Discussion:Client wants a new car to lower profit

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

Jump to: navigation, search

Discussion Forum Index --> Basic Tax Questions --> Client wants a new car to lower profit
Discussion Forum Index --> Tax Questions --> Client wants a new car to lower profit

KCGuy (talk|edits) said:

27 October 2009
I have a client who will be making over $100k on Schedule C and is worried that Self-Employment tax will be too high..He asked me about buying a SUV for business use only..he does have a SUV (small one) right now and has been taking SMR for last 3 years...he will give the old one to his son and buy new one weighing 5800lbs...can he take a section 179 on the new purchase and take SMR on the old one for the miles he drove for this year...if he can, how much is maximum if the cost is $42k...

Belle (talk|edits) said:

October 28, 2009
I believe the SUV weight limit for § 179 is 14000 lbs GVW. (fondly known as the Hummer rule)

Pickup trucks with 6 foot beds = 6000 lbs GVW. Either way - 5800 lbs isn't going to work for § 179. But yes, I do believe SMR for the first vehicle and actual for the replacement vehicle is allowable.

Belle (talk|edits) said:

October 28, 2009
Well, now I'm rethinking my position (after a bit of reading). §280f doesn't apply to SUVs (check the definition of SUV - being built on a truck chassis is part of the mix). So §179 is limited to $ 25000 (times the business % of use). What I just read (NOT IRS code as I'm at home w/o my research materials) seems ambiguous about an SUV weighing less the 6000 lbs GVW - as in your example.

Sorry - maybe I've just confused you more!

Death&Taxes (talk|edits) said:

28 October 2009
Good lord, sounds like you are back in 1983-84 again, when come late fall, many many clients would call and ask for my blessing to buy a new car. First question should be, 'do you need this?' Second should be, 'have you maxed out your SEP/401K?' and finally, "are you hoping for another 'cash for clunkers' in 2017?"

CrowJD (talk|edits) said:

28 October 2009
When you buy one of these monstrosities, it's wise to hedge your bet by buying stock in one of the oil giants. That way, at least you're paying yourself for the privilege of driving the thing.

I recommended to our senior pastor the other day that our church buy a SUV to get in good with the Muslim's who've set up a prayer house around the corner. He's partial to vans though, on account of entertaining his girlfriends.

Wiles (talk|edits) said:

28 October 2009
Agree with D&T. Don't let the tail wag the dog.

Just ask those folks who invested in LP's in the 80's how that worked out for them.

Just ask those folks who attempted to hold their ISOs 12 months in 1999-2000 how that worked for them.

Or ask those folks who 1031 exchanged into a TIC in 2006-2007 how it is working out for them. Oh wait! They haven't yet realized that their investments are now hosed.

Unfortunately for us in this business, we will lose clients if we congratulate them about their profitability and recommend (after suggesting real solutions) that they are just better off paying the tax.

Death&Taxes (talk|edits) said:

28 October 2009
Here was my take from 2001 on the 'Gimme Shelter' questions:

http://www.writing.com/main/view_item/item_id/312669-MONEY-SCREAMS

Seaside CPA (talk|edits) said:

28 October 2009
If the SUV is built on a truck chassis and exceeds 6,000 pounds LOADED gross vehicle weight, you can take up to $25,000 in Section 179. If Loaded GVW is less than 6,000 pounds, you will be subject to the auto depreciation limits.

CrowJD (talk|edits) said:

28 October 2009
If he can get a contract hauling some of that TARP money around to the banks, that should put a pretty good load on his SUV.

The government requires you to put a sign on the back, saying "Free money, For Banks Only. Others Need Not Apply."

Belle (talk|edits) said:

October 28, 2009
...LOADED gross vehicle weight

Seaside CPA - so if the OP's client puts sand bags weighing 200 lbs in the back of the SUV, it would qualify?

I've been under the impression it's the manufacturers stated GVW that counts (the one on the label of the driver side door jamb).

I have clients who constantly add bells & whistles to their vehicles (like lumber/ski/luggage racks etc) that can boost the GVW. And you can always fill up the gas tank just before you go have the vehicle weighed - which is required in CA when registering a truck (or even an SUV if on a truck chassis.)

Of course, we are all missing a big point here....just filling that SUV up constantly with gas will lower profits!

Seaside CPA (talk|edits) said:

28 October 2009
It's my understanding that automobiles use the "unloaded" gross vehicle weight, but gross vehicle weight for trucks/vans/SUV's use "loaded" gross vehicle weight, as specified by the manufacturer. These weights should be listed in the owner's manual.

Jimi (talk|edits) said:

28 October 2009
Belle, I never heard of having to weigh a pickup, van or SUV before registering in California. Do the dealers do this when sold new?

Couple years ago a client was having a good year and I suggested if he was going to buy a truck, do before year end. He bought a truck and refers to it as the truck I TOLD him to buy.

Belle (talk|edits) said:

October 28, 2009
Seaside - good info, thanks.

Jimi - if you bring one in from out-of-state, you have to have it weighed (at least in my county....perhaps it's a county by county requirement). New ones, I do think the dealer takes care of it for you.

CrowJD (talk|edits) said:

28 October 2009
They sell a lot of them out there in California to work the farms. It's common to see one coming down the road with that medical marijuana smoke billowing out the window, and a drowsy but smiling fellow at the wheel.

Kevinh5 (talk|edits) said:

28 October 2009
=rauch13.gif

CrowJD (talk|edits) said:

28 October 2009
You got the idea, except I think that's his wife, having herself a toke while the old man pulls the new SUV into the garage.

Kevinh5 (talk|edits) said:

28 October 2009
well, here is what Lawrence Welk calls a 'modern spiritual' : http://www.youtube.com/watch?v=Ye3ecDYxOkg

Kevinh5 (talk|edits) said:

28 October 2009
you'll have to ask Fr. Magillicuddy if he uses it in his Lent mass.

Blrgcpa (talk|edits) said:

28 October 2009
If the profit wasn't so good, would he still have to purchase a new vehicle?

It sounds to me that he doesn't know what to do with his money and wants a new toy.

I'd first suggest a pension plan to lower the profit. It will serve him better in the long run.

Wiles (talk|edits) said:

28 October 2009
long run, schmong run. Where are you from? The 1950s? I say buy now, cancel debt later.

Davidcpa (talk|edits) said:

28 October 2009
Wiles - LOL! The ironic (sad, but ironic) thing is that I was talking to a client this morning. This is the same client that I spoke with in mid-Dec 2008 that wanted to buy the 2009 Range Rover.

"The the dealer says this is a once-in-a-lifetime opportunity. Last time for full depreciation. What do you think?" Well, ma'am, you already have a loss for 2008, the deduction really will not apply/help you.

"But....once-in-a-lifetime! Last chance! Ya know, the 2005 Escalade is getting old." Yeah, but you do have a loss already. You are under water on the Escalade loan by $12-13k. You will have to take a check for at least that to buy this thing. Business is way off. You are already carrying a lot of debt. You do not sound excited about 2009. AND, it is not going to help on your taxes. I just do not think this is the right thing to do now.

As you can guess, she bought it anyway. Roll the clock forward and business is WAY off. They made a total of 4 payments on the Rover. Now bank is talking about repo. Client asked me..."Can we at least write off the loss?" LOSS?!?! What loss? You will have COD income of probably $20+k.

Oh well, time for a PBR!

Wiles (talk|edits) said:

28 October 2009
Write off the loss!!! The bank lost, not you!

I got a client with $100K+ of NOL's, $300K of passive loss c/f, $70K of cap loss c/f, and $100K of investment interest c/f's. And he called last week to make to find out if BK would be better for him on his taxes than a short sale, even though it would hurt his credit more. You gotta be kidding me! Taxes? Credit? They are both zero.

Sorry, lack of sleep. Stock market down. Feeling punchy.

Kevinh5 (talk|edits) said:

28 October 2009
brand.gif

I hope he likes it.

or better yet, I hope you both like it.

http://www.youtube.com/watch?v=2UihIjK9xm4

CrowJD (talk|edits) said:

28 October 2009
Those commcericals remind me of a simpler time.

A lot of these guys form a company for the sole purpose of buying cars (of course, they're wrong, but it's the tax people that suffer for it). As they get older and fatter, naturally, their equipment get's smaller (or looks smaller), so they run to the car dealer for the biggest car they can buy.

Then, they criticize their wife or other for spending money on clothes and jewelry and what not.

Thank God, I was so blessed that even a larger wasteline has not dimished the size of my errr sedan. For this reason, I drive a used Yugo.

KCGuy (talk|edits) said:

29 October 2009
After reading all of your comments I am still not sure to tell my client...this is a very standard question but not sure how to answer for the 6000 lbs weight issue..$25k depreciation is available but not sure what for? thanks for your comments...

Blrgcpa (talk|edits) said:

29 October 2009
Be practical. Start a pension first. Then if there's cash left over, buy the car. It seems that the vehicle is burning a whole in both of your pockets.

Kevinh5 (talk|edits) said:

29 October 2009
a 'whole'?


BLRG, if you will read the discussion from the top down, you will see that you already gave great advice. Except for the part about the 'whole'. But we all make spelling mistakes - especially me.

Blrgcpa (talk|edits) said:

29 October 2009
I meant hole! Thanks!

Kevinh5 (talk|edits) said:

29 October 2009
believe me, spelling wasn't my strength in school

To join in on this discussion, you must first log in.