Posted on Jun 21, 2016

Heavy Vehicle Business Tax Breaks

Favorable depreciation rules for business use of “heavy” SUVs, pickups and vans were locked in by the Protecting Americans from Tax Hikes (PATH) Act of 2015. By taking advantage of these rules, you may be able to write off the entire business-use portion of a heavy vehicle’s cost in the first year. Here’s how it works.

Depreciation Deductions for Lighter Vehicles

The PATH Act extended 50% bonus depreciation for 2016 and 2017, thereby increasing the maximum first-year deduction for new (not used) vehicles with GVWRs of 6,000 pounds or less. Even so, the deductions for lighter vehicles are much less than those for heavy vehicles. Here are the maximum annual depreciation deductions for lighter vehicles used 100% for business. (Deductions for less-than-100% business use are proportionately reduced.)

New Cars Placed in Service in 2016

Year 1 $11,160 (including $8,000 bonus depreciation)
Year 2 $5,100
Year 3 $3,050
Year 4 and beyond $1,875 (until full cost is recovered)

Used Cars Placed in Service in 2016

Year 1 $3,160 (no bonus depreciation allowed)
Year 2 $5,100
Year 3 $3,050
Year 4 and beyond $1,875 (until full cost is recovered)

New Light Trucks and Vans Placed in Service in 2016

Year 1 $11,560 (including $8,000 bonus depreciation)
Year 2 $5,700
Year 3 $3,350
Year 4 and beyond $2,075 (until full cost is recovered)

Used Light Trucks and Vans Placed in Service in 2016

Year 1 $3,560 (no bonus depreciation allowed)
Year 2 $5,700
Year 3 $3,350
Year 4 and beyond $2,075 (until full cost is recovered)

Heavy Vehicle Depreciation Business Tax Breaks in a Nutshell

The business portion of the cost of your heavy vehicle is first reduced by the Section 179 deduction. If the vehicle is classified as an SUV under the tax rules, the Sec. 179 deduction is limited to $25,000.

Heavy non-SUVs — such as long-bed pickups and vans — are unaffected by the $25,000 limit. For those vehicles, you can often write off the entire business-use portion of the cost in the first year under the Sec. 179 deduction privilege. Importantly, pickups with cargo beds that are at least six feet in interior length aren’t classified as SUVs. (Pickups with shorter beds are treated as SUVs, however.)

Second, you can claim the first-year 50% bonus depreciation deduction, which is allowed only for new (not used) vehicles. Finally, the business-use portion of the remaining cost (if any) is depreciated under the “regular” depreciation rules. In the first year, the regular depreciation rate is usually at 20% for vehicles.

Important note: The generous first-year depreciation deduction rules explained in this article are available only for vehicles used more than 50% for business.

Case in Point

Here are a couple of examples to show how these favorable tax breaks can add up.

First, suppose you buy a new $50,000 heavy SUV before year end. It’s used 100% in your sole proprietorship business. Because the vehicle is an SUV, the Sec. 179 deduction is limited to $25,000. So, the first-year depreciation would be a whopping $40,000, including the following elements:

1. $25,000 Sec. 179 deduction,

2. $12,500 bonus depreciation (half of the remaining purchase price after the Sec. 179 deduction), and

3. $2,500 regular depreciation (20% of the remaining purchase price after the above two deductions).

The first-year deduction of $40,000 will reduce both your federal income tax bill and your self-employment tax bill. In some (but not all) states, you also may be eligible for a generous state income tax deduction.

Alternatively, suppose you buy a new $50,000 sedan and use it 100% for business. With this smaller vehicle, your first-year depreciation write-off would be only $11,160. For a new $50,000 light truck or light van, your first-year write-off would be only $11,560.

What if you purchase a used vehicle instead of a new one? You can still claim the $25,000 Sec. 179 deduction, but you’re not eligible for bonus depreciation. Regular depreciation would be $5,000 (20% of the remaining $25,000 of the purchase price after the Sec. 179 deduction). In this case, your total first-year depreciation deduction would be $30,000.

Now, let’s suppose you buy a heavy pickup with a long bed for $50,000. This vehicle isn’t subject to the $25,000 Sec. 179 deduction limitation. For federal income tax purposes, you can generally deduct the entire cost of this vehicle on this year’s tax return under Sec. 179. Moreover, the pickup can be either new or used.

In contrast, if you buy a used $50,000 sedan, your first-year depreciation write-off would be only $3,160. For a used $50,000 light truck or light van, your first-year depreciation write-off would be only $3,560.

Examples of Heavy Vehicles

The Sec. 179 deduction and bonus depreciation deals are available only for an SUV, pickup or van with a manufacturer’s gross vehicle weight rating (GVWR) above 6,000 pounds that’s purchased (not leased). Fortunately, quite a few vehicles qualify for the “heavy” SUV label, including:

  • Buick Enclave
  • Cadillac Escalade
  • Chevy Tahoe
  • Dodge Durango
  • Jeep Grand Cherokee

Most full-size pickups — including Nissan Titans, Toyota Tundras and Dodge Rams — also qualify. A vehicle’s GVWR can usually be found on a label on the inside edge of the driver’s side door. The IRS has confirmed that heavy SUVs qualify for the aforementioned depreciation tax breaks whether they are built on a truck chassis or an auto chassis. So, heavy cross-over vehicles also qualify for this favorable tax treatment.

Potential Caveats for these Business Tax Breaks

The favorable depreciation rules for heavy vehicles come with limits. Here are some common caveats you should be aware of:

1. The Sec. 179 deduction can’t exceed the taxpayer’s aggregate net business taxable income before the Sec. 179 write-off. If you operate your business as a sole proprietorship, or as a single-member LLC treated as a sole proprietorship for tax purposes, you can count any wages that you may earn as an employee as additional business income. If you’re married and file a joint return, you can also count your spouse’s earnings from employment as well as any self-employment income that he or she may earn.

2. Special rules apply if you operate your business as a partnership, multimember LLC or corporation. Consult your tax adviser about how to take full advantage of the depreciation breaks for heavy business vehicles in your situation.

3. In the five tax years following the year that you put your heavy vehicle into service, the business-use percentage must continue to exceed 50%. Otherwise, you run afoul of “recapture” rules that will force you to add back some previous depreciation write-offs into your taxable income. To fully cash in on the available depreciation breaks, you must commit to using the vehicle over 50% for business for the first six years.

4. For 2016, the maximum Sec. 179 deduction is $500,000, subject to a $2,010,000 phaseout threshold. These amounts are now permanent and subject to inflation indexing under the PATH Act.

Quick Action May Be Advisable

As things stand right now, the favorable business vehicle depreciation rules outlined in this article are “permanent” features of the Internal Revenue Code. But nothing is permanent when it comes to taxes. Depending on how the upcoming elections turn out, less favorable rules could apply in the future.

Additionally, under the PATH Act, bonus depreciation is scheduled to be reduced to 40% in 2018 and 30% in 2019 before it expires on December 31, 2019. So, it’s a limited time offer that will gradually decrease and expire, unless Congress takes further action.

For these reasons, it might make sense to buy your vehicle this year and place it in service before year end. That way, you can lock in the valuable first-year depreciation breaks. However, consult your tax adviser before signing the paperwork to make sure you’re not affected by the fine print in the tax code that can limit depreciation write-offs.

 

Posted on Mar 21, 2015
P2WGJ
From left: Pithou Nuth, President George W. Bush, and Gary Jackson at the Samaritan Inn Gala

From a barefoot Cambodian Refugee to a VIP guest hanging with the President at The Samaritan Inn Gala

Every so often we like to feature one of our clients in our newsletter, but this story isn’t about the latest, coolest business in the area. Instead a human interest story that we think our readers might like.

This is a story about resilience and we wanted to share it because it’s also the story of one of our favorite clients, Pithou Nuth (known to us simply as P2). This is a story about how a kid that lived through “the killing fields” terror reign of the middle 70s’ by the Khmer Rouge has now become a successful and happy business guy here in Dallas and is using his influence to pay it forward at The Samaritan Inn.

At a very young age, Pithou Nuth overcame great adversity in Cambodia, fighting for his life for six years against hunger, oppression, and “ideological cleansing” that cost his dad’s life under the terrorist regime of the Khmer Rouge.

Pithou spent six years of his childhood enduring the “revolution” brought on by the Khmer Rouge. In 1975, the Nuth family was torn apart by the evacuation of Phnom Penh – the capital of Cambodia, and a city once populated with 2.5 million people. During the evacuation Pithou’s father was taken away from his family, never to be seen again. For the next four years, Pithou, his mother and three brothers were forced to travel from one rural area to the next to work in labor camps and commune farms.

While working in labor camps and in the rice fields, Pithou and his brothers sometimes spent months away from their mother, fighting for their own survival. Even though he was just the same age of a 7th grader, Pithou witnessed first-hand the brutality of war. He saw bodies of the fallen alongside the roads. He watched his grandparents and youngest brother weaken, wither and die because of the harsh living conditions.

Pithou’s mother fought through her own illness and struggles to keep Pithou and his two other brothers alive by trading all of their possessions for food.  In 1979, after four years of fighting for survival, Vietnamese forces took control over Cambodia, and the Nuth’s got their freedom back. After hearing of a refugee camp at the Thai-Cambodian border, they made the journey to the camp in hopes of finding food. However, upon their arrival to the refugee camp, one thing led to another and, with the help of the Catholic Diocese of Dallas, Pithou and his family were evacuated to (of all places) Dallas, Texas.

Once he and his family had settled in Dallas, Pithou was enrolled in ninth grade at Newman Smith High School in Carrollton, TX. Even though he had only completed school through the equivalent of fourth grade and knew no English, he immediately surprised his teachers by succeeding in math, and learning English and French at the same time. Pithou and his siblings quickly became known as the Fabulous Nuth Brothers, outshining all other students in each class they took.

Because of either his innate or learned RESILIENCE – Pithou continued his success by winning an academic scholarship to the University of Texas. After getting his accounting degree and earning his CPA, Pithou held positions and worked his way up the ranks at Deloitte and Touche and Ernst and Young, and eventually was hired as CFO at Wilson Office interiors. He has also worked at Landmark Redevelopment where he and his partners began creating equity in the businesses he served. At his next position, he became both a shareholder and officer of one of the fastest growing companies in North Texas – NTR Metals, which has subsequently merged with Ohio Precious metals and become Elemental USA with operations in North America and throughout Europe.

However, it hasn’t all been business. In 1995, Pithou met and married his wife Sinna, and they have two children, ages 12 and 13 who attend St. Marks and Greenhill schools, respectively. On a funny note, Pithou and his family now live in Preston Hollow just around the corner from Laura and W.

This industrious and resilient young man has achieved much success and accomplished much from – let’s face it – a challenging and troubled beginning. Beyond resilience, his story is also cool because it’s a story of a person overcoming so much and keeping a heart of gratitude. Pithou and his partners at NTR have been perennial contributors to the homeless and the displaced through our partnership with The Samaritan Inn.

This is not just a story of resilience and accomplishment, it is a story about paying it forward.