American Recovery and Reinvestment Act-Part 3 of 3
The American Recovery and Reinvestment Act of 2009 was chocked full of many tax relief items to individual taxpayers and small businesses. While the specifics of the Act were subjected to many last minute changes in both the House and Senate, the outcome reflects Congress’ attempt to give targeted tax benefits to the middle and lower class Americans. At the same time, it seeks to boost economic recovery by allowing small businesses certain tax breaks. In the last of three newsletter articles, we will discuss some of the small business tax breaks enacted.
Bonus Depreciation
The 50% first-year bonus depreciation is extended through 2009. The election to accelerate AMT and research credits in lieu of taking the bonus depreciation is also extended to qualifying property placed in service through 2009. Special rules apply to taxpayers who had already made this election for property placed in service in 2008.
The increase in the section 179 expensing amount to $250,000 and the increase in the phase-out threshold to $800,000 are both extended through 2009. The amounts had originally been temporarily increased by the Economic Stimulus Act of 2008.
Carryback of Small Business NOLs
Eligible small businesses are allowed to carry their 2008 net operating losses (NOLs) back for five years. An eligible small business is one that has average gross receipts of $15 million or less (using gross receipts test from section 446(c)).
Small Business Estimated Taxes
Qualified individuals are allowed (for 2009 only) to make estimated tax payments that equal only 90% of their preceding tax year liability instead of 100%. To be a qualified individual, the taxpayer must have adjusted gross income of less than $500,000, and more than 50% of the individual’s gross income must come from a small business (a business with an average of fewer than 500 employees).
Work Opportunity Tax Credit
The act creates two new targeted groups for the work opportunity tax credit: “disconnected youth” and unemployed veterans. Employers who hire members of these groups during 2009 or 2010 may be eligible to take the credit.
This wraps up our final discussion of the American Recovery and Reinvestment Act of 2009 that discussed individual tax breaks and small business tax breaks. For additional information, please talk with Brent McClure at Kiesling Associates.

