529 Plan Changes

The Tax Cuts and Jobs Act (TCJA) has made some changes to qualified tuition programs (“QTPs,” also commonly known as “529 plans”) that you might be interested in. These changes take effect for 529 plan distributions after 2017.

As you know, a 529 plan distribution is tax-free if it is used to pay “qualified higher education expenses” of the beneficiary (student). Before the TCJA made these changes, tuition for elementary or secondary schools wasn’t a “qualified higher education expense,” so students/529 beneficiaries who had to pay it couldn’t receive tax-free 529 plan distributions.

The TCJA provides that qualified higher education expenses now include expenses for tuition in connection with enrollment or attendance at an elementary or secondary public, private, or religious school. Thus, tax-free distributions from 529 plans can now be received by beneficiaries who pay these expenses, effective for distributions from 529 plans after 2017.

There is a limit to how much of a distribution can be taken from a 529 plan for these expenses. The amount of cash distributions from all 529 plans per single beneficiary during any tax year can’t, when combined, include more than $10,000 for elementary school and secondary school tuition incurred during the tax year.

As you can see, the new 529 plan rules might be beneficial to you. If you wish to discuss the impact of them on your particular situation, please give us a call.

Alimony Deduction

The Tax Cuts and Jobs Act (TCJA) has made changes to the tax treatment of alimony that you will be interested in. These changes take effect for divorces and legal separations after 2018.

Current rules. Under the current rules, an individual who pays alimony may deduct an amount equal to the alimony or separate maintenance payments paid during the year as an “above-the-line” deduction. (An “above-the-line” deduction, i.e., a deduction that a taxpayer need not itemize deductions to claim, is more valuable for the taxpayer than an itemized deduction.)

And, under current rules, alimony and separate maintenance payments are taxable to the recipient spouse (includible in that spouse’s gross income).

Please note that the tax rules for child support—i.e., that payers of child support don’t get a deduction, and recipients of child support don’t have to pay tax on those amounts—is unchanged.

TCJA rules. Under the TCJA rules, there is no deduction for alimony for the payer. Furthermore, alimony is not gross income to the recipient. So for divorces and legal separations that are executed (i.e., that come into legal existence due to a court order) after 2018, the alimony-paying spouse won’t be able to deduct the payments, and the alimony-receiving spouse doesn’t include them in gross income or pay federal income tax on them.

TCJA rules don’t apply to existing divorces and separations. It’s important to emphasize that the current rules continue to apply to already-existing divorces and separations, as well as divorces and separations that are executed before 2019.

Some taxpayers may want the TCJA rules to apply to their existing divorce or separation. Under a special rule, if taxpayers have an existing (pre-2019) divorce or separation decree, and they have that agreement legally modified, then the new rules don’t apply to that modified decree, unless the modification expressly provides that the TCJA rules are to apply. There may be situations where applying the TCJA rules voluntarily is beneficial for the taxpayers, such as a change in the income levels of the alimony payer or the alimony recipient.

If you wish to discuss the impact of these rules on your particular situation, please give us a call.

Mortgage Interest Deduction

Under the pre-TCJA rules, you could deduct interest on up to a total of $1 million of mortgage debt used to acquire your principal residence and a second home, i.e., acquisition debt. For a married taxpayer filing separately, the limit was $500,000. You could also deduct interest on home equity debt, i.e., debt secured by the qualifying homes. Qualifying home equity debt was limited to the lesser of $100,000 ($50,000 for a married taxpayer filing separately), or the taxpayer’s equity in the home or homes (the excess of the value of the home over the acquisition debt). The funds obtained via a home equity loan did not have to be used to acquire or improve the homes. So you could use home equity debt to pay for education, travel, health care, etc.

Under the TCJA, starting in 2018, the limit on qualifying acquisition debt is reduced to $750,000 ($375,000 for a married taxpayer filing separately). However, for acquisition debt incurred before December 15, 2017, the higher pre-TCJA limit applies. The higher pre-TCJA limit also applies to debt arising from refinancing pre-December 15, 2017 acquisition debt, to the extent the debt resulting from the refinancing does not exceed the original debt amount. This means you can refinance up to $1 million of pre-December 15, 2017 acquisition debt in the future and not be subject to the reduced limitation.

And, importantly, starting in 2018, there is no longer a deduction for interest on home equity debt. This applies regardless of when the home equity debt was incurred. Accordingly, if you are considering incurring home equity debt in the future, you should take this factor into consideration. And if you currently have outstanding home equity debt, be prepared to lose the interest deduction for it, starting in 2018. (You will still be able to deduct it on your 2017 tax return, filed in 2018.)

Lastly, both of these changes last for eight years, through 2025. In the absence of intervening legislation, the pre-TCJA rules come back into effect in 2026. So beginning in 2026, interest on home equity loans will be deductible again, and the limit on qualifying acquisition debt will be raised back to $1 million ($500,000 for married separate filers).

If you would like to discuss how these changes affect your particular situation, and any planning moves you should consider in light of them, please give us a call.

Ohio 529 Deduction Increased to $4,000

Effective Jan. 1, 2018, the state income tax deduction for contributions made to Ohio’s 529 increased to $4,000 for Ohioans. Passed by the Ohio General Assembly, this expanded tax benefit further encourages current and future CollegeAdvantage 529 Plan account owners to save for their children’s future college costs. Other tax advantages for saving for college in Ohio’s 529 Plan include tax-free earnings, so every dollar is yours to use, and tax-free withdrawals when used for qualified higher education.

Corporate Responses to Tax Reform

According to a Reuters/Ipsos poll released on January 29, two percent of U.S. adults said they received a raise, bonus or other additional benefits due to the tax law enacted a month ago. The Reuters/Ipsos online poll of over 5,200 U.S. adults was conducted Jan. 12 through 23 and offers a look into public opinions of the tax reform. The poll provided information such as which class the participants thought the tax reform would benefit the most, if the participants expected to pay more or less, if the participants tried to consult with a tax professional, if the participants expect to itemize deductions, and if the tax law would change the participant’s interest in voting.

The full economic impact of the law will not be known for some time since the tax reform begins with 2018 income tax returns, which won’t be filed until 2019. President Donald Trump and House Speaker Paul Ryan assured the tax bill’s benefits would become evident in February when employee net paychecks increase after the IRS tax withholding tables were updated for new tax rates.  Employees may be advised by their employer to complete an updated Form W-4 to ensure proper withholding.

While the Internal Revenue Service implements the law, Republicans in the U.S. Congress have been praising businesses for announcing wage and benefit increases in response to the tax plan. As of January 26, 40 companies on the S&P 500 have publicly announced wage increases, bonuses, or other special investments based on the lower tax rate and more may follow suit, according to CNBC.

Health Care Mandate

Starting in 2019, the TCJA has eliminated the shared responsibility payment, more commonly known as the “individual mandate,” that penalizes individuals who are not covered by a health care plan that provides at least minimum essential coverage, as outlined in the Affordable Care Act of 2010 (ACA). Since this penalty is only eliminated starting in 2019, you still need to take account of it in making your health care decisions for 2018.

For individuals who do not have the required health coverage in 2018, the minimum annual penalty is $695 per adult and $347.50 for each child under 18. The maximum annual penalty can be substantially higher based on household income. The penalty applies for each month for which the required coverage is not in place, and is based on 1/12 of the annual penalty amount. Certain individuals may be exempt based on household income or other factors. (If you would like me to determine the penalty that would apply in your particular situation, or whether you qualify for an exemption, please give me a call.)

Please be sure to consider the application of the individual mandate in making your health care decisions for 2018. If you elect to forgo minimal essential health coverage, the money you save in premiums will be reduced by the applicable penalty. Starting in 2019, the individual mandate should no longer be a factor in your health care planning.

Please give us a call if you wish to discuss this issue.