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Investment Tax Credit | IRC 1202 And Other Vital Tax Benefits

IRS 1202 Investment Tax Credit And Everything About It

State and federal governments offer an Investment Tax Credit to uplift aiding factors of the economy, the environment, or vital things of the government. For example, a tax credit rewards people for using home-use solar panels. Other tax credits are helpful to offset learning, adoption, and care costs.

The investment tax credit is better than deductions. While the deduction lessens final liability, it does so within a person’s lowest tax rate. A credit lessens tax liability in full $1.

Tax Credit Types

The types of investment tax credit or IRC 1202 credit are refundable, partially refundable, and non-refundable.

Refundable Tax Credits

These are the best credit benefits as the government pays them in full. It means that the taxpayers get the whole credit amount, regardless of their tax liability or income. When the refundable liability lessens below 40%, the taxpayer is due a refund.

In the 2021 tax year, the refundable tax credit was the most popular income tax credit (EITC). The EITC is for low-income or usual income taxpayers who are self-employed and meet certain norms depending on family members and their income.

Other refundable investment tax credit types are the best tax credits. It helps people and families cover the cost of premiums for health coverage through the health insurance market.

Partially Refundable Tax Credits

Some tax credits are only refundable, partly like the investment tax credit. Another instance is the AOTC or American Opportunity Tax Credit for post-secondary education students. When taxpayers lessen their liability to $0 before using the whole portion of the $2,500 deduction, they take a left out as a refundable credit of less than 40% of the left or $1,000.

Also, the child tax credit becomes refundable (up to $1,400 per qualifying child) due to the Tax Cuts and Jobs Act (TCJA) 2018. When a taxpayer has a huge tax liability, the total child tax credit is $2,000. But, around $1,400 was refundable even when it was more than the owed amount of the taxpayer.

Being a part of the American Rescue Plan in 2020 and 2021, the credit increased and became refundable.

About Investment Tax Credit

The investment tax credit is a federal tax incentive. It lets people or firms lessen a certain part of investment costs for taxes, and the credits are there with normal depreciation payments. The investment tax credit differs from accelerated depreciation because they offer a small part of the deduction when the firm buys an asset.

Businesses have used the investment tax credit features since 1962 to protect them from global competition. Over time, they changed their basic objective. Nowadays, more credits are in pollution control, green technology, energy conservation, and other economic development areas. Many investment tax credit benefits are Rehabilitation Tax Credit, Reforestation Credit, and Federal Business Energy Investment Credit.

It also covers other qualifying technologies like solar thermal electric, thermal process heat, solar space heat, geothermal, fuel cells, wind, biomass, geothermal heat pumps, etc.

Calculating Investment Tax Credit

To find an investment tax credit, you’ll have to multiply the net capital investment amount by the annualized investment credit percentage in the taxable year. You can find out the percentage after dividing the SBT tax rate applicable in the year by 2.3%. Multiply the outcome of this by the fixed percentage of gross receipts.

A Few Facts About The IRC Section 1202

Also known as the Small Business Stock Gains Exclusion is an Internal Revenue Code (IRC) section that lets capital gains from some small business stock be excluded from federal tax. The IRS Code Section 1202 applies to small business stock after 27th September 2010, held for five years.

Learn About The Section 1202 In Detail

Congress passed the Protecting Americans from Tax Hikes (PATH) Act in 2015. The act renewed some outdated tax provisions and extended some benefits for some years. A permanent tax break excludes Small Business Stock Capital Gains in Section 1202 of the Internal Revenue Code.

Section 1202 offers an incentive to the non-corporate taxpayers for small business investment. The underlying IRC section’s purpose is the exemption of capital gains from federal income tax on the small business stock sale. For at least five years before selling, the small business stock had a part or all of the federal tax realized gains.

Payroll Tax Deferral

Under the CARES Act, employers make Payroll Tax Deferment payments between 27th March 2020 and 31st December 2020. The deferral to employer social security tax (6.2% of employer wages up to $137,700) and the employee’s and employer’s share of Tier 1 Railroad Retirement Tax Act up to 6.2% of self-employment taxes incurred during this time.

The government pays the due deferred taxes timely when the firms pay 50% of the deferred amount within 31st December 2021 and finally when they pay the 50% left out amount.

How Do Payroll Tax Deferrals Work?

You should make payments for each quarter after making a deferral. Employers can make payments through EFTPS, a debit or credit card, or mailing a Form 941-V payment.

Failure to make such payments in a specified timeframe leads to a late fee or penalty along with other penalties.

  • Less than 15 days later: 10% of the deferred amount
  • Ten days within late payment notification: 15% total dues.

As the state laws bring more provisions, you should look for bookmarked resources for timely information.

Some Special IRS Info

Before 18th February 2009, Section 1202 excluded around 50% of the gross income capital gains. To stimulate the small business sector, the American Recovery and Reinvestment Act also increased the exclusion rate from 50% to 75% for the bought stocks between 18th February 2009 and 27th September 2010. For small business stocks eligible for 50% or 75% exclusion, a small part of the excluded gain is taxed like a preference item incurring an additional 7% tax known as Alternative Minimum Tax (AMT). Authorities impose AMT on people or investors with tax exemptions that let them lessen the paid income tax.

The latest Section 1202 amendment investment tax credit offers total capital gains exclusion when a small business stock is acquired after 27th September 2010.

Also, no portion of excluded gain treatment is AMT’s preferred item. In this section, capital gains exempt from tax are also exempt from 3.8% net investment income (NII) tax for most investment income. The total gain any investor excludes under Section 1202 limits too.


Businesses reap tax benefits and rebates under these and many other tax schemes. The investment tax credit is among the most common benefits to claim with the IRC Section 1202 for capital gains. If you’re a new business and don’t know about the right process to file for these claims, we suggest getting the right advice from the expert Business Tax Benefits consultants. We are the most knowledge-rich and versatile team of tax associates to help you in your business journey with long-term savings on tax filing.  

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