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Understanding the Jobs and Growth Tax Relief Reconciliation Act of 2003

By James F. Fotenos

The Jobs and Growth Tax Relief Reconciliation Act of 2003 (the '2003 Tax Act' or, simply, the 'Act'), signed by President Bush into law on May 28, 2003, provides strong inducements for the purchase of capital equipment. Together with record-low interest rates, the Act's 'tax subsidies' for the purchase of equipment should reduce the costs of equipment to equipment lessors and make them more competitive with asset-based lenders.

The 2003 Tax Act's inducements for the purchase of capital equipment are the increase in the maximum dollar amount of the cost of equipment that may be expensed under Internal Revenue Code ('Code') Section 179 from $25,000 to $100,000 for qualifying small businesses, and an increase from 30% to 50% together with an extension through 2004 (December 31, 2005 in certain cases) of the additional first-year depreciation that may be taken for qualifying equipment. In combination, these two measures can dramatically accelerate the deductions available for the year equipment is purchased and placed in service.

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