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Bus 415/615 9.18.13 Notes

Bus 415/615 9.18.13 Notes. Chapter 6 Deductions and Losses: In General. Spouse Dies Clarification. Qualifying Widow( er ) with Dependent Child Year of death file Married jointly.

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Bus 415/615 9.18.13 Notes

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  1. Bus 415/6159.18.13 Notes Chapter 6 Deductions and Losses: In General

  2. Spouse Dies Clarification Qualifying Widow(er) with Dependent Child • Year of death file Married jointly. • If not remarried, can file next two years as Qualifying Widow(er) with dependent child. Child must live with you all year & you pay more than ½ the cost of keeping up the home for the year. • Use joint return tax rates and the highest standard deduction amount (if you do not itemize deductions). • NOT entitled to file a joint return. Head of Household • Unmarried on last day of year, and • Pay more than ½ cost of keeping up home for the year, and • Qualifying person lives with you for more than ½ the year. EXCEPTION-A qualifying person that is a dependent parent does not have to live with you! • Rates lower than Single or Married filing separately & use a higher standard deduction amount.

  3. Chapter 6 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

  4. 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% or 10% of AGI), misc. itemized deductions ( 2% of AGI)

  5. 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 • Standard deduction amounts in 2012: • In 2013:

  6. Comparison of deductions for and from AGI (2013 tax year) Single taxpayer has gross income of $45,000 and a $6,500 deduction For AGIFrom AGI Gross income $45,000 $45,000 Less: for AGI ded. 6,500 0 AGI $38,500 $45,000 Less: from AGI ded. SD 6,100 6,500 Less: personal exempt. 3,900 3,900 Taxable income $28,500 $34,600 Deductions for and from AGI (slide 3 of 3)

  7. 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

  8. 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

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

  10. Deductions from AGI • Itemized deductions include: • Medical expenses (in excess of 7.5% or 10% of AGI) • Certain state and local taxes • Contributions to qualified charitable organizations • Personal casualty losses (Aggregate 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)

  11. 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 • What if hire your teenage children to work for family-owned corporation? Schedule C or Dividend income • Expenses for the use of business property • One-half of self-employment taxes paid • Such expenses are deducted for AGI

  12. 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 • Motivated by business reasons NOT TAX CONSIDERATIONS (intent not to manipulate income)!

  13. 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

  14. 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

  15. 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 but subject to limitations. • Personal losses are not deductible

  16. Methods of Accounting • The method of accounting affects when deductions are taken • Cash: expenses are deductible only when paid • Accrual (must use if have inventory): expenses are deductible when incurred • Apply the all events testand the economic performance test. • All events test: All events have occurred to create taxpayer liability & amount determinable with reasonable accuracy. • Economic performance test: when service, property, or use of property giving rise to the liability is actually performed for, provided to, or used by the taxpayer. • Allowance method estimate for bad debts fails; must use direct write-off method instead.

  17. 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

  18. 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 • Foreign Corrupt Practices Act: accepted trade practice in a country v. violation of law (not deductible & criminal)

  19. 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

  20. 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

  21. 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

  22. Excessive Executive Compensation • 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. 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

  29. Hobby Losses (slide 4 of 8)

  30. 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); generally treat as miscellaneous itemized deductions.

  31. 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

  32. 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)

  33. 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

  34. 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

  35. 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

  36. 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% of fair rental days • Treated similar to hobby • Rental expenses deducted in three step process • No rental loss allowed • Carryforward of disallowed rental expenses

  37. 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)

  38. 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)

  39. 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

  40. 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

  41. 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

  42. Expenditures Incurred for Taxpayer’s Benefit or Obligation • No deduction is allowed for payment of another taxpayer’s expenses • Must be incurred for taxpayer’s benefit or arise from taxpayer’s obligation • Exception: Payment of medical expenses for a dependent

  43. Personal Expenditures • Unless otherwise provided in the Code, personal expenses are not deductible

  44. Capital Expenditures • Amounts are capitalized • Asset may be subject to depreciation (or cost recovery), amortization, or depletion

  45. Expenses and Interest Relating to Tax-Exempt Income • Expenses relating to production of tax-exempt income are nondeductible • Example: interest expense on loan where funds used to acquire municipal bonds

  46. Transactions Between Related Parties (slide 1 of 2) • Section 267 disallows losses from direct or indirect sales or exchanges of property between related parties • Family and entity relationships apply • Constructive ownership rules apply • Loss disallowed may reduce gain on subsequent disposition to unrelated third party

  47. Transactions Between Related Parties(slide 2 of 2) • Section 267 also requires the matching principle be applied for unpaid expenses and interest when different accounting methods used • Example: An accrual basis, closely held corporation, cannot deduct accrued, but unpaid, salary to cash basis related party employee/shareholder until it is actually paid

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