Tax Law Blog
Bloomberg BNA reports that the IRS is expected to announce proposed regulations for the full expensing provision under Code Section 168(k) sometime late-June or early-July.
The recently-passed tax reform legislation amended Code Section 168(k) to permit businesses to immediately expense certain property placed into service after September 27, 2017, rather than waiting to take depreciation deductions over the life of the property. This full expensing puts money in the pockets of taxpayers much quicker, giving the taxpayer a chance to reinvest the money in new projects.
This, however, creates opportunity for abuse (according to the IRS) or for tax savings (according to savvy taxpayers). For the first time, qualified property is not required to be new property. Rather, used property can qualify if it is the taxpayer’s first use of the property. The IRS is wary that related parties may buy used property from one another to take advantage of the full expensing of such property. A disallowance provision for related parties is one of the issues being considered by the IRS for the proposed regulations.
Be sure to check back here at the Foster Swift Tax Blog for more analysis once the proposed regulations are released.
ShareholderMike is a business and estate planning lawyer in the Grand Rapids office of Foster Swift and is the current leader of the firm's Agri-Business sub-practice group. His area of expertise is business succession planning. This involves ...
