Treatment FAQ

how has congress used depreciation to target small business activities for special treatment?

by Rhea Jones Jr. Published 2 years ago Updated 2 years ago

What is the purpose of the Small Business Development Act?

The bill creates federal grants for small business development centers to provide technical assistance to small businesses seeking capital and credit and other opportunities. It also mandates regulatory relief for small businesses.

What is the SBA program?

The SBA will create a pilot three-year trade and export promotion program that will make grants to states to carry out export programs that assist eligible small businesses.

When was the Small Business Jobs Act passed?

The House on Thursday passed the Small Business Jobs Act of 2010 (HR 5297) by a vote of 237–187, and sent it to the President, who is expected to sign the bill into law.

What is the Small Business Fund?

The bill creates a Small Business Lending Fund to address ongoing effects of the financial crisis on small businesses by allowing the Treasury Department to make capital investments in eligible financial institutions to increase credit available for small businesses. Independent community banks may participate in a new $30 billion lending fund on the condition they make loans to small businesses and meet other requirements. Financial institutions (bank and savings and loan holding companies, depository institutions, and community development loan funds) with $10 billion or less in total assets may apply for capital investments of up to 3% of risk-weighted assets.

What is the maximum amount of deductions for a building?

The maximum allowable deduction for any building is $1.80 per building square footage. This is an aggregate limit over all tax years so once it is reached, no further deductions for that building are allowed.

What is an ADS in IRC?

The alternative depreciation system (ADS) must be used if the taxpayer elects not to apply the Section 263A uniform capitalization rules (UNICAP) to any plantwith a preproductive period of more than two yearsproduced in a farming business. (See Plants With a Preproductive Period of More Than Two Years on Page 2-12 for a list of such plants.) ADS must beused for all property placed in service in any year the election is in effect [IRC Sec. 263A(e)(2)].

What is 8910 form?

Form 8910 (Alternative Motor Vehicle Credit) is used to claim the alternative motor vehicle credit. The business/investment-use percentage of the credit is part of the general business credit.The personal-use portion of the credit is transferred to Schedule 3, line 6 (2020 Form 1040). Check box c on that line and write “8910” in the space next to that box. This credit can offset both regular tax and AMT. Any part of the personal-use portion of the credit that can’t be used in the current year is lost. It cannot be carried over to other years.

How long can you defer capital gains tax?

An eligible taxpayer that sells property to an unrelated person can elect to defer the portion of the capital gain reinvested in a QOF within 180 days [IRC Sec. 1400Z-2(a)(1)]. A QOF is any investment vehicle that [IRC Sec. 1400Z-2(d)]:

When does Tara's half year convention end?

on March 15. To apply the half-year convention, Tara has a short tax year of 10 months, ending on December 31. Therefore, the midpoint of the year is five months (10 months ÷ 2) after it begins. During the short tax year, Tara placed property subject to the half-year convention in service. Tara treats this property as placed in service on the first day of the sixth month of the short tax year (August 1).

When are 1031 like kind exchanges?

On June 12, 2020, the IRS issued proposed regulations that add a definition of real property for the purposes of Section 1031 like-kind exchanges and provide a rule addressing a taxpayer’s receipt of personal property, in a deferred exchange, that is incidental to real property the taxpayer receives in an otherwise tax-free like-kind exchange [Prop. Regs. 1.1031(a)-3 and 1.1031(k)-1(g)(7)]. These rules are proposed to apply to exchanges of real property beginning on or after the effective date of the final regulations. However, a taxpayer may rely on the proposed regulations, if followed consis-tently and in their entirety, for exchanges of real property beginning after 2017 and before the final regulations are published. Final regulations were released (TD 9935), which generally apply to exchanges beginning after December 2, 2020.

Is a like kind exchange tax free?

Under the Tax Cuts and Jobs Act (TCJA), exchanges of personal and intangible property no longer qualify as tax-free exchanges after December 31, 2017. Like-kind exchanges are now limited to exchanges of real property not held primarily for sale. IRC Sec.1031 no longer applies to any exchange of real property held primarily for sale. Therefore, exchanges of machinery,equipment, vehicles, patents, and other intellectualproperty, artwork, collectibles, and other intangible business assets do not qualify for nonrecognition of gain or loss as like-kind exchanges. If one piece of the exchange (either the disposition or the receipt of exchange property) occurred before January 1, 2018, then the pre-TCJA rules will apply [Sec. 13303(c)(2) of the TCJA].

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