Legal Question in Tax Law in Illinois

Personal car leasing

My son is a courier who uses his car for business. When his car gave out, I bought one for his use because he didn't have the resources or credit to buy his own. Can I lease the car to him so that he can deduct the mileage or must I put the car in his name?


Asked on 4/01/05, 5:21 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Personal car leasing

AS you apparently suspect, leasing the car is the better non-tax answer. But be sure to maintain appropriate insurance.

If your son has the legal obligation to pay for the lease, and the operating expenses, he can deduct the costs of operating the car to the extent it is used for business, and to the extent he meets the recordkeeping requirements, etc. for the auto expense deduction. He should consult with a CPA or tax attorney, and you should, too, if you want to confirm your tax consequences to both parties, and obtain a valid auto lease.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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Answered on 4/01/05, 5:47 pm


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