Experimental for my business travel. Yes/No

jckroeger602

Filing Flight Plan
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Jadee
First of all excuse my “newbie” status but I am looking at purchasing a plane and using that plane to transport me between my different businesses. If I put said experimental plane into an LLC and then have my other business(on the ground/brick & motar) can the business on the ground pay the hourly rate back to the experimental airplane LLC without violating any FAA rules? Any help or direction would be appreciated. I tried to and end up fumbling my way through FAA docs but I don’t know that I got anything out of that! Thank you in advance.
 
Thinking not unfortunately. 91.319 states:

(f) No person may lease an aircraft that is issued an experimental certificate under § 21.191(i) of this chapter, except in accordance with paragraph (e)(1) of this section.

But if you’re the owner and you lease it to your own company that you own that has to be a workaround…..?? It’s not like you’re renting it to the general population.

Id consult an aviation attorney.
 
Consider also if you fly somewhere and something broke, who’s going to fix it?

Some mechanics are very wary of working on experimentals. More so if they don’t know you or the plane.
 
Consider also if you fly somewhere and something broke, who’s going to fix it?

Some mechanics are very wary of working on experimentals. More so if they don’t know you or the plane.
That’s a non-issue and the least of the OPs worries in the scenario he describes. While there have been instances where A&Ps have declined to do condition inspections, I’ve never heard of a single instance of an A&P refusing to help in an AOG situation.
 
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Hey it’s something to consider. I know ours will not touch experimental.
 
Im also interested in this. I'm semi retired and always wanted to build a plane. My wife is an RN and has considered traveling jobs for much higher pay. I could fly her back and forth, saving on airlines or drive time. How do I make maximize the tax benefits without breaking any laws?
 
Im also interested in this. I'm semi retired and always wanted to build a plane. My wife is an RN and has considered traveling jobs for much higher pay. I could fly her back and forth, saving on airlines or drive time. How do I make maximize the tax benefits without breaking any laws?
Having a job that relies on transport by GA aircraft could be a problem, unless driving was an option for 50% of the time. If driving was still an option, then sure it's possible.

In the op's case it sounds like they can set their own schedule.
 
In this scenario an experimental may be beneficial since you can fix the plane yourself without having to wait to fit into an A&P schedule. You will need an A&P for the condition inspection.
 
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Driving or even flying commercial would still be an option as long as the decision wasnt made too late. I suspect we'd count on NOT using the spam can for the winter months. Weather permitting, it would mean a lot more time together as a family since the kids and I could pop in for a visit in 4 hours vs 10-12 driving.
 
When I drove a gas truck as a kid, I met a few pilots of GA planes who used them as commuters. I always thought it was neat, but didnt know what questions to ask.
 
I asked around 2011 when I was considering my upgrade options. The answer by the two aviation (AOPA) attorneys I contacted was no. You cannot "lease the plane" to other legal entities from an FAA perspective.

There were two work arounds that the attorneys said would work from the FAA perspective. One is in a grey area for the IRS and there have been some changes around these rules since 2011; so make sure to talk to an actual expert, not some bloke on the internet.

First, create an LLC. Put the plane in it, and you personally put in every penny needed to run the plane. The plane LLC runs at a loss, which is tax deductible under some circumstances if used to check on your investments. There were annual caps, and also caps on number of years you can have a loss. Further, you need to be able to justify and differentiate between what you do as an owner for these companies versus what you do as an office/employee of these companies. The CPA and tax attorney, both said at the time that one little slipup in my documentation and the IRS would disallow everything. I decided it was not worth the risk.

Second, what someone else said. Establish a reimbursement rate that you must pay all employees. I have justified a higher rate above the GSA rate; but it is hard. I used a higher rate across the company before by digging into the GSA formula and changing the car value assumption. At the time, GSA assumed an older mid-size sedan, I redid it using a newer luxury SUV. But I had to pay that rate to all employees. We did it one year, and found the juice was not worth the squeeze to justify more than the GSA rate.

Among other reasons, at the time this is why I stayed in the certified world.

Tim
 
Do I understand correctly that the FAA says you can’t own the plane and fly yourself in it if it’s registered to your own business if you’re buying the gas on the company credit card? This is one of the scenarios where the FAA just throws common sense out the window. If you are the pilot, the aircraft owner, and the company rolled into one, it doesn’t go against the spirit of the law. And tax status is not the FAA’s problem.
 
Hey it’s something to consider. I know ours will not touch experimental.
I concur. There isn't a single mechanic in my area, that I know of, that will ever touch an experimental...it was enough to talk me out of one.
 
Do I understand correctly that the FAA says you can’t own the plane and fly yourself in it if it’s registered to your own business if you’re buying the gas on the company credit card? This is one of the scenarios where the FAA just throws common sense out the window. If you are the pilot, the aircraft owner, and the company rolled into one, it doesn’t go against the spirit of the law. And tax status is not the FAA’s problem.

Think of the name. Experimental. Then the category E-A/B; and what is the purpose... From there, you can determine the FAA has a fairly simple rule. E-A/B without special permission (LOA) does not allow for experimental to be used in a commercial situation. The example LOA's are all for training and demos from what I have read. Not business to business.

The discussion above was on leasing the plane between the companies. I never discussed, having company A, just pay for the gas on company B's plane, or even the other MX bills. The reason I avoided going down such a road was I had multiple partners which would have made it rather complicated.
For this approach, I would suggest talking to a tax attorney, your tax accountant and an aviation attorney. There are two completely separate agencies and concerns involved here.

Tim
 
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