The Reagan tax package doesn't help your business as much as it helps you.
The Economic Recovery Tax Act of 1981 is the single biggest change in the American tax system since the introduction of wage withholding in 1942. By now a great deal has been written about the Act -- ERTA for short in the rest of this article -- more perhaps, than about any other new law in our history. This article will quickly summarize the changes important to smaller businesses. It deals primarily with those areas of ERTA that take effect this year or which require some action in 1981 to maximize your tax benefits.
A few points of perspective should be raised before getting to the heart of the matter. ERTA was drafted and passed in a great hurry, and it shows. In days gone by, tax bills took up to two years to wend their way through Congress. For most of the '50s and '60s, Arkansas congressman Wilbur Mills kept a steady hand on the tax tiller. His bills generally were well written, tightly constructed, and they meant exactly what they said. ERTA is not well written, and it is a big bill. More uncertainty will be added to an already complex system as a result, and some points in the law may take years to come into sharp focus because their effect will depend on Internal Revenue Service regulations. The IRS is years behind in issuing regulations now. ERTA won't help matters.
It's a safe bet that a "technical correction" act will follow ERTA in 1982. Such bills, meant to correct errors in the drafting process and to remedy unintended oversights, are common. They also offer a perfect opportunity for backdoor special interest additions to tax bills. So don't assume that ERTA is set in stone.
Finally, it's fair to say that little or no consideration was given to the issue of tax fairness by either side in the congressional debate. Capital- and equipment-intensive businesses are clearly ERTA's most favored constituents. In fact, it appears that for certain types of companies in this category, the corporate tax has been repealed entirely, so sweeping are the effects of the new law. On the other hand, labor-intensive and "service" businesses have far less to cheer about -- and that's the majority of small businesses.
But there are many positive aspects to ERTA, and for the majority of established small companies, some truly significant changes.
ERTA's revisions fall into two time frames: those that begin this year and those that don't begin until 1982 or subsequent years. There are three categories of revisions: business revisions, personal revisions, and changes in the estate and gift tax laws. In that order, let's look at the important points.
HOW THE NEW LAW AFFECTS YOUR BUSINESS
DEPRECIATION. There are only four write-off classifications under the new law for most businesses. These are:
* "3-year property," such as autos and property used in connection with research and experimentation;
* "10-year property," primarily restricted to public utility property and some other special cases;
* "15-year property," which generally is real estate;
* "5-year property," which applies to those things not covered above and includes everything from desks to computers to heavy equipment. If your business is equipment-intensive, you should be very happy, particularly when the new investment tax credit provisions are combined with these changes.
Here are some other critical depreciation rules changes, all of which apply to plant and equipment placed in service any time during 1981:
* New and used property. The same depreciation methods and periods now apply to both.
* Salvage value. This concept is no longer relevant. The entire cost of the property is depreciable.
* Special first-year write-off. Up to $10,000 per year of certain capital equipment can be expensed instead of depreciated. This provision will be phased in over five years; the limit is $5,000 in 1982.
* Personal property depreciation methods. For property placed in service between 1981 and 1984, the law prescribes the 150% declining-balance method, while 1985 property gets the 175% declining-balance method and 1986 property gets 200%. You can also elect the straight-line method and a longer write-down period for a slower write-off.
* Real property depreciation methods. The law prescribes the 175% declining-balance method. Component depreciation is no longer allowed. You may also elect the straight-line method and a longer write-off period.
* Recapture. Income from the gain on the sale of nonresidential real property will be taxed as ordinary income to the extent the property has been depreciated under the declining-balance method, which produces a relatively rapid write-off. If you use straight-line depreciation, all your profit will be taxed at lower capital gains rates.
* Churning. Special provisions aim to prevent related parties from making equipment or property used during 1980 eligible for the new faster write-downs by "selling" to each other in paper transactions.
INVESTMENT CREDITS. These are the critical new provisions:
* A credit of 6% is allowed for equipment with a three-year life. A 10% credit is allowed for equipment with a longer life. The new credits apply to any property placed in service after December 31, 1980.
* The limit on the amount of used property eligible for credit is increased from $100,000 to $125,000 per year from 1981 through 1984 and to $150,000 per year thereafter.
* A 2% credit is allowed for each year the property was held if investment credits already used are recaptured by the government when a piece of equipment is sold before the end of its write-off life (3, 5, 10, or 15 years) under the new law. If, for example, you acquire a piece of "5-year property" this year for $100,000 and claim a credit of $10,000 (10% X $100,000), then sell the property after two years, just $6,000 of your original $10,000 credit will be recaptured and must be repaid. You can keep $4,000 (2 years X 2% X $100,000).
* The investment credit carryover period is extended to 15 years from the present 7 years for credits earned but unused since December 31, 1973.
CORPORATE TAX RATES. The only changes are reductions from 17% to 15% of the first $25,000, and from 20% to 18% of the next $25,000 over the next two years. Thus taxes on a corporation's first $50,000 of income will be:
