Business Tax Preparation · Business expenses, deductions and credits
Vehicle use and expenses
tax year · reviewed 2026-08-21 · Draft for N. O. review
A vehicle used in a business raises three questions in sequence: how much of its use is business use, which method the taxpayer uses to measure the cost, and what happens when the business proportion falls. The third is where the money is, because the statute recaptures depreciation already taken.
The rule
The deduction. Vehicle running costs are ordinary and necessary expenses of carrying on a trade or business (IRC § 162(a)), deductible in the business proportion of their actual amount — unless the taxpayer uses the optional method instead.
The optional method. Verified 2026-08-21Reg. § 1.274-5(j)(2), opened at law.cornell.edu/cfr/text/26/1.274-5 (Reg. § 1.274-5(j)(2)). Note both halves: the rate replaces the substantiation of cost, and replaces nothing else.
Records. Verified 2026-08-21IRC § 274(d), opened at law.cornell.edu/uscode/text/26/274 (IRC § 274(d)), a vehicle being listed property within IRC § 280F(d)(4). The one relief is Verified 2026-08-21Reg. § 1.274-5(k)(1), opened at law.cornell.edu/cfr/text/26/1.274-5; IRC § 274(d), closing sentence (Reg. § 1.274-5(k)(1)).
Depreciation caps. {fig:vehicle.280F_caps} (IRC § 280F(a)(1)(A)), and {fig:vehicle.280F_unrecovered} (IRC § 280F(a)(1)(B)). Those statutory figures are indexed under IRC § 280F(d)(7) and republished each year. For a passenger automobile placed in service in 2026 the limitations are {fig:vehicle.280F_bonus_2026} (Rev. Proc. 2026-15 Table 1), and where no IRC § 168(k) deduction applies, {fig:vehicle.280F_nobonus_2026} (Rev. Proc. 2026-15 Table 2). The gap between the two tables is exactly {fig:vehicle.280F_bonus_uplift}, and {fig:vehicle.280F_no_bonus_when} (Rev. Proc. 2026-15 § 2.03).
The current mileage rate. Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 3 (Notice 2026-10 § 3). Two other rates travel with it — Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 3; IRC § 170(i), opened at law.cornell.edu/uscode/text/26/170 and Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 3. And the rate is not free of basis consequences: Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 4 (Notice 2026-10 § 4).
Leases and allowances. Verified 2026-08-21Rev. Proc. 2026-15 § 4.01, opened at irs.gov/pub/irs-drop/rp-26-15.pdf § 4.02 Table 3; Reg. § 1.280F-7(a), opened at law.cornell.edu/cfr/text/26/1.280F-7 (Rev. Proc. 2026-15 Table 3), and Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf §§ 5 and 6 (Notice 2026-10 §§ 5 and 6).
When business use falls. {fig:vehicle.280F_fifty_percent} (IRC § 280F(b)(1)), and {fig:vehicle.280F_recapture} (IRC § 280F(b)(2)(A)).
Current figures
| Item | Rule | Authority |
|---|---|---|
| Authority for the mileage method | Verified 2026-08-21Reg. § 1.274-5(j)(2), opened at law.cornell.edu/cfr/text/26/1.274-5 | Reg. § 1.274-5(j)(2) |
| Authority for a meal rate | Verified 2026-08-21Reg. § 1.274-5(j)(1), opened at law.cornell.edu/cfr/text/26/1.274-5 | Reg. § 1.274-5(j)(1) |
| Substantiation | Verified 2026-08-21IRC § 274(d), opened at law.cornell.edu/uscode/text/26/274 | IRC § 274(d) |
| Qualified nonpersonal use vehicles | Verified 2026-08-21Reg. § 1.274-5(k)(1), opened at law.cornell.edu/cfr/text/26/1.274-5; IRC § 274(d), closing sentence | Reg. § 1.274-5(k)(1) |
| Statutory depreciation caps | {fig:vehicle.280F_caps} | IRC § 280F(a)(1)(A) |
| 2026 caps, with IRC § 168(k) | {fig:vehicle.280F_bonus_2026} | Rev. Proc. 2026-15 Table 1 |
| 2026 caps, without IRC § 168(k) | {fig:vehicle.280F_nobonus_2026} | Rev. Proc. 2026-15 Table 2 |
| 2026 business mileage rate | Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 3 | Notice 2026-10 § 3 |
| Basis reduction per business mile | Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 4 | Notice 2026-10 § 4 |
| Lease inclusion | Verified 2026-08-21Rev. Proc. 2026-15 § 4.01, opened at irs.gov/pub/irs-drop/rp-26-15.pdf § 4.02 Table 3; Reg. § 1.280F-7(a), opened at law.cornell.edu/cfr/text/26/1.280F-7 | Rev. Proc. 2026-15 Table 3 |
| Maximum FAVR automobile cost | Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf §§ 5 and 6 | Notice 2026-10 § 5 |
| Unrecovered basis | {fig:vehicle.280F_unrecovered} | IRC § 280F(a)(1)(B) |
| Below predominant business use | {fig:vehicle.280F_fifty_percent} | IRC § 280F(b)(1) |
| Recapture | {fig:vehicle.280F_recapture} | IRC § 280F(b)(2)(A) |
| Expensing election | Verified 2026-08-21Rev. Proc. 2025-32 § 3.24, opened at irs.gov/pub/irs-drop/rp-25-32.pdf; statutory rule at IRC § 179(b)(5)(A) | IRC § 179(b)(5)(A) |
How it works in practice
The mileage rate replaces costs, not records. Verified 2026-08-21Reg. § 1.274-5(j)(2), opened at law.cornell.edu/cfr/text/26/1.274-5 (Reg. § 1.274-5(j)(2)). A taxpayer using it still has to record the business mileage of each use and the time and business purpose of it. What the rate does is relieve them of proving what the fuel, oil, tyres, repairs, insurance, registration and depreciation actually cost. That is why the answer to “may I also deduct my vehicle insurance?” is no — the rate already includes it, and deducting it separately would count it twice.
What is not in the rate. Parking and tolls incurred for business are deductible on top, because they are not costs of operating the vehicle over a mile. So is the business portion of interest on a loan to buy the vehicle, for a taxpayer other than an employee, and so are personal property taxes on it. Those three are the standard additions.
Choosing the method is a decision with consequences for the whole life of the vehicle. A taxpayer who uses the mileage rate in the first year the vehicle is placed in service is treated as having elected out of the depreciation regimes for it, and the rate is deemed to include a depreciation component that reduces basis year by year. A taxpayer who claims actual expenses and depreciation in the first year, particularly by expensing under IRC § 179 or claiming bonus depreciation, cannot switch to the mileage rate later for that vehicle. The first-year choice is the one that matters.
Depreciation on a passenger automobile is capped four ways over. {fig:vehicle.280F_caps} (IRC § 280F(a)(1)(A)). The figures in the statute are adjusted for inflation and republished annually — for 2026, {fig:vehicle.280F_bonus_2026}. The practical effect is that a car costing more than a modest amount is recovered over far longer than its recovery period, and {fig:vehicle.280F_unrecovered} (IRC § 280F(a)(1)(B)) picks up what is left. Note that the first-year figure is the only one of the four that the IRC § 168(k) deduction moves, and it moves by a fixed statutory amount rather than proportionally.
The IRC § 179 election does not escape the caps. Expensing a car under IRC § 179 is still subject to the IRC § 280F(a) limitation for that year, and a sport utility vehicle above the weight threshold has its own separate ceiling: Verified 2026-08-21Rev. Proc. 2025-32 § 3.24, opened at irs.gov/pub/irs-drop/rp-25-32.pdf; statutory rule at IRC § 179(b)(5)(A) (IRC § 179(b)(5)(A)).
The recapture rule is the trap. {fig:vehicle.280F_fifty_percent} (IRC § 280F(b)(1)) and {fig:vehicle.280F_recapture} (IRC § 280F(b)(2)(A)). Two separate things happen when qualified business use falls to half or less in a year after the vehicle was placed in service: the excess of the depreciation actually taken over what the alternative depreciation system would have given is included in gross income that year, and depreciation for that year and all later years is computed under IRC § 168(g). The recapture is ordinary income and it is not deferred.
“Qualified business use” is narrower than “business use.” Use in a trade or business counts; use in an income-producing activity that is not a trade or business does not, for the predominant use test, though it can still support a deduction. The distinction matters only at the margin, but that is exactly where the fifty per cent line is drawn.
The same van, two methods
Kelsale Plumbing buys a van for $46,000 and drives it 30,000 miles in the year, of which 24,000 are business miles. Actual running costs are fuel $5,600, insurance $2,100, repairs $1,900 and registration $400 — $10,000 in all — before any depreciation.
Actual expenses. The business proportion is 24,000 over 30,000, or 80 percent, so $8,000 of the running costs is deductible. Depreciation is claimed on 80 percent of the $46,000 cost, subject to the IRC § 280F(a) caps if the van is a passenger automobile — many work vans are not, because they fall outside the definition, and then the caps do not apply at all.
The mileage rate. The deduction is 24,000 business miles at Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 3, and nothing else from that list is deductible: not the insurance, not the repairs, not the registration, and no depreciation, because the rate is deemed to include them all. The basis of the van still falls, by Verified 2026-08-21Notice 2026-10, opened at irs.gov/pub/irs-drop/n-26-10.pdf § 4 — so choosing the mileage rate defers no recapture, it merely relabels where the depreciation came from.
Parking and tolls incurred on business calls are deductible under either method, and so is the business share of any interest on the loan that bought the van.
Which is better depends entirely on the rate and the actual costs, and the calculation must be done. What cannot be done is picking the rate and then adding the insurance back.
The car that stopped being a business car
Marlesford Design buys a car in 2026, uses it 80 percent for business, and claims depreciation accordingly under the ordinary rules subject to the IRC § 280F(a) caps. In 2029 the principal shifts most of her work to a home studio and business use falls to 35 percent.
{fig:vehicle.280F_fifty_percent} (IRC § 280F(b)(1)): from 2029 depreciation is computed under the alternative depreciation system of IRC § 168(g), which uses a longer recovery period and the straight line method.
{fig:vehicle.280F_recapture} (IRC § 280F(b)(2)(A)): because the car was predominantly used in a qualified business use in the year it was placed in service and is not in 2029, the excess depreciation — everything taken for 2026 to 2028 above what IRC § 168(g) would have given — is included in gross income for 2029.
The recapture is ordinary income in a year when the business is doing less, and it is triggered by a change in usage rather than by any disposal. Had business use been 35 percent from the start, there would have been no recapture, because IRC § 280F(b)(2)(A)(i) requires predominant qualified business use in the year of placing in service.
The mileage log that was not kept
A sole proprietor drives her own car for client visits all year. She has bank statements showing fuel purchases, an insurance certificate, and a diary of client appointments, but no record of odometer readings or of the mileage of individual trips. She estimates 11,000 business miles.
Verified 2026-08-21IRC § 274(d), opened at law.cornell.edu/uscode/text/26/274 (IRC § 274(d)) applies to listed propertyProperty, such as a vehicle, that's often used for both business and personal purposes. It comes with extra recordkeeping requirements and stricter depreciation rules to prevent claiming personal use as business use., and a passenger automobile is listed property. The subsection provides that no deduction shall be allowed unless the taxpayer substantiates the amount, the time and place, the business purpose and the business relationship.
Verified 2026-08-21Reg. § 1.274-5(j)(2), opened at law.cornell.edu/cfr/text/26/1.274-5 (Reg. § 1.274-5(j)(2)) does not rescue her. The mileage method relieves a taxpayer of substantiating cost; it says expressly that the taxpayer “will not be relieved of the requirement to substantiate the amount of each business use (i.e., the business mileage), or the time and business purpose of each use.”
Her appointment diary goes some way to the time and purpose. What is missing is the mileage of each use, and an annual estimate is not that. Under IRC § 274(d) the shortfall is fatal rather than merely weakening — this is one of the few places in the Code where a genuine expense is disallowed for want of records.
The same car, a different placed-in-service year
A logistics company buys two identical $70,000 sedans, using each 100 percent for business. One is placed in service in 2025; the other, otherwise identical, is placed in service in 2026.
{fig:vehicle.280F_bonus_2026} states {fig:vehicle.280F_caps} specifically for a passenger automobile placed in service in 2026. The 2025 sedan is governed instead by whatever table Rev. Proc. guidance published for that earlier year — a different set of depreciationDeducting the cost of a business or income-producing asset gradually over its useful life, rather than all in the year it was bought, because the asset keeps providing value for years afterward. limits for the same recovery period, fixed to each vehicle for its entire life by the year it entered service, not by the year any particular return happens to be filed.
Two identical cars, bought for the identical price and used identically, carry different depreciation ceilings for years to come — because the statutory caps are indexed and republished annually, and each vehicle is locked to the table current when it was placed in service.
The SUV that hit its own ceiling
A consulting firm buys a $95,000 sport utility vehicle rated above the weight threshold that takes it outside the definition of a passenger automobile, places it in service in 2026 with 100 percent business use, and elects to expense it in full under Section 179 deductionAn election letting a business currently deduct the full cost of qualifying equipment in the year it's put to use, instead of depreciating it over several years..
Because the vehicle is not a passenger automobile, {fig:vehicle.280F_caps} does not apply to it at all — the limitation built by {fig:vehicle.280F_bonus_2026} is for cars, not heavy trucks and SUVs. But the election is not unlimited either: Verified 2026-08-21Rev. Proc. 2025-32 § 3.24, opened at irs.gov/pub/irs-drop/rp-25-32.pdf; statutory rule at IRC § 179(b)(5)(A) caps what can be expensed on a sport utility vehicle specifically, so the firm’s deduction stops there and the remaining cost is recovered through ordinary depreciation instead.
Escaping one limitation does not mean escaping all of them. The SUV avoided the ceiling built for cars and ran straight into the one Congress built for SUVs instead.
The mileage rate includes insurance, repairs and depreciation. Adding any of them on top is double counting. Parking, tolls, interest and personal property taxes are the exceptions.
It does not include record keeping. {fig:vehicle.mileage_authority} (Reg. § 1.274-5(j)(2)) relieves the taxpayer of substantiating cost and nothing else.
Falling below predominant business use does two things, not one. {fig:vehicle.280F_fifty_percent} and {fig:vehicle.280F_recapture}. Prospective alternative depreciation, and current inclusion of the excess already taken.
Recapture needs predominant use in the year placed in service. IRC § 280F(b)(2)(A)(i). A vehicle that was never predominantly business is on the alternative system from the start and has nothing to recapture.
Expensing does not defeat the caps. An IRC § 179 election on a passenger automobile is still limited by IRC § 280F(a), and a sport utility vehicle has its own ceiling in {fig:depr.179_suv_2026}.
The first-year method choice binds. Claiming depreciation or expensing in the first year forecloses the mileage rate for that vehicle later.
How this has changed
The 2026 figures on this page come from annual guidance, not from statute, and they move every year. The mileage rate is set under the authority in Reg. § 1.274-5(j)(2) and published in Notice 2026-10; the IRC § 280F(a) caps are indexed under IRC § 280F(d)(7) and published in Rev. Proc. 2026-15. Always check the year on the face of the document before relying on a figure from either source.
The two 2026 depreciation tables now differ only in the first year, and by a fixed amount. That is the visible consequence of Pub. L. 119-21 § 70301 making the IRC § 168(k) deduction permanent at the full rate: Rev. Proc. 2026-15 states that its Table 1 applies whether the deduction is allowed under the amended § 168(k) or under former § 168(k), whose applicable percentage for property acquired before 20 January 2025 and placed in service in 2026 has phased down to a fifth. Two different statutory routes, one table.
The statutory caps in IRC § 280F(a)(1)(A) were raised sharply in 2017 and are the base for indexation. Pub. L. 115-97 § 13202(a) replaced figures that had stood at a fraction of their present level. Material that quotes the caps without saying which year it means is describing a figure that has moved every year since.
The employee’s side of this topic has been closed since 2018. An employee who uses their own car for work has no deduction, because unreimbursed employee business expenses are miscellaneous itemized deductions and Verified 2026-08-19IRC § 67(h) as amended by Pub. L. 119-21 § 70110(a), (b)(2) — https://www.law.cornell.edu/uscode/text/26/67. Pub. L. 119-21 § 70110(a) made that permanent and § 70110(b)(2) moved the suspension from IRC § 67(g) to IRC § 67(h). So a vehicle question about an employee is answered by the absence of a deduction, and only an accountable plan reimbursement from the employer produces a result. A statutory employee within IRC § 3121(d)(3) is on Schedule C and is unaffected.
Nothing in Pub. L. 119-21 amended IRC § 280F, so the mechanics on this page are unchanged for 2026.
Exam focus
Expect a method comparison. Know precisely what the mileage rate subsumes — insurance, repairs, fuel, registration and depreciation — and what sits outside it: parking, tolls, interest and personal property taxes.
Expect the recapture rule. When business use falls to half or less after a year of predominant use, two things happen, and a question that offers only the prospective change is offering half the answer.
Know that substantiation under IRC § 274(d) applies to a vehicle as listed property, that the mileage method does not relieve it, and that failure is fatal to the deduction rather than merely unhelpful.
Finally, for an employee, start from the suspension of miscellaneous itemized deductions. The deduction the question invites usually does not exist.
Check yourself
1. A business uses the standard mileage rate for its cars. May it also deduct their insurance premiums?
Answer: No. The rate is set under Verified 2026-08-21Reg. § 1.274-5(j)(2), opened at law.cornell.edu/cfr/text/26/1.274-5 (Reg. § 1.274-5(j)(2)) in lieu of substantiating the actual costs of using the vehicle, and insurance is one of those costs. Deducting it separately would count it twice. Parking, tolls, loan interest and personal property taxes are outside the rate and remain deductible.
2. A car placed in service with 70 percent business use drops to 40 percent in its fourth year. What happens?
Answer: Two things. {fig:vehicle.280F_fifty_percent} (IRC § 280F(b)(1)) puts depreciation for that year and all later years onto the alternative depreciation system, and {fig:vehicle.280F_recapture} (IRC § 280F(b)(2)(A)) includes the excess of the depreciation already taken over what IRC § 168(g) would have allowed in gross income for that fourth year.
3. A vehicle has been used 30 percent for business since it was placed in service. Is there recapture when business use falls further?
Answer: No. IRC § 280F(b)(2)(A)(i) requires that the property was predominantly used in a qualified business use in the year it was placed in service. It was not, so the alternative depreciation system applied from the outset and there is no excess depreciation to recapture.
4. An employee drives 9,000 business miles in her own car and is not reimbursed. What may she deduct?
Answer: Nothing. Unreimbursed employee business expenses are miscellaneous itemized deductions, and Verified 2026-08-19IRC § 67(h) as amended by Pub. L. 119-21 § 70110(a), (b)(2) — https://www.law.cornell.edu/uscode/text/26/67. Her remedy is an accountable plan reimbursement from her employer, which is excluded from her income and deducted by the employer.
5. A taxpayer keeps a diary of client appointments and receipts for fuel, but no record of the mileage of individual trips. May he use the mileage rate on an annual estimate?
Answer: No. Verified 2026-08-21Reg. § 1.274-5(j)(2), opened at law.cornell.edu/cfr/text/26/1.274-5 (Reg. § 1.274-5(j)(2)) says in terms that the taxpayer is not relieved of substantiating the business mileage of each use, and Verified 2026-08-21IRC § 274(d), opened at law.cornell.edu/uscode/text/26/274 (IRC § 274(d)) makes substantiation a condition of the deduction. An annual estimate is not a record of each business use.
Change log
- Initial draft. Sets out the choice between actual expenses and the optional mileage method authorised by Reg. § 1.274-5(j)(2), what the mileage rate subsumes, the IRC § 280F(a) caps on depreciation of a passenger automobile with the treatment of unrecovered basis, and the IRC § 280F(b) rule that drops listed property to the alternative depreciation system and recaptures excess depreciation when qualified business use falls to half or less. The current-year figures are stated: the 2026 mileage rates and basis reduction from Notice 2026-10 and the 2026 IRC § 280F(a) limitation tables and lease inclusion figure from Rev. Proc. 2026-15.
- Adds the 2026 annual figures, both opened at source today. Notice 2026-10 supplies the business, charitable and medical mileage rates, the portion of each business mile treated as depreciation, and the maximum standard automobile cost for a fixed and variable rate plan. Rev. Proc. 2026-15 supplies both IRC § 280F(a) limitation tables for automobiles placed in service in 2026 and the fair market value at which the lease inclusion table begins, and records that the two tables now differ only in the first year and only by the fixed IRC § 168(k)(2)(F)(i) amount.
- Added a plain-language summary, glossary marks, and two typed scenarios (timing, interaction) alongside the three existing ones now typed baseline/boundary/fails.
Related topics
- Business travel, meals, and gift expenses 2.2.2.e
- Depreciation, amortization (start-up and organizational cost), IRC Section 179, depletion, bonus depreciation, and correcting errors 2.2.2.c
- Officers and employees’ compensation (e.g., deductibility, fringe benefits, rules of family employment, statutory employee, necessary and reasonable) 2.2.2.a
- Business rental deduction, including self-rentals 2.2.2.b
- Insurance expense 2.2.2.h
- Depreciation recovery (e.g., recapture, IRC Section 280F) 2.2.4.e
- Record-keeping requirements (e.g., mileage log, accountable plans) 2.2.5.c