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Level 1
March 12, 2026
Question

LLC partnership with spouse

  • March 12, 2026
  • 1 reply
  • 219 views

My husband and I have an LLC partnership in CO. My husband purchased a 100% business work truck under his name to use for LLC work. Are we able to deduct this purchase under section 179 if the truck is not titled in the LLC name, but my husband's name (who is 50% owner of LLC partnership)? I am not getting a clear answer online if this is allowed. If we are not able to deduct it using section 179, are we able to deduct it somewhere else on our taxes?  

1 reply

Level 15
March 12, 2026

You cannot take depreciation, including the Section 179 allowance, on a car that is not owned by the business. You can reimburse the owner of the vehicle for the business use of it. If you do that, you must maintain an accountability plan wherein the owner submits a mileage report to substantiate the business use of the vehicle. If you maintain the accountability plan diligently, the company can deduct the reimbursement as auto expense and the owner of the vehicle does not have to enter those reimbursements on his tax return or pay tax on them. 

 

If you use such a plan, you typically reimburse the owner based on the IRS standard mileage rate, which is $0.70 per mile in 2025.

 

To learn more, you can see IRS Publication 463 and search for Accountable Plans.

 

 

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