Corporate Jet Investor’s Post

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Navigating aircraft tax benefits and deductions in the post-Chevron world The advantage enjoyed by Federal Inland Revenue Service (FIRS) over aircraft owners and operators has been dramatically clipped, writes Gary Horowitz, founder, member at law firm HCH Legal. Aircraft tax benefits and deductions are primarily controlled by US Treasury Department Regulations, which are generally pro-taxation and favour the Internal Revenue Service over business aircraft use. However, a recent Supreme Court ruling now instructs federal courts to not defer to Treasury Regulations interpreting “ambiguous” statutes. Unsurprisingly, many tax laws are ambiguous. Business aircraft owners/operators have new tools to respond to aggressive tax enforcement, including the IRS’s new enhanced business aircraft audit programme. Under the old rule, called ‘Chevron deference’, after the 1984 Supreme Court decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council (NRDC) federal courts were required to defer their own judgement to a federal agency’s reasonable interpretation of an ambiguous law passed by Congress. However, the Supreme Court has overruled Chevron by its decision in Loper Bright Enterprises v. Raimondo, where the Supreme Court held that federal courts are required to exercise their independent discretion in deciding whether a federal agency has acted within its statutory authority, and federal courts shall not defer to a federal agency’s interpretation of the law simply because a statute is ambiguous. This opens the door to new pushback on overly broad aircraft tax regulations and the opportunity for taxpayers to improve the tax treatment of their aircraft. Read the full story via the link. tinyurl.com/msh4rnkx #aviationfinance #businessjets #privatejets #UStaxlaw #aircaft #aircraftownership

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