11/26/2025
2017 TCJA (Tax Cuts and Jobs Act) Provisions Made Permanent
*What did the 2017 TJCA (Tax Cut and Jobs Act) do and how does it change with the passage of the OBBB?
The TJCA was sweeping legislation that affected both personal and business taxes. For personal tax returns, the act eliminated personal exemptions and increased the standard deduction, doubled the child tax credit, limited certain deductions, and lowered the tax rates. For businesses, the top federal corporate tax rate was lowered, changes in expensing costs were made, and pass-through businesses received a 20% deduction on the personal return for qualified business income. With the passage of the OBBB, many changes made during the 2017 TCJA that were set to expire at the end of 2025 have now been made permanent or expanded.
*What changes have been made permanent for individuals?
-The elimination of the personal exemption and increased standard deduction have been made permanent with the passage of the OBBB. The standard deduction has increased due to inflation for 2025 but also includes a temporary $6,000 deduction for taxpayers sixty-five and older.
-The bill maintains the increased child tax credit for 2025 and going forward. The child tax credit has increased from $2,000 to $2,200 for 2025 and will be indexed for inflation, although the refundable amount remains at the previous $1,700.
-The OBBB retains a limit on SALT (state and local tax) deductions for individuals itemizing their taxes but raises the deductible from $10,000 to $40,000 temporarily for those making $500,000 or less. See prior post on SALT for more details.
*What changes have been made permanent for businesses?
-The OBBB made permanent the 20% deduction for pass-through businesses (sole proprietorships, partnerships, LLCs, S-Corporations). This is taken on the individual tax returns, and the OBBB has higher thresholds for phase in limitations for this deduction, making it available to more taxpayers than under the TCJA. There are some expanded eligibilities for service-based businesses under the OBBB.
-100% bonus depreciation and R&D expense have been restored and made permanent- were phasing down annually to 0% prior to passage of OBBB.
-Corporate tax rate of 21% remains the same as set under the TJCA.
*What about estate and gift taxes?
-The TCJA temporarily doubled the gift and estate tax exemption, which was set to expire in 2025. The OBBB retained the higher exemption amount, $15 million per person in 2026, and will be increased for inflation.
*Bottom line- The TCJA was an important piece of sweeping legislation with many pieces set to expire in 2025. The OBBBA made permanent or slightly changed many of these aspects of the TCJA with an important impact on 2025 and future taxes. Consult with your tax advisor to see how this may impact you.
This post is for informational purposes only and should not be considered tax or legal advice. Your specific tax situation depends on your individual circumstances. Please consult with a qualified professional before making decision.