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I. Pre Start-up/Assessing Your Business Idea II. Starting Your Business/Keeping Records III. Guidance for Special Types of Businesses IV. Hiring Employees V. Preparing Your Tax Return(s) and Information Returns VI.  Filing Your Returns and Paying Taxes - Including Electronic Options VII.  Post-Filing Issues VIII. Other Tax Issues of Interest IX. Index of Business Forms and Publications Including: Highlights of the New Tax Law Changes X. Changing Your Business or Getting Out of Business XI. Alerts and Tutorials XII. Directory of Internet and Other Resources
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Listed Property

Listed property includes property used for transportation orentertainment and certain computers and cellular phones. There areadditional rules and recordkeeping requirements you must follow whendepreciating listed property.

Listed Property Defined

Listed property is any of the following.

  • Any passenger automobile (defined later).
  • Any other vehicle used for transportation.
  • Any property of a type generally used for entertainment,recreation, or amusement.
  • Any computer and related peripheral equipment unlessit is used only at a regular business establishment and owned orleased by the person operating the establishment.
  • Any cellular telephone (or similar telecommunicationequipment).

Other vehicles used for transportation.This includes trucks, buses, boats, airplanes, motorcycles, andother vehicles used for transporting persons or goods.

Vehicles that are not listed property.The following vehicles, because of their design, are unlikely to beused very often for personal purposes. They are not listedproperty.

  • Tractors and other special purpose farm vehicles.
  • Bucket trucks (cherry pickers), dump trucks, flatbed trucks,and refrigerated trucks.
  • Combines, cranes and derricks, and forklifts.
  • Passenger buses with a capacity of at least 20 passengersthat are used as passenger buses.

Predominant Use Test

If you do not use listed property predominantly (more than 50%) ina qualified business use, you cannot take a section 179 deduction forthe property and you must depreciate the property using ADS (straightline method) over the ADS recovery period.

Listed property meets the predominant use test for any year if itsbusiness use is more than 50% of its total use. You must allocate theuse of any item of listed property used for more than one purposeduring the year among its various uses. You cannot use the percentageof investment use of listed property as part of the percentage ofqualified business use to meet the predominant use test. However, youdo use the combined total of business and investment use to figureyour depreciation deduction for the property.

TaxTip:

Property does not stop being predominantly used in a qualifiedbusiness use because of a transfer at death.

Special Rules for Passenger Automobiles

For passenger automobiles, the total depreciation deduction(including the section 179 deduction) you can claim is limited.

Passenger automobile defined.A passenger automobile is any four-wheeled vehicle made primarilyfor use on public streets, roads, and highways and rated at 6,000pounds or less of unloaded gross vehicle weight (6,000 pounds or lessof gross vehicle weight for trucks and vans). It includes any part,component, or other item physically attached to the automobile orusually included in the purchase price of an automobile.

Maximum deductions for 1999.Determine the maximum depreciation deduction (including section179) you can claim for a passenger automobile based on the date youplace it in service. The maximum deductions for 1999, based on theyear the automobile is placed in service, are shown in the followingtable.

Maximum Depreciation Deduction
for Passenger Automobiles
Year PlacedIn Service1stYear2ndYear3rdYear4th Year andLater
1999$3,060$5,000$2,950$1,775
19985,0002,9501,775
19973,0501,775
19961,775
19951,775
19941,675
Pre-19941,675

You must reduce these limits further if your business/investmentuse is less than 100%.

Exceptions for clean-fuel vehicles.There are two exceptions to the depreciation limits for passengerautomobiles. These exceptions are effective after August 5, 1997, forautomobiles that run on clean fuel.

The first exception is a higher depreciation deductionfor clean-fuel vehicles. The maximum deductions for 1999, based on theyear the clean-fuel vehicle is placed in service, are shown in thefollowing table.

Maximum Depreciation Deduction
for Clean-Fuel Vehicles
Year Placedin Service1stYear2ndYear3rdYear4th Year andLater
1999 $9,280$14,900$8,950$5,325
1998 15,0008,9505,425
19979,0505,425

The second exception is for any costs you pay toretrofit parts and components to modify an automobile to run on cleanfuel. These costs are not subject to the limits ondepreciation for automobiles. Only the cost of the automobile,excluding this modification, is subject to the limit.

For more information on clean-fuel vehicles, see chapter 15 inPublication 535,Business Expenses.

Fully depreciated automobile.If you have fully depreciated a car you are still using in yourbusiness, you can continue to claim your other operating expenses forthe business use of your car. Continue to keep records, as explainednext.

More information.For more information about deducting expenses for the business useof your passenger automobile, see chapter 4 in Publication 463.

What Records Must Be Kept

Files:

You cannot take any depreciation or section 179 deduction for theuse of listed property (including passenger automobiles) unless youcan prove business and investment use with adequate records orsufficient evidence to support your own statements.

Adequate records.To meet the adequate records requirement, you must maintain anaccount book, diary, log, statement of expense, trip sheet, or similarrecord or other documentary evidence that, together with the receipt,is sufficient to establish each element of an expenditure or use. Youdo not have to record information in an account book, diary, orsimilar record if the information is already shown on the receipt.However, your records should back up your receipts in an orderlymanner.

How long to keep records.For listed property, you must keep records for as long as anyexcess depreciation can be recaptured (included in income). Recapturecan occur in any tax year of the ADS recovery period.

For more information on records, see chapter 4 in Publication 946.

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