Part 2
In this second part of our two-part series on the One Big Beautiful Bill Act (OBBBA), we examine the legislation's impact on businesses, trusts, and estates. In addition, we will look at its overall economic impact.
Estate Tax Changes
The federal estate tax exemption receives a significant boost under OBBBA. Previously set to go back to pre-TCJA levels at the end of 2025, the exemption is now permanent. For 2026, the exclusion is $15 million per person, adjusted for inflation annually. This represents a substantial increase from the 2025 exemption of $13.99 million per person.
Business Tax Benefits
OBBBA extends several key business tax provisions that were set to expire, ensuring continued tax relief for various business structures.
Pass-Through Entities benefit significantly from the permanent extension of the Section 199A deduction. This 20 percent deduction on business income that applies to LLCs, S corporations, and sole proprietorships was scheduled to expire at the end of 2025. The House's proposed increase to 23 percent didn't make the final cut.
Depreciation rules become more favorable permanently. The 100 percent bonus depreciation provision, which was phasing out, is now permanent. Additionally, the Section 179 expensing limit jumps to $2.5 million and begins to get phased out at $4 million.
Research and Development expenses can now be fully expensed for domestic R&D activities, replacing the previous requirement to amortize costs.
Employee Retention Credit Reforms
The pandemic-era Employee Retention Credit faces significant restrictions. Unpaid claims submitted after Jan. 31, 2024, are prohibited from receiving refunds. The legislation also introduces penalties for ERC mill promoters and extends the statute of limitations to six years.
Conclusion
This legislation represents a significant commitment to extending business-friendly tax policies while substantially increasing the federal debt burden. For businesses and high net-worth individuals, OBBBA provides long-term tax planning certainty by making temporary provisions permanent.
