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Tax Act 2012 Returning User

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Tax Act 2012 Returning User

Tax act 2012 returning user 5. Tax act 2012 returning user   Additional Rules for Listed Property Table of Contents Introduction Useful Items - You may want to see: What Is Listed Property?Passenger Automobiles Other Property Used for Transportation Computers and Related Peripheral Equipment Can Employees Claim a Deduction? What Is the Business-Use Requirement?How To Allocate Use Qualified Business Use Recapture of Excess Depreciation Lessee's Inclusion Amount Do the Passenger Automobile Limits Apply?Maximum Depreciation Deduction Deductions After the Recovery Period Deductions For Passenger Automobiles Acquired in a Trade-in What Records Must Be Kept?Adequate Records How Is Listed Property Information Reported? Introduction This chapter discusses the deduction limits and other special rules that apply to certain listed property. Tax act 2012 returning user Listed property includes cars and other property used for transportation, property used for entertainment, and certain computers. Tax act 2012 returning user Deductions for listed property (other than certain leased property) are subject to the following special rules and limits. Tax act 2012 returning user Deduction for employees. Tax act 2012 returning user 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. Tax act 2012 returning user Business-use requirement. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user You may also have to recapture (include in income) any excess depreciation claimed in previous years. Tax act 2012 returning user A similar inclusion amount applies to certain leased property. Tax act 2012 returning user Passenger automobile limits and rules. Tax act 2012 returning user Annual limits apply to depreciation deductions (including section 179 deductions and any special depreciation allowance) for certain passenger automobiles. Tax act 2012 returning user You can continue to deduct depreciation for the unrecovered basis resulting from these limits after the end of the recovery period. Tax act 2012 returning user 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. Tax act 2012 returning user It also discusses the recordkeeping rules for listed property and explains how to report information about the property on your tax return. Tax act 2012 returning user 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. Tax act 2012 returning user What Is Listed Property? Listed property is any of the following. Tax act 2012 returning user Passenger automobiles (as defined later). Tax act 2012 returning user Any other property used for transportation, unless it is an excepted vehicle. Tax act 2012 returning user Property generally used for entertainment, recreation, or amusement (including photographic, phonographic, communication, and video-recording equipment). Tax act 2012 returning user Computers and related peripheral equipment, unless used only at a regular business establishment and owned or leased by the person operating the establishment. Tax act 2012 returning user 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. Tax act 2012 returning user Improvements to listed property. Tax act 2012 returning user   An improvement made to listed property that must be capitalized is treated as a new item of depreciable property. Tax act 2012 returning user The recovery period and method of depreciation that apply to the listed property as a whole also apply to the improvement. Tax act 2012 returning user 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. Tax act 2012 returning user Passenger Automobiles 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). Tax act 2012 returning user It includes any part, component, or other item physically attached to the automobile at the time of purchase or usually included in the purchase price of an automobile. Tax act 2012 returning user The following vehicles are not considered passenger automobiles for these purposes. Tax act 2012 returning user An ambulance, hearse, or combination ambulance-hearse used directly in a trade or business. Tax act 2012 returning user A vehicle used directly in the trade or business of transporting persons or property for pay or hire. Tax act 2012 returning user A truck or van that is a qualified nonpersonal use vehicle. Tax act 2012 returning user Qualified nonpersonal use vehicles. Tax act 2012 returning user   Qualified nonpersonal use vehicles are vehicles that by their nature are not likely to be used more than a minimal amount for personal purposes. Tax act 2012 returning user They include the trucks and vans listed as excepted vehicles under Other Property Used for Transportation , next. Tax act 2012 returning user 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. Tax act 2012 returning user For a detailed discussion of passenger automobiles, including leased passenger automobiles, see  Publication 463. Tax act 2012 returning user 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. Tax act 2012 returning user Other property used for transportation includes trucks, buses, boats, airplanes, motorcycles, and any other vehicles used to transport persons or goods. Tax act 2012 returning user Excepted vehicles. Tax act 2012 returning user   Other property used for transportation does not include the following qualified nonpersonal use vehicles (defined earlier under Passenger Automobiles ). Tax act 2012 returning user Clearly marked police and fire vehicles. Tax act 2012 returning user Unmarked vehicles used by law enforcement officers if the use is officially authorized. Tax act 2012 returning user Ambulances used as such and hearses used as such. Tax act 2012 returning user Any vehicle with a loaded gross vehicle weight of over 14,000 pounds that is designed to carry cargo. Tax act 2012 returning user Bucket trucks (cherry pickers), cement mixers, dump trucks (including garbage trucks), flatbed trucks, and refrigerated trucks. Tax act 2012 returning user Combines, cranes and derricks, and forklifts. Tax act 2012 returning user Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat. Tax act 2012 returning user Qualified moving vans. Tax act 2012 returning user Qualified specialized utility repair trucks. Tax act 2012 returning user School buses used in transporting students and employees of schools. Tax act 2012 returning user Other buses with a capacity of at least 20 passengers that are used as passenger buses. Tax act 2012 returning user Tractors and other special purpose farm vehicles. Tax act 2012 returning user Clearly marked police and fire vehicle. Tax act 2012 returning user   A clearly marked police or fire vehicle is a vehicle that meets all the following requirements. Tax act 2012 returning user It is owned or leased by a governmental unit or an agency or instrumentality of a governmental unit. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user It is clearly marked with painted insignia or words that make it readily apparent that it is a police or fire vehicle. Tax act 2012 returning user A marking on a license plate is not a clear marking for these purposes. Tax act 2012 returning user Qualified moving van. Tax act 2012 returning user   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. Tax act 2012 returning user 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. Tax act 2012 returning user Personal use for travel to and from a move site happens no more than five times a month on average. Tax act 2012 returning user 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. Tax act 2012 returning user Qualified specialized utility repair truck. Tax act 2012 returning user   A truck is a qualified specialized utility repair truck if it is not a van or pickup truck and all the following apply. Tax act 2012 returning user The truck was specifically designed for and is used to carry heavy tools, testing equipment, or parts. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user It consists of a central processing unit with extensive storage, logic, arithmetic, and control capabilities. Tax act 2012 returning user Related peripheral equipment is any auxiliary machine which is designed to be controlled by the central processing unit of a computer. Tax act 2012 returning user The following are neither computers nor related peripheral equipment. Tax act 2012 returning user Any equipment that is an integral part of other property that is not a computer. Tax act 2012 returning user Typewriters, calculators, adding and accounting machines, copiers, duplicating equipment, and similar equipment. Tax act 2012 returning user Equipment of a kind used primarily for the user's amusement or entertainment, such as video games. Tax act 2012 returning user 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. Tax act 2012 returning user The use of your property in performing services as an employee is a business use only if both the following requirements are met. Tax act 2012 returning user The use is for your employer's convenience. Tax act 2012 returning user The use is required as a condition of your employment. Tax act 2012 returning user 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. Tax act 2012 returning user Employer's convenience. Tax act 2012 returning user   Whether the use of listed property is for your employer's convenience must be determined from all the facts. Tax act 2012 returning user The use is for your employer's convenience if it is for a substantial business reason of the employer. Tax act 2012 returning user The use of listed property during your regular working hours to carry on your employer's business generally is for the employer's convenience. Tax act 2012 returning user Condition of employment. Tax act 2012 returning user   Whether the use of listed property is a condition of your employment depends on all the facts and circumstances. Tax act 2012 returning user The use of property must be required for you to perform your duties properly. Tax act 2012 returning user Your employer does not have to require explicitly that you use the property. Tax act 2012 returning user However, a mere statement by the employer that the use of the property is a condition of your employment is not sufficient. Tax act 2012 returning user Example 1. Tax act 2012 returning user Virginia Sycamore is employed as a courier with We Deliver, which provides local courier services. Tax act 2012 returning user She owns and uses a motorcycle to deliver packages to downtown offices. Tax act 2012 returning user We Deliver explicitly requires all delivery persons to own a car or motorcycle for use in their employment. Tax act 2012 returning user Virginia's use of the motorcycle is for the convenience of We Deliver and is required as a condition of employment. Tax act 2012 returning user Example 2. Tax act 2012 returning user Bill Nelson is an inspector for Uplift, a construction company with many sites in the local area. Tax act 2012 returning user He must travel to these sites on a regular basis. Tax act 2012 returning user Uplift does not furnish an automobile or explicitly require him to use his own automobile. Tax act 2012 returning user However, it pays him for any costs he incurs in traveling to the various sites. Tax act 2012 returning user The use of his own automobile or a rental automobile is for the convenience of Uplift and is required as a condition of employment. Tax act 2012 returning user Example 3. Tax act 2012 returning user 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. Tax act 2012 returning user The use of his own car is neither for the convenience of Uplift nor required as a condition of employment. Tax act 2012 returning user Example 4. Tax act 2012 returning user Marilyn Lee is a pilot for Y Company, a small charter airline. Tax act 2012 returning user Y requires pilots to obtain 80 hours of flight time annually in addition to flight time spent with the airline. Tax act 2012 returning user Pilots usually can obtain these hours by flying with the Air Force Reserve or by flying part-time with another airline. Tax act 2012 returning user Marilyn owns her own airplane. Tax act 2012 returning user 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. Tax act 2012 returning user Example 5. Tax act 2012 returning user David Rule is employed as an engineer with Zip, an engineering contracting firm. Tax act 2012 returning user He occasionally takes work home at night rather than work late in the office. Tax act 2012 returning user He owns and uses a home computer which is virtually identical to the office model. Tax act 2012 returning user His use of the computer is neither for the convenience of his employer nor required as a condition of employment. Tax act 2012 returning user What Is the Business-Use Requirement? 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. Tax act 2012 returning user To meet this requirement, listed property must be used predominantly (more than 50% of its total use) for qualified business use. Tax act 2012 returning user If this requirement is not met, the following rules apply. Tax act 2012 returning user Property not used predominantly for qualified business use during the year it is placed in service does not qualify for the section 179 deduction. Tax act 2012 returning user Property not used predominantly for qualified business use during the year it is placed in service does not qualify for a special depreciation allowance. Tax act 2012 returning user 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. Tax act 2012 returning user This rule applies each year of the recovery period. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user Exception for leased property. Tax act 2012 returning user   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. Tax act 2012 returning user   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. Tax act 2012 returning user 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. Tax act 2012 returning user Occasional or incidental leasing activity is insufficient. Tax act 2012 returning user For example, if you lease only one passenger automobile during a tax year, you are not regularly engaged in the business of leasing automobiles. Tax act 2012 returning user 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. Tax act 2012 returning user How To Allocate Use 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. Tax act 2012 returning user For passenger automobiles and other means of transportation, allocate the property's use on the basis of mileage. Tax act 2012 returning user 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. Tax act 2012 returning user 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). Tax act 2012 returning user 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. Tax act 2012 returning user Entertainment use. Tax act 2012 returning user   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. Tax act 2012 returning user Commuting use. Tax act 2012 returning user   The use of an automobile for commuting is not business use, regardless of whether work is performed during the trip. Tax act 2012 returning user 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. Tax act 2012 returning user This is also true for a business meeting held in a car while commuting to work. Tax act 2012 returning user Similarly, a business call made on an otherwise personal trip does not change the character of a trip from personal to business. Tax act 2012 returning user 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. Tax act 2012 returning user Use of your automobile by another person. Tax act 2012 returning user   If someone else uses your automobile, do not treat that use as business use unless one of the following conditions applies. Tax act 2012 returning user That use is directly connected with your business. Tax act 2012 returning user You properly report the value of the use as income to the other person and withhold tax on the income where required. Tax act 2012 returning user You are paid a fair market rent. Tax act 2012 returning user Treat any payment to you for the use of the automobile as a rent payment for purposes of item (3). Tax act 2012 returning user Employee deductions. Tax act 2012 returning user   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. Tax act 2012 returning user See Can Employees Claim a Deduction , earlier. Tax act 2012 returning user Qualified Business Use Qualified business use of listed property is any use of the property in your trade or business. Tax act 2012 returning user However, it does not include the following uses. Tax act 2012 returning user 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). Tax act 2012 returning user The use of property as pay for the services of a 5% owner or related person. Tax act 2012 returning user 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. Tax act 2012 returning user Property does not stop being used predominantly for qualified business use because of a transfer at death. Tax act 2012 returning user Exception for leasing or compensatory use of aircraft. Tax act 2012 returning user   Treat the leasing of any aircraft by a 5% owner or related person, or the compensatory use of any aircraft, 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. Tax act 2012 returning user 5% owner. Tax act 2012 returning user   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. Tax act 2012 returning user   For a corporation, a 5% owner is any person who owns, or is considered to own, either of the following. Tax act 2012 returning user More than 5% of the outstanding stock of the corporation. Tax act 2012 returning user Stock possessing more than 5% of the total combined voting power of all stock in the corporation. Tax act 2012 returning user Related persons. Tax act 2012 returning user   For a description of related persons, see Related persons in the discussion on property owned or used in 1986 under What Method Can You Use To Depreciate Your Property in chapter 1 . Tax act 2012 returning user 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. Tax act 2012 returning user Examples. Tax act 2012 returning user   The following examples illustrate whether the use of business property is qualified business use. Tax act 2012 returning user Example 1. Tax act 2012 returning user John Maple is the sole proprietor of a plumbing contracting business. Tax act 2012 returning user John employs his brother, Richard, in the business. Tax act 2012 returning user As part of Richard's pay, he is allowed to use one of the company automobiles for personal use. Tax act 2012 returning user The company includes the value of the personal use of the automobile in Richard's gross income and properly withholds tax on it. Tax act 2012 returning user The use of the automobile is pay for the performance of services by a related person, so it is not a qualified business use. Tax act 2012 returning user Example 2. Tax act 2012 returning user John, in Example 1, allows unrelated employees to use company automobiles for personal purposes. Tax act 2012 returning user 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. Tax act 2012 returning user This use of company automobiles by employees is not a qualified business use. Tax act 2012 returning user Example 3. Tax act 2012 returning user James Company Inc. Tax act 2012 returning user owns several automobiles that its employees use for business purposes. Tax act 2012 returning user The employees also are allowed to take the automobiles home at night. Tax act 2012 returning user 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. Tax act 2012 returning user This use of company automobiles by employees, even for personal purposes, is a qualified business use for the company. Tax act 2012 returning user Investment Use The use of property to produce income in a nonbusiness activity (investment use) is not a qualified business use. Tax act 2012 returning user However, you can treat the investment use as business use to figure the depreciation deduction for the property in a given year. Tax act 2012 returning user Example 1. Tax act 2012 returning user Sarah Bradley uses a home computer 50% of the time to manage her investments. Tax act 2012 returning user She also uses the computer 40% of the time in her part-time consumer research business. Tax act 2012 returning user Sarah's home computer is listed property because it is not used at a regular business establishment. Tax act 2012 returning user She does not use the computer predominantly for qualified business use. Tax act 2012 returning user Therefore, she cannot elect a section 179 deduction or claim a special depreciation allowance for the computer. Tax act 2012 returning user She must depreciate it using the straight line method over the ADS recovery period. Tax act 2012 returning user Her combined business/investment use for determining her depreciation deduction is 90%. Tax act 2012 returning user Example 2. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user Her combined business/investment use for determining her depreciation deduction is 90%. Tax act 2012 returning user 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. Tax act 2012 returning user You also increase the adjusted basis of your property by the same amount. Tax act 2012 returning user 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. Tax act 2012 returning user To determine the amount in (2) above, you must refigure the depreciation using the straight line method and the ADS recovery period. Tax act 2012 returning user Example. Tax act 2012 returning user In June 2009, Ellen Rye purchased and placed in service a pickup truck that cost $18,000. Tax act 2012 returning user She used it only for qualified business use for 2009 through 2012. Tax act 2012 returning user Ellen claimed a section 179 deduction of $10,000 based on the purchase of the truck. Tax act 2012 returning user She began depreciating it using the 200% DB method over a 5-year GDS recovery period. Tax act 2012 returning user 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. Tax act 2012 returning user During 2013, she used the truck 50% for business and 50% for personal purposes. Tax act 2012 returning user She includes $4,018 excess depreciation in her gross income for 2013. Tax act 2012 returning user The excess depreciation is determined as follows. Tax act 2012 returning user Total section 179 deduction ($10,000) and depreciation claimed ($6,618) for 2009 through 2012. Tax act 2012 returning user (Depreciation is from Table A-1. Tax act 2012 returning user ) $16,618 Minus: Depreciation allowable (Table A-8):     2009 – 10% of $18,000 $1,800   2010 – 20% of $18,000 3,600   2011 – 20% of $18,000 3,600   2012 – 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 2015, there will be no excess depreciation. Tax act 2012 returning user The total depreciation allowable using Table A-8 through 2015 will be $18,000, which equals the total of the section 179 deduction and depreciation she will have claimed. Tax act 2012 returning user Where to figure and report recapture. Tax act 2012 returning user   Use Form 4797, Part IV, to figure the recapture amount. Tax act 2012 returning user Report the recapture amount as other income on the same form or schedule on which you took the depreciation deduction. Tax act 2012 returning user For example, report the recapture amount as other income on Schedule C (Form 1040) if you took the depreciation deduction on Schedule C. Tax act 2012 returning user If you took the depreciation deduction on Form 2106, report the recapture amount as other income on Form 1040, line 21. Tax act 2012 returning user 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. Tax act 2012 returning user Your qualified business-use percentage is the part of the property's total use that is qualified business use (defined earlier). Tax act 2012 returning user For the inclusion amount rules for a leased passenger automobile, see Leasing a Car in chapter 4 of Publication 463. Tax act 2012 returning user The inclusion amount is the sum of Amount A and Amount B, described next. Tax act 2012 returning user 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. Tax act 2012 returning user Amount A. Tax act 2012 returning user   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 . Tax act 2012 returning user   The fair market value of the property is the value on the first day of the lease term. Tax act 2012 returning user 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. Tax act 2012 returning user Amount B. Tax act 2012 returning user   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 . Tax act 2012 returning user Maximum inclusion amount. Tax act 2012 returning user   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. Tax act 2012 returning user Inclusion amount worksheet. Tax act 2012 returning user   The following worksheet is provided to help you figure the inclusion amount for leased listed property. Tax act 2012 returning user Inclusion Amount Worksheet for Leased Listed Property 1. Tax act 2012 returning user Fair market value   2. Tax act 2012 returning user Business/investment use for first year business use is 50% or less   3. Tax act 2012 returning user Multiply line 1 by line 2. Tax act 2012 returning user   4. Tax act 2012 returning user Rate (%) from Table A-19   5. Tax act 2012 returning user Multiply line 3 by line 4. Tax act 2012 returning user This is Amount A. Tax act 2012 returning user   6. Tax act 2012 returning user Fair market value   7. Tax act 2012 returning user Average business/investment use for years property leased before the first year business use is 50% or less . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user . Tax act 2012 returning user   8. Tax act 2012 returning user Multiply line 6 by line 7   9. Tax act 2012 returning user Rate (%) from Table A-20   10. Tax act 2012 returning user Multiply line 8 by line 9. Tax act 2012 returning user This is Amount B. Tax act 2012 returning user   11. Tax act 2012 returning user Add line 5 and line 10. Tax act 2012 returning user This is your inclusion amount. Tax act 2012 returning user 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. Tax act 2012 returning user )         Example. Tax act 2012 returning user On February 1, 2011, Larry House, a calendar year taxpayer, leased and placed in service a computer with a fair market value of $3,000. Tax act 2012 returning user The lease is for a period of 5 years. Tax act 2012 returning user Larry does not use the computer at a regular business establishment, so it is listed property. Tax act 2012 returning user His business use of the property (all of which is qualified business use) is 80% in 2011, 60% in 2012, and 40% in 2013. Tax act 2012 returning user He must add an inclusion amount to gross income for 2013, the first tax year his qualified business-use percentage is 50% or less. Tax act 2012 returning user The computer has a 5-year recovery period under both GDS and ADS. Tax act 2012 returning user 2013 is the third tax year of the lease, so the applicable percentage from Table A-19 is −19. Tax act 2012 returning user 8%. Tax act 2012 returning user The applicable percentage from Table A-20 is 22. Tax act 2012 returning user 0%. Tax act 2012 returning user Larry's deductible rent for the computer for 2013 is $800. Tax act 2012 returning user Larry uses the Inclusion amount worksheet. Tax act 2012 returning user to figure the amount he must include in income for 2013. Tax act 2012 returning user His inclusion amount is $224, which is the sum of −$238 (Amount A) and $462 (Amount B). Tax act 2012 returning user Inclusion Amount Worksheet for Leased Listed Property 1. Tax act 2012 returning user Fair market value $3,000   2. Tax act 2012 returning user Business/investment use for first year business use is 50% or less 40 % 3. Tax act 2012 returning user Multiply line 1 by line 2. Tax act 2012 returning user 1,200   4. Tax act 2012 returning user Rate (%) from Table A-19 −19. Tax act 2012 returning user 8 % 5. Tax act 2012 returning user Multiply line 3 by line 4. Tax act 2012 returning user This is Amount A. Tax act 2012 returning user −238   6. Tax act 2012 returning user Fair market value 3,000   7. Tax act 2012 returning user Average business/investment use for years property leased before the first year business use is 50% or less 70 % 8. Tax act 2012 returning user Multiply line 6 by line 7 2,100   9. Tax act 2012 returning user Rate (%) from Table A-20 22. Tax act 2012 returning user 0 % 10. Tax act 2012 returning user Multiply line 8 by line 9. Tax act 2012 returning user This is Amount B. Tax act 2012 returning user 462   11. Tax act 2012 returning user Add line 5 and line 10. Tax act 2012 returning user This is your inclusion amount. Tax act 2012 returning user 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. Tax act 2012 returning user ) $224           Lease beginning in the last 9 months of your tax year. Tax act 2012 returning user    The inclusion amount is subject to a special rule if all the following apply. Tax act 2012 returning user The lease term begins within 9 months before the close of your tax year. Tax act 2012 returning user You do not use the property predominantly (more than 50%) for qualified business use during that part of the tax year. Tax act 2012 returning user The lease term continues into your next tax year. Tax act 2012 returning user Under this special rule, add the inclusion amount to income in the next tax year. Tax act 2012 returning user 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. Tax act 2012 returning user Skip lines 6 through 9 of the worksheet and enter zero on line 10. Tax act 2012 returning user Example 1. Tax act 2012 returning user On August 1, 2012, Julie Rule, a calendar year taxpayer, leased and placed in service an item of listed property. Tax act 2012 returning user The property is 5-year property with a fair market value of $10,000. Tax act 2012 returning user Her property has a recovery period of 5 years under ADS. Tax act 2012 returning user The lease is for 5 years. Tax act 2012 returning user Her business use of the property was 50% in 2012 and 90% in 2013. Tax act 2012 returning user She paid rent of $3,600 for 2012, of which $3,240 is deductible. Tax act 2012 returning user She must include $147 in income in 2013. Tax act 2012 returning user The $147 is the sum of Amount A and Amount B. Tax act 2012 returning user Amount A is $147 ($10,000 × 70% × 2. Tax act 2012 returning user 1%), the product of the fair market value, the average business use for 2012 and 2013, and the applicable percentage for year one from Table A-19 . Tax act 2012 returning user Amount B is zero. Tax act 2012 returning user Lease for less than one year. Tax act 2012 returning user   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. Tax act 2012 returning user The amount included in income is the inclusion amount (figured as described in the preceding discussions) multiplied by a fraction. Tax act 2012 returning user The numerator of the fraction is the number of days in the lease term and the denominator is 365 (or 366 for leap years). Tax act 2012 returning user   The lease term for listed property other than residential rental or nonresidential real property includes options to renew. Tax act 2012 returning user 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. Tax act 2012 returning user Example 2. Tax act 2012 returning user On October 1, 2012, John Joyce, a calendar year taxpayer, leased and placed in service an item of listed property that is 3-year property. Tax act 2012 returning user This property had a fair market value of $15,000 and a recovery period of 5 years under ADS. Tax act 2012 returning user The lease term was 6 months (ending on March 31, 2013), during which he used the property 45% in business. Tax act 2012 returning user He must include $71 in income in 2013. Tax act 2012 returning user The $71 is the sum of Amount A and Amount B. Tax act 2012 returning user Amount A is $71 ($15,000 × 45% × 2. Tax act 2012 returning user 1% × 183/365), 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. Tax act 2012 returning user Amount B is zero. Tax act 2012 returning user Where to report inclusion amount. Tax act 2012 returning user   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. Tax act 2012 returning user For example, report the inclusion amount as other income on Schedule C (Form 1040) if you took the deduction on Schedule C. Tax act 2012 returning user If you took the deduction for rental costs on Form 2106, report the inclusion amount as other income on Form 1040, line 21. Tax act 2012 returning user Do the Passenger Automobile Limits Apply? The depreciation deduction, including the section 179 deduction and special depreciation allowance, you can claim for a passenger automobile (defined earlier) each year is limited. Tax act 2012 returning user This section describes the maximum depreciation deduction amounts for 2013 and explains how to deduct, after the recovery period, the unrecovered basis of your property that results from applying the passenger automobile limit. Tax act 2012 returning user Exception for leased cars. Tax act 2012 returning user   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. Tax act 2012 returning user 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 . Tax act 2012 returning user Maximum Depreciation Deduction The passenger automobile limits are the maximum depreciation amounts you can deduct for a passenger automobile. Tax act 2012 returning user They are based on the date you placed the automobile in service. Tax act 2012 returning user Passenger Automobiles The maximum deduction amounts for most passenger automobiles are shown in the following table. Tax act 2012 returning user Maximum Depreciation Deduction for Passenger Automobiles Date       4th & Placed 1st 2nd 3rd Later In Service Year Year Year Years 2013 $11,1601 $5,100 $3,050 $1,875 2012 11,1601 5,100 3,050 1,875 2011 11,0602 4,900 2,950 1,775 2010 11,0602  4,900 2,950 1,775 2009 10,9603 4,800 2,850 1,775 2008 10,9603  4,800 2,850 1,775 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 10,6104 4,800 2,850 1,675 5/06/2003– 12/31/2003 10,7105 4,900 2,950 1,775 1/01/2003– 5/05/2003 7,6606 4,900 2,950 1,775 1If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,160. Tax act 2012 returning user 2If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,060. Tax act 2012 returning user 3If you elected not to claim any special depreciation allowance for the vehicle or the vehicle is not qualified property, the maximum deduction is $2,960. Tax act 2012 returning user 4If 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. Tax act 2012 returning user 5If you acquired the vehicle before 5/06/03, the maximum deduction is $7,660. Tax act 2012 returning user 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. Tax act 2012 returning user 6If 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. Tax act 2012 returning user 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. Tax act 2012 returning user If you have a short tax year, you must reduce the maximum deduction amount by multiplying the maximum amount by a fraction. Tax act 2012 returning user The numerator of the fraction is the number of months and partial months in the short tax year and the denominator is 12. Tax act 2012 returning user Example. Tax act 2012 returning user On April 15, 2013, Virginia Hart bought and placed in service a new car for $14,500. Tax act 2012 returning user She used the car only in her business. Tax act 2012 returning user She files her tax return based on the calendar year. Tax act 2012 returning user She does not elect a section 179 deduction and elected not to claim any special depreciation allowance for the car. Tax act 2012 returning user Under MACRS, a car is 5-year property. Tax act 2012 returning user 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. Tax act 2012 returning user Virginia multiplies the $14,500 unadjusted basis of her car by 0. Tax act 2012 returning user 20 to get her MACRS depreciation of $2,900 for 2013. Tax act 2012 returning user This $2,900 is below the maximum depreciation deduction of $3,160 for passenger automobiles placed in service in 2013. Tax act 2012 returning user She can deduct the full $2,900. Tax act 2012 returning user Electric Vehicles The maximum depreciation deductions for passenger automobiles that are produced to run primarily on electricity are higher than those for other automobiles. Tax act 2012 returning user 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. Tax act 2012 returning user Owners of electric vehicles placed in service after December 31, 2006, should use the table of maximum deduction amounts later for electric vehicles classified as passenger automobiles or use the table of maximum deduction amounts for trucks and vans later, for electric vehicles classified as trucks and vans. Tax act 2012 returning user 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 31,8301 14,300 8,550 5,125 5/06/2003– 12/31/2003 32,0302 14,600 8,750 5,225 1/01/2003– 5/05/2003 22,8803 14,600 8,750 5,225 1If you elected not to claim any special depreciation allowance for the vehicle or the vehicle is not qualified property, or the vehicle is qualified Liberty Zone property, the maximum deduction is $8,880. Tax act 2012 returning user 2If you acquired the vehicle before 5/06/03, the maximum deduction is $22,880. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user Trucks and Vans The maximum depreciation deductions for trucks and vans placed in service after 2002 are higher than those for other passenger automobiles. Tax act 2012 returning user The maximum deduction amounts for trucks and vans are shown in the following table. Tax act 2012 returning user Maximum Depreciation Deduction For Trucks and Vans Date       4th & Placed 1st 2nd 3rd Later In Service Year Year Year Years 2013 $11,3601 $5,400 $3,250 $1,975 2012 11,3601 5,300 3,150 1,875 2011 11,2602 5,200 3,150 1,875 2010 11,1603 5,100 3,050 1,875 2009 11,0604 4,900 2,950 1,775 2008 11,1605 5,100 3,050 1,875 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 10,9106 5,300 3,150 1,875 5/06/2003– 12/31/2003 11,0107 5,400 3,250 1,975 1/01/2003– 5/05/2003 7,9608 5,400 3,250 1,975 1 If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,360. Tax act 2012 returning user 2 If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,260. Tax act 2012 returning user 3 If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,160. Tax act 2012 returning user 4 If you elect not to claim any special depreciation allowance for the vehicle or the vehicle is not qualified property, the maximum deduction is $3,060. Tax act 2012 returning user 5If you elected not to claim any special depreciation allowance for the vehicle or the vehicle is not qualified property, the maximum deduction is $3,160. Tax act 2012 returning user 6If 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, or the maximum deduction is $3,260. Tax act 2012 returning user 7 If you acquired the vehicle before 5/06/03, the maximum deduction is $7,960. Tax act 2012 returning user 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. Tax act 2012 returning user 8 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. Tax act 2012 returning user Depreciation Worksheet for Passenger Automobiles You can use the following worksheet to figure your depreciation deduction using the percentage tables. Tax act 2012 returning user Then use the information from this worksheet to prepare Form 4562. Tax act 2012 returning user Depreciation Worksheet for Passenger Automobiles   Part I   1. Tax act 2012 returning user MACRS system (GDS or ADS)     2. Tax act 2012 returning user Property class     3. Tax act 2012 returning user Date placed in service     4. Tax act 2012 returning user Recovery period     5. Tax act 2012 returning user Method and convention     6. Tax act 2012 returning user Depreciation rate (from tables)     7. Tax act 2012 returning user Maximum depreciation deduction for this year from the appropriate table       8. Tax act 2012 returning user Business/investment-use percentage       9. Tax act 2012 returning user Multiply line 7 by line 8. Tax act 2012 returning user This is your adjusted maximum depreciation deduction       10. Tax act 2012 returning user Section 179 deduction claimed this year (not more than line 9). Tax act 2012 returning user Enter -0- if this is not the year you placed the car in service. Tax act 2012 returning user         Note. Tax act 2012 returning user  1) If line 10 is equal to line 9, stop here. Tax act 2012 returning user Your combined section 179 and depreciation deduction (including your special depreciation allowance) is limited to the amount on line 9. Tax act 2012 returning user  2) If line 10 is less than line 9, complete Part II. Tax act 2012 returning user   Part II   11. Tax act 2012 returning user Subtract line 10 from line 9. Tax act 2012 returning user This is the limit on the amount you can deduct for depreciation (including any special depreciation allowance )       12. Tax act 2012 returning user Cost or other basis (reduced by any alternative motor vehicle credit 1or credit for electric vehicles 2)       13. Tax act 2012 returning user Multiply line 12 by line 8. Tax act 2012 returning user This is your business/investment cost       14. Tax act 2012 returning user Section 179 deduction claimed in the year you placed the car in service       15. Tax act 2012 returning user Subtract line 14 from line 13. Tax act 2012 returning user This is your tentative basis for depreciation       16. Tax act 2012 returning user Multiply line 15 by . Tax act 2012 returning user 50 if the 50% special depreciation allowance applies. Tax act 2012 returning user This is your special depreciation allowance. Tax act 2012 returning user Enter -0- if this is not the year you placed the car in service, the car is not qualified property, or you elected not to claim a special depreciation allowance       Note 1) If line 16 is equal to line 11, stop here. Tax act 2012 returning user Your depreciation deduction (including your special depreciation allowance) is limited to the amount on line 11. Tax act 2012 returning user  2) If line 16 is less than line 11, complete Part III. Tax act 2012 returning user   Part III   17. Tax act 2012 returning user Subtract line 16 from 11. Tax act 2012 returning user This is the limit on the amount you can deduct for MACRS depreciation       18. Tax act 2012 returning user Subtract line 16 from line 15. Tax act 2012 returning user This is your basis for depreciation. Tax act 2012 returning user       19. Tax act 2012 returning user Multiply line 18 by line 6. Tax act 2012 returning user This is your tentative MACRS depreciation deduction. Tax act 2012 returning user       20. Tax act 2012 returning user Enter the lesser of line 17 or line 19. Tax act 2012 returning user This is your MACRS depreciation deduction. Tax act 2012 returning user     1 When figuring the amount to enter on line 12, do not reduce your cost or other basis by any section 179 deduction you claimed for your car. Tax act 2012 returning user 2 Reduce the basis by the lesser of $4,000 or 10% of the cost of the vehicle even if the credit is less than that amount. Tax act 2012 returning user             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. Tax act 2012 returning user If you continue to use the automobile for business, you can deduct that unrecovered basis after the recovery period ends. Tax act 2012 returning user You can claim a depreciation deduction in each succeeding tax year until you recover your full basis in the car. Tax act 2012 returning user 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. Tax act 2012 returning user See Maximum Depreciation Deduction , earlier. Tax act 2012 returning user 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. Tax act 2012 returning user You cannot claim a depreciation deduction for listed property other than passenger automobiles after the recovery period ends. Tax act 2012 returning user 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. Tax act 2012 returning user Example. Tax act 2012 returning user In May 2007, you bought and placed in service a car costing $31,500. Tax act 2012 returning user The car was 5-year property under GDS (MACRS). Tax act 2012 returning user You did not elect a section 179 deduction and elected not to claim any special depreciation allowance for the car. Tax act 2012 returning user You used the car exclusively for business during the recovery period (2007 through 2012). Tax act 2012 returning user You figured your depreciation as shown below. Tax act 2012 returning user Year Percentage Amount Limit   Allowed 2007 20. Tax act 2012 returning user 0% $6,300 $2,960   $2,960 2008 32. Tax act 2012 returning user 0 10,080 4,800   4,800 2009 19. Tax act 2012 returning user 2 6,048 2,850   2,850 2010 11. Tax act 2012 returning user 52 3,629 1,675   1,675 2011 11. Tax act 2012 returning user 52 3,629 1,675   1,675 2012 5. Tax act 2012 returning user 76 1,814 1,675   1,675 Total   $15,635 At the end of 2012, you had an unrecovered basis of $15,865 ($31,500 − $15,635). Tax act 2012 returning user If in 2013 and later years you continue to use the car 100% for business, you can deduct each year the lesser of $1,675 or your remaining unrecovered basis. Tax act 2012 returning user 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. Tax act 2012 returning user 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%. Tax act 2012 returning user For example, if you had used your car 60% for business instead of 100%, your allowable depreciation deductions would have been $9,519 ($15,865 × 60%), but you still would have to reduce your basis by $15,865 to determine your unrecovered basis. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user This excess basis is the additional cash paid for the new automobile in the trade-in. Tax act 2012 returning user The depreciation figured for the two components of the basis (carryover basis and excess basis) is subject to a single passenger automobile limit. Tax act 2012 returning user Special rules apply in determining the passenger automobile limits. Tax act 2012 returning user These rules and examples are discussed in section 1. Tax act 2012 returning user 168(i)-6(d)(3) of the regulations. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user 168(i)-6(i) and 1. Tax act 2012 returning user 168(i)-6(j) of the regulations. Tax act 2012 returning user What Records Must Be Kept? 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. Tax act 2012 returning user For listed property, you must keep records for as long as any recapture can still occur. Tax act 2012 returning user Recapture can occur in any tax year of the recovery period. Tax act 2012 returning user Adequate Records 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. Tax act 2012 returning user You do not have to record information in an account book, diary, or similar record if the information is already shown on the receipt. Tax act 2012 returning user However, your records should back up your receipts in an orderly manner. Tax act 2012 returning user Elements of expenditure or use. Tax act 2012 returning user   Your records or other documentary evidence must support all the following. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user The date of the expenditure or use. Tax act 2012 returning user The business or investment purpose for the expenditure or use. Tax act 2012 returning user   Written documents of your expenditure or use are generally better evidence than oral statements alone. Tax act 2012 returning user You do not have to keep a daily log. Tax act 2012 returning user 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. Tax act 2012 returning user Timeliness. Tax act 2012 returning user   You must record the elements of an expenditure or use at the time you have full knowledge of the elements. Tax act 2012 returning user 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. Tax act 2012 returning user   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. Tax act 2012 returning user Business purpose supported. Tax act 2012 returning user   Generally, an adequate record of business purpose must be in the form of a written statement. Tax act 2012 returning user However, the amount of detail necessary to establish a business purpose depends on the facts and circumstances of each case. Tax act 2012 returning user A written explanation of the business purpose will not be required if the purpose can be determined from the surrounding facts and circumstances. Tax act 2012 returning user 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. Tax act 2012 returning user Business use supported. Tax act 2012 returning user   An adequate record contains enough information on each element of every business or investment use. Tax act 2012 returning user The amount of detail required to support the use depends on the facts and circumstances. Tax act 2012 returning user 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. Tax act 2012 returning user   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. Tax act 2012 returning user Separate or combined expenditures or uses. Tax act 2012 returning user   Each use by you normally is considered a separate use. Tax act 2012 returning user However, you can combine repeated uses as a single item. Tax act 2012 returning user   Record each expenditure as a separate item. Tax act 2012 returning user Do not combine it with other expenditures. Tax act 2012 returning user 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. Tax act 2012 returning user If you combine these expenses, you do not need to support the business purpose of each expense. Tax act 2012 returning user Instead, you can divide the expenses based on the total business use of the listed property. Tax act 2012 returning user   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. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user Minimal personal use (such as a stop for lunch between two business stops) is not an interruption of business use. Tax act 2012 returning user Confidential information. Tax act 2012 returning user   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. Tax act 2012 returning user You must keep it elsewhere and make it available as support to the IRS director for your area on request. Tax act 2012 returning user Substantial compliance. Tax act 2012 returning user   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. Tax act 2012 returning user   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. Tax act 2012 returning user By your own oral or written statement containing detailed information as to the element. Tax act 2012 returning user By other evidence sufficient to establish the element. Tax act 2012 returning user   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. Tax act 2012 returning user If the element is the business purpose of an expenditure, its supporting evidence can be circumstantial evidence. Tax act 2012 returning user Sampling. Tax act 2012 returning user   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. Tax act 2012 returning user Example 1. Tax act 2012 returning user Denise Williams, a sole proprietor and calendar year taxpayer, operates an interior decorating business out of her home. Tax act 2012 returning user 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. Tax act 2012 returning user There is no other business use of the automobile, but she and family members also use it for personal purposes. Tax act 2012 returning user She maintains adequate records for the first 3 months of the year showing that 75% of the automobile use was for business. Tax act 2012 returning user Subcontractor invoices and paid bills show that her business continued at approximately the same rate for the rest of the year. Tax act 2012 returning user 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. Tax act 2012 returning user Example 2. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user The determination that her business/investment use of the automobile for the tax year is 75% rests on sufficient supporting evidence. Tax act 2012 returning user Example 3. Tax act 2012 returning user Bill Baker, a sole proprietor and calendar year taxpayer, is a salesman in a large metropolitan area for a company that manufactures household products. Tax act 2012 returning user For the first 3 weeks of each month, he occasionally uses his own automobile for business travel within the metropolitan area. Tax act 2012 returning user During these weeks, his business use of the automobile does not follow a consistent pattern. Tax act 2012 returning user During the fourth week of each month, he delivers all business orders taken during the previous month. Tax act 2012 returning user The business use of his automobile, as supported by adequate records, is 70% of its total use during that fourth week. Tax act 2012 returning user 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. Tax act 2012 returning user Loss of records. Tax act 2012 returning user   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. Tax act 2012 returning user 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. Tax act 2012 returning user Any deduction for a vehicle. Tax act 2012 returning user A depreciation deduction for any other listed property. Tax act 2012 returning user If you claim any deduction for a vehicle, you also must provide the information requested in Section B. Tax act 2012 returning user If you provide the vehicle for your employee's use, the employee must give you this information. Tax act 2012 returning user 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. Tax act 2012 returning user Vehicles used by your employees. Tax act 2012 returning user   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. Tax act 2012 returning user You maintain a written policy statement that prohibits one of the following uses of the vehicles. Tax act 2012 returning user All personal use including commuting. Tax act 2012 returning user Personal use, other than commuting, by employees who are not officers, directors, or 1%-or-more owners. Tax act 2012 returning user You treat all use of the vehicles by your employees as personal use. Tax act 2012 returning user 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. Tax act 2012 returning user 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. Tax act 2012 returning user Exceptions. Tax act 2012 returning user   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. Tax act 2012 returning user 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. Tax act 2012 returning user Prev  Up  Next   Home   More Online Publications
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Understanding your CP39 Notice

We used a refund from your spouse or former spouse to pay your past due tax debt. You may still owe money.


What you need to do

  • Read your notice carefully — it'll explain how we used the refund and how much you still owe.
  • Contact us if you disagree.

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Tips for next year

Consider filing your taxes electronically. Filing online can help you avoid mistakes and find credits and deductions that you may qualify for. In many cases you can file for free. Learn more about e-file.

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Tax publications you may find useful

How to get help

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Or you may qualify for help from a Low Income Taxpayer Clinic.
 

Page Last Reviewed or Updated: 03-Mar-2014

The Tax Act 2012 Returning User

Tax act 2012 returning user Index A Adjusted basis defined, Adjusted basis defined. Tax act 2012 returning user Administrative or management activities, Administrative or management activities. Tax act 2012 returning user Assistance (see Tax help) Attorneys, Place To Meet Patients, Clients, or Customers B Business expenses not for use of home, Business expenses not for use of your home. Tax act 2012 returning user Business furniture and equipment, Business Furniture and Equipment Business percentage, Business Percentage Business use of the home requirements (see Qualifying for a deduction) C Carryover of expenses, Carryover of unallowed expenses. Tax act 2012 returning user Casualty losses, Casualty losses. Tax act 2012 returning user Child and Adult Care Food Program reimbursements, Meals. Tax act 2012 returning user Computer Listed property, Listed Property D Daycare facilities, Daycare Facility, Standard meal and snack rates. Tax act 2012 returning user (see also Family daycare providers) Eligible children for standard meal and snack rates, Standard meal and snack rates. Tax act 2012 returning user Exceptions for regular use requirement, Daycare Facility Family daycare, Standard meal and snack rates. Tax act 2012 returning user Family daycare provider, Standard meal and snack rates. Tax act 2012 returning user Meals, Meals. Tax act 2012 returning user , Standard meal and snack rates. Tax act 2012 returning user Regular use, Daycare Facility Standard meal and snack rates, Meals. Tax act 2012 returning user , Standard meal and snack rates. Tax act 2012 returning user Deduction limit, Deduction Limit Deduction requirements Employee use, Additional tests for employee use. Tax act 2012 returning user Exceptions to exclusive use, Exceptions to Exclusive Use Exclusive use, Exclusive Use More than one trade or business, More Than One Trade or Business Place to meet clients, Place To Meet Patients, Clients, or Customers Principal place of business, Principal Place of Business Regular use, Regular Use Separate structure, Separate Structure Storage of inventory or product samples, Storage of inventory or product samples. Tax act 2012 returning user Trade or business use, Trade or Business Use Deductions Figuring, Figuring the Deduction, Part 2—Figure Your Allowable Deduction Limit, Deduction Limit Part-year use, Part-year use. Tax act 2012 returning user Qualifying for, Qualifying for a Deduction, Separate Structure Rental to employer, Rental to employer. Tax act 2012 returning user Unreimbursed partnership expenses, Deducting unreimbursed partnership expenses. Tax act 2012 returning user Using Actual Expenses, Using Actual Expenses Dentists, Place To Meet Patients, Clients, or Customers Depreciation, Property Bought for Business Use 5-year property, Depreciation 7-year property, Depreciation Adjusted basis, Adjusted basis defined. Tax act 2012 returning user Fair market value, Fair market value defined. Tax act 2012 returning user Figuring depreciation for the current year, Figuring the depreciation deduction for the current year. Tax act 2012 returning user Furniture and equipment, Business Furniture and Equipment, Depreciation Home, Depreciating Your Home Nonresidential real property, Figuring the depreciation deduction for the current year. Tax act 2012 returning user Percentage table for 39-year nonresidential real property, Depreciation table. Tax act 2012 returning user Permanent improvements, Permanent improvements. Tax act 2012 returning user , Depreciating permanent improvements. Tax act 2012 returning user Depreciation of home, Depreciating Your Home Basis adjustment, Basis Adjustment MACRS (Table 2), Depreciation table. Tax act 2012 returning user Property bought for business use, Depreciation Sale or exchange of home, Depreciation Doctors, Place To Meet Patients, Clients, or Customers E Employee use of home, Additional tests for employee use. Tax act 2012 returning user Employees Adequately accounting to employer, Adequately accounting to employer. Tax act 2012 returning user Casualty losses, Casualty losses. Tax act 2012 returning user Mortgage interest, Deductible mortgage interest. Tax act 2012 returning user Other expenses, Other expenses. Tax act 2012 returning user Real estate taxes, Real estate taxes. Tax act 2012 returning user Exclusive use, Exclusive Use Expenses Casualty losses, Casualty losses. Tax act 2012 returning user Direct, Actual Expenses Indirect, Actual Expenses Insurance, Insurance. Tax act 2012 returning user Mortgage interest, Deductible mortgage interest. Tax act 2012 returning user , Qualified mortgage insurance premiums. Tax act 2012 returning user Real estate taxes, Real estate taxes. Tax act 2012 returning user Related to tax-exempt income, Expenses related to tax-exempt income. Tax act 2012 returning user Rent, Rent. Tax act 2012 returning user Repairs, Repairs. Tax act 2012 returning user Security system, Security system. Tax act 2012 returning user Telephone, Telephone. Tax act 2012 returning user Types of, Actual Expenses Unrelated, Actual Expenses Utilities and services, Utilities and services. Tax act 2012 returning user Where to deduct, Where To Deduct F Fair market value, Fair market value defined. Tax act 2012 returning user Family daycare providers Meal and snack log (Exhibit A), Standard meal and snack rates. Tax act 2012 returning user Standard meal and snack rates, Standard meal and snack rates. Tax act 2012 returning user Standard meal and snack rates (Table 3), Standard meal and snack rates. Tax act 2012 returning user Figuring the deduction Business percentage, Business Percentage Deduction limit, Deduction Limit Form, Useful Items - You may want to see:, Self-Employed Persons, Real estate taxes. Tax act 2012 returning user 1040, Schedule F, Casualty losses. Tax act 2012 returning user 2106, Employees 4562, Reporting and recordkeeping requirements. Tax act 2012 returning user 4684, Casualty losses. Tax act 2012 returning user 8829, Actual Expenses, Casualty losses. Tax act 2012 returning user , Business Percentage, Daycare Facility W-2 Reimbursed expenses, Employees Free tax services, Free help with your tax return. Tax act 2012 returning user Furniture and equipment, Business Furniture and Equipment H Help (see Tax help) Home Business percentage, Business Percentage Depreciation, Depreciating Your Home Sale of, Sale or Exchange of Your Home Home expenses, Can you deduct business use of, Figure A, , Principal Place of Business I Improvements (see Permanent improvements) Insurance, Insurance. Tax act 2012 returning user Inventory, storage of, Storage of inventory or product samples. Tax act 2012 returning user L Listed property Computers, Listed Property Defined, Listed Property Employee requirements, Employee. Tax act 2012 returning user Reporting and recordkeeping requirements, Reporting and recordkeeping requirements. Tax act 2012 returning user Years following the year placed in service, Years following the year placed in service. Tax act 2012 returning user M MACRS percentage table 39-year nonresidential real property, Depreciation table. Tax act 2012 returning user Meals, Meals. Tax act 2012 returning user Meeting with patients, clients, or customers on premises, Place To Meet Patients, Clients, or Customers More than one place of business, More than one place of business. Tax act 2012 returning user More than one trade or business, More Than One Trade or Business More-than-50%-use test, More-than-50%-use test. Tax act 2012 returning user Mortgage interest, Deductible mortgage interest. Tax act 2012 returning user , Qualified mortgage insurance premiums. Tax act 2012 returning user P Partners, Partners Partnership expenses, unreimbursed, Deducting unreimbursed partnership expenses. Tax act 2012 returning user Permanent improvements, Permanent improvements. Tax act 2012 returning user , Depreciating permanent improvements. Tax act 2012 returning user Personal property converted to business use, Personal Property Converted to Business Use Place of business, more than one, More than one place of business. Tax act 2012 returning user Principal place of business, Principal Place of Business Product samples, Storage of inventory or product samples. Tax act 2012 returning user Property bought for business use Depreciation, Depreciation Section 179 deduction, Property Bought for Business Use, Section 179 Deduction Property converted to business use, Personal, Personal Property Converted to Business Use Publications, Useful Items - You may want to see: (see Tax help) Q Qualifying for a deduction, Qualifying for a Deduction R Real estate taxes, Real estate taxes. Tax act 2012 returning user Recordkeeping, Recordkeeping Recordkeeping requirements Business furniture and equipment, Reporting and recordkeeping requirements. Tax act 2012 returning user Family daycare provider meal and snack log (Exhibit A), Standard meal and snack rates. Tax act 2012 returning user Regular use, Regular Use Reminders, Reminders Rent, Rent. Tax act 2012 returning user Repairs, Repairs. Tax act 2012 returning user Reporting requirements Business furniture and equipment, Reporting and recordkeeping requirements. Tax act 2012 returning user S Sale or exchange of your home, Sale or Exchange of Your Home Basis adjustment, Basis Adjustment Depreciation taken, Depreciation Ownership and use tests, Ownership and use tests. Tax act 2012 returning user Section 179, Section 179 Deduction Furniture and equipment, Business Furniture and Equipment, Listed Property Listed property, Business Furniture and Equipment, Listed Property Personal property converted to business use, Personal Property Converted to Business Use Property bought for business use, Property Bought for Business Use Security system, Security system. Tax act 2012 returning user Self-employed persons Deduction of expenses, Self-Employed Persons Separate structure, Separate Structure Simplified Method Actual expenses and depreciation of your home, Actual expenses and depreciation of your home. Tax act 2012 returning user Allowable area, Allowable area. Tax act 2012 returning user Business expenses not related to use of the home, Business expenses not related to use of the home. Tax act 2012 returning user Electing the simplified method, Electing the Simplified Method More than one home, More than one home. Tax act 2012 returning user More than one qualified business use, More than one qualified business use. Tax act 2012 returning user Shared use, Shared use. Tax act 2012 returning user Expenses deductible without regard to business use, Expenses deductible without regard to business use. Tax act 2012 returning user No carryover of unallowed expenses, No deduction of carryover of actual expenses. Tax act 2012 returning user Simplified amount, Simplified Amount Space used regularly for daycare, Space used regularly for daycare. Tax act 2012 returning user Using the simplified method, Using the Simplified Method Standard meal and snack rates, Standard meal and snack rates. Tax act 2012 returning user Storage of inventory, Storage of inventory or product samples. Tax act 2012 returning user T Tables and figures MACRS Depreciation of home (Table 2), Depreciation table. Tax act 2012 returning user Qualifying for deduction (Figure A), Standard meal and snack rates (Table 3), Table 3. Tax act 2012 returning user Standard Meal and Snack Rates1 Types of expenses (Table 1), Actual Expenses Tax help, How To Get Tax Help Telephone, Telephone. Tax act 2012 returning user Trade or business use, Trade or Business Use TTY/TDD information, How To Get Tax Help Types of expenses, Actual Expenses U Utilities, Utilities and services. Tax act 2012 returning user W Where to deduct expenses, Where To Deduct Employees, Employees Self-employed, Self-Employed Persons Worksheets Area Adjustment Worksheet (for simplified method), Area Adjustment Worksheet (for simplified method) Worksheets to figure the deduction for business use of your home (simplified method), Worksheets To Figure the Deduction for Business Use of Your Home (Simplified Method) Daycare facility worksheet (for simplified method), Daycare Facility Worksheet (for simplified method) Simplified method worksheet, Simplified Method Worksheet Prev  Up     Home   More Online Publications