Congress Working to Renew Business Tax Provisions

What do the following tax provisions all have in common?

  • Research and Development Tax Credit
  • Bonus Depreciation
  • Increased Expensing Limits

They are all business-friendly tax provisions that expired at the end of last year, and thus could be unavailable for businesses when they file their 2014 taxes.

These provisions have all been “temporary ” tax provisions that are regularly renewed.  The fact that they are regularly renewed means that businesses have come to rely on their regular renewal, and expect these provisions to be available.  This could be a real problem for American businesses if the provisions were not renewed; it would lead to unexpectedly high taxes for businesses.  In order to remedy the fact that these provisions are not yet renewed, Congress is still looking to reauthorize these provisions.

On December 3, the House of Representatives passed legislation that would extend these tax provisions by a year.  The measure passed by a vote of 378 – 46.  The bill is HR 5771.

The Senate is planning on taking this matter up, but wants to pass a two-year extender bill, to give businesses more confidence.

All of this needs to happen rapidly, because Congress will soon adjourn for the holidays.

AMR Files for Bankruptcy (Restructuring): Tips and Data You Need To Know

Two months ago, we warned that American Airlines’ parent company (AMR) appeared to be headed for bankruptcy, and recommended that ASA’s members take steps to protect their companies from the adverse affects of a potential customer bankruptcy.  It should have come as no surprise to anyone that yesterday, American Airlines parent company, AMR, filed for bankruptcy protection under Chapter 11 of the bankruptcy code.

This is a restructuring, so it is expected that AMR will emerge form the restructuring.  Most aircraft parts are sold to airlines on credit, so many ASA members may have concerns about their receivables owed by AMR.

It is normal during restructuring for post-filing transactions to receive a preference in the payment scheme.  So if you sell AMR an aircraft component the day after the bankruptcy , then you are much more likely to get paid 100% of the transaction price than if you had sold the  same part the day before the bankruptcy petition was filed.

Existing creditors may receive only a percentage of the amounts owed them or they may receive all of their outstanding receivables from AMR depending on the nature of the debt and the negotiations with the bankruptcy trustee.  The bankruptcy trustee has the power to terminate contracts that are not favorable to AMR, and it has the power to make deals with irreplaceable vendors who demand payment of prior receivables in exchange for continued service.  If you have a very large receivable outstanding with AMR, or if you have an ongoing relationship with AMR, then you should seriously consider hiring bankruptcy counsel with experience in negotiating post-filing remedies.

Supplier and vendor inquiries are being routed through the Trading Partners Response Center (TPRC).  You can call that response center at (866) 736-9011 (toll-free from the United States) or (703) 286-2757 (international toll).

For questions pertaining to the administration of this Chapter 11 case, you can contact AMR’s bankruptcy claims administrator, GCG, at:

AMR Corporation, et al.
c/o GCG
P.O. Box 9852
Dublin, Ohio 43107-5752
Toll-Free: (888) 285-9438
International Toll: (440) 389-7498

These contacts represent the best interests of the AMR estate, so if you have serious legal questions, or need to discuss strategies for defending your right to get paid, then you should seek the counsel of a qualified bankruptcy attorney.

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