Publication 225
taxmap/pubs/p225-030.htm#en_us_publink1000218173You can elect to recover all or part of the cost of certain qualifying
property, up to a limit, by deducting it in the year you place the property in
service. This is the section 179 expense deduction. You can elect the section
179 expense deduction instead of recovering the cost by taking depreciation
deductions.
This part of the chapter explains the rules for the section 179
expense deduction. It explains what property qualifies for the deduction, what
property does not qualify for the deduction, the limits that may apply, how to
elect the deduction, and when you may have to recapture the deduction.
For more information, see chapter 2 of Publication 946.
taxmap/pubs/p225-030.htm#en_us_publink1000218174To qualify for the section 179 expense deduction, your property
must meet all the following requirements.
- It must be eligible property.
- It must be acquired for business use.
- It must have been acquired by purchase.
To qualify for the section 179 expense deduction, your property
must be one of the following types of depreciable property.
- Tangible personal property.
- Qualified real property.
- Other tangible property (except buildings and their structural
components) used as:
- An integral part of manufacturing, production, or extraction
or of furnishing transportation, communications, electricity, gas, water, or
sewage disposal services;
- A research facility used in connection with any of the activities
in (a) above; or
- A facility used in connection with any of the activities
in (a) for the bulk storage of fungible commodities.
- Single purpose agricultural (livestock) or horticultural structures.
- Storage facilities (except buildings and their structural
components) used in connection with distributing petroleum or any primary
product of petroleum.
- Off-the-shelf computer software that is readily available
for purchase by the general public, is subject to a nonexclusive lease, and has
not been substantially modified.
Tangible personal property is any tangible property that is not
real property. It includes the following property.
- Machinery and equipment.
- Property contained in or attached to a building (other than
structural components), such as milk tanks, automatic feeders, barn cleaners,
and office equipment.
- Gasoline storage tanks and pumps at retail service stations.
- Livestock, including horses, cattle, hogs, sheep, goats, and
mink and other fur-bearing animals.
A facility used for the bulk storage of fungible commodities
is qualifying property for purposes of the section 179 expense deduction if it
is used in connection with any of the activities listed earlier in item (3)(a).
Bulk storage means the storage of a commodity in a large mass before it is used.
taxmap/pubs/p225-030.htm#en_us_publink1000218178A grain bin is an example of a storage facility that is qualifying
section 179 property. It is a facility used in connection with the production of
grain or livestock for the bulk storage of fungible commodities.
taxmap/pubs/p225-030.htm#en_us_publink1000218179A single purpose agricultural (livestock) or horticultural structure
is qualifying property for purposes of the section 179 expense deduction.
taxmap/pubs/p225-030.htm#en_us_publink1000218180A single purpose agricultural (livestock) structure is any building
or enclosure specifically designed, constructed, and used for both the following
reasons.
- To house, raise, and feed a particular type of livestock and
its produce.
- To house the equipment, including any replacements, needed
to house, raise, or feed the livestock.
For this purpose, livestock includes poultry.
Single purpose structures are qualifying property if used, for
example, to breed chickens or hogs, produce milk from dairy cattle, or produce
feeder cattle or pigs, broiler chickens, or eggs. The facility must include, as
an integral part of the structure or enclosure, equipment necessary to house,
raise, and feed the livestock.
taxmap/pubs/p225-030.htm#en_us_publink1000218181A single purpose horticultural structure is either of the following.
- A greenhouse specifically designed, constructed, and used
for the commercial production of plants.
- A structure specifically designed, constructed, and used for
the commercial production of mushrooms.
A structure must be used only for the purpose that qualified
it. For example, a hog barn will not be qualifying property if you use it to
house poultry. Similarly, using part of your greenhouse to sell plants will make
the greenhouse nonqualifying property.
If a structure includes work space, the work space can be used
only for the following activities.
- Stocking, caring for, or collecting livestock or plants or
their produce.
- Maintaining the enclosure or structure.
- Maintaining or replacing the equipment or stock enclosed or
housed in the structure.
To qualify for the section 179 expense deduction, your property
must have been acquired by purchase. For example, property acquired by gift or
inheritance does not qualify. Property acquired from a related person (that is,
your spouse, ancestors, or lineal descendants) is not considered acquired by
purchase.
taxmap/pubs/p225-030.htm#en_us_publink1000218184Ken is a farmer. He purchased two tractors, one from his brother
and one from his father. He placed both tractors in service in the same year he
bought them. The tractor purchased from his father does not qualify for the
section 179 expense deduction because he is a related person (as defined above).
The tractor purchased from his brother does qualify for the deduction because
Ken is not a related person (as defined above).
taxmap/pubs/p225-030.htm#en_us_publink1000218185taxmap/pubs/p225-030.htm#en_us_publink1000218186Land and land improvements, do not qualify as section 179 property.
Land improvements include nonagricultural fences, swimming pools, paved parking
areas, wharves, docks, bridges, and fences. However, agricultural fences do
qualify as section 179 property. Similarly, field drainage tile also qualifies
as section 179 property.
taxmap/pubs/p225-030.htm#en_us_publink1000218187Even if the requirements explained in the preceding discussions
are met, farmers cannot elect the section 179 expense deduction for the
following property.
- Certain property you lease to others (if you are a noncorporate
lessor).
- Certain property used predominantly to furnish lodging or
in connection with the furnishing of lodging.
- Property used by a tax-exempt organization (other than a tax-exempt
farmers' cooperative) unless the property is used mainly in a taxable unrelated
trade or business.
- Property used by governmental units or foreign persons or
entities (except property used under a lease with a term of less than 6 months).
Your section 179 expense deduction is generally the cost of the
qualifying property. However, the total amount you can elect to deduct under
section 179 is subject to a dollar limit and a business income limit. These
limits apply to each taxpayer, not to each business. However, see
Married individuals under
Dollar Limits, later. See also the special rules for applying the limits
for partnerships and S corporations under
Partnerships and S Corporations, later.
If you deduct only part of the cost of qualifying property as
a section 179 expense deduction, you can generally depreciate the cost you do
not deduct.
Use Part I of Form 4562 to figure your section 179 expense deduction.
taxmap/pubs/p225-030.htm#en_us_publink1000218189When you use property for business and nonbusiness purposes,
you can elect the section 179 expense deduction only if you use it more than 50%
for business in the year you place it in service. If you used the property more
than 50% for business, multiply the cost of the property by the percentage of
business use. Use the resulting business cost to figure your section 179 expense
deduction.
taxmap/pubs/p225-030.htm#en_us_publink1000218190If you buy qualifying property with cash and a trade-in, its
cost for purposes of the section 179 expense deduction includes only the cash
you paid. For example, if you buy (for cash and a trade-in) a new tractor for
use in your business, your cost for the section 179 expense deduction is the
cash you paid. It does not include the adjusted basis of the old tractor you
trade for the new tractor.
taxmap/pubs/p225-030.htm#en_us_publink1000218191J-Bar Farms traded two cultivators having a total adjusted basis
of $6,800 for a new cultivator costing $13,200. They received an $8,000 trade-in
allowance for the old cultivators and paid $5,200 cash for the new cultivator.
J-Bar also traded a used pickup truck with an adjusted basis of $8,000 for a new
pickup truck costing $15,000. They received a $5,000 trade-in allowance and paid
$10,000 cash for the new pickup truck.
Only the cash paid by J-Bar qualifies for the section 179 expense
deduction. J-Bar's business costs that qualify for a section 179 expense
deduction are $15,200 ($5,200 + $10,000).
taxmap/pubs/p225-030.htm#en_us_publink1000218192The total amount you can elect to deduct under section 179 for
most property placed in service in 2010 is $500,000. If you acquire and place in
service more than one item of qualifying property during the year, you can
allocate the section 179 expense deduction among the items in any way, as long
as the total deduction is not more than $500,000. You do not have to claim the
full $500,000. For specific information on section 179 dollar limits see
Publication 946.
taxmap/pubs/p225-030.htm#en_us_publink1000218194If the cost of your qualifying section 179 property placed in
service in 2010 is over $2 million, you must reduce the dollar limit (but not
below zero) by the amount of cost over $2 million. If the cost of your section
179 property placed in service during 2010 is $2,500,000 or more, you cannot
take a section 179 expense deduction and you cannot carry over the cost that is
more than $2,500,000.
taxmap/pubs/p225-030.htm#en_us_publink1000218195This year, James Smith placed in service machinery costing $2,050,000.
Because this cost is $50,000 more than $2 million, he must reduce his dollar
limit to $450,000 ($500,000 − $50,000).
taxmap/pubs/p225-030.htm#en_us_publink1000218197The total amount you can elect to deduct for certain sport utility
vehicles and certain other vehicles placed in service in 2010 is $25,000. This
rule applies to any 4-wheeled vehicle primarily designed or used to carry
passengers over public streets, roads, and highways that is rated at more than
6,000 pounds gross vehicle weight and not more than 14,000 pounds gross vehicle
weight.
For more information, see chapter 2 of Publication 946.
taxmap/pubs/p225-030.htm#en_us_publink1000218198taxmap/pubs/p225-030.htm#en_us_publink1000218199If you are married, how you figure your section 179 expense deduction
depends on whether you file jointly or separately. If you file a joint return,
you and your spouse are treated as one taxpayer in determining any reduction to
the dollar limit, regardless of which of you purchased the property or placed it
in service. If you and your spouse file separate returns, you are treated as one
taxpayer for the dollar limit, including the reduction for costs over $2
million. You must allocate the dollar limit (after any reduction) equally
between you, unless you both elect a different allocation. If the percentages
elected by each of you do not total 100%, 50% will be allocated to each of you.
taxmap/pubs/p225-030.htm#en_us_publink1000218200If you and your spouse elect to amend your separate returns by
filing a joint return after the due date for filing your return, the dollar
limit on the joint return is the lesser of the following amounts.
- The dollar limit (after reduction for any cost of section
179 property over $2 million).
- The total cost of section 179 property you and your spouse
elected to expense on your separate returns.
The total cost you can deduct each year after you apply the dollar
limit is limited to the taxable income from the active conduct of any trade or
business during the year. Generally, you are considered to actively conduct a
trade or business if you meaningfully participate in the management or
operations of the trade or business.
taxmap/pubs/p225-030.htm#en_us_publink1000218202In general, figure taxable income for this purpose by totaling
the net income and losses from all trades and businesses you actively conducted
during the year. In addition to net income or loss from a sole proprietorship,
partnership, or S corporation, net income or loss derived from a trade or
business also includes the following items.
- Section 1231 gains (or losses) as discussed in
chapter 9.
- Interest from working capital of your trade or business.
- Wages, salaries, tips, or other pay earned by you (or your
spouse if you file a joint return) as an employee of any employer.
In addition, figure taxable income without regard to any of the
following.
- The section 179 expense deduction.
- The self-employment tax deduction.
- Any net operating loss carryback or carryforward.
- Any unreimbursed employee business expenses.
In addition to the business income limit for your section 179
expense deduction, you may have a taxable income limit for some other deduction
(for example, charitable contributions). You may have to figure the limit for
this other deduction taking into account the section 179 expense deduction. If
so, complete the following steps.
| Step | Action |
|---|
| 1 | Figure taxable income without the section 179 expense deduction
or the other deduction. |
| 2 | Figure a hypothetical section 179 expense deduction using
the taxable income figured in Step 1. |
| 3 | Subtract the hypothetical section 179 expense deduction figured
in Step 2 from the taxable income figured in Step 1. |
| 4 | Figure a hypothetical amount for the other deduction using
the amount figured in Step 3 as taxable income. |
| 5 | Subtract the hypothetical other deduction figured in Step
4 from the taxable income figured in
Step 1.
|
| 6 | Figure your actual section 179 expense deduction using the
taxable income figured in Step 5. |
| 7 | Subtract your actual section 179 expense deduction figured
in Step 6 from the taxable income figured in Step 1. |
| 8 | Figure your actual other deduction using the taxable income
figured in Step 7. |
On February 1, 2010, the XYZ farm corporation purchased and placed
in service qualifying section 179 property that cost $500,000. It elects to
expense the entire $500,000 cost under section 179. In June, the corporation
gave a charitable contribution of $10,000. A corporation's limit on charitable
contributions is figured after subtracting any section 179 expense deduction.
The business income limit for the section 179 expense deduction is figured after
subtracting any allowable charitable contributions. XYZ's taxable income figured
without the section 179 expense deduction or the deduction for charitable
contributions is $520,000. XYZ figures its section 179 expense deduction and its
deduction for charitable contributions as follows.
- Step 1.
Taxable income figured without either deduction is $520,000.
- Step 2.
Using $520,000 as taxable income, XYZ's hypothetical section
179 expense deduction is $500,000.
- Step 3.
$20,000 ($520,000 − $500,000).
- Step 4.
Using $20,000 (from Step 3) as taxable income, XYZ's hypothetical
charitable contribution (limited to 10% of taxable income) is $2,000.
- Step 5.
$518,000 ($520,000 − $2,000).
- Step 6.
Using $518,000 (from Step 5) as taxable income, XYZ figures
the actual section 179 expense deduction. Because the taxable income is at least
$500,000, XYZ can take a $500,000 section 179 expense deduction.
- Step 7.
$20,000 ($520,000 − $500,000).
- Step 8.
Using $20,000 (from Step 7) as taxable income, XYZ's actual
charitable contribution (limited to 10% of taxable income) is $2,000.
You can carry over for an unlimited number of years the cost
of any section 179 property you elected to expense but were unable to because of
the business income limit.
The amount you carry over is used in determining your section
179 expense deduction in the next year. However, it is subject to the limits in
that year. If you place more than one property in service in a year, you can
select the properties for which all or a part of the cost will be carried
forward. Your selections must be shown in your books and records.
taxmap/pubs/p225-030.htm#en_us_publink1000218207Last year, Joyce Jones placed in service a machine that cost
$8,000 and elected to deduct all $8,000 under section 179. The taxable income
from her business (determined without regard to both a section 179 expense
deduction for the cost of the machine and the self-employment tax deduction) was
$6,000. Her section 179 expense deduction was limited to $6,000. The $2,000 cost
that was not allowed as a section 179 expense deduction (because of the business
income limit) is carried to this year.
This year, Joyce placed another machine in service that cost
$9,000. Her taxable income from business (determined without regard to both a
section 179 expense deduction for the cost of the machine and the
self-employment tax deduction) is $10,000. Joyce can deduct the full cost of the
machine ($9,000) but only $1,000 of the carryover from last year because of the
business income limit. She can carry over the balance of $1,000 to next year.
taxmap/pubs/p225-030.htm#en_us_publink1000218208The section 179 expense deduction limits apply both to the partnership
or S corporation and to each partner or shareholder. The partnership or S
corporation determines its section 179 expense deduction subject to the limits.
It then allocates the deduction among its partners or shareholders.
If you are a partner in a partnership or shareholder of an S
corporation, you add the amount allocated from the partnership or S corporation
to any section 179 costs not related to the partnership or S corporation and
then apply the dollar limit to this total. To determine any reduction in the
dollar limit for costs over $2 million, you do not include any of the cost of
section 179 property placed in service by the partnership or S corporation.
After you apply the dollar limit, you apply the business income limit to any
remaining section 179 costs. For more information, see chapter 2 of Publication
946.
taxmap/pubs/p225-030.htm#en_us_publink1000218209In 2010, Partnership P placed in service section 179 property
with a total cost of $2,160,000. P must reduce its dollar limit by $160,000
($2,160,000 − $2,000,000). Its maximum section 179 expense deduction is
$340,000 ($500,000 − $160,000), and it elects to expense that amount.
Because P's taxable income from the active conduct of all its trades or
businesses for the year was $400,000, it can deduct the full $340,000. P
allocates $100,000 of its section 179 expense deduction and $110,000 of its
taxable income to John, one of its partners.
John also conducts a business as a sole proprietor and in 2010,
placed in service in that business, section 179 property costing $28,000. John's
taxable income from that business was $10,000. In addition to the $100,000
allocated from P, he elects to expense the $28,000 of his sole proprietorship's
section 179 costs. However, John's deduction is limited to his business taxable
income of $120,000 ($110,000 from P plus $10,000 from his sole proprietorship).
He carries over $8,000 ($128,000 − $120,000) of the elected section 179
costs to 2011.
taxmap/pubs/p225-030.htm#en_us_publink1000218210You elect to take the section 179 expense deduction by completing
Part I of Form 4562.
 | If you elect the deduction for listed property, complete
Part V of
Form 4562 before completing Part I.
|
File Form 4562 with either of the following:
- Your original tax return (whether or not you filed it timely),
or
- An amended return filed within the time prescribed by law.
An election made on an amended return must specify the item of section 179
property to which the election applies and the part of the cost of each such
item to be taken into account. The amended return must also include any
resulting adjustments to taxable income.
An election (or any specification made in the election) to take
a section 179 expense deduction for 2010 can be revoked without IRS approval by
filing an amended return. The amended return must be filed within the time
prescribed by law. The amended return must also include any resulting
adjustments to taxable income (for example, allowable depreciation in that tax
year for the item of section 179 property for which the election pertains.) Once
made, the revocation is irrevocable.
taxmap/pubs/p225-030.htm#en_us_publink1000218213You may have to recapture the section 179 expense deduction if,
in any year during the property's recovery period, the percentage of business
use drops to 50% or less. In the year the business use drops to 50% or less, you
include the recapture amount as ordinary income. You also increase the basis of
the property by the recapture amount. Recovery periods for property are
discussed later.
| If you sell, exchange, or otherwise dispose of the property,
do not figure the recapture amount under the rules explained in this discussion.
Instead, use the rules for recapturing depreciation explained in
chapter 9 under
Section 1245 Property. |
| If the property is listed property, do not figure the recapture
amount under the rules explained in this discussion when the percentage of
business use drops to 50% or less. Instead, use the rules for recapturing
depreciation explained in chapter 5 of Publication 946 under Recapture of Excess
Depreciation. |
taxmap/pubs/p225-030.htm#en_us_publink1000218216To figure the amount to recapture, take the following steps.
- Figure the allowable depreciation for the section 179 expense
deduction you claimed. Begin with the year you placed the property in service
and include the year of recapture.
- Subtract the depreciation figured in (1) from the section
179 expense deduction you actually claimed. The result is the amount you must
recapture.
In January 2008, Paul Lamb, a calendar year taxpayer, bought
and placed in service section 179 property costing $10,000. The property is not
listed property. He elected a $5,000 section 179 expense deduction for the
property and also elected not to claim a special depreciation allowance. He used
the property only for business in 2008 and 2009. During 2010, he used the
property 40% for business and 60% for personal use. He figures his recapture
amount as follows.
| Section 179 expense deduction claimed (2008) | $5,000 |
Minus: Allowable depreciation
(instead of section 179 expense deduction):
| |
| 2008 | $1,250 | |
| 2009 | 1,875 | |
| 2010 ($1,250 × 40% (business)) | 500 | 3,625 |
| 2010 — Recapture amount | $1,375 |
| | |
Paul must include $1,375 in income for 2010.
taxmap/pubs/p225-030.htm#en_us_publink1000218219Report any recapture of the section 179 expense deduction as
ordinary income in Part IV of Form 4797 and include it in income on Schedule F
(Form 1040).
taxmap/pubs/p225-030.htm#en_us_publink1000218220If any qualified section 179 GO Zone property ceases to be used
in the GO Zone in a later year, you must recapture the benefit of the increased
section 179 expense deduction as "other income."
Previous Page |
Table of Contents |
Index |
Next Page
