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Irs Form 1040

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Irs Form 1040

Irs form 1040 Index C Change in classification Disregarded entity to corporation, Subsequent Elections Disregarded entity to partnership, Change in default classification. Irs form 1040 , Subsequent Elections Partnership to corporation, Subsequent Elections Partnership to disregarded entity, Change in default classification. Irs form 1040 , Subsequent Elections Recognition of gain or loss, Change in default classification. Irs form 1040 , Change in default classification. Irs form 1040 , Subsequent Elections Classification as a corporation, LLCs Classified as Corporations Classification as a Disregarded Entity, LLCs Classified as Disregarded Entities Classification as a Partnership, LLCs Classified as Partnerships Classification Election, LLCs Classified as Corporations Classification of an LLC Default classification, Classification of an LLC Elected classification, Classification of an LLC Comments on publication, Comments and suggestions. Irs form 1040 E Employer identification number (see Taxpayer identification number) Employment tax, Employment tax and certain excise taxes. Irs form 1040 Excise taxes, Employment tax and certain excise taxes. Irs form 1040 I Information, How to get more, How To Get More Information S Self-employment tax, Self-employment tax rule for disregarded entity LLCs. Irs form 1040 Small Business Administration, Small Business Administration Social security number (see Taxpayer identification number) Subchapter S election, LLCs Classified as Corporations Suggestions for publication, Comments and suggestions. Irs form 1040 T Tax help (see Information, How to get more) Taxpayer Advocate, Contacting your Taxpayer Advocate. Irs form 1040 Taxpayer identification number, Taxpayer identification number. Irs form 1040 Prev  Up     Home   More Online Publications
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Privacy, Governmental Liaison and Disclosure At-a-Glance

Mission
To preserve and enhance public confidence by advocating for the protection and proper use of identity information.

Overview
The security and privacy of taxpayer and employee information is one of the Service's highest priorities. As such, the Office of Privacy, Information Protection and Data Security (PIPDS) was formed in July 2007 to provide a centralized privacy program that combined responsibility for all of the major privacy programs under one office. In June 2011, the Governmental Liaison and Disclosure and Safeguards offices merged with PIPDS to form Privacy, Governmental Liaison and Disclosure.

The PGLD organization promotes public confidence through the protection of the taxpayer's personally identifiable information, such as name and Social Security number, and the prevention of threats and vulnerabilities. The organization also ensures Servicewide integrity by proactively providing leadership, policy guidance, direction and awareness for the Service’s privacy program areas. PGLD is also responsible for protecting information systems used for tax administration from unauthorized access, disruption and modification.

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Page Last Reviewed or Updated: 25-Oct-2013

The Irs Form 1040

Irs form 1040 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. Irs form 1040 Publication 946, How To Depreciate Property, contains information on depreciation. Irs form 1040 However, Publication 946 does not contain the new provisions because it was printed before the law was enacted. Irs form 1040 The new provisions are in the Supplement to Publication 946, which is reprinted below. Irs form 1040 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. Irs form 1040 The new law made several changes in the tax rules explained in the publication. Irs form 1040 Some of the changes apply to property placed in service during 2001. Irs form 1040 This supplemental publication describes those changes and explains what you should do if you are affected by them. Irs form 1040 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. Irs form 1040 The new law contains the following provisions. Irs form 1040 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. Irs form 1040 An increased dollar limit on the section 179 deduction for qualified Liberty Zone property purchased after September 10, 2001. Irs form 1040 A shorter recovery period for qualified Liberty Zone leasehold improvement property placed in service after September 10, 2001. Irs form 1040 An increase in the maximum depreciation deduction for 2001 for a qualified passenger automobile placed in service after September 10, 2001. Irs form 1040 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. Irs form 1040 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. Irs form 1040 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. Irs form 1040 Special Depreciation Allowance You can take a special depreciation allowance for qualified property you place in service after September 10, 2001. Irs form 1040 The allowance is an additional deduction of 30% of the property's depreciable basis. Irs form 1040 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. Irs form 1040 See What Is the Basis for Depreciation? on page 23 in Publication 946 for more information on figuring depreciable basis. Irs form 1040 The allowance is deductible for both regular tax and alternative minimum tax (AMT) purposes. Irs form 1040 There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Irs form 1040 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. Irs form 1040 Example 1. Irs form 1040 On November 1, 2001, you bought and placed in service in your business qualified property that cost $100,000. Irs form 1040 You did not elect to claim a section 179 deduction. Irs form 1040 You can deduct 30% of the cost ($30,000) as a special depreciation allowance for 2001. Irs form 1040 You use the remaining $70,000 of cost to figure your regular depreciation deduction for 2001 and later years. Irs form 1040 Example 2. Irs form 1040 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. Irs form 1040 You use the remaining $76,000 of cost to figure your special depreciation allowance of $22,800 ($76,000 × 30%). Irs form 1040 You use the remaining $53,200 of cost to figure your regular depreciation deduction for 2001 and later years. Irs form 1040 Qualified Property To qualify for the special depreciation allowance, your property must meet the following requirements. Irs form 1040 It is new property of one of the following types. Irs form 1040 Property depreciated under the modified accelerated cost recovery system (MACRS) with a recovery period of 20 years or less. Irs form 1040 See Can You Use MACRS To Depreciate Your Property and Which Recovery Period Applies? on pages 7 and 23, respectively, in Publication 946. Irs form 1040 Water utility property. Irs form 1040 See 25-year property on page 22 in Publication 946. Irs form 1040 Computer software that is not a section 197 intangible as described in Computer software on page 5 in Publication 946. Irs form 1040 (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Irs form 1040 ) Qualified leasehold improvement property (defined later). Irs form 1040 It meets the following tests (explained later under Tests To Be Met). Irs form 1040 Acquisition date test. Irs form 1040 Placed in service date test. Irs form 1040 Original use test. Irs form 1040 It is not excepted property (explained later under Excepted Property). Irs form 1040 Qualified leasehold improvement property. Irs form 1040    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. Irs form 1040 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. Irs form 1040 That part of the building is to be occupied exclusively by the lessee (or any sublessee) of that part. Irs form 1040 The improvement is placed in service more than 3 years after the date the building was first placed in service. Irs form 1040   However, a qualified leasehold improvement does not include any improvement for which the expenditure is attributable to any of the following. Irs form 1040 The enlargement of the building. Irs form 1040 Any elevator or escalator. Irs form 1040 Any structural component benefiting a common area. Irs form 1040 The internal structural framework of the building. Irs form 1040   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. Irs form 1040 However, a binding commitment between related persons is not treated as a lease. Irs form 1040 Related persons. Irs form 1040   For this purpose, the following are related persons. Irs form 1040 Members of an affiliated group. Irs form 1040 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). Irs form 1040 An executor and a beneficiary of the same estate. Irs form 1040 Tests To Be Met To qualify for the special depreciation allowance, the property must meet all of the following tests. Irs form 1040 Acquisition date test. Irs form 1040    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. Irs form 1040   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. Irs form 1040 Placed in service date test. Irs form 1040   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. Irs form 1040   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. Irs form 1040 Original use test. Irs form 1040   The original use of the property must have begun with you after September 10, 2001. Irs form 1040 “Original use” means the first use to which the property is put, whether or not by you. Irs form 1040 Additional capital expenditures you incurred after September 10, 2001, to recondition or rebuild your property meet the original use test. Irs form 1040 Excepted Property The following property does not qualify for the special depreciation allowance. Irs form 1040 Property used by any person before September 11, 2001. Irs form 1040 Property required to be depreciated using ADS. Irs form 1040 This includes listed property used 50% or less in a qualified business use. Irs form 1040 Qualified New York Liberty Zone leasehold improvement property (defined next). Irs form 1040 Qualified New York Liberty Zone leasehold improvement property. Irs form 1040   This is any qualified leasehold improvement property (as defined earlier) if all of the following requirements are met. Irs form 1040 The improvement is to a building located in the New York Liberty Zone (defined later under New York Liberty Zone Benefits). Irs form 1040 The improvement is placed in service after September 10, 2001, and before January 1, 2007. Irs form 1040 No written binding contract for the improvement was in effect before September 11, 2001. Irs form 1040 Election Not To Claim the Allowance You can elect not to claim the special depreciation allowance for qualified property. Irs form 1040 If you make this election for any property, it applies to all property in the same property class placed in service during the year. Irs form 1040 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. Irs form 1040 When to make election. Irs form 1040   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. Irs form 1040   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). Irs form 1040 Attach the election statement to the amended return. Irs form 1040 At the top of the election statement, write “Filed pursuant to section 301. Irs form 1040 9100–2. Irs form 1040 ” Revoking an election. Irs form 1040   Once you elect not to deduct the special depreciation allowance for a class of property, you cannot revoke the election without IRS consent. Irs form 1040 A request to revoke the election is subject to a user fee. Irs form 1040 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. Irs form 1040 The rules apply to returns for the following years. Irs form 1040 2000 fiscal years that end after September 10, 2001. Irs form 1040 2001 calendar and fiscal years. Irs form 1040 Claiming the allowance. Irs form 1040   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. Irs form 1040 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. Irs form 1040 Write “Filed Pursuant to Rev. Irs form 1040 Proc. Irs form 1040 2002–33” at the top of the amended return. Irs form 1040 File Form 3115, Application for Change in Accounting Method, with your return for the year following the year the property was placed in service. Irs form 1040 Your return must be filed by the due date (including extensions). Irs form 1040 Write “Automatic Change Filed Under Rev. Irs form 1040 Proc. Irs form 1040 2002–33” on the appropriate line of Form 3115. Irs form 1040 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. Irs form 1040 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. Irs form 1040 Example 1. Irs form 1040 You are an individual and you use the calendar year. Irs form 1040 You placed qualified property in service for your business in December 2001. Irs form 1040 You filed your 2001 income tax return before April 15, 2002. Irs form 1040 You did not claim the special depreciation allowance for the property and did not make the election not to claim the allowance. Irs form 1040 You can claim the special allowance by filing an amended 2001 return by April 15, 2003, with “Filed Pursuant to Rev. Irs form 1040 Proc. Irs form 1040 2002–33” at the top of the amended return. Irs form 1040 You must file an amended return by April 15, 2003, even if you get an extension of time to file your 2002 tax return. Irs form 1040 Example 2. Irs form 1040 The facts concerning your 2001 return are the same as in Example 1. Irs form 1040 In addition, you got an automatic 4-month extension of time (to August 15, 2003) to file your 2002 return. Irs form 1040 You can claim the special allowance by filing a Form 3115 (with “Filed Pursuant to Rev. Irs form 1040 Proc. Irs form 1040 2002–33” on the appropriate line) with your 2002 return by August 15, 2003. Irs form 1040 You must also file a copy of this Form 3115 with the IRS National Office no later than when you file your 2002 return. Irs form 1040 Electing not to claim the allowance. Irs form 1040   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. Irs form 1040 The statement must indicate that you are not deducting the special depreciation allowance and the class of property to which the election applies. Irs form 1040 The statement can be either attached to or written on the return. Irs form 1040 You can, for example, write “not deducting 30%” on Form 4562. Irs form 1040 Deemed election. Irs form 1040   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. Irs form 1040 You will be treated as making the election if you meet both of the following conditions. Irs form 1040 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. Irs form 1040 You do not file an amended return or a Form 3115 within the time prescribed for claiming the special allowance. Irs form 1040 See Claiming the allowance, earlier. Irs form 1040 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. Irs form 1040 Generally, the limit is increased from $3,060 to $7,660. Irs form 1040 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). Irs form 1040 Table 1 shows the maximum deduction amounts for 2001. Irs form 1040 Table 1. Irs form 1040 Maximum Deduction for 2001 Qualified Vehicle Placed in Service Before Sept. Irs form 1040 11 Placed in Service After Sept. Irs form 1040 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. Irs form 1040 Election not to claim the allowance. Irs form 1040   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. Irs form 1040 New York Liberty Zone Benefits Several benefits are available for property you place in service in the New York Liberty Zone (Liberty Zone). Irs form 1040 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. Irs form 1040 Area defined. Irs form 1040   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. Irs form 1040 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. Irs form 1040 The allowance is an additional deduction of 30% of the property's depreciable basis. Irs form 1040 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. Irs form 1040 See What Is the Basis for Depreciation? on page 23 in Publication 946 for more information on figuring depreciable basis. Irs form 1040 The allowance is deductible for both regular tax and alternative minimum tax (AMT) purposes. Irs form 1040 There is no AMT adjustment required for any depreciation figured on the remaining basis of the property. Irs form 1040 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. Irs form 1040 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. Irs form 1040 Qualified property is eligible for only one special depreciation allowance. Irs form 1040 Example 1. Irs form 1040 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. Irs form 1040 You did not elect to claim a section 179 deduction. Irs form 1040 You can deduct 30% of the cost ($60,000) as a special Liberty Zone depreciation allowance for 2001. Irs form 1040 You use the remaining $140,000 of cost to figure your regular depreciation deduction for 2001 and later years. Irs form 1040 Example 2. Irs form 1040 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. Irs form 1040 (See Increased Section 179 Deduction, later, for information concerning how this section 179 deduction amount is figured). Irs form 1040 You use the remaining $141,000 of cost to figure your special Liberty Zone depreciation allowance of $42,300 ($141,000 × 30%). Irs form 1040 You use the remaining $98,700 of cost to figure your regular depreciation deduction for 2001 and later years. Irs form 1040 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. Irs form 1040 It is one of the following types of property. Irs form 1040 Used property depreciated under MACRS with a recovery period of 20 years or less. Irs form 1040 See Can You Use MACRS To Depreciate Your Property and Which Recovery Period Applies? on pages 7 and 23, respectively, in Publication 946. Irs form 1040 Used water utility property. Irs form 1040 See 25-year property on page 22 in Publication 946. Irs form 1040 Used computer software that is not a section 197 intangible as described in Computer software on page 5 in Publication 946. Irs form 1040 (The cost of some computer software is treated as part of the cost of hardware and is depreciated under MACRS. Irs form 1040 ) Certain nonresidential real property and residential rental property (defined later). Irs form 1040 It meets the following tests (explained later under Tests to be met). Irs form 1040 Acquisition date test. Irs form 1040 Placed in service date test. Irs form 1040 Substantial use test. Irs form 1040 Original use test. Irs form 1040 It is not excepted property (explained later under Excepted property). Irs form 1040 Nonresidential real property and residential rental property. Irs form 1040   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. Irs form 1040 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. Irs form 1040   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. Irs form 1040 Otherwise, the property is considered damaged real property. Irs form 1040 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. Irs form 1040 Tests to be met. Irs form 1040   To qualify for the special Liberty Zone depreciation allowance, your property must meet all of the following tests. Irs form 1040 Acquisition date test. Irs form 1040   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. Irs form 1040   For information on the acquisition of property by purchase, see Property Acquired by Purchase on page 15 of Publication 946. Irs form 1040   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. Irs form 1040 Placed in service date test. Irs form 1040   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). Irs form 1040   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. Irs form 1040 Substantial use test. Irs form 1040   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. Irs form 1040 Original use test. Irs form 1040   The original use of the property in the Liberty Zone must have begun with you after September 10, 2001. Irs form 1040   Used property can be qualified Liberty Zone property if it has not previously been used within the Liberty Zone. Irs form 1040 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. Irs form 1040 Excepted property. Irs form 1040   The following property does not qualify for the special Liberty Zone depreciation allowance. Irs form 1040 Property eligible for the special depreciation allowance explained earlier in Qualified Property under Special Depreciation Allowance. Irs form 1040 Property required to be depreciated using ADS. Irs form 1040 This includes listed property used 50% or less in a qualified business use. Irs form 1040 Qualified New York Liberty Zone leasehold improvement property (defined earlier in Excepted Property under Special Depreciation Allowance). Irs form 1040 Example. Irs form 1040 In December 2001, you bought and placed in service in your business in the Liberty Zone the following property. Irs form 1040 New office furniture with a MACRS recovery period of 7 years. Irs form 1040 A used computer with a MACRS recovery period of 5 years. Irs form 1040 The computer had not previously been used within the Liberty Zone. Irs form 1040 Because the office furniture is new property, it qualifies for the special depreciation allowance, but not the special Liberty Zone depreciation allowance. Irs form 1040 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. Irs form 1040 Election Not To Claim the Liberty Zone Allowance You can elect not to claim the special Liberty Zone depreciation allowance for qualified property. Irs form 1040 If you make this election for any property, it applies to all property in the same property class placed in service during the year. Irs form 1040 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. Irs form 1040 When to make the election. Irs form 1040   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. Irs form 1040   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). Irs form 1040 Attach the election statement to the amended return. Irs form 1040 At the top of the election statement, write “Filed pursuant to section 301. Irs form 1040 9100–2. Irs form 1040 ” Revoking an election. Irs form 1040   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. Irs form 1040 A request to revoke the election is subject to a user fee. Irs form 1040 Returns filed before June 1, 2002. Irs form 1040   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. Irs form 1040 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. Irs form 1040 For tax years beginning in 2000, that limit was $20,000. Irs form 1040 For tax years beginning in 2001 and 2002, that limit is generally $24,000. Irs form 1040 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. Irs form 1040 Increased Dollar Limit The dollar limit on the section 179 deduction is increased for certain property placed in service in the Liberty Zone. Irs form 1040 The increase is the smaller of the following amounts. Irs form 1040 $35,000. Irs form 1040 The cost of section 179 property that is qualified Liberty Zone property placed in service during the year. Irs form 1040 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. Irs form 1040 Qualified property. Irs form 1040   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. Irs form 1040 Qualified Liberty Zone property is explained earlier in Qualified Liberty Zone Property under Special Liberty Zone Depreciation Allowance. Irs form 1040 Property eligible for the special depreciation allowance is explained earlier in Qualified Property under Special Depreciation Allowance. Irs form 1040 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. Irs form 1040 Example 1. Irs form 1040 In 2002, you place in service in your business, which is in the Liberty Zone, qualified property (defined earlier) costing $25,000. Irs form 1040 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). Irs form 1040 Example 2. Irs form 1040 In 2002, you place in service in your business, which is in the Liberty Zone, qualified property (defined earlier) costing $75,000. Irs form 1040 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). Irs form 1040 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. Irs form 1040 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. Irs form 1040 Example. Irs form 1040 In 2002, you place in service in your business, which is in the Liberty Zone, qualified property costing $460,000. Irs form 1040 Your increased dollar limit is $59,000 ($35,000 + $24,000). Irs form 1040 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). Irs form 1040 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. Irs form 1040 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. Irs form 1040 This rule applies to returns for the following years. Irs form 1040 2000 fiscal years that end after September 10, 2001. Irs form 1040 2001 calendar and fiscal years. Irs form 1040 On the amended return, write “Filed Pursuant to Rev. Irs form 1040 Proc. Irs form 1040 2002–33. Irs form 1040 ” Liberty Zone Leasehold Improvement Property Qualified Liberty Zone leasehold improvement property (described earlier in Qualified Property under Special Depreciation Allowance) is 5-year property. Irs form 1040 This means that it is depreciated over a recovery period of 5 years. Irs form 1040 For information about recovery periods, see Which Recovery Period Applies? on page 23 of Publication 946. Irs form 1040 The straight-line method must be used with respect to qualified Liberty Zone leasehold improvement property. Irs form 1040 Under ADS, the recovery period for qualified Liberty Zone leasehold improvement property is 9 years. Irs form 1040 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. Irs form 1040 Your 2000 fiscal year return (for a 2000 fiscal year that ends after September 10, 2001). Irs form 1040 Your 2001 calendar or fiscal year return. Irs form 1040 On the amended return, write “Filed Pursuant to Rev. Irs form 1040 Proc. Irs form 1040 2002–33. Irs form 1040 ” Table 2. Irs form 1040 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. Irs form 1040 See the text for definitions and examples. Irs form 1040 Do not rely on this chart alone. Irs form 1040 IF you want to. Irs form 1040 . Irs form 1040 . Irs form 1040 THEN you. Irs form 1040 . Irs form 1040 . Irs form 1040 BY. Irs form 1040 . Irs form 1040 . Irs form 1040 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. Irs form 1040 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). Irs form 1040 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. Irs form 1040 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. Irs form 1040 1See also Deemed election under Rules for Returns Filed Before June 1, 2002, earlier. Irs form 1040 Prev  Up  Next   Home   More Online Publications