OMB’s Office of Information and Regulatory Affairs (OIRA) today reported that it has completed review of final regulations as guidance concerning whether and to what extent an individual (including a trust or estate) is entitled to a deduction under section 199A with regard to trade or business income earned through a sole proprietorship, partnership, or S corporation. Section 199A was enacted as part of the U.S. tax law (Pub. L. No. 115-97, date of enactment December 22, 2017) that is at times referred to as the “Tax Cuts and Jobs Act” (TCJA).
OIRA also reported today that it has completed review of proposed regulations under section 199A as guidance for RICs and REITs (regulated investment companies and real estate investment trusts).
The regulations are described on the OIRA website as follows:
Treasury regulations that are identified as “major” regulations are subject to review by OMB’s OIRA before issuance, pursuant to Executive Order 13771. Now that OIRA review of these two packages of regulations has been completed, it is expected that Treasury and the IRS will release the text of the final regulations under section 199A and text of the proposed regulations under section 199A for RICs and REITs. The timing of the release of these regulations is uncertain, but it could be as early as tomorrow, January 18, 2019.
A new deduction is allowed under section 199A (added to the Code by the TCJA). The 20% deduction under section 199A generally is available for qualified business income of certain non-corporate taxpayers (including income from publicly traded partnerships and qualified REIT dividends) for tax years beginning after December 31, 2017. Eligible taxpayers can claim the 20% deduction for the first time on their 2018 federal income tax returns.
In August 2018, Treasury and the IRS released proposed regulations under section 199A. Read KPMG’s report of initial impressions about the section 199A proposed regulations: TaxNewsFlash
© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.KPMG International Cooperative (“KPMG International”) is a Swiss entity.
Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.