One Big Beautiful Bill Act Brings Changes to Individual Tax Provisions

President Donald Trump signed into law the far-reaching reconciliation bill known as the One Big Beautiful Bill Act (OBBBA) on July 4. The tax title of this massive legislation affects many aspects of the U.S. tax regime, including numerous provisions relevant to high-net-worth individuals, discussed below.


Extension of TCJA Tax Rates  

The lower individual marginal tax rates enacted under the Tax Cuts and Jobs Act (TCJA) were set to expire at the end of 2025. The OBBBA makes these rate reductions permanent, while adding an additional year of inflation adjustment to the 10% and 12% brackets. This provision is effective for tax years beginning after December 31, 2025.

Qualified Business Income Deduction

The TCJA introduced a provision whereby certain noncorporate taxpayers could deduct up to 20% of their qualified business income (QBI) derived from a partnership, S corporation, or sole proprietorship, certain REIT dividends, and publicly traded partnership income. The OBBBA permanently extends the QBI deduction. In addition, it expands the taxable income phaseout limitations by increasing the current $50,000 (for non-joint returns) and $100,000 (for joint returns) amounts to $75,000 and $150,000, respectively. This provision introduces a new, inflation-adjusted minimum deduction of $400 for taxpayers who have at least $1,000 of QBI from one or more active trades or businesses in which the taxpayer materially participates. This provision is applicable to tax years beginning after December 31, 2025.

Estate and Gift Tax Exemption Amount

The unified estate and gift tax exemption amount for 2025 is $13.99 million, but that amount was set to reduce to approximately half starting in 2026. The OBBBA permanently increases the base exemption amount in 2026 to $15 million for individuals and $30 million for married couples (indexed for inflation thereafter). The provision is applicable to estates of decedents dying and gifts made after December 31, 2025. The generation-skipping transfer (GST) tax exemption amount is linked to the estate tax exemption amount, so these adjustments are also applicable to the GST exemption.

Itemized Charitable Deductions

The OBBBA creates a new “floor” on charitable deductions. The itemized deduction for charitable contributions will be allowed only to the extent that total contributions exceed 0.5% of an individual’s adjusted gross income. This limitation applies for tax years beginning after December 31, 2025.

In addition to the itemized charitable contribution deduction floor, and as discussed below, the OBBBA implemented a cap on the benefit individuals may receive from itemized deductions to 35%, which is below the top marginal individual income tax rate of 37%. 

Finally, cash contributions to qualifying public charities remain subject to the 60% of adjusted gross income limit, which the OBBBA made permanent.

Section 1202 Qualified Small Business Stock Gain Excluded From Gross Income

For qualified small business stock (QSBS) issued after July 4, 2025, the OBBBA introduces a three-tiered gain exclusion rule that depends on the holding period: 

  • For QSBS held for three years or more up to four years, taxpayers may exclude 50% of the gain; 
  • If the QSBS is held for four years or more up to five years, taxpayers may exclude 75%; and 
  • For QSBS held for five years or more, taxpayers may exclude100%. 

With respect to the 50% and 75% exclusions, the excess that is not excluded will be considered Section 1202 gain subject to a 28% capital gain rate plus the 3.8% tax on net investment income. There will be no alternative minimum tax (AMT) preference amount for stock issued after July 4, 2025, similar to the rule imposing no AMT for QSBS issued after September 27, 2010. 

The QSBS exclusion was previously the greater of $10 million or 10 times the taxpayer’s basis or cost in the stock. The OBBBA increases the $10 million limit on the exclusion to $15 million (or 10 times basis) for QSBS issued after July 4, 2025. Furthermore, the aggregate gross assets test to determine if a corporation qualifies as a small business under Section 1202 is increased from $50 million to $75 million for QSBS issued after July 4, 2025. Both the $15 million exclusion and the $75 million gross assets test will be adjusted for inflation starting in 2027. If a taxpayer has fully utilized the $15 million exclusion, the inflation adjustment will be zero for purposes of determining any further use. If a married couple is filing separately, the exclusion amount for each spouse is one half of the $15 million, as it was one half when the cap was $10 million. The revised Section 1202 does not clarify the issues concerning the available exclusion for a married couple filing jointly when both spouses own and sell QSBS.

Excess Business Losses

The OBBBA makes the excess business loss provision in Section 461(l) permanent, but reduces the threshold at which it applies by clawing back recent inflation adjustments. Unlike some prior versions of the bill, the final version provides that the excess will continue to be treated as a net operating loss in the subsequent year.

Limit on Itemized Deductions 

The OBBBA permanently replaces the Pease limitation with a new overall limitation on the tax benefit of itemized deductions, effectively capping the value of each dollar of allowable itemized deductions at 35 cents. This provision is effective for tax years beginning after December 31, 2025. Unlike the Pease limitation, this new limitation provision does not exclude medical, investment interest, and casualty and theft deductions from application of the limit.

Pass-through Entity Tax Workaround for Deduction of State and Local Taxes

The OBBBA does not include provisions limiting the application of this workaround. 

529 Plans

The OBBBA expands the types of educational expenses that can be paid tax-free from Section 529 savings plans with respect to enrollment or attendance at an elementary or secondary school to include tuition, curriculum and curricular materials, books or other instructional materials, online educational materials, certain tutoring or educational classes outside the home, certain testing fees, fees for dual enrollment in an institution of higher education, and certain educational therapies for students with disabilities. The provision applies to distributions made after the date of enactment, July 4, 2025. However, the $10,000 annual limit on using 529 plan assets for K-12 expenses will increase to $20,000 for tax years starting in 2026.  

Tax-exempt distributions from Section 529 savings plans will also be expanded to include qualified postsecondary credentialing expenses in connection with recognized postsecondary credential programs and recognized postsecondary credentials. The provision applies to distributions made after July 4, 2025.

Opportunity Zones

The OBBBA makes the opportunity zone (OZ) incentive permanent. For investments made after 2026, taxpayers will be required to recognize the deferred gain five years after the date of the investment, but may receive a basis step-up of up to 10% for holding the investment the full five years. Investments in newly created rural OZs can receive up to a 30% basis step up. 

Residential Clean Energy Credit

The OBBBA accelerated the expiration date of the 30% residential clean energy credit for expenditures made after December 31, 2025.

Trump Accounts

The OBBBA establishes a new tax-preferred account – similar to individual retirement accounts -- available for individuals under the age of 18. Contributions, which may not begin until one year after enactment, can be made until the calendar year before an individual turns 18 and are capped at $5,000 per year. Employers are allowed to make tax-free contributions of up to $2,500 (for 2026, adjusted for inflation for subsequent years) to Trump accounts, and those contributions will not be considered income to employees. Employer contributions excluded from gross income are limited to $2,500 per year. Other provisions allow governmental and charitable contributions to classes or categories of eligible beneficiaries. The bill restricts investment until age 18 to S&P 500 indexes and other similar indexes for equity investments primarily in U.S. companies.

The OBBBA includes a provision that creates a pilot program for a government-funded $1,000 tax credit to the Trump accounts of children born between January 1, 2025, and December 31, 2028. Distributions cannot begin until the calendar year an individual turns 18, and then are subject to the same general rules as individual retirement accounts. 

Please visit BDO’s Private Client Service page for more information on how BDO can help.