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FROM THE OFFICE OF PUBLIC AFFAIRS

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August 3, 2004
JS-1831

Treasury And IRS Issue Depreciation Regulations

Today the Treasury Department and Internal Revenue Service issued guidance relating to the election to deduct the cost of certain tangible property and computer software. The regulations reflect changes to the law made by the Jobs and Growth Tax Relief Reconciliation Act of 2003.

The proposed and temporary regulations issued today generally permit small business taxpayers to elect to deduct up to $100,000 of the cost of qualifying property purchased and placed in service in a taxable year beginning after 2002 and before 2006. Additionally, taxpayers are permitted to make or revoke an election on an amended return for those taxable years without the consent of the Commissioner.

"The ability to expense up to $100,000 of the cost of depreciable property will significantly reduce the record-keeping burden imposed on small business taxpayers," stated Acting Treasury Assistant Secretary for Tax Policy Greg Jenner. "In addition, the regulations greatly simplify the manner in which taxpayers may make or revoke these elections and provide flexibility to small business taxpayers to ensure the election is to their advantage."

The temporary regulations are effective for taxable years beginning after 2002 and before 2006.

The text of the proposed and temporary regulations is attached.

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