Rev. Proc. 2009-24

Rev. Proc. 2009-24

Rev. Proc. 2009-24

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 2009, 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 2009, 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 168(k)(1)(A) provides a 50 percent additional first year depreciation deduction for certain new property acquired by a taxpayer after December 31, 2007, and before January 1, 2010, if no written binding contract for the acquisition of the property existed before January 1, 2008. Section 168(k)(2)(F)(i) increases 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 § 168(g), including property described in § 280F(b)(1). Section 168(k)(2)(D)(iii) permits a taxpayer to elect to not claim the 50 percent additional first year depreciation deduction for any class of property. Section 168(k)(4) permits a corporation to elect to not claim the 50 percent additional first year depreciation deduction for all eligible qualified property (that is extension property or that is not extension property, as applicable) and instead to increase the business credit limitation under § 38(c) or the alternative minimum tax credit limitation under § 53(c). 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 or passenger automobiles that are eligible qualified property to which the § 168(k)(4) election applies.

.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 a lessee to include in gross income an inclusion amount determined by applying a formula to the amount obtained from a table. One table applies to lessees of trucks and vans and another table applies to 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 2009, 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 2009. Lessees of these 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, Rev. Proc. 2007-30, 2007-1 C.B. 1104, for passenger automobiles first leased during calendar year 2007, and Rev. Proc. 2008-22, 2008-12 I.R.B. 658, for passenger automobiles first leased during calendar year 2008.

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 2009 are in Tables 1 through 4 in section 4.02(2) of this revenue procedure.

(2) Inclusions in income of lessees of passenger automobiles. A taxpayer first leasing a passenger automobile during calendar year 2009 must determine the inclusion amount that is added to gross income using Tables 5 and 6 in section 4.03 of this revenue procedure. In addition, the taxpayer must follow the procedures of § 1.280F-7(a).

.02 Limitations on Depreciation Deductions for Certain Automobiles.

(1) Amount of the inflation adjustment.

(a) Passenger automobiles (other than trucks or vans). 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 new car component of the CPI was 115.2 for October 1987 and 134.837 for October 2008. The October 2008 index exceeded the October 1987 index by 19.637. The Internal Revenue Service has, therefore, determined that the automobile price inflation adjustment for 2009 for passenger automobiles (other than trucks and vans) is 17.05 percent (19.637/115.2 x 100%). This adjustment is applicable to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2009. The dollar limitations in § 280F(a) therefore must be multiplied by a factor of 0.1705, 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 2009.

(b) Trucks and vans. To determine the dollar limitations applicable to trucks and vans first placed in service during calendar year 2009, 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 133.640 for October 2008. The October 2008 index exceeded the October 1987 index by 21.24. The Service has, therefore, determined that the automobile price inflation adjustment for 2009 for trucks and vans is 18.90 percent (21.24/112.4 x 100%). This adjustment is applicable to all trucks and vans that are first placed in service in calendar year 2009. The dollar limitations in § 280F(a) therefore must be multiplied by a factor of 0.1890, 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 2009, 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 2009, 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 or a passenger automobile that is eligible qualified property to which the § 168(k)(4) election applies. Use Table 2 for a passenger automobile (other than a truck or van) placed in service by the taxpayer in calendar year 2009, 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 2009, 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 or a truck or van that is eligible qualified property to which the § 168(k)(4) election applies. Use Table 4 for a truck or van placed in service by the taxpayer in calendar year 2009, for which the 50 percent additional first year depreciation deduction applies.

REV. PROC. 2009-24 TABLE 1
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, 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. 2009-24 TABLE 2
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, 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. 2009-24 TABLE 3
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, FOR WHICH THE 50 PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY
------
Tax YearAmount
------
1st Tax Year$3,060
2nd Tax Year$4,900
3rd Tax Year$2,950
Each Succeeding Year$1,775
REV. PROC. 2009-24 TABLE 4
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, FOR WHICH THE 50 PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES
------
Tax YearAmount
------
1st Tax Year$11,060
2nd Tax Year$4,900
3rd Tax Year$2,950
Each Succeeding Year$1,775

.03 Inclusions in Income of Lessees of Passenger Automobiles.

The inclusion amounts for passenger automobiles first leased in calendar year 2009 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. 2009-24 TABLE 5
DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2009
---------------------
Fair Market Value of Passenger AutomobileTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & Later
---------------------
$18,500$19,000919283438
19,00019,5001021323843
19,50020,0001124364248
20,00020,5001227394654
20,50021,0001329435158
21,00021,5001531475564
21,50022,0001634506068
22,00023,0001738566676
23,00024,0002042647586
24,00025,0002247718496
25,00026,00024527893107
26,00027,000265885101117
27,00028,000296293110127
28,00029,0003167100119138
29,00030,0003372108128147
30,00031,0003577115137157
31,00032,0003882122146167
32,00033,0004087129155178
33,00034,0004292137163188
34,00035,0004497144172199
35,00036,00047102151181208
36,00037,00049107159189219
37,00038,00051112166199228
38,00039,00053117173208239
39,00040,00056122180216250
40,00041,00058127188225259
41,00042,00060132195234269
42,00043,00062137203242280
43,00044,00065141210252290
44,00045,00067146218260300
45,00046,00069151225269311
46,00047,00071157232278320
47,00048,00074161240286331
48,00049,00076166247296340
49,00050,00078171255304351
50,00051,00080176262313361
51,00052,00083181269322371
52,00053,00085186276331381
53,00054,00087191284339392
54,00055,00089196291349401
55,00056,00092201298357412
56,00057,00094206306365423
57,00058,00096211313375432
58,00059,00098216320384442
59,00060,000101221327393452
60,00062,000104228339406467
62,00064,000109238353424488
64,00066,000113248368441509
66,00068,000118258382459529
68,00070,000122268397476550
70,00072,000127277413493570
72,00074,000131288427511590
74,00076,000136297442529610
76,00078,000140307457546631
78,00080,000145317471564651
80,00085,000152335497595686
85,00090,000164359534639737
90,00095,000175384570683789
95,000100,000186409607727839
100,000110,000203446662793916
110,000120,0002264957368811,018
120,000130,0002485458099701,119
130,000140,0002715948831,0581,220
140,000150,0002936449561,1461,322
150,000160,0003166931,0301,2341,424
160,000170,0003387431,1031,3221,526
170,000180,0003617921,1771,4101,628
180,000190,0003838421,2501,4981,730
190,000200,0004068911,3241,5861,831
200,000210,0004289411,3971,6751,932
210,000220,0004519901,4711,7622,035
220,000230,0004731,0401,5441,8512,136
230,000240,0004961,0891,6181,9392,238
240,000And up5181,1391,6912,0272,340
REV. PROC. 2009-24 TABLE 6
DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2009
---------------------
Fair Market Value of Electric AutomobileTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th and Later
---------------------
$18,500$19,000817253035
19,00019,500919293540
19,50020,0001022333845
20,00020,5001125364350
20,50021,0001227404855
21,00021,5001330435260
21,50022,0001532475666
22,00023,0001636526472
23,00024,0001841607283
24,00025,0002145688193
25,00026,00023507590103
26,00027,00025568298114
27,00028,000276189107124
28,00029,000306597116134
29,00030,0003270104125144
30,00031,0003475112134154
31,00032,0003680119143164
32,00033,0003985126151175
33,00034,0004190134160184
34,00035,0004395141169195
35,00036,00045100148178205
36,00037,00048105155187215
37,00038,00050110163195226
38,00039,00052115170204236
39,00040,00055120177213246
40,00041,00057125185221256
41,00042,00059130192231266
42,00043,00061135199240276
43,00044,00064139207249286
44,00045,00066144215257296
45,00046,00068149222266307
46,00047,00070155229274317
47,00048,00073159237283327
48,00049,00075164244292338
49,00050,00077169251301348
50,00051,00079174259310357
51,00052,00082179266318368
52,00053,00084184273328378
53,00054,00086189281336388
54,00055,00088194288345399
55,00056,00091199295354408
56,00057,00093204302363419
57,00058,00095209310371429
58,00059,00097214317381439
59,00060,000100219324389450
60,00062,000103226336402465
62,00064,000107236351420485
64,00066,000112246365438505
66,00068,000116256380455526
68,00070,000121266394473546
70,00072,000125276409491566
72,00074,000130286423509586
74,00076,000134296438526607
76,00078,000139305454543627
78,00080,000143316467561648
80,00085,000151333493592684
85,00090,000163357531635735
90,00095,000174382567680785
95,000100,000185407604724836
100,000110,000202444659790912
110,000120,0002254937338781,014
120,000130,0002475438069661,116
130,000140,0002705928801,0541,218
140,000150,0002926429531,1431,319
150,000160,0003156911,0271,2301,421
160,000170,0003377411,1001,3191,522
170,000180,0003607901,1741,4071,624
180,000190,0003828401,2471,4951,726
190,000200,0004058891,3211,5831,828
200,000210,0004279391,3941,6711,930
210,000220,0004509881,4681,7592,031
220,000230,0004721,0381,5411,8472,134
230,000240,0004951,0871,6151,9352,235
240,000and up5171,1371,6882,0242,336

SECTION 5. EFFECTIVE DATE

This revenue procedure applies to passenger automobiles (other than leased passenger automobiles) that are first placed in service by a taxpayer during calendar year 2009, and to leased passenger automobiles that are first leased by a taxpayer during calendar year 2009.

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 this revenue procedure, contact Mr. Harvey at (202) 622-4930 (not a toll-free call).

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