EA Exam · 9 min read 2026 Blueprint Verified

EA Exam TCJA Sunset Updates (2026): What Changes on the IRS SEE?

Rob Pfleghardt

10-year Price Waterhouse alumnus · Founder of VoraPrep · Former CPA (1987–2024) · with the VoraPrep Editorial Team

Key Takeaways

  • Statutory Authority: Tax Cuts and Jobs Act (TCJA) of 2017 (Public Law 115-97), Title I.
  • Sunset Date: Individual and pass-through provisions expire December 31, 2025, unless extended by Congress.
  • Testing Window Impact: IRS SEE tests the prior tax year (Tax Year 2025 for exams taken May 1, 2026 to February 28, 2027) with prospective transition questions.
  • Permanent Corporate Rate: The 21% flat corporate income tax rate under Section 11(b) is permanent and does not sunset.
  • Section 199A Expiration: The 20% Qualified Business Income (QBI) deduction for sole proprietorships, partnerships, and S-corporations expires after 2025.
  • Estate & Gift Exemption: Reverts from approximately $13.61 million per individual down to approximately $5 million (adjusted for post-2011 inflation, roughly $7 million).
Quick answer

The expiration of individual Tax Cuts and Jobs Act (TCJA) provisions on December 31, 2025, represents the largest tax law transition on the IRS Special Enrollment Examination (SEE) in a decade. Candidates testing in 2026 must master shifting individual tax brackets (reverting to 10% to 39.6%), the return of personal exemptions, the expiration of the $10,000 SALT cap, and the phaseout of the Section 199A Qualified Business Income deduction.

For Enrolled Agent candidates, preparing for the Special Enrollment Examination (SEE) administered by Prometric on behalf of the Internal Revenue Service requires studying the exact tax code in effect for the testing window.

The IRS tests tax laws based on the prior calendar year during the annual May 1 through February 28 testing window. With dozens of cornerstone individual and pass-through tax provisions enacted under the Tax Cuts and Jobs Act of 2017 scheduled to sunset after December 31, 2025, candidates testing in 2026 face an unprecedented dual challenge: calculating current liabilities while understanding transition rules and sunset triggers.

Below is the definitive, operational breakdown of how the 2026 TCJA sunset impacts SEE Part 1 (Individuals), Part 2 (Businesses), and Part 3 (Representation, Practices, and Procedures).

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Key facts

  • Statutory Authority: Tax Cuts and Jobs Act (TCJA) of 2017 (Public Law 115-97), Title I.
  • Sunset Date: Individual and pass-through provisions expire December 31, 2025, unless extended by Congress.
  • Testing Window Impact: IRS SEE tests the prior tax year (Tax Year 2025 for exams taken May 1, 2026 to February 28, 2027) with prospective transition questions.
  • Permanent Corporate Rate: The 21% flat corporate income tax rate under Section 11(b) is permanent and does not sunset.
  • Section 199A Expiration: The 20% Qualified Business Income (QBI) deduction for sole proprietorships, partnerships, and S-corporations expires after 2025.
  • Estate & Gift Exemption: Reverts from approximately $13.61 million per individual down to approximately $5 million (adjusted for post-2011 inflation, roughly $7 million).

What Major TCJA Provisions Sunset After 2025?

The TCJA created a bifurcated tax code: corporate rate cuts were enacted permanently, while almost all individual and pass-through provisions were given an expiration date of December 31, 2025, to comply with Senate budget reconciliation rules (the Byrd Rule).

Candidates must recognize exactly which tax mechanics revert to pre-2018 Internal Revenue Code rules:

1. Individual Tax Rate Brackets

Pre-sunset rates of 10%, 12%, 22%, 24%, 32%, 35%, and 37% revert to the pre-TCJA structure: 10%, 15%, 25%, 28%, 33%, 35%, and 39.6%. The threshold for the top 39.6% bracket drops significantly compared to the 37% threshold.

2. Standard Deduction and Personal Exemptions

The roughly doubled standard deduction introduced by TCJA expires, reverting to approximately half its current real value. Concurrently, personal and dependency exemptions return (projected at roughly $5,000 per dependent/taxpayer, adjusted for inflation).

3. State and Local Tax (SALT) Deduction

The contentious $10,000 limitation ($5,000 for married filing separately) on deductible state and local property, income, and sales taxes sunsets. Taxpayers who itemize deductions may once again deduct uncapped state and local taxes, subject to pre-TCJA overall limitation rules.

4. Miscellaneous Itemized Deductions Subject to 2% AGI Floor

Deductions suspended under TCJA (unreimbursed employee business expenses on Form 2106, tax preparation fees, investment advisory fees) return as itemized deductions on Schedule A, subject to the 2% Adjusted Gross Income (AGI) floor.

5. Section 199A Qualified Business Income (QBI) Deduction

The 20% deduction for eligible pass-through business income expires entirely for tax years beginning after December 31, 2025. This dramatically alters the tax parity between C-corporations (retaining the 21% flat rate) and pass-through entities.

2026 TCJA Sunset Comparison Matrix: Pre-Sunset vs. Post-Sunset Rules

Tax ProvisionTCJA Rules (2018–2025)Post-Sunset Reversion (2026+)Exam Impact Area
Top Individual Tax Rate37%39.6%SEE Part 1 (Individuals)
Standard Deduction~$14,600 Single / ~$29,200 MFJReverts to ~50% baseline (plus inflation)SEE Part 1 (Itemized vs Standard)
Personal ExemptionsSuspended ($0)Reinstated (~$5,000 per person)SEE Part 1 (Filing Status & Dependents)
SALT Deduction CapCapped at $10,000 per returnUncapped (subject to Pease limit)SEE Part 1 (Schedule A Itemizing)
Mortgage Interest Cap$750,000 acquisition debt$1,000,000 acquisition + $100k home equitySEE Part 1 (Itemized Deductions)
Child Tax Credit (CTC)$2,000 ($1,700 refundable)Reverts to $1,000 per qualifying childSEE Part 1 (Tax Credits)
Section 199A QBI DeductionUp to 20% pass-through deductionExpires completely (0%)SEE Part 2 (Sole Props, S-Corps, LLCs)
Corporate Income TaxFlat 21%Remains flat 21% (Permanent)SEE Part 2 (C-Corporations)
Bonus DepreciationPhasing down (20% in 2026)0% Bonus (Section 179 remains)SEE Part 2 (Depreciation & Basis)
Estate & Gift Exemption~$13.61M per individualReverts to ~$5M adjusted for inflationSEE Part 1 & Part 2 (Wealth Transfer)

How the Sunset Impacts Each Part of the Special Enrollment Exam

SEE Part 1: Individuals (The Heaviest Impact)

Part 1 candidates will see the most drastic changes. Exam questions test taxpayer choice between taking the standard deduction versus itemizing on Schedule A. Under TCJA, nearly 90% of taxpayers took the standard deduction. Post-sunset, itemizing calculations become essential exam targets:
  • Medical Expenses: The 7.5% AGI floor remains permanent under subsequent legislation.
  • Charitable Contributions: Cash donation limit returns to 50% of AGI (down from 60% under TCJA).
  • Home Equity Indebtedness: Deductibility of interest on up to $100,000 of home equity debt returns, provided the debt was not used for personal consumption.

SEE Part 2: Businesses (Entity Selection & Pass-Through Parity)

Entity classification questions in Part 2 become significantly more complex. With Section 199A gone, an S-Corporation or partnership owner in the 39.6% bracket pays 39.6% plus the 3.8% Net Investment Income Tax (NIIT) or self-employment tax. Meanwhile, a C-Corporation continues paying a flat 21% corporate rate. Prometric questions will test your ability to calculate comparative effective tax rates when choosing between C-Corp status, S-Corp elections, and single-member LLCs.

SEE Part 3: Representation, Practices, and Procedures

Part 3 tests Treasury Department Circular 230 and IRS audit procedures. Sunset questions focus on:
  • Practitioner Due Diligence (Section 10.22): Documenting transition advice and advising clients on multi-year tax planning strategies.
  • Accuracy-Related Penalties (Section 6662): Substantial understatement thresholds when claiming transitional deductions.
  • Statutory Disclosures (Form 8275): Disclosing positions contrary to transitional IRS proposed regulations.

Worked Example: Individual Taxpayer Standard Deduction vs. Itemizing Decision

Consider a married couple filing jointly (MFJ) in a high-tax state with the following 2026 deductions:

  • State income and property taxes paid: $24,000
  • Mortgage interest paid on $600,000 debt: $18,000
  • Qualified charitable contributions: $6,000
  • Unreimbursed employee business expenses (W-2 travel): $4,000
  • Adjusted Gross Income (AGI): $180,000

Under TCJA Rules (2025):

  1. SALT Deduction: Capped strictly at $10,000.
  2. Mortgage Interest: $18,000 is fully deductible ($600,000 is under the $750,000 cap).
  3. Charitable Contributions: $6,000 is fully deductible.
  4. Unreimbursed Employee Expenses: $0 (suspended under TCJA).
  5. Total Itemized Deductions: $10,000 + $18,000 + $6,000 = $34,000.
  6. Standard Deduction: ~$30,000 MFJ. The couple itemizes for a modest $4,000 deduction advantage.

Under Post-Sunset Rules (2026):

  1. SALT Deduction: $24,000 (fully deductible, no $10,000 cap).
  2. Mortgage Interest: $18,000 is fully deductible.
  3. Charitable Contributions: $6,000 is fully deductible.
  4. Unreimbursed Employee Expenses: 2% of $180,000 AGI is $3,600. Expenses of $4,000 exceed the floor by $400.
  5. Total Itemized Deductions: $24,000 + $18,000 + $6,000 + $400 = $48,400.
  6. Standard Deduction: ~$15,500 MFJ.
  7. Personal Exemptions: Two taxpayer exemptions ($5,000 x 2 = $10,000 additional deduction).
  8. Total Deductive Reduction: $48,400 itemized + $10,000 personal exemptions = $58,400.
Exam Takeaway: The same financial facts produce a $24,400 difference in taxable income. Candidates must recognize how the uncapped SALT deduction and personal exemptions completely reshape Schedule A itemizing decisions.

How to Prepare for 2026 EA Exam Updates

  1. Verify Your Question Bank Vintage: Never use 2023 or 2024 practice questions for the 2026 exam. Platforms like VoraPrep Enrolled Agent prep update all 3,500+ practice questions dynamically to reflect current and transition rules.
  2. Master Schedule A Line by Line: Expect Prometric to test edge-case itemized deductions that were dormant for eight years, including casualty losses, investment interest expense, and mortgage insurance premiums.
  3. Review IRS Circular 230 Practice Standards: Ethics and representation make up 100% of Part 3. Ensure you understand practitioner disclosure rules when advising clients during statutory tax sunsets.

Frequently asked questions

Will Congress extend the TCJA before it sunsets?

While Congress frequently debates extending specific tax provisions (particularly the lower tax brackets and higher standard deduction), Enrolled Agent candidates cannot speculate on future legislation. The IRS tests the tax code as enacted by statute for the applicable tax year. Candidates must prepare for the statutory sunset rules unless and until new legislation is formally signed into law.

Which tax year does the 2026 Enrolled Agent exam test?

The IRS Special Enrollment Examination testing window runs from May 1 through February 28 each year. Exams taken from May 1, 2026, through February 28, 2027, test Tax Year 2025 laws, forms, and inflation adjustments, alongside statutory transition questions regarding the post-2025 rules.

How does the TCJA sunset affect the Section 179 expense limit?

Unlike bonus depreciation which phases down to 0% after 2026, Section 179 expensing is permanent under the tax code. The annual expense cap ($1,220,000+ indexed for inflation) and investment phaseout threshold continue to protect small businesses purchasing qualifying equipment.

Are personal exemptions definitely returning if TCJA sunsets?

Yes. Under the statutory language of Public Law 115-97, the suspension of personal exemptions under Section 151 expires for tax years beginning after December 31, 2025, reverting the personal exemption deduction to its pre-TCJA structure adjusted for inflation.

What is the most effective study tool for the 2026 EA exam?

The most effective tool is an adaptive question bank that tests actual scenario calculations rather than passive reading. VoraPrep provides 3,500+ adaptive practice questions, real-time AI tutor explanations, and full Prometric exam simulations for just $149/year. Explore our Enrolled Agent exam cost guide and test your baseline today.
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SEE Part 3: Representation, Practices and Procedures

Under Treasury Department Circular 230 §10.21 (Knowledge of Client's Omission), what is an Enrolled Agent required to do upon discovering that a client has made an error on, or omission from, a previously filed federal tax return?

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Official resources and references

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About the Author: Rob Pfleghardt

Rob Pfleghardt is the founder of VoraPrep, a comprehensive exam prep platform for the CPA, CMA, EA, CIA, CISA, and CFP exams. A Virginia Tech graduate in Accounting and Finance, Rob began his career at Price Waterhouse, spending a decade in audit and IT consulting. After holding a CPA license for 37 years (1987–2024) and successfully scaling his own enterprise IT consultancy serving the Department of Defense, Rob launched VoraPrep. He now leverages his deep systems architecture background to build the adaptive training technology and curriculum that helps candidates pass their certification exams efficiently.

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