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Question

1 If I made a movie and want to use Section 181 do I have to make any kind of election on the tax return or is just deducting the costs on the return in effect the election?   2 Is section 181 just for film production costs? what about overhead...how is that deducted..for example, accounting fees for a tax return - how is that deducted?   3        Also, if for a different film use income forecast method    4 Under the income forecast method, is it that most of the deductions will be depreciation? on line 16 of Form 4562...based on income received divided by total expected income in the future?    5 Does anything else go on the 4562? Usually when you purchase an asset you show the cost of the assets on the 4562...does the same apply when using the income forecast method? and where would it go if applicable...thank you

Submitted: 1086 days and 7 hours ago.
Category: Tax
Value: $25
Status: CLOSED
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Optional Information

Posted by WebTaxMan 1085 days and 18 hours ago.

Info Request

Hi iakein,

Are you an individual tax filer, or is this a business entity. If so what type?

Did you plan on depreciating over 15 million?

Could you re-ask number 3, I don't quite understand the question.

If you could clarify those items, I'd be glad to answer your question in full detail.

Regards,

Mike

1084 days and 21 hours ago.

Reply

Reply to WebTaxMan's Post: 1. i am a business entity...a partnership

2. no planning on depreciation over 15 million...
   actually under 1 million

3. please disregard item 3

thank you,
ira

Accepted Answer

Hi XXXXXXX,

Okay thanks for the clarification.

1) 2) The Section 181 does generally apply to film production only. This is an effort to keep film makers from leaving the country to produce films that are not subject to harsher IRS guidelines. If you are familiar with Section 179 property, this allows a taxpayer, say a small business, to actually claim the entire amount of a particular capital expenditure in one year, rather than capitalize the asset and depreciate it over it's estimated useful life. Section 180 works similarly, except the amounts expensed in one year are far greater. No election is needed, that election is made just by using Section 181.

2) Your overhead, such as rent, salaries, utilities, all your business expenses would be reported on form 1065. the net income/loss is them distributed to the partners by way of a K-1 form for use in preparing their individual taxes. The accounting fees wold be listed as an expense most likely called "professional fees" on the Partnership return (1065) This is not a return that is taxed, it is called an information return.

3) Disregarded.

4) Here is the general rule regarding income forecasting method:
You generally must file Form 8866 to figure interest under the look-back does not apply for any property that had an unadjusted basis (total capitalized cost) of $100,000 or less the end of the recomputation year.

You may find more information here

5) Form 4562 is used in conjunction with form 8866 if the circumstances circumvent. It will make much more sense once you review the form 8866 in the link above. If you still need help, just ask.. I'm here.

Should you require further clarification, please never hesitate to ask. It would be my pleasure to clarify the answer to your question. My goal is your 100% satisfaction with all questions I answer.

If you feel I have given a complete answer, and you are satisfied with my answer, please press the GREEN ACCEPT button. Feedback and bonuses are always greatly appreciated!

Regards,

Mike

Expert: WebTaxMan
Pos. Feedback: 100.0 %
Accepts: 291
Answered: 4/2/2007

Tax Accountant

20+ Years experience-CPAs & My Own Business/IRS Authorized e-file Provider/CA Tax Education Council

1084 days and 7 hours ago.

Reply

wHAT IF PART OF A FILM IS PRODUCED OVERSEAS...CAN YOU DO SECTION 181 ON THAT PART?

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