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Selling an SUV expensed under Section 179

Dear Tax Talk,
I purchased a Lincoln Navigator, in December 2003, and took full deduction in 2003.

How long am I required to keep the vehicle, and what is the penalty (if any) if I sell it after two years of ownership? Thanks.
-- Ken P.

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Dear Ken,
After being penalized at the pump, you must be ready for a hybrid. When you use your car in business, it is subject to an allowance for depreciation and an additional deduction for Section 179 expense.

Section 179 allows you to write off the cost of certain assets acquired for business use. A few years ago it allowed a full deduction for the cost of certain heavy sport utility vehicles. This loophole was somewhat trimmed back in 2004 as I discussed in an earlier article.

When you write off the cost of assets, your basis is zero. If you sell the vehicle, the difference between the selling price and its basis is gain. This gain is recognized as ordinary income to the extent of the depreciation or Section 179 expense you previously claimed.

However, if you trade the vehicle for another, you are entering into a like-kind exchange. Just like real property like-kind exchanges, you are allowed to defer the gain by reducing the depreciable basis of the replacement vehicle.

Since the replacement vehicle will be subject to the current depreciation limits, it's not necessarily eliminating future tax benefits because you might not be able to fully write off the cost of the new car during its useful life. For example, if the Navigator was worth $20,000 and was traded for a car costing $50,000, your cost for depreciation in the replacement vehicle would be $30,000. You'll get the same amount of depreciation allowance in 2005 on the $30,000 cost as you would on the $50,000 cost since depreciation is capped around $7,000 per year on a car, regardless of its cost.

If you transfer the Lincoln to personal use, you would realize income based on the difference between its value and its basis. And you would still have the burden at the pump.

Bankrate.com's corrections policy-- Posted: Oct. 13, 2005
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