The Section 179 and Section 168(K) Expensing Allowances: Current Law and Economic Effects
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Depreciation Recovery Periods and Methods
Report to The Congress on Depreciation Recovery Periods and Methods Department of the Treasury July 2000 July 282000 The Honorable Bill Archer Chairman Committee on Ways and Means House of Representatives Washington, DC 205 15 Dear Mr. Chairman: Section 2022 of P.L. 105-277, the Tax and Trade Relief Extension Act of 1998 (the 1998 Act), directed the Secretary of the Treasury to conduct a comprehensive study of the recovery periods and depreciation methods under section 168 of the Internal Revenue Code and to provide recommendations for determining those periods in a more rational manner. The 1998 Act directed the Secretary to submit the results of the study and recommendations to the House Committee on Ways and Means and the Senate Finance Committee by March 3 1,200O. Pursuant to that directive, I hereby submit the “Report to the Congress on Depreciation Recovery Periods and Methods.” I am sending a similar letter to Senator William V. Roth, Jr., Chairman of the Committee on Finance, Senator Daniel P. Moynihan, and Representative Charles B. Rangel. Sincerely, Jonathan Talisman Acting Assistant Secretary Tax Policy Encl.osure L July 28,200O The Honorable William V. Roth, Jr. Chairman Committee on Finance United States Senate Washington, DC 205 10 Dear Mr. Chairman: Section 2022 of P.L. 105-277, the Tax and Trade Relief Extension Act of 1998 (the 1998 Act), directed the Secretary of the Treasury to conduct a comprehensive study of the recovery periods and depreciation methods under section 168 of the Internal Revenue Code and to provide recommendations for determining those periods in a more rational manner. -
Reemployment of Retired Members: Federal Tax Issues
MARYLAND STATE RETIREMENT AND PENSION SYSTEM REEMPLOYMENT OF RETIRED MEMBERS - FEDERAL TAX ISSUES There are two key tax issues related to the reemployment of individuals by the State or participating governmental units who are retirees of the Maryland State Retirement and Pension System: (1) the tax qualification of the plans under the Maryland State Retirement and Pension System; and (2) the possibility of the imposition of the 10% early distribution tax on benefits received by retirees. The following information is provided in order that State and participating employers may better understand the rules. 1. PLAN QUALIFICATION – A defined benefit retirement plan, such as the plans under the Maryland State Retirement and Pension Plan, must meet many requirements under the Internal Revenue Code in order to be a “qualified plan” under the Code and receive certain important tax advantages. One of those requirements provides that, in general, a member may not withdraw contributions made by the employer, or earnings on such contributions, before normal retirement, termination of employment, or termination of the plan. Rev. Rul. 74-254, 1974-1 C.B. 94. “Normal retirement age cannot be earlier than the earliest age that is reasonably representative of a typical retirement age for the covered workforce.” Prop. Treas. Reg. Sec. 1.401(a) – 1(b)(1)(i). A retirement age that is lower than 65 is permissible for a governmental plan if it reflects when employees typically retire and is not a subterfuge for permitting in-service distributions. PLR 200420030. Therefore, as a matter of plan qualification, retirement benefits may be paid to an employee who reaches “normal retirement age” once the employee retires and separates from service, and the reemployment of such a retiree by the same employer should not raise concerns regarding plan qualification. -
Sage Fixed Assets Depreciation Fundamentals 2017.1
Sage Fixed Assets Depreciation Fundamentals 2017.1 User guide January 2017 Last updated: December 19, 2016 © 2017 The Sage Group plc or its licensors. All rights reserved. Sage, Sage logos, and Sage product and service names mentioned herein are the trademarks of The Sage Group plc or its licensors. All other trademarks are the property of their respective owners. Sage End User License Agreement (EULA): http://na.sage.com/sage-na/eula Sage Fixed Assets Depreciation Fundamentals Contents Section 1:Introduction: Features and More Features... 1-i Section 1:Preface: Historical Overview 1-i A History of Depreciation . 1-vii Section I: Fundamentals of Depreciation I-1 What Are Fixed Assets? . I-1 Who May Claim Depreciation? . I-2 What Property May Be Depreciated? . I-2 Additional Expenditures . I-4 Financial Reporting . I-4 Elements of Depreciation . I-7 Tax Reporting . I-7 Type of Property . I-10 The Date Placed in Service . I-11 Estimated Useful Life . I-12 Depreciable Basis . I-12 Basis Used for Depreciation . I-12 Trade-ins and Basis . I-14 Miscellaneous Basis Issues . I-18 Multiple Depreciation Calculations: An Overview . I-19 Section II: Amortization II-1 Amortization of Property for Financial Reporting Purposes . II-2 Computer Software . II-2 Copyrights . II-3 Covenants-Not-To-Compete . II-3 Customer Lists . II-3 Easements . II-3 Franchises . II-4 Sage Fixed Assets - Depreciation Fundamentals Contents-1 Contents Goodwill . II-4 Leasehold Improvements . II-4 Organization Costs . II-4 Patents . II-5 Research and Development Costs . II-5 Trademarks and Trade Names . II-5 Amortization of Property for Tax Reporting Purposes . -
Tax Reform in the 113Th Congress: an Overview of Proposals
Tax Reform in the 113th Congress: An Overview of Proposals Molly F. Sherlock Specialist in Public Finance March 24, 2014 Congressional Research Service 7-5700 www.crs.gov R43060 Tax Reform in the 113th Congress: An Overview of Proposals Summary Many agree that the U.S. tax system is in need of substantial reforms. The 113th Congress continues to explore ways to make the U.S. tax system simpler, fairer, and more efficient. Identifying and enacting policies that will result in a simpler, fairer, and more efficient tax system remains a challenge. On February 26, 2014, House Ways and Means Committee Chairman Dave Camp released a comprehensive tax reform discussion draft, the Tax Reform Act of 2014. This draft proposes substantial changes to both the individual and corporate income tax systems, reducing statutory tax rates for many taxpayers, while repealing dozens of credits, deductions, and other tax preferences. The Tax Reform Act of 2014 builds on previously released discussion drafts related to international tax, financial products, and small business. Earlier in the 113th Congress, former Senate Finance Committee Chairman Max Baucus released several tax reform discussion drafts, addressing international tax, cost recovery, tax administration, and energy tax policy. Other legislation has been introduced in the 113th Congress that would fundamentally change the U.S. federal tax system. The Fair Tax Act of 2013 (H.R. 25/S. 122) would replace most current federal taxes with a 23% national retail sales tax. Other proposals would establish a flat tax, where individuals would be taxed on wages and businesses taxed on cash flows (see the Flat Tax Act (H.R. -
The Fairtax Treatment of Housing
A FairTaxsm White Paper The FairTax treatment of housing Advocates of tax reform share a common motivation: To iron out the mangled economic incentives resulting from statutory inequities and misguided social engineering that perversely cripple the American economy and the American people. Most importantly, ironing out the statutory inequities of the federal tax code need not harm homebuyers and homebuilders. The FairTax does more than do no harm. The FairTax encourages home ownership and homebuilding by placing all Americans and all businesses on equal footing – no loopholes, no exceptions. A specific analysis of the impact of the FairTax on the homebuilding industry/the housing market shows that the new homebuilding market would greatly benefit from enactment of the FairTax. The analysis necessarily centers upon two issues: (1) Whether the FairTax’s elimination of the home mortgage interest deduction (MID) adversely impacts the housing market (new and existing) in general, and home ownership and the homebuilding industry specifically; and (2) Whether the FairTax’s superficially disparate treatment of new vs. existing housing has an adverse impact on the market for new homes and homebuilding. The response to both of the above questions is no. Visceral opposition to the repeal of a “good loophole” such as the MID is understandable, absent a more thorough and empirical analysis of the impact of the FairTax vs. the MID on home ownership and the homebuilding industry. Such an analysis demonstrates that preserving the MID is the classic instance of a situation where the business community confuses support for particular businesses with support for enterprise in general. -
Traditional Individual Retirement Arrangements (Iras)
(6-2010) TRADITIONAL INDIVIDUAL RETIREMENT ARRANGEMENTS (Traditional IRAs) List of Required Modifications and Information Package (LRMs) (For use with prototype traditional IRAs intending to satisfy the requirements of Code § 408(a) or (b).) Material added since the 3-2002 LRMs is underlined. This information package contains samples of provisions that have been found to satisfy certain specific requirements of the Internal Revenue Code as amended through the Worker, Retiree, and Employer Recovery Act of 2008 (“WRERA”), Pub. L. 110-458. Such language may or may not be acceptable in specific IRAs, depending on the context. We have prepared this package to assist sponsors who are drafting IRAs. To expedite the review process, sponsors are encouraged to use the language contained in this package. Part A, provisions 1-12, applies to individual retirement accounts under Code § 408(a). Part B, provisions 13-22, applies to individual retirement annuities under § 408(b). ________________________________________________________________ PART A: ACCOUNTS - Trust or custodial accounts under Code § 408(a). (1) Statement of Requirement: The IRA is organized and operated for the exclusive benefit of the individual, Code § 408(a). Sample Language: The account is established for the exclusive benefit of the individual or his or her beneficiaries. If this is an inherited IRA within the meaning of Code § 408(d)(3)(C) maintained for the benefit of a designated beneficiary of a deceased individual, references in this document to the “individual” are to the deceased individual. (2) Statement of Requirement: Maximum permissible annual contribution and restrictions on kinds of contributions, Code §§ 72(t)(2)(G), 219(b), 408(a)(1), 408(d)(3)(C), 408(d)(3)(G), 1 408(p)(1)(B) and 408(p)(2)(A)(iv). -
Section 501 on the Ground That All of Its Profits Are Payable to One Or More Organizations Exempt from Taxation Under Section 501
F. IRC 502 - FEEDER ORGANIZATIONS 1. Introduction An organization described in IRC 502 does not qualify for exemption under any paragraph of IRC 501(c). The purpose of this article is to discuss some of the basic issues presented by IRC 502, to explain how it should be interpreted and applied, and to consider the amount of unrelated business activity that an exempt charitable organization may engage in. IRC 502 provides that an organization operated for the primary purpose of carrying on a trade or business for profit shall not be exempt under IRC 501 on the ground that all of its profits are payable to one or more organizations exempt under IRC 501. 2. Purpose of Feeder Provisions A brief consideration of the reasons for the enactment of IRC 502 provides some insight as to how it should be interpreted. There was growing concern, particularly after World War II, about the increasing amount of business activities carried on by exempt organizations, particularly, charitable organizations. In a series of cases involving taxable years prior to 1951, certain organizations popularly called "feeder organizations" were held exempt from federal income tax under the predecessor to IRC 501(c)(3), even though their sole activity was engaging in commercial business, and the only basis for exemption was the fact their profits were payable to specified exempt organizations. See Roche's Beach, Inc. v. Commissioner, 96 F. 2d 776 (1938); C. F. Mueller Company v. Commissioner, 190 F. 2d 120 (1951). The courts held that the exclusive purpose required by the statute was met when the only object of the organization was religious, scientific, charitable, or educational, without regard to the method of obtaining funds necessary to effectuate the objective. -
Home Workers and the Debate Over "Who's a Statutory Employee" Under the Internal Revenue Code
HOME WORKERS AND THE DEBATE OVER "WHO'S A STATUTORY EMPLOYEE" UNDER THE INTERNAL REVENUE CODE ROBERT \V VVOOD ANI) CIlIUSTOPIiER A. KARACIIALE ifferent governmental agencies use different tests for determining who is <1n D employee and who is not. The Internal Revenue Service (IRS) typically uses one test,' the Department of Labor and many employment statutes use another,2 and most state unemployment insurance authorities use another stil\.3 This creates ROBERT W. WOOD CHRISTOPHER A. /?OIlERT W WOOD I'UACT/CI,S KARACHALE a great deal of confusion about what should be a relatively simple question-is a LAW WITH WOOD & POUTEU CIIIUSTOPIIEU KAUACHALE IN SAN FUANCISCO (WWW. /S ,IN ASSOCIATE AT Woov & worker an employee or an independent contractor' WOO DPOUTFU.COM) ANI) IS POUTFU IN SAN FUANCISCO. THE AUTllOU OF TAXATION HI-"Af)VISES INDIVI DUALS AND The test for employee status generally used by the IRS looks to the employer's OF DAMAGE AWAIU)S ANI) IJUSINI;'SS ENTI'I'IESONAHROAD behavioral and financial controls over the worker, as well as the relationship between SETTLEMENT PAYMENTS (4T/-1 IIANGE OF TAX PUNNING AND ED. TAX INSTITUTE, 2009) TAX CONTROVEUSY MATTERS, the parties. This "twenty-factor test" is an uncodified,amorphous, facts and circum AND QUAIIFIFD SETTLEMENT INCI UDING TI-"'" TAXATION FUNDS AND SECTION 468/l OF I),IMAGE AI,VAIIVS AND stances test that, like many of the other tests, tends to provide uneven results. Never (TAX INSTI TUTE, 2009), DEFEUllliD COMPENS ATION, HOTH AVA/tABLE AT WWW. INIJHPFNVJ:NT C:ONTR ACTOU theless, for more than 50 years, the Internal Revenue Code has contained a narrowly TAX1NS TITUTE.COM. -
An Overview of Recent Tax Reform Proposals
An Overview of Recent Tax Reform Proposals Mark P. Keightley Specialist in Economics February 28, 2017 Congressional Research Service 7-5700 www.crs.gov R44771 An Overview of Recent Tax Reform Proposals Summary Many agree that the U.S. tax system is in need of reform. Congress continues to explore ways to make the U.S. tax system simpler, fairer, and more efficient. In doing so, lawmakers confront challenges in identifying and enacting policies, including consideration of competing proposals and differing priorities. To assist Congress as it continues to debate the intricacies of tax reform, this report provides a review of legislative tax reform proposals introduced since the 113th Congress. Although no comprehensive tax reforms have been introduced into legislation yet in the 115th Congress, two 2016 reform proposals appear to be at the forefront of current congressional debates—the House GOP’s “A Better Way” tax reform proposal, released in June 2016, and President Trump’s campaign reform proposal, released in September 2016. As with most recent tax reform proposals, both of these plans call for lower tax rates coupled with a broader tax base. In either case, numerous technical details would need to be addressed before either plan could be formulated into legislation. Several proposals have already been introduced in the 115th Congress to replace the current income tax system. The Fair Tax Act of 2017 (H.R. 25/S. 18) would repeal the individual income tax, the corporate income tax, all payroll taxes, the self-employment tax, and the estate and gift taxes. These taxes would be effectively replaced with a 23% (tax-inclusive, meaning that the rate is a proportion of the after-tax rather than the pre-tax value) national retail sales tax. -
Form 4506-C, IVES Request for Transcript of Tax Return
Department of the Treasury - Internal Revenue Service Form 4506-C OMB Number (September 2020) IVES Request for Transcript of Tax Return 1545-1872 ▶ Do not sign this form unless all applicable lines have been completed. ▶ Request may be rejected if the form is incomplete or illegible. ▶ For more information about Form 4506-C, visit www.irs.gov and search IVES. 1a. Name shown on tax return (if a joint return, enter the name shown 1b. First social security number on tax return, individual taxpayer identification first) number, or employer identification number (see instructions) 2a. If a joint return, enter spouse’s name shown on tax return 2b. Second social security number or individual taxpayer identification number if joint tax return 3. Current name, address (including apt., room, or suite no.), city, state, and ZIP code (see instructions) 4. Previous address shown on the last return filed if different from line 3 (see instructions) 5a. IVES participant name, address, and SOR mailbox ID 5b. Customer file number (if applicable) (see instructions) Caution: This tax transcript is being sent to the third party entered on Line 5a. Ensure that lines 5 through 8 are completed before signing. (see instructions) 6. Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request a. Return Transcript, which includes most of the line items of a tax return as filed with the IRS. A tax return transcript does not reflect changes made to the account after the return is processed. -
Additional First-Year Depreciation Allowance. 40.60(1) Assets Acquired After September 10, 2001, but Before May 6, 2003
IAC Ch 40, p.1 701—40.60 (422) Additional first-year depreciation allowance. 40.60(1) Assets acquired after September 10, 2001, but before May 6, 2003. For tax periods ending after September 10, 2001, but beginning before May 6, 2003, the additional first-year depreciation allowance (“bonus depreciation”) of 30 percent authorized in Section 168(k) of the Internal Revenue Code, as enacted by Public Law No. 107-147, Section 101, does not apply for Iowa individual income tax. Taxpayers who claim the bonus depreciation on their federal income tax return must add the total amount of depreciation claimed on assets acquired after September 10, 2001, but before May 6, 2003, and subtract the amount of depreciation taken on such property using the modified accelerated cost recovery system (MACRS) depreciation method applicable under Section 168 of the Internal Revenue Code without regard to Section 168(k). If any such property was sold or disposed of during the tax year, the applicable depreciation catch-up adjustment must be made to adjust the basis of the property for Iowa tax purposes. The gain or loss reported on the sale or disposition of these assets for federal tax purposes must be adjusted for Iowa tax purposes to account for the adjusted basis of assets. The adjustment for both depreciation and the gain or loss on the sale of qualifying assets acquired after September 10, 2001, but before May 6, 2003, can be calculated on Form IA 4562A. See 701—subrule 53.22(1) for examples illustrating how this subrule is applied. -
Page 3158 TITLE 26—INTERNAL REVENUE CODE § 6101
§ 6101 TITLE 26—INTERNAL REVENUE CODE Page 3158 6107. Tax return preparer must furnish copy of re- (Aug. 16, 1954, ch. 736, 68A Stat. 753; Pub. L. turn to taxpayer and must retain a copy or 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 list. Stat. 1834.) 6108. Publication of statistics of income.2 6109. Identifying numbers. AMENDMENTS 6110. Public inspection of written determinations. 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after 6111. Disclosure of reportable transactions. ‘‘Secretary’’. 6112. Material advisors of reportable transactions must keep lists of advisees, etc. § 6102. Computations on returns or other docu- 6113. Disclosure of nondeductibility of contribu- ments tions. 6114. Treaty-based return positions. (a) Amounts shown on internal revenue forms 6115. Disclosure related to quid pro quo contribu- The Secretary is authorized to provide with tions. 6116. Requirement for prisons located in United respect to any amount required to be shown on States to provide information for tax ad- a form prescribed for any internal revenue re- ministration. turn, statement, or other document, that if such 6117. Cross reference. amount of such item is other than a whole-dol- lar amount, either— AMENDMENTS (1) the fractional part of a dollar shall be 2011—Pub. L. 112–41, title V, § 502(b), Oct. 21, 2011, 125 disregarded; or Stat. 460, added items 6116 and 6117 and struck out (2) the fractional part of a dollar shall be former item 6116 ‘‘Cross reference’’. 2007—Pub. L. 110–28, title VIII, § 8246(a)(2)(C)(ii), May disregarded unless it amounts to one-half dol- 25, 2007, 121 Stat.