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  2. To permit limiting DD&A Add-Back Recapture to sales (or other dispositions) of property at a gain, the 2021 Final Regulations authorize limitation of DD&A Add-Back Recapture to the lesser of (i) any gain recognized on the sale of the property, and (ii) the greater of the DD&A allowed or allowable for the taxpayer with respect to the property during the EBITDA Period.15 Applying this taxpayer-favorable limitation is not compulsory; the 2021 Final Regulations call it an alternative computation method, and it is available if the taxpayer applies this computation method to all of its DD&A Add-Back Recapture calculations.16
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    What is the section 163(J) limitation?The Section 163 (j) limitation applies to all business interest payments for taxpayers with gross receipts in excess of $26 million. Business interest deductions are limited to the sum of (i) business interest income; (ii) floor plan financing interest; and (iii) 30% of adjusted taxable income.
    How does section 163(J) affect business interest deductions?As such, taxpayers should assess their positions under Section 163 (j) considering the new regulations in tandem with existing guidance. Section 163 (j) limits the deduction of business interest to the sum of a taxpayer’s business interest income, floor plan financing interest, and 30% of its ATI for a given taxable year.
    How much Bie is depreciation based on Section 163(J)?The taxpayer’s BIE for 2019 is $141x. Without the addback of depreciation, the taxpayer’s section 163 (j) limitation would be $120x ($400x * 30%). Therefore, an additional $21x of BIE was deducted due to the depreciation addback, which represents the impact of $70x of depreciation ($21x/30%).
    What is a TCJA modification to Sec 163(J) business interest expense limitation?Modification to the Sec. 163 (j) business interest expense limitation: Beginning in 2018, the TCJA required taxpayers to subject annual business interest expense deductions to a limitation based on a percentage of adjusted taxable income (ATI). The calculation of ATI begins with taxable income and includes a variety of additions and subtractions.
     
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