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Sold Car / Paid Off Loan - Is it really an asset when car loan present?

 

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Sold Car / Paid Off Loan - Is it really an asset when car loan present? Justin 02-02-2007
Posted by Victor Roberts on February 13, 2007, 6:00 pm
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> You're missing the main point. If the car was solely used
> for personal use, the OP could not have taken any deductions
> for it, not actual expenses and depreciation, nor as an
> alternative the standard mileage rate. Since she did use it
> 3/4 for business-use, and since she did take the standard
> mileage deduction, it necessarily relates to her business
> affairs.

It seems you were replying to my post, so ....

If the car is owned or leased by the employee and is
therefore NOT owned by the business but is used part time
for business purposes, isn't the employee allowed to claim
the IRS Standard Mileage Rate in lieu of the proportional
amount of gas, depreciation, insurance, etc. ?

> Second, since it was used in her business, when she sells
> the car she must recapture any depreciation she took, either
> directly or indirectly via the standard mileage deduction,
> to the extent of the lesser of her gain or the amount of
> depreciation allowed.

Since the car is not owned by the business AND only the IRS
Standard Mileage Rate was used by the employee to recover
the costs of using their personal car for business purposes,
my reading of Pub 463 is that the sale of the car is not a
tax event of any kind.

When you state that the OP must recover depreciation do you
mean for a personally-owned or leased car for which the only
deduction was the IRS Standard Mileage Rate?

--
Vic Roberts
Replace xxx with vdr in e-mail address.

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Posted by taxxcpa on February 6, 2007, 10:36 pm
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Justin wrote:

> I'm deducting mileage on form 2106. I'm a traveling music
> teacher, I commute to an office and from there am sent to
> various places to teach.
>
> It is my understanding that my mileage accrued during the
> work day (after arriving at the office) is deductible. I
> travel 30,000 miles a year during the workday outside of my
> commute to the office. This adds up to a very sizeable
> deduction. I am no reimbursed for any travel expenses except
> tolls.
>
> The car I use is for both business and personal, with only
> about 10,000 miles a year being for personal. I sold the car
> this year and bought another car. Turbotax is taking the
> $4000 I sold the car for and counting as income, which is
> reducing my refund by over $600. I owed $4500 on the car
> when I sold it for $4000. It is not like this money was
> "profit" or "free and clear".
>
> Form 2106 is clear cut and says "Date Vehicle Sold" and
> "Sale Price". After entering these fields, Turbotax reduces
> over $600 in my rebate. It never asks wether there was a car
> loan?
>
> If it matters, I do not depreciate the car as an asset. I
> just take the mileage deduction each year.

If you sold it; i.e. did not trade it in on the new car then
your gain would be the sales price minus your 'adjusted
basis.' Your basis would be the original total
cost(including the loan) minus depreciation allowable. If
you paid $ 20,000 for the old car and sold it for $ 10,000
and had allowable depreciation of $ 5000, your adjusted
basis would be $15,000 and you would have a $5000 loss--but
only the business percent of the loss would be deductable.
If you had a gain, the gain up to the amount of depreciation
would be ordinary income and any additional gain would be a
capital gain.

If the sale and purchase were considered as a trade-in, the
gain or loss would not be reported, but would be an
adjustment to the basis of the new car.

You may need to consult a CPA in order to get this all
clarified and correctly reported. Turbo tax cannot do your
taxes correcgtly unless you know how to input the figures.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
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<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Victor Roberts on February 8, 2007, 8:17 am
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Justin"

> I'm deducting mileage on form 2106. I'm a traveling music
> teacher, I commute to an office and from there am sent to
> various places to teach.

[snip]

> If it matters, I do not depreciate the car as an asset. I
> just take the mileage deduction each year.
>
> Any help would be greatly appreciated, thanks.

Is this your personal car or a "business" car. That is, did
you deduct the purchase price as a business expense when you
purchased the car?

If the cost of price of the car was never deducted as a
business expense I believe my previous answer is correct -
the sale of the car has no business tax impact if you have
been taking the Standard Mileage Rate.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Katie on February 17, 2007, 5:36 am
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>> To all whom I have offended, my sincere apologies.

> I doubt anyone was offended. Sometimes it's just hard to
> follow what's going on if you don't quote what you are
> responding to.

>> The site I generally go through,www.talkabouttaxes.com,
>> does not (as far as I can tell) provide a quotation
>> mechanism for the post that is being responded to.
>> Typically, I try to do cut-n-paste for the material I'm
>> responding to, but I don't always remember to do so.

> If you use groups.google.com there's an option that
> automatically quotes. Or you could use a real news reader -
> check outhttp://news.individual.net/- the cost is nominal
> and they do a great job. (Well, they don't carry any of the
> binary groups, so no photos. But aside from that.)

Actually, the regular "reply" function in Google Groups
automatically quotes the prior post now. That's fairly new.

Katie in San Diego

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by Ernie Klein on February 18, 2007, 4:09 am
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> Actually, the regular "reply" function in Google Groups
> automatically quotes the prior post now. That's fairly new.

Yes. It took a _lot_ of complaining from a _lot_ of us long
time usenet users to get them to change the default mode.

--
-Ernie-

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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