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Freetaxusa 2011

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Freetaxusa 2011

Freetaxusa 2011 10. Freetaxusa 2011   Self-Employment (SE) Tax Table of Contents Who Must Pay SE Tax?Special Rules and Exceptions Figuring Earnings Subject to SE Tax Farm Optional Method Using Both Optional Methods Reporting Self-Employment Tax The SE tax rules apply no matter how old you are and even if you are already receiving social security and Medicare benefits. Freetaxusa 2011 Who Must Pay SE Tax? Generally, you must pay SE tax and file Schedule SE (Form 1040) if your net earnings from self-employment were $400 or more. Freetaxusa 2011 Use Schedule SE to figure net earnings from self-employment. Freetaxusa 2011 Sole proprietor or independent contractor. Freetaxusa 2011   If you are self-employed as a sole proprietor or independent contractor, you generally use Schedule C or C-EZ (Form 1040) to figure your earnings subject to SE tax. Freetaxusa 2011 SE tax rate. Freetaxusa 2011    For 2013, the SE tax rate on net earnings is 15. Freetaxusa 2011 3% (12. Freetaxusa 2011 4% social security tax plus 2. Freetaxusa 2011 9% Medicare tax). Freetaxusa 2011 Maximum earnings subject to self-employment tax. Freetaxusa 2011    Only the first $113,700 of your combined wages, tips, and net earnings in 2013 is subject to any combination of the 12. Freetaxusa 2011 4% social security part of SE tax, social security tax, or railroad retirement (tier 1) tax. Freetaxusa 2011   All of your combined wages, tips, and net earnings in 2013 are subject to any combination of the 2. Freetaxusa 2011 9% Medicare part of SE tax, social security tax, or railroad retirement (tier 1) tax. Freetaxusa 2011   If your wages and tips are subject to either social security or railroad retirement (tier 1) tax, or both, and total at least $113,700, do not pay the 12. Freetaxusa 2011 4% social security part of the SE tax on any of your net earnings. Freetaxusa 2011 However, you must pay the 2. Freetaxusa 2011 9% Medicare part of the SE tax on all your net earnings. Freetaxusa 2011 Special Rules and Exceptions Aliens. Freetaxusa 2011   Generally, resident aliens must pay self-employment tax under the same rules that apply to U. Freetaxusa 2011 S. Freetaxusa 2011 citizens. Freetaxusa 2011 Nonresident aliens are not subject to SE tax unless an international social security agreement in effect determines that they are covered under the U. Freetaxusa 2011 S. Freetaxusa 2011 social security system. Freetaxusa 2011 However, residents of the Virgin Islands, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa are subject to self-employment tax, as they are considered U. Freetaxusa 2011 S. Freetaxusa 2011 residents for self-employment tax purposes. Freetaxusa 2011 For more information on aliens, see Publication 519, U. Freetaxusa 2011 S. Freetaxusa 2011 Tax Guide for Aliens. Freetaxusa 2011 Child employed by parent. Freetaxusa 2011   You are not subject to SE tax if you are under age 18 and you are working for your father or mother. Freetaxusa 2011 Church employee. Freetaxusa 2011    If you work for a church or a qualified church-controlled organization (other than as a minister or member of a religious order) that elected an exemption from social security and Medicare taxes, you are subject to SE tax if you receive $108. Freetaxusa 2011 28 or more in wages from the church or organization. Freetaxusa 2011 For more information, see Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers. Freetaxusa 2011 Fishing crew member. Freetaxusa 2011   If you are a member of the crew on a boat that catches fish or other water life, your earnings are subject to SE tax if all the following conditions apply. Freetaxusa 2011 You do not get any pay for the work except your share of the catch or a share of the proceeds from the sale of the catch, unless the pay meets all the following conditions. Freetaxusa 2011 The pay is not more than $100 per trip. Freetaxusa 2011 The pay is received only if there is a minimum catch. Freetaxusa 2011 The pay is solely for additional duties (such as mate, engineer, or cook) for which additional cash pay is traditional in the fishing industry. Freetaxusa 2011 You get a share of the catch or a share of the proceeds from the sale of the catch. Freetaxusa 2011 Your share depends on the amount of the catch. Freetaxusa 2011 The boat's operating crew normally numbers fewer than 10 individuals. Freetaxusa 2011 (An operating crew is considered as normally made up of fewer than 10 if the average size of the crew on trips made during the last four calendar quarters is fewer than 10. Freetaxusa 2011 ) Notary public. Freetaxusa 2011   Fees you receive for services you perform as a notary public are reported on Schedule C or C-EZ but are not subject to self-employment tax (see the Instructions for Schedule SE (Form 1040)). Freetaxusa 2011 State or local government employee. Freetaxusa 2011   You are subject to SE tax if you are an employee of a state or local government, are paid solely on a fee basis, and your services are not covered under a federal-state social security agreement. Freetaxusa 2011 Foreign government or international organization employee. Freetaxusa 2011   You are subject to SE tax if both the following conditions are true. Freetaxusa 2011 You are a U. Freetaxusa 2011 S. Freetaxusa 2011 citizen employed in the United States, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands by: A foreign government, A wholly-owned agency of a foreign government, or An international organization. Freetaxusa 2011 Your employer is not required to withhold social security and Medicare taxes from your wages. Freetaxusa 2011 U. Freetaxusa 2011 S. Freetaxusa 2011 citizen or resident alien residing abroad. Freetaxusa 2011    If you are a self-employed U. Freetaxusa 2011 S. Freetaxusa 2011 citizen or resident alien living outside the United States, in most cases you must pay SE tax. Freetaxusa 2011 Do not reduce your foreign earnings from self-employment by your foreign earned income exclusion. Freetaxusa 2011 Exception. Freetaxusa 2011    The United States has social security agreements with many countries to eliminate double taxation under two social security systems. Freetaxusa 2011 Under these agreements, you generally must only pay social security and Medicare taxes to the country in which you live. Freetaxusa 2011 The country to which you must pay the tax will issue a certificate which serves as proof of exemption from social security tax in the other country. Freetaxusa 2011   For more information, see the Instructions for Schedule SE (Form 1040). Freetaxusa 2011 More Than One Business If you have earnings subject to SE tax from more than one trade, business, or profession, you must combine the net profit (or loss) from each to determine your total earnings subject to SE tax. Freetaxusa 2011 A loss from one business reduces your profit from another business. Freetaxusa 2011 Community Property Income If any of the income from a trade or business, other than a partnership, is community property income under state law, it is included in the earnings subject to SE tax of the spouse carrying on the trade or business. Freetaxusa 2011 Gain or Loss Do not include in earnings subject to SE tax a gain or loss from the disposition of property that is neither stock in trade nor held primarily for sale to customers. Freetaxusa 2011 It does not matter whether the disposition is a sale, exchange, or an involuntary conversion. Freetaxusa 2011 Lost Income Payments If you are self-employed and reduce or stop your business activities, any payment you receive from insurance or other sources for the lost business income is included in earnings subject to SE tax. Freetaxusa 2011 If you are not working when you receive the payment, it still relates to your business and is included in earnings subject to SE tax, even though your business is temporarily inactive. Freetaxusa 2011 Figuring Earnings Subject to SE Tax Methods for Figuring Net Earnings There are three ways to figure your net earnings from self-employment. Freetaxusa 2011 The regular method. Freetaxusa 2011 The nonfarm optional method. Freetaxusa 2011 The farm optional method. Freetaxusa 2011 You must use the regular method unless you are eligible to use one or both of the optional methods. Freetaxusa 2011 Why use an optional method?    You may want to use the optional methods (discussed later) when you have a loss or a small net profit and any one of the following applies. Freetaxusa 2011 You want to receive credit for social security benefit coverage. Freetaxusa 2011 You incurred child or dependent care expenses for which you could claim a credit. Freetaxusa 2011 (An optional method may increase your earned income, which could increase your credit. Freetaxusa 2011 ) You are entitled to the earned income credit. Freetaxusa 2011 (An optional method may increase your earned income, which could increase your credit. Freetaxusa 2011 ) You are entitled to the additional child tax credit. Freetaxusa 2011 (An optional method may increase your earned income, which could increase your credit. Freetaxusa 2011 ) Effects of using an optional method. Freetaxusa 2011   Using an optional method could increase your SE tax. Freetaxusa 2011 Paying more SE tax could result in your getting higher benefits when you retire. Freetaxusa 2011   If you use either or both optional methods, you must figure and pay the SE tax due under these methods even if you would have had a smaller tax or no tax using the regular method. Freetaxusa 2011   The optional methods may be used only to figure your SE tax. Freetaxusa 2011 To figure your income tax, include your actual earnings in gross income, regardless of which method you use to determine SE tax. Freetaxusa 2011 Regular Method Multiply your total earnings subject to SE tax by 92. Freetaxusa 2011 35% (. Freetaxusa 2011 9235) to get your net earnings under the regular method. Freetaxusa 2011 See Short Schedule SE, line 4, or Long Schedule SE, line 4a. Freetaxusa 2011 Net earnings figured using the regular method are also called actual net earnings. Freetaxusa 2011 Nonfarm Optional Method Use the nonfarm optional method only for earnings that do not come from farming. Freetaxusa 2011 You may use this method if you meet all the following tests. Freetaxusa 2011 You are self-employed on a regular basis. Freetaxusa 2011 This means that your actual net earnings from self-employment were $400 or more in at least 2 of the 3 tax years before the one for which you use this method. Freetaxusa 2011 The net earnings can be from either farm or nonfarm earnings or both. Freetaxusa 2011 You have used this method less than 5 years. Freetaxusa 2011 (There is a 5-year lifetime limit. Freetaxusa 2011 ) The years do not have to be one after another. Freetaxusa 2011 Your net nonfarm profits were: Less than $5,024, and Less than 72. Freetaxusa 2011 189% of your gross nonfarm income. Freetaxusa 2011 Net nonfarm profits. Freetaxusa 2011   Net nonfarm profit generally is the total of the amounts from: Line 31, Schedule C (Form 1040), Line 3, Schedule C-EZ (Form 1040), Box 14, code A, Schedule K-1 (Form 1065) (from nonfarm partnerships), and Box 9, code J1, Schedule K-1 (Form 1065-B). Freetaxusa 2011   However, you may need to adjust the amount reported on Schedule K-1 if you are a general partner or if it is a loss. Freetaxusa 2011 Gross nonfarm income. Freetaxusa 2011   Your gross nonfarm income generally is the total of the amounts from: Line 7, Schedule C (Form 1040), Line 1, Schedule C-EZ (Form 1040), Box 14, code C, Schedule K-1 (Form 1065) (from nonfarm partnerships), and Box 9, code J2, Schedule K-1 (Form 1065-B). Freetaxusa 2011 Figuring Nonfarm Net Earnings If you meet the three tests explained earlier, use the following table to figure your net earnings from self-employment under the nonfarm optional method. Freetaxusa 2011 Table 10-1. Freetaxusa 2011 Figuring Nonfarm Net Earnings IF your gross nonfarm income is. Freetaxusa 2011 . Freetaxusa 2011 . Freetaxusa 2011 THEN your net earnings are equal to. Freetaxusa 2011 . Freetaxusa 2011 . Freetaxusa 2011 $6,960 or less Two-thirds of your gross nonfarm income. Freetaxusa 2011 More than $6,960 $4,640 Actual net earnings. Freetaxusa 2011   Your actual net earnings are 92. Freetaxusa 2011 35% of your total earnings subject to SE tax (that is, multiply total earnings subject to SE tax by 92. Freetaxusa 2011 35% (. Freetaxusa 2011 9235) to get actual net earnings). Freetaxusa 2011 Actual net earnings are equivalent to net earnings figured using the regular method. Freetaxusa 2011 Optional net earnings less than actual net earnings. Freetaxusa 2011   You cannot use this method to report an amount less than your actual net earnings from self-employment. Freetaxusa 2011 Gross nonfarm income of $6,960 or less. Freetaxusa 2011   The following examples illustrate how to figure net earnings when gross nonfarm income is $6,960 or less. Freetaxusa 2011 Example 1. Freetaxusa 2011 Net nonfarm profit less than $5,024 and less than 72. Freetaxusa 2011 189% of gross nonfarm income. Freetaxusa 2011 Ann Green runs a craft business. Freetaxusa 2011 Her actual net earnings from self-employment were $800 in 2011 and $900 in 2012. Freetaxusa 2011 She meets the test for being self-employed on a regular basis. Freetaxusa 2011 She has used the nonfarm optional method less than 5 years. Freetaxusa 2011 Her gross income and net profit in 2013 are as follows: Gross nonfarm income $5,400 Net nonfarm profit $1,200 Ann's actual net earnings for 2013 are $1,108 ($1,200 × . Freetaxusa 2011 9235). Freetaxusa 2011 Because her net profit is less than $5,024 and less than 72. Freetaxusa 2011 189% of her gross income, she can use the nonfarm optional method to figure net earnings of $3,600 (2/3 × $5,400). Freetaxusa 2011 Because these net earnings are higher than her actual net earnings, she can report net earnings of $3,600 for 2013. Freetaxusa 2011 Example 2. Freetaxusa 2011 Net nonfarm profit less than $5,024 but not less than 72. Freetaxusa 2011 189% of gross nonfarm income. Freetaxusa 2011 Assume that in Example 1 Ann's gross income is $1,000 and her net profit is $800. Freetaxusa 2011 She must use the regular method to figure her net earnings. Freetaxusa 2011 She cannot use the nonfarm optional method because her net profit is not less than 72. Freetaxusa 2011 189% of her gross income. Freetaxusa 2011 Example 3. Freetaxusa 2011 Net loss from a nonfarm business. Freetaxusa 2011 Assume that in Example 1 Ann has a net loss of $700. Freetaxusa 2011 She can use the nonfarm optional method and report $3,600 (2/3 × $5,400) as her net earnings. Freetaxusa 2011 Example 4. Freetaxusa 2011 Nonfarm net earnings less than $400. Freetaxusa 2011 Assume that in Example 1 Ann has gross income of $525 and a net profit of $175. Freetaxusa 2011 In this situation, she would not pay any SE tax under either the regular method or the nonfarm optional method because her net earnings under both methods are less than $400. Freetaxusa 2011 Gross nonfarm income of more than $6,960. Freetaxusa 2011   The following examples illustrate how to figure net earnings when gross nonfarm income is more than $6,960. Freetaxusa 2011 Example 1. Freetaxusa 2011 Net nonfarm profit less than $5,024 and less than 72. Freetaxusa 2011 189% of gross nonfarm income. Freetaxusa 2011 John White runs an appliance repair shop. Freetaxusa 2011 His actual net earnings from self-employment were $10,500 in 2011 and $9,500 in 2012. Freetaxusa 2011 He meets the test for being self-employed on a regular basis. Freetaxusa 2011 He has used the nonfarm optional method less than 5 years. Freetaxusa 2011 His gross income and net profit in 2013 are as follows: Gross nonfarm income $12,000 Net nonfarm profit $1,200 John's actual net earnings for 2013 are $1,108 ($1,200 × . Freetaxusa 2011 9235). Freetaxusa 2011 Because his net profit is less than $5,024 and less than 72. Freetaxusa 2011 189% of his gross income, he can use the nonfarm optional method to figure net earnings of $4,640. Freetaxusa 2011 Because these net earnings are higher than his actual net earnings, he can report net earnings of $4,640 for 2013. Freetaxusa 2011 Example 2. Freetaxusa 2011 Net nonfarm profit not less than $5,024. Freetaxusa 2011 Assume that in Example 1 John's net profit is $5,400. Freetaxusa 2011 He must use the regular method. Freetaxusa 2011 He cannot use the nonfarm optional method because his net nonfarm profit is not less than $5,024. Freetaxusa 2011 Example 3. Freetaxusa 2011 Net loss from a nonfarm business. Freetaxusa 2011 Assume that in Example 1 John has a net loss of $700. Freetaxusa 2011 He can use the nonfarm optional method and report $4,640 as his net earnings from self-employment. Freetaxusa 2011 Farm Optional Method Use the farm optional method only for earnings from a farming business. Freetaxusa 2011 See Publication 225 for information about this method. Freetaxusa 2011 Using Both Optional Methods If you have both farm and nonfarm earnings, you may be able to use both optional methods to determine your net earnings from self-employment. Freetaxusa 2011 To figure your net earnings using both optional methods, you must: Figure your farm and nonfarm net earnings separately under each method. Freetaxusa 2011 Do not combine farm earnings with nonfarm earnings to figure your net earnings under either method. Freetaxusa 2011 Add the net earnings figured under each method to arrive at your total net earnings from self-employment. Freetaxusa 2011 You can report less than your total actual farm and nonfarm net earnings but not less than actual nonfarm net earnings. Freetaxusa 2011 If you use both optional methods, you can report no more than $4,640 as your combined net earnings from self-employment. Freetaxusa 2011 Example. Freetaxusa 2011 You are a self-employed farmer. Freetaxusa 2011 You also operate a retail grocery store. Freetaxusa 2011 Your gross income, actual net earnings from self-employment, and optional farm and optional nonfarm net earnings from self-employment are shown in Table 10-2. Freetaxusa 2011 Table 10-2. Freetaxusa 2011 Example—Farm and Nonfarm Earnings Income and Earnings Farm Nonfarm Gross income $3,000 $6,000 Actual net earnings $900 $500 Optional net earnings (2/3 of gross income) $2,000 $4,000 Table 10-3 shows four methods or combinations of methods you can use to figure net earnings from self-employment using the farm and nonfarm gross income and actual net earnings shown in Table 10-2. Freetaxusa 2011 Method 1. Freetaxusa 2011 Using the regular method for both farm and nonfarm income. Freetaxusa 2011 Method 2. Freetaxusa 2011 Using the optional method for farm income and the regular method for nonfarm income. Freetaxusa 2011 Method 3. Freetaxusa 2011 Using the regular method for farm income and the optional method for nonfarm income. Freetaxusa 2011 Method 4. Freetaxusa 2011 Using the optional method for both farm and nonfarm income. Freetaxusa 2011 Note. Freetaxusa 2011 Actual net earnings is the same as net earnings figured using the regular method. Freetaxusa 2011 Table 10-3. Freetaxusa 2011 Example—Net Earnings Net Earnings 1 2 3 4 Actual  farm $ 900   $ 900   Optional  farm   $ 2,000   $ 2,000 Actual nonfarm $ 500 $ 500     Optional nonfarm     $4,000 $4,000 Amount you can report: $1,400 $2,500 $4,900 $4,640* *Limited to $4,640 because you used both optional methods. Freetaxusa 2011 Fiscal Year Filer If you use a tax year other than the calendar year, you must use the tax rate and maximum earnings limit in effect at the beginning of your tax year. Freetaxusa 2011 Even if the tax rate or maximum earnings limit changes during your tax year, continue to use the same rate and limit throughout your tax year. Freetaxusa 2011 Reporting Self-Employment Tax Use Schedule SE (Form 1040) to figure and report your SE tax. Freetaxusa 2011 Then enter the SE tax on line 56 of Form 1040 and attach Schedule SE to Form 1040. Freetaxusa 2011 Most taxpayers can use Section A—Short Schedule SE to figure their SE tax. Freetaxusa 2011 However, certain taxpayers must use Section B—Long Schedule SE. Freetaxusa 2011 If you have to pay SE tax, you must file Form 1040 (with Schedule SE attached) even if you do not otherwise have to file a federal income tax return. Freetaxusa 2011 Joint return. Freetaxusa 2011   Even if you file a joint return, you cannot file a joint Schedule SE. Freetaxusa 2011 This is true whether one spouse or both spouses have earnings subject to SE tax. Freetaxusa 2011 If both of you have earnings subject to SE tax, each of you must complete a separate Schedule SE. Freetaxusa 2011 However, if one spouse uses the Short Schedule SE and the other spouse has to use the Long Schedule SE, both can use the same form. Freetaxusa 2011 Attach both schedules to the joint return. Freetaxusa 2011 More than one business. Freetaxusa 2011   If you have more than one trade or business, you must combine the net profit (or loss) from each business to figure your SE tax. Freetaxusa 2011 A loss from one business will reduce your profit from another business. Freetaxusa 2011 File one Schedule SE showing the earnings from self-employment, but file a separate Schedule C, C-EZ, or F for each business. Freetaxusa 2011 Example. Freetaxusa 2011 You are the sole proprietor of two separate businesses. Freetaxusa 2011 You operate a restaurant that made a net profit of $25,000. Freetaxusa 2011 You also have a cabinetmaking business that had a net loss of $500. Freetaxusa 2011 You must file a Schedule C for the restaurant showing your net profit of $25,000 and another Schedule C for the cabinetmaking business showing your net loss of $500. Freetaxusa 2011 You file Schedule SE showing total earnings subject to SE tax of $24,500. Freetaxusa 2011 Prev  Up  Next   Home   More Online Publications
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The Freetaxusa 2011

Freetaxusa 2011 2. Freetaxusa 2011   Electing the Section 179 Deduction Table of Contents Introduction Useful Items - You may want to see: What Property Qualifies?Eligible Property Property Acquired for Business Use Property Acquired by Purchase What Property Does Not Qualify?Land and Improvements Excepted Property How Much Can You Deduct?Dollar Limits Business Income Limit Partnerships and Partners S Corporations Other Corporations How Do You Elect the Deduction? When Must You Recapture the Deduction? Introduction You can elect to recover all or part of the cost of certain qualifying property, up to a limit, by deducting it in the year you place the property in service. Freetaxusa 2011 This is the section 179 deduction. Freetaxusa 2011 You can elect the section 179 deduction instead of recovering the cost by taking depreciation deductions. Freetaxusa 2011 Estates and trusts cannot elect the section 179 deduction. Freetaxusa 2011 This chapter explains what property does and does not qualify for the section 179 deduction, what limits apply to the deduction (including special rules for partnerships and corporations), and how to elect it. Freetaxusa 2011 It also explains when and how to recapture the deduction. Freetaxusa 2011 Useful Items - You may want to see: Publication 537 Installment Sales 544 Sales and Other Dispositions of Assets 954 Tax Incentives for Distressed Communities Form (and Instructions) 4562 Depreciation and Amortization 4797 Sales of Business Property See chapter 6 for information about getting publications and forms. Freetaxusa 2011 What Property Qualifies? To qualify for the section 179 deduction, your property must meet all the following requirements. Freetaxusa 2011 It must be eligible property. Freetaxusa 2011 It must be acquired for business use. Freetaxusa 2011 It must have been acquired by purchase. Freetaxusa 2011 It must not be property described later under What Property Does Not Qualify . Freetaxusa 2011 The following discussions provide information about these requirements and exceptions. Freetaxusa 2011 Eligible Property To qualify for the section 179 deduction, your property must be one of the following types of depreciable property. Freetaxusa 2011 Tangible personal property. Freetaxusa 2011 Other tangible property (except buildings and their structural components) used as: An integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services, A research facility used in connection with any of the activities in (a) above, or A facility used in connection with any of the activities in (a) for the bulk storage of fungible commodities. Freetaxusa 2011 Single purpose agricultural (livestock) or horticultural structures. Freetaxusa 2011 See chapter 7 of Publication 225 for definitions and information regarding the use requirements that apply to these structures. Freetaxusa 2011 Storage facilities (except buildings and their structural components) used in connection with distributing petroleum or any primary product of petroleum. Freetaxusa 2011 Off-the-shelf computer software. Freetaxusa 2011 Qualified real property (described below). Freetaxusa 2011 Tangible personal property. Freetaxusa 2011   Tangible personal property is any tangible property that is not real property. Freetaxusa 2011 It includes the following property. Freetaxusa 2011 Machinery and equipment. Freetaxusa 2011 Property contained in or attached to a building (other than structural components), such as refrigerators, grocery store counters, office equipment, printing presses, testing equipment, and signs. Freetaxusa 2011 Gasoline storage tanks and pumps at retail service stations. Freetaxusa 2011 Livestock, including horses, cattle, hogs, sheep, goats, and mink and other furbearing animals. Freetaxusa 2011   The treatment of property as tangible personal property for the section 179 deduction is not controlled by its treatment under local law. Freetaxusa 2011 For example, property may not be tangible personal property for the deduction even if treated so under local law, and some property (such as fixtures) may be tangible personal property for the deduction even if treated as real property under local law. Freetaxusa 2011 Off-the-shelf computer software. Freetaxusa 2011   Off-the-shelf computer software placed in service during the tax year is qualifying property for purposes of the section 179 deduction. Freetaxusa 2011 This is computer software that is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substantially modified. Freetaxusa 2011 It includes any program designed to cause a computer to perform a desired function. Freetaxusa 2011 However, a database or similar item is not considered computer software unless it is in the public domain and is incidental to the operation of otherwise qualifying software. Freetaxusa 2011 Qualified real property. Freetaxusa 2011   You can elect to treat certain qualified real property you placed in service as section 179 property for tax years beginning in 2013. Freetaxusa 2011 If this election is made, the term “section 179 property” will include any qualified real property that is: Qualified leasehold improvement property, Qualified restaurant property, or Qualified retail improvement property. Freetaxusa 2011 The maximum section 179 expense deduction that can be elected for qualified section 179 real property is $250,000 of the maximum section 179 deduction of $500,000 in 2013. Freetaxusa 2011 For more information, see Special rules for qualified section 179 real property, later. Freetaxusa 2011 Also, see Election for certain qualified section 179 real property, later, for information on how to make this election. Freetaxusa 2011 Qualified leasehold improvement property. Freetaxusa 2011   Generally, this is any improvement to an interior part of a building (placed in service before January 1, 2014) that is nonresidential real property, provided all of the requirements discussed in chapter 3 under Qualified leasehold improvement property are met. Freetaxusa 2011   In addition, an improvement made by the lessor does not qualify as qualified leasehold improvement property to any subsequent owner unless it is acquired from the original lessor by reason of the lessor’s death or in any of the following types of transactions. Freetaxusa 2011 A transaction to which section 381(a) applies, A mere change in the form of conducting the trade or business so long as the property is retained in the trade or business as qualified leasehold improvement property and the taxpayer retains a substantial interest in the trade or business, A like-kind exchange, involuntary conversion, or re-acquisition of real property to the extent that the basis in the property represents the carryover basis, or Certain nonrecognition transactions to the extent that your basis in the property is determined by reference to the transferor’s or distributor’s basis in the property. Freetaxusa 2011 Examples include the following. Freetaxusa 2011 A complete liquidation of a subsidiary. Freetaxusa 2011 A transfer to a corporation controlled by the transferor. Freetaxusa 2011 An exchange of property by a corporation solely for stock or securities in another corporation in a reorganization. Freetaxusa 2011 Qualified restaurant property. Freetaxusa 2011   Qualified restaurant property is any section 1250 property that is a building or an improvement to a building placed in service after December 31, 2008, and before January 1, 2014. Freetaxusa 2011 Also, more than 50% of the building’s square footage must be devoted to preparation of meals and seating for on-premise consumption of prepared meals. Freetaxusa 2011 Qualified retail improvement property. Freetaxusa 2011   Generally, this is any improvement (placed in service after December 31, 2008, and before January 1, 2014) to an interior portion of nonresidential real property if it meets the following requirements. Freetaxusa 2011 The portion is open to the general public and is used in the retail trade or business of selling tangible property to the general public. Freetaxusa 2011 The improvement is placed in service more than 3 years after the date the building was first placed in service. Freetaxusa 2011 The expenses are not for the enlargement of the building, any elevator or escalator, any structural components benefiting a common area, or the internal structural framework of the building. Freetaxusa 2011 In addition, an improvement made by the lessor does not qualify as qualified retail improvement property to any subsequent owner unless it is acquired from the original lessor by reason of the lessor’s death or in any of the following types of transactions. Freetaxusa 2011 A transaction to which section 381(a) applies, A mere change in the form of conducting the trade or business so long as the property is retained in the trade or business as qualified leasehold improvement property and the taxpayer retains a substantial interest in the trade or business, A like-kind exchange, involuntary conversion, or re-acquisition of real property to the extent that the basis in the property represents the carryover basis, or Certain nonrecognition transactions to the extent that your basis in the property is determined by reference to the transferor’s or distributor’s basis in the property. Freetaxusa 2011 Examples include the following. Freetaxusa 2011 A complete liquidation of a subsidiary. Freetaxusa 2011 A transfer to a corporation controlled by the transferor. Freetaxusa 2011 An exchange of property by a corporation solely for stock or securities in another corporation in a reorganization. Freetaxusa 2011 Property Acquired for Business Use To qualify for the section 179 deduction, your property must have been acquired for use in your trade or business. Freetaxusa 2011 Property you acquire only for the production of income, such as investment property, rental property (if renting property is not your trade or business), and property that produces royalties, does not qualify. Freetaxusa 2011 Partial business use. Freetaxusa 2011   When you use property for both business and nonbusiness purposes, you can elect the section 179 deduction only if you use the property more than 50% for business in the year you place it in service. Freetaxusa 2011 If you use the property more than 50% for business, multiply the cost of the property by the percentage of business use. Freetaxusa 2011 Use the resulting business cost to figure your section 179 deduction. Freetaxusa 2011 Example. Freetaxusa 2011 May Oak bought and placed in service an item of section 179 property costing $11,000. Freetaxusa 2011 She used the property 80% for her business and 20% for personal purposes. Freetaxusa 2011 The business part of the cost of the property is $8,800 (80% × $11,000). Freetaxusa 2011 Property Acquired by Purchase To qualify for the section 179 deduction, your property must have been acquired by purchase. Freetaxusa 2011 For example, property acquired by gift or inheritance does not qualify. Freetaxusa 2011 Property is not considered acquired by purchase in the following situations. Freetaxusa 2011 It is acquired by one component member of a controlled group from another component member of the same group. Freetaxusa 2011 Its basis is determined either— In whole or in part by its adjusted basis in the hands of the person from whom it was acquired, or Under the stepped-up basis rules for property acquired from a decedent. Freetaxusa 2011 It is acquired from a related person. Freetaxusa 2011 Related persons. Freetaxusa 2011   Related persons are described under Related persons earlier. Freetaxusa 2011 However, to determine whether property qualifies for the section 179 deduction, treat as an individual's family only his or her spouse, ancestors, and lineal descendants and substitute "50%" for "10%" each place it appears. Freetaxusa 2011 Example. Freetaxusa 2011 Ken Larch is a tailor. Freetaxusa 2011 He bought two industrial sewing machines from his father. Freetaxusa 2011 He placed both machines in service in the same year he bought them. Freetaxusa 2011 They do not qualify as section 179 property because Ken and his father are related persons. Freetaxusa 2011 He cannot claim a section 179 deduction for the cost of these machines. Freetaxusa 2011 What Property Does Not Qualify? Certain property does not qualify for the section 179 deduction. Freetaxusa 2011 This includes the following. Freetaxusa 2011 Land and Improvements Land and land improvements do not qualify as section 179 property. Freetaxusa 2011 Land improvements include swimming pools, paved parking areas, wharves, docks, bridges, and fences. Freetaxusa 2011 Excepted Property Even if the requirements explained earlier under What Property Qualifies are met, you cannot elect the section 179 deduction for the following property. Freetaxusa 2011 Certain property you lease to others (if you are a noncorporate lessor). Freetaxusa 2011 Certain property used predominantly to furnish lodging or in connection with the furnishing of lodging. Freetaxusa 2011 Air conditioning or heating units. Freetaxusa 2011 Property used predominantly outside the United States, except property described in section 168(g)(4) of the Internal Revenue Code. Freetaxusa 2011 Property used by certain tax-exempt organizations, except property used in connection with the production of income subject to the tax on unrelated trade or business income. Freetaxusa 2011 Property used by governmental units or foreign persons or entities, except property used under a lease with a term of less than 6 months. Freetaxusa 2011 Leased property. Freetaxusa 2011   Generally, you cannot claim a section 179 deduction based on the cost of property you lease to someone else. Freetaxusa 2011 This rule does not apply to corporations. Freetaxusa 2011 However, you can claim a section 179 deduction for the cost of the following property. Freetaxusa 2011 Property you manufacture or produce and lease to others. Freetaxusa 2011 Property you purchase and lease to others if both the following tests are met. Freetaxusa 2011 The term of the lease (including options to renew) is less than 50% of the property's class life. Freetaxusa 2011 For the first 12 months after the property is transferred to the lessee, the total business deductions you are allowed on the property (other than rents and reimbursed amounts) are more than 15% of the rental income from the property. Freetaxusa 2011 Property used for lodging. Freetaxusa 2011   Generally, you cannot claim a section 179 deduction for property used predominantly to furnish lodging or in connection with the furnishing of lodging. Freetaxusa 2011 However, this does not apply to the following types of property. Freetaxusa 2011 Nonlodging commercial facilities that are available to those not using the lodging facilities on the same basis as they are available to those using the lodging facilities. Freetaxusa 2011 Property used by a hotel or motel in connection with the trade or business of furnishing lodging where the predominant portion of the accommodations is used by transients. Freetaxusa 2011 Any certified historic structure to the extent its basis is due to qualified rehabilitation expenditures. Freetaxusa 2011 Any energy property. Freetaxusa 2011 Energy property. Freetaxusa 2011   Energy property is property that meets the following requirements. Freetaxusa 2011 It is one of the following types of property. Freetaxusa 2011 Equipment that uses solar energy to generate electricity, to heat or cool a structure, to provide hot water for use in a structure, or to provide solar process heat, except for equipment used to generate energy to heat a swimming pool. Freetaxusa 2011 Equipment placed in service after December 31, 2005, and before January 1, 2017, that uses solar energy to illuminate the inside of a structure using fiber-optic distributed sunlight. Freetaxusa 2011 Equipment used to produce, distribute, or use energy derived from a geothermal deposit. Freetaxusa 2011 For electricity generated by geothermal power, this includes equipment up to (but not including) the electrical transmission stage. Freetaxusa 2011 Qualified fuel cell property or qualified microturbine property placed in service after December 31, 2005, and before January 1, 2017. Freetaxusa 2011 The construction, reconstruction, or erection of the property must be completed by you. Freetaxusa 2011 For property you acquire, the original use of the property must begin with you. Freetaxusa 2011 The property must meet the performance and quality standards, if any, prescribed by Income Tax Regulations in effect at the time you get the property. Freetaxusa 2011   For periods before February 14, 2008, energy property does not include any property that is public utility property as defined by section 46(f)(5) of the Internal Revenue Code (as in effect on November 4, 1990). Freetaxusa 2011 How Much Can You Deduct? Your section 179 deduction is generally the cost of the qualifying property. Freetaxusa 2011 However, the total amount you can elect to deduct under section 179 is subject to a dollar limit and a business income limit. Freetaxusa 2011 These limits apply to each taxpayer, not to each business. Freetaxusa 2011 However, see Married Individuals under Dollar Limits , later. Freetaxusa 2011 For a passenger automobile, the total section 179 deduction and depreciation deduction are limited. Freetaxusa 2011 See Do the Passenger Automobile Limits Apply in chapter 5 . Freetaxusa 2011 If you deduct only part of the cost of qualifying property as a section 179 deduction, you can generally depreciate the cost you do not deduct. Freetaxusa 2011 Trade-in of other property. Freetaxusa 2011   If you buy qualifying property with cash and a trade-in, its cost for purposes of the section 179 deduction includes only the cash you paid. Freetaxusa 2011 Example. Freetaxusa 2011 Silver Leaf, a retail bakery, traded two ovens having a total adjusted basis of $680 for a new oven costing $1,320. Freetaxusa 2011 They received an $800 trade-in allowance for the old ovens and paid $520 in cash for the new oven. Freetaxusa 2011 The bakery also traded a used van with an adjusted basis of $4,500 for a new van costing $9,000. Freetaxusa 2011 They received a $4,800 trade-in allowance on the used van and paid $4,200 in cash for the new van. Freetaxusa 2011 Only the portion of the new property's basis paid by cash qualifies for the section 179 deduction. Freetaxusa 2011 Therefore, Silver Leaf's qualifying costs for the section 179 deduction are $4,720 ($520 + $4,200). Freetaxusa 2011 Dollar Limits The total amount you can elect to deduct under section 179 for most property placed in service in 2013 generally cannot be more than $500,000. Freetaxusa 2011 If you acquire and place in service more than one item of qualifying property during the year, you can allocate the section 179 deduction among the items in any way, as long as the total deduction is not more than $500,000. Freetaxusa 2011 You do not have to claim the full $500,000. Freetaxusa 2011 Qualified real property (described earlier) that you elected to treat as section 179 real property is limited to $250,000 of the maximum deduction of $500,000 for 2013. Freetaxusa 2011 The amount you can elect to deduct is not affected if you place qualifying property in service in a short tax year or if you place qualifying property in service for only a part of a 12-month tax year. Freetaxusa 2011 After you apply the dollar limit to determine a tentative deduction, you must apply the business income limit (described later) to determine your actual section 179 deduction. Freetaxusa 2011 Example. Freetaxusa 2011 In 2013, you bought and placed in service $500,000 in machinery and a $25,000 circular saw for your business. Freetaxusa 2011 You elect to deduct $475,000 for the machinery and the entire $25,000 for the saw, a total of $500,000. Freetaxusa 2011 This is the maximum amount you can deduct. Freetaxusa 2011 Your $25,000 deduction for the saw completely recovered its cost. Freetaxusa 2011 Your basis for depreciation is zero. Freetaxusa 2011 The basis for depreciation of your machinery is $25,000. Freetaxusa 2011 You figure this by subtracting your $475,000 section 179 deduction for the machinery from the $500,000 cost of the machinery. Freetaxusa 2011 Situations affecting dollar limit. Freetaxusa 2011   Under certain circumstances, the general dollar limits on the section 179 deduction may be reduced or increased or there may be additional dollar limits. Freetaxusa 2011 The general dollar limit is affected by any of the following situations. Freetaxusa 2011 The cost of your section 179 property placed in service exceeds $2,000,000. Freetaxusa 2011 Your business is an enterprise zone business. Freetaxusa 2011 You placed in service a sport utility or certain other vehicles. Freetaxusa 2011 You are married filing a joint or separate return. Freetaxusa 2011 Costs exceeding $2,000,000 If the cost of your qualifying section 179 property placed in service in a year is more than $2,000,000, you generally must reduce the dollar limit (but not below zero) by the amount of cost over $2,000,000. Freetaxusa 2011 If the cost of your section 179 property placed in service during 2013 is $2,500,000 or more, you cannot take a section 179 deduction. Freetaxusa 2011 Example. Freetaxusa 2011 In 2013, Jane Ash placed in service machinery costing $2,100,000. Freetaxusa 2011 This cost is $100,000 more than $2,000,000, so she must reduce her dollar limit to $400,000 ($500,000 − $100,000). Freetaxusa 2011 Enterprise Zone Businesses An increased section 179 deduction is available to enterprise zone businesses for qualified zone property placed in service during the tax year, in an empowerment zone. Freetaxusa 2011 For more information including the definitions of “enterprise zone business” and “qualified zone property,” see sections 1397A, 1397C, and 1397D of the Internal Revenue Code. Freetaxusa 2011 The dollar limit on the section 179 deduction is increased by the smaller of: $35,000, or The cost of section 179 property that is also qualified zone property placed in service before January 1, 2014 (including such property placed in service by your spouse, even if you are filing a separate return). Freetaxusa 2011 Note. Freetaxusa 2011   You take into account only 50% (instead of 100%) of the cost of qualified zone property placed in service in a year when figuring the reduced dollar limit for costs exceeding $2,000,000 (explained earlier). Freetaxusa 2011 Sport Utility and Certain Other Vehicles You cannot elect to expense more than $25,000 of the cost of any heavy sport utility vehicle (SUV) and certain other vehicles placed in service during the tax year. Freetaxusa 2011 This rule applies to any 4-wheeled vehicle primarily designed or used to carry passengers over public streets, roads, or highways, that is rated at more than 6,000 pounds gross vehicle weight and not more than 14,000 pounds gross vehicle weight. Freetaxusa 2011 However, the $25,000 limit does not apply to any vehicle: Designed to seat more than nine passengers behind the driver's seat, Equipped with a cargo area (either open or enclosed by a cap) of at least six feet in interior length that is not readily accessible from the passenger compartment, or That has an integral enclosure fully enclosing the driver compartment and load carrying device, does not have seating rearward of the driver's seat, and has no body section protruding more than 30 inches ahead of the leading edge of the windshield. Freetaxusa 2011 Married Individuals If you are married, how you figure your section 179 deduction depends on whether you file jointly or separately. Freetaxusa 2011 If you file a joint return, you and your spouse are treated as one taxpayer in determining any reduction to the dollar limit, regardless of which of you purchased the property or placed it in service. Freetaxusa 2011 If you and your spouse file separate returns, you are treated as one taxpayer for the dollar limit, including the reduction for costs over $2,000,000. Freetaxusa 2011 You must allocate the dollar limit (after any reduction) between you equally, unless you both elect a different allocation. Freetaxusa 2011 If the percentages elected by each of you do not total 100%, 50% will be allocated to each of you. Freetaxusa 2011 Example. Freetaxusa 2011 Jack Elm is married. Freetaxusa 2011 He and his wife file separate returns. Freetaxusa 2011 Jack bought and placed in service $2,000,000 of qualified farm machinery in 2013. Freetaxusa 2011 His wife has her own business, and she bought and placed in service $30,000 of qualified business equipment. Freetaxusa 2011 Their combined dollar limit is $470,000. Freetaxusa 2011 This is because they must figure the limit as if they were one taxpayer. Freetaxusa 2011 They reduce the $500,000 dollar limit by the $30,000 excess of their costs over $2,000,000. Freetaxusa 2011 They elect to allocate the $470,000 dollar limit as follows. Freetaxusa 2011 $446,500 ($470,000 x 95%) to Mr. Freetaxusa 2011 Elm's machinery. Freetaxusa 2011 $23,500 ($470,000 x 5%) to Mrs. Freetaxusa 2011 Elm's equipment. Freetaxusa 2011 If they did not make an election to allocate their costs in this way, they would have to allocate $235,000 ($470,000 × 50%) to each of them. Freetaxusa 2011 Joint return after filing separate returns. Freetaxusa 2011   If you and your spouse elect to amend your separate returns by filing a joint return after the due date for filing your return, the dollar limit on the joint return is the lesser of the following amounts. Freetaxusa 2011 The dollar limit (after reduction for any cost of section 179 property over $2,000,000). Freetaxusa 2011 The total cost of section 179 property you and your spouse elected to expense on your separate returns. Freetaxusa 2011 Example. Freetaxusa 2011 The facts are the same as in the previous example except that Jack elected to deduct $30,000 of the cost of section 179 property on his separate return and his wife elected to deduct $2,000. Freetaxusa 2011 After the due date of their returns, they file a joint return. Freetaxusa 2011 Their dollar limit for the section 179 deduction is $32,000. Freetaxusa 2011 This is the lesser of the following amounts. Freetaxusa 2011 $470,000—The dollar limit less the cost of section 179 property over $2,000,000. Freetaxusa 2011 $32,000—The total they elected to expense on their separate returns. Freetaxusa 2011 Business Income Limit The total cost you can deduct each year after you apply the dollar limit is limited to the taxable income from the active conduct of any trade or business during the year. Freetaxusa 2011 Generally, you are considered to actively conduct a trade or business if you meaningfully participate in the management or operations of the trade or business. Freetaxusa 2011 Any cost not deductible in one year under section 179 because of this limit can be carried to the next year. Freetaxusa 2011 Special rules apply to a 2013 deduction of qualified section 179 real property that is disallowed because of the business income limit. Freetaxusa 2011 See Special rules for qualified section 179 property under Carryover of disallowed deduction, later. Freetaxusa 2011 Taxable income. Freetaxusa 2011   In general, figure taxable income for this purpose by totaling the net income and losses from all trades and businesses you actively conducted during the year. Freetaxusa 2011 Net income or loss from a trade or business includes the following items. Freetaxusa 2011 Section 1231 gains (or losses). Freetaxusa 2011 Interest from working capital of your trade or business. Freetaxusa 2011 Wages, salaries, tips, or other pay earned as an employee. Freetaxusa 2011 For information about section 1231 gains and losses, see chapter 3 in Publication 544. Freetaxusa 2011   In addition, figure taxable income without regard to any of the following. Freetaxusa 2011 The section 179 deduction. Freetaxusa 2011 The self-employment tax deduction. Freetaxusa 2011 Any net operating loss carryback or carryforward. Freetaxusa 2011 Any unreimbursed employee business expenses. Freetaxusa 2011 Two different taxable income limits. Freetaxusa 2011   In addition to the business income limit for your section 179 deduction, you may have a taxable income limit for some other deduction. Freetaxusa 2011 You may have to figure the limit for this other deduction taking into account the section 179 deduction. Freetaxusa 2011 If so, complete the following steps. Freetaxusa 2011 Step Action 1 Figure taxable income without the section 179 deduction or the other deduction. Freetaxusa 2011 2 Figure a hypothetical section 179 deduction using the taxable income figured in Step 1. Freetaxusa 2011 3 Subtract the hypothetical section 179 deduction figured in Step 2 from the taxable income figured in Step 1. Freetaxusa 2011 4 Figure a hypothetical amount for the other deduction using the amount figured in Step 3 as taxable income. Freetaxusa 2011 5 Subtract the hypothetical other deduction figured in Step 4 from the taxable income figured in Step 1. Freetaxusa 2011 6 Figure your actual section 179 deduction using the taxable income figured in Step 5. Freetaxusa 2011 7 Subtract your actual section 179 deduction figured in Step 6 from the taxable income figured in Step 1. Freetaxusa 2011 8 Figure your actual other deduction using the taxable income figured in Step 7. Freetaxusa 2011 Example. Freetaxusa 2011 On February 1, 2013, the XYZ corporation purchased and placed in service qualifying section 179 property that cost $500,000. Freetaxusa 2011 It elects to expense the entire $500,000 cost under section 179. Freetaxusa 2011 In June, the corporation gave a charitable contribution of $10,000. Freetaxusa 2011 A corporation's limit on charitable contributions is figured after subtracting any section 179 deduction. Freetaxusa 2011 The business income limit for the section 179 deduction is figured after subtracting any allowable charitable contributions. Freetaxusa 2011 XYZ's taxable income figured without the section 179 deduction or the deduction for charitable contributions is $520,000. Freetaxusa 2011 XYZ figures its section 179 deduction and its deduction for charitable contributions as follows. Freetaxusa 2011 Step 1– Taxable income figured without either deduction is $520,000. Freetaxusa 2011 Step 2– Using $520,000 as taxable income, XYZ's hypothetical section 179 deduction is $500,000. Freetaxusa 2011 Step 3– $20,000 ($520,000 − $500,000). Freetaxusa 2011 Step 4– Using $20,000 (from Step 3) as taxable income, XYZ's hypothetical charitable contribution (limited to 10% of taxable income) is $2,000. Freetaxusa 2011 Step 5– $518,000 ($520,000 − $2,000). Freetaxusa 2011 Step 6– Using $518,000 (from Step 5) as taxable income, XYZ figures the actual section 179 deduction. Freetaxusa 2011 Because the taxable income is at least $500,000, XYZ can take a $500,000 section 179 deduction. Freetaxusa 2011 Step 7– $20,000 ($520,000 − $500,000). Freetaxusa 2011 Step 8– Using $20,000 (from Step 7) as taxable income, XYZ's actual charitable contribution (limited to 10% of taxable income) is $2,000. Freetaxusa 2011 Carryover of disallowed deduction. Freetaxusa 2011   You can carry over for an unlimited number of years the cost of any section 179 property you elected to expense but were unable to because of the business income limit. Freetaxusa 2011 This disallowed deduction amount is shown on line 13 of Form 4562. Freetaxusa 2011 You use the amount you carry over to determine your section 179 deduction in the next year. Freetaxusa 2011 Enter that amount on line 10 of your Form 4562 for the next year. Freetaxusa 2011   If you place more than one property in service in a year, you can select the properties for which all or a part of the costs will be carried forward. Freetaxusa 2011 Your selections must be shown in your books and records. Freetaxusa 2011 For this purpose, treat section 179 costs allocated from a partnership or an S corporation as one item of section 179 property. Freetaxusa 2011 If you do not make a selection, the total carryover will be allocated equally among the properties you elected to expense for the year. Freetaxusa 2011   If costs from more than one year are carried forward to a subsequent year in which only part of the total carryover can be deducted, you must deduct the costs being carried forward from the earliest year first. Freetaxusa 2011 Special rules for qualified section 179 real property. Freetaxusa 2011   You can carry over to 2013 a 2012 deduction attributable to qualified section 179 real property that you elected to expense but were unable to take because of the business income limitation. Freetaxusa 2011 Any such 2012 carryover amounts that are not deducted in 2013, plus any 2013 disallowed section 179 expense deductions attributable to qualified real property, are not carried over to 2014. Freetaxusa 2011 Instead these amounts are treated as property placed in service on the first day of 2013 for purposes of computing depreciation (including the special depreciation allowance, if applicable). Freetaxusa 2011 See section 179(f) of the Internal Revenue Code and Notice 2013-59 for more information. Freetaxusa 2011 If there is a sale or other disposition of your property (including a transfer at death) before you can use the full amount of any outstanding carryover of your disallowed section 179 deduction, neither you nor the new owner can deduct any of the unused amount. Freetaxusa 2011 Instead, you must add it back to the property's basis. Freetaxusa 2011 Partnerships and Partners The section 179 deduction limits apply both to the partnership and to each partner. Freetaxusa 2011 The partnership determines its section 179 deduction subject to the limits. Freetaxusa 2011 It then allocates the deduction among its partners. Freetaxusa 2011 Each partner adds the amount allocated from partnerships (shown on Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc. Freetaxusa 2011 ) to his or her nonpartnership section 179 costs and then applies the dollar limit to this total. Freetaxusa 2011 To determine any reduction in the dollar limit for costs over $2,000,000, the partner does not include any of the cost of section 179 property placed in service by the partnership. Freetaxusa 2011 After the dollar limit (reduced for any nonpartnership section 179 costs over $2,000,000) is applied, any remaining cost of the partnership and nonpartnership section 179 property is subject to the business income limit. Freetaxusa 2011 Partnership's taxable income. Freetaxusa 2011   For purposes of the business income limit, figure the partnership's taxable income by adding together the net income and losses from all trades or businesses actively conducted by the partnership during the year. Freetaxusa 2011 See the Instructions for Form 1065 for information on how to figure partnership net income (or loss). Freetaxusa 2011 However, figure taxable income without regard to credits, tax-exempt income, the section 179 deduction, and guaranteed payments under section 707(c) of the Internal Revenue Code. Freetaxusa 2011 Partner's share of partnership's taxable income. Freetaxusa 2011   For purposes of the business income limit, the taxable income of a partner engaged in the active conduct of one or more of a partnership's trades or businesses includes his or her allocable share of taxable income derived from the partnership's active conduct of any trade or business. Freetaxusa 2011 Example. Freetaxusa 2011 In 2013, Beech Partnership placed in service section 179 property with a total cost of $2,025,000. Freetaxusa 2011 The partnership must reduce its dollar limit by $25,000 ($2,025,000 − $2,000,000). Freetaxusa 2011 Its maximum section 179 deduction is $475,000 ($500,000 − $25,000), and it elects to expense that amount. Freetaxusa 2011 The partnership's taxable income from the active conduct of all its trades or businesses for the year was $600,000, so it can deduct the full $475,000. Freetaxusa 2011 It allocates $40,000 of its section 179 deduction and $50,000 of its taxable income to Dean, one of its partners. Freetaxusa 2011 In addition to being a partner in Beech Partnership, Dean is also a partner in the Cedar Partnership, which allocated to him a $30,000 section 179 deduction and $35,000 of its taxable income from the active conduct of its business. Freetaxusa 2011 He also conducts a business as a sole proprietor and, in 2013, placed in service in that business qualifying section 179 property costing $55,000. Freetaxusa 2011 He had a net loss of $5,000 from that business for the year. Freetaxusa 2011 Dean does not have to include section 179 partnership costs to figure any reduction in his dollar limit, so his total section 179 costs for the year are not more than $2,000,000 and his dollar limit is not reduced. Freetaxusa 2011 His maximum section 179 deduction is $500,000. Freetaxusa 2011 He elects to expense all of the $70,000 in section 179 deductions allocated from the partnerships ($40,000 from Beech Partnership plus $30,000 from Cedar Partnership), plus $55,000 of his sole proprietorship's section 179 costs, and notes that information in his books and records. Freetaxusa 2011 However, his deduction is limited to his business taxable income of $80,000 ($50,000 from Beech Partnership, plus $35,000 from Cedar Partnership minus $5,000 loss from his sole proprietorship). Freetaxusa 2011 He carries over $45,000 ($125,000 − $80,000) of the elected section 179 costs to 2014. Freetaxusa 2011 He allocates the carryover amount to the cost of section 179 property placed in service in his sole proprietorship, and notes that allocation in his books and records. Freetaxusa 2011 Different tax years. Freetaxusa 2011   For purposes of the business income limit, if the partner's tax year and that of the partnership differ, the partner's share of the partnership's taxable income for a tax year is generally the partner's distributive share for the partnership tax year that ends with or within the partner's tax year. Freetaxusa 2011 Example. Freetaxusa 2011 John and James Oak are equal partners in Oak Partnership. Freetaxusa 2011 Oak Partnership uses a tax year ending January 31. Freetaxusa 2011 John and James both use a tax year ending December 31. Freetaxusa 2011 For its tax year ending January 31, 2013, Oak Partnership's taxable income from the active conduct of its business is $80,000, of which $70,000 was earned during 2012. Freetaxusa 2011 John and James each include $40,000 (each partner's entire share) of partnership taxable income in computing their business income limit for the 2013 tax year. Freetaxusa 2011 Adjustment of partner's basis in partnership. Freetaxusa 2011   A partner must reduce the basis of his or her partnership interest by the total amount of section 179 expenses allocated from the partnership even if the partner cannot currently deduct the total amount. Freetaxusa 2011 If the partner disposes of his or her partnership interest, the partner's basis for determining gain or loss is increased by any outstanding carryover of disallowed section 179 expenses allocated from the partnership. Freetaxusa 2011 Adjustment of partnership's basis in section 179 property. Freetaxusa 2011   The basis of a partnership's section 179 property must be reduced by the section 179 deduction elected by the partnership. Freetaxusa 2011 This reduction of basis must be made even if a partner cannot deduct all or part of the section 179 deduction allocated to that partner by the partnership because of the limits. Freetaxusa 2011 S Corporations Generally, the rules that apply to a partnership and its partners also apply to an S corporation and its shareholders. Freetaxusa 2011 The deduction limits apply to an S corporation and to each shareholder. Freetaxusa 2011 The S corporation allocates its deduction to the shareholders who then take their section 179 deduction subject to the limits. Freetaxusa 2011 Figuring taxable income for an S corporation. Freetaxusa 2011   To figure taxable income (or loss) from the active conduct by an S corporation of any trade or business, you total the net income and losses from all trades or businesses actively conducted by the S corporation during the year. Freetaxusa 2011   To figure the net income (or loss) from a trade or business actively conducted by an S corporation, you take into account the items from that trade or business that are passed through to the shareholders and used in determining each shareholder's tax liability. Freetaxusa 2011 However, you do not take into account any credits, tax-exempt income, the section 179 deduction, and deductions for compensation paid to shareholder-employees. Freetaxusa 2011 For purposes of determining the total amount of S corporation items, treat deductions and losses as negative income. Freetaxusa 2011 In figuring the taxable income of an S corporation, disregard any limits on the amount of an S corporation item that must be taken into account when figuring a shareholder's taxable income. Freetaxusa 2011 Other Corporations A corporation's taxable income from its active conduct of any trade or business is its taxable income figured with the following changes. Freetaxusa 2011 It is figured before deducting the section 179 deduction, any net operating loss deduction, and special deductions (as reported on the corporation's income tax return). Freetaxusa 2011 It is adjusted for items of income or deduction included in the amount figured in 1, above, not derived from a trade or business actively conducted by the corporation during the tax year. Freetaxusa 2011 How Do You Elect the Deduction? You elect to take the section 179 deduction by completing Part I of Form 4562. Freetaxusa 2011 If you elect the deduction for listed property (described in chapter 5), complete Part V of Form 4562 before completing Part I. Freetaxusa 2011 For property placed in service in 2013, file Form 4562 with either of the following. Freetaxusa 2011 Your original 2013 tax return, whether or not you file it timely. Freetaxusa 2011 An amended return for 2013 filed within the time prescribed by law. Freetaxusa 2011 An election made on an amended return must specify the item of section 179 property to which the election applies and the part of the cost of each such item to be taken into account. Freetaxusa 2011 The amended return must also include any resulting adjustments to taxable income. Freetaxusa 2011 You must keep records that show the specific identification of each piece of qualifying section 179 property. Freetaxusa 2011 These records must show how you acquired the property, the person you acquired it from, and when you placed it in service. Freetaxusa 2011 Election for certain qualified section 179 real property. Freetaxusa 2011   You can elect to expense certain qualified real property that you placed in service as section 179 property for tax years beginning in 2013. Freetaxusa 2011 If you elect to treat this property as section 179 property, you must elect the application of the special rules for qualified real property described in section 179(f) of the Internal Revenue Code. Freetaxusa 2011   To make the election, attach a statement indicating you are “electing the application of section 179(f) of the Internal Revenue Code” with either of the following. Freetaxusa 2011 Your original 2013 tax return, whether or not you file it timely. Freetaxusa 2011 An amended return for 2013 filed within the time prescribed by law. Freetaxusa 2011 The amended return must also include any adjustments to taxable income. Freetaxusa 2011   The statement should indicate your election to expense certain qualified real property under section 179(f) on your return. Freetaxusa 2011 It must specify one or more of the three types of qualified property (described under Qualified real property ) to which the election applies, the cost of each such type, and the portion of the cost of each such property to be taken into account. Freetaxusa 2011 Also, report this on line 6 of Form 4562. Freetaxusa 2011    The maximum section 179 expense deduction that can be taken for qualified section 179 real property is limited to $250,000. Freetaxusa 2011 Revoking an election. Freetaxusa 2011   An election (or any specification made in the election) to take a section 179 deduction for 2013 can be revoked without IRS approval by filing an amended return. Freetaxusa 2011 The amended return must be filed within the time prescribed by law. Freetaxusa 2011 The amended return must also include any resulting adjustments to taxable income. Freetaxusa 2011 Once made, the revocation is irrevocable. Freetaxusa 2011 When Must You Recapture the Deduction? You may have to recapture the section 179 deduction if, in any year during the property's recovery period, the percentage of business use drops to 50% or less. Freetaxusa 2011 In the year the business use drops to 50% or less, you include the recapture amount as ordinary income in Part IV of Form 4797. Freetaxusa 2011 You also increase the basis of the property by the recapture amount. Freetaxusa 2011 Recovery periods for property are discussed under Which Recovery Period Applies in chapter 4 . Freetaxusa 2011 If you sell, exchange, or otherwise dispose of the property, do not figure the recapture amount under the rules explained in this discussion. Freetaxusa 2011 Instead, use the rules for recapturing depreciation explained in chapter 3 of Publication 544 under Section 1245 Property. Freetaxusa 2011 For qualified real property (described earlier), see Notice 2013-59 for determining the portion of the gain that is attributable to section 1245 property upon the sale or other disposition of qualified real property. Freetaxusa 2011 If the property is listed property (described in chapter 5 ), do not figure the recapture amount under the rules explained in this discussion when the percentage of business use drops to 50% or less. Freetaxusa 2011 Instead, use the rules for recapturing excess depreciation in chapter 5 under What Is the Business-Use Requirement. Freetaxusa 2011 Figuring the recapture amount. Freetaxusa 2011   To figure the amount to recapture, take the following steps. Freetaxusa 2011 Figure the depreciation that would have been allowable on the section 179 deduction you claimed. Freetaxusa 2011 Begin with the year you placed the property in service and include the year of recapture. Freetaxusa 2011 Subtract the depreciation figured in (1) from the section 179 deduction you claimed. Freetaxusa 2011 The result is the amount you must recapture. Freetaxusa 2011 Example. Freetaxusa 2011 In January 2011, Paul Lamb, a calendar year taxpayer, bought and placed in service section 179 property costing $10,000. Freetaxusa 2011 The property is not listed property. Freetaxusa 2011 The property is 3-year property. Freetaxusa 2011 He elected a $5,000 section 179 deduction for the property and also elected not to claim a special depreciation allowance. Freetaxusa 2011 He used the property only for business in 2011 and 2012. Freetaxusa 2011 In 2013, he used the property 40% for business and 60% for personal use. Freetaxusa 2011 He figures his recapture amount as follows. Freetaxusa 2011 Section 179 deduction claimed (2011) $5,000. Freetaxusa 2011 00 Minus: Allowable depreciation using Table A-1 (instead of section 179 deduction):   2011 $1,666. Freetaxusa 2011 50   2012 2,222. Freetaxusa 2011 50   2013 ($740. Freetaxusa 2011 50 × 40% (business)) 296. Freetaxusa 2011 20 4,185. Freetaxusa 2011 20 2013 — Recapture amount $ 814. Freetaxusa 2011 80 Paul must include $814. Freetaxusa 2011 80 in income for 2013. Freetaxusa 2011 If any qualified zone property placed in service during the year ceases to be used in an empowerment zone by an enterprise zone business in a later year, the benefit of the increased section 179 deduction must be reported as other income on your return. Freetaxusa 2011 Prev  Up  Next   Home   More Online Publications