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Since the recent signing into law of the Tax Cuts and Jobs Act on December 22, 2017, the CK team has received many inquiries about its effect on future tax burdens. According to a recent survey from HubSpot, 88.5% of small businesses don’t understand the full impact of the tax bill. It’s apparent that business owners are seeking more clarity. As your trusted business advisors, we hear you loud and clear. To help you get through this transition, we will be posting our latest insights into the effects of the new law. You can subscribe here to receive our weekly email updates.
This week we are examining a provision in the new law that could cause a tax increase – the new limitation on business interest.
What is an electing real property trade or business?
A real property trade or business is “any real property development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing, or brokerage trade or business.” The IRS will allow these real property businesses to elect out of the interest deduction limitation via an annual irrevocable election. The cost for doing so? The real property business must apply ADS depreciation rather than the usual MACRS methods, which means longer depreciable lives and limitations on bonus depreciation.
Adjusted taxable income generally means the business’ taxable income without regard to:
Any business interest not deductible due to these limitations will carry forward to the following tax year.
We expect these provisions will impact our clients with multiple entities and large amounts of financed capital expenditures the most. Given that interest rates are expected to rise, this valuable interest deduction will need to be looked at in terms of how companies decide to finance and capitalize their operations.
Keep in mind that these rules apply for tax years beginning after December 31, 2017. If you have questions in the interim, please call us at 630-953-4900.