The American Jobs Creation Act (AJCA) of 2004 clarified the rules regarding
allowable depreciation deductions for automobiles, sport utility vehicles
(SUVs), trucks, and vans, especially with regards to the “Luxury Auto Limitations”
under Internal Revenue Code 280F and the Section 179 expense election. This is
important because determining whether a vehicle falls under the luxury limits is
the first step in computing depreciation for a vehicle.
Vehicles That Qualify for the Maximum Auto Limitations
Certain vehicles are limited in the total amount of depreciation that can be
claimed in one year. Vehicles that qualify for the implementation of the
depreciation limitations under section 280F fall under two categories:
Passenger automobiles that are four-wheeled vehicles with an unloaded
gross vehicle weight of 6,000 pounds or less and manufactured primarily for
use on public streets, roads, and highways.
Trucks, Vans and SUV’s that are passenger automobiles built on a truck
chassis (includes minivans and sport utility vehicles (SUV’s), manufactured
primarily for use on public streets, roads, and highways and that have an
unloaded gross vehicle weight of less than 6,000 pounds that do not meet the
description of a non-personal use vehicle (see “exempt vehicles”).
There are three possible components of a vehicle’s total depreciation
deduction. They are;
The Section 179 Expense deduction (for the first year only)
Bonus depreciation (also only for the first year), and
Annual depreciation.
Each component of the total depreciation deduction has its own restrictions
and limitations, and there is a limitation on the amount of total depreciation
allowed for vehicles subject to the IRC 280F limitation.
Publication 463, Travel,
Entertainment, Gift & Auto Expenses and
Publication
946, How to Depreciate Property, explain these limits and contain additional
information on the Section 179 expense, bonus depreciation and annual
depreciation.
Vehicles That Are Exempt From The Maximum Auto Limitations
Vehicles that are exempt from the Section 280F limitations are trucks, vans,
and SUV’s that are:
Built on a truck chassis and
have an unloaded gross vehicle weight of more than 6,000 pounds or
trucks, vans and SUV’s that are under 6,000 that have been modified to
meet the description of a “qualified non personal use vehicle” . See Chapter 5
of Publication 946 or Rev Proc 2004-20 for more information.
Placed In Service Dates
The allowable deduction allowed for exempt vehicles is based on the date on
which the vehicle was placed in service.
Placed in Service Before October 23, 2004
If an exempt vehicle was placed in service before October 23, 2004 it is subject
only to the specific limitations applicable to the Section 179 expense election,
bonus depreciation and annual depreciation. It is not subject to any maximum
depreciation limitations.
Placed in Service After October 22, 2004
If an exempt vehicle was placed in service after October 22, 2004, the AJCA of
2004 Section 910 limits the Section 179 expense portion of the depreciation
amount to $25,000 for certain SUV’s that are:
not subject to Section 280F and
are rated at 14,000 lbs of gross vehicle weight or less.
There is no maximum depreciation limitation. Standard limitations still apply
for bonus and annual depreciation.
Exempt Vehicles Not Subject to the $25,000 Section 179 Limitation
Exempt vehicles that meet any of the following criteria are not subject to
the $25,000 Section 179 limitation if they are:
Designed to have a seating capacity of more than 9 persons behind the
drivers seat,
Equipped with a cargo area of at least 6 feet in interior length which is
an open area or is designed for use as an open area but is enclosed by a cap
and is not readily accessible from the passenger compartment, or
Designed with an integral enclosure, fully enclosing the drivers
compartment and load carrying device and does not have seating rearward of the
drivers seat and has no body section protruding more than 30 inches ahead of
the leading edge of the windshield.
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