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DEPRECIATION

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DEPRECIATION



Depreciation - In Service and Retirement Time Period - Generally Acceptable

Alternative One

Fixed Assets Acquired

Acquired during the first half of the year Calculate depreciation for the full year.

Acquired during the second half of the year No depreciation.

Existing Assets Calculate full year depreciation.



Fixed Assets Retired or Disposed

Retired during the first half of the year No depreciation.

Retired during the second half of the year Calculate depreciation for the full year.





Alternative Two

Fixed Assets Acquired

Acquired during the year Calculate depreciation for one-half year.

Existing Assets Calculate full year depreciation.



Fixed Assets Retired or Disposed

Retired during the year Calculate depreciation for one-half year.





Alternative Three

Fixed Assets Acquired

Acquired on or before the 15th of month Calculate depreciation for the full month.

Acquired after the 15th of month No depreciation for that month.

Existing Assets Calculate full year depreciation.



Fixed Assets Retired or Disposed

Retired after the 15th of the month Calculate depreciation for the full month.

Retired on or before the 15th of month No depreciation for that month.





Alternative Four

Fixed Assets

Account balance beginning of year Calculate full year depreciation.





Alternative Five

Fixed Assets

Account balance end of year Calculate full year depreciation.





Depreciation - In Service and Retirement Time Period - Tax Purposes

Publication 534 (11/1995), Depreciating Property Placed in Service Before 1987

http://www.irs.gov/publications/p534/index.html



Publication 946 (2009), How To Depreciate Property

http://www.irs.gov/publications/p946/index.html

DEPRECIATION





The Modified Accelerated Cost Recovery System (MACRS) are the tax rules for calculating

depreciation of property used in a trade or business or for the production of income (investment use) that is

placed in service after 1986.



MACRS consists of two systems that determine how to depreciate property. The main system is the General

Depreciation System (GDS). The second system is the Alternative Depreciation System (ADS). The main

difference between the two systems is that ADS generally provides for a longer period for depreciation and uses

the straight line method of depreciation. Both systems calculate In Service and Retirement Time Period by three

conventions. These conventions determine the number of months in the year of acquisition and the year of

disposition that the cost of the property is depreciated over.



Real Property - Nonresidential and Residential Rental Property

Mid-month convention. Under this convention all property placed in service or disposed of during a month is

considered placed in service or disposed of at the midpoint of the month.



If nonresidential and residential rental property is disposed of before the end of its recovery period depreciation

is allowed using the mid-month convention. Under the mid-month convention property disposed of anytime

during a month is treated as disposed of in the middle of that month. Count the month of disposition as half a

month. The amount of depreciation to claim is determined by calculating the depreciation for the year and then

multiplying it by the months and partial month in service divided by twelve. For example if property was sold

anytime in March the property is in service for 2.5 months.



Tangible Personal Property

Half-year convention or the mid-quarter convention. If the cost of property placed in service during the last

three months of the tax year (excluding property placed in service and disposed of in the same year and any

section 179 deduction) exceeds 40% of the cost of all property placed in service for the entire year the mid-

quarter convention must be used for all property acquired in that year. Under the half-year convention all

property placed in service or disposed of during the year is considered placed in service or disposed of at the

middle of the year. Under the mid-quarter convention all property placed in service or disposed of during any

quarter is considered placed in service or disposed of at the middle of the quarter.



If tangible personal property is disposed of before the end of its recovery period depreciation is allowed using

the half-year convention or the mid-quarter convention.



Under the half-year convention property disposed of anytime during the year is treated as disposed of in the

middle of the year. The amount of depreciation to claim is determined by calculating the depreciation for the

year and then claiming half of that amount. For example if property was sold anytime during the year the

property is in service for 6 months.



Under the mid-quarter convention property disposed of anytime during the year is treated as disposed of in the

middle of the quarter. The amount of depreciation to claim is determined by calculating the depreciation for the

year and then claiming a percentage of that amount. The percentages are as follows:



First quarter of the year 12.5% (1.5 months /12)

Second quarter of the year 37.5% (4.5 months /12)

Third quarter of the year 62.5% (7.5 months /12)

Fourth quarter of the year 87.5% (10.5 months /12)



For example if property was sold anytime during the third quarter the property is in service for 7.5 months.

DEPRECIATION









Under MACRS property is assigned to one of several property classes. These property classes establish the

number of years the property is depreciated over.



Main Classes - General Depreciation System (GDS)

5-year property Automobiles, trucks, computers and peripheral equipment and office machinery.

7-year property Office furniture and fixtures.

15-year property Depreciable improvements made directly to the land or added to the land including

shrubbery, fences, roads, bridges, sidewalks, parking lots and curbs.



20-year property Farm buildings other than agricultural of horticultural structures.

27.5-year property Residential rental property.

31.5-year property Nonresidential real property placed in service before May 13, 1993.

39-year property Nonresidential real property placed in service after May 12, 1993.



Main Classes - Alternative Depreciation System (ADS)

5-year property Information systems including computers and peripheral equipment.

Automobiles, light general purpose trucks weight less than 13,000 pounds.

6-year property Data handling equipment except computers including copiers and calculators.

Heavy general purpose trucks weight 13,000 pounds or more.

10-year property Office furniture fixtures and communication equipment.

12-year property Personal property with no class life.



15-year property Single purpose agricultural and horticultural structures.

20-year property Land Improvements.

40-year property Residential rental property and nonresidential real property.







Depreciation Methods GDS System

Classes 5 and 7 (nonfarm) use the 200% declining balance rate (also called double declining balance). Tables A-

1 through A-5.



Classes 5 and 7 (farm) use the 150% declining balance rate. Tables A-14 through A-18.



Classes 15 and 20 (nonfarm and farm) use 150% declining balance rate . Tables A-14 through A-18 or Tables A-1

through A-5



Class 27.5 use straight line. Table A-6



Class 31.5 use straight line. Table A-7 Property in service prior to May 13,1993



Class 39 use straight line. Table A-7a Property in service after May 12, 1993



Classes 5, 7, 15 and 20 if elected use straight line. Tables A-8 through A-12. See note below.



Classes 5 and 7 use 150% declining balance over an ADS recovery period. Tables A-14 through A-18.



Note: The election to use the straight line method for one item in a property class applies to all property in that

class placed in service in the tax year of the election. Once made, the election cannot be changed.

DEPRECIATION









Depreciation Methods ADS System

Classes 5,6,10,12,15 and 20 use straight line. Tables A-8 through A-12.



Class 40 use straight line. Table A-13





Election to Use Alternative Depreciation System (ADS)

To use the Alternative Depreciation System (ADS) there must be an election which is included on From 4562.

ADS uses the straight line method of depreciation over fixed ADS recovery periods. The election must be made

by the tax return due date (including extensions) for the year the property is placed in service.



The election to use ADS for one item in a property class generally applies to all property in that class placed in

service in the tax year of the election. However, the election to use ADS for residential rental property and

nonresidential real property can be made on a property by property basis. Once made the election to use ADS

cannot be changed.





Depreciation and the Alternative Minimum Tax

For alternative minimum tax purposes depreciation is calculated as follows:



Property placed in service after 1986 and before 1999.



GDS Class 5 and 7 year property

AMT depreciation is computed using the 150% declining balance method and the ADS recovery period.

Tables A-14 through A-18.



GDS Class 15 and 20 year property

If the 150% declining balance method is used then the 150% declining balance method and the ADS recovery

period is used for AMT purposes. Tables A-14 through A-18.



GDS Class 27.5, 31.5, and 39 year property

AMT depreciation is computed using the straight-line method and ADS recovery period of 40 years. Table A-13





If the straight-line election is in effect for regular tax purposes (Tables A-8 through A-12) then for AMT purposes

the straight-line method and ADS recovery period must be used.



If the MACRS ADS method is used for regular tax purposes then no adjustment is required for AMT purposes as

AMT and regular tax depreciation are computed the same way on real and tangible personal property.





Property placed in service after 1998.

GDS Class 5 and 7 year property

AMT depreciation is computed using the 150% declining balance method and the GDS recovery period.

Tables A-14 through A-18.



All Other Property

For all other property placed in service after 1998 no AMT adjustment is required as AMT and regular tax

depreciation are the same.

DEPRECIATION









Listed Property

Passenger automobiles weighing 6,000 pounds or less.

A passenger automobile is any four-wheeled vehicle made primarily for use on public streets, roads, and

highways and rated at 6,000 pounds or less of unloaded gross vehicle weight (6,000 pounds or less of gross

vehicle weight for trucks and vans). It includes any part, component, or other item physically attached to the

automobile at the time of purchase or usually included in the purchase price of an automobile.



Any other property used for transportation, unless it is an excepted vehicle

Other property used for transportation includes trucks, buses, boats, airplanes, motorcycles, and any other

vehicles used to transport persons or goods.



Computers and related peripheral equipment, unless used only at a regular business establishment and owned

or leased by the person operating the establishment. A regular business establishment includes a portion of a

dwelling unit that is used both regularly and exclusively for business..



A computer is a programmable, electronically activated device capable of accepting information, applying

prescribed processes to the information, and supplying the results of those processes with or without human

intervention. It consists of a central processing unit with extensive storage, logic, arithmetic, and control

capabilities.



Cellular telephones (or similar telecommunication equipment).



Listed Property Does Not Include

The following vehicles are not considered passenger automobiles for these purposes.

An ambulance, hearse, or combination ambulance-hearse used directly in a trade or business.

A vehicle used directly in the trade or business of transporting persons or property for pay or hire.

including taxicabs.

A truck or van that is a qualified non personal use vehicle.

Clearly marked police and fire vehicles.

Unmarked vehicles used by law enforcement officers if the use is officially authorized.



Any vehicle with a loaded gross vehicle weight of over 14,000 pounds that is designed to carry cargo.

Bucket trucks (cherry pickers), cement mixers, dump trucks (including garbage trucks), flatbed trucks

and refrigerated trucks.

Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat.

Combines, cranes and derricks, and forklifts.

Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat.

Qualified moving vans

Qualified specialized utility repair trucks.



School buses used in transporting students and employees of schools

Other buses with a capacity of at least 20 passengers that are used as passenger buses.



Tractors and other special purpose farm vehicles





You can claim the section 179 deduction for listed property and depreciate listed property using GDS and a

declining balance method if the property meets the business-use requirement. To meet this requirement, listed

property must be used predominantly (more than 50% of its total use) for qualified business use. If business use

is 50% or less no section 179 deduction is allowed and the property must be depreciated by using ADS the

straight-line method over the ADS recovery period.

DEPRECIATION





The use of property to produce income in a non business activity (investment use) is not a qualified business use.

However, you can treat the investment use as business use to figure the depreciation deduction for the property

in a given year. For example if the property is used 45% for investment use and 45% for business use a total of

90% of the cost basis of the property (basis for depreciation) can be depreciated.





Special Rules for Passenger Automobiles

Unloaded Gross Vehicle Weight - 6,000 Pounds or Less

The depreciation deduction, including the Section 179 deduction, you can claim for a passenger automobile each

year is limited. The maximum depreciation deduction including Section 179 deduction for a passenger

automobile with 100% business use placed in service in year 2009 is:



Year 2009 First year $2,960

Second year $4,800

Third year $2,850

Fourth and layer years $1,775



If business use is less than 100% these limits must be reduced to the business use percentage.



Under MACRS a passenger automobile is class 5 year property. If the passenger automobile with a depreciable

basis of $12,000 was placed in service during the current year the depreciation would be calculated from Table

A-1 at 20% of the depreciable basis amounting to $2,400. The $2,400 is below the maximum deduction allowed

of $2,960. Therefore the depreciation deduction is $2,400.



If the passenger automobile has a depreciable basis of $15,000 the depreciation amounts to $3,000. The $3,000

is above the maximum deduction allowed of $2,960. Therefore the depreciation deduction is $2,960.







Special Rules for Passenger Automobiles - Trucks and Vans

Gross Vehicle Weight - 6,000 Pounds or Less

The maximum depreciation deduction including Section 179 deduction for trucks and vans with 100% business

use placed in service in year 2009 is:



Year 2009 First year $3,060

Second year $4,900

Third year $2,950

Fourth and layer years $1,775



If business use is less than 100% these limits must be reduced to the business use percentage.



Under MACRS a passenger automobile - trucks and vans - is class 5 year property. If the passenger automobile -

truck or van - with a cost basis of $18,000 was placed in service during the current year and the business use

percentage is 60% the depreciable basis is $10,800. The depreciation would be calculated from Table A-1 at

20% of the depreciable basis amounting to $2,160. The maximum amount allowed is $3,060 times the business

use percentage of 60% amounts to $1,836. The $1,836 is below the maximum deduction allowed of $2,160.

Therefore the depreciation deduction is $1,836.

DEPRECIATION





Electing the Section 179 Deduction

General Information

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. This is the section 179 deduction. You can elect the section 179 deduction

instead of recovering the cost by taking depreciation deductions.



To qualify for the section 179 deduction, your property must be one of the following types of depreciable

property:



Tangible personal property is any tangible property that is not real property. It includes the following property:

Machinery and equipment

Office equipment and signs.

Off-the-shelf computer software placed in service during the tax year is qualifying property for purposes of the

section 179 deduction. This is computer software that is readily available for purchase by the general public, is

subject to a nonexclusive license.



To qualify for the section 179 deduction, your property must have been acquired for use in your trade or

business. 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.



Partial business use. When you use property for both business and non business 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.

If you use the property more than 50% for business, multiply the cost of the property by the percentage of

business use. Use the resulting business cost to figure your section 179 deduction.



Your section 179 deduction is generally the cost of the qualifying property. However, the total amount you can

elect to deduct under section 179 is subject to a dollar limit and a business income limit. These limits apply to

each taxpayer, not to each business. Also, special rules for applying the limits for partnerships and S

corporations. For a passenger automobile, the total section 179 deduction and depreciation deduction are

limited.



Dollar Limit

The total amount you can elect to deduct under section 179 for most property placed in service in 2009 generally

cannot be more than $250,000. 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 $250,000. You do not have to claim the full $250,000.



Under certain circumstances, the general dollar limits on the section 179 deduction may be reduced or increased

or there may be additional dollar limits. The general dollar limit is affected by any of the following situations:



If the cost of your qualifying section 179 property placed in service in a year is more than $800,000, you

generally must reduce the dollar limit (but not below zero) by the amount of cost over $800,000. If the cost of

your section 179 property placed in service during 2009 is $1,050,000 or more, you cannot take a section 179

deduction.





If you are married, how you figure your section 179 deduction depends on whether you file jointly or separately.

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. If you and your spouse file

separate returns, you are treated as one taxpayer for the dollar limit, including the reduction for costs over

$800,000. You must allocate the dollar limit (after any reduction) between you equally, unless you both elect a

different allocation. If the percentages elected by each of you do not total 100%, 50% will be allocated to each of

you.

DEPRECIATION





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. 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. However, the $25,000 limit

does not apply to any vehicle:

Designed to seat more than nine passengers behind the driver's seat,





Business Income Limit

After you apply the dollar limit to determine a tentative deduction, you must apply the business income limit to

determine your actual section 179 deduction.



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. 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.





Section 179 Deduction

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.



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.



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. It does not matter if under

MACRS the property was place in service in the fourth quarter and you have to use the mid-quarter convention.





Carryover Section 179 Deduction

Any cost not deductible in one year under section 179 can be carried to the next year.



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. This disallowed deduction amount is shown on line 13

of Form 4562. You use the amount you carry over to determine your section 179 deduction in the next year.

Enter that amount on line 10 of your Form 4562 for the next year.



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. Your selections must be shown in your books and records. For this purpose,

treat section 179 costs allocated from a partnership or an S corporation as one item of section 179 property. If

you do not make a selection, the total carryover will be allocated equally among the properties you elected to

expense for the year.









Recapture Section 179 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. 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. You also increase the basis of the property by

the recapture amount.

DEPRECIATION





Revoking Section 179 Election

An election to take a section 179 deduction for 2009 can be revoked without IRS approval by filing an amended

return. The amended return must be filed within the time prescribed by law. The amended return must also

include any resulting adjustments to taxable income. Once made, the revocation is irrevocable.









Small Business is the Engine that Drives our Economy. The Men and Women who Work to make our Country Great

Should be Recognized for their Achievement and Courage in Very Difficult Economic Times.



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