Rev. Proc. 2013-21

Rev. Proc. 2013-21

Rev. Proc. 2013-21

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 2013, including separate tables of limitations on depreciation deductions for trucks and vans; and (2) the amounts that must be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2013, including a separate table of inclusion amounts for lessees of trucks and vans. 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 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 331(a) of the American Taxpayer Relief Act of 2012, Pub. L. No. 112-240, 126 Stat. 2313 (Jan. 2, 2013) (the “Act”) 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, 2014, 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, 2014.

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, 2012, that is round 3 extension property (as defined in § 168(k)(4)(J)(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 2013 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 2013, 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 2013. 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. 2008-22, 2008-1 C.B. 658, for passenger automobiles first leased during calendar year 2008; Rev. Proc. 2009-24, 2009-17 I.R.B. 885, for passenger automobiles first leased during calendar year 2009; Rev. Proc. 2010-18, 2010-09 I.R.B. 427, as amplified and modified by section 4.03 of Rev. Proc. 2011-21, 2011-12 I.R.B. 560, for passenger automobiles first leased during calendar year 2010; Rev. Proc. 2011-21, for passenger automobiles first leased during calendar year 2011; and Rev. Proc. 2012-23, 2012-14 I.R.B. 712, for passenger automobiles first leased during calendar year 2012.

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 143.787 for October 2012. The October 2012 index exceeded the October 1987 index by 28.587. Therefore, the automobile price inflation adjustment for 2013 for passenger automobiles (other than trucks and vans) is 24.8 percent (28.587/115.2 x 100%). The dollar limitations in § 280F(a) are multiplied by a factor of 0.248, 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 2013. This adjustment applies to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2013.

(b) Trucks and vans. To determine the dollar limitations for trucks and vans first placed in service during calendar year 2013, 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 149.386 for October 2012. The October 2012 index exceeded the October 1987 index by 36.986. Therefore, the automobile price inflation adjustment for 2013 for trucks and vans is 32.9 percent (36.986/112.4 x 100%). The dollar limitations in § 280F(a) are multiplied by a factor of 0.329, 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 2013.

(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 2013. 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 2013 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 2013 for which the § 168(k) additional first year depreciation deduction does not apply.

REV. PROC. 2013-21 TABLE 1
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2013 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
REV. PROC. 2013-21 TABLE 2
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2013 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES
------
Tax YearAmount
------
1st Tax Year$11,360
2nd Tax Year$5,400
3rd Tax Year$3,250
Each Succeeding Year$1,975
REV. PROC. 2013-21 TABLE 3
DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2013 FOR WHICH THE § 168(k) 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. 2013-21 TABLE 4
DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2013 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY
------
Tax YearAmount
------
1st Tax Year$3,360
2nd Tax Year$5,400
3rd Tax Year$3,250
Each Succeeding Year$1,975

.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 2013. 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. 2013-21 TABLE 5
DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2013
---------------------
Fair Market Value of Passenger AutomobileTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & later
---------------------
$19,000$19,50024678
19,50020,00025699
20,00020,500258911
20,50021,0003681012
21,00021,50036101113
21,50022,00037101314
22,00023,00048111416
23,00024,00049141618
24,00025,000510151821
25,00026,000512162123
26,00027,000612192325
27,00028,000614202528
28,00029,000715222730
29,00030,000716242933
30,00031,000817263135
31,00032,000819273338
32,00033,000920293540
33,00034,0001021313743
34,00035,0001022333945
35,00036,0001123354148
36,00037,0001125364350
37,00038,0001226384553
38,00039,0001227404755
39,00040,0001328424958
40,00041,0001329445259
41,00042,0001430455463
42,00043,0001432475664
43,00044,0001533485967
44,00045,0001534516069
45,00046,0001635526372
46,00047,0001736546574
47,00048,0001738556777
48,00049,0001839576979
49,00050,0001840597182
50,00051,0001941617384
51,00052,0001942637587
52,00053,0002043657789
53,00054,0002045667992
54,00055,0002146688194
55,00056,0002147708496
56,00057,0002248728599
57,00058,00022507388101
58,00059,00023517590103
59,00060,00024527692106
60,00062,00024547995110
62,00064,00025568399115
64,00066,000275887103120
66,00068,000286090108125
68,00070,000296393112130
70,00072,000306597117134
72,00074,0003168100121139
74,00076,0003270104125144
76,00078,0003373107129149
78,00080,0003475111133154
80,00085,0003679117141162
85,00090,0003985126151174
90,00095,0004191135162186
95,000100,0004497144172199
100,000110,00048106157188217
110,000120,00053118174210241
120,000130,00059129193230266
130,000140,00064141210252290
140,000150,00070153227273315
150,000160,00075165245294339
160,000170,00080177263315363
170,000180,00086189280336388
180,000190,00091201298357412
190,000200,00097212316378436
200,000210,000102224333400461
210,000220,000107236351420486
220,000230,000113248368442509
230,000240,000118260386463534
240,000And up124272403484558
REV. PROC. 2013-21 TABLE 6
DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2013
---------------------
Fair Market Value of Truck or VanTax Year During Lease
---------------------
OverNot Over1st2nd3rd4th5th & later
---------------------
$19,000$19,50013456
19,50020,00023567
20,00020,50024678
20,50021,00025789
21,00021,500258911
21,50022,0003681012
22,00023,00037101114
23,00024,00048111416
24,00025,00049141618
25,00026,000510151821
26,00027,000512172023
27,00028,000613182325
28,00029,000614202528
29,00030,000715222730
30,00031,000716242933
31,00032,000817263135
32,00033,000819273338
33,00034,000920293541
34,00035,0001021313743
35,00036,0001022333946
36,00037,0001123354148
37,00038,0001125364351
38,00039,0001226384553
39,00040,0001227404855
40,00041,0001328424958
41,00042,0001329445260
42,00043,0001430465462
43,00044,0001432475665
44,00045,0001533485967
45,00046,0001534516070
46,00047,0001635526372
47,00048,0001736546574
48,00049,0001738556777
49,00050,0001839576979
50,00051,0001840597182
51,00052,0001941617384
52,00053,0001942637587
53,00054,0002043657789
54,00055,0002045668091
55,00056,0002146688194
56,00057,0002147708496
57,00058,0002248728698
58,00059,00022507388101
59,00060,00023517590103
60,00062,00024527893108
62,00064,00025558197113
64,00066,000265785101118
66,00068,000276088106122
68,00070,000286292110127
70,00072,000296496114132
72,00074,000306799118137
74,00076,0003169103122142
76,00078,0003272105127147
78,00080,0003473110131151
80,00085,0003578116138160
85,00090,0003884124149172
90,00095,0004190133160184
95,000100,0004495142171196
100,000110,00048104156186214
110,000120,00053116173207240
120,000130,00058128191228264
130,000140,00064140208249288
140,000150,00069152226270313
150,000160,00075164243292336
160,000170,00080176261312361
170,000180,00085188278334386
180,000190,00091199296355410
190,000200,00096211314376434
200,000210,000101223332397459
210,000220,000107235349418483
220,000230,000112247367439507
230,000240,000118259384460532
240,000And up123271401482556

SECTION 5. EFFECTIVE DATE

This revenue procedure applies to passenger automobiles that a taxpayer first places in service or first leases during calendar year 2013.

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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