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Model X IRS 100% Deduction “Hummer Loophole” - 2018 Edition

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If business use drops below 50% during 5 years, recapture kicks in. https://taxmap.irs.gov/taxmap2013/pubs/p946-023.htm#en_us_publink1000107524

Sorry, I did forget to mention the 50% rule.

Though I did think that document (PUB 946) also says that the recovery period for automobiles is 5 years. I've read that in multiple other places as well.

https://taxmap.irs.gov/taxmap2013/pubs/p946-036.htm#en_us_publink1000107772

What is the Recovery Period for my car if I only had it for about a year?
 
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Yeah, the 5 years is for the 50% business use. The $0 post deduction basis follows it till disposal.

correct! People don’t realize this. They’ll sell their fully depreciated business vehicle in 6, 7, even 10 years and then take a tax hit. Why? Because according to the IRS, a fully depreciated asset is worth $0. So anything you get for selling it is considered business profit. No such thing as a free lunch. If you want to truly maximize it, you’d have to sell it for $0!
 
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So if I'm reading all of this correctly- say I purchase in year 1 (like mid-December) and drive it 100% for business for a couple of weeks. I get full bonus depreciation for that year's taxes. In year 2, I can drop it down to >50% business use and not have to worry about recapture. The full bonus depreciation stays in effect.
 
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So if I'm reading all of this correctly- say I purchase in year 1 (like mid-December) and drive it 100% for business for a couple of weeks. I get full bonus depreciation for that year's taxes. In year 2, I can drop it down to >50% business use and not have to worry about recapture. The full bonus depreciation stays in effect.

The real question is what exactly are you driving it for when you say you're driving it for business. There's a lot of abuse of this particular loophole, I'm sure. If you're just commuting to the office, that won't cut it.
 
That is a important distinction many people miss. You can’t claim any mileage driving to and from your place of work to your residence or the reverse going to work. Commuting is considered personal use and goes on the wrong side of the ledger.
 
I’m creating a new thread on this issue since the old thread was about 2017 rules and got confusing. Since there’s been some confusion around this and I just typed the following up for someone else in a PM, thought I’d clarify the new rules under the Trump Tax Law that would enable up to 100% immediate tax deduction for a Model X — See below and if you want to reach me personally with any questions PM me or my email is hdhemmati at gmail dotcom:

I was totally clueless about this 179 deduction and bonus business depreciation business for heavy SUVs (>6000 pounds GVWR or “Hummer Loophole”). Then my uncle did it and then I discovered some friends did it too. I hired a tax attorney to give me an official opinion (paid her $150 for 30 min time on phone) so that I would have this documented and protect myself in case of issues down the line and prove that I did my diligence on it.

Basically, under the new Trump tax plan (Effective late September 2017 and valid through at least 2018), you get to deduct up to 100% of the Model X value off your taxes as a proportion of its BUSINESS use in the year you buy it without needing to depreciate over several years as before. For example, say you buy a Model X in May, and you use it 75% for professional work (consulting, wedding photographer, private doc, whatever you do) and 25% personal, and the car cost $100k including tax, you deduct $75k off your federal taxes (and an appropriate proportion off state based on your state rules - you have to depreciate the state component over 5 years in my state of CA) -- you might report a loss but that way you get $$ back year of the following years. The business to personal ratio has to be DOCUMENTED and believable and must exceed 50% to trigger. You can't say easily 100% unless you did what I did: I bought it 2nd to last week of December. I kept my old car until Jan 2. I drove the X ONLY for business and then left it alone in my garage until Jan 1. That way, I got to say 100% business! $100k car, after tax, ended up costing me $50k. Not bad, eh? You MUST have documentation in the form of a mileage log (handwritten) ideally supported by odometer readings using Tesla Service records. The IRS can (and often does) request the documentation at audit time.

Math was as follows:
Car after tax: $100,000
Section 179 Deduction: $25,000 (heavy vehicles only)
100% bonus depreciation: $100,000-$25,000 = $75,000 (new Trump tax plan effective late September 2017 and beyond; previously it was 50% bonus, which meant $37500, not $75,000)
Total write-off from federal taxes: $25,000 + $75,000 = $100,000 (100% of the car)
The key, therefore, is to keep business use to a maximum level in 2018 so you get the maximal deduction upfront.

I do my own taxes btw... This was relatively easy to do in TurboTax but some accountants aren’t yet up to speed on the Trump tax changes. You can get a loan and pay the loan off over time, but take the tax deduction RIGHT away. So I have a loan from tesla at 1.49% interest and I deduct the interest as well!! But the PRINCIPAL (the cost of the car + tax) got written off immediately!

Moreover, through all/most of 2018 you'll get $7500 off your taxes from federal government for having an EV, ON TOP of the 100% immediate tax deduction, making it even cheaper. That is on top of any state and local incentives you might be eligible for ($2500 from CA state and $500 from LA City for us). And if you order through a referral link from an existing Tesla owner, you get free lifetime supercharging access. :)

Happy to discuss with anyone here in more depth (PM or email me) -- all this depends on your tax situation etc so might be worthwhile confirming with accountant (if you have one) re your personal situation before taking the plunge. For what it's worth, I'm VERY happy I did! You'll LOVE your car as well. A lot of people on Tesla forums and TMC bent over backwards to help me make purchase decisions (battery, colors, options, etc) and we are all here to help you with your choices as well.

Good luck!
Hi, I’m brand new here as I’m in the market of buying a X mainly used for business use and have been researching A LOT about section 179 as well as bonus depreciation, but biggest factor is convincing my wife about purchasing a Model X. I’m not sure how to DM you privately, so if you can DM me that would be greatly appreciated as I have a few questions, especially as you file your own taxes.