Taxation of Personal Use of Corporate Aircraft: Should Income Equal the Deduction?

• Published in: The ATA journal of legal tax research Vol. 5; no. 1; pp. 99 - 115
• Main Authors: Miller, Karen C., Shaw, J. Riley, Flesher, Tonya K.
• Format: Journal Article
• Language: English
• Published: Sarasota American Accounting Association 01.01.2007
• Subjects: Aircraft; Company aircraft; Compensation; Corporate taxes; Income taxes; Perquisites; Tax deductions; Tax legislation; United States > US
• ISSN: 1543-866X; 1543-866X
• DOI: 10.2308/jltr.2007.5.1.99

Business growth and ease of mobility have played a significant role in the increasing use of corporate aircraft through the 21st century. Along with the increased use of corporate aircraft, personal use of corporate aircraft has also been on the rise. With this increased use, the tax treatment of the personal use of corporate aircraft has become much more visible and controversial. This paper tracks the changes in the law and focuses on the tax policy issues related to the equity in the reporting of income by the employee and the deduction claimed by the corporation. Specifically, this paper addresses the three-fold problem related to the current inequities of the current and proposed laws: What amount should be included as compensation by the employee as a fringe benefit for the personal use of company-owned aircraft? How much should the employer deduct for the operating cost of the aircraft for personal use? Should these amounts, compensation and deduction, be equal? The paper also addresses the horizontal inequities imposed by the current laws upon shareholders, different types of employees, corporations, and private citizens.