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

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It's definitely not a small difference although I think that, for a point of reference real estate agents can probably chime in on how exactly is the best way to set things up..

My CPA's letter:

I want to inform you that buying a luxury car over $100k in the company’s name can be a red flag and there are limitations on deductions for luxury cars. Company or personal cars used for business are usually in the $20-40k range, like a Toyota Camry or Tesla Model 3. Business expenses, to be deductible, must be ordinary and necessary and luxury car doesn’t meet the ordinary cost criteria. In this situation, it would be better to register the car in your own name. Taking Section 179 deduction and depreciation on a 100k luxury car can also be a red flag.

Any idea, anyone?
 
My CPA's letter:

I want to inform you that buying a luxury car over $100k in the company’s name can be a red flag and there are limitations on deductions for luxury cars. Company or personal cars used for business are usually in the $20-40k range, like a Toyota Camry or Tesla Model 3. Business expenses, to be deductible, must be ordinary and necessary and luxury car doesn’t meet the ordinary cost criteria. In this situation, it would be better to register the car in your own name. Taking Section 179 deduction and depreciation on a 100k luxury car can also be a red flag.

Any idea, anyone?

1. It's a long range EV (category other than just luxury)
2. My understanding is realtors/ sales types have lux cars often.
3. Keep good milage logs and you are fine on the business use
4. Lux car with high enough GVWR are rare
5. Double check if you would be better off claiming the standard milage rate instead if depreciation, esp with depreciation recapture when the X is later sold
6. It's not being claimed as a business expense, it is a depreciable item (heavy good?). Totally in line with the rules
 
My CPA's letter:

I want to inform you that buying a luxury car over $100k in the company’s name can be a red flag and there are limitations on deductions for luxury cars. Company or personal cars used for business are usually in the $20-40k range, like a Toyota Camry or Tesla Model 3. Business expenses, to be deductible, must be ordinary and necessary and luxury car doesn’t meet the ordinary cost criteria. In this situation, it would be better to register the car in your own name. Taking Section 179 deduction and depreciation on a 100k luxury car can also be a red flag.

Any idea, anyone?

Perhaps a new accountant? at least a second opinion.
 
google search:

"The IRS Will Process Your Tax Refund During the Government Shutdown. Probably. ... In a plan issued Tuesday, the IRS said it is bringing back more than 46,000 employees, about 57% of its workforce, for tax filing season, which kicks off Jan. 28.1"

May have few to review your filing. You probably get some 10 year $150,000,000,000 Trump tax cut
[$1,500,000,000,000 over 10 years] Not to worry, Congress will steal SS money from those that earn a wage.
The unearned income crowd has nothing to worry about - except markets and value of the US dollar, I think./
 
I was unable to put my my S-Corp name under the title and note of my Model X when I purchased in September 2018. U.S. Bank would not approve the loan. I had to take title under my personal name only.

Am I still allowed to use the Sec 179 deduction when I file my 2018 taxes?
 
1. It's a long range EV (category other than just luxury)
2. My understanding is realtors/ sales types have lux cars often.
3. Keep good milage logs and you are fine on the business use
4. Lux car with high enough GVWR are rare
5. Double check if you would be better off claiming the standard milage rate instead if depreciation, esp with depreciation recapture when the X is later sold
6. It's not being claimed as a business expense, it is a depreciable item (heavy good?). Totally in line with the rules

as well as lawyers hopefully
 
I was unable to put my my S-Corp name under the title and note of my Model X when I purchased in September 2018. U.S. Bank would not approve the loan. I had to take title under my personal name only.

Am I still allowed to use the Sec 179 deduction when I file my 2018 taxes?
That's weird. I bought my MX 75D in December 2018, with a loan from US Bank (through Tesla Finance, of course) - with the vehicle titled to my corp. Did you go directly to US Bank for them to deny the loan?
 
As a Sub-S Corp small business, I went through an IRS audit on my business a year ago and let me tell you - you do NOT want to do anything to red flag the IRS. Do you really want to have the IRS agent camped out in your office for many days going through every record, looking at every receipt and asking a thousand questions? Then, when your CPA gets involved which they inevitably will their bill runs into the thousands of dollars. It's not worth it. Because when they come looking for one thing, they get to looking at everything. Why is that other iPhone you are deducting have your wife's phone number on it, does she work for the business? Yes? Where are her pay stubs? Where are the FICA taxes you paid on her? Oh, and your fuel receipts don't all add up for the vehicles you have in your fleet based on miles driven, have you been using using your company credit card to fuel a personal vehicle? It goes on and on and on.

Do yourself a favor and keep your 179 deduction legit (I have two vehicles in my business, a Ford Transtar 250 Cargo Van and an Isuzu NQR diesel Box Truck, neither of which anyone is going to drive for anything but business and they didn't look twice at those).

I noted one cavalier comment in this thread that "if you are legal there is nothing to worry about." That person has never had an IRS audit I'm willing to wager. Do not dismiss these and don't roll the dice. That's an area you don't want to fool around in. IRS business audits are the most miserable thing I have experienced in thirty-five years of business and it consumed about 150 hours of my time which diverted me from doing business.

Don't buy a Model X for business and expect to use it for personal use. Big, big mistake.
 
Don't buy a Model X for business and expect to use it for personal use. Big, big mistake.
Was you wife not properly recorded? Were you using the company card for personal gas? Was the audit triggered by more than one thing?

As long as you log mileage (there are cell phone apps for that) and stay 100% for business the first year (was easy with the buy in December route) and >50% every year after, the IRS has nothing to ding you on (at least for the X)

Going with the standard mileage deduction instead of depreciation is likely a lower risk/records approach.
 
As a Sub-S Corp small business, I went through an IRS audit on my business a year ago and let me tell you - you do NOT want to do anything to red flag the IRS. Do you really want to have the IRS agent camped out in your office for many days going through every record, looking at every receipt and asking a thousand questions? Then, when your CPA gets involved which they inevitably will their bill runs into the thousands of dollars. It's not worth it. Because when they come looking for one thing, they get to looking at everything. Why is that other iPhone you are deducting have your wife's phone number on it, does she work for the business? Yes? Where are her pay stubs? Where are the FICA taxes you paid on her? Oh, and your fuel receipts don't all add up for the vehicles you have in your fleet based on miles driven, have you been using using your company credit card to fuel a personal vehicle? It goes on and on and on.

Do yourself a favor and keep your 179 deduction legit (I have two vehicles in my business, a Ford Transtar 250 Cargo Van and an Isuzu NQR diesel Box Truck, neither of which anyone is going to drive for anything but business and they didn't look twice at those).

I noted one cavalier comment in this thread that "if you are legal there is nothing to worry about." That person has never had an IRS audit I'm willing to wager. Do not dismiss these and don't roll the dice. That's an area you don't want to fool around in. IRS business audits are the most miserable thing I have experienced in thirty-five years of business and it consumed about 150 hours of my time which diverted me from doing business.

Don't buy a Model X for business and expect to use it for personal use. Big, big mistake.

I hope you received a no-change letter--seriously.

In my experience, audits arise in three areas: (1) training for new auditors. Those are usually fairly simple returns to give the rookie an understanding how things work. (2) data mining. A number of returns of similar ilk (S-Corp in your case) and similar industry and similar geography are audited fairly extensively to see how compliant the taxpayers are. The results are then analyzed to determine if there needs to be an increase in audits for companies like these. This is like the local police observing drivers and their habits to determine if certain intersections need more enforcement for people running red lights or speeding or not yielding to pedestrians. (3) one or two items on a particular return raise enough audit potential to warrant further investigation.

I usually have a good idea why a return was selected for audit. I generally wait until the audit is nearly wrapped up before asking the agent why this return was selected. I would hope that your accountant did likewise.

It sounds to me that your audit fell into either (2) or (3). The auditor's document request list should have addressed many of the issues that you indicated, and you should have had 2-3 weeks to gather the information requested. But it looks to me that there have been issues with other S-Corps in your area or industry with unreasonable/insufficient compensation for owner and spouse and untaxed fringe benefits like phones and automobile usage. If there is one thing about accountants like me and our adversarial tax examiners is that we understand human nature. The cleaner the record keeping and the ease of verification go a long way towards giving the client or taxpayers the benefit of the doubt. Sloppy record keeping, missing invoices, and unreconciled items do just the opposite, and it keeps us digging and digging.

I sympathize with your plight. Audits are never warm and fuzzy experiences. Thank you for sharing your story.
 
Was you wife not properly recorded? Were you using the company card for personal gas? Was the audit triggered by more than one thing?

As long as you log mileage (there are cell phone apps for that) and stay 100% for business the first year (was easy with the buy in December route) and >50% every year after, the IRS has nothing to ding you on (at least for the X)

Going with the standard mileage deduction instead of depreciation is likely a lower risk/records approach.


If u properly document what % is personal use vs business, there is no problem if IRS wants to poke around. The 179 rule has been around for years and is not even considered a "red flag" anymore. If someone gets audited, it wont be because they got an X under the 179 deduction