NYC 9/11 Public Portal Document
the disaster site. This deductibility would be a limited exception to the
capitalization requirements of Internal Revenue Code sections 263 and
280B. Costs to purchase replacement property will be fully deductible
without regard to the basis limitation rules of section 1033. Generally, the
costs must be incurred after September 11, 2001, and no later than
December 31, 2006.
Reasons for Change: Deductibility of business expenses benefits
taxpayers because such expenses are subtracted directly from gross
income. In addition, shorter amortization periods are advantageous
because it increases income. Again, this would stimulate redevelopment
and construction in the affected area.
> Involuntary Conversions of Property
Proposal: This proposal would affect involuntary conversions of property.
The proposal would extend the current four year replacement period for
principal residences destroyed in an area declared by the President of the
United States as a Federal disaster area to commercial real property for
Federal tax purposes. [IRC§ 1033 (a), 1033 (h).]
Reasons for Change: Gain on certain involuntary conversions of property
(e.g., buildings and property destroyed as a result of World Trade Center
Disaster that are eligible to receive insurance proceeds) can be deferred if
you buy property similar or related in service or use within a specified
replacement period. Extending the replacement time period to four years
for commercial real property would extend the ability of businesses to
recover from damages resulting from the terrorist attacks.
> Tax Free Contribution to Capital
Proposal: This proposal would stipulate that capital from the Federal
Government to rebuild property will be considered a tax-free contribution to
capital for Federal tax purposes. [IRC§ 118(b) relating to contributions in
aid of construction.]
Reasons for Change: Tax-free contributions to capital would reduce
Federal taxable income, thereby reducing tax liability. This could
encourage capital investments and building and spur recovery of the area.
> Smart Buildings Technology Enhancement Credits
Proposal: This proposal would create Smart Buildings Technology
Enhancement Credits to be used against Federal income and corporate
taxes. It would create the SMART Whole Building Credit Component, the
SMART Base Building Credit Component, and the SMART Tenant Space
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