On March 9, the IRS Office of Chief Counsel released a Chief Counsel Advice (CCA) which concluded that an aircraft owner who hired a management company to help operate and maintain the aircraft owed transportation tax on the amounts paid to the management company for management and pilot services. This advice is contrary to the official position of the IRS. Although the CCA does not represent the official opinion of the IRS, there has been a growing tendency for IRS auditors to question management company arrangements, and the CCA may exacerbate the problem. In the meantime, management companies and their customers should review their agreements to make sure that they are in compliance with current IRS and FAA requirements.
An Analysis of the Recent IRS Chief Counsel Advice Asserting that Management Companies are Subject to Transportation Tax
April 6th, 2012
Saving Taxes With an Aircraft Leasing Company
August 14th, 2009
The sales and use tax laws generally apply only to the purchase and use of property by the final consumer. To avoid taxing intermediate sales, almost all States have a resale exemption which allows resellers to purchase and use property tax-free. This exemption generally applies to lessors. Instead of paying tax on the purchase or use of the property, the lessor will charge sales tax on the lease payments. An aircraft investor can take advantage of this exemption by creating a captive aircraft leasing company to purchase the aircraft and to lease the aircraft to the users.
Valuing Personal Flights
December 5th, 2007
For more than 20 years, tax advisors have anxiously awaited the end of October, when they could start making the aircraft fringe benefit calculations for the year. While these rules have remained essentially unchanged, they are not the kind of subject that is easy to remember. This article provides you with your annual refresher.
Piling on Taxes
November 5th, 2007
A few seasons ago, Congress and the press gang-tackled the general aviation community with the Anti-Sutherland legislation. Now the states and airlines seem to want to join in the fun, trying to tackle general aviation on a number of state tax issues.
Computing Disallowed Deductions
September 5th, 2007
The regulations governing entertainment flights provide a mixed bag of options. Until the IRS adopts final regulations. taxpayers can rely on any of three different sets of rules to calculate disallowed deductions : the old rules, IRS Notice 2005-45 and the proposed regulations.
Entertainment Flights
August 5th, 2007
On June 14, 2007 the IRS issued proposed regulations that supersede IRS Notice 2005-45. The most important change in the proposed regulations relates to the computation of deductions allocable to entertainment flights.
Have Spouse will Travel
June 5th, 2007
Spouse business travel can have a positive impact on the company and, if properly documented, very little negative tax impact.
Dynamic Depreciation
April 5th, 2007
The tax laws allow an aircraft owner to claim generous depreciation deductions on business aircraft. Slower depreciation can maximize deductions.
Taxes on Aircraft, State and Local Taxation
March 5th, 2007
There is no credit for registration or property taxes paid to other states. This makes little sense where the registration tax is essentially equal to the property tax. However, no one with the right facts has stepped forward to take this question to the Supreme Court.
