NW Reports -- Winter 2014 | Page 18

MOSS ADAMS Tax Planning Opportunities By Brian Etzkorn Senior Manager Now that the new tax landscape has been set, there are two important developments in 2013 for food processors and agribusiness companies. These have been highlighted because they are likely to have the greatest impact on your tax planning. #1: Tangible Property Regulations The final tangible property regulations were issued by the IRS in September and will take effect for tax years beginning on or after January 1, 2014. They apply to all taxpayers that acquire, produce, or improve tangible property. Key points of this regulation include: • An improvement to tangible property must generally be capitalized. A unit of property has been improved when activities are performed after the property has been placed in service and result in betterment, restoration, or adaptation of the property to a new or different use. For buildings, the unit of property is either the building structure or one of the specified systems, generally leading to increased capitalization. • There are several safe harbors available, including one for routine maintenance on building and nonbuilding property as well as one for small taxpayers to deduct minor building repairs. For simplicity, you may also elect to capitalize repairs for tax purposes, if you’re already capitalizing them for financial statements, by attaching an election statement to your return. • You may elect to recognize a loss on a partial disposition of an asset. This beneficial election is an improved approach to the rules originally outlined in the temporary regulations. • You may generally follow your financial statement capitalization policy for purchases up to a specified amount per item if you’ve expensed the purchases in accordance with your policy for your financial statements. For certain taxpayers, the company’s capitalization policy must be in writing as of the beginning of the year—as a result, taxpayers who plan to use this provision for 2014 must act before the end of 2013 if their policy isn’t already documented. You must elect this provision each year by attaching a statement to your tax return. • You may elect to apply any or all of the provisions on your 2012 or 2013 tax return, even if you’ve already filed your 2012 return. The window to amend your 2012 return is 180 days after its extended due date. • The annual election requirement for several provisions will require taxpayers and their advisors to discuss these issues each tax year. Once an election is made (or not made), there is generally no way to change it after the return is filed. The mandatory effective date of January 1, 2014, is quickly approaching, making it essential that business owners understand the impact the regulations will have on the company and to create an implementation plan—as soon as possible—to minimize surprises later. It is strongly recommend that you review your asset capitalization policies to see that they’re in compliance with the new regulations and consult with your tax advisor to help you implement necessary changes. #2: Depreciable Real Estate and Business Equipment Section 179 Depreciation Deduction • The Section 179 depreciation deduction for qualifying assets acquired in 2013 is $500,000. This deducContinued on page 19 w This issue of Northwest Reports is sponsored by Moss Adams LLP’s Food Processing and Agricultural Practice group of business and financial consulting CPAs. Moss Adams serves as advisors to hundreds of food processing and agricultural companies. For more information, visit www.mossadams.com 18 NWFPA NW REPORTS – WINTER 2013 Celebrating 100 Years