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Page 4 of 7 <br />PART 1--INCOME TAXES <br />Paragraph 1. The authority citation for part 1 continues to read in <br />part as follows: <br />Authority: 26 U.S.C. 7805 <br />Par. 2. Section 1.132-5 paragraph (h) is revised to read as <br />follows: <br />Sec. 1.132-5 Working condition fringes. <br />(h) Qualified nonpersonal use vehicles--(1) In general. Except as <br />provided in paragraph (h)(2) of this section, 100 percent of the value <br />of the use of a qualified nonpersonal use vehicle (as described in <br />Sec. 1.274-5(k)) is excluded from gross income as a working condition <br />fringe, provided that, in the case of a vehicle described in Sec. <br />1.274-5(k)(3) through (8), the use of the vehicle conforms to the <br />requirements of that paragraph. <br />(2) Shared usage of qualified nonpersonal use vehicles. In general, <br />a working condition fringe under this paragraph (h) is available to the <br />driver and all passengers of a qualified nonpersonal use vehicle. <br />However, a working condition fringe under this paragraph (h) is <br />available only with respect to the driver and not with respect to any <br />passengers of a qualified nonpersonal use vehicle described in Sec. <br />1.274-5 (k) (2) (ii) (L) or (P) . <br />Par. 3. Section 1.274-5 paragraphs (k) and (1) and the last <br />sentence of paragraph (m) are revised to read as follows: <br />Sec. 1.274-5 Substantiation requirements. <br />(k) Exceptions for qualified nonpersonal use vehicles--(1) In <br />general. The substantiation requirements of section 274 (d) and this <br />section do not apply to any qualified nonpersonal use vehicle (as <br />defined in paragraph (k)(2) of this section). <br />(2) Qualified nonpersonal use vehicle--(i) In general. For purposes <br />of section 274 (d) and this section, the term qualified nonpersonal use <br />vehicle means any vehicle which, by reason of its nature (that is, <br />design), is not likel to be used more than a de minimis amount for <br />personal purposes. <br />(ii) List of vehicles. Vehicles which are qualified nonpersonal use <br />vehicles include the following: <br />(A) Clearly marked police, fire, and public safety officer vehicles <br />(as defined and to the extent provided in paragraph (k)(3) of this <br />section). <br />(B) Ambulances used as such or hearses used as such. <br />[[Page 32502]] <br />(C) Any vehicle designed to carry cargo with a loaded gross vehicle <br />weight over 14,000 pounds. <br />(D) Bucket trucks (cherry pickers). <br />(E) Cement mixers. <br />(F) Combines. <br />(G) Cranes and derricks. <br />(H) Delivery trucks with seating only for the driver, or only for <br />the driver plus a folding jump seat. <br />(I) Dump trucks (including garbage trucks). <br />http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdoc1D=09682228956+4+0+0&WAISacti... 6/10/2008 <br />