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Irsfreetax 2. Irsfreetax   Filing Status Table of Contents What's New Introduction Useful Items - You may want to see: Marital StatusDivorced persons. Irsfreetax Divorce and remarriage. Irsfreetax Annulled marriages. Irsfreetax Head of household or qualifying widow(er) with dependent child. Irsfreetax Considered married. Irsfreetax Same-sex marriage. Irsfreetax Spouse died during the year. Irsfreetax Married persons living apart. Irsfreetax Single Married Filing JointlyFiling a Joint Return Married Filing SeparatelySpecial Rules Head of HouseholdConsidered Unmarried Keeping Up a Home Qualifying Person Qualifying Widow(er) With Dependent Child What's New Filing status for same-sex married couples. Irsfreetax  If you have a same-sex spouse whom you legally married in a state (or foreign country) that recognizes same-sex marriage, you and your spouse generally must use the married filing jointly or married filing separately filing status on your 2013 return, even if you and your spouse now live in a state (or foreign country) that does not recognize same-sex marriage. Irsfreetax See Same-sex marriage under Marital Status, later. Irsfreetax Introduction This chapter helps you determine which filing status to use. Irsfreetax There are five filing statuses. Irsfreetax Single. Irsfreetax Married Filing Jointly. Irsfreetax Married Filing Separately. Irsfreetax Head of Household. Irsfreetax Qualifying Widow(er) With Dependent Child. Irsfreetax If more than one filing status applies to you, choose the one that will give you the lowest tax. Irsfreetax You must determine your filing status before you can determine whether you must file a tax return (chapter 1), your standard deduction (chapter 20), and your tax (chapter 30). Irsfreetax You also use your filing status to determine whether you are eligible to claim certain deductions and credits. Irsfreetax Useful Items - You may want to see: Publication 501 Exemptions, Standard Deduction, and Filing Information 519 U. Irsfreetax S. Irsfreetax Tax Guide for Aliens 555 Community Property Marital Status In general, your filing status depends on whether you are considered unmarried or married. Irsfreetax Unmarried persons. Irsfreetax   You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree. Irsfreetax State law governs whether you are married or legally separated under a divorce or separate maintenance decree. Irsfreetax Divorced persons. Irsfreetax   If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year. Irsfreetax Divorce and remarriage. Irsfreetax   If you obtain a divorce for the sole purpose of filing tax returns as unmarried individuals, and at the time of divorce you intend to and do, in fact, remarry each other in the next tax year, you and your spouse must file as married individuals in both years. Irsfreetax Annulled marriages. Irsfreetax    If you obtain a court decree of annulment, which holds that no valid marriage ever existed, you are considered unmarried even if you filed joint returns for earlier years. Irsfreetax You must file Form 1040X, Amended U. Irsfreetax S. Irsfreetax Individual Income Tax Return, claiming single or head of household status for all tax years that are affected by the annulment and are not closed by the statute of limitations for filing a tax return. Irsfreetax Generally, for a credit or refund, you must file Form 1040X within 3 years (including extensions) after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later. Irsfreetax If you filed your original return early (for example, March 1), your return is considered filed on the due date (generally April 15). Irsfreetax However, if you had an extension to file (for example, until October 15) but you filed earlier and we received it on July 1, your return is considered filed on July 1. Irsfreetax Head of household or qualifying widow(er) with dependent child. Irsfreetax   If you are considered unmarried, you may be able to file as a head of household or as a qualifying widow(er) with a dependent child. Irsfreetax See Head of Household and Qualifying Widow(er) With Dependent Child to see if you qualify. Irsfreetax Married persons. Irsfreetax   If you are considered married, you and your spouse can file a joint return or separate returns. Irsfreetax Considered married. Irsfreetax   You are considered married for the whole year if, on the last day of your tax year, you and your spouse meet any one of the following tests. Irsfreetax You are married and living together as a married couple. Irsfreetax You are living together in a common law marriage recognized in the state where you now live or in the state where the common law marriage began. Irsfreetax You are married and living apart, but not legally separated under a decree of divorce or separate maintenance. Irsfreetax You are separated under an interlocutory (not final) decree of divorce. Irsfreetax Same-sex marriage. Irsfreetax   For federal tax purposes, individuals of the same sex are considered married if they were lawfully married in a state (or foreign country) whose laws authorize the marriage of two individuals of the same sex, even if the state (or foreign country) in which they now live does not recognize same-sex marriage. Irsfreetax The term “spouse” includes an individual married to a person of the same sex if the couple is lawfully married under state (or foreign) law. Irsfreetax However, individuals who have entered into a registered domestic partnership, civil union, or other similar relationship that is not considered a marriage under state (or foreign) law are not considered married for federal tax purposes. Irsfreetax For more details, see Publication 501. Irsfreetax Spouse died during the year. Irsfreetax   If your spouse died during the year, you are considered married for the whole year for filing status purposes. Irsfreetax   If you did not remarry before the end of the tax year, you can file a joint return for yourself and your deceased spouse. Irsfreetax For the next 2 years, you may be entitled to the special benefits described later under Qualifying Widow(er) With Dependent Child . Irsfreetax   If you remarried before the end of the tax year, you can file a joint return with your new spouse. Irsfreetax Your deceased spouse's filing status is married filing separately for that year. Irsfreetax Married persons living apart. Irsfreetax   If you live apart from your spouse and meet certain tests, you may be able to file as head of household even if you are not divorced or legally separated. Irsfreetax If you qualify to file as head of household instead of married filing separately, your standard deduction will be higher. Irsfreetax Also, your tax may be lower, and you may be able to claim the earned income credit. Irsfreetax See Head of Household , later. Irsfreetax Single Your filing status is single if you are considered unmarried and you do not qualify for another filing status. Irsfreetax To determine your marital status, see Marital Status , earlier. Irsfreetax Widow(er). Irsfreetax   Your filing status may be single if you were widowed before January 1, 2013, and did not remarry before the end of 2013. Irsfreetax You may, however, be able to use another filing status that will give you a lower tax. Irsfreetax See Head of Household and Qualifying Widow(er) With Dependent Child , later, to see if you qualify. Irsfreetax How to file. Irsfreetax   You can file Form 1040. Irsfreetax If you have taxable income of less than $100,000, you may be able to file Form 1040A. Irsfreetax If, in addition, you have no dependents, and are under 65 and not blind, and meet other requirements, you can file Form 1040EZ. Irsfreetax If you file Form 1040A or Form 1040, show your filing status as single by checking the box on line 1. Irsfreetax Use the Single column of the Tax Table or Section A of the Tax Computation Worksheet to figure your tax. Irsfreetax Married Filing Jointly You can choose married filing jointly as your filing status if you are considered married and both you and your spouse agree to file a joint return. Irsfreetax On a joint return, you and your spouse report your combined income and deduct your combined allowable expenses. Irsfreetax You can file a joint return even if one of you had no income or deductions. Irsfreetax If you and your spouse decide to file a joint return, your tax may be lower than your combined tax for the other filing statuses. Irsfreetax Also, your standard deduction (if you do not itemize deductions) may be higher, and you may qualify for tax benefits that do not apply to other filing statuses. Irsfreetax If you and your spouse each have income, you may want to figure your tax both on a joint return and on separate returns (using the filing status of married filing separately). Irsfreetax You can choose the method that gives the two of you the lower combined tax. Irsfreetax How to file. Irsfreetax   If you file as married filing jointly, you can use Form 1040. Irsfreetax If you and your spouse have taxable income of less than $100,000, you may be able to file Form 1040A. Irsfreetax If, in addition, you and your spouse have no dependents, are both under 65 and not blind, and meet other requirements, you can file Form 1040EZ. Irsfreetax If you file Form 1040 or Form 1040A, show this filing status by checking the box on line 2. Irsfreetax Use the Married filing jointly column of the Tax Table or Section B of the Tax Computation Worksheet to figure your tax. Irsfreetax Spouse died. Irsfreetax   If your spouse died during the year, you are considered married for the whole year and can choose married filing jointly as your filing status. Irsfreetax See Spouse died during the year under Marital Status, earlier, for more information. Irsfreetax   If your spouse died in 2014 before filing a 2013 return, you can choose married filing jointly as your filing status on your 2013 return. Irsfreetax Divorced persons. Irsfreetax   If you are divorced under a final decree by the last day of the year, you are considered unmarried for the whole year and you cannot choose married filing jointly as your filing status. Irsfreetax Filing a Joint Return Both you and your spouse must include all of your income, exemptions, and deductions on your joint return. Irsfreetax Accounting period. Irsfreetax   Both of you must use the same accounting period, but you can use different accounting methods. Irsfreetax See Accounting Periods and Accounting Methods in chapter 1. Irsfreetax Joint responsibility. Irsfreetax   Both of you may be held responsible, jointly and individually, for the tax and any interest or penalty due on your joint return. Irsfreetax This means that if one spouse does not pay the tax due, the other may have to. Irsfreetax Or, if one spouse does not report the correct tax, both spouses may be responsible for any additional taxes assessed by the IRS. Irsfreetax One spouse may be held responsible for all the tax due even if all the income was earned by the other spouse. Irsfreetax You may want to file separately if: You believe your spouse is not reporting all of his or her income, or You do not want to be responsible for any taxes due if your spouse does not have enough tax withheld or does not pay enough estimated tax. Irsfreetax Divorced taxpayer. Irsfreetax   You may be held jointly and individually responsible for any tax, interest, and penalties due on a joint return filed before your divorce. Irsfreetax This responsibility may apply even if your divorce decree states that your former spouse will be responsible for any amounts due on previously filed joint returns. Irsfreetax Relief from joint responsibility. Irsfreetax   In some cases, one spouse may be relieved of joint responsibility for tax, interest, and penalties on a joint return for items of the other spouse that were incorrectly reported on the joint return. Irsfreetax You can ask for relief no matter how small the liability. Irsfreetax   There are three types of relief available. Irsfreetax Innocent spouse relief. Irsfreetax Separation of liability (available only to joint filers who are divorced, widowed, legally separated, or have not lived together for the 12 months ending on the date the election for this relief is filed). Irsfreetax Equitable relief. Irsfreetax    You must file Form 8857, Request for Innocent Spouse Relief, to request relief from joint responsibility. Irsfreetax Publication 971, Innocent Spouse Relief, explains these kinds of relief and who may qualify for them. Irsfreetax Signing a joint return. Irsfreetax   For a return to be considered a joint return, both spouses generally must sign the return. Irsfreetax Spouse died before signing. Irsfreetax   If your spouse died before signing the return, the executor or administrator must sign the return for your spouse. Irsfreetax If neither you nor anyone else has yet been appointed as executor or administrator, you can sign the return for your spouse and enter “Filing as surviving spouse” in the area where you sign the return. Irsfreetax Spouse away from home. Irsfreetax   If your spouse is away from home, you should prepare the return, sign it, and send it to your spouse to sign so that it can be filed on time. Irsfreetax Injury or disease prevents signing. Irsfreetax   If your spouse cannot sign because of disease or injury and tells you to sign for him or her, you can sign your spouse's name in the proper space on the return followed by the words “By (your name), Husband (or Wife). Irsfreetax ” Be sure to also sign in the space provided for your signature. Irsfreetax Attach a dated statement, signed by you, to the return. Irsfreetax The statement should include the form number of the return you are filing, the tax year, and the reason your spouse cannot sign, and should state that your spouse has agreed to your signing for him or her. Irsfreetax Signing as guardian of spouse. Irsfreetax   If you are the guardian of your spouse who is mentally incompetent, you can sign the return for your spouse as guardian. Irsfreetax Spouse in combat zone. Irsfreetax   You can sign a joint return for your spouse if your spouse cannot sign because he or she is serving in a combat zone (such as the Persian Gulf Area, Serbia, Montenegro, Albania, or Afghanistan), even if you do not have a power of attorney or other statement. Irsfreetax Attach a signed statement to your return explaining that your spouse is serving in a combat zone. Irsfreetax For more information on special tax rules for persons who are serving in a combat zone, or who are in missing status as a result of serving in a combat zone, see Publication 3, Armed Forces' Tax Guide. Irsfreetax Other reasons spouse cannot sign. Irsfreetax    If your spouse cannot sign the joint return for any other reason, you can sign for your spouse only if you are given a valid power of attorney (a legal document giving you permission to act for your spouse). Irsfreetax Attach the power of attorney (or a copy of it) to your tax return. Irsfreetax You can use Form 2848, Power of Attorney and Declaration of Representative. Irsfreetax Nonresident alien or dual-status alien. Irsfreetax   Generally, a married couple cannot file a joint return if either one is a nonresident alien at any time during the tax year. Irsfreetax However, if one spouse was a nonresident alien or dual-status alien who was married to a U. Irsfreetax S. Irsfreetax citizen or resident alien at the end of the year, the spouses can choose to file a joint return. Irsfreetax If you do file a joint return, you and your spouse are both treated as U. Irsfreetax S. Irsfreetax residents for the entire tax year. Irsfreetax See chapter 1 of Publication 519. Irsfreetax Married Filing Separately You can choose married filing separately as your filing status if you are married. Irsfreetax This filing status may benefit you if you want to be responsible only for your own tax or if it results in less tax than filing a joint return. Irsfreetax If you and your spouse do not agree to file a joint return, you must use this filing status unless you qualify for head of household status, discussed later. Irsfreetax You may be able to choose head of household filing status if you are considered unmarried because you live apart from your spouse and meet certain tests (explained later, under Head of Household ). Irsfreetax This can apply to you even if you are not divorced or legally separated. Irsfreetax If you qualify to file as head of household, instead of as married filing separately, your tax may be lower, you may be able to claim the earned income credit and certain other credits, and your standard deduction will be higher. Irsfreetax The head of household filing status allows you to choose the standard deduction even if your spouse chooses to itemize deductions. Irsfreetax See Head of Household , later, for more information. Irsfreetax You will generally pay more combined tax on separate returns than you would on a joint return for the reasons listed under Special Rules, later. Irsfreetax However, unless you are required to file separately, you should figure your tax both ways (on a joint return and on separate returns). Irsfreetax This way you can make sure you are using the filing status that results in the lowest combined tax. Irsfreetax When figuring the combined tax of a married couple, you may want to consider state taxes as well as federal taxes. Irsfreetax How to file. Irsfreetax   If you file a separate return, you generally report only your own income, exemptions, credits, and deductions. Irsfreetax You can claim an exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another person. Irsfreetax You can file Form 1040. Irsfreetax If your taxable income is less than $100,000, you may be able to file Form 1040A. Irsfreetax Select this filing status by checking the box on line 3 of either form. Irsfreetax Enter your spouse's full name and SSN or ITIN in the spaces provided. Irsfreetax If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN. Irsfreetax Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax. Irsfreetax Special Rules If you choose married filing separately as your filing status, the following special rules apply. Irsfreetax Because of these special rules, you usually pay more tax on a separate return than if you use another filing status you qualify for. Irsfreetax   Your tax rate generally is higher than on a joint return. Irsfreetax Your exemption amount for figuring the alternative minimum tax is half that allowed on a joint return. Irsfreetax You cannot take the credit for child and dependent care expenses in most cases, and the amount you can exclude from income under an employer's dependent care assistance program is limited to $2,500 (instead of $5,000). Irsfreetax If you are legally separated or living apart from your spouse, you may be able to file a separate return and still take the credit. Irsfreetax For more information about these expenses, the credit, and the exclusion, see chapter 32. Irsfreetax You cannot take the earned income credit. Irsfreetax You cannot take the exclusion or credit for adoption expenses in most cases. Irsfreetax You cannot take the education credits (the American opportunity credit and lifetime learning credit), the deduction for student loan interest, or the tuition and fees deduction. Irsfreetax You cannot exclude any interest income from qualified U. Irsfreetax S. Irsfreetax savings bonds you used for higher education expenses. Irsfreetax If you lived with your spouse at any time during the tax year: You cannot claim the credit for the elderly or the disabled, and You must include in income a greater percentage (up to 85%) of any social security or equivalent railroad retirement benefits you received. Irsfreetax The following credits and deductions are reduced at income levels half those for a joint return: The child tax credit, The retirement savings contributions credit, The deduction for personal exemptions, and Itemized deductions. Irsfreetax Your capital loss deduction limit is $1,500 (instead of $3,000 on a joint return). Irsfreetax If your spouse itemizes deductions, you cannot claim the standard deduction. Irsfreetax If you can claim the standard deduction, your basic standard deduction is half the amount allowed on a joint return. Irsfreetax Adjusted gross income (AGI) limits. Irsfreetax   If your AGI on a separate return is lower than it would have been on a joint return, you may be able to deduct a larger amount for certain deductions that are limited by AGI, such as medical expenses. Irsfreetax Individual retirement arrangements (IRAs). Irsfreetax   You may not be able to deduct all or part of your contributions to a traditional IRA if you or your spouse were covered by an employee retirement plan at work during the year. Irsfreetax Your deduction is reduced or eliminated if your income is more than a certain amount. Irsfreetax This amount is much lower for married individuals who file separately and lived together at any time during the year. Irsfreetax For more information, see How Much Can You Deduct in chapter 17. Irsfreetax Rental activity losses. Irsfreetax   If you actively participated in a passive rental real estate activity that produced a loss, you generally can deduct the loss from your nonpassive income, up to $25,000. Irsfreetax This is called a special allowance. Irsfreetax However, married persons filing separate returns who lived together at any time during the year cannot claim this special allowance. Irsfreetax Married persons filing separate returns who lived apart at all times during the year are each allowed a $12,500 maximum special allowance for losses from passive real estate activities. Irsfreetax See Limits on Rental Losses in chapter 9. Irsfreetax Community property states. Irsfreetax   If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin and file separately, your income may be considered separate income or community income for income tax purposes. Irsfreetax See Publication 555. Irsfreetax Joint Return After Separate Returns You can change your filing status from a separate return to a joint return by filing an amended return using Form 1040X. Irsfreetax You generally can change to a joint return any time within 3 years from the due date of the separate return or returns. Irsfreetax This does not include any extensions. Irsfreetax A separate return includes a return filed by you or your spouse claiming married filing separately, single, or head of household filing status. Irsfreetax Separate Returns After Joint Return Once you file a joint return, you cannot choose to file separate returns for that year after the due date of the return. Irsfreetax Exception. Irsfreetax   A personal representative for a decedent can change from a joint return elected by the surviving spouse to a separate return for the decedent. Irsfreetax The personal representative has 1 year from the due date of the return (including extensions) to make the change. Irsfreetax See Publication 559, Survivors, Executors, and Administrators, for more information on filing a return for a decedent. Irsfreetax Head of Household You may be able to file as head of household if you meet all the following requirements. Irsfreetax You are unmarried or “considered unmarried” on the last day of the year. Irsfreetax See Marital Status , earlier, and Considered Unmarried , later. Irsfreetax You paid more than half the cost of keeping up a home for the year. Irsfreetax A qualifying person lived with you in the home for more than half the year (except for temporary absences, such as school). Irsfreetax However, if the qualifying person is your dependent parent, he or she does not have to live with you. Irsfreetax See Special rule for parent , later, under Qualifying Person. Irsfreetax If you qualify to file as head of household, your tax rate usually will be lower than the rates for single or married filing separately. Irsfreetax You will also receive a higher standard deduction than if you file as single or married filing separately. Irsfreetax Kidnapped child. Irsfreetax   A child may qualify you to file as head of household even if the child has been kidnapped. Irsfreetax For more information, see Publication 501. Irsfreetax How to file. Irsfreetax   If you file as head of household, you can use Form 1040. Irsfreetax If your taxable income is less than $100,000, you may be able to file Form 1040A. Irsfreetax Indicate your choice of this filing status by checking the box on line 4 of either form. Irsfreetax Use the Head of a household column of the Tax Table or Section D of the Tax Computation Worksheet to figure your tax. Irsfreetax Considered Unmarried To qualify for head of household status, you must be either unmarried or considered unmarried on the last day of the year. Irsfreetax You are considered unmarried on the last day of the tax year if you meet all the following tests. Irsfreetax You file a separate return (defined earlier under Joint Return After Separate Returns ). Irsfreetax You paid more than half the cost of keeping up your home for the tax year. Irsfreetax Your spouse did not live in your home during the last 6 months of the tax year. Irsfreetax Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances. Irsfreetax See Temporary absences , under Qualifying Person, later. Irsfreetax Your home was the main home of your child, stepchild, or foster child for more than half the year. Irsfreetax (See Home of qualifying person , under Qualifying Person, later, for rules applying to a child's birth, death, or temporary absence during the year. Irsfreetax ) You must be able to claim an exemption for the child. Irsfreetax However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules described in Children of divorced or separated parents (or parents who live apart) under Qualifying Child in chapter 3, or in Support Test for Children of Divorced or Separated Parents (or Parents Who Live Apart) under Qualifying Relative in chapter 3. Irsfreetax The general rules for claiming an exemption for a dependent are explained under Exemptions for Dependents in chapter 3. Irsfreetax If you were considered married for part of the year and lived in a community property state (listed earlier under Married Filing Separately), special rules may apply in determining your income and expenses. Irsfreetax See Publication 555 for more information. Irsfreetax Nonresident alien spouse. Irsfreetax   You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. Irsfreetax However, your spouse is not a qualifying person for head of household purposes. Irsfreetax You must have another qualifying person and meet the other tests to be eligible to file as a head of household. Irsfreetax Choice to treat spouse as resident. Irsfreetax   You are considered married if you choose to treat your spouse as a resident alien. Irsfreetax See Publication 519. Irsfreetax Keeping Up a Home To qualify for head of household status, you must pay more than half of the cost of keeping up a home for the year. Irsfreetax You can determine whether you paid more than half of the cost of keeping up a home by using Worksheet 2–1. Irsfreetax Worksheet 2-1. Irsfreetax Cost of Keeping Up a Home   Amount You Paid Total Cost Property taxes $ $ Mortgage interest expense     Rent     Utility charges     Repairs/maintenance     Property insurance     Food consumed on the premises     Other household expenses     Totals $ $ Minus total amount you paid   () Amount others paid   $ If the total amount you paid is more than the amount others paid, you meet the requirement of paying more than half the cost of keeping up the home. Irsfreetax Costs you include. Irsfreetax   Include in the cost of keeping up a home expenses such as rent, mortgage interest, real estate taxes, insurance on the home, repairs, utilities, and food eaten in the home. Irsfreetax   If you used payments you received under Temporary Assistance for Needy Families (TANF) or other public assistance programs to pay part of the cost of keeping up your home, you cannot count them as money you paid. Irsfreetax However, you must include them in the total cost of keeping up your home to figure if you paid over half the cost. Irsfreetax Costs you do not include. Irsfreetax   Do not include the costs of clothing, education, medical treatment, vacations, life insurance, or transportation. Irsfreetax Also, do not include the rental value of a home you own or the value of your services or those of a member of your household. Irsfreetax Qualifying Person See Table 2-1 to see who is a qualifying person. Irsfreetax Any person not described in Table 2-1 is not a qualifying person. Irsfreetax Table 2-1. Irsfreetax Who Is a Qualifying Person Qualifying You To File as Head of Household?1 Caution. Irsfreetax See the text of this chapter for the other requirements you must meet to claim head of household filing status. Irsfreetax IF the person is your . Irsfreetax . Irsfreetax . Irsfreetax   AND . Irsfreetax . Irsfreetax . Irsfreetax   THEN that person is . Irsfreetax . Irsfreetax . Irsfreetax qualifying child (such as a son, daughter, or grandchild who lived with you more than half the year and meets certain other tests)2   he or she is single   a qualifying person, whether or not you can claim an exemption for the person. Irsfreetax   he or she is married and you can claim an exemption for him or her   a qualifying person. Irsfreetax   he or she is married and you cannot claim an exemption for him or her   not a qualifying person. Irsfreetax 3 qualifying relative4 who is your father or mother   you can claim an exemption for him or her5   a qualifying person. Irsfreetax 6   you cannot claim an exemption for him or her   not a qualifying person. Irsfreetax qualifying relative4 other than your father or mother (such as a grandparent, brother, or sister who meets certain tests)   he or she lived with you more than half the year, and he or she is related to you in one of the ways listed under Relatives who do not have to live with you in chapter 3 and you can claim an exemption for him or her5   a qualifying person. Irsfreetax   he or she did not live with you more than half the year   not a qualifying person. Irsfreetax   he or she is not related to you in one of the ways listed under Relatives who do not have to live with you in chapter 3 and is your qualifying relative only because he or she lived with you all year as a member of your household   not a qualifying person. Irsfreetax   you cannot claim an exemption for him or her   not a qualifying person. Irsfreetax 1A person cannot qualify more than one taxpayer to use the head of household filing status for the year. Irsfreetax 2The term “qualifying child” is defined in chapter 3. Irsfreetax Note. Irsfreetax If you are a noncustodial parent, the term “qualifying child” for head of household filing status does not include a child who is your qualifying child for exemption purposes only because of the rules described under Children of divorced or separated parents (or parents who live apart) under Qualifying Child in chapter 3. Irsfreetax If you are the custodial parent and those rules apply, the child generally is your qualifying child for head of household filing status even though the child is not a qualifying child for whom you can claim an exemption. Irsfreetax 3This person is a qualifying person if the only reason you cannot claim the exemption is that you can be claimed as a dependent on someone else's return. Irsfreetax 4The term “ qualifying relative ” is defined in chapter 3. Irsfreetax 5If you can claim an exemption for a person only because of a multiple support agreement, that person is not a qualifying person. Irsfreetax See Multiple Support Agreement in chapter 3. Irsfreetax 6See Special rule for parent . Irsfreetax Example 1—child. Irsfreetax Your unmarried son lived with you all year and was 18 years old at the end of the year. Irsfreetax He did not provide more than half of his own support and does not meet the tests to be a qualifying child of anyone else. Irsfreetax As a result, he is your qualifying child (see Qualifying Child in chapter 3) and, because he is single, your qualifying person for you to claim head of household filing status. Irsfreetax Example 2—child who is not qualifying person. Irsfreetax The facts are the same as in Example 1 except your son was 25 years old at the end of the year and his gross income was $5,000. Irsfreetax Because he does not meet the age test (explained under Qualifying Child in chapter 3), your son is not your qualifying child. Irsfreetax Because he does not meet the gross income test (explained later under Qualifying Relative in chapter 3), he is not your qualifying relative. Irsfreetax As a result, he is not your qualifying person for head of household purposes. Irsfreetax Example 3—girlfriend. Irsfreetax Your girlfriend lived with you all year. Irsfreetax Even though she may be your qualifying relative if the gross income and support tests (explained in chapter 3) are met, she is not your qualifying person for head of household purposes because she is not related to you in one of the ways listed under Relatives who do not have to live with you in chapter 3. Irsfreetax See Table 2-1. Irsfreetax Example 4—girlfriend's child. Irsfreetax The facts are the same as in Example 3 except your girlfriend's 10-year-old son also lived with you all year. Irsfreetax He is not your qualifying child and, because he is your girlfriend's qualifying child, he is not your qualifying relative (see Not a Qualifying Child Test in chapter 3). Irsfreetax As a result, he is not your qualifying person for head of household purposes. Irsfreetax Home of qualifying person. Irsfreetax   Generally, the qualifying person must live with you for more than half of the year. Irsfreetax Special rule for parent. Irsfreetax   If your qualifying person is your father or mother, you may be eligible to file as head of household even if your father or mother does not live with you. Irsfreetax However, you must be able to claim an exemption for your father or mother. Irsfreetax Also, you must pay more than half the cost of keeping up a home that was the main home for the entire year for your father or mother. Irsfreetax   You are keeping up a main home for your father or mother if you pay more than half the cost of keeping your parent in a rest home or home for the elderly. Irsfreetax Death or birth. Irsfreetax   You may be eligible to file as head of household even if the individual who qualifies you for this filing status is born or dies during the year. Irsfreetax If the individual is your qualifying child, the child must have lived with you for more than half the part of the year he or she was alive. Irsfreetax If the individual is anyone else, see Publication 501. Irsfreetax Temporary absences. Irsfreetax   You and your qualifying person are considered to live together even if one or both of you are temporarily absent from your home due to special circumstances such as illness, education, business, vacation, or military service. Irsfreetax It must be reasonable to assume the absent person will return to the home after the temporary absence. Irsfreetax You must continue to keep up the home during the absence. Irsfreetax Qualifying Widow(er) With Dependent Child If your spouse died in 2013, you can use married filing jointly as your filing status for 2013 if you otherwise qualify to use that status. Irsfreetax The year of death is the last year for which you can file jointly with your deceased spouse. Irsfreetax See Married Filing Jointly , earlier. Irsfreetax You may be eligible to use qualifying widow(er) with dependent child as your filing status for 2 years following the year your spouse died. Irsfreetax For example, if your spouse died in 2012, and you have not remarried, you may be able to use this filing status for 2013 and 2014. Irsfreetax This filing status entitles you to use joint return tax rates and the highest standard deduction amount (if you do not itemize deductions). Irsfreetax It does not entitle you to file a joint return. Irsfreetax How to file. Irsfreetax   If you file as qualifying widow(er) with dependent child, you can use Form 1040. Irsfreetax If you also have taxable income of less than $100,000 and meet certain other conditions, you may be able to file Form 1040A. Irsfreetax Check the box on line 5 of either form. Irsfreetax Use the Married filing jointly column of the Tax Table or Section B of the Tax Computation Worksheet to figure your tax. Irsfreetax Eligibility rules. Irsfreetax   You are eligible to file your 2013 return as a qualifying widow(er) with dependent child if you meet all of the following tests. Irsfreetax You were entitled to file a joint return with your spouse for the year your spouse died. Irsfreetax It does not matter whether you actually filed a joint return. Irsfreetax Your spouse died in 2011 or 2012 and you did not remarry before the end of 2013. Irsfreetax You have a child or stepchild for whom you can claim an exemption. Irsfreetax This does not include a foster child. Irsfreetax This child lived in your home all year, except for temporary absences. Irsfreetax See Temporary absences , earlier, under Head of Household. Irsfreetax There are also exceptions, described later, for a child who was born or died during the year and for a kidnapped child. Irsfreetax You paid more than half the cost of keeping up a home for the year. Irsfreetax See Keeping Up a Home , earlier, under Head of Household. Irsfreetax Example. Irsfreetax John's wife died in 2011. Irsfreetax John has not remarried. Irsfreetax During 2012 and 2013, he continued to keep up a home for himself and his child, who lives with him and for whom he can claim an exemption. Irsfreetax For 2011 he was entitled to file a joint return for himself and his deceased wife. Irsfreetax For 2012 and 2013, he can file as qualifying widower with a dependent child. Irsfreetax After 2013 he can file as head of household if he qualifies. Irsfreetax Death or birth. Irsfreetax    You may be eligible to file as a qualifying widow(er) with dependent child if the child who qualifies you for this filing status is born or dies during the year. Irsfreetax You must have provided more than half of the cost of keeping up a home that was the child's main home during the entire part of the year he or she was alive. Irsfreetax Kidnapped child. Irsfreetax   A child may qualify you for qualifying widow(er) with dependent child, even if the child has been kidnapped. Irsfreetax See Publication 501. Irsfreetax    As mentioned earlier, this filing status is available for only 2 years following the year your spouse died. Irsfreetax Prev  Up  Next   Home   More Online Publications
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Irsfreetax 5. Irsfreetax   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. Irsfreetax Listed property includes cars and other property used for transportation, property used for entertainment, and certain computers. Irsfreetax Deductions for listed property (other than certain leased property) are subject to the following special rules and limits. Irsfreetax Deduction for employees. Irsfreetax 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. Irsfreetax Business-use requirement. Irsfreetax 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. Irsfreetax 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. Irsfreetax You may also have to recapture (include in income) any excess depreciation claimed in previous years. Irsfreetax A similar inclusion amount applies to certain leased property. Irsfreetax Passenger automobile limits and rules. Irsfreetax Annual limits apply to depreciation deductions (including section 179 deductions and any special depreciation allowance) for certain passenger automobiles. Irsfreetax You can continue to deduct depreciation for the unrecovered basis resulting from these limits after the end of the recovery period. Irsfreetax 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. Irsfreetax It also discusses the recordkeeping rules for listed property and explains how to report information about the property on your tax return. Irsfreetax 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. Irsfreetax What Is Listed Property? Listed property is any of the following. Irsfreetax Passenger automobiles (as defined later). Irsfreetax Any other property used for transportation, unless it is an excepted vehicle. Irsfreetax Property generally used for entertainment, recreation, or amusement (including photographic, phonographic, communication, and video-recording equipment). Irsfreetax Computers and related peripheral equipment, unless used only at a regular business establishment and owned or leased by the person operating the establishment. Irsfreetax 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. Irsfreetax Improvements to listed property. Irsfreetax   An improvement made to listed property that must be capitalized is treated as a new item of depreciable property. Irsfreetax The recovery period and method of depreciation that apply to the listed property as a whole also apply to the improvement. Irsfreetax 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. Irsfreetax 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). Irsfreetax 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. Irsfreetax The following vehicles are not considered passenger automobiles for these purposes. Irsfreetax An ambulance, hearse, or combination ambulance-hearse used directly in a trade or business. Irsfreetax A vehicle used directly in the trade or business of transporting persons or property for pay or hire. Irsfreetax A truck or van that is a qualified nonpersonal use vehicle. Irsfreetax Qualified nonpersonal use vehicles. Irsfreetax   Qualified nonpersonal use vehicles are vehicles that by their nature are not likely to be used more than a minimal amount for personal purposes. Irsfreetax They include the trucks and vans listed as excepted vehicles under Other Property Used for Transportation , next. Irsfreetax 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. Irsfreetax For a detailed discussion of passenger automobiles, including leased passenger automobiles, see  Publication 463. Irsfreetax 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. Irsfreetax Other property used for transportation includes trucks, buses, boats, airplanes, motorcycles, and any other vehicles used to transport persons or goods. Irsfreetax Excepted vehicles. Irsfreetax   Other property used for transportation does not include the following qualified nonpersonal use vehicles (defined earlier under Passenger Automobiles ). Irsfreetax Clearly marked police and fire vehicles. Irsfreetax Unmarked vehicles used by law enforcement officers if the use is officially authorized. Irsfreetax Ambulances used as such and hearses used as such. Irsfreetax Any vehicle with a loaded gross vehicle weight of over 14,000 pounds that is designed to carry cargo. Irsfreetax Bucket trucks (cherry pickers), cement mixers, dump trucks (including garbage trucks), flatbed trucks, and refrigerated trucks. Irsfreetax Combines, cranes and derricks, and forklifts. Irsfreetax Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat. Irsfreetax Qualified moving vans. Irsfreetax Qualified specialized utility repair trucks. Irsfreetax School buses used in transporting students and employees of schools. Irsfreetax Other buses with a capacity of at least 20 passengers that are used as passenger buses. Irsfreetax Tractors and other special purpose farm vehicles. Irsfreetax Clearly marked police and fire vehicle. Irsfreetax   A clearly marked police or fire vehicle is a vehicle that meets all the following requirements. Irsfreetax It is owned or leased by a governmental unit or an agency or instrumentality of a governmental unit. Irsfreetax 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. Irsfreetax 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. Irsfreetax It is clearly marked with painted insignia or words that make it readily apparent that it is a police or fire vehicle. Irsfreetax A marking on a license plate is not a clear marking for these purposes. Irsfreetax Qualified moving van. Irsfreetax   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. Irsfreetax 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. Irsfreetax Personal use for travel to and from a move site happens no more than five times a month on average. Irsfreetax 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. Irsfreetax Qualified specialized utility repair truck. Irsfreetax   A truck is a qualified specialized utility repair truck if it is not a van or pickup truck and all the following apply. Irsfreetax The truck was specifically designed for and is used to carry heavy tools, testing equipment, or parts. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax It consists of a central processing unit with extensive storage, logic, arithmetic, and control capabilities. Irsfreetax Related peripheral equipment is any auxiliary machine which is designed to be controlled by the central processing unit of a computer. Irsfreetax The following are neither computers nor related peripheral equipment. Irsfreetax Any equipment that is an integral part of other property that is not a computer. Irsfreetax Typewriters, calculators, adding and accounting machines, copiers, duplicating equipment, and similar equipment. Irsfreetax Equipment of a kind used primarily for the user's amusement or entertainment, such as video games. Irsfreetax 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. Irsfreetax The use of your property in performing services as an employee is a business use only if both the following requirements are met. Irsfreetax The use is for your employer's convenience. Irsfreetax The use is required as a condition of your employment. Irsfreetax 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. Irsfreetax Employer's convenience. Irsfreetax   Whether the use of listed property is for your employer's convenience must be determined from all the facts. Irsfreetax The use is for your employer's convenience if it is for a substantial business reason of the employer. Irsfreetax The use of listed property during your regular working hours to carry on your employer's business generally is for the employer's convenience. Irsfreetax Condition of employment. Irsfreetax   Whether the use of listed property is a condition of your employment depends on all the facts and circumstances. Irsfreetax The use of property must be required for you to perform your duties properly. Irsfreetax Your employer does not have to require explicitly that you use the property. Irsfreetax However, a mere statement by the employer that the use of the property is a condition of your employment is not sufficient. Irsfreetax Example 1. Irsfreetax Virginia Sycamore is employed as a courier with We Deliver, which provides local courier services. Irsfreetax She owns and uses a motorcycle to deliver packages to downtown offices. Irsfreetax We Deliver explicitly requires all delivery persons to own a car or motorcycle for use in their employment. Irsfreetax Virginia's use of the motorcycle is for the convenience of We Deliver and is required as a condition of employment. Irsfreetax Example 2. Irsfreetax Bill Nelson is an inspector for Uplift, a construction company with many sites in the local area. Irsfreetax He must travel to these sites on a regular basis. Irsfreetax Uplift does not furnish an automobile or explicitly require him to use his own automobile. Irsfreetax However, it pays him for any costs he incurs in traveling to the various sites. Irsfreetax The use of his own automobile or a rental automobile is for the convenience of Uplift and is required as a condition of employment. Irsfreetax Example 3. Irsfreetax 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. Irsfreetax The use of his own car is neither for the convenience of Uplift nor required as a condition of employment. Irsfreetax Example 4. Irsfreetax Marilyn Lee is a pilot for Y Company, a small charter airline. Irsfreetax Y requires pilots to obtain 80 hours of flight time annually in addition to flight time spent with the airline. Irsfreetax Pilots usually can obtain these hours by flying with the Air Force Reserve or by flying part-time with another airline. Irsfreetax Marilyn owns her own airplane. Irsfreetax 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. Irsfreetax Example 5. Irsfreetax David Rule is employed as an engineer with Zip, an engineering contracting firm. Irsfreetax He occasionally takes work home at night rather than work late in the office. Irsfreetax He owns and uses a home computer which is virtually identical to the office model. Irsfreetax His use of the computer is neither for the convenience of his employer nor required as a condition of employment. Irsfreetax 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. Irsfreetax To meet this requirement, listed property must be used predominantly (more than 50% of its total use) for qualified business use. Irsfreetax If this requirement is not met, the following rules apply. Irsfreetax Property not used predominantly for qualified business use during the year it is placed in service does not qualify for the section 179 deduction. Irsfreetax Property not used predominantly for qualified business use during the year it is placed in service does not qualify for a special depreciation allowance. Irsfreetax 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. Irsfreetax This rule applies each year of the recovery period. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax Exception for leased property. Irsfreetax   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. Irsfreetax   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. Irsfreetax 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. Irsfreetax Occasional or incidental leasing activity is insufficient. Irsfreetax For example, if you lease only one passenger automobile during a tax year, you are not regularly engaged in the business of leasing automobiles. Irsfreetax 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. Irsfreetax 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. Irsfreetax For passenger automobiles and other means of transportation, allocate the property's use on the basis of mileage. Irsfreetax 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. Irsfreetax 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). Irsfreetax 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. Irsfreetax Entertainment use. Irsfreetax   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. Irsfreetax Commuting use. Irsfreetax   The use of an automobile for commuting is not business use, regardless of whether work is performed during the trip. Irsfreetax 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. Irsfreetax This is also true for a business meeting held in a car while commuting to work. Irsfreetax Similarly, a business call made on an otherwise personal trip does not change the character of a trip from personal to business. Irsfreetax 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. Irsfreetax Use of your automobile by another person. Irsfreetax   If someone else uses your automobile, do not treat that use as business use unless one of the following conditions applies. Irsfreetax That use is directly connected with your business. Irsfreetax You properly report the value of the use as income to the other person and withhold tax on the income where required. Irsfreetax You are paid a fair market rent. Irsfreetax Treat any payment to you for the use of the automobile as a rent payment for purposes of item (3). Irsfreetax Employee deductions. Irsfreetax   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. Irsfreetax See Can Employees Claim a Deduction , earlier. Irsfreetax Qualified Business Use Qualified business use of listed property is any use of the property in your trade or business. Irsfreetax However, it does not include the following uses. Irsfreetax 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). Irsfreetax The use of property as pay for the services of a 5% owner or related person. Irsfreetax 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. Irsfreetax Property does not stop being used predominantly for qualified business use because of a transfer at death. Irsfreetax Exception for leasing or compensatory use of aircraft. Irsfreetax   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. Irsfreetax 5% owner. Irsfreetax   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. Irsfreetax   For a corporation, a 5% owner is any person who owns, or is considered to own, either of the following. Irsfreetax More than 5% of the outstanding stock of the corporation. Irsfreetax Stock possessing more than 5% of the total combined voting power of all stock in the corporation. Irsfreetax Related persons. Irsfreetax   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 . Irsfreetax 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. Irsfreetax Examples. Irsfreetax   The following examples illustrate whether the use of business property is qualified business use. Irsfreetax Example 1. Irsfreetax John Maple is the sole proprietor of a plumbing contracting business. Irsfreetax John employs his brother, Richard, in the business. Irsfreetax As part of Richard's pay, he is allowed to use one of the company automobiles for personal use. Irsfreetax The company includes the value of the personal use of the automobile in Richard's gross income and properly withholds tax on it. Irsfreetax The use of the automobile is pay for the performance of services by a related person, so it is not a qualified business use. Irsfreetax Example 2. Irsfreetax John, in Example 1, allows unrelated employees to use company automobiles for personal purposes. Irsfreetax 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. Irsfreetax This use of company automobiles by employees is not a qualified business use. Irsfreetax Example 3. Irsfreetax James Company Inc. Irsfreetax owns several automobiles that its employees use for business purposes. Irsfreetax The employees also are allowed to take the automobiles home at night. Irsfreetax 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. Irsfreetax This use of company automobiles by employees, even for personal purposes, is a qualified business use for the company. Irsfreetax Investment Use The use of property to produce income in a nonbusiness activity (investment use) is not a qualified business use. Irsfreetax However, you can treat the investment use as business use to figure the depreciation deduction for the property in a given year. Irsfreetax Example 1. Irsfreetax Sarah Bradley uses a home computer 50% of the time to manage her investments. Irsfreetax She also uses the computer 40% of the time in her part-time consumer research business. Irsfreetax Sarah's home computer is listed property because it is not used at a regular business establishment. Irsfreetax She does not use the computer predominantly for qualified business use. Irsfreetax Therefore, she cannot elect a section 179 deduction or claim a special depreciation allowance for the computer. Irsfreetax She must depreciate it using the straight line method over the ADS recovery period. Irsfreetax Her combined business/investment use for determining her depreciation deduction is 90%. Irsfreetax Example 2. Irsfreetax 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. Irsfreetax 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. Irsfreetax Her combined business/investment use for determining her depreciation deduction is 90%. Irsfreetax 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. Irsfreetax You also increase the adjusted basis of your property by the same amount. Irsfreetax 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. Irsfreetax To determine the amount in (2) above, you must refigure the depreciation using the straight line method and the ADS recovery period. Irsfreetax Example. Irsfreetax In June 2009, Ellen Rye purchased and placed in service a pickup truck that cost $18,000. Irsfreetax She used it only for qualified business use for 2009 through 2012. Irsfreetax Ellen claimed a section 179 deduction of $10,000 based on the purchase of the truck. Irsfreetax She began depreciating it using the 200% DB method over a 5-year GDS recovery period. Irsfreetax 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. Irsfreetax During 2013, she used the truck 50% for business and 50% for personal purposes. Irsfreetax She includes $4,018 excess depreciation in her gross income for 2013. Irsfreetax The excess depreciation is determined as follows. Irsfreetax Total section 179 deduction ($10,000) and depreciation claimed ($6,618) for 2009 through 2012. Irsfreetax (Depreciation is from Table A-1. Irsfreetax ) $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. Irsfreetax 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. Irsfreetax Where to figure and report recapture. Irsfreetax   Use Form 4797, Part IV, to figure the recapture amount. Irsfreetax Report the recapture amount as other income on the same form or schedule on which you took the depreciation deduction. Irsfreetax For example, report the recapture amount as other income on Schedule C (Form 1040) if you took the depreciation deduction on Schedule C. Irsfreetax If you took the depreciation deduction on Form 2106, report the recapture amount as other income on Form 1040, line 21. Irsfreetax 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. Irsfreetax Your qualified business-use percentage is the part of the property's total use that is qualified business use (defined earlier). Irsfreetax For the inclusion amount rules for a leased passenger automobile, see Leasing a Car in chapter 4 of Publication 463. Irsfreetax The inclusion amount is the sum of Amount A and Amount B, described next. Irsfreetax 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. Irsfreetax Amount A. Irsfreetax   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 . Irsfreetax   The fair market value of the property is the value on the first day of the lease term. Irsfreetax 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. Irsfreetax Amount B. Irsfreetax   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 . Irsfreetax Maximum inclusion amount. Irsfreetax   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. Irsfreetax Inclusion amount worksheet. Irsfreetax   The following worksheet is provided to help you figure the inclusion amount for leased listed property. Irsfreetax Inclusion Amount Worksheet for Leased Listed Property 1. Irsfreetax Fair market value   2. Irsfreetax Business/investment use for first year business use is 50% or less   3. Irsfreetax Multiply line 1 by line 2. Irsfreetax   4. Irsfreetax Rate (%) from Table A-19   5. Irsfreetax Multiply line 3 by line 4. Irsfreetax This is Amount A. Irsfreetax   6. Irsfreetax Fair market value   7. Irsfreetax Average business/investment use for years property leased before the first year business use is 50% or less . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax . Irsfreetax   8. Irsfreetax Multiply line 6 by line 7   9. Irsfreetax Rate (%) from Table A-20   10. Irsfreetax Multiply line 8 by line 9. Irsfreetax This is Amount B. Irsfreetax   11. Irsfreetax Add line 5 and line 10. Irsfreetax This is your inclusion amount. Irsfreetax 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. Irsfreetax )         Example. Irsfreetax 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. Irsfreetax The lease is for a period of 5 years. Irsfreetax Larry does not use the computer at a regular business establishment, so it is listed property. Irsfreetax His business use of the property (all of which is qualified business use) is 80% in 2011, 60% in 2012, and 40% in 2013. Irsfreetax He must add an inclusion amount to gross income for 2013, the first tax year his qualified business-use percentage is 50% or less. Irsfreetax The computer has a 5-year recovery period under both GDS and ADS. Irsfreetax 2013 is the third tax year of the lease, so the applicable percentage from Table A-19 is −19. Irsfreetax 8%. Irsfreetax The applicable percentage from Table A-20 is 22. Irsfreetax 0%. Irsfreetax Larry's deductible rent for the computer for 2013 is $800. Irsfreetax Larry uses the Inclusion amount worksheet. Irsfreetax to figure the amount he must include in income for 2013. Irsfreetax His inclusion amount is $224, which is the sum of −$238 (Amount A) and $462 (Amount B). Irsfreetax Inclusion Amount Worksheet for Leased Listed Property 1. Irsfreetax Fair market value $3,000   2. Irsfreetax Business/investment use for first year business use is 50% or less 40 % 3. Irsfreetax Multiply line 1 by line 2. Irsfreetax 1,200   4. Irsfreetax Rate (%) from Table A-19 −19. Irsfreetax 8 % 5. Irsfreetax Multiply line 3 by line 4. Irsfreetax This is Amount A. Irsfreetax −238   6. Irsfreetax Fair market value 3,000   7. Irsfreetax Average business/investment use for years property leased before the first year business use is 50% or less 70 % 8. Irsfreetax Multiply line 6 by line 7 2,100   9. Irsfreetax Rate (%) from Table A-20 22. Irsfreetax 0 % 10. Irsfreetax Multiply line 8 by line 9. Irsfreetax This is Amount B. Irsfreetax 462   11. Irsfreetax Add line 5 and line 10. Irsfreetax This is your inclusion amount. Irsfreetax 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. Irsfreetax ) $224           Lease beginning in the last 9 months of your tax year. Irsfreetax    The inclusion amount is subject to a special rule if all the following apply. Irsfreetax The lease term begins within 9 months before the close of your tax year. Irsfreetax You do not use the property predominantly (more than 50%) for qualified business use during that part of the tax year. Irsfreetax The lease term continues into your next tax year. Irsfreetax Under this special rule, add the inclusion amount to income in the next tax year. Irsfreetax 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. Irsfreetax Skip lines 6 through 9 of the worksheet and enter zero on line 10. Irsfreetax Example 1. Irsfreetax On August 1, 2012, Julie Rule, a calendar year taxpayer, leased and placed in service an item of listed property. Irsfreetax The property is 5-year property with a fair market value of $10,000. Irsfreetax Her property has a recovery period of 5 years under ADS. Irsfreetax The lease is for 5 years. Irsfreetax Her business use of the property was 50% in 2012 and 90% in 2013. Irsfreetax She paid rent of $3,600 for 2012, of which $3,240 is deductible. Irsfreetax She must include $147 in income in 2013. Irsfreetax The $147 is the sum of Amount A and Amount B. Irsfreetax Amount A is $147 ($10,000 × 70% × 2. Irsfreetax 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 . Irsfreetax Amount B is zero. Irsfreetax Lease for less than one year. Irsfreetax   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. Irsfreetax The amount included in income is the inclusion amount (figured as described in the preceding discussions) multiplied by a fraction. Irsfreetax The numerator of the fraction is the number of days in the lease term and the denominator is 365 (or 366 for leap years). Irsfreetax   The lease term for listed property other than residential rental or nonresidential real property includes options to renew. Irsfreetax 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. Irsfreetax Example 2. Irsfreetax 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. Irsfreetax This property had a fair market value of $15,000 and a recovery period of 5 years under ADS. Irsfreetax The lease term was 6 months (ending on March 31, 2013), during which he used the property 45% in business. Irsfreetax He must include $71 in income in 2013. Irsfreetax The $71 is the sum of Amount A and Amount B. Irsfreetax Amount A is $71 ($15,000 × 45% × 2. Irsfreetax 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. Irsfreetax Amount B is zero. Irsfreetax Where to report inclusion amount. Irsfreetax   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. Irsfreetax For example, report the inclusion amount as other income on Schedule C (Form 1040) if you took the deduction on Schedule C. Irsfreetax If you took the deduction for rental costs on Form 2106, report the inclusion amount as other income on Form 1040, line 21. Irsfreetax 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. Irsfreetax 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. Irsfreetax Exception for leased cars. Irsfreetax   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. Irsfreetax 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 . Irsfreetax Maximum Depreciation Deduction The passenger automobile limits are the maximum depreciation amounts you can deduct for a passenger automobile. Irsfreetax They are based on the date you placed the automobile in service. Irsfreetax Passenger Automobiles The maximum deduction amounts for most passenger automobiles are shown in the following table. Irsfreetax 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. Irsfreetax 2If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,060. Irsfreetax 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. Irsfreetax 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. Irsfreetax 5If you acquired the vehicle before 5/06/03, the maximum deduction is $7,660. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax If you have a short tax year, you must reduce the maximum deduction amount by multiplying the maximum amount by a fraction. Irsfreetax The numerator of the fraction is the number of months and partial months in the short tax year and the denominator is 12. Irsfreetax Example. Irsfreetax On April 15, 2013, Virginia Hart bought and placed in service a new car for $14,500. Irsfreetax She used the car only in her business. Irsfreetax She files her tax return based on the calendar year. Irsfreetax She does not elect a section 179 deduction and elected not to claim any special depreciation allowance for the car. Irsfreetax Under MACRS, a car is 5-year property. Irsfreetax 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. Irsfreetax Virginia multiplies the $14,500 unadjusted basis of her car by 0. Irsfreetax 20 to get her MACRS depreciation of $2,900 for 2013. Irsfreetax This $2,900 is below the maximum depreciation deduction of $3,160 for passenger automobiles placed in service in 2013. Irsfreetax She can deduct the full $2,900. Irsfreetax Electric Vehicles The maximum depreciation deductions for passenger automobiles that are produced to run primarily on electricity are higher than those for other automobiles. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax 2If you acquired the vehicle before 5/06/03, the maximum deduction is $22,880. Irsfreetax 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. Irsfreetax 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. Irsfreetax Trucks and Vans The maximum depreciation deductions for trucks and vans placed in service after 2002 are higher than those for other passenger automobiles. Irsfreetax The maximum deduction amounts for trucks and vans are shown in the following table. Irsfreetax 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. Irsfreetax 2 If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,260. Irsfreetax 3 If you elected not to claim any special depreciation allowance or the vehicle is not qualified property, the maximum deduction is $3,160. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax 7 If you acquired the vehicle before 5/06/03, the maximum deduction is $7,960. Irsfreetax 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. Irsfreetax 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. Irsfreetax Depreciation Worksheet for Passenger Automobiles You can use the following worksheet to figure your depreciation deduction using the percentage tables. Irsfreetax Then use the information from this worksheet to prepare Form 4562. Irsfreetax Depreciation Worksheet for Passenger Automobiles   Part I   1. Irsfreetax MACRS system (GDS or ADS)     2. Irsfreetax Property class     3. Irsfreetax Date placed in service     4. Irsfreetax Recovery period     5. Irsfreetax Method and convention     6. Irsfreetax Depreciation rate (from tables)     7. Irsfreetax Maximum depreciation deduction for this year from the appropriate table       8. Irsfreetax Business/investment-use percentage       9. Irsfreetax Multiply line 7 by line 8. Irsfreetax This is your adjusted maximum depreciation deduction       10. Irsfreetax Section 179 deduction claimed this year (not more than line 9). Irsfreetax Enter -0- if this is not the year you placed the car in service. Irsfreetax         Note. Irsfreetax  1) If line 10 is equal to line 9, stop here. Irsfreetax Your combined section 179 and depreciation deduction (including your special depreciation allowance) is limited to the amount on line 9. Irsfreetax  2) If line 10 is less than line 9, complete Part II. Irsfreetax   Part II   11. Irsfreetax Subtract line 10 from line 9. Irsfreetax This is the limit on the amount you can deduct for depreciation (including any special depreciation allowance )       12. Irsfreetax Cost or other basis (reduced by any alternative motor vehicle credit 1or credit for electric vehicles 2)       13. Irsfreetax Multiply line 12 by line 8. Irsfreetax This is your business/investment cost       14. Irsfreetax Section 179 deduction claimed in the year you placed the car in service       15. Irsfreetax Subtract line 14 from line 13. Irsfreetax This is your tentative basis for depreciation       16. Irsfreetax Multiply line 15 by . Irsfreetax 50 if the 50% special depreciation allowance applies. Irsfreetax This is your special depreciation allowance. Irsfreetax 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. Irsfreetax Your depreciation deduction (including your special depreciation allowance) is limited to the amount on line 11. Irsfreetax  2) If line 16 is less than line 11, complete Part III. Irsfreetax   Part III   17. Irsfreetax Subtract line 16 from 11. Irsfreetax This is the limit on the amount you can deduct for MACRS depreciation       18. Irsfreetax Subtract line 16 from line 15. Irsfreetax This is your basis for depreciation. Irsfreetax       19. Irsfreetax Multiply line 18 by line 6. Irsfreetax This is your tentative MACRS depreciation deduction. Irsfreetax       20. Irsfreetax Enter the lesser of line 17 or line 19. Irsfreetax This is your MACRS depreciation deduction. Irsfreetax     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. Irsfreetax 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. Irsfreetax             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. Irsfreetax If you continue to use the automobile for business, you can deduct that unrecovered basis after the recovery period ends. Irsfreetax You can claim a depreciation deduction in each succeeding tax year until you recover your full basis in the car. Irsfreetax 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. Irsfreetax See Maximum Depreciation Deduction , earlier. Irsfreetax 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. Irsfreetax You cannot claim a depreciation deduction for listed property other than passenger automobiles after the recovery period ends. Irsfreetax 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. Irsfreetax Example. Irsfreetax In May 2007, you bought and placed in service a car costing $31,500. Irsfreetax The car was 5-year property under GDS (MACRS). Irsfreetax You did not elect a section 179 deduction and elected not to claim any special depreciation allowance for the car. Irsfreetax You used the car exclusively for business during the recovery period (2007 through 2012). Irsfreetax You figured your depreciation as shown below. Irsfreetax Year Percentage Amount Limit   Allowed 2007 20. Irsfreetax 0% $6,300 $2,960   $2,960 2008 32. Irsfreetax 0 10,080 4,800   4,800 2009 19. Irsfreetax 2 6,048 2,850   2,850 2010 11. Irsfreetax 52 3,629 1,675   1,675 2011 11. Irsfreetax 52 3,629 1,675   1,675 2012 5. Irsfreetax 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). Irsfreetax 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. Irsfreetax 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. Irsfreetax 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%. Irsfreetax 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. Irsfreetax 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. Irsfreetax 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. Irsfreetax This excess basis is the additional cash paid for the new automobile in the trade-in. Irsfreetax The depreciation figured for the two components of the basis (carryover basis and excess basis) is subject to a single passenger automobile limit. Irsfreetax Special rules apply in determining the passenger automobile limits. Irsfreetax These rules and examples are discussed in section 1. Irsfreetax 168(i)-6(d)(3) of the regulations. Irsfreetax 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. Irsfreetax 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. Irsfreetax 168(i)-6(i) and 1. Irsfreetax 168(i)-6(j) of the regulations. Irsfreetax 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. Irsfreetax For listed property, you must keep records for as long as any recapture can still occur. Irsfreetax Recapture can occur in any tax year of the recovery period. Irsfreetax 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. Irsfreetax You do not have to record information in an account book, diary, or similar record if the information is already shown on the receipt. Irsfreetax However, your records should back up your receipts in an orderly manner. Irsfreetax Elements of expenditure or use. Irsfreetax   Your records or other documentary evidence must support all the following. Irsfreetax 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. Irsfreetax 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. Irsfreetax The date of the expenditure or use. Irsfreetax The business or investment purpose for the expenditure or use. Irsfreetax   Written documents of your expenditure or use are generally better evidence than oral statements alone. Irsfreetax You do not have to keep a daily log. Irsfreetax 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. Irsfreetax Timeliness. Irsfreetax   You must record the elements of an expenditure or use at the time you have full knowledge of the elements. Irsfreetax 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. Irsfreetax   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. Irsfreetax Business purpose supported. Irsfreetax   Generally, an adequate record of business purpose must be in the form of a written statement. Irsfreetax However, the amount of detail necessary to establish a business purpose depends on the facts and circumstances of each case. Irsfreetax A written explanation of the business purpose will not be required if the purpose can be determined from the surrounding facts and circumstances. Irsfreetax 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. Irsfreetax Business use supported. Irsfreetax   An adequate record contains enough information on each element of every business or investment use. Irsfreetax The amount of detail required to support the use depends on the facts and circumstances. Irsfreetax 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. Irsfreetax   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. Irsfreetax Separate or combined expenditures or uses. Irsfreetax   Each use by you normally is considered a separate use. Irsfreetax However, you can combine repeated uses as a single item. Irsfreetax   Record each expenditure as a separate item. Irsfreetax Do not combine it with other expenditures. Irsfreetax 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. Irsfreetax If you combine these expenses, you do not need to support the business purpose of each expense. Irsfreetax Instead, you can divide the expenses based on the total business use of the listed property. Irsfreetax   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. Irsfreetax 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. Irsfreetax 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. Irsfreetax Minimal personal use (such as a stop for lunch between two business stops) is not an interruption of business use. Irsfreetax Confidential information. Irsfreetax   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. Irsfreetax You must keep it elsewhere and make it available as support to the IRS director for your area on request. Irsfreetax Substantial compliance. Irsfreetax   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. Irsfreetax   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. Irsfreetax By your own oral or written statement containing detailed information as to the element. Irsfreetax By other evidence sufficient to establish the element. Irsfreetax   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. Irsfreetax If the element is the business purpose of an expenditure, its supporting evidence can be circumstantial evidence. Irsfreetax Sampling. Irsfreetax   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. Irsfreetax Example 1. Irsfreetax Denise Williams, a sole proprietor and calendar year taxpayer, operates an interior decorating business out of her home. Irsfreetax 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. Irsfreetax There is no other business use of the automobile, but she and family members also use it for personal purposes. Irsfreetax She maintains adequate records for the first 3 months of the year showing that 75% of the automobile use was for business. Irsfreetax Subcontractor invoices and paid bills show that her business continued at approximately the same rate for the rest of the year. Irsfreetax 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. Irsfreetax Example 2. Irsfreetax 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. Irsfreetax 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. Irsfreetax The determination that her business/investment use of the automobile for the tax year is 75% rests on sufficient supporting evidence. Irsfreetax Example 3. Irsfreetax Bill Baker, a sole proprietor and calendar year taxpayer, is a salesman in a large metropolitan area for a company that manufactures household products. Irsfreetax For the first 3 weeks of each month, he occasionally uses his own automobile for business travel within the metropolitan area. Irsfreetax During these weeks, his business use of the automobile does not follow a consistent pattern. Irsfreetax During the fourth week of each month, he delivers all business orders taken during the previous month. Irsfreetax The business use of his automobile, as supported by adequate records, is 70% of its total use during that fourth week. Irsfreetax 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. Irsfreetax Loss of records. Irsfreetax   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. Irsfreetax 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. Irsfreetax Any deduction for a vehicle. Irsfreetax A depreciation deduction for any other listed property. Irsfreetax If you claim any deduction for a vehicle, you also must provide the information requested in Section B. Irsfreetax If you provide the vehicle for your employee's use, the employee must give you this information. Irsfreetax 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. Irsfreetax Vehicles used by your employees. Irsfreetax   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. Irsfreetax You maintain a written policy statement that prohibits one of the following uses of the vehicles. Irsfreetax All personal use including commuting. Irsfreetax Personal use, other than commuting, by employees who are not officers, directors, or 1%-or-more owners. Irsfreetax You treat all use of the vehicles by your employees as personal use. Irsfreetax 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. Irsfreetax 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. Irsfreetax Exceptions. Irsfreetax   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. Irsfreetax 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. Irsfreetax Prev  Up  Next   Home   More Online Publications