| Publication 946 |
2008 Tax Year |
5.
Additional Rules for Listed Property
This chapter discusses the deduction limits and other special rules that apply to certain listed property. Listed property
includes cars and other
property used for transportation, property used for entertainment, and certain computers and cellular phones.
Deductions for listed property (other than certain leased property) are subject to the following special rules and limits.
-
Deduction for employees. If your use of the property is not for your employer's convenience or is not required as a condition of
your employment, you cannot deduct depreciation or rent expenses for your use of the property as an employee.
-
Business-use requirement. If the property is not used predominantly (more than 50%) for qualified business use, you cannot claim
the section 179 deduction or a special depreciation allowance. In addition, you must figure any depreciation deduction under
the Modified Accelerated
Cost Recovery System (MACRS) using the straight line method over the ADS recovery period. You may also have to recapture (include
in income) any
excess depreciation claimed in previous years. A similar inclusion amount applies to certain leased property.
-
Passenger automobile limits and rules. Annual limits apply to depreciation deductions (including section 179 deductions) for
certain passenger automobiles. You can continue to deduct depreciation for the unrecovered basis resulting from these limits
after the end of the
recovery period.
This chapter defines listed property and explains the special rules and depreciation deduction limits that apply, including
the special inclusion
amount rule for leased property. It also discusses the recordkeeping rules for listed property and explains how to report
information about the
property on your tax return.
For information on the limits on depreciation deductions for listed property placed in service before 1987, see Publication
534.
Useful Items - You may want to see:
Publication
-
463
Travel, Entertainment, Gift, and Car Expenses
-
535
Business Expenses
-
587
Business Use of Your Home (Including Use by Daycare Providers)
Form (and Instructions)
-
2106
Employee Business Expenses
-
2106-EZ
Unreimbursed Employee Business Expenses
-
4562
Depreciation and Amortization
-
4797
Sales of Business Property
See chapter 6 for information about getting publications and forms.
Terms you may need to know (see Glossary):
| Capitalized |
| Commuting |
| Improvement |
| Recovery period |
| Straight line method |
Listed property is any of the following.
-
Passenger automobiles weighing 6,000 pounds or less.
-
Any other property used for transportation, unless it is an excepted vehicle.
-
Property generally used for entertainment, recreation, or amusement (including photographic, phonographic, communication,
and
video-recording equipment).
-
Computers and related peripheral equipment, unless used only at a regular business establishment and owned or leased by the
person operating
the establishment. A regular business establishment includes a portion of a dwelling unit that is used both regularly and
exclusively for business as
discussed in Publication 587.
-
Cellular telephones (or similar telecommunication equipment).
Improvements to listed property.
An improvement made to listed property that must be capitalized is treated as a new item of depreciable property.
The recovery period and method of
depreciation that apply to the listed property as a whole also apply to the improvement. For example, if you must depreciate
the listed property using
the straight line method, you also must depreciate the improvement using the straight line method.
A passenger automobile is any four-wheeled vehicle made primarily for use on public streets, roads, and highways and rated
at 6,000 pounds or less
of unloaded gross vehicle weight (6,000 pounds or less of gross vehicle weight for trucks and vans). It includes any part,
component, or other item
physically attached to the automobile or usually included in the purchase price of an automobile.
The following vehicles are not considered passenger automobiles for these purposes.
-
An ambulance, hearse, or combination ambulance-hearse used directly in a trade or business.
-
A vehicle used directly in the trade or business of transporting persons or property for pay or hire.
-
A truck or van that is a qualified nonpersonal use vehicle.
Qualified nonpersonal use vehicles.
Qualified nonpersonal use vehicles are vehicles that by their nature are not likely to be used more than a minimal
amount for personal purposes.
They include the trucks and vans listed as excepted vehicles under Other Property Used for Transportation, next. They also include trucks
and vans that have been specially modified so that they are not likely to be used more than a minimal amount for personal
purposes, such as by
installation of permanent shelving and painting the vehicle to display advertising or the company's name.
For a detailed discussion of passenger automobiles, including leased passenger automobiles, see
Publication 463.
Other Property Used for Transportation
Although vehicles used to transport persons or property for pay or hire and vehicles rated at more than the 6,000-pound threshold
are not passenger
automobiles, they are still “other property used for transportation” and are subject to the special rules for listed property.
Other property used for transportation includes trucks, buses, boats, airplanes, motorcycles, and any other vehicles used
to transport persons or
goods.
Excepted vehicles.
Other property used for transportation does not include the following qualified nonpersonal use vehicles (defined
earlier under Passenger
Automobiles).
-
Clearly marked police and fire vehicles.
-
Unmarked vehicles used by law enforcement officers if the use is officially authorized.
-
Ambulances used as such and hearses used as such.
-
Any vehicle with a loaded gross vehicle weight of over 14,000 pounds that is designed to carry cargo.
-
Bucket trucks (cherry pickers), cement mixers, dump trucks (including garbage trucks), flatbed trucks, and refrigerated trucks.
-
Combines, cranes and derricks, and forklifts.
-
Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat.
-
Qualified moving vans.
-
Qualified specialized utility repair trucks.
-
School buses used in transporting students and employees of schools.
-
Other buses with a capacity of at least 20 passengers that are used as passenger buses.
-
Tractors and other special purpose farm vehicles.
Clearly marked police and fire vehicle.
A clearly marked police or fire vehicle is a vehicle that meets all the following requirements.
-
It is owned or leased by a governmental unit or an agency or instrumentality of a governmental unit.
-
It is required to be used for commuting by a police officer or fire fighter who, when not on a regular shift, is on call at
all
times.
-
It is prohibited from being used for personal use (other than commuting) outside the limit of the police officer's arrest
powers or the fire
fighter's obligation to respond to an emergency.
-
It is clearly marked with painted insignia or words that make it readily apparent that it is a police or fire vehicle. A marking
on a
license plate is not a clear marking for these purposes.
Qualified moving van.
A qualified moving van is any truck or van used by a professional moving company for moving household or business
goods if the following
requirements are met.
-
No personal use of the van is allowed other than for travel to and from a move site or for minor personal use, such as a stop
for lunch on
the way from one move site to another.
-
Personal use for travel to and from a move site happens no more than five times a month on average.
-
Personal use is limited to situations in which it is more convenient to the employer, because of the location of the employee's
residence in
relation to the location of the move site, for the van not to be returned to the employer's business location.
Qualified specialized utility repair truck.
A truck is a qualified specialized utility repair truck if it is not a van or pickup truck and all the following apply.
-
The truck was specifically designed for and is used to carry heavy tools, testing equipment, or parts.
-
Shelves, racks, or other permanent interior construction has been installed to carry and store the tools, equipment, or parts
and would make
it unlikely that the truck would be used, other than minimally, for personal purposes.
-
The employer requires the employee to drive the truck home in order to be able to respond in emergency situations for purposes
of restoring
or maintaining electricity, gas, telephone, water, sewer, or steam utility services.
Computers and Related Peripheral Equipment
A computer is a programmable, electronically activated device capable of accepting information, applying prescribed processes
to the information,
and supplying the results of those processes with or without human intervention. It consists of a central processing unit
with extensive storage,
logic, arithmetic, and control capabilities.
Related peripheral equipment is any auxiliary machine which is designed to be controlled by the central processing unit of
a computer.
The following are neither computers nor related peripheral equipment.
-
Any equipment that is an integral part of other property that is not a computer.
-
Typewriters, calculators, adding and accounting machines, copiers, duplicating equipment, and similar equipment.
-
Equipment of a kind used primarily for the user's amusement or entertainment, such as video games.
Can Employees Claim a Deduction?
If you are an employee, you can claim a depreciation deduction for the use of your listed property (whether owned or rented)
in performing services
as an employee only if your use is a business use. The use of your property in performing services as an employee is a business
use only if both the
following requirements are met.
If these requirements are not met, you cannot deduct depreciation (including the section 179 deduction) or rent expenses for
your use of the
property as an employee.
Employer's convenience.
Whether the use of listed property is for your employer's convenience must be determined from all the facts. The use
is for your employer's
convenience if it is for a substantial business reason of the employer. The use of listed property during your regular working
hours to carry on your
employer's business generally is for the employer's convenience.
Condition of employment.
Whether the use of listed property is a condition of your employment depends on all the facts and circumstances. The
use of property must be
required for you to perform your duties properly. Your employer does not have to require explicitly that you use the property.
However, a mere
statement by the employer that the use of the property is a condition of your employment is not sufficient.
Example 1.
Virginia Sycamore is employed as a courier with We Deliver, which provides local courier services. She owns and uses a motorcycle
to deliver
packages to downtown offices. We Deliver explicitly requires all delivery persons to own a car or motorcycle for use in their
employment. Virginia's
use of the motorcycle is for the convenience of We Deliver and is required as a condition of employment.
Example 2.
Bill Nelson is an inspector for Uplift, a construction company with many sites in the local area. He must travel to these
sites on a regular basis.
Uplift does not furnish an automobile or explicitly require him to use his own automobile. However, it pays him for any costs
he incurs in traveling
to the various sites. The use of his own automobile or a rental automobile is for the convenience of Uplift and is required
as a condition of
employment.
Example 3.
Assume the same facts as in Example 2 except that Uplift furnishes a car to Bill, who chooses to use his own car and receive payment for
using it. The use of his own car is neither for the convenience of Uplift nor required as a condition of employment.
Example 4.
Marilyn Lee is a pilot for Y Company, a small charter airline. Y requires pilots to obtain 80 hours of flight time annually
in addition to flight
time spent with the airline. Pilots usually can obtain these hours by flying with the Air Force Reserve or by flying part-time
with another airline.
Marilyn owns her own airplane. The use of her airplane to obtain the required flight hours is neither for the convenience
of the employer nor required
as a condition of employment.
Example 5.
David Rule is employed as an engineer with Zip, an engineering contracting firm. He occasionally takes work home at night
rather than work late in
the office. He owns and uses a home computer which is virtually identical to the office model. His use of the computer is
neither for the convenience
of his employer nor required as a condition of employment.
What Is the Business-Use Requirement?
Terms you may need to know (see Glossary):
| Adjusted basis |
| Business/investment use |
| Capitalized |
| Commuting |
| Declining balance method |
| Fair market value (FMV) |
| Nonresidential real property |
| Placed in service |
| Recapture |
| Recovery period |
| Straight line method |
You can claim the section 179 deduction and a special depreciation allowance for listed property and depreciate listed property
using GDS and a
declining balance method if the property meets the business-use requirement. To meet this requirement, listed property must
be used predominantly
(more than 50% of its total use) for qualified business use. If this requirement is not met, the following rules apply.
-
Property not used predominantly for qualified business use during the year it is placed in service does not qualify for the
section 179
deduction.
-
Property not used predominantly for qualified business use during the year it is placed in service does not qualify for a
special
depreciation allowance.
-
Any depreciation deduction under MACRS for property not used predominantly for qualified business use during any year must
be figured using
the straight line method over the ADS recovery period. This rule applies each year of the recovery period.
-
Excess depreciation on property previously used predominantly for qualified business use must be recaptured (included in income)
in the
first year in which it is no longer used predominantly for qualified business use.
-
A lessee must add an inclusion amount to income in the first year in which the leased property is not used predominantly for
qualified
business use.
Being required to use the straight line method for an item of listed property not used predominantly for qualified business
use is not the same as
electing the straight line method. It does not mean that you have to use the straight line method for other property in the
same class as the item of
listed property.
Exception for leased property.
The business-use requirement generally does not apply to any listed property leased or held for leasing by anyone
regularly engaged in the business
of leasing listed property.
You are considered regularly engaged in the business of leasing listed property only if you enter into contracts for
the leasing of listed property
with some frequency over a continuous period of time. This determination is made on the basis of the facts and circumstances
in each case and takes
into account the nature of your business in its entirety. Occasional or incidental leasing activity is insufficient. For example,
if you lease only
one passenger automobile during a tax year, you are not regularly engaged in the business of leasing automobiles. An employer
who allows an employee
to use the employer's property for personal purposes and charges the employee for the use is not regularly engaged in the
business of leasing the
property used by the employee.
To determine whether the business-use requirement is met, you must allocate the use of any item of listed property used for
more than one purpose
during the year among its various uses.
For passenger automobiles and other means of transportation, allocate the property's use on the basis of mileage. You determine
the percentage of
qualified business use by dividing the number of miles you drove the vehicle for business purposes during the year by the
total number of miles you
drove the vehicle for all purposes (including business miles) during the year.
For other listed property, allocate the property's use on the basis of the most appropriate unit of time the property is actually
used (rather than
merely being available for use). For example, you can determine the percentage of business use of a computer by dividing the
number of hours you used
the computer for business purposes during the year by the total number of hours you used the computer for all purposes (including
business use) during
the year.
Entertainment use.
Treat the use of listed property for entertainment, recreation, or amusement purposes as a business use only to the
extent you can deduct expenses
(other than interest and property tax expenses) due to its use as an ordinary and necessary business expense.
Commuting use.
The use of an automobile for commuting is not business use, regardless of whether work is performed during the trip.
For example, a business
telephone call made on a car telephone while commuting to work does not change the character of the trip from commuting to
business. This is also true
for a business meeting held in a car while commuting to work. Similarly, a business call made on an otherwise personal trip
does not change the
character of a trip from personal to business. The fact that an automobile is used to display material that advertises the
owner's or user's trade or
business does not convert an otherwise personal use into business use.
Use of your automobile by another person.
If someone else uses your automobile, do not treat that use as business use unless one of the following conditions
applies.
-
That use is directly connected with your business.
-
You properly report the value of the use as income to the other person and withhold tax on the income where required.
-
You are paid a fair market rent.
Treat any payment to you for the use of the automobile as a rent payment for purposes of item (3).
Employee deductions.
If you are an employee, do not treat your use of listed property as business use unless it is for your employer's
convenience and is required as a
condition of your employment. See Can Employees Claim a Deduction, earlier.
Qualified business use of listed property is any use of the property in your trade or business. However, it does not include
the following uses.
-
The leasing of property to any 5% owner or related person (to the extent the property is used by a 5% owner or person related
to the owner
or lessee of the property).
-
The use of property as pay for the services of a 5% owner or related person.
-
The use of property as pay for services of any person (other than a 5% owner or related person), unless the value of the use
is included in
that person's gross income and income tax is withheld on that amount where required.
Property does not stop being used predominantly for qualified business use because of a transfer at death.
Exception for leasing or compensatory use of aircraft.
Treat the leasing or compensatory use of any aircraft by a 5% owner or related person as a qualified business use
if at least 25% of the total use
of the aircraft during the year is for a qualified business use.
5% owner.
For a business entity that is not a corporation, a 5% owner is any person who owns more than 5% of the capital or
profits interest in the business.
For a corporation, a 5% owner is any person who owns, or is considered to own, either of the following.
Related persons.
For a description of related persons, see Related persons in the discussion on property owned or used in 1986 under Which Method
Can You Use To Depreciate Your Property in chapter 1. For this purpose, however, treat as related persons only the relationships listed in items
(1) through (10) of that discussion and substitute “ 50%” for “ 10%” each place it appears.
Examples.
The following examples illustrate whether the use of business property is qualified business use.
Example 1.
John Maple is the sole proprietor of a plumbing contracting business. John employs his brother, Richard, in the business.
As part of Richard's pay,
he is allowed to use one of the company automobiles for personal use. The company includes the value of the personal use of
the automobile in
Richard's gross income and properly withholds tax on it. The use of the automobile is pay for the performance of services
by a related person, so it
is not a qualified business use.
Example 2.
John, in Example 1, allows unrelated employees to use company automobiles for personal purposes. He does not include the value of the
personal use of the company automobiles as part of their compensation and he does not withhold tax on the value of the use
of the automobiles. This
use of company automobiles by employees is not a qualified business use.
Example 3.
James Company Inc. owns several automobiles that its employees use for business purposes. The employees also are allowed to
take the automobiles
home at night. The fair market value of each employee's use of an automobile for any personal purpose, such as commuting to
and from work, is reported
as income to the employee and James Company withholds tax on it. This use of company automobiles by employees, even for personal
purposes, is a
qualified business use for the company.
The use of property to produce income in a nonbusiness activity (investment use) is not a qualified business use. However,
you can treat the
investment use as business use to figure the depreciation deduction for the property in a given year.
Example 1.
Sarah Bradley uses a home computer 50% of the time to manage her investments. She also uses the computer 40% of the time in
her part-time consumer
research business. Sarah's home computer is listed property because it is not used at a regular business establishment. She
does not use the computer
predominantly for qualified business use. Therefore, she cannot elect a section 179 deduction or claim a special depreciation
allowance for the
computer. She must depreciate it using the straight line method over the ADS recovery period. Her combined business/investment
use for determining her
depreciation deduction is 90%.
Example 2.
If Sarah uses her computer 30% of the time to manage her investments and 60% of the time in her consumer research business,
it is used
predominantly for qualified business use. She can elect a section 179 deduction and, if she does not deduct all the computer's
cost, she can claim a
special depreciation allowance and depreciate the computer using the 200% declining balance method over the GDS recovery period.
Her combined
business/investment use for determining her depreciation deduction is 90%.
Recapture of Excess Depreciation
If you used listed property more than 50% in a qualified business use in the year you placed it in service, you must recapture
(include in income)
excess depreciation in the first year you use it 50% or less. You also increase the adjusted basis of your property by the
same amount.
Excess depreciation is:
-
The depreciation allowable for the property (including any section 179 deduction and special depreciation allowance claimed)
for years
before the first year you do not use the property predominantly for qualified business use, minus
-
The depreciation that would have been allowable for those years if you had not used the property predominantly for qualified
business use in
the year you placed it in service.
To determine the amount in (2) above, you must refigure the depreciation using the straight line method and the ADS recovery
period.
Example.
In June 2003, Ellen Rye purchased and placed in service a pickup truck that cost $18,000. She used it only for qualified business
use for 2003
through 2006. Ellen claimed a section 179 deduction of $10,000 based on the purchase of the truck. She began depreciating
it using the 200% DB method
over a 5-year GDS recovery period. The pickup truck's gross vehicle weight was over 6,000 pounds, so it was not subject to
the passenger automobile
limits discussed later under Do the Passenger Automobile Limits Apply. During 2007, she used the truck 50% for business and 50% for
personal purposes. She includes $4,018 excess depreciation in her gross income for 2007. The excess depreciation is determined
as follows.
|
Total section 179 deduction ($10,000) and depreciation claimed ($6,618) for 2003 through
2006. (Depreciation is from Table A-1.)
|
$16,618
|
| Minus: Depreciation allowable (Table A-8):
|
|
|
|
2003 - 10% of $18,000
|
$1,800
|
|
|
2004 - 20% of $18,000
|
3,600
|
|
|
2005 - 20% of $18,000
|
3,600
|
|
|
2006 - 20% of $18,000
|
3,600 |
12,600 |
| Excess depreciation |
$4,018 |
If Ellen's use of the truck does not change to 50% for business and 50% for personal purposes until 2009, there will be no
excess depreciation. The
total depreciation allowable using Table A-8 through 2009 will be $18,000, which equals the total of the section 179 deduction
and depreciation she
will have claimed.
Where to figure and report recapture.
Use Form 4797, Part IV, to figure the recapture amount. Report the recapture amount as other income on the same form
or schedule on which you took
the depreciation deduction. For example, report the recapture amount as other income on Schedule C (Form 1040) if you took
the depreciation deduction
on Schedule C. If you took the depreciation deduction on Form 2106, report the recapture amount as other income on Form 1040,
line 21.
Lessee's Inclusion Amount
If you use leased listed property other than a passenger automobile for business/investment use, you must include an amount
in your income in the
first year your qualified business-use percentage is 50% or less. Your qualified business-use percentage is the part of the
property's total use that
is qualified business use (defined earlier). For the inclusion amount rules for a leased passenger automobile, see Leasing a Car in chapter
4 of Publication 463.
The inclusion amount is the sum of Amount A and Amount B, described next. However, see the special rules for the inclusion
amount, later, if your
lease begins in the last 9 months of your tax year or is for less than one year.
Amount A.
Amount A is:
-
The fair market value of the property, multiplied by
-
The business/investment use for the first tax year the qualified business-use percentage is 50% or less, multiplied by
-
The applicable percentage from Table A-19 in Appendix A.
The fair market value of the property is the value on the first day of the lease term. If the capitalized cost of
an item of listed property is
specified in the lease agreement, you must treat that amount as the fair market value.
Amount B.
Amount B is:
-
The fair market value of the property, multiplied by
-
The average of the business/investment use for all tax years the property was leased that precede the first tax year the qualified
business-use percentage is 50% or less, multiplied by
-
The applicable percentage from Table A-20 in Appendix A.
Maximum inclusion amount.
The inclusion amount cannot be more than the sum of the deductible amounts of rent for the tax year in which the lessee
must include the amount in
gross income.
Inclusion amount worksheet.
The following worksheet is provided to help you figure the inclusion amount for leased listed property.
Inclusion Amount Worksheet for Leased Listed Property
|
1.
|
Fair market value
|
|
|
2.
|
Business/investment use for first year business use is 50% or less
|
|
|
3.
|
Multiply line 1 by line 2.
|
|
|
4.
|
Rate (%) from Table A-19
|
|
|
5.
|
Multiply line 3 by line 4. This is Amount A.
|
|
|
6.
|
Fair market value
|
|
|
7.
|
Average business/investment use for years property leased before the first year business use is 50% or less . . . . . . .
. . .
. . .
|
|
|
8.
|
Multiply line 6 by line 7
|
|
|
9.
|
Rate (%) from Table A-20
|
|
|
10.
|
Multiply line 8 by line 9. This is Amount B.
|
|
|
11.
|
Add line 5 and line 10. This is your inclusion amount. Enter here and as other income on the form or schedule
on which you originally took the deduction (for example, Schedule C or F (Form 1040), Form 1040, Form 1120, etc.)
|
|
Example.
On February 1, 2005, Larry House, a calendar year taxpayer, leased and placed in service a computer with a fair market value
of $3,000. The lease
is for a period of 5 years. Larry does not use the computer at a regular business establishment, so it is listed property.
His business use of the
property (all of which is qualified business use) is 80% in 2005, 60% in 2006, and 40% in 2007. He must add an inclusion amount
to gross income for
2007, the first tax year his qualified business-use percentage is 50% or less. The computer has a 5-year recovery period under
both GDS and ADS. 2007
is the third tax year of the lease, so the applicable percentage from Table A-19 is -19.8%. The applicable percentage from
Table A-20 is 22.0%.
Larry's deductible rent for the computer for 2007 is $800.
Larry uses the Inclusion Amount Worksheet for Leased Listed Property to figure the amount he must include in income for 2007. His
inclusion amount is $224, which is the sum of -$238 (Amount A) and $462 (Amount B).
Inclusion Amount Worksheet for Leased Listed Property
|
1.
|
Fair market value
|
$3,000
|
|
|
2.
|
Business/investment use for first year business use is 50% or less
|
40
|
%
|
|
3.
|
Multiply line 1 by line 2.
|
1,200
|
|
|
4.
|
Rate (%) from Table A-19
|
-19.8
|
%
|
|
5.
|
Multiply line 3 by line 4. This is Amount A.
|
-238
|
|
|
6.
|
Fair market value
|
3,000
|
|
|
7.
|
Average business/investment use for years property leased before the first year business use is 50% or less
|
70
|
%
|
|
8.
|
Multiply line 6 by line 7
|
2,100
|
|
|
9.
|
Rate (%) from Table A-20
|
22.0
|
%
|
|
10.
|
Multiply line 8 by line 9. This is Amount B.
|
462
|
|
|
11.
|
Add line 5 and line 10. This is your inclusion amount. Enter here and as other income on the
form or schedule on which you originally took the deduction (for example, Schedule C or F (Form 1040), Form 1040, Form 1120,
etc.)
|
$224
|
|
| |
|
|
|
Lease beginning in the last 9 months of your tax year.
The inclusion amount is subject to a special rule if all the following apply.
-
The lease term begins within 9 months before the close of your tax year.
-
You do not use the property predominantly (more than 50%) for qualified business use during that part of the tax year.
-
The lease term continues into your next tax year.
Under this special rule, add the inclusion amount to income in the next tax year. Figure the inclusion amount by taking into
account the
average of the business/investment use for both tax years (line 2 of the Inclusion Amount Worksheet for Leased Listed Property) and the
applicable percentage for the tax year the lease term begins. Skip lines 6 through 9 of the worksheet and enter zero on line
10.
Example 1.
On August 1, 2006, Julie Rule, a calendar year taxpayer, leased and placed in service an item of listed property. The property
is 5-year property
with a fair market value of $10,000. Her property has a recovery period of 5 years under ADS. The lease is for 5 years. Her
business use of the
property was 50% in 2006 and 90% in 2007. She paid rent of $3,600 for 2007, of which $3,240 is deductible. She must include
$147 in income in 2007.
The $147 is the sum of Amount A and Amount B. Amount A is $147 ($10,000 × 70% × 2.1%), the product of the fair market value,
the average
business use for 2006 and 2007, and the applicable percentage for year one from Table A-19. Amount B is zero.
Lease for less than one year.
A special rule for the inclusion amount applies if the lease term is less than one year and you do not use the property
predominantly (more than
50%) for qualified business use. The amount included in income is the inclusion amount (figured as described in the preceding
discussions) multiplied
by a fraction. The numerator of the fraction is the number of days in the lease term and the denominator is 365 (or 366 for
leap years).
The lease term for listed property other than residential rental or nonresidential real property includes options
to renew. If you have two or more
successive leases that are part of the same transaction (or a series of related transactions) for the same or substantially
similar property, treat
them as one lease.
Example 2.
On October 1, 2006, John Joyce, a calendar year taxpayer, leased and placed in service an item of listed property that is
3-year property. This
property had a fair market value of $15,000 and a recovery period of 5 years under ADS. The lease term was 6 months (ending
on March 31, 2007), during
which he used the property 45% in business. He must include $71 in income in 2007. The $71 is the sum of Amount A and Amount
B. Amount A is $71
($15,000 × 45% × 2.1% × 182/365), the product of the fair market value, the average business use for both years, and the applicable
percentage for year one from Table A-19, prorated for the length of the lease. Amount B is zero.
Where to report inclusion amount.
Report the inclusion amount figured as described in the preceding discussions as other income on the same form or
schedule on which you took the
deduction for your rental costs. For example, report the inclusion amount as other income on Schedule C (Form 1040) if you
took the deduction on
Schedule C. If you took the deduction for rental costs on Form 2106, report the inclusion amount as other income on Form 1040,
line 21.
Do the Passenger Automobile Limits Apply?
Terms you may need to know (see Glossary):
| Basis |
| Convention |
| Placed in service |
| Recovery period |
The depreciation deduction, including the section 179 deduction, you can claim for a passenger automobile (defined earlier)
each year is limited.
This section describes the maximum depreciation deduction amounts for 2007 and explains how to deduct, after the recovery
period, the unrecovered
basis of your property that results from applying the passenger automobile limit.
Exception for leased cars.
The passenger automobile limits generally do not apply to passenger automobiles leased or held for leasing by anyone
regularly engaged in the
business of leasing passenger automobiles. For information on when you are considered regularly engaged in the business of
leasing listed property,
including passenger automobiles, see Exception for leased property, earlier, under What Is the Business-Use Requirement.
Maximum Depreciation Deduction
The passenger automobile limits are the maximum depreciation amounts you can deduct for a passenger automobile. They are based
on the date you
placed the automobile in service.
The maximum deduction amounts for most passenger automobiles are shown in the following table.
Maximum Depreciation Deduction for Passenger Automobiles
|
Date
|
|
|
|
4th &
|
|
Placed
|
1st
|
2nd
|
3rd
|
Later
|
|
In Service
|
Year
|
Year
|
Year
|
Years
|
|
2007
|
$3,060
|
$4,900
|
$2,850
|
$1,775
|
|
2006
|
2,960
|
4,800
|
2,850
|
1,775
|
|
2005
|
2,960
|
4,700
|
2,850
|
1,675
|
|
2004
|
10,610
1 |
4,800
|
2,850
|
1,675
|
5/06/2003-
12/31/2003
|
10,710
2 |
4,900
|
2,950
|
1,775
|
1/01/2003-
5/05/2003
|
7,660
3 |
4,900
|
2,950
|
1,775
|
|
2002
|
7,660
3 |
4,900
|
2,950
|
1,775
|
|
2001
|
7,660
4 |
4,900
|
2,950
|
1,775
|
|
2000
|
3,060
|
4,900
|
2,950
|
1,775
|
|
1999
|
3,060
|
5,000
|
2,950
|
1,775
|
|
1998
|
3,160
|
5,000
|
2,950
|
1,775
|
|
1997
|
3,160
|
5,000
|
3,050
|
1,775
|
| 1If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $2,960.
|
| 2If you acquired the vehicle before 5/06/03, the maximum deduction is $7,660. If you elected not to claim any special
depreciation allowance for the vehicle, the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property,
the maximum
deduction is $3,060.
|
| 3If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $3,060.
|
| 4 If you acquired the vehicle before 9/11/01, you elected not to claim any special depreciation allowance for the vehicle, the
vehicle is not qualified property, or the vehicle is qualified Liberty Zone property, the maximum deduction is $3,060.
|
If your business/investment use of the automobile is less than 100%, you must reduce the maximum deduction amount by multiplying
the maximum amount
by the percentage of business/investment use determined on an annual basis during the tax year.
If you have a short tax year, you must reduce the maximum deduction amount by multiplying the maximum amount by a fraction.
The numerator of the
fraction is the number of months and partial months in the short tax year and the denominator is 12.
Example.
On April 15, 2007, Virginia Hart bought and placed in service a new car for $14,500. She used the car only in her business.
She files her tax
return based on the calendar year. She does not elect a section 179 deduction. Under MACRS, a car is 5-year property. Since
she placed her car in
service on April 15 and used it only for business, she uses the percentages in Table A-1 to figure her MACRS depreciation
on the car. Virginia
multiplies the $14,500 unadjusted basis of her car by 0.20 to get her MACRS depreciation of $2,900 for 2007. This $2,900 is
below the maximum
depreciation deduction of $3,060 for passenger automobiles placed in service in 2007. She can deduct the full $2,900.
The maximum depreciation deductions for passenger automobiles that are produced to run primarily on electricity are higher
than those for other
automobiles. The maximum deduction amounts for electric vehicles placed in service after August 5, 1997, and before January
1, 2007, are shown in the
following table. Owners of electric vehicles placed in service after December 31, 2006, should use the table of maximum deduction
amounts on page 62
for electric vehicles classified as passenger automobiles or use the table of maximum deduction amounts on page 64 for electric
vehicles classified as
trucks and vans.
Maximum Depreciation Deduction For Electric Vehicles
|
Date
|
|
|
|
4th &
|
|
Placed
|
1st
|
2nd
|
3rd
|
Later
|
|
In Service
|
Year
|
Year
|
Year
|
Years
|
|
2006
|
$8,980
|
$14,400
|
$8,650
|
$5,225
|
|
2005
|
8,880
|
14,200
|
8,450
|
5,125
|
|
2004
|
31,830
1 |
14,300
|
8,550
|
5,125
|
5/06/2003-
12/31/2003
|
32,030
2 |
14,600
|
8,750
|
5,225
|
1/01/2003-
5/05/2003
|
22,880
3 |
14,600
|
8,750
|
5,225
|
|
2002
|
22,980
4 |
14,700
|
8,750
|
5,325
|
|
2001
|
23,080
5 |
14,800
|
8,850
|
5,325
|
|
2000
|
9,280
|
14,800
|
8,850
|
5,325
|
|
1999
|
9,280
|
14,900
|
8,950
|
5,325
|
|
1998
|
9,380
|
15,000
|
8,950
|
5,425
|
|
1997
|
9,480
|
15,100
|
9,050
|
5,425
|
| 1If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $8,880.
|
| 2If you acquired the vehicle before 5/06/03, the maximum deduction is $22,880. If you elected not to claim any special
depreciation allowance for the vehicle, the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property,
the maximum
deduction is $9,080.
|
| 3 If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $9,080.
|
| 4 If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $9,180.
|
| 5 If you acquired the vehicle before 9/11/01, you elected not to claim any special depreciation allowance for the vehicle, the
vehicle is not qualified property, or the vehicle is qualified Liberty Zone property, the maximum deduction is $9,280.
|
The maximum depreciation deductions for trucks and vans placed in service after 2002 are higher than those for other passenger
automobiles. The
maximum deduction amounts for trucks and vans are shown in the following table.
Maximum Depreciation Deduction For Trucks and Vans
|
Date
|
|
|
|
4th &
|
|
Placed
|
1st
|
2nd
|
3rd
|
Later
|
|
In Service
|
Year
|
Year
|
Year
|
Years
|
|
2007
|
$3,260
|
$5,200
|
$3,050
|
$1,875
|
|
2006
|
3,260
|
5,200
|
3,150
|
1,875
|
|
2005
|
3,260
|
5,200
|
3,150
|
1,875
|
|
2004
|
10,910
1 |
5,300
|
3,150
|
1,875
|
5/06/2003-
12/31/2003
|
11,010
2 |
5,400
|
3,250
|
1,975
|
1/01/2003-
5/05/2003
|
7,960
3 |
5,400
|
3,250
|
1,975
|
| 1If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $3,260.
|
| 2 If you acquired the vehicle before 5/06/03, the maximum deduction is $7,960. If you elected not to claim any special
depreciation allowance for the vehicle, the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property,
the maximum
deduction is $3,360.
|
| 3 If you elected not to claim any special depreciation allowance for the vehicle, the vehicle is not qualified property, or the
vehicle is qualified Liberty Zone property, the maximum deduction is $3,360.
|
Depreciation Worksheet for Passenger Automobiles
You can use the following worksheet to figure your depreciation deduction using the percentage tables. Then use the information
from this worksheet
to prepare Form 4562.
Depreciation Worksheet for Passenger Automobiles
| Part I |
|
1.
|
MACRS system (GDS or ADS)
|
|
|
2.
|
Property class
|
|
|
3.
|
Date placed in service
|
|
|
4.
|
Recovery period
|
|
|
5.
|
Method and convention
|
|
|
6.
|
Depreciation rate (from tables)
|
|
|
7.
|
Maximum depreciation deduction for this year from the appropriate table
|
|
|
|
8.
|
Business/investment-use percentage
|
|
|
|
9.
|
Multiply line 7 by line 8. This is your adjusted maximum depreciation deduction
|
|
|
|
10.
|
Section 179 deduction claimed this year (not more than line 9). Enter -0- if this is not the year you
placed the car in service.
|
|
|
| |
Note.
1) If line 10 is equal to line 9, stop here. Your combined section 179 and depreciation deduction is limited to the amount
on line 9.
2) If line 10 is less than line 9, complete Part II.
|
| Part II |
|
11.
|
Subtract line 10 from line 9. This is the maximum amount you can deduct for depreciation
|
|
|
|
12.
|
Cost or other basis
|
|
|
|
13.
|
Multiply line 12 by line 8. This is your business/investment cost
|
|
|
|
14.
|
Section 179 deduction and any special depreciation allowance claimed in the year you placed the car in
service
|
|
|
|
15.
|
Subtract line 14 from line 13. This is your basis for depreciation
|
|
|
|
16.
|
Multiply line 15 by line 6. This is your tentative MACRS depreciation deduction
|
|
|
|
17.
|
Enter the lesser of line 11 or
line 16. This is your MACRS depreciation deduction
|
|
|
The following example shows how to figure your depreciation deduction using the worksheet.
Example.
On September 26, 2007, Donald Banks bought and placed in service a new car for $18,000. He used the car 60% for business during
2007. He files his
tax return based on the calendar year. Under GDS, his car is 5-year property. Donald is electing a section 179 deduction of
$1,000 on the car. He uses
Table A-1 to determine the depreciation rate. Donald's MACRS depreciation deduction is limited to $836, as shown in the following
worksheet.
Depreciation Worksheet for Passenger Automobiles
| Part I |
|
1.
|
MACRS system (GDS or ADS)
|
GDS
|
|
2.
|
Property class
|
5-year
|
|
3.
|
Date placed in service
|
9/26/07
|
|
4.
|
Recovery period
|
5-Year
|
|
5.
|
Method and convention
|
200% DB/Half-Year
|
|
6.
|
Depreciation rate (from tables)
|
.20
|
|
7.
|
Maximum depreciation deduction for this year from the appropriate table
|
$3,060
|
|
|
8.
|
Business/investment-use percentage
|
60%
|
|
|
9.
|
Multiply line 7 by line 8. This is your adjusted maximum depreciation deduction
|
|
$1,836
|
|
10.
|
Section 179 deduction claimed this year (not more than line 9). Enter -0- if this is not the year you
placed the car in service.
|
|
$1,000
|
| |
Note.
1) If line 10 is equal to line 9, stop here. Your combined section 179 and depreciation deduction is limited to the amount
on line 9.
2) If line 10 is less than line 9, complete Part II.
|
| Part II |
|
11.
|
Subtract line 10 from line 9. This is the maximum amount you can deduct for depreciation
|
|
$836
|
|
12.
|
Cost or other basis
|
$18,000
|
|
|
13.
|
Multiply line 12 by line 8. This is your business/investment cost
|
$10,800
|
|
|
14.
|
Section 179 deduction and any special depreciation allowance claimed in year you placed the car in
service
|
$1,000
|
|
|
15.
|
Subtract line 14 from line 13. This is your basis for depreciation
|
$9,800
|
|
|
16.
|
Multiply line 15 by line 6. This is your tentative MACRS depreciation deduction
|
|
$1,960
|
|
17.
|
Enter the lesser of line 11 or
line 16. This is your MACRS depreciation deduction
|
|
$836
|
Deductions After the Recovery Period
If the depreciation deductions for your automobile are reduced under the passenger automobile limits, you will have unrecovered
basis in your
automobile at the end of the recovery period. If you continue to use the automobile for business, you can deduct that unrecovered
basis after the
recovery period ends. You can claim a depreciation deduction in each succeeding tax year until you recover your full basis
in the car. The maximum
amount you can deduct each year is determined by the date you placed the car in service and your business/investment-use percentage.
See Maximum
Depreciation Deduction, earlier.
Unrecovered basis is the cost or other basis of the passenger automobile reduced by any clean-fuel vehicle deduction, electric
vehicle credit,
depreciation, and section 179 deductions that would have been allowable if you had used the car 100% for business and investment
use and the passenger
automobile limits had not applied.
You cannot claim a depreciation deduction for listed property other than passenger automobiles after the recovery period ends.
There is no
unrecovered basis at the end of the recovery period because you are considered to have used this property 100% for business
and investment purposes
during all of the recovery period.
Example.
In May 2001, you bought and placed in service a car costing $31,500. The car was 5-year property under GDS (MACRS). You did
not elect a section 179
deduction and elected not to claim any special depreciation allowance for the car. You used the car exclusively for business
during the recovery
period (2001 through 2006). You figured your depreciation as shown below.
|
Year |
Percentage |
Amount |
Limit |
|
Allowed |
|
2001
|
20.0%
|
$6,300
|
$3,060
|
|
$3,060
|
|
2002
|
32.0
|
10,080
|
4,900
|
|
4,900
|
|
2003
|
19.2
|
6,048
|
2,950
|
|
2,950
|
|
2004
|
11.52
|
3,629
|
1,775
|
|
1,775
|
|
2005
|
11.52
|
3,629
|
1,775
|
|
1,775
|
|
2006
|
5.76
|
1,814
|
1,775
|
|
1,775 |
| Total |
|
$16,235 |
At the end of 2006, you had an unrecovered basis of $15,265 ($31,500 - $16,235). If in 2007 and later years you continue to
use the car 100%
for business, you can deduct each year the lesser of $1,775 or your remaining unrecovered basis.
If your business use of the car had been less than 100% during any year, your depreciation deduction would have been less
than the maximum amount
allowable for that year. However, in figuring your unrecovered basis in the car, you would still reduce your basis by the
maximum amount allowable as
if the business use had been 100%. For example, if you had used your car 60% for business instead of 100%, your allowable
depreciation deductions
would have been $9,741 ($16,235 × 60%), but you still would have to reduce your basis by $16,235 to determine your unrecovered
basis.
Deductions For Passenger Automobiles Acquired in a Trade-in
If you acquire a passenger automobile in a trade-in, depreciate the carryover basis separately as if the trade-in did not
occur. If the automobile
acquired in the trade-in is qualified GO Zone property, the carryover basis is eligible for a special depreciation allowance.
See Qualified Gulf
Opportunity Zone Property in chapter 3. Depreciate the part of the new automobile's basis that exceeds its carryover basis (excess basis) as if
it were newly placed in service property. This excess basis is the additional cash paid for the new automobile in the trade-in.
The depreciation figured for the two components of the basis (carryover basis and excess basis) is subject to a single passenger
automobile limit.
Special rules apply in determining the passenger automobile limits. These rules and examples are discussed in section 1.168(i)-6(d)(3)
of the
regulations.
Instead of figuring depreciation for the carryover basis and the excess basis separately, you can elect to treat the old automobile
as disposed of
and both of the basis components for the new automobile as if placed in service at the time of the trade-in. For more information,
including how to
make this election, see Election out under Property Acquired in a Like-kind Exchange or Involuntary Conversion in chapter 4 and
sections 1.168(i)-6(i) and 1.168(i)-6(j) of the regulations.
What Records Must Be Kept?
Terms you may need to know (see Glossary):
| Business/investment use |
| Circumstantial evidence |
| Documentary evidence |
You cannot take any depreciation or section 179 deduction for the use of listed property unless you can prove your business/investment
use with
adequate records or with sufficient evidence to support your own statements. For listed property, you must keep records for
as long as any recapture
can still occur. Recapture can occur in any tax year of the recovery period.
To meet the adequate records requirement, you must maintain an account book, diary, log, statement of expense, trip sheet,
or similar record or
other documentary evidence that, together with the receipt, is sufficient to establish each element of an expenditure or use.
You do not have to
record information in an account book, diary, or similar record if the information is already shown on the receipt. However,
your records should back
up your receipts in an orderly manner.
Elements of expenditure or use.
Your records or other documentary evidence must support all the following.
-
The amount of each separate expenditure, such as the cost of acquiring the item, maintenance and repair costs, capital improvement
costs,
lease payments, and any other expenses.
-
The amount of each business and investment use (based on an appropriate measure, such as mileage for vehicles and time for
other listed
property), and the total use of the property for the tax year.
-
The date of the expenditure or use.
-
The business or investment purpose for the expenditure or use.
Written documents of your expenditure or use are generally better evidence than oral statements alone. You do not
have to keep a daily log.
However, some type of record containing the elements of an expenditure or the business or investment use of listed property
made at or near the time
of the expenditure or use and backed up by other documents is preferable to a statement you prepare later.
Timeliness.
You must record the elements of an expenditure or use at the time you have full knowledge of the elements. An expense
account statement made from
an account book, diary, or similar record prepared or maintained at or near the time of the expenditure or use generally is
considered a timely record
if, in the regular course of business:
-
The statement is given by an employee to the employer, or
-
The statement is given by an independent contractor to the client or customer.
For example, a log maintained on a weekly basis, that accounts for use during the week, will be considered a record
made at or near the time of
use.
Business purpose supported.
Generally, an adequate record of business purpose must be in the form of a written statement. However, the amount
of detail necessary to establish
a business purpose depends on the facts and circumstances of each case. A written explanation of the business purpose will
not be required if the
purpose can be determined from the surrounding facts and circumstances. For example, a salesperson visiting customers on an
established sales route
will not normally need a written explanation of the business purpose of his or her travel.
Business use supported.
An adequate record contains enough information on each element of every business or investment use. The amount of
detail required to support the
use depends on the facts and circumstances. For example, a taxpayer who uses a truck for both business and personal purposes
and whose only business
use of the truck is to make customer deliveries on an established route can satisfy the requirement by recording the length
of the route, including
the total number of miles driven during the tax year and the date of each trip at or near the time of the trips.
Although you generally must prepare an adequate written record, you can prepare a record of the business use of listed
property in a computer
memory device that uses a logging program.
Separate or combined expenditures or uses.
Each use by you normally is considered a separate use. However, you can combine repeated uses as a single item.
Record each expenditure as a separate item. Do not combine it with other expenditures. If you choose, however, you
can combine amounts you spent
for the use of listed property during a tax year, such as for gasoline or automobile repairs. If you combine these expenses,
you do not need to
support the business purpose of each expense. Instead, you can divide the expenses based on the total business use of the
listed property.
You can account for uses that can be considered part of a single use, such as a round trip or uninterrupted business
use, by a single record. For
example, you can account for the use of a truck to make deliveries at several locations that begin and end at the business
premises and can include a
stop at the business in between deliveries by a single record of miles driven. You can account for the use of a passenger
automobile by a salesperson
for a business trip away from home over a period of time by a single record of miles traveled. Minimal personal use (such
as a stop for lunch between
two business stops) is not an interruption of business use.
Confidential information.
If any of the information on the elements of an expenditure or use is confidential, you do not need to include it
in the account book or similar
record if you record it at or near the time of the expenditure or use. You must keep it elsewhere and make it available as
support to the IRS director
for your area on request.
Substantial compliance.
If you have not fully supported a particular element of an expenditure or use, but have complied with the adequate
records requirement for the
expenditure or use to the satisfaction of the IRS director for your area, you can establish this element by any evidence the
IRS director for your
area deems adequate.
If you fail to establish to the satisfaction of the IRS director for your area that you have substantially complied
with the adequate records
requirement for an element of an expenditure or use, you must establish the element as follows.
If the element is the cost or amount, time, place, or date of an expenditure or use, its supporting evidence must
be direct evidence, such as oral
testimony by witnesses or a written statement setting forth detailed information about the element or the documentary evidence.
If the element is the
business purpose of an expenditure, its supporting evidence can be circumstantial evidence.
Sampling.
You can maintain an adequate record for part of a tax year and use that record to support your business and investment
use of listed property for
the entire tax year if it can be shown by other evidence that the periods for which you maintain an adequate record are representative
of the use
throughout the year.
Example 1.
Denise Williams, a sole proprietor and calendar year taxpayer, operates an interior decorating business out of her home. She
uses her automobile
for local business visits to the homes or offices of clients, for meetings with suppliers and subcontractors, and to pick
up and deliver items to
clients. There is no other business use of the automobile, but she and family members also use it for personal purposes. She
maintains adequate
records for the first 3 months of the year showing that 75% of the automobile use was for business. Subcontractor invoices
and paid bills show that
her business continued at approximately the same rate for the rest of the year. If there is no change in circumstances, such
as the purchase of a
second car for exclusive use in her business, the determination that her combined business/investment use of the automobile
for the tax year is 75%
rests on sufficient supporting evidence.
Example 2.
Assume the same facts as in Example 1, except that Denise maintains adequate records during the first week of every month showing that
75% of her use of the automobile is for business. Her business invoices show that her business continued at the same rate
during the later weeks of
each month so that her weekly records are representative of the automobile's business use throughout the month. The determination
that her
business/investment use of the automobile for the tax year is 75% rests on sufficient supporting evidence.
Example 3.
Bill Baker, a sole proprietor and calendar year taxpayer, is a salesman in a large metropolitan area for a company that manufactures
household
products. For the first 3 weeks of each month, he occasionally uses his own automobile for business travel within the metropolitan
area. During these
weeks, his business use of the automobile does not follow a consistent pattern. During the fourth week of each month, he delivers
all business orders
taken during the previous month. The business use of his automobile, as supported by adequate records, is 70% of its total
use during that fourth
week. The determination based on the record maintained during the fourth week of the month that his business/investment use
of the automobile for the
tax year is 70% does not rest on sufficient supporting evidence because his use during that week is not representative of
use during other periods.
Loss of records.
When you establish that failure to produce adequate records is due to loss of the records through circumstances beyond
your control, such as
through fire, flood, earthquake, or other casualty, you have the right to support a deduction by reasonable reconstruction
of your expenditures and
use.
How Is Listed Property Information Reported?
You must provide the information about your listed property requested in Part V of Form 4562, Section A, if you claim either
of the following
deductions.
If you claim any deduction for a vehicle, you also must provide the information requested in Section B. If you provide the
vehicle for your
employee's use, the employee must give you this information. If you provide any vehicle for use by an employee, you must first
answer the questions in
Section C to see if you meet an exception to completing Section B for that vehicle.
Vehicles used by your employees.
You do not have to complete Section B, Part V, for vehicles used by your employees who are not more-than-5% owners
or related persons if you meet
at least one of the following requirements.
-
You maintain a written policy statement that prohibits one of the following uses of the vehicles.
-
All personal use including commuting.
-
Personal use, other than commuting, by employees who are not officers, directors, or 1%-or-more owners.
-
You treat all use of the vehicles by your employees as personal use.
-
You provide more than five vehicles for use by your employees, and you keep in your records the information on their use given
to you by the
employees.
-
For demonstrator automobiles provided to full-time salespersons, you maintain a written policy statement that limits the total
mileage
outside the salesperson's normal working hours and prohibits use of the automobile by anyone else, for vacation trips, or
to store personal
possessions.
Exceptions.
If you file Form 2106, 2106-EZ, or Schedule C-EZ (Form 1040), and you are not required to file Form 4562, report information
about listed property
on that form and not on Form 4562. Also, if you file Schedule C (Form 1040) and are claiming the standard mileage rate or
actual vehicle expenses
(except depreciation) and you are not required to file Form 4562 for any other reason, report vehicle information in Part
IV of Schedule C and not on
Form 4562.
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