Big Truck New Trucks, GVWR, Pusher Axles, and FET......again

usafk9

Veteran Expediter
Considering buying a truck and adding a tag or pusher axle? Already bought one, and your friendly expedite truck dealer sent you just down the road to “his guy” where you paid cash to have the axle added, outside of the sale of your truck? Better give this some long thought. He told you if you did that, you wouldn’t have to pay Federal Excise Tax, right? Or, you’d just be rolling the dice, and odds were greatly in your favor that you wouldn’t get caught.

In http://www.expeditersonline.com/forums/threads/federal-excise-tax-info.18412/, Phil talks about doing his homework when building his truck.

In http://www.expeditersonline.com/forums/threads/excise-tax.27479/#post-214056, Frank Katz suggests the poster wait until after the purchase, so some mythical clock expires that would allow taxation of this truck add-on.

In http://www.expeditersonline.com/forums/threads/our-new-straight-truck.59885/page-5#post-658590, another team appears to be following FKatz advice, as he acknowledges he is their tax guy, and also considering waiting for the clock to strike midnight, and their tax liability to turn into a pumpkin. Another owner from Michigan appears to thumb his nose at the tax.

Sorry for the joke. Here’s the no-laughing-matter part:

Last week, in a Facebook group I’m a member of, another member who owns 3 new and one newer trucks was talking about his recent face-to-face audit by the IRS for deducting the expense of pusher axles on his 3 new trucks from last tax year’s income. The result? He now has a very unanticipated $84,000 tax bill. That’s for the addition of pusher axles to his 4 trucks (3-2014’s, one 2012). The tax is due on all four, as he changed the carrying capacity on all 4 over the 33,000 GVWR threshold. He argued, in vain, over the 2012, and the urban-legendary 6-month rule. He was shown the rule by the IRS investigator. The 6-months is for accessories. The tag or pusher axle is considered a chassis component by the IRS. One particularly vocal member of this Facebook group, touting their decades of experience, firmly stated that GVWR had no bearing on FET. Um, yeah. Go with that.

The nice part? The KGB, er, IRS, is allowing this person to make installments on his tax burden. Oh, and that’s complete with interest. To the date they installed the axles. The “nice” comment was sarcasm.

Now let’s think about this for a minute: Your salesman advises you to go down the road, so that you can avoid some tax. Somebody, somewhere, catches wind that this is happening. The IRS investigator told this fella he was the third fleet owner they’re collecting from. Further said they’ve been investigating this for a while, and this is just the tip of the iceberg. Seriously, think about that. How many trucks have the two large expediter truck-selling dealerships churned out in the last several years? How many fleet owners are there that bought these trucks? I can think of one, a really big fleet, and their use of this tactic dates back to even another dealer. Some of the same folks involved, too. Now you get a notice. You’re getting called on the carpet. You’re pissed, maybe partly at yourself, for falling into this stupid scheme in the first place, but maybe a little more at the dealer for setting up this scheme. I wonder why couldn’t they just be upfront about it, include the FET in the sale price. Are the trucks overpriced? Would the increase in price push the total dollar amount over the palatability threshold for a lender? One of the members of the FB group I speak of was a salesman for one of these dealers. After reading the post, he reported the post to Facebook as offensive, and it was promptly taken down (kind of like the filing of a personal protection order – you can complain uncontested, and the alleged ‘offender’ has an opportunity to contest). Long story short: It was fairly obvious he didn’t want this information out there. Are these folks complicit in tax evasion? Not for me to decide. I know if I were them, I’d have trouble sleeping at night.



What would I do? I would get in front of it. Now. Today. INTEREST NEVER SLEEPS. Get in front of it today, and is starting to go away. You owe it, and you know it. That’s just me. That’s what I would do.

If you buy a new or used truck, and it's GVWR is 33,000 pounds, and you upfit it with an additional axle to carry one ounce more than that, you owe 12% Federal excise tax on the entire purchase price of the vehicle, plus the additional chassis components. Doesn't matter if you do it today, 6 months from now, or 40 years from now. If you're the original purchaser, and you made the changes, you owe it. Don't take my word for it. Call the folks who are going to levy the tax against you.

None of what I am saying above should be construed as tax advice. I do suggest using the services of an Enrolled Agent(EA) or a CPA. If they don’t have those letters in the alphabet soup after their name, they don’t have the authority to represent you in an argument in front of the IRS.

Mods, feel free to move wherever you please. I picked General, as it was a mix of truck spec and tax.

BTW, Phil did his homework. He was right.
 
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davekc

Senior Moderator
Staff member
Fleet Owner
Good information. Been warning folks for years, and some listened, and some didn't.
 

bubblehead

Veteran Expediter
Thanks for your information. There are times when the IRS has erred in their determination of liability however most victories are of little value when the battle sails the citizen defendant (tax payer) into a sea of debt.

It is not uncommon for an IRS agent to misinterpret the regulations pertaining to whatever target area is in their focus.

An article in April 1998 refers to the 6 month rule and the "additional manufacturing" as it relates to the FET.
http://trailer-bodybuilders.com/archive/excise-tax-changes-under-new-federal-law

The six-month rule. Previously, buyers of taxable trucks could add a maximum of $200 in parts and accessories within the first six months of the purchase. Purchases in excess of $200 were subject to federal excise tax. Last year's legislation raises that threshold to $1,000.

"As before, the owner of the vehicle under the rule is primarily liable for the tax," Sidman explained. "The installer is still secondarily liable. However, the IRS has never clarified the meaning of secondary liability."

Tire tax credit. The second change involves how the taxable price of the chassis is computed. Previously, the seller was allowed to deduct the fair market value of the tires. Congress has replaced the deduction for fair market value with a credit for the actual excise tax paid on the tires. The old system was a common cause for tax audits.

"It became a huge audit issue," Sidman said. "Invariably, whatever number you came up with for the deduction, the auditor decided it was too high."

Tax on further manufacturing. This is the third and most important change, according to Sidman. Starting January 1, 1998, the new legislation all but eliminates the tax on further manufacturing on items that previously were taxed.

Sidman used the example of a single-axle truck rated at 34,000 pounds GVW that already had been taxed. If subsequently a lift axle is added to the truck, there will not be tax-unless the cost of the axle and installation is more than 75% of a comparable tandem-axle truck.

"Because the threshold is so high, there are almost no modifications that would be performed that would exceed the 75% threshold," Sidman said. "Most people would not pay that kind of money for a modification."

The same holds true for the restoration of trucks and for work that changes the transportation function of a vehicle, such as converting tractors to or from straight trucks. In these cases, when the cost is less than 75% of a comparable vehicle, no tax must be paid, unless the vehicle has not been previously taxed and the six-month rule does not apply.

"For the garden variety of cases, you probably will not have to worry about tax on further manufacturing," Sidman said.

Now a trade industry article does not carry the authority of law (tax code) but it could explain why there is varied opinions regarding the practice of sending a buyer "down the road" to add a tag axle and complete his truck build.

Perhaps abuse has caught the eye of the IRS and in their attempt to correct this it has become a priority in their agenda. Flagrant abuse should be dealt with accordingly, but those who years later modified their trucks to remain viable in the market would likely not have the "intent" of skirting their tax obligations.

Motive of these dealers may be in question but I think they believe they were acting within the law.
 

usafk9

Veteran Expediter
Nice post, bubblehead. However, if they believe that, then why go through the trouble of adding a liftgate, apu, Roof air, toolboxes, etc.? Sorry. Don't believe it.
 

bubblehead

Veteran Expediter
Nice post, bubblehead. However, if they believe that, then why go through the trouble of adding a liftgate, apu, Roof air, toolboxes, etc.? Sorry. Don't believe it.

I think the reference was to "Taxable trucks" [The six-month rule. Previously, buyers of taxable trucks could add a maximum of $200...]

It just seems there is sufficient information/misinformation to qualify as a "gray area"...which is a route I try to avoid. However as I said if there if flagrant abuse....
Thanks for your OP. It is a subject that must be addressed!
 

bubblehead

Veteran Expediter
Nice post, bubblehead. However, if they believe that, then why go through the trouble of adding a liftgate, apu, Roof air, toolboxes, etc.? Sorry. Don't believe it.
This is one of those post that really gets me thinking. AJ, et al., it brings up even more questions;

If one was to modify their truck today and the truck is 10 years old and you are the original owner, would the FET be applicable to the lift axle only? Or the current value of the truck plus the lift axle? Or do you go back to the original purchase price even though all the previous 10 years was operated at 33k?

If a mod was made that reduces the GVWR to 33k is the mod subject to FET?

This of course is assuming that the April 1998 article summarizing the tax code is incorrect.
 

usafk9

Veteran Expediter
The person I spoke of stated to me that if you add the axle much later, the FET is calculated on the current value of the truck, plus the cost of the axle. Their information was obtained in the audit.

I don't like playing with the IRS. They don't fight fair.
 

Fkatz

Veteran Expediter
Charter Member
HI all, and according to usafk9, he is correct. but if the truck and the axel, or lift-gate have been fully depreciated,
They cannot audit you past the 3 year statute of limitation from the due date of the tax return filed.
But if you requested an extension, it would be from the actual filing date they were filed.
Fkatz
 
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