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Edward F. Connelly, Certified Public Accountant


The CPA Firm on Route 128SM  

2003 TAX LAW CHANGES

Internal Revenue Service ( IRS )

Tax Law Changes for Businesses

 

Topics — Tax Year 2003

Topics — Tax Year 2004 and Later

Depreciation and Section 179 expense

Electric and clean-fuel vehicles

Environmental cleanup costs

Indian employment credit

New York Liberty Zone business employee credit

Qualified Zone academy bonds

Meal expense deduction

Self-employment tax

Social security and Medicare taxes

Standard mileage rate

Work Opportunity Credit and Welfare-to-Work Credit


Tax Year 2003


Applying for an Employer Identification Number (EIN)

Beginning in January 2004, when you apply for an Employer Identification Number (EIN) (on Form SS-4, by TeleTIN, or Online Application) and are expected to have a Federal tax obligation, you will be automatically pre-enrolled in Electronic Federal Tax Payment System (EFTPS) in order to make your Federal tax deposits. When you receive your EIN, you will also receive a separate mailing containing instructions for activating your EFTPS enrollment. You will still have the option to order Federal Tax Deposit coupons from the Internal Revenue Service by calling 1-800-829-4933. You can get more information about EFTPS by visiting the EFTPS website.

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Marginal Production of Oil and Gas

The suspension of the taxable income limit on percentage depletion from the marginal production of oil and natural gas has been extended to tax years beginning before 2004. For more information on marginal production, see section 613A(c) of the Internal Revenue Code.

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Self-employed Health Insurance Deduction

Beginning in 2003, the self-employed health insurance deduction percentage increases to 100%. Chapter 7 of Publication 535, Business Expenses, has more information.

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Self-Employment Tax

The self-employment tax rate on net earnings remains the same for 2003. This rate, 15.3%, is a total of 12.4% for social security (old-age, survivors, and disability insur­ance) and 2.9% for Medicare (hospital insurance).

The maximum amount subject to the social security part for tax years beginning in 2003 has increased to $87,000. All net earnings of at least $400 are subject to the Medicare part.

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Standard Meal and Snack Rates for Family Daycare Providers

For tax years beginning in 2003, instead of using actual costs, family daycare providers can use the standard meal and snack rates to compute the deductible cost of meals and snacks provided to eligible children. The standard meal and snack rates can be used for a maximum of one breakfast, one lunch, one dinner, and three snacks per eligible child per day. However, a family daycare provider who receives reimbursement for a particular meal or snack can deduct only the portion of the applicable standard meal or snack rate that exceeds the amount of the reimbursement.

Family daycare providers. A family daycare provider is a person engaged in the business of providing family daycare.

Family daycare. Family daycare is childcare provided to eligible children in the home of the family daycare provider that meets all of the following.

  • The childcare is non-medical.
  • A transfer of legal custody is not involved.
  • The childcare generally lasts for less than 24 hours each day.

Eligible children. Eligible children are minor children receiving daycare in the home of the family daycare provider. Eligible children do not include children who are full-time or part-time residents in the home where the childcare is provided or children whose parents or guardians are residents of the same home.

Example. A family daycare provider's own children, and any children who live in the family daycare provider's home on a full- or part-time basis, are not eligible children, even if they receive daycare services from the family daycare provider.

Standard Meal and Snack Rates for 2003
Location of Family Daycare Provider Breakfast Lunch and Dinner Snack

States other than Alaska and Hawaii

$0.98 $1.80 $0.53

Alaska

$1.55 $2.93 $0.87

Hawaii

$1.13 $2.11 $0.63

A family daycare provider who chooses to use the standard meal and snack rates for a particular tax year must use the rates for all deductible food costs for eligible children during that tax year.

Updates to the standard meal and snack rates may be found at the following websites: http://www.irs.gov/businesses/small/index.html and www.fns.usda.gov/cnd/care. More information on family daycare providers can be found in Publication 587, Business Use of Your Home.

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Standard Mileage Rate

The standard mileage rate for the cost of operating your car, van, pickup, or panel truck in 2003 is 36 cents a mile for all business miles.

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Capital Gains — Announcement 2003-56

Announcement 2003-56, Changes to Reporting Requirements for Certain 2002 Forms Because of Changes in the Capital Gains Tax Rates, explains necessary modifications to 2002 returns affected by the change in the capital gains tax rates after May 5, 2003. See Announcement 2003-56 for more information. 12-SEP-2003

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Corporation estimated tax payments

The installment due date for 25% of any corporate estimated tax payment otherwise due in September 2003 has been changed to October 1, 2003. The due date for the remaining 75% of the September 2003 estimated tax payment has not changed.

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Depreciation and Section 179 Expense

50% special depreciation allowance. For qualified property you acquire after May 5, 2003, you can take a special depreciation allowance that is equal to 50% of the property's depreciable basis. However, instead of claiming the 50% special allowance, you can elect to claim the 30% special allowance or elect not to claim any special allowance.

    Note: If you acquire qualified property in a like-kind exchange or involuntary conversion, the carried-over basis of the acquired property is eligible for a special depreciation allowance.

Increased Section 179 limit. The maximum section 179 deduction you can elect for property you placed in service in 2003 has increased from $24,000 to $100,000 for quali­fied section 179 property ($135,000 for qualified zone property, qualified renewal property, or qualified New York Liberty Zone property). This limit is reduced by the amount by which the cost of section 179 property placed in service during the tax year exceeds $400,000 (increased from $200,000).

Off-the-shelf computer software. The definition of section 179 property has been expanded to include off-the-shelf computer software placed in service in 2003. This is computer software that is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substantially modified. It includes any program designed to cause a computer to perform a desired function, However, a database or similar item is not considered computer software unless it is in the public domain and is incidental to the operation of otherwise qualifying software.

Section 179 expense election. A section 179 expense election (or any specification made in the election) made after 2002 can be revoked without IRS approval by filing an amended return. However, once made, the revocation is irrevocable.

Depreciation limits on passenger automobiles. The total depreciation deduction (including the section 179 expense and the special depreciation allowance) you can take for a passenger automobile (that is not a truck or van or an electric vehicle) that you use in your business and first place in service in 2003 is:

  • $7,660 if acquired before May 6, 2003, and you claim the 30% special allowance;
  • $10,710 if acquired after May 5, 2003, and you claim the 50% or 30% special allowance; or
  • $3,060 if you elect not to claim any special allowance for the vehicle or the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property.

Caution: The limits are reduced if the business use of the vehicle is less than 100%.

Depreciation limits on electric vehicles. The total depreciation deduction (including the section 179 expense and the special depreciation allowance) you can take for an electric vehicle that you use in your business and first place in service in 2003 is:

  • $22,880 if acquired before May 6, 2003, and you claim the 30% special allowance;
  • $32,030 if acquired after May 5, 2003, and you claim the 50% or 30% special allowance; or
  • $9,080 if you elect not to claim any special allowance for the vehicle or the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property.

Caution: The limits are reduced if the business use of the vehicle is less than 100%.

Depreciation limits on truck or van. The total depreciation deduction (including the section 179 deduction and the special depreciation allowance) you can take for a truck or van (such as a minivan or a sports utility vehicle built on a truck chassis) that you use in your business and first place in service in 2003 is higher than for other passenger vehicles. The maximum amount allowable is:

  • $7,960 if acquired before May 6, 2003, and you claim the 30% special allowance;
  • $11,010 if acquired after May 5, 2003, and you claim the 50% or 30% special allowance; or
  • $3,360 if you elect not to claim any special allowance for the vehicle or the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property.

Caution: The limits are reduced if the business use of the vehicle is less than 100%.

Exclusion of qualified nonpersonal use trucks and vans from definition of passenger automobiles. A truck or van placed in service after July 6, 2003, that is a “qualified nonpersonal use vehicle” is not considered to be a passenger automobile (and is therefore not subject to the passenger automobile limits). A truck or van is a qualified nonpersonal use vehicle only if it has been specially modified with the result that it is not likely to be used more than a de minimis amount for personal purposes. For example, a van that has only a front bench for seating, in which permanent shelving has been installed, that constantly carries merchandise or equipment, and that has been specially painted with advertising or the company's name, is a vehicle not likely to be used more than a de minimus amount for personal purposes.

More information. Publication 946, How to Depreciate Property, has more information on depreciation methods and rules.

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Extension of Time To Take Advantage of Certain Tax Relief for Tax Years That Include September 11, 2001

Time to claim special depreciation allowances. For your tax year that included September 11, 2001, you may have until December 31, 2003, to:

  1. Claim the 30% special depreciation allowance (or Liberty Zone depreciation allowance),
  2. Elect the increased section 179 expense deduction for Liberty Zone property, or
  3. Depreciate Liberty Zone leasehold improvement property as 5-year property using the straight-line method of depreciation.

You may be eligible if:

  1. You placed qualified property (or Liberty Zone property) in service during your tax year,
  2. You timely filed your return for your tax year without claiming the special depreciation allowance or increased section 179 expense deduction, and
  3. You did not make an election not to claim the 30% special depreciation allowance.

If eligible, file an amended return for your tax year that included September 11, 2001, and any later affected tax years. In some situations, you may have to file Form 3115, Application for Change in Accounting Method. Use the procedures outlined in Rev. Proc. 2003-50, 2003-50 IRB 119.

Half-year convention. You may be eligible for additional time to elect to apply the half-year convention instead of the mid-quarter convention to all property placed in service during your 2000 fiscal year or 2001 calendar or fiscal year, if:

  1. The third or fourth quarter of your tax year included September 11, 2001;
  2. You otherwise would have been required to use the mid-quarter convention under MACRS;
  3. You timely filed your return for your tax year without making the election.

If eligible, you can make the election and any necessary adjustments resulting from the election by filing, by December 31, 2003, an amended return for your tax year that included September 11, 2001, and any later affected tax years. For more information, see Notice 2003-45, 2003-29 I.R.B. 86. -- 10-OCT-2003

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Commercial Fishermen: Nonqualified Capital Construction Fund Withdrawals

For tax years ending after May 5, 2003, the maximum tax rate applied to nonqualified withdrawals from the capital gain account in a capital construction fund decreases from 20% to 15%. -- 21-OCT-2003

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Tax Year 2004 and Later


Depreciation and Section 179 Expense

Extension of acquisition date . Property will meet the “acquisition date test” for purposes of qualifying for the 30% special depreciation allowance if the property is acquired before January 1, 2005 (extended from September 11, 2004).

Increased section 179 limits . The maximum section 179 deduction you can elect for property you placed in service in 2004 is increased from $100,000 to $102,000 for quali­fied section 179 property ($137,000 for qualified zone property, qualified renewal property, or qualified New York Liberty Zone property). This limit is reduced by the amount by which the cost of section 179 property placed in service during the tax year exceeds $410,000 (increased from $400,000).

More information. Publication 946, How to Depreciate Property , has more information on these rules.

Termination of Special Depreciation Rules for Property Used on Indian Reservations

The special depreciation rules that apply to qualified Indian reservation property are scheduled to expire for property placed in service after 2004. 

Caution : At the time this article was written, Congress was considering legislation that would apply the special rules for property placed in service in 2005. Please check  What’s Hot in Tax Forms, Pubs, and Other Tax Products to find out if this legislation was enacted.

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Electric and Clean-Fuel Vehicles

For vehicles placed in service in 2004, the maximum clean-fuel vehicle deduction and qualified electric vehicle credit are scheduled to be reduced by 25%, as compared to 2003. 

Caution : At the time this article was written, Congress was considering legislation that would repeal the reduction for 2004. Please check  What’s Hot in Tax Forms, Pubs, and Other Tax Products   to find out if this legislation was enacted.

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Environmental Cleanup (Remediation) Costs

Beginning in 2004, environmental cleanup (remediation) costs must be capitalized. You cannot choose to deduct environmental cleanup costs paid or incurred after Decem­ber 31, 2003, as a current business expense. Chapter 8 of Publication 535, Business Expenses, covers information on environmental cleanup costs.

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Indian Employment Credit

The Indian employment credit is scheduled to expire for tax years beginning after 2004.

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Meal Expense Deduction

Generally, you can deduct only 50% of your business-re-lated meal expenses while traveling away from your tax home for business purposes. Also, you can generally de­duct only 50% of certain reimbursements you make to your employees for meal expenses they incur while traveling away from home on business. You can deduct a higher percentage if the meals take place during or incident to any period subject to the Department of Transportation’s “hours of service” limits. (These limits apply to workers who are under certain federal regulations.) The percentage is 70% for 2004.

Business meal expenses are covered in chapter 1 of Publication 463, Travel, Entertainment, Gift, and Car Expense. Reimbursements for employee meal expenses are covered in chapter 13 of Publication 535, Business Expenses.

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New York Liberty Zone Business Employee Credit Scheduled To Expire

The New York Liberty Zone business employee credit is scheduled to expire for wages paid to qualified employees for work performed after 2003.

Caution : At the time this article was written, Congress was considering legisla­tion that would allow this credit with respect to work per­formed by qualified employees during 2004. Please check  What’s Hot in Tax Forms, Pubs, and Other Tax Products to find out if this legislation was enacted.

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Issuance of Qualified Zone Academy Bonds Scheduled To Expire

State and local governments issue qualified zone acad­emy bonds to raise funds for the use of certain eligible public schools. The national qualified academy zone bond limit for 2003 was $400 million, but is zero for 2004 (exclud­ing any carryover limitation). 

Caution : At the time this article was written, Congress was considering legisla­tion that would establish a national limitation amount for 2004. Please check  What’s Hot in Tax Forms, Pubs, and Other Tax Products to find out if this legislation was enacted.

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Self-Employment Tax

The self-employment tax rate on net earnings remains the same for 2004. This rate, 15.3%, is a total of 12.4% for social security (old-age, survivors, and disability insurance) and 2.9% for Medicare (hospital insurance).

The maximum amount subject to the social security part for tax years beginning in 2004 has increased to $87,900. All net earnings of at least $400 are subject to the Medicare part.

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Social Security and Medicare Taxes

For 2004, the employer and employee will continue to pay:

  1. 6.2% each for social security tax (old-age, survivors, and disability insurance), and
  2. 1.45% each for Medicare tax (hospital insurance).

Wage limits. For social security tax, the maximum amount of 2004 wages subject to the tax has increased to $87,900. For Medicare tax, all covered 2004 wages are subject to the tax. Circular E (Publication 15), Employer's Tax Guide, has more information about these taxes.

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Standard Mileage Rate

For 2004, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck is increased to 37.5 cents a mile for all business miles.

Standard mileage rate available for small fleets. Beginning in 2004, the business standard mileage rate may be used for as many as four vehicles that you own or lease and use simultaneously.

Car expenses and use of the standard mileage rate are explained in chapter 4 of Publication 463, Travel, Entertainment, Gift, and Car Expenses.

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Work Opportunity Credit and Welfare-to-Work Credit Scheduled to Expire

The work opportunity credit and the welfare-to-work credit are scheduled to expire for wages paid to individuals who began working for you after 2003. 

Caution : At the time this article was written, Congress was considering legisla­tion that would allow these credits with respect to employ­ees who began work for you in 2004. Please check  What’s Hot in Tax Forms, Pubs, and Other Tax Products to find out if this legislation was enacted.

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