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YOUR CAR AND YOUR MONEY

It's Tax Time ... Buy or Lease?

By Gerald Levinson CMA

Buying or leasing an auto for business purposes should be a straight forward uncomplicated tax transaction, but it's not. Today's company auto creates more Federal Income Tax complications and paperwork than almost any other type of business asset.

Revised tax codes have eliminated the 5 year depreciation tax write-off and replaced it with a 12 year write off with artificially set caps depending on the value of the car.

For 1995 the limits are as follows: 1st tax year $3,060; 2nd tax year $4,900; 3rd tax year $2,950; and $1,775 for each succeeding year until full recovery is made. Be aware that these limits are further lowered because personal use percentages have to be taken into consideration.

Although the current trend is towards leasing which offers a better write-off with less paper processing -- buying under certain circumstances is still financially attractive. That's why it's imperative to formulate an overall strategy which optimizes cash flow while yielding the maximum in tax savings.

And wether you end up buying or leasing, one thing is clear, there are firm fast Federal Income Tax rules relative to the personal use of the auto which must be addressed including payroll and fringe benefit issues.

For instance as a self employed person (IRS TAX FORM 1040 SCHEDULE C) you can deduct auto expenses in three ways. If the car is purchased you can deduct depreciation equal to the percentage of business use, plus operating expenses such as gas, repairs, insurance and so on. (Remember this is over a twelve year period with a upper limit set by the IRS.)

In lieu of the above you may claim mileage at 30 cents per mile you used the car for business purposes. You cant use both. And once adopted you must use it on a consistent basis each year.

However if the car is leased, only the full lease payment adjusted for actual business use can be deducted plus operating expenses.

The regulations are the same for corporate owners (IRS TAX FORM 1120) and their employees as long as the value of the personal use of the car is treated as fringe benefit compensation income. In a corporate environment the 30 cent mileage alternative is not an option.

And thats not all, if your company leases a "luxury" company auto, it will wind up with a special add-back to income (called the lease inclusion amount) that varies with the value of the car and the year of the lease.

Finally, the IRS is saying that for Federal Income Tax purposes the personal use of the car is income to you as well as your employees. That's because the value of the employee's personal mileage must be treated as non-cash fringe benefit income, and further it must be reported by your company on a W2 or 1099.

If this is too much to comprehend, join the club and consult your tax advisor.

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