Tax Guru – Ker$tetter Letter

Helping real people win the tax game.

Archive for March 31st, 2006

Sec 179 For Truck

Posted by taxguru on March 31, 2006

 

Q-1:

Subject: Sec. 179
 
Dear TaxGuru,
 
My husband and I have two sole proprietorships that is offset by his regular job salary.  One is a farm that does not make money, but keeps vets and blacksmiths busy and the other is a new classic car business.  We purchased a Ford F350 truck with crew cab that weighs 13000 lbs for the purpose of both businesses.
 
Does this truck qualify for the full purchase price of $47,000 to be written off in one year under the Sec. 179 2005 rules.  The truck was modifed to handle a gooseneck horse trailer, but also serves to pull a car trailer for restoration projects.
 
I am thinking that if the full amount can be written off, I should put it under the farm as farms are recognized as not money makers.  However, do I have the option of splitting the truck’s cost between the two companies.  Expenses are greater that profits for the car business as it takes a long time to restore the cars, find them, etc.  The farm could show a very modest profit ($1,000 or so) if I do not use all allowable deductions.
 
What is your suggestions, recognizing that I should consult a tax pro.
 
Thank you.

A-1:

Check out this post from last month.

Any deductions for the truck would have to be allocated to the various business schedules that you are using, based on miles driven.

If you are actually using the same facilities and equipment for both your farming and car operations, you should consult with a tax pro as to the feasibility of combining them on the same business schedule with your 1040.  It makes things a lot easier than having to split everything up.  That’s what I have been doing here for the past 12 years we have been living on this ranch for pretty much all sorts of different kinds of income (including sales of animals, hay, timber, jewelry and ceramics), except for my CPA work.  IRS has never had any problems with that.  

Good luck.

Kerry Kerstetter

Q-2:

Kerry,
 
Thank you for your quick response.  It sounds as though I should put the truck on the car business where the miles are at this time.  This would prevent me from reporting the mileage deduction, so do I need to show business miles in order to support the truck?
 
I wanted to confirm that my Ford F350 Crew Cab with a normal bed that a sheet of 4×8 plywood can fit into qualifies in 2005 for the full deduction of $47K?
 
Thanks again.

A-2:

As you noted earlier, you really need to be working on matters such as this with a tax pro so that you don’t screw things up on your own.

One of the most basic requirements for the Section 179 deduction is that the asset be placed into service before the end of the tax year.  For vehicles, this means that it must be driven for business reasons.

You will need to get the specs for the truck you are looking at and compare them with the dimensions as specified in the tax law for qualifying for the larger deduction.  In the post that I sent you earlier, the defining point was the length of the truck bed.  I researched that specific case because it was for a long-time client who actually paid me for that time. I do not have time to do this for you; especially right now, as we close in on the April 17 crunch date. 

I would be very careful of relying on the dealer’s claim that the vehicle meets the specs for Section 179.  I have seen dozens of cases where they will say anything the customer wants to hear just to make the sale, and the buyers are left holding the bag later on when they discover that the vehicle in fact didn’t meet the requirements, most often for the 6,000 pound weight threshold; but the bed length is also a key factor.  Needless to say, car dealers aren’t exactly known for standing behind their tax opinions when push comes to shove.  You would be much safer working with a tax pro who can make reliable determinations.

Good luck.  I hope this helps.

Kerry Kerstetter

 

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Changing Between C and S Corps

Posted by taxguru on March 31, 2006

 

Q:

Subject: S corp vs C Corp – HELP
 
Hi Kerry,
 
Thank you for the information.  I had started working with an accountant last year that told me some of this information (about C corp vs S corp), but she was not a CPA and unfortunately she abandoned me during my incorporation (didn’t return phone calls).    She recommended I start as an C corp. I was a sole proprietor (chiropractic offices -2 ) and was being eaten alive by Self employment taxes and also owe a significant amount of back taxes that has been compounded since one bad year in 2001 during which I was out of my practice for a couple of months from surgery and recovery and during which ex- stopped paying child support.  Now I keep paying back taxes and never getting caught up with current taxes.
 
The accountant that abandoned me thought that the different fiscal years and the shifting of funds might help me get caught up.  My  new accountant didn’t see things this way and changed me to an S corp in November.  He had an entirely different rationale that had  more to do with the double taxation.  Frankly, I’m highly confused and not sure where to turn.   He also said I could pay myself dividends and avoid some of the self employment tax.
 
What is your role?  Would you be able to look over my situation and make recommendations?  and at what cost? 
 
Sincere thanks for any light you can shed

A:

It’s not quite right that your accountant can change your corp from a C to an S on his own.  You have to sign the 2553 to request that change. 

It sounds as if you do need some competent assistance with.  I wish I could help you; but I already have too many clients to take care of; so we are not accepting any new ones at this time.

Unfortunately, we don’t have anyone else to whom we could refer you. If you haven’t already done so, you should check out my tips on how to select the right tax preparer for you. 

Good luck.

Kerry Kerstetter

 

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Starting Date For Sec. 121 Exclusion

Posted by taxguru on March 31, 2006

 

Q:

Subject: section 121
 
Kerry, I saw your article on the internet and would value your opinion on the following situation.  I purchased land to build on 2 years ago.  I built the home and moved in 1 year ago.  My mail has always gone to a PO box.  Could I sell my home based on the land purchase, or does the date I turned on the power at the new residence start my 2 years?  (I did not sell a home in the previous 2 years)

Thank you for your time,

A:

The two years for qualifying for the Section 121 tax free exclusion begins when you both own it and occupy it as your primary residence.  Unless you were living on the lot prior to and during construction (tent, motorhome, etc?), this couldn’t be possible until you actually moved into the completed house.

Kerry Kerstetter

Follow-Up:

Thank you for your response.  I just may contact you again if my accountant doesn’t feel confident about these issues.  I appreciate your time.
 
 

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Depreciating Property In Trust

Posted by taxguru on March 31, 2006

 

Q:

Subject: depreciating donated property

Hi Kerry,

Thanks for sharing obscure versions of George Harrison’s  Taxman.

Hopefully this question will have a quick answer.  I’ll be brief.

Can a piece of real estate that is donated to a land trust be depreciated by the land trust over 27.5 years?  The property is one acre of lakefront property on Lake Ontario with a single family residence.  I’m attempting to calculate the real costs after taxes if the trust were to hold the property unoccupied.

Thank you for continuing to provide a valuable source of information.

A:

If it is trust that files 1041s, the building portion of the cost should be able to be depreciated during the time it is being used to generate income based on the value used for the transfer into the trust.  Obviously no depreciation could be claimed while it sits vacant unless a sincere effort is underway to lease it.

I’m glad you like the TaxMan songs.  Sherry found a new live version by Nickel Creek last week and I was thinking of posting it.

Kerry Kerstetter

 

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