Protecting Americans from Tax Hikes Act of 2015 (PATH Act): How it Affects You and Your Business

By Sarah Presnell

path act

Part Two: Businesses

While part one discussed provisions relating to individuals, part two outlines the provisions and highlights that pertain to businesses. They are summarized below:

Extenders for Businesses: Permanent Extensions

  • Section 179 – The expensing limit has now been permanently set at $500,000 with a $2 million overall investment limit.
  • Research Tax Credit – This credit is now permanent and has been increased from 14% to 20%.
  • 100-Percent Gain Exclusion on Qualified Small Business Stock held for more than 5 years has been made permanent.
  • Other Permanent Extensions:
  • Reduced recognition period for S corporation Built-In Gains Tax
  • 15-year straight-line cost recovery for qualified leasehold improvements, restaurant property and retail improvements
  • Employer wage credit for employees who are active duty members of the uniformed services
  • Charitable deductions for the contribution of food inventory

Five-Year Extensions

  • Bonus Depreciation – The Act extends bonus depreciation for five years with the following phase-outs: 50% for 2015-2017, 40% in 2018; and 30% in 2019.
  • Work Opportunity Credit – Extended through 2019. The PATH Act also enhances the WOTC for employers that hire long-term unemployed individuals.

Two-Year Business Extenders

  • Indian employment credit/accelerated depreciation
  • Railroad track maintenance credit
  • Film/Television Expensing
  • Empowerment Zones Incentives
  • Three-year recovery period for certain race horses
  • Seven-year recovery period for motorsports entertainment complexes
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