Sec 179 and listed property placed in service at end of year

Apr 06, 2010 3 Replies

Taxpayer (sole proprietor) was considering buying a new computer for a while. Upon seeing some attractive post-holiday sales, taxpayer pulls the trigger and buys it on 12/30. Taxpayer used the computer for 100% business use on 12/30 and 12/31 (setting it up, transferring over business records, installing software used by the business, etc.)



The business is one eligible to election Sec 179 treatment of assets eligible for Sec 179 expensing.



Pub 946 says that when electing Sec 179 you use the the business use percentage for the year the asset was placed in service (which here is



100%).

It alo says that you only recapture depreciation in future years when the business use percentage falls below 50% (this is listed property, remember).



The thing is that for this taxpayer the over-the-life-of-the-asset business use percentage will likely be around 75%. While the computer was legitimately and actually used 100% for business in 2009 that was unrepresentative of the "true" use due to the fact it was only in service in 2009 for two days.



Now, the letter of Pub 946 seems to indicate that the Sec 179 expense should be taken as 100% of the cost of the asset in this case. But to naive me that doesn't seem to pass the smell test given that the representative use will likely be around 75%.



So, which is it? Take the Sec 179 at 100% of the cost or at 75% of the cost?


-- Rich Carreiro snipped-for-privacy@rlcarr.com


Lucky for the taxpayer, you're smelling a rose, not garlic. Take the full Section 179, and only if business use drops below 50% during the first 6 years of the computer's use (oh, do they really last that long?) do you recapture.

Just to clarify the 6 years, since the computer is deemed to have a 5 year depeciable life, count only the last six months of the first year, and the first six months of the sixth year. That adds to five full years.

If mid quarter convention applies, make that the last three months and first

9 months.

I'm not sure if I agree with you. Section 280F(b) at

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bear out what you say -- namely the depreciation is recapturedonly if business use drops below 50%. However, depreciation has to also be recaptured when you dispose of the asset. When the business use drops from 100% to 75%, it's as if the asset was a big asset in 4 parts, and 1 part was given sold to the owner of the Schedule C business. So depreciation on this 1/4 part must be recaptured. So basically, under this interpretation, you should only section 179 75% of the asset (and don't worry about form

4797 when the asset is converted from 100% business use to 75% business use). Maybe there is a revenue ruling or regulation for this IRS friendly position, but I have no idea how to search the regs.

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