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Highlights of new tax law,
the “American Jobs Creation Act of 2004”
It is mainly
directed toward large businesses, the wide-ranging law has
several provisions affecting individuals and small or
closely-held businesses.
Incentives, pro-taxpayer provisions:
 | creates a new deduction for businesses having income
“attributable to domestic production activities”; In
addition to traditional manufacturers, any business might qualify
if it: (1) produces, grows, or extracts, (2) “in whole or
in significant part within the United States,” (3) any
tangible personal property, computer software, or sound
recordings; and (4) derives income from any “lease, rental,
license, sale, exchange, or other disposition of” such
property. Other qualifying activities include: performing
construction in the United States; performing engineering or
architectural services in the United States for construction
projects in the United States; producing electricity, natural
gas, or potable water in the United States; producing films for
which at least 50% of the total compensation was paid for
services in the United States. |
 | extends previously-enacted increases in the small business
“expensing” allowance; |
 | liberalizes the rules governing S corporations; Among other
things, the new law: treats certain family members as one
shareholder for purposes of the limit on the number of eligible
shareholders; increases the number of eligible shareholders to
100; |
 | permits itemizers to deduct their state and local sales taxes
in lieu of state and local income taxes (effective for tax years
2004 and 2005); |
 | simplifies the foreign tax credit rules; Among other things,
the new law: provides a 10-year carryforward and one-year
carryback of the foreign tax credit; repeals the 90% limitation
on using foreign tax credits against the alternative minimum tax
(AMT); provides a temporary incentive in the form of an 85%
dividends received deduction for corporations to
“repatriate” their foreign earnings within a limited
timeframe; repeals the foreign personal holding company and
foreign investment company rules; |
 | provides for income and excise tax credits for biodiesel used
in certain fuel mixtures; |
 | includes a provision allowing fishermen—in addition to
farmers—to use income averaging, and providing that income
averaging will not increase alternative minimum tax (AMT)
liability (effective retroactively to January 1, 2004); |
 | includes a deduction for the first $10,000 of qualified
reforestation expenditures (effective for expenditures paid or
incurred after the date of enactment). |
Other changes:
 | limits the “expensing” allowance for sport
utility vehicles (SUVs) placed in service after the new
law’s enactment date to $25,000; |
 | starting January 1, 2005, imposes tighter rules on taxpayers
who want to claim a deduction of more than $500 for motor
vehicles, boats, or airplanes donated to charity; |
 | imposes tighter rules on charitable donations of intellectual
property, i.e., patents, copyrights and similar property, made
after June 3, 2004; |
 | dramatically toughens the rules for
“nonqualified” deferred compensation plans, which are
used by business owners and other executives as a supplement to,
or in lieu of, the “qualified” retirement plans
generally available to a business’s employees. The new law
imposes requirements on NQDC plans with regard to participant
elections, distributions, acceleration and funding that likely
will necessitate amendments to most NQDC plans; |
 | to offset the projected revenue losses from the pro-taxpayer
changes, the new law adds an extensive collection of
revenue-raising measures, broken down into four broad categories:
expatriation, tax shelters, fuel tax evasion, and “other
revenue provisions.” |
More detailed information on
this new law is available to clients in our forum.
Access here.
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