Pub. 3 2021 Issue 6

15 nebraska society of cpas W W W . N E S C P A . O R G For more information, contact Nicholas Bjornson or Craig Benson at Koley Jessen at nicholas.bjornson@koleyjessen.com or craig.benson@koleyjessen.com, respectively. Bjornson’s practice focuses on federal, state, and international taxation of corporations, par tnerships , and individual s . Benson counsels business owners, families, and individuals, and works with their CPAs in the structuring and implementation of plans to ensure wealth accumulation and protection through sophisticated tax minimization and mitigation techniques. The Build Back Better Act will continue to make its way through the legislative process, which will likely result in varying iterations of the proposed legislation before the legislation is put to a vote. for trusts and estates. The NIIT would apply to income not already subject to FICA taxes. Net operating losses would no longer be accounted for in determining net investment income. The proposed effective date for this change is for tax years beginning after Dec. 31, 2021. • Limitation of the Small Business Stock Exclusion The special 75% and 100% exclusion rates under Section 1202 would not be available to taxpayers with adjusted gross incomes in excess of $400,000, or any estate or trust. The baseline 50% exclusion would remain available to all taxpayers. The amendments made by this section are proposed to apply for sales of qualified small business stock acquired after Feb. 17, 2009, and sold after Sept. 13, 2021, subject to a binding contract exception. • Limitation on Excess Business Losses The temporary limitation on excess business losses (i.e., net business deductions in excess of business income) set to expire after 2025 would become permanent. In addition, carryforward losses would be treated as excess business losses rather than net operating losses. In effect, this means the largest net operating loss that can be carried forward from any one year is limited to $500,000. The proposed effective date would be for tax years beginning after Dec. 31, 2020. • Corporate Minimum Tax A cor porate minimum tax of 15% for cer tain large corporations reporting profits in excess of $1 billion for the year would be imposed. • Limited Contributions and Accelerated RequiredMinimum Distributions (RMDs) for Certain Retirement Accounts; Backdoor IRAs Prohibited Taxpayers with taxable income in excess of $450,000 for joint filers and $400,000 for single filers would be prohibited from making additional contributions to individual retirement accounts (IRAs) once the balance exceeds $10 million. In addition, such owners of large IRAs would be forced to take RMDs at an accelerated rate. In addition, the use of so-called “Backdoor Roth IRAs” would be prohibited. Under current law, the Backdoor Roth IRA allows a taxpayer phased-out of making contributions to a Roth IRA due to certain high-income thresholds to make nondeductible contributions to a traditional IRA, then later covert such IRA to a Roth IRA. Distributions from traditional IRAs are taxed at ordinary income rates, whereas distributions from Roth IRAs are generally tax-free. • Substantial TaxCreditsOffered for Investment inAffordable Housing, Green Energy Projects, and Electric Vehicles What’s Still In, But Modified? • Surtax on High-Income Individuals, Trusts, and Estates A surtax equal to 5% would be imposed on a taxpayer’s modified adjusted gross income in excess of: (i) $10 million for single and joint filers; (ii) $5 million for a married individual filing separately; and (iii) $200,000 for an estate or trust. An additional surtax of 3% (8% total surtax) would be imposed on a taxpayer’s modified adjusted gross income in excess of: (i) $25 million for single and joint filers; (ii) $12.5 million for a married individual filing separately; and (iii) $500,000 for an estate or trust. For the above income thresholds, modified adjusted gross income means adjusted gross income reduced by any deduction allowed for investment interest. For an estate or trust, the income thresholds are based on adjusted gross income as determined under Section 67(e). The proposed effective date for these surtaxes is for taxable years beginning after Dec. 31, 2021. • Excise tax on Repurchase of Public Traded Corporate Stock A 1% excise tax on publicly traded U.S. corporations for the value of any of its stock that is repurchased by the corporation would be imposed. The proposed effective date for this excise tax is for tax years beginning after Dec. 31, 2021. • Increase on State and Local Tax Deduction The cap on state and local tax (SALT) deductions would be increased from $10,000 to $80,000 through 2030. The SALT deduction cap would return to $10,000 for 2031 and then expire. The proposed effective date would apply retroactively to tax years beginning after Dec. 31, 2020. • Additional Enforcement Funding for the IRS The IRS would be appropr iated nearly $79 bi l l ion to modernize its operations and increase enforcement activities on taxpayers with income in excess of $400,000. What’s Next? The Build Back Better Act will continue to make its way through the legislative process, which will likely result in varying iterations of the proposed legislation before the legislation is put to a vote. Certain provisions that have been removed from the Sept. 13, 2021, House Ways and Means Committee version of the bill could be included in a later version to stay within the boundaries of certain budgetary rules to ensure compliance with the budget reconciliation process. t