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mileage expense and LLC

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    mileage expense and LLC

    An two member LLC (form 1065) has a vending business so does a lot of traveling. The problem is the vehicle is titled in one of the members name and not the LLC. Can it be structured to write off vehicle expenses? Can an auto reimbursement be used with an accountable plan?

    #2
    Since you don't have employees you won't have an accountable plan either.

    To set up reimbursable expenses for for vehicles I would put an agreement in the operating agreement and then reimburse the members or put in the operating agreement that the LLC is paying f.e. gas and repairs for the vehicle use for the members if you want the LLC pay these expenses directly.

    I think if you - in addition - to the above agreement have something in your operating agreement that members have to pay additional vehicle expenses by themselves and no reimbursement is available for that part from the LLC, the members can get a deduction for SMR for biz use minus what LLC paid already as a Sch.E pg.2 deduction.

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