March 2008 Technical Update

Bonus Depreciation Is Back!

We recently provided a technical update on bonus depreciation in our January newsletter which discussed this lucrative tax break that expired on January 1, 2005. The good news is that the Economic Stimulus Act of 2008 revived 50% Bonus Depreciation. But don’t hesitate; the window of opportunity is only available for first-use property placed in service after December 31, 2007 and before January 1, 2009. The placed-in-service date for specific assets such as transportation equipment and certain aircraft property is extended to before January 1, 2010.

The taxpayer can enjoy a healthy 50% bonus in first year depreciation for new tangible personal property. The key here is that there must not have been a contract in place prior to January 1, 2008 and the property must be new, not used.

Qualifying property must fall into one of the following categories:

- must be MACRS property with a recovery period of 20 years or less
- water utility property (see Section 168(e)(5))
- computer software not included in Section 179
- qualified leasehold improvements (see Section 168(k)(3))

Let’s look at an example to see how a taxpayer can benefit.

Taxpayer purchases new tangible personal property (equipment, specialty millwork, etc.) costing $100,000 and places it in service in 2008. Since this property qualifies for bonus depreciation and is MACRS 5 year property, the taxpayer would depreciate the asset as follows:
 

Recovery
Year

 


Deduction

 

 

 

2008

Bonus depreciation:

$50,000

2008

$50,000 x 20%:

$10,000

 

 

 

2009

$50,000 x 32%:

$16,000

2010

$50,000 x 19.2%:

$9,600

2011

$50,000 x 11.52%:

$5,760

2012

$50,000 x 11.52%:

$5,760

2013

$50,000 x 5.76%:

$2,880

     

That $60,000 first year depreciation is 300% more than what was available with standard depreciation in 2007.

In certain cases the taxpayer will be operating at a loss and will not see any benefit from bonus depreciation. In these rare instances, the taxpayer must elect out of bonus depreciation. Consult your tax professional for a better understanding of how bonus depreciation will affect your situation.
 

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