September/2010

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Greetings!     

     You may have heard that the long-stalled Small Business Jobs Act was enacted into law today.  Below are what we see as the major ramifications of this new legislation.  As always we are here to answer your specific questions.  After all... 
  
     We Get It. . . It's All About You
Tax Breaks p
 
  •  Effective for stock acquired at original issue after the date of enactment, the sale of certain small business stock held for more than five years is 100% excludable from gain.
  • For tax years beginning in 2010, eligible small businesses can carry back unused general business credits for five years. Eligible small businesses are those with $50 million or less in average annual gross receipts for the prior three years.
  •  The holding period of assets subject to the BIG tax, which applies to corporations converting from C to S status, is reduced to 5 years if the fifth tax year in the recognition period precedes the tax year beginning in 2011.
  • For tax years beginning in 2010 and 2011, the Code section 179 expensing limit is increased to $500,000 and the investment ceiling to $2,000,000.
  • The expensing election is extended to certain qualified real property, including qualified leasehold improvements, qualified restaurant property, and qualified retail improvement property. Up to $250,000 of qualified property is allowed to be expensed.
           
  • Bonus 50% first year depreciation is extended to property placed in service in 2010, and there are special provisions liberalizing these tax benefits for contractors subject to long-term contract accounting rules.
          
  • For tax years beginning in 2010, the deduction for startup expenses is increased to $10,000 from $5,000, and the phaseout threshold is increased to $60,000 from $50,000.
            
  • For tax years beginning in 2010 and before 1/1/2011, when calculating self-employment taxes, the deduction for health insurance costs can be taken into account (deducted) in computing net earnings from self-employment.
            
  • The controversial Code section 6707A penalty is revised to greatly curtail the penalty for failure to disclose a covered transaction to the tax benefit received from the transaction. The penalty is  now 75% of the tax benefit received, with a minimum penalty of $10,000 for corporations and $5,000 for individuals.
     
 Revenue Raisers 
  
 In keeping with the requirement to offset the cost of tax breaks with provisions that raise revenue, the following revenue raisers are included in the Act:
 
  • This one  actually provides a benefit in addition to raising revenue: distributions from 401(k) accounts can be rolled directly into the plan's designated Roth 401(k) account. Distributions have to otherwise be permitted under the plan, and the plan has to have a qualified designated Roth contribution program. The income on distributions made in 2010 can be deferred, half can be taxed in 2011, the rest in 2012.
      
  • Starting in 2011, landlords will have to issue a 1099 if they pay a service provider $600 or more in a year. Temporary rentals of principal residences are exempted, and the IRS may issue regulations easing the rules for properties with income below a certain amount.
      
 
 

 

Issue: 9
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 BPTW
Sincerely,
Purk & Associates