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2012 1040a

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2012 1040a

2012 1040a 8. 2012 1040a   Foreign Insurance Taxes Table of Contents Premium. 2012 1040a Tax is imposed on insurance policies issued by foreign insurers. 2012 1040a Any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax, or for whose use or benefit they are made, signed, issued, or sold, is liable for the tax. 2012 1040a The following tax rates apply to each dollar (or fraction thereof) of the premium paid. 2012 1040a Casualty insurance and indemnity, fidelity, and surety bonds: 4 cents. 2012 1040a For example, on a premium payment of $10. 2012 1040a 10, the tax is 44 cents. 2012 1040a Life, sickness, and accident insurance, and annuity contracts: 1 cent. 2012 1040a For example, on a premium payment of $10. 2012 1040a 10, the tax is 11 cents. 2012 1040a Reinsurance policies covering any of the taxable contracts described in items (1) and (2): 1 cent. 2012 1040a However, the tax does not apply to casualty insurance premiums paid to foreign insurers for coverage of export goods in transit to foreign destinations. 2012 1040a Premium. 2012 1040a   Premium means the agreed price or consideration for assuming and carrying the risk or obligation. 2012 1040a It includes any additional charge or assessment payable under the contract, whether in one sum or installments. 2012 1040a If premiums are refunded, claim the tax paid on those premiums as an overpayment against tax due on other premiums paid or file a claim for refund. 2012 1040a When liability attaches. 2012 1040a   The liability for this tax attaches when the premium payment is transferred to the foreign insurer or reinsurer (including transfers to any bank, trust fund, or similar recipient designated by the foreign insurer or reinsurer) or to any nonresident agent, solicitor, or broker. 2012 1040a A person can pay the tax before the liability attaches if the person keeps records consistent with that practice. 2012 1040a Who must file. 2012 1040a   The person who pays the premium to the foreign insurer (or to any nonresident person such as a foreign broker) must pay the tax and file the return. 2012 1040a Otherwise, any person who issued or sold the policy, or who is insured under the policy, is required to pay the tax and file the return. 2012 1040a    The person liable for this tax must keep accurate records that identify each policy or instrument subject to tax. 2012 1040a These records must clearly establish the type of policy or instrument, the gross premium paid, the identity of the insured and insurer, and the total premium charged. 2012 1040a If the premium is to be paid in installments, the records must also establish the amount and anniversary date of each installment. 2012 1040a   The records must be kept at the place of business or other convenient location for at least 3 years after the later of the date any part of the tax became due, or the date any part of the tax was paid. 2012 1040a During this period, the records must be readily accessible to the IRS. 2012 1040a   The person having control or possession of a policy or instrument subject to this tax must keep the policy for at least 3 years after the date any part of the tax on it was paid. 2012 1040a For information on reinsurance premiums paid from one foreign insurer to another foreign insurer, see Rev. 2012 1040a Rul. 2012 1040a 2008-15. 2012 1040a You can find Rev. 2012 1040a Rul. 2012 1040a 2008-15 on page 633 of I. 2012 1040a R. 2012 1040a B. 2012 1040a 2008-12 at www. 2012 1040a irs. 2012 1040a gov/pub/irs-irbs/irb08-12. 2012 1040a pdf. 2012 1040a Treaty-based positions under IRC 6114. 2012 1040a   You may have to file an annual report disclosing the amount of premiums exempt from United States excise tax as a result of the application of a treaty with the United States that overrides (or otherwise modifies) any provision of the Internal Revenue Code. 2012 1040a   Attach any disclosure statement to the first quarter Form 720. 2012 1040a You may be able to use Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), as a disclosure statement. 2012 1040a See the Instructions for Form 720 for information on how and where to file. 2012 1040a   See Revenue Procedure 92-14 in Cumulative Bulletin 1992-1 for procedures you can use to claim a refund of this tax under certain U. 2012 1040a S. 2012 1040a treaties. 2012 1040a Prev  Up  Next   Home   More Online Publications
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The 2012 1040a

2012 1040a 2. 2012 1040a   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. 2012 1040a This is the section 179 deduction. 2012 1040a You can elect the section 179 deduction instead of recovering the cost by taking depreciation deductions. 2012 1040a Estates and trusts cannot elect the section 179 deduction. 2012 1040a 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. 2012 1040a It also explains when and how to recapture the deduction. 2012 1040a 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. 2012 1040a What Property Qualifies? To qualify for the section 179 deduction, your property must meet all the following requirements. 2012 1040a It must be eligible property. 2012 1040a It must be acquired for business use. 2012 1040a It must have been acquired by purchase. 2012 1040a It must not be property described later under What Property Does Not Qualify . 2012 1040a The following discussions provide information about these requirements and exceptions. 2012 1040a Eligible Property To qualify for the section 179 deduction, your property must be one of the following types of depreciable property. 2012 1040a Tangible personal property. 2012 1040a 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. 2012 1040a Single purpose agricultural (livestock) or horticultural structures. 2012 1040a See chapter 7 of Publication 225 for definitions and information regarding the use requirements that apply to these structures. 2012 1040a Storage facilities (except buildings and their structural components) used in connection with distributing petroleum or any primary product of petroleum. 2012 1040a Off-the-shelf computer software. 2012 1040a Qualified real property (described below). 2012 1040a Tangible personal property. 2012 1040a   Tangible personal property is any tangible property that is not real property. 2012 1040a It includes the following property. 2012 1040a Machinery and equipment. 2012 1040a 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. 2012 1040a Gasoline storage tanks and pumps at retail service stations. 2012 1040a Livestock, including horses, cattle, hogs, sheep, goats, and mink and other furbearing animals. 2012 1040a   The treatment of property as tangible personal property for the section 179 deduction is not controlled by its treatment under local law. 2012 1040a 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. 2012 1040a Off-the-shelf computer software. 2012 1040a   Off-the-shelf computer software placed in service during the tax year is qualifying property for purposes of the section 179 deduction. 2012 1040a 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. 2012 1040a It includes any program designed to cause a computer to perform a desired function. 2012 1040a 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. 2012 1040a Qualified real property. 2012 1040a   You can elect to treat certain qualified real property you placed in service as section 179 property for tax years beginning in 2013. 2012 1040a 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. 2012 1040a 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. 2012 1040a For more information, see Special rules for qualified section 179 real property, later. 2012 1040a Also, see Election for certain qualified section 179 real property, later, for information on how to make this election. 2012 1040a Qualified leasehold improvement property. 2012 1040a   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. 2012 1040a   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. 2012 1040a 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. 2012 1040a Examples include the following. 2012 1040a A complete liquidation of a subsidiary. 2012 1040a A transfer to a corporation controlled by the transferor. 2012 1040a An exchange of property by a corporation solely for stock or securities in another corporation in a reorganization. 2012 1040a Qualified restaurant property. 2012 1040a   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. 2012 1040a 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. 2012 1040a Qualified retail improvement property. 2012 1040a   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. 2012 1040a 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. 2012 1040a The improvement is placed in service more than 3 years after the date the building was first placed in service. 2012 1040a 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. 2012 1040a 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. 2012 1040a 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. 2012 1040a Examples include the following. 2012 1040a A complete liquidation of a subsidiary. 2012 1040a A transfer to a corporation controlled by the transferor. 2012 1040a An exchange of property by a corporation solely for stock or securities in another corporation in a reorganization. 2012 1040a 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. 2012 1040a 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. 2012 1040a Partial business use. 2012 1040a   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. 2012 1040a If you use the property more than 50% for business, multiply the cost of the property by the percentage of business use. 2012 1040a Use the resulting business cost to figure your section 179 deduction. 2012 1040a Example. 2012 1040a May Oak bought and placed in service an item of section 179 property costing $11,000. 2012 1040a She used the property 80% for her business and 20% for personal purposes. 2012 1040a The business part of the cost of the property is $8,800 (80% × $11,000). 2012 1040a Property Acquired by Purchase To qualify for the section 179 deduction, your property must have been acquired by purchase. 2012 1040a For example, property acquired by gift or inheritance does not qualify. 2012 1040a Property is not considered acquired by purchase in the following situations. 2012 1040a It is acquired by one component member of a controlled group from another component member of the same group. 2012 1040a 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. 2012 1040a It is acquired from a related person. 2012 1040a Related persons. 2012 1040a   Related persons are described under Related persons earlier. 2012 1040a 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. 2012 1040a Example. 2012 1040a Ken Larch is a tailor. 2012 1040a He bought two industrial sewing machines from his father. 2012 1040a He placed both machines in service in the same year he bought them. 2012 1040a They do not qualify as section 179 property because Ken and his father are related persons. 2012 1040a He cannot claim a section 179 deduction for the cost of these machines. 2012 1040a What Property Does Not Qualify? Certain property does not qualify for the section 179 deduction. 2012 1040a This includes the following. 2012 1040a Land and Improvements Land and land improvements do not qualify as section 179 property. 2012 1040a Land improvements include swimming pools, paved parking areas, wharves, docks, bridges, and fences. 2012 1040a 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. 2012 1040a Certain property you lease to others (if you are a noncorporate lessor). 2012 1040a Certain property used predominantly to furnish lodging or in connection with the furnishing of lodging. 2012 1040a Air conditioning or heating units. 2012 1040a Property used predominantly outside the United States, except property described in section 168(g)(4) of the Internal Revenue Code. 2012 1040a 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. 2012 1040a Property used by governmental units or foreign persons or entities, except property used under a lease with a term of less than 6 months. 2012 1040a Leased property. 2012 1040a   Generally, you cannot claim a section 179 deduction based on the cost of property you lease to someone else. 2012 1040a This rule does not apply to corporations. 2012 1040a However, you can claim a section 179 deduction for the cost of the following property. 2012 1040a Property you manufacture or produce and lease to others. 2012 1040a Property you purchase and lease to others if both the following tests are met. 2012 1040a The term of the lease (including options to renew) is less than 50% of the property's class life. 2012 1040a 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. 2012 1040a Property used for lodging. 2012 1040a   Generally, you cannot claim a section 179 deduction for property used predominantly to furnish lodging or in connection with the furnishing of lodging. 2012 1040a However, this does not apply to the following types of property. 2012 1040a 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. 2012 1040a 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. 2012 1040a Any certified historic structure to the extent its basis is due to qualified rehabilitation expenditures. 2012 1040a Any energy property. 2012 1040a Energy property. 2012 1040a   Energy property is property that meets the following requirements. 2012 1040a It is one of the following types of property. 2012 1040a 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. 2012 1040a 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. 2012 1040a Equipment used to produce, distribute, or use energy derived from a geothermal deposit. 2012 1040a For electricity generated by geothermal power, this includes equipment up to (but not including) the electrical transmission stage. 2012 1040a Qualified fuel cell property or qualified microturbine property placed in service after December 31, 2005, and before January 1, 2017. 2012 1040a The construction, reconstruction, or erection of the property must be completed by you. 2012 1040a For property you acquire, the original use of the property must begin with you. 2012 1040a 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. 2012 1040a   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). 2012 1040a How Much Can You Deduct? Your section 179 deduction is generally the cost of the qualifying property. 2012 1040a However, the total amount you can elect to deduct under section 179 is subject to a dollar limit and a business income limit. 2012 1040a These limits apply to each taxpayer, not to each business. 2012 1040a However, see Married Individuals under Dollar Limits , later. 2012 1040a For a passenger automobile, the total section 179 deduction and depreciation deduction are limited. 2012 1040a See Do the Passenger Automobile Limits Apply in chapter 5 . 2012 1040a 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. 2012 1040a Trade-in of other property. 2012 1040a   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. 2012 1040a Example. 2012 1040a Silver Leaf, a retail bakery, traded two ovens having a total adjusted basis of $680 for a new oven costing $1,320. 2012 1040a They received an $800 trade-in allowance for the old ovens and paid $520 in cash for the new oven. 2012 1040a The bakery also traded a used van with an adjusted basis of $4,500 for a new van costing $9,000. 2012 1040a They received a $4,800 trade-in allowance on the used van and paid $4,200 in cash for the new van. 2012 1040a Only the portion of the new property's basis paid by cash qualifies for the section 179 deduction. 2012 1040a Therefore, Silver Leaf's qualifying costs for the section 179 deduction are $4,720 ($520 + $4,200). 2012 1040a 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. 2012 1040a 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. 2012 1040a You do not have to claim the full $500,000. 2012 1040a 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. 2012 1040a 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. 2012 1040a 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. 2012 1040a Example. 2012 1040a In 2013, you bought and placed in service $500,000 in machinery and a $25,000 circular saw for your business. 2012 1040a You elect to deduct $475,000 for the machinery and the entire $25,000 for the saw, a total of $500,000. 2012 1040a This is the maximum amount you can deduct. 2012 1040a Your $25,000 deduction for the saw completely recovered its cost. 2012 1040a Your basis for depreciation is zero. 2012 1040a The basis for depreciation of your machinery is $25,000. 2012 1040a You figure this by subtracting your $475,000 section 179 deduction for the machinery from the $500,000 cost of the machinery. 2012 1040a Situations affecting dollar limit. 2012 1040a   Under certain circumstances, the general dollar limits on the section 179 deduction may be reduced or increased or there may be additional dollar limits. 2012 1040a The general dollar limit is affected by any of the following situations. 2012 1040a The cost of your section 179 property placed in service exceeds $2,000,000. 2012 1040a Your business is an enterprise zone business. 2012 1040a You placed in service a sport utility or certain other vehicles. 2012 1040a You are married filing a joint or separate return. 2012 1040a 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. 2012 1040a 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. 2012 1040a Example. 2012 1040a In 2013, Jane Ash placed in service machinery costing $2,100,000. 2012 1040a This cost is $100,000 more than $2,000,000, so she must reduce her dollar limit to $400,000 ($500,000 − $100,000). 2012 1040a 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. 2012 1040a 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. 2012 1040a 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). 2012 1040a Note. 2012 1040a   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). 2012 1040a 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. 2012 1040a 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. 2012 1040a 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. 2012 1040a Married Individuals If you are married, how you figure your section 179 deduction depends on whether you file jointly or separately. 2012 1040a 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. 2012 1040a 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. 2012 1040a You must allocate the dollar limit (after any reduction) between you equally, unless you both elect a different allocation. 2012 1040a If the percentages elected by each of you do not total 100%, 50% will be allocated to each of you. 2012 1040a Example. 2012 1040a Jack Elm is married. 2012 1040a He and his wife file separate returns. 2012 1040a Jack bought and placed in service $2,000,000 of qualified farm machinery in 2013. 2012 1040a His wife has her own business, and she bought and placed in service $30,000 of qualified business equipment. 2012 1040a Their combined dollar limit is $470,000. 2012 1040a This is because they must figure the limit as if they were one taxpayer. 2012 1040a They reduce the $500,000 dollar limit by the $30,000 excess of their costs over $2,000,000. 2012 1040a They elect to allocate the $470,000 dollar limit as follows. 2012 1040a $446,500 ($470,000 x 95%) to Mr. 2012 1040a Elm's machinery. 2012 1040a $23,500 ($470,000 x 5%) to Mrs. 2012 1040a Elm's equipment. 2012 1040a 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. 2012 1040a Joint return after filing separate returns. 2012 1040a   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. 2012 1040a The dollar limit (after reduction for any cost of section 179 property over $2,000,000). 2012 1040a The total cost of section 179 property you and your spouse elected to expense on your separate returns. 2012 1040a Example. 2012 1040a 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. 2012 1040a After the due date of their returns, they file a joint return. 2012 1040a Their dollar limit for the section 179 deduction is $32,000. 2012 1040a This is the lesser of the following amounts. 2012 1040a $470,000—The dollar limit less the cost of section 179 property over $2,000,000. 2012 1040a $32,000—The total they elected to expense on their separate returns. 2012 1040a 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. 2012 1040a 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. 2012 1040a Any cost not deductible in one year under section 179 because of this limit can be carried to the next year. 2012 1040a Special rules apply to a 2013 deduction of qualified section 179 real property that is disallowed because of the business income limit. 2012 1040a See Special rules for qualified section 179 property under Carryover of disallowed deduction, later. 2012 1040a Taxable income. 2012 1040a   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. 2012 1040a Net income or loss from a trade or business includes the following items. 2012 1040a Section 1231 gains (or losses). 2012 1040a Interest from working capital of your trade or business. 2012 1040a Wages, salaries, tips, or other pay earned as an employee. 2012 1040a For information about section 1231 gains and losses, see chapter 3 in Publication 544. 2012 1040a   In addition, figure taxable income without regard to any of the following. 2012 1040a The section 179 deduction. 2012 1040a The self-employment tax deduction. 2012 1040a Any net operating loss carryback or carryforward. 2012 1040a Any unreimbursed employee business expenses. 2012 1040a Two different taxable income limits. 2012 1040a   In addition to the business income limit for your section 179 deduction, you may have a taxable income limit for some other deduction. 2012 1040a You may have to figure the limit for this other deduction taking into account the section 179 deduction. 2012 1040a If so, complete the following steps. 2012 1040a Step Action 1 Figure taxable income without the section 179 deduction or the other deduction. 2012 1040a 2 Figure a hypothetical section 179 deduction using the taxable income figured in Step 1. 2012 1040a 3 Subtract the hypothetical section 179 deduction figured in Step 2 from the taxable income figured in Step 1. 2012 1040a 4 Figure a hypothetical amount for the other deduction using the amount figured in Step 3 as taxable income. 2012 1040a 5 Subtract the hypothetical other deduction figured in Step 4 from the taxable income figured in Step 1. 2012 1040a 6 Figure your actual section 179 deduction using the taxable income figured in Step 5. 2012 1040a 7 Subtract your actual section 179 deduction figured in Step 6 from the taxable income figured in Step 1. 2012 1040a 8 Figure your actual other deduction using the taxable income figured in Step 7. 2012 1040a Example. 2012 1040a On February 1, 2013, the XYZ corporation purchased and placed in service qualifying section 179 property that cost $500,000. 2012 1040a It elects to expense the entire $500,000 cost under section 179. 2012 1040a In June, the corporation gave a charitable contribution of $10,000. 2012 1040a A corporation's limit on charitable contributions is figured after subtracting any section 179 deduction. 2012 1040a The business income limit for the section 179 deduction is figured after subtracting any allowable charitable contributions. 2012 1040a XYZ's taxable income figured without the section 179 deduction or the deduction for charitable contributions is $520,000. 2012 1040a XYZ figures its section 179 deduction and its deduction for charitable contributions as follows. 2012 1040a Step 1– Taxable income figured without either deduction is $520,000. 2012 1040a Step 2– Using $520,000 as taxable income, XYZ's hypothetical section 179 deduction is $500,000. 2012 1040a Step 3– $20,000 ($520,000 − $500,000). 2012 1040a 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. 2012 1040a Step 5– $518,000 ($520,000 − $2,000). 2012 1040a Step 6– Using $518,000 (from Step 5) as taxable income, XYZ figures the actual section 179 deduction. 2012 1040a Because the taxable income is at least $500,000, XYZ can take a $500,000 section 179 deduction. 2012 1040a Step 7– $20,000 ($520,000 − $500,000). 2012 1040a 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. 2012 1040a Carryover of disallowed deduction. 2012 1040a   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. 2012 1040a This disallowed deduction amount is shown on line 13 of Form 4562. 2012 1040a You use the amount you carry over to determine your section 179 deduction in the next year. 2012 1040a Enter that amount on line 10 of your Form 4562 for the next year. 2012 1040a   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. 2012 1040a Your selections must be shown in your books and records. 2012 1040a For this purpose, treat section 179 costs allocated from a partnership or an S corporation as one item of section 179 property. 2012 1040a If you do not make a selection, the total carryover will be allocated equally among the properties you elected to expense for the year. 2012 1040a   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. 2012 1040a Special rules for qualified section 179 real property. 2012 1040a   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. 2012 1040a 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. 2012 1040a 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). 2012 1040a See section 179(f) of the Internal Revenue Code and Notice 2013-59 for more information. 2012 1040a 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. 2012 1040a Instead, you must add it back to the property's basis. 2012 1040a Partnerships and Partners The section 179 deduction limits apply both to the partnership and to each partner. 2012 1040a The partnership determines its section 179 deduction subject to the limits. 2012 1040a It then allocates the deduction among its partners. 2012 1040a Each partner adds the amount allocated from partnerships (shown on Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc. 2012 1040a ) to his or her nonpartnership section 179 costs and then applies the dollar limit to this total. 2012 1040a 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. 2012 1040a 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. 2012 1040a Partnership's taxable income. 2012 1040a   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. 2012 1040a See the Instructions for Form 1065 for information on how to figure partnership net income (or loss). 2012 1040a 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. 2012 1040a Partner's share of partnership's taxable income. 2012 1040a   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. 2012 1040a Example. 2012 1040a In 2013, Beech Partnership placed in service section 179 property with a total cost of $2,025,000. 2012 1040a The partnership must reduce its dollar limit by $25,000 ($2,025,000 − $2,000,000). 2012 1040a Its maximum section 179 deduction is $475,000 ($500,000 − $25,000), and it elects to expense that amount. 2012 1040a 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. 2012 1040a It allocates $40,000 of its section 179 deduction and $50,000 of its taxable income to Dean, one of its partners. 2012 1040a 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. 2012 1040a 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. 2012 1040a He had a net loss of $5,000 from that business for the year. 2012 1040a 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. 2012 1040a His maximum section 179 deduction is $500,000. 2012 1040a 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. 2012 1040a 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). 2012 1040a He carries over $45,000 ($125,000 − $80,000) of the elected section 179 costs to 2014. 2012 1040a 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. 2012 1040a Different tax years. 2012 1040a   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. 2012 1040a Example. 2012 1040a John and James Oak are equal partners in Oak Partnership. 2012 1040a Oak Partnership uses a tax year ending January 31. 2012 1040a John and James both use a tax year ending December 31. 2012 1040a 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. 2012 1040a 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. 2012 1040a Adjustment of partner's basis in partnership. 2012 1040a   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. 2012 1040a 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. 2012 1040a Adjustment of partnership's basis in section 179 property. 2012 1040a   The basis of a partnership's section 179 property must be reduced by the section 179 deduction elected by the partnership. 2012 1040a 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. 2012 1040a S Corporations Generally, the rules that apply to a partnership and its partners also apply to an S corporation and its shareholders. 2012 1040a The deduction limits apply to an S corporation and to each shareholder. 2012 1040a The S corporation allocates its deduction to the shareholders who then take their section 179 deduction subject to the limits. 2012 1040a Figuring taxable income for an S corporation. 2012 1040a   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. 2012 1040a   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. 2012 1040a However, you do not take into account any credits, tax-exempt income, the section 179 deduction, and deductions for compensation paid to shareholder-employees. 2012 1040a For purposes of determining the total amount of S corporation items, treat deductions and losses as negative income. 2012 1040a 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. 2012 1040a 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. 2012 1040a 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). 2012 1040a 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. 2012 1040a How Do You Elect the Deduction? You elect to take the section 179 deduction by completing Part I of Form 4562. 2012 1040a If you elect the deduction for listed property (described in chapter 5), complete Part V of Form 4562 before completing Part I. 2012 1040a For property placed in service in 2013, file Form 4562 with either of the following. 2012 1040a Your original 2013 tax return, whether or not you file it timely. 2012 1040a An amended return for 2013 filed within the time prescribed by law. 2012 1040a 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. 2012 1040a The amended return must also include any resulting adjustments to taxable income. 2012 1040a You must keep records that show the specific identification of each piece of qualifying section 179 property. 2012 1040a These records must show how you acquired the property, the person you acquired it from, and when you placed it in service. 2012 1040a Election for certain qualified section 179 real property. 2012 1040a   You can elect to expense certain qualified real property that you placed in service as section 179 property for tax years beginning in 2013. 2012 1040a 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. 2012 1040a   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. 2012 1040a Your original 2013 tax return, whether or not you file it timely. 2012 1040a An amended return for 2013 filed within the time prescribed by law. 2012 1040a The amended return must also include any adjustments to taxable income. 2012 1040a   The statement should indicate your election to expense certain qualified real property under section 179(f) on your return. 2012 1040a 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. 2012 1040a Also, report this on line 6 of Form 4562. 2012 1040a    The maximum section 179 expense deduction that can be taken for qualified section 179 real property is limited to $250,000. 2012 1040a Revoking an election. 2012 1040a   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. 2012 1040a The amended return must be filed within the time prescribed by law. 2012 1040a The amended return must also include any resulting adjustments to taxable income. 2012 1040a Once made, the revocation is irrevocable. 2012 1040a 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. 2012 1040a 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. 2012 1040a You also increase the basis of the property by the recapture amount. 2012 1040a Recovery periods for property are discussed under Which Recovery Period Applies in chapter 4 . 2012 1040a If you sell, exchange, or otherwise dispose of the property, do not figure the recapture amount under the rules explained in this discussion. 2012 1040a Instead, use the rules for recapturing depreciation explained in chapter 3 of Publication 544 under Section 1245 Property. 2012 1040a 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. 2012 1040a 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. 2012 1040a Instead, use the rules for recapturing excess depreciation in chapter 5 under What Is the Business-Use Requirement. 2012 1040a Figuring the recapture amount. 2012 1040a   To figure the amount to recapture, take the following steps. 2012 1040a Figure the depreciation that would have been allowable on the section 179 deduction you claimed. 2012 1040a Begin with the year you placed the property in service and include the year of recapture. 2012 1040a Subtract the depreciation figured in (1) from the section 179 deduction you claimed. 2012 1040a The result is the amount you must recapture. 2012 1040a Example. 2012 1040a In January 2011, Paul Lamb, a calendar year taxpayer, bought and placed in service section 179 property costing $10,000. 2012 1040a The property is not listed property. 2012 1040a The property is 3-year property. 2012 1040a He elected a $5,000 section 179 deduction for the property and also elected not to claim a special depreciation allowance. 2012 1040a He used the property only for business in 2011 and 2012. 2012 1040a In 2013, he used the property 40% for business and 60% for personal use. 2012 1040a He figures his recapture amount as follows. 2012 1040a Section 179 deduction claimed (2011) $5,000. 2012 1040a 00 Minus: Allowable depreciation using Table A-1 (instead of section 179 deduction):   2011 $1,666. 2012 1040a 50   2012 2,222. 2012 1040a 50   2013 ($740. 2012 1040a 50 × 40% (business)) 296. 2012 1040a 20 4,185. 2012 1040a 20 2013 — Recapture amount $ 814. 2012 1040a 80 Paul must include $814. 2012 1040a 80 in income for 2013. 2012 1040a 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. 2012 1040a Prev  Up  Next   Home   More Online Publications