Job Creation and Worker Assistance Act of 2002

The Law: Federal legislation that provided an economic stimulus for businesses

Date: Signed on March 9, 2002

In response to the economic downturn of the early 2000s, the Job Creation and Worker Assistance Act of 2002 (JCWAA) attempted to promote economic recovery by reducing taxes on businesses. By providing businesses with this economic stimulus, Congress aimed to facilitate job creation.

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Characterized as an economic stimulus plan, the JCWAA primarily assisted businesses through increased tax deductions. To increase business deductions, JCWAA offered a first-year, 30 percent bonus depreciation. This deduction could be used in addition to standard first-year deductions and could be applied toward any business property acquired between September 10, 2001, and September 11, 2004, excluding real estate. This provision sought to encourage small business creation and attempted to boost new businesses that were struggling.

JCWAA also expanded business deductions by increasing the carryback period for net operating losses (NOLs) by three additional years. NOLs occur when a business’s expenses exceed its profits. This provision temporarily allowed businesses to carry back NOLs from 2001 or 2002 and apply them as a deduction to the previous five years. Typically, NOLs may only be applied to the previous two years. By applying NOLs from one year as a deduction to profits from another year, businesses could lessen their tax liability. And by reducing a business’s taxable profits, JCWAA also reduced the amount due in taxes, thereby creating a stimulus.

In addition to providing tax incentives for businesses, JCWAA addressed other recovery needs. The act allocated funds to New York City to assist in the recovery from the terrorist attacks of September 11, 2001. It also offered incentives for clean energy use and production by extending tax deductions and credits for renewable energy that would have otherwise lapsed. While the act recognized the necessity of job creation, it also acknowledged an interim need to assist the vast number of unemployed Americans. To do so, JCWAA extended unemployment assistance eligibility by thirteen weeks, allowing states to opt in to this provision. JCWAA also sought to assist families. The act also renewed funding for the Temporary Assistance for Needy Families program.

Impact

Opinions on the lasting impact of the Job Creation and Worker Assistance Act of 2002 vary based on the analyst. Those who support tax cuts for businesses as a means to job creation view the act as a success. Alternatively, others consider tax cuts for businesses to be little more than a handout to the wealthy. Either way, it is difficult to quantify the jobs created by any one act of Congress. The most visible impact of JCWAA was that it further reinforced the partisan divide in Congress over differing approaches to economic improvement.

Bibliography

Bartlett, Bruce. The Benefit and the Burden: Tax Reform—Why We Need it and What it Will Take. New York: Simon, 2012. Print.

Smith, Allen W. The Big Lie: How Our Government Hoodwinked the Public, Emptied the S.S. Trust Fund and Caused the Great Economic Collapse. Winter Haven: Ironwood, 2009. Print.