The Tax Cuts and Jobs Act Could Sunset

What You Need to Know

The law was enacted in 2017.
Some tax provisions are set to expire Dec. 31, 2025.
One possible solution could be annuities held outside retirement plans.

A topic that’s on the mind of many financial professionals and their clients is whether the Tax Cuts and Jobs Act will sunset as planned, at the end of 2025.

When the TCJA was enacted in 2017, it significantly altered the tax landscape.

Among various provisions, it provided tax cuts for individuals and businesses.

However, unless it is extended by December 31, 2025, many of its individual tax provisions will expire — leading to possible tax increases for individual taxpayers compared to today’s rates.

While the potential for this change is still more than a year away, it provides an opportunity for financial professionals to consider strategies and opportunities to help prepare clients, particularly in managing non-qualified capital gains.

On Possible Tool: Non-Qualified Annuities

Non-qualified annuities can be a valuable tool in tax planning, especially in the context of potentially higher taxes.

Unlike qualified annuities, which are funded with pre-tax dollars and often come with contribution limits, non-qualified annuities are funded with after-tax dollars and have no contribution limits.

The key advantage here is tax deferral.

Earnings on non-qualified annuities grow tax-deferred until the funds are withdrawn, which can be a crucial benefit when anticipating potentially higher future tax rates.

Consider the following example of John, who has a substantial portfolio of non-qualified assets.