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  • Home office deduction: Do you qualify, and how does it work?

    Home office deduction: Do you qualify, and how does it work?

    Key takeaways

    • The home office deduction is available to many self-employed filers who regularly and exclusively use part of their home for business.
    • You don’t need a perfect office to qualify, but the space must be used consistently and only for business.
    • Skipping a deduction you qualify for could mean paying more in taxes than necessary.

    I didn’t skip the home office deduction last year because I didn’t qualify. I skipped it because I was nervous.

    No accountant. No tax department. Just me, my laptop, and my best friend, Google, late one April evening.

    If you’re self-employed and doing your own taxes, you probably know the feeling. Every deduction can feel like a judgment call. Every box you check can feel bigger than it should. And somewhere along the way, you may have heard that claiming a home office deduction is “asking for trouble.

    So you skip it. You move on. You leave money on the table.

    Why fear feels bigger when you’re filing solo

    When you don’t have an accountant handling your taxes, everything can feel more exposed. You’re not just filing. You’re translating IRS language, doing the math, and trying not to miss something important.

    And when a deduction feels even slightly intimidating, it’s easy to default to the “safe” option: don’t claim it.

    But the home office deduction exists for people who run their business from home, including:

    • Freelancers
    • Consultants
    • Online sellers
    • Coaches
    • Contractors

    If your home is where you run your business, the IRS recognizes that space costs you something.

    What actually qualifies as a deduction

    You don’t need a Pinterest-perfect office to qualify. You need two things. Understanding these requirements is the key to claiming the deduction correctly. 

    • Regular use: You use the space consistently for business.
    • Exclusive use: The area is dedicated to business activity only.
    • Principal place of business: The space is where you manage or conduct your work.

    That’s it. No loopholes. Just documented business use.

    Why skipping it can cost you

    If part of your home is used for business, you may be able to deduct a portion of eligible expenses, such as:

    • Rent or mortgage interest
    • Utilities
    • Internet
    • Certain home-related expenses

    Keeping clear records of these expenses can help ensure your deduction is accurate if questions ever come up.

    There’s also a simplified option that uses a set rate per square foot, which can simplify the calculation.

    Either way, the deduction reduces your taxable income. And when you’re self-employed, lowering taxable income can affect both income tax and self-employment tax. Even a modest deduction can make a meaningful difference.

    The real risk isn’t the deduction

    For many people, the bigger issue isn’t claiming the home office deduction. It’s paying more than necessary year after year because it feels easier to skip it than to sort through the details.

    If you’re eligible and you keep reasonable records of your business use, claiming the deduction is simply acknowledging the real costs of running a business from home. Your business has overhead, even if your office is down the hall from your kitchen.

    The bottom line

    If you’ve been skipping the home office deduction because it makes you nervous, you’re not alone. But claiming a legitimate deduction doesn’t automatically create problems.

    If you regularly and exclusively use part of your home for business, you may qualify. The bigger miss is leaving money on the table.
    See what you may be able to claim with the Self-Employed Tax Deductions Calculator.

  • How to report foreign dividend income on a US tax return (Guide)

    How to report foreign dividend income on a US tax return (Guide)

    How to avoid using the wrong tax rate

    To avoid this, taxpayers should identify the correct type of income, review the applicable IRS rules, and confirm the proper tax rate before filing. Guidance from IRS publications, form instructions, and official tax resources can help ensure the correct rate is applied.

    Using the wrong tax rate can lead to incorrect tax calculations, underpayment penalties, or delays in processing a tax return. This often happens when income types are misunderstood or when taxpayers apply the wrong rules to items like dividends, capital gains, or foreign income.

    Quick checklist before filing:

    • Identify the type of income (dividends, capital gains, foreign income, etc.)
    • Confirm whether the income has special tax treatment or rates
    • Review the relevant IRS form instructions or publications
    • Verify that the correct tax rate is applied before submitting the return

    1. If I have a 1099-DIV, what should I do?

    If you receive Form 1099-DIV, review it and report the dividend amounts on your Form 1040 when filing your tax return. The form shows ordinary dividends, qualified dividends, and capital gain distributions, which may be taxed at different rates. IRS Publication 550 and the Form 1040 instructions explain how to report this income correctly.

    2. If I don’t have a 1099-DIV, what should I do?

    If you cannot confirm that the dividend qualifies for the lower tax rate, it is usually safer to report it as ordinary income. Many expats simply report the dividend as ordinary income if the qualification is unclear.

    If you want to treat it as qualified without a 1099-DIV, you should be comfortable explaining why the company qualifies and showing that you met the holding period rule.

    3. What’s a common US expat mistake here?

    Assuming a “foreign dividend” automatically means it is qualified because it looks like a normal stock dividend. Sometimes it is. Sometimes it isn’t. Guessing is how people end up using the wrong tax rate.

    Do not assume a dividend is qualified just because it comes from a well-known international company.

    To qualify for the lower tax rate, the dividend must meet specific IRS requirements, including rules about the type of company and how long you held the shares.

  • 2026 Trump Tariffs & Trade War by the Numbers

    2026 Trump Tariffs & Trade War by the Numbers

    Historical Context

    2024 Campaign Proposals

    Tariffs featured heavily in the 2024 presidential campaign as candidate Trump proposed a new 10 percent to 20 percent universal tariff on all imports, a 60 percent tariff on all imports from China, higher tariffs on EVs from China or across the board, 25 percent tariffs on Canada and Mexico, and 10 percent tariffs on China.

    We estimate Trump’s proposed 20 percent universal tariffs and an additional 50 percent tariff on China to reach 60 percent will reduce long-run economic output by 1.3 percent before any foreign retaliation. They will increase federal tax revenues by $3.8 trillion ($3.1 trillion on a dynamic basis before retaliation) from 2025 through 2034.

    2018-2019 Trade War: Economic Effects of Imposed and Retaliatory Tariffs

    Using the Tax Foundation’s General Equilibrium Model, we estimate the Trump-Biden Section 301 and Section 232 tariffs will reduce long-run GDP by 0.2 percent, the capital stock by 0.1 percent, and hours worked by 142,000 full-time equivalent jobs. The reason tariffs have no impact on pre-tax wages in our estimates is that, in the long run, the capital stock shrinks in proportion to the reduction in hours worked, so that the capital-to-labor ratio, and thus the level of wages, remains unchanged. Removing the tariffs would boost GDP and employment, as Tax Foundation estimates have shown for the Section 232 steel and aluminum tariffs.

    Table 6. Estimated Impact of US Imposed Tariffs, 2018-2019 Trade War

    Note: 2018-2019 trade war tariffs reflect Section 301 tariffs on imports from China and Section 232 tariffs on certain steel and aluminum imports.
    Source: Tax Foundation General Equilibrium Model, June 2024.

    We estimate the retaliatory tariffs stemming from Section 232 and Section 301 actions total approximately $13.2 billion in tariff revenues. Retaliatory tariffs are imposed by foreign governments on their country’s importers. While they are not direct taxes on US exports, they raise the after-tax price of US goods in foreign jurisdictions, making them less competitively priced in foreign markets. We estimate the retaliatory tariffs will reduce US GDP and the capital stock by less than 0.05 percent and reduce full-time employment by 27,000 full-time equivalent jobs. Unlike the tariffs imposed by the United States, which raise federal revenue, tariffs imposed by foreign jurisdictions raise no revenue for the US but result in lower US output.

    Table 7. Estimated Impact of US Retaliatory Tariffs, 2018-2019 Trade War

    Note: 2018-2019 retaliation reflects retaliatory tariffs on $6 billion of US exports in response to Section 232 tariffs and more than $106 billion of US exports in response to Section 301 tariffs.
    Source: Tax Foundation General Equilibrium Model, June 2024.

    Tariff Revenue Collections Under the Trump-Biden Tariffs

    As of the end of 2024, the trade war tariffs have generated more than $264 billion of higher customs duties collected for the US government from US importers. Of that total, $89 billion, or about 34 percent, was collected during the Trump administration, while the remaining $175 billion, or about 64 percent, was collected during the Biden administration.

    Before accounting for behavioral effects, the $79 billion in higher tariffs amount to an average annual tax increase on US households of $625. Based on actual revenue collections data, trade war tariffs have directly increased tax collections by $200 to $300 annually per US household, on average. The actual cost to households is higher than both the $600 estimate before behavioral effects and the $200 to $300 after, because neither accounts for lower incomes as tariffs shrink output, nor the loss in consumer choice as people switch to alternatives that do not face tariffs.

    Trade War Tariff Collections Average $200-$300 Annually per Household (Column Chart)

    2018-2019 Trade War Timeline

    The Trump administration imposed several rounds of tariffs on steel, aluminum, washing machines, solar panels, and goods from China, affecting more than $380 billion worth of trade at the time of implementation and amounting to a tax increase of nearly $80 billion. The Biden administration maintained most tariffs, except for the suspension of certain tariffs on imports from the European Union, the replacement of tariffs with tariff-rate quotas (TRQs) on steel and aluminum from the European Union and United Kingdom and imports of steel from Japan, and the expiration of the tariffs on washing machines after a two-year extension. In May 2024, the Biden administration announced additional tariffs on $18 billion of Chinese goods for a tax increase of $3.6 billion.

    Altogether, the trade war policies currently in place add up to $79 billion in tariffs based on trade levels at the time of tariff implementation. Note the total revenue generated will be less than our static estimate because tariffs reduce the volume of imports and are subject to evasion and avoidance (which directly lowers tariff revenues) and they reduce real income (which lowers other tax revenues).

    Section 232, Steel and Aluminum

    In March 2018, President Trump announced the administration would impose a 25 percent tariff on imported steel and a 10 percent tariff on imported aluminum. The value of imported steel totaled $29.4 billion, and the value of imported aluminum totaled $17.6 billion in 2018. Based on 2018 levels, the steel tariffs would have amounted to $9 billion and the aluminum tariffs to $1.8 billion. Several countries, however, have been excluded from the tariffs.

    In early 2018, the US reached agreements to permanently exclude Australia from steel and aluminum tariffs, use quotas for steel imports from Brazil and South Korea, and use quotas for steel and aluminum imports from Argentina.

    In May 2019, President Trump announced that the US was lifting tariffs on steel and aluminum from Canada and Mexico.

    In 2020, President Trump expanded the scope of steel and aluminum tariffs to cover certain derivative products, totaling approximately $0.8 billion based on 2018 import levels.

    In August 2020, President Trump announced that the US was reimposing tariffs on aluminum imports from Canada. The US imported approximately $2.5 billion worth of non-alloyed unwrought aluminum, resulting in a $0.25 billion tax increase. About a month later, the US eliminated the 10 percent tariff on Canadian aluminum that had just been reimposed.

    In 2021 and 2022, the Biden administration reached deals to replace certain steel and aluminum tariffs with tariff rate quota systems, whereby certain levels of imports will not face tariffs, but imports above the thresholds will. TRQs for the European Union took effect on January 1, 2022; TRQs for Japan took effect on April 1, 2022; and TRQs for the UK took effect on June 1, 2022. Though the agreements on steel and aluminum tariffs will reduce the cost of tariffs paid by some US businesses, a quota system similarly leads to higher prices, and further, retaining tariffs at the margin continues the negative economic impact of the previous tariff policy.

    Tariffs on steel, aluminum, and derivative goods currently account for $2.7 billion of the $79 billion in tariffs, based on initial import values. Current retaliation against Section 232 steel and aluminum tariffs targets more than $6 billion worth of American products for an estimated total tax of approximately $1.6 billion.

    Section 301, Chinese Products

    Under the Trump administration, the United States Trade Representative began an investigation of China in August 2017, which culminated in a March 2018 report that found China was conducting unfair trade practices.

    In March 2018, President Trump announced tariffs on up to $60 billion of imports from China. The administration soon published a list of about $50 billion worth of Chinese products to be subject to a new 25 percent tariff. The first tariffs began July 6, 2018, on $34 billion worth of Chinese imports, while tariffs on the remaining $16 billion went into effect August 23, 2018. These tariffs amount to a $12.5 billion tax increase.

    In September 2018, the Trump administration imposed another round of Section 301 tariffs—10 percent on $200 billion worth of goods from China, amounting to a $20 billion tax increase.

    In May 2019, the 10 percent tariffs increased to 25 percent, amounting to a $30 billion increase. That increase had been scheduled to take effect beginning in January 2019, but was delayed.

    In August 2019, the Trump administration announced plans to impose a 10 percent tariff on approximately $300 billion worth of additional Chinese goods beginning on September 1, 2019, but soon followed with an announcement of schedule changes and certain exemptions.

    In August 2019, the Trump administration decided that 4a tariffs would be 15 percent rather than the previously announced 10 percent, a $5.6 billion tax increase.

    In September 2019, the Trump administration imposed “List 4a,” a 15 percent tariff on $112 billion of imports, an $11 billion tax increase. They announced plans for tariffs on the remaining $160 billion to take effect on December 15, 2019.

    In December 2019, the administration reached a “Phase One” trade deal with China and agreed to postpone indefinitely the stage 4b tariffs of 15 percent on approximately $160 billion worth of goods that were scheduled to take effect December 15 and to reduce the stage 4a tariffs from 15 percent to 7.5 percent in January 2020, reducing tariff revenues by $8.4 billion.

    In May 2024, the Biden administration published its required statutory review of the Section 301 tariffs, deciding to retain them and impose higher rates on $18 billion worth of goods. The new tariff rates range from 25 to 100 percent on semiconductors, steel and aluminum products, electric vehicles, batteries and battery parts, natural graphite and other critical materials, medical goods, magnets, cranes, and solar cells. Some of the tariff increases go into effect immediately, while others are scheduled for 2025 or 2026. Based on 2023 import values, the increases will add $3.6 billion in new taxes.

    Section 301 tariffs on China currently account for $77 billion of the $79 billion in tariffs, based on initial import values. China has responded to the United States’ Section 301 tariffs with several rounds of tariffs on more than $106 billion worth of US goods, for an estimated tax of nearly $11.6 billion.

    WTO Dispute, European Union

    In October 2019, the United States won a nearly 15-year-long World Trade Organization (WTO) dispute against the European Union. The WTO ruling authorized the United States to impose tariffs of up to 100 percent on $7.5 billion worth of EU goods. Beginning October 18, 2019, tariffs of 10 percent were to be applied on aircraft and 25 percent on agricultural and other products.

    In summer 2021, the Biden administration reached an agreement to suspend the tariffs on the European Union for five years.

    Section 201, Solar Panels and Washing Machines

    In January 2018, the Trump administration announced it would begin imposing tariffs on washing machine imports for three years and solar cell and module imports for four years as the result of a Section 201 investigation.

    In 2021, the Trump administration extended the washing machine tariffs for two years through February 2023, and they have now expired.

    In 2022, the Biden administration extended the solar panel tariffs for four years, though later provided temporary two-year exemptions for imports from four Southeast Asian nations beginning in 2022, which account for a significant share of solar panel imports.

    In 2024, the Biden administration removed separate exemptions for bifacial solar panels from the Section 201 tariffs. Additionally, the temporary two-year exemptions expired and the Biden administration is further investigating solar panel imports from the four Southeast Asian nations for additional tariffs.

    We estimate the solar cell and module tariffs amounted to a $0.2 billion tax increase based on 2018 import values and quantities, while the washing machine tariffs amounted to a $0.4 billion tax increase based on 2018 import values and quantities.

    We exclude the tariffs from our tariff totals given the broad exemptions and small magnitudes.

    Trade Volumes Since Tariffs Were Imposed

    Since the tariffs were imposed, imports of affected goods have fallen, even before the onset of the COVID-19 pandemic. Some of the biggest drops are the result of decreased trade with China, as affected imports decreased significantly after the tariffs and still remain below their pre-trade war levels. Even though trade with China fell after the imposition of tariffs, it did not fundamentally alter the overall balance of trade, as the reduction in trade with China was diverted to increased trade with other countries.

    Imports Subject to Section 301 Tariffs Remain below Pre-Trade War Levels (Stacked column chart)

    Table 8. Imports Affected by US Tariffs

    Tariff and Effective Date 2017 2018 2019 2020 2021 2022 2023 Rate
    Section 232 Steel (March 2018) $15.90 $15.50 $11.40 $7.10 $13.50 $9.50 $5.50 25%
    Section 232 Aluminum (March 2018) $9.00 $9.60 $8.40 $5.20 $7.50 $9.80 $5.60 10%
    Section 232 Derivative Steel Articles (February 2020) $0.40 $0.50 $0.50 $0.40 $0.50 $0.60 $0.30 25%
    Section 232 Derivative Aluminum Articles (February 2020) $0.20 $0.30 $0.20 $0.20 $0.30 $0.30 $0.30 10%
    Section 301, List 1 (July 2018) $31.90 $30.30 $22.00 $20.10 $24.10 $26.10 $23.60 25%
    Section 301, List 2 (August 2018) $13.80 $14.80 $8.50 $9.60 $10.30 $10.70 $8.20 25%
    Section 301, List 3 (September 2018, increased May 2019) $159.20 $181.30 $120.00 $107.10 $119.60 $111.80 $86.50 10% in 2019, then 25%
    Section 301, List 4A (September 2019, lowered January 2020) $101.90 $112.20 $113.90 $101.40 $104.70 $102.00 $84.90 15% in 2019; then 7.5%
    Biden Admin Section 301 Expansion (2024 to 2026) $7.50 $8.00 $5.60 $8.90 $9.00 $15.70 $18.00 25% to 100%

    Note: Steel totals exclude imports from Argentina, Australia, Brazil, South Korea, Canada, and Mexico. Aluminum totals exclude imports from Argentina, Australia, Canada, and Mexico. Beginning in 2022, steel totals also exclude imports from Japan, the EU, and the UK, and aluminum totals also exclude imports from the EU and the UK as respective imports are now subject to tariff-rate quotas (TRQs). Excluding all imports for TRQs overstates the savings from TRQs because tariffs still apply when imports exceed historical levels.

    Source: Federal Register notices; Tom Lee and Jacqueline Varas, “The Total Cost of U.S. Tariffs,” American Action Forum, Mar. 24, 2022, data retrieved from USITC DataWeb.


  • Should We Tax Artificial Intelligence?

    Should We Tax Artificial Intelligence?

    AI is everywhere, and now it’s in the taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. policy debate. In this episode of The Deduction, hosts Kyle Hulehan and Erica York sit down with Alex Muresianu, Senior Policy Analyst at the Tax Foundation.

    Together they examine what current labor market data actually shows, why proposals from Senators Sanders and Kelly risk backfiring, and what smarter reforms like worker retraining deductions and consumption-based taxation would strengthen the tax code no matter how the AI story unfolds.

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  • Delaware Tobacco Tax Proposal | 2027 FY Budget

    Delaware Tobacco Tax Proposal | 2027 FY Budget

    While tobacco taxes are often framed as both revenue measures and public health tools, policymakers should approach such proposals carefully. Tobacco taxes are regressive, and increases frequently generate less revenue than projected, raise cross-border taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. competition concerns, and can create inconsistencies in how similar products are taxed. Delaware’s proposal illustrates many of these challenges.

    Under Governor Meyer’s budget plan, Delaware would implement several changes to its tobacco tax structure. The cigarette tax would increase by more than 70 percent from $2.10 to $3.60 per pack. Vapor products would be taxed at $0.10 per milliliter, double the current rate. The tax on moist snuff would increase from $0.92 to $1.23 per ounce. The tax rate on OTPs would increase from 30 to 40 percent of the wholesale price.

    Taken together, these changes are expected to generate approximately $18.9 million in new revenue for the state. However, tobacco taxes most heavily burden those who can least afford them and are poorly fitted to address growing government expenditures.

    Like many excise taxes, tobacco taxes are highly regressive. Lower-income households spend a larger share of their income on these products than higher-income households.

    As a result, tobacco tax increases tend to place a disproportionate burden on lower-income consumers. In Delaware, households in the lowest income quintile pay an effective tax rate nearly 14 times that faced by households in the highest income quintile.

    Poorest Delaware Households Face the Greatest Effective Tax Rates for Cigarettes

    Cigarette Tax Distribution of Effective Tax Rates Across Income Quintiles, 2025

    Notes: Adam Hoffer,“ Compare Tobacco Tax Data in Your State,” Tax Foundation, https://taxfoundation.org/data/all/state/tobacco-tax-data-tool/.


    Supporters often argue that reduced consumption mitigates this concern, since higher prices can encourage smokers to quit. However, not all smokers are able or willing to quit immediately, meaning most smokers will continue to pay the higher tax.

    Tobacco taxes are also a poor solution to the growing fiscal demands of state governments. Although tobacco tax increases are often attractive to lawmakers because they target a narrow segment of the population, that exact feature makes those revenues unstable and more volatile than broad-based income, sales, and property taxes.

    Tobacco consumption has also been steadily declining in the United States for decades. Not surprisingly, tobacco tax revenues have declined to match. Tax hikes have historically provided short-term increases in revenue, but those revenues erode as the tax baseThe tax base is the total amount of income, property, assets, consumption, transactions, or other economic activity subject to taxation by a tax authority. A narrow tax base is non-neutral and inefficient. A broad tax base reduces tax administration costs and allows more revenue to be raised at lower rates. shrinks.

    Delaware is no exception to the national trend. Historically, cigarette tax increases in Delaware have brought short-lived increases to revenues before declining consumption and currency debasement necessitated further rate hikes to chase similar revenue levels.

    The declines have accelerated in recent years with the increased availability of less harmful alternative products. Revenues adjusted for CPI inflationInflation is when the general price of goods and services increases across the economy, reducing the purchasing power of a currency and the value of certain assets. The same paycheck covers less goods, services, and bills. It is sometimes referred to as a “hidden tax,” as it leaves taxpayers less well-off due to higher costs and “bracket creep,” while increasing the government’s spendin are already lower than they were in 2004 despite more than doubling the CPI-adjusted tax rate since. Future tax hikes are likely to bring in less and less revenue because the tax is being paid by fewer and fewer smokers.

     

    Governor Meyer’s budget also includes higher taxes on alternative nicotine products, including vapes. Public health experts argue that vapor products pose substantially lower health risks than combustible cigarettes. While not risk-free, products that allow users to consume nicotine without inhaling combusted tobacco harm users much less.

    Tax policy can influence consumer behavior in this space. Basic economics tells us that as tax-induced prices increase, consumers will use less of a product. As taxes increase on alternative tobacco products, the tax system may inadvertently discourage smokers from switching to potentially less harmful alternatives.

    The governor’s proposal to raise $18.9 million in additional revenue through higher tobacco taxes represents a significant change to Delaware’s tobacco tax structure. By increasing taxes on cigarettes, vapor products, moist snuff, and other tobacco products, the plan expands the state’s reliance on tobacco excise taxes and its tax burden on the poorest Delaware households.

    Well-designed tax policy should prioritize simplicity, neutrality, and transparency—principles that remain important even when taxes target products with well-known public health risks. Delaware policymakers should carefully evaluate whether the proposed changes strike the right balance between these competing objectives.

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  • New Mexico Decoupling on Full Expensing

    New Mexico Decoupling on Full Expensing

    A bill passed by the New Mexico legislature risks eroding the state’s corporate taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. environment by rejecting key business-friendly elements of the federal One Big Beautiful Bill Act (OBBBA). It would eliminate state-level conformity with 100 percent bonus depreciationDepreciation is a measurement of the “useful life” of a business asset, such as machinery or a factory, to determine the multiyear period over which the cost of that asset can be deducted from taxable income. Instead of allowing businesses to deduct the cost of investments immediately (i.e., full expensing), depreciation requires deductions to be taken over time, reducing their value and disco for machinery and equipment under IRC Section 168(k), along with immediate expensing for qualified production property under the new Section 168(n). It would also include net CFC-tested income (NCTI) in the state’s taxable base.

    Full expensingFull expensing allows businesses to immediately deduct the full cost of certain investments in new or improved technology, equipment, or buildings. It alleviates a bias in the tax code and incentivizes companies to invest more, which, in the long run, raises worker productivity, boosts wages, and creates more jobs.—commonly known as 100 percent bonus depreciation—enables companies to deduct the full cost of eligible investments in the year they are placed in service, rather than stretching those deductions across multiple years through complicated depreciation schedules. This approach minimizes distortions in investment decisions, counters the effects of inflationInflation is when the general price of goods and services increases across the economy, reducing the purchasing power of a currency and the value of certain assets. The same paycheck covers less goods, services, and bills. It is sometimes referred to as a “hidden tax,” as it leaves taxpayers less well-off due to higher costs and “bracket creep,” while increasing the government’s spendin, and respects the time value of money, ultimately supporting stronger economic growth and higher output. It also increases the probability that projects will become immediately profitable and incentivizes high fixed-cost investments.

    While adopting full expensing entails revenue costs during the initial transition period, when new immediate deductions overlap with existing assets completing their depreciation from prior investments—these effects are largely temporary. Over the medium to long term, the fiscal impact is neutral. The policy simply shifts the timing of tax payments forward. Once legacy assets complete their depreciation periods, new investments receive full upfront expensing with no subsequent deductions.

    While SB 151 proposes decoupling from pro-growth tax policy, it also includes unsound tax policy by conforming to IRC Section 951A and including foreign earnings of controlled corporations (in the form of the new NCTI) in the New Mexico corporate tax baseThe tax base is the total amount of income, property, assets, consumption, transactions, or other economic activity subject to taxation by a tax authority. A narrow tax base is non-neutral and inefficient. A broad tax base reduces tax administration costs and allows more revenue to be raised at lower rates.—earnings that have frequently already faced taxation overseas. At the federal level, this inclusion aims to discourage profit shiftingProfit shifting is when multinational companies reduce their tax burden by moving the location of their profits from high-tax countries to low-tax jurisdictions and tax havens. to low-tax foreign jurisdictions and guarantee a baseline tax on multinational income, with foreign tax credits available to prevent or mitigate double taxationDouble taxation is when taxes are paid twice on the same dollar of income, regardless of whether that’s corporate or individual income. when foreign rates exceed the minimum threshold.

    New Mexico, however, offers no such credit for taxes paid abroad. This creates genuine double taxation on the same foreign income, harming US-based multinationals relative to their international competitors.

    The NCTI regime replaces the global intangible low-taxed income (GILTI) system. It is notable that New Mexico did not conform to the GILTI provisions of the federal revenue code, a fiscally sound stance that did not seek to tax income earned outside the United States. Taxing NCTI, however, will erode the state’s tax environment needlessly. GILTI sought to distinguish between normal and supernormal returns of above 10 percent, exempting anything below as a qualified business asset investment (QBAI) exclusion. Converting to NCTI makes the problem of states adopting GILTI in their tax base worse. It eliminates the QBAI exclusion, bringing all the corporate income under the state’s tax purview rather than just the “supernormal” returns.

    Further, state-level adoption of NCTI taxation implies that foreign tax credits allowed at the federal level actually are picked up as additional income to be taxed, expanding the tax base even further. This leads to more aggressive taxation than under the GILTI regime.

    Beyond lack of justification or logic, taxing NCTI or GILTI is simply inefficient. Multinational corporations may respond by restructuring operations to minimize sales apportioned to the state, perhaps through intermediaries or by shifting invoicing to affiliates in more favorable locations, thereby curtailing their corporate tax liability. Further, New Mexico’s apportionment formula also includes payroll and real property owned by the corporation. While NCTI, like GILTI previously in other states, is likely to contribute only marginally to overall state revenues—typically a negligible share—its impact can be pronounced for the very enterprises that policymakers seek to attract, such as innovative firms driving economic expansion.

    In light of the federal transition from GILTI to NCTI, states currently taxing this form of international income would be wise to seize the opportunity to disengage from it entirely, and New Mexico should not use global income as a new source of revenues.

    In Tax Foundation’s 2026 State Tax Competitiveness Index, New Mexico places close to the middle overall, with its corporate tax component ranking in the upper half of states. Yet SB 151, in its present form, deviates from the principles of sound corporate tax policy. It conflicts with the federal objectives behind NCTI inclusion, taxes foreign-source income beyond what the federal base captures, imposes double taxation without relief for foreign taxes paid, and disadvantages American multinationals operating in the state. Moreover, it also seeks to decouple from the pro-growth expensing provisions contained in the OBBBA, which could discourage capital investment and new business formation and expansion in the state, leaving the state less competitive compared to those states that retain conformity with the OBBBA’s expensing rules.

    Lawmakers should consider pro-growth tax policies that will help recruit and retain the next generation of New Mexico residents and businesses. Unfortunately, SB 151 is a step in the wrong direction and could leave New Mexico less competitive, regionally and nationally, for some time to come.

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  • How to Legally Protect Your Home From Lawsuits |

    How to Legally Protect Your Home From Lawsuits |

    Let’s be clear—there’s no single “magic” asset protection strategy that makes your home untouchable. A real strategy works in layers—because protecting your home from lawsuits isn’t just about avoiding a worst-case scenario. It’s about making sure the equity you’ve built stays yours, even if someone comes after you.

    For most homeowners, the starting point is your state’s homestead exemptions. Some states protect a meaningful amount of home equity, while others protect very little. 

    From there, people usually reach for quick fixes like equity stripping (adding a mortgage or HELOC to reduce exposed equity) and better coverage like umbrella insurance. Those can help, but they aren’t a complete plan—and they don’t address the most overlooked issue: the title of the personal residence.

    That’s where advanced planning comes in. The strategies that tend to hold up best under real pressure often involve irrevocable trusts, especially Domestic Asset Protection Trusts (DAPT)—sometimes called Equity Protection Trust—because they can protect equity without automatically giving up key tax treatment. And when you pair that with the right entity structure for real estate, you create a defensible setup that’s built for real life, not just theory.

    Before I go further, watch the full discussion with attorney John Anderson here.

    Can Someone Take Your House If You Get Sued?

    Yes—depending on where you live in the United States, how much equity you have, and how your property is structured.

    If a serious lawsuit results in a judgment, creditors can pursue wages, bank accounts, and even certain personal property. They can also record liens against real estate. Whether they can force the sale of your home depends mainly on your state’s homestead protection and how much equity exceeds it.

    Even if a creditor cannot force collection today, they can still record a lien and maintain it for years, renewing it until you refinance, sell, or transfer the home to family members. 

    That’s why waiting to plan often creates the greatest exposure.

    What Is the Best Way to Protect Your Home From Lawsuits?

    The best way to protect your home is layered asset protection:

    1. Understand your state’s homestead exemption
    2. Remove visibility through privacy planning
    3. Use a Domestic Asset Protection Trust to protect equity

    The number one asset protection goal we have at Anderson Advisors is simple:

    Keep your name off of things.

    That’s security through obscurity. If someone can’t easily see what you own, you’re less likely to become a target.

    But privacy alone isn’t enough. If a creditor is determined, you need walls—not just a moat.

    Request a free consultation with an Anderson Advisor

    At Anderson Business Advisors, we’ve helped thousands of real estate investors avoid costly mistakes and navigate the complexities of asset protection, estate planning, and tax planning. In a free 45-minute consultation, our experts will provide personalized guidance to help you protect your assets, minimize risks, and maximize your financial benefits. ($750 Value)

    Is My Home Protected in a Lawsuit by Homestead Exemptions?

    Homestead exemptions are your baseline protection.

    Every state provides some level of homestead protection, but the amounts vary widely. Some states protect very little equity. Others protect a substantial amount. A few protect nearly all equity, under strict rules.

    Here’s the key: Homestead exemptions limit what creditors can seize—but they don’t eliminate lawsuits. If your equity exceeds your state’s exemption, that excess may be exposed.

    If you’ve lived in your home for years and appreciation has created significant equity, you may be sitting on a large, visible asset.

    Does Tenancy by the Entirety Protect Your Home?

    In certain states, married couples can title property as “tenancy by the entirety.” This can protect the home from a creditor of only one spouse.

    But the protection is fragile:

    • Divorce eliminates it
    • The death of a spouse eliminates it
    • Joint liability eliminates it

    It can be part of a layered plan, but it is not a permanent wall.

    Is Umbrella Insurance Enough to Protect Your Home?

    You should absolutely carry strong liability insurance and consider life insurance as part of your overall financial planning.

    But insurance has limits. Policies contain exclusions. Claims can exceed coverage. If damages exceed your umbrella policy limits, your assets are exposed.

    Insurance is part of your moat, but it is not your fortress.

    Does Equity Stripping Make Property Untouchable in a Lawsuit?

    Equity stripping involves adding debt—such as a mortgage or HELOC—to reduce visible equity.

    While it may make your home less attractive, it does not make it untouchable:

    • Creditors can still record liens
    • Judgments can last for years
    • You may be trapped if you want to sell

    You’re also paying interest to maintain that barrier. Equity stripping creates friction—not immunity.

    Should You Put Your Personal Residence in an LLC?

    Many people assume that placing their home into a business entity, such as a Limited Liability Company (LLC), automatically provides protection.

    For a primary residence, that can create serious drawbacks:

    • Potential impact on homestead-related benefits
    • Possible property tax complications
    • Compliance requirements
    • Risks if there is a mortgage

    For rental property, an LLC is part of the best entity structure for real estate. But your personal residence is different. Using an LLC here often sacrifices the protections you already qualify for.

    Before changing the title of personal residence, understand the tradeoffs.

    What Is a Domestic Asset Protection Trust (DAPT)?

    A Domestic Asset Protection Trust is a specific type of trust authorized by certain state statutes, including Nevada.

    It is an irrevocable trust designed to protect assets while preserving tax treatment. When you structure it correctly, the IRS treats it as a grantor trust for tax purposes.

    The key feature of this trust is the separation of control. Trustee roles are divided so that no single person has unilateral authority to remove assets. Because you cannot unilaterally access or distribute the assets, creditors cannot either.

    This is why transferring ownership into this structure can be a powerful tool. It protects equity while maintaining functionality.

    People often refer to these trusts as an Equity Protection Trust because they shield built-up equity rather than hide assets.

    Do You Lose Tax Benefits With an Asset Protection Trust?

    No, a properly structured trust preserves those benefits.

    A properly designed DAPT can preserve the tax treatment typically associated with your home. That’s why it differs from transferring a residence into a traditional business entity.

    The goal is protection without triggering unnecessary tax consequences.

    Can You Use a Nevada Asset Protection Trust in California?

    Yes, you can set up the trust in a state with strong protection laws and appoint an in-state trustee. This allows homeowners in low-protection states to leverage stronger trust laws.

    Your home remains in its current location, while the trust structure provides the legal shield.

    What About Fraudulent Transfers When Protecting Your Home?

    Asset protection must be proactive.

    If you transfer property after a known claim arises and thereby become insolvent, a creditor can challenge the transfer as fraudulent.

    However, planning before a lawsuit exists is entirely legitimate. As long as you are solvent and not attempting to prejudice a known creditor, proactive planning is lawful.

    To protect your assets effectively, you must act before a claim arises.

    What’s the Bottom Line on Protecting Your Home From Lawsuits?

    The bottom line is simple:

    • Homestead exemptions provide a baseline. 
    • Umbrella insurance adds coverage. 
    • Equity stripping creates friction.
    • A properly structured Domestic Asset Protection Trust is the strongest solution

    Your structure becomes even more important when you consider other assets—like a protected retirement account, your broader investment holdings, and exposure tied to a business entity.

    And because life changes—marriage, divorce, death, transfers to family members—ownership structure matters. Transferring ownership strategically can be a powerful tool when done properly.

    Ready to Protect What You’ve Built?

    If you want clarity on what makes sense for you—as a homeowner, investor, or business owner—schedule a free 45-minute Strategy Session with a Senior Advisor. We’ll evaluate your creditor protection options and design an asset protection plan tailored to your risks, equity, and current asset titling.

    We’ll review:

    • Your state’s homestead protection
    • Your exposed equity
    • Your insurance coverage
    • Your current entity structure
    • Whether an equity protection trust fits your situation

    Protecting your home from lawsuits works best before there’s a lawsuit.

    Unlock the Secrets of Top Real Estate Investors — Save Your Free Spot Today!

    Join our FREE Virtual Tax & Asset Protection Workshop to discover how to slash your taxes, shield your assets, and secure your financial future.

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  • “A Signal Was Sent”: BC Still Reeling From Budget 2026, Housing To Take A Hit

    “A Signal Was Sent”: BC Still Reeling From Budget 2026, Housing To Take A Hit

    The dust is yet to settle from the release of BC’s Budget 2026.

    Weeks later, developers are still reeling, and say that it does nothing to encourage the housing development that the province badly needs. Even worse, they worry that tax measures introduced are actively discouraging it.

    “A signal was sent to individual industries and for housing — it really was,” says Michael Drummond, who is the interim vice president and CEO of the Urban Development Institute (UDI) in BC. “We have been raising the cost-of-delivery crisis for a number of years, and there was nothing in the budget to help address that.”

    UDI is one of 19 signatories on a February 24 statement urging the Province to walk back on one of the particularly contentious measures introduced in the budget: the expansion of the 7% PST burden to accounting services, architectural services, engineering and geoscience services, security services, and commercial real estate services, effective October 1, 2026. These services have not generally been subject to PST in BC.

    “BC cannot afford policies that raise input costs, discourage investment, and weaken our competitive position,” says the joint statement, which represents the opinion of not just housing market stakeholders, but business organizations across the board. “BC’s PST is already the most uncompetitive sales tax in Canada, and Budget 2026 doubles down. This expansion creates a massive new administrative burden and a ‘tax on a tax’ for every project.”

    In one pro forma provided to STOREYS by Drummond, the consultancy spend on a 21-storey, 330-unit concrete rental would jump by about $275,000 (about $800 per unit), while operating expenses would rise by about $20,000 per year (about $60 per unit, per year).

    “It doesn’t sound like that much until you look at what that would do to the cap rate. And basically, you take [a $470,000] loss in the value of the asset,” Drummond explains. He also gives a second example of a five-storey, 150-unit wood-frame rental that would see consultancy costs and yearly operating expenses rise increase by $150,000 and $10,000 respectively, resulting in an asset value loss of $250,000.

    “But it’s less about that, and it’s more about the signal that government chose to put on an additional tax on development at a time when very few projects are penciling, the presale market has collapsed, rental margins are tightening, and the market is not signalling a near true recovery,” he adds.

    While the PST expansion has gotten a lot of attention, it’s not the only tax measure included in Budget 2026 that will exacerbate pain-points in BC’s housing market.

    The Province has also opted to bump the Speculation and Vacancy Tax rate for the 2027 tax year up to 4% (from 3%), and, effective January 1, 2027, the additional school tax rate for properties with a residential component is set to be 0.3% (up from from 0.2%) on the portion of value between $3 million and $4 million, and 0.6% (up from 0.4%) on the portion of value over $4 million.

    “We basically have shut investors down. Like, why would you invest in BC?,” says Wesbild President and CEO Kevin Layden. “And this just isn’t the speculation tax that’s discouraging investment, it’s the overall taxation environment and the lack of being able to get projects moving forward.”

    “The bigger issue for me is the school tax, which is an asset tax. And for us, we’re a land developer, we own a lot of land that we’re now going to have to pay additional school taxes on, that we can’t bring to market because of how long it takes to bring it to market,” Layden adds. “It’s just ridiculous… and it’s going to lead to more people leaving BC.”

    And the implications stand to run even deeper than that. Layden reveals that Wesbild has already started to park a number of their projects, including its plans for the Poco Place Shopping Centre in Port Coquitlam, which it acquired back in April 2024.

    “We have a very strong development permit application in place, but the math doesn’t work. […] It’ll stay as a shopping centre unless there’s some kind of significant change to the expectations of bonus density or DCCs, because the rents have dropped,” he says. “And I’m all for rents dropping, I think it’s good for the market, but the Province and municipalities need to adjust to the market realities that we’re all faced with. What I’ve said to city councillors is that you can raise taxes and the DCCs, but you’ll get 100% of nothing, because the project won’t go forward.”

    While Layden feels that BC could take a page out of Ontario’s book by introducing a GST rebate for first-time homebuyers, he also underscores that the province has a lot more to worry about than its lacklustre housing output. Budget 2026 revealed a 39% increase in operating expenses, but just 18% increase in revenue — and the Province is projecting a record-breaking $13.3 billion deficit for the 2026-2027 fiscal year.

    With everything that BC’s latest budget has revealed and introduced, Layden says he’s “worried for British Columbia” and what this is all going to mean for future generations. And he’s certainly not alone.

  • Trust Capital Gains Distribution to Income Beneficiaries Explained

    Trust Capital Gains Distribution to Income Beneficiaries Explained

    Can a trust distribute capital gains to the income beneficiary, or do gains stay taxable to the trust?

    The default rule is pretty simple: capital gains usually stay with the trust for tax purposes, even if the trust makes distributions to the income beneficiary. In other words, capital gains are ordinarily excluded from DNI, so they don’t automatically “carry out” to the beneficiary the way interest, dividends, and ordinary income often do.

    That said, “usually” is doing a lot of work here.

    There are specific situations where gains can be treated as part of what’s distributed, and that can shift the taxable income from the trust to the beneficiary. Those situations are real, but they’re not automatic, and they depend heavily on how the trust is written and how the trustee administers it.

    If the trust sells stock and realizes a capital gain, does the income beneficiary automatically report that gain? 
    Typically, no. In many trusts, that gain is allocated to the principal (corpus) and stays taxable to the trust unless the trust qualifies to include it in DNI under specific rules.

    If the trust distributes cash to the income beneficiary, can that distribution “include” capital gains? 
    Sometimes, but only if the gain is properly pulled into DNI under the applicable rules. Otherwise, the distribution generally carries out ordinary income first, and capital gains remain taxed at the trust level.

    Why does this matter so much for expats? 
    Trust tax rates can climb quickly, and cross-border beneficiaries can add withholding or reporting complexity. So the “who pays the tax” question is not just for show, especially if the beneficiary lives outside the US.