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U.S. Tax Reform Permitted by Convention Committee

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On December 22, 2017, President Trump signed into legislation H.R. 1 (initially often called the “Tax Cuts and Jobs Act”). Included are a few of the most in depth modifications to the US tax reform in years, mentioned under.

 

US Federal Private Revenue Tax Brackets
  • High marginal tax price is diminished to 37%, down from 39.6% beginning with the 2018 taxation 12 months
  • High marginal tax price bracket for married submitting collectively (MFJ) taxpayers elevated to $600,000, ($300,000 for married submitting individually (MFS) taxpayers and $500,000 for single or head of househould (HOH) taxpayers) up from $480,050 ($240,025 for MFS taxpayers, $426,700 for single taxpayers, and $453,350 for HOH taxpayers)

Implications: Modifications to the US particular person tax brackets and decrease marginal tax charges ought to appeal to a decrease efficient tax price for most people. Canadian private tax charges are usually greater than the brand new proposed US tax brackets, which means the modifications may have little impression on People residing in Canada. Nevertheless, the additional decreasing the US tax charges might make shifting to the US extra engaging for Canadians.

 

Company Tax Price Lower
  • Elimination of company progressive tax construction, presently imposing a most company tax price of 35%, and substitute with a 21% flat tax, efficient for tax years beginning after January 1, 2018
  • Elimination of the particular company tax price on private service firms (PSCs)

Implications: This important lower in tax price makes the US company tax extra aggressive with charges imposed by different international locations and will realistically make doing enterprise within the US extra engaging for Canadians. The brand new tax charges can also have an effect on choice-of-entity choices for some enterprise entities working within the US because the flat 21% company tax price differs from the efficient tax price for US enterprise revenue of people earned by way of sure pass-through entities because the PSC tax price is diminished to the final company tax price.  Usually, a PSC is a company that (i) considerably all the actions include the efficiency of companies within the fields reminiscent of accounting, well being, legislation, consulting, and so forth. and (ii) the workers performing the companies personal, straight or not directly, considerably of its inventory. By lowering the final company and PSC price to 21%, and offering for a prime 37% price for people whereas limiting the pass-through deduction for private service revenue, the brand new legislation might encourage the incorporation of private service companies. The brand new legislation additionally doesn’t distinguish between funding revenue and enterprise revenue.

 

US Property, Era-Skipping, and Present Tax
  • Property, generation-skipping, and reward tax exemption will double to $11 million per particular person, with these quantities listed for inflation by way of 2025

Implications: The rise to the property tax exemption will cut back each the property tax due for US residents residing in Canada and Canadians proudly owning US property topic to property tax. Though, even non-US residents residing in Canada usually are not topic to US property tax on their US property, they might nonetheless be required to file an property return to assert the advantages of the Canada-US Revenue Tax Treaty if the honest market worth of the US property exceeds U$60,000.

 

State and Native Tax Itemized
  • Permits a most $10,000 itemized deduction for state and native property tax deductions; nonetheless, eliminates state and native revenue tax deduction, until state and native revenue taxes are incurred in carrying on a commerce or enterprise

Implications: The discount of the state and native tax deduction could also be one of many solely modifications, which enhance tax prices to some. On the very least, this alteration might negatively have an effect on a few of the different financial savings for people who pay tax to excessive revenue tax states reminiscent of California, Hawaii, and New Jersey.

 

For help with US tax, contact me at jeff.hood@rlb.ca or name 519-822-9933 and ask to talk to a member of our US tax group.




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