Date:
3/27/2009 12:00:00 AM
Title:
NCBA: New 2009 Tax Program For Eligible Small Businesses
New 2009 Tax Program for Eligible Small Businesses.
As a part of H.R. 1, the American Recovery and Reinvestment Tax Act of 2009 (the “Stimulus Bill”), provisions were passed to allow taxpayers who are Eligible Small Business owners (ESB) to elect for a 3, 4, or 5-year Net Operating Loss carryback for the 2008 tax year. This is a change from the current carryback period of two years.
These changes were made to instructions for Forms 1045 and 1139 and are usable when a small business has deductions that exceed their income resulting in a Net Operating Loss. For the 2008 tax year, ESBs with a net operating loss can choose to offset their 2008 loss against the income earned in and up to a five year period. The normal two-year carryback remains available for any ESB that does not choose to use the special carryback provision. If the loss exceeds the income for the carryback period, the ESB can continue to carry forward the remaining balance of the loss for up to 20 years.
Producers would need to check with their tax advisors or preparers to see if they are eligible as well as find out about pending deadlines for submission.
To help further explain these measures, the IRS has issued several documents to outline the program and answer some frequently asked questions. The press release issued by the IRS as well as a “Questions and Answers” sheet is attached. Also, included below is an IRS document with more information on farm income and deductions.
NCBA continues to work with Congress and the Administration on various tax measures that affect cattle producers.
IR-2009-26.doc
QAs for NOL 5 year Carryback.doc
IRS FARM INCOME SHEET
Ten Things You May Not Know about Farm Income and Deductions
If you are in the business of farming, here are some things you may want to know before filing your federal tax return.
1. Crop Insurance Proceeds You must include in income any crop insurance proceeds you receive as the result of crop damage. You generally include them in the year you receive them.
2. Sales Caused by Weather-Related Condition If you sell more livestock, including poultry, than you normally would in a year because of weather-related conditions, you may be able to choose to postpone reporting the gain from selling the additional animals until the next year.
3. Farm Income Averaging You may be able to average all or some of your current year's farm income and refiguring your tax over the three prior years. This may give you a lower tax if your current year income from farming is high, and your taxable income from one or more of the three prior years was low.
4. Deductible Farm Expenses The ordinary and necessary costs of operating a farm for profit are deductible business expenses. An ordinary expense is an expense that is common and accepted in the business. A necessary expense is one that is appropriate for the business.
5. Employees You can deduct reasonable wages paid for labor hired to perform your farming operations.
6. Items Purchased for Resale You may be able to deduct the cost of livestock and other items purchased for resale in the year of sale. This cost includes freight charges for transporting the livestock to the farm.
7. Net Operating Losses If your deductible loss from operating your farm is more than your other income for the year, you may have a net operating loss. If you have a net operating loss this year, you can carry it to other years and deduct it. You may be able to get a refund of all or part of the income tax you paid for past years, or you may be able to reduce your tax in future years.
8. Repayment of Loans You cannot deduct the repayment of a loan. However, if you use the proceeds of a loan for farm business expenses, you can deduct the interest you pay on the loan.
9. Fuel and Road Use You may be eligible to claim a credit or refund of excise taxes on fuel used on a farm for farming purposes.
10. Farmers Tax Guide More information about farm income and deductions can be found in IRS Publication 225, Farmer’s Tax Guide, which can be obtained online at IRS.gov or by calling the IRS at 800-TAX-FORM (800-829-3676).