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What’s in the Inflation Reduction Act? Implications for Business Owners

 

2022 has been a difficult year for many Americans.  The United States, like much of the world, continues to face the COVID-19 pandemic and the many issues it has spurred.  In May 2022, the Pew Research Center reported that, according to recent research, U.S. citizens reported that inflation was the most important issue facing the country.  Inflation, by definition, measures “the overall impact of price changes for a diversified set of products and services.”  As inflation rises, purchasing power declines.  In more practical terms, an increase in inflation means you can buy less with the same amount of money than you could previously.  That effect is likely why so many Americans list inflation among their top concerns today.  

Making the aforementioned results even more concerning is the fact that they were released before inflation even peaked in the U.S.  This past June, the inflation rate reached as high as 9.1%.  As the fall season approaches, it is still hovering north of 8%.

Data from U.S. Inflation Calculator

            With inflation remaining high and no clear end in sight, President Joe Biden signed the Inflation Reduction Act (IRA) on August 16, 2022, with the aim of combatting this troubling trend. However, the title alone does not capture the full contents of the IRA.  Among its provisions are heightened clean energy investments, Affordable Care Act subsidy extensions, and steps to reduce prescription drug costs. 

What effect the IRA has on national inflation remains to be seen.  Many experts project that the IRA will not dramatically reduce inflation in the near future.  Even so, the legislation will implement various tax changes in the short-term that will impact individuals as well as businesses and other organizations.  Here are some of the most notable changes and how they might affect you as a business owner.

 New Corporate Minimum Tax

            This has been among the most-discussed aspects of the IRA, but fortunately for most business owners, this will not affect them.  The new minimum tax of 15% will only apply to corporations with a book income threshold of one-billion dollars.  S corporations, regulated investment companies, and real estate investment trusts are not included.  Overall, this provision will likely apply to only about 150 corporations.  Thus, despite the publicity of this particular change, the vast majority of business owners can disregard it.

 Increased Funding for the Internal Revenue Service (IRS)

            Another prominent facet of the IRA is increased support for the IRS.  The IRA specifically designated approximately $80 billion in new funding for the IRS.  Over half of this total, about $46 billion, has been directed to be used for enforcement.  Naturally, this may incite anxiety about potential increases in audits for business owners.  However, it appears that these funds will not be utilized to target most small businesses.

 Treasury Secretary Janet Yellen has informed the IRS that these funds should not be used to increase audits of small businesses with incomes below $400,000.  Furthermore, IRS Commissioner Charles Rettig has publicly asserted that this funding is, “absolutely not about increasing audit scrutiny on small businesses or middle-income Americans.”

 Research and Development Tax Credit for Small Businesses

            The Research and Development Tax Credit was established in 1981 as a way to incentivize U.S. business growth.  Starting in 2023, the credit will double from $250,000 to $500,000.  It can be used to offset expenses meant for organization improvements, as well as payroll taxes. Typically, “qualifying expenditures… include the design, development or improvement of products, processes, techniques, formulas or software.”  Some type of “hard science” must usually be involved as well.  Examples of eligible activities may include costs for patent development, wages for employees conducting qualifying research, and supplies used for qualifying research and development. Section 41 of the Internal Revenue Code covers qualifying expenses in more detail.  

Excise Tax on Corporate Stock Repurchases

            This provision, much like the aforementioned new corporate minimum tax, has gained much attention but likely will not affect most small businesses.  Per the IRA, corporate stock repurchases may be subject to a 1% excise tax.  However, there are multiple exceptions, including situations where the total repurchased stock is valued at less than $1 million for the year.

 ACA Tax Credits Extended

            Approximately 25% of the Affordable Care Act (ACA) Marketplace is composed of small-business owners and self-employed individuals.  This constitutes over 2 million individuals.  The IRA will ensure that ACA subsidies, which were increased in response to the COVID-19 pandemic, are extended through 2025.  In other words, the many Americans who utilize these subsidies, which were supposed to expire at the end of this year, can continue to benefit from them.

 Electric Vehicle Tax Credits

            Among the aims of the IRA is to battle climate change through clean energy incentives.  One of the provisions designed to support this goal involves tax credits for electric vehicles.  The IRA allows for credits of up to $7,500 for commercial vehicles weighing less than 14,000 pounds and up to $40,000 for commercial vehicles over 14,000 pounds.  Simply put, business owners can reduce their tax load by purchasing electric vehicles.  Unfortunately, this provision will not commence until 2024.

 Energy Tax Credits

            Another set of provisions intended to support sustainability is the expansion of energy investment tax credits (ITC).  This will allow for more projects that previously qualified only partial ITC claims to receive full ITC claims.  A common example for businesses is a solar photovoltaic system, which provides solar power.  For more detail on these provisions, look here.

 179D Deductions

            Section 179D of the Internal Revenue Code (IRC) has allowed building owners to receive tax deductions if they implement architectural systems that meet certain requirements.  One of the primary requirements will be that the system installed boosts energy efficiency by at least 25%.  For more information, you can look here.

 By: Jacob Hebda


 

 

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