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2006 Business Extension Provisions

 

The recently passed 2006 Tax Relief and Health Care Act, a wide-ranging measure that preserves a variety of popular tax breaks for families and businesses, extends energy provisions encouraging alternative and renewable energy sources, and includes trade, oil drilling and Medicare provisions, and contains an array of tax provisions with immediate and long-term impact on businesses. Here is a look at the key tax provisions that directly affect business taxpayers.

Extension and modification of certain tax relief provisions.
The new law extends through 2007, and in certain circumstances modifies, provisions which under prior law either expired at the end of 2005 or would have expired at the end of 2006. These include:

Research tax credit.
The research and development (R&D) credit, which expired at the end of 2005 under prior law, is extended to qualified amounts paid or incurred during 2006 and 2007. In addition, for tax years ending after 2006, the new law enhances the credit by (i) increasing the rates of the alternative incremental credit and (ii) creating a new alternative simplified credit that does not use gross receipts as a factor (so that newer businesses can access the credit).

Work opportunity and welfare-to-work tax credits.
The work opportunity tax credit (WOTC), which is a credit for wages paid by employers who hire individuals from certain targeted groups, and the welfare-to-work tax credit (WWTC), which is a credit for wages paid by employers who hire long-term family assistance recipients, are extended in their current form for 2006 and combined in 2007. Modifications of the combined credit include expanded eligibility for the WOTC (raised age ceiling for food stamp recipients from 25 to 40), revised eligibility requirements for ex-felons, and extension of the paperwork filing deadline from 21 days to 28 days.

Qualified zone academy bonds (QZABs).
QZABs are tax credit bonds issued by States or localities principally for school renovation. Bond holders may claim a tax credit against federal income taxes in lieu of receiving interest. The new law extends QZABs for two years and authorizes states to issue up to $400 million of QZABs for 2006 and 2007. The new law also adds special rules relating to expenditures and arbitrage and new information reporting rules.

Brownfield remediation expensing.
Expensing of costs associated with cleaning up hazardous ("Brownfield") sites is extended through 2007, and the definition of an eligible contaminated site is expanded to include sites contaminated by petroleum products.

Leasehold and restaurant improvement recovery.
The accelerated write off for certain leasehold improvements and restaurant property (depreciation over 15 years instead of 39 years) is extended through 2007.

Enhanced deduction for corporate contributions of computer equipment for educational purposes.
The rule that encourages businesses to contribute computer technology and equipment to schools by allowing an enhanced deduction for such contributions is extended through 2007.

Extension of certain expiring energy provisions and other energy provisions.
The new law provides an extension through 2008 of a number of energy provisions that would have expired at the end of 2007 under prior law. It also contains a package of other energy provisions. The changes include:

Energy credit for certain business purchases.
The 30% business tax credit for the purchase of fuel cell power plants and solar equipment is extended through Dec. 31, 2008.

Credit to holders of clean renewable energy bonds.
The clean renewable energy bond (CREB) program is extended through Dec. 31, 2008 and an additional $400 million of CREB bonding authority is provided.

Credit for new energy efficient homes.
The tax credit for builders of new energy efficient homes is extended for one year through Dec. 31, 2008. The credit applies to manufactured homes meeting a 30% energy reduction standard and other homes meeting a 50% standard.

Deduction for energy efficient commercial buildings.
The deduction for energy efficient commercial buildings meeting a 50% energy reduction standard is extended for one year, through Dec. 31, 2008.

Please keep in mind that we have described only the highlights of the most important changes in the new law. Give us a call at your earliest convenience for more details on how you may be affected by this important tax legislation.

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