Joseph M. and Marjorie Sita - Page 11




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          III. Disabled Access Credits                                                
               For purposes of the general business credit under section              
          38, section 44(a) provides a disabled access credit for certain             
          small businesses.  The amount of this credit is equal to 50                 
          percent of the “eligible access expenditures” of an “eligible               
          small business” that exceed $250 but that do not exceed $10,250             
          for the year.  Sec. 44(a).                                                  
               In order to claim the disabled access credit, a taxpayer               
          must demonstrate:  (1) The taxpayer is an “eligible small                   
          business” for the year in which the credit is claimed and (2)               
          the taxpayer has made “eligible access expenditures” during that            
          year.  If the taxpayer cannot fulfill both of these requirements,           
          the taxpayer is not eligible to claim the credit for that year.             
               For purposes of section 44, the term “eligible small                   
          business” means any person who (1) had gross receipts                       
          of no more than $1 million for the preceding year or not more               
          than 30 full-time employees during the preceding year and (2)               
          elects the application of section 44 for the year.  Sec. 44(b).             
          The term “eligible access expenditures” means amounts                       
          paid or incurred by an eligible small business to enable the                
          eligible small business to comply with the requirements under the           
          ADA.4  Sec. 44(c)(1).                                                       

               4 Such expenditures include amounts paid or incurred:  (1)             
          To remove architectural, communication, physical, or                        
                                                             (continued...)           






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