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ARTICLE · 09 JANUARY 2018

New Pass-Through Entity Deduction Delivers Tax Relief And Complexity

Duane Morris LLP
Duane Morris LLP
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Finally, note that the deduction will not apply to tax years beginning after December 31, 2025.

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In addition to providing a tax break for corporations, the Tax Cuts and Jobs Act added new Internal Revenue Code Section 199A, which creates a deduction for owners of pass-through entities. While Section 199A definitely does not provide tax simplification, it does provide significant tax savings for many persons who operate their business in a partnership, limited liability company or S corporation, as well as for investors in such entities, REITS and publicly traded partnerships.

In general, a taxpayer is entitled to a deduction equal to 20 percent of the taxpayer's so-called "qualified business income" from partnerships, limited liability companies, S corporations and sole proprietorships, and 20 percent of qualified REIT dividends, publicly traded partnership income and qualified cooperative dividends. This deduction, however, is subject to a variety of limitations and exclusions. First, except for the income of architects and engineers, income from a service

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