The gas and insurance were paid for by S corps credit card and are expensed on the books. Is that ok for the S corp to take the deduction on the 1120S? These expenses are not included on his w-2. What if anything does the shareholder need to do on his personal tax return regarding this?
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The S-corp can reimburse the employee expenses under an accountable plan or a non-accoutable plan. Either way, the expenses are deductible business expenses, but the rules are different.
Under an accountable plan, the business only reimburses expenses that are proved by receipts and other documentation. The reimbursements are not taxable income to the employee and are not reported on the W-2. The employee can't deduct the expense on their tax return since they were reimbursed tax-free.
The business can reimburse at the IRS standard mileage rate, which includes allowances for all car expenses (wear and tear, maintenance, gas, insurance, etc.) The proof needed then would be a mileage diary or log showing the date, business purpose of the trip, and miles driven. The business needs to see the mileage records in a timely fashion (for example, once a month). The business can provide reimbursements in advance of travel, but it must eventually see the records and reconcile the expense (the employee must pay back any excess). Also note the standard mileage method only applies to passenger vehicles with a gross weight of less than 6,000 pounds.
Or, the business can reimburse using the actual expense method. The business would reimburse actual expenses for gas, insurance, repairs etc. The business does not have to reimburse for every expense (you could reimburse gas and insurance and not tires and oil changes, for example) but for any expenses the business does reimburse, it must have adequate proof. Adequate proof means you need to see all the receipts for the expenses you will cover (gas, insurance, maintenance, repairs). You also need the total vehicle mileage for the year (so you can determine the # of business miles and the # of personal miles), and a log book of all the business trips. You compute the percentage of business miles driven out of the total and that is the percentage of expenses you can reimburse tax-free. You can make estimated reimbursements during the year but you have to reconcile it or "true it up" at the end of the year. (Without a complete record of all business miles and all personal miles, there is no way to prove what percent of the insurance and maintenance you should be paying.) If the employee has expenses that were not reimbursed, they can claim them as a work expense on form 2106 as an itemized deduction subject to the 2% rule.
You may not be keeping all the paperwork needed to document the expenses under an accountable plan.
If you use a non-accountable plan, then the business does not need to keep or see any car records. You can reimburse any amount you want, from below the IRS standard rate, or above the IRS standard rate, or for gas and insurance but not oil changes, or anything else you want to pay for. All the reimbursements get included in the employee's box 1 W-2 wages and are subject to income and employment tax withholding. Then, the employee is responsible for keeping their own mileage diary and expense records, and claiming either the standard mileage rate or the actual expense method on their tax return as an itemized deduction subject to the 2% rule. The S-corp doesn't need to know or care what the employee does with the money.
The non-accountable plan is less beneficial to the employee because of the 2% rule. The accountable plan is more beneficial to the employee but requires that the business obtain and keep accurate records which include a diary showing the date, time and purpose of each trip (for the standard rate method), or the diary plus all expense receipts plus the total vehicle milage for the year (for the actual expense method).
Can depreciation be included in the actual expenses method under an accountable plan?
Can depreciation be included in the actual expenses method under an accountable plan?
No. Because depreciation is *NOT* a permanent deduction. All depreciation taken must be recaptured in the year the depreciable asset is sold or otherwise disposed of. That recaptured depreciation is then taxed in the year of recapture. Additionally, that recaptured depreciation adds to the bottom line AGI also, which can put one into a higher tax bracket potentially. But even if it does, recaptured depreciation itself is capped at being taxed at no more than 25%.
Hmm I don't totally follow this. According to:
https://www.irs.gov/taxtopics/tc510 :
"Actual Expenses - To use the actual expense method, you must determine what it actually costs to operate the car for the portion of the overall use of the car that's business use. Include gas, oil, repairs, tires, insurance, registration fees, licenses, and depreciation (or lease payments) attributable to the portion of the total miles driven that are business miles."
This would suggest that I can reimburse under an accountable plan actual expenses and depreciation equivalent.
I understand that depreciation is recaptured in the year the asset is sold.
What have I missed here?
Basically, if the vehicle is less than 100% business use, you'll find it absolutely impossible to prove the actual costs to operate the vehicle for the business use percentage. That's why you use the per-mile deduction. For 2019 the per-mile deduction is $0.58 per mile for business use. That per-mile deduction includes depreciation.
But I don't see why anyone gets concerned about vehicle depreciation. Chances are when you sell the car, what you get for it won't come anywhere even close to the adjusted cost basis. (what you paid for it, minus depreciation taken) So in the end, you don't pay any tax on the recaptured deprecation. Even after recapturing the depreciation, you'll still be disposing of the vehicle at a loss.
If it's a vehicle owned by the business, then the business can deduct the loss.
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