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Description Requested by Chamber of Congress President (5Ws & H) for
  Senator Gillibrand & Editorial Board Crain’s NY Business                              P.2

Small Business Usage of Proposed Tax Benefit Exchange for Crain’s Reporter              P.3

Better Solution to Repatriate $1 Trillion of Foreign Profits back to US re NYtimes      P.4

Letter to Senator Blumenthal from iklein@electronic-boardroom.com                     P.5-6

Letter to Congressman Larson & Senator Himes iklein@electronic-boardroom.com          P.7-8
Support Response from US Congress Representative Himes                                 P.9

Letter to Chairman House Ways & Means Committee, Dave Camp                             P.10

Frequently Asked Questions                                                           p.11-12


Electronic Venture Game Changers Series: Formulas to Capitalize on
   The 5th Estate Megatrend                                                            P.13




                                                                                               1
Description Requested by Nancy Ploeger, Chamber of Congress President
     to Senator Kirsten Gillibrand & Editorial Board Crain’s NY Business

Who:
 Technology & Marketing Ventures Inc. (TMVi) is a woman-owned, Manhattan Chamber of
  Commerce business and British Airways’ Face of Opportunity contest winner.
 June Klein, CEO is a financial information technologist known for positively changing
  competitive landscapes in electronic governance and trading.
 TMVi’s General Counsel reinvented a corporate tax benefit sale program to benefit
  small businesses.

Why:
 Evidence exists that being able to actually use depreciation deductions creates jobs and
  jumpstarts the US economy, but it requires a tax law tweak.
 #1 problem at Global Entrepreneur’s Conference was bank reluctance to fund small business
  growth.

Where & When:
 Proposal needs to reach the House Ways and Means Committee and the Senate Finance
  Committee for approval asap.

What:
 TMVi Tax Benefit Exchange™ proposal allows a small business to sell its Section 1245
  depreciation on newly purchased equipment to any other US taxpayer. The sales price would
  be at a market price determined on a bid and asked basis.
 Private capital, without public funds, would be used to create the Tax Benefit Exchange. There
  would be no secondary market to avoid complexities in enforcement. Thus, private capital
  would be used to partially fund small business growth and private employment.
 This private marketplace would enable small businesses to monetize unused new depreciation
  tax benefits. Since the depreciation deduction is already in the law and scored by the
  Congressional Budget Office, no increase in the deficit would occur.

How:
 The Tax Benefit Exchange proposal more efficiently uses the depreciation tax benefit already
  enacted by Congress.
 The IRS administration of the sale of depreciation deductions would require a simple form
  similar to Form 8023 which allows for the election of Section 338(h)(10). The buyer and seller
  would each sign the form with their names, addresses and tax ID numbers and attach it to
  their returns. The tax basis of the asset for which the depreciation is sold would be zero while
  the book basis remains unchanged.

Contact June Klein

jklein@tmv.com T: 212/628-2178 C: 917-601-2444

http://the-5th-estate.com http://5th.electronic-boardroom.com/handout2011feb9.pdf




                                                                                                2
March 18, 2011 jklein@tmv.com for Crain’s Reporter: Eilene Zimmerman

             Small Business Usage of Proposed Tax Benefit Exchange

The Tax Benefit Exchange enables small businesses to sell depreciation deductions for
cash. A depreciation deduction is a deduction against income not a credit against tax.
Corporations and individuals who are at the top tax rate of 35% can benefit most from
utilizing the depreciation deduction.

Most small businesses are S corps or LLCs. S corps and LLCs do not pay tax. The tax is
paid by the stockholder (for a S corp) or the member (for a LLC).

Below is an example of a small business that will benefit if legislation is passed by
Congress and will not benefit under current tax law.

Example for 2011 Tax Return- Newco is a LLC or a S corp It has income of $1,000,000,
expenses of 1,000,000 and a 100% bonus depreciation deduction of $1,000,000 for 2011.
June owns all of the LLC or S corp. Assuming no other deductions, Newco as a pass
through would result in June reporting:

$1,000,000 Gross income -1,000,000 employee expenses - 1,000,000 depreciation expense=
($1,000,000) loss. If June does not have $1,000,000 of income on her personal 1040 return,
the depreciation deduction gives June no current tax benefit.

If Congress passes legislation allowing the sale of depreciation deductions, Newco could
sell the $1,000,000 depreciation deduction to another taxpayer who has tax liability.
Newco could get $300,000+ from a taxpayer who is in the 35% tax bracket on a bid and
asked basis for the $1,000,000 depreciation deduction.

      The $300,000+ cash amount could then be used to reduce debt, use as working
      capital, hire more employees or expand the business.

If Congress does not pass legislation allowing the sale of depreciation deductions, Newco
will have $300,000+ less cash and will likely not be able to currently reduce its debt,
increase its working capital, hire more employees nor expand the business. Every
taxpayer is different. The Tax Benefit Exchange gives the small business owner another
option to help finance growth and hire more employees immediately.




                                                                                         3
In response to: “Apple, Cisco, Google, Seek Tax Relief to Repatriate Cash”
Editor in Chief EBN    3/24/2011 and
http://dealbook.nytimes.com/2010/10/27/u-s-companies-hoarding-almost-1-trillion-cash/

US companies have more than $1 trillion in cash outside the country, funds they could use to create jobs at home -- but they
lack the incentive to do so because of the taxman, according to a new organization set up to prod Congress on the issue.
More than two-thirds of the organization's 18 supporters are technology companies involved either in software development
or electronics hardware design and sales. They include Adobe Systems Inc. (Nasdaq: ADBE), Apple Inc. (Nasdaq: AAPL),
Broadcom Corp. (Nasdaq: BRCM), CA Technologies (Nasdaq: CA), Cisco Systems Inc. (Nasdaq: CSCO), EMC Corp.
(NYSE: EMC), Google (Nasdaq: GOOG), Microsoft Corp. (Nasdaq: MSFT), Oracle Corp. (Nasdaq: ORCL), and Qualcomm
Inc. (Nasdaq: QCOM). In fact, it wouldn't be stretching the truth to say the supporters of this initiative are mainly American
technology companies with huge cash hoards outside the
country.http://www.ebnonline.com/author.asp?section_id=1038&doc_id=205093


Better Solution to Repatriate $1 Trillion of Foreign Profits back to US
Ira Klein, Tax Law Expert 3/25/2011 12:59:07 PM

Ira & June Klein of Technology & Marketing Ventures Inc have sent a solution to US Senator Gillebrand (NY) to propose
legislation to permit the sale of new depreciation deductions without increasing the deficit. We are calling upon technology
companies who are at the 35% tax rate, to support the proposed legislation and get it passed.

If the $1 trillion of cash coming back from foreign profits were to be used to fund small businesses per the TMVi Tax Benefit
Exchange, repatriation of $1 trillion of foreign profits by US corporations would improve the US economy and create US jobs.
Small businesses create 70% of all new private sector jobs while large corporations produce less than 30% of new private
sector jobs. The 2004 experience permitting a tax holiday in the repatriation of foreign profits produced marginal benefits to
the US economy.

The TMVi Tax Benefit Exchange would permit the tax free repatriation of foreign profits if those profits are used to buy unused
new depreciation deductions from small businesses. This purchase would benefit small businesses by providing cash from
unused new depreciation deductions and effectively lowering their new equipment costs. Small and large businesses would
benefit from TMVi Tax Benefit Exchange's streamlined simple process of matching/settling the sale of depreciation benefits
with buyer's purchases.

Further, such a purchase would provide a net profit to the large US corporation = difference between the 35% tax rate and the
tax benefit purchase price cleared on the TMVi Tax Benefit Exchange. Thus technology companies who generally pay taxes
at the top rate would benefit. http://5th.electronic-boardroom.com/handou-tax-benefits-exchange




                                                                                                                                 4
Letter to Senator Blumental from iklein@electronic-boardroom.com
 ----------------------------------------------------------------------------------------------------------------------------

                                                                                                       March 11, 2011
Senator Richard Blumenthal
G55 Dirksen Senate Office Building
Washington, DC 20510

         RE: How Small Businesses Can Get Private Capital and Create Jobs:
         Meeting Request to Propose Solution to Senate Finance Committee

Dear Senator Blumenthal:

I write to you as my senator in Washington, DC. I have previously written Congressman
Jim Himes, as my local Congressman, and to Congressman John Larson, as the
Connecticut member of the House Ways and Means Committee.

 I am a Westport resident, former Senior Tax Counsel for Danbury’s Union Carbide / Dow
Chemical and adjunct Professor of tax law for the MBA and CFP programs at Fairfield
University. Further, as a qualified tax lawyer, JD BU Law and LLM in tax NYU Law,
who previously worked for a Wall Street law firm, I am not representing any client and
have created the enclosed tax proposal pro bono. The US faces a serious job crisis and
needs to explore solutions. Yet, my attempts at using standard social change platforms
such as comments on articles or government websites have resulted in responses like:
continuously asking for donations, “no response” which is good for a venter, we’ll get back
to you in 4-6 months, here is our repetitive newsletter which has nothing to do with the
question you asked…

My intent is to be constructive by:
 addressing President Obama’s ongoing calls since 11/5/2010 for innovative ideas
  directed at small businesses which account for 70% of all new private sector jobs;
 creating, focusing and shortening a feedback loop from expert solution providers to
  government decision makers in order to solve the US job problem.

I have drafted a deficit neutral, bipartisan flow process to help US small businesses
obtain private capital and hence grow their business and employ US workers. I enclose a
copy of the proposal: “Tax Benefit Exchange: How Small Businesses Can Get Private
Capital and Create Jobs.” The tax proposal is contained in the first 5 pages. The tax
proposal is also an application of a social change platform for public initiatives.

My wife, June Klein, developed a “distributed public expertise” web site in association
with the Oxford Internet Institute, Oxford University UK, to post fresh ideas to solve
government problems and recently won a small business award from British Airways. At
the British Airways London event honoring global entrepreneurial winners, Lord Stephen
Greene the UK Minister for Trade and Investment requested the Tax Benefit Exchange
proposal and is evaluating it as a way to increase small business growth and decrease UK
unemployment.
                                                                                                                           5
The Tax Benefit Exchange proposal allows a small business to sell its Section 1245
depreciation on newly purchased equipment to any other US taxpayer. The sales price
would be at a market price determined on a bid and asked basis. Private capital, without
public funds, would be used to create the Tax Benefit Exchange. There would be no
secondary market to avoid complexities in enforcement. Thus, private capital would be
used to partially fund small business growth and private employment. Such a private
marketplace enables small businesses to monetize currently any unused new depreciation
tax benefits encouraged by Congress. Since the depreciation deduction is already in the
law and scored by the CBO, no increase in the deficit would occur. The Tax Benefit
Exchange proposal more efficiently uses the depreciation tax benefit already enacted by
Congress.

The IRS administration of the sale of depreciation deductions would require a simple
form similar to Form 8023 which allows for the election of Section 338(h)(10). The buyer
and seller would each sign the form with their names, addresses and tax ID numbers and
attach it to their returns. The tax basis of the asset for which the depreciation is sold
would be zero while the book basis remains unchanged.

At the conference in London, UK attended by many US small businesses and start ups,
the common theme was their inability to get capital. SBA loans while well intended were
insufficient, plus the paperwork was an added burden. The Tax Benefit Exchange
proposal puts the power in the hands of small businesses to quickly obtain private capital
to reduce the cost of obtaining new equipment or fund working capital.

As you know, a form of this proposal was enacted in 1981 in the Economic Recovery Act of
1981. President Reagan had just won the election in part because of the severe recession
in 1980 which had unemployment rates similar to the rates today. While I do not have
empirical data to support it, anecdotal evidence supports the sale of tax benefits as a way
to increase GDP and increase employment. I worked on many transactions involving the
sale of tax benefits in 1981 and 1982 until its repeal in 1983. The problem with the 1981
law was that it was so complex that only large corporations like Union Carbide
Corporation could benefit under a cost-benefit analysis.

In short, the Tax Benefit Exchange gives small business the power to partially fund their
capital needs using private capital with no additional cost to the US treasury. The US
government only needs to be an enabler to permit the sale of new depreciation deductions.
Let the market efficiently help small businesses utilize the tax depreciation deductions
recently enacted by Congress.

I would welcome the opportunity to meet with you in Connecticut or Washington. Kindly
respond to me via my cell 203/858-5186 with a date and time as soon as possible so we can
jumpstart this small business, job creation solution with a tweak in the tax law.

Respectfully,

Ira Paul Klein
Enclosure: 14 page proposal: Tax Benefit Exchange
launched by http://the-5th-estate.com integrated by http://dpe.electronic-boardroom.com
                                                                                          6
Letter to Congressman Larson and Senator Himes iklein@electronic-boardroom.com
       ---------------------------------------------------------------------------------------------------------------------
                                                                                                        March 7, 2011
Honorable Jim Himes
119 Cannon House Office Building
Washington, DC 20515

Honorable John Larson
1501 Longworth House Office Building
Washington, DC 20515

      RE: How Small Businesses Can Get Private Capital and Create Jobs:
    Meeting Request to Propose Solution to House Ways and Means Committee

Dear Congressmen Himes and Larson:

I write to you Mr. Himes, as my local Congressman, and to you Mr. Larson, as the
Connecticut member of the House Ways and Means Committee. I am a Westport resident,
former Senior Tax Counsel for Danbury’s Union Carbide / Dow Chemical and adjunct
Professor of tax law for MBA and CFP programs at Fairfield University. Further, as a
qualified tax lawyer, JD BU Law and LLM in tax NYU Law, who previously worked for a
Wall Street law firm, I am not representing any client and have created the enclosed tax
proposal pro bono. The US faces a serious job crisis and needs to explore solutions. Yet,
my attempts at using standard social change platforms such as comments on articles or
government websites have resulted in responses like: continuously asking for donations,
“no response” which is good for a venter, we’ll get back to you in 4-6 months, here is our
repetitive newsletter which has nothing to do with the question you asked…

My intent is to be constructive by:
 addressing Obama’s ongoing calls since 11/5/2010 for innovative ideas directed at
  small businesses which account for 70% of all new private sector jobs;
 creating, focusing and shortening a feedback loop from expert solution providers to
  government decision makers in order to solve the US job problem.

I have drafted a deficit neutral, bipartisan flow process to help US small businesses
obtain private capital and hence grow their business and employ US workers. I enclose a
copy of the proposal: “Tax Benefit Exchange: How Small Businesses Can Get Private
Capital and Create Jobs.” The tax proposal is contained in the first 5 pages. The tax
proposal is also an application of a social change platform for public initiatives.

My wife, June Klein, developed a “distributed public expertise” web site in association
with the Oxford Internet Institute, Oxford University UK, to post fresh ideas to solve
government problems and recently won a small business award from British Airways. At
the British Airways London event honoring global entrepreneurial winners, Lord Stephen
Greene the UK Minister for Trade and Investment requested the Tax Benefit Exchange
proposal and is evaluating it as a way to increase small business growth and decrease UK
unemployment.

                                                                                                                          7
The Tax Benefit Exchange proposal allows a small business to sell its Section 1245
depreciation on newly purchased equipment to any other US taxpayer. The sales price
would be at a market price determined on a bid and asked basis. Private capital, without
public funds, would be used to create the Tax Benefit Exchange. There would be no
secondary market to avoid complexities in enforcement. Thus, private capital would be
used to partially fund small business growth and private employment. Such a private
marketplace enables small businesses to monetize currently any unused new depreciation
tax benefits encouraged by Congress. Since the depreciation deduction is already in the
law and scored by the CBO, no increase in the deficit would occur. The Tax Benefit
Exchange proposal more efficiently uses the depreciation tax benefit already enacted by
Congress.

The IRS administration of the sale of depreciation deductions would require a simple
form similar to Form 8023 which allows for the election of Section 338(h)(10). The buyer
and seller would each sign the form with their names, addresses and tax ID numbers and
attach it to their returns. The tax basis of the asset for which the depreciation is sold
would be zero while the book basis remains unchanged.

At the conference in London, UK attended by many US small businesses and start ups,
the common theme was their inability to get capital. SBA loans while well intended were
insufficient, plus the paperwork was an added burden. The Tax Benefit Exchange
proposal puts the power in the hands of small businesses to quickly obtain private capital
to reduce the cost of obtaining new equipment or fund working capital.

As you both know, a form of this proposal was enacted in 1981 in the Economic Recovery
Act of 1981. President Reagan had just won the election in part because of the severe
recession in 1980 which had unemployment rates similar to the rates today. While I do
not have empirical data to support it, anecdotal evidence supports the sale of tax benefits
as a way to increase GDP and increase employment. I worked on many transactions
involving the sale of tax benefits in 1981 and 1982 until its repeal in 1983. The problem
with the 1981 law was that it was so complex that only large corporations like Union
Carbide Corporation could benefit under a cost-benefit analysis.

In short, the Tax Benefit Exchange gives small business the power to partially fund their
capital needs using private capital with no additional cost to the US treasury. The US
government only needs to be an enabler to permit the sale of new depreciation deductions.
Let the market efficiently help small businesses utilize the tax depreciation deductions
recently enacted by Congress.

I would welcome the opportunity to meet with either of you in Connecticut or
Washington. Kindly respond to me via my cell 203/858-5186 with a date and time as soon
as possible so we can jumpstart this small business, job creation solution with a tweak in
the tax law.

Respectfully,
Ira Paul Klein
Enclosure: 14 page proposal: Tax Benefit Exchange
launched by http://the-5th-estate.com integrated by http://dpe.electronic-boardroom.com
                                                                                          8
RESPONSE FROM CONGRESSMAN JIM HIMES OF CT:
                                                      June 27, 2011


Dear Mrs. Klein,

Thank you for sending me your thoughts and a copy of your published research on jumpstarting the American economy
and creating American jobs. I appreciate your comments and am grateful that you took the time to contact me.

I believe that in these difficult economic times, all ideas must be on the table. Your proposal to allow businesses to sell
unused tax credits to other businesses to fund capital investments is quite interesting, and I am grateful that thoughtful
constituents such as yourself are taking the President up on his offer to hear ideas that could stimulate this country's
economic growth and create private sector jobs.

If you have any additional questions regarding this or other issues, please do not hesitate to contact my office. You can
sign up for my newsletter and find more information on my views and my work in Congress by visiting my official
website at himes.house.gov.



Sincerely,


Jim Himes
Member of Congress




                                                                                                                9
TO:       The Honorable Dave Camp, Chairman House Ways & Means Committee
FROM: June Klein, CEO and Ira Klein, General Tax Counsel of Technology & Marketing Ventures Inc.
        jklein@tmv.com T: 212.628.2178 fax:212.744.2089 C: 917.601.2444
  ______________via FAX TO: 202/225-9679              Date: June 9, 2011___________________________

 JOB GROWTH SOLUTION FOR HOUSE WAYS & MEANS COMMITTEE USING PRIVATE CAPITAL


   The single biggest problem facing our country today is the lack of job growth by small businesses.
   Economists almost uniformly agree how to create new US jobs.
      1. New jobs must come from the private sector; 67% of all new jobs come from small businesses.
      2. Banks must increase the flow of capital to small businesses. Banks have decreased their lending to
          small businesses.
      3. Tax incentives add more revenue to the US treasury than they cost.
      4. Tax incentives and tax “rebates” to small businesses are needed to allow small businesses to start
          up new businesses and expand existing small businesses.

   Above is what is needed to create US jobs and below outlines the solution to making it happen.

   TMVi Tax Benefit Exchange™ creates incentives set forth by economists to create new small business jobs.
     1. The sale of new depreciation deductions by small businesses to private third parties act as a cash
         rebate for new and existing small businesses. However, the cash rebate comes from private capital
         not the government.
     2. The cash rebate through the sale of new depreciation deductions can be assigned to the bank
         financing the acquisition of new equipment thereby reducing the outstanding indebtedness to the
         bank. This structure would increase the free flow of capital to small businesses by assigning a
         “cash” asset to the lending bank.
     3. TMVi Tax Benefit Exchange™ does not require a new tax incentive; it only requires a change in the
         tax law to allow small businesses the ability to sell an existing tax incentive. The existing tax
         incentive to be sold is the depreciation deduction currently allowed to small businesses for newly
         purchased equipment. The sale of tax depreciation for new equipment would be sold at FMV on a
         bid and asked basis. This sale of depreciation deductions would enable small businesses to monetize
         new tax depreciation deductions it cannot currently use. This private capital can be used to reduce
         debt, expand the business, maintain or hire new employees. Since current tax depreciation is an
         existing tax incentive already scored by the CBO, there is no increase in the deficit. Quite to the
         contrary, increasing small business opportunities, employment and growth will increase GDP and
         US treasury revenue.
     4. The genesis of this idea that tax incentives can be sold has its roots in the Reagan administration
         tax proposals in 1982-1983. During this period, unemployment approached 10% similar to the
         unemployment rate that exists today. Anecdotal evidence in 1984 supports the notion that the sale
         of tax benefits will increase employment and increase tax revenue for the US treasury.
     5. TMVi Tax Benefit Exchange™ proposal was the feature article in Crain’s New York Business dated
         May 9, 2011. Please click on this link for online version or Google “Crains June Klein”
         http://crainsnewyork.com/article/20110508/SMALLBIZ/305089992
     6. A more detailed explanation of TMVi Tax Benefit Exchange™ proposal is available upon request
         from you or your staff. What is needed in order for you to propose this to your committee?




                                                                                                          10
FREQUENTLY ASKED QUESTIONS

Q1. What is the Tax Benefit Exchange (TBE)?
 A. The TBE is an online exchange which matches sellers and buyers of new depreciation deductions.
    The sellers are small businesses and start-ups that buy new equipment but cannot currently use
    the new depreciation deduction. The buyers are US business taxpayers who use private capital to
    buy the seller’s new depreciation deductions. Such buyers reduce their US income tax liability by
    buying the new depreciation deductions from the small business/start-up sellers. The price for the
    new depreciation deductions is FMV determined on a bid and asked basis.

Q2. Will the TBE increase the US government’s deficit?
A. No. The TBE uses existing depreciation deductions already scored (calculated) by the
    Congressional Budget Office. In fact, the TBE is expected to reduce the deficit by stimulating small
    business growth, employment and revenue by the 1.6 economic multiplier effect.

Q3. Will the TBE require the use of government money?
 A. No. Private capital alone is used to buy the new depreciation deductions from small
    businesses/start-ups. Existing tax laws allowing depreciation for new equipment are used; no
    new tax incentives are required from the US government. Only a small change in the tax law
    allowing the sale of new depreciation deductions under current tax law is required.

Q4. Will the TBE increase US gross domestic product (GDP)?
 A. Yes. The TBE allows small businesses/start-ups to monetize (receive cash for) its new
     depreciation deductions they currently cannot use. These funds are used to i) reduce debt of
     equipment purchased, ii) provide working capital, iii) expand or maintain existing business and/or
     iv) hire new employees. The use of the funds in these activities increases GDP.

Q5. Will the TBE increase US employment?
 A. Yes. As small businesses grow and start-ups appear, US employment increases. Since
    approximately 70% of all new private sector employment comes from small businesses and start-
    ups, the TBE will directly and favorably increase US employment.

Q6. How will the TBE be administered by the Internal Revenue Service (IRS)?
  A The TBE will send a 1099 form for every transaction to the IRS, seller and buyer. Further, the
    IRS will create a one page form to be signed by the seller and buyer. The form          contains i)
    description of the property whose depreciation is being sold, ii) a copy of the purchase order for
    the equipment iii) addresses of the seller and buyer, and iv) the tax ID numbers for the seller and
    buyer. Both seller and the buyer must attach a copy of this new one page form to their respective
    tax returns for the year of the sale of new depreciation deductions.

                                                                                                     11
Q7. Will the seller have to report gain or loss on the sale of new depreciation deductions?
 A. No. Since the seller is not selling the property, it will not report gain or loss on the transaction.
    However, the seller will make a basis adjustment to zero as if the asset is fully depreciated for
    tax purposes. Gain, loss, recapture would then follow existing tax rules. There is no change of
    cost basis for book purposes.

Q8. Why isn’t the use of the proceeds strictly tied to job creation?
  A. There are already a small amount of credits linked directly to increases in employment which have
     not worked. A few years ago, Congress passed a one-time repatriation of foreign earnings at 8%
     if the money was used to increase jobs and this legislation was a failure for various reasons.

       On the other hand, the reason the 1982-1983 tax benefit sale legislation was so successful was
       that it did not limit the use of the funds received on the sale.

       Jobs come from small businesses and businesses supplying equipment to small businesses.
       Small businesses should decide where to use the money instead of government micro
       managing the small business. If business expands, they will employ more people.

 Q9.     Why not tie small businesses’ ability to sell their tax depreciation deductions based on the
       salaries of employees hired with funds gained from the auction?
 A.     Limiting the sale of depreciation deductions to reinvestment in jobs is difficult for the IRS to
        administer. Tracing the funds received on the sale of depreciation deductions to see if jobs are
        created would require a significant increase in the IRS’s budget to avoid the prospect of fraud.

       In addition, the tying of salaries to deductions would result in an auction process that would
       create uncertainty in the mind of the buyer. Thus, the buyer either would (i) not buy or (ii)
       require an indemnity from a small business which is not practical or (iii) require a substantial
       discount from the seller thereby making the sale uneconomical for the seller.

Q10. What is the next step to implement the TBE? When will it happen?
 A.  Congress must change the tax law to permit the sale of new depreciation deductions.
     Currently, Rep. Dave Camp of Michigan, Sen. Kirsten Gillibrand of New York, Reps. John
     Larson and Jim Himes of Connecticut have reviewed the proposal and are working on getting
     the proposal on the table. In fact Rep. Jim Himes has written on June 27, 2011, “I believe that
     in these difficult economic times, all ideas must be on the table. Your proposal to allow
     businesses to sell unused tax credits [deductions] to other businesses to fund capital
     investments is quite interesting…” Favorable press includes Crains New York Business and
     other publications.

       We are creating an internet movement to push the House Ways and Means Committee and the
       Senate Finance Committee to implement this novel approach to jump start the small business
       economy and increase US employment. Also driving this tax law change is the 2012 election
       campaign which is demanding real job solutions. We expect passed legislation by November
       2012. The TMVi Tax Benefit Exchange is ready to go right now.




                                                                                                        12
Electronic Venture Game Changers Series:
Formulas to Capitalize on The 5th Estate Megatrend
                                                                     June Klein
June Klein, Chair of The 5th Estate Innovators…
10 Leaders that expand upon Oxford
Internet Research to Solve Global Problems




                       This research report by the Director of the Oxford Internet Institute outlines 8
                       strategies to enable citizen experts to solve public policy problems.




                       Expanding upon the Oxford Internet recommendations above, this ebook describes an
                       application launched on the-5th-estate.com social change platform. The CEO &
                       General Counsel of Technology & Marketing Ventures Inc presented this solution at
                       Oxford Said and to the UK Minister of Finance. US Senator Gillebrand (NY) is reviewing
                       it. Crains Business NY is writing an article describing how small businesses will be
                       empowered by monetizing their unused depreciation deductions. This will enable
                       entrepreneurs to hire staff and jumpstart the economy without affecting the deficit.




                       The 5th Estate Innovators are 10 firms that will build upon Oxford Internet Institute 5th
                       estate Research. They will receive a trailer of the upcoming 5th estate book to be
                       published by Oxford University Press in 2012 and they will be included in a 5th estate
                       groundbreaking event. With this grounding, the 5th Estate Innovators can start creating
                       Next Practices. This is in contrast to emulating Best Practices that are a step behind a
                       rapidly evolving world.

                       Contact June Klein jklein@tmv.com




                                                                                                             13

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  • 1. CONTENTS Description Requested by Chamber of Congress President (5Ws & H) for Senator Gillibrand & Editorial Board Crain’s NY Business P.2 Small Business Usage of Proposed Tax Benefit Exchange for Crain’s Reporter P.3 Better Solution to Repatriate $1 Trillion of Foreign Profits back to US re NYtimes P.4 Letter to Senator Blumenthal from iklein@electronic-boardroom.com P.5-6 Letter to Congressman Larson & Senator Himes iklein@electronic-boardroom.com P.7-8 Support Response from US Congress Representative Himes P.9 Letter to Chairman House Ways & Means Committee, Dave Camp P.10 Frequently Asked Questions p.11-12 Electronic Venture Game Changers Series: Formulas to Capitalize on The 5th Estate Megatrend P.13 1
  • 2. Description Requested by Nancy Ploeger, Chamber of Congress President to Senator Kirsten Gillibrand & Editorial Board Crain’s NY Business Who:  Technology & Marketing Ventures Inc. (TMVi) is a woman-owned, Manhattan Chamber of Commerce business and British Airways’ Face of Opportunity contest winner.  June Klein, CEO is a financial information technologist known for positively changing competitive landscapes in electronic governance and trading.  TMVi’s General Counsel reinvented a corporate tax benefit sale program to benefit small businesses. Why:  Evidence exists that being able to actually use depreciation deductions creates jobs and jumpstarts the US economy, but it requires a tax law tweak.  #1 problem at Global Entrepreneur’s Conference was bank reluctance to fund small business growth. Where & When:  Proposal needs to reach the House Ways and Means Committee and the Senate Finance Committee for approval asap. What:  TMVi Tax Benefit Exchange™ proposal allows a small business to sell its Section 1245 depreciation on newly purchased equipment to any other US taxpayer. The sales price would be at a market price determined on a bid and asked basis.  Private capital, without public funds, would be used to create the Tax Benefit Exchange. There would be no secondary market to avoid complexities in enforcement. Thus, private capital would be used to partially fund small business growth and private employment.  This private marketplace would enable small businesses to monetize unused new depreciation tax benefits. Since the depreciation deduction is already in the law and scored by the Congressional Budget Office, no increase in the deficit would occur. How:  The Tax Benefit Exchange proposal more efficiently uses the depreciation tax benefit already enacted by Congress.  The IRS administration of the sale of depreciation deductions would require a simple form similar to Form 8023 which allows for the election of Section 338(h)(10). The buyer and seller would each sign the form with their names, addresses and tax ID numbers and attach it to their returns. The tax basis of the asset for which the depreciation is sold would be zero while the book basis remains unchanged. Contact June Klein jklein@tmv.com T: 212/628-2178 C: 917-601-2444 http://the-5th-estate.com http://5th.electronic-boardroom.com/handout2011feb9.pdf 2
  • 3. March 18, 2011 jklein@tmv.com for Crain’s Reporter: Eilene Zimmerman Small Business Usage of Proposed Tax Benefit Exchange The Tax Benefit Exchange enables small businesses to sell depreciation deductions for cash. A depreciation deduction is a deduction against income not a credit against tax. Corporations and individuals who are at the top tax rate of 35% can benefit most from utilizing the depreciation deduction. Most small businesses are S corps or LLCs. S corps and LLCs do not pay tax. The tax is paid by the stockholder (for a S corp) or the member (for a LLC). Below is an example of a small business that will benefit if legislation is passed by Congress and will not benefit under current tax law. Example for 2011 Tax Return- Newco is a LLC or a S corp It has income of $1,000,000, expenses of 1,000,000 and a 100% bonus depreciation deduction of $1,000,000 for 2011. June owns all of the LLC or S corp. Assuming no other deductions, Newco as a pass through would result in June reporting: $1,000,000 Gross income -1,000,000 employee expenses - 1,000,000 depreciation expense= ($1,000,000) loss. If June does not have $1,000,000 of income on her personal 1040 return, the depreciation deduction gives June no current tax benefit. If Congress passes legislation allowing the sale of depreciation deductions, Newco could sell the $1,000,000 depreciation deduction to another taxpayer who has tax liability. Newco could get $300,000+ from a taxpayer who is in the 35% tax bracket on a bid and asked basis for the $1,000,000 depreciation deduction. The $300,000+ cash amount could then be used to reduce debt, use as working capital, hire more employees or expand the business. If Congress does not pass legislation allowing the sale of depreciation deductions, Newco will have $300,000+ less cash and will likely not be able to currently reduce its debt, increase its working capital, hire more employees nor expand the business. Every taxpayer is different. The Tax Benefit Exchange gives the small business owner another option to help finance growth and hire more employees immediately. 3
  • 4. In response to: “Apple, Cisco, Google, Seek Tax Relief to Repatriate Cash” Editor in Chief EBN 3/24/2011 and http://dealbook.nytimes.com/2010/10/27/u-s-companies-hoarding-almost-1-trillion-cash/ US companies have more than $1 trillion in cash outside the country, funds they could use to create jobs at home -- but they lack the incentive to do so because of the taxman, according to a new organization set up to prod Congress on the issue. More than two-thirds of the organization's 18 supporters are technology companies involved either in software development or electronics hardware design and sales. They include Adobe Systems Inc. (Nasdaq: ADBE), Apple Inc. (Nasdaq: AAPL), Broadcom Corp. (Nasdaq: BRCM), CA Technologies (Nasdaq: CA), Cisco Systems Inc. (Nasdaq: CSCO), EMC Corp. (NYSE: EMC), Google (Nasdaq: GOOG), Microsoft Corp. (Nasdaq: MSFT), Oracle Corp. (Nasdaq: ORCL), and Qualcomm Inc. (Nasdaq: QCOM). In fact, it wouldn't be stretching the truth to say the supporters of this initiative are mainly American technology companies with huge cash hoards outside the country.http://www.ebnonline.com/author.asp?section_id=1038&doc_id=205093 Better Solution to Repatriate $1 Trillion of Foreign Profits back to US Ira Klein, Tax Law Expert 3/25/2011 12:59:07 PM Ira & June Klein of Technology & Marketing Ventures Inc have sent a solution to US Senator Gillebrand (NY) to propose legislation to permit the sale of new depreciation deductions without increasing the deficit. We are calling upon technology companies who are at the 35% tax rate, to support the proposed legislation and get it passed. If the $1 trillion of cash coming back from foreign profits were to be used to fund small businesses per the TMVi Tax Benefit Exchange, repatriation of $1 trillion of foreign profits by US corporations would improve the US economy and create US jobs. Small businesses create 70% of all new private sector jobs while large corporations produce less than 30% of new private sector jobs. The 2004 experience permitting a tax holiday in the repatriation of foreign profits produced marginal benefits to the US economy. The TMVi Tax Benefit Exchange would permit the tax free repatriation of foreign profits if those profits are used to buy unused new depreciation deductions from small businesses. This purchase would benefit small businesses by providing cash from unused new depreciation deductions and effectively lowering their new equipment costs. Small and large businesses would benefit from TMVi Tax Benefit Exchange's streamlined simple process of matching/settling the sale of depreciation benefits with buyer's purchases. Further, such a purchase would provide a net profit to the large US corporation = difference between the 35% tax rate and the tax benefit purchase price cleared on the TMVi Tax Benefit Exchange. Thus technology companies who generally pay taxes at the top rate would benefit. http://5th.electronic-boardroom.com/handou-tax-benefits-exchange 4
  • 5. Letter to Senator Blumental from iklein@electronic-boardroom.com ---------------------------------------------------------------------------------------------------------------------------- March 11, 2011 Senator Richard Blumenthal G55 Dirksen Senate Office Building Washington, DC 20510 RE: How Small Businesses Can Get Private Capital and Create Jobs: Meeting Request to Propose Solution to Senate Finance Committee Dear Senator Blumenthal: I write to you as my senator in Washington, DC. I have previously written Congressman Jim Himes, as my local Congressman, and to Congressman John Larson, as the Connecticut member of the House Ways and Means Committee. I am a Westport resident, former Senior Tax Counsel for Danbury’s Union Carbide / Dow Chemical and adjunct Professor of tax law for the MBA and CFP programs at Fairfield University. Further, as a qualified tax lawyer, JD BU Law and LLM in tax NYU Law, who previously worked for a Wall Street law firm, I am not representing any client and have created the enclosed tax proposal pro bono. The US faces a serious job crisis and needs to explore solutions. Yet, my attempts at using standard social change platforms such as comments on articles or government websites have resulted in responses like: continuously asking for donations, “no response” which is good for a venter, we’ll get back to you in 4-6 months, here is our repetitive newsletter which has nothing to do with the question you asked… My intent is to be constructive by:  addressing President Obama’s ongoing calls since 11/5/2010 for innovative ideas directed at small businesses which account for 70% of all new private sector jobs;  creating, focusing and shortening a feedback loop from expert solution providers to government decision makers in order to solve the US job problem. I have drafted a deficit neutral, bipartisan flow process to help US small businesses obtain private capital and hence grow their business and employ US workers. I enclose a copy of the proposal: “Tax Benefit Exchange: How Small Businesses Can Get Private Capital and Create Jobs.” The tax proposal is contained in the first 5 pages. The tax proposal is also an application of a social change platform for public initiatives. My wife, June Klein, developed a “distributed public expertise” web site in association with the Oxford Internet Institute, Oxford University UK, to post fresh ideas to solve government problems and recently won a small business award from British Airways. At the British Airways London event honoring global entrepreneurial winners, Lord Stephen Greene the UK Minister for Trade and Investment requested the Tax Benefit Exchange proposal and is evaluating it as a way to increase small business growth and decrease UK unemployment. 5
  • 6. The Tax Benefit Exchange proposal allows a small business to sell its Section 1245 depreciation on newly purchased equipment to any other US taxpayer. The sales price would be at a market price determined on a bid and asked basis. Private capital, without public funds, would be used to create the Tax Benefit Exchange. There would be no secondary market to avoid complexities in enforcement. Thus, private capital would be used to partially fund small business growth and private employment. Such a private marketplace enables small businesses to monetize currently any unused new depreciation tax benefits encouraged by Congress. Since the depreciation deduction is already in the law and scored by the CBO, no increase in the deficit would occur. The Tax Benefit Exchange proposal more efficiently uses the depreciation tax benefit already enacted by Congress. The IRS administration of the sale of depreciation deductions would require a simple form similar to Form 8023 which allows for the election of Section 338(h)(10). The buyer and seller would each sign the form with their names, addresses and tax ID numbers and attach it to their returns. The tax basis of the asset for which the depreciation is sold would be zero while the book basis remains unchanged. At the conference in London, UK attended by many US small businesses and start ups, the common theme was their inability to get capital. SBA loans while well intended were insufficient, plus the paperwork was an added burden. The Tax Benefit Exchange proposal puts the power in the hands of small businesses to quickly obtain private capital to reduce the cost of obtaining new equipment or fund working capital. As you know, a form of this proposal was enacted in 1981 in the Economic Recovery Act of 1981. President Reagan had just won the election in part because of the severe recession in 1980 which had unemployment rates similar to the rates today. While I do not have empirical data to support it, anecdotal evidence supports the sale of tax benefits as a way to increase GDP and increase employment. I worked on many transactions involving the sale of tax benefits in 1981 and 1982 until its repeal in 1983. The problem with the 1981 law was that it was so complex that only large corporations like Union Carbide Corporation could benefit under a cost-benefit analysis. In short, the Tax Benefit Exchange gives small business the power to partially fund their capital needs using private capital with no additional cost to the US treasury. The US government only needs to be an enabler to permit the sale of new depreciation deductions. Let the market efficiently help small businesses utilize the tax depreciation deductions recently enacted by Congress. I would welcome the opportunity to meet with you in Connecticut or Washington. Kindly respond to me via my cell 203/858-5186 with a date and time as soon as possible so we can jumpstart this small business, job creation solution with a tweak in the tax law. Respectfully, Ira Paul Klein Enclosure: 14 page proposal: Tax Benefit Exchange launched by http://the-5th-estate.com integrated by http://dpe.electronic-boardroom.com 6
  • 7. Letter to Congressman Larson and Senator Himes iklein@electronic-boardroom.com --------------------------------------------------------------------------------------------------------------------- March 7, 2011 Honorable Jim Himes 119 Cannon House Office Building Washington, DC 20515 Honorable John Larson 1501 Longworth House Office Building Washington, DC 20515 RE: How Small Businesses Can Get Private Capital and Create Jobs: Meeting Request to Propose Solution to House Ways and Means Committee Dear Congressmen Himes and Larson: I write to you Mr. Himes, as my local Congressman, and to you Mr. Larson, as the Connecticut member of the House Ways and Means Committee. I am a Westport resident, former Senior Tax Counsel for Danbury’s Union Carbide / Dow Chemical and adjunct Professor of tax law for MBA and CFP programs at Fairfield University. Further, as a qualified tax lawyer, JD BU Law and LLM in tax NYU Law, who previously worked for a Wall Street law firm, I am not representing any client and have created the enclosed tax proposal pro bono. The US faces a serious job crisis and needs to explore solutions. Yet, my attempts at using standard social change platforms such as comments on articles or government websites have resulted in responses like: continuously asking for donations, “no response” which is good for a venter, we’ll get back to you in 4-6 months, here is our repetitive newsletter which has nothing to do with the question you asked… My intent is to be constructive by:  addressing Obama’s ongoing calls since 11/5/2010 for innovative ideas directed at small businesses which account for 70% of all new private sector jobs;  creating, focusing and shortening a feedback loop from expert solution providers to government decision makers in order to solve the US job problem. I have drafted a deficit neutral, bipartisan flow process to help US small businesses obtain private capital and hence grow their business and employ US workers. I enclose a copy of the proposal: “Tax Benefit Exchange: How Small Businesses Can Get Private Capital and Create Jobs.” The tax proposal is contained in the first 5 pages. The tax proposal is also an application of a social change platform for public initiatives. My wife, June Klein, developed a “distributed public expertise” web site in association with the Oxford Internet Institute, Oxford University UK, to post fresh ideas to solve government problems and recently won a small business award from British Airways. At the British Airways London event honoring global entrepreneurial winners, Lord Stephen Greene the UK Minister for Trade and Investment requested the Tax Benefit Exchange proposal and is evaluating it as a way to increase small business growth and decrease UK unemployment. 7
  • 8. The Tax Benefit Exchange proposal allows a small business to sell its Section 1245 depreciation on newly purchased equipment to any other US taxpayer. The sales price would be at a market price determined on a bid and asked basis. Private capital, without public funds, would be used to create the Tax Benefit Exchange. There would be no secondary market to avoid complexities in enforcement. Thus, private capital would be used to partially fund small business growth and private employment. Such a private marketplace enables small businesses to monetize currently any unused new depreciation tax benefits encouraged by Congress. Since the depreciation deduction is already in the law and scored by the CBO, no increase in the deficit would occur. The Tax Benefit Exchange proposal more efficiently uses the depreciation tax benefit already enacted by Congress. The IRS administration of the sale of depreciation deductions would require a simple form similar to Form 8023 which allows for the election of Section 338(h)(10). The buyer and seller would each sign the form with their names, addresses and tax ID numbers and attach it to their returns. The tax basis of the asset for which the depreciation is sold would be zero while the book basis remains unchanged. At the conference in London, UK attended by many US small businesses and start ups, the common theme was their inability to get capital. SBA loans while well intended were insufficient, plus the paperwork was an added burden. The Tax Benefit Exchange proposal puts the power in the hands of small businesses to quickly obtain private capital to reduce the cost of obtaining new equipment or fund working capital. As you both know, a form of this proposal was enacted in 1981 in the Economic Recovery Act of 1981. President Reagan had just won the election in part because of the severe recession in 1980 which had unemployment rates similar to the rates today. While I do not have empirical data to support it, anecdotal evidence supports the sale of tax benefits as a way to increase GDP and increase employment. I worked on many transactions involving the sale of tax benefits in 1981 and 1982 until its repeal in 1983. The problem with the 1981 law was that it was so complex that only large corporations like Union Carbide Corporation could benefit under a cost-benefit analysis. In short, the Tax Benefit Exchange gives small business the power to partially fund their capital needs using private capital with no additional cost to the US treasury. The US government only needs to be an enabler to permit the sale of new depreciation deductions. Let the market efficiently help small businesses utilize the tax depreciation deductions recently enacted by Congress. I would welcome the opportunity to meet with either of you in Connecticut or Washington. Kindly respond to me via my cell 203/858-5186 with a date and time as soon as possible so we can jumpstart this small business, job creation solution with a tweak in the tax law. Respectfully, Ira Paul Klein Enclosure: 14 page proposal: Tax Benefit Exchange launched by http://the-5th-estate.com integrated by http://dpe.electronic-boardroom.com 8
  • 9. RESPONSE FROM CONGRESSMAN JIM HIMES OF CT: June 27, 2011 Dear Mrs. Klein, Thank you for sending me your thoughts and a copy of your published research on jumpstarting the American economy and creating American jobs. I appreciate your comments and am grateful that you took the time to contact me. I believe that in these difficult economic times, all ideas must be on the table. Your proposal to allow businesses to sell unused tax credits to other businesses to fund capital investments is quite interesting, and I am grateful that thoughtful constituents such as yourself are taking the President up on his offer to hear ideas that could stimulate this country's economic growth and create private sector jobs. If you have any additional questions regarding this or other issues, please do not hesitate to contact my office. You can sign up for my newsletter and find more information on my views and my work in Congress by visiting my official website at himes.house.gov. Sincerely, Jim Himes Member of Congress 9
  • 10. TO: The Honorable Dave Camp, Chairman House Ways & Means Committee FROM: June Klein, CEO and Ira Klein, General Tax Counsel of Technology & Marketing Ventures Inc. jklein@tmv.com T: 212.628.2178 fax:212.744.2089 C: 917.601.2444 ______________via FAX TO: 202/225-9679 Date: June 9, 2011___________________________ JOB GROWTH SOLUTION FOR HOUSE WAYS & MEANS COMMITTEE USING PRIVATE CAPITAL The single biggest problem facing our country today is the lack of job growth by small businesses. Economists almost uniformly agree how to create new US jobs. 1. New jobs must come from the private sector; 67% of all new jobs come from small businesses. 2. Banks must increase the flow of capital to small businesses. Banks have decreased their lending to small businesses. 3. Tax incentives add more revenue to the US treasury than they cost. 4. Tax incentives and tax “rebates” to small businesses are needed to allow small businesses to start up new businesses and expand existing small businesses. Above is what is needed to create US jobs and below outlines the solution to making it happen. TMVi Tax Benefit Exchange™ creates incentives set forth by economists to create new small business jobs. 1. The sale of new depreciation deductions by small businesses to private third parties act as a cash rebate for new and existing small businesses. However, the cash rebate comes from private capital not the government. 2. The cash rebate through the sale of new depreciation deductions can be assigned to the bank financing the acquisition of new equipment thereby reducing the outstanding indebtedness to the bank. This structure would increase the free flow of capital to small businesses by assigning a “cash” asset to the lending bank. 3. TMVi Tax Benefit Exchange™ does not require a new tax incentive; it only requires a change in the tax law to allow small businesses the ability to sell an existing tax incentive. The existing tax incentive to be sold is the depreciation deduction currently allowed to small businesses for newly purchased equipment. The sale of tax depreciation for new equipment would be sold at FMV on a bid and asked basis. This sale of depreciation deductions would enable small businesses to monetize new tax depreciation deductions it cannot currently use. This private capital can be used to reduce debt, expand the business, maintain or hire new employees. Since current tax depreciation is an existing tax incentive already scored by the CBO, there is no increase in the deficit. Quite to the contrary, increasing small business opportunities, employment and growth will increase GDP and US treasury revenue. 4. The genesis of this idea that tax incentives can be sold has its roots in the Reagan administration tax proposals in 1982-1983. During this period, unemployment approached 10% similar to the unemployment rate that exists today. Anecdotal evidence in 1984 supports the notion that the sale of tax benefits will increase employment and increase tax revenue for the US treasury. 5. TMVi Tax Benefit Exchange™ proposal was the feature article in Crain’s New York Business dated May 9, 2011. Please click on this link for online version or Google “Crains June Klein” http://crainsnewyork.com/article/20110508/SMALLBIZ/305089992 6. A more detailed explanation of TMVi Tax Benefit Exchange™ proposal is available upon request from you or your staff. What is needed in order for you to propose this to your committee? 10
  • 11. FREQUENTLY ASKED QUESTIONS Q1. What is the Tax Benefit Exchange (TBE)? A. The TBE is an online exchange which matches sellers and buyers of new depreciation deductions. The sellers are small businesses and start-ups that buy new equipment but cannot currently use the new depreciation deduction. The buyers are US business taxpayers who use private capital to buy the seller’s new depreciation deductions. Such buyers reduce their US income tax liability by buying the new depreciation deductions from the small business/start-up sellers. The price for the new depreciation deductions is FMV determined on a bid and asked basis. Q2. Will the TBE increase the US government’s deficit? A. No. The TBE uses existing depreciation deductions already scored (calculated) by the Congressional Budget Office. In fact, the TBE is expected to reduce the deficit by stimulating small business growth, employment and revenue by the 1.6 economic multiplier effect. Q3. Will the TBE require the use of government money? A. No. Private capital alone is used to buy the new depreciation deductions from small businesses/start-ups. Existing tax laws allowing depreciation for new equipment are used; no new tax incentives are required from the US government. Only a small change in the tax law allowing the sale of new depreciation deductions under current tax law is required. Q4. Will the TBE increase US gross domestic product (GDP)? A. Yes. The TBE allows small businesses/start-ups to monetize (receive cash for) its new depreciation deductions they currently cannot use. These funds are used to i) reduce debt of equipment purchased, ii) provide working capital, iii) expand or maintain existing business and/or iv) hire new employees. The use of the funds in these activities increases GDP. Q5. Will the TBE increase US employment? A. Yes. As small businesses grow and start-ups appear, US employment increases. Since approximately 70% of all new private sector employment comes from small businesses and start- ups, the TBE will directly and favorably increase US employment. Q6. How will the TBE be administered by the Internal Revenue Service (IRS)? A The TBE will send a 1099 form for every transaction to the IRS, seller and buyer. Further, the IRS will create a one page form to be signed by the seller and buyer. The form contains i) description of the property whose depreciation is being sold, ii) a copy of the purchase order for the equipment iii) addresses of the seller and buyer, and iv) the tax ID numbers for the seller and buyer. Both seller and the buyer must attach a copy of this new one page form to their respective tax returns for the year of the sale of new depreciation deductions. 11
  • 12. Q7. Will the seller have to report gain or loss on the sale of new depreciation deductions? A. No. Since the seller is not selling the property, it will not report gain or loss on the transaction. However, the seller will make a basis adjustment to zero as if the asset is fully depreciated for tax purposes. Gain, loss, recapture would then follow existing tax rules. There is no change of cost basis for book purposes. Q8. Why isn’t the use of the proceeds strictly tied to job creation? A. There are already a small amount of credits linked directly to increases in employment which have not worked. A few years ago, Congress passed a one-time repatriation of foreign earnings at 8% if the money was used to increase jobs and this legislation was a failure for various reasons. On the other hand, the reason the 1982-1983 tax benefit sale legislation was so successful was that it did not limit the use of the funds received on the sale. Jobs come from small businesses and businesses supplying equipment to small businesses. Small businesses should decide where to use the money instead of government micro managing the small business. If business expands, they will employ more people. Q9. Why not tie small businesses’ ability to sell their tax depreciation deductions based on the salaries of employees hired with funds gained from the auction? A. Limiting the sale of depreciation deductions to reinvestment in jobs is difficult for the IRS to administer. Tracing the funds received on the sale of depreciation deductions to see if jobs are created would require a significant increase in the IRS’s budget to avoid the prospect of fraud. In addition, the tying of salaries to deductions would result in an auction process that would create uncertainty in the mind of the buyer. Thus, the buyer either would (i) not buy or (ii) require an indemnity from a small business which is not practical or (iii) require a substantial discount from the seller thereby making the sale uneconomical for the seller. Q10. What is the next step to implement the TBE? When will it happen? A. Congress must change the tax law to permit the sale of new depreciation deductions. Currently, Rep. Dave Camp of Michigan, Sen. Kirsten Gillibrand of New York, Reps. John Larson and Jim Himes of Connecticut have reviewed the proposal and are working on getting the proposal on the table. In fact Rep. Jim Himes has written on June 27, 2011, “I believe that in these difficult economic times, all ideas must be on the table. Your proposal to allow businesses to sell unused tax credits [deductions] to other businesses to fund capital investments is quite interesting…” Favorable press includes Crains New York Business and other publications. We are creating an internet movement to push the House Ways and Means Committee and the Senate Finance Committee to implement this novel approach to jump start the small business economy and increase US employment. Also driving this tax law change is the 2012 election campaign which is demanding real job solutions. We expect passed legislation by November 2012. The TMVi Tax Benefit Exchange is ready to go right now. 12
  • 13. Electronic Venture Game Changers Series: Formulas to Capitalize on The 5th Estate Megatrend June Klein June Klein, Chair of The 5th Estate Innovators… 10 Leaders that expand upon Oxford Internet Research to Solve Global Problems This research report by the Director of the Oxford Internet Institute outlines 8 strategies to enable citizen experts to solve public policy problems. Expanding upon the Oxford Internet recommendations above, this ebook describes an application launched on the-5th-estate.com social change platform. The CEO & General Counsel of Technology & Marketing Ventures Inc presented this solution at Oxford Said and to the UK Minister of Finance. US Senator Gillebrand (NY) is reviewing it. Crains Business NY is writing an article describing how small businesses will be empowered by monetizing their unused depreciation deductions. This will enable entrepreneurs to hire staff and jumpstart the economy without affecting the deficit. The 5th Estate Innovators are 10 firms that will build upon Oxford Internet Institute 5th estate Research. They will receive a trailer of the upcoming 5th estate book to be published by Oxford University Press in 2012 and they will be included in a 5th estate groundbreaking event. With this grounding, the 5th Estate Innovators can start creating Next Practices. This is in contrast to emulating Best Practices that are a step behind a rapidly evolving world. Contact June Klein jklein@tmv.com 13