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Small Business
Quickfinder® Handbook
(2017 Tax Year)
Updates for the Tax Cuts and Jobs Act of 2017
and Other Recent Guidance
Instructions: This packet contains “marked up” changes to the pages in the Small Busi-
ness Quickfinder® Handbook that were affected by the Tax Cuts and Jobs Act of 2017,
which was enacted after the Handbook was published. Additionally, changes were made
based on other guidance issued after the Handbook was published.
This is a specially designed update packet for owners of the 3-ring binder version of the
Handbook who have access to a printer that prints two-sided (duplex). Simply print the
entire PDF file (make sure to select two-sided or duplex printing), three-hole punch the
pages, and then replace the pages in your Handbook. It’s that easy.
2017 Tax Year
Small Business
TAX PREPARATION
Quickfinder Handbook
®
Forms: 1065, 1120,
1120S, 1041, 706,
709 and 990
Form 1120 Forms 706 and 709
Corporation Tax Rate Schedule Estate and Gift Tax Rate Schedule
—Quick Tax Method— and before 2018 —Quick Tax Method—
For tax years beginning after December 31, 1992 For gifts made and estates of decedents dying after 2012
Taxable Income × % Minus $ = Tax Taxable Amount × % Minus $ = Tax1
$ 0 –$ 50,000 × 15% minus $ 0 = Tax $ 0 – $ 10,000 × 18% minus $ 0 = Tax
50,001 – 75,000 × 25 minus 5,000 = Tax 10,001 – 20,000 × 20 minus 200 = Tax
75,001 – 100,000 × 34 minus 11,750 = Tax 20,001 – 40,000 × 22 minus 600 = Tax
100,001 – 335,000 × 39 minus 16,750 = Tax 40,001 – 60,000 × 24 minus 1,400 = Tax
335,001 – 10,000,000 × 34 minus 0 = Tax 60,001 – 80,000 × 26 minus 2,600 = Tax
10,000,001 – 15,000,000 × 35 minus 100,000 = Tax 80,001 – 100,000 × 28 minus 4,200 = Tax
15,000,001 – 18,333,333 × 38 minus 550,000 = Tax 100,001 – 150,000 × 30 minus 6,200 = Tax
18,333,334 and over × 35 minus 0 = Tax 150,001 – 250,000 × 32 minus 9,200 = Tax
Note: See Basics of Corporations on Page C-1 for exceptions to above tax rates 250,001 – 500,000 × 34 minus 14,200 = Tax
and an example of how to use the Quick Tax Method. 500,001 – 750,000 × 37 minus 29,200 = Tax
750,001 – 1,000,000 × 39 minus 44,200 = Tax
Form 1041
1,000,001 and over × 40 minus 54,200 = Tax
2017 Fiduciary Tax Rate Schedule
—Quick Tax Method—
1
Less applicable credit amount. See the charts at the beginning of Tab H.
Form 1120: 15th day of fourth (third if Form 7004 extends deadline Depreciation Limits (First Year):
Corporation 6/30 FY) month following six if CY (seven if 6/30 FY; six
close of tax year. if other FY) months. Luxury autos..................................................................................... $ 3,1601
Form 1120S: 15th day of third month Form 7004 extends deadline Light trucks and vans........................................................................ 3,5601
S Corporation following close of tax year. six months.
Standard Mileage Rate:
Form 1041: 15th day of fourth month Form 7004 extends deadline
Business miles.................................................................................. $ .535
Estates and Trusts following close of tax year. five-and-one-half months.
Depreciation component................................................................... .25
Form 706: Estates Nine months after date of Form 4768 extends deadline
decedent’s death. six months. Charitable......................................................................................... .14
Form 709: Gift Tax April 15th following close of Form 4868 or 8892 extends Medical and moving.......................................................................... .17
Patent Pending
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Replacement Page 1/2018 2017 Tax Year | Small Business Quickfinder ® Handbook C-3
Basis of Property Exchanged for Corporate Stock
Tax-Free Exchanges Under Section 351
Taxable Exchanges That Do Not Qualify Under Section 351
—Transferors have at least 80% control after the exchange—
Shareholder’s basis in stock received Corporation’s basis in property received Shareholder’s basis in stock received Corporation’s basis in property received
equals: [IRC Sec. 358(a)] equals: [IRC Sec. 362(a)] equals FMV of stock received which is equals FMV of the property received,
measured by: which is measured by:
+ Adjusted basis of property transferred + Adjusted basis of the property in the + FMV of property transferred (adjusted + Adjusted basis of the property in the
+ Recognized gain hands of the transferor basis plus or minus gain or loss hands of the transferor
+ Cash paid + Gain recognized by the transferor recognized by the transferor) + Gain recognized by the transferor
+ Liabilities assumed + Cash paid – Loss recognized by the transferor
– Cash received Note: The general rule of Section 1001
– FMV of property received (gain or loss equals difference between
– Liabilities transferred amount realized and adjusted basis)
applies.
Note: Shareholders who transfer property to a corporation in a Section 351 Notes:
exchange recognize gain only up to the amount of boot received (money or • Shareholders who are not in control of a corporation immediately after a transfer
property other than the corporation’s stock). Liability relief is not considered boot recognize gain or loss as if they sold the property at its FMV to the corporation.
for determining gain under these rules [IRC Sec. 357(a)]. However, gain may be • Corporations never recognize gain or loss on the receipt of money or property in
recognized if liabilities exceed basis of the contributed property [IRC Sec. 357(c)]. exchange for their own stock. (IRC Sec. 1032)
See Property Subject to Liabilities below.
Example: Shelly transfers property with FMV of $20,000 and adjusted basis of
$12,000 to Magnolia Corporation in exchange for 80% of its stock. In addition
to stock, she receives $3,000 in cash. Although the transfer qualifies under IRC
Sec. 351, Shelly recognizes gain of $3,000. Her basis in the stock is $12,000
(adjusted basis of property transferred, plus gain, less cash received). The
corporation’s basis in the property is $15,000 (transferor’s basis plus gain
recognized by transferor).
Depreciation Schedule
Asset Placed in Service Cost Section 179 Depreciable Basis
Computer ................................... May 1, 2017 $ 6,000 $ 6,000 $ 0
Office Equipment ....................... May 1, 2017 15,000 15,000 0
Airplane ..................................... May 1, 2017 175,000 4,0001 171,000
Totals $ 196,000 $ 25,000 $ 171,000
Airplane: Book and Tax Depreciation—MACRS AMT Depreciation
5-year MACRS
5-year AMT Section 179.............................................................. $ 25,000 Section 179............................................. $ 25,000
Depreciable Basis Regular Depreciation ............................................... 22,800 AMT Depreciation ................................... 17,100
$171,000 Total Depreciation .................................................... $ 47,800 Total AMT Depreciation .......................... $ 42,100
AMT Adjustment: $47,800 – $42,100 = $5,700
Short-Year Depreciation Calculation2
May 1 – December 31 (8 months) Book and Tax: 200% DB AMT: 150% DB
Midpoint September 1 $171,000 × 1⁄5 × 200% × 4⁄12 = $22,800 $171,000 × 1⁄5 × 150% × 4⁄12 = $17,100
1
Amount corporation chose to elect—could have elected up to $175,000 for this asset.
2
See Short Tax Year—MACRS on Page J-4.
D-12 2017 Tax Year | Small Business Quickfinder ® Handbook
Income and Expense Chart for a Decedent (Continued)
—Cash Method of Accounting—
Category Where to Report Explanation
Charitable Final Form 1040 Amounts contributed before death. (IRC Sec. 170)
Contributions Form 1041, Schedule A Contributions are deductible only if decedent’s will requires that contribution be made from gross taxable
income [Reg. 1.642(c)-1]. AGI limitations applicable to individuals do not apply to estates.
Form 706, Schedule O Value of property in decedent’s estate that was transferred by decedent (via his will) or by qualified disclaimer
to a charity described in IRC Sec. 2055(a).
Claims Against Estate Form 706, Schedule K Enforceable personal obligations of decedent at time of death plus interest accrued up to time of death.
Credit for the Elderly Final Form 1040, Schedule R Calculate as though decedent lived full year.
or the Disabled
Deductions in Respect Form 706 and Form 1041 (or Business expenses, income-producing expenses, interest and taxes for which decedent was liable but which
of a Decedent (DRD) beneficiary’s return) are not deductible on final Form 1040.
Depreciation Final Form 1040 Depreciation for period ending on date of death. Short tax year rules apply; see Tab J.
Form 1041, Form 4562 If estate continues to operate decedent’s business or rental property, depreciation is allocated between estate
and income beneficiaries (assuming estate is claiming an income distribution deduction) on basis of income
allocated to each. Estate is not allowed Section 179 deduction. Short tax year rules apply for any tax year of the
estate less than 12 months. See Tab J for short tax year rules.
Dividend Income Final Form 1040, Schedule B Dividends received through date of death.
Form 1041, Schedule B (or Dividends received after date of death. Estates and trusts are subject to same reduced tax rate on qualified
beneficiary’s return) dividends as individuals (20% maximum rate for trusts and estates in the 39.6% tax rate bracket).
Form 706, Schedule B and Form Dividends declared to shareholders of record before death, but not available or received until after death (IRD).
1041 (or beneficiary’s return)
Earned Income Credit Final Form 1040, Schedule Available even if decedent’s return covers only a part year and decedent would not have qualified with a full
(EIC) EIC year’s income. A decedent’s credit is refundable.
Estate Tax Deduction Form 1041 (or beneficiary’s If federal estate tax was paid on IRD, a deduction can be claimed on the income tax return that reports the IRD.
Form 1040, Schedule A)
Exemptions Final Form 1040 Full amount allowed for decedent; no proration required. For decedent to claim exemption of a dependent,
decedent must have furnished over one-half of support for entire year.
Form 1041 An estate is allowed a $600 exemption even if first return period is less than 12 months.
Funeral Expenses Form 706, Schedule J Allowed only on Form 706. State law generally determines which items are deductible funeral expenses. Reg.
20.2053-2 classifies the following as funeral expenses if allowable under local law: tombstone, monument,
mausoleum, burial lot for decedent or family (including costs for future care) and transportation of the person
bringing body to burial place.
Income and Expenses Final Form 1040 Income received and expenses paid before death.
Generally Form 1041 (or beneficiary’s Income received and expenses paid after death, including income and expenses in respect of a decedent.
return)
Form 706 Income and expenses in respect of decedent (also reported on Form 1041 or beneficiary’s return).
Income in Respect of a Form 706 and Form 1041 (or All gross income that the decedent had the right to receive and is not includable on final Form 1040. If estate tax
Decedent (IRD) beneficiary’s return) is paid on this income, a deduction for estate tax paid can be claimed on the income tax return that reports income.
Income Tax Due on Form 706, Schedule K Federal and state income taxes unpaid at date of death, including tax due on final Form 1040 prepared and
Final Form 1040 filed after death.
Installment Sale Final Form 1040, Form 6252 Payments received through date of death.
Contracts Held Form 706 and Form 1041 (or If note cancels at death under decedent’s will, date-of-death value is reported on Form 706 and unrecognized
by Decedent beneficiary’s return) gain on Form 1041 (as IRD). If decedent and obligor are related, FMV of installment note cannot be less than
its face value.
Form 1041 (or beneficiary’s If note is self-canceling at death (referred to as a self-canceling installment note or SCIN), unrecognized gain is
return) included on Form 1041 (as IRD).
Form 706 and Form 1041 (or If contract is not canceled at death, difference between face amount of obligation and decedent’s basis is
beneficiary’s return) (attach reported on Form 706 and is considered IRD [IRC Sec. 691(a)(4)]. As payments are collected, recipient reports
Form 6252) income using decedent’s gross profit percentage.
Interest Earned Final Form 1040, Schedule B Interest received through date of death plus original issue discount (OID) earned through date of death.
Form 706, Schedule B and Interest accrued but unpaid at date of death is IRD.
Form 1041 (or beneficiary’s
return)
Form 1041 (or beneficiary’s Interest earned and received after date of death.
return)
Interest Expense Final Form 1040 Deductible interest paid before death.
Form 706 and Form 1041 (or Deductible interest expense accrued before death but paid after death (DRD). Nondeductible personal interest
beneficiary’s return) accrued before death but paid after death is allowed as a debt of estate on Form 706, Schedule K.
Form 1041 (or beneficiary’s Interest paid after death. Use Form 4952 for investment interest expense. Interest expense on decedent’s
return) personal residence is qualified residential interest only if a beneficiary uses it as a residence during estate
administration [IRC Sec. 163(h)(4)]. Otherwise, the interest is either investment interest (subject to limitations
on Form 4952), rental interest expense or nondeductible personal interest. Investment interest expense
attributable to tax-exempt income is not deductible.
IRA, SEP, SIMPLE, Form 706, Schedule I The account balance of all tax-deferred benefits at the time of death. Benefits are taxable to the beneficiary
Keogh, 401(k), etc. when distributed (IRD). Beneficiaries can roll over IRA funds.
Final Form 1040 Amounts actually received before death.
Form 1041 (or beneficiary’s Distributions made after death (IRD). These distributions are not subject to the 10% early withdrawal penalty.
return) [IRC Sec. 72(t)(2)(A)(ii)]
Table continued on the next page
2017 Tax Year | Small Business Quickfinder ® Handbook H-3
Income and Expense Chart for a Decedent (Continued)
—Cash Method of Accounting—
Category Where to Report Explanation
Medical Expenses Final Form 1040, Schedule A Medical expenses paid before death. Can elect to deduct medical expenses incurred before death but paid
from the estate within one year of the day following death [Reg. 1.213-1(d)]. Election does not apply to medical
expenses for a decedent’s dependents. To elect, attach a statement to Form 1040 stating the estate has waived
the right to claim medical expense for estate tax. With the election, deduction is taken on Form 1040, Schedule
A in year costs were incurred (a Form 1040X may be needed). Amounts not allowed due to 10%-of-AGI
threshold cannot be claimed on Form 706.
Form 706, Schedule K Unpaid medical expenses at death are reported on Form 706 as a claim against the estate, unless an election
is made to report on decedent’s final Form 1040. Amounts deducted on Form 706 are not subject to the 10%
of AGI deduction threshold. If deduction taken on Form 1040, amount not allowed due to 10% of AGI threshold
cannot be claimed on Form 706. 7.5%
Form 1041 Any insurance reimbursements after death of amounts previously deducted on Form 1040. Report as IRD.
Miscellaneous Final Form 1040, Schedule A Miscellaneous itemized deductions paid before death.
Itemized Deductions Form 706, Schedule J or Form Unpaid miscellaneous itemized deductions at date of death are reported on Form 706. When paid, deduct on
1041 Form 1041 as DRD.
Form 1041 Incurred and paid after death: may be subject to 2% AGI limit. See Deductions on Page G-5.
Net Investment Form 8960 Estates are subject to the 3.8% net investment income tax. See Tab G for additional discussion.
Income Tax
Partnership Income Final Form 1040, Schedule E Income (or loss) up to date of death using any reasonable method of allocating income (loss). Allocation is often
(Loss) based on pro rata amount for year or interim closing of books.
Form 1041 (or beneficiary’s Income (or loss) after death not included on final Form 1040.
return)
Passive Losses Final Form 1040 Losses are allowed to extent of passive income, plus accumulated unused losses to extent they exceed any
increase in basis allocated to the activity. For example, if a passive activity’s basis is increased $6,000 upon
taxpayer’s death, and unused passive activity losses as of date of death are $8,000, decedent’s deduction is
$2,000 ($8,000 – $6,000).
Form 1041 Estates are subject to the same passive loss limitation rules as individuals. The fiduciary’s level of participation
determines the classification. If decedent actively participated in a rental real estate activity before death, the
estate will be allowed the special $25,000 rental real estate exemption for up to two years after decedent’s death.
Personal Residence Form 1041 The Section 121 exclusion of gain from sale of personal residence does not apply to estates. If personal
residence is a capital asset to the estate (either held for investment or rental purposes), estate can deduct loss
on sale. If property is used by estate beneficiaries for personal purposes, loss on sale is not deductible. If home
was not subject to probate and passed directly to heirs, sale of home is reported on beneficiaries’ Form 1040.
Real Estate, Final Form 1040, Schedule A Paid before death. General sales taxes deductible if state and local income taxes not deducted. [IRC Sec. 164(b)(5)]
State and Local Form 706, Schedule K and Real estate taxes accrued before death but paid after death.
Income Taxes Form 1041 (or beneficiary’s
return)
Form 1041 (or beneficiary’s Accrued and paid after death.
return)
Rental Income Final Form 1040, Schedule E Income and expenses received or paid before death.
and Expenses Form 706 and Form 1041 (or Income and expenses accrued before death but not actually received or paid until after death (IRD and DRD).
beneficiary’s return) Passive activity loss rules apply to estates (for Form 1041 reporting).
Form 1041 (use Schedule E of Income and expenses accrued and received or paid after death. Passive loss rules apply to estates.
Form 1040)
S Corporation Income Final Form 1040, Schedule E Pro rata share of income (or loss) up to death. Generally, amount of income (or loss) is computed as follows:
(Loss) S corporation income or loss for the year, divided by number of days in S corporation’s year, multiplied by number
of days shareholder was alive. Can elect under Section 1377(a)(2) to close S corporation books on day of death.
Form 1041 (or beneficiary’s Income (or loss) after date of death and not included on final Form 1040.
return)
Savings Bond Interest Final Form 1040 or Form 1041 Two options: (Rev. Rul. 68-145)
(Decedent did not 1) Executor elects to report interest accrued before death on final Form 1040. Interest accrued after death is
elect to report reported on Form 1041 (or beneficiary’s return) in year bond is redeemed or matures.
interest annually) 2) All interest (both before and after death) is reported on Form 1041 (or beneficiary’s return) in year bond is
redeemed, matures or an election is made to report income. Interest accrued before death is IRD. Alter-
natively, recipient of an inherited bond can elect to report interest annually. (Rev. Rul. 64-104)
Form 706, Schedule B FMV of bonds, including interest accrued up to date of death, which may be IRD.
Savings Bond Interest Final Form 1040 Interest accrued up to date of death.
(Decedent elected to Form 1041 (or beneficiary’s Interest accrued after death. Note that the last Series E bonds matured in 2010 and the last Series H bonds
report return) matured in 2009. These bonds stopped paying interest at that time and any deferred interest should have been
interest annually) recognized on the 1040 in the year the bond matured.
Form 706, Schedule B FMV of bonds as of date of death. No IRD.
Social Security Final Form 1040 Payments cease at death; therefore, subject to reporting on final Form 1040.
Standard Deduction Final Form 1040 Full amount allowed. No proration required.
Wages Final Form 1040 Wages received before death.
Form 706, Schedule F and Wages earned before death but received after death (IRD).
Form 1041 (or beneficiary’s
return)
H-4 2017 Tax Year | Small Business Quickfinder ® Handbook Replacement Page 1/2018
Determining the Midpoint of Each Quarter in a Short Tax Year Short tax year depreciation is:
$100 × 1⁄5 × 2 × 5⁄12 = $17
Years consisting of anything other than four or eight months
For AMT Purposes. AMT depreciation allowed is:
1) Number of days in the short tax year .................................... 1) $100 × 1⁄5 × 1.5 × 5⁄12 = $13
2) Number of days in each quarter (line 1 divided by four)........ 2)
3) Number of days to midpoint (line 2 divided by two) .................. 3) Example #3: Bismarck Inc., with a short tax year beginning March 15 and
ending on December 31, placed in service on October 16 an item of five-year
4) Starting on the first day of the year, add the number of days property with a basis of $100. This is the only property the corporation placed
in each quarter (line 2) to determine the beginning and end-
in service during the short tax year. The depreciation method for this property
ing dates of each quarter. Then, find the midpoint of each
quarter. If a midpoint of a quarter is on a day other than the is the 200% DB method. The mid-quarter convention is used because the
first day or midpoint of a month, treat the property as placed property was placed in service in the last three months of the tax year.
in service or disposed of on the nearest preceding first day The property is treated as placed in service on September 1. (See chart in
or midpoint of that month ...................................................... 4) Example #1.) Bismarck Inc. is entitled to four months of depreciation for the
short tax year that consists of 10 months.
Example #1: Bismarck Inc., a calendar-year taxpayer, was incorporated on Short tax year depreciation is:
March 15. It has a short tax year of 91/2 months, ending on December 31. $100 × 1⁄5 × 2 × 4⁄12 = $13
During December of its first year, it placed property in service for which it must
use the mid-quarter convention.
Because this is a short tax year of other than four or eight full calendar months,
Computing Depreciation After Short Tax Year
For the tax years after the first short year, depreciation may be
the tax year consists of 292 days (including 17 days in March). Each quarter is
computed using either the simplified method or the allocation
73 days (292 days ÷ 4) and the midpoint of each quarter is the 37th day (73 ÷ 2).
method. The method chosen must be consistently used until the tax
The table below shows the quarters of the short year, the midpoint and the year that a switch to the MACRS SL method is required because it
date that property is treated as placed in service in each quarter. produces a larger depreciation deduction. Usually, both methods
Quarter Midpoint Date Placed in Service produce the same depreciation allowance.
March 15 – May 26 April 20 April 15 Simplified method. Depreciation for subsequent tax years is
May 27 – August 7 July 2 July 1 figured by multiplying the unrecovered basis of the property at
the beginning of the tax year by the applicable depreciation rate.
August 8 – October 19 September 13 September 1
October 20 – December 31 November 25 November 15 Example #4: The ABC Corporation had a short tax year starting August 1,
The last quarter of the short year begins on October 20, which is 73 days from 20X1 and ending December 31, 20X1. On August 9, 20X1, it placed in service
December 31, the end of the tax year. Day 37 of the quarter is November 25. seven-year property with a basis of $2,000.
Since the midpoint of the quarter is not the first or the midpoint of November, 20X1: First-year depreciation using the 200% DB method with the half-year
the property is treated as placed in service in the middle of November. convention calculation:
$2,000 × 1⁄7 × 2 × 2.5⁄12 = $119
Computing Depreciation for Short Tax Year Depreciation for 20X2 (a full 12 months) calculation:
MACRS percentage tables cannot be 20X2: ($2,000 – $ 119) = $ 1,881
used to determine depreciation for a $1,881 × (1⁄7 × 2) = $ 537
short tax year. Depreciation for the first Depreciation for 20X3 through 20X5 calculation:
recovery year in the recovery period is 20X3: ($2,000 – $ 656) × (1⁄7 × 2) = $384
computed by multiplying the taxpayer’s basis
20X4: ($2,000 – $ 1,040) × (1⁄7 × 2) = $274
in the property by the applicable depreciation rate.
20X5: ($2,000 – $ 1,314) × (1⁄7 × 2) = $196
Depreciation for the first tax year is computed by multiplying the
depreciation for a full first year by a fraction (that is, pro-rated). The Starting in the year 20X6, the method switches to SL depreciation.
numerator is the number of months (including parts of a month) SL Depreciation = Adjusted Basis/Remaining Life.
the property is treated as in service during the tax year (applying 20X6: ($2,000 – $ 1,510) ÷ 33.5 months × 12 = $176
the applicable convention), and the denominator is 12. 20X7: ($2,000 – $ 1,686) ÷ 21.5 months × 12 = $175
In 20X8, the remaining depreciation equals the remaining basis. 20X8: $2,000
When the half-year convention is used: – $1,861 = $139
200% DB formula:
1 Midpoint Allocation method. Depreciation for each recovery year, or por-
Adjusted Basis × × 2 ×
Life 12 tion thereof, that falls within a tax year, whether the tax year is a
150% DB formula for AMT purposes: 12-month year or a short tax year, is allocated to such tax year.
1 Midpoint For each recovery year included, depreciation attributable to such
Adjusted Basis × × 1.5 × recovery year is multiplied by a fraction, the numerator of which is
Life 12
the number of months (including parts of months) of the recovery
year that falls within the tax year and the denominator of which is
Example #2: Bismarck Inc., with a short tax year beginning March 15 and
12. The allowable depreciation for the tax year is the sum of the
ending on December 31, placed in service on March 16 an item of five-year
depreciation figured for each recovery year.
property with a basis of $100. This is the only property the corporation placed
in service during the short tax year. The depreciation method for the property
is the 200% DB method. Straight-Line Method
The property is treated as placed in service on August 1. Bismarck Inc. is To avoid complex calculations in figuring depreciation for years after
entitled to five months of depreciation for the short tax year that consists of a short tax year, the taxpayer may elect under IRC Sec. 168(g)(7)
10 months. to depreciate all assets placed in service during the short year
under the SL method.
2017 Tax Year | Small Business Quickfinder ® Handbook J-5
Under SL, depreciation after the short tax year is determined by
dividing the number one by the years remaining in the recovery Depreciation Recapture
period at the beginning of a year, then multiplying the result by the
unrecovered adjusted basis. When figuring the number of years Ordinary Income Treatment
remaining, consider the convention used in the year the property When depreciation is recaptured, some or all of the gain may be
is placed in service. If the number of years remaining is less than treated as ordinary income. The depreciation recapture rules often
one, the depreciation rate for that tax year is 1.0 (100%). convert what would otherwise have been a Section 1231 gain
(potentially taxed as a long-term capital gain) to ordinary income.
Example #5. Same facts as Example #4 except that SL is elected.
Short tax year depreciation in first year is:
U Caution: Any ordinary income due to Section 1245 or 1250
recapture cannot be reported on the installment method. The entire
20X1: $ 2,000 × 1⁄7 × 1 × 2.5 ÷ 12 = $60 recapture income is recognized in the year of sale, regardless of
Depreciation for years 20X1 through 20X7 is as follows: the amount of payments received that year.
20X2: $ 2,000 – $ 60 = $ 1,940 × 1 ÷ 6.7917 yrs = $286
(6.7917 years is equal to 6 years + 9.5 months)
20X3: $ 1,940 – $ 286 = $ 1,654 × 1 ÷ 5.7917 yrs = $286
Section 1245 Depreciation Recapture
Section 1245 property is generally personal property (either tan-
20X4: $ 1,654 – $ 286 = $ 1,368 × 1 ÷ 4.7917 yrs = $285
gible or intangible) that is (or has been) subject to depreciation
20X5: $ 1,368 – $ 285 = $ 1,083 × 1 ÷ 3.7917 yrs = $286 or amortization. Examples include machinery, furniture, vehicles,
20X6: $ 1,083 – $ 286 = $ 797 × 1 ÷ 2.7917 yrs = $285 livestock, franchises, covenants not to compete and Section 197
20X7: $ 797 – $ 285 = $ 512 × 1 ÷ 1.7917 yrs = $286 goodwill.
20X8: $ 512 – $ 286 = $ 226 × 100% = $226
When Section 1245 property is disposed of (whether by sale,
Except for the first and last year, SL will thus produce the same results as if exchange or involuntary conversion) at a gain, the gain is treated
the short year rules were not used. as ordinary income up to the lesser of: [IRC Sec. 1245(a)]
20X1: Using short year rules = $60 • The sum of all depreciation or amortization deductions allowed or
20X2 through 20X7: $2,000 ÷ 7 = $286 allowable (see Allowed or Allowable Depreciation in the previous
20X8: Remaining unrecovered adjusted basis × 100% = $224 column) or
(100% for property acquired and placed in service after • Gain realized on the disposition.
September 27, 2017) Any gain recognized that is more than the ordinary income from
Special (Bonus) Depreciation depreciation recapture is a Section 1231 gain.
For 2017, a special (bonus) depreciation allowance equal to 50%
of the qualified property’s depreciable basis (cost or other basis
less Section 179 deduction and credits) is available. Section 1250 Depreciation Recapture
The amount of the special depreciation allowance is not affected by Section 1250 property is any depreciable real property that is not
a short tax year or by the applicable convention. However, assets and never has been Section 1245 property [Reg. 1.1250-1(e)].
for which the special depreciation allowance is claimed are still Section 1250 property includes a depreciable leasehold of land or
counted for determining whether the mid-quarter convention ap- of Section 1250 property. However, a fee simple interest in land is
plies for the normal MACRS deduction. If the special depreciation not included because it is not depreciable.
allowance is taken, there are no AMT adjustments for depreciation Gain on the disposition of Section 1250 property is treated as
for that asset for the year placed in service or any later year. ordinary income to the extent of additional depreciation allowed
See Special (Bonus) Depreciation in Tab 10 of the 1040 Quick- or allowable on the property.
finder® Handbook for more information.
Additional Depreciation
Section 1250 Property
Section 179 Deduction in a Short Tax Year
When a Section 179 deduction is elected in a short year, no prora- Held one year or less Held longer than one year
tion is required. Section 179 yearly limitations apply as if the short All the depreciation allowed or Excess of the depreciation allowed or
year was a full tax year. [Reg. 1.179-1(c)(1)] allowable is additional depreciation. allowable over the amount that would
have been allowed using the SL method.
What’s New
U Caution: In many cases, an eligible individual not only has to
Tab Q Topics reside in the designated area or zone but also have sustained an
Inflation-Adjusted Amounts..................................... Page Q-1 economic loss or hardship because of the hurricane.
Tax Legislation........................................................ Page Q-1
Hurricanes Harvey and Irma
Additional Tax Relief for Hurricane Victims............. Page Q-1
Federally Declared Disaster Areas and Zones
Disaster Tax Relief Act............................................ Page Q-2
Hurricane Harvey Texas counties: Aransas, Austin, Bastrop, Bee, Brazoria,
Expired Tax Breaks................................................. Page Q-4 Disaster Zone Caldwell, Calhoun, Chambers, Colorado, DeWitt, Fayette,
Key 2017 IRS Rulings and Tax Cases.................... Page Q-5 Fort Bend, Galveston, Goliad, Gonzales, Grimes, Hardin,
Harris, Jackson, Jasper, Jefferson, Karnes, Kleberg,
Quick List of Key 2017 IRS Rulings and Lavaca, Lee, Liberty, Matagorda, Montgomery, Newton,
Tax Cases............................................................. Page Q-5 Nueces, Orange, Polk, Refugio, Sabine, San Jacinto, San
Identity Theft—Safeguarding Client Information..... Page Q-6 Patricio, Tyler, Victoria, Walker, Waller and Wharton.
Responding to a Security Breach of Client Data.... Page Q-6 Hurricane Harvey Above counties plus the following: Bexar, Burleson, Comal,
Disaster Area Dallas, Guadalupe, Jim Wells, Madison, Milam, San
Augustine, Tarrant, Travis and Washington.
Inflation-Adjusted Amounts Hurricane Irma Florida counties: Alachua, Baker, Bradford, Brevard,
Broward, Charlotte, Citrus, Clay, Collier, Columbia,
Disaster Zone
For a summary of inflation-adjusted amounts for 2017 (plus 2018 DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hardee,
and 2016 and prior years) see the Business Quick Facts Data Hendry, Hernando, Highlands, Hillsborough, Indian River,
Lafayette, Lake, Lee, Levy, Manatee, Marion, Martin,
Sheet on Page A-1. Miami-Dade, Monroe, Nassau, Okeechobee, Orange,
Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam,
Sarasota, Seminole, St. Johns, St. Lucie, Sumter,
Tax Legislation Suwannee, Union and Volusia.
Georgia counties: Camden, Charlton, Chatham, Coffee,
Cures Act Glynn, Liberty and McIntosh.
Enacted on December 13, 2016, the 21st Century Cures Act (Cures Hurricane Irma Above counties plus the following:
Act) was designed to help accelerate medical product development Disaster Area Florida counties: All remaining counties.
and bring new innovations and advances to patients who need Georgia counties: All remaining counties.
them faster and more efficiently. But it also included a provision that
Note: Counties shown are as of the date of publication. See https://www.fema.
is good news for small employers wanting to help employees with gov/disasters for Hurricane Maria disaster areas as well as locations in Puerto
medical expenses. It added IRC Sec. 9831(d) exempting qualified Rico and the U.S. Virgin Islands included in the Hurricane Irma disaster area.
small employer health reimbursement arrangements (QSEHRAs)
from the Affordable Care Act’s market reform penalty, effective for
tax years after 2016. See Qualified Small Employer Health Reim-
bursement Arrangements (QSEHRAs) on Page K-10 for details.
Additional Tax Relief for
Hurricane Victims
Disaster Tax Relief Act In addition to the Disaster Tax Relief Act enacted by Congress,
Enacted on September 29, 2017, the Disaster Tax Relief and the IRS provided various relief provisions that may be available to
Airport and Airway Extension Act of 2017 (Disaster Tax Relief taxpayers affected by Hurricanes Harvey, Irma and Maria.
Act) provides tax relief related to Hurricanes Harvey, Irma and In general, the IRS is providing some relief to individuals and
Maria. Most of these tax provisions apply to hurricane victims and businesses anywhere in Florida, Georgia, Puerto Rico and the
taxpayers located or doing business in the related disaster areas. Virgin Islands, as well as in parts of Texas, Louisiana and South
However, the charitable contribution relief provisions benefit any Carolina. For some of the IRS relief provisions, eligible taxpayers
taxpayer (including both individuals and corporations) that makes include individuals residing in and businesses located in counties
a qualifying charitable contribution for Hurricanes Harvey, Irma qualifying for individual assistance. Other IRS relief provisions
and Maria relief. are less restrictive, with eligible taxpayers including individuals
Disaster relief provisions. See the table Disaster Tax residing in, and businesses located in, counties qualifying for
Relief Act on Page Q-2 for the specific provisions. either individual assistance or public assistance (this includes
all counties in Florida and Georgia and certain counties in
Disaster zones and disaster areas. The Disaster Texas—see Hurricane Harvey Disaster Area in the table above).
Tax Relief Act uses two terms when defining which Because this relief that applies with regard to both individual and
taxpayers are eligible for the special provisions. public assistance counties includes postponement of various tax
• Disaster area. The area with respect to which a major disaster deadlines, individuals residing in and businesses located in such
has been declared by the President before September 21, 2017, counties have until January 31, 2018 to file any returns and pay any
under section 401 of the Robert T. Stafford Disaster Relief and taxes due. Those eligible for the extra time include: (IR-2017-160)
Emergency Assistance Act by reason of the hurricane. • Individual filers whose tax-filing extension ran out on October 16,
• Disaster zone. That portion of the hurricane disaster area de- 2017. Because tax payments related to these 2016 returns were
termined by the President to warrant individual or individual and originally due on April 18, 2017, those payments are not eligible for
public assistance from the federal government under the Robert this relief.
T. Stafford Disaster Relief and Emergency Assistance Act by • Business filers, such as calendar-year partnerships, whose
reason of the hurricane. extensions ran out on September 15, 2017.
Continued on the next page
Replacement Page 1/2018 2017 Tax Year | Small Business Quickfinder ® Handbook Q-1
• Filers of quarterly estimated tax payments due on September retirement plan can allow a hurricane victim to take a hardship
15, 2017 and January 16, 2018. distribution or borrow up to the specified statutory limits from the
• Filers of quarterly payroll and excise tax returns due on October victim’s retirement plan. It also means that a person who lives
31, 2017. outside the disaster area can take out a retirement plan loan or
• Calendar-year tax-exempt organizations whose 2016 extensions hardship distribution and use it to assist a son, daughter, parent,
ran out on November 15, 2017. grandparent or dependent who lived or worked in the disaster
A variety of other returns, payments and tax-related actions also area. Hardship withdrawals must be made by January 31, 2018.
qualify for additional time. See TX-2017-09 (Texas), FL-2017-04 (See Anns. 2017-11 and 2017-13, which specifically provide
(Florida), GA-2017-02 (Georgia), LA-2017-03 (Louisiana) and that these relief provisions apply only with regard to individuals
SC-2017-01 (South Carolina) and the disaster relief page at www. whose principal residence or place of employment was located
irs.gov for details. in a county identified for individual assistance by FEMA.)
Besides extra time to file and pay, the IRS offers other special as- • The IRS is waiving late-deposit penalties for federal payroll and
sistance to disaster-area taxpayers. This includes the following: excise tax deposits normally due during the first 15 days of the
(IR-2017-160) disaster period. Check the IRS disaster relief page for the time
• Special relief helps employer-sponsored leave-based donation periods that apply to each jurisdiction.
programs aid hurricane victims. Under these programs, employ- • The IRS is waiving the usual fees and expediting requests for
ees may forgo their vacation, sick or personal leave in exchange copies of previously filed tax returns for disaster area taxpayers.
for cash payments the employer makes, before January 1, 2019, This relief can be especially helpful to anyone whose copies of
to charities providing relief. Donated leave is not included in the these documents were lost or destroyed by the hurricane.
employee’s income, and employers may deduct these cash • If disaster-area taxpayers are contacted by the IRS on a collection
payments to charity as a business expense. (Notices 2017-48, or examination matter, they should be sure to explain how the
2017-52 and 2017-62) disaster impacts them so that the IRS can provide appropriate
• 401(k) plans and similar employer-sponsored retirement plans consideration to their case.
can make loans and hardship distributions to hurricane victims Note: For special rules that apply to casualty losses claimed by
and members of their families. Under this broad-based relief, a victims of federally declared disasters, see Casualties on Page N-15.