cost of energy efficient commercial building property whose construction begins after June 30, 2026.

  • Cost recovery for energy property: The Act eliminates 5-year MACRS classification for energy property effective for property for which construction begins after 2024.

  • Advanced energy project credit: Effective July 4, 2025, "add backs" in the event of the revocation of a project certification are discontinued.

  • Advanced manufacturing production credit: The Act terminates the credit for wind energy components produced and sold after Dec. 31, 2027. It also subjects pre-Act applicable critical minerals to a new phaseout schedule and tightens the rules regarding foreign entities.

  • Energy efficient home improvement and new energy efficient home credits: The energy efficient home improvement credit under Code Sec. 25C is terminated for property placed in service after 2025. The new energy efficient home credit under Code Sec. 45L terminates for any qualified new energy efficient home acquired after June 30, 2026.

  • Residential clean energy credit: The residential clean energy expenditures credit is terminated for any expenditures made after 2025.

  • Clean vehicle credits: The credits for new and previously owned clean vehicles terminate for vehicles acquired after Sept. 30, 2025. The credit for qualified commercial clean vehicles also terminates for vehicles acquired after Sept. 30, 2025.

  • Alternative fuel vehicle refueling property credits: The credit for "alternative fuel vehicle refueling property" (such as an EV charger) terminates for property placed in service after June 30, 2026.

If you would like more information on these topics or another tax topic of interest to you, please contact our office.

—McAvoy + Co, CPA

One Big Beautiful Bill of 2025 - Individual Provisions

Dear Tax Constituent:

On July 4, 2025, the President signed the One Big Beautiful Bill (OBBB, or “the Act”) into law. This new law is the most significant tax legislation we have seen in many years. It continues many of the Tax Cuts and Jobs Act (TCJA) provisions with some permanence and modifications, and adds additional changes for businesses and individuals that our constituents will want to know about. We have highlighted some of the major provisions affecting individuals below.

  • Reduced Income Tax Rates:

    The Act makes the lower individual income tax rates and wider tax brackets introduced by the TCJA permanent, preventing a scheduled tax rate increase after 2025. For example, the top individual rate will remain at 37% (instead of reverting to 39.6%), and the marriage penalty relief for most brackets continues. This means that married couples filing jointly (MFJ) will typically not face higher taxes compared to filing as singles.

  • Increased Standard Deduction:

    The standard deduction has been permanently increased and enhanced for 2025 and beyond: $30,000 for joint filers, $22,500 for heads of household, and $15,000 for singles in 2025, with further increases to $31,500, $23,625, and $15,750, respectively, for 2026 and after. Because these higher amounts mean fewer taxpayers will benefit from itemizing, consider bunching itemized deductions into a single year to exceed the standard deduction, then take the standard deduction in alternate years.

  • Child Tax Credit:

    The Child Tax Credit (CTC) has been permanently increased to $2,200 per qualifying child for tax years after 2024, and will be indexed for inflation in future years. Omission of a correct SSN on a return under the Code Sec. 24 child and other dependent credit rules will be treated as a mathematical or clerical error that IRS can summarily assess. To maximize these credits, ensure all dependents have the required identification numbers before year-end, and consider managing your income or accelerating deductions if your AGI is near the phase-out range.

  • E&G-Basic Exclusion Amount:

    The basic exclusion amount for federal estate and gift tax will increase to $15 million (indexed for inflation) for estates of decedents dying and gifts made after Dec. 31, 2025. Review and update estate plans and consider making large lifetime gifts to tax advantage of this higher exclusion. Alternatively, ensuring more of your assets are included in your estate at death may allow your heirs to take advantage of more step-up in basis for some appreciated assets that could escape capital gains taxes.

  • Pease Limitation:

    Starting in 2026, the Pease limitation which reduced itemized deductions for high earners is permanently repealed. Instead, high-income taxpayers will see a much smaller 2/37 reduction apply to the lesser of their itemized deductions or the amount by which their taxable income exceeds the 37% tax bracket threshold. With this change, bunching deductible expenses into a single year can be effective, since the reduction is generally less severe than under the old Pease rules.

  • Increased SALT Limitation:

    For 2025, the State and Local Tax (SALT) itemized deduction limitation is increased from $10,000 to $40,000, and increased each year by 1% through 2029 before the limit reverts to $10,000 after 2029. The final bill included no changes Pass-through entity Elective Tax (PEET) treatment.

  • Individual Alternative Minimum Tax Exemption Amounts:

    The AMT exemption amounts are permanently increased for 2026 and beyond, but the phaseout rate for higher-income taxpayers doubles from 25% to 50%. Taxpayers should review their AMT exposure and consider strategies such as timing income or exercising options in lower-income years to avoid unexpected AMT liability.

  • Deduction for Taxpayers Age 65 or Older:

    For tax years 2025-2028, individuals age 65 or older (and their spouses, if filing jointly) can claim a new $6,000 deduction per qualified person. To maximize this benefit, seniors should aim to keep their adjusted gross income (AGI) below $75,000 (single) or $150,000 (joint), as the deduction is reduced by 6% of any excess. Be sure to include the correct Social Security Number for each qualifying individual to avoid disallowance of the deduction.

  • Car Loan Interest:

    For tax years 2025-2028, individuals can deduct up to $10,000 per year in interest paid on loans for new personal-use vehicles even if they don't itemize deductions. The deduction phases out for single filers with MAGI over $100,000 and joint filers over $200,000. To qualify, the loan must be for a new, U.S.-assembled car, SUV, van, pickup, or motorcycle (under 14,000 pounds), secured by a first lien, with the taxpayer as the original owner, and the vehicle's VIN reported on the tax return. If you're planning to buy a new vehicle, consider timing your purchase and loan to maximize deductible interest within the eligible years, and manage your income to stay below the phase-out thresholds for the largest benefit.

  • Child and Dependent Care Credit:

    Starting in 2026, the Child and Dependent Care Credit will be more valuable for many families. The maximum credit rate increases to 50% of eligible expenses, up to $3,000 for one qualifying individual or $6,000 for two or more. The full 50% rate applies to families with AGI up to $15,000 and gradually phases down to 35% for AGI up to $75,000 ($150,000 for joint filers). To maximize your benefit, be sure to keep thorough records of all qualifying expenses and coordinate with any employer-provided dependent care benefits to avoid missing out on the full credit potential.

  • Contributions to Scholarship-Granting Organizations:

    New for tax years ending after Dec. 31, 2026, individual taxpayers can claim a federal income tax credit of up to $1,700 per year for cash contributions to qualifying scholarship-granting organizations (SGOs) in participating states. To maximize this benefit, confirm your state's participation and ensure the SGO is on the IRS-approved list before contributing.

  • Disaster-Related Personal Casualty Losses:

    If you suffered a loss due to a federally declared disaster, you can now claim a personal casualty loss deduction even if you don't itemize. The standard deduction is increased by the amount of the net disaster loss. Be sure to document your losses and insurance claims, and consider filing an amended return if you missed claiming a qualified loss in a prior year.

  • American Opportunity and Lifetime Learning Credits:

    Starting in 2026, you must include the Social Security Number (SSN) of the student (or yourself or your spouse, if applicable) and the Employer Identification Number (EIN) of each college or university when claiming the American Opportunity Tax Credit (AOTC). To avoid losing this valuable credit due to a clerical error, make sure all SSNs are issued before the tax return deadline and that you have the EIN for each institution. Doublecheck that these numbers are entered correctly on your return, as missing or incorrect information will result in the IRS denying the credit.

  • Eligibility to Enroll in Qualified Health Plan:

    Starting in tax years after 2027, you can only claim the premium tax credit (PTC) for months when the health insurance Exchange has verified that you are eligible to enroll in a qualified health plan (QHP) and to receive advance PTC payments. To avoid losing your credit, be sure to file your federal tax return on time each year. Promptly report any changes in income, family size, or other circumstances to the Marketplace within 30 days, and respond quickly to any requests for information.

  • Deduction for Qualified Residence Interest:

    The deduction for mortgage interest on home acquisition debt is now permanently capped at $750,000 ($375,000 if married filing separately), rather than increasing to $1 million in 2026 as previously scheduled. If you are considering buying a home, refinancing, or taking out a new mortgage, be aware that interest on debt above $750,000 will not be deductible.

  • Miscellaneous Itemized Deductions:

    The Act permanently eliminates miscellaneous itemized deductions for individual taxpayers. This doesn't apply however to itemized deductions under Code Sec. 67(b). And the Act adds a new deduction thereunder for educators, allowing K-12 teachers, counselors, coaches, and aides working at least 900 hours per year to deduct unreimbursed classroom expenses (like books, supplies, and equipment) starting in 2026.

  • New Tax-Deferred Investment Accounts for Children:

    Taxpayers can open a new tax-deferred investment account for children, called a "Trump account" for each eligible child. Taxpayers can contribute up to $5,000 per year in after-tax dollars for each child, and funds must be invested in a diversified U.S. equity index fund. For children born between Jan. 1, 2025, and Dec. 31, 2028, the federal government will automatically contribute $1,000 to each account. Taxpayers should open the account before their child turns 18 to maximize contributions and secure the government benefit if eligible. Contributions to these accounts are expected to be available after July 4, 2026.

  • Adoption Credit:

    Starting in 2025, the adoption credit is enhanced to include a refundable portion of up to $5,000 per child (indexed for inflation). This means eligible taxpayers can receive up to $5,000 as a refund even if they owe no tax, making the credit more valuable for lower-income families. To maximize this benefit, keep detailed records of all qualified adoption expenses, ensure you have a taxpayer identification number for the child, and file Form 8839 in the year the adoption is finalized.

  • Qualified Higher Education Expenses:

    Changes to 529 savings plans allow families to use tax-free distributions for a much broader range of K-12 education expenses including not just tuition, but also curriculum, books, online materials, tutoring, standardized test fees, dual enrollment, and educational therapies for students with disabilities. Starting in 2026, the annual limit for K-12 distributions doubles from $10,000 to $20,000 per beneficiary. To maximize tax savings, consider timing 529 withdrawals to match qualified expenses within the same tax year, and coordinate with other education tax credits to avoid overlap.

  • Higher Education Expenses for 529 Accounts:

    529 plan distributions can now be used tax-free for a wider range of education expenses, including not only college costs but also "qualified postsecondary credentialing expenses." This means you can use 529 funds for tuition, fees, books, supplies, and equipment required for enrollment in recognized certificate, licensing, or apprenticeship programs even if they are not traditional degree programs.

  • Individuals' Charitable Deductions:

    Beginning in 2026, the Act imposes a floor of 0.5% of AGI before itemized charitable contributions start to provide a tax benefit, and allows non-itemizers a maximum of $1,000 ($2,000 MFJ) of an above-the-line charitable contribution deduction. Consider the use of Donor Advised Funds and selective bunching of donations from year to year to maximize the charitable contribution deduction benefit.

  • Limitation on Casualty Loss Deduction:

    Starting in 2026, personal casualty loss deductions are permanently limited to losses from federally declared disasters (and certain state-declared disasters). If you experience a loss due to a qualifying disaster, be sure to keep detailed records.

  • Remittance Transfers:

    Starting in 2026, a new 1% excise tax will apply to remittance transfers from U.S. senders to recipients in foreign countries. Transfers funded with cash or through non-U.S. payment apps may be subject to the tax, so plan ahead and use the exempt methods (i.e., the remittance transfer is withdrawn from a financial institution governed by Title 31, Chapter 53 or funded with a U.S.-issued debit or credit card) whenever possible to minimize your tax liability on international money transfers. This provision is effective for transfers made after Dec. 31, 2025, so review your remittance practices before year-end to take advantage of these exceptions and avoid unnecessary taxes.

  • Wagering Losses:

    Starting in 2026, only 90% of your wagering losses can be deducted against your winnings, even if your losses equal or exceed your winnings. To maximize your deductions, consider realizing wagering losses in 2025 before the new rule takes effect, and keep detailed records of all activity.

  • Deduction and Exclusion for Moving Expenses:

    Moving expenses are now permanently nondeductible for most taxpayers, and any employer reimbursement for moving costs is fully taxable as income. If you expect to relocate for work, consider negotiating with your employer to cover the additional taxes you'll owe. Only active-duty military members moving under orders and, starting in 2026, certain intelligence community employees remain eligible to deduct or exclude qualified moving expenses, so these individuals should track and document all eligible costs for tax purposes.

  • No Tax on Tips:

    For 2025 through 2028, an above-the-line deduction of up to $25,000 is available for cash tips provided voluntarily to taxpayers in an “occupation that traditionally and customarily receives tips” (to be determined by the Treasury Secretary) and that are reported to the IRS on a W-2 or 1099. The deductions begins to phase out for taxpayers with modified AGI of $150,000 ($300,000 MFJ).

  • No Tax on Overtime:

    For 2025 through 2028, the Act allows an above-the-line deduction for overtime pay of up to $12,500 ($25,000 MFJ) that begins to phase out for taxpayers with modified AGI above $150,000 ($300,000 MFJ).

  • ABLE Accounts:

    The Act permanently provides for additional contributions to Achieving a Better Life Experience (ABLE) accounts for employed individuals with disabilities. It also adjusts the base limit amount by one year for inflation. The Act also permanently allows beneficiaries who make qualified contributions to their ABLE account to qualify for the Saver's Credit. To maximize tax benefits, ensure the designated beneficiary personally makes contributions by year-end to qualify for the Saver's Credit, which is now permanently available for ABLE contributions and will increase to a maximum of $2,100 starting in 2027.

  • The End of Clean Energy Credits:

    For purchases after September 30, 2025, the Previously Owned Clean Vehicle and Clean Vehicle credits (as updated) are repealed. The Energy Efficient Home Improvement and Residential Clean Energy (aka Home Solar) credits are repealed for expenditures made after December 31, 2025.

If you would like more information on these topics or another tax topic of interest to you, please contact our office.

—McAvoy + Co, CPA

2024 Year-End Tax Planning

Dear Tax Constituent:

Tax planning is best done using the law that currently exists, with a slight influence from the direction future tax law might be headed. Our president-elect has expressed desires for lower income tax rates in general, and specific tax exemptions on certain types of income. He has also expressed a desire to keep the current Tax Cuts and Jobs Act provisions in place beyond the current 2025 expiration date. With a Republican-controlled Congress starting in 2025, it is likely that President Trump will get some of what he wants. However, Reuters reports that the US budget deficit for fiscal year 2024 will be the third largest on record - in a time of general peace and prosperity. It is possible that the Republican-controlled Congress will take the US debt seriously, and craft new tax legislation that is not as generous with lower tax rates as prior tax law. If Congress makes no tax law changes, the default is that individual tax rates and rules would revert to mostly what they were in 2017 - generally higher tax rates with fewer deductions.

With this in mind, we have some year-end tax actions for you to consider. We have divided our commentary between business and individual considerations below:

BUSINESS

  • Taxpayers other than corporations may be entitled to a deduction of up to 20% of their qualified business income. For 2024 , if taxable income exceeds $383,900 for a married couple filing jointly, (about half that for others), the deduction may be limited based on whether the taxpayer is engaged in a service-type trade or business (such as law, accounting, health, or consulting), the amount of W-2 wages paid by the business, and/or the unadjusted basis of qualified property (such as machinery and equipment) held by the business. The limitations are phased in; for example, the phase-in applies to joint filers with taxable income up to $100,000 above the threshold, and to other filers with taxable income up to $50,000 above their threshold. For 2025, the amount rises to $394,600

    • Taxpayers may be able to salvage some or all of this deduction, by deferring income or accelerating deductions to keep income under the dollar thresholds (or be subject to a smaller deduction phaseout) for the current year. Depending on their business model, taxpayers also may be able increase the deduction by increasing W-2 wages before year-end. The rules are quite complex, so consider getting our help before you make a move in this area.

  • More small businesses are able to use the cash (as opposed to accrual) method of accounting than were allowed to do so in earlier years. To qualify as a small business a taxpayer must, among other things, satisfy a gross receipts test, which is satisfied for 2023 if, during a three year testing period, average annual gross receipts don't exceed $29 million. Cash method taxpayers may find it a lot easier to shift income, for example by holding off billings till next year or by accelerating expenses, for example, paying bills early or by making certain prepayments. For 2024, the amount rises to $30 million.

  • Businesses should consider making expenditures that qualify for the liberalized business property expensing option. For tax years beginning in 2024, the Section 179 expensing limit is $1,220,000, and the investment ceiling limit is $3,050,000. For 2025, the amounts rise to $1,250,000 and $3,130,000, respectively. Expensing is generally available for most depreciable property (other than buildings) and off-the-shelf computer software. It is also available for interior improvements to a building (but not for its enlargement), elevators or escalators, or the internal structural framework), for roofs, and for HVAC, fire protection, alarm, and security systems.

    • The generous dollar ceilings mean that many small and medium sized businesses that make timely purchases will be able to currently deduct most if not all their outlays for machinery and equipment. What's more, the expensing deduction is not prorated for the time that the asset is in service during the year. So expensing eligible items acquired and placed in service in the last days of the current year, rather than at the beginning of next year, can result in a full expensing deduction on this year's return.

    • Businesses also can claim a 80% bonus first year depreciation deduction for machinery and equipment bought used (with some exceptions) or new if purchased and placed in service in 2023, and for qualified improvement property, described above as related to the expensing deduction. The 80% write-off is permitted without any proration based on the length of time that an asset is in service during the tax year. Consider taking advantage of bonus depreciation as it is being phased out. It will be 60% in 2024, 40% in 2025, and 20% in 2026. Bonus depreciation will not be available after 2026.

  • Businesses may be able to take advantage of the de minimis safe harbor election (also known as the book tax conformity election) to expense the costs of lower-cost assets and materials and supplies, assuming the costs aren't required to be capitalized under the UNICAP rules. To qualify for the election, the cost of a unit of property can't exceed $5,000 if the taxpayer has an applicable financial statement (AFS, e.g., a certified audited financial statement along with an independent CPA's report). If there's no AFS, the cost of a unit of property can't exceed $2,500. Where the UNICAP rules aren't an issue, consider purchasing qualifying items before the end of the year.

  • A corporation (other than a large corporation) that anticipates a small net operating loss (NOL) for the current year (and substantial net income next year) may find it worthwhile to accelerate just enough of next year's income (or to defer just enough of its current- year deductions) to create a small amount of net income in the current year. This allows the corporation to base next year's estimated tax installments on the relatively small amount of income shown on its current- year return, rather than having to pay estimated taxes based on 100% of its much larger taxable income for next year.

  • Year-end bonuses can be timed for maximum tax effect by both cash- and accrual-basis employers. Cash basis employers deduct bonuses in the year paid, so they can time the payment for maximum tax effect. Accrual-basis employers deduct bonuses in the accrual year, when all events related to them are established with reasonable certainty. However, the bonus must be paid within two months after the end of the employer's tax year for the deduction to be allowed in the earlier accrual year. Accrual employers looking to defer deductions to a higher- taxed future year should consider changing their bonus plans before year-end to set the payment date later than the 2.5-month window or change the bonus plan’s terms to make the bonus amount not determinable at year-end.

  • To reduce current-year taxable income, consider deferring a debt-cancellation event until next year.

  • Sometimes the disposition of a passive activity can be timed to make best use of its freed-up suspended losses. Where reduction of current-year income is desired, consider disposing of a passive activity before year-end to take the suspended losses against current income.

INDIVIDUALS

Whether or not tax increases become effective in 2026, the standard year-end approach of deferring income and accelerating deductions to minimize taxes will continue to produce the best results for all but the highest income taxpayers, as will the bunching of deductible expenses into this year or next to avoid restrictions and maximize deductions.

  • Higher-income individuals must be wary of the 3.8% surtax on certain unearned income. The surtax is 3.8% of the lesser of: (1) net investment income (NII), or (2) the excess of modified adjusted gross income (MAGI) over a threshold amount ($250,000 for joint filers or surviving spouses, $125,000 for a married individual filing a separate return, and $200,000 in any other case). As year-end nears, the approach taken to minimize or eliminate the 3.8% surtax will depend on the taxpayer's estimated MAGI and NII for the year. Some taxpayers should consider ways to minimize (e.g., through deferral) additional NII for the balance of the year, others should try to reduce MAGI other than NII, and some individuals will need to consider ways to minimize both NII and other types of MAGI. An important exception is that NII does not include distributions from IRAs or most other retirement plans.

  • The 0.9% additional Medicare tax also may motivate higher-income earners to take year-end action. It applies to individuals whose employment wages and self-employment income total more than an amount equal to the net investment income tax (NIIT) thresholds, above. Employers must withhold the additional Medicare tax from wages in excess of $200,000 regardless of filing status or other income. Self-employed persons must take it into account in figuring estimated tax. There could be situations where an employee may need to have more withheld toward the end of the year to cover the tax. This would be the case, for example, if an employee earns less than $200,000 from multiple employers but more than that amount in total. Such an employee would owe the additional Medicare tax, but nothing would have been withheld by any employer.

  • Long-term capital gain from sales of assets held for over one year is taxed at 0%, 15% or 20%, depending on the taxpayer's taxable income. If you hold long-term appreciated-in-value assets, consider selling enough of them to generate long-term capital gains that can be sheltered in the 0% rate. The 0% rate generally applies to the excess of long-term capital gain over any short-term capital loss to the extent that, when added to regular taxable income, it is not more than the maximum zero rate amount (e.g., $96,700 for a married couple for 2025). If the 0% rate applies to long-term capital gains you took earlier this year for example, you are a joint filer who made a profit of $5,000 on the sale of stock held for more than one year and your other taxable income for 2024 is $89,050 or less then try not to sell assets yielding a capital loss before year-end, because the first $5,000 of those losses won't yield a benefit this year. (It will offset $5,000 of capital gain that is already tax -free.)

  • Postpone income until next year and accelerate deductions into this year if doing so will enable you to claim larger deductions, credits, and other tax breaks for this year that are phased out over varying levels of adjusted gross income (AGI). These include deductible IRA contributions, child tax credits, higher education tax credits, and deductions for student loan interest. Postponing income also is desirable for taxpayers who anticipate being in a lower tax bracket next year due to changed financial circumstances. Note, however, that in some cases, it may pay to actually accelerate income into this year. For example, that may be the case for a person who will have a more favorable filing status this year than next (e.g., head of household versus individual filing status), or who expects to be in a higher tax bracket next year.

  • If you believe a Roth IRA is better for you than a traditional IRA, consider converting traditional-IRA money invested in any beaten-down stocks (or mutual funds) into a Roth IRA this year if eligible to do so. Keep in mind that the conversion will increase your income this year, possibly reducing tax breaks subject to phaseout at higher AGI levels. This may be desirable, however, for those potentially subject to higher tax rates under pending tax law changes.

  • It may be advantageous to try to arrange with your employer to defer, until early next year, a bonus that may be coming your way. This might cut as well as defer your tax. Again, considerations may be different for the highest income individuals.

  • Many taxpayers won't want to itemize because of the high standard deduction amounts that apply for 2025 ($30,000 for joint filers, $15,000 for singles and for marrieds filing separately, $22,500 for heads of household), and because many itemized deductions have been reduced or abolished. Like last year, no more than $10,000 of state and local taxes may be deducted; miscellaneous itemized deductions (e.g., tax preparation fees and unreimbursed employee expenses) are not deductible; and personal casualty and theft losses are deductible only if they're attributable to a federally declared disaster and only to the extent the $100-per-casualty and 10%-of-AGI limits are met. You can still itemize medical expenses (but only to the extent they exceed 7.5% of your adjusted gross income), state and local taxes up to $10,000, your charitable contributions, plus interest deductions on a restricted amount of qualifying residence debt. But payments of those items won't save taxes if they don't cumulatively exceed the standard deduction for your filing status.

  • Some taxpayers may be able to work around these deduction restrictions by applying a bunching strategy to pull or push discretionary medical expenses and charitable contributions into the year where they will do some tax good. For example, a taxpayer who will be able to itemize deductions this year but not next year will benefit by making two years ' worth of charitable contributions this year, instead of spreading out donations over 2023 and 2024. For 2022-2025, the deduction for charitable contributions of individuals is limited to 60% of the contribution base (generally, AGI).

  • If you expect to owe state and local income taxes when you file your return next year and you will be itemizing this year, consider asking your employer to increase withholding of state and local taxes (or pay estimated tax payments of state and local taxes) before year-end to pull the deduction of those taxes into this year. But remember that state and local tax deductions are limited to $10,000 per year, so this strategy is not good to the extent it causes your state and local taxes paid this year to exceed $10,000.

  • If you were 72 or older this year you must take a required minimum distribution (RMD) from any IRA or 401(k) plan (or other employer-sponsored retirement plan) of which you are a beneficiary. Those who turn 72 this year have until April 1 of next year to take their first RMD but may want to take it by the end of this year to avoid having to double up on RMDs next year.

  • If you are age 70½ or older by the end of this year, have traditional IRAs, and especially if you are unable to itemize your deductions, consider making up to $105,000 of charitable donations via qualified charitable distributions from your IRAs by the end of the year. If you are charitably minded, this can be a great way to satisfy your RMD for the year. These distributions are made directly to charities from your IRAs, and the amount of the contribution is neither included in your gross income nor deductible on Schedule A, Form 1040. However, you are still entitled to claim the entire standard deduction. (Previously, those who reached reach age 70½ during a year weren't permitted to make contributions to a traditional IRA for that year or any later year. While that restriction no longer applies, the qualified charitable distribution amount must be reduced by contributions to an IRA that were deducted for any year in which the contributor was age 70½ or older, unless a previous qualified charitable distribution exclusion was reduced by that post-age 70½ contribution.) The IRA qualified charitable distribution also allows distributions to charities (up to $50,000) through charitable gift annuities, charitable remainder unitrusts, and charitable remainder annuity trusts.

  • If you are younger than age 70½ at the end of the year, you anticipate that you will not itemize your deductions in later years when you are 70½ or older, and you don't now have any traditional IRAs, establish and contribute as much as you can to one or more traditional IRAs this year. If these circumstances apply to you, except that you already have one or more traditional IRAs, make maximum contributions to one or more traditional IRAs this year. Then, in the year you reach age 70½, make your charitable donations by way of qualified charitable distributions from your IRA. Doing this will allow you, in effect, to convert nondeductible charitable contributions that you make in the year you turn 70½ and later years, into currently deductible IRA contributions and reductions of gross income from later year distributions from the IRAs.

  • Take an eligible rollover distribution from a qualified retirement plan before the end of the year if you are facing a penalty for underpayment of estimated tax and having your employer increase your withholding is unavailable or won't sufficiently address the problem. Income tax will be withheld from the distribution and will be applied toward the taxes you owe this year. You can then timely roll over the gross amount of the distribution, i.e., the net amount you received plus the amount of withheld tax, to a traditional IRA. No part of the distribution will be includible in this year's income, but the withheld tax will be applied pro rata over the full tax year to reduce previous underpayments of estimated tax.

  • Consider increasing the amount you set aside for next year in your employer's FSA if you set aside too little for this year and anticipate similar medical costs next year.

  • If you become eligible by December to make health savings account (HSA) contributions, you can make a full year's worth of deductible HSA contributions for the current year.

  • Make gifts sheltered by the annual gift tax exclusion before the end of the year if doing so may save gift and estate taxes. The exclusion applies to gifts of up to $19,000 made in 2025 (increased from $18,000 in 2024) to each of an unlimited number of individuals. You can't carry over unused exclusions from one year to the next. Such transfers may save family income taxes where income-earning property is given to family members in lower income tax brackets who are not subject to the kiddie tax.

  • If you were in a federally declared disaster area, and you suffered uninsured or unreimbursed disaster-related losses, keep in mind you can choose to claim them either on the return for the year the loss occurred, or on the return for the prior year, generating a quicker refund.

  • If you were in a federally declared disaster area, you may want to settle an insurance or damage claim in the current year to maximize your casualty loss deduction this year

If you would like our assistance with your specific year-end tax planning, or more information on these or other tax topics of interest to you, please contact our office.

—McAvoy + Co, CPA

2023 Year-End Tax Planning

Dear Tax Constituent:

For nearly all California taxpayers, the 2023 tax season filing 2022 tax returns provided the most delayed filing deadlines this office has ever seen (November 15, 2023, for most deadlines)! At press time, we expect the 2024 tax season filing 2023 tax returns will be a return to a normal series of deadlines.

Currently, Congress does not appear set to propose major tax legislation affecting 2023, and we expect the provisions of the Tax Cuts and Jobs Act to remain through 2025: lower income tax rates, larger standard deductions, limited itemized deductions, elimination of personal exemptions, a reduced alternative minimum tax (AMT) for individuals, a major corporate tax rate reduction, limits on interest deductions, and generous expensing and depreciation rules for businesses. Non-corporate taxpayers with certain income from pass-through entities would still be entitled to a valuable Qualified Business Income (QBI) deduction, and eligible passthrough entities would still be able to take advantage of California’s Passthrough Entity Elective Tax (PEET) credit. These rules are scheduled to be in place through 2025, with the tax law reverting to generally higher tax obligations for most taxpayers in 2026 if Congress does not make affirmative tax law changes in the time ahead.

We have divided our commentary between business and individual considerations below:

BUSINESS

Consider Establishing a Tax-favored Retirement Plan

If your business doesn’t already have a retirement plan, now might be the time to take the plunge. Current rules allow for significant deductible contributions, and California requires most businesses with employees to establish a work-sponsored retirement plan or enroll in Calsavers..

  • For example, if you are self-employed and set up a SEP plan for yourself, you can contribute up to 20% of your net self-employment income, with a maximum contribution of $66,000 for 2023. If you are employed by your own corporation, up to 25% of your salary can be contributed, with a maximum contribution of $66,000 for 2023.

  • Other small business retirement plan options include the 401(k) plan, which can be set up for just one person; the defined benefit pension plan; and the SIMPLE-IRA, which can be a good choice if your business income is modest. Depending on your circumstances, non-SEP plans may allow bigger deductible contributions.

  • There May Still Be Time to Establish a Plan and Make a Deductible Contribution for Last Year. The general deadline for setting up a tax-favored retirement plan, such as a SEP or 401(k) plan, is the extended due date of the tax return for the year you or the plan sponsor want to make the initial deductible contribution. For instance, if your business is a sole proprietorship or a single-member LLC that is treated as a sole proprietorship for federal income tax purposes (Schedule C), you have until 10/15/24 to establish a plan and make the initial deductible contribution if you extend your 2023 Form 1040.

  • Evaluate Your Options. Contact us for more information on small business retirement plan alternatives, and be aware that if your business has employees, you may have to cover them too.

Take Advantage of Generous Depreciation Tax Breaks

Current federal income tax rules allow generous first-year depreciation write-offs for eligible assets.

  • Section 179 Deductions. For qualifying property placed in service in tax years beginning in 2023, the maximum allowable Section 179 deduction is $1.16 million. Most types of personal property used for business are eligible for Section 179 deductions, and off-the-shelf software costs are eligible too.

    Section 179 deductions also can be claimed for certain real property expenditures called Qualified Improvement Property (QIP). QIP includes any improvement to an interior portion of a nonresidential building that is placed in service after the date the building is first placed in service, except for expenditures attributable to the enlargement of the building, any elevator or escalator, or the building’s internal structural framework.

    Note that Section 179 deductions also can be claimed for qualified expenditures for roofs, HVAC equipment, fire protection and alarm systems, and security systems for nonresidential real property. To qualify, these items must be placed in service after the nonresidential building has been placed in service.

    Section 179 deductions can’t cause an overall business tax loss, and deductions are phased out if too much qualifying property is placed in service in the tax year. The Section 179 deduction limitation rules can get tricky if you own an interest in a pass-through business entity (partnership, LLC treated as a partnership for tax purposes, or S corporation).

  • First-year Bonus Depreciation. 80% first-year bonus depreciation is available for qualified new and used property that is acquired and placed in service in calendar-year 2023. That means your business might be able to write off 80% of the cost of some or all of your 2023 asset additions on this year’s return.

  • De minimis Safe Harbor Election to Fully Deduct Purchases below a Threshold Amount. Taxpayers can elect to expense the costs of lower-cost assets provided the costs aren’t required to be capitalized under the UNICAP rules. Taxpayers that have an Applicable Financial Statement (AFS) can deduct units of property valued at up to $5,000. For taxpayers without an AFS, the de minimis safe harbor threshold is $2,500 per unit of property. An AFS is (1) a Form 10-K, (2) an audited financial statement used for obtaining credit, reporting to owners, or other substantial nontax purposes, or (3) a financial statement other than a tax return required to be provided a federal or state government or agency (other than the IRS or SEC).

    Note: Small taxpayers meeting the three-year average gross receipts test threshold of $29 million in 2023 are not required to apply the UNICAP rules.

Bottom Line: To take advantage of favorable federal income tax depreciation rules, consider making eligible asset acquisitions between now and year end. The bonus depreciation percentage decreases to 60% for assets placed in service in 2024. So, if you are thinking about acquiring qualifying assets, getting them placed in service in 2023 rather than 2024 means that the higher bonus depreciation rate will apply.

Time Business Income and Deductions for Tax Savings

If you conduct your business as a sole proprietorship or using a pass-through entity (S corporation, partnership, or LLC classified as such), your shares of the business’s income and deductions are taxed at your personal rates. Assuming no legislative changes, next year’s individual federal income tax rates will be the same as this year’s, with significant bumps in the rate bracket thresholds thanks to inflation adjustments.

The traditional strategy of deferring income into next year while accelerating deductible expenditures into this year makes sense if you expect to be in the same or lower tax bracket next year. Deferring income and accelerating deductions will, at a minimum, postpone part of your tax bill from 2023 until 2024. And, after the inflation adjustments to 2024 rate bracket thresholds, the deferred income might be taxed at a lower rate. That would be nice!

On the other hand, if you expect to be in a higher tax bracket in 2024, take the opposite approach. Accelerate income into this year (if possible) and postpone deductible expenditures until 2024. That way, more income will be taxed at this year’s lower rate instead of next year’s higher rate.

  • Timing of Year-end Bonuses. Year-end bonuses to employees other than passthrough entity owners can be timed for maximum tax effect by both cash and accrual basis employers. Cash basis taxpayers should pay bonuses before year end to maximize the deduction available in 2023 if they expect to be in the same or lower tax bracket next year. Cash basis taxpayers that expect to be in a higher tax bracket in 2024 because of significant revenue increases, should wait to pay 2023 year-end bonuses until January 2024. Accrual basis taxpayers deduct bonuses in the year when all events related to the bonuses are established with reasonable certainty. However, for accrual basis taxpayers, the bonus must be paid no later than 2 ½ months of the accrual year end for a current year deduction (by March 15 for calendar year- end taxpayers). Accrual method employers who want to defer deductions to a higher-taxed future year should consider changing their bonus plans before year-end to set the payment date later than the 2 ½ month window or consider changing the bonus plan’s terms to make the bonus amount indeterminable at year end.

    For employee owners of passthrough S-corporations, there are additional considerations which impact the timing and extent of compensation. Contact our office for details.

State Income Tax Deduction Work-around

The pass-through state income tax deduction essentially allows business owners to deduct personal state income tax generated by their pass-through business income. This deduction allows a pass-through entity to elect to pay the state income tax due on the business income that would otherwise be paid on the owner’s personal tax returns. The federal itemized deduction cap of $10,000 ($5,000 if MFS) for state and local taxes doesn’t apply when a pass-through entity pays state and local tax on its earnings at the entity level. As of 2023, 36 states (including California) and one locality have passed legislation allowing the pass-through tax deduction work-around. Please review our earlier commentary on California’s Passthrough Entity Elective Tax (PEET) credit and consider getting our help to make a PEET payment for 2023 before year end to advance the related deduction.

Maximize the Qualified Business Income (QBI) Deduction

The QBI deduction remains in place for 2023. We discussed this deduction earlier at our linked commentary for pass-through businesses and real estate activities. For tax years through 2025, the deduction can be up to 20% of a pass-through entity owner’s QBI, subject to restrictions that can apply at higher income levels and another restriction based on the owner’s taxable income.

For QBI deduction purposes, pass-through entities are defined as sole proprietorships, single-member LLCs that are treated as sole proprietorships for tax purposes, partnerships, S corporations, and LLCs that are classified as partnerships or S corporations for tax purposes.

For 2023, if taxable income exceeds $364,200 for taxpayers that are married filing jointly ($182,100 for others), the QBI deduction is limited if the taxpayer is engaged in a Specified Service Trade or Business (SSTB) - such as law, accounting, health, or consulting. At that income level, the deduction may be limited to all pass-through entity owners by the amount of W-2 wages paid by the business, and/or the unadjusted basis of qualified property (such as machinery and equipment) held by the business. The limitations are phased in; for example, the limits start to apply to joint filers when taxable income exceeds $364,200 and are fully phased in when taxable income is $100,000 above the threshold. For other filers, the limits are fully phased in when taxable income is $50,000 above their threshold. The phase in range ends at $464,200 for married filing jointly filers and at about half that for all others.

Taxpayers near or above these thresholds may benefit from accelerating deductions, deferring discretionary income, or making deductible retirement plan contributions to stay below these thresholds. For non-SSTBs with income exceeding the thresholds, consider increasing W-2 compensation from the business before the end of the year to get the maximum QBI deduction.

The QBI deduction is only available to individuals, trusts, and estates.

Claim 100% Gain Exclusion for Qualified Small Business Stock

There is a 100% federal income tax gain exclusion for eligible sales of Qualified Small Business Corporation (QSBC) stock that was acquired after 9/27/10. QSBC shares must be held for more than five years to be eligible for the gain exclusion. Contact us if you think you own stock that could qualify for the break.

Also, contact us if you are considering establishing a new corporate business the stock of which might be eligible for the gain exclusion. Advance planning may be required to lock in the exclusion privilege.

Social Security Wage Base

To help gauge some of your tax planning moves, the Social Security wage base (the maximum earned income that Social Security tax of a combined 12.4% is assessed upon) will be $168,600 for 2024. The Social Security wage base was $160,200 for 2023.

INDIVIDUALS

Check Your Tax Withholding and Estimated Payments

If your income is likely to be much higher in 2023 than it was in 2022, you should consider adjusting your Federal income tax withholding from any paychecks and your estimated tax payments to account for the difference. Otherwise, you might have a much larger tax bill than expected and may be exposed to an underpayment penalty.

Note: You will avoid an underpayment finance charge for 2023 if your 2023 tax payments (estimated taxes and withholding) are at least equal to your 2022 tax liability [110% of that amount if your 2022 AGI is more than $150,000 ($75,000 if you file MFS)] or, if less than 90% of your 2023 tax.

Taxes that are withheld from wages are considered paid ratably over the year no mater when the withholdings are actually submitted. Conversely, making an estimated tax payment reduces the underpayment from the time the payment is made. So, if it turns out you had unexpected income or gains early this year, you can increase your withholding for the rest of the year to reduce or eliminate your underpayment from earlier quarters. The IRS’s “Tax Withholding Estimator,” available at www.irs.gov/individuals/tax-withholding-estimator can be used to see if you need to adjust your withholding, or you can contact our office for additional assistance.

Consider Bunching Itemized Deductions

You can deduct the greater of your itemized deductions (mortgage interest, charitable contributions, medical expenses, and taxes) or the standard deduction. The 2023 standard deduction is $13,850 for singles and individuals who are Married Filing Separately (MFS), $27,700 for couples Married Filing Jointly (MFJ), and $20,800 for Heads of Household (HOH). If your total itemizable deductions for 2023 will be close to your standard deduction, consider timing your itemized deduction items between now and year-end. The idea is to “bunch” your itemized deductions, so they exceed your standard deduction every other year. Paying enough itemizable deductions in 2023 to exceed your standard will lower this year’s tax bill, and next year you can claim the standard deduction, which will be increased to account for inflation.

  • For example, assume your filing status is MFJ and your itemized deductions are fairly steady at around $25,000 per year. In that case, you would end up claiming the standard deduction each year. But, if you can bunch expenditures so that you have itemized deductions of $30,000 in 2023 and $20,000 in 2024, you could itemize in 2023 and get a $30,000 deduction versus a $27,700 standard deduction. In 2024, your itemized deductions would be below the standard deduction (which adjusted for inflation will be at least $27,700), so for that year, you would claim the standard deduction. If you manage to exceed the standard deduction every other year, you’ll be better off than if you just settle for the standard deduction each year.

  • If you have a home mortgage, you can bunch itemized deductions into 2023 by making your house payment due on January 1, 2024, in 2023. Accelerating that payment into this year will give you 13 months’ worth of interest in 2023. There are limits on the amount of home mortgage interest you can deduct. Generally, in 2023, you can deduct interest expense on up to $375,000 [$750,000 if married filing jointly (MFJ)] of a mortgage loan used to acquire your home. More generous rules apply to mortgages (and home equity debt) incurred before December 15, 2017. Check with us if you are not sure how much home mortgage interest you can deduct.

  • Timing your charitable contributions is another simple way to get your itemized deductions into the year you want them.

  • To a certain extent, you can also choose the year you pay state and local income and property taxes. Taxes that are due in early 2024 (such as fourth quarter state estimated tax payments in many states) can be paid in 2023. Likewise, property tax bills are often sent out before year-end, but not due until the following year. Prepaying those taxes before year-end so that your itemized deductions exceed your standard deduction can decrease your 2023 federal income tax bill because your total itemized deductions will be that much higher. However, note that the deduction for state and local taxes is limited to $10,000 ($5,000 if you are married filing separately). So, if your state and local tax bill is close to or over that limit, prepaying taxes may not affect your total itemized deductions. A prepaid property tax will likely still give you a California tax benefit. California does not have the same $10,000/$5,000 tax deduction limit as federal.

  • Finally, consider accelerating elective medical procedures, dental work, and vision care in 2023. For 2023, medical expenses can be claimed as an itemized deduction to the extent they exceed 7.5% of your Adjusted Gross Income (AGI).

Note: If your itemized deductions exceed your standard deduction every year, the conventional wisdom of paying them before year-end, to get your deduction in 2023 rather than 2024 applies, especially if you think that interest rates will increase. The higher the interest rate, the more interest you can earn on the taxes you manage to defer.

Manage Investment Gains and Losses

It’s a good idea to look at your investment portfolio with an eye to selling before year-end to save taxes. But remember that selling investments to generate a tax gain or loss doesn’t apply to investments held in a retirement account or IRA where the gains and losses are not currently taxed.

  • Sometimes, it makes tax sense to sell appreciated securities that have been held for over 12 months. The federal income tax rate on the long-term capital gains recognized in 2023 is only 15% for most individuals, but it can reach the maximum 20% rate at higher income levels. The 3.8% Net Investment Income Tax (NIIT) can apply at higher income levels. Even so, the highest tax rate on long-term capital gains (23.8%) is still far less than the 37% maximum tax rate on ordinary income. And, to the extent you have capital losses that were recognized earlier this year or capital loss carryovers from earlier years, those losses may absorb any additional tax if you decide sell stocks at a gain this year.

  • You should also consider selling stocks that are worth less than your tax basis in them (typically, the amount you paid for them). Taking the resulting capital losses this year would shelter capital gains, including short-term capital gains, which are taxed at ordinary income tax rates, resulting from other sales this year. But consider the wash sale rules. If you sell a stock at a loss, and within the 30 day period before or the 30 day period after the sale date you acquire substantially identical securities, the loss is suspended until you sell the identical securities.

  • If you sell enough loss stock that capital losses exceed your capital gains, the resulting net capital loss for the year can be used to shelter up to $3,000 ($1,500 if MFS) of 2023 ordinary income from salaries, bonuses, self-employment income, interest, royalties, etc. Any excess net capital loss from this year is carried forward to next year and beyond.

  • Having a capital loss carryover into next year and beyond could be a tax advantage. The carryover can be used to shelter both short-term gains and long-term gains. This can give you some investing flexibility in those years because you won’t have to hold appreciated securities for over a year to get a lower tax rate on any gains you trigger by selling, since those gains will be sheltered by the capital loss carryforward.

Of course, nontax considerations must be considered when deciding to sell or hold a security. If you have stock that has fallen in value, but may recover, you might want to keep it rather than trigger the capital loss. Assume that after all factors are considered, you decide to take some capital gains and/or losses to minimize your 2023 taxes. Afterward, you should make sure your overall asset portfolio is still allocated to the types of investments you want based on your investment objectives. You may have to rebalance your portfolio. When you do, be sure to consider investment assets held in taxable brokerage accounts, as well as those held in tax-advantaged accounts like IRAs and 401(k) plans.

Make Your Charitable Giving Plans

  • Donor-advised funds - If you would like to reduce your 2023 taxable income by making charitable donations, but don’t have a specific charity or charities that you are comfortable making large donations to, you can make a contribution to a donor-advised fund instead. Donor-advised funds (also known as charitable gift funds or philanthropic funds) allow you to make a charitable contribution to a specific public charity or community foundation that uses the assets to establish a separate fund to receive grant requests from charities seeking distributions from the advised fund. Donors can suggest (but not dictate) which grant requests should be honored. You claim the charitable tax deduction in the year you contribute to the donor-advised fund but retain the ability to recommend which charities will benefit for several years. If you have questions or want more information on donor-advised funds, please give us a call.

  • Donating appreciated stock - Another tax-advantaged way to support your charitable causes is to donate appreciated assets that were held for over a year. If you give such assets to a public charity, you can deduct the full fair market value of the donated asset while avoiding the tax you would have paid had you sold the asset and donated the cash to the charity. Charitable gifts of appreciated property to a private nonoperating foundation are generally only deductible to the extent of your basis in the asset. But there’s an exception for qualified appreciated stock (generally, publicly traded stock), which can qualify for a deduction equal to its fair market value if it's donated to a private nonoperating foundation.

  • Qualified Charitable Distribution from Retirement Accounts - If you are age 70½ or older, consider a direct transfer from your IRA to a qualified charity [known as a Qualified Charitable Distribution (QCD)]. While you will not be able to claim a charitable donation for the amount transferred to the charity, the QCD does count toward your Required Minimum Distribution (RMD). If you don’t itemize, that’s better than taking a fully taxable RMD and then donating the amount to charity with no corresponding deduction. Even if you do itemize and would be able to deduct the full amount transferred to the charity, the QCD does not increase your Adjusted Gross Income (AGI), while a RMD would. Keeping your AGI low can decrease the amount of your Social Security benefits that are taxable, as well as avoid or minimize the phaseout of other favorable tax provisions based on AGI.

Caution: If you are over age 70½ and you’re still working in 2023, you can contribute to a traditional IRA. However, if you’re considering a QCD for 2023 (or a later year), making a deductible IRA contribution for years you are age 70½ or older will affect your ability to exclude future QCDs from your income.

Planning Tip: To get a QCD completed by year-end, you should initiate the transfer before December 31. Talk to your IRA custodian, but making the transfer no later than mid-December is probably a good idea.

Convert Traditional IRAs into Roth Accounts

Because you must pay tax on the conversion as if the traditional IRA had been distributed to you, converting makes the most sense when you expect to be in the same or higher tax bracket during your retirement years. If that turns out to be true, the current tax hit from a conversion this year could be a relatively small price to pay for completely avoiding potentially higher future tax rates on the account’s post-conversion earnings. In effect, a Roth IRA can insure part or all of your retirement savings against future tax rate increases.

Planning Tip: If the conversion triggers a lot of income, it could push you into a higher tax bracket than expected. One way to avoid that is to convert smaller portions of the traditional IRA over several years. Of course, this delays getting funds into the Roth IRA where they can be potentially earning tax-free income. There is no one answer here. But keep in mind that you do not have to convert a traditional IRA into a Roth all at once.

Also consider that a ROTH IRA is a better asset for your heirs to inherit. Distributions from your regular IRA would be taxable to your heirs, and must be distributed subject to Required Minimum Distribution rules. ROTH IRA distributions will not be taxable to your heirs . Will your heirs be in a lower tax bracket than you are in today? Do you expect to have your retirement accounts last longer than you? Contact our office for help with tax planning if either asset is yes.

Take Advantage of the Annual Gift Tax Exclusion

The basic estate, gift, and generation skipping transfer tax exclusion is scheduled to fall from $12.06 million ($24.12 million for married couples) in 2022 to $5 million ($10 million for married couples) in 2026. Those amounts will be adjusted for inflation, but the long and short of it is that many estates that would escape taxation before 2026 will be subject to estate tax after 2025. If you think your estate may be taxable, annual exclusion gifts (perhaps to children or grandchildren) are an easy way to reduce your taxable estate. The annual gift exclusion allows for tax-free gifts that don’t count toward your lifetime gifting exemption. For 2023, you can make annual exclusion gifts up to $17,000 per donee, with no limit on the number of donees. If you are married, you and your spouse can elect to gift split, so that a gift that either one of you makes is considered to be made one half by each spouse.

In addition to potentially reducing your taxable estate, many individuals gift income producing assets to children (or other loved ones) to shift the income from the asset to someone in a lower tax bracket. But, if you give assets to someone who is under age 24, the Kiddie Tax rules could potentially cause some of the resulting capital gains and dividends to be taxed at your higher marginal federal income tax rate.

If you are gifting investment assets, avoid gifting assets currently worth less than what you paid for them. The donee’s basis for recognizing a loss is the lower of your basis or the property’s FMV at the date of the gift. So, in many cases, the loss that occurred while you held the asset may go unrecognized. Instead, you should sell the securities and take the resulting tax loss. Then, give the cash to your intended donee.

Planning Tip: If you think you will be exposed to estate tax in the future, we can work with you and an estate planning attorney on an estate plan. Estate planning involves a lot more than avoiding the Federal estate tax. Sound estate planning ensures that your assets go where you want them, considering your desires, family members’ needs, and charitable giving, among other things.

If you would like our assistance with your specific yearend tax planning, or more information on these or other tax topics of interest to you, please contact our office.

—McAvoy + Co, CPA

2023 Clean Energy Vehicle Credit Updates

Starting January 1, 2024, if you purchase either a new or used qualifying clean vehicle for personal use, then you can claim the Clean Vehicle Credit directly at the dealership at the point of sale. This federal law change can provide a great benefit to help you purchase a qualifying clean vehicle, but there are some important tax considerations you must understand. 

First, the credit you receive at the dealership is treated as an advance on a credit that you would otherwise claim on your federal income tax return. This is because the IRS pays the dealer the amount of the credit, up to $7,500 ($4,000 for used vehicles), and the dealer passes the credit on to you. Most dealers will encourage you to use the credit as part of your down payment for the vehicle. 

Because the credit is an advance on a federal income tax credit, you must report the vehicle purchase and reconcile the credit on your personal income tax return at the end of the year.  

The credit available for new vehicles requires that your adjusted gross income is equal to or less than $300,000 for either the year you purchase the vehicle or the prior year if you are married filing a joint return ($225,000 for head of household filers and $150,000 for all others). The income limitation for used vehicles is half of these amounts for your filing status.  

If your income is above the income limitation for both the year of purchase and the prior year, then any advanced credit you claim at the dealership must be repaid when you file your income tax return. 

Second, the IRS will require dealerships to collect more information from you than they ordinarily would when selling a car. This additional information is provided to the IRS to help limit vehicle credit fraud. If you are uncomfortable with providing the additional information, then you are not required to claim the advanced credit at the dealership. You can wait until you file your income return to claim the credits if you want. However, if your overall tax liability is very low, it’s possible that claiming the credit at the dealership will provide a greater benefit to you. 

If you claim the credit at the dealership, the dealership should submit your advanced credit application to the IRS and receive approval instantly. Be sure you obtain a copy of this credit approval before you complete the purchase. If your advanced credit application is denied by the IRS, then you cannot claim a tax credit for the vehicle when you file your income tax return. 

The IRS has also created special rules related to the number of advanced credits you can claim each year, what happens if you return or resell an eligible vehicle within 30 days of taking delivery, eligibility for taxpayers who marry or divorce, and the availability of the credit for taxpayers who can be claimed as a dependent by someone else.  

If you plan on purchasing more than two clean vehicles during the year, returning or reselling a vehicle within 30 days of purchase, will change your filing status from last year, or if one of your dependents plans on purchasing a qualifying vehicle, our office may be able to assist with evaluating the tax consequences to you. 

—McAvoy + Co, CPA

FinCEN Entity Beneficial Owner Reporting

Starting in 2024 newly formed, corporations, limited liability companies (LLCs), limited partnerships, and other entities that file formation papers with a state’s Secretary of State’s office (or similar government agency) must file a report with the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) providing specified information regarding the entity’s “beneficial owners.” Entities in existence prior to January 1, 2024, must begin filing these reports by January 1, 2025. Entities with 20 full-time US employees, with a US physical office, AND that showed more than $5m of US gross receipts on the prior year tax return are exempt from this filing requirement. Most tax-exempt organizations, as well as a handful of other specific entity-types don’t have to file, but most small entities will be required to file.

This is part of the federal government’s anti-money laundering and anti-tax evasion efforts and is an attempt to look beyond shell companies that are set up to hide money. Unfortunately, this will impose burdensome reporting requirements on most businesses, and the willful failure to report information and timely update any changed information can result in significant fines of up to $500 per day until the violation is remedied, or if criminal charges are brought, fines of up to $10,000 and/or two years imprisonment. These penalties can be imposed against the beneficial owner, the entity, and/or the person completing the report.

Beneficial owners are broadly defined and include owners who directly or indirectly own more than 25% of the entity’s ownership interests or exercise substantial control over the reporting company (even if they don’t actually have an ownership interest). While this may seem to only impact a few significant owners, it can encompass many senior officers of the business as well as those individuals who are involved in any significant business decisions (e.g., board members). Given the severity of the fines, it may be safer to err on the side of overinclusion rather than underinclusion.

For entity’s formed after 2023, information will also have to be provided about the company applicants (the person who actually files the formation/registration papers and the person primarily responsible for directing or controlling the filing of the documents).

The types of information that must be provided (and kept current) for these beneficial owners include the owner’s legal name, residential address, date of birth, and unique identifier number from a nonexpired passport, driver’s license, or state identification card. The entity will also have to provide an image of any of these forms of documentation to FinCEN for all beneficial owners.

Most entities must file these reports by January 1, 2025. However, entities formed in 2024 and later years must file the report within 30 days of the entity’s formation, although there is a proposal to extend this to 90 days for entities formed in 2024 only.

Should any of the reported information change or a beneficial ownership interest be sold or transferred, the entity must report this information within 30 days of the change or face the potential of having the penalties described above imposed. Changes include reporting a beneficial owner’s change of address or name, a new passport number when a passport is replaced or renewed, or providing a copy of a renewed driver’s license.

FinCEN has some Frequently Asked Questions and answers on their website that may provide helpful guidance.

If you would like more information on this topic or another tax topic of interest to you, please contact our office.

—McAvoy + Co, CPA

SECURE 2.0 Act

Dear Tax Constituent:

In the last days of 2022, the President signed the SECURE 2.0 Act into law. Among the more than 90 provisions of the new law, the following are items that we found significantly relevant. The SECURE 2.0 Act:

  • Increases the age for mandatory Required Minimum Distributions (RMDs) from age 72 to age 73 starting in 2023, and to age 75 starting in 2033;

  • Increases 401(k) and 403(b) plan catch-up contribution limits;

  • Requires all catch-up contributions to qualified retirement plans by employees with compensation in excess of $145,000 (indexed) be subject to mandatory Roth tax treatment (after-tax), effective for post-2023 taxable years;

  • Increases the annual contribution for employee deferral and catch-up contributions to SIMPLE plans by 10% (employers with more than 25 employees would also have to increase their matching contributions) and allows employers to make additional nonelective contributions to SIMPLE plans, effective beginning with the 2024 taxable year;

  • Allows for the creation of Roth SIMPLE IRAs and Roth SEP IRAs beginning with the 2023 taxable year;

  • Removes the RMD requirement for employer-sponsored Roth accounts, such as Roth 401(k)s, while the owner is alive. All inherited Roth accounts will continue to be subject to RMD requirements;

  • Allows sole proprietors (and SMLLCs) who set up solo 401(k) plans after the end of the taxable year to make both deferral and matching contributions by the due date of the owner’s income tax return;

  • Replaces the IRC §25B Qualified Retirement Savings Contribution Credit with a federal government matching fund program for low and middle-income individuals that contribute to a qualified retirement program, effective beginning with the 2027 taxable year;

  • Makes it easier for an individual to purchase a qualifying longevity annuity contract (QLAC) with retirement savings by easing current limitations;

  • Allows penalty-free rollovers from IRC §529 accounts that have been open for more than 15 years to Roth IRAs (subject to annual Roth contribution limits and a $35,000 lifetime cap), effective for distributions made after 2023;

  • Expands the list of exceptions from the 10% early withdrawal penalty for various types of retirement distributions including:

    • Qualified long-term care premium distributions,

    • Domestic abuse

    • Terminal illness

    • Presidential declared disasters;

For employers, the SECURE 2.0 Act also:

  • Mandates automatic enrollment for new 401(k) and 403(b) plans offered by employers (with the option for employees to opt out) for plan years beginning after 2023;

  • Allows for employers to match employee student loan repayments with a contribution to the employee’s qualified retirement account, effective for post-2023 plan years;

  • Allows 401(k), 403(b), and 457(b) matching employer contributions to be designated as Roth contributions;

  • Expands the mandated 401(k) coverage for long-term, part-time workers enacted by the SECURE Act by shortening the three years of service eligibility rule to two years, effective for plan years beginning after 2024. Pre-2021 service is disregarded for vesting and eligibility determinations. This mandate is extended to 403(b) plans as well;

  • Allows employers to replace SIMPLE retirement accounts with safe harbor 401(k) plans that require mandatory employer contributions, effective for post-2023 plan years;

  • Allows some new qualifying plans to be adopted for the tax year up to the tax filing deadline; and

  • Expands the credit for small employer plan start up costs to 100% of costs for employers with up to 50 employees, to a maximum credit of $5,000, and provides an additional credit for qualifying employer contributions starting with 2023 plan years.

Keep in mind that these are general conceptual provisions. The specifics of each item may include limitations, qualifications, and plan amendments to be effective.

If you would like more information on this topic or another tax topic of interest to you, please contact our office.

McAvoy + Co, CPA