This year, there is a new 20% tax deduction for self-employed individuals and pass through entities, commonly called the QBI (Qualified Business Income) deduction, officially IRC Section 199A. While most people who file schedule C will be eligible for this deduction, high earners – those making over $157,500 single or $315,000 married – will see this deduction phased out to zero, if they are in a Specified Service Trade or Business (SSTB).
Professions that are considered an SSTB include health, law, accounting, athletics, performing arts, and any company whose principal asset is the skill or reputation of one or more of its employees. That’s pretty broad.
Some business owners may have income that is from an SSTB and other income which is not. For example, consider an eye doctor who has a business manufacturing glasses. If she performs an eye exam, clearly she is working in an SSTB as a health professional. If she is manufacturing glasses, that might be a different industry.
This possibility of splitting up income into different streams has occupied many accountants this year, to enable business owners to qualify for the QBI deduction for their non-SSTB income. Since this is a brand new deduction for 2018, this is uncharted territory for taxpayers and financial professionals.
In August, the IRS posted new rules which will greatly limit your ability to carve off income away from an SSTB. Here are some of the details:
- If an entity has revenue of under $25 million, and received 10% or more of its revenue from an SSTB, then the entire entity is considered an SSTB. If their revenue is over $25 million, the threshold is 5%
- An endorsement (by a performing artist, for example), or use of your name, likeness, signature, trademark, voice, etc., shall not be considered a separate profession. If you are in an SSTB, an endorsement shall also be considered part of the SSTB.
- 80/50 rule. If a company shares 50% or more ownership with an SSTB, and receives at least 80% of its revenue from that SSTB, it will be considered part of the SSTB. So, if our eye doctor who makes glasses only makes glasses for her own practice, then it will be considered part of her SSTB. If the manufacturing business has at least 21% in revenue from other buyers, then it could be considered a separate entity and qualify for the QBI deduction.
Business owners in the top tax bracket of 37% for 2018 (making over $500,000 single or $600,000 married), might be considering forming a C-corporation if they are running into issues with the SSTB. While a C-Corp is not eligible for the QBI deduction, the federal income tax rate for a C-Corp has been lowered to a flat 21% this year.
Of course, the challenge with a C-Corp is the potential for double taxation: the company pays 21% tax on its earnings, and then the dividend paid to the owner may be taxed again from 15% to 23.8% (including the 3.8% Medicare surtax on Net Investment Income.)
Still, there may be some benefits to a C-corp versus a pass-through entity, including the ability to retain profits, being able to deduct state and local taxes without the $10,000 cap, or the ability to deduct charitable donations without itemizing.
If you have questions about the QBI Deduction, the Specified Service Business definition, or other self-employment tax issues, we can help you understand the new rules. We want to help you keep as much of your money as possible, but you can’t wait until next April and then hope you can do something about 2018.