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Advisory Committee on Tax Exempt and Government Entities (ACT ...

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IRC, 2007-CODE-VOL, SEC. 280F. LIMITATION ON DEPRECIATION FOR LUXUR ... Page 4 of 7under secti<strong>on</strong> 168.280F(d)(2) SUBSEQUENT DEPRECIATION DEDUCTIONS REDUCED FOR DEDUCTIONSALLOCABLE TO PERSONAL USE. --Solely for purposes of determining the amount of the depreciati<strong>on</strong>deducti<strong>on</strong> for subsequent taxable years, if less than 100 percent of the use of any listed property during anytaxable year is used in a trade or business (including the holding for the producti<strong>on</strong> of income), all of the useof such property during such taxable year shall be treated as use so described.280F(d)(3) DEDUCTIONS OF EMPLOYEE. --280F(d)(3)(A) IN GENERAL. --Any employee use of listed property shall not be treated as use in atrade or business for purposes of determining the amount of any depreciati<strong>on</strong> deducti<strong>on</strong> allowable to theemployee (or the amount of any deducti<strong>on</strong> allowable to the employee for rentals or other payments undera lease of listed property) unless such use is for the c<strong>on</strong>venience of the employer <strong>and</strong> required as ac<strong>on</strong>diti<strong>on</strong> of employment.280F(d)(3)(B) EMPLOYEE USE. --For purposes of subparagraph (A), the term "employee use" meansany use in c<strong>on</strong>necti<strong>on</strong> with the performance of services as an employee.280F(d)(4) LISTED PROPERTY. --280F(d)(4)(A) IN GENERAL. --Except as provided in subparagraph (B), the term "listed property"means --280F(d)(4)(A)(i) any passenger automobile,280F(d)(4)(A)(ii) any other property used as a means of transportati<strong>on</strong>,280F(d)(4)(A)(iii) any property of a type generally used for purposes of entertainment, recreati<strong>on</strong>, oramusement,280F(d)(4)(A)(iv) any computer or peripheral equipment (as defined in secti<strong>on</strong> 168(i)(2)(B)),280F(d)(4)(A)(v) any cellular teleph<strong>on</strong>e (or other similar telecommunicati<strong>on</strong>s equipment), <strong>and</strong>280F(d)(4)(A)(vi) any other property of a type specified by the Secretary by regulati<strong>on</strong>s.280F(d)(4)(B) EXCEPTION FOR CERTAIN COMPUTERS. --The term "listed property" shall notinclude any computer or peripheral equipment (as so defined) used exclusively at a regular businessestablishment <strong>and</strong> owned or leased by the pers<strong>on</strong> operating such establishment. For purposes of thepreceding sentence, any porti<strong>on</strong> of a dwelling unit shall be treated as a regular business establishment if(<strong>and</strong> <strong>on</strong>ly if) the requirements of secti<strong>on</strong> 280A(c)(l) are met with respect to such porti<strong>on</strong>.

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