The Energy Tax Incentives Act of 2005 added Section 179D to the Internal RevenueCode, which allows a deduction for “energy‐efficient commercial building property” is placed in service. If you own, lease, design, or build energy efficient commercial buildings, you may be entitled to a federal income tax deduction for the cost of energy‐efficient property.
Section 179D caps this deduction at $1.80 per square foot. For example, a 250,000 square foot building may result in a potential deduction of $450,000 for qualifying energy‐efficient property. To qualify for the deduction, several criteria must be satisfied, including an energy savings threshold requirement. Partial deductions are available for buildings not meeting the overall energy savings building requirement.
There is a timely opportunity for companies to deduct previously capitalized repair and maintenance costs for a reduction of a taxpayer’s current tax liability or increase their net operating loss (NOL) to be carried back five years for federal income tax purposes. Due to an upcoming change in the regulations, companies may be significantly limited in the ability to deduct previously capitalized repair costs.
Many companies follow the book method of accounting for repairs and maintenance expenses and often times overcapitalize certain types of repair costs. Such costs maybe currently deductible for federal income tax purposes in the year in which they were incurred. Companies may be eligible to file an automatic accounting method change for the 2009 tax year and currently deduct the remaining basis of such improperly capitalized repair costs thereby resulting in accelerating cash flow. Many industries are impacted including retail, real estate, manufacturing, services, and energy. Typical capitalized repair costs include roofs, HVAC, parking, painting, and renovations.
Companies should consider filing the automatic accounting method change prior to the finalization of the Treasury Regulations for tangible property. True Partners Consulting can assist estimating the potential amount of overcapitalized repair costs for tax purposes.
OVERVIEW
True Partners’ Cap 2 Xpense team analyzes your company’s 2009 capital expenditures budget in order to maximize expiring taxincentives that the legislature has currently set to sunset by December 31, 2009.
THINGS YOU SHOULD KNOW
By carefully planning your remaining 2009 capital expenditure budget, you can recoup significant costs and maximize expiring tax benefits, including:
• Increased IRC §179 expense deduction (up to $250K)
• 50% bonus depreciation
• Accelerated placed-in service
• Refundable tax credits