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APPG.TXT
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1993-11-22
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Disability-Related Tax Provisions Applicable to Businesses
The three disability-related provisions in the Internal Revenue Code
applicable to businesses described below are of particular interest to
businesses and people with disabilities:
1) Targeted Jobs Tax Credit (Title 26, Internal Revenue Code, section 51)
Employers are eligible to receive a tax credit in the amount of 40 percent
of the first $6,000 of first-year wages of a new employee who has a
disability. There is no credit after the first year of employment. For an
employer to qualify for the credit, a worker must have been employed for at
least 90 days or have completed at least 120 hours of work for the employer.
The Revenue Reconciliation Act of 1990, Public Law 101-508, extended this
tax credit through December 31, 1991.
2) Tax Deduction to Remove Architectural and Transportation Barriers to
People with
Disabilities and Elderly Individuals (Title 26, Internal Revenue Code,
section 190)
Allows a deduction for "qualified architectural and transportation barrier
removal expenses." Only expenditures that are for the purpose of making any
facility or public transportation vehicle owned or leased by the taxpayer
for use in connection with his or her trade or business more accessible to,
and usable by, handicapped and elderly individuals are eligible for the
deduction. The taxpayer must establish, to the satisfaction of the
Secretary of the Treasury, that the resulting removal of the barrier meets
the standards promulgated by the Secretary with the concurrence of the U.S.
Architectural and Transportation Barriers Compliance Board.
For purposes of this section, a "handicapped individual" is any individual
who has a physical or mental disability (including, but not limited to,
deafness and blindness) which, for that individual, constitutes or results
in a functional limitation to employment, or who has any physical or mental
impairment that substantially limits one or more major life activities of
that individual.
The deduction may not exceed $15,000 for any taxable year. (The maximum
deduction had been $35,000 prior to passage of Public Law 101-508 in 1990,
which lowered the maximum deduction.)
3) Disabled Access Tax Credit (Title 26, Internal Revenue Code, section 44)
This tax credit is available to "eligible small businesses" in the amount
of 50 percent of "eligible access expenditures" for the taxable year that
exceed $250 but do not exceed $10,250.
"Eligible small businesses" are those businesses with either:
a) $1 million or less in gross receipts for the preceding tax year
OR
b) 30 or fewer full-time employees during the preceding tax year.
"Eligible access expenditures" means amounts paid or incurred by an eligible
small business for the purpose of enabling the small business to comply with
applicable requirements under ADA. Certain types of expenditures are listed
as included under the meaning of the term "eligible access expenditures."
These include amounts paid or incurred:
i) for the purpose of removing architectural, communication, physical, or
transportation barriers that prevent a business from being accessible to,
or usable by, individuals with disabilities;
ii) to provide qualified readers, taped texts, and other effective methods
of making visually delivered materials available to people with visual
impairments;
iii) to provide qualified interpreters or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
iv) to acquire or modify equipment, or devices for individuals with
disabilities, or
v) to provide other similar services, modifications, materials, or
equipment.
Expenditures that are not necessary to accomplish the above mentioned
purposes are not eligible. Expenses in connection with new construction are
not eligible. "Disability" has the same meaning as it does in the ADA.
Barrier removals or the provision of services, modifications, materials, or
equipment must meet standards promulgated by the Secretary in order to be
eligible.
Example: Company A purchases equipment to meet its reasonable accommodation
obligation under ADA for $8,000. The amount by which $8,000 exceeds $250 is
$7,750. Fifty percent of $7,750 is $3,875. The employer may take a tax
credit in the amount of $3,875 on its next tax return.
Example: Company B removes a physical barrier in accordance with its
reasonable accommodation obligation under ADA. The barrier removal meets
standards promulgated by the Secretary.
The company expends $12,000 on this barrier removal. The amount by which
$12,000 exceeds $250 but not $10,250 is a full $10,000. Fifty percent of
$10,000 is $5,000. Company B is eligible for a $5,000 tax credit on its next
tax return.
For further information on these provisions, contact the Internal Revenue
Service, Office of the Chief Counsel, P.O. Box 7604, Ben Franklin Station,
Washington D.C. 20044 (202) 566-3292 (voice only).
.TCEL.