Tax Legislation Update from Rackers & Fernandez, LLC

As of December 4, 2017, the House and the Senate have each passed their own version of new tax legislation. The Senate and House must now reconcile the two bills into one, which would then go before each chamber for a final vote.

The key differences in the two versions are as follows:

1. When the individual provisions expire
Senate – Most expire in 2025.
House – Most are permanent.

2. The mandate to buy health insurance
Senate – Eliminates it by reducing the penalty to $0.
House – Preserves it.

3. Tax brackets and rates
Senate – Keeps seven tax brackets but changes and in most instances, lowers the rates. The new rates would be: 10%, 12%, 22%, 24%, 32%, 35%, 38.5%.
House – Calls for four brackets: 12%, 25%, 35% and 39.6%.

4. Standard deduction
Senate – Raises it to $12,000 from $6,350 for single filers; to $18,000 from $9,350 for heads of household; to $24,000 from $12,700 for joint filers.
House – Raises it to $12,200 for single filers; to $18,300 for heads of household; to $24,400 for joint filers.

5. Child tax credit
Senate – Increases it to $2,000 from $1,000, but the additional $1,000 would not be refundable meaning many low and middle income tax filers likely wouldn’t receive the increased portion of the credit. Allows it for children under 18, up from 17 today, but only until 2025. Makes the full credit available to higher income families.
House – Increases it to $1,600 from $1,000, but the additional $600 would not be refundable. Makes it available to higher income families.

6. New family credit
Senate – Creates a temporary $500 credit for dependents who aren’t children.
House – Creates temporary $300 personal credit for parents and their non-child dependents.

7. Mortgage interest deduction
Senate – Keeps it as is.
House – Lowers the amount of mortgage debt on which interest may be deducted to $500,000 from $1 million.

8. Medical expense deduction
Senate – Keeps it in place and temporarily lowers the adjusted gross income threshold that must be met to qualify for it. Today you may deduct medical expenses that exceed 10% of your adjusted gross income that would be lowered to 7.5%.
House – Eliminates it.

9. Teachers’ deduction for school supplies
Senate – Doubles it to $500 from $250.
House – Eliminates it.

10. Graduate student tuition waiver
Senate – Keeps it in place.
House – Eliminates it.

11. Student loan interest deduction
Senate – Keeps it in place.
House – Eliminates it.

12. Alternative Minimum Tax
Senate – Keeps it but raises amount of money exempt from it through 2025. Then income exemption levels revert to present law.
House – Repeals it.

13. Estate tax
Senate – Shields more people from it by doubling the exemption levels to $11 million for individuals and $22 million for couples.
House – Doubles the exemption levels for six years then repeals the estate tax in 2024