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Chapter 6

Chapter 6. Deductions and Losses: In General. The Big Picture (slide 1 of 3). Dr. Cliff Payne extracts the following information from his financial reporting system associated with his dental practice. Salaries including FICA (unpaid at year-end of $5,000) $120,000 Building rent 24,000

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Chapter 6

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  1. Chapter 6 Deductions and Losses: In General

  2. The Big Picture (slide 1 of 3) Dr. Cliff Payne extracts the following information from his financial reporting system associated with his dental practice. Salaries including FICA (unpaid at year-end of $5,000) $120,000 Building rent 24,000 Depreciation of dental equipment and office furnishings and equipment 52,000 Insurance (malpractice and of dental equipment and office furnishings and equipment) 22,000 Dental supplies (ending inventory of $7,000) 16,000 Office supplies (ending inventory of $1,500) 3,000 Contribution to U.S. Senate campaign fund of Barbara Boxer 1,000 Contribution to U.S. Senate campaign fund of Carly Fiorina 1,000 Legal expenses associated with patient lawsuit (jury decision for defendant) 4,000 Draw by Dr. Payne for living expenses ($5,000 monthly) 60,000 2

  3. The Big Picture (slide 2 of 3) Dr. Payne calculates the deductible expenses that he can report on Schedule C of Form 1040 as follows: Salaries including FICA $120,000 Building rent 24,000 Depreciation of dental equipment and office furnishings and equipment 52,000 Insurance (malpractice and of dental equipment and office furnishings and equipment) 22,000 Dental supplies ($16,000 - $7,000) 9,000 Office supplies ($3,000 - $1,500) 1,500 Contribution to U.S. Senate campaign of Barbara Boxer –0– Contribution to U.S. Senate campaign of Carly Fiorina –0– Legal expenses associated with patient lawsuit (jury decision for defendant) 4,000 Draw by Dr. Payne for living expenses ($5,000 monthly) 60,000 $292,500 3

  4. The Big Picture (slide 3 of 3) Dr. Payne’s close relatives include the following: Terry Mother Jack Father Camille Mother-in-law Walter Father-in-law Pauline Sister (age 15) Neal Brother (age 16) Has Dr. Payne correctly calculated the business expenses for his dental practice? Read the chapter and formulate your response. 4

  5. Deductions Exclusive definition of deductions Deductions are allowed based on legislative grace and defined narrowly Substantiation requirements Taxpayer has burden of proof for substantiating all expenses deducted on return Thus, adequate records of expenses must be maintained 5

  6. Deductions for and from AGI (slide 1 of 3) • Deductions for AGI • Can be claimed even if taxpayer does not itemize • Important in determining the amount of certain itemized deductions • Certain itemized deductions are limited to amounts in excess of specified percentages of AGI • e.g., Medial expenses (7.5% of AGI), misc. itemized deductions ( 2% of AGI)

  7. Deductions for and from AGI (slide 2 of 3) • Deductions from AGI: • In total, must exceed the standard deduction to provide any tax benefit • Called “below the line” or itemized deductions

  8. Comparison of deductions for and from AGI (2011 tax year) Single taxpayer has gross income of $45,000 and a $6,000 deduction For AGIFrom AGI Gross income $45,000 $45,000 Less: for AGI ded. 6,000 0 AGI $39,000 $45,000 Less: from AGI ded. 5,800 6,000 Less: personal exempt. 3,700 3,700 Taxable income $29,500 $35,300 Deductions for and from AGI (slide 3 of 3)

  9. Deductions for AGI (slide 1 of 3) • Partial list includes: • Trade or business expenses • Reimbursed employee business expenses • Deductions from losses on sale or exchange of property • Deductions from rental and royalty property • Alimony • One-half of self-employment tax paid

  10. Deductions for AGI (slide 2 of 3) • Partial list includes: • 100% of health insurance premiums paid by a self-employed individual • Contributions to pension, profit sharing, annuity plans, IRAs, etc. • Penalty on premature withdrawals from time savings accounts or deposits • Moving expenses

  11. Deductions for AGI (slide 3 of 3) • Partial list includes: • Interest on student loans • Qualified tuition and related expenses under § 222 • Up to $250 for teacher supplies for elementary and secondary school teachers

  12. Deductions from AGI • Itemized deductions include: • Medical expenses (in excess of 7.5% of AGI) • Certain state and local taxes • Contributions to qualified charitable organizations • Personal casualty losses (in excess of 10 % of AGI and a $100 floor per casualty) • Certain personal interest expense (e.g., mortgage interest on a personal residence) • Miscellaneous itemized deductions (in excess of 2% of AGI)

  13. Trade or Business Deductions (slide 1 of 2) • Section 162(a) permits a deduction for all ordinary and necessary expenses paid or incurred in carrying on a trade or business including: • Reasonable salaries paid for services • Expenses for the use of business property • One-half of self-employment taxes paid • Such expenses are deducted for AGI

  14. Trade or Business Deductions (slide 2 of 2) • In order for expenses to be deductible, they must be: • Ordinary: normal, usual, or customary for others in similar business, and not capital in nature • Necessary: prudent businessperson would incur same expense • Reasonable: question of fact • Incurred in conduct of business

  15. The Big Picture - Example 5Ordinary and Necessary Requirement Return to the facts of The Big Picture on p. 6-2. Dr. Payne owns a small portfolio of investments, including 10 shares of Hawk, Inc. common stock worth $1,000. He incurred $350 in travel expenses to attend the annual shareholders’ meeting where he voted his 10 shares against the current management group. No deduction is permitted because a 10-share investment is insignificant in value in relation to the travel expenses incurred. 15

  16. Section 212 Expenses (slide 1 of 2) • Section 212 allows deductions for ordinary and necessary expenses paid or incurred for the following: • The production or collection of income • The management, conservation, or maintenance of property held for the production of income • Expenses paid in connection with the determination, collection, or refund of any tax

  17. Section 212 Expenses (slide 2 of 2) • § 212 expenses that are deductions for AGI include: • Expenses related to rent and royalty income • Expenses paid in connection with the determination, collection, or refund of taxes related to the income of sole proprietorships, rents and royalties, or farming operations • All other § 212 expenses are itemized deductions (deductions from AGI) • For example, investment-related expenses (e.g., safe deposit box rentals) are deductible as itemized deductions attributable to the production of investment income

  18. Business And Nonbusiness Losses • Deductible losses of individual taxpayers are limited to those: • Incurred in a trade or business, • Incurred in a transaction entered into for profit • Individuals may also deduct casualty losses from fire, storm, shipwreck, and theft

  19. Methods of Accounting • The method of accounting affects when deductions are taken • Cash: expenses are deductible only when paid • Accrual: expenses are deductible when incurred • Apply the all events test and the economic performance test • Exception to the economic performance test for recurring items

  20. Disallowance Possibilities • The tax law disallows the deduction of certain types of expenses for a variety of reasons • e.g., May restrict taxpayer attempts to deduct certain items that, in reality, are personal expenditures • Certain disallowance provisions are a codification or extension of prior court decisions • e.g., After courts denied deductions for payments in violation of public policy, tax law was changed to provide specific authority for the disallowance

  21. Expenditures Contrary To Public Policy • Deductions are disallowed for certain specific types of expenditures that are considered contrary to public policy • Examples: penalties, fines, illegal bribes or kickbacks, two-thirds of treble damage payments for violation of anti-trust law

  22. Legal Expenses Incurred In Defense Of Civil Or Criminal Penalties • To deduct legal expenses • Must be directly related to a trade or business, an income producing activity, or the determination, collection, or refund of a tax • e.g., Corporate officer’s legal fees in defending against price-fixing charges • e.g., Landlord’s legal fees associated with eviction of tenant

  23. Expenses Relating To An Illegal Business • Usual expenses of operating an illegal business are deductible • However, deduction for fines, bribes to public officials, illegal kickbacks, and other illegal payments are disallowed • Trafficking in controlled substances: only cost of goods sold can reduce gross income

  24. Political Contributions And Lobbying Activities • Generally, no business deduction is allowed for payments made for political purposes or for lobbying • Exceptions are allowed for lobbying: • To influence local legislation, • To monitor legislation, and • De minimis in-house expenses (limited to $2,000) • If greater than $2,000, none can be deducted

  25. Excessive Executive Compensation (slide 1 of 2) • For publicly held corporations: • Deduction for compensation of CEO and four other highest compensated officers is limited to $1 million each • Does not include: • Certain performance-based compensation • Payments to qualified retirement plans • Payments excludible from gross income

  26. Excessive Executive Compensation (slide 2 of 2) An additional limitation applies only to covered executives of companies receiving Troubled Asset Relief Program (TARP) assistance The deduction for compensation paid to a covered executive is limited to $500,000 Covered employees include the CEO, the CFO, and the three other most highly compensated officers 26

  27. Investigation Of A Business(slide 1 of 3) • Investigation expenses - incurred to determine the feasibility of entering a new business or expanding an existing business • Include costs such as travel, engineering, architectural surveys, marketing reports, various legal and accounting services • Tax treatment of these expenses depends on: • The current business, if any, of the taxpayer • The nature of the business being investigated • The extent to which the investigation has proceeded • Whether or not the acquisition actually takes place

  28. Investigation Of A Business(slide 2 of 3) • If the taxpayer is in a business the same as or similar to that being investigated • Investigation expenses are deductible in the year paid or incurred • The tax result is the same whether or not the taxpayer acquires the business being investigated

  29. Investigation Of A Business(slide 3 of 3) • When the taxpayer is not in a business the same as or similar to that being investigated • Tax result depends on whether new business is acquired • If not acquired • All investigation expenses generally are nondeductible • If acquired • Investigation expenses must be capitalized • May elect to deduct the first $5,000 of expenses currently • Any excess expenses can be amortized over a period of not less than 180 months (15 years) • In arriving at the $5,000 immediate deduction allowed, a dollar-for-dollar reduction must be made for those expenses in excess of $50,000

  30. The Big Picture - Example 18Investigation Of A Business Return to the facts of The Big Picture on p. 6-2. Dr. Payne’s mother, Terry, an accrual basis sole proprietor, owns and operates three motels in Georgia. In the current year, Terry incurs expenses of $8,500 in investigating the possibility of acquiring several additional motels located in South Carolina. The $8,500 is deductible in the current year whether or not Terry acquires the motels in South Carolina. 30

  31. Hobby Losses (slide 1 of 8) • Hobby defined • Activity not entered into for profit • Personal pleasure associated with activity • Examples: raising horses, fishing boat charter • If an activity is not engaged in for profit, the hobby loss rules apply • Hobby expenses are deductible only to the extent of hobby income

  32. Hobby Losses (slide 2 of 8) • Profit activity • If activity is entered into for profit, taxpayer can deduct expenses for AGI even in excess of income from the activity • At-risk and passive loss rules may apply • Often it is difficult to determine if an activity is profit motivated or a hobby • Regulations provide nine factors to consider in making this determination

  33. Hobby Losses (slide 3 of 8) • Presumptive rule of § 183 • If activity shows profit 3 out of 5 years (2 out of 7 years for horses), the activity is presumed to be a trade or business rather than a personal hobby • Rebuttable presumption, shifts burden of proof to IRS • Otherwise, taxpayer has burden to prove profit motive

  34. Hobby Losses (slide 4 of 8)

  35. Hobby Losses (slide 5 of 8) • If an activity is deemed to be a hobby • Can only deduct expenses to extent of income from activity (i.e., cannot deduct hobby losses)

  36. Hobby Losses (slide 6 of 8) • If an activity is a hobby: • Expenses are deductible from AGI • Treated as miscellaneous itemized deductions subject to the 2% of AGI limitation • Exception: expenses that are deductible without regard to profit motive are deductible in full, such as • Home mortgage interest • Property taxes

  37. Hobby Losses (slide 7 of 8) • Order in which hobby expenses are deductible: • First: Those otherwise deductible: e.g., home mortgage interest and property taxes • Then: Expenses that do not affect adjusted basis: e.g., maintenance, utilities • Then: Expenses that affect adjusted basis: e.g., depreciation (or cost recovery)

  38. Example of hobby expenses: Taxpayer sells horses raised as a hobby for$15,500 Hobby Losses (slide 8 of 8)

  39. The Big Picture - Example 21Hobby Losses (slide 1 of 2) Return to the facts of The Big Picture on p. 6-2. Camille and Walter are Dr. Payne’s mother- and father-in-law. Camille is an executive for a large corporation She earns a salary of $800,000. Walter is a collector of antiques. Several years ago, Walter opened an antique shop in a local shopping center and spends most of his time buying and selling antiques. He occasionally earns a small profit from the shop but usually incurs substantial losses. 39

  40. The Big Picture - Example 21Hobby Losses (slide 2 of 2) Return to the facts of The Big Picture on p. 6-2. If Walter’s losses are business related, they are fully deductible against Camille’s salary. In resolving this issue, consider the following: Initially determine if Walter’s antique shop meets the three - of - five years profit test. If not, the activity may nevertheless qualify as a business Walter should show that his intent is to engage in a profit-seeking activity. It is not necessary to show actual profits. Try to fit the operation within the 9 criteria prescribed in the Regs. These criteria are the factors considered in trying to rebut the § 183 presumption 40

  41. Rental Vacation Homes(slide 1 of 9) • May have both personal and rental use of a vacation home • Deduction of rental expenses may be limited to rental income if primarily used for personal purposes • Determination of vacation home treatment is dependent on personal use vs. rental use

  42. Rental Vacation Homes(slide 2 of 9) • Rental days • Less than 15 days: No gross income recognized from rentals and no deductible rental expenses • Mortgage interest and property taxes treated as if on personal residence (generally deductible in full) • More than 14 days: Treatment depends on amount of personal use

  43. Rental Vacation Homes(slide 3 of 9) • Primarily rental use • If rented for 15 days or more and personal use days NOT more than the greater of 14 days or 10 percent of fair rental days • Can deduct all expenses allocated to rental use even if loss results • Rental loss subject to at-risk and passive loss rules

  44. Rental Vacation Homes(slide 4 of 9) • Personal/rental use • If rented for 15 days or more and personal use days exceed the greater of 14 days or 10 percent of fair rental days • Treated similar to hobby • Rental expenses deducted in three step process • No rental loss allowed • Carryforward of disallowed rental expenses

  45. Example of personal use Rental days: 200 (10% = 20) Personal useNot SignificantSignificant 7 days X 18 days X 25 days X Rental Vacation Homes(slide 5 of 9)

  46. Example of personal use Rental days: 100 (10% = 10) Personal UseNot SignificantSignificant 7 days X 14 days X 18 days X Rental Vacation Homes(slide 6 of 9)

  47. Rental Vacation Homes(slide 7 of 9) • Allocation of expenses between personal and rental • Mortgage interest and real estate taxes • IRS requires allocation based on total days used • Courts have allowed allocation based on days in year • Other expenses are allocated based on total days used

  48. Rental Vacation Homes(slide 8 of 9) • Tax treatment of income and expenses of a primarily rental vacation home • Rental income included in gross income • Rental expenses deductible for AGI • Rental income and expenses reported on Sch. E

  49. Rental Vacation Homes(slide 9 of 9) • Treatment of allocated personal portion of vacation home expenses • Primarily rental use: taxes deductible from AGI, mortgage interest nondeductible (personal interest) • Personal/rental use: mortgage interest and taxes deductible from AGI • Personal portion of other expenses (e.g., insurance, maintenance) nondeductible

  50. The Big Picture - Example 24Vacation Home - Primarily Personal Use Return to the facts of The Big Picture on p. 6-2. Camille, Dr. Payne’s mother-in-law, owns a vacation home she used as follows last year: Rented it for $1,600 for 2 weeks, Lived in it 2 months, and Left it vacant the rest of the year. The year’s expenses amounted to $6,000 mortgage interest expense, $500 property taxes, $1,500 utilities & maintenance, and $2,400 depreciation. Since the property was not rented for at least 15 days, the income is excluded from gross income The mortgage interest and property tax expenses are itemized deductions The remaining expenses are nondeductible personal expenses. 50

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