Determination of the Maximum Value of a Vehicle for Use With the Fleet-Average and Vehicle Cents-Per-Mile Valuation Rules |
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David J. Kautter
Department of the Treasury
5 February 2020
[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Rules and Regulations]
[Pages 6424-6428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02158]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9893]
RIN 1545-BP14
Determination of the Maximum Value of a Vehicle for Use With the
Fleet-Average and Vehicle Cents-Per-Mile Valuation Rules
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulation.
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SUMMARY: This document sets forth final regulations regarding special
valuation rules for employers and employees to use in determining the
amount to include in an employee's gross income for personal use of an
employer-provided vehicle. The final regulations reflect changes made
by the Tax Cuts and Jobs Act (TCJA).
DATES: Effective Date: These regulations are effective February 5,
2020.
Applicability Date: For dates of applicability, see Sec. 1.61-
21(d)(5)(v)(H) and Sec. 1.61-21(e)(6).
FOR FURTHER INFORMATION CONTACT: Stephanie Caden at (202) 317-4774 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
If an employer provides an employee with a vehicle that is
available to the employee for personal use, the value of the personal
use must generally be included in the employee's income under section
61 of the Internal Revenue Code (the Code). In addition, benefits paid
as remuneration for employment, including the personal use of employer-
provided vehicles, generally are wages for purposes of the Federal
Insurance Contributions Act (FICA), the Federal Unemployment Tax Act
(FUTA) and the Collection of Income Tax at Source on Wages (federal
income tax withholding). Sections 3121(a), 3306(b), and 3401(a).
The amount that must be included in the employee's income and wages
for the personal use of an employer-provided vehicle generally is
determined by reference to the vehicle's fair market value (FMV).
However, for many years, Sec. 1.61-21 has provided special valuation
rules for employer-provided vehicles (the prior final regulations).\1\
If an employer chooses to use a special valuation rule, the special
value is treated as the FMV of the benefit for income tax and
employment tax purposes. Sec. 1.61-21(b)(4). As discussed further in
this Background section of this preamble, two such special valuation
rules, the fleet-average valuation rule and the vehicle cents-per-mile
valuation rule, are set forth in Sec. 1.61-21(d)(5)(v) and Sec. 1.61-
21(e), respectively. These two special valuation rules are subject to
limitations, including that they may be used only in connection with
vehicles having values that do not exceed a maximum amount set forth in
the regulations.
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\1\ T.D. 8256, 54 FR 28576, July 6, 1989, as amended by T.D.
8389, 57 FR 1868, Jan. 16, 1992; T.D. 8457, 57 FR 62192, Dec. 30,
1992; T.D. 9597, 77 FR 45480, Aug. 1, 2012; T.D. 9849, 84 FR 9231,
March 14, 2019.
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Section 1.61-21(e)(1)(iii)(A) of the prior final regulations
provided that the vehicle cents-per-mile valuation rule could be used
only to value the personal use of a vehicle having a value no greater
than $12,800 (the sum of the maximum recovery deductions allowable
under section 280F(a)(2) for the recovery period of the vehicle).
Section 1.61-21(d)(5)(v)(D) of the prior final regulations provided
that the fleet-average valuation rule could be used only to value the
personal use of vehicles having values no greater than $16,500. (The
fleet-average valuation rule uses the term ``automobile'' rather than
``vehicle.'' For convenience, this preamble uses the term ``vehicle''
except in specific discussions of the fleet-average valuation rule or
the section 280F depreciation limitations.) Sections 1.61-
21(d)(5)(v)(D) and 1.61-21(e)(1)(iii)(A) of the prior final regulations
provided that each of these maximum values was adjusted annually
pursuant to section 280F(d)(7).
1. The Fleet-Average Valuation Rule
The fleet-average valuation rule is an optional component of a
special valuation rule called the automobile lease valuation rule set
forth in Sec. 1.61-21(d). Under the automobile lease valuation rule,
the value of the personal use of an employer-provided automobile
available to an employee for an entire year is the portion of the
annual lease value determined under the regulations (Annual Lease
Value) relating to the availability of the automobile for personal use.
Furthermore, provided the FMV of the automobile does not exceed the
maximum value permitted under Sec. 1.61-21(d)(5)(v), an employer with
a fleet of 20 or more automobiles may use a fleet-average value for
purposes of calculating the Annual Lease Value of any automobile in the
fleet.
The fleet-average value is the average of the fair market values of
all the automobiles in the fleet. However, Sec. 1.61-21(d)(5)(v)(D) of
the prior final regulations provided that the value of an employee's
personal use of an automobile could not be determined under the fleet-
average valuation rule for a calendar year if the FMV of the automobile
on the first date the automobile was made available to the employee
exceeded the base value of $16,500, as adjusted annually pursuant to
section 280F(d)(7). Section 1.61-21(d)(5)(v)(D) provided that the first
such adjustment would be for calendar year 1989, subject to minor
modifications to the section 280F(d)(7) formula specified in the
regulations. In other words, under the prior final regulations, the
maximum value for use of the fleet-average valuation rule was the base
value of $16,500, as adjusted annually under section 280F(d)(7) every
year since 1989.
Prior to enactment of TCJA, the automobile price inflation
adjustment of section 280F(d)(7)(B) was calculated using the ``new
car'' component of the Consumer Price Index (CPI) ``automobile
component.'' Beginning in 2005, the IRS began to calculate the price
inflation adjustment for trucks and vans separately from cars using the
``new truck'' component of the CPI, and continued using the ``new car''
component of the CPI for automobiles other than trucks and vans. See
Rev. Proc. 2005-48, 2005-32 I.R.B. 271. For 2017, the year of the
enactment of TCJA, the maximum value for use of this rule was $21,100
for a passenger automobile and $23,300 for a truck or van. See Notice
2017-03, 2017-2 I.R.B. 368.
[[Page 6425]]
Section 1.61-21(d)(5)(v)(B) provides that the fleet-average
valuation rule may be used by an employer as of January 1 of any
calendar year following the calendar year in which the employer
acquires a sufficient number of automobiles to total a fleet of 20 or
more, each one satisfying the maximum value requirement of Sec. 1.61-
21(d)(5)(v)(D). The Annual Lease Value calculated for automobiles in
the fleet, based on the fleet-average value, must remain in effect for
the period that begins with the first January 1 the fleet-average
valuation rule is applied by the employer to the automobiles in the
fleet and ends on December 31 of the subsequent calendar year. The
Annual Lease Value for each subsequent two-year period is calculated by
determining the fleet average value of the automobiles in the fleet as
of the first January 1 of such period. An employer may cease using the
fleet-average valuation rule as of any January 1.
2. The Vehicle Cents-Per-Mile Valuation Rule
Another special valuation rule is the vehicle cents-per-mile rule
in Sec. 1.61-21(e). Under Sec. 1.61-21(e), if an employer provides an
employee with the use of a vehicle that the employer reasonably expects
will be regularly used in the employer's trade or business throughout
the calendar year (or such shorter period as the vehicle may be owned
or leased by the employer), or that satisfies the requirements of Sec.
1.61-21(e)(1)(ii) (i.e., the vehicle is actually driven at least 10,000
miles in the year and use of the vehicle during the year is primarily
by employees), the value of the personal use may be determined based on
the applicable standard mileage rate multiplied by the total number of
miles the vehicle is driven by the employee for personal purposes.
Section 1.61-21(e)(1)(iii)(A) provides that the value of the
personal use may not be determined under the vehicle cents-per-mile
valuation rule for a calendar year if the fair market value of the
vehicle on the first date the vehicle is made available to the employee
exceeds the sum of the maximum recovery deductions allowable under
section 280F(a) for a five-year period for an automobile first placed
in service during that calendar year (whether or not the automobile is
actually placed in service during that year), as adjusted by section
280F(d)(7). The prior final regulations provided that, under this rule,
with respect to a vehicle placed in service in or after 1989, the
limitation on value was $12,800, as adjusted under section 280F(d)(7).
In other words, under the prior final regulations, the maximum value of
a vehicle for use of the vehicle cents-per-mile valuation rule was the
base value of $12,800, as adjusted annually under section 280F(d)(7)
since 1989. As with the fleet-average valuation rule, beginning in
2005, the IRS calculated the price inflation adjustment for trucks and
vans separately from cars. See Rev. Proc. 2005-48. For 2017, the
maximum value for use of the vehicle cents-per-mile valuation rule was
$15,900 for a passenger automobile and $17,800 for a truck or van. See
Notice 2017-03.
Section 1.61-21(e)(5)(i) states that an employer must adopt the
vehicle cents-per-mile valuation rule for a vehicle to take effect by
the first day on which the vehicle is used by an employee of the
employer for personal use (or, if another special valuation rule called
the commuting valuation rule of Sec. 1.61-21(f) is used when the
vehicle is first used by an employee of the employer for personal use,
the first day on which the commuting valuation rule is not used).
Section 1.61-21(e)(5)(ii) also provides, in part, that once the vehicle
cents-per-mile valuation rule has been adopted for a vehicle by an
employer, the rule must be used by the employer for all subsequent
years in which the vehicle qualifies for use of the rule, except that
the employer may, for any year during which use of the vehicle
qualifies for the commuting valuation rule of Sec. 1.61-21(f), use the
commuting valuation rule with respect to the vehicle.
3. TCJA Changes and the Maximum Vehicle Values for 2018 and 2019
TCJA made the following amendments to the Code:
(1) For owners of passenger automobiles, section 280F(a), as
modified by section 13202(a)(1) of TCJA, imposes dollar limitations on
the depreciation deduction for the year the taxpayer places the
passenger automobile in service and for each succeeding year. The
amendments made by TCJA substantially increase the maximum annual
dollar limitations on the depreciation deductions for passenger
automobiles. The new dollar limitations are based on the depreciation,
over a five-year recovery period, of a passenger automobile with a cost
of $50,000 (formerly $12,800, as adjusted).
(2) Section 11002(d)(8) of TCJA amended section 280F(d)(7)(B)
effective for tax years beginning after December 31, 2017. Pursuant to
these amendments, the price inflation amount for automobiles (including
trucks and vans) is calculated using both the CPI automobile component
and the Chained Consumer Price Index for All Urban Consumers (C-CPI-U)
automobile component.
a. Notice 2019-08--The Maximum Value for 2018
To implement the changes described above, Notice 2019-08, 2019-3
I.R.B. 354, provides interim guidance for 2018 on new procedures for
calculating the price inflation adjustments to the maximum vehicle
values for use with the special valuation rules under Sec. 1.61-21(d)
and (e) using section 280F(d)(7), as modified by sections 11002 and
13202 of the Act. Notice 2019-08 states that the Treasury Department
and the IRS anticipate that further guidance will be issued in the form
of proposed regulations and expect that the regulations will be
consistent with the rules set forth in Notice 2019-08.
Notice 2019-08 provides that, consistent with the substantial
increase in the dollar limitations on depreciation deductions under
section 280F(a), as modified by section 13202(a)(1) of TCJA, the
Treasury Department and the IRS intend to amend Sec. 1.61-21(d) and
(e) to incorporate a higher base value of $50,000 as the maximum value
for use of the vehicle cents-per-mile and fleet-average valuation rules
effective for the 2018 calendar year. Notice 2019-08 further states
that the Treasury Department and the IRS intend that the regulations
will be modified to provide that this $50,000 base value will be
adjusted annually using section 280F(d)(7) for 2019 and subsequent
years. Accordingly, Notice 2019-08 provides that, for 2018, the maximum
value for use of the vehicle cents-per-mile and fleet-average valuation
rules is $50,000.
Finally, for 2018 and 2019, Notice 2019-08 provides that the
Treasury Department and the IRS will not publish separate maximum
values for trucks and vans for use with the fleet-average and vehicle
cents-per-mile valuation rules. As noted above, TCJA amended section
280F(d)(7)(B) to make inflation adjustments based on the CPI and C-CPI-
U automobile component. The C-CPI-U automobile component does not
currently have separate components for new cars and new trucks.
Accordingly, due to the lack of data, the Treasury Department and the
IRS will publish only one maximum value of a vehicle for use with the
vehicle cents-per-mile and fleet-average valuation rules beginning in
2019.
b. Notice 2019-34--The Maximum Vehicle Value for 2019
Notice 2019-34, 2019-22 I.R.B. 1257, provides that the inflation-
adjusted
[[Page 6426]]
maximum value of an employer-provided vehicle (including cars, vans,
and trucks) first made available to employees for personal use in
calendar year 2019 for which the vehicle cents-per-mile valuation rule
provided under Sec. 1.61-21(e), or the fleet-average valuation rule
provided under Sec. 1.61-21(d), may be used, is $50,400. Notice 2019-
34 also provides information about the manner in which the Treasury
Department and the IRS intend to publish this maximum vehicle value in
the future.
As noted in Notice 2019-34, Rev. Proc. 2010-51, 2010-51 I.R.B. 883,
as modified by Rev. Proc. 2019-46, 2019-49 I.R.B. 1301, provides rules
for using optional standard mileage rates in computing the deductible
costs of operating an automobile for business, charitable, medical, or
moving expense purposes. Section 2.12(1) of Rev. Proc. 2010-51 provides
that the IRS publishes both the standard mileage rates for the use of
an automobile for business, charitable, medical, and moving expense
purposes, and the maximum standard automobile cost that may be used in
computing the allowance under a fixed and variable rate (FAVR) plan, in
a separate annual notice. See, e.g., Notice 2019-02, 2019-02 I.R.B.
281.
Notice 2019-34 indicates that, in amending Sec. 1.61-21(d) and (e)
to incorporate a higher base value of $50,000 as the maximum value for
use with the vehicle cents-per-mile and the fleet-average valuation
rules, the IRS and Treasury Department expect that the maximum value
for use of those rules for 2019 and subsequent years will be the same
as the maximum standard automobile cost that may be used in computing
the allowance under a FAVR plan. Accordingly, Notice 2019-34 provides
that the maximum value for use with the fleet-average and vehicle
cents-per-mile valuation rules will be published in the annual notice
providing the standard mileage rates for use of an automobile for
business, charitable, medical, and moving expense purposes and the
maximum standard automobile cost that may be used in computing the
allowance under a FAVR plan.
Notice 2019-34 also provides that the Treasury Department and the
IRS intend to revise Sec. 1.61-21(d) to include a transition rule for
any employer that did not qualify to use the fleet-average valuation
rule prior to January 1, 2018 because the inflation-adjusted maximum
value requirement of Sec. 1.61-21(d)(5)(v)(D), as published by the IRS
in a notice or revenue procedure applicable to the year the automobile
was first made available to any employee of the employer, was not met.
In such a case, under the transition rule, the employer may adopt the
fleet-average valuation rule for 2018 or 2019, provided the
requirements of Sec. 1.61-21(d)(5)(v) are met for that year using the
maximum values set forth in Notice 2019-08 ($50,000) or Notice 2019-34
($50,400), respectively.
In addition, Notice 2019-34 states that the Treasury Department and
the IRS intend to revise Sec. 1.61-21(e) to provide a transition rule
for vehicles first made available to employees for personal use before
calendar year 2018, if the employer did not qualify under Sec. 1.61-
21(e)(5) to adopt the vehicle cents-per-mile valuation rule for the
vehicle on the first day on which the vehicle was used by the employee
for personal use because the fair market value of the vehicle exceeded
the inflation-adjusted limitation of Sec. 1.61-21(e)(1)(iii) as
published by the IRS in a notice or revenue procedure applicable to the
year the vehicle was first used by the employee for personal use. In
such a case, under the transition rule, the employer may first adopt
the vehicle cents-per-mile valuation rule for the 2018 or 2019 taxable
year based on the maximum fair market value of a vehicle for purposes
of the vehicle cents-per-mile valuation rule set forth in Notice 2019-
08 ($50,000) or Notice 2019-34 ($50,400), respectively.
Similarly, Notice 2019-34 also provides that the Treasury
Department and the IRS intend to amend Sec. 1.61-21(e) to provide a
transition rule for a vehicle first placed in service before calendar
year 2018 if the commuting valuation rule of Sec. 1.61-21(f) was used
when the vehicle was first used by an employee of the employer for
personal use, and the employer did not qualify to switch to the vehicle
cents-per-mile valuation rule on the first day on which the commuting
valuation rule was not used because the vehicle had a fair market value
in excess of the inflation-adjusted maximum permitted under Sec. 1.61-
21(e)(1)(iii) as published by the IRS in a notice or revenue procedure
applicable to the year the commuting valuation rule was first not used.
Under the transition rule, the employer may adopt the vehicle cents-
per-mile valuation rule for the 2018 or 2019 taxable year based on the
maximum fair market value of the vehicle for purposes of the vehicle
cents-per-mile valuation rule set forth in Notice 2019-08 or Notice
2019-34, respectively.
With respect to the transition rules described above, Notice 2019-
34 adds that, consistent with Sec. 1.61-21(e)(5), an employer that
adopts the vehicle cents-per-mile valuation rule must continue to use
the rule for all subsequent years in which the vehicle qualifies for
use of the rule, except that the employer may, for any year during
which use of the vehicle qualifies for the commuting valuation rule of
Sec. 1.61-21(f), use the commuting valuation rule with respect to the
vehicle.
4. Notice of Proposed Rulemaking
On August 23, 2019, a notice of proposed rulemaking was published
in the Federal Register (84 FR 44258) that was consistent with Notice
2019-08 and Notice 2019-34 and reflected changes made by TCJA to the
depreciation limitations in section 280F. The notice of proposed
rulemaking proposed revisions to Sec. 1.61-21(d) and Sec. 1.61-21(e)
to increase, effective for the 2018 calendar year, the maximum base
fair market value of a vehicle for use of the fleet-average and vehicle
cents-per-mile valuation rules to $50,000. The proposed regulations
further provided that the maximum fair market value of a vehicle for
use of the fleet-average and vehicle cents-per-mile valuation rules
will be adjusted annually under section 280F(d)(7), as amended by the
TCJA, and the adjusted maximum fair market value will be included in
the annual notice published by the IRS providing the standard mileage
rates for the use of an automobile for business, charitable, medical,
and moving expense purposes and the maximum standard automobile cost
for purposes of an allowance under a FAVR plan. See, e.g., Notice 2019-
02. Additionally, the proposed regulations provide transition rules
that permit employers that could not adopt the fleet-average or vehicle
cents-per-mile valuation rules prior to 2018 (because a vehicle had a
fair market value in excess of the maximum permitted under the prior
final regulations), to use the special valuation rules for the first
time in 2018 or 2019.
No public hearing on the proposed regulations was requested or
held. No comments responding to the proposed regulations were received.
Therefore, the proposed regulations are adopted as final regulations
without substantive change.
Explanation of Provisions
These final regulations update the fleet-average and vehicle cents-
per-mile valuation rules described in Sec. 1.61-21(d) and (e),
respectively, to align the limitations on the maximum vehicle fair
market values for use of these special valuation rules with the changes
made by the Act to the depreciation limitations in section 280F.
Specifically, consistent with the substantial increase in the dollar
limitations on depreciation
[[Page 6427]]
deductions under section 280F(a), these final regulations increase,
effective for the 2018 calendar year, the maximum base fair market
value of a vehicle for use of the fleet-average or vehicle cents-per-
mile valuation rule to $50,000. Consistent with Sec. Sec. 1.61-
21(d)(5)(v)(D) and 1.61-21(e)(1)(iii)(A) of prior final regulations,
the maximum fair market value of a vehicle for purposes of the fleet-
average and vehicle cents-per-mile valuation rules is adjusted annually
under section 280F(d)(7). This annual adjustment will be calculated in
accordance with section 280F(d)(7) as amended by TCJA.
Consistent with the expectation expressed in Notice 2019-34 and in
the notice of proposed rulemaking, the inflation-adjusted maximum fair
market value for a vehicle for purposes of the fleet-average and
vehicle cents-per-mile valuation rules will be included in the annual
notice published by the IRS providing the standard mileage rates for
the use of an automobile for business, charitable, medical, and moving
expense purposes and the maximum standard automobile cost for purposes
of an allowance under a FAVR plan. See, e.g., Notice 2019-02.
Furthermore, consistent with Notice 2019-34 and the proposed
regulations, the following transition rules are included in these final
regulations:
(1) With respect to the fleet-average valuation rule, if an
employer did not qualify to use the fleet-average valuation rule prior
to January 1, 2018, with respect to an automobile because the fair
market value of the automobile exceeded the inflation-adjusted maximum
value requirement of Sec. 1.61-21(d)(5)(v)(D), as published by the IRS
in a notice or revenue procedure applicable to the year the automobile
was first made available to any employee of the employer, the employer
may adopt the fleet-average valuation rule for 2018 or 2019, provided
the fair market value of the automobile does not exceed $50,000 on
January 1, 2018, or $50,400 on January 1, 2019, respectively.
(2) With respect to the vehicle cents-per-mile valuation rule, for
a vehicle first made available to any employee of the employer for
personal use before calendar year 2018, if an employer did not qualify
under Sec. 1.61-21(e)(5) to adopt the vehicle cents-per-mile valuation
rule on the first day on which the vehicle was used by the employee for
personal use because the fair market value of the vehicle exceeded the
inflation-adjusted limitation of Sec. 1.61-21(e)(1)(iii), as published
by the IRS in a notice or revenue procedure applicable to the year the
vehicle was first used by the employee for personal use, the employer
may first adopt the vehicle cents-per-mile valuation rule for the 2018
or 2019 taxable year with respect to the vehicle, provided the fair
market value of the vehicle does not exceed $50,000 on January 1, 2018,
or $50,400 on January 1, 2019, respectively. Similarly, if the
commuting valuation rule of Sec. 1.61-21(f) was utilized when the
vehicle was first used by an employee of the employer for personal use,
and the employer did not qualify to switch to the vehicle cents-per-
mile valuation rule on the first day on which the commuting valuation
rule was not used because the vehicle had a fair market value in excess
of the inflation-adjusted limitation of Sec. 1.61-21(e)(1)(iii), as
published by the IRS in a notice or revenue procedure applicable to the
year the commuting valuation rule was first not used, the employer may
adopt the vehicle cents-per-mile valuation rule for the 2018 or 2019
taxable year, provided the fair market value of the vehicle does not
exceed $50,000 on January 1, 2018, or $50,400 on January 1, 2019,
respectively. However, consistent with Sec. 1.61-21(e)(5), an employer
that adopts the vehicle cents-per-mile valuation rule must continue to
use the rule for all subsequent years in which the vehicle qualifies
for use of the rule, except that the employer may, for any year during
which use of the vehicle qualifies for the commuting valuation rule of
Sec. 1.61-21(f), use the commuting valuation rule with respect to the
vehicle.
Special Analyses
These final regulations are not subject to review under section
6(b) of Executive Order 12866 pursuant to the Memorandum of Agreement
(April 11, 2018) between the Department of the Treasury and the Office
of Management and Budget regarding review of tax regulations.
It is hereby certified that these final regulations will not have a
significant economic impact on a substantial number of small entities
pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6). This
certification is based on the fact that the final regulations update
existing regulations to comport with the statutory changes to section
280F made by the Act. Although the final regulations might affect a
substantial number of small entities, the economic impact of the final
regulations is not expected to be significant.
Since the current vehicle valuation rules in the regulations are
tied to inflation adjustments under section 280F, the statutory changes
to section 280F necessitate modifications to the procedures for
calculating annual inflation adjustments to the maximum fair market
value of a vehicle permitted for use with the fleet-average and vehicle
cents-per-mile special valuation rules. These revised special valuation
rules are consistent with the base values and methodology used for
section 280F purposes and simplify the determination of the amount
employers must include in employees' income and wages for income and
employment tax purposes for the personal use of employer-provided
vehicles. The modifications made by these final regulations to the
maximum fair market value of a vehicle permitted for use with the
fleet-average and vehicle cents-per-mile special valuation rules, and
the transition rules provided in connection with these final
regulations, increase the number of employers and employees that may
take advantage of the special valuation rules, without increasing costs
to the employer.
Pursuant to section 7805(f), the proposed regulations preceding
these final regulations was submitted to the Chief Counsel for Advocacy
of the Small Business Administration for comment on its impact on small
business. No comments were received.
Drafting Information
The principal author of these regulations is Stephanie Caden of the
Office of the Associate Chief Counsel (Employee Benefits, Exempt
Organizations, and Employment Tax). However, other personnel from the
IRS and the Treasury Department participated in their development.
Statement of Availability
The IRS Notices, Revenue Procedures and the Notice of Proposed
Rulemaking cited in this preamble are published in the Internal Revenue
Bulletin (or Cumulative Bulletin) and are available from the
Superintendent of Documents, U.S. Government Publishing Office,
Washington, DC 20402, or by visiting the IRS website at http://www.irs.gov.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Accordingly, 26 CFR part 1 is amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805* * *
0
Par. 2. Section 1.61-21 is amended by revising paragraph (d)(5)(v)(D),
adding
[[Page 6428]]
paragraphs (d)(5)(v)(G) and (H), revising paragraph (e)(1)(iii)(A),
revising paragraph (e)(5)(i), and adding paragraphs (e)(5)(vi) and
(e)(6), to read as follows:
Sec. 1.61-21 Taxation of fringe benefits.
* * * * *
(d) * * *
(5) * * *
(v) * * *
(D) Limitations on use of fleet-average rule. The rule provided in
this paragraph (d)(5)(v) may not be used for any automobile the fair
market value of which (determined pursuant to paragraphs (d)(5)(i)
through (iv) of this section as of the first date on which the
automobile is made available to any employee of the employer for
personal use) exceeds $50,000, as adjusted by section 280F(d)(7). The
first such adjustment shall be for calendar year 2019. In addition, the
rule provided in this paragraph (d)(5)(v) may only be used for
automobiles that the employer reasonably expects will regularly be used
in the employer's trade or business. For rules concerning when an
automobile is regularly used in the employer's business, see paragraph
(e)(1)(iv) of this section.
* * * * *
(G) Transition rule for 2018 and 2019. Notwithstanding paragraph
(d)(5)(v)(B) of this section, an employer that did not qualify to use
the fleet-average valuation rule prior to January 1, 2018, with respect
to any automobile (including a truck or van) because the fair market
value of the vehicle exceeded the inflation-adjusted maximum value
requirement of paragraph (d)(5)(v)(D) of this section, as published by
the Service in a notice or revenue procedure applicable to the year the
vehicle was first made available to any employee of the employer, may
adopt the fleet-average valuation rule for 2018 or 2019 with respect to
the vehicle, provided the fair market value of the vehicle does not
exceed $50,000 on January 1, 2018, or $50,400 on January 1, 2019,
respectively.
(H) Applicability date. Paragraphs (d)(5)(v)(D), and (G) of this
section apply to taxable years beginning on or after February 5, 2020.
Notwithstanding the first sentence of this paragraph (d)(5)(v)(H), any
taxpayer may choose to apply paragraph (d)(5)(v)(G) of this section
beginning on or after January 1, 2018.
* * * * *
(e) * * *
(1) * * *
(iii) * * *
(A) In general. The value of the use of an automobile (as defined
in paragraph (d)(1)(ii) of this section) may not be determined under
the vehicle cents-per-mile valuation rule of this paragraph (e) for a
calendar year if the fair market value of the automobile (determined
pursuant to paragraphs (d)(5)(i) through (iv) of this section as of the
first date on which the automobile is made available to any employee of
the employer for personal use) exceeds $50,000, as adjusted by section
280F(d)(7). The first such adjustment shall be for calendar year 2019.
* * * * *
(5) * * *
(i) Use of the vehicle cents-per-mile valuation rule by an
employer. An employer must adopt the vehicle cents-per-mile valuation
rule of this paragraph (e) for a vehicle to take effect by the first
day on which the vehicle is used by an employee of the employer for
personal use (or, if the commuting valuation rule of paragraph (f) of
this section is used when the vehicle is first used by an employee of
the employer for personal use, the first day on which the commuting
valuation rule is not used).
* * * * *
(vi) Transition rule for 2018 and 2019. For a vehicle first made
available to any employee of an employer for personal use before
calendar year 2018, an employer that did not qualify under this
paragraph (e)(5) to adopt the vehicle cents-per-mile valuation rule on
the first day on which the vehicle is used by the employee for personal
use because the fair market value of the vehicle exceeded the
inflation-adjusted limitation of paragraph (e)(1)(iii) of this section,
as published by the Service in a notice or revenue procedure applicable
to the year the vehicle was first used by the employee for personal
use, may first adopt the vehicle cents-per-mile valuation rule for the
2018 or 2019 taxable year, provided the fair market value of the
vehicle does not exceed $50,000 on January 1, 2018, or $50,400 on
January 1, 2019, respectively. Similarly, for a vehicle first made
available to any employee of the employer for personal use before
calendar year 2018, if the commuting valuation rule of paragraph (f) of
this section was used when the vehicle was first used by the employee
for personal use, and the employer did not qualify to switch to the
vehicle cents-per-mile valuation rule of this paragraph (e) on the
first day on which the commuting valuation rule of paragraph (f) of
this section was not used because the vehicle had a fair market value
in excess of the inflation-adjusted limitation of paragraph (e)(1)(iii)
of this section, as published by the Service in a notice or revenue
procedure applicable to the year the commuting valuation rule was first
not used, the employer may adopt the vehicle cents-per-mile valuation
rule for the 2018 or 2019 taxable year, provided the fair market value
of the vehicle does not exceed $50,000 on January 1, 2018, or $50,400
on January 1, 2019, respectively. However, in accordance with paragraph
(e)(5)(ii) of this section, an employer that adopts the vehicle cents-
per-mile valuation rule pursuant to this paragraph (e)(5)(vi) must
continue to use the rule for all subsequent years in which the vehicle
qualifies for use of the rule, except that the employer may, for any
year during which use of the vehicle qualifies for the commuting
valuation rule of paragraph (f) of this section, use the commuting
valuation rule with regard to the vehicle.
(6) Applicability date. Paragraphs (e)(1)(iii)(A) and (e)(5)(i) and
(vi) of this section apply to taxable years beginning on or after
February 5, 2020. Notwithstanding the first sentence of this paragraph
(e)(6), any taxpayer may choose to apply paragraph (e)(5)(vi) of this
section beginning on or after January 1, 2018.
* * * * *
Sunita Lough,
Deputy Commissioner for Services and Enforcement.
Approved: January 17, 2020.
David J. Kautter,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2020-02158 Filed 2-4-20; 8:45 am]
BILLING CODE 4830-01-P