Business
Tax Incentives & Opportunities under the
The
Economic Stimulus Act of 2008
Action
Required before 12/31/08!
Dear Clients and
Friends:
The Economic
Stimulus Act of 2008 (Stimulus Act), signed into law on February 13, 2008,
contains two important tax benefits for businesses: a temporary reinstatement
of bonus depreciation and an enhanced Section 179 deduction. For calendar year taxpayers these
benefits expire 12/31/08! Fiscal
year taxpayers should see the special rules discussed on pages 2 and 3. Briefly, the two tax benefits are:
·
50%
first-year bonus depreciation
for new qualifying assets that are purchased and placed in
service during calendar year 2008, including new autos used for
business. In addition, 50% first-year bonus depreciation can be claimed for
certain longer-lived new assets that are placed in service by 12/31/09.
·
$250,000
Section 179 deduction
($128,000 before the new law) for new or used qualifying assets
that are placed in service in tax years beginning in 2008. Under
the Section 179 deduction privilege, small and medium-sized businesses can
immediately depreciate most or all of the cost of qualifying new and used
assets in the year they are placed in service.
Bonus
Depreciation Makes a Comeback but Expires 12/31/08
The Stimulus Act
revives the 50% first-year bonus depreciation break for qualifying assets that
are both acquired and placed in service during calendar 2008. The placed-in-service deadline is extended
through 12/31/09 for certain longer-lived assets (see below).
Using the 50%
first-year bonus depreciation, your business can immediately write off 50% of
the cost of qualifying assets in the first year. The remaining cost can be
written off via regular depreciation deductions over the asset’s designated
recovery period. There is no business
income limitation as there is with Section 179 (discussed below), so bonus
depreciation can be used to create a Net Operating Loss. Bonus depreciation is automatic, however,
businesses may elect out if desired.
To be eligible
for 50% first-year bonus depreciation, an asset must be: (1) qualified property (2) purchased new
during calendar 2008 and (3) be placed in service by 12/31/08 (or by 12/31/09
for certain long-lived assets). The IRS
recently announced that it intends to issue more guidance on the 2008 bonus
depreciation that will allow taxpayers to rely on the existing old regulations.
Page
2 of 5
Qualified Property
To be qualified property, the asset must be new
and fit within one of the following definitions:
·
Property with a
depreciation recovery period of 20 years or less. This definition encompasses
most tangible personal property used in business. It also includes land improvements (such as sidewalks, docks, fencing and
billboards) and farm buildings.
·
Depreciable
"off-the-shelf" computer software that is not amortizable over
15 years as part of business acquisition.
"Off-the-shelf" software is defined as software that is readily available for
purchase by the general public
·
Water utility
property.
·
Qualified
leasehold improvement property (see below).
Only New
Assets Are Eligible
An asset is eligible for
50% first-year bonus depreciation only if its original use commences with
the taxpayer after 12/31/07. In other words, the asset must be
new. The additional cost incurred to
recondition or rebuild a used asset will apparently satisfy the original-use
requirement. The cost of the used asset itself generally will not satisfy the
requirement. However, old regulations provided a safe-harbor rule to determine
when an asset can be considered entirely new after substantial reconditioning
or rebuilding. According to the safe harbor, an asset that contains used parts
will be considered an entirely new asset if the cost of the used parts is 20%
or less of the total cost.
Special Rules
for Fiscal Year Taxpayers Only assets purchased and placed in
service between 1/1/08 and 12/31/08 are eligible for bonus
depreciation. For businesses whose
fiscal years ends in 2008, bonus depreciation may be claimed only on assets
acquired and placed in service from 1/1/08 through the end of that fiscal
year. The fiscal year filer will also
be able to claim 50% bonus depreciation on their returns for the fiscal year
ended in 2009, but only for assets acquired on or before 12/31/2008. The IRS has issued a new Form 4562-FY to
claim 50% bonus depreciation for assets acquired on or after 1/1/08.
Certain
Leasehold Improvement Costs Qualify
The 50% first-year bonus depreciation break
is available for the cost of “qualified leasehold improvement property.” To
meet this definition, all of the following tests must be passed.
·
The improvement
must be to the interior portion of a building.
·
The building
must be nonresidential real property.
·
The improvement
must be made pursuant to or under a lease by either the lessee (or sub lessee)
or the lessor to property that will be occupied exclusively by the lessee (or
sub lessee).
·
The improvement
must be placed in service more than three years after the date the building was
first placed in service.
Certain improvements are ineligible by definition. These include the following:
·
Expenditures to
enlarge a building.
·
Costs for any
elevator or escalator, any structural component benefiting a common area, and
any internal structural framework of a building.
·
Improvements
made pursuant to leases between certain related parties.
Chapin,
Owen & Sandstrom., PA, CPA's - Burtonsville, MD - (301) 421-1330
Page 3 of 5
Impact of Bonus Depreciation on New Passenger Autos and Light Trucks For a new passenger
auto subject to the dreaded "luxury auto" depreciation caps, bonus
depreciation increases the maximum first-year depreciation deduction by $8,000.
For new passenger autos acquired and placed in service in 2008, the maximum
first-year depreciation deduction is now $10,960 ($2,960 + $8,000).
For new light trucks acquired and placed in service in 2008, the maximum
first-year depreciation deduction is now $11,160 ($3,160 + $8,000). These amounts assume 100%
business use. The deduction will be
prorated based on business use. For
instance, if a light truck were used 80% for business, the maximum first-year depreciation
deduction would be only $8,928 (.80 × $11,160).
Caution: Passenger autos and light trucks used 50% or less for business must
generally be depreciated under the alternative depreciation system (ADS)
straight-line method rather than under the regular MACRS rules. Such autos are
therefore ineligible for bonus depreciation. Also, when bonus depreciation is
claimed and business use drops to 50% or less in a subsequent year, the bonus
depreciation amount is subject to recapture.
Exception for company provided vehicles:
Business use is considered to be 100% when the "value" of
personal use is included in a non-owner/employee's W-2 as compensation. For owners or partner/members, actual
business use must be greater than 50% and the "value" of personal use
must be included in the owner's compensation for business use to be considered
100%.
Enhanced
Section 179 Deductions for Tax Years Beginning in 2008
The Stimulus Act also significantly enhances the Section 179 instant depreciation deduction for tax years beginning in 2008. For calendar year taxpayers, only assets placed in service before 12/31/08 will qualify for the increased deduction.
The increased
limits are:
·
For tax
years beginning in 2008,
the maximum Section 179 deduction is increased to $250,000 (up
from $128,000 before the new law). For tax years beginning in 2009 and later,
the maximum deduction will revert back to $125,000 with inflation adjustments.
·
The deduction
is phased-out once the business’s purchases during the year exceed
$800,000 (up from $510,000 before the new law) for tax years beginning
in 2008. The increased phase-out
threshold means more businesses will be eligible for Section 179 deductions in
2008. For tax years beginning in 2009 and later, the phase-out threshold will
revert back to $500,000 with inflation adjustments.
Fiscal Year Taxpayers For fiscal year businesses, the increased Section 179 deduction and phase-out threshold do not take effect until the fiscal year beginning in 2008. For example, a business with a June 30 fiscal year will only be able to take the increased Section 179 deduction for assets placed in service from 7/1/08 to 6/30/09. You will want to time purchases accordingly.
Eligible Section 179 Property Section 179 applies to new and used assets. Most tangible personal property that is eligible for depreciation is eligible for Section 179. "Off-the-shelf" computer software is also eligible. Land improvements are generally not eligible for Section 179.
Business Income
Limitation for Section 179
Section 179
is deductible only to the extent of net taxable business income. It cannot be used to create a Net Operating
Loss. The excess over the limitation
can, however, be carried over to subsequent years when there is taxable income
to absorb the deduction.
Chapin,
Owen & Sandstrom., PA, CPA's - Burtonsville, MD - (301) 421-1330
Page 4 of 5
Combining Bonus
Depreciation and Section 179 on New Heavy SUVs
The maximum Section 179 deduction for heavy SUVs is limited to $25,000. However, combining the $25,000 Section 179 deduction with the new bonus depreciation break can lead to potent tax-saving results (on a $60,000 SUV, the first year write-offs can amount to 76% of cost). To qualify for both the Section 179 deduction and bonus depreciation, the SUV must be new, used 50% or more for business, and have a gross vehicle weight rating (GVWR) over 6,000 pounds. Be prepared to produce the appropriate required documentation to substantiate business use.
Coordination with
Other Depreciation Rules
The mid-quarter convention (instead of the
mid-year convention) is required to be used to calculate first-year
depreciation when more than 40% of the aggregate basis of the taxpayer’s
depreciable property additions (excluding most real property) is placed in
service during the last three months of the tax year. For this purpose,
however, the amount of basis deducted under IRC Sec. 179 is not counted. Thus,
a common general tax planning technique is to use the Section 179 privilege to
expense the cost of assets added during the last three months of the year in
order to fall beneath the 40% threshold and thereby avoid getting stuck with
the mid-quarter convention. This may
not always yield the best result if there is a concentration of assets placed
in service in the first or second quarter.
The full amount of basis for which bonus
depreciation is claimed must be counted for purposes of the 40% test. In other words, claiming bonus depreciation
won’t help avoid the mid-quarter convention.
Bonus depreciation
is claimed after reducing basis by the amount of any Section 179
deduction claimed for the same asset, but before calculating regular
MACRS depreciation for the same asset.
Extended
Placed-in-service Deadline for Longer-lived Assets.
The placed in service deadline for self-produced qualifying property
with a depreciation recovery period of 10 years or longer, certain
transportation property, and certain aircraft is extended to 12/31/09 (compared
to the general placed-in-service deadline of 12/31/08). Self-produced property must have a
production period of greater than one year and cost more than $1,000,000. Under
this extended placed-in-service rule, only the portion of costs that are
allocable to calendar 2008 are eligible for 50% first-year bonus depreciation.
Favorable Treatment Under AMT Rules
Bonus depreciation and
Section 179 apply for both regular and AMT purposes.
State Tax Treatment
The states will be all over the board as to whether they accept the 50% bonus depreciation and or the increased Section 179 deduction. Some will "decouple" completely from the federal rules. Last time around Virginia "decoupled" in the first year then decided to "recouple" later on.
Chapin,
Owen & Sandstrom., PA, CPA's - Burtonsville, MD - (301) 421-1330
Page 5 of 5
Getting
the Most from Both Tax Breaks
Under normal conditions
(i.e., where the goal is to minimize taxable income), the Section 179 deduction should be used first to
expense assets that are not eligible for bonus depreciation. That
maximizes the amount of basis can be written off immediately under the Section
179 rules and the bonus depreciation rules. For example, use as much of the Section
179 allowance as possible for used equipment additions
that are ineligible for bonus depreciation. Next, the Section
179 deduction should be used to expense assets with longer recovery
periods. Take Section 179 on assets purchased in the last quarter of the year
if it avoids the mid-quarter convention, as discussed above. Again, this maximizes the amount of basis
subject to a faster write-off. The bonus depreciation deduction then can be
claimed for the remaining basis (after subtracting the Section 179 deduction).
Fiscal-year taxpayers should pay close attention to the dates they acquire assets, since they can’t assume that all their new asset purchases that qualify for bonus depreciation will also qualify for Section 179 expensing (and vice versa) due to the different placed in service rules. These taxpayers should time 2008 purchases carefully to make sure they get the best result. For example, a taxpayer planning to acquire a large used asset (that never will qualify for bonus depreciation) might budget that acquisition for its fiscal-year beginning in 2008 (to take advantage of the $250,000 Section 179 expensing limit) and use its acquisitions budget for the fiscal year ending in 2008 for assets eligible for bonus depreciation.
FINAL COMMENTS AND CIRCULAR 230 DISCLOSURE
Tax law constantly changes due to new
legislation, technical corrections, cases, regulations and IRS rulings. Our firm strives to closely monitor these
changes and we will be glad to discuss any current tax developments and
planning ideas with you. Please contact
us if you have questions or want additional information.
The information
contained in this material represents a general overview of tax developments
and should not be relied upon without an independent, professional analysis of
how any of these provisions may apply to a specific situation.
Circular 230
Disclosure - Communications that may include tax advice: Any tax advice contained in the body of this
material was not intended or written to be used and cannot be used by the recipient
for the purpose of (1) avoiding penalties that may be imposed under the
Internal Revenue Code or applicable state or local tax law provisions, or (2)
promoting, marketing, or recommending to another party any transaction or
matter addressed herein.
Chapin, Owen & Sandstrom., PA, CPA's - Burtonsville, MD - (301) 421-1330