Greg Miller, Attorney at Law

Greg Miller, Attorney at Law General Civil Practice of Law in West Central Indiana

I practice general civil law in West Central Indiana, including matters involving personal and corporate tax matters, real estate, business, banking, succession planning, contracts, wills, trusts, estates, Medicaid planning, elder law, collections and creditor's rights.

12/30/2025

Will Congress make Roth accounts fully or partially taxable? The answer to that question begins by looking at what Congress did with Social Security.

When the Social Security system began over eighty years ago, the receipt of Social Security benefits was specifically excluded from taxable income. This was unusual because at that time (and still today) conventional retirement plans made the portion of benefits attributable to earnings and employer contributions taxable, while exempting employee contributions.

This tradition continued for over 40 years until the early 1980’s when the Social Security system began facing some financial issues. Congress established the Greenspan Commission to study the issue, and they proposed making the roughly 50% portion of Social Security taxes paid by the employer taxable to the employee at withdrawal starting in 1983. The income threshold of taxable benefits resulted in the Commission estimating that its proposals would affect only about 10% of Social Security beneficiaries and that it would result in $30 billion in revenue to the Trust Funds in the first seven years.

About ten years later Congress decided to also go after the equivalent earnings that were sheltered inside of Social Security. Remember, Social Security is made up of three parts: worker's contributions to F**A; employer's contributions to F**A; and earnings on both of those amounts.

In 1993, as part of the Omnibus Budget Reconciliation Act, the Social Security taxation provision was modified to add a secondary set of thresholds and a higher taxable percentage for beneficiaries who exceeded the secondary thresholds. The changes introduced by the 1993 amendments were designed to make the treatment of Social Security benefits more closely approximate to private pensions. To this end, the taxable percentage was set at 85% for higher-income beneficiaries. New thresholds were added, but only to differentiate those subject to the higher percentage from those still subject to the 50% figure. Inflation has left those thresholds in the dust of political promises.

So within a ten year span, America had gone from no tax on any portion of the three elements of Social Security benefits, to taxation of two of the three pieces: the equivalent employer contribution becoming taxable in 1983 and the equivalent earnings becoming taxable in 1993.

The Roth IRA:
In contrast to the Social Security system, the Roth IRA is only made up of two components: non-deductible worker contributions and earnings.

Established by Congress in 1997, the Roth IRA has historically offered both tax-free accumulation of earnings as well as tax-free distributions at retirement if a few simple tests were met.

Precedent exists for making Roth IRA earnings taxable as we see in the previous discussion on Social Security. Congress has even looked into prohibiting Roth IRAs in certain instances when an individual has accumulated “too much”, as well as prohibiting ROTH conversions. (See 2013’s proposed RISA Act as sponsored by Senator Wyden).

Some experts have extrapolated the Federal Reserve’s Board of Governor’s report to estimate national Roth balances by the end of 2025 to be as much as $11 trillion dollars. If 50% of that amount represents earnings currently accumulated in a never-to-be-taxed again account, that would be over $5 trillion dollars, and the Investment Company Institute has estimated that only about 25% of these balances actually represent contributions. A more realistic estimate then, is that somewhere around $8.5 trillion dollars represents earnings currently held inside Roth IRAs.

The current US federal debt is over $38 trillion according to the US Treasury, with a projected 2025/2026 Federal deficit will be about $1.8 trillion according to the Congressional Budget Office.

Will Congress decide to tax Roth IRAs to reduce the federal debt?

11/19/2025

Do undocumented immigrants have access to healthcare under Obamacare (a.k.a., Affordable Care Act)?

Undocumented immigrants are NOT eligible to enroll in Affordable Care Act (ACA) Marketplace plans or receive federal premium tax credits; however, “lawfully present” immigrants can access Marketplace coverage.

Federal eligibility rules are clear that citizenship or lawful presence is required for Marketplace enrollment, but the landscape includes exceptions and state-level variation, and recent federal legislative and policy actions in 2025 changed eligibility for some lawfully present immigrants and federal emergency Medicaid funding. This analysis compares key claims, cites recent findings, and highlights contested interpretations and political agendas shaping public debate

1. Why the ACA Marketplace rule matters—and what it actually says

Federal Marketplace eligibility requires being a U.S. citizen or lawfully present immigrant, and undocumented immigrants are not allowed to buy plans through the federal ACA exchanges or obtain federal subsidies. The Marketplace and premium tax credits are reserved for citizens and those with qualifying immigration statuses. Undocumented people cannot enroll directly on the federal platform. This statutory line drives most public claims about whether “illegals” have ACA access, because the Marketplace is the primary federal pathway to ACA coverage. The clear legal rule does not preclude all health care for undocumented people; rather, it limits access to ACA programs specifically and channels debate toward alternate pathways such as emergency care, state programs, and household coverage options that stakeholders sometimes conflate with ACA entitlement.

2. Emergency care, Medicaid for children, and state programs — the practical reality

Undocumented immigrants routinely receive emergency medical care under EMTALA (a Reagan-era program) and in many states access state-funded programs or local initiatives that cover prenatal, pediatric, or primary care irrespective of immigration status. While the ACA Marketplace is closed to undocumented people, emergency Medicaid and state-level programs continue to serve them in specific contexts; U.S.-born children of undocumented parents are eligible for Medicaid and CHIP, creating family-level coverage dynamics that complicate public understanding. Recent federal budget and tax actions in 2025 reduced some federal reimbursements for emergency Medicaid, affecting hospitals and state budgets rather than directly revoking emergency-treatment entitlements, but this fiscal shift changes incentives and capacity to provide care to uninsured undocumented patients.

3. Lawfully present immigrants: winners, losers, and recent policy churn

Before recent federal actions, many lawfully present immigrants could buy Marketplace plans and claim subsidies. This category includes lawful permanent residents, refugees, and asylees. Some lawfully present immigrants recently lost access to affordable Marketplace coverage, while undocumented immigrants’ baseline exclusion from Marketplace enrollment remains unchanged.

4. Political claims, data points, and contested interpretations

Public claims that undocumented immigrants “do have access” to Obamacare usually conflate ACA Marketplace eligibility with other forms of care such as emergency Medicaid, state programs, or children’s Medicaid. Actors advancing different narratives display clear agendas: some advocacy voices stress humanitarian and public-health rationales for broader access, while critics emphasize fiscal and statutory limits; both sides selectively highlight emergency and state program examples to imply broader federal entitlement that does not exist under ACA rules.

5. Bottom line: who can do what, and where to check eligibility now

The bottom line is categorical: undocumented immigrants cannot enroll in ACA Marketplace plans or receive federal premium tax credits, while lawfully present immigrants generally can, except where recent 2025 policy changes have removed subsidies for certain categories. Emergency care and state/local programs remain important but distinct sources of health services.

For individuals seeking a definitive determination for a specific person, the official HealthCare.gov guidance and state program portals are the authoritative, up-to-date resources; policy shifts and court rulings in 2025 changed the practical access landscape for some immigrant categories, so checking current federal and state guidance is essential

11/17/2025

"No Tax on Overtime”

Effective for 2025 through 2028, individuals who receive qualified overtime compensation may deduct the pay that exceeds their regular rate of pay – such as the “half” portion of “time-and-a-half” compensation -- that is required by the Fair Labor Standards Act (FLSA) and that is reported on a Form W-2, Form 1099, or other specified statement furnished to the individual.

Maximum annual deduction is $12,500 ($25,000 for joint filers).
Deduction phases out for taxpayers with modified adjusted gross income over $150,000 ($300,000 for joint filers).

Deduction is available for both itemizing and non-itemizing taxpayers.

Taxpayers must:
include their Social Security Number on the return and
file jointly if married, to claim the deduction.

Reporting: Employers and other payors are required to file information returns with the IRS (or SSA) and furnish statements to taxpayers showing the total amount of qualified overtime compensation paid during the year.

Guidance: The IRS will provide transition relief for tax year 2025 for taxpayers claiming the deduction and for employers and other payors subject to the new reporting requirements.

11/17/2025

"No Tax on Tips”

Effective for 2025 through 2028, employees and self-employed individuals may deduct qualified tips received in occupations that are listed by the IRS as customarily and regularly receiving tips and that are reported on a Form W-2, Form 1099, or other specified statement furnished to the individual or reported directly by the individual on Form 4137.

“Qualified tips” are voluntary cash or charged tips received from customers or through tip sharing.

Maximum annual deduction is $25,000. For self-employed taxpayers, deduction may not exceed individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.

Deduction phases out for taxpayers with modified adjusted gross income over $150,000 ($300,000 for joint filers).

Deduction is available for both itemizing and non-itemizing taxpayers.

Self-employed individuals in a Specified Service Trade or Business (SSTB) under section 199A are not eligible.

Employees whose employer is in an SSTB also are not eligible.

Taxpayers must:
include their Social Security Number on the return and
file jointly if married, to claim the deduction.

Reporting: Employers and other payors must file information returns with the IRS (or SSA) and furnish statements to taxpayers showing certain cash tips received and the occupation of the tip recipient.

Guidance: By October 2, 2025, the IRS must publish a list of occupations that “customarily and regularly”.

The IRS will provide transition relief for tax year 2025 for taxpayers claiming the deduction and for employers and payors subject to the new reporting requirements.

11/17/2025

U.S. taxpayers age 65 and older are eligible for two potential extra standard deductions for the 2025 tax year: a long-standing additional standard deduction and a new, temporary "bonus" deduction introduced by the One Big Beautiful Bill Act (OBBBA).

1. The Existing Additional Standard Deduction (Age or Blindness)

This has been a part of the tax code for a long time and is available if you are 65 or older, blind, or both, at the end of the tax year. This is added directly to your standard deduction amount.

For the 2025 tax year, the amounts are:
Single or Head of Household: an extra $2,000 per qualifying condition (age or blindness).

Married Filing Jointly or Qualifying Surviving Spouse: an extra $1,600 per qualifying condition per person. If both spouses are over 65, for example, the total additional amount is $3,200.

2. The New OBBBA "Bonus" Deduction (2025-2028)

A new, temporary deduction has been enacted for the 2025 through 2028 tax years. This deduction is available even if you itemize your deductions, and it is in addition to the existing deduction mentioned above.

The base amount is $6,000 per qualifying individual ($12,000 for a married couple if both qualify).

Eligibility and Limitations:
You must be at least 65 years old.

The deduction is subject to Modified Adjusted Gross Income (MAGI) phase-outs:
For single filers, the deduction is reduced if MAGI exceeds $75,000 and is fully phased out at $175,000.

For joint filers, the deduction is reduced if MAGI exceeds $150,000 and is fully phased out at $250,000.

Each person claiming the deduction must provide a valid Social Security number.

11/05/2025

Indiana’s House Enrolled Act 1593 goes into effect on January 1, 2026.

The Act changes several portions of Indiana’s business entity laws. While the Act’s stated purpose is to prevent fraud, its most practical effects are how businesses list their addresses, use commercial mail services, and handle biennial filings with the Indiana Secretary of State’s office.

HEA 1593 changes how companies disclose their “principal office.” Under existing law, businesses are required to list a physical office address location on their formation filing and biennial reports, even if that address is someone’s residence. A P.O. Box is not allowed. The new law recognizes that many businesses no longer operate out of traditional storefronts or office suites. If your company is entirely remote and does not maintain a nonresidential office, you may now list a “contact address” instead of a traditional physical office address. That contact address can be the home address of an owner or the address you maintain through a commercial mail receiving agency.

Related to the change in principal office addresses, HEA 1593 imposes new requirements on commercial mail receiving agencies. Such agencies will need to register with the Indiana Secretary of State’s office under a new provision of the Indiana Code, Ind. Code Chapter 23-0.5-2.5, keep records about their customers, and notify the Secretary of State if they close or terminate an account.

If your business relies on a mail agency to maintain privacy or to avoid using a personal residence address, it will be essential to confirm that the agency you use is properly registered and compliant. Otherwise, your filings could be rejected, or your business could fall out of good standing.

HEA 1593 also makes changes to the way biennial reports are filed. Beginning in 2026, any third party that files a report for your business must take reasonable steps to verify the identity of the individual on whose behalf the report is submitted. This could involve reviewing a driver’s license, passport, or other official document, and being prepared to provide that information to the Indiana Secretary of State if requested.

If you use an outside service to prepare your filings such as a law firm, registered agent service provider, or accounting firm, this means an extra step of documentation and potentially a slower turnaround, so it is worth discussing with those third-party filers in advance of your next biennial report filing deadline.

In a legal change that seems unrelated to fraud prevention, HEA 1593 also adjusts the rules for reinstating businesses that have been administratively dissolved. Currently, companies have only five years to apply for reinstatement, which can create great hardships for administratively dissolved entities that are operating after that five-year period.

HEA 1593 now allows reinstatement after more than five years, but only if the company explains the delay and IF the Indiana Secretary of State approves the request in its discretion. However, exactly what demonstration of delay will be required to be shown by a company is yet to be disclosed by the Indiana Secretary of State’s office. Nevertheless, this change could be particularly helpful to owners who want to revive an older business name or entity that has been inadvertently administratively dissolved for more than five years.

In sum, business owners should be aware that Indiana is modernizing its recordkeeping rules to reflect how businesses operate today. If your company operates without a traditional office, you will soon have more options for how to list your official address, provided you work with a commercial mail agency that meets the requisite statutory requirements. Further, if you work with third parties to file your biennial business reports, be prepared to provide the information necessary to validate the identification of those authorized to file on behalf of your company.

11/02/2025

Here’s the plain truth.

The enhanced ACA subsidies are scheduled to expire December 31, 2025.

If nothing changes, many families could see premiums more than double starting January 1, 2026.

Why?

Because the “subsidy cliff” is coming back — and it’s steep.

At 400% of the Federal Poverty Level (FPL), your subsidy disappears completely if your income is even $1 over.

• Married couple: $84,600 Modified Adjusted Gross Income (MAGI)
• Single: $56,300 MAGI

Go $1 over, and you lose ALL your ACA premium help.

Example
• A 60-year-old couple earning $95,000 a year currently pays around $675/month for health insurance.
• In 2026, that could jump to $1,950/month.
• That’s an increase of $15,300 per year — or $76,500 over five years before Medicare eligibility.

That kind of spike can derail even a well-built retirement plan.

What to do now?

1. Know your MAGI for 2026.
Not your spending. Not your portfolio size. Your Modified Adjusted Gross Income.
See where you land relative to the cliff.

2. Measure your “cliff distance.”
Model premiums with and without subsidies.
Plan for the worst case — even small income changes can push you over.

3. Tune your levers.
Review withdrawals, Roth conversions, and Social Security timing.
This is not a set-it-and-forget-it situation.

4. Create a backup plan.
If premiums rise $10k–$15k per year, where does that money come from? What gets cut from your budget?

07/04/2025

Key Individual Tax Changes Under "Big, Beautiful Bill"

Current Tax Law:

Top Tax Rate for Individuals: 37%

Standard Deduction: $15,000 single; or $30,000 married filing jointly

Bonus Deduction (65+): $2,000 single; or $3,600 married filing jointly

"SALT" Deduction: $10,000 limit

Child Tax Credit: Max credit of $2,000 per child

Non-Itemized Deduction for Charitable Contributions: None

Deduction for Tip Income: None

Deduction for Overtime Pay: None

Deduction for auto Interest: None

Tax on Social Security Income: Up to 85% taxable

Estate/Gift Tax Exemption Equivalent
$13.99 million single; or $27.98 million married (for 2025)

"Big, Beautiful Bill":

Top Tax Rate for Individuals: 37% (No Change)

Standard Deduction: $15,750 single; or $31,500 married filing jointly

Bonus Deduction (65+):
$6,000 single; or $12,000 for married filing jointly (2025-2028) (with income limits)

"SALT" Deduction:
$40,000 limit for 2025; then increases by 1% per year through 2029, then reverts back to $10,000 in 2030

Child Tax Credit: Max credit of $2,200 per child

Non-Itemized Deduction for Charitable Contributions:
Above the line deduction of $1,000 single; or $2,000 married filing jointly (made permanent)

Deduction for Tip Income:
Deduct up to $25,000 per year through 2028

Deduction for Overtime Pay:
Deduct up to $12,500 per year through 2028

Deduction for auto interest:
Up to $10,000 deduction on new auto loans (2025-2028)

Tax on Social Security:
Up to 85% taxable (No Change)

Estate/Gift Tax Exemption Equivalent:
$15 million single; or $30 million married (starts in 2026)

04/19/2025

Some Social Security beneficiaries will be getting higher benefit payments this month (April 2025) as a recently-passed law kicks in for public sector workers whose benefits had been reduced in the past.

The Social Security Fairness Act, signed into law in January by President Joe Biden, eliminated the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). Those measures reduced or prevented Social Security benefits for more than 3.2 million people with a pension and whose past work wasn't subject to Social Security taxes. Affected recipients include police officers, firefighters, postal workers and public school teachers.

The Social Security Administration began sending payments in February and by March 5 had paid more than 1.1 million people more than $7.5 million in retroactive payments. The average amount of the retroactive payment is $6,710. As of April 11, the SSA had processed 81% of the retroactive payment adjustments, for 2.3 million recipients.

03/22/2025

FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies

WASHINGTON––Consistent with the U.S. Department of the Treasury’s March 2, 2025 announcement, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that removes the requirement for U.S. companies and U.S. persons to report beneficial ownership information (BOI) to FinCEN under the Corporate Transparency Act.

In that interim final rule, FinCEN revises the definition of “reporting company” in its implementing regulations to mean only those entities that are formed under the law of a foreign country and that have registered to do business in any U.S. State or Tribal jurisdiction by the filing of a document with a secretary of state or similar office (formerly known as “foreign reporting companies”). FinCEN also exempts entities previously known as “domestic reporting companies” from BOI reporting requirements.

Thus, through this interim final rule, all entities created in the United States — including those previously known as “domestic reporting companies” — and their beneficial owners will be exempt from the requirement to report BOI to FinCEN. Foreign entities that meet the new definition of a “reporting company” and do not qualify for an exemption from the reporting requirements must report their BOI to FinCEN under new deadlines. These foreign entities, however, will not be required to report any U.S. persons as beneficial owners, and U.S. persons will not be required to report BOI with respect to any such entity for which they are a beneficial owner.

02/28/2025

FinCEN Not Issuing Fines or Penalties in Connection with Beneficial Ownership Information Reporting Deadlines

February 27, 2025

WASHINGTON––Today, FinCEN announced that it will not issue any fines or penalties or take any other enforcement actions against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines. No fines or penalties will be issued, and no enforcement actions will be taken, until a forthcoming interim final rule becomes effective and the new relevant due dates in the interim final rule have passed. This announcement continues Treasury’s commitment to reducing regulatory burden on businesses, as well as prioritizing under the Corporate Transparency Act reporting of BOI for those entities that pose the most significant law enforcement and national security risks.

No later than March 21, 2025, FinCEN intends to issue an interim final rule that extends BOI reporting deadlines, recognizing the need to provide new guidance and clarity as quickly as possible, while ensuring that BOI that is highly useful to important national security, intelligence, and law enforcement activities is reported.

FinCEN also intends to solicit public comment on potential revisions to existing BOI reporting requirements. FinCEN will consider those comments as part of a notice of proposed rulemaking anticipated to be issued later this year to minimize burden on small businesses while ensuring that BOI is highly useful to important national security, intelligence, and law enforcement activities, as well to determine what, if any, modifications to the deadlines referenced here should be considered.

02/20/2025

Corporate Transparency Act Reporting Requirements Back in Effect with Extended Reporting Deadline; FinCEN Announces Intention to Revise Reporting Rule

Following the February 18, 2025, decision by the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et al., 6:24-cv-00336, the Financial Crimes Enforcement Network (FinCEN) has announced that beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act are back in effect, with a new deadline of March 21, 2025 for most companies. Newly formed companies after February 20, 2025 will have 30 days from formation to file. Existing companies that modify beneficial owners or addresses or any other information after February 20, 2025 have 30 days to file an amendment as the rules apparently currently read.

FinCEN has also announced that it will assess its options to further modify deadlines, while prioritizing reporting for those entities that pose the most significant national security risks. FinCEN intends to initiate a process this year to revise the BOI reporting rule to reduce burden for lower-risk entities, including many U.S. small businesses.

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