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Advocate Consulting Legal Group PLLC

DA40XLS

Author: Advocate Consulting Legal Group PLLC 24.03.2010

To Maximize Deductions The Taxpayer Must Place Aircraft in Service in 2012

Current tax law provides for both bonus depreciation and an enhanced expensing election available to new aircraft purchasers.  Fifty percent (50%) bonus depreciation is available for all new aircraft, including fractional interest, that are used primarily for business.  The enhanced expensing election of $139,000 applies to new or used aircraft placed in service by “qualifying small business” taxpayers.  A qualifying small business is one that invests less than $699,000 in total equipment purchases during the year.  The 50% bonus depreciation generally applies only to 2012 but may be available for certain new aircraft purchased in 2012 under a binding agreement and delivered in 2013.  Here is how the provisions are impacted on a 2012 purchase of a Diamond DA40XLS

 

Here is how the income tax deductions are calculated for a $344,900 aircraft

 

Diamond DA40XLS  
 

2012 Delivery

Cost

$344,900

Expensing Election

$139,000

Bonus Depreciation

$102,950

Regular Depreciation

$20,590

Total 1st year deductions

$262,540

Percent deductible

76%

 

The new law contains an ordering provision that provides that the expensing election be taken first.  Bonus depreciation is calculated by computing 50% of the balance of the basis remaining after the expensing election.  Regular depreciation is computed on a 5-year basis using the modified accelerated cost recovery method, generally 20% in the first year.  Aircraft ownership structuring is also impacted by unique FAA rules, sales tax issues, and liability concerns which must be blended with these new tax rules.  For further details see our Aircraft Depreciation calculator at http://www.advocatetax.com/depreciation/formDepSav.php.

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Advocate Consulting Legal Group, PLLC. 3073 Horseshoe Drive South, Naples, FL 34104. Suzanne Meiners-Levy, Esq. (239) 213-0066. IRS Circular 230 Disclosure.  New IRS rules impose requirements concerning any written federal tax advice from attorneys.  To ensure compliance with those rules, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under federal tax laws, specifically including the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Privacy Policy. Terms of Use. RSS Feed