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On March 9, 2002 President Bush signed the Job Creation and Worker Assistance
Act of 2002 (H.R. 3090). This law has retroactively changed the tax law
for prior years including 2001 and future years. If you have already filed
your return for 2001, it may need to be amended. The main changes in the
law are:
- Extension of unemployment benefits for up to 13 weeks
- Business tax breaks
- Bonus 30% depreciation for certain new property acquired after September
10, 2001 and before September 11, 2004. Certain property includes:
- Depreciable property with recovery periods of 20 years or less
- Computer software, except section 197 software, this would include
all retail software
- Water Utility property
- Nonresidential leasehold improvements, except enlargements to the
building, elevators, escalators, structural components of the
building, internal structural framework, and improvements not made
for a tenant under a lease (e.g. improvements to common areas).
- Increase in first year limit for luxury automobiles by $4,600 (for
2001 to $7,660 from $3,060)
- Carryback of certain net operating losses changed from 2 years to 5
years
- Breaks for New York City and Distressed Areas (New York Liberty Zone)
- Expanded Work Opportunity credit
- Bonus 30% depreciation for certain property acquired after September
10, 2001 and before September 11, 2004
- Special 5-year recovery period for certain leasehold improvements
versus the normal 39 year recovery period
- Increased Section 179 expensing by $35,000 (to $49,000 for 2001 and
2002)
- Technical corrections to prior laws including
- The deemed sale election as of January 1, 2001 in order to qualify an
asset for the special five year capital gain rate of 18% is clarified to
require the gain must be included in gross income. This squashes
the common planning idea to elect the deemed sale of your principal residence
but pay no tax by using the $250,000 or $500,000 exclusion.
- Under the 2001 Act, beginning in 2002, an employer could make up to a
25% of qualified pay contribution to a SEP-IRA for an employee but could
only deduct up to 15% of qualified pay. The law has been amended
to make the full 25% deductible by the employer.
- Various technical pension plan changes mostly effective in 2002 but
some are retroactive.
- New for 2002 teachers are allowed an "above the line" deduction
of up to $250 of teaching supplies. Teachers who do not itemize or
who's expenses fail to exceed 2% of their adjusted gross income are the main
beneficiaries.
- Extension of expiring provisions which expired on December 31, 2001
- Allowance of personal credits against alternative minimum tax to 2002
and 2003
- Credit for qualified electric vehicles
- Work opportunity credit
- Welfare to work credit
- Archer Medical Savings Accounts
The text
of the law, in Adobe Acrobat format.
The Joint Committee on Taxation's explanation,
in Adobe Acrobat format.
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Copyright 1998-2006 by Edmundson & Company, CPAs. All rights reserved.
Friday, 11 February 2005 02:06 PM
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