Rev. Proc. 2008-22

Rev. Proc. 2008-22

Rev. Proc. 2008-22

SECTION 1. PURPOSE

.01 This revenue procedure provides: (1) limitations on depreciation deductions for owners of passenger automobiles first placed in service by the taxpayer during calendar year 2008, including a separate table of limitations on depreciation deductions for trucks and vans; and (2) the amounts to be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2008, including a separate table of inclusion amounts for lessees of trucks and vans.

.02 The tables detailing these depreciation limitations and lessee inclusion amounts reflect the automobile price inflation adjustments required by § 280F(d)(7) of the Internal Revenue Code.

SECTION 2. BACKGROUND

.01 For owners of passenger automobiles, § 280F(a) imposes dollar limitations on the depreciation deduction for the year that the passenger automobile is placed in service by the taxpayer and each succeeding year. Section 280F(d)(7) requires the amounts allowable as depreciation deductions to be increased by a price inflation adjustment amount for passenger automobiles placed in service after 1988. The method of calculating this price inflation amount for trucks and vans placed in service in or after calendar year 2003 uses a different CPI “automobile component” (the “new trucks” component) than that used in the price inflation amount calculation for other passenger automobiles (the “new cars” component), resulting in somewhat higher depreciation deductions for trucks and vans. This change reflects the higher rate of price inflation that trucks and vans have been subject to since 1988.

.02 Section 103 of the Economic Stimulus Act of 2008, Pub. L. No. 110-185, 122 Stat. 613 (Feb. 13, 2008), amended § 168(k). As amended, § 168(k)(1)(A) provides a 50-percent additional first year depreciation deduction for certain new property acquired by the taxpayer after December 31, 2007, and before January 1, 2009, so long as no written binding contract for the acquisition of the property existed prior to January 1, 2008. The Act also amended § 168(k)(2)(F)(i) to increase the first year depreciation allowed under § 280F(a)(1)(A) by $8,000 for passenger automobiles to which the 50-percent additional first year depreciation deduction applies.

.03 Section 168(k)(2)(D)(i) provides that the 50-percent additional first year depreciation deduction does not apply to any property required to be depreciated under the alternative depreciation system of section 168(g), including property described in section 280F(b)(1). Further, section 168(k)(2)(D)(iii) permits a taxpayer to elect not to claim the 50-percent additional first year depreciation deduction for any class of property. Accordingly, this revenue procedure provides tables for passenger automobiles for which the 50-percent additional depreciation deduction applies and tables for passenger automobiles for which the 50-percent additional first year depreciation deduction does not apply, including passenger automobiles in a class of property for which the taxpayer “elects out” of the 50-percent additional first year depreciation deduction.

.04 For leased passenger automobiles, § 280F(c) requires a reduction in the deduction allowed to the lessee of the passenger automobile. The reduction must be substantially equivalent to the limitations on the depreciation deductions imposed on owners of passenger automobiles. Under § 1.280F-7(a) of the Income Tax Regulations, this reduction requires the lessees to include in gross income an inclusion amount determined by applying a formula to the amount obtained from a table. There is a table for lessees of trucks and vans and a table for all other passenger automobiles. Each table shows inclusion amounts for a range of fair market values for each taxable year after the passenger automobile is first leased.

SECTION 3. SCOPE

.01 The limitations on depreciation deductions in section 4.02(2) of this revenue procedure apply to passenger automobiles (other than leased passenger automobiles) that are placed in service by the taxpayer in calendar year 2008, and continue to apply for each taxable year that the passenger automobile remains in service.

.02 The tables in section 4.03 of this revenue procedure apply to leased passenger automobiles for which the lease term begins during calendar year 2008. Lessees of such passenger automobiles must use these tables to determine the inclusion amount for each taxable year during which the passenger automobile is leased. See Rev. Proc. 2002-14, 2002-1 C.B. 450, for passenger automobiles first leased before January 1, 2003, Rev. Proc. 2003-75, 2003-2 C.B. 1018, for passenger automobiles first leased during calendar year 2003, Rev. Proc. 2004-20, 2004-1 C.B. 642, for passenger automobiles first leased during calendar year 2004, Rev. Proc. 2005-13, 2005-1 C.B. 759, for passenger automobiles first leased during calendar year 2005, Rev. Proc. 2006-18, 2006-1 C.B. 645, for passenger automobiles first leased during calendar year 2006, and Rev. Proc. 2007-30, 2007-18 I.R.B. 1104, for passenger automobiles first leased during calendar year 2007.

SECTION 4. APPLICATION

.01 In General.

(1) Limitations on Depreciation Deductions for Certain Automobiles. The limitations on depreciation deductions for passenger automobiles placed in service by the taxpayer for the first time during calendar year 2008 are found in Tables 1 through 4 in section 4.02(2) of this revenue procedure. Table 1 of this revenue procedure provides limitations on depreciation deductions for a passenger automobile (other than a truck or van) for which the 50-percent additional first year depreciation deduction does not apply, including a passenger automobile (other than a truck or van) in a class of property for which the taxpayer elects out of the 50-percent additional first year depreciation deduction. Table 2 of this revenue procedure provides limitations on depreciation deductions for a passenger automobile (other than a truck or van) for which the 50-percent additional first year depreciation deduction applies. Table 3 of this revenue procedure provides limitations on depreciation deductions for a truck or van for which the 50-percent additional first year depreciation deduction does not apply, including a truck or van in a class of property for which the taxpayer elects out of the 50-percent additional first year depreciation deduction. Table 4 of this revenue procedure provides limitations on depreciation deductions for a truck or van for which the 50-percent additional first year depreciation deduction applies.

(2) Inclusions in Income of Lessees of Passenger Automobiles. A taxpayer first leasing a passenger automobile during calendar year 2008 must determine the inclusion amount that is added to gross income using the tables in section 4.03 of this revenue procedure. The inclusion amount is determined using Table 5 in the case of a passenger automobile (other than a truck or van), and Table 6 in the case of a truck or van. In addition, the procedures of § 1.280F-7(a) must be followed.

.02 Limitations on Depreciation Deductions for Certain Automobiles.

(1) Amount of the Inflation Adjustment. Under § 280F(d)(7)(B)(i), the automobile price inflation adjustment for any calendar year is the percentage (if any) by which the CPI automobile component for October of the preceding calendar year exceeds the CPI automobile component for October 1987. The term “CPI automobile component” is defined in § 280F(d)(7)(B)(ii) as the “automobile component” of the Consumer Price Index for all Urban Consumers published by the Department of Labor (the CPI). The new car component of the CPI was 115.2 for October 1987 and 135.169 for October 2007. The October 2007 index exceeded the October 1987 index by 19.969. The Internal Revenue Service has, therefore, determined that the automobile price inflation adjustment for 2008 for passenger automobiles (other than trucks and vans) is 17.33 percent (19.969/115.2 x 100%). This adjustment is applicable to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2008. The dollar limitations in § 280F(a) must therefore be multiplied by a factor of 0.1733, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations applicable to passenger automobiles (other than trucks and vans) for calendar year 2008. To determine the dollar limitations applicable to trucks and vans first placed in service during calendar year 2008, the new truck component of the CPI is used instead of the new car component. The new truck component of the CPI was 112.4 for October 1987 and 139.513 for October 2007. The October 2007 index exceeded the October 1987 index by 27.113. The Service has, therefore, determined that the automobile price inflation adjustment for 2008 for trucks and vans is 24.12 percent (27.113/112.4 x 100%). This adjustment is applicable to all trucks and vans that are first placed in service in calendar year 2008. The dollar limitations in § 280F(a) must therefore be multiplied by a factor of 0.2412, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations applicable to trucks and vans.

(2) Amount of the Limitation. For passenger automobiles placed in service by the taxpayer in calendar year 2008, Tables 1 through 4 contain the dollar amount of the depreciation limitation for each taxable year. Use Table 1 for a passenger automobile (other than a truck or van) placed in service by the taxpayer in calendar year 2008, for which the 50-percent additional first year depreciation deduction does not apply, including a passenger automobile (other than a truck or van) in a class of property for which the taxpayer elects out of the 50-percent additional first year depreciation deduction. Use Table 2 for a passenger automobile (other than a truck or van) placed in service by the taxpayer in calendar year 2008, for which the 50-percent additional first year depreciation deduction applies. Use Table 3 for a truck or van placed in service by the taxpayer in calendar year 2008, for which the 50-percent additional first year depreciation deduction does not apply, including a truck or van in a class of property for which the taxpayer elects out of the 50-percent additional first year depreciation deduction. Use Table 4 for a truck or van placed in service by the taxpayer in calendar year 2008, for which the 50-percent additional first year depreciation deduction applies.

REV. PROC. 2008-22 TABLE 1
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES(THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2008, FOR WHICH THE 50-PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY
------
Tax YearAmount
------
1st Tax Year$2,960
2nd Tax Year$4,800
3rd Tax Year$2,850
Each Succeeding Year$1,775
REV. PROC. 2008-22 TABLE 2
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES(THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2008, FOR WHICH THE 50-PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES
------
Tax YearAmount
------
1st Tax Year$10,960
2nd Tax Year$4,800
3rd Tax Year$2,850
Each Succeeding Year$1,775
REV. PROC. 2008-22 TABLE 3
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2008, FOR WHICH THE 50-PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY
------
Tax YearAmount
------
1st Tax Year$3,160
2nd Tax Year$5,100
3rd Tax Year$3,050
Each Succeeding Year$1,875
REV. PROC. 2008-22 TABLE 4
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2008, FOR WHICH THE 50-PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES
------
Tax YearAmount
------
1st Tax Year$11,160
2nd Tax Year$5,100
3rd Tax Year$3,050
Each Succeeding Year$1,875

.03 Inclusions in Income of Lessees of Passenger Automobiles.

The inclusion amounts for passenger automobiles first leased in calendar year 2008 are calculated under the procedures described in § 1.280F-7(a). Lessees of passenger automobiles other than trucks and vans should use Table 5 of this revenue procedure in applying these procedures, while lessees of trucks and vans should use Table 6 of this revenue procedure.

REV. PROC. 2008-22 TABLE 5
DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2008
---------------------
Fair Market Value of Passenger AutomobileTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & Later
---------------------
$18,500$19,0002042627384
19,00019,5002247718394
19,50020,00025537893106
20,00020,500275887102117
20,50021,000306395112128
21,00021,5003269103122139
21,50022,0003475111131151
22,00023,0003883123146167
23,00024,0004394139165190
24,00025,00048105155185212
25,00026,00053115172204235
26,00027,00058126188223257
27,00028,00063137204243279
28,00029,00068148220262302
29,00030,00073159236282324
30,00031,00078170252301347
31,00032,00083181268321368
32,00033,00088192284340391
33,00034,00093202301359414
34,00035,00098213317379436
35,00036,000103224333398459
36,00037,000108235349418481
37,00038,000113246365437503
38,00039,000118257381457525
39,00040,000123268397476548
40,00041,000128279413495571
41,00042,000133289430515593
42,00043,000137301446534615
43,00044,000142312462553638
44,00045,000147323478573659
45,00046,000152333495592682
46,00047,000157344511611705
47,00048,000162355527631727
48,00049,000167366543650750
49,00050,000172377559670772
50,00051,000177388575689794
51,00052,000182399591709816
52,00053,000187410607728839
53,00054,000192420624747862
54,00055,000197431640767884
55,00056,000202442657785906
56,00057,000207453673805928
57,00058,000212464689824951
58,00059,000217475705844973
59,00060,000222486721863996
60,00062,0002295027468921,029
62,00064,0002395247789311,074
64,00066,0002495468109701,118
66,00068,0002595678431,0081,164
68,00070,0002695898751,0471,209
70,00072,0002796119071,0861,253
72,00074,0002896339391,1251,298
74,00076,0002996549721,1641,342
76,00078,0003096761,0041,2031,387
78,00080,0003196981,0361,2421,432
80,00085,0003367361,0931,3091,511
85,00090,0003617911,1731,4061,623
90,00095,0003868451,2551,5031,734
95,000100,0004109001,3351,6001,846
100,000110,0004489811,4571,7452,014
110,000120,0004971,0901,6191,9392,238
120,000130,0005471,1991,7802,1332,462
130,000140,0005971,3081,9422,3272,685
140,000150,0006461,4172,1032,5212,910
150,000160,0006961,5262,2652,7153,133
160,000170,0007451,6352,4272,9083,357
170,000180,0007951,7442,5883,1033,581
180,000190,0008451,8532,7503,2963,805
190,000200,0008941,9622,9123,4904,028
200,000210,0009442,0713,0733,6844,252
210,000220,0009942,1793,2353,8784,476
220,000230,0001,0432,2893,3964,0724,700
230,000240,0001,0932,3973,5594,2654,924
240,000and up1,1422,5073,7204,4595,148
REV. PROC. 2008-22 TABLE 6
DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2008
---------------------
Fair Market Value of Truck or VanTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & later
---------------------
$19,000$19,5001737546573
19,50020,0002042637385
20,00020,5002248708496
20,50021,00025537993107
21,00021,500275986103118
21,50022,000306495112130
22,00023,0003372107128146
23,00024,0003883123147168
24,00025,0004394139166191
25,00026,00048105155186213
26,00027,00053116171205236
27,00028,00058127187225258
28,00029,00063138204243280
29,00030,00068148221263302
30,00031,00073159237282325
31,00032,00078170253301348
32,00033,00083181269321370
33,00034,00088192285340393
34,00035,00093203301360414
35,00036,00098214317379437
36,00037,000103225333399459
37,00038,000108235350418482
38,00039,000113246366437505
39,00040,000118257382457526
40,00041,000123268398476549
41,00042,000128279414496571
42,00043,000133290430515594
43,00044,000137301447534616
44,00045,000142312463553639
45,00046,000147323479573661
46,00047,000152334495592684
47,00048,000157345511612705
48,00049,000162356527631728
49,00050,000167366544651750
50,00051,000172377560670773
51,00052,000177388576689796
52,00053,000182399592709817
53,00054,000187410608728840
54,00055,000192421624748862
55,00056,000197432640767885
56,00057,000202443656787907
57,00058,000207453673806929
58,00059,000212464689825952
59,00060,000217475705845974
60,00062,0002244927298741,008
62,00064,0002345137629131,052
64,00066,0002445357949511,098
66,00068,0002545578269901,142
68,00070,0002645798581,0291,187
70,00072,0002746008921,0671,232
72,00074,0002846229241,1061,276
74,00076,0002946449561,1451,321
76,00078,0003046669881,1841,366
78,00080,0003146871,0211,2221,411
80,00085,0003317261,0771,2901,489
85,00090,0003567801,1581,3871,601
90,00095,0003818351,2381,4841,713
95,000100,0004058891,3201,5811,825
100,000110,0004439711,4401,7271,993
110,000120,0004921,0801,6021,9212,216
120,000130,0005421,1891,7642,1142,440
130,000140,0005921,2971,9262,3082,665
140,000150,0006411,4072,0872,5022,888
150,000160,0006911,5152,2492,6963,112
160,000170,0007401,6252,4102,8903,336
170,000180,0007901,7332,5733,0833,560
180,000190,0008401,8422,7343,2783,783
190,000200,0008891,9512,8963,4724,007
200,000210,0009392,0603,0583,6654,231
210,000220,0009892,1693,2193,8594,455
220,000230,0001,0382,2783,3814,0534,678
230,000240,0001,0882,3873,5424,2474,903
240,000and up1,1372,4963,7044,4415,126

SECTION 5. EFFECTIVE DATE

This revenue procedure applies to passenger automobiles (other than leased passenger automobiles) that are first placed in service by the taxpayer during calendar year 2008, and to leased passenger automobiles that are first leased by the taxpayer during calendar year 2008.

SECTION 6. DRAFTING INFORMATION

The principal author of this revenue procedure is Bernard P. Harvey of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding the depreciation limitations and lessee inclusion amounts in this revenue procedure, contact Bernard P. Harvey at (202) 622-4930 (not a toll-free call).

Disclaimer. This may not be the most current version of this information. Users should consult official sources to verify information on this site is recent and current. Marble does not warrant or represent the accuracy, completeness or reliability of the information contained on this site.