State Guide

Tow Truck Tax in Wisconsin

Wisconsin Tow Truck Tax Requirements: A Comprehensive Guide

Operating a tow truck business in Wisconsin comes with specific tax responsibilities, both at the federal and state levels. Understanding these requirements is crucial for maintaining compliance and avoiding potential penalties. This guide provides a detailed overview of the tax obligations for tow truck operators in Wisconsin.

Federal Excise Tax (Heavy Vehicle Use Tax - HVUT)

One of the most significant federal tax obligations for tow truck businesses is the Heavy Vehicle Use Tax (HVUT), governed by IRS Section 4481. This tax applies to vehicles with a taxable gross weight of 55,000 pounds or more. Since tow trucks are often heavy-duty vehicles, they frequently fall under this category. The taxable gross weight is generally the actual unloaded weight of the vehicle, plus the unloaded weight of any trailers customarily used with the vehicle, plus the maximum load carried on the vehicle and such trailers.

Filing Form 2290: The HVUT is reported annually using IRS Form 2290, and it must be filed by the last day of the month following the month the vehicle was first used on public highways during the tax period. For example, if you start using a tow truck on a public highway in Wisconsin in July, you must file Form 2290 by August 31st. The tax year runs from July 1st to June 30th. It’s imperative to file on time, even if you’re not sure if your vehicle meets the weight requirement. If it doesn't, you'll just indicate that on the form. Failure to file and pay HVUT on time can result in substantial penalties.

Wisconsin State Taxes

In addition to federal taxes, tow truck businesses in Wisconsin are subject to state taxes. These include:

  • Sales Tax: Wisconsin charges sales tax on most services, including towing. You, as the service provider, must collect sales tax from your customers and remit it to the Wisconsin Department of Revenue. There might be some exceptions, so consult with a tax professional to identify them.
  • Income Tax: Depending on your business structure (sole proprietorship, partnership, LLC, or corporation), you will be subject to Wisconsin income tax. Sole proprietors and partners report business income on their individual income tax returns. Corporations file separate corporate income tax returns.
  • Withholding Tax: If you have employees, you are responsible for withholding federal and Wisconsin income taxes, as well as Social Security and Medicare taxes, from their wages. You must then remit these taxes to the appropriate government agencies.

Business Structure Considerations

The choice of business structure significantly impacts your tax obligations. Here’s a brief overview:

Business Structure Tax Implications
Sole Proprietorship Business income is reported on the owner's personal income tax return (Form 1040, Schedule C). The owner is also responsible for self-employment taxes (Social Security and Medicare).
Partnership Partnership income is passed through to the partners, who report it on their individual income tax returns (Form 1065). Partners are also responsible for self-employment taxes.
Limited Liability Company (LLC) An LLC can elect to be taxed as a sole proprietorship, partnership, or corporation. This flexibility allows you to choose the tax structure that best suits your needs.
Corporation (S Corp or C Corp) C corporations are subject to corporate income tax. S corporations pass income through to the shareholders, who report it on their individual income tax returns.

Recordkeeping

Maintaining accurate and complete records is essential for tax compliance. Keep records of all income and expenses, including invoices, receipts, bank statements, and mileage logs. Proper documentation will support your tax filings and help you in case of an audit. Using accounting software can greatly simplify this process.

Wisconsin Department of Revenue Resources

The Wisconsin Department of Revenue provides numerous resources for businesses. Be sure to check their website for updates on tax laws, regulations, and filing requirements. Also, consider attending their workshops or webinars on small business taxes.

Specific rules for Wisconsin

  1. File Form 2290 on Time: The Heavy Vehicle Use Tax (HVUT) is a federal tax, and timely filing is critical. File Form 2290 by the last day of the month following the month the vehicle was first used on public highways during the tax period to avoid penalties. Electronic filing is often recommended for faster processing.
  2. Accurately Track Mileage: Maintaining a detailed mileage log is essential for claiming vehicle-related deductions. Record the date, destination, and business purpose of each trip. Consider using a GPS-enabled app to automate mileage tracking.
  3. Properly Classify Expenses: Ensure that all business expenses are correctly classified. This includes expenses such as fuel, maintenance, insurance, and depreciation. Consult with a tax professional if you're unsure about the proper classification of an expense.
  4. Consider the Qualified Business Income (QBI) Deduction: The QBI deduction (Section 199A) allows eligible self-employed individuals and small business owners to deduct up to 20% of their qualified business income. Explore whether your tow truck business qualifies for this deduction.
  5. Regularly Review Tax Obligations: Tax laws and regulations can change frequently. Stay informed about the latest changes and how they affect your tow truck business. Consider working with a qualified tax professional to ensure you remain compliant and optimize your tax strategy.

4 Simple Steps to File

1

Gather Vehicle Info

Have your VIN (Vehicle Identification Number) and Gross Taxable Weight ready. You can find the VIN on your registration or dashboard.

2

Choose Tax Period

Select the current tax year (July 1 - June 30). If filing late, our system automatically calculates prorated taxes for you.

3

E-File with IRS

Submit your return securely. We check for common errors before sending to the IRS to prevent rejections.

4

Get Schedule 1

Receive your IRS-stamped Schedule 1 proof of payment via email instantly once accepted. No waiting for mail.

Common Questions About Form 2290

What is a Stamped Schedule 1?
It is the official proof of payment for the Heavy Vehicle Use Tax (HVUT). You need this document to register your vehicle with the DMV.
When is Form 2290 due?
For the annual tax period (July 1 - June 30), it is due by August 31st. For newly purchased vehicles, it is due by the end of the month following the month of first use.
Can I pay by credit card?
Yes, you can pay the IRS directly using a credit card, debit card, or EFTPS. Bank account withdrawal is also an option.
What if I suspended my vehicle?
If you expect to drive less than 5,000 miles (7,500 for agriculture), you can file as 'Suspended' and pay $0 tax. However, you must still file Form 2290.