educational

Tax Changes in 2009

On Feb. 17, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the "Recovery Act" or the "Act"). Most of the tax changes are targeted to affect qualifying small businesses. This article provides a summary of the key tax changes affecting businesses that survived the debates in Congress and made it into the Act.

New Asset Purchases
The Recovery Act affects businesses acquiring new assets by extending the bonus depreciation on certain qualified property (which was set to expire at the end of last year) and increasing the first year write-off expense limits under what is referred to as a 'Section 179' election.

First year bonus depreciation provides a taxpayer with an election to accelerate 50 percent of an asset's depreciation to the year of purchase while the Section 179 election allows qualifying businesses a write-off of up to $250,000 of the cost of certain new asset purchases. The maximum amount of the write-off under Section 179 is phased out for businesses that acquire more than $800,000 of eligible assets, and is therefore generally available to smaller businesses.

A business that cannot benefit from bonus depreciation (e.g., a company that is in a loss before taking into account depreciation) may have accumulated unusable R&D or Alternative Minimum Tax credits (e.g., because of income limitations in prior years). Last year, these businesses were incentivized to acquire new assets and, by election, were able to forego bonus depreciation and instead accelerate the use of those accumulated credits to offset tax. The Recovery Act extends this law to asset purchases in 2009.

Net Operating Losses
Another tax incentive for qualifying businesses comes in the form of increasing the net operating loss (NOL) carry-back period from two years to five years. Under the new law, businesses with less than $15 million in annual gross receipts may be able to take advantage of the new expansion of the NOL period. As such, businesses that qualify could potentially receive refunds from previous years. For example, a company that generates an NOL in 2008 may be able to carry back that loss to 2003. If the company had taxable income and paid tax in 2003, a deduction for the NOL in that year (as a result of the carry-back) could mean an immediate refund of 2003 taxes.

Additional Tax Incentives to Businesses
The Recovery Act also includes favorable tax changes in respect to companies that acquire their own debt at a discount, hire certain workers (under the work opportunity credit), and invest in renewable energy projects. Small business owners may also be eligible for reduced estimated taxes in 2009 if they rely on the available safe harbors.

Montage Services Inc. provides international and domestic tax consulting and advisory services, primarily for corporations. To inquire about a particular tax issue or seek consulting services, contact Scott Wentz, managing director, at (415) 963-4016 or scott@montage-services.com.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

Pornnhub's Jade Talks Trust and Community

If you’ve ever interacted with Jade at Pornhub, you already know one thing to be true: Whether you’re coordinating an event, confirming deliverables or simply trying to get an answer quickly, things move more smoothly when she’s involved. Emails get answered. Details are confirmed. Deadlines don’t drift. And through it all, her tone remains warm, friendly and grounded.

Women In Adult ·
opinion

Outlook 2026: Industry Execs Weigh In on Strategy, Monetization and Risk

The adult industry enters 2026 at a moment of concentrated change. Over the past year, the sector’s evolution has accelerated. Creators have become full-scale businesses, managing branding, compliance, distribution and community under intensifying competition. Studios and platforms are refining production and business models in response to pressures ranging from regulatory mandates to shifting consumer preferences.

Jackie Backman ·
opinion

How Platforms Can Tap AI to Moderate Content at Scale

Every day, billions of posts, images and videos are uploaded to platforms like Facebook, Instagram, TikTok and X. As social media has grown, so has the amount of content that must be reviewed — including hate speech, misinformation, deepfakes, violent material and coordinated manipulation campaigns.

Christoph Hermes ·
opinion

What DSA and GDPR Enforcement Means for Adult Platforms

Adult platforms have never been more visible to regulators than they are right now. For years, the industry operated in a gray zone: enormous traffic, massive data volume and minimal oversight. Those days are over.

Corey D. Silverstein ·
opinion

Making the Case for Network Tokens in Recurring Billing

A declined transaction isn’t just a technical error; it’s lost revenue you fought hard to earn. But here’s some good news for adult merchants: The same technology that helps the world’s largest subscription services smoothly process millions of monthly subscriptions is now available to you as well.

Jonathan Corona ·
opinion

Navigating Age Verification Laws Without Disrupting Revenue

With age verification laws now firmly in place across multiple markets, merchants are asking practical questions: How is this affecting traffic? What happens during onboarding? Which approaches are proving workable in real payment flows?

Cathy Beardsley ·
opinion

How Adult Businesses Can Navigate Global Compliance Demands

The internet has made the world feel small. Case in point: Adult websites based in the U.S. are now getting letters from regulators demanding compliance with foreign laws, even if they don’t operate in those countries. Meanwhile, some U.S. website operators dealing with the patchwork of state-level age verification laws have considered incorporating offshore in the hopes of avoiding these new obligations — but even operators with no physical presence in the U.S. have been sued or threatened with claims for not following state AV laws.

Larry Walters ·
opinion

Top Tips for Bulletproof Creator Management Contracts

The creator management business is booming. Every week, it seems, a new agency emerges, promising to turn creators into stars, automate their fan interactions or triple their revenue through “secret” social strategies. The reality? Many of these agencies are operating with contracts that wouldn’t survive a single serious dispute — if they even have contracts at all.

Corey D. Silverstein ·
opinion

Building Sustainable Revenue Without Opt-Out Cross-Sales

Over the past year, we’ve seen growing pushback from acquirers on merchants using opt-out cross-sales — also known as negative option offers. This has been especially noticeable in the U.S. In fact, one of our acquirers now declines new merchants during onboarding if an opt-out flow is detected. Existing merchants submitting new URLs with opt-out cross-sales are being asked to remove them.

Cathy Beardsley ·
opinion

How to Handle Payment Disputes Without Sacrificing Trust

You can run the best-managed and most compliant website out there, but that still doesn’t completely shield you from the risks tied to payment disputes. Buyer’s remorse, an unclear billing description or even a simple misunderstanding can lead a customer to dispute a transaction. Accumulate enough disputes, and both your reputation and revenue could be at risk.

Jonathan Corona ·
Show More