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New Tax Law: OBBB

Here's a summary of the new provisions in the One Big Beautiful Bill (OBBB) that will affect small business entities including S corporations, partnerships, and individual business owners. Most provisions apply to tax years beginning after December 31, 2025, i.e., starting with 2026 tax returns.


These provisions collectively reinforce real estate as a tax-advantaged asset class, especially for high-net-worth individuals and passthrough entities.


Depreciation & Cost Recovery

  • 100% Bonus Depreciation Restored Permanently:

    • Applies to qualified property acquired and placed in service after Jan. 19, 2025.

    • Includes tangible personal property and qualified improvement property (QIP).

  • New Expensing for Production Property:

    • Businesses can fully expense new factories and improvements used in qualified production activities (e.g., manufacturing, agriculture).

    • Applies to construction started after Dec. 31, 2024 and placed in service before Jan. 1, 2034.

 

State and Local Tax (SALT) Deduction

  • Temporary SALT cap increase:

    • Raised from $10,000 to $40,000 for 2026 (adjusted for inflation to $40,400).

    • Applies to itemizing taxpayers, including passthrough owners.

  • Phase-down for high earners:

    • Begins at $500,000 MAGI (adjusted annually), reducing the deduction by 30% of the excess.

    • Cannot fall below $10,000.

  • PTET workaround limited: Specified service trades or businesses (SSTBs) can no longer use pass-through entity tax (PTET) payments to bypass the SALT cap.


New tax deductions for individuals

  • New deduction for overtime and tips:

    • Up to $12,500 of overtime and $25,000 of tips can be deducted from income (phased out above $150,000 AGI).

  • Auto loan interest deduction:

  • Up to $10,000 deductible for U.S.-assembled vehicles (expires after 2028).


 Net Operating Loss Carrybacks:

  • Two-Year Carryback Reinstated:

    • The bill restores a 2-year carryback for NOLs incurred by noncorporate taxpayers, including passthrough entities like S corporations and partnerships.

    • This reverses the current rule (post-TCJA) that generally disallows carrybacks for most taxpayers.


    • The permanent QOZ reboot and 1031 preservation offer long-term planning certainty, while the LIHTC expansion may create new syndication opportunities.


Mark Gleason CPA





 
 
 

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