Updated for the One Big Beautiful Bill Act (P.L. 119-21, signed July 4, 2025) - This article summarizes OBBBA provisions for NJ residents. Key changes: SALT maximum raised to $40,000 for 2025 and $40,400 for 2026 for non-MFS filers, with the phase-down beginning above $500,000 and $505,000 MAGI, respectively, and a $10,000 floor; married filing separately uses half those maximums, thresholds, and floor, and the statutory phase-down calculation controls • 100% bonus depreciation made permanent for qualifying property acquired after January 19, 2025 (transition rules apply to earlier acquisitions) • QBI deduction made permanent • New deductions for tips, overtime, and seniors • Estate tax exemption set at $15M • NJ still does not conform on bonus depreciation, QBI, or HSA.

In This Article

  1. What Is the One Big Beautiful Bill Act?
  2. OBBBA at a Glance: NJ Impact Summary
  3. SALT Cap: $40,000 for 2025 ($40,400 for 2026)
  4. Bonus Depreciation: 100% Permanent
  5. QBI Deduction (§199A): Permanent
  6. Section 179: $2.56M Federal Cap, $25,000 NJ Cap
  7. No Tax on Tips (IRC §224)
  8. No Tax on Overtime (IRC §225)
  9. Senior Bonus Deduction: $6,000 for Ages 65+
  10. Vehicle Loan Interest Deduction: Up to $10,000
  11. Child Tax Credit: $2,200, Permanent
  12. Estate Tax: $15 Million Exemption, Permanent
  13. Section 174 R&E Expenses: Immediate Expensing Restored
  14. Miscellaneous Itemized Deductions: Permanently Eliminated
  15. Standard Deduction: Permanently Increased
  16. Dependent Care FSA: $7,500 Starting 2026
  17. Trump Accounts (Section 530A): Child Savings Accounts

Disclaimer: This article is educational and does not constitute tax advice or create a CPA-client relationship. Tax law changes frequently. Consult a licensed CPA before filing.

What Is the One Big Beautiful Bill Act?

The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025 (P.L. 119-21), made permanent or modified specified TCJA provisions, added several deductions, and made other structural changes to the tax code. This article covers selected provisions; others not covered here include the charitable changes for 2026 and later (a deduction of up to $1,000, or $2,000 on a joint return, for non-itemizers' eligible cash gifts to qualifying public charities, excluding donor-advised funds and supporting organizations; a floor of 0.5% of the contribution base for itemizers; and a limit on the value of itemized deductions in the 37% bracket), the permanent AMT exemption with its 2026 phase-out reset to begin at $500,000 ($1,000,000 joint) and run at 50 cents per dollar, and the early end of the residential energy credits (Sections 25C and 25D, after 2025) and the clean vehicle credit (vehicles acquired after September 30, 2025).

New Jersey treatment must be tested provision by provision and tax by tax. The Corporation Business Tax uses federal concepts with specified NJ modifications and can reflect rolling federal conformity, while the Gross Income Tax uses its own enumerated categories and deductions. A federal OBBBA change therefore cannot be labeled conformed or decoupled site-wide without identifying the NJ tax and return involved.

OBBBA at a Glance: NJ Impact Summary

Reference tableSwipe to view all columns →
ProvisionFederal ChangeNJ TreatmentAction Item
SALT capUp to $40,000 for 2025 or $40,400 for 2026 before phase-down; MFS limits are half. The 2026 MAGI threshold is $505,000, or $252,500 MFSA qualifying BAIT entity payment may be deducted federally under Notice 2020-75; owner-credit and full-return effects varyModel entity and owner returns annually
Bonus depreciation100% permanent for qualifying property acquired after January 19, 2025; transition rules for earlier acquisitionsFull add-back requiredRun dual federal/NJ schedules
QBI deduction (§199A)Permanent; beginning in 2026, a $400 minimum for an eligible taxpayer with at least $1,000 of aggregate QBI from materially participated qualified businesses, with both amounts indexed after 2026No corresponding NJ GIT deduction or add-back entryCompute the federal and NJ returns separately
Section 179~$2,560,000 federal capCapped at $25,000 in NJPlan NJ separately
No tax on tips (§224)Up to $25,000 for 2025–2028, subject to qualifying-tip, occupation, reporting, SSN, joint-filing, income and self-employed net-income rulesNo corresponding NJ GIT deduction under the Division’s December 1, 2025 guidanceDocument eligibility and compute NJ tax separately
No tax on overtime (§225)Up to $12,500, or $25,000 jointly, for eligible FLSA overtime premiums in 2025–2028; qualifying SSN, joint-filing, reporting and MAGI limits applyNo corresponding NJ GIT deduction under the December 1, 2025 guidanceTrack qualifying premiums and compute NJ tax separately
Senior deductionUp to $6,000 per eligible person age 65+, or $12,000 for two eligible spouses, for 2025–2028; qualifying SSNs, joint filing if married, and MAGI phaseout applyNJ retirement exclusions operate separatelyVerify federal eligibility and the separate NJ rules
Vehicle loan interestUp to $10,000 in 2025–2028, subject to MAGI limits, for an eligible post-2024 first-lien purchase loan on a qualifying new personal-use U.S.-assembled vehicle; VIN reporting appliesNo corresponding NJ GIT deductionVerify vehicle, loan, eligibility and reporting records
Child Tax CreditUp to $2,200 per qualifying child under 17, subject to SSN, income and other eligibility rules; inflation-indexed after 2025NJ TY2026–2028: up to $1,250 per qualifying child age 5 or younger, tiered through $80,000 of NJ taxable income; MFS is ineligibleApply each credit’s eligibility and return rules independently
Estate tax$15M permanent, indexed from 2027NJ has no estate tax; inheritance tax remainsNJ inheritance tax planning still required
Section 174A R&EImmediate domestic expensing restoredCBT treatment depends on N.J.S.A. 54:10A-4(k)(11) and TB-114(R), revised November 25, 2025; distinguish NJ research expenditures from non-NJ researchIdentify taxpayer, NJ tax, expense location, and return
Misc. itemized deductionsPermanently eliminatedNJ never allowed the federal miscellaneous-itemized category; evaluate only NJ-specific deductionsReview NJ-1040 Schedule separately
Standard deduction$15,750/$31,500 (2025), $16,100/$32,200 (2026), permanent, indexedNJ has no standard deductionOnly NJ-specific deductions apply
Dependent Care FSAFederal exclusion limit of $7,500 for 2026, or $3,750 for a married separate filer, subject to eligibility, earned-income and plan limitsApply NJ wage-exclusion and payroll rules separatelyVerify plan and payroll reporting

1. SALT Cap: $40,000 for 2025 ($40,400 for 2026)

The original TCJA capped the state and local tax (SALT) deduction at $10,000. The OBBBA raised this cap to $40,000 for 2025 and $40,400 for 2026, with 1% annual indexing through 2029.

The phase-down rule: For 2026, non-MFS taxpayers with modified AGI above $505,000 lose 30 cents of SALT cap for every dollar above the threshold. MFS taxpayers use a $252,500 threshold and halve the computed statutory limitation, so their $20,200 cap effectively falls by 15 cents per dollar of excess MAGI. The cap floors at $10,000 ($5,000 MFS). At approximately $606,333 MAGI, the elevated OBBBA benefit is reduced to that floor.

Reference tableSwipe to view all columns →
MAGI (MFJ)Effective SALT Cap
At or below $505,000$40,400
$539,667$30,000
$573,000$20,000
$606,333+$10,000 (floor)

The NJ BAIT comparison: A qualifying NJ Business Alternative Income Tax entity payment may be deducted federally under Notice 2020-75 outside the owner's individual Schedule A SALT-cap computation. The combined result depends on the BAIT base, owner credit, federal bracket, SALT-cap position, QBI interaction, timing, and entity costs; no income level guarantees a benefit. Read the full BAIT vs. SALT Cap analysis.

Scope note: The SALT cap and BAIT operate through different computations. Model the entity and owner returns under the stated facts; neither mechanism has a fixed or promised savings result.

2. Bonus Depreciation: 100% Permanent

The OBBBA (P.L. 119-21, §70301) makes 100% bonus depreciation under IRC §168(k) permanent for qualified property acquired and placed in service after January 19, 2025. Earlier acquisitions, including property governed by an earlier written binding contract, generally remain under the former phase-down: 40% in 2025, 20% in 2026 and zero thereafter, with the one-year-later schedule for qualifying longer-production-period property and certain aircraft. Apply Notice 2026-11 and the asset-specific acquisition, contract, placed-in-service, eligibility, business-use and transition rules; this is not an investment recommendation.

Qualifying property: MACRS property with a recovery period of 20 years or less, computer software, qualified improvement property (QIP), and certain film/television productions can qualify when the statutory requirements are met. Vehicles are their own analysis: weight alone is not a qualification test - listed-property business-use rules apply, passenger autos face the §280F annual caps, and heavy SUVs have a separate §179 cap.

The NJ add-back: New Jersey generally requires an add-back of federal bonus depreciation claimed under §168(k), followed by separate NJ depreciation and basis tracking. That ordinarily creates a timing difference whose reversal depends on later NJ recovery, disposition, and other property-specific facts - not automatically a permanent difference.

Cost-segregation treatment is property- and study-specific, while New Jersey depreciation can differ from the federal return. Monaco CPA does not provide real-estate accounting or cost-segregation services.

3. QBI Deduction (§199A): Permanent

The 20% qualified business income (QBI) deduction is now permanent. Key OBBBA modifications:

  • Minimum deduction starting in 2026: $400 for an eligible taxpayer with at least $1,000 of aggregate QBI from qualified businesses in which the taxpayer materially participates; both amounts are indexed after 2026.
  • Expanded phase-in range for the W-2 wage limitation, allowing more taxpayers above the income threshold to claim a partial deduction
  • 2026 threshold: SSTB phase-out begins at $201,750 (single/HoH) / $403,500 (MFJ), with the expanded OBBBA phase-out range ending at $276,750 / $553,500

NJ does not conform. New Jersey has not adopted §199A. The federal deduction begins with QBI after allocable deductions and remains subject to the taxable-income ceiling and other Section 199A limits; NJ provides no corresponding deduction, so the federal and NJ computations must be reconciled separately.

4. Section 179: $2.56M Federal Cap, $25,000 NJ Cap

Section 179 is an election for eligible property placed in service and used more than 50% for business. For 2026, the federal dollar limit is $2,560,000 and the investment phaseout begins at $4,090,000; the taxable-income, vehicle, election, and recapture rules also apply.

New Jersey's cap: $25,000 (N.J.S.A. 54A:5-1.2). When an eligible taxpayer elects federal Section 179 above that amount, the federal and NJ deductions can differ. In a hypothetical where $300,000 of eligible cost is fully deductible federally and NJ permits $25,000, the remaining $275,000 follows the applicable NJ cost-recovery and basis rules; actual treatment depends on eligibility, business use, placed-in-service timing, elections, taxable income, asset class, and records.

5. No Tax on Tips (IRC §224)

The OBBBA created a new below-the-line deduction for tip income under new IRC Section 224, claimed on Schedule 1-A Part II and flowing to Form 1040 line 13b on the 2025 form (line 13a on the current 2026 draft; verify the final form for the return year), after AGI. The deduction reduces taxable income but does NOT reduce AGI - so it does NOT improve EITC, CTC, IRA deductibility, or other AGI/MAGI-gated benefits. Per the final regulations (Treasury Decision 10044, April 13, 2026):

  • Maximum deduction: $25,000 per year
  • Tax years: 2025-2028 (four-year window; sunsets December 31, 2028)
  • MAGI phase-out: Begins at $150,000 (single/HoH) or $300,000 (MFJ); reduced $100 per $1,000 of MAGI above threshold; fully phased out at roughly $400,000 single / $550,000 MFJ. Married taxpayers must file jointly - MFS filers are ineligible for the §224 deduction entirely.
  • Qualifying tips: Voluntary cash tips from customers in occupations on the IRS Treasury Tipped Occupation Code (TTOC) list at Treas. Reg. §1.224-1(h) / IRS.gov/TippedOccupations. Mandatory service charges, automatic gratuities, digital assets, in-kind property, subscriptions, paywalls, and amounts received for pornographic activity do not qualify; all remain taxable income.
  • Eligibility mechanics: A valid-for-work SSN must be issued by the return due date including extensions (no ITINs), and married taxpayers must file jointly. A manager or supervisor may count a tip received directly for services performed in a listed tipped occupation but not an amount received through a voluntary or mandatory tip-sharing arrangement. The ownership anti-abuse rule applies at 5% or more of corporate vote/value or partnership profits/capital, and above 5% beneficial ownership of another entity, tested when the tip is received. Notice 2025-69 SSTB transition relief remains operative because the April 2026 final rules reserved the Section 224 SSTB subsection; this does not decide separate Section 199A classification. For self-employed recipients, the deduction is also limited to net income from the business that generated the tips, computed before this deduction.
  • Reporting rule: For 2025, employee W-2/earnings records and, for nonemployees, an applicable aggregate 1099 box plus corroborating records support the transition methods. For 2026 and later, the qualified cash-tip amount and TTOC generally must be separately reported on W-2 (Box 12 code TP plus the occupation field), the new qualified-tip fields on Forms 1099-NEC/MISC/K, another specified statement, or Form 4137. Schedule C or a private log alone does not satisfy the 2026 reporting element.

Dollar example: A NJ server earning $45,000 in wages and $22,000 in reported tips, single filer. The full $22,000 is deductible (under the $25,000 cap). With $67,000 of income less the $16,100 standard deduction, taxable income before the deduction is $50,900 - just over the $50,400 top of the 12% bracket per Rev. Proc. 2025-32 (10% on the first $12,400, 12% on $12,401-$50,400, 22% above $50,400). The $22,000 deduction therefore unwinds roughly $500 from the 22% bracket and $21,500 from the 12% bracket, for federal savings of approximately $2,690 ($500 x 22% + $21,500 x 12%).

NJ treatment: The NJ Division of Taxation issued official guidance on December 1, 2025 confirming the OBBBA tip, overtime, and senior deductions do NOT affect the NJ Individual Income Tax return. The federal deduction does not enter the NJ GIT computation because New Jersey uses its own income categories and deductions. Employee tips generally remain in NJ wages, while self-employed tips enter the applicable net-profits-from-business computation; apply NJ source, exclusion, and category rules to the actual receipts. Full analysis in the No Tax on Tips NJ guide.

6. No Tax on Overtime (IRC §225)

The OBBBA created a below-the-line deduction for qualifying overtime pay, claimed through Schedule 1-A after AGI. The recipient must have a qualifying employment-valid SSN issued by the return due date, including extensions, and a married taxpayer must file jointly. The following limits, FLSA and reporting rules also apply:

  • Maximum deduction: $12,500 (single), $25,000 (MFJ)
  • Premium portion only: the deduction covers the 0.5x FLSA premium - roughly one-third of standard time-and-a-half overtime pay - not total overtime wages. The maximum applies to that premium amount.
  • Tax years: 2025-2028
  • MAGI phase-out: Begins at $150,000 single / $300,000 MFJ; same $100-per-$1,000 reduction as the tip deduction
  • FLSA-only: Only overtime pay earned under the Fair Labor Standards Act qualifies. Independent contractor overtime, exempt salaried employee overtime, and voluntary arrangements outside FLSA do not qualify.
  • W-2 reporting: For 2026 the General Instructions for Forms W-2 and W-3 add box 12 code TT for the qualifying FLSA overtime premium (only the half portion of time-and-a-half) and box 12 code TP for cash tips reported to the employer; the amounts flow to Schedule 1-A. The IRS overtime FAQs (IR-2026-10, FS-2026-01, since superseded by FS-2026-13) explain the deduction itself. Maintain payroll records showing FLSA overtime amounts as backup.

NJ conformity: Confirmed non-conformity. The NJ Division of Taxation's December 1, 2025 OBBBA guidance covers overtime as well as tips - NJ has not adopted IRC §225 and overtime remains fully taxable on the NJ-1040. Assume an eligible worker receives $18,000 of FLSA time-and-a-half overtime pay, of which the qualifying premium is $6,000, and meets the reporting, SSN, filing-status, and income requirements: a $6,000 deduction at an assumed 12% or 22% federal rate illustrates $720 or $1,320 of federal tax, while NJ income tax still applies to the entire $18,000. For 2026, use the qualifying amount reported in W-2 box 12, code TT; the 2025 one-third reconstruction was transition relief only.

7. Senior Bonus Deduction: $6,000 for Ages 65+

The OBBBA created a $6,000 below-the-line federal deduction on Schedule 1-A for each eligible taxpayer age 65 or older; a married taxpayer must file jointly, and each person claiming the deduction needs a qualifying Social Security number issued by the return due date, including extensions. The deduction reduces taxable income rather than AGI and remains subject to the following year, amount, and income limits:

  • Amount: $6,000 (single or one qualifying spouse), $12,000 (MFJ, both spouses age 65+)
  • Tax years: 2025-2028
  • Phase-out: Begins at $75,000 MAGI (single), $150,000 MAGI (MFJ); the 6% reduction runs per eligible individual against that person's own $6,000, so the deduction is eliminated at $175,000 single and at $250,000 MFJ whether one or both spouses qualify (each spouse's separate $6,000 is exhausted by the same excess)
  • Age qualification: Must be age 65 or older by the end of the tax year (for 2025, born before January 2, 1961)

NJ interaction: The federal senior deduction reduces only federal taxable income. NJ separately provides a pension/retirement exclusion for residents age 62 or older or blind/disabled under Social Security guidelines. When NJ total income is $100,000 or less, the maximum is $100,000 on a joint return, $75,000 for single, head-of-household, or qualifying-surviving-spouse filers, and $50,000 MFS, limited to eligible income; reduced exclusions apply through $150,000 of total income, and on a joint return only a qualifying spouse's pension income can be excluded. The two operate in parallel - claim the federal deduction on Schedule 1-A and the NJ exclusion on the NJ-1040.

8. Vehicle Loan Interest Deduction: Up to $10,000

OBBBA creates a limited deduction for qualifying personal vehicle loan interest for 2025 through 2028:

  • Maximum: $10,000 per year in interest paid
  • Qualifying vehicle and loan: The vehicle’s original use must begin with you; it must be an eligible personal-use road vehicle with a gross vehicle weight rating below 14,000 pounds and final assembly in the United States. The qualifying purchase loan must have been incurred after December 31, 2024 and be secured by a first lien on the vehicle. Include the VIN on the return and apply the statutory exclusions.
  • Tax years: 2025-2028
  • Phase-out: $100,000 MAGI (single), $200,000 MAGI (MFJ)
  • Not available: Used vehicles, leased vehicles

NJ does not provide this deduction - NJ GIT's enumerated deductions contain no car-loan-interest item, and the Division's OBBBA guidance framework confirms federal below-the-line deductions do not flow into NJ GIT; treat it as federal-only rather than "pending." A $10,000 federal deduction at an assumed 22% rate illustrates a $2,200 federal income-tax difference before limitations and the complete return; it is not a promised saving. Retain vehicle-loan and final-assembly records.

9. Child Tax Credit: $2,200, Permanent

The OBBBA permanently increases the Child Tax Credit to $2,200 per qualifying child under age 17 (indexed for inflation beginning in 2026 - the rounded 2026 maximum remains $2,200 per Rev. Proc. 2025-32). Phase-out thresholds remain at $200,000 of modified AGI ($400,000 MFJ). The qualifying child and the taxpayer (on a joint return, at least one spouse) must have Social Security numbers valid for employment and issued by the return due date, including extensions, and the other spouse on a joint return needs an SSN or ITIN issued by that date (IRC §24(e) and (h)(7)).

NJ's separate credit: For tax years 2026 through 2028, NJ temporarily increases its Child Tax Credit by 25% for each qualifying child age 5 or younger. The credit is $1,250 at NJ taxable income of $30,000 or less, $1,000 at $30,001-$40,000, $750 at $40,001-$50,000, $500 at $50,001-$60,000, and $250 at $60,001-$80,000; no credit is available above $80,000, and married filing separately filers are not eligible. Claim the federal CTC on Form 1040 and the separate NJ credit on the NJ-1040.

10. Estate Tax: $15 Million Exemption, Permanent

The OBBBA permanently raises the federal estate tax exemption to $15 million per person ($30 million per couple with portability), inflation-indexed from 2027. Before OBBBA, this exemption was scheduled to revert to approximately $7 million at the end of 2025.

NJ and federal context: New Jersey repealed its estate tax for deaths after December 31, 2017, but its inheritance tax remains in effect. Half-siblings are Class C; stepbrothers and stepsisters are Class D, while other beneficiary relationships must be classified under current NJ instructions. Federal estate tax continues to apply above the applicable exclusion, and an estate-tax return or portability election can matter even when no federal tax is due. A high federal exclusion is not repeal of the federal estate-tax regime.

11. Section 174 R&E Expenses: Immediate Expensing Restored

The TCJA required that domestic R&D expenditures be amortized over 5 years starting in 2022, reversing decades of immediate expensing. The OBBBA restores immediate expensing for domestic R&E costs in the year paid or incurred (foreign R&E is still amortized over 15 years).

NJ treatment depends on the tax. The Division's TB-114(R), revised November 25, 2025, explains that NJ research expenditures must follow N.J.S.A. 54:10A-4(k)(11), including its credit-coordination and timing rules. It states that non-NJ research expenditures follow the federal rules, including OBBBA. Gross Income Tax and BAIT require their separate business-income rules. Identify the taxpayer, research location, tax year, credits, elections or method changes, and NJ return before selecting treatment.

12. Miscellaneous Itemized Deductions: Permanently Eliminated

The TCJA temporarily suspended the 2%-floor miscellaneous itemized deductions (unreimbursed employee business expenses, tax prep fees, investment advisory fees). The OBBBA made the disallowance permanent (no sunset) under IRC section 67(h).

Business deductions unaffected: Schedule C, S-Corp, and partnership deductions for the same expenses are still valid. Self-employed individuals can still deduct CPA fees, professional development, and business-use expenses as business expenses.

NJ note: NJ is unaffected for a different reason - the NJ Gross Income Tax has never allowed miscellaneous itemized deductions, including unreimbursed employee business expenses. Wages are taxed gross on the NJ-1040, so the federal permanent elimination changes nothing at the state level. (Self-employed taxpayers still deduct the same expenses as business expenses on both returns.)

13. Standard Deduction: Permanently Increased

The OBBBA permanently set the standard deduction at $15,750 (single) and $31,500 (married filing jointly) for 2025, indexed for inflation after 2025. For 2026, the amounts are $16,100/$32,200. Without OBBBA, these amounts would have reverted to approximately $8,300/$16,600 after 2025.

NJ has no standard deduction. NJ does not allow a standard deduction on the NJ-1040 - and it does not allow federal itemized deductions either. Per the NJ Division of Taxation, 'New Jersey does not allow federal deductions, such as mortgage interest, employee business expenses, and IRA and Keogh Plan contributions.' NJ permits only a short list of NJ-specific deductions - among them medical expenses above 2% of gross income, the property tax deduction or credit, alimony, and NJBEST 529 contributions. The federal standard deduction increase has no effect on NJ liability.

14. Dependent Care FSA: $7,500 Starting 2026

For 2026, the federal dependent-care assistance exclusion limit is $7,500, or $3,750 for a married taxpayer filing separately, up from $5,000 or $2,500. Eligibility, earned-income limits, plan terms, qualifying expenses and payroll rules can further limit the exclusion. Determine NJ treatment separately; the federal limit alone does not establish a combined saving or authorize a midyear election change.

15. Trump Accounts (Section 530A): Child Savings Accounts

The OBBBA created a new type of account - 'Trump Accounts' (IRC §530A, added by OBBBA §70204; signed July 4, 2025). The 'MAGA Account / Money Account for Growth and Advancement' label appeared in earlier House-side reconciliation drafts but did NOT make it into the enacted statute - IRC §530A is captioned 'Trump accounts' and IRS Form 4547 is titled 'Trump Account Election(s).' Use 'Trump Account' as the official term:

  • Initial-account eligibility: The child must be under age 18 at the end of the election year, have an employment-valid SSN issued before the election, and have no prior Trump Account election. There is no household-income limit. For the separate pilot program, the electing individual must anticipate that the child will be their qualifying child for the election year, and the child must be a U.S. citizen born January 1, 2025 through December 31, 2028 with a valid pre-election SSN and no prior pilot program contribution election processed.
  • Pilot program contribution: Treasury deposits $1,000 as soon as practicable after a qualifying pilot election and confirmation that the account has opened, and no earlier than July 4, 2026. The amount is separate from the $5,000 annual cap under §530A(c)(2)(A)-(B).
  • Private contributions: Up to $5,000/year combined from family and employer sources
  • Investments during the growth period: Eligible mutual funds or ETFs must track a qualified broad index of primarily U.S. equities, use no leverage, charge annual fees and expenses of no more than 0.1% of fund assets, and satisfy the other Section 530A(b)(3) requirements.
  • Tax treatment: After-tax contributions; earnings grow tax-deferred. A Trump account is treated as an IRA from the start; its special contribution, investment and distribution restrictions generally end on January 1 of the calendar year the beneficiary turns 18, after which traditional-IRA rules generally govern and taxable distributions are ordinary income (after-tax family contributions retain basis; the $1,000 pilot deposit, general funding contributions, and employer contributions excluded under Section 128 do not, §530A(d)(2)); the early-distribution rules and exceptions still require review
  • Election, activation, and opening: An authorized individual submits the election on Form 4547, including online through the IRS Individual Account. Treasury or its agent then sends activation instructions, the authorized individual completes authentication, and the initial account is opened afterward.

Election, activation, opening, and contribution are separate events. Filing Form 4547 does not itself open or fund the account; follow the IRS status and Treasury activation instructions before treating the account as opened.

What the OBBBA Did NOT Change

Several key provisions remain unchanged and should not be confused with OBBBA changes:

  • Federal corporate rate: Remains at 21%
  • Long-term capital gains rates: The usual 0%, 15%, and 20% preferential brackets are unchanged; unrecaptured Section 1250 gain and certain collectibles or Section 1202 gains can have different maximum rates.
  • Net Investment Income Tax: The 3.8% rate is unchanged. For individuals, it applies to the lesser of net investment income or MAGI above $250,000 jointly/qualifying surviving spouse, $125,000 MFS, or $200,000 otherwise; estates and trusts have separate rules.
  • Additional Medicare Tax: unchanged 0.9% Form 8959 tax on combined Medicare wages and self-employment income above the filing-status threshold
  • Social Security taxation: Unchanged federally; NJ still exempts Social Security from NJ GIT at all income levels
  • Roth IRA rules: Contribution limits and income phase-outs adjusted only for normal inflation

NJ Treatment Summary (October 2026)

Reference tableSwipe to view all columns →
ProvisionNJ Conforms?
Bonus depreciation (§168(k))No - full add-back
QBI deduction (§199A)No corresponding NJ Gross Income Tax deduction; NJ is computed separately rather than through a generic add-back
Section 179Partial - capped at $25,000
No tax on tips (§224)No current NJ deduction; A1278 and A3691 are pending proposals, not enacted law
No tax on overtime (§225)No current NJ Gross Income Tax deduction; federal treatment does not change NJ wages
Senior deductionNo corresponding NJ deduction; NJ retirement exclusions are separate
Vehicle loan interestNo corresponding NJ Gross Income Tax deduction
Standard deduction increaseN/A - NJ has no standard deduction
Dependent Care FSAApply NJ wage-exclusion and payroll rules separately; do not infer treatment from the federal limit alone
Section 174A R&ECBT treatment follows N.J.S.A. 54:10A-4(k)(11) and TB-114(R), revised November 25, 2025: distinguish NJ research from non-NJ research; GIT and BAIT require separate business-income analysis
Estate tax exemptionN/A - NJ has no estate tax
Trump Accounts (§530A)No - NJ does not conform; the federal employer-contribution exclusion does not apply under the position used here, and other contribution and distribution consequences require separate NJ analysis

Frequently Asked Questions

Does the OBBBA apply to my 2025 tax return (filed in 2026)?

The SALT cap increase, no-tax-on-tips deduction, no-tax-on-overtime deduction, and senior bonus deduction begin with tax year 2025; other provisions have their own effective dates. A Trump Account election may be submitted on Form 4547, including through the IRS Individual Account, but Treasury activation, authentication, opening, and contribution are separate steps; a trustee could not accept contributions before July 4, 2026. Apply each provision under its stated effective date and transition rules.

How does the SALT cap increase interact with the NJ BAIT election?

They operate at different levels. The SALT cap limits an individual's Schedule A deduction, while a qualifying BAIT entity payment may be deductible federally under Notice 2020-75 and produces an NJ owner-credit computation. Whether BAIT changes the combined result depends on the entity base, owner credit, federal bracket, QBI, SALT position, timing, and costs; no fixed advantage follows. Compare BAIT vs. SALT Cap.

Is the tip deduction worth claiming if NJ doesn't conform?

A taxpayer should claim a federal tip deduction only when the statutory occupation, payment, reporting, SSN, filing-status, income, and other requirements are met and supported. New Jersey separately includes the tip income under its own rules. The federal and NJ return effects must be computed from the complete facts; the example above is arithmetic, not a promised saving.

What action items does OBBBA create for 2026?

Reconcile each applicable provision to the taxpayer's facts and final forms: model BAIT on the entity and owner returns; maintain separate federal and NJ depreciation schedules; verify Schedule 1-A eligibility and reporting; and review dependent-care plan documents and payroll records. This article does not recommend an election, withholding change, asset purchase, cost-segregation study, or transaction.

Will NJ eventually conform to OBBBA?

Do not forecast conformity from a label or assume maximum nonconformity. Check current NJ Division guidance, enacted statutes, and the specific tax involved when preparing each return; CBT rolling conformity and Gross Income Tax's separate base can produce different answers.

How does OBBBA affect S-Corp election decisions?

OBBBA made the QBI deduction permanent, but Section 199A reduces federal taxable income; it does not reduce net earnings from self-employment or the self-employment tax computed on Schedule SE. An S-Corp election can change payroll-tax treatment by splitting supportable W-2 compensation from distributions, but QBI, reasonable compensation, income tax, NJ tax, BAIT, depreciation, and compliance costs must be modeled separately. Compare LLC vs. S-Corp in NJ.

Where do I find the actual OBBBA text?

The full text of P.L. 119-21 is available at Congress.gov. Key IRC sections: §168(k) (bonus depreciation), §199A (QBI), §224 (tips), §225 (overtime), §530A (Trump Accounts). The Joint Committee on Taxation's technical explanation summarizes the provisions and legislative context.

Disclaimer: This article is general educational information, not legal, tax, financial, payroll, plan, or investment advice. Tax laws and guidance change, and treatment depends on the taxpayer, tax base, year, records, and elections.


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