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Tax Reform: The Senate Tax Proposal


The Tax Cut and Jobs Act (H.R. 1) was passed by the
Senate on December 2, 2017. The bill contains some
elements of the House tax reform blueprint, the Better
Way, released in 2016.

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In general, the individual tax revisions would expire after
2025, except for the change in inflation indexing and the
reduction in penalties for not having health insurance.

The bill would replace the current seven rate brackets (10%,
15%, 25%, 28%, 33%, 35%, and 39.6%) with tax rates of
10%, 12%, 22%, 24%, 32%, 35%, and 38.5%. The rate
brackets indicate that the 10% rate will apply to about the
same amount of taxable income as in current law and that
the income currently taxed at 15% would be taxed at 12%.
The current top rate of 39.6% applies to taxable income
above $470,700, but the 38.5% rate in the bill would not
apply until $1 million of taxable income for joint returns of
married couples ($500,000 for other returns).

The bill would alter some of the elements related to family
size and structure by eliminating personal exemptions and
allowing a larger standard deduction, $24,000 for joint
returns and $12,000 for singles for 2018, adjusted for
inflation for the following years. The bill would increase
the current child credit of $1,000 by $1,000 (although the
additional credit would be nonrefundable). The age limit
would be increased by a year to under 18 through 2024. The
maximum share refundable would be indexed for inflation.
A nonrefundable credit of $500 for non-child dependents
would be allowed. The credits would be phased out at
higher income levels of $500,000 for joint filers. The
current personal exemption is $4,050 per person for 2017,
and the current standard deductions are $12,700 for joint
returns and $6,350 for single returns. Exemptions for the
alternative minimum tax would be increased by 40% (for
example, from $78,750 to $109,400 for joint returns).

For the individual income tax, the bill would broaden the
base by disallowing most itemized deductions except for
mortgage interest (limited to interest on mortgages of $1
million as in current law but with no deduction for interest
on home equity loans), property taxes (up to $10,000),
charitable contributions deductions, and medical expense
deductions (lowering the floor from 10% to 7.5% of
income). The deductions for other state and local taxes,
casualty losses (except for certain disasters), and other
minor provisions would be eliminated. The moving expense
deduction (an above-the-line deduction) would be
eliminated (other than for members of the armed forces).

The current earned income credit and tax rates on capital
gains and dividends are not changed.


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Updated December 4, 2017


Some items currently excluded from income would be
included-for example, the employer-provided exclusion
for moving expenses and gain from sale of a home for those
who have lived in their homes less than five years.

The bill also uses the chained Consumer Price Index (CPI)
measure of inflation to index rate brackets and other
parameters such as the standard deduction. Although many
economists believe that this measure is a better measure of
inflation, using it would have the effect of raising taxes
compared with using the regular CPI.

The bill would reduce penalties for not purchasing health
insurance to zero.

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Some of these provisions would expire after 2025,
including the deduction for unincorporated businesses.

The bill would reduce the corporate tax rate from 35% to
20% and allow a 23% deduction for businesses that are
taxed under the individual income tax as pass-throughs,
including proprietorships, partnerships, or Subchapter S
corporations (corporations with a small number of
shareholders that elect to be taxed at individual rates). The
23% deduction sunsets after 2025. The deduction does not
apply to specified service businesses (such as health or law)
except for those under a taxable income ceiling of no more
than $500,000 for a joint return and $250,000 for others.
The deduction applies to qualified business income and
does not include amounts paid by an S corporation as
compensation or amounts distributed by a partnership for
services. For partnerships or S corporations, the deduction
is limited to 50% of wages allocable to business income for
those above the taxable ceiling. Business losses that can be
passed through are limited to $500,000 for joint returns and
$250,000 for others, indexed for inflation.

Under current law, up to $500,000 in equipment can be
expensed, phased out after $2 million in spending. The bill
would increase the limit to $1 million with a phase-out after
$2.5 million. The bill allows all equipment to be expensed
through 2022 with public utility property excluded, with a
phase-out of the share expensed over the next four years
(80%, 60%, 40% and 20%). Nonresidential real property
and residential rental property could be depreciated over 25
years. Qualified leasehold, qualified restaurant, and
qualified retail improvement property could be depreciated
over 10 years. Deductions for excess interest for
corporations would be more limited than in present law.
Research and experimentation costs would be depreciated
over five years rather than expensed, after 2025.

The bill would repeal the Section 199 production activity
deduction. It would disallow carrybacks of net operating


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