Increased IRS Scrutiny on Corporate Aircraft Usage: Departing on a Jet Plane | Miller Canfield

IRS Announces Increased Funding for Corporate Jet Audits

Mark your calendars for February 21, 2024, as the IRS has revealed plans to boost funding under the Inflation Reduction Act for auditing the usage of corporate aircraft by leading corporations, partnerships, and affluent individuals. This move is part of a larger effort to ensure compliance with tax responsibilities.

Controversy Surrounding IRS Audits

Following the IRS’s audit announcement, the National Business Aviation Association expressed skepticism about the rationale behind the proposed audits. They criticized the IRS’s approach, labeling it as an attempt to tarnish the reputation of companies that rely on business aircraft for competitive advantage in the global market.

Impact of Biden Administration’s Budget Proposal

Simultaneously, the Biden administration unveiled its Fiscal Year 2025 budget, which included a substantial fuel tax increase. This proposal has drawn criticism from the NBAA and the aviation sector, viewing it as an undue burden on the aviation industry, which plays a significant role in supporting jobs and contributing to the country’s GDP.

Focus of IRS Audits

The IRS audits will zero in on verifying whether companies have accurately reported the business and personal use of corporate aircraft for tax purposes. Deductions for aircraft expenses are permitted if the aircraft is primarily used for business purposes. However, personal use of the corporate aircraft may impact the company’s ability to claim deductions and require individuals to report the value of personal flights as income.

Documentation Requirements and Potential Consequences

Audited businesses will be required to furnish documentation justifying deductions related to corporate aircraft. Failure to properly differentiate between business and personal use could result in increased tax liabilities and penalties for both the company and individuals utilizing the aircraft. It is crucial for businesses to maintain meticulous records and adhere to proper accounting practices to mitigate tax exposure.

Industry Compliance and Future Outlook

Despite assertions from aviation experts that corporate aircraft owners are generally compliant, the heightened IRS scrutiny indicates a continuing focus on this issue. Businesses must remain vigilant in their aircraft accounting practices to safeguard against potential tax implications for both the company and individuals utilizing corporate aircraft.