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bfranc
New Member

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

 
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7 Replies

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

Are you filing a joint return?
Carl
Level 15

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

Is your wife an owner of the business who files a SCH C or is listed on a 1065 partnership return as an owner? Or is she a W-2 employee of the business? Maybe she's a 1099-MISC contractor for the business?
bfranc
New Member

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

She was paid $500, so not needed to file a 1099-MISC even though I consider her a contractor for the business
Carl
Level 15

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

The "she" can deduct vehicle expenses from "HER" SCH C. She has to file her own SCH C to do that, since she was an independent contractor for you.
I can tell you right now it's an absolute waste of time. There's no way her vehicle expenses would be enough to make any difference what-so-ever on your joint tax return. (Maybe a dollar if you're lucky). But since you paid her more than $400 as an independent contractor, she has to report it on SCH C and she must pay the additional self-employment tax on that income, in addition to any regular income tax that would be assessed.

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

Firstly, even though you paid her less than $600 as a subcontractor, she is still required by law to report that as self-employment income and pay taxes.  You may get away with not reporting it but that doesn't make it right.

As to the use of a personal vehicle partly for work, it depends on if you are preparing a business return (1065 or 1120) or if you are preparing a persona return with a schedule C.  If you are preparing a schedule C and if you use "your" personal vehicle partly for work, you can deduct your work expenses using either the standard mileage rate method or the actual expense method, presuming you have the necessary records and logs.

For income tax purposes, if you are married filing a joint return, then you are treated (for tax purposes) as joint owners of all your personal and real property, even if the title is in only one person's name.  If you drive your wife's car as part of your work, you can include your wife's car as a second vehicle on your schedule C and deduct the expenses by the usual methods, assuming you have the necessary documentation.

But if she drove the car for work against her $500 of income while you drove a different car for work against your income, then she would have to deduct the expense on her own schedule C.

However, if you are preparing a business return, you can't directly deduct expenses for any personal vehicle, but you can reimburse yourself for the business use of your vehicle and the reimbursement is a business expense.  Then the reimbursement is either taxable or non-taxable to you personally depending on which set of reimbursement rules you followed.

Carl
Level 15

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

There's a contradiction here too. IN the initial post it's stated she did not receive compensation. Then you state she was paid $500 as a sub-contractor. If you paid her, she was compensated. Therefore you as the payor have no claim to her car.
T01
New Member

Can I add my wife's car as business use if my wife helped me with business but didn't receive compensation? Can I deduct the use of her car as a business expense?

yes

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