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Regarding tax

Lakewood, CA |
Filed under: Business

I got new car from credit. But the new car is under my and my friends name. Can we claim the tax deduction or anything kind of credit for the same car differently? how does this thing work for the tax purpose? The car is under both of our name in credit company.?

Attorney Answers 4


Well, as Attorney Lively points out, you cannot deduct cost of your personal auto even if you own it outright and make all the payments. It is not a qualified residence, and there is no "cash for clunkers" credit anymore if that is what you mean.

If this is a business asset, it can be depreciated, but it must be paid for by the business or whoever owns the business if it is sole prop.

But it sounds like your friend has helped you purchase a personal auto and you are looking for some kind of tax break related to the purchase. But there really is no such thing.

Christopher Larson
Insight Law

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You can each deduct the car for only the portion that you use it for business. This does not include commuting mileage or personal usage.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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If you bought it in 2011, there is a sales tax deduction on your federal return. If the car was bought in 2012 it will not be available unless congress extends it. The deduction is available to taxpayers that itemize. In most cases itemizers have a real property interest deduction that makes it worthwhile.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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As mentioned, it depends on what claim you are making. If it's for the Schedule A deduction, then those rules apply. If it's for the business deduction, different rules apply to different aspects of the claim.

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