Using standard mileage for a car owned by my husband - we are in a community property state

[sahil-sethi]

We have one car at home -  under my husband's name (i.e. his name is on the registration). Both our names are on the insurance.

I use it for my work as an independent contractor (1099 trip). We live in WA which is a community property state 

Can i use standard mileage deduction on this car ? I have the miles logged for business, miles logged for commuting to my W2 workplace, and total miles logged separately. It would be very convenient if we could use standard mileage deduction. 

[MiriamF]

Yes, you may use the Standard Mileage Rate, as long as that's how you claimed vehicle expenses when you first started using this car for your business. It doesn't matter whether you own it or your husband.

IRS rules say that if you began using SMR when you first used the vehicle for business, then you may use either actual expenses or SMR in future years.

If you used actual expenses for the first year you used this vehicle for business, then you must always use actual expenses.

You may find the attached article about Business Use of Vehicles helpful.

[mattj68521]

Dose this apply to equitable distribution states as well?