Businesses get boost with 100-percent bonus depreciation and Code Sec. 179 expensing

Businesses will benefit from a number of extended and enhanced tax breaks under the recently enacted Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (2010 Tax Relief Act). The 2010 Tax Relief Act boosts 50-percent bonus depreciation to 100 percent through 2011 and provides increased Code Sec. 179 expensing in 2012.

100 percent bonus depreciation

The 2010 Tax Relief Act benefits businesses by increasing 50-percent bonus depreciation to 100-percent for qualified investments made after September 8, 2010 and before January 1, 2012 (before January 1, 2013 for certain longer-lived and transportation property). Thus, businesses that bought qualifying property after September 8, 2010 but before December 17, 2010 (the date of enactment of the 2010 Tax Relief Act) in anticipation of using 50-percent bonus depreciation received a welcome surprise as they will benefit from 100-percent bonus depreciation.

This provision is especially beneficial for businesses because bonus depreciation, unlike Code Sec. 179 expensing, is not limited to smaller companies, or capped at a certain dollar level. However, only new property qualifies for the 100-percent bonus depreciation (unlike Code Sec. 179 expensing, which can be claimed for both new and used property).

Example. In January 2011, Big Co., a calendar year business, buys $1 million of qualifying property eligible for the 100-percent bonus depreciation deduction. Under the 2010 Tax Relief Act's enhanced 100-percent bonus depreciation provision, Big Co. will be able to claim a $1 million depreciation deduction for the property on its 2011 tax return.

Post-2011 depreciation

Although enhanced 100-percent bonus depreciation is not extended into 2012, the new law does provide 50-percent bonus depreciation for qualified property placed in service after December 31, 2011 and before January 1, 2013.

Option to take refundable credits in lieu of bonus depreciation

The American Recovery and Reinvestment Act of 2009 (2009 Recovery Act) provided that a corporation otherwise eligible for additional first-year depreciation may elect to claim additional research or minimum tax credits in lieu of claiming depreciation for qualified property placed in service after March 31, 2008 and before December 31, 2008. The 2010 Tax Relief Act generally extends similar treatment for two years, through December 31, 2012.

Code Section 179 expensing

Over the years, Congress has repeatedly increased dollar and investment limits under Code Sec. 179 to encourage spending by businesses. For tax years beginning in 2010 and 2011, the 2010 Small Business Jobs Act increased the Code Sec. 179 dollar and investment limits to $500,000 and $2 million, respectively. For tax years beginning in 2012, the new law provides for a $125,000 dollar limit and a $500,000 investment limit (both indexed for inflation). Without this provision, the dollar and investment limits would have reverted to $25,000 and $200,000 respectively for tax years beginning after 2011. Amounts that are not eligible for expensing due to excess investments can not be carried forward and expensed in a later year; they may only be recovered through depreciation.

Off-the-shelf computer software. The 2010 Tax Relief Act also provides that off-the-shelf computer software qualifies as eligible property for Code Sec. 179 expensing. The software must be "placed in service" (used) in a tax year beginning before 2013.

If you have any questions about these two business incentives under the 2010 Tax Relief Act, please call our office.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

2010 Tax Relief Act extends lucrative tax breaks for families through 2012

Congress not only extended the current, lower individual income tax rates through 2012 in the recently enacted Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (2010 Tax Relief Act); it also extended a number of beneficial tax breaks for families and individuals. Through 2012, the law extended significant tax incentives for education, children, and energy-saving home improvements.

Individual Tax Rates

The 2010 Tax Relief Act extends all of the current lower individual tax rates across the board, for all taxpayers, at 10, 15, 25, 28, 33, and 35 percent for two years, through 2012. In addition, under the new law the size of the 15 percent tax bracket for married couples filing jointly and surviving spouses remains double that of the 15 percent tax bracket for individual filers, thus continuing to provide "marriage penalty" relief.

State and local sales tax deduction. Congress also extended the deduction for state and local sales taxes in lieu of the state and local income tax deduction through 2011.

More marriage penalty relief

In addition to expanding the 15 percent income tax rate bracket, the 2010 Tax Relief Act also maintains the increased basic standard deduction for joint filers. Through 2012, the standard deduction for married taxpayers filing a joint return (and surviving spouses) is twice the basic standard deduction amount for single individuals. For example, the standard deduction for individuals for 2011 is $5,800; for married taxpayers filing jointly, the standard deduction for 2011 will be $11,600.

No personal exemption phaseout

Higher-income individuals and families will also benefit from the ability to claim an unreduced personal exemption. Before 2010, taxpayers with income over certain amounts were subject to phaseout of their personal exemption. However, under the 2010 Tax Relief Act, personal exemptions are not reduced, for an additional two years through 2012.

Expanded child tax credit

The 2010 Tax Relief Act extends the $1,000 child tax credit for two years, through December 31, 2012. The child tax credit can be claimed for each qualifying child under age 17 (at the close of the year) that the taxpayer can claim as a dependent. However, the amount of the credit is reduced as a taxpayer's income increases. The credit is reduced (but not below zero) by $50 for each $1,000 of modified adjusted gross income (AGI) above $110,000 for joint filers and above $75,000 for others. The new law also extends other enhancements to the credit, including the ability to offset both the regular tax and alternative minimum tax.

Expanded earned income tax credit

The 2010 Tax Relief Act extends the enhanced earned income tax credit (EITC) for two years, through 2012. The new law also simplifies computation of the EITC.

Adoption credit

Through 2012, the new law expands the adoption credit and the exclusion from income for employer-provided adoption assistance. However, the new law does not extend certain changes made by the Patient Protection and Affordable Care Act of 2010 (PPACA) for 2010 and 2011. Therefore, the credit is not refundable after 2011 and the additional $1,000 under the PPACA is not available after 2011. For 2012, the maximum credit therefore is $12,170 (indexed for inflation after 2010) and is phased out ratably for taxpayers with modified AGI over $182,520.

Dependent care credit

The 2010 Tax Relief Act extends the enhanced dependent care credit for two years, through 2012. A taxpayer who incurs expenses to care for a child under age 13 or for an incapacitated dependent or spouse, in order to enable the taxpayer to work or look for work, is eligible to claim the dependent care credit. The maximum expenses that can be claimed through 2012 are $3,000 for one qualifying individual and $6,000 for more than one qualifying individual. Additionally, the maximum credit rate is 35 percent. Thus, for 2010, the maximum dependent care credit is $1,050 (35 percent of up to $3,000 of eligible expenses) for one qualifying individual and $2,100 for more than one qualifying individual (35 percent of up to $6,000 of qualified eligible expenses).

Tax breaks for education

The 2010 Tax Relief Act extends a number of tax incentives to help defray the costs of education. The new law extends the American Opportunity Tax Credit (AOTC), the student loan interest deduction, the exclusion from income for employer-provided assistance, and more. The AOTC, which is 40 percent refundable, can be claimed for expenses incurred for the first four years of a student's post-secondary education. The credit equals 100 percent of the first $2,000 of qualified higher education tuition and related expenses (including course materials), and 25 percent of the next $2,000 of expenses. In effect, a maximum credit of $2,500 a year can be claimed for each eligible student.

Through 2012, employees who receive educational assistance from their employer can continue to exclude up to $5,250 in employer-provided educational assistance from their income and employment taxes. Graduate school tuition also qualifies for the exclusion.

Taxpayers will also continue to benefit from the $2,500 above-the-line student loan interest deduction through 2012. The new law also expanded the modified AGI range for the phaseout of the deduction. For 2010, for instance, the deduction phases out ratably for taxpayers with modified AGI between $60,000 and $75,000 ($120,000 and $150,000 for joint filers).

Coverdell education savings accounts (ESAs) provide taxpayers with another mechanism to save for education. The 2010 Tax Relief Act enables taxpayers to continue to contribute up to $2,000 a year to a Coverdell ESA for beneficiaries under age 18 (as well as special needs beneficiaries of any age). In addition to higher education expenses, Coverdell ESAs can be used to pay for elementary and secondary education expenses through 2012. However, the amount that can be contributed is subject to income phaseouts.

Incentives for energy-efficient improvements

The 2010 Tax Relief Act also rewards individuals and families who make energy-saving improvements to their home. For example, the new law extends through 2011 (only one year) the popular Code Sec. 25C tax credit, which provides a credit for expenses for qualified energy efficiency improvements and property, such as furnaces, water heaters, insulation materials, exterior windows, skylights, doors, and other items.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

FAQ: Does filing my tax return early make sense?

Although individual income tax returns don't have to be filed until April 15, taxpayers who file early get their refunds a lot sooner. The IRS begins accepting returns in January but does not starting processing returns until February. Determining whether to file early depends on various personal and financial considerations. Filing early to somehow fly under the IRS's audit radar, however, has been ruled out by experts as a viable strategy.

Required documents

Filing a return early may not be practical for many taxpayers because they do not yet have enough information to accurately fill out their return. If you have not received information returns, like Forms 1099 or Schedule K-1, or if you are missing documents or other information you need to complete your return, it may be difficult, if not impossible, to accurately prepare your tax return. For example, employers do not have to provide wage statements to their employees until January 31 (although an employer can provide Form W-2 sooner if an employee terminates employment). The IRS requires this statement to be attached to your return (either in paper form or electronically when filing online).

Information returns also do not have to be furnished until January 31. These include, among others, the forms for dividends, interest income, royalty income (Form 1099-MISC), stock sales (Form 1099-B), real estate sales (Form 1099-S), state tax refunds (Form 1099-G), mortgage interest paid (Form 1098), and distributions from pension plans (Form 1099-R). Waiting until you receive all the information needed to complete your return accurately also lessens your chances of making mistakes, which can call attention to your return by the IRS. The IRS will not process your return electronically until it is accurate.

Last year's return

You'll also want to take a look at your 2009 tax return. Did your circumstances change in 2010? Changes such as starting a new job, retiring, getting married, having a child, and so on, have important tax consequences. Congress extended, enhanced and created new tax incentives in 2010 under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Relief Act) that could generate a larger refund. Another important consideration is the current economic downturn, which may have generated significant tax losses in many investment portfolios.

Refunds

If you have all the information you need to completely and accurately fill out your tax return, and you are owed a refund, filing early is attractive. The sooner you file, the sooner you'll see your refund check from the IRS. If you file your return electronically and choose to have your refund directly deposited into your bank account, the IRS typically will issue your refund in as few as 10 days.

If you owe money, however, you may want to wait until April 15 to file. Alternatively, you can file early online and date your tax payment to be released on April 15. If you have the funds to pay what you owe and you pay early, you could lose out on keeping the money invested and earning interest until April 15.

Also remember, no matter how early you file your return, the three-year statute of limitations during which the IRS can question your return and assess more tax doesn't start to run until April 15. Please contact our office if you have any questions about filing early.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

How Do I? Implement the 2011 payroll tax cut for employees?

In 2011, millions of employees will receive a significant boost in their take-home pay as a result of the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (2010 Tax Relief Act) enacted December 17. In addition to maintaining the current lower individual income tax rates, the 2010 Tax Relief Act reduces the employee's share of the OASDI portion of Social Security two percentage points, from 6.2 percent to 4.2 percent, for wages earned during the 2011 calendar year, up to the taxable wage base of $106,800. Many workers can expect to see an average tax savings of more than $1,000 as a result of this payroll tax cut. Moreover, the payroll tax reduction is available to all wage earners irrespective of income level, with no phaseout. In effect, individuals earning at or above the OASDI cap of $106,800 will receive $2,136 in tax savings in 2011.

The employer's share of OASDI, however, remains at 6.2 percent. As a result of this payroll tax "holiday" for employees, employers will need to implement the 2011 cut in payroll taxes, in addition to new income-tax withholding tables that employers will use in 2011.

Withholding and adjustments

It is the responsibility of employers and payroll companies to handle the new payroll tax cut under the 2010 Tax Relief Act. Employees do not have to take any action regarding the payroll tax cut. For example, employees will not need to complete a new W-4 withholding form.

Employers should begin to use the new withholding tables released by the IRS (2011 Percentage Method Tables) to implement the 4.2 percent employee tax rate as soon as possible, and in any event, no later that January 31, 2011.

After implementing the new 4.2 percent rate, employers will need to make any offsetting adjustments to subsequent pay periods in order to correct for any over-withholding. For any Social Security tax that is over-withheld in January, an offsetting adjustment to an employee's pay should be made as soon as possible, but no later than March 31, 2011, the IRS advises.

Self-Employed individuals

Self-employed individuals would pay 10.4 percent on self-employment income up to the threshold. Under the 2010 Tax Relief Act, self-employed persons would calculate the deduction for employment taxes without regard to the temporary rate reduction (that is, one half of 15.3 percent of self-employment income). On the other hand, however, the new law provides an enhanced percentage representing the employer portion of the reduction.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

Congress passes 2010 Tax Relief Act; provides individual, business, and estate tax relief across the board

On December 17, 2010 President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (2010 Tax Relief Act). This sweeping new tax law includes a two-year extension of the Bush-era tax cuts, including extension of the current, lower individual tax rates and capital gains/dividend tax rates. The new tax law - the largest in over ten years - also includes a temporary estate tax compromise, as well as the extension of many popular individual and business tax incentives, an alternative minimum tax (AMT) "patch" for 2010 and 2011, 100 percent bonus depreciation for businesses, and more. The much-anticipated legislation provides tax relief to taxpayers across-the-board. Here is a review of the 2010 Tax 

Relief Act's major provisions:

Individuals

Income tax rates. Among the most valuable tax breaks for individuals in the new law is a two-year extension of individual income tax rate reductions. The new law retains the current 10, 15, 25, 28, 33, and 35 percent individual tax rates for two years, through December 31, 2012. If Congress had not passed this extension, the individual tax rates would have jumped significantly for all income levels.

The new law also extends the full repeal of the limitation on itemized deductions and the personal exemption phaseout for higher-income taxpayers, through December 31, 2012.

Capital gains/dividends. The new law extends reduced capital gains and dividend tax rates for two years, through December 31, 2012. For 2011 and 2012, individuals in the 10 and 15 percent rate brackets can continue to take advantage of a zero percent capital gains and dividend tax rate. Individuals in higher rate brackets will enjoy a maximum tax rate of 15 percent on capital gains and dividends, as opposed to a 20 percent rate on capital gains and ordinary income tax rates on dividends.

Marriage penalty relief. Married couples filing jointly will benefit from provisions designed to provide relief from the marriage penalty. For 2010, the standard deduction for a married couple filing a joint return is twice the single taxpayer's amount. The 2010 Tax Relief Act extends the increased standard deduction for married taxpayers for two years, through December 31, 2012. The 2010 Tax Relief Act extends the expanded 15 percent rate bracket for married couples filing a joint return for two years, through December 31, 2012.

Payroll tax cut. The new law provides a payroll tax cut for employees. Effective for calendar year 2011, the employee share of the OASDI portion of Social Security taxes is reduced from 6.2 percent to 4.2 percent, up to the taxable wage base of $106,800. Self-employed individuals will get an equivalent tax break, paying 10.4 percent on self-employment income up to the wage base (reduced from the normal 12.4 percent rate). The payroll tax cut replaces the Making Work Pay credit that has been in place for 2009 and 2010, but generally offers a much higher benefit. Unlike the Making Work Pay credit, the payroll tax cut does not exclude individuals based on their earnings. Thus the payroll tax cut can provide significantly higher benefits -- a maximum payroll tax reduction of $2,136 on wages, compared to a maximum $800 Making Work Pay credit for married couples filing jointly and $400 for unmarried individuals.

AMT patch. The new law provides an AMT "patch" for 2010 as well as 2011 at higher exemption amounts. The 2010 Tax Relief Act raises the exemption amounts for 2010 to $47,450 for individuals, $72,450 for married taxpayers filing joint returns, and $36,225 for married taxpayers filing separately. For 2011, the amounts are increased to $48,450 for individuals, $74,450 for married taxpayers filing jointly, and $37,225 for married taxpayers filing separately.

More incentives. Along with all these incentives, the new law extends many popular but temporary tax breaks. Extended for 2011 and 2012 are:

• $1,000 child tax credit;
• Enhanced earned income tax credit;
• Adoption credit with modifications;
• The enhanced dependent care credit; and
• Deduction for certain mortgage insurance premiums.

The new law also extends retroactively some other valuable tax incentives for individuals that expired at the end of 2009. These incentives are extended for 2010 and 2011 and include:

• State and local sales tax deduction;
• Teacher's classroom expense deduction;
• Charitable contributions of IRA proceeds; and
• Charitable contributions of appreciated property for conservation purposes.

Businesses

Bonus depreciation. Businesses can use bonus depreciation to immediately write off a percentage of the cost of depreciable property. The new law provides 100 percent bonus depreciation for qualified investments made after September 8, 2010 and before January 1, 2012. It also continues bonus depreciation, albeit at 50 percent, on property placed in service after December 31, 2011 and before January 1, 2013. There are special rules for certain longer-lived and transportation property. Additionally, certain taxpayers may claim refundable credits in lieu of bonus depreciation.

Code Sec. 179 expensing. Along with bonus depreciation, the new law also provides for enhanced Code Sec. 179 expensing for 2012. Under current law, the Code Sec. 179 dollar and investment limits are $500,000 and $2 million, respectively, for tax years beginning in 2010 and 2011. The new law provides for a $125,000 dollar limit (indexed for inflation) and a $500,000 investment limit (indexed for inflation) for tax years beginning in 2012 (but not after). Otherwise, those caps would have dropped to a $25,000/$200,000 level.

Research credit. Congress extended the research tax credit for two years, for 2010 and 2011.

More incentives. Other valuable business incentives in the new law include extensions of:

• 100 percent exclusion of gain from qualified small business stock;
• Transit benefits parity;
• Work Opportunity Tax Credit (with modifications);
• New Markets Tax Credit (with modifications);
• Differential wage credit;
• Brownfields remediation;
• Active financing exception/look-through treatment for CFCs;
• Tax incentives for empowerment zones; and
• Special rules for charitable deductions by corporations and other businesses.

Energy Tax Breaks

Businesses. The new law extends some energy tax breaks for businesses. One of the most valuable energy incentives is the Code Sec. 1603 cash grant in lieu of tax credits. This incentive encourages the development of alternative energy sources, such as wind energy. Other business energy incentives extended by the new law include excise tax and other credits for alternative fuels, percentage depletion for oil and gas from marginal wells, and other targeted incentives.

Individuals. The new law also extends some popular energy tax incentives for individuals. Individuals who made energy efficiency improvements to their homes in 2009 or 2010 can benefit from the Code Sec. 25C energy tax credit, which rewards individuals who install energy efficient furnaces, add insulation, or make other similar improvements to reduce energy usage. The new law extends the credit through 2011 but reduces some of its benefits.

Education

The Tax Code includes a number of incentives to encourage individuals to save for education expenses. Many incentives are temporary and expired at the end of 2009, or were set to expire at the end of 2010. The new law extends for two years, through December 31, 2012, the following popular education tax breaks:

• The American Opportunity Tax Credit (previously the Hope education credit);
• Student loan interest deduction;
• Exclusion for employer-provided educational assistance;
• Enhanced Coverdell education savings accounts; and
• Special rules for certain scholarships.

The higher education tuition deduction was extended through 2011.

Estate and gift taxes

Beginning in 2011, the estate tax had been scheduled to revert to its pre-2001 levels of a 55 percent tax rate and a $1 million exclusion. For 2010, estates were subject to no federal estate tax but heirs had to take inherited property under a modified carryover tax basis regime.

Estate tax. The new law revives the estate tax through 2012, but at a reduced maximum estate tax rate of 35 percent and a $5 million exclusion. The revived estate tax applies to estates of decedents dying in 2011 and 2012. However, for 2010, the new law gives estates the option to apply the estate tax at the 35 percent/$5 million level, with a stepped-up basis, or to elect no estate tax but with modified carryover basis. The new law also allows "portability" between spouses of the maximum exclusion (for a combined $10 million benefit) and extends some other taxpayer-friendly provisions originally enacted in 2001.

This far-reaching tax package affects almost every taxpayer. Please contact our office if you have any questions on how you can start maximizing your savings within this sweeping $800 billion tax law.

Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.

Doeren Mayhew: January 2011 tax compliance calendar

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of January 2011.

January 7

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 1-4.

January 10

Employees who work for tips. Employees who received $20 or more in tips during December must report them to their employer using Form 4070.

January 12

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 5-7.

January 14

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 8-11.

January 18

Monthly depositors. Monthly depositors must deposit employment taxes for payments in December.

January 20

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 12-14.

January 21

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 15-18.

January 26

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 19-21.

January 28

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 22-25.

January 31

All employers. Deadline for all employers to provide employees with their copies of Form W-2 for 2010.

If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose. Certified public accountants and consulting firm located in Troy, Michigan. This data is distributed for informational purposes only, with the understanding that Doeren Mayhew is not rendering legal, accounting, or other professional advice.