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3/19/2020

Treasury Issues Proposed Regulations on New 20 Percent Deduction for Pass-Through Businesses | U.S. Department of the Treasury

Treasury Issues Proposed Regulations on New 20 Percent
Deduction for Pass-Through Businesses
August 8, 2018

Washington—The U.S. Department of the Treasury and Internal Revenue Service (IRS) issued
proposed regulations

today implementing a significant provision of the Tax Cuts and Jobs

Act, which allows owners of sole proprietorships, partnerships, trusts, and S corporations to
deduct 20 percent of their qualified business income. The proposed rules ensure that this
historic tax cut will be available to the broadest spectrum of American businesses, consistent
with the law, while minimizing compliance costs and streamlining the process for claiming the
deduction.
“The pass-through deduction is an important tax cut for small and mid-size businesses,
reducing their e ective tax rates to their lowest levels since the 1930s,” said Secretary Steven T.
Mnuchin. “Pass-through businesses play a critical role in our economy. This 20-percent
deduction will lead to more investment in U.S. companies and higher wages for hardworking
Americans.”
The proposed rules:
1. Ensure that all small business income below $315,000 for married couples filing jointly (and
$157,500 for single filers) is eligible for the deduction;
2. Provide clarity and flexibility for filers over those income thresholds by:
Including “aggregation rules” for filers with pass-through income from multiple sources;
Issuing guidance relating to specified service, trade or business (SSTB) income above
the thresholds, which may be subject to limitation for the purposes of claiming the
deduction; and
Allowing a de minimis exception to avoid unnecessary compliance costs for businesses
earning only a small percentage of SSTB income; and
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3/19/2020

Treasury Issues Proposed Regulations on New 20 Percent Deduction for Pass-Through Businesses | U.S. Department of the Treasury

3. Establish anti-abuse safeguards to prevent improper tax avoidance schemes, such as
relabeling employees as independent contractors.

Qualified business income includes domestic income from a trade or business. Employee
income, capital gains, interest, and dividend income are excluded from this deduction.
View the guidance.
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https://home.treasury.gov/news/press-releases/sm456

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