With the Tax Cuts and Jobs Act (TCJA) provisions set to expire at the end of 2025, business owners and individuals alike face significant tax changes. These changes will affect both personal and business finances. In this Q&A with the Johnson Consulting Team, we’ll explore the major tax provisions expiring and the strategies business owners should consider as the sunset of the TCJA approaches.
Q: Which major tax provisions from the TCJA are set to expire at the end of 2025?
A: Individuals and families can expect tax increases, but for business owners, the most concerning provisions include:
- Loss of the Section 199A Deduction: This deduction, currently available to pass-through entities (such as S-corporations and LLCs), allows business owners to deduct up to 20% of qualified business income. When this expires, pass-through entities will lose a valuable tax-saving tool, potentially increasing the tax burden on small businesses and entrepreneurs.
- Loss of Caps on State and Local Tax (SALT) Deductions in High-Tax States: Taxpayers in states with high income and property taxes could face higher overall tax liabilities as the current $10,000 cap on state and local tax deductions disappears.
- Reversion of Capital Gains Tax Rates: Capital gains tax rates will revert to being determined by your regular income tax bracket. This means that individuals in higher income brackets may see a significant increase in their tax rate on long-term capital gains.
- Reduction in Estate and Gift Tax Exclusion: The current estate and gift tax exclusion of $12.92 million per individual will drop by nearly 50%, meaning estates valued over approximately $6 million will be subject to estate taxes. This change could affect many families planning to transfer wealth to the next generation, making estate planning a crucial step in the coming years.
Q: What tax strategies should funeral home and cemetery business owners consider as 2025 approaches?
A: One key strategy is to consider accelerating your income before the TCJA provisions expire. With capital gains rates set to revert to higher levels based on your income tax bracket, now is an optimal time to sell assets, take profits, or increase distributions. By doing so, you can take advantage of the lower rates now, reducing your tax liability compared to what it would be under future tax rules.
This strategy is particularly beneficial for those with capital assets such as stocks, real estate, or business interests that have appreciated significantly over time. Locking in current capital gains rates could save you a substantial amount in taxes before the rates increase post-2025.
Other considerations may be to reevaluate your business structure, either converting it to a C-Corp or an S-Corp to lessen taxes. It may also be an opportunity to increase contributions to retirement plans, investing in capital equipment, or exploring tax-advantaged benefits for employees.
The Importance of Timing in Succession Planning
When it comes to succession planning, the timing of a sale can have a significant impact on the value you ultimately retain. In the words of Jake Johnson, “It’s not what you get, it’s what you keep.” Even though the sale price of a business may remain the same before and after 2025, the amount you keep after taxes will change. This is due to the potential tax increases that could arise when the TCJA provisions expire.
Q: How should funeral home and cemetery business owners approaching a succession plan think about the timing of a sale?
A: If you’re considering transferring your funeral home or cemetery business, now may be the optimal time to maximize the value of your business. With the potential tax increases on the horizon, selling before the end of 2025 could result in you keeping more of the proceeds.
“It’s just food for thought and something business owners should be aware of,” Jake continued. “If you were planning to sell around 2025, the tax changes might push you to reconsider your timing. Even if you’re not quite ready to sell, it’s worth considering whether selling now could help you avoid a higher tax bill later.”
The core idea is that waiting until 2026 or 2027 could mean a larger tax burden, requiring your business to make up the difference in growth or additional calls on capital. By transferring before the end of 2025, you may be able to capture a more favorable tax position and keep more of the proceeds from the sale. However, it’s important to remember that not everyone will be ready to sell at that time, so planning ahead and discussing options with a tax advisor is crucial.
In conclusion, with the expiration of these TCJA provisions on the horizon, proactive tax and succession planning are essential, working closely with a financial advisor will help you craft the best strategies to minimize your tax burden.
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*Johnson Consulting Group and its affiliates are not tax professionals. You should review the content of this article with your tax professional to see how it applies to you.