White Paper

3 Pages
  • 3 Pages

Planning and Drafting to Maximize Pass-Through Deductions Under Section 199A


The origin of Section 199A and its extraordinary complexity.

Section 199A provides the owners of closely-held businesses with federal income tax pass-through deductions of up to 20% of their net business income. It also provides certain special deductions to farmers, horticulturalists and their cooperatives and to persons investing in real estate investment trusts and publicly traded partnerships.  Section 199A and the proposed regulations thereunder are among the most complex provisions and regulations under the Tax Cuts and Jobs Act of 2017.  This white paper reviews the maximizing of Section 199A pass-through deductions for business start-ups and this imposes a very substantial additional level of section 199A complexity.



John M. Cunningham

John M. Cunningham

McLane Middleton, P.A.

  • Former trial attorney with the Tax Division of the United States Department of Justice and a former member of the International Trade and Tax Department of Baker McKenzie LLP
  • Author of Maximizing Pass-Through Deductions Under Internal Revenue Code Section 199A, published by Wolters Kluwer, an international legal and tax information service
  • Practice is focused on LLC formations and other transactions involving LLC law and tax and on advising clients on how to structure their businesses to maximize their section 199A pass-through deductions, section 199A services have saved his clients tens of thousands of dollars in federal income taxes
  • Author of Drafting Limited Liability Company Operating Agreements, also published by Wolters Kluwer, leading U.S. LLC formbook and practice manual
  • Former chair of both the corporate and tax sections of the New Hampshire Bar Association
  • Chaired and was a principal author of the Revised New Hampshire Limited Liability Company Act

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