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How Will 100% Bonus Depreciation Impact Like Kind Exchange Programs for Lessors in 2011?

BY Jeff Nelson
March 28, 2011

On Dec. 17, 2010, President Obama signed HR 4853, the “Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010″ (the “ACT”). Among other things, the ACT increased the “bonus” depreciation deduction from 50% to 100% for qualified property acquired and placed in service between Sept. 8, 2010 and Dec. 31, 2011, and it extended 50% bonus depreciation for property acquired and placed in service in calendar year 2012.

With the enactment of 100% bonus depreciation in particular, many companies with active Like Kind Exchange (“LKE”) programs are wondering whether it makes sense to suspend their LKE programs for the balance of 2011. Their logic hinges on the federal income tax impact of LKE deferrals on the tax basis of replacement property available for a 100% bonus depreciation deduction. Since gain deferred by LKE reduces the depreciable basis of replacement property, it also reduces the amount of basis that might otherwise be deducted using 100% bonus depreciation.

The impact of LKE deferrals on 100% bonus depreciation is illustrated in the example set forth in Table 1, below, where property is sold for a $10,000 realized gain and 100% bonus qualified replacement property is acquired for $25,000.

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