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Free federal state tax filing Depreciation Table of Contents Introduction Special Depreciation AllowanceQualified Property Election Not To Claim the Allowance Rules for Returns Filed Before June 1, 2002 Passenger Automobiles New York Liberty Zone BenefitsSpecial Liberty Zone Depreciation Allowance Increased Section 179 Deduction Liberty Zone Leasehold Improvement Property If you depreciate business property that you acquired and placed in service after September 10, 2001, new law contains provisions that may affect your depreciation deduction for that property. Free federal state tax filing Publication 946, How To Depreciate Property, contains information on depreciation. Free federal state tax filing However, Publication 946 does not contain the new provisions because it was printed before the law was enacted. Free federal state tax filing The new provisions are in the Supplement to Publication 946, which is reprinted below. Free federal state tax filing Supplement to Publication 946 How To Depreciate Property   Introduction After Publication 946 was printed, the Job Creation and Worker Assistance Act of 2002 was signed into law by the President. Free federal state tax filing The new law made several changes in the tax rules explained in the publication. Free federal state tax filing Some of the changes apply to property placed in service during 2001. Free federal state tax filing This supplemental publication describes those changes and explains what you should do if you are affected by them. Free federal state tax filing The situations and examples in Publication 946 do not reflect any of the changes made by the Job Creation and Worker Assistance Act of 2002. Free federal state tax filing The new law contains the following provisions. Free federal state tax filing 30% depreciation deductions (special depreciation allowance and special New York Liberty Zone (Liberty Zone) depreciation allowance) for the year qualified property is placed in service after September 10, 2001. Free federal state tax filing An increased dollar limit on the section 179 deduction for qualified Liberty Zone property purchased after September 10, 2001. Free federal state tax filing A shorter recovery period for qualified Liberty Zone leasehold improvement property placed in service after September 10, 2001. Free federal state tax filing An increase in the maximum depreciation deduction for 2001 for a qualified passenger automobile placed in service after September 10, 2001. Free federal state tax filing If you believe you qualify for an increased deduction under any of these new rules, you must file the revised 2001 Form 4562 (dated March 2002) for 2001 calendar or fiscal years and 2000 fiscal years ending after September 10, 2001. Free federal state tax filing If you have already filed a tax return, this supplemental publication explains how to claim these benefits and how to elect not to claim the special depreciation allowance or special Liberty Zone depreciation allowance. Free federal state tax filing See Table 2 at the end of the supplement for an overview of the rules that apply if you filed your return before June 1, 2002. Free federal state tax filing Special Depreciation Allowance You can take a special depreciation allowance for qualified property you place in service after September 10, 2001. Free federal state tax filing The allowance is an additional deduction of 30% of the property's depreciable basis. Free federal state tax filing To figure the depreciable basis, you must first multiply the property's cost or other basis by the percentage of business/investment use and then reduce that amount by any section 179 deduction and certain other deductions and credits for the property. Free federal state tax filing See What Is the Basis for Depreciation? on page 23 in Publication 946 for more information on figuring depreciable basis. Free federal state tax filing The allowance is deductible for both regular tax and alternative minimum tax (AMT) purposes. Free federal state tax filing There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Free federal state tax filing In the year you claim the allowance (generally the year you place the property in service), you must reduce the depreciable basis of the property by the allowance before figuring your regular depreciation deduction. Free federal state tax filing Example 1. Free federal state tax filing On November 1, 2001, you bought and placed in service in your business qualified property that cost $100,000. Free federal state tax filing You did not elect to claim a section 179 deduction. Free federal state tax filing You can deduct 30% of the cost ($30,000) as a special depreciation allowance for 2001. Free federal state tax filing You use the remaining $70,000 of cost to figure your regular depreciation deduction for 2001 and later years. Free federal state tax filing Example 2. Free federal state tax filing The facts are the same as in Example 1, except that you choose to deduct $24,000 of the property's cost as a section 179 deduction. Free federal state tax filing You use the remaining $76,000 of cost to figure your special depreciation allowance of $22,800 ($76,000 × 30%). Free federal state tax filing You use the remaining $53,200 of cost to figure your regular depreciation deduction for 2001 and later years. Free federal state tax filing Qualified Property To qualify for the special depreciation allowance, your property must meet the following requirements. Free federal state tax filing It is new property of one of the following types. Free federal state tax filing Property depreciated under the modified accelerated cost recovery system (MACRS) with a recovery period of 20 years or less. Free federal state tax filing See Can You Use MACRS To Depreciate Your Property and Which Recovery Period Applies? on pages 7 and 23, respectively, in Publication 946. Free federal state tax filing Water utility property. Free federal state tax filing See 25-year property on page 22 in Publication 946. Free federal state tax filing Computer software that is not a section 197 intangible as described in Computer software on page 5 in Publication 946. Free federal state tax filing (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Free federal state tax filing ) Qualified leasehold improvement property (defined later). Free federal state tax filing It meets the following tests (explained later under Tests To Be Met). Free federal state tax filing Acquisition date test. Free federal state tax filing Placed in service date test. Free federal state tax filing Original use test. Free federal state tax filing It is not excepted property (explained later under Excepted Property). Free federal state tax filing Qualified leasehold improvement property. Free federal state tax filing    Generally, this is any improvement to an interior part of a building that is nonresidential real property, provided all of the following requirements are met. Free federal state tax filing The improvement is made under or pursuant to a lease by the lessee (or any sublessee) or the lessor of that part of the building. Free federal state tax filing That part of the building is to be occupied exclusively by the lessee (or any sublessee) of that part. Free federal state tax filing The improvement is placed in service more than 3 years after the date the building was first placed in service. Free federal state tax filing   However, a qualified leasehold improvement does not include any improvement for which the expenditure is attributable to any of the following. Free federal state tax filing The enlargement of the building. Free federal state tax filing Any elevator or escalator. Free federal state tax filing Any structural component benefiting a common area. Free federal state tax filing The internal structural framework of the building. Free federal state tax filing   Generally, a binding commitment to enter into a lease is treated as a lease and the parties to the commitment are treated as the lessor and lessee. Free federal state tax filing However, a binding commitment between related persons is not treated as a lease. Free federal state tax filing Related persons. Free federal state tax filing   For this purpose, the following are related persons. Free federal state tax filing Members of an affiliated group. Free federal state tax filing The persons listed in items (1) through (9) under Related persons on page 8 of Publication 946 (except that “80% or more” should be substituted for “more than 10%” each place it appears). Free federal state tax filing An executor and a beneficiary of the same estate. Free federal state tax filing Tests To Be Met To qualify for the special depreciation allowance, the property must meet all of the following tests. Free federal state tax filing Acquisition date test. Free federal state tax filing    Generally, you must have acquired the property either: After September 10, 2001, and before September 11, 2004, but only if no written binding contract for the acquisition was in effect before September 11, 2001, or Pursuant to a written binding contract entered into after September 10, 2001, and before September 11, 2004. Free federal state tax filing   Property you manufacture, construct, or produce for your own use meets this test if you began the manufacture, construction, or production of the property after September 10, 2001, and before September 11, 2004. Free federal state tax filing Placed in service date test. Free federal state tax filing   Generally, the property must be placed in service for use in your trade or business or for the production of income after September 10, 2001, and before January 1, 2005. Free federal state tax filing   If you sold property you placed in service after September 10, 2001, and you leased it back within 3 months after the property was originally placed in service, the property is treated as placed in service no earlier than the date it is used under the leaseback. Free federal state tax filing Original use test. Free federal state tax filing   The original use of the property must have begun with you after September 10, 2001. Free federal state tax filing “Original use” means the first use to which the property is put, whether or not by you. Free federal state tax filing Additional capital expenditures you incurred after September 10, 2001, to recondition or rebuild your property meet the original use test. Free federal state tax filing Excepted Property The following property does not qualify for the special depreciation allowance. Free federal state tax filing Property used by any person before September 11, 2001. Free federal state tax filing Property required to be depreciated using ADS. Free federal state tax filing This includes listed property used 50% or less in a qualified business use. Free federal state tax filing Qualified New York Liberty Zone leasehold improvement property (defined next). Free federal state tax filing Qualified New York Liberty Zone leasehold improvement property. Free federal state tax filing   This is any qualified leasehold improvement property (as defined earlier) if all of the following requirements are met. Free federal state tax filing The improvement is to a building located in the New York Liberty Zone (defined later under New York Liberty Zone Benefits). Free federal state tax filing The improvement is placed in service after September 10, 2001, and before January 1, 2007. Free federal state tax filing No written binding contract for the improvement was in effect before September 11, 2001. Free federal state tax filing Election Not To Claim the Allowance You can elect not to claim the special depreciation allowance for qualified property. Free federal state tax filing If you make this election for any property, it applies to all property in the same property class placed in service during the year. Free federal state tax filing To make this election, attach a statement to your return indicating you elect not to claim the allowance and the class of property for which you are making the election. Free federal state tax filing When to make election. Free federal state tax filing   Generally, you must make the election on a timely filed tax return (including extensions) for the year in which you place the property in service. Free federal state tax filing   However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the original return (not including extensions). Free federal state tax filing Attach the election statement to the amended return. Free federal state tax filing At the top of the election statement, write “Filed pursuant to section 301. Free federal state tax filing 9100–2. Free federal state tax filing ” Revoking an election. Free federal state tax filing   Once you elect not to deduct the special depreciation allowance for a class of property, you cannot revoke the election without IRS consent. Free federal state tax filing A request to revoke the election is subject to a user fee. Free federal state tax filing Rules for Returns Filed Before June 1, 2002 The following rules apply if you placed qualified property in service after September 10, 2001, and filed your return before June 1, 2002. Free federal state tax filing The rules apply to returns for the following years. Free federal state tax filing 2000 fiscal years that end after September 10, 2001. Free federal state tax filing 2001 calendar and fiscal years. Free federal state tax filing Claiming the allowance. Free federal state tax filing   If you did not claim the allowance on your return and did not make the election not to claim the allowance, you can do either of the following to claim the allowance. Free federal state tax filing File an amended return by the due date (not including extensions) of your return for the year following the year the property was placed in service. Free federal state tax filing Write “Filed Pursuant to Rev. Free federal state tax filing Proc. Free federal state tax filing 2002–33” at the top of the amended return. Free federal state tax filing File Form 3115, Application for Change in Accounting Method, with your return for the year following the year the property was placed in service. Free federal state tax filing Your return must be filed by the due date (including extensions). Free federal state tax filing Write “Automatic Change Filed Under Rev. Free federal state tax filing Proc. Free federal state tax filing 2002–33” on the appropriate line of Form 3115. Free federal state tax filing You must also file a copy (with signature) of the completed Form 3115 with the IRS National Office no later than when you file the original with your return. Free federal state tax filing For more information about filing Form 3115, including the address to send it to, see Revenue Procedure 2002–9, Revenue Procedure 2002–19, and Revenue Procedure 2002–33. Free federal state tax filing Example 1. Free federal state tax filing You are an individual and you use the calendar year. Free federal state tax filing You placed qualified property in service for your business in December 2001. Free federal state tax filing You filed your 2001 income tax return before April 15, 2002. Free federal state tax filing You did not claim the special depreciation allowance for the property and did not make the election not to claim the allowance. Free federal state tax filing You can claim the special allowance by filing an amended 2001 return by April 15, 2003, with “Filed Pursuant to Rev. Free federal state tax filing Proc. Free federal state tax filing 2002–33” at the top of the amended return. Free federal state tax filing You must file an amended return by April 15, 2003, even if you get an extension of time to file your 2002 tax return. Free federal state tax filing Example 2. Free federal state tax filing The facts concerning your 2001 return are the same as in Example 1. Free federal state tax filing In addition, you got an automatic 4-month extension of time (to August 15, 2003) to file your 2002 return. Free federal state tax filing You can claim the special allowance by filing a Form 3115 (with “Filed Pursuant to Rev. Free federal state tax filing Proc. Free federal state tax filing 2002–33” on the appropriate line) with your 2002 return by August 15, 2003. Free federal state tax filing You must also file a copy of this Form 3115 with the IRS National Office no later than when you file your 2002 return. Free federal state tax filing Electing not to claim the allowance. Free federal state tax filing   Generally, you have elected not to claim the special depreciation allowance for a class of property if you: Filed your return timely (including extensions) for the year you placed qualified property in service and indicated on a statement with the return that you are not claiming the allowance, or Filed your return timely and filed an amended return within 6 months of the due date of the original return (not including extensions) and indicated on a statement with the amended return that you are not claiming the allowance. Free federal state tax filing The statement must indicate that you are not deducting the special depreciation allowance and the class of property to which the election applies. Free federal state tax filing The statement can be either attached to or written on the return. Free federal state tax filing You can, for example, write “not deducting 30%” on Form 4562. Free federal state tax filing Deemed election. Free federal state tax filing   If you have not followed either of the procedures described above to elect not to claim the allowance, you may still be treated as making the election. Free federal state tax filing You will be treated as making the election if you meet both of the following conditions. Free federal state tax filing You filed your return for the year you placed the property in service and claimed depreciation, but not the special allowance, for any class of property. Free federal state tax filing You do not file an amended return or a Form 3115 within the time prescribed for claiming the special allowance. Free federal state tax filing See Claiming the allowance, earlier. Free federal state tax filing Passenger Automobiles The limit on your depreciation deduction (including any section 179 deduction) for any passenger automobile that is qualified property (defined earlier) placed in service after September 10, 2001, and for which you claim the special depreciation allowance is increased. Free federal state tax filing Generally, the limit is increased from $3,060 to $7,660. Free federal state tax filing However, if the automobile is a qualified electric car, the limit is increased from $9,280 to $23,080 ($22,980 if placed in service in 2002). Free federal state tax filing Table 1 shows the maximum deduction amounts for 2001. Free federal state tax filing Table 1. Free federal state tax filing Maximum Deduction for 2001 Qualified Vehicle Placed in Service Before Sept. Free federal state tax filing 11 Placed in Service After Sept. Free federal state tax filing 10 Passenger automobile $3,060 $7,660 Electric car 9,280 23,080 1 1$22,980 if you place an electric car in service in 2002. Free federal state tax filing Election not to claim the allowance. Free federal state tax filing   The increased maximum depreciation deduction does not apply if you elected not to claim the special depreciation allowance as explained earlier under Election Not To Claim the Allowance and Rules for Returns Filed Before June 1, 2002. Free federal state tax filing New York Liberty Zone Benefits Several benefits are available for property you place in service in the New York Liberty Zone (Liberty Zone). Free federal state tax filing They include a special depreciation allowance for the year you place the property in service, an increased section 179 deduction, and the classification of certain leasehold improvement property as 5-year property. Free federal state tax filing Area defined. Free federal state tax filing   The New York Liberty Zone is the area located on or south of Canal Street, East Broadway (east of its intersection with Canal Street), or Grand Street (east of its intersection with East Broadway) in the Borough of Manhattan in the City of New York, New York. Free federal state tax filing Special Liberty Zone Depreciation Allowance You can take a special depreciation allowance for qualified Liberty Zone property you place in service after September 10, 2001. Free federal state tax filing The allowance is an additional deduction of 30% of the property's depreciable basis. Free federal state tax filing To figure the depreciable basis, you must first multiply the property's cost or other basis by the percentage of business/investment use and then reduce that amount by any section 179 deduction and certain other deductions and credits for the property. Free federal state tax filing See What Is the Basis for Depreciation? on page 23 in Publication 946 for more information on figuring depreciable basis. Free federal state tax filing The allowance is deductible for both regular tax and alternative minimum tax (AMT) purposes. Free federal state tax filing There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Free federal state tax filing In the year you claim the allowance (generally the year you place the property in service), you must reduce the depreciable basis of the property by the allowance before figuring your regular depreciation deduction. Free federal state tax filing You cannot claim the special Liberty Zone depreciation allowance for property eligible for the special depreciation allowance explained earlier in Qualified Property under Special Depreciation Allowance. Free federal state tax filing Qualified property is eligible for only one special depreciation allowance. Free federal state tax filing Example 1. Free federal state tax filing On November 1, 2001, you bought and placed in service in your business, which is in the Liberty Zone, qualified Liberty Zone property that cost $200,000. Free federal state tax filing You did not elect to claim a section 179 deduction. Free federal state tax filing You can deduct 30% of the cost ($60,000) as a special Liberty Zone depreciation allowance for 2001. Free federal state tax filing You use the remaining $140,000 of cost to figure your regular depreciation deduction for 2001 and later years. Free federal state tax filing Example 2. Free federal state tax filing The facts are the same as in Example 1, except that you choose to deduct $59,000 of the property's cost as a section 179 deduction. Free federal state tax filing (See Increased Section 179 Deduction, later, for information concerning how this section 179 deduction amount is figured). Free federal state tax filing You use the remaining $141,000 of cost to figure your special Liberty Zone depreciation allowance of $42,300 ($141,000 × 30%). Free federal state tax filing You use the remaining $98,700 of cost to figure your regular depreciation deduction for 2001 and later years. Free federal state tax filing Qualified Liberty Zone Property For a 2001 calendar or fiscal year and a 2000 fiscal year that ends after September 10, 2001, property qualifies for the special Liberty Zone depreciation allowance if it meets the following requirements. Free federal state tax filing It is one of the following types of property. Free federal state tax filing Used property depreciated under MACRS with a recovery period of 20 years or less. Free federal state tax filing See Can You Use MACRS To Depreciate Your Property and Which Recovery Period Applies? on pages 7 and 23, respectively, in Publication 946. Free federal state tax filing Used water utility property. Free federal state tax filing See 25-year property on page 22 in Publication 946. Free federal state tax filing Used computer software that is not a section 197 intangible as described in Computer software on page 5 in Publication 946. Free federal state tax filing (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Free federal state tax filing ) Certain nonresidential real property and residential rental property (defined later). Free federal state tax filing It meets the following tests (explained later under Tests to be met). Free federal state tax filing Acquisition date test. Free federal state tax filing Placed in service date test. Free federal state tax filing Substantial use test. Free federal state tax filing Original use test. Free federal state tax filing It is not excepted property (explained later under Excepted property). Free federal state tax filing Nonresidential real property and residential rental property. Free federal state tax filing   This property is qualifying property only to the extent it rehabilitates real property damaged, or replaces real property destroyed or condemned, as a result of the terrorist attack of September 11, 2001. Free federal state tax filing Property is treated as replacing destroyed or condemned property if, as part of an integrated plan, such property replaces real property included in a continuous area that includes real property destroyed or condemned. Free federal state tax filing   For these purposes, real property is considered destroyed (or condemned) only if an entire building or structure was destroyed (or condemned) as a result of the terrorist attack. Free federal state tax filing Otherwise, the property is considered damaged real property. Free federal state tax filing For example, if certain structural components of a building (such as walls, floors, or plumbing fixtures) are damaged or destroyed as a result of the terrorist attack, but the building is not destroyed (or condemned), then only costs related to replacing the damaged or destroyed structural components qualify for the special Liberty Zone depreciation allowance. Free federal state tax filing Tests to be met. Free federal state tax filing   To qualify for the special Liberty Zone depreciation allowance, your property must meet all of the following tests. Free federal state tax filing Acquisition date test. Free federal state tax filing   You must have acquired the property by purchase after September 10, 2001, and there must not have been a binding written contract for the acquisition in effect before September 11, 2001. Free federal state tax filing   For information on the acquisition of property by purchase, see Property Acquired by Purchase on page 15 of Publication 946. Free federal state tax filing   Property you manufacture, construct, or produce for your own use meets this test if you began the manufacture, construction, or production of the property after September 10, 2001. Free federal state tax filing Placed in service date test. Free federal state tax filing   Generally, the property must be placed in service for use in your trade or business or for the production of income before January 1, 2007 (January 1, 2010, in the case of qualifying nonresidential real property and residential rental property). Free federal state tax filing   If you sold property you placed in service after September 10, 2001, and you leased it back within 3 months after the property was originally placed in service, the property is treated as placed in service no earlier than the date it is used under the leaseback. Free federal state tax filing Substantial use test. Free federal state tax filing   Substantially all use of the property must be in the Liberty Zone and in the active conduct of your trade or business in the Liberty Zone. Free federal state tax filing Original use test. Free federal state tax filing   The original use of the property in the Liberty Zone must have begun with you after September 10, 2001. Free federal state tax filing   Used property can be qualified Liberty Zone property if it has not previously been used within the Liberty Zone. Free federal state tax filing Also, additional capital expenditures you incurred after September 10, 2001, to recondition or rebuild your property meet the original use test if the original use of the property in the Liberty Zone began with you. Free federal state tax filing Excepted property. Free federal state tax filing   The following property does not qualify for the special Liberty Zone depreciation allowance. Free federal state tax filing Property eligible for the special depreciation allowance explained earlier in Qualified Property under Special Depreciation Allowance. Free federal state tax filing Property required to be depreciated using ADS. Free federal state tax filing This includes listed property used 50% or less in a qualified business use. Free federal state tax filing Qualified New York Liberty Zone leasehold improvement property (defined earlier in Excepted Property under Special Depreciation Allowance). Free federal state tax filing Example. Free federal state tax filing In December 2001, you bought and placed in service in your business in the Liberty Zone the following property. Free federal state tax filing New office furniture with a MACRS recovery period of 7 years. Free federal state tax filing A used computer with a MACRS recovery period of 5 years. Free federal state tax filing The computer had not previously been used within the Liberty Zone. Free federal state tax filing Because the office furniture is new property, it qualifies for the special depreciation allowance, but not the special Liberty Zone depreciation allowance. Free federal state tax filing Because the computer is used property that had not previously been used in the Liberty Zone, it qualifies for the special Liberty Zone depreciation allowance, but not the special depreciation allowance. Free federal state tax filing Election Not To Claim the Liberty Zone Allowance You can elect not to claim the special Liberty Zone depreciation allowance for qualified property. Free federal state tax filing If you make this election for any property, it applies to all property in the same property class placed in service during the year. Free federal state tax filing To make this election, attach a statement to your return indicating you elect not to claim the allowance and the class of property for which you are making the election. Free federal state tax filing When to make the election. Free federal state tax filing   Generally, you must make the election on a timely filed tax return (including extensions) for the year in which you place the property in service. Free federal state tax filing   However, if you timely filed your return for the year without making the election, you can still make the election by filing an amended return within 6 months of the due date of the original return (not including extensions). Free federal state tax filing Attach the election statement to the amended return. Free federal state tax filing At the top of the election statement, write “Filed pursuant to section 301. Free federal state tax filing 9100–2. Free federal state tax filing ” Revoking an election. Free federal state tax filing   Once you elect not to deduct the special Liberty Zone depreciation allowance for a class of property, you cannot revoke the election without IRS consent. Free federal state tax filing A request to revoke the election is subject to a user fee. Free federal state tax filing Returns filed before June 1, 2002. Free federal state tax filing   The rules that apply to the special depreciation allowance discussed earlier in Rules for Returns Filed Before June 1, 2002 under Special Depreciation Allowance also apply to the special Liberty Zone depreciation allowance. Free federal state tax filing Increased Section 179 Deduction Under section 179 of the Internal Revenue Code, you can choose 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. Free federal state tax filing For tax years beginning in 2000, that limit was $20,000. Free federal state tax filing For tax years beginning in 2001 and 2002, that limit is generally $24,000. Free federal state tax filing If the cost of qualifying section 179 property placed in service in a year is over $200,000, you must reduce the dollar limit (but not below zero) by the amount of the cost over $200,000. Free federal state tax filing Increased Dollar Limit The dollar limit on the section 179 deduction is increased for certain property placed in service in the Liberty Zone. Free federal state tax filing The increase is the smaller of the following amounts. Free federal state tax filing $35,000. Free federal state tax filing The cost of section 179 property that is qualified Liberty Zone property placed in service during the year. Free federal state tax filing If you use the revised 2001 Form 4562 (dated March 2002) for a tax year beginning in 2000, you must reduce the section 179 dollar limit to $20,000 before adding the additional amount for qualified property. Free federal state tax filing Qualified property. Free federal state tax filing   To qualify for the increased section 179 deduction, your property must be section 179 property that is either: Qualified Liberty Zone property, or Property that would be qualified Liberty Zone property except that it is eligible for the special depreciation allowance. Free federal state tax filing Qualified Liberty Zone property is explained earlier in Qualified Liberty Zone Property under Special Liberty Zone Depreciation Allowance. Free federal state tax filing Property eligible for the special depreciation allowance is explained earlier in Qualified Property under Special Depreciation Allowance. Free federal state tax filing For information on the requirements that must be met for property to qualify for the section 179 deduction, see What Property Qualifies? on page 14 of Publication 946. Free federal state tax filing Example 1. Free federal state tax filing In 2002, you place in service in your business, which is in the Liberty Zone, qualified property (defined earlier) costing $25,000. Free federal state tax filing Because this cost is less than $35,000, the dollar limit on the section 179 deduction is increased by $25,000 to $49,000 ($24,000 + $25,000). Free federal state tax filing Example 2. Free federal state tax filing In 2002, you place in service in your business, which is in the Liberty Zone, qualified property (defined earlier) costing $75,000. Free federal state tax filing Because $35,000 is less than the cost of the property you place in service, the dollar limit on the section 179 deduction you can claim is increased by $35,000 to $59,000 ($24,000 + $35,000). Free federal state tax filing Reduced Dollar Limit Generally, you must reduce the dollar limit for a year by the cost of qualifying section 179 property placed in service in the year that is more than $200,000. Free federal state tax filing However, if the cost of your Liberty Zone property exceeds $200,000, you take into account only 50% (instead of 100%) of the cost of qualified property placed in service in a year. Free federal state tax filing Example. Free federal state tax filing In 2002, you place in service in your business, which is in the Liberty Zone, qualified property costing $460,000. Free federal state tax filing Your increased dollar limit is $59,000 ($35,000 + $24,000). Free federal state tax filing Because 50% of the cost of the property you place in service ($230,000) is $30,000 more than $200,000, you must reduce your $59,000 dollar limit to $29,000 ($59,000 - $30,000). Free federal state tax filing Recapture Rules Rules similar to those explained on page 20 of Publication 946 under When Must You Recapture the Deduction? apply with respect to any qualified property you stop using in the Liberty Zone. Free federal state tax filing Returns Filed Before June 1, 2002 If you filed a return before June 1, 2002, and did not deduct the increased section 179 amount for qualified property placed in service after September 10, 2001, you can deduct the increased amount by filing an amended return by the due date (not including extensions) of the return for the year after the year the property was placed in service. Free federal state tax filing This rule applies to returns for the following years. Free federal state tax filing 2000 fiscal years that end after September 10, 2001. Free federal state tax filing 2001 calendar and fiscal years. Free federal state tax filing On the amended return, write “Filed Pursuant to Rev. Free federal state tax filing Proc. Free federal state tax filing 2002–33. Free federal state tax filing ” Liberty Zone Leasehold Improvement Property Qualified Liberty Zone leasehold improvement property (described earlier in Qualified Property under Special Depreciation Allowance) is 5-year property. Free federal state tax filing This means that it is depreciated over a recovery period of 5 years. Free federal state tax filing For information about recovery periods, see Which Recovery Period Applies? on page 23 of Publication 946. Free federal state tax filing The straight-line method must be used with respect to qualified Liberty Zone leasehold improvement property. Free federal state tax filing Under ADS, the recovery period for qualified Liberty Zone leasehold improvement property is 9 years. Free federal state tax filing Returns Filed Before June 1, 2002 If you filed either of the following returns before June 1, 2002, and did not depreciate qualified Liberty Zone leasehold improvement property placed in service during the tax year as 5-year property using the straight line method, you should file an amended return before you file your return for the year after the year the property was placed in service. Free federal state tax filing Your 2000 fiscal year return (for a 2000 fiscal year that ends after September 10, 2001). Free federal state tax filing Your 2001 calendar or fiscal year return. Free federal state tax filing On the amended return, write “Filed Pursuant to Rev. Free federal state tax filing Proc. Free federal state tax filing 2002–33. Free federal state tax filing ” Table 2. Free federal state tax filing Rules for Returns Filed Before June 1, 2002 Note:This chart highlights the rules for returns affected by the Job Creation and Worker Assistance Act of 2002 that were filed before June 1, 2002, without accounting for any of the new benefits under the law. Free federal state tax filing See the text for definitions and examples. Free federal state tax filing Do not rely on this chart alone. Free federal state tax filing IF you want to. Free federal state tax filing . Free federal state tax filing . Free federal state tax filing THEN you. Free federal state tax filing . Free federal state tax filing . Free federal state tax filing BY. Free federal state tax filing . Free federal state tax filing . Free federal state tax filing claim the special depreciation allowance or special Liberty Zone depreciation allowance • must file an amended return • the due date (not including extensions) of your return for the year after the year the property was placed in service, or • must file Form 3115, Application for Change in Accounting Method, with your return for the year after the year the property was placed in service • the due date (including extensions) of your return for the year after the year the property was placed in service, and • must file a copy of your completed Form 3115 with the IRS National Office • the date you file the original Form 3115 with your return for the year after the year the property was placed in service. Free federal state tax filing elect not to claim the special depreciation allowance or the special Liberty Zone depreciation allowance 1 • must have filed your return timely for the year the property was placed in service, and   • must file an amended return stating you are not claiming the allowance • the date that is 6 months after the due date of the original return (not including extensions). Free federal state tax filing deduct the increased section 179 amount • must file an amended return • the due date (not including extensions) of your return for the year after the year the property was placed in service. Free federal state tax filing use a 5-year recovery period for depreciating qualified Liberty Zone leasehold improvement property • should file an amended return • the date you file your return for the year after the year the property was placed in service. Free federal state tax filing 1See also Deemed election under Rules for Returns Filed Before June 1, 2002, earlier. 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Standard Mileage Rates for 2013

R-2012-95, Nov. 21, 2012

WASHINGTON — The Internal Revenue Service today issued the 2013 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2013, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 56.5 cents per mile for business miles driven.
  • 24 cents per mile driven for medical or moving purposes.
  • 14 cents per mile driven in service of charitable organizations.

The rate for business miles driven during 2013 increases 1 cent from the 2012 rate. The medical and moving rate is also up 1 cent per mile from the 2012 rate.

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle. In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously.

These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical, or charitable expense are in Rev. Proc. 2010-51. Notice 2012-72 contains the standard mileage rates, the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that a taxpayer may use in computing the allowance under a fixed and variable rate plan.

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Page Last Reviewed or Updated: 22-Nov-2013

The Free Federal State Tax Filing

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