West Virginia Executive Spring 2018 | Page 35

Individuals’ Itemized Deductions of Non-Business Taxes There are new limitations in place re- garding itemized deductions of non-busi- ness taxes for individuals—specifically, how they relate to the taxpayer’s ability to use various state, local and foreign real and personal property taxes and income/ profit taxes as itemized deductions. Deductions for state and local taxes paid by individual taxpayers are now capped at $10,000. Limitations do not apply to businesses. Changes to Tax Treatment of Alimony The new tax law features significant changes to the tax treatment of alimony. For divorces and legal separations execut- ed after 2018, the alimony-paying spouse will no longer be able to deduct the pay- ments, and the alimony-receiving spouse will not include payments in gross income. These rules do not apply to existing di- vorces and separations, unless parties agree otherwise and the court approves. Changes to Deductions for Interest on a Home Mortgage There are new changes to deductions for interest on home mortgages. The limit on qualifying acquisition debt on a prin- cipal residence or second home is reduced from $1 million to $750,000. This reduced limit does not apply to debt refinanced before 2018. The deduction for interest on home equity debt has been eliminat- ed, and this is applicable regardless of when the home equity debt was incurred. Child Tax Credit and New Credit for Other Dependents The Child Tax Credit has been doubled to $2,000 per qualifying child under the age of 17. The refundable portion has also been increased to $1,400 per qualifying child. The phase-out threshold of adjust- ed gross income, or AGI, has been raised as well, from $110,000 to $400,000 for qualifying taxpayers identified as married filing jointly. The threshold is $200,000 for all other qualifying taxpayers. In order to claim the credit for a qualifying child, the child’s social security number must be included on the tax return. 529 Accounts Used for Elementary or Secondary School Tuition A 529 plan distribution is tax-free if it is used to pay qualified higher education expenses of the beneficiary, which is the student. Prior to the new law, tuition for elementary or secondary schools wasn’t a qualified higher education expense. The changes provide that qualified higher education expenses now include expenses for tuition at an elementary or second- ary public, private or religious school. There is a $10,000 limit on the amount of tax-free distribution from a 529 plan for these newly qualified expenses. Changes to the Estate and Gift Tax Exemption Modifications to the estate and gift tax exemption will result in fewer estates being subject to the 40 percent tax and larger estates owing less tax. The base estate and gift tax exemption is doubled from $5 million to $10 million and indexed for inflation. New tax rates resulting from this leg- islation did not affect Calendar Year 2017 returns but immediately affected the amount of wage withholding and the amount, if any, of estimated tax in- dividuals will pay in 2018. Capital gains rates and brackets will generally remain the same. The Impact on Businesses As with individuals, there are now sig- nificant new rules in place for businesses, including: • The reduction of the corporate tax rate from 35 percent to 21 percent • The entire repeal of the alternative minimum tax for corporations • The creation of new fringe benefit rules, including no deduction for business-related entertainm