Law Change Affects Moving, Mileage and Travel Expenses

Changes to the deduction for move-related vehicle expenses

The passing of the Tax Cuts and Jobs Act  (“TCJA”) suspended the deduction for moving expenses for tax years beginning after Dec. 31, 2017, through Jan. 1, 2026. Previously, taxpayers were allowed to deduct the costs incurred for certain work related moves, given the requirements were met. Under the TCJA this deduction has been suspended for all moving expenses with the exception of those made by members of the Armed Forces of the United States on active duty who move pursuant to a military order related to a permanent change of station.

Changes to the deduction for un-reimbursed employee expenses

The TCJA at also suspended all miscellaneous itemized deductions that are subject to the 2 percent of adjusted gross income floor. This change affects unreimbursed employee expenses such as uniforms, union dues and the deduction for business-related meals, entertainment and travel.

Thus, the business standard mileage rate cannot be used to claim an itemized deduction for unreimbursed employee travel expenses in taxable years beginning after Dec. 31, 2017, and before Jan. 1, 2026.

Standard mileage rates for 2018

The standard mileage rates for the use of a car, van, pickup or panel truck for 2018 are as follows:

  • 54.5 cents for every mile of business travel driven, a 1 cent increase from 2017.
  • 18 cents per mile driven for medical purposes, a 1 cent increase from 2017.
  • 14 cents per mile driven in service of charitable organizations, which is set by statute and remains unchanged.

 

 

Be Weary of State SALT Deduction Workarounds

With the pass of the Tax Cuts and Jobs Act (TCJA), a new limit has been placed on the deduction for SALT, State And Local Taxes. These limits severely impact residents of states that derive the majority of their revenue through state income taxes and high property taxes.

Several states have or are in the process of implementing workarounds to the deduction limits. For example, New York established new “charitable gifts trust funds” to which taxpayers can make deductible contributions and claim a tax credit equal to 85% of the donation. Similarly, New Jersey enacted legislation that permits localities to establish charitable funds to which taxpayers can contribute and receive a 90% New Jersey property tax credit. California and Connecticut are among the other states that have been weighing similar options.

It’s important to note that when applying the substance over form doctrine, many of these transactions would not qualify for the charitable deduction the states are hoping. Remember, charitable contributions are only deductible to the extent that no goods or services (benefit) is received in exchange. Transactions that are “quid pro quo” would reduce your charitable deduction, dollar for dollar by the fair market value of any benefit received.

The IRS is planning to issue regulations to address these transactions in the coming months. We advise our clients to wait for these proposed regulations, as our professional opinion is the IRS will not recognize a charitable contribution deduction that is a disguised SALT deduction.

Three Ways to Maximize Charitable Giving Under the New Tax Code

As many of you are aware by now, the Tax Cuts and Jobs Act (TCJA) almost doubled the standard deduction for many taxpayers, raising the limits to $12,000 for single filers and $24,000 for married joint taxpayers. Naturally, this makes it more difficult for taxpayers to write off charitable giving.

While there is a bi-partisan effort to push for charitable deductions for non-itemizing taxpayers (H.R. 5771), below are some steps you can take to maximize your charitable efforts in the meantime:

1. Bunching: Make the bulk of your charitable donations in the tax years you expect to itemize deductions and skip gift-giving in other years. For instance, if you’re already contemplating a large gift in 2018, you might be a little extra-generous toward the end of the year to include your donation goals for 2019, increasing the tax payoff for the 2018 tax year. In 2019, you can skip or reduce your gifting efforts, since you included these gifts in the 2018 tax year.

2. Donor-advised funds: With a donor-advised fund (DAF), you can make a large initial contribution this year and qualify a deduction. Then, the DAF distributes this money to your favorite charities over a period of time. This has the same practical effect as bunching.

3. Gifts of property: This is one of my favorite techniques. By giving capital gain property that has appreciated in value, like appreciated stock, art, or other collectibles, you can generally deduct the property’s current fair market value, instead of its initial cost. Thus, you increase your deduction while avoiding tax on the appreciation in value.