Publication 553 |
2008 Tax Year |
2.
Tax Changes for Businesses
Depreciation and Section 179 Deduction
Increased section 179 limits.
The maximum section 179 deduction you can elect for qualified section 179 property you placed in service in 2007 has
increased to $125,000
($160,000 for qualified enterprise zone property and qualified renewal community property). This limit is reduced by the amount
by which the cost of
section 179 property placed in service in the tax year exceeds $500,000. For qualified section 179 Gulf Opportunity (GO) Zone
property, the maximum
deduction is higher than the deduction for most other section 179 property. See chapter 2 of Publication 946, How to Depreciate
Property.
Depreciation limits on business vehicles.
The total depreciation deduction (including the section 179 deduction) you can take for a passenger automobile (that
is not a truck or a van) you
use in your business and first placed in service in 2007 is $3,060. The maximum deduction you can take for a truck or a van
you use in your business
and first placed in service in 2007 is $3,260. See Maximum Depreciation Deduction in chapter 5 of Publication 946.
These limits are reduced if the business use of the vehicle is less than 100%.
Limited applicability of the special depreciation allowance for Liberty Zone property.
The special depreciation allowances for qualified New York Liberty Zone property does not apply to most property placed
in service after 2006.
However, if you placed qualified nonresidential real property or qualified residential rental property in service during the
tax year, you may still
be able to claim the special depreciation allowance. See chapter 3 of Publication 946 and the 2007 Instructions for Form 4562.
The maximum amount of net earnings subject to the social security part of the self-employment tax for tax years beginning
in 2007 is $97,500. All
net earnings of at least $400 are subject to the Medicare part of the tax.
Social Security and Medicare Taxes
The maximum amount of wages subject to the social security tax for 2007 is $97,500. There is no limit on the amount of wages
subject to the
Medicare tax.
Generally, if you and your spouse jointly own and operate an unincorporated business and share in the profits and losses,
you are partners in a
partnership and you must file Form 1065, U.S. Return of Partnership Income.
Exception—Qualified joint venture.
Beginning in 2007, if you and your spouse each materially participate as the only members of a jointly owned and operated
business, and you file a
joint return for the tax year, you can make an election to be treated as a qualified joint venture instead of a partnership.
By making the election,
you will not be required to file Form 1065 for any year the election is in effect and will instead report the income and deductions
directly on your
joint return. If you and your spouse filed a Form 1065 for the year prior to the election, the partnership terminates at the
end of the tax year
immediately preceding the year the election takes effect.
Note.
Mere joint ownership of property that is not a trade or business does not qualify for the election.
Making the election.
To make this election, you must divide all items of income, gain, loss, deduction, and credit attributable to the
business between you and your
spouse in accordance with your respective interests in the venture. Each of you must file a separate Schedule C, C-EZ, or
F. On each line of your
separate Schedule C, C-EZ, or F, you must enter your share of the applicable income, deduction, or loss. Each of you must
also file a separate
Schedule SE to pay self-employment tax, as applicable.
If you have employees or otherwise need an employer identification number (EIN) for the business, please see
www.irs.gov, keyword “ qualified joint venture,” for
more information.
If you and your spouse make the election for your rental real estate business, you must each report your share of
income and deductions on Schedule
C or C-EZ instead of Schedule E. Rental real estate income generally is not included in net earnings from self-employment
subject to self-employment
tax and generally is subject to the passive loss limitation rules. Electing qualified joint venture status and using the Schedule
C or C-EZ does not
alter the application of the self-employment tax or the passive loss limitation rules. For a rental real estate business not
subject to
self-employment tax, enter “ Exempt-QJV” on Form 1040, line 58, and do not file Schedule SE, unless you had other income subject to
self-employment tax. If you had other net earnings from self-employment of $400 or more, enter “ Exempt-QJV” and the amount of your net
profit from the rental real estate business from Schedule C or C-EZ on the dotted line to the left of Schedule SE, line 3.
Subtract that amount from
the total of lines 1 and 2 and enter the result on line 3. Use the amount on line 3 to calculate your self-employment tax
that will be reported on
Form 1040, line 58. Do not enter “ Exempt-QJV” on Form 1040, line 58.
Once made, the election can only be revoked with the permission of the IRS. However, the election technically remains
in effect only for as long as
the spouses filing as a qualified joint venture continue to meet the requirements for filing the election. If the spouses
fail to meet the qualified
joint venture requirements for a year, a new election will be necessary for any future year in which the spouses meet the
requirements to be treated
as a qualified joint venture.
Self-Employed Health Insurance Deduction
Partners and more-than-2% shareholders in an S corporation may be able to claim this deduction when the insurance policy is
in the name of the
partner or shareholder. You can either pay the premiums yourself or the partnership or S corporation can pay them. However,
if you pay the premiums
yourself, you must be reimbursed by the partnership or S corporation to claim the deduction. For more information, see chapter
6 of Publication 535,
Business Expenses.
Domestic Production Activities Deduction Increased
For tax years beginning in 2007, 2008, or 2009, the percentage used to figure the domestic production activities deduction
increases to 6%. For
more information on this deduction, see Form 8903, Domestic Production Activities Deduction, and its instructions.
Employer-Owned Life Insurance Contracts
Generally, a policyholder owning one or more employer-owned life insurance contracts issued after August 17, 2006, is required
to file a report for
each tax year the contract(s) is owned. However, you are not required to file a report for any tax year ending before November
14, 2007. For more
information, see Form 8925, Report of Employer-Owned Life Insurance Contracts.
Credit for Employer Social Security and Medicare Taxes Paid on Certain Employee Tips
For tips received for services performed after 2006, the amount of tips for any month that is used to figure the credit must
be reduced by the
amount by which the wages that would have been payable during that month at $5.15 an hour exceed the wages (excluding tips)
paid by the employer
during that month.
For tax years beginning after 2006, the credit is allowed against both the regular tax and the AMT.
The work opportunity credit has been extended to cover members of targeted groups who begin work for you before September
1, 2011. For tax years
beginning after 2006, the credit is allowed against both the regular tax and the AMT. For more information about this credit,
see Form 5884, Work
Opportunity Credit.
Members of targeted groups.
For employees who begin work for you after 2006:
-
Long-term family assistance recipients are members of a targeted group (if hired before 2007, see Form 8861, Welfare-to-Work
Credit).
-
Ex-felons are no longer required to be a member of a low-income family.
-
Food stamp recipients must be at least age 18 when hired, but not age 40 or older.
For individuals who begin work for you after May 25, 2007:
-
The qualified veterans group is expanded to include veterans entitled to compensation for a service-connected disability and
who, during the
one-year period ending on the hiring date, were (a) discharged or released from active duty in the U.S. Armed Forces or (b)
unemployed for a period or
periods totaling at least 6 months. The first-year wages taken into account for these disabled veterans is $12,000.
-
The high-risk youth group has been renamed “designated community residents” and the age requirement has been changed to include
individuals who are at least age 18 but not yet age 40. In addition, residents of rural renewal counties who meet this age
requirement have been added
to this group.
For more information, see Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit,
and its instructions.
Alternative Fuel Vehicle Refueling Property Credit
For refueling property placed in service after 2005, the $30,000 and $1,000 credit limitations apply to each location at which
property is placed
in service. Also, the definition of alternative fuel is revised. For more information, see Form 8911, Alternative Fuel Vehicle
Refueling Property
Credit.
Low Sulfur Diesel Fuel Production Credit
Additional guidance is available on obtaining the required certification of qualified costs. Also, for tax years ending after
2002, the adjustment
required when you deduct qualified costs and also claim the low sulfur diesel fuel production credit is clarified. For more
information, see Form
8896, Low Sulfur Diesel Fuel Production Credit.
Fringe Benefit Parking Exclusion and Commuter Transportation Benefit
You can generally exclude a limited amount of the value of qualified parking and commuter highway vehicle transportation and
transit passes you
provide to an employee from the employee's wages subject to employment taxes. For 2007, the monthly exclusion for qualified
parking increases to $215
and the monthly exclusion for commuter highway vehicle transportation and transit passes increases to $110. See Qualified Transportation
Benefits on page 17 of Publication 15-B, Employer's Tax Guide to Fringe Benefits (For Benefits Provided in 2007).
Eligibility.
For 2007, a qualifying high deductible health plan (HDHP) must have a deductible of at least $1,100 for self-only
coverage or $2,200 for family
coverage and must limit annual out-of-pocket expenses of the beneficiary to $5,500 for self-only coverage and $11,000 for
family coverage.
Employer contributions.
Up to specified dollar limits, you can generally exclude your contributions (must be in cash) to the health savings
account (HSA) of a qualified
individual (determined monthly) from federal income tax withholding, social security tax, Medicare tax, and FUTA tax. For
2007, you can contribute up
to the following amounts to a qualified individual's HSA.
-
$2,850 for self-only coverage or $5,650 for family coverage.
-
$3,650 for self-only coverage or $6,450 for family coverage for qualified individuals who are age 55 or older at any time
during the
year.
Employers are allowed to make larger HSA contributions for a nonhighly compensated employee than for a highly compensated
employee.
For more information, see Health Savings Accounts on page 13 of Publication 15-B.
The following changes affect S corporations.
-
The capital gain of an S corporation is not treated as passive investment income. This applies to tax years beginning after
May 25, 2007.
For details, see Internal Revenue Code section 1362(d)(3).
-
Generally, restricted bank director stock is not taken into account as outstanding stock of an S corporation. This applies
to tax years
beginning after 2006. For details, see Internal Revenue Code section 1361(f).
-
A special rule applies to banks required to change from the reserve method of accounting on becoming an S corporation. This
applies to tax
years beginning after 2006. For details, see Internal Revenue Code section 1361(g).
-
If a qualified subchapter S subsidiary no longer qualifies because of a sale of its stock, new rules apply as to how such
a sale is treated.
This applies to tax years beginning after 2006. For details, see Internal Revenue Code section 1361(b)(3)(C).
-
Certain S corporations may be able to eliminate all earnings and profits attributable to tax years beginning before 1983.
See Public Law
110-28, section 8235.
-
An electing small business trust may be able to deduct interest expense on indebtedness it incurred to acquire stock in an
S corporation.
This applies to tax years beginning after 2006. For details, see Internal Revenue Code section 641(c)(2).
-
For tax years ending on or after December 31, 2007, certain corporations with reasonable cause for not timely filing Form
2553, Election by
a Small Business Corporation, can request to have the form treated as timely filed by filing it as an attachment to Form 1120S,
U.S. Income Tax Return
for an S Corporation. For more information, see Form 2553 and its instructions.
Penalty for Late Filing of a Partnership Return
For returns required to be filed after December 20, 2007, the late filing penalty is increased to $85 for each month or part
of a month (up to 12
months) the return is late or does not contain the required information, multiplied by the total number of persons who were
partners in the
partnership during any part of the partnership's tax year for which the return is due. For more information, see the Instructions
for Form 1065 or the
Instructions for Form 1065-B, U.S. Return of Income for Electing Large Partnerships.
Penalty for Late Filing of an S Corporation Return
For returns required to be filed after December 20, 2007, a new penalty may be charged if the return is filed after the due
date (including
extensions) or the return does not show all required information. The penalty is $85 for each month or part of a month (up
to 12 months) the return is
late or does not contain the required information, multiplied by the total number of persons who were shareholders in the
corporation during any part
of the corporation's tax year for which the return is due. For more information, see the Instructions for Form 1120S.
Certain Transfers of Qualifying Geothermal or Mineral Interests
A 25% exclusion from gross income is allowed for long-term capital gain from certain conservation sales of qualifying mineral
and geothermal
interests located on eligible federal land. The sale must be to an eligible entity and occur after December 19, 2006. An excise
tax may be imposed if
an eligible entity fails to take steps consistent with the protection of conservation purposes.
For details, including the geographical location of eligible federal land, see section 403 of Title IV, Division C, of the
Tax Relief and Health
Care Act of 2006. Also see Form 8924, Excise Tax on Certain Transfers of Qualifying Geothermal or Mineral Interests, when
it is released.
In determining your net operating loss (NOL), you can no longer treat income and expenses attributable to qualified timber
property located in the
GO Zone, Rita GO Zone, or Wilma GO Zone as attributable to a farming business for 2007 or later years.
See When To Use an NOL in Publication 536, Net Operating Losses (NOL) for Individuals, Estates, and Trusts.
Depreciation and Section 179 Deduction
Increased section 179 limits.
The maximum section 179 deduction you can elect for qualified section 179 property you placed in service in tax years
that begin in 2008, has
increased to $250,000 ($285,000 for qualified enterprise zone property and qualified renewal community property). This limit
is reduced by the amount
by which the cost of section 179 property placed in service in the tax year exceeds $800,000. For qualified section 179 Gulf
Opportunity (GO) Zone
property placed in service in certain counties and parishes of the GO Zone, the maximum deduction is higher than the deduction
for most other section
179 property.
Depreciation limits on business vehicles.
The total depreciation deduction (including the section 179 deduction) you can take for a passenger automobile (that
is not a truck or a van) you
use in your business and first placed in service in 2008 is $2,960 ($10,960 for automobiles for which the special depreciation
allowances applies).
The maximum deduction you can take for a truck or a van you use in your business and first placed in service in 2008 is $3,160
($11,160 for trucks or
vans for which the special depreciation allowance applies).
These limits are reduced if the business use of the vehicle is less than 100%.
Special depreciation allowance for certain property.
You may be able to take an additional first year special depreciation allowance for certain qualified property (defined
below). The allowance is an
additional deduction of 50% of the property's depreciable basis (after any section 179 deduction and before figuring your
regular depreciation
deduction).
Property that qualifies for this special depreciation allowance includes the following.
-
Tangible property depreciated under the modified accelerated cost recovery system (MACRS) with a recovery period of 20 years
or
less.
-
Water utility property.
-
Off-the-shelf computer software.
-
Qualified leasehold improvement property.
Qualified property must also meet all of the following tests.
-
You must have acquired qualified property by purchase after 2007 and before 2009. If a binding contract to acquire the property
existed
before 2008, the property does not qualify.
-
Qualified property must be placed in service after 2007 and before 2009 (before 2010 for certain transportation property and
certain
property with a long production period).
-
The original use of the property must begin with you after 2007.
Property that does not qualify for the special depreciation allowance includes the following.
-
Property placed in service and disposed of in the same tax year.
-
Property converted from business use to personal use in the same tax year it is acquired. Property converted from personal
use to business
use in the same or later tax year may be qualified GO Zone property.
-
Property required to be depreciated under the alternative depreciation system (ADS).
-
Property included in a class of property for which you elected not to claim the special depreciation allowance.
Fiscal year taxpayers with a tax year beginning in 2007 and ending in 2008 should use Form 4562-FY, Depreciation and
Amortization, to claim the special depreciation allowance.
Meal Expenses When Subject to “Hours of Service” Limits
In general, you can deduct only 50% of your business-related meal expenses. However, for 2008 and later years, you can deduct
80% of meal expenses
while traveling away from your tax home for business purposes if the meals take place during or incident to any period subject
to the Department of
Transportation's “hours of service” limits. Business meal expenses are covered in chapter 1 of Publication 463. Reimbursements for employee meal
expenses are covered in chapter 11 of Publication 535.
The maximum amount of net earnings subject to the social security part of the self-employment tax for tax years beginning
in 2008 is $102,000. All
net earnings of at least $400 are subject to the Medicare part of the tax.
Social Security and Medicare Taxes
The maximum amount of wages subject to the social security tax for 2008 is $102,000. There is no limit on the amount of wages
subject to the
Medicare tax.
Federal Unemployment Tax Act (FUTA) Tax Rate
The 6.2% FUTA tax rate has been extended through calendar year 2008. It was scheduled to decrease to 6.0% after 2007.
Maximum Automobile Value for Using the Cents-Per-Mile Valuation Rule
For 2008, an employer providing a passenger automobile for the first time for the personal use by an employee may determine
the value of the
personal use by using the vehicle cents-per-mile value rule if the vehicle's fair market value on the date it is first made
available to the employee
does not exceed $15,000 for a passenger automobile other than a truck or van, or $15,900 for a truck or van. For more information,
see
Cents-Per-Mile Rule on page 20 of Publication 15-B, Employer's Tax Guide to Fringe Benefits.
Fringe Benefit Parking Exclusion and Commuter Transportation Benefit
You can generally exclude a limited amount of the value of qualified parking and commuter highway vehicle transportation and
transit passes you
provide to an employee from the employee's wages. For 2008, the monthly exclusion for qualified parking increases to $220
and the monthly exclusion
for commuter highway vehicle transportation and transit passes increases to $115. See Qualified Transportation Benefits on page 17 of
Publication 15-B.
Eligibility.
For 2008, a qualifying high deductible health plan (HDHP) must have a deductible of at least $1,100 for self-only
coverage or $2,200 for family
coverage and must limit annual out-of-pocket expenses of the beneficiary to $5,600 for self-only coverage and $11,200 for
family coverage.
Employer contributions.
Up to specified dollar limits, you can generally exclude your contributions (must be in cash) to the health savings
account (HSA) of a qualified
individual (determined monthly) from federal income tax withholding, social security tax, Medicare tax, and FUTA tax. For
2008, you can contribute up
to the following amounts to a qualified individual's HSA.
-
$2,900 for self-only coverage or $5,800 for family coverage.
-
$3,800 for self-only coverage or $6,700 for family coverage for qualified individuals who are age 55 or older at any time
during the
year.
Employers are allowed to make larger HSA contributions for a nonhighly compensated employee than for a highly compensated
employee.
For more information, see Health Savings Accounts on page 12 of Publication 15-B.
Nonqualified Deferred Compensation Plans
Generally, all amounts deferred under a nonqualified deferred compensation plan for the tax year and all preceding tax years
are included in your
employees' wages in the current year, unless the plan meets certain requirements. These requirements were stated in Notice
2005-1. However, portions
of that notice were obsoleted and replaced by final regulations that were effective for tax years beginning after 2007. For
more information, see
Treasury Decision (T.D.) 9321, 2007-19 I.R.B. 1123, available at
www.irs.gov/irb/2007-19_IRB/ar02.html.
Penalty for Late Filing of a Partnership Return
For returns required to be filed for tax years beginning in 2008, the penalty is increased to $86 for each month or part of
a month (up to 12
months) the return is late or does not contain the required information, multiplied by the total number of persons who were
partners in the
partnership during any part of the partnership's tax year for which the return is due.
In addition to certain provisions discussed earlier, the following tax benefits expired as shown below.
-
Credit for increasing research activities (research credit) (for amounts paid or incurred after 2007).
-
Indian employment credit (for tax years beginning after 2007).
-
Railroad track maintenance credit (for tax years beginning after 2007).
-
Eligibility of certain biomass and synthetic fuels produced at certain qualified facilities for the nonconventional source
fuel credit (for
sales after 2007).
-
Energy efficient appliance credit (for appliances produced after 2007).
-
Shorter recovery periods for qualified Indian reservation property (for property placed in service after 2007).
-
Fifteen-year property classification for qualified leasehold improvements and restaurant property (for property placed in
service after
2007).
-
Seven-year property classification for a qualified motorsports entertainment complex (for property placed in service after
2007).
-
Suspension of the 100% taxable income limit on percentage depletion for oil and natural gas from marginal properties (for
tax years
beginning after 2007).
-
Special rules for contributions of food and book inventories (for contributions made after 2007).
-
Special rule for corporate contributions of computer technology or equipment for educational purposes (for contributions made
in tax years
beginning after 2007).
-
Environmental cleanup (remediation) costs deduction (for costs paid or incurred after 2007).
-
Reforestation expense deduction increase for certain small timber producers (for expenses paid or incurred after 2007).
-
Shareholder basis adjustment for stock of S corporations making charitable contributions of property (for tax years beginning
after
2007).
-
Certain tax incentives based on the designation of the District of Columbia Enterprise Zone (for any period after 2007).
-
American Samoa economic development credit (for tax years beginning after 2007).
-
Deduction for domestic production activities in Puerto Rico (for tax years beginning after 2007).
At the time this publication went to print, Congress was expected to consider legislation that would reinstate many of these
benefits. To find out
if legislation is enacted, go to www.irs.gov , click on More Forms and Publications , and then on What's Hot in forms and
publications .
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