[JYO] More on the New tax laws that impact GA


New tax laws impact GA
In an effort to jump-start the U.S. economy, lawmakers have enacted two 
significant amendments to the tax code that may lighten the tax burden of 
general 
aviation aircraft buyers who use an aircraft in furtherance of a trade or 
business. One change increases the expense election that may be taken when an 
aircraft is purchased (commonly referred to as a "section 179 expense 
election"). 
Another modification increases the current 30-percent special depreciation 
allowance for purchases of brand new aircraft to 50-percent.
Section 179 Expense Elections
Before the current changes to the tax law, an aircraft purchaser who used an 
aircraft for trade or business purposes had the option of electing to deduct 
up to $25,000 of the aircraft's cost in the year of purchase. This $25,000 
deduction was reduced dollar for dollar by the amount the aircraft purchased 
(plus 
any other depreciable property purchased during the tax year) exceeded a 
$200,000 phase-out threshold.
The new law will modify the section 179 expense election by allowing an 
aircraft purchaser to elect a deduction of up to $100,000 for an aircraft 
placed in 
the service of the aircraft owner's trade or business for tax years 2003, 
2004, and 2005. The new tax law also increases the $200,000 phase-out threshold 
to $400,000. Both the $100,000 expense election limitation and the $400,000 
phase-out threshold may be increased through tax years 2004 and 2005 by 
inflation 
indexing authorized by the new law.
This change could provide a big tax benefit for general aviation aircraft 
purchasers. The new tax law may allow many light aircraft buyers who use their 
aircraft in a trade or business to take a deduction for all or a substantial 
part of their aircraft purchase price in the year of purchase.
Special Depreciation Allowance
In March 2002, President Bush signed the Job Creation and Worker Assistance 
Act (JCWA) into law. One of the more significant provisions of the JCWA was a 
special depreciation allowance. The special depreciation allowance permitted 
taxpayers purchasing "qualified property" an additional first-year depreciation 
deduction of 30-percent of the cost of the qualified property. Under the 
original version of the JCWA, purchases of brand new aircraft between September 
10, 
2001 and before September 11, 2004 would typically qualify for the 30-percent 
special depreciation allowance.
The new version of the tax law will expand the 30-percent special 
depreciation allowance to a 50-percent allowance. Just as in the original 
version of the 
law, the only aircraft qualified for the special depreciation allowance will 
be brand new aircraft purchased for use in a trade or business. The law also 
requires that the purchase be made between May 5, 2003 and January 1, 2005 and 
that the aircraft purchased be placed in the service of a trade or business 
before January 1, 2005. If the new aircraft is intended for use in the 
transportation of persons or property the placed in service date is extended to 
January 
1, 2006. As with the original JCWA, a taxpayer may elect to forego the special 
depreciation allowance.
The special depreciation allowance will be calculated after any section 179 
expense election and before regular depreciation in the year an aircraft is 
placed in the service of a trade or business. This change in the tax law may 
create a significant incentive for certain businesses to purchase new aircraft 
within the time limits prescribed by the law. However, any aircraft purchaser 
contemplating the use of the special depreciation allowance should also check 
with their state laws to see if state tax law conforms to federal tax law. With 
the backdrop of tightening state and local budgets, many state governments have 
opted to reject the adoption of a special depreciation allowance conformed to 
federal law.
As always, you should consult with your legal and/or tax counsel before 
purchasing an aircraft. The intent of this briefing is to familiarize you some 
very 
recent changes in the tax law. You'll need the assistance of someone familiar 
with your situation to guide you through the complexities of the new tax 
laws.

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