Can I use Section 168 K to fully expense a business vehicle AND get the EV tax credit?
I've been trying to wrap my head around the changes in the tax law regarding expensing new vehicles for business use. My situation is pretty straightforward but I'm confused about how these new rules work together. My father receives 1099 income exclusively and needs a new vehicle that he'll use 100% for business purposes. The current car is on its last legs and he needs something reliable ASAP. I've been researching the new Section 168 K rules about 100% bonus depreciation/expensing. From what I understand, if he purchases a vehicle over the 6,000lb weight limit (like a Tesla Model X), there are some significant tax advantages. Under the old Section 179 rules, I believe the maximum deduction for a heavy vehicle was capped at $25,000. But with these new Section 168 K provisions, it looks like he might be able to expense 100% of the vehicle cost in the first year. Here's what I'm trying to figure out: Can he write off the entire purchase price of the Tesla Model X using Section 168 K AND still claim the $7,500 federal tax credit for purchasing a new electric vehicle? If this works, it would make the effective price of the vehicle dramatically lower. Has anyone dealt with this specific situation? I want to make sure I understand the rules correctly before he makes such a major purchase.
18 comments


Kiara Fisherman
This is a great question about a somewhat complex area of tax law. I can understand why you're confused! Yes, your father can potentially take advantage of both the Section 168(k) bonus depreciation AND the EV tax credit, but there are some important details to understand. Since the Tesla Model X exceeds the 6,000 lb gross vehicle weight rating (GVWR), it qualifies as "heavy" SUV for tax purposes. This means it's not subject to the luxury auto depreciation limits that would apply to lighter vehicles. Under Section 168(k), your father can indeed write off 100% of the business-use portion in the first year. The $7,500 EV tax credit is separate from the depreciation rules. It's available regardless of whether the vehicle is used for business or personal use. So yes, he can claim both benefits. One important note: The basis of the vehicle for depreciation purposes is reduced by the amount of the credit. So if the Tesla costs $100,000, he would depreciate $92,500 after accounting for the $7,500 credit. Also, make absolutely sure the vehicle is used 100% for business. Any personal use would reduce the deduction proportionally.
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Jason Brewer
•Thanks for the detailed explanation! Just to be clear, if he buys the Tesla Model X for $100,000, he would get a $92,500 depreciation deduction on his Schedule C plus a $7,500 tax credit? Does the tax credit directly reduce his tax liability dollar-for-dollar? Also, would it be better to finance or pay cash in terms of maximizing the tax benefits? He's considering both options.
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Kiara Fisherman
•Yes, exactly right - he would get a $92,500 depreciation deduction on his Schedule C (assuming 100% business use), and the $7,500 tax credit would directly reduce his tax liability dollar-for-dollar, which is much more valuable than a deduction. The financing decision doesn't impact the depreciation or credit eligibility. He gets the same tax benefits either way. However, with financing, he could also deduct the interest paid on the business portion of the loan as a separate business expense. Some businesses prefer to finance to preserve cash flow while still getting the immediate tax benefits, but that's more of a business decision than a tax optimization question.
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Liam Cortez
I went through this exact same headache last year when figuring out how to handle my work vehicle purchase. I finally found a solution that saved me thousands in taxes using https://taxr.ai to analyze all my documents and tax situations. I uploaded my 1099s, vehicle purchase agreement, and business expense records, and it immediately identified that I qualified for both Section 168(k) bonus depreciation AND the EV credit for my business vehicle. The site walked me through exactly how to document everything properly for the IRS and even calculated my estimated tax savings. I was especially worried about the reduction in basis that the previous commenter mentioned, but taxr.ai explained exactly how to handle this on my return. Made the whole process so much simpler than the hours I spent trying to understand the IRS publications.
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Savannah Vin
•Did you have to provide proof that the vehicle was actually over the 6,000 lb limit? I'm looking at a Rivian and I've heard conflicting info about whether it qualifies as a "heavy" SUV for tax purposes.
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Mason Stone
•I'm skeptical about relying on software for something this important. Did you have any issues during tax filing? Did the IRS question your deduction at all? $100k is a massive write-off and I'd be worried about triggering an audit.
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Liam Cortez
•For the 6,000 lb question, yes - I needed documentation of the GVWR (Gross Vehicle Weight Rating). This comes directly from the manufacturer and should be listed on a sticker inside the driver's door jamb. I just took a photo of this and uploaded it. For most EVs like Rivian, this info is readily available on their website or in the specifications documentation too. I completely understand being skeptical about big deductions like this. I shared the same concern. I actually had my return reviewed by my accountant after using taxr.ai, and he confirmed everything was correct. I haven't had any issues with the IRS, and it's been over a year now. The key is having solid documentation of 100% business use - mileage logs, business purpose, etc. The large deduction itself isn't a problem if you can back it up with proper documentation.
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Mason Stone
I just have to share that taxr.ai was a game-changer for me too. I was in the exact situation as the OP's father last tax season - 1099 contractor needing a heavy vehicle for business use. After seeing the recommendation here, I decided to give it a try. I was genuinely amazed at how clearly it explained the Section 168(k) rules and how they applied to my specific situation. The platform even created a customized depreciation schedule for my vehicle and explained exactly how the EV credit would affect my basis. The best part was when it warned me about some potential documentation issues that could have flagged my return. It gave me a checklist of exactly what records to keep to support my 100% business use claim. My CPA was impressed with how thorough the analysis was and said it saved him hours of work (and me hundreds in fees). Just wanted to second the recommendation since this is such a specific tax situation with a lot of money at stake.
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Makayla Shoemaker
If your dad is dealing with the IRS on any other tax matters or has questions about qualifying for these benefits, I highly recommend using https://claimyr.com to get through to an actual IRS agent. I spent WEEKS trying to get clarity on a similar Section 168(k) question last year and kept hitting the "call volume too high" message. Finally used Claimyr and got connected to an IRS agent in about 15 minutes. The agent walked me through exactly how to document everything for my business vehicle purchase to ensure I qualified for both the bonus depreciation and the EV credit. Saved me from potentially making an expensive mistake. You can see how it works here: https://youtu.be/_kiP6q8DX5c Worth every penny for the peace of mind knowing I was handling this correctly, especially with such a large deduction on the line.
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Christian Bierman
•Wait, you actually pay money to talk to the IRS? Shouldn't that be a free service since we're required to pay taxes? This seems like a scam to me.
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Emma Olsen
•How exactly does this work? I don't understand how a third-party service can get you through to the IRS when their lines are always busy. Are they using some kind of priority line or something?
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Makayla Shoemaker
•You're right that it should be a free service, and technically it is! The IRS phone service is free, but the problem is actually reaching them - they're severely understaffed and overwhelmed with calls. Claimyr just automates the calling process and waits on hold for you. When they reach an agent, they call you to connect. You're only paying for the convenience of not having to sit on hold for hours. The service works by using automated technology to continually dial the IRS until it gets through. There's no special priority line or backdoor access - they're just persistent with the dialing and hold times so you don't have to be. Once they get through, they immediately call you to connect with the agent. It saved me from having to redial for days or sit on hold for hours. For tax questions involving tens of thousands in deductions, that time savings was well worth it to me.
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Christian Bierman
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway because I had spent THREE DAYS trying to reach someone at the IRS about my own Section 168(k) questions. I got connected to an IRS agent in about 20 minutes! The agent confirmed everything about combining the 100% bonus depreciation with the EV credit, and even explained how to properly document the business use percentage. For anyone in a similar situation as OP - yes, you can claim both the Section 168(k) bonus depreciation AND the $7,500 EV credit, but you absolutely must have documentation to support 100% business use. The agent stressed that this is one area they look at closely during audits. So glad I didn't let my skepticism prevent me from getting the answers I needed. Sorry for doubting - this service is the real deal for anyone needing actual IRS guidance on these complex deductions.
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Lucas Lindsey
One thing nobody has mentioned yet is that your father needs to be aware of recapture rules if he doesn't maintain 100% business use for the entire recovery period. If business use drops below 50% in future years, he could face significant recapture of the benefit. Also, there are phase-out schedules for both the bonus depreciation and the EV credit depending on the year of purchase. Bonus depreciation under 168(k) is scheduled to phase down 20% each year starting in 2023, and the EV credit has manufacturer sales caps and income limits. Make sure he's working with a tax professional who can help him understand all the implications before making such a large purchase.
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Jason Brewer
•Thanks for bringing up the recapture issue - that's something I wasn't aware of. What exactly is the "recovery period" and how long would he need to maintain business use? He plans to use it exclusively for business for at least 5 years. Also, do you know if there's an income limit that might prevent him from claiming the full EV credit? His 1099 income fluctuates year by year.
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Lucas Lindsey
•The recovery period for vehicles is typically 5 years, so your father's plan to use it exclusively for business during that time would avoid recapture issues. If business use drops below 50% during those 5 years, he would need to recapture the excess depreciation taken and report it as ordinary income. Yes, there are income limits for the EV credit. For a single filer, the credit begins to phase out at $150,000 AGI and is eliminated at $160,000. For married filing jointly, those thresholds are $300,000 and $310,000 respectively. With fluctuating 1099 income, he should do some tax planning to see if he'll fall under these limits in the year of purchase. If he's close to the threshold, he might want to consider timing the purchase or implementing strategies to reduce his AGI for that year.
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Sophie Duck
Another consideration - make sure to check if the specific Tesla model is eligible for the full $7500 credit. Not all EVs qualify for the full amount anymore due to battery sourcing requirements. The IRS maintains a list of qualifying vehicles and their credit amounts. Also, don't forget about potential state incentives! Many states offer additional tax credits or rebates for EV purchases on top of the federal benefits.
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Austin Leonard
•This is an excellent point. The Inflation Reduction Act changed the requirements, and now the vehicle must meet North American final assembly requirements. Additionally, there are critical mineral and battery component requirements that affect the credit amount. Tesla has been adjusting their supply chain to qualify, but it varies by model and can change.
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