One of the changes brought by Tax Cuts and Jobs Act (TCJA) is elimination of many personal itemized deductions. All miscellaneous itemized deductions that are subject to 2% of AGI limit are temporarily repealed for tax years beginning after December 31, 2017, and before January 1, 2026.
These are work-related expenses an employee pays out of his or her own pocket. They include:
None of these expenses are deductible during 2018 through 2025. Thus, you should seek to have your employer reimburse you for them. This reimbursement is tax-free as long as you properly document your expenses. Alternatively, you could seek a pay raise to help pay for these expenses, but such a raise would be taxable.
Expenses you pay for personal investing are also not deductible as a personal itemized deduction during 2018 through 2025. This includes:
Tax preparation fees are likewise not deductible for 2018 through 2025. This includes costs for hiring a tax pro or buying tax preparation software or tax publications. It also includes any fee you pay for electronic filing of your return. If you have a tax pro prepare both your personal and business taxes, ask for a separate bill for your business return. Reason: The fees to prepare your business return remain a fully deductible business expense—they are not a personal itemized deduction.
During 2018 through 2025, you may not deduct as an itemized deduction attorney fees, accounting fees, and other fees you incur to determine, contest, pay, or claim a refund of any tax.
(Except those attributable to federally declared disaster.)
A hobby is an activity you engage in primarily for a reason other than to earn a profit—for example, to have fun. Before 2018, hobbyists were permitted to deduct their hobby-related expenses up to the amount of hobby income they earned each year (but only expenses over 2% of AGI were deductible). The TCJA eliminates the itemized deduction for hobby expenses for 2018 through 2025. This means that you will not be able to deduct any expenses you earn from hobbies during these years. However, you still have to report and pay tax on any income you earn from a hobby. However, if your hobby involves selling goods to customers, you may deduct your costs of goods sold when calculating your hobby income. For example, if your hobby is making and selling pottery, you can deduct the cost of making each pot you sell from your hobby income.
However, a few miscellaneous itemized expenses remain deductible during 2018 through 2025 for taxpayers who itemize.
The deduction for gambling losses has not been affected by the TCJA. These remain deductible up to the amount of your gambling winnings for the year. You cannot simply reduce your gambling winnings by your gambling losses and report the difference. You must report the full amount of your winnings as income and claim your losses (up to the amount of winnings) as an itemized deduction. These losses are not subject to the 2% limit on miscellaneous itemized deductions.
If you borrow money to purchase an investment, the interest you pay on the loan is called investment interest. Investment interest remains deductible for taxpayers who itemize. However, the deduction is limited to the amount of taxable investment income you earn each year, such as dividends, royalties, or interest. Any disallowed investment interest is carried over to deduct in future years. Ordinarily, investment income does not include any capital gains or qualifying dividends that enjoy favorable tax treatment. However, you can make an election to include long term capital gain and qualifying dividends in your investment income. This can allow you to deduct a larger amount of investment interest. When you do this, however, your long-term capital gain and qualifying dividends must be taxed at your ordinary income tax rates, not the usually lower capital gains rates.
Each taxpayer is affected differently by the Tax Cuts and Jobs Act. Tax planning is back and failure to plan is planning to fail! Contact Alloy Silverstein today for a tax planning appointment.
Author: Valetina Efremova
Empowering business owners and individuals in South Jersey and Philadelphia to feel confident through proactive accounting and advisory solutions.