Category: Guest Article of the Month

Part 2

In this second part of our two-part series on the One Big Beautiful Bill Act (OBBBA), we examine the legislation’s impact on businesses, trusts, and estates. In addition, we will look at its overall economic impact.

Estate Tax Changes

The federal estate tax exemption receives a significant boost under OBBBA. Previously set to go back to pre-TCJA levels at the end of 2025, the exemption is now permanent. For 2026, the exclusion is $15 million per person, adjusted for inflation annually. This represents a substantial increase from the 2025 exemption of $13.99 million per person.

Business Tax Benefits

OBBBA extends several key business tax provisions that were set to expire, ensuring continued tax relief for various business structures.

Pass-Through Entities benefit significantly from the permanent extension of the Section 199A deduction. This 20 percent deduction on business income that applies to LLCs, S corporations, and sole proprietorships was scheduled to expire at the end of 2025. The House’s proposed increase to 23 percent didn’t make the final cut.

Depreciation rules become more favorable permanently. The 100 percent bonus depreciation provision, which was phasing out, is now permanent. Additionally, the Section 179 expensing limit jumps to $2.5 million and begins to get phased out at $4 million.

Research and Development expenses can now be fully expensed for domestic R&D activities, replacing the previous requirement to amortize costs.

Employee Retention Credit Reforms

The pandemic-era Employee Retention Credit faces significant restrictions. Unpaid claims submitted after Jan. 31, 2024, are prohibited from receiving refunds. The legislation also introduces penalties for ERC mill promoters and extends the statute of limitations to six years.

Conclusion

This legislation represents a significant commitment to extending business-friendly tax policies while substantially increasing the federal debt burden. For businesses and high net-worth individuals, OBBBA provides long-term tax planning certainty by making temporary provisions permanent.

The Trump Administration announced it will no longer apply the beneficial ownership information (BOI) requirements of the Corporate Transparency Act (CTA) to domestic companies. This declaration came first via social media, marking a significant shift in policy.

Under this new directive, U.S. businesses are exempt from the BOI reporting requirements of the CTA. The Treasury Department made the initial announcement on social media, followed by an official press release and a Truth Social post from President Donald Trump, who described the requirement as “outrageous and invasive.”

The bipartisan CTA was originally designed to combat illegal activities like drug trafficking and money laundering by limiting the use of anonymous shell companies. While the ownership information would have been available to law enforcement agencies, it would not have been publicly accessible.

In its March 3 website statement, the Treasury Department clarified that it will not enforce penalties or fines related to the BOI reporting rule under current regulatory deadlines established during the Biden Administration. Furthermore, it will not impose penalties against U.S. citizens, domestic reporting companies or their beneficial owners after new rule changes are implemented.

Treasury’s proposed rules will limit required reporting to foreign companies only, though the precise scope remains unclear – whether this applies exclusively to foreign companies registered in the United States or extends to U.S. companies with foreign ownership.

Previously, reporting requirements covered all businesses formed in the United States and foreign companies registered to operate in any U.S. state or tribal territory.

The Financial Crimes Enforcement Network (FinCEN), which oversees CTA enforcement, appears to have been surprised by this policy change. Days earlier, following court decisions that permitted BOI reporting requirements to proceed, FinCEN had announced plans to extend reporting deadlines to March 21. As of the most recent update, FinCEN’s website has not reflected the Treasury’s announcement, and requests for comment went unanswered.

What Happens Now?

This unexpected announcement has created uncertainty for businesses, particularly regarding already-submitted data.

The law required detailed information from “beneficial owners,” including names, birthdates, addresses, and identification documents. Similar information was required from company applicants – typically individuals who helped establish the company.

Millions of companies had already complied before this announcement, raising questions about the handling of submitted information. Inquiries to FinCEN about the fate of this data have not received responses.

The status of pending legal cases also remains uncertain. Cases continue through at least four federal appellate courts, and additional litigation may emerge to compel administration compliance with the law.

Crucially, the Corporate Transparency Act itself remains valid legislation. Despite the Treasury’s position, the executive branch cannot overturn the laws passed by Congress. It can, however, choose selective enforcement – similar to approaches seen with cannabis legislation. This creates potential complications, as future administrations could reinstate full enforcement.

The Social Security Fairness Act of 2023, formally known as H.R. 82, aimed at ending two provisions in the Social Security system that affect public sector employees who have earned pensions from jobs not covered by Social Security. These provisions are the Windfall Elimination Provision and the Government Pension Offset, both of which reduce or eliminate Social Security benefits for workers who have worked in both public-sector and private-sector jobs.

The Problem: WEP and GPO

The Windfall Elimination Provision and the Government Pension Offset were originally designed to prevent public sector workers from receiving larger Social Security benefits than they would have been entitled to had they worked in jobs covered by Social Security for their entire careers. However, critics argue that these provisions disproportionately harm workers who have spent a significant portion of their careers in public service, such as teachers, police officers, firefighters, and other state and local government employees.

Windfall Elimination Provision (WEP):

The WEP reduces the Social Security benefits of individuals who have worked in both the private sector (where they paid into Social Security) and the public sector (where they often did not contribute to Social Security). Typically, Social Security benefits are based on an individual’s 35 highest-earning years. The WEP alters the formula used to calculate benefits for individuals with fewer than 30 years of substantial earnings in Social Security-covered employment, leading to a lower Social Security benefit than they would otherwise be entitled to. For many, this results in a significant reduction in the monthly payment they would have received under the standard Social Security formula.

Government Pension Offset (GPO):

The GPO affects spouses and widows/widowers of Social Security beneficiaries. Under this provision, individuals who receive a government pension from work that was not covered by Social Security (such as state or local government employees) see a reduction in their spousal or survivor benefits from Social Security. The offset is calculated by reducing the spousal or survivor benefit by an amount equal to two-thirds of the government pension. This can leave many public employees with little to no spousal or survivor benefits despite their spouse having paid into Social Security.

What H.R. 82 Seeks to Accomplish

By eliminating both the WEP and GPO, the bill aims to ensure that public sector workers who have earned Social Security benefits through their work in the private sector are not penalized by reductions in those benefits. It also seeks to provide fairer treatment for the spouses and survivors of government employees who may otherwise see their Social Security benefits reduced or eliminated entirely.

The bill has garnered bipartisan support, as lawmakers from both sides of the aisle recognize the fairness of eliminating these provisions, which many see as an unjust penalty against those who have dedicated their careers to public service. H.R. 82, if passed, would provide much-needed relief to millions of retirees, many of who are struggling with the financial impacts of these provisions.

Conclusion:

The introduction of H.R. 82, the Social Security Fairness Act of 2023, marks a crucial point in the ongoing debate over Social Security benefits for public sector workers. By eliminating the Windfall Elimination Provision and the Government Pension Offset, the bill would restore fairness and equity for millions of public employees who have spent their careers in service to their communities. As this bill progresses, it will likely remain a significant issue in discussions surrounding Social Security reform and the treatment of public sector employees.

President Joe Biden signed H.R. 82, the Social Security Fairness Act, into law on Sunday, January 5, 2025, at 3:00 p.m. Central Time Zone.