Small Business Law

President Obama has signed into law a small business bill that was blocked for weeks by a Republican filibuster in the Senate.  What does the new law do? This is part of the fact sheet that was sent out by the White House, detailing some of the aid plans.


The Small Business Jobs Bill Will

Provide Immediate Support for Small Businesses:


bill immediately extends successful SBA Recovery Act provisions, meaning

that within a few days, it will restart the SBA's Recovery lending, beginning

with the more than1,300 small businesses that have been waiting to get the credit

they need - with thousands more benefitting in the coming weeks.



the bill includes eight new small business tax cuts - all effective

as of Monday, and applying to small businesses' taxes for this year -

providing an immediate incentive for businesses to make new investments and



For example:

·       if you are a small

business and you buy new equipment, you can immediately write off the first

$500,000 of your investments;

·       if you are one of

over one million eligible small businesses, key long-term investments in your

company will be subject to zero capital gains taxes;

·       if you are an

entrepreneur and take a chance on a new idea, you can deduct the first $10,000

of your start-up costs;

·       and if you are self

employed you can deduct 100 percent of the cost of health insurance for you and

your family from your self-employment taxes.




Eight Small Business Tax Cuts - Effective Today, Providing Immediate

Incentives to Invest:

The President had already signed into law

eight small business tax cuts, and on Monday, he is signing into law another

eight new tax cuts that go into effect immediately.


1.        Zero Taxes on

Capital Gains from Key Small Business Investments:

Under the Recovery

Act, 75 percent of capital gains on key small business investments this year

were excluded from taxes. The Small Business Jobs Act temporarily puts in place

for the rest of 2010 a provision called for by the President - elimination of

all capital gains taxes on these investments if held for five years. Over

one million small businesses are eligible to receive investments this year

that, if held for five years or longer, could be completely excluded from any

capital gains taxation.

2.       Extension and

Expansion of Small Businesses' Ability to Immediately Expense Capital


The bill increases for 2010 and 2011 the amount of

investments that businesses would be eligible to immediately

write off to $500,000, while raising the level of investments at which the

write-off phases out to $2 million. Prior to the passage of the bill, the

expensing limit would have been $250,000 this year, and only $25,000 next

year.  This provision means that 4.5 million small businesses and

individuals will be able to make new business investments today and know

that they will earn a larger break on their taxes for this year.


Extension of 50% Bonus Depreciation: The bill extends -

as the President proposed in his budget - a Recovery Act provision for 50

percent "bonus depreciation" through 2010, providing 2 million

businesses, large and small, with the ability to make new investments

today and know they can receive a tax cut for this year by

accelerating the rate at which they deduct capital expenditures.


A New Deduction of Health Insurance Costs for Self-Employed: The bill allows 2

million self-employed to know that on their taxes for this year, they

can get a deduction for the cost of health insurance for themselves and

their family members in calculating their self-employment taxes. This provision

is estimated to provide over $1.9 billion in tax cuts for these entrepreneurs.


Tax Relief and Simplification for Cell Phone Deductions: The bill changes

rules so that the use of cell phones can be deducted without burdensome extra

documentation - making it easier for virtually every small business in

America to receive deductions that they are entitled to, beginning on their

taxes for this year.


An Increase in the Deduction for Entrepreneurs' Start-Up

Expenses: The bill temporarily increases the amount of start-up

expenditures entrepreneurs can deduct from their taxes

for this year from $5,000 to $10,000 (with a phase-out

threshold of $60,000 in expenditures), offering an immediate incentive for

someone with a new business idea to invest in starting up a new small business



A Five-Year Carryback Of General

Business Credits: The bill would

allow certain small businesses to "carry back" their general business credits

to offset five years of taxes - providing them with a break on their

taxes for this year - while also allowing these credits to offset the

Alternative Minimum Tax, reducing taxes for these small businesses.


Limitations on Penalties for Errors in

Tax Reporting That Disproportionately Affect Small Business: The bill would change, beginning

this year, the penalty for failing to report certain tax transactions

from a fixed dollar amount - which was criticized for imposing a

disproportionately large penalty on small businesses in certain circumstances -

to a percentage of the tax benefits from the transaction.

Extension of Successful SBA Recovery Loan Provisions-- Immediately

Supporting Loans to Over 1,300 Small Businesses :

 With funds provided in the bill,

SBA will begin funding new Recovery loans within a few days of the

President's signature, starting with the more than 1,300 businesses - with

loans totaling more than $680 million - that are waiting in the Recovery Loan



In Total, Extension of Provisions Which Have the Capacity to

Support $14 Billion in Loans to Small Businesses: Extending these

Recovery loan enhancements - which increase guarantees for SBA's largest loan

program (the 7(a) program) to 90% and reduce fees for the 7(a) and 504 program

- has the capacity to support $14 billion in lending to small businesses. 

Already, SBA Recovery loan provisions have supported $30 billion in lending to

over 70,000 small businesses.


Within Coming Weeks, the Bill Will Allow SBA to Support

Larger Loans As Well: The bill also increases the maximum loan size for SBA loan

programs, which in the coming weeks will allow more small businesses to access

more credit to enable them to expand and create new jobs. The bill:


Permanently raises the maximum loan size for the SBA's two

largest loan programs , increasing maximum 7(a) and 504 loan size  from $2 million

to $5 million and the maximum 504 manufacturing related loan size from $4

million to $5.5 million.


Permanently raises the maximum loan size for SBA microloans, increasing it from

$35,000 to $50,000 and strengthening a critical tool for entrepreneurs and

business owners in underserved markets to access start-up capital.


Temporarily raises the maximum loan size for SBA Express

loans from $350,000 to $1 million, providing greater access to working capital loans that small

businesses use to purchase new inventory and take on their next order -

allowing them to create new jobs.


Treasury Is Working to Quickly Implement the Small Business

Lending Fund and State Small Business Credit Initiative:  In addition

to these SBA provisions, Treasury is working to quickly implement two new

programs designed to support private-sector lending to credit-worthy small

businesses, and expects to release further details in the coming weeks

concerning applications for these programs.


The Small Business Lending Fund would make available

$30 billion in capital to small banks with incentives to increase small

business lending, potentially supporting several multiples of that amount in

new credit.


The State Small Business Credit Initiative will

support at least $15 billion in new lending by strengthening state small

business programs - many of them facing budget cuts - that leverage

private-sector lenders to extend additional credit.

President Obama has signed into law a small business bill that was blocked for weeks by a Republican filibuster in the Senate.  What does the new law do? This is part of the fact sheet that was sent out by the White House, detailing some of the aid plans.- The ...

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