GAIN CLARITY BANK TAXATION: TANGIBLE PROPERTY AND DEVELOPMENTS

Similar documents
TURNING YOUR FIXED ASSET REVIEW INTO TANGIBLE TAX SAVINGS

TANGIBLE PROPERTY REGULATIONS

TANGIBLE PROPERTY REGULATIONS

Tangible Property Regulations Update. Objectives. Presented by: Iliana Malinov, CPA

Final Regulation of the Capitalization of Tangible Property

Tangible Property Regulations

Tangible Property Regulations Overview Key Provisions for Small Business Taxpayers. Tim Benningfield 07/15/2015

Tangible Property Regulations - Frequently Asked Questions (irs.gov)

After several years of struggle, the IRS

You will need to become familiar with how the new regulations will impact your business.

Tangible Property Regulations and Tax Update for the Oil and Gas Industry

Form 3115 Change in Accounting Method: Navigating the IRS Repair Regulations

Deducting and Capitalizing Business Expenses (IRS Final Capitalization Regulations)

2014 Business Federal Tax Update. Presented to the Institute of Management Accountants by : Daniel Lynn, CPA & Trace Bauman, CPA

P & C Tax Update Knowledge is the Key IASA 86 TH ANNUAL EDUCATIONAL CONFERENCE & BUSINESS SHOW

Income Tax Update for Community Banks

Tangible Property Regulations. Presented by Eric Wallace, CPA (412)

NEW REPAIR REGULATIONS Tangible Property Regulations

IRS ISSUES ACCOUNTING METHOD CHANGE GUIDANCE IN TWO REVENUE PROCEDURES TO COMPLY WITH TANGIBLE PROPERTY REGULATIONS

Implementing the new tangible property regulations. The revised "repair regs." require thorough assessment.

How State Nexus Rules Impact

Final and Proposed Regulations on the Deduction and Capitalization Tangible Property

Tangible Property Regulations

AGA Taxation Committee Meeting Accounting for Income Taxes: Recent Developments and Current Issues

Deconstructing the Tangible Property Temporary Regulations Understanding how the new guidance may affect your company

Implementing the new tangible property regulations

Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property

U.S. Tax Reform: Implications on Accounting for Income Taxes

Repair Regulations and your 2013 Tax Returns What You Need to Know Presenter: Roger Upton

2017 Continuing Education Course. THE TAX INSTITUTE th St Bakersfield CA THE TAX INSTITUTE S ANNUAL CPE COURSE 20HR COURSE

2017 Year-End Tax Planning for Businesses BSB LLC

U.S. Tax Reform: Implications on Accounting for Income Taxes

Presented by Thomas F. Wheeland, CPA Dale L. Scholl II, CPA. Tax Update and SSAP101 Boot Camp

Individual Tax Planning 2015 & Beyond

Technical Line. A closer look at accounting for the effects of the Tax Cuts and Jobs Act. What you need to know. Overview

PASS-THROUGH ENTITIES 330 Qualified Business Income Deduction (Passthrough Deduction)

2015 Financial Institutions Conference Tax Update for Financial Institutions

It s Finally Here BASEL III First Quarter 2015 Call Report Changes for Community Banks

2017 Call Reporting Bootcamp International ACH Transaction

This publication is distributed with the understanding that the authors and publisher are not engaged in rendering legal, accounting or other

The IRS has released much-anticipated

Tax News Flash. Massive New Capitalization/Expense Regulations Released! A Must-Consider for All Taxpayers with Depreciable Property

WHAT IT MEANS FOR CONTRACTORS AND REAL ESTATE EXECUTIVES

Frequently Asked Questions About. Tax Reform. Financial Reporting Alert 18-1 January 3, 2018 (Last updated August 30, 2018) Contents.

PPC 1120 Deskbook Practice Aids. Industry-leading tools for tax professionals

Tangible Property Regulations. Crystal Germanese, CPA, MSAT December 18, 2013

Student Learning Outcomes

Tax Reform: What Dealers Need to Know

TCJA Top Ten Tax Law Changes for Small Businesses DARBY RICH, CPA - TAX MANAGER MYRA BAKKE, CPA - TAX SHAREHOLDER

January 29, RE: Request for Immediate Guidance Regarding Pub. L. No Dear Messrs. Kautter and Paul:

Tax Cuts and Jobs Act Changes Impacting Real Estate. Presented by: Sefi Silverstein, CPA Len Nitti, CPA, MST

DEPRECIATION AND EXPENSING PROVISIONS IN THE PROTECTING AMERICANS FROM TAX HIKES

Tax Update for. Banks. Paul Fries, CPA, MST June 8, 2017

Tackling the Revised Call Report Schedule RC-R:

SDK s Annual Tax Update

REAL ESTATE REVIEW WINTER 2019

Business Changes in the Tax Cuts and Jobs Act. Alan D. Sobel, CPA December 27,

Frequently Asked Questions About. Tax Reform. Financial Reporting Alert 18-1 January 3, 2018 (Last updated January 19, 2018) Contents.

GAINING MOMENTUM IN OUR NEW TAX ENVIRONMENT: Moving Forward with Confidence

S Corporations A Complete Guide

Accounting Methods Update: Repair Regulations and Transition Guidance Baltimore DC Tax Executives Institute

AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS. ORAL STATEMENT PRESENTED TO Internal Revenue Service

Tax Cuts and Jobs Act Real Estate Industry Impact. April 30, 2018 Mary Beth Saylor, CPA Brent A. Wilkinson, CPA, JD

The Tax Cuts and Jobs Act1 (TCJA) made

Rehmann Live! Insert Presentation. Title Here

Tangible property regulations. A discussion about taxpayer considerations

IRC 199A Deduction for Qualified Business Income

Basel Committee on Banking Supervision. Basel III definition of capital - Frequently asked questions

OPERATING A BUSINESS TAX CONSIDERATIONS

Legal Alert: The Tax Cuts and Jobs Act, Take One: A Methods-Based Overview of the Initial Draft of the House Tax Bill

The Good, The Bad and the Ugly: Tax Reform in 2018 and Beyond

Modernizing Ontario s Credit Union Legislative Framework

TAX PLANNING LETTER 2017 YEAR-END TAX PLANNING FOR BUSINESSES CONTENTS

Understanding Asset Dispositions Under the Tangible Property Regulations

SSAP Update What you need to know for 2014

2016 S CORPORATION INCOME TAX RETURN CHECKLIST (form 1120S) (SHORT)

New Developments Summary

Tax Accounting Insights

Current Developments New GAAP Requirements and Effect on Accounting for Income Taxes

The Impact of Basel III on Capital Instruments

2017 Agricultural Tax Issues. Greg Bouchard for The Ohio State University

Tax Reform Highlights

Reporting High Volatility Commercial Real Estate (HVCRE) Exposures

CLICK HERE to return to the home page

New Developments Summary

Oil and Gas Tax Issues. Don Nestor, CPA Ryan Nestor, CPA, CGMA Bill Phillips, CPA J. Marlin Witt, CPA, CFP

Small Business Tax Saving Strategies for the 2012 Filing Season

Investment Advisor Roundtable 2015 Year-End Tax Update November 4, 2015

Capital in the Capitol: The New U.S. Regulatory Capital Framework August 7, 2013 Presented By Augus Oliver I. Ireland Morrison & Foerster LLP

Thankfully, the IRS responded positively to our concerns and now provides a safe-harbor rule for qualified real

Re: Proposed Agency Information Collection Activities: FFIEC 031, FFIEC 041, and FFIEC 101;

TCJA Hyper Acceleration

199A - PASSTHROUGHS TAX DEDUCTION

Capital Standards and Balance Sheet Strategies

US Tax Reform: Impact on Private Funds

Schedule RC-R: Risk Based Capital Call Report Preparation under BASEL III

The Tax Cuts and Jobs Act: Opportunities for Tax Planning, Investors, and M&A

The IRS s long and tortuous repair

GKG LAW, P.C. ATTORNEYS AT LAW * * * LEGISLATIVE ALERT * * *

The Top 6 New Tax Bill Provisions Impacting the Real Estate Industry

Transcription:

Jeffrey Ring, CPA, MST Tax Consulting & Compliance Group GAIN CLARITY BANK TAXATION: TANGIBLE PROPERTY AND DEVELOPMENTS berrydunn.com

TODAY S OBJECTIVE Help taxpayers who acquire, produce, or improve tangible property understand the implications to their business. What Yesterday and today We ll cover When How Rules take effect How you need to respond? Your questions 2

FIXED ASSET LIFECYCLE Acquisition Capitalization PIS Classification Disposition 3

GETTING UP TO SPEED Inconsistent application of rulings and case law Temporary and proposed regulations, December 2011 Final regulations and re-proposed regulations, September 2013 4

BRIDGING THE GAP Automatic consent for method changes Scope limitations waived Audit protection for prior years 5

GENERAL FRAMEWORK Materials and Supplies Disposition Costs Acquisition or production costs Improvement costs 6

Issue Old New Materials & Supplies $100 or less $200 or less Materials & Supplies De Minimis Safe Harbor Election Small Taxpayer Safe Harbor Routine maintenance Safe Harbor Capitalization Election Elect to include under the de minimis rule Lesser of.1% of tax gross receipts or 2% of book depreciation Excluded buildings Must include when applying the de minimis rule $5,000 with an AFS or $500 without an AFS Lesser of 2% of unadjusted basis or $10,000 Includes buildings Elect to capitalize repairs Dispositions Partial disposition election 7

MATERIALS AND SUPPLIES A component used to maintain or improve tangible property Consumables (fuel, water, etc.) w/useful life <12 months Property with acquisition or production costs < $200 8

COSTS TO ACQUIRE OR PRODUCE TANGIBLE PROPERTY Capitalize amounts to: Acquire or produce a unit Defend or protect title Facilitate acquisition or production of real or personal property 9

COSTS TO ACQUIRE TANGIBLE PROPERTY Transaction costs Moving and reinstallation costs Work performed prior to placing in service 10

DEDUCTION OPTION: DE MINIMIS RULE Applies to property < $5,000 with applicable F/S Applies to property < $500 without applicable F/S 11

DE MINIMIS SAFE HARBOR WITH AFS Cost per Item Incidental Materials & Supplies Non-incidental Materials & Supplies Acquired Property From $200 to $500 Deduct Deduct From $500 to $5,000 Deduct Deduct Greater than $5,000 Capitalize Capitalize 12

COSTS TO IMPROVE TANGIBLE PROPERTY Identify unit of property Apply improvement standards Routine maintenance safe harbor 13

IMPROVEMENT STANDARDS Capitalizable Improvement Betterment Restoration Adaptation 14

ROUTINE MAINTENANCE SAFE HARBOR Amounts paid for recurring activities expected to be performed to keep the unit of property in its ordinary efficient operating condition are not considered improvements Routine maintenance is an activity that the taxpayer reasonably expects to perform more than once during the class life of the unit of property Does not apply to amounts capitalized as betterments, adaptation, and certain restorations 15

SAFE HARBOR FOR SMALL TAXPAYERS The final regulations provide a safe harbor election for building property held by taxpayers with gross receipts of $10,000,000 or less Eligible building property includes a building that is owned or leased, provided that the unadjusted basis of the building is $1,000,000 or less The taxpayer may elect not to apply the improvement rules if the total amount paid during the year for repairs, maintenance, improvements, and similar activities does not exceed the lesser of $10,000 or 2% of the unadjusted basis of the property 16

DISPOSITIONS New proposed regulations will affect ALL taxpayers who dispose of MACRS property Partial disposition election requires change in accounting method 17

TAKE ACTION TO GET THINGS MOVING CORRECTLY FOR YOUR BUSINESS 18

REGULATORY CAPITAL CURRENT RULE The amount of DTAs recognized as good assets for regulatory capital are: Net with DTLs: allowed to extent netted with DTLs Net DTAs are allowed if they can be carried back against previously paid taxes Remaining allowed if they can be absorbed against projected tax liability estimated for 12 months from reporting date. 19

REGULATORY CAPITAL CURRENT RULE DTAs exceeding the limits must be written off for regulatory capital purposes AOCI items are reversed: i.e. gains/losses from AFS debt or equity, actuarial gains/losses on pension and gains/losses on cash flow hedges Option to include or exclude from limitation calculation 20

REGULATORY CAPITAL CURRENT RULE EXAMPLE Example: ABC Bank has its head office and branches in ME. It has $1,000 DTA related to loan losses, $100 tax credit carryover, $100 DTL related to fixed assets. Year 1 tax liability of $500, year 2 tax liability of $200, projected 12 month liability of $200 Step 1: net DTAs and DTL ($1,000 + $100 - $100 = $1,000) Step 2: Carryback net DTA (PY tax = $700 excess DTA of $300) Step 3: Next 12 months (DTA of $300 - $200 liability = $100 WO 21

REGULATORY CAPITAL BASEL III SUMMARY Deferred taxes are categorized differently By jurisdiction DTAs from NOLS and Credits DTAs from temporary differences Deferred tax liabilities allocated to DTAs pro rata, must be on jurisdiction basis 22

REGULATORY CAPITAL BASEL III SUMMARY Threshold Deduction Good assets to extent individually less than 10% of common equity tier 1 capital (CET1) Collectively less than 15% of CET1 Applies to: DTAs, MSAs and Significant investment in unconsolidated Financial Institution s common stock 23

REGULATORY CAPITAL BASEL III SUMMARY NOLs and Credits are subtracted from CET1 (net of allocated DTLs) DTAs either realized net of DTLs or gross, before DTL allocation. Final rule is silent on whether DTAs/DTLs are assumed to reverse at report date. Most component of AOCI must be included. There is an opt-out (one time election) for non AA Banks. 24

EXPIRING TAX PROVISION Section 179 limitation: 2013 was $500,000; 2014 and beyond is $25,000 (total investment $200,000) Bonus depreciation: 50% for 2013; none for 2014 and beyond. Exclusion for CODI on primary residence 25

INTERESTED IN MORE? Contact Jeff Ring, a Principal in BerryDunn s Tax Consulting & Compliance Group, to learn more. Jeff specializes in: Tax compliance and planning ASC 740 (tax accrual & related) Transaction planning Multi-state and financial products taxation Mergers, acquisitions & divestitures Consolidated corporate tax returns Stock compensation Bank tax matters jring@berrydunn.com 26