Michael S. Patinella, P.L.L.C.

Certified Public Accountants

 

 

Tax Tip for May/June 2002

The Job Creation and Worker Assistance Act of 2002

The “Job Creation and Worker Assistance Act of 2002,” was signed into law on March 9, 2002, right in the middle of tax season. What's more, several changes are retroactively effective and may affect returns that have already been filed as well as those that are about to be filed for tax year 2001.

Here's what you need to know right now about this important new legislation:

An additional 30% first-year depreciation write-off for most types of new nonrealty property acquired after Sept. 10, 2001 and before Sept. 11, 2004. For example, if a business or practice bought a new qualifying $10,000 machine normally depreciated over five years, the first-year write-off under the new law is $4,400. Under prior law, the maximum first-year write-off is only $2,000. The extra 30% first-year write-off also applies to certain types of interior improvements to leased nonresidential realty (such as an office building or factory).

The first-year depreciation dollar cap on new luxury autos bought for business purposes is boosted by $4,600, effective for autos acquired after Sept. 10, 2001 and before Sept. 11, 2004. For qualifying autos bought in 2001 or 2002, that means a maximum first year write-off of $7,660 (regular $3,060 first year allowance plus $4,600). This means a larger up-front deduction for those who buy new autos for use in their business or practice. The auto must be used more than 50% for business, and the full benefit of the increased dollar cap is available only if the auto is used exclusively for business.

The net operating loss (NOL) carryback period is increased from two or three years to five years, for NOLs arising in tax years ending in 2001 or 2002. This change could create additional refunds for businesses suffering losses. Related changes help businesses with NOLs avoid alternative minimum tax problems.

For 2002 and 2003, there's a new up-to-$250 deduction for educators below the college level who spend their own money on books and other materials they use in the classroom. The new deduction is available to itemizers and non-itemizers.

A number of changes, mostly favorable, deal with the enhanced retirement savings opportunities created by the 2001 tax law. For example, a change clarifies that a person can make “catch-up” contributions any time during the year he or she turns age 50, not just after the calendar date he or she attains age 50. 

Additionally, starting in 2002 the percentage of compensation/self-employed earnings limit for a SEP contribution from 15% to 25% of compensation/self-employed earnings, up to a maximum of $40,000 per year.

Please keep in mind that I've described only the highlights of the most important changes in the new law. Please give me a call at your earliest convenience for more details on how you may be affected, and whether immediate action is needed to take advantage of the new law's tax breaks.

 

Contact Information

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  Mike Patinella, CPA

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Last modified: July 18, 2010