The presentation clarifies the fundamentals of the section 199 deduction starting with the background to the formula of calculating the deduction. The section 199 deduction is known as the domestic production activities deduction which is a tax incentive designed to stimulate domestic US manufacturing.

1. Lunch & Learn:
The Basic Understanding of the
Section 199 Deduction
Presenter: Eric Olsen

2. Agenda
• Background
• Formula for Calculating the DPAD
• Domestic Production Gross Receipts (DPGR)
• Methods for Allocating Deductions to DPGR
• Wages
• NOL Deduction
• UltraTax Example

3. Background
• Section 199 is the latest in a series of tax incentives
designed to stimulate domestic US manufacturing and
exports
• Much of the manufacturing formerly done in the US is
now done in low wage countries such as China – this
trend seems to be largely irreversible
• Focus is on what the taxpayer is doing in the US, not
what the taxpayer exports or moves out of the US

4. Background
• Starting in 2010 and after the Section 199 Deduction,
Domestic Production Activities Deduction (DPAD) is 9%
of the lesser of Qualified Production Activities Income
(QPAI) or if lesser, the taxpayer’s taxable income.
• This deduction originally started at 3% of QPAI allowed
in 2005-2006 then moved to 6% allowed in 2007-2009.
• All taxpayers are entitled to take the DPAD (sole
proprietorships, C corporations, pass-through entities &
trusts)

5. Background
• It remains an open question whether the DPAD had
preserved or created any manufacturing jobs in the US.
Costs just remain too attractive in low wage countries
and DPAD does not overcome this.

6. Formula for Calculating the DPAD
• +Domestic Production Gross Receipts (DPGR)
• - Allocable cost of goods sold
• - Directly allocable deductions
• - Ratable amount of indirect expenses
• = QPAI (not in excess of taxable income)
• X 9% (2010 and after)
• = DPAD (not greater than 50% of W-2 wages)

7. Example (Formula)
• GPP Inc., which manufactures shoes, has QPAI of $4
million in the current year and a taxable income of $1
million. What is GPP’s DPAD for the current year before
considering the W-2 wage limit?
– GPP’s DPAD for the current year is 9% x $1 million or $90,000
(remember it is the lesser of 9% of $1 million or $4 million)
• The next step would be to insure that GPP meets the
wage (W-2) limit, as DPAD cannot exceed 50% of GPP’s
wages, what would the minimum W-2 wages be?
– $180,000 ($180,000 x 50% = $90,000)

8. DPGR
• DPGR means the gross receipts of the taxpayer
which are derived from:
– Any lease, rental, license, sale, exchange, or other
disposition of:
• Qualifying production property (QPP) manufactured,
produced, grown, or extracted (MPGE) by the taxpayer in
whole or in significant part within the US
• Any qualified film produced by the taxpayer; or
• Electricity, natural gas, or drinkable water produced by the
taxpayer in the US

9. DPGR
– The active construction of real property performed in
the US by the taxpayer in the ordinary course of such
trade or business; or
– Engineering or architectural services performed by
the taxpayer in the US within respect to the
construction of real property in the US

10. QPP
• Tangible personal property;
• Any computer software; and
• Sound recordings (such as discs, tape, or other
phonorecords, in which such sounds are embodied)

11. MPGE
• MPGE includes manufacturing, producing, growing,
extracting, installing, developing, improving, and creating
QPP.
• Making QPP out of scrap, salvage, or junk material as well as
from new or raw material by processing, manipulating,
refining, or changing the form of an article, or by combining or
assembling two or more articles qualifies.
• Cultivating soil, raising livestock, fishing, and mining minerals
qualifies.

12. MPGE
• MPGE also includes storage, handling, or other processing
activities (other than transportation activities) within the US
related to the sale, exchange, or other disposition of
agricultural products, provided the products are consumed in
connection with or incorporated into the MPGE of QPP,
whether or not by the taxpayer.
• The taxpayer must have the benefits and burdens of
ownership of the QPP under federal income-tax principles
during the period the MPGE activity occurs in order for gross
receipts derived from the MPGE of QPP to qualify as DPGR.

13. Example (DPGR)
• A, B, and C are unrelated persons. B grows agricultural
products in the US and sells them to A, who owns
agricultural storage bins in the US. A stores the
agricultural products and has the benefits and burdens of
ownership under federal income-tax principles of the
agricultural products while they are being stored. A sells
the agricultural products to C, who processes them into
refined agricultural products in the US. Do A, B, and C
activities qualify for DPGR?
– Yes because the gross receipts from A’s, B’s, and C’s activities
are DPGR from the MPGE of QPP.

14. Example (DPGR)
• The facts are the same as in the prior example except
that B grows the agricultural products outside the US
and C processes them into refined agricultural products
outside the US. Do A, B, and C activities qualify for
DPGR?
– The gross receipts derived by A from its sale of the agricultural
products to C are DPGR from the MPGE of QPP within the US
– B’s and C’s own MPGE activities occur outside the US;
therefore, their own gross receipts are non-DPGR

15. DPGR do not include
• The sale of food and beverages prepared by the
taxpayer at the retail establishment;
• The transmission of electricity, natural gas, or drinkable
water; or
• The lease, rental, license, sale, exchange, or other
disposition of land.
• Also, DPGR does not include the rental income from real
estate, although DPGR does include proceeds on
ultimate disposition but only if owner is engaged in
related construction activities.

16. Determining DPGR
• A taxpayer determines DPGR using any reasonable
method that is satisfactory to the IRS based on all of the
facts and circumstances.
• In many cases, a product consists of the combination of
several components, some of which may be qualified
property (i.e.; manufactured in the US and some of
which may not)
• Determine DPGR on item by item basis and NOT on a
division by division, product line by product line or
transaction by transaction basis

17. Determining DPGR
• Requires analyzing each component of the property and
determining its origin even though doing so is
burdensome and costly
– This is the so called “shrinkback” rule – taxpayer must shrink
back the product to the largest component that does qualify as
DPGR
• Purpose – to prevent taxpayers from receiving benefits
for gross receipts that do not qualify for the DPAD.

18. Example (Determining DPGR)
• GPP manufactures leather and rubber shoe soles in the US
and GPP imports shoe uppers, which are the parts of the
shoe above the sole. GPP manufactures shoes for sale by
sewing or otherwise attaching the soles to the imported
uppers. GPP offers the shoes for sale to customers in the
normal course of GPP’s business. Do the gross receipts from
the sale of the shoes qualify as DPGR?
– No; therefore, GPP must treat the sole as the item that the gross
receipts derived from which qualifies as DPGR. (“shrinkback” rule)

19. Allocation of DPGR
• Factors taken into consideration in determining whether
taxpayer’s method of allocating gross receipts between
DPGR and non-DPGR is reasonable include:
– Whether the taxpayer uses the most accurate information
available;
– Relationship between gross receipts and method used;
– Accuracy of the method chosen as compared with other
possible methods;
– Whether the method is used by the taxpayer for internal
management or other business purposes;

20. Allocation of DPGR
– Whether the method is used for other federal or state income-tax
purposes;
– Time, burden, and cost of using alternative methods; and
– Whether the taxpayer applies the method consistently from year
to year.
• Thus, if a taxpayer has the information readily available
and can, without undue burden or expense, specifically
identify whether the gross receipts derived from an item
are DPGR, then the taxpayer must use that specific
identification to determine DPGR.

21. Allocation Deductions to DPGR
• After determining DPGR then allocate expenses to arrive
at QPAI
• For some taxpayers, taxable income and QPAI will be
the same. (i.e., manufacturers)
– Example: A business that manufacturers only electric cars in the
US taxable income and QPAI should be the same
• There are three methods taxpayers can us to allocate
deductions:
– The small business simplified overall method;
– Simplified deduction method; and
– Section 861 method

22. The Three Methods
• Small Business Simplified Overall Method
– Taxpayers with gross receipts less than $5 million may allocate
all costs, including CGS, based on gross receipts
– Taxpayers on the cash method of accounting with gross receipts
less than $10 million may use this method
• Simplified Deduction Method
– Taxpayers with less than $25 million in gross receipts may
allocate non-CGS expenses based on gross receipts

23. The Three Methods
• Section 861
– This method is mandatory for taxpayers with gross receipts
greater than $25 million; a voluntary method for all others
– It basically allocates deductions to the class of gross income
(and apportions deductions within that class of gross income to
the statutory grouping of gross income) that the deductions are
definitely related to.
– Deductions that are either not definitely related to a class of
gross income or to a statutory grouping within a class of gross
income are generally, subject to special rules for interest
expense, research and development expenses and certain other
expenses, ratably apportioned to all classes of gross income.

24. Example (Section 861)
• GPP Corporation manufactures only one item of property that it sells
to customers. GPP Corporation has total gross receipts of
$30,000,000 that consist of $20,000,000 of DPGR and $10,000,000
of gross receipts that are not DPGR. Its CGS that is directly
allocable to DPGR is $10,000,000 and other gross receipts is
$5,000,000. GPP Corporation must use the Code Section 861
method for allocating its costs and deductions to DPGR and other
gross receipts. Its costs that are definitely related to DPGR is
$5,000,000 and other gross receipts is $3,000,000. Other
deductions that are not definitely related to any class of gross
income amount to $3,000,000. What would be the ratable portion of
these costs to DPGR?
– $2,000,000 (20,000,000 DPGR/30,000,000 Total GR x $3,000,000)

25. Example (Section 861)
• The next step would be to compute the QPAI.
– DPGR = $20,000,000
– Costs:
• $10,000,000 = CGS directly allocable
• $ 5,000,000 = Other costs directly allocable to DPGR
• $ 2,000,000 = Other costs ratably apportioned to DPGR
• $17,000,000 = Total Costs
– QPAI = $3,000,000

26. W-2 Wages
• W-2 wages are defined as the sum of wages and
elective deferrals (e.g., payments to a 401(k) plan)
• Sum of Box 1 From W-3
– Fiscal Year-End
• Only the wages related to DPGR are considered in
computing the wage limit.
• The amount of the DPAD cannot exceed 50% of the
qualified W-2 wages of the employer for the tax year.

27. Non-Qualified Wages
• The W-2 requirement precludes many small businesses
from eligibility for taking DPAD – K-1’s and 1099’s do not
count as W-2’s.
• Wages do not include Schedule C earnings of sole
proprietors or Schedule F earnings of farmers.
• Guaranteed Payments to partners do not count as
wages for Section 199 purposes.

28. Example (Wages)
• Allan’s Manufacturing is a single member LLC. Allan
himself performs all the work. Is Allan entitled to a
DPAD?
– No because he has no W-2s
• Allan incorporates his business and makes it an S
corporation and he would pay himself through a W-2. Is
Allan entitled to a DPAD?
– Yes, presumably the business would be entitled to a DPAD

29. NOL Deduction
• The DPAD does not produce or add to a NOL deduction
• Example 1:
– GPP Corporation engages in production activities that generate
QPAI and taxable income of $1,000 in the current year without
taking into account the Section 199 deduction and an NOL
deduction. During the current year GPP incurs W-2 wages of
$300 and GPP has an NOL carryover to the current year of
$500. Compute the DPAD allowed in the current year.
• GPP’s DPAD for the current year is $45 (.09 x lesser of QPAI of $1,000 and
taxable income of $500 ($1,000 taxable income - $500 NOL))
• Because the W-2 wage limitation is $150 (50% x $300) GPP’s DPAD is not
limited by the 50% of W-2 limit.

30. NOL Deduction
• Example 2:
– Same facts as example 1 except for QPAI and taxable income is
$500 in the current year.
• GPP’s DPAD for the current year is $0 (.09 x (lesser of QPAI of $500 and
taxable income of $0 ($500 taxable income - $500 NOL))

31. Questions?
Email or call:
Eric Olsen, CPA
Goldin Peiser & Peiser, LLP
EOlsen@GPPcpa.com
214.635.2538
www.GPPcpa.com
http://Manufacturing.GPPcpa.com/