Car Expense

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 Car Expenses - Write Them Off   

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A few closely related topics & pages From Bob Parrish CPA PC:   Car - law requirements for recordkeeping ~ Car Defense of Deductions - IRS Interpretation ~ Car Expenses - Temporary Locations (multiple)

 

Client Letter - What this idea is about From Bob Parrish CPA PC

 

Poor Joe was never slow Always fast and on the go
Never did he note the miles he drove
So when tax auditor saw poor Joe
The Auditor Got his Dough

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You have not engaged Bob Parrish CPA PC, Bob Parrish CPA, pro1040, Consulting on line, any related parties, or the ISP to perform any services for you or offer you advice.  This entire site is for educational or informational purposes only.   You are not to use the forms, concepts, strategies, or knowledge without assistance from a professional.   The author, the corporation, the ISP, Bob Parrish CPA, Bob Parrish CPA, P.C. or other parties related to those or this site do not guarantee or warrantee in any manner the suitability, usefulness, accuracy, timeliness, or results of any portions of this site, nor the links contained in this site which link to other areas.   At times, information is taken from other sources and is believed to be accurate, but no verification or confirmation is performed.  Furthermore, if any federal or state law invalidates a portion of this disclaimer, the other portions still apply.   In addition, any allegations or actions are restricted to arbitration only and must be arbitrated by the Better Business Bureau in Sarasota Florida.  Reading of these pages constitutes complete acceptance and agreement with all disclaimer provisions on all pages of this site. ....... Thursday, February 22, 2007 11:45 AM  

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Plain English Analysis What it does, Why it works - The Answer, Alternatives From Bob Parrish CPA PC

Car Expense

If you want to use the standard mileage rate for a car, you must choose to use it in the FIRST YEAR the car is available for use in your business. Then in later years you can choose to use the standard mileage rate or actual expenses. If you choose to use the standard mileage method, you CANNOT deduct actual car expenses. These include depreciation, maintenance and repairs, gasoline (including taxes), oil, insurance, and vehicle registration. You also cannot claim the section 179 deduction if you use the standard mileage method. If you change to the actual expenses method in a later year, but before your car is considered fully depreciated, you have to estimate the remaining useful life of the car and use straight line depreciation. NOTE. In addition to using the standard mileage rate, you can deduct any business-related parking fees and tolls. Parking fees that you pay to park your car at your place of work are nondeductible commuting expenses.

Depreciation 
    Year(s)   Rate per Mile 
 1994 - 1998   $ .12
 1992 - 1993      .11 1/2
 1989 - 1991      .11
 1988      .10 1/2
 1987      .10
 1986      .09
 1983 - 1985      .08
 1982      .07 1/2
 1980 - 1981      .07

Depreciation adjustment when you used the standard mileage rate. If you used the standard mileage rate for the business use of your car, depreciation was included in that rate. The rate of depreciation that was allowed in the standard mileage rate is shown in the chart that follows. You must reduce the basis of your car (but not below zero) by the amount of this depreciation.

These rates do not apply for any year in which the actual expenses method was used.

For tax years before 1990, the depreciation rates apply to the first 15,000 miles. For tax years after 1989, the depreciation rates apply to all business miles

Instead of keeping track of actual expenses, taxpayers may use the standard mileage rate set by the IRS. 

The standard mileage rate for years 1995 to the present is as follows:

Year 

Rate per Mile

1995

30.0 cents

1996

31.0 cents

1997

31.5 cents

1998

32.5 cents

1999

31.0 cents

 

 

 

 

 

 

A deduction computed using the standard mileage rate for business miles is in lieu of deducting operating and fixed costs of the automobile. Operating and fixed costs include depreciation, maintenance and repairs, tires, gas, oil, insurance, and registration fees. Not included in the standard mileage rate, and thus deductible as separate items, are parking fees, tolls, interest relating to the purchase of the automobile, and state and local taxes to the extent they are allowable deductions. 

Rev. Proc. 98-63, §§5.03, 5.04. Interest is nondeductible personal interest under §163(h)(2)(A) when it is paid on debt allocable to a trade or business (other than the trade or business of performing services as an employee). In addition, §164 provides that state and local taxes that are paid in connection with an acquisition or disposition of property are treated as part of the cost of the acquired property or as a reduction in the amount realized on the property's disposition.


In order to use the standard mileage rate, a taxpayer must choose to use it in the first year the automobile is placed in service in the taxpayer's business. In later years, the standard mileage rate or the actual expense method may be used. If the standard mileage rate is used in the first year of business use, the taxpayer is considered to have elected not to use depreciation methods since the standard mileage rate allows for depreciation.  Because depreciation is considered a component of the standard mileage rate, the taxpayer's basis in the automobile must be reduced by the depreciation allowed. For purposes of computing the depreciation allowed for years in which the standard mileage rate was used, the IRS allows 12 cents per mile for calendar years 1995-1999. 


These rates do not apply for any year in which the actual cost method was used. For purposes of computing adjusted basis for years before 1990, an automobile is considered to have been driven no more than 15,000 business miles in any one year, even though the actual business mileage may be more, and the automobile is considered fully depreciated after 60,000 miles of business use at the maximum standard mileage rate.

The standard mileage rate may not be used to compute the deductible expenses of:

• vehicles used for hire, such as taxicabs;
• two or more vehicles used simultaneously (such as in fleet operations); or
• any vehicle that is leased, rather than owned, by the taxpayer, unless the taxpayer uses either the standard mileage rate or a FAVR allowance to compute the deductible business expenses of the automobile for the entire lease period. 

/Footnote/ 545 Rev. Proc. 98-63, §5.06(1).

For taxable years beginning after 1997, rural mail carriers employed by the U.S. Postal Service who receive qualified reimbursements for expenses incurred by such employee for the use of a vehicle in performing the collection and delivery of mail are allowed a deduction for the use of such vehicle in an amount equal to the amount of such qualified reimbursement. 

Footnote/ 545.1 §162(o), as amended by the Taxpayer Relief Act of 1997, P.L. 105-34. Qualified reimbursements are the amounts paid by the U.S. Postal Service to employees as an equipment maintenance allowance under the 1991 collective bargaining agreement, which may be increased by no more than the rate of inflation. §162(o)(2).

 

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Technical Analysis & Citations What It does, Why it works - From Bob Parrish CPA PC

  Law (commentary and citation) Regs (commentary and citation) Cases (commentary and citation) Rev Procs

Law

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Regs

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Cases

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Revenue Procedures

Revenue Procedure 98-63

.01 In general. The standard mileage rate for transportation expenses is 31 cents per mile for all miles of use for business purposes. This business standard mileage rate will be adjusted annually (to the extent warranted) by the Service, and any such adjustment will be applied prospectively.


.02 Use of the business standard mileage rate. A taxpayer may use the business standard mileage rate with respect to an automobile that is either owned or leased by the taxpayer. A taxpayer generally may deduct an amount equal to either the business standard mileage rate times the number of business miles traveled or the actual costs (both operating and fixed) paid or incurred by the taxpayer that are allocable to traveling those business miles.


.03 Business standard mileage rate in lieu of operating and fixed costs. A deduction using the standard mileage rate for business miles is computed on a yearly basis and is in lieu of all operating and fixed costs of the automobile allocable to business purposes (except as provided in section 9.06 of this revenue procedure). Such items as depreciation (or lease payments), maintenance and repairs, tires, gasoline (including all taxes thereon), oil, insurance, and license and registration fees are included in operating and fixed costs for this purpose.


.04 Parking fees, tolls, interest, and taxes. Parking fees and tolls attributable to use of the automobile for business purposes may be deducted as separate items. Likewise, interest relating to the purchase of the automobile as well as state and local taxes (other than those included in the cost of gasoline) may be deducted as separate items, but only to the extent that the interest or taxes are allowable deductions under section 163 or 164 respectively. If the automobile is operated less than 100 percent for business purposes, an allocation is required to determine the business and nonbusiness portion of the taxes and interest deduction allowable. However, section 163(h)(2)(A) expressly provides that interest is nondeductible personal interest when it is paid or accrued on indebtedness properly allocable to the trade or business of performing services as an employee. Section 164 also expressly provides that state and local taxes that are paid or accrued by a taxpayer in connection with an acquisition or disposition of property will be treated as part of the cost of the acquired property or as a reduction in the amount realized on the disposition of such property.

 

 

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Tax Killers  From Bob Parrish CPA PC

This is about Activity Based Taxplanning - maximizing deductions, minimizing cash outlay and maximizing the amount of cash retained and the net worth.  Activity Based Taxplanning (ABT) is a methodology developed by Bob Parrish CPA, that assists people with the tax issues by focusing on the activity (or actions - events) that are being undertaken or contemplated (or have already taken place).  The,  research is compiled from the myriad of sources to help you complete the activity with the least tax cost, while maintaining compliance the tax laws, other laws and regulations and place yourself in a position to protect your objectives.

Tax is a subject that many view in order to cut costs.  Taxes are a cost just as any other cost.  It happens this cost is somewhat intangible and is defined by legislation without a tangible item to view and control.  The money is spent and the control of the expenditure is more appropriately administered by someone trained in the law.

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Cost Killers   From Bob Parrish CPA PC

 This is about Activity Based Costing  - methods to cut costs, management accounting, management information systems, decision support systems - in general about being a manager.

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Preparing for your CPA, attorney, or preparing to start your own What to gather - From Bob Parrish CPA PC

 

Entrance Interview

1041 Organizer

Exit Interview

From Banking Records

From Customer Records

From Signed Documents

From Your Other Business, or Financial Records

From Corporation or Organization Records (meetings, etc.) 

What to do

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Forms - checklists, time-line to do, etc. Assistance - What To Do - From Bob Parrish CPA PC

Assistance - What to do

Forms - Checklists - Etc.

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Spreadsheets & Computations From Bob Parrish CPA PC  

Automobile Mileage Logbook

Car Expense Form

Car Buyer Guide

How to Prove Business Expense

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Contracts, Trusts, etc. From Bob Parrish CPA PC

Agreement #1

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Reports Required From Bob Parrish CPA PC

 Report #1

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Checklists for Deployment  From Bob Parrish CPA PC

 Checklist #1

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Checklist for Monitoring  From Bob Parrish CPA PC

 Checklist #1

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Financial Accounting: Bookkeeping & Financials From Bob Parrish CPA PC

Financial Statement Presentation

Notes to Financial Statements

How to Make Entries

What Kind of Records to Keep

Bookkeeping Methods - Cash, Accrual and Other

How the Business Entity Affects the Recording

Sole Proprietor

Corporation - C & S

Partnerships - General, Limited, Limited Liability Company, Registered Limited Liability Partnership or Company

Trusts

Tax Exempt

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Compliance - what is required for protection, defense, etc.  From Bob Parrish CPA PC

Compliance Checklist

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Alerts & Dangers - Risks, Asset Protection, IRS Defense From Bob Parrish CPA PC

Car - law requirements for recordkeeping

cars and trucks excluded from depreciation limits

Car Expenses - More Warnings

Car - law requirements for recordkeeping

Action Checklist

Alerts & Dangers - Risks

Asset Protection

Your Defense

How to Prove Business Expense

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