Tax Reform

Small Business Tax Dedeuction Section 199A

Latest Tax News for Small Business

Tax Increase and Mandate Proposals in Washington Could Break the Small Business Recovery

An American recovery depends on the small business recovery. To protect America’s small businesses from new proposed taxes and mandates that could break the fragile small business recovery, NFIB is leading the Small Business Survival campaign.

Congress continues to consider the following harmful tax increases and new mandates for small business:

  • Imposes a new 3.8% “Small Business Surtax” on business income earned by S corporations, partnerships, and LLCs
  • Mandating a comprehensive and inflexible four-week federal paid family and medical leave program beginning in 2024
  • More imposing than doubling the federal minimum wage to $15 an hour
  • Increasing legal liability by making legitimate business-related pay differences difficult to defend in court and allowing unlimited damages  

As the U.S Senate considers the Build Back Better Act, it may change considerably but thanks to the advocacy of small business owners, the following tax hikes and mandates were removed from the House-passed version of the legislation:

  • Limiting the Small Business Deduction (IRS Section 199A)
  • Raising the corporate tax rate from 21% to 26.5%
  • Raising the top income tax rate on individually- and family-owned businesses from 37% to 39.6%
  • Expanding the estate tax’s reach
  • Increasing the top capital-gains tax rate from 23.8% to 28.8%
  • Enacting elements of the Protecting the Right to Organize (PRO) Act
  • Mandating that small businesses with more than 5 employees provide paid sick leave and retirement accounts

Take Action:
Thanks to the engagement and advocacy of the NFIB members, these proposals were pulled from the House, however, they can still be considered by the Senate. Please ask your members of Congress not to let the latest plans in Washington break the fragile small business recovery.

  Tax Relief for Small Businesses:

In 2017, NFIB and others worked with Congress to provide significant tax relief for small businesses. A survey on these tax changes confirmed that the overwhelming majority (78%) of small business owners believe the 2017 tax relief had a positive effect on the economy, prior to the COVID-19 pandemic. 

Small Business Deduction

The centerpiece of the pro-small business tax changes is Section 199A, the Small Business Deduction. Approximately 75 percent of NFIB members are organized as pass-throughs (S corporations, LLCs, sole proprietorships, or partnerships), not as C corporations.

Pass-through business owners (S corporations, LLCs, sole proprietorships, or partnerships) – regardless of the type of business they own – can claim up to a 20% tax deduction on their share of the business’s income up to $170,050 in tax year 2022, or $340,100 for those filing jointly. For small business owners whose qualified business income exceeds the threshold, the deduction is subject to formulaic limitations. You can still benefit from the deduction if your business is employee intensive, or you make capital expenditures.

More than 81% of small business owners believe the Small Business Deduction is important to the health of their business. However, without additional congressional action, this important small business provision is scheduled to expire after 2025 alongside other helpful tax benefits. Read more about the Small Business Deduction here.

The Main Street Tax Certainty Act makes this critical deduction permanent. Please ask your Representative or Senators to co-sponsor this crucial legislation and be an advocate for small business tax relief. 

Lowered Individual Tax Rate

Eighty-four percent of small business owners say the current, lower individual tax rates are important to them. Read more from NFIB’s full 2021 tax relief survey here. 

Standard Tax Deduction

In 2018, the standard deduction nearly doubled to simplify filing taxes for Americans. For tax year 2022, the standard deduction is $12,950, or $25,900 if you’re filing jointly.

Estate Tax

For tax year 2022, the estate tax exemption is $12.06 million for single filers and $24.12 million for joint filers. This protects more small business owners from tax preparation expenses and issues created when business assets are passed on to children or other family members. Nearly 70% of small business owners see this increased exemption as important.

Talk to your financial advisor about how likely your business is to be affected by the estate tax and other taxes at death currently being considered by Congress – such as the repeal of the stepped-up basis and capital gains rate increase so you can be prepared.

NFIB leads a coalition of stakeholders fighting to Repeal the Death Tax, learn more here.

Expensing Equipment

Small business owners were already able to immediately deduct some of the costs of equipment purchased for use in their business. The maximum deduction in tax year 2022 is $1,080,000 and the 2022 spending cap for purchases is $2,700,000. Unlike other tax relief,  Section 179 is permanent.

Eligible assets that depreciate over time are now eligible for “bonus expensing” where instead of expensing a fraction of the price per year of use, you can expense the entire purchase at once. Bonus expensing phases out in 2024.

Arizona small business owners Brad and Hilary Scott spoke out on receipts taxes and other issues in 2019.

Family and Medical Leave Tax Credit

The TCJA provides eligible employers who offer paid family and medical leave to their employees a tax credit for tax years 2018 and 2019. The Consolidated Appropriations Act of 2022 (CAA) extends this helpful credit through 2025. Additional information from the IRS is available here.

Corporate Tax Rate

Currently, the C corporation rate is 21%. In NFIB’s survey of small business owners, 77% view this as important. Read more from the tax relief survey here.

Watch the 2022 NFIB Tax Summit


See If You Benefit From the Small Business Deduction

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Tax Relief Infographic

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Have questions about Section 199A?
Visit IRS.gov/tax-reform

Get the Facts!

Our infographic below details how the 20 percent deduction means big savings for small business.

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199A Infographic

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Tax Relief Infographic

Top 5
Tax Cut Wins

Small Business Deduction:
20% deduction of qualified business income

Individual Tax Rates:
Reduces individual rates and expands income thresholds

Corporate Taxation:
Corporate tax rate reduced to 21% and corporate alternative minimum tax repealed. 

Section 179 Expensing:
Raised from $500,000 to $1 million per year

Obamacare Individual Mandate: Penalty for noncompliance repealed Jan 1, 2019

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