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INCENTIVES FOR TECHNOLOGY
                INVESTMENTS




  Kimberly A. Lawrence, CPA
TAXES ARE FUN WHEN YOU REDUCE, DEFER,
         OR ELIMINATE THEM!
TECHNOLOGY IS FUN WHEN IT EXPANDS,
ENHANCES, OR EMPOWERS WHAT WE DO
SO HOW DO WE REDUCE, DEFER,
ELIMINATE, EXPAND, ENHANCE AND
ENPOWER ALL AT THE SAME TIME?
LETS TALK TAXES


  2010 TAX RELIEF ACT HIGHLIGHTS-

      Extended Bush-era individual rates at 10, 15,
       25, 28, 33, and 35% to 2012

      An extension of the capital gains/dividends tax
       rate at 15% to 2012
2012 INDIVIDUAL TAX RATES
                   Single                               Married Filing Jointly
  Income Range           Tax      Of the amount    Income Range         Tax        Of the
                                       over                                      amount over


$0 - $8,500        10%            0               $0 - $17,000    10%            0

$8,501 – 34,500    850 + 15%      8,500           $17,001 –       1,700. + 15%   17,000
                                                  69,000
$34,501 – 83,600   4,,750 + 25%   34,500          $69,001 –       9,500. + 25%   69,000
                                                  139,350
$83,601 –          17,025 + 28%   83,600
174,400                                           $139,351 –      27,087.50 +    139,350
                                                  212,300         28%
$174,401 –         42,449 + 33%   174,400
379,150                                           $212,301 –      47.513.50 +    212,301
                                                  379,150         33%
379,151 and over   110,016.50 +   379,150
                   35%                            379,150 and     102,574 +      379,150
                                                  over            35%

                                                                                               6
2012 CORPORATE TAX RATES

     Income Range      Tax Rate    Of the amount
                                        over

   $0 - $50,000     15%            0

   $50,000 –        $7,500 + 25%   $50,000
   $75,000
   $75,000 –        $13,750 +      $75.000
   $100,000         34%
   $100,000 –       $22,250 +      $100,000
   $335,000         39%
   $335,000 –       $113,900 +     $335,000
   $10,000,000      34%
   $10,000,000-     $3,400,000 +   $10,000,000
   $15,000,000      35%
   $15,000,000-     $5,150,000 +   $15,000,000
   $18,333,333      38%
   $18,333,333-     $6,416,667 +   $18,333,333
                    35%


                                                   7
SO HOW CAN INVESTING TECHNOLOGY
      CHANGE THE TAX TABLE?
  2010 TAX RELIEF ACT ALSO –

      Extended the 50% bonus depreciation for business
       property acquired and placed in service after 1/1/12
       and before 1/1/13

      Set the expensing limitation under IRC §179 at
       $139,000 and the phase-out threshold amount at
       $560,000 for 2012.
WELL THAT IS GREEK TO ME
SO WHAT IS BONUS DEPRECIATION?
  Depreciation allows businesses to recover the cost of
   capital expenditures over time. Bonus depreciation
   allows businesses to recover these costs faster.
      Allows 50% expensing
      Plus regular depreciation
      Tangible personal property
      Off the shelf software
      Must be brand new
      Can elect out of
      No taxable income limitations
      Many states have decoupled
      No AMT preference
BONUS DEPRECIATION EXAMPLE #1
  GIGCO PURCHASES AND PLACES IN SERVICE 50
   BRAND NEW COMPUTERS ON 6/30/12 FOR A TOTAL
   COST OF $200,000. GIGCO ELECTS TO TAKE BONUS
   DEPRECIATION AND IS IN A 35% TAX BRACKET.

    BONUS DEPRECIATION     $100,000
    REGULAR DEPRECIATON     $20,000
    TOTAL DEPRECIATION     $120,000
    TAX SAVINGS             $42,000
    NET COST OF INVESTMENT $158,000
BONUS DEPRECIATION EXAMPLE #2
  GIGCO PURCHASES AND PLACES IN SERVICE 50
   BRAND NEW COMPUTERS ON 6/30/12 FOR A TOTAL
   COST OF $200,000. GIGCO ELECTS NOT TO TAKE
   BONUS DEPRECIATION AND IS IN A 35% TAX
   BRACKET.

  REGULAR DEPRECIATON     $40,000
  TAX SAVINGS             $14,000
  NET COST OF INVESTMENT $186,000
LETS TALK CODE! CODE SECTION 179

      Allows 100% expensing up to $139,000
      Plus regular depreciation on remaining basis
      Tangible personal property
      Off the shelf software
      Can be new or used property
      Must have taxable income
      More state conformity
      No AMT preference
      Phase out starts at $560,001
SECTION 179 EXAMPLE #1
  CLOUDCO PURCHASES AND PLACES IN SERVICE 50
   VOICE OVER IP PHONES ON 6/30/12 FOR A TOTAL
   COST OF $200,000. CLOUDCO ELECTS TO TAKE
   SECTION 179 AND IS IN A 35% TAX BRACKET.

    SECTION 179            $139,000
    REGULAR DEPRECIATION    $12,200
    TOTAL DEPRECIATION     $151,200
    TAX SAVINGS             $52,920
    NET COST OF INVESTMENT $147,080
SECTION 179 EXAMPLE #2
  CLOUDCO PURCHASES AND PLACES IN SERVICE 50
   VOICE OVER IP PHONES ON 6/30/12 FOR A TOTAL
   COST OF $200,000. CLOUDCO ELECTS NOT TO TAKE
   SECTION 179 AND IS IN A 35% TAX BRACKET.

  REGULAR DEPRECIATION    $40,000
  TAX SAVINGS             $14,000
  NET COST OF INVESTMENT $186,000
BONUS DEPRECIATION AND SECTION 179
           EXAMPLE #1
  VIRTUALCO PURCHASES AND PLACES IN SERVICE
   200 BRAND NEW ULTRABOOKS 6/30/12 FOR A TOTAL
   COST OF $300,000. VIRTUALCO ELECTS TO TAKE
   BONUS DEPRECIATION AND SECTION 179 AND IS IN A
   35% TAX BRACKET.
  BONUS DEPRECIATION        $150,000
  SECTION 179              $139,000
  REGULAR DEPRECIATION       $ 2,200
  TOTAL DEPRECIATION       $291,200
  TAX SAVINGS              $101,920
  NET COST OF INVESTMENT $198,080
BONUS DEPRECIATION AND SECTION 179
           EXAMPLE #2
  VIRTUALCO PURCHASES AND PLACES IN SERVICE
   200 BRAND NEW ULTRABOOKS 6/30/12 FOR A TOTAL
   COST OF $300,000. VIRTUALCO ELECTS TO NOT TO
   TAKE BONUS DEPRECIATION AND SECTION 179 AND
   IS IN A 35% TAX BRACKET.

  REGULAR DEPRECIATION    $60,000
  TAX SAVINGS             $21,000
  NET COST OF INVESTMENT $279,000
CREDIT FOR INCREASING
          RESEARCHING ACTIVITIES

    New or improved business component
    Technological in nature
    Elimination of uncertainty
    Process of experimentation
RESEARCH AND DEVELOPMENT CREDIT

  New or improved business component
      Function, performance, reliability, quality, durability
  Technological in nature
      E.g. Computer sciences
  Elimination of uncertainty
      Discover information
      Can we? How? What will it look like?
  Process of experimentation
      Evaluate processes and alternatives, design to achieve a
       result uncertain at outset. Involves testing, analyzing,
       refining, modeling, simulation, systematic trial and error
QUALIFIED R & D EXPENSES
           ELIGIBLE FOR CREDIT

  Wages paid to an employee for qualified services
   performed by such employee,

  Amounts paid for supplies used in the conduct of
   qualified research, and

  65% of qualified contract research

  Depreciation not an eligible cost
SOFTWARE DEVELOPMENTAL ACTIVITIES
       ELIGIBLE FOR CREDIT
  Conducting requirements, domain, software elements, or
   scope analysis for a new functional software
   enhancement
  Evaluating and establishing functional specifications
  Designing and developing the structural software
   architecture
  Establishing electronic interfaces and functional
   relationships between various software modules
  Programming software source code
  Compiling and testing source code
  Conducting unit, integration, functional, performance, and
   regression testing
SOFTWARE APPLICATIONS THAT MAY BE
      ELIGIBLE FOR CREDIT
  Accounting and Financial            CRM Software
   Software                            Content Management Software
  Enterprise Infrastructure           Database Management Systems
   Software                            Analytical Software
  ERP Software                        Distribution Management
  Digital Asset Management             Software
   Systems                             Video Games and Game Creation
  Logistics Management Software        Software
  Document Management Systems         Food Software
  Claims Processing Software          Software Drivers
  Geographic Information System       Marketing Software
  Educational Software                Firmware
  Time and Resource Management        Medical and Healthcare
   Software                             Management Software
IRS ASSESSMENT ON THE CREDIT
  These activities rarely fail to constitute qualified research under
   I.R.C. § 41(d).

       The initial release of an application software product may require
        new constructs such as, new architectures, new algorithms, or new
        database management techniques. The design of these new
        constructs often requires a process of experimentation to resolve
        specific software development uncertainties.

       The development of system software, such as operating systems
        and compilers, frequently entails the resolution of software
        development uncertainties related to process scheduling and
        memory management designs, and instruction execution
        optimization.

       New constructs and software development uncertainties are
        typically resolved through identifying and conducting a
        process designed to evaluate technical alternatives which
        fundamentally relies on the principles of computer science.
IRS ASSESSMENT ON THE CREDIT
  These activities rarely fail to constitute qualified
   research under I.R.C. § 41(d).


       The development of specialized technologies,
        such as image processing, artificial
        intelligence, or speech recognition.

       Software developed as part of a hardware
        product wherein the software interacts directly
        with that hardware in order to make the
        hardware/software package function as a unit.
CALCULATING THE CREDIT
  The regular research credit is an incremental credit that
   equals 20% of a taxpayer’s current year qualified research
   expenses(QREs) that exceed a base amount.
  Base amount is the taxpayer’s historical % of gross
   receipts spent on QREs (the fixed-base %) to the four
   most recent years’ average gross receipts.
  For taxpayers that had QREs in calendar years
   1984-1988, that is the historical period for determining the
   fixed-base %.
  For those that had fewer than three tax years with QREs
   and gross receipts during that period or began having
   them subsequently, the fixed-base % starts at 3% during
   the first five years beginning after 1993 and over each of
   the next five years successively approximates the actual
   % by an increasing fraction.
  Fixed base cannot exceed 16% and the base amount
   cannot be less that half of current year QREs.
REGULAR RESEARCH CREDIT
               ILLUSTRATION #1
For non start up company existed prior to 1993:

       Current year QREs = $125,000
       1984–1988 aggregate QREs = $250,000
       Divided by 1984–1988 gross receipts = $1,000,000
       Fixed-base percentage = 25%
       Lesser of FBP or 16% = 16%
       Multiplied by average annual gross receipts previous four
        years of $700,000
       Equals base amount = $112,000
       Greater of base amount or 50% current QREs = $112,000
       Excess of current QREs over minimum base amount
        = $13,000
       Multiplied by 20% equals credit $2,600
REGULAR RESEARCH CREDIT
               ILLUSTRATION #2
  For startup (first five years):

       Current year QREs = $125,000
       Fixed base percentage = 3%
       Lesser of FBP or 16% = 3%
       Multiplied by average annual gross receipts previous four
        years of $700,000
       Equals base amount = $21,000
       Greater of base amount or 50% current QREs = $62,500
       Excess of current QREs over minimum base amount
        = $62,500
       Multiplied by 20% equals credit $12,500
REGULAR RESEARCH CREDIT
               ILLUSTRATION #3
  For startup in sixth year:

       Current year QREs = $125,000
       Aggregate QREs for years 4 and 5 = $100,000
       Years 4 and 5 aggregate gross receipts = $400,000
       Percentage of QREs/AGRs x 1/6 = 4.17%
       Lesser of FBP or 16% = 4.17%
       Multiplied by average annual gross receipts previous four
        years of $700,000
       Equals base amount = $29,190
       Greater of base amount or 50% current QREs = $62,500
       Excess of current QREs over minimum base amount
        = $62,500
       Multiplied by 20% equals credit $12,500
ALTERNATIVE SIMPLIFIED CREDIT

        For tax years beginning on or after Jan. 1, 2009
     the credit equals 14% of the current year QREs that
     exceed 50% of the average QREs for the three
     preceding taxable years.

        If there are no QREs in any one of the three
     preceding tax years, the ASC rate equals 6% of the
     QREs for the credit determination year.

      The election to claim the ASC must be made on the
     original tax return and cannot be made retroactively.
ALTERNATIVE SIMPLIFIED CREDIT
             ILLUSTRATION
  Current year QREs = $125,000

  Less average QREs previous three years $100,000 x
   50% = $50,000

  Difference = $75,000

  Multiplied by 14% equals credit = $10,500
CREDIT MECHANICS

      The credit is subject to limitations of the general
     business credit.

      Limited to 25% of the taxpayer’s net tax liability
     over $25,000.

       To the extent that a research credit is not available
     for use in the current year or immediate prior year,
     unused credits have a 20-year carry forward.
CHA CHING! ARE YOU MAKING THE MOST
        OF YOUR BUCK NOW?
WHAT CHANGES IN 2013?

  SECTION 179 DEPRECIATION LIMIT DROPS TO
   $25,000 and PHASE OUT THRESHOLD TO $200,000
   IN 2013.

  BONUS DEPRECIATION IS ELIMINATED

  RESEARCH AND DEVELOPMENT CREDIT EXPIRES
ARE YOU THROWING MONEY AWAY?
  2012 COULD BE YOUR YEAR 
CONTACT ME
                 Kim Lawrence, CPA
                 Tax Principal in Charge

                 423.756.7100
                 kimlawrence@decosimo.com

                 On LinkedIn:
                 http://www.linkedin.com/pub/kim-%20lawrence/
                 1/5aa/5aa


DISCLAIMER: The contents and opinions contained in this presentation are for informational purposes
only. The information is not intended to be a substitute for professional accounting counsel. Always seek
the advice of your accountant or other financial planner with any questions you may have regarding your
financial goals.
ABOUT THE SPEAKER
Kim Lawrence is the Tax Principal in Charge for Decosimo’s Chattanooga office. She has 23
years experience in tax practice and is actively involved in the firm’s tax compliance practice,
which includes review of partnership, corporate, state, consolidated, and individual tax returns,
tax planning and tax consultation. Areas of emphasis include state taxation, financial
institutions, real estate development and closely held businesses.

Kim is licensed to practice in Tennessee and Rhode Island, and holds a Bachelor of Science
degree with a major in Accounting from Rhode Island College. As part of her continuing
professional education, she attends banking seminars, real estate seminars, and state taxation
courses.

She is a member of several professional organizations including the American Institute of
Certified Public Accountants (AICPA), Chattanooga Tax Practitioners and the Tennessee
Society of Certified Public Accountants (TSCPA), where she served as the 2010-2011
president of the Chattanooga Chapter. Kim is a also a member of the Chattanooga Women’s
Leadership Institute, the Rotary Club and is a graduate of Leadership Chattanooga. Currently,
she serves as the Board Chair of Girls, Inc. and has been appointed Chair of TSCPA Women
Initiative Committee, which is an emerging committee focused on encouraging female
leadership across Tennessee's accounting sector. She previously served as a Campaign
Cabinet volunteer with United Way of Greater Chattanooga.

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Incentives for Technology Investments

  • 1. INCENTIVES FOR TECHNOLOGY INVESTMENTS   Kimberly A. Lawrence, CPA
  • 2. TAXES ARE FUN WHEN YOU REDUCE, DEFER, OR ELIMINATE THEM!
  • 3. TECHNOLOGY IS FUN WHEN IT EXPANDS, ENHANCES, OR EMPOWERS WHAT WE DO
  • 4. SO HOW DO WE REDUCE, DEFER, ELIMINATE, EXPAND, ENHANCE AND ENPOWER ALL AT THE SAME TIME?
  • 5. LETS TALK TAXES   2010 TAX RELIEF ACT HIGHLIGHTS-   Extended Bush-era individual rates at 10, 15, 25, 28, 33, and 35% to 2012   An extension of the capital gains/dividends tax rate at 15% to 2012
  • 6. 2012 INDIVIDUAL TAX RATES Single Married Filing Jointly Income Range Tax Of the amount Income Range Tax Of the over amount over $0 - $8,500 10% 0 $0 - $17,000 10% 0 $8,501 – 34,500 850 + 15% 8,500 $17,001 – 1,700. + 15% 17,000 69,000 $34,501 – 83,600 4,,750 + 25% 34,500 $69,001 – 9,500. + 25% 69,000 139,350 $83,601 – 17,025 + 28% 83,600 174,400 $139,351 – 27,087.50 + 139,350 212,300 28% $174,401 – 42,449 + 33% 174,400 379,150 $212,301 – 47.513.50 + 212,301 379,150 33% 379,151 and over 110,016.50 + 379,150 35% 379,150 and 102,574 + 379,150 over 35% 6
  • 7. 2012 CORPORATE TAX RATES Income Range Tax Rate Of the amount over $0 - $50,000 15% 0 $50,000 – $7,500 + 25% $50,000 $75,000 $75,000 – $13,750 + $75.000 $100,000 34% $100,000 – $22,250 + $100,000 $335,000 39% $335,000 – $113,900 + $335,000 $10,000,000 34% $10,000,000- $3,400,000 + $10,000,000 $15,000,000 35% $15,000,000- $5,150,000 + $15,000,000 $18,333,333 38% $18,333,333- $6,416,667 + $18,333,333 35% 7
  • 8. SO HOW CAN INVESTING TECHNOLOGY CHANGE THE TAX TABLE?   2010 TAX RELIEF ACT ALSO –   Extended the 50% bonus depreciation for business property acquired and placed in service after 1/1/12 and before 1/1/13   Set the expensing limitation under IRC §179 at $139,000 and the phase-out threshold amount at $560,000 for 2012.
  • 9. WELL THAT IS GREEK TO ME
  • 10. SO WHAT IS BONUS DEPRECIATION?   Depreciation allows businesses to recover the cost of capital expenditures over time. Bonus depreciation allows businesses to recover these costs faster.   Allows 50% expensing   Plus regular depreciation   Tangible personal property   Off the shelf software   Must be brand new   Can elect out of   No taxable income limitations   Many states have decoupled   No AMT preference
  • 11. BONUS DEPRECIATION EXAMPLE #1   GIGCO PURCHASES AND PLACES IN SERVICE 50 BRAND NEW COMPUTERS ON 6/30/12 FOR A TOTAL COST OF $200,000. GIGCO ELECTS TO TAKE BONUS DEPRECIATION AND IS IN A 35% TAX BRACKET.   BONUS DEPRECIATION $100,000   REGULAR DEPRECIATON $20,000   TOTAL DEPRECIATION $120,000   TAX SAVINGS $42,000   NET COST OF INVESTMENT $158,000
  • 12. BONUS DEPRECIATION EXAMPLE #2   GIGCO PURCHASES AND PLACES IN SERVICE 50 BRAND NEW COMPUTERS ON 6/30/12 FOR A TOTAL COST OF $200,000. GIGCO ELECTS NOT TO TAKE BONUS DEPRECIATION AND IS IN A 35% TAX BRACKET.   REGULAR DEPRECIATON $40,000   TAX SAVINGS $14,000   NET COST OF INVESTMENT $186,000
  • 13. LETS TALK CODE! CODE SECTION 179   Allows 100% expensing up to $139,000   Plus regular depreciation on remaining basis   Tangible personal property   Off the shelf software   Can be new or used property   Must have taxable income   More state conformity   No AMT preference   Phase out starts at $560,001
  • 14. SECTION 179 EXAMPLE #1   CLOUDCO PURCHASES AND PLACES IN SERVICE 50 VOICE OVER IP PHONES ON 6/30/12 FOR A TOTAL COST OF $200,000. CLOUDCO ELECTS TO TAKE SECTION 179 AND IS IN A 35% TAX BRACKET.   SECTION 179 $139,000   REGULAR DEPRECIATION $12,200   TOTAL DEPRECIATION $151,200   TAX SAVINGS $52,920   NET COST OF INVESTMENT $147,080
  • 15. SECTION 179 EXAMPLE #2   CLOUDCO PURCHASES AND PLACES IN SERVICE 50 VOICE OVER IP PHONES ON 6/30/12 FOR A TOTAL COST OF $200,000. CLOUDCO ELECTS NOT TO TAKE SECTION 179 AND IS IN A 35% TAX BRACKET.   REGULAR DEPRECIATION $40,000   TAX SAVINGS $14,000   NET COST OF INVESTMENT $186,000
  • 16. BONUS DEPRECIATION AND SECTION 179 EXAMPLE #1   VIRTUALCO PURCHASES AND PLACES IN SERVICE 200 BRAND NEW ULTRABOOKS 6/30/12 FOR A TOTAL COST OF $300,000. VIRTUALCO ELECTS TO TAKE BONUS DEPRECIATION AND SECTION 179 AND IS IN A 35% TAX BRACKET.   BONUS DEPRECIATION $150,000   SECTION 179 $139,000   REGULAR DEPRECIATION $ 2,200   TOTAL DEPRECIATION $291,200   TAX SAVINGS $101,920   NET COST OF INVESTMENT $198,080
  • 17. BONUS DEPRECIATION AND SECTION 179 EXAMPLE #2   VIRTUALCO PURCHASES AND PLACES IN SERVICE 200 BRAND NEW ULTRABOOKS 6/30/12 FOR A TOTAL COST OF $300,000. VIRTUALCO ELECTS TO NOT TO TAKE BONUS DEPRECIATION AND SECTION 179 AND IS IN A 35% TAX BRACKET.   REGULAR DEPRECIATION $60,000   TAX SAVINGS $21,000   NET COST OF INVESTMENT $279,000
  • 18. CREDIT FOR INCREASING RESEARCHING ACTIVITIES   New or improved business component   Technological in nature   Elimination of uncertainty   Process of experimentation
  • 19. RESEARCH AND DEVELOPMENT CREDIT   New or improved business component   Function, performance, reliability, quality, durability   Technological in nature   E.g. Computer sciences   Elimination of uncertainty   Discover information   Can we? How? What will it look like?   Process of experimentation   Evaluate processes and alternatives, design to achieve a result uncertain at outset. Involves testing, analyzing, refining, modeling, simulation, systematic trial and error
  • 20. QUALIFIED R & D EXPENSES ELIGIBLE FOR CREDIT   Wages paid to an employee for qualified services performed by such employee,   Amounts paid for supplies used in the conduct of qualified research, and   65% of qualified contract research   Depreciation not an eligible cost
  • 21. SOFTWARE DEVELOPMENTAL ACTIVITIES ELIGIBLE FOR CREDIT   Conducting requirements, domain, software elements, or scope analysis for a new functional software enhancement   Evaluating and establishing functional specifications   Designing and developing the structural software architecture   Establishing electronic interfaces and functional relationships between various software modules   Programming software source code   Compiling and testing source code   Conducting unit, integration, functional, performance, and regression testing
  • 22. SOFTWARE APPLICATIONS THAT MAY BE ELIGIBLE FOR CREDIT   Accounting and Financial   CRM Software Software   Content Management Software   Enterprise Infrastructure   Database Management Systems Software   Analytical Software   ERP Software   Distribution Management   Digital Asset Management Software Systems   Video Games and Game Creation   Logistics Management Software Software   Document Management Systems   Food Software   Claims Processing Software   Software Drivers   Geographic Information System   Marketing Software   Educational Software   Firmware   Time and Resource Management   Medical and Healthcare Software Management Software
  • 23. IRS ASSESSMENT ON THE CREDIT   These activities rarely fail to constitute qualified research under I.R.C. § 41(d).   The initial release of an application software product may require new constructs such as, new architectures, new algorithms, or new database management techniques. The design of these new constructs often requires a process of experimentation to resolve specific software development uncertainties.   The development of system software, such as operating systems and compilers, frequently entails the resolution of software development uncertainties related to process scheduling and memory management designs, and instruction execution optimization.   New constructs and software development uncertainties are typically resolved through identifying and conducting a process designed to evaluate technical alternatives which fundamentally relies on the principles of computer science.
  • 24. IRS ASSESSMENT ON THE CREDIT   These activities rarely fail to constitute qualified research under I.R.C. § 41(d).   The development of specialized technologies, such as image processing, artificial intelligence, or speech recognition.   Software developed as part of a hardware product wherein the software interacts directly with that hardware in order to make the hardware/software package function as a unit.
  • 25. CALCULATING THE CREDIT   The regular research credit is an incremental credit that equals 20% of a taxpayer’s current year qualified research expenses(QREs) that exceed a base amount.   Base amount is the taxpayer’s historical % of gross receipts spent on QREs (the fixed-base %) to the four most recent years’ average gross receipts.   For taxpayers that had QREs in calendar years 1984-1988, that is the historical period for determining the fixed-base %.   For those that had fewer than three tax years with QREs and gross receipts during that period or began having them subsequently, the fixed-base % starts at 3% during the first five years beginning after 1993 and over each of the next five years successively approximates the actual % by an increasing fraction.   Fixed base cannot exceed 16% and the base amount cannot be less that half of current year QREs.
  • 26. REGULAR RESEARCH CREDIT ILLUSTRATION #1 For non start up company existed prior to 1993:   Current year QREs = $125,000   1984–1988 aggregate QREs = $250,000   Divided by 1984–1988 gross receipts = $1,000,000   Fixed-base percentage = 25%   Lesser of FBP or 16% = 16%   Multiplied by average annual gross receipts previous four years of $700,000   Equals base amount = $112,000   Greater of base amount or 50% current QREs = $112,000   Excess of current QREs over minimum base amount = $13,000   Multiplied by 20% equals credit $2,600
  • 27. REGULAR RESEARCH CREDIT ILLUSTRATION #2   For startup (first five years):   Current year QREs = $125,000   Fixed base percentage = 3%   Lesser of FBP or 16% = 3%   Multiplied by average annual gross receipts previous four years of $700,000   Equals base amount = $21,000   Greater of base amount or 50% current QREs = $62,500   Excess of current QREs over minimum base amount = $62,500   Multiplied by 20% equals credit $12,500
  • 28. REGULAR RESEARCH CREDIT ILLUSTRATION #3   For startup in sixth year:   Current year QREs = $125,000   Aggregate QREs for years 4 and 5 = $100,000   Years 4 and 5 aggregate gross receipts = $400,000   Percentage of QREs/AGRs x 1/6 = 4.17%   Lesser of FBP or 16% = 4.17%   Multiplied by average annual gross receipts previous four years of $700,000   Equals base amount = $29,190   Greater of base amount or 50% current QREs = $62,500   Excess of current QREs over minimum base amount = $62,500   Multiplied by 20% equals credit $12,500
  • 29. ALTERNATIVE SIMPLIFIED CREDIT   For tax years beginning on or after Jan. 1, 2009 the credit equals 14% of the current year QREs that exceed 50% of the average QREs for the three preceding taxable years.   If there are no QREs in any one of the three preceding tax years, the ASC rate equals 6% of the QREs for the credit determination year.   The election to claim the ASC must be made on the original tax return and cannot be made retroactively.
  • 30. ALTERNATIVE SIMPLIFIED CREDIT ILLUSTRATION   Current year QREs = $125,000   Less average QREs previous three years $100,000 x 50% = $50,000   Difference = $75,000   Multiplied by 14% equals credit = $10,500
  • 31. CREDIT MECHANICS   The credit is subject to limitations of the general business credit.   Limited to 25% of the taxpayer’s net tax liability over $25,000.   To the extent that a research credit is not available for use in the current year or immediate prior year, unused credits have a 20-year carry forward.
  • 32. CHA CHING! ARE YOU MAKING THE MOST OF YOUR BUCK NOW?
  • 33. WHAT CHANGES IN 2013?   SECTION 179 DEPRECIATION LIMIT DROPS TO $25,000 and PHASE OUT THRESHOLD TO $200,000 IN 2013.   BONUS DEPRECIATION IS ELIMINATED   RESEARCH AND DEVELOPMENT CREDIT EXPIRES
  • 34. ARE YOU THROWING MONEY AWAY? 2012 COULD BE YOUR YEAR 
  • 35. CONTACT ME Kim Lawrence, CPA Tax Principal in Charge 423.756.7100 kimlawrence@decosimo.com On LinkedIn: http://www.linkedin.com/pub/kim-%20lawrence/ 1/5aa/5aa DISCLAIMER: The contents and opinions contained in this presentation are for informational purposes only. The information is not intended to be a substitute for professional accounting counsel. Always seek the advice of your accountant or other financial planner with any questions you may have regarding your financial goals.
  • 36. ABOUT THE SPEAKER Kim Lawrence is the Tax Principal in Charge for Decosimo’s Chattanooga office. She has 23 years experience in tax practice and is actively involved in the firm’s tax compliance practice, which includes review of partnership, corporate, state, consolidated, and individual tax returns, tax planning and tax consultation. Areas of emphasis include state taxation, financial institutions, real estate development and closely held businesses. Kim is licensed to practice in Tennessee and Rhode Island, and holds a Bachelor of Science degree with a major in Accounting from Rhode Island College. As part of her continuing professional education, she attends banking seminars, real estate seminars, and state taxation courses. She is a member of several professional organizations including the American Institute of Certified Public Accountants (AICPA), Chattanooga Tax Practitioners and the Tennessee Society of Certified Public Accountants (TSCPA), where she served as the 2010-2011 president of the Chattanooga Chapter. Kim is a also a member of the Chattanooga Women’s Leadership Institute, the Rotary Club and is a graduate of Leadership Chattanooga. Currently, she serves as the Board Chair of Girls, Inc. and has been appointed Chair of TSCPA Women Initiative Committee, which is an emerging committee focused on encouraging female leadership across Tennessee's accounting sector. She previously served as a Campaign Cabinet volunteer with United Way of Greater Chattanooga.