CARES Act Remaining Tax Provisions — Practitioner Guide

CARES Act Tax Provisions — What Remains in Effect

The QIP correction: The CARES Act retroactively corrected a drafting error in the TCJA that had classified Qualified Improvement Property (QIP) as 39-year property instead of the intended 15-year property. The correction allows QIP to qualify for bonus depreciation — a significant benefit for restaurants, retailers, and other businesses that make interior improvements to leased or owned buildings. This correction is still in effect and applies to all QIP placed in service after December 31, 2017.

Excess Business Loss Limitation — 2026 Rules

The excess business loss trap: The excess business loss limitation (IRC §461(l)) limits the amount of business losses that a non-corporate taxpayer can deduct in a single year to $313,000 (single) or $626,000 (MFJ) in 2026. Losses above this amount are treated as a net operating loss carryforward — subject to the 80% limitation. This limitation can significantly affect real estate investors, farmers, and other taxpayers with large business losses.

NOL Carryforward Rules — Post-CARES Act

Practitioner Planning Checklist — Cares Act Remaining Provisions

1. Review all client files for cares act remaining provisions exposure annually. Identify clients who may benefit from planning strategies related to this topic before year-end.
2. Document all elections and positions taken. Maintain contemporaneous records supporting any tax positions. The IRS can audit returns up to 3 years (6 years for substantial understatements, unlimited for fraud).
3. Coordinate with estate and financial planning. Tax strategies do not exist in isolation. Coordinate with the client's financial advisor and estate planning attorney to ensure consistency across all planning documents.
4. Model multiple scenarios before advising clients. Use tax projection software to model the impact of different strategies. Present clients with a clear comparison of options, including the tax cost and non-tax considerations of each.
5. Stay current on IRS guidance and legislative changes. This area of tax law is subject to frequent IRS guidance, revenue rulings, and legislative changes. Subscribe to IRS e-News and monitor the Uncle Kam Legislative Updates section for developments.
6. Review state tax implications. Federal tax strategies may have different or adverse state tax consequences. Verify the state tax treatment of any strategy before advising clients, particularly for clients in high-tax states (CA, NY, NJ, IL, MA).
7. Obtain client consent for aggressive positions. For any position that is not clearly supported by statute or regulation, obtain written client consent and disclose the position on the return (Form 8275 or 8275-R if contrary to regulations).
8. Set follow-up reminders for multi-year strategies. Many tax strategies span multiple years (installment sales, 1031 exchanges, Roth conversion ladders). Set calendar reminders to review and adjust strategies as circumstances change.

Common Mistakes and Pitfalls — Cares Act Remaining Provisions

• Failing to document the business purpose of deductions. The IRS requires contemporaneous documentation for most deductions. Receipts, logs, and business purpose statements should be maintained at the time of the expense, not reconstructed later.
• Missing filing deadlines and extension requirements. Many elections and filings have strict deadlines. Late elections (e.g., S-Corp election, §754 election) may be irrevocable or require IRS consent to make late. Calendar all critical deadlines.
• Overlooking state conformity issues. Many states do not conform to federal tax law changes. A strategy that works at the federal level may create unexpected state tax liability. Always check state conformity before advising clients.
• Ignoring the interaction with other tax provisions. Tax provisions rarely operate in isolation. A strategy that reduces one type of tax may increase another (e.g., reducing AGI for EITC purposes may increase the ACTC but reduce other credits). Model the full tax impact.
• Failing to consider the economic substance doctrine. The IRS can disregard transactions that lack economic substance beyond tax benefits. Ensure that all tax strategies have a genuine business purpose and economic substance beyond tax savings.
• Not reviewing prior-year returns for missed opportunities. Many tax benefits can be claimed on amended returns within the statute of limitations (generally 3 years). Review prior-year returns for missed deductions, credits, and elections.

Related Strategies and Planning Opportunities

• Year-End Tax Planning: Review cares act remaining provisions implications as part of comprehensive year-end tax planning. Identify opportunities to accelerate deductions or defer income before December 31.
• Entity Structure Review: The choice of entity (sole proprietorship, LLC, S-Corp, C-Corp) significantly affects the tax treatment of income and deductions. Review entity structure annually, especially after significant income changes.
• Retirement Plan Optimization: Maximize retirement plan contributions to reduce taxable income. Self-employed individuals have access to SEP-IRAs, SIMPLE IRAs, and solo 401(k)s with contribution limits up to $70,000 in 2026.
• Charitable Giving Strategies: Qualified charitable distributions (QCDs), donor-advised funds, and appreciated property donations can provide significant tax benefits while supporting charitable goals.
• Estate and Gift Tax Planning: Annual exclusion gifts ($19,000 per recipient in 2026), 529 superfunding, and irrevocable trust strategies can reduce estate tax exposure while transferring wealth tax-efficiently.

Frequently Asked Questions