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New Leasing Rules under the American Jobs Creation Act of 2004

By Mark A. Limardo
November 30, 2004

On Oct. 22, 2004, the President signed the American Jobs Creation Act of 2004 (AJCA), one of the most significant pieces of tax legislation in recent years. AJCA makes a number of major changes to the tax rules applicable to capital-intensive businesses in general and to the leasing industry in particular. AJCA's major provisions include: 1) limitations on tax-exempt leasing structures; 2) improvement to the rules relating to offshore aircraft leasing and incentives for domestic manufacturing and production activities; 3) the application of “bonus” depreciation to non-commercial aircraft and syndicated lease transactions; 4) increased “Section 179″ expensing; and 5) limitations on the depreciation of sport utility vehicles.

Limitations on Tax-Exempt Leasing Structures

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