IRS Issues Guidance for 2012 Milage Rate

The IRS has issued guidance (Notice 2012-01) providing the 2012 standard mileage rates for taxpayers to use in determining the deductible costs of operating a car for business, charitable, medical, or moving expense purposes.

The rate for the business use of an automobile is 55.5 cents per mile, the rate for the charitable use of an automobile is 14 cents per mile, and the rate for using an automobile for medical or moving purposes is 23 cents per mile. The guidance also provides the amount taxpayers must use in calculating a basis reduction for depreciation taken under the business standard mileage rate and provides the maximum standard automobile cost that may be used in calculating the allowance under a fixed and variable rate plan. The guidance is effective for applicable expenses, allowances, or reimbursements that are paid or incurred after December 31, 2011.

The IRS requested comments in previous guidance (Notice 2010-88) on whether taxpayers should be allowed to use the business standard mileage rate for cars used in fleet operations. After considering one comment, and in light of the limited number of comments, the IRS won't change the current limitation on fleet operations.

Classification of Gas Stations for Depreciation Purposes

Gas Stations, oil change businesses, repair shops, car washes, and automobile dealerships owning such facilities, may benefit from a recent IRS clarification of the definition of real property eligible to be depreciated as a 15-year motor vehicle service station.

The Service recently issued informal guidance, in the form of a Chief Counsel Advice, to the effect that an industrial building containing office space, restrooms, work rooms, a mechanical room, truck service center, and a truck wash was depreciable over 15 years for federal income tax purposes.  The site also consisted of a fuel island, paved lot with parking spaces, and billboards.  At issue was whether the building was depreciable as 15-year property, pursuant to Rev. Proc. 87-56, Activity Class 57.1: Distributive Trades and Services - Billboards, Service Station Buildings and Petroleum Marketing Land Improvements.  In reaching this conclusion, the Service stated that the primary use of the building, consisting of approximately 84% of its square footage, was as a service station building.  Accordingly, the entire building was classified under Activity Class 57.1.

Further enhancing the tax benefit for this group of assets is the eligibility of 15-year property for bonus depreciation.  For property acquired after September 8, 2010, and before January 1, 2012, and placed into service before January 1, 2012, the entire cost of the property or improvements may be deducted as an expense through the 100% bonus depreciation provisions in its first year of use as long as the property's original use also begins with the taxpayer.  Additionally, for property or improvements for this group of assets placed in service after December 31, 2007, and prior to September 9, 2010, as well as all of 2012, 50% bonus depreciation may be available.

Nonresidential real property, typically depreciated over 39 years, is eligible to be depreciated over 15 years, allowing taxpayers to recover their costs more quickly.  When that property is eligible for 100% bonus depreciation, its entire cost may be deducted in the year it is placed in service.

Even if service stations or car washes were originally depreciated over 39 years, steps may be taken to correct taken to correct the error.  For more information, please contact us or visit our website dedicated to gas stations: www.gasstationaccounting.com