On December 22, 2017, President Donald Trump signed into legislation the Tax Cuts and Jobs Act. Of importance, the bill repealed and/or limited many deductions for individuals, such as implementing a $10,000 cap on deductions for state and local taxes, which includes property tax. This cap, however, does not apply to state and local taxes paid while carrying on a real estate trade or business. The change has led to a spell of homeowners hurrying to prepay their property taxes in order to take the deduction when filing their taxes in April of 2018. Outside of the many changes which will affect individuals at a personal level, there are also many changes, as well as preservations, which will affect the commercial real estate industry.
While most of the US media is focused on various bills that have been hung up in congress over the last year, a bill providing additional tax relief to family farmers through Chapter 12 bankruptcy, has not received much attention. On October 26, 2017, President Trump signed the Family Farmer Bankruptcy Clarification Act of 2017 (H.R. 2266) into law. This new law expands the tax relief granted to family farmers in 2005, and legislatively overturns the narrow interpretation of the Supreme Court of that 2005 act.
Medicare Tax law generally. The new Medicare Tax law (I.R.C. § 1411) was added to the Internal Revenue Code by the Health Care and Education Reconciliation Act of 2010, in part to offset some of the costs of Obamacare. Very generally, the tax is imposed on an individual's unearned income (i.e., net investment income including, in part, net income from rents and a trade or business that is a passive activity with respect to the taxpayer).