Rev. Proc. 2011-21

Rev. Proc. 2011-21
in: Rev. Proc. 2011-21

Rev. Proc. 2011-21

SECTION 1. PURPOSE

This revenue procedure provides: (1) limitations on depreciation deductions for owners of passenger automobiles first placed in service by the taxpayer during calendar year 2011, including separate tables of limitations on depreciation deductions for trucks and vans; (2) the amounts that must be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2011, including a separate table of inclusion amounts for lessees of trucks and vans; and (3) revised tables of depreciation limitations and lessee inclusion amounts for passenger automobiles that were first placed in service or first leased by the taxpayer, respectively, during 2010 and to which the 50 percent additional first year depreciation deduction under § 168(k)(1)(A) of the Internal Revenue Code or the 100 percent additional first year depreciation deduction under § 168(k)(5) applies. The tables detailing these depreciation limitations and lessee inclusion amounts reflect the automobile price inflation adjustments required by § 280F(d)(7).

SECTION 2. BACKGROUND

.01 For owners of passenger automobiles, § 280F(a) imposes dollar limitations on the depreciation deduction for the year the taxpayer places the passenger automobile in service and for each succeeding year. For passenger automobiles placed in service after 1988, § 280F(d)(7) requires the Internal Revenue Service to increase the amounts allowable as depreciation deductions by a price inflation adjustment amount. 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 for trucks and vans since 1988.

.02 Section 2022(a) of the Small Business Jobs Act of 2010, Pub. L. No. 111-240, 124 Stat. 2504 (September 27, 2010), extended the 50 percent additional first year depreciation deduction under § 168(k) to qualified property (as defined in § 168(k)(2)) acquired by the taxpayer after December 31, 2007, and before January 1, 2011, if no written binding contract for the acquisition of the property existed before January 1, 2008, and if the taxpayer places the property in service generally before January 1, 2011. Section 401(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Pub. L. No. 111-312, 124 Stat. 3296 (Dec. 17, 2010) (the “Act”) further extended the 50 percent additional first year depreciation deduction under § 168(k) to qualified property acquired by the taxpayer after December 31, 2007, and before January 1, 2013, if no written binding contract for the acquisition of the property existed before January 1, 2008, and if the taxpayer places the property in service generally before January 1, 2013.

Section 401(b) of the Act further amended § 168(k) by adding § 168(k)(5). It allows a 100 percent additional first year depreciation deduction for qualified property acquired by a taxpayer after September 8, 2010, and before January 1, 2012, if the taxpayer places the property in service generally before January 1, 2012.

Section 168(k)(2)(F)(i) increases the first year depreciation allowed under § 280F(a)(1)(A)(i) by $8,000 for passenger automobiles to which the additional first year depreciation deduction under § 168(k) (hereinafter, referred to as “§ 168(k) additional first year depreciation deduction”) applies.

.03 Section 168(k)(2)(D)(i) provides that the § 168(k) 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 out of the § 168(k) additional first year depreciation deduction for any class of property. Section 168(k)(4), as amended by the Act, permits a corporation to elect to increase the alternative minimum tax (“AMT”) credit limitation under § 53(c), instead of claiming the § 168(k) additional first year depreciation deduction for all eligible qualified property placed in service after December 31, 2010, that is round 2 extension property (as defined in § 168(k)(4)(I)(iv).

Accordingly, this revenue procedure provides tables for passenger automobiles for which the § 168(k) additional first year depreciation deduction applies. This revenue procedure also provides tables for passenger automobiles for which the § 168(k) additional first year depreciation deduction does not apply, either because taxpayer (1) purchased the passenger automobile used; (2) did not use the passenger automobile during 2011 more than 50 percent for business purposes; (3) elected out of the § 168(k) additional first year depreciation deduction pursuant to § 168(k)(2)(D)(iii); or (4) elected to increase the § 53 AMT credit limitation in lieu of claiming § 168(k) additional first year depreciation.

.04 Section 280F(c) requires a reduction in the deduction allowed to the lessee of a leased 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 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 4.01(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 2011, and continue to apply for each taxable year that the passenger automobile remains in service.

.02 The tables in section 4.02 of this revenue procedure apply to leased passenger automobiles for which the lease term begins during calendar year 2011. 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. 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; Rev. Proc. 2008-22, 2008-1 C.B. 658, for passenger automobiles first leased during calendar year 2008; Rev. Proc. 2009-24, 2009-1 C.B. 885, for passenger automobiles first leased during calendar year 2009; and Rev. Proc. 2010-18, 2010-1 C.B. 427, as amplified and modified by section 4.03 of this revenue procedure, for passenger automobiles first leased during calendar year 2010.

SECTION 4. APPLICATION

.01 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. Section 280F(d)(7)(B)(ii) defines the term “CPI automobile component” 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 137.880 for October 2010. The October 2010 index exceeded the October 1987 index by 22.680. Therefore, the automobile price inflation adjustment for 2011 for passenger automobiles (other than trucks and vans) is 19.69 percent (22.680/115.2 x 100%). The dollar limitations in § 280F(a) are multiplied by a factor of 0.1969, 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 2011. This adjustment applies to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2011.

(b) Trucks and vans. To determine the dollar limitations for trucks and vans first placed in service during calendar year 2011, the Service uses the new truck component of the CPI instead of the new car component. The new truck component of the CPI was 112.4 for October 1987 and 142.556 for October 2010. The October 2010 index exceeded the October 1987 index by 30.156. Therefore, the automobile price inflation adjustment for 2011 for trucks and vans is 26.83 percent (30.156/112.4 x 100%). The dollar limitations in § 280F(a) are multiplied by a factor of 0.2683, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations for trucks and vans. This adjustment applies to all trucks and vans that are first placed in service in calendar year 2011.

(2) Amount of the limitation. Tables 1 through 4 contain the dollar amount of the depreciation limitation for each taxable year for passenger automobiles a taxpayer places in service in calendar year 2011. Use Table 1 for a passenger automobile (other than a truck or van), and Table 2 for a truck or van, placed in service in calendar year 2011 for which the § 168(k) additional first year depreciation deduction applies. Use Table 3 for a passenger automobile (other than a truck or van), and Table 4 for a truck or van, placed in service in calendar year 2011 for which the § 168(k) additional first year depreciation deduction does not apply. The Service intends to issue additional guidance addressing the interaction between the 100 percent additional first year depreciation deduction and § 280F(a) for the taxable years subsequent to the first taxable year.

REV. PROC. 2011-21 TABLE 1
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2011 FOR WHICH THE § 168(k) 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
REV. PROC. 2011-21 TABLE 2
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2011 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES
------
Tax YearAmount
------
1st Tax Year$11,260
2nd Tax Year$5,200
3rd Tax Year$3,150
Each Succeeding Year$1,875
REV. PROC. 2011-21 TABLE 3
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2011 FOR WHICH THE § 168(k) 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. 2011-21 TABLE 4
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2011 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY
------
Tax YearAmount
------
1st Tax Year$3,260
2nd Tax Year$5,200
3rd Tax Year$3,150
Each Succeeding Year$1,875

.02 Inclusions in Income of Lessees of Passenger Automobiles.

A taxpayer must follow the procedures in § 1.280F-7(a) for determining the inclusion amounts for passenger automobiles first leased in calendar year 2011. In applying these procedures, lessees of passenger automobiles other than trucks and vans should use Table 5 of this revenue procedure, while lessees of trucks and vans should use Table 6 of this revenue procedure.

REV. PROC. 2011-21 TABLE 5
DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2011
---------------------
Fair Market Value of Passenger AutomobileTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & later
---------------------
$18,500$19,00038111316
19,00019,50049131518
19,50020,000410151720
20,00020,500511161923
20,50021,000512182125
21,00021,500613192426
21,50022,000614212629
22,00023,000716232932
23,00024,000818273237
24,00025,000920303642
25,00026,0001023334046
26,00027,0001125364451
27,00028,0001227404855
28,00029,0001329435260
29,00030,0001431475565
30,00031,0001534496069
31,00032,0001636536373
32,00033,0001738566877
33,00034,0001840607182
34,00035,0001942637587
35,00036,0002045667991
36,00037,0002147698396
37,00038,00022497387100
38,00039,00023517691105
39,00040,00024538094110
40,00041,00025568299114
41,00042,000265886102119
42,00043,000276089107123
43,00044,000286293110128
44,00045,000296496114133
45,00046,000306798119137
46,00047,0003169102122141
47,00048,0003271105127145
48,00049,0003373109130150
49,00050,0003476111134155
50,00051,0003578115138159
51,00052,0003680118142164
52,00053,0003782122146168
53,00054,0003884125150173
54,00055,0003987128153178
55,00056,0004089131158182
56,00057,0004191135161187
57,00058,0004293138166191
58,00059,0004395142169196
59,00060,0004498144174200
60,00062,00046101149179207
62,00064,00048105156187216
64,00066,00050109163195225
66,00068,00052114169203234
68,00070,00054118176211243
70,00072,00056123182218253
72,00074,00058127189226262
74,00076,00060132195234270
76,00078,00062136202242279
78,00080,00064140209250288
80,00085,00067148220264304
85,00090,00072159237283327
90,00095,00077170253303350
95,000100,00082181269323372
100,000110,00090198293352406
110,000120,000100220326391452
120,000130,000110242359430497
130,000140,000120264392469543
140,000150,000130286424509588
150,000160,000140308457548633
160,000170,000150330490587679
170,000180,000160352523626724
180,000190,000170374555666769
190,000200,000180396588705815
200,000210,000190418621744860
210,000220,000200440654784904
220,000230,000210462687823950
230,000240,000220484719863995
240,000And up2305067529021,040
REV. PROC. 2011-21 TABLE 6
DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2011
---------------------
Fair Market Value of Truck or VanTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & later
---------------------
$19,000$19,5003791213
19,50020,00038111415
20,00020,50049131518
20,50021,000410151720
21,00021,500511162022
21,50022,000512182224
22,00023,000614202429
23,00024,000716242832
24,00025,000818273237
25,00026,000920313641
26,00027,0001023334046
27,00028,0001125374351
28,00029,0001227404855
29,00030,0001329435260
30,00031,0001431475664
31,00032,0001534496069
32,00033,0001636536374
33,00034,0001738566878
34,00035,0001840607183
35,00036,0001943627687
36,00037,0002045667992
37,00038,0002147698397
38,00039,00022497387101
39,00040,00023517691105
40,00041,00024547995109
41,00042,00025568299114
42,00043,000265886103118
43,00044,000276089107123
44,00045,000286293110128
45,00046,000296595115132
46,00047,000306799118137
47,00048,0003169102123141
48,00049,0003271106126146
49,00050,0003373109130151
50,00051,0003476112134155
51,00052,0003578115138160
52,00053,0003680118143164
53,00054,0003782122146169
54,00055,0003884125150173
55,00056,0003987128154177
56,00057,0004089131158182
57,00058,0004191135162186
58,00059,0004293138166191
59,00060,0004395142169196
60,00062,0004599146175203
62,00064,00047103153183212
64,00066,00049107160191221
66,00068,00051112166199229
68,00070,00053116173206239
70,00072,00055121179214248
72,00074,00057125186222257
74,00076,00059129192231266
76,00078,00061134198239275
78,00080,00063138205246285
80,00085,00066146217260300
85,00090,00071157233280322
90,00095,00076168250299345
95,000100,00081179266319368
100,000110,00089196290348402
110,000120,00099218323387447
120,000130,000109240355427493
130,000140,000119262388466538
140,000150,000129284421505583
150,000160,000139306454544629
160,000170,000149328487583674
170,000180,000159350519623719
180,000190,000169372552662765
190,000200,000179394585701810
200,000210,000189416618740856
210,000220,000199438651779901
220,000230,000209460683819946
230,000240,000219482716858992
240,000And up2295047498971,037

.03 Revised Amounts for Passenger Automobiles Placed in Service During 2010.

(1) Calculation of the Revised Amount. The revised depreciation limits provided in this section 4.03 were calculated by increasing the existing limitations on the first year allowance in Rev. Proc. 2010-18 by $8,000 as provided in § 168(k)(2)(F)(i).

(2) _Amount of the Revised Limitatio_n. For passenger automobiles (that are not trucks or vans) placed in service by the taxpayer in calendar year 2010 for which the § 168(k) additional first year depreciation deduction applies, Table 7 of this revenue procedure contains the revised dollar amount of the depreciation limitations for each taxable year. For trucks or vans placed in service by the taxpayer in calendar year 2010 for which the § 168(k) additional first year depreciation deduction applies, Table 8 of this revenue procedure contains the revised dollar amount of the depreciation limitations for each taxable year. If the § 168(k) additional first year depreciation deduction does not apply to a passenger automobile placed in service by the taxpayer in calendar year 2010, the depreciation limitations for each taxable year in Tables 1 and 2 of Rev. Proc. 2010-18 apply.

REV. PROC. 2011-21 TABLE 7
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2010 FOR WHICH THE § 168(k) 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
REV. PROC. 2011-21 TABLE 8
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2010 FOR WHICH THE § 168(k) 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

(3) Modification to lease inclusion amounts for 2010. The lease inclusion amounts in Tables 3 and 4 of Rev. Proc. 2010-18 are modified by striking the first four lines of the inclusion amounts in each table. Consequently, Table 3 of Rev. Proc. 2010-18 applies to passenger automobiles (other than trucks and vans) that are first leased by the taxpayer in calendar year 2010 with a fair market value over $18,500, and Table 4 of Rev. Proc. 2010-18 applies to trucks and vans that are first leased by the taxpayer in calendar year 2010 with a fair market value over $19,000.

SECTION 5. EFFECTIVE DATE

This revenue procedure, with the exception of section 4.03, applies to passenger automobiles that a taxpayer first places in service or first leases during calendar year 2011. Section 4.03 of this revenue procedure applies to passenger automobiles that a taxpayer first places in service or first leases during calendar year 2010.

SECTION 6. EFFECT ON OTHER DOCUMENTS

Rev. Proc. 2010-18 is amplified and modified.

SECTION 7. 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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