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Sec. 1.280F-7 Property leased after December 31, 1986.

(a) Inclusions in income of lessees of passenger automobiles leased after December 31, 1986.

(1) In general.

If a taxpayer leases a passenger automobile after December 31, 1986, the taxpayer must include in gross income an inclusion amount determined under this paragraph (a), for each taxable year during which the taxpayer leases the automobile. This paragraph (a) applies only to passenger automobiles for which the taxpayer's lease term begins after December 31, 1986. See sections 1.280F-5T(d) and 1.280F-5T(e) for rules on determining inclusion amounts for passenger automobiles for which the taxpayer's lease term begins before January 1, 1987. See section 1.280F-5T(h)(2) for the definition of fair market value.

(2) Inclusion amount.

For any passenger automobile leased after December 31, 1986, the inclusion amount for each taxable year during which the automobile is leased is determined as follows:

(i) For the appropriate range of fair market values in the applicable table, select the dollar amount from the column for the taxable year in which the automobile is used under the lease (but for the last taxable year during any lease that does not begin and end in the same taxable year, use the dollar amount for the preceding taxable year).

(ii) Prorate the dollar amount for the number of days of the lease term included in the taxable year.

(iii) Multiply the prorated dollar amount by the business/investment use (as defined in section 1.280F-6(d)(3)(i)) for the taxable year.

(iv) The following table is the applicable table in the case of a passenger automobile leased after December 31, 1986, and before January 1, 1989:

Fair market value of automobile

Taxable year during lease

1st

2nd

3rd

4th

5 and later

 

Over

Not over

 

 

 

 

 

$12,800

$13,100

$2

$5

$7

$8

$9

13,100

13,400

6

14

20

24

28

13,400

13,700

10

23

34

41

47

13,700

14,000

15

32

47

57

65

14,000

14,300

19

41

61

73

84

14,300

14,600

23

50

74

89

103

14,600

14,900

27

59

88

105

122

14,900

15,200

31

68

101

122

140

15,200

15,500

35

77

115

138

159

15,500

15,800

40

87

128

154

178

15,800

16,100

44

96

142

170

196

16,100

16,400

48

105

155

186

215

16,400

16,700

52

114

169

203

234

16,700

17,000

56

123

182

219

253

17,000

17,500

62

135

200

240

277

17,500

18,000

69

150

223

267

309

18,000

18,500

76

166

246

294

340

18,500

19,000

83

181

268

321

371

19,000

19,500

90

196

291

348

402

19,500

20,000

97

211

313

375

433

20,000

20,500

104

226

336

402

465

20,500

21,000

111

242

358

429

496

21,000

21,500

117

257

381

456

527

21,500

22,000

124

272

403

483

558

22,000

23,000

135

295

437

524

605

23,000

24,000

149

325

482

578

667

24,000

25,000

163

356

527

632

729

25,000

26,000

177

386

572

686

792

26,000

27,000

190

416

617

740

854

27,000

28,000

204

447

662

794

917

28,000

29,000

218

477

707

848

979

29,000

30,000

232

507

752

902

1,041

30,000

31,000

246

538

797

956

1,104

31,000

32,000

260

568

842

1,010

1,166

32,000

33,000

274

599

887

1,064

1,228

33,000

34,000

288

629

933

1,118

1,291

34,000

35,000

302

659

978

1,172

1,353

35,000

36,000

316

690

1,023

1,226

1,415

36,000

37,000

329

720

1,068

1,280

1,478

37,000

38,000

343

751

1,113

1,334

1,540

38,000

39,000

357

781

1,158

1,388

1,602

39,000

40,000

371

811

1,203

1,442

1,665

40,000

41,000

385

842

1,248

1,496

1,727

41,000

42,000

399

872

1,293

1,550

1,789

42,000

43,000

413

902

1,338

1,604

1,852

43,000

44,000

427

933

1,383

1,658

1,914

44,000

45,000

441

963

1,428

1,712

1,976

45,000

46,000

455

994

1,473

1,766

2,039

46,000

47,000

468

1,024

1,518

1,820

2,101

47,000

48,000

482

1,054

1,563

1,874

2,164

48,000

49,000

496

1,085

1,608

1,928

2,226

49,000

50,000

510

1,115

1,653

1,982

2,288

50,000

51,000

524

1,146

1,698

2,036

2,351

51,000

52,000

538

1,176

1,743

2,090

2,413

52,000

53,000

552

1,206

1,788

2,144

2,475

53,000

54,000

566

1,237

1,834

2,198

2,538

54,000

55,000

580

1,267

1,879

2,252

2,600

55,000

56,000

594

1,297

1,924

2,306

2,662

56,000

57,000

607

1,328

1,969

2,360

2,725

57,000

58,000

621

1,358

2,014

2,414

2,787

58,000

59,000

635

1,389

2,059

2,468

2,849

59,000

60,000

649

1,419

2,104

2,522

2,912

60,000

62,000

670

1,465

2,171

2,603

3,005

62,000

64,000

698

1,525

2,262

2,711

3,130

64,000

66,000

726

1,586

2,352

2,819

3,255

66,000

68,000

753

1,647

2,442

2,927

3,379

68,000

70,000

781

1,708

2,532

3,035

3,504

70,000

72,000

809

1,768

2,622

3,143

3,629

72,000

74,000

837

1,829

2,712

3,251

3,753

74,000

76,000

865

1,890

2,802

3,359

3,878

76,000

78,000

892

1,951

2,892

3,468

4,003

78,000

80,000

920

2,012

2,982

3,576

4,128

80,000

85,000

969

2,118

3,140

3,765

4,346

85,000

90,000

1,038

2,270

3,365

4,035

4,658

90,000

95,000

1,108

2,422

3,590

4,305

4,969

95,000

100,000

1,177

2,574

3,816

4,575

5,281

100,000

110,000

1,282

2,802

4,154

4,980

5,749

110,000

120,000

1,421

3,105

4,604

5,520

6,372

120,000

130,000

1,560

3,409

5,055

6,060

6,996

130,000

140,000

1,699

3,713

5,505

6,600

7,619

140,000

150,000

1,838

4,017

5,956

7,140

8,243

150,000

160,000

1,977

4,321

6,406

7,680

8,866

160,000

170,000

2,116

4,625

6,857

8,221

9,490

170,000

180,000

2,255

4,929

7,307

8,761

10,113

180,000

190,000

2,394

5,232

7,758

9,301

10,737

190,000

200,000

2,533

5,536

8,208

9,841

11,360

(v) The applicable table in the case of a passenger automobile first leased after December 31, 1988, will be contained in a revenue ruling or revenue procedure published in the Internal Revenue Bulletin.

(3) Example.

The following example illustrates the application of this paragraph (a):

Example. On April 1, 1987, A, a calendar year taxpayer, leases and places in service a passenger automobile with a fair market value of $31,500. The lease is to be for a period of three years. During taxable years 1987 and 1988, A uses the automobile exclusively in a trade or business. During 1989 and 1990, A's business/investment use is 45 percent. The appropriate dollar amounts from the table in paragraph (a)(2)(iv) of this section are $260 for 1987 (first taxable year during the lease), $568 for 1988 (second taxable year during the lease), $842 for 1989 (third taxable year during the lease), and $842 for 1990. Since 1990 is the last taxable year during the lease, the dollar amount for the preceding year (the third year) is used, rather than the dollar amount for the fourth year. For taxable years 1987 through 1990, A's inclusion amounts are determined as follows:

Tax year

Dollar amount

Proration

Business use (percent)

Inclusion amount

1987

$260

275/365

100

$196

1988

568

366/366

100

568

1989

842

365/365

45

379

1990

842

90/365

45

93

(b) Inclusions in income of lessees of listed property (other than passenger automobiles) leased after December 31, 1986.

(1) In general.

If listed property other than a passenger automobile is not used predominantly in a qualified business use in any taxable year in which such property is leased, the lessee must add an inclusion amount to gross income in the first taxable year in which such property is not so predominantly used (and only in that year). This year is the first taxable year in which the business use percentage (as defined in section 1.280F-6(d)(1)) of the property is 50 percent or less. This inclusion amount is determined under this paragraph (b) for property for which the taxpayer's lease term begins after December 31, 1986 (and under section 1.280F-5T(f) for property for which the taxpayer's lease term begins before January 1, 1987). See also section 1.280F-5T(g).

(2) Inclusion amount.

The inclusion amount for any listed property (other than a passenger automobile) leased after December 31, 1986, is the sum of the amounts determined under subdivisions (i) and (ii) of this subparagraph (2).

(i) The amount determined under this subdivision (i) is the product of the following amounts:

(A) The fair market value (as defined in section 1.280F-5T(h)(2) ) of the property,

(B) The business/investment use (as defined in section 1.280F-6(d)(3)(i)) for the first taxable year in which the business use percentage (as defined in section 1.280F-6(d)(1)) is 50 percent or less, and

(C) The applicable percentage from the following table:

Type of property

First taxable year during lease in which business use percentage is 50% or less

1

2

3

4

5

6

Property with a recovery period of less than 7 years under the alternative depreciation system (such as computers, trucks and airplanes)

2.1

-7.2

-19.8

-20.1

-12.4

-12.4

Property with a 7- to 10-year recovery period under the alternative depreciation system (such as recreation property)

3.9

-3.8

-17.7

-25.1

-27.8

-27.2

Property with a recovery period of more than 10 years under the alternative depreciation system (such as certain property with no class life)

6.6

-1.6

-16.9

-25.6

-29.9

-31.1

(cont'd)

Type of property

First taxable year during lease in which business use percentage is 50% or less

7

8

9

10

11

12 and Later

Property with a recovery period of less than 7 years under the alternative depreciation system (such as computers, trucks and airplanes)

12.4

-12.4

-12.4

-12.4

-12.4

-12.4

Property with a 7- to 10-year recovery period under the alternative depreciation system (such as recreation property)

-27.1

-27.6

-23.7

-14.7

-14.7

-14.7

Property with a recovery period of more than 10 years under the alternative depreciation system (such as certain property with no class life)

-32.8

-35.1

-33.3

-26.7

-19.7

-12.2

(ii) The amount determined under this subdivision (ii) is the product of the following amounts:

(A) The fair market value of the property,

(B) The average of the business/investment use for all taxable years (in which such property is leased) that precede the first taxable year in which the business use percentage is 50 percent or less, and

(C) The applicable percentage from the following table:

Type of property

First taxable year during lease in which business use percentage is 50% or less

1

2

3

4

5

6

Property with a recovery period of less than 7 years under the alternative depreciation system (such as computers, trucks and airplanes)

0.0

10.0

22.0

21.2

12.7

12.7

Property with a 7- to 10-year recovery period under the alternative depreciation system (such as recreation property)

0.0

9.3

23.8

31.3

33.8

32.7

Property with a recovery period of more than 10 years under the alternative depreciation system (such as certain property with no class life)

0.0

10.1

26.3

35.4

39.6

40.2

(cont'd)

Type of property

First taxable year during lease in which business use percentage is 50% or less

7

8

9

10

11

12 and Later

Property with a recovery period of less than 7 years under the alternative depreciation system (such as computers, trucks and airplanes)

12.7

12.7

12.7

12.7

12.7

12.7

Property with a 7- to 10-year recovery period under the alternative depreciation system (such as recreation property)

31.6

30.5

25.0

15.0

15.0

15.0

Property with a recovery period of more than 10 years under the alternative depreciation system (such as certain property with no class life)

40.8

41.4

37.5

29.2

20.8

12.5

(3) Example. The following example illustrates the application of this paragraph (b):

Example. On February 1, 1987, B, a calendar year taxpayer, leases and places in service a computer with a fair market value of $3,000. The lease is to be for a period of two years. B's qualified business use of the property, which is the only business/investment use, is 80 percent in taxable year 1987, 40 percent in taxable year 1988, and 35 percent in taxable year 1989. B must add an inclusion amount to gross income for taxable year 1988, the first taxable year in which B does not use the computer predominantly for business (i.e., the first taxable year in which B's business use percentage is 50 percent or less). Since 1988 is the second taxable year during the lease, and since the computer has a 5-year recovery period under the General and Alternative Depreciation Systems, the applicable percentage from the table in subdivision (i) of paragraph (b)(2) is -7.2%, and the applicable percentage from the table in subdivision (ii) is 10%. B's inclusion amount is $154, which is the sum of the amounts determined under subdivisions (i) and (ii) of subparagraph (b)(2) of this paragraph. The amount determined under subdivision (i) is -$86 [$3,000 x 40% x (-7.2%)], and the amount determined under subdivision (ii) is $240 [$3,000 x 80% x 10%].

[T.D. 8218, 53 FR 29881, Aug. 9, 1988; corrected at 53 FR 32821, Aug. 26, 1988, as amended by T.D. 8298 , 55 FR 13370, Apr. 12, 1990. Redesignated by T.D. 8473 , 58 FR 19060, Apr. 12, 1993; amended by T.D. 9133 , 69 FR 35513-35515, June 25, 2004.]

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