Key Tax Provisions — Final Legislation with Comparison Across 2025 Reconciliation Bills

Final Legislation with Comparison Across 2025 Reconciliation Bills

Individual Key Tax Provisions

Tax Provision Current Law House Bill Senate Bill (Approved by House)
Individual Income Tax Rates TCJA rates expire after 2025; seven brackets return to pre-TCJA. Makes TCJA rates permanent; inflation-adjusted. Same as House; adds extra year of inflation for 10% and 12% brackets.
Standard Deduction Reverts to pre-TCJA after 2025. Single $16k, HoH $24k, MFJ $32k. Single $15.75k, HoH $23.625k, MFJ $31.5k (all indexed).
Personal Exemptions Suspended through 2025; returns 2026. Permanently repealed. Same as House.
Child Tax Credit $2,000 per child; reverts to $1,000 after 2025. $2,500 per child (2025–2028), $2,000 afterward; stricter SSN rules. $2,200 per child; $1,700 refundable; only one SSN needed if married.
Earned Income Tax Credit No certification required; Form 8867 for preparers. New IRS certification required from 2028. Not addressed.
Other Dependent Credit $500 non-refundable credit; expires after 2025. Made permanent. Same as House.
Estate and Gift Tax Exemption $13.61M (2024), reverts to ~$5M after 2025. $15M (indexed from 2026); made permanent. Same as House.
AMT Exemption Higher TCJA levels expire after 2025. Makes permanent. Increases phase-out rate to 50%; steeper claw-back.
Mortgage Interest Deduction $750k debt limit expires after 2025. Limit made permanent. Same as House; includes mortgage insurance premiums.
Home Equity Debt Disallowed unless for acquisition; expires after 2025. Disallowance made permanent. Same as House.
Casualty Loss Deduction Allowed only for federally declared disasters through 2025. Makes limitation permanent; defines disasters as of H.R. 1 enactment. Same as House, adds some state-declared disasters.
Misc. Itemized Deductions Suspended through 2025. Permanently eliminated. Same as House; removes educator unreimbursed expenses.
Pease Limitation Suspended through 2025. Permanently repeals; new $0.35/$0.32 per $1 limit for high earners. Same, excludes Sec. 199A deduction from cap.
Moving Expenses Suspended (except Armed Forces). Permanently disallowed. Same as House.
Wagering Losses Limited to winnings. Limits to 90% of losses, only up to winnings. Same as House.
Charity Deduction (Non-Itemizers) Not available after 2021. $150 ($300 joint) for 2025–2028. $1,000 single / $2,000 MFJ; permanent.
Charity Deduction (Itemizers) Deductible if over AGI limits. Not addressed. Limited to contributions exceeding 0.5% of contribution base.
Excise Tax on Remittances None. 3.5% tax from 2026; collected by RTPs. 1% tax from 2026; same enforcement.
Tips Deduction Tips are taxable. Deductible (except high-income); ends 2028; $160k income limit. Capped at $25k; phase-out starts at $150k/$300k; ends 2028.
Overtime Deduction Taxable income. Deductible; ends 2028. Capped at $12,500 with income limit.
Senior Deduction Extra standard deduction for 65+. $4,000 bonus (2025–2028). $6,000 bonus (2025–2028).
Car Loan Interest Not deductible. Up to $10k deductible on US-assembled car loans (2025–2028). Same as House.
Student Loan Discharge Exclusion for death/disability ends after 2025. Makes exclusion permanent; requires SSN. Same as House.
Employer Student Loan Benefit $5,250 max; expires after 2025. Made permanent; indexed. Same as House.
Adoption Credit Nonrefundable. Adds $5,000 refundable portion; indexed. Same as House.
529 Plan Uses Limited to higher ed and $10k K-12. Expands to homeschool and CPA exam costs. Same as House.
Trump Accounts N/A New tax-exempt account with $1,000/child contribution. Same as House; refinements under discussion.
SALT Cap $10,000 cap. Raises to $40k ($20k MFS); phased down. $40k in 2025; indexed until 2029; reverts to $10k in 2030. No cap for pass-throughs.
Penalties for Unauthorized Disclosure $5,000 fine; 5 years prison. $250,000 fine; 10 years prison. Not addressed.
Contingent Fees (Tax Services) Generally prohibited. Allowed for all filings and claims. Not addressed.

 

Business Tax Key Provisions — Detailed Comparison

 

Tax Provision Current Law House Bill Senate Bill (Approved by House)
IRS Direct File Program Pilot program active. Terminates Direct File; creates Free File task force. Keeps Direct File; $15M for partnership study.
Sec. 199A QBI Deduction 20% pass-through deduction; expires after 2025. 23% deduction; permanent; modifies phase-out. 20% permanent; increases phase-out threshold; adds $400 min deduction.
PTET SALT Deduction $10k individual cap; PTET workaround allowed. $40k individual cap; PTET disallowed for SSTBs. $40k cap; no limit for pass-throughs.
Sec. 461(l) Excess Business Loss Disallowed through 2028; carried forward under NOL rules. Made permanent; adds re-testing. Made permanent; preserves carryforward treatment.
Employee Retention Credit (ERC) Claims accepted through 2024/2025; enforcement ongoing. ERC repeal removed from final House version. Disallows late 2021 claims as of Jan 31, 2024; enhances enforcement.
Childcare Credit 25% of expenses; $150k max. Increased to 40% (50% for small biz); $500k–$600k max; indexed. Same as House.
Form 1099 Reporting Threshold $600 threshold. $2,000 threshold; inflation-adjusted after 2026. Same as House.
Third-Party Network De Minimis ARPA changed from $20k/200 txns to $600. Restores $20k/200 txn threshold. Same as House.
Paid Family Leave Credit Temporary; ends after 2025. Extended and enhanced. Same as House.
R&E Expensing 5-year amortization for domestic; 15 for foreign. Full domestic expensing 2025–2029. Full domestic expensing permanent; retroactive to 2022 for small businesses.
Bonus Depreciation 80% in 2023, phases out by 2026. 100% from Jan 19, 2025–2029. 100% permanent for property acquired after Jan 19, 2025.
Manufacturing Property Not separately defined. Bonus depreciation for qualifying manufacturing property (service by 2033). Same but must be in service by 2031.
Sec. 179 Expensing $1.16M limit; $2.89M phase-out. $2.5M limit; $4M phase-out. Same as House.
Small Business Accounting $31M gross receipts threshold (2025). $80M threshold for manufacturers. Not addressed.
Sec. 1202 Stock Exclusion 100% exclusion if held 5+ years. Not addressed. 50% exclusion (3 years), 75% (4), 100% (5); increases $50M cap to $75M.
Sec. 163(j) Interest Deduction EBIT through 2021; EBITDA after. Returns to EBITDA for 2025–2029. Returns to EBITDA permanently.
Tip Credit Available for food/beverage industry. Expanded to beauty services (2025+). Same as House.
WOTC Expires Dec 31, 2025. Not extended. Not extended.
FDII/GILTI Deduction 37.5% FDII, 50% GILTI. 36.5% FDII, 49.2% GILTI. 33.34% FDII, 40% GILTI; renamed as FDDEI and NCTI.
BEAT Increases to 12.5% after 2025. Caps at 10.1%. Caps at 10.5%.
UBIT Fringe Benefits Transportation fringe disallowed under TCJA. Tax-exempt orgs pay UBIT; exception for churches. Not addressed.
Opportunity Zones Expire end of 2028. Ends early (2026); new round from 2027–2033 with 33% rural requirement. Makes OZs permanent with rolling 10-year designations.
State Tax Nexus Protected under P.L. 86-272 (solicitation only). Broadens ‘solicitation’ to include facilitation. Same as House; moved to Judiciary Title.
Corporate Charity Deduction Up to 10% of taxable income. Adds 1% floor; only amounts above deductible. Same as House.

Energy Key Provisions — Detailed Comparison

Tax Provision Current Law House Bill Senate Bill (Approved by House)
Sec. 179D (Energy Efficient Commercial Buildings Deduction) Allows up to $5/sq.ft. for energy-efficient building systems. Phases in through 2032. Not addressed. Terminates for property beginning construction after June 30, 2026.
Sec. 25C (Nonbusiness Energy Property Credit) 30% of qualified expenses; annual cap of $1,200; expires after 2032. Ends after December 31, 2025. Same as House.
Sec. 25D (Residential Clean Energy Credit) 30% credit for solar, wind, geothermal; phases down after 2032 and expires in 2034. Ends after December 31, 2025. Same as House.
Sec. 25E (Used Clean Vehicle Credit) Up to $4,000 for qualifying used EVs; income and price caps; expires in 2032. Ends after December 31, 2025. Ends after September 30, 2025.
Sec. 30C (Alternative Fuel Vehicle Refueling Property) 30% credit; up to $100,000 per item; available through 2032. Ends after December 31, 2025. Ends after June 30, 2026.
Sec. 30D (New Clean Vehicle Credit) Up to $7,500 for new EVs; subject to critical mineral and battery content requirements; ends in 2032. Ends after December 31, 2025. Ends after September 30, 2025.
Sec. 45D (New Markets Tax Credit) Provides annual credit allocation through 2025. Not addressed. Makes NMTC permanent.
Sec. 45L (Energy Efficient Home Credit) Up to $5,000 per home for qualified new energy-efficient homes; expires in 2032. Ends after December 31, 2025 (or 2026 for homes begun before May 2025). Ends after June 30, 2026.
Sec. 45W (Commercial Clean Vehicles Credit) Credit of up to $40,000 per qualifying commercial EV; expires in 2032. Ends after December 31, 2025. Ends after September 30, 2025.
Sec. 45Y (Clean Electricity Production Credit) New credit with no expiration; replaces existing wind/solar credits starting in 2025. Phases out starting in 2029; transferability removed; restricts foreign entity participation. Ends eligibility for wind/solar starting 2027; others end in 2032; same restrictions on foreign participation.
Sec. 48E (Clean Electricity Investment Credit) No expiration; replaces ITC for projects starting after 2024. Same as Sec. 45Y phaseout. Ends after 2027 for wind/solar and after 2032 for others.

 

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