The One Big Beautiful Bill Act is Now Law
EXTENDED INDIVIDUAL PROVISIONS
Several TCJA provisions for individuals, scheduled to expire after 2025, are made permanent under the Act, with some adjustments. These include:
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- Tax rates of 10, 12, 22, 24, 32, 35, and 37 percent, effective since 2018;
- Removal of personal exemptions;
- Elevated AMT exemption and phase-out thresholds;
- Reduced cap on mortgage interest deductions;
- Restrictions on casualty loss deductions;
- Elimination of miscellaneous itemized deductions; and
- Permission for rollovers from qualified tuition programs to ABLE accounts.
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The Act permanently allows mortgage insurance premiums to be deducted as qualified residence interest and permits unreimbursed educator expenses as a miscellaneous itemized deduction. It also resets the AMT exemption phase-out threshold for joint filers to 2018 levels, disregarding the prior seven years of inflation adjustments.
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The TCJA raised the child tax credit from $1,000 to $2,000 for 2018–2025, with phase-out thresholds increased to $400,000 for joint filers and $200,000 for others.
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The Act permanently sets the credit at $2,200, adjusted for inflation, while maintaining the $1,400 refundable portion (adjusted to $1,700 for 2025). Claimants, their spouses (if married), and qualifying children must provide Social Security numbers.
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Estate Taxes
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The TCJA doubled the estate tax exclusion for decedents dying through 2025 (adjusted to $13.99 million for 2025), which would have reverted to 2017 levels without action. The Act raises the exclusion to $15 million for 2026, with ongoing inflation adjustments.
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Observation. The $15 million figure approximates what inflation would have yielded for 2026 under the TCJA.
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NEW INDIVIDUAL PROVISIONS
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No Tax on Tips
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A key 2024 campaign promise, President Trump proposed exempting tip income from taxation, which became taxable in the 1980s under Reagan-era laws.
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The Act allows a deduction for tip income, up to $25,000, without requiring itemization, but claimants must provide a Social Security number. The deduction phases out for modified adjusted gross income above $150,000 ($300,000 for joint filers) and expires after 2028. It also extends the employer credit for Social Security taxes on tips to the beauty service industry, previously limited to food and beverage.
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No Tax on Overtime
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Trump’s campaign also proposed tax-free overtime pay. The Act permits a deduction for overtime compensation, as defined by the Fair Labor Standards Act of 1938, up to $12,500 ($25,000 for joint filers), without itemization. A Social Security number is required, and the deduction phases out at $150,000/$300,000 income levels, expiring after 2028.
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Observation. The Act leaves detailed implementation rules for this deduction to Treasury Regulations.
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Social Security Income
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Despite Trump’s campaign pledge to exempt Social Security income from tax, neither the Senate nor House versions included such a provision.
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Observation. The senior deduction may serve as an alternative to achieve similar relief.
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Itemized Deduction Limitation
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Before the TCJA, high-income taxpayers faced a phase-out of itemized deductions (the “Pease” limitation). The Act reinstates this limit for those in the 37% tax bracket, effective post-2025.
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Automobile Loan Interest
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Previously, auto loan interest was nondeductible personal interest. The Act allows a deduction of up to $10,000 for interest on auto loans for vehicles purchased after 2024 (but only those assembled in the U.S.), available to itemizers and non-itemizers, through 2028.
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Trump Accounts
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The Act establishes tax-advantaged “Trump Accounts” for newborns, seeded with $1,000 and governed by rules similar to individual retirement accounts.
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Additional Provisions
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The Act also provides:
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- A tax credit for donations to scholarship organizations;
- Expanded 529 plan eligibility for elementary, secondary, and homeschool expenses; and
- A revived COVID-era charitable contribution deduction for non-itemizers.
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BUSINESS PROVISIONS
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Bonus Depreciation
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The TCJA allowed 100% expensing of certain business property through 2022, decreasing by 20% annually to 0% by 2027 (40% in 2025). The Act permanently reinstates 100% bonus depreciation for property acquired after January 19, 2025.
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Research and Experimental Expenditures
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Previously, research and experimental costs had to be amortized, though a deduction was available before 2022. The Act permanently allows deductions for domestic research costs incurred after 2024, with an option to deduct or amortize. Small businesses with average annual gross receipts of $31 million or less can apply the deduction retroactively to 2022.
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Qualified Business Income Deduction
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The TCJA’s Code Sec. 199A deduction for qualified business income, set to expire after 2025, is made permanent under the Act, with expanded eligibility criteria.
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Additional Provisions
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The Act includes:
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- Higher Section 179 deduction limits post-2024;
- An exclusion for interest on loans secured by rural or agricultural property; and
- Enhancements to the low-income housing credit.
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International Extensions
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The Act permanently retains TCJA international provisions, including:
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- Deductions for foreign-derived intangible income (FDII) and global intangible low-taxed income (GILTI); and
- The base erosion minimum tax.
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Post-2025, the FDII rate adjusts to 33.34% (from 37.5%) and the GILTI rate to 40% (from 50%).
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Observation. These rates were set to decrease to 21.875% and 37.5% under the TCJA, making this a tax increase for 2026 onward.
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The base erosion minimum tax rate rises to 10.5% from 10% post-2025.
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Observation. This is lower than the TCJA’s planned 12.5% rate, representing a tax reduction.
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The Act also revises rules for “tested” controlled foreign corporation income and foreign tax credits.
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GREEN ENERGY TERMINATIONS
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The Act eliminates most tax credits from the 2022 Inflation Reduction Act to fund its provisions, a major point of contention. The House favored phasing out credits for clean energy producers with existing investments by 2026 or later, while the Senate initially pushed for immediate or 2025 terminations. The final Act adopts a longer phase-out for producers, allowing credits for construction starting in 2026.
Consumer-side green energy credits, terminated generally after 2025, include:
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- Previously owned clean vehicle credit;
- Clean vehicle credit;
- Qualified commercial clean vehicle credit;
- Alternative fuel refueling property credit;
- Energy efficient home improvement credit;
- Residential clean energy credit; and
- New energy efficient home credit.
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IRS PROCEDURAL PROVISIONS
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The Act mandates the termination of the IRS Direct File program within 30 days, allocating funds to explore a public-private “free file” replacement. It imposes $1,000 penalties per instance for fraudulent promoters of employee retention credit schemes, with no cumulative cap.
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Observation. The House bill initially proposed higher penalties for ERTC promoters, but a June 11 rescissions bill removed this provision. The impact of that rescission on the final Act remains unclear.
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(This is Blog Post #1766)




