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Business Incentives in the Economic Stimulus Act of 2008: A Welcome Boost for the Leasing Industry

BY Bill Bosco
March 26, 2008

The Economic Stimulus Act of 2008 HR 5140, a new tax act, was signed by President Bush on Feb. 13, 2008. The act includes benefits for individuals and for businesses. The terms of the act include two incentives designed to spur capital equipment purchases, and are estimated to create $44.8 billion in tax benefits in the form of accelerated write-offs for U.S. businesses. This article explains the terms in the tax act that impact the leasing industry, explains how the terms in the act are likely to affect leasing companies and explains how leasing companies can benefit from them.

IRS Code Section 179 Write-offs

Code Section 179 allows small businesses (measured by how much property they purchase) to deduct the full cost of a specified amount of property (equipment and off-the-shelf software are included in property) purchases in the year of acquisition. It is the same as taking a 100% depreciation deduction in year 1. The Economic Stimulus Act of 2008 increases the specified amount of qualifying property purchases that small businesses can expense immediately from $128,000 to $250,000. The purchases must have been committed to after Dec. 31, 2007 and the assets must be delivered and placed in service by Dec. 31, 2008. The threshold before the expensing is phased out is increased from $500,000 to $800,000. Once property purchases reach $1,050,000, the benefit is completely phased out. Generally, the property must be tangible personal property, which is actively used in the taxpayer's business and for which a depreciation deduction would be allowed. The property must be used more than 50% for business and must be newly purchased property. The deduction is disallowed if the taxpayer does not have taxable income for the year the property is placed in service. However, the disallowed deduction may be carried forward to a non-loss year.

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