Taxation of Business Entities C16-1 Chapter 16 Introduction to the Taxation of Individuals...
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Transcript of Taxation of Business Entities C16-1 Chapter 16 Introduction to the Taxation of Individuals...
C16-C16-11Taxation of Business EntitiesTaxation of Business Entities
Chapter 16Chapter 16
Introduction to the Taxation of Individuals
Introduction to the Taxation of Individuals
Copyright ©2010 Cengage Learning
Taxation of Business Entities
C16-C16-22Taxation of Business EntitiesTaxation of Business Entities
Tax Formula (slide 1 of 2)Tax Formula (slide 1 of 2)
Income (broadly conceived) $x,xxxLess:Exclusions (x,xxx)Gross Income $x,xxxLess:Deductions for AGI (x,xxx)Adjusted Gross Income (AGI) $x,xxxLess:The greater of-
Total itemized deductionsor the standard deduction (x,xxx)Personal & dependency exemptions (x,xxx)
Taxable Income $x,xxx
Income (broadly conceived) $x,xxxLess:Exclusions (x,xxx)Gross Income $x,xxxLess:Deductions for AGI (x,xxx)Adjusted Gross Income (AGI) $x,xxxLess:The greater of-
Total itemized deductionsor the standard deduction (x,xxx)Personal & dependency exemptions (x,xxx)
Taxable Income $x,xxxFIGURE 16–1
C16-C16-33Taxation of Business EntitiesTaxation of Business Entities
Tax Formula (slide 2 of 2)Tax Formula (slide 2 of 2)
Tax on taxable income (see Tax Tables or Tax Rate Schedules) $ x,xxxLess: Tax credits (including income taxes withheld and prepaid) (xxx)Tax due (or refund) $ xxx
Tax on taxable income (see Tax Tables or Tax Rate Schedules) $ x,xxxLess: Tax credits (including income taxes withheld and prepaid) (xxx)Tax due (or refund) $ xxx
FIGURE 16.1
C16-C16-44Taxation of Business EntitiesTaxation of Business Entities
Income -Broadly ConceivedIncome -Broadly Conceived
• Includes all the taxpayer’s income, both taxable and nontaxable– Essentially equivalent to gross receipts
• It does not include a return of capital or receipt of borrowed funds
• Includes all the taxpayer’s income, both taxable and nontaxable– Essentially equivalent to gross receipts
• It does not include a return of capital or receipt of borrowed funds
C16-C16-55Taxation of Business EntitiesTaxation of Business Entities
Partial List of Exclusions from Gross Income
Partial List of Exclusions from Gross Income
• Accident insurance proceeds• Annuities (cost element)• Bequests• Child support payments• Cost-of-living allowance (for military)• Damages for personal injury or sickness• Gifts received• Group term life insurance, premium
paid by employer (for coverage up to $50,000)
• Inheritances• Interest from state and local (i.e.,
municipal) bonds• Life insurance paid on death
• Accident insurance proceeds• Annuities (cost element)• Bequests• Child support payments• Cost-of-living allowance (for military)• Damages for personal injury or sickness• Gifts received• Group term life insurance, premium
paid by employer (for coverage up to $50,000)
• Inheritances• Interest from state and local (i.e.,
municipal) bonds• Life insurance paid on death
• Meals and lodging (if furnished for employer’s convenience)
• Military allowances• Minister’s dwelling rental value
allowance• Railroad retirement benefits (to a
limited extent)• Scholarship grants (to a limited extent)• Social Security benefits (to a limited
extent)• Veterans’ benefits• Welfare payments• Workers’ compensation benefits
• Meals and lodging (if furnished for employer’s convenience)
• Military allowances• Minister’s dwelling rental value
allowance• Railroad retirement benefits (to a
limited extent)• Scholarship grants (to a limited extent)• Social Security benefits (to a limited
extent)• Veterans’ benefits• Welfare payments• Workers’ compensation benefits
Exhibit 16-1
C16-C16-66Taxation of Business EntitiesTaxation of Business Entities
Gross IncomeGross Income
• The Internal Revenue Code defines gross income broadly as ‘‘except as otherwise provided . . . , all income from whatever source derived’’
• Gross income does not include unrealized gains
• The Internal Revenue Code defines gross income broadly as ‘‘except as otherwise provided . . . , all income from whatever source derived’’
• Gross income does not include unrealized gains
C16-C16-77Taxation of Business EntitiesTaxation of Business Entities
Partial List of Gross Income Items (slide 1 of 2)
Partial List of Gross Income Items (slide 1 of 2)
• Alimony• Annuities (income element)• Awards• Back pay• Bargain purchase from employer• Bonuses• Breach of contract damages• Business income• Clergy fees• Commissions• Compensation for services• Death benefits• Debts forgiven• Director’s fees
• Alimony• Annuities (income element)• Awards• Back pay• Bargain purchase from employer• Bonuses• Breach of contract damages• Business income• Clergy fees• Commissions• Compensation for services• Death benefits• Debts forgiven• Director’s fees
• Hobby income• Interest• Jury duty fees• Living quarters, meals (unless
furnished for employer’s convenience)
• Mileage allowance• Military pay (unless combat pay)• Notary fees• Partnership income• Pensions• Prizes• Professional fees• Punitive damages
• Hobby income• Interest• Jury duty fees• Living quarters, meals (unless
furnished for employer’s convenience)
• Mileage allowance• Military pay (unless combat pay)• Notary fees• Partnership income• Pensions• Prizes• Professional fees• Punitive damages
Exhibit 16-2
C16-C16-88Taxation of Business EntitiesTaxation of Business Entities
Partial List of Gross Income Items (slide 2 of 2)
Partial List of Gross Income Items (slide 2 of 2)
• Dividends• Embezzled funds• Employee awards (in certain cases)• Employee benefits (except certain
fringe benefits)• Estate and trust income• Farm income• Fees• Gains from illegal activities• Gains from sale of property• Gambling winnings• Group term life insurance,
premium paid by employer (for coverage over $50,000)
• Dividends• Embezzled funds• Employee awards (in certain cases)• Employee benefits (except certain
fringe benefits)• Estate and trust income• Farm income• Fees• Gains from illegal activities• Gains from sale of property• Gambling winnings• Group term life insurance,
premium paid by employer (for coverage over $50,000)
• Rents• Rewards• Royalties• Salaries• Severance pay• Strike and lockout benefits• Supplemental unemployment
benefits• Tips and gratuities• Travel allowance (in certain cases)• Wages
• Rents• Rewards• Royalties• Salaries• Severance pay• Strike and lockout benefits• Supplemental unemployment
benefits• Tips and gratuities• Travel allowance (in certain cases)• Wages
Exhibit 16-2
C16-C16-99Taxation of Business EntitiesTaxation of Business Entities
Deductions - Individual TaxpayersDeductions - Individual Taxpayers
• Individual taxpayers have two categories of deductions: – Deductions for adjusted gross income (AGI) – Deductions from adjusted gross income
• Individual taxpayers have two categories of deductions: – Deductions for adjusted gross income (AGI) – Deductions from adjusted gross income
C16-C16-1010Taxation of Business EntitiesTaxation of Business Entities
Deductions For AGI (slide 1 of 2)Deductions For AGI (slide 1 of 2)
• Sometimes known as above-the-line deductions – On the tax return, they are taken before the
‘‘line’’ designating AGI
• Sometimes known as above-the-line deductions – On the tax return, they are taken before the
‘‘line’’ designating AGI
C16-C16-1111Taxation of Business EntitiesTaxation of Business Entities
Deductions For AGI (slide 2 of 2)Deductions For AGI (slide 2 of 2)
• Deductions for AGI include:– Ordinary and necessary expenses incurred in a trade or
business– One-half of self-employment tax paid– Alimony paid– Certain payments to an IRA and Health Savings
Account– Moving expenses– Forfeited interest penalty for premature withdrawal of
time deposits– The capital loss deduction, and – Others
• Deductions for AGI include:– Ordinary and necessary expenses incurred in a trade or
business– One-half of self-employment tax paid– Alimony paid– Certain payments to an IRA and Health Savings
Account– Moving expenses– Forfeited interest penalty for premature withdrawal of
time deposits– The capital loss deduction, and – Others
C16-C16-1212Taxation of Business EntitiesTaxation of Business Entities
Adjusted Gross Income (AGI)Adjusted Gross Income (AGI)
• AGI is an important subtotal – Serves as the basis for computing percentage
limitations on certain itemized deductions such as• Medical expenses
• Charitable contributions
• Certain casualty losses
– e.g., Medical expenses are deductible only to the extent they exceed 7.5% of AGI
• This limitation might be described as a 7.5% “floor” under the medical expense deduction
• AGI is an important subtotal – Serves as the basis for computing percentage
limitations on certain itemized deductions such as• Medical expenses
• Charitable contributions
• Certain casualty losses
– e.g., Medical expenses are deductible only to the extent they exceed 7.5% of AGI
• This limitation might be described as a 7.5% “floor” under the medical expense deduction
C16-C16-1313Taxation of Business EntitiesTaxation of Business Entities
Deductions From AGI (slide 1 of 3)Deductions From AGI (slide 1 of 3)
• Deductions from AGI include:– The greater of:
• Itemized deductions, or
• The standard deduction
– Personal and dependency exemptions
• Deductions from AGI include:– The greater of:
• Itemized deductions, or
• The standard deduction
– Personal and dependency exemptions
C16-C16-1414Taxation of Business EntitiesTaxation of Business Entities
Deductions From AGI (slide 2 of 3)Deductions From AGI (slide 2 of 3)
• A partial list of itemized deductions includes:– Medical expenses (in excess of 7.5% of AGI)– Certain taxes and interest– Charitable contributions– Deductions for expenses related to
• The production or collection of income, and• The management of property held for the production
of income
• A partial list of itemized deductions includes:– Medical expenses (in excess of 7.5% of AGI)– Certain taxes and interest– Charitable contributions– Deductions for expenses related to
• The production or collection of income, and• The management of property held for the production
of income
C16-C16-1515Taxation of Business EntitiesTaxation of Business Entities
Deductions From AGI (slide 3 of 3)Deductions From AGI (slide 3 of 3)
• The standard deduction is the sum of two components: – Basic standard deduction
• Amount allowed is based on taxpayer’s filing status
– Additional standard deductions• Available for taxpayers who are
– Age 65 or over, and
– Blind
• Two additional standard deductions are allowed for a taxpayer who is age 65 or over and blind
• Amount allowed depends on filing status
• The standard deduction is the sum of two components: – Basic standard deduction
• Amount allowed is based on taxpayer’s filing status
– Additional standard deductions• Available for taxpayers who are
– Age 65 or over, and
– Blind
• Two additional standard deductions are allowed for a taxpayer who is age 65 or over and blind
• Amount allowed depends on filing status
C16-C16-1616Taxation of Business EntitiesTaxation of Business Entities
Standard Deduction (slide 1 of 2)
Standard Deduction (slide 1 of 2)
• The basic standard deduction (BSD) amount depends on filing status of taxpayer
• The basic standard deduction (BSD) amount depends on filing status of taxpayer
Filing status 2008 2009 .Single $5,450 $5,700MFJ, SS 10,900 11,400HH 8,000 8,350MFS 5,450 5,700
C16-C16-1717Taxation of Business EntitiesTaxation of Business Entities
Standard Deduction(slide 2 of 2)
Standard Deduction(slide 2 of 2)
• Additional standard deduction (ASD)– For taxpayers age 65 or older and/or legally
blind
• Additional standard deduction (ASD)– For taxpayers age 65 or older and/or legally
blind
Filing Status 2008 2009 .Single $1,350 $1,400MFJ, SS 1,050 1,100HH 1,350 1,400MFS 1,050 1,100
TABLE 3–2
C16-C16-1818Taxation of Business EntitiesTaxation of Business Entities
Determining Standard DeductionDetermining Standard Deduction
• Examples (2009 tax year):– Taxpayer is single, blind, and age 65 or older
• SD = $5,700 (BSD) + $1,400 (ASD) + $1,400 (ASD) = $8,500
– Taxpayers are married, filing jointly, one blind, and both age 65 or older
• SD = $11,400 (BSD) + $1,100 (ASD) + $1,100 (ASD) + $1,100 (ASD) = $14,700
• Examples (2009 tax year):– Taxpayer is single, blind, and age 65 or older
• SD = $5,700 (BSD) + $1,400 (ASD) + $1,400 (ASD) = $8,500
– Taxpayers are married, filing jointly, one blind, and both age 65 or older
• SD = $11,400 (BSD) + $1,100 (ASD) + $1,100 (ASD) + $1,100 (ASD) = $14,700
C16-C16-1919Taxation of Business EntitiesTaxation of Business Entities
ARRTA of 2009 - Two New Standard Deductions
ARRTA of 2009 - Two New Standard Deductions
• ARRTA of 2009 provides two new tax incentives to stimulate home ownership and sale of autos– Provisions allow nonitemizers to deduct real property
taxes and sales tax paid on purchase of autos as special standard deduction
– Property taxes on a personal residence and sales taxes on a personal auto normally are deductions from AGI
• Thus, the standard deductions alternative is a tax windfall for taxpayers who do not itemize
• ARRTA of 2009 provides two new tax incentives to stimulate home ownership and sale of autos– Provisions allow nonitemizers to deduct real property
taxes and sales tax paid on purchase of autos as special standard deduction
– Property taxes on a personal residence and sales taxes on a personal auto normally are deductions from AGI
• Thus, the standard deductions alternative is a tax windfall for taxpayers who do not itemize
C16-C16-2020Taxation of Business EntitiesTaxation of Business Entities
ARRTA of 2009 - Standard Deduction For Real Property Taxes
ARRTA of 2009 - Standard Deduction For Real Property Taxes
• This temporary standard deduction for real property taxes is available for 2008 and 2009 tax returns– The amount allowed is the lesser of
• The amount paid, or
• $500 ($1,000 on a joint return)
• This temporary standard deduction for real property taxes is available for 2008 and 2009 tax returns– The amount allowed is the lesser of
• The amount paid, or
• $500 ($1,000 on a joint return)
C16-C16-2121Taxation of Business EntitiesTaxation of Business Entities
ARRTA of 2009 - Sales Tax Paid On The Purchase Of Autos
ARRTA of 2009 - Sales Tax Paid On The Purchase Of Autos
• This temporary standard deduction is available for auto sales tax paid on purchases that occur from Feb. 17 through Dec. 31, 2009– Deduction cannot exceed tax on first $49,500 of
purchase price
– Deduction is phased-out when taxpayer’s AGI exceeds $125,000 ($250,000 on a joint return)
– Purchased vehicle (e.g., cars, SUVs, light trucks, motorcycles) cannot exceed gross weight of 8,500 lbs.
– Original use must commence with the taxpayer
• This temporary standard deduction is available for auto sales tax paid on purchases that occur from Feb. 17 through Dec. 31, 2009– Deduction cannot exceed tax on first $49,500 of
purchase price
– Deduction is phased-out when taxpayer’s AGI exceeds $125,000 ($250,000 on a joint return)
– Purchased vehicle (e.g., cars, SUVs, light trucks, motorcycles) cannot exceed gross weight of 8,500 lbs.
– Original use must commence with the taxpayer
C16-C16-2222Taxation of Business EntitiesTaxation of Business Entities
Taxpayers Ineligible For Standard Deduction
Taxpayers Ineligible For Standard Deduction
• Certain taxpayers cannot use the SD:– Married, filing separately, when either spouse
itemizes deductions– Nonresident aliens– Individual filing return for tax year of less than
12 months because of change in annual accounting period
• Certain taxpayers cannot use the SD:– Married, filing separately, when either spouse
itemizes deductions– Nonresident aliens– Individual filing return for tax year of less than
12 months because of change in annual accounting period
C16-C16-2323Taxation of Business EntitiesTaxation of Business Entities
SD Limit For Person Claimed as DependentSD Limit For Person Claimed as Dependent
• Individual claimed as dependent has a BSD in 2009 limited to the greater of:– $950 or – $300 plus earned income (but not exceeding
normal BSD)
• ASD amount(s) still available
• Individual claimed as dependent has a BSD in 2009 limited to the greater of:– $950 or – $300 plus earned income (but not exceeding
normal BSD)
• ASD amount(s) still available
C16-C16-2424Taxation of Business EntitiesTaxation of Business Entities
Examples of SD Limit (slide 1 of 2)Examples of SD Limit (slide 1 of 2)
• Dependent’s SD (2009 tax year):– A blind child who earns $200 and is claimed by
parents as a dependency exemption• SD = $950 (BSD) + $1,400 (ASD) = $2,350
– A child who earns $1,500 and is claimed by parents as a dependency exemption
• SD = $1,800 [BSD equal to greater of $950 or ($300 + $1,500 earned income)]
• Dependent’s SD (2009 tax year):– A blind child who earns $200 and is claimed by
parents as a dependency exemption• SD = $950 (BSD) + $1,400 (ASD) = $2,350
– A child who earns $1,500 and is claimed by parents as a dependency exemption
• SD = $1,800 [BSD equal to greater of $950 or ($300 + $1,500 earned income)]
C16-C16-2525Taxation of Business EntitiesTaxation of Business Entities
Examples of SD Limit (slide 2 of 2)Examples of SD Limit (slide 2 of 2)
• Examples of dependent’s SD (2009 tax year)– A child who earns $6,000 and is claimed by
parents as a dependency exemption• SD = $5,700 [BSD limited to normal amount]
• Examples of dependent’s SD (2009 tax year)– A child who earns $6,000 and is claimed by
parents as a dependency exemption• SD = $5,700 [BSD limited to normal amount]
C16-C16-2626Taxation of Business EntitiesTaxation of Business Entities
Personal and Dependency Exemption Amounts
Personal and Dependency Exemption Amounts
• Amounts– 2008: $3,500 per exemption– 2009: $3,650 per exemption
• Personal and dependency exemptions– One per taxpayer (two personal exemptions
when married, filing jointly) and for each dependent
• Exception: Individual claimed as dependent by another taxpayer does not receive a personal exemption
• Amounts– 2008: $3,500 per exemption– 2009: $3,650 per exemption
• Personal and dependency exemptions– One per taxpayer (two personal exemptions
when married, filing jointly) and for each dependent
• Exception: Individual claimed as dependent by another taxpayer does not receive a personal exemption
C16-C16-2727Taxation of Business EntitiesTaxation of Business Entities
Personal and Dependency Exemptions In Year Of Death
Personal and Dependency Exemptions In Year Of Death
• Personal exemption allowed on joint return for spouse who dies during the year– Example: Tom and Betty were married in 1990.
Tom dies on February 1, 2008. A personal exemption may be claimed for Tom on the taxpayers’ 2008 joint return.
• Personal exemption allowed on joint return for spouse who dies during the year– Example: Tom and Betty were married in 1990.
Tom dies on February 1, 2008. A personal exemption may be claimed for Tom on the taxpayers’ 2008 joint return.
C16-C16-2828Taxation of Business EntitiesTaxation of Business Entities
Dependency Exemptions (slide 1 of 2)Dependency Exemptions (slide 1 of 2)
• A dependency exemption is available for one who is either a qualifying child or a qualifying relative– A qualifying child must meet the following
tests:• Relationship• Abode• Age, and • Support
• A dependency exemption is available for one who is either a qualifying child or a qualifying relative– A qualifying child must meet the following
tests:• Relationship• Abode• Age, and • Support
C16-C16-2929Taxation of Business EntitiesTaxation of Business Entities
Dependency Exemptions (slide 2 of 2)Dependency Exemptions (slide 2 of 2)
• One objective of the Working Families Tax Relief Act of 2004 (WFTRA of 2004)– Establish a uniform definition of qualifying
child for purposes of the:• Dependency exemption• Head-of-household filing status• Earned income tax credit• Child tax credit• Credit for child and dependent care expenses
• One objective of the Working Families Tax Relief Act of 2004 (WFTRA of 2004)– Establish a uniform definition of qualifying
child for purposes of the:• Dependency exemption• Head-of-household filing status• Earned income tax credit• Child tax credit• Credit for child and dependent care expenses
C16-C16-3030Taxation of Business EntitiesTaxation of Business Entities
Relationship TestRelationship Test
• The child must be the taxpayer’s: – Son or daughter– Stepson or stepdaughter– Brother or sister– Stepbrother or stepsister– Half brother or half sister, or – A descendant of such individual (e.g., grandchildren,
nephews, nieces)• A child who has been adopted, or whose adoption
is pending, qualifies• A foster child may also qualify
• The child must be the taxpayer’s: – Son or daughter– Stepson or stepdaughter– Brother or sister– Stepbrother or stepsister– Half brother or half sister, or – A descendant of such individual (e.g., grandchildren,
nephews, nieces)• A child who has been adopted, or whose adoption
is pending, qualifies• A foster child may also qualify
C16-C16-3131Taxation of Business EntitiesTaxation of Business Entities
Abode Test Abode Test
• A qualifying child must live with the taxpayer for more than half of the year– Temporary absences from the household due to
special circumstances (e.g., illness, education) are not considered
• A qualifying child must live with the taxpayer for more than half of the year– Temporary absences from the household due to
special circumstances (e.g., illness, education) are not considered
C16-C16-3232Taxation of Business EntitiesTaxation of Business Entities
Age TestAge Test
• The child must be under age 19 or under age 24 in the case of a student– A student is a child who, during any part of five
months of the year, is enrolled full time at a school or government-sponsored on-farm training course
– Individuals who are disabled are not subject to the age test
• The child must be under age 19 or under age 24 in the case of a student– A student is a child who, during any part of five
months of the year, is enrolled full time at a school or government-sponsored on-farm training course
– Individuals who are disabled are not subject to the age test
C16-C16-3333Taxation of Business EntitiesTaxation of Business Entities
SupportSupport
• To be a qualifying child, the individual must not be self-supporting– Cannot provide more than one-half of his or her
own support– In the case of a full-time student, scholarships
are not considered to be support
• To be a qualifying child, the individual must not be self-supporting– Cannot provide more than one-half of his or her
own support– In the case of a full-time student, scholarships
are not considered to be support
C16-C16-3434Taxation of Business EntitiesTaxation of Business Entities
Tiebreaker RulesTiebreaker Rules
• In situations where a child may be a qualifying child for more than one person– Tiebreaker rules specify which person has
priority in claiming the dependency exemption
• In situations where a child may be a qualifying child for more than one person– Tiebreaker rules specify which person has
priority in claiming the dependency exemption
C16-C16-3535Taxation of Business EntitiesTaxation of Business Entities
Qualifying RelativeQualifying Relative
• In order to claim a dependency exemption for a qualifying relative, the following tests must be met:– Relationship – Gross income– Support
• In order to claim a dependency exemption for a qualifying relative, the following tests must be met:– Relationship – Gross income– Support
C16-C16-3636Taxation of Business EntitiesTaxation of Business Entities
Relationship TestRelationship Test
• The relationship test for a qualifying relative is more expansive than for a qualifying child. Also included are the following relatives:– Lineal ascendants (e.g., parents, grandparents)– Collateral ascendants (e.g., uncles, aunts)– Certain in-laws (e.g., son-, daughter-, father-, mother-,
brother-, and sister-in-law)
• The relationship test also includes unrelated parties who live with the taxpayer
• The relationship test for a qualifying relative is more expansive than for a qualifying child. Also included are the following relatives:– Lineal ascendants (e.g., parents, grandparents)– Collateral ascendants (e.g., uncles, aunts)– Certain in-laws (e.g., son-, daughter-, father-, mother-,
brother-, and sister-in-law)
• The relationship test also includes unrelated parties who live with the taxpayer
C16-C16-3737Taxation of Business EntitiesTaxation of Business Entities
Gross Income TestGross Income Test
• Dependent’s gross income must be less than the exemption amount ($3,650 for 2009)
• Dependent’s gross income must be less than the exemption amount ($3,650 for 2009)
C16-C16-3838Taxation of Business EntitiesTaxation of Business Entities
Support TestSupport Test
• Taxpayer must provide more than 50% of the qualifying relative’s support– Only amounts expended are considered in the support
test
– Scholarships are not considered in the support test
• Two exceptions to the support test:– Multiple support agreements
– Children of divorced parents
• Taxpayer must provide more than 50% of the qualifying relative’s support– Only amounts expended are considered in the support
test
– Scholarships are not considered in the support test
• Two exceptions to the support test:– Multiple support agreements
– Children of divorced parents
C16-C16-3939Taxation of Business EntitiesTaxation of Business Entities
Multiple Support AgreementsMultiple Support Agreements
• Allows one member of a group providing > 50% of support to claim individual even though no one person provides > 50% support– Eligible parties must provide > 10% of support
– Each eligible party must meet all other dependency requirements
• Example - Allows children of elderly parent to claim exemption for parent when none individually meets the 50% support test
• Allows one member of a group providing > 50% of support to claim individual even though no one person provides > 50% support– Eligible parties must provide > 10% of support
– Each eligible party must meet all other dependency requirements
• Example - Allows children of elderly parent to claim exemption for parent when none individually meets the 50% support test
C16-C16-4040Taxation of Business EntitiesTaxation of Business Entities
Children of Divorced ParentsChildren of Divorced Parents
• Special rules apply if the parents meet the following conditions:– They would have been entitled to the dependency exemption had
they been married and filed a joint return– They have custody (either jointly or singly) of the child for more
than half of the year
• Under the general rule, the parent having custody of the child for the greater part of the year (i.e., the custodial parent) is entitled to the dependency exemption– General rule does not apply if
• A multiple support agreement is in effect• Custodial parent issues a waiver in favor of the noncustodial parent
• Special rules apply if the parents meet the following conditions:– They would have been entitled to the dependency exemption had
they been married and filed a joint return– They have custody (either jointly or singly) of the child for more
than half of the year
• Under the general rule, the parent having custody of the child for the greater part of the year (i.e., the custodial parent) is entitled to the dependency exemption– General rule does not apply if
• A multiple support agreement is in effect• Custodial parent issues a waiver in favor of the noncustodial parent
C16-C16-4141Taxation of Business EntitiesTaxation of Business Entities
Other Rules for Dependency Exemptions
Other Rules for Dependency Exemptions
• In addition to fitting into either the qualifying child or the qualifying relative category, a dependent must also meet:– The joint return, and – The citizenship or residency tests
• In addition to fitting into either the qualifying child or the qualifying relative category, a dependent must also meet:– The joint return, and – The citizenship or residency tests
C16-C16-4242Taxation of Business EntitiesTaxation of Business Entities
Joint Return TestJoint Return Test
• Dependent cannot file a joint return with spouse unless:– Filing solely for refund of tax withheld– No tax liability exists for either spouse – Neither spouse required to file return
• Dependent cannot file a joint return with spouse unless:– Filing solely for refund of tax withheld– No tax liability exists for either spouse – Neither spouse required to file return
C16-C16-4343Taxation of Business EntitiesTaxation of Business Entities
Citizen or Residency TestCitizen or Residency Test
• Dependent must be a U.S. citizen or a resident of U.S., Canada, or Mexico for some part of the calendar year in which the taxpayer’s tax year begins– An exception provides that an adopted child
need not be a citizen or resident of the U.S. (or a contiguous country) as long as his or her principal abode is with a U.S. citizen
• Dependent must be a U.S. citizen or a resident of U.S., Canada, or Mexico for some part of the calendar year in which the taxpayer’s tax year begins– An exception provides that an adopted child
need not be a citizen or resident of the U.S. (or a contiguous country) as long as his or her principal abode is with a U.S. citizen
C16-C16-4444Taxation of Business EntitiesTaxation of Business Entities
Phase-out of Exemptions (slide 1 of 2)Phase-out of Exemptions (slide 1 of 2)
Applies when taxpayer’s AGI in 2009 exceeds:• $250,200 for married, filing jointly, or surviving spouse
• $208,500 for head of household
• $166,800 for single
• $125,100 for married, filing separately
• The phase-out of exemptions is being repealed in two stages and will not be complete until 2010– The exemption phaseout remains at two-thirds for 2006
and 2007 and at one-third for 2008 and 2009
Applies when taxpayer’s AGI in 2009 exceeds:• $250,200 for married, filing jointly, or surviving spouse
• $208,500 for head of household
• $166,800 for single
• $125,100 for married, filing separately
• The phase-out of exemptions is being repealed in two stages and will not be complete until 2010– The exemption phaseout remains at two-thirds for 2006
and 2007 and at one-third for 2008 and 2009
C16-C16-4545Taxation of Business EntitiesTaxation of Business Entities
Phase-out of Exemptions (slide 2 of 2)Phase-out of Exemptions (slide 2 of 2)
• Exemptions deduction is reduced by 2% for every $2,500 ($1,250 for MFS), or part thereof, that AGI exceeds threshold amounts– The amount of the phased-out exemptions is
then multiplied by 1/3 (the reduction-of-phaseout fraction) for tax years 2008 and 2009
• Exemptions deduction is reduced by 2% for every $2,500 ($1,250 for MFS), or part thereof, that AGI exceeds threshold amounts– The amount of the phased-out exemptions is
then multiplied by 1/3 (the reduction-of-phaseout fraction) for tax years 2008 and 2009
C16-C16-4646Taxation of Business EntitiesTaxation of Business Entities
Filing Requirements (slide 1 of 2)Filing Requirements (slide 1 of 2)
• General Rule: Tax return must be filed if gross income is ≥ the sum of the standard deduction and exemption amount
• ASD for blind does not apply for this determination
– Special rules apply for dependents and self-employed taxpayers
• General Rule: Tax return must be filed if gross income is ≥ the sum of the standard deduction and exemption amount
• ASD for blind does not apply for this determination
– Special rules apply for dependents and self-employed taxpayers
C16-C16-4747Taxation of Business EntitiesTaxation of Business Entities
Filing Requirements (slide 2 of 2)Filing Requirements (slide 2 of 2)
• Tax return of an individual is due on or before the 15th day of the 4th month after taxpayer’s year end– Most individuals are calendar year taxpayers, thus, due
date is April 15
• May obtain a 6 month extension of time to file– Excuses a taxpayer from penalty for failure to file, not
from penalty for failure to pay• If more tax is owed, extension request (Form 4868) should be
accompanied by check for balance of tax due
• Tax return of an individual is due on or before the 15th day of the 4th month after taxpayer’s year end– Most individuals are calendar year taxpayers, thus, due
date is April 15
• May obtain a 6 month extension of time to file– Excuses a taxpayer from penalty for failure to file, not
from penalty for failure to pay• If more tax is owed, extension request (Form 4868) should be
accompanied by check for balance of tax due
C16-C16-4848Taxation of Business EntitiesTaxation of Business Entities
Filing StatusFiling Status
• There are 5 filing statuses– Single
– Married, filing jointly
– Surviving spouse (qualifying widow or widower)
– Head of household
– Married, filing separately
• Filing status affects tax rate brackets, standard deduction, and other amounts
• There are 5 filing statuses– Single
– Married, filing jointly
– Surviving spouse (qualifying widow or widower)
– Head of household
– Married, filing separately
• Filing status affects tax rate brackets, standard deduction, and other amounts
C16-C16-4949Taxation of Business EntitiesTaxation of Business Entities
Single Filing StatusSingle Filing Status
• Includes a taxpayer who is unmarried or separated from spouse by a divorce decree or separate maintenance agreement and does not qualify for another filing status – Marital status is determined as of the last day of
the tax year• When a spouse dies during the year, marital status is
determined as of the date of death
• Includes a taxpayer who is unmarried or separated from spouse by a divorce decree or separate maintenance agreement and does not qualify for another filing status – Marital status is determined as of the last day of
the tax year• When a spouse dies during the year, marital status is
determined as of the date of death
C16-C16-5050Taxation of Business EntitiesTaxation of Business Entities
Married Filing Jointly (MFJ) Filing Status
Married Filing Jointly (MFJ) Filing Status
• Married as of last day of taxable year, or
• Spouse dies during taxable year
• Married as of last day of taxable year, or
• Spouse dies during taxable year
C16-C16-5151Taxation of Business EntitiesTaxation of Business Entities
Surviving Spouse Filing StatusSurviving Spouse Filing Status
• Same tax rate brackets as married, filing jointly
• File as surviving spouse for 2 years after death of spouse if taxpayer maintains a home in which a dependent child lives
• Same tax rate brackets as married, filing jointly
• File as surviving spouse for 2 years after death of spouse if taxpayer maintains a home in which a dependent child lives
C16-C16-5252Taxation of Business EntitiesTaxation of Business Entities
Married Filing Separately Filing StatusMarried Filing Separately Filing Status
• Married but not filing a return with spouse and not abandoned spouse
• Married but not filing a return with spouse and not abandoned spouse
C16-C16-5353Taxation of Business EntitiesTaxation of Business Entities
Head of Household (HH) Filing StatusHead of Household (HH) Filing Status
• Must be unmarried as of end of year or an abandoned spouse
• Must pay > half the cost of maintaining a household which is the principal home of a dependent for more than half of tax year
• Must be unmarried as of end of year or an abandoned spouse
• Must pay > half the cost of maintaining a household which is the principal home of a dependent for more than half of tax year
C16-C16-5454Taxation of Business EntitiesTaxation of Business Entities
Abandoned SpouseAbandoned Spouse
• Allows married taxpayer to file as Head of Household if taxpayer:
– Does not file a joint return– Paid > half the cost of maintaining a home– Spouse did not live in home during last 6
months of tax year– Home was principal residence of taxpayer’s
child for > half of year– Can claim child as a dependent
• Allows married taxpayer to file as Head of Household if taxpayer:
– Does not file a joint return– Paid > half the cost of maintaining a home– Spouse did not live in home during last 6
months of tax year– Home was principal residence of taxpayer’s
child for > half of year– Can claim child as a dependent
C16-C16-5555Taxation of Business EntitiesTaxation of Business Entities
Tax RatesTax Rates
• Prior to recent legislation, tax rates were 15%, 28%, 31%, 36%, and 39.6%
• Effective January 1, 2003 – Tax rates are 10%, 15%, 25%, 28%, 33%, and
35%
• Prior to recent legislation, tax rates were 15%, 28%, 31%, 36%, and 39.6%
• Effective January 1, 2003 – Tax rates are 10%, 15%, 25%, 28%, 33%, and
35%
C16-C16-5656Taxation of Business EntitiesTaxation of Business Entities
Kiddie Tax (slide 1 of 4)Kiddie Tax (slide 1 of 4)
• Net unearned income (NUI) of child is taxed at parents’ rate– Child must be under age 18 at end of year– NUI generally equals unearned income less
$1,900 (2009 tax year)
• Net unearned income (NUI) of child is taxed at parents’ rate– Child must be under age 18 at end of year– NUI generally equals unearned income less
$1,900 (2009 tax year)
C16-C16-5757Taxation of Business EntitiesTaxation of Business Entities
Kiddie Tax (slide 2 of 4)Kiddie Tax (slide 2 of 4)
• Unearned income includes:– Taxable interest– Dividends– Capital gains– Rents– Royalties– Pension and annuity income, and – Unearned income from trusts
• Unearned income includes:– Taxable interest– Dividends– Capital gains– Rents– Royalties– Pension and annuity income, and – Unearned income from trusts
C16-C16-5858Taxation of Business EntitiesTaxation of Business Entities
Kiddie Tax (slide 3 of 4)Kiddie Tax (slide 3 of 4)
• Computing NUI for Kiddie Tax for 2009:Unearned income
Less: $950
Less: The greater of:
i) $950, or
ii) Allowable itemized deductions connected with production of unearned income
Equals: net unearned income
• Computing NUI for Kiddie Tax for 2009:Unearned income
Less: $950
Less: The greater of:
i) $950, or
ii) Allowable itemized deductions connected with production of unearned income
Equals: net unearned income
C16-C16-5959Taxation of Business EntitiesTaxation of Business Entities
Kiddie Tax (slide 4 of 4)Kiddie Tax (slide 4 of 4)
• Net unearned income taxed at parents’ rate– Remainder of taxable income taxed at child’s rate
• Two options for computing the tax – A separate return may be filed for the child
• The tax on net unearned income (referred to as the allocable parental tax) is computed as though the income had been included on the parents’ return
– Form 8615 is used to compute the tax
– The parents may elect to report child’s income on their own return
• Certain requirements must be met
• Net unearned income taxed at parents’ rate– Remainder of taxable income taxed at child’s rate
• Two options for computing the tax – A separate return may be filed for the child
• The tax on net unearned income (referred to as the allocable parental tax) is computed as though the income had been included on the parents’ return
– Form 8615 is used to compute the tax
– The parents may elect to report child’s income on their own return
• Certain requirements must be met
C16-C16-6060Taxation of Business EntitiesTaxation of Business Entities
Alimony and Separate Maintenance Payments (slide 1 of 3)
Alimony and Separate Maintenance Payments (slide 1 of 3)
• Alimony is:– Deductible by payor– Includible in gross income of recipient
• Alimony is:– Deductible by payor– Includible in gross income of recipient
C16-C16-6161Taxation of Business EntitiesTaxation of Business Entities
Alimony and Separate Maintenance Payments (slide 2 of 3)
Alimony and Separate Maintenance Payments (slide 2 of 3)
• Property settlements– Transfer of property to former spouse– No deduction or recognized gain or loss for
payor– No gross income and carryover of payor’s
basis for recipient
• Property settlements– Transfer of property to former spouse– No deduction or recognized gain or loss for
payor– No gross income and carryover of payor’s
basis for recipient
C16-C16-6262Taxation of Business EntitiesTaxation of Business Entities
Alimony and Separate Maintenance Payments (slide 3 of 3)
Alimony and Separate Maintenance Payments (slide 3 of 3)
• Child support payments– Payments made to satisfy legal obligation to support
child of taxpayer– Nondeductible by payor and not taxed to recipient (or
child)
• May be difficult to determine whether an amount received is alimony or child support– If amount of payment would be reduced due to some
future event related to the child (e.g., child reaches age 21), such reduction is deemed child support
• Child support payments– Payments made to satisfy legal obligation to support
child of taxpayer– Nondeductible by payor and not taxed to recipient (or
child)
• May be difficult to determine whether an amount received is alimony or child support– If amount of payment would be reduced due to some
future event related to the child (e.g., child reaches age 21), such reduction is deemed child support
C16-C16-6363Taxation of Business EntitiesTaxation of Business Entities
Prizes and AwardsPrizes and Awards
• General rule: FMV of item is included in income
• Exceptions:• Taxpayer designates qualified organization to
receive prize or award (subject to other requirements)
• Employee achievement awards of tangible personal property made in recognition of length of service or safety achievement
• General rule: FMV of item is included in income
• Exceptions:• Taxpayer designates qualified organization to
receive prize or award (subject to other requirements)
• Employee achievement awards of tangible personal property made in recognition of length of service or safety achievement
C16-C16-6464Taxation of Business EntitiesTaxation of Business Entities
Unemployment CompensationUnemployment Compensation
• Prior to 2009, unemployment compensation was taxable in full
• Under ARRTA of 2009 the first $2,400 of unemployment compensation is excluded from gross income– This relief from taxation is limited to 2009
• Prior to 2009, unemployment compensation was taxable in full
• Under ARRTA of 2009 the first $2,400 of unemployment compensation is excluded from gross income– This relief from taxation is limited to 2009
C16-C16-6565Taxation of Business EntitiesTaxation of Business Entities
Social Security BenefitsSocial Security Benefits
• 50% to 85% of benefits may be taxable
• Taxability is based on taxpayer’s modified adjusted gross income (MAGI)
• 50% to 85% of benefits may be taxable
• Taxability is based on taxpayer’s modified adjusted gross income (MAGI)
C16-C16-6666Taxation of Business EntitiesTaxation of Business Entities
Gifts and Inheritances (slide 1 of 3)
Gifts and Inheritances (slide 1 of 3)
• Gifts are nontaxable to donee if:– Transfer is voluntary without adequate
consideration, and– Made because of affection, respect, admiration,
charity, or donative intent
• Gifts are nontaxable to donee if:– Transfer is voluntary without adequate
consideration, and– Made because of affection, respect, admiration,
charity, or donative intent
C16-C16-6767Taxation of Business EntitiesTaxation of Business Entities
Gifts and Inheritances (slide 2 of 3)
Gifts and Inheritances (slide 2 of 3)
• Inheritances are nontaxable to beneficiary
• Income earned on gifts or inheritances is taxable under normal rules– Example: Father gifts corporate bond to
daughter. Gift is excluded from daughter’s gross income, but interest income earned after gift date is taxable to her.
• Inheritances are nontaxable to beneficiary
• Income earned on gifts or inheritances is taxable under normal rules– Example: Father gifts corporate bond to
daughter. Gift is excluded from daughter’s gross income, but interest income earned after gift date is taxable to her.
C16-C16-6868Taxation of Business EntitiesTaxation of Business Entities
Gifts and Inheritances (slide 3 of 3)
Gifts and Inheritances (slide 3 of 3)
• Transfers by employers to employees do not qualify as excludible gifts– May be excludible under other provisions, e.g.,
employee achievement awards
• Transfers by employers to employees do not qualify as excludible gifts– May be excludible under other provisions, e.g.,
employee achievement awards
C16-C16-6969Taxation of Business EntitiesTaxation of Business Entities
Scholarships and FellowshipsScholarships and Fellowships
• An amount paid to or for the benefit of a student to aid in pursuing a degree at an educational institution– Nontaxable to extent of tuition and related
expenses (e.g., fees, books, supplies, and equipment required for courses)
• Amounts received for room and board are taxable
• An amount paid to or for the benefit of a student to aid in pursuing a degree at an educational institution– Nontaxable to extent of tuition and related
expenses (e.g., fees, books, supplies, and equipment required for courses)
• Amounts received for room and board are taxable
C16-C16-7070Taxation of Business EntitiesTaxation of Business Entities
Damages (slide 1 of 3)Damages (slide 1 of 3)
• Tax consequences of receipt of damages– Depends on type of harm taxpayer experienced– The taxpayer may seek damages for:
• Loss of income
• Expenses incurred
• Property destroyed
• Personal injury
• Tax consequences of receipt of damages– Depends on type of harm taxpayer experienced– The taxpayer may seek damages for:
• Loss of income
• Expenses incurred
• Property destroyed
• Personal injury
C16-C16-7171Taxation of Business EntitiesTaxation of Business Entities
Damages (slide 2 of 3)Damages (slide 2 of 3)
• Tax treatment of damages received for: – Loss of income
• Generally, taxed the same as the income replaced– Exceptions exist related to personal injury
– Reimbursement for expenses incurred• Not income, unless the expense was deducted
– Damages that are a recovery of the taxpayer’s previously deducted expenses are generally taxable under the tax benefit rule
• Tax treatment of damages received for: – Loss of income
• Generally, taxed the same as the income replaced– Exceptions exist related to personal injury
– Reimbursement for expenses incurred• Not income, unless the expense was deducted
– Damages that are a recovery of the taxpayer’s previously deducted expenses are generally taxable under the tax benefit rule
C16-C16-7272Taxation of Business EntitiesTaxation of Business Entities
Damages (slide 3 of 3)Damages (slide 3 of 3)
• Tax treatment of damages received for: – Property destroyed
• Treated as an amount received in a sale or exchange of the property
– Thus, taxpayer has realized gain if damage payments exceed property’s basis
– Personal injury• Receives special treatment
• Tax treatment of damages received for: – Property destroyed
• Treated as an amount received in a sale or exchange of the property
– Thus, taxpayer has realized gain if damage payments exceed property’s basis
– Personal injury• Receives special treatment
C16-C16-7373Taxation of Business EntitiesTaxation of Business Entities
Compensation for Injuries and Sickness (slide 1 of 3)
Compensation for Injuries and Sickness (slide 1 of 3)
• Personal injury damages– Compensatory damages received on account of
physical personal injury or physical illness are excludible
• Includes amounts received for loss of income associated with the physical personal injury or physical sickness
– All other personal injury damages are taxable• Compensatory damages for nonphysical injury• All punitive damages
• Personal injury damages– Compensatory damages received on account of
physical personal injury or physical illness are excludible
• Includes amounts received for loss of income associated with the physical personal injury or physical sickness
– All other personal injury damages are taxable• Compensatory damages for nonphysical injury• All punitive damages
C16-C16-7474Taxation of Business EntitiesTaxation of Business Entities
Compensation for Injuries and Sickness (slide 2 of 3)
Compensation for Injuries and Sickness (slide 2 of 3)
• Workers’ compensation– Although may be payment for loss of wages,
workers’ compensation is specifically excluded from gross income
• Workers’ compensation– Although may be payment for loss of wages,
workers’ compensation is specifically excluded from gross income
C16-C16-7575Taxation of Business EntitiesTaxation of Business Entities
Compensation for Injuries and Sickness (slide 3 of 3)
Compensation for Injuries and Sickness (slide 3 of 3)
• Accident and health insurance benefits– Benefits received under policy purchased by
taxpayer are excludible• Even if benefits are substitute for income
– Different rules apply if the accident and health insurance protection was purchased by the individual’s employer
• Accident and health insurance benefits– Benefits received under policy purchased by
taxpayer are excludible• Even if benefits are substitute for income
– Different rules apply if the accident and health insurance protection was purchased by the individual’s employer
C16-C16-7676Taxation of Business EntitiesTaxation of Business Entities
Educational Savings BondsEducational Savings Bonds
• Interest on Series EE U.S. Savings Bonds may be excluded from income if:– Proceeds used to pay for qualified higher
educational expenses– Bonds issued after 12/31/89, and– Bonds issued to person at least 24 years old
• Exclusion is phased-out once modified AGI exceeds threshold amount
• Interest on Series EE U.S. Savings Bonds may be excluded from income if:– Proceeds used to pay for qualified higher
educational expenses– Bonds issued after 12/31/89, and– Bonds issued to person at least 24 years old
• Exclusion is phased-out once modified AGI exceeds threshold amount
C16-C16-7777Taxation of Business EntitiesTaxation of Business Entities
Itemized Deductions(slide 1 of 2)
Itemized Deductions(slide 1 of 2)
• Personal expenditures that are deductible from AGI as itemized deductions include: – Medical expenses– Taxes– Interest– Charitable Contributions– Miscellaneous itemized deductions
• Personal expenditures that are deductible from AGI as itemized deductions include: – Medical expenses– Taxes– Interest– Charitable Contributions– Miscellaneous itemized deductions
C16-C16-7878Taxation of Business EntitiesTaxation of Business Entities
Itemized Deductions(slide 2 of 2)
Itemized Deductions(slide 2 of 2)
• Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer
• Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer
C16-C16-7979Taxation of Business EntitiesTaxation of Business Entities
Medical Expenses (slide 1 of 6)
Medical Expenses (slide 1 of 6)
• Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents– Includes prescription drugs and insulin
• Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents– Includes prescription drugs and insulin
C16-C16-8080Taxation of Business EntitiesTaxation of Business Entities
Medical Expenses (slide 2 of 6)
Medical Expenses (slide 2 of 6)
• Does not include the cost of items such as :– Elective cosmetic surgery– General health items– Nonprescription drugs
• Does not include the cost of items such as :– Elective cosmetic surgery– General health items– Nonprescription drugs
C16-C16-8181Taxation of Business EntitiesTaxation of Business Entities
Medical Expenses (slide 3 of 6)
Medical Expenses (slide 3 of 6)
• Medical expenditures are deductible in year paid – Includes payment by check or credit card
• Medical expenditures are deductible in year paid – Includes payment by check or credit card
C16-C16-8282Taxation of Business EntitiesTaxation of Business Entities
Medical Expenses (slide 4 of 6)
Medical Expenses (slide 4 of 6)
• Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI
• Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI
C16-C16-8383Taxation of Business EntitiesTaxation of Business Entities
Medical Expenses (slide 5 of 6)
Medical Expenses (slide 5 of 6)
• Example of medical expense deduction limitation:– Amy has AGI of $10,000 and medical expenses
of $1,000– Amy’s medical expense deduction = $250
[$1,000 – ($10,000 × 7.5%)]
• Example of medical expense deduction limitation:– Amy has AGI of $10,000 and medical expenses
of $1,000– Amy’s medical expense deduction = $250
[$1,000 – ($10,000 × 7.5%)]
C16-C16-8484Taxation of Business EntitiesTaxation of Business Entities
Medical Expenses (slide 6 of 6)
Medical Expenses (slide 6 of 6)
• Example of medical expense deduction limitation:– Bob has AGI of $4,000 and medical expenses
of $1,000– Bob’s medical expense deduction = $700
[$1,000 – ($4,000 × 7.5%)]
• Example of medical expense deduction limitation:– Bob has AGI of $4,000 and medical expenses
of $1,000– Bob’s medical expense deduction = $700
[$1,000 – ($4,000 × 7.5%)]
C16-C16-8585Taxation of Business EntitiesTaxation of Business Entities
Nursing Home ExpendituresNursing Home Expenditures
• If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify
• If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)
• If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify
• If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)
C16-C16-8686Taxation of Business EntitiesTaxation of Business Entities
Capital Medical ExpendituresCapital Medical Expenditures
• May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc.
• Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable
• Full amount of cost is medical expense in year paid
• Maintenance on capital expenditures also medical expense
• May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc.
• Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable
• Full amount of cost is medical expense in year paid
• Maintenance on capital expenditures also medical expense
C16-C16-8787Taxation of Business EntitiesTaxation of Business Entities
Capital Improvement to HomeCapital Improvement to Home
• Deductible medical expense only to extent that cost of improvement exceeds increase in value of home– Exception: removal of structural barriers to
home of handicapped are deemed to add no value to home. Thus, full amount is a medical expense.
• Deductible medical expense only to extent that cost of improvement exceeds increase in value of home– Exception: removal of structural barriers to
home of handicapped are deemed to add no value to home. Thus, full amount is a medical expense.
C16-C16-8888Taxation of Business EntitiesTaxation of Business Entities
Medical Care of Spouse and Dependents
Medical Care of Spouse and Dependents
• Taxpayer may deduct cost of medical care for spouse and dependents– Dependents need not meet gross income or
joint return tests– Medical expenses of children of divorced
parents can be deducted by non-custodial parent even though child is dependent of custodial parent
• Taxpayer may deduct cost of medical care for spouse and dependents– Dependents need not meet gross income or
joint return tests– Medical expenses of children of divorced
parents can be deducted by non-custodial parent even though child is dependent of custodial parent
C16-C16-8989Taxation of Business EntitiesTaxation of Business Entities
Health Insurance PremiumsHealth Insurance Premiums
• Premiums paid for medical care insurance are deductible medical expenses
• For self-employed, 100% of insurance premiums are deductible for AGI
• Premiums paid for medical care insurance are deductible medical expenses
• For self-employed, 100% of insurance premiums are deductible for AGI
C16-C16-9090Taxation of Business EntitiesTaxation of Business Entities
Health Savings AccountsHealth Savings Accounts
• Used in conjunction with a high deductible medical insurance policy– Employee contributions to HSA are deductible for AGI
and earnings on funds in account are not taxable – Deductible contributions are limited to the sum of the
monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of:
• The annual deductible under a high deductible plan or • $3,000 for self-only ($5,950 for family coverage) in 2009
– Withdrawals from HSA are excludible to the extent used for qualified medical expenses
• Used in conjunction with a high deductible medical insurance policy– Employee contributions to HSA are deductible for AGI
and earnings on funds in account are not taxable – Deductible contributions are limited to the sum of the
monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of:
• The annual deductible under a high deductible plan or • $3,000 for self-only ($5,950 for family coverage) in 2009
– Withdrawals from HSA are excludible to the extent used for qualified medical expenses
C16-C16-9191Taxation of Business EntitiesTaxation of Business Entities
Taxes(slide 1 of 4)
Taxes(slide 1 of 4)
• State, local, and foreign income and real property taxes are deductible in the year paid
• State and local personal property taxes based on value (ad valorem) are deductible in the year paid
• State, local, and foreign income and real property taxes are deductible in the year paid
• State and local personal property taxes based on value (ad valorem) are deductible in the year paid
C16-C16-9292Taxation of Business EntitiesTaxation of Business Entities
Taxes(slide 2 of 4)
Taxes(slide 2 of 4)
• Other taxes such as FICA, excise, etc., are not deductible– May be deductible if incurred in business or
production of income activity
• Fees are not deductible as tax
• Other taxes such as FICA, excise, etc., are not deductible– May be deductible if incurred in business or
production of income activity
• Fees are not deductible as tax
C16-C16-9393Taxation of Business EntitiesTaxation of Business Entities
Taxes(slide 3 of 4)
Taxes(slide 3 of 4)
• A new provision allows homeowners to deduct their real estate taxes even if they do not itemize– Applies to 2008 and 2009 income tax returns– Property tax paid is treated as an additional standard
deduction amount• Limited to $1,000 for married couples filing jointly and $500
for other filers
• Real estate taxes for year property is sold must be apportioned between the buyer and the seller– Failure to correctly apportion requires offsetting
adjustments to seller’s amount realized and buyer’s adjusted basis
• A new provision allows homeowners to deduct their real estate taxes even if they do not itemize– Applies to 2008 and 2009 income tax returns– Property tax paid is treated as an additional standard
deduction amount• Limited to $1,000 for married couples filing jointly and $500
for other filers
• Real estate taxes for year property is sold must be apportioned between the buyer and the seller– Failure to correctly apportion requires offsetting
adjustments to seller’s amount realized and buyer’s adjusted basis
C16-C16-9494Taxation of Business EntitiesTaxation of Business Entities
Taxes(slide 4 of 4)
Taxes(slide 4 of 4)
• Can elect to deduct either state & local income taxes or sales/use taxes– For state and local income taxes, deduct amounts paid during year:
• Amounts withheld• Estimated tax payments• Amounts paid in current year for prior year’s liability
– For sales/use taxes, deduct either:• Actual sales/use tax payments or • Amount from an IRS table
– Table amount may be increased by sales tax paid on certain specific items (e.g., Purchase of motor vehicles, boats, etc.)
• If deduction is taken for sales/use taxes paid rather than state income taxes, the new standard deduction for qualified motor vehicle taxes allowed under ARRTA of 2009 may not also be taken
• Can elect to deduct either state & local income taxes or sales/use taxes– For state and local income taxes, deduct amounts paid during year:
• Amounts withheld• Estimated tax payments• Amounts paid in current year for prior year’s liability
– For sales/use taxes, deduct either:• Actual sales/use tax payments or • Amount from an IRS table
– Table amount may be increased by sales tax paid on certain specific items (e.g., Purchase of motor vehicles, boats, etc.)
• If deduction is taken for sales/use taxes paid rather than state income taxes, the new standard deduction for qualified motor vehicle taxes allowed under ARRTA of 2009 may not also be taken
C16-C16-9595Taxation of Business EntitiesTaxation of Business Entities
Interest ExpenseInterest Expense
• Deduction of interest expense is limited to:– Interest on qualified student loans– Investment interest – Qualified residence (home mortgage) interest– Business interest
• Personal interest expense is not deductible
• Deduction of interest expense is limited to:– Interest on qualified student loans– Investment interest – Qualified residence (home mortgage) interest– Business interest
• Personal interest expense is not deductible
C16-C16-9696Taxation of Business EntitiesTaxation of Business Entities
Interest on Qualified Education Loans
Interest on Qualified Education Loans
• Deductible for AGI, subject to limits– Maximum deduction is $2,500 per year – Deduction is phased out for taxpayers with
modified AGI (MAGI) between $60,000 and $75,000 ($120,000 and $150,000 on joint returns)
– Not allowed for those claimed as a dependent or for married filing separate returns
• Deductible for AGI, subject to limits– Maximum deduction is $2,500 per year – Deduction is phased out for taxpayers with
modified AGI (MAGI) between $60,000 and $75,000 ($120,000 and $150,000 on joint returns)
– Not allowed for those claimed as a dependent or for married filing separate returns
C16-C16-9797Taxation of Business EntitiesTaxation of Business Entities
Investment Interest(slide 1 of 5)
Investment Interest(slide 1 of 5)
• Investment interest on loans whose proceeds are used to purchase investment property may be deductible– e.g., Investment property may include stock, bonds, and
land held for investment• Deduction of investment interest expense is
limited to net investment income
• Investment interest on loans whose proceeds are used to purchase investment property may be deductible– e.g., Investment property may include stock, bonds, and
land held for investment• Deduction of investment interest expense is
limited to net investment income
C16-C16-9898Taxation of Business EntitiesTaxation of Business Entities
Investment Interest(slide 2 of 5)
Investment Interest(slide 2 of 5)
• Net investment income:– Investment income less investment expenses
• Net investment income:– Investment income less investment expenses
C16-C16-9999Taxation of Business EntitiesTaxation of Business Entities
Investment Interest(slide 3 of 5)
Investment Interest(slide 3 of 5)
• Investment income:– Gross income from interest, dividends,
annuities, and royalties not derived from business
– Net capital gains and qualified dividends are treated as investment income only if elected
• Amount elected as investment income is not eligible for the 15%/0% rates that otherwise apply to net capital gain and qualifying dividends
• Investment income:– Gross income from interest, dividends,
annuities, and royalties not derived from business
– Net capital gains and qualified dividends are treated as investment income only if elected
• Amount elected as investment income is not eligible for the 15%/0% rates that otherwise apply to net capital gain and qualifying dividends
C16-C16-100100Taxation of Business EntitiesTaxation of Business Entities
Investment Interest(slide 4 of 5)
Investment Interest(slide 4 of 5)
• Investment expenses:– All expenses (other than interest) directly
related to investment income that are allowed as a deduction
– Application of 2% AGI floor for some investment expenses must be considered in computing amount of net investment income
• Investment expenses:– All expenses (other than interest) directly
related to investment income that are allowed as a deduction
– Application of 2% AGI floor for some investment expenses must be considered in computing amount of net investment income
C16-C16-101101Taxation of Business EntitiesTaxation of Business Entities
Investment Interest(slide 5 of 5)
Investment Interest(slide 5 of 5)
• Investment interest not used in current year due to limitation is carried forward to future years until ultimately used– Deductibility subject to net investment income
limitation in carryover years
• Investment interest not used in current year due to limitation is carried forward to future years until ultimately used– Deductibility subject to net investment income
limitation in carryover years
C16-C16-102102Taxation of Business EntitiesTaxation of Business Entities
Qualified Residence Interest (slide 1 of 4)
Qualified Residence Interest (slide 1 of 4)
• Interest on indebtedness secured by the principal residence and one other residence (qualified residences)
• Interest must be on acquisition or home equity indebtedness
• Interest on indebtedness secured by the principal residence and one other residence (qualified residences)
• Interest must be on acquisition or home equity indebtedness
C16-C16-103103Taxation of Business EntitiesTaxation of Business Entities
Qualified Residence Interest (slide 2 of 4)
Qualified Residence Interest (slide 2 of 4)
• Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences– Interest paid on aggregate acquisition
indebtedness of $1 million or less ($500,000 for married filing separate) is deductible as qualified residence interest
• Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences– Interest paid on aggregate acquisition
indebtedness of $1 million or less ($500,000 for married filing separate) is deductible as qualified residence interest
C16-C16-104104Taxation of Business EntitiesTaxation of Business Entities
Qualified Residence Interest (slide 3 of 4)
Qualified Residence Interest (slide 3 of 4)
• Home equity indebtedness: loans secured by qualified residences
• Interest is deductible only on portion of home equity loan that does not exceed the lesser of:– $100,000 ($50,000 for married, filing separate),
or– FMV of home - acquisition indebtedness
• Home equity indebtedness: loans secured by qualified residences
• Interest is deductible only on portion of home equity loan that does not exceed the lesser of:– $100,000 ($50,000 for married, filing separate),
or– FMV of home - acquisition indebtedness
C16-C16-105105Taxation of Business EntitiesTaxation of Business Entities
Qualified Residence Interest (slide 4 of 4)
Qualified Residence Interest (slide 4 of 4)
• Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million
• Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest
• Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million
• Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest
C16-C16-106106Taxation of Business EntitiesTaxation of Business Entities
Interest Paid for Services(slide 1 of 2)
Interest Paid for Services(slide 1 of 2)
• “Points” paid for the use or forbearance of money qualify as deductible interest– Cannot be a service charge if they are to qualify
as deductible interest
• Points generally must be capitalized and amortized over the life of loan
• “Points” paid for the use or forbearance of money qualify as deductible interest– Cannot be a service charge if they are to qualify
as deductible interest
• Points generally must be capitalized and amortized over the life of loan
C16-C16-107107Taxation of Business EntitiesTaxation of Business Entities
Interest Paid for Services(slide 2 of 2)
Interest Paid for Services(slide 2 of 2)
• Exception: Points paid in the acquisition or improvement of personal residence– Entire amount of such points are deductible in
the year paid– Points paid to refinance an existing home
mortgage must be capitalized and amortized over the life of the new loan
• Exception: Points paid in the acquisition or improvement of personal residence– Entire amount of such points are deductible in
the year paid– Points paid to refinance an existing home
mortgage must be capitalized and amortized over the life of the new loan
C16-C16-108108Taxation of Business EntitiesTaxation of Business Entities
Mortgage Insurance PaymentsMortgage Insurance Payments
• Mortgage insurance premiums are deductible as interest if they relate to a qualified residence of the taxpayer– The deduction begins to phase out for taxpayers
with AGI in excess of $100,000 ($50,000 for married taxpayers filing separately)
• Mortgage insurance premiums are deductible as interest if they relate to a qualified residence of the taxpayer– The deduction begins to phase out for taxpayers
with AGI in excess of $100,000 ($50,000 for married taxpayers filing separately)
C16-C16-109109Taxation of Business EntitiesTaxation of Business Entities
Classification of Interest ExpenseClassification of Interest Expense
• Whether interest is deductible for AGI or as an itemized deduction (from AGI) depends on purpose of indebtedness – If related to a business or the production of rent or
royalty income• Interest is deductible for AGI
– If incurred for personal use, such as qualified residence interest
• Deduction is reported on Schedule A, Form 1040 if taxpayer itemizes
• However, interest on a student loan is a deduction for AGI– If the taxpayer incurs debt in relation to his or her
employment• Interest is considered to be personal, or consumer, interest
• Whether interest is deductible for AGI or as an itemized deduction (from AGI) depends on purpose of indebtedness – If related to a business or the production of rent or
royalty income• Interest is deductible for AGI
– If incurred for personal use, such as qualified residence interest
• Deduction is reported on Schedule A, Form 1040 if taxpayer itemizes
• However, interest on a student loan is a deduction for AGI– If the taxpayer incurs debt in relation to his or her
employment• Interest is considered to be personal, or consumer, interest
C16-C16-110110Taxation of Business EntitiesTaxation of Business Entities
Charitable Contributions(slide 1 of 3)
Charitable Contributions(slide 1 of 3)
• Individuals and corporations may deduct contributions made to qualified domestic organizations
• Contributor must have donative intent and expect nothing in return– If contributor receives tangible benefit, the
FMV of such benefit must be deducted from the amount of the contribution
• Individuals and corporations may deduct contributions made to qualified domestic organizations
• Contributor must have donative intent and expect nothing in return– If contributor receives tangible benefit, the
FMV of such benefit must be deducted from the amount of the contribution
C16-C16-111111Taxation of Business EntitiesTaxation of Business Entities
Charitable Contributions(slide 2 of 3)
Charitable Contributions(slide 2 of 3)
• Exception to tangible benefit rule– Allows deduction of 80% of amount paid for
the right to purchase athletic tickets from colleges and universities
• Exception to tangible benefit rule– Allows deduction of 80% of amount paid for
the right to purchase athletic tickets from colleges and universities
C16-C16-112112Taxation of Business EntitiesTaxation of Business Entities
Charitable Contributions(slide 3 of 3)
Charitable Contributions(slide 3 of 3)
• Contribution must be to qualified domestic nonprofit organization or state or possession of U.S. or any subdivisions thereof– Many(but not all) qualified domestic charities
are listed in IRS Publication #78
• Contribution must be to qualified domestic nonprofit organization or state or possession of U.S. or any subdivisions thereof– Many(but not all) qualified domestic charities
are listed in IRS Publication #78
C16-C16-113113Taxation of Business EntitiesTaxation of Business Entities
Contribution of ServicesContribution of Services
• No deduction is allowed for the contribution of services– Unreimbursed expenses related to the services are
deductible
– Out-of-pocket transportation costs or a standard mileage rate of 14 cents per mile are deductible
– Deductions are also permitted for transportation, reasonable expenses for lodging, and the cost of meals while away from home incurred in performing the donated services
• No deduction is allowed for the contribution of services– Unreimbursed expenses related to the services are
deductible
– Out-of-pocket transportation costs or a standard mileage rate of 14 cents per mile are deductible
– Deductions are also permitted for transportation, reasonable expenses for lodging, and the cost of meals while away from home incurred in performing the donated services
C16-C16-114114Taxation of Business EntitiesTaxation of Business Entities
Nondeductible ItemsNondeductible Items
• The following items may not be deducted as charitable contributions:– Dues, fees, or bills paid to country clubs, lodges,
fraternal orders, or similar groups– Cost of raffle, bingo, or lottery tickets– Cost of tuition– Value of blood given to a blood bank– Donations to homeowners associations– Gifts to individuals– Rental value of property used by a qualified charity
• The following items may not be deducted as charitable contributions:– Dues, fees, or bills paid to country clubs, lodges,
fraternal orders, or similar groups– Cost of raffle, bingo, or lottery tickets– Cost of tuition– Value of blood given to a blood bank– Donations to homeowners associations– Gifts to individuals– Rental value of property used by a qualified charity
C16-C16-115115Taxation of Business EntitiesTaxation of Business Entities
Record-Keeping RequirementsRecord-Keeping Requirements
• No deduction is allowed for charitable contributions unless the taxpayer has appropriate documentation and substantiation– The specific type of documentation required depends on
the amount of the contribution and whether the contribution is made in cash or noncash property
– Special rules may apply to gifts of certain types of property (e.g., used automobiles) where Congress has noted taxpayer abuse in the past
• No deduction is allowed for charitable contributions unless the taxpayer has appropriate documentation and substantiation– The specific type of documentation required depends on
the amount of the contribution and whether the contribution is made in cash or noncash property
– Special rules may apply to gifts of certain types of property (e.g., used automobiles) where Congress has noted taxpayer abuse in the past
C16-C16-116116Taxation of Business EntitiesTaxation of Business Entities
Ordinary Income PropertyOrdinary Income Property
• Defined: assets that would produce ordinary income or short-term capital gain if sold
• Contribution amount– FMV of asset less ordinary income (or STCG)
potential; generally the lower of adjusted basis or FMV
• Defined: assets that would produce ordinary income or short-term capital gain if sold
• Contribution amount– FMV of asset less ordinary income (or STCG)
potential; generally the lower of adjusted basis or FMV
C16-C16-117117Taxation of Business EntitiesTaxation of Business Entities
Capital Gain PropertyCapital Gain Property
• Defined: assets that would produce long-term capital gain or Section 1231 gain if sold
• Contribution amount– Generally FMV of asset
• Defined: assets that would produce long-term capital gain or Section 1231 gain if sold
• Contribution amount– Generally FMV of asset
C16-C16-118118Taxation of Business EntitiesTaxation of Business Entities
Charitable ContributionLimitations (slide 1 of 4)
Charitable ContributionLimitations (slide 1 of 4)
• 50% limit– In no case can the charitable contribution
deduction for a year exceed 50% of the taxpayer’s AGI
– Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)
• 50% limit– In no case can the charitable contribution
deduction for a year exceed 50% of the taxpayer’s AGI
– Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)
C16-C16-119119Taxation of Business EntitiesTaxation of Business Entities
Charitable ContributionLimitations (slide 2 of 4)
Charitable ContributionLimitations (slide 2 of 4)
• 30% limit– Charitable contribution deduction for certain
assets cannot exceed 30% of the taxpayer’s AGI• Applies to 30% assets which are:
– Capital gain property for which the contribution amount is FMV
– Certain contributions to private nonoperating foundations
• 30% limit– Charitable contribution deduction for certain
assets cannot exceed 30% of the taxpayer’s AGI• Applies to 30% assets which are:
– Capital gain property for which the contribution amount is FMV
– Certain contributions to private nonoperating foundations
C16-C16-120120Taxation of Business EntitiesTaxation of Business Entities
Charitable ContributionLimitations (slide 3 of 4)
Charitable ContributionLimitations (slide 3 of 4)
• 30% limit– Taxpayer can elect to treat capital gain property
as 50% assets by limiting the amount of such contributions to their adjusted bases
– Referred to as the reduced deduction election• Enables the taxpayer to move from the 30%
limitation to the 50% limitation
• 30% limit– Taxpayer can elect to treat capital gain property
as 50% assets by limiting the amount of such contributions to their adjusted bases
– Referred to as the reduced deduction election• Enables the taxpayer to move from the 30%
limitation to the 50% limitation
C16-C16-121121Taxation of Business EntitiesTaxation of Business Entities
Charitable ContributionLimitations (slide 4 of 4)
Charitable ContributionLimitations (slide 4 of 4)
• 20% limit– Certain contributions of capital gain property to
private nonoperating foundations
• 20% limit– Certain contributions of capital gain property to
private nonoperating foundations
C16-C16-122122Taxation of Business EntitiesTaxation of Business Entities
Charitable Contributions Carryover
Charitable Contributions Carryover
• Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years– When using carryovers, current contributions
are used first, then carryovers used on a FIFO basis
• Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years– When using carryovers, current contributions
are used first, then carryovers used on a FIFO basis
C16-C16-123123Taxation of Business EntitiesTaxation of Business Entities
Example of Charitable Contribution AGI LimitsExample of Charitable
Contribution AGI Limits
• Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University
• 50% limit = $50,000 30% limit = $30,000– Amount of deduction = $50,000 (40,000 cash + 10,000
stock)
– Contribution carryforward = $25,000 stock (as 30% asset)
• Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University
• 50% limit = $50,000 30% limit = $30,000– Amount of deduction = $50,000 (40,000 cash + 10,000
stock)
– Contribution carryforward = $25,000 stock (as 30% asset)
C16-C16-124124Taxation of Business EntitiesTaxation of Business Entities
Miscellaneous Itemized Deductions
Miscellaneous Itemized Deductions
• Some expenditures are deductible only to the extent they exceed 2% of AGI
• Examples include:– Professional dues– Uniforms– Tax return prep fees– Job-hunting costs– Certain investment expenses– Hobby losses– Unreimbursed employee expenses
• Some expenditures are deductible only to the extent they exceed 2% of AGI
• Examples include:– Professional dues– Uniforms– Tax return prep fees– Job-hunting costs– Certain investment expenses– Hobby losses– Unreimbursed employee expenses
C16-C16-125125Taxation of Business EntitiesTaxation of Business Entities
Misc. Itemized Deductions Not Subject to 2% of AGI Floor
Misc. Itemized Deductions Not Subject to 2% of AGI Floor
• Examples include:– Gambling losses to the extent of gambling winnings
– Impairment-related work expenses of a handicapped person
– Deduction for repayment of amounts under a claim of right if more than $3,000
– Unrecovered investment in a annuity contract when annuity ceases by reason of death
• Examples include:– Gambling losses to the extent of gambling winnings
– Impairment-related work expenses of a handicapped person
– Deduction for repayment of amounts under a claim of right if more than $3,000
– Unrecovered investment in a annuity contract when annuity ceases by reason of death
C16-C16-126126Taxation of Business EntitiesTaxation of Business Entities
Overall Limitation on Itemized Deductions (slide 1 of 3)
Overall Limitation on Itemized Deductions (slide 1 of 3)
• Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions– Threshold amount in 2009 is $166,800
($83,400 if married, filing separately)
• Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions– Threshold amount in 2009 is $166,800
($83,400 if married, filing separately)
C16-C16-127127Taxation of Business EntitiesTaxation of Business Entities
Overall Limitation on Itemized Deductions (slide 2 of 3)
Overall Limitation on Itemized Deductions (slide 2 of 3)
• Itemized deductions subject to possible reduction include:– Taxes, home mortgage interest, charitable
contributions, and miscellaneous itemized deductions subject to the 2% of AGI floor
• Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction
• Itemized deductions subject to possible reduction include:– Taxes, home mortgage interest, charitable
contributions, and miscellaneous itemized deductions subject to the 2% of AGI floor
• Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction
C16-C16-128128Taxation of Business EntitiesTaxation of Business Entities
Overall Limitation on Itemized Deductions (slide 3 of 3)
Overall Limitation on Itemized Deductions (slide 3 of 3)
• This overall limitation is being phased out over a four-year period, beginning in 2006
• Limitation is calculated using a 2-step process• Step 1: Amount of reduction is lesser of:
• (AGI – threshold) × 3%, or• 80% × total itemized deductions subject to reduction
• Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved– For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount– For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount
• This overall limitation is being phased out over a four-year period, beginning in 2006
• Limitation is calculated using a 2-step process• Step 1: Amount of reduction is lesser of:
• (AGI – threshold) × 3%, or• 80% × total itemized deductions subject to reduction
• Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved– For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount– For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount
C16-C16-129129Taxation of Business EntitiesTaxation of Business Entities
Adoption Expenses Credit (slide 1 of 2)
Adoption Expenses Credit (slide 1 of 2)
• Credit for qualified adoption expenses incurred in adoption of eligible child– Examples of expenses: adoption fees, court
costs, attorney fees
• Maximum credit is $12,150 (in 2009) – Credit is phased-out ratably for modified AGI
between $182,180 and $222,180
• Credit for qualified adoption expenses incurred in adoption of eligible child– Examples of expenses: adoption fees, court
costs, attorney fees
• Maximum credit is $12,150 (in 2009) – Credit is phased-out ratably for modified AGI
between $182,180 and $222,180
C16-C16-130130Taxation of Business EntitiesTaxation of Business Entities
Adoption Expenses Credit (slide 2 of 2)
Adoption Expenses Credit (slide 2 of 2)
• Eligible child is one that is – Less than 18 years of age, or– Physically or mentally handicapped
• Nonrefundable credit– Excess may be carried forward for five years
• Married taxpayers must file jointly to claim
• Eligible child is one that is – Less than 18 years of age, or– Physically or mentally handicapped
• Nonrefundable credit– Excess may be carried forward for five years
• Married taxpayers must file jointly to claim
C16-C16-131131Taxation of Business EntitiesTaxation of Business Entities
Child Tax Credit (slide 1 of 2)
Child Tax Credit (slide 1 of 2)
• Credit amount is $1,000 per child
• Eligible children are:– Under age 17,– US citizen, and– Claimed as dependent on taxpayer’s tax return
• Credit amount is $1,000 per child
• Eligible children are:– Under age 17,– US citizen, and– Claimed as dependent on taxpayer’s tax return
C16-C16-132132Taxation of Business EntitiesTaxation of Business Entities
Child Tax Credit (slide 2 of 2)
Child Tax Credit (slide 2 of 2)
• Credit is phased out by $50 for each $1,000 of AGI above specified levels– $110,000 for joint filers– $55,000 for married filing separately– $75,000 for single
• Credit is phased out by $50 for each $1,000 of AGI above specified levels– $110,000 for joint filers– $55,000 for married filing separately– $75,000 for single
C16-C16-133133Taxation of Business EntitiesTaxation of Business Entities
Child and Dependent Care Credit
(slide 1 of 4)
Child and Dependent Care Credit
(slide 1 of 4)
• General qualifications for credit– Must have employment related care costs for a
• Dependent under age 13, or
• Dependent or spouse who is physically or mentally incapacitated and who lives with the taxpayer for more than one-half of the year
• General qualifications for credit– Must have employment related care costs for a
• Dependent under age 13, or
• Dependent or spouse who is physically or mentally incapacitated and who lives with the taxpayer for more than one-half of the year
C16-C16-134134Taxation of Business EntitiesTaxation of Business Entities
Child and Dependent Care Credit
(slide 2 of 4)
Child and Dependent Care Credit
(slide 2 of 4)
• Credit amount– Eligible care costs x applicable percentage– Applicable percentage ranges from 20% to 35%
depending on AGI
• Married taxpayers must file a joint return to obtain credit
• Credit amount– Eligible care costs x applicable percentage– Applicable percentage ranges from 20% to 35%
depending on AGI
• Married taxpayers must file a joint return to obtain credit
C16-C16-135135Taxation of Business EntitiesTaxation of Business Entities
Child and Dependent Care Credit
(slide 3 of 4)
Child and Dependent Care Credit
(slide 3 of 4)
• Eligible care costs defined– Costs for care of qualified individual within
taxpayer’s home or outside home• If outside home, handicapped dependent or spouse
must spend at least 8 hours a day within taxpayer’s home
– Amount of costs that qualify is the lesser of actual costs or $3,000 for one qualified individual, and $6,000 for two or more qualified individuals
• Eligible care costs defined– Costs for care of qualified individual within
taxpayer’s home or outside home• If outside home, handicapped dependent or spouse
must spend at least 8 hours a day within taxpayer’s home
– Amount of costs that qualify is the lesser of actual costs or $3,000 for one qualified individual, and $6,000 for two or more qualified individuals
C16-C16-136136Taxation of Business EntitiesTaxation of Business Entities
Child and Dependent Care Credit
(slide 4 of 4)
Child and Dependent Care Credit
(slide 4 of 4)
• Earned income limitation– Amount of eligible care costs cannot exceed
lower of taxpayer’s or spouse’s earned income– Full-time student or disabled taxpayer or
spouse are deemed to have earned income up to maximum per month limits
• Earned income limitation– Amount of eligible care costs cannot exceed
lower of taxpayer’s or spouse’s earned income– Full-time student or disabled taxpayer or
spouse are deemed to have earned income up to maximum per month limits
C16-C16-137137Taxation of Business EntitiesTaxation of Business Entities
Education Tax Credits(slide 1 of 5)
Education Tax Credits(slide 1 of 5)
• 2 education tax credits are available– American Opportunity credit (previously known as the
Hope scholarship credit)– Lifetime learning credit
• Both nonrefundable credits are available for qualifying tuition and related expenses– Books and other course materials are eligible for the
American Opportunity credit (but not the lifetime learning credit)
– Room and board are ineligible for both credits
• 2 education tax credits are available– American Opportunity credit (previously known as the
Hope scholarship credit)– Lifetime learning credit
• Both nonrefundable credits are available for qualifying tuition and related expenses– Books and other course materials are eligible for the
American Opportunity credit (but not the lifetime learning credit)
– Room and board are ineligible for both credits
C16-C16-138138Taxation of Business EntitiesTaxation of Business Entities
Education Tax Credits(slide 2 of 5)
Education Tax Credits(slide 2 of 5)
• Maximum credits– American Opportunity credit maximum per eligible
student is $2,500 per year for first 4 years of postsecondary education
• 100% of the first $2,000 of tuition expenses plus 25% of the next $2,000 of tuition expenses
– Lifetime learning credit maximum per taxpayer is 20% of qualifying expenses (up to $10,000 per year in 2009)
• Cannot be claimed in same year the American Opportunity credit is claimed
• Maximum credits– American Opportunity credit maximum per eligible
student is $2,500 per year for first 4 years of postsecondary education
• 100% of the first $2,000 of tuition expenses plus 25% of the next $2,000 of tuition expenses
– Lifetime learning credit maximum per taxpayer is 20% of qualifying expenses (up to $10,000 per year in 2009)
• Cannot be claimed in same year the American Opportunity credit is claimed
C16-C16-139139Taxation of Business EntitiesTaxation of Business Entities
Education Tax Credits(slide 3 of 5)
Education Tax Credits(slide 3 of 5)
• Eligible individuals include taxpayer, spouse, and taxpayer’s dependents
• To be eligible for American Opportunity credit, student must take at least 1/2 of full-time course load– No such requirement for lifetime learning credit
• Eligible individuals include taxpayer, spouse, and taxpayer’s dependents
• To be eligible for American Opportunity credit, student must take at least 1/2 of full-time course load– No such requirement for lifetime learning credit
C16-C16-140140Taxation of Business EntitiesTaxation of Business Entities
Education Tax Credits(slide 4 of 5)
Education Tax Credits(slide 4 of 5)
• Both education credits are subject to income limitations, which differ for 2009 and 2010– In addition, 40% of the American Opportunity credit is refundable
and the entire credit allowed may be used to offset a taxpayer’s AMT liability
• The lifetime learning credit is neither refundable nor an AMT liability offset
• The American Opportunity credit is phased out, beginning when the taxpayer’s modified AGI reaches $80,000 ($160,000 for married taxpayers filing jointly)– The credit is completely eliminated when modified AGI reaches
$90,000 ($180,000 for married taxpayers filing jointly)
• Both education credits are subject to income limitations, which differ for 2009 and 2010– In addition, 40% of the American Opportunity credit is refundable
and the entire credit allowed may be used to offset a taxpayer’s AMT liability
• The lifetime learning credit is neither refundable nor an AMT liability offset
• The American Opportunity credit is phased out, beginning when the taxpayer’s modified AGI reaches $80,000 ($160,000 for married taxpayers filing jointly)– The credit is completely eliminated when modified AGI reaches
$90,000 ($180,000 for married taxpayers filing jointly)
C16-C16-141141Taxation of Business EntitiesTaxation of Business Entities
Education Tax Credits(slide 5 of 5)
Education Tax Credits(slide 5 of 5)
• The lifetime learning credit amount is phased out when modified AGI reaches $50,000 ($100,000 for MFJ)– The credit is completely eliminated when AGI reaches
$60,000($120,000 for MFJ)
• Taxpayers are prohibited from receiving a double tax benefit associated with qualifying educational expenses– Can’t claim education credit and deduct the same expenses– Can’t claim the credit for amounts that are excluded from income
• e.g., scholarships, employer-paid educational assistance
– May claim an education tax credit and exclude from gross income amounts distributed from a Coverdell Education Savings Account as long as the distribution is not used for the same expenses for which the credit is claimed
• The lifetime learning credit amount is phased out when modified AGI reaches $50,000 ($100,000 for MFJ)– The credit is completely eliminated when AGI reaches
$60,000($120,000 for MFJ)
• Taxpayers are prohibited from receiving a double tax benefit associated with qualifying educational expenses– Can’t claim education credit and deduct the same expenses– Can’t claim the credit for amounts that are excluded from income
• e.g., scholarships, employer-paid educational assistance
– May claim an education tax credit and exclude from gross income amounts distributed from a Coverdell Education Savings Account as long as the distribution is not used for the same expenses for which the credit is claimed
C16-C16-142142Taxation of Business EntitiesTaxation of Business Entities
Earned Income Credit (slide 1 of 3)
Earned Income Credit (slide 1 of 3)
• General qualifications for credit– Must have earned income from being an
employee or self-employed – For 2009 and 2010, ARRTA of 2009 increases
• Credit percentage for families with three or more children, and
• Increases the phaseout threshold amounts for married taxpayers filing joint returns
• General qualifications for credit– Must have earned income from being an
employee or self-employed – For 2009 and 2010, ARRTA of 2009 increases
• Credit percentage for families with three or more children, and
• Increases the phaseout threshold amounts for married taxpayers filing joint returns
C16-C16-143143Taxation of Business EntitiesTaxation of Business Entities
Earned Income Credit (slide 2 of 3)
Earned Income Credit (slide 2 of 3)
• Credit amount (2009 tax year)– Applicable percentage rate × earned income
• Rate and maximum amount of earned income determined by number of qualifying children
• Phase-out of credit begins when earned income (or AGI) exceeds $21,420 for MFJ with qualifying child ($16,420 for other taxpayers)
• Use IRS tables to calculate exact credit amount
• Credit amount (2009 tax year)– Applicable percentage rate × earned income
• Rate and maximum amount of earned income determined by number of qualifying children
• Phase-out of credit begins when earned income (or AGI) exceeds $21,420 for MFJ with qualifying child ($16,420 for other taxpayers)
• Use IRS tables to calculate exact credit amount
C16-C16-144144Taxation of Business EntitiesTaxation of Business Entities
Earned Income Credit (slide 3 of 3)
Earned Income Credit (slide 3 of 3)
• Credit for taxpayers having no children– Taxpayers aged 25 through 64
• Credit amount for couple filing jointly with no qualifying children (2009 tax year)– 7.65% × earned income (up to $5,970)– Phase-out of credit begins when earned income
(or AGI) exceeds $12,470 for MFJ ($7,470 for others)
• Credit for taxpayers having no children– Taxpayers aged 25 through 64
• Credit amount for couple filing jointly with no qualifying children (2009 tax year)– 7.65% × earned income (up to $5,970)– Phase-out of credit begins when earned income
(or AGI) exceeds $12,470 for MFJ ($7,470 for others)
C16-C16-145145Taxation of Business EntitiesTaxation of Business Entities
Recovery Rebate Credit (slide 1 of 2)Recovery Rebate Credit (slide 1 of 2)
• The Economic Stimulus Act of 2008 provides a refundable tax credit for certain taxpayers– The Treasury Department issued rebate checks
to taxpayers in the spring of 2008 to help stimulate the economy
• The credit includes two components—a basic credit and a qualifying child credit
• The Economic Stimulus Act of 2008 provides a refundable tax credit for certain taxpayers– The Treasury Department issued rebate checks
to taxpayers in the spring of 2008 to help stimulate the economy
• The credit includes two components—a basic credit and a qualifying child credit
C16-C16-146146Taxation of Business EntitiesTaxation of Business Entities
Recovery Rebate Credit (slide 2 of 2)Recovery Rebate Credit (slide 2 of 2)
• Eligible individuals received a basic credit equal to the greater of:– The taxpayer’s net income tax liability up to a maximum of $600
($1,200 in the case of a joint return), or– $300 ($600 for joint returns) if the individual had:
• At least $3,000 of earned income (plus Social Security benefits), or• Net income tax liability of at least $1 and gross income greater than
the sum of the applicable basic standard deduction amount and one personal exemption (two personal exemptions for a joint return)
• If an individual is eligible for any amount of the basic credit, the individual also may have received a qualifying child credit of $300 for each qualifying child (defined in the same manner as for the child tax credit)
• Eligible individuals received a basic credit equal to the greater of:– The taxpayer’s net income tax liability up to a maximum of $600
($1,200 in the case of a joint return), or– $300 ($600 for joint returns) if the individual had:
• At least $3,000 of earned income (plus Social Security benefits), or• Net income tax liability of at least $1 and gross income greater than
the sum of the applicable basic standard deduction amount and one personal exemption (two personal exemptions for a joint return)
• If an individual is eligible for any amount of the basic credit, the individual also may have received a qualifying child credit of $300 for each qualifying child (defined in the same manner as for the child tax credit)
C16-C16-147147Taxation of Business EntitiesTaxation of Business Entities
Making Work Pay CreditMaking Work Pay Credit
• In 2009 and 2010, the ARRTA of 2009 includes a refundable income tax credit of up to $400 ($800 for MFJ)– Calculated at a rate of 6.2% of earned income– Phases out at a rate of 2% of modified AGI
above $75,000 ($150,000 for MFJ)
• Most receive this refundable credit in their paychecks as a reduction in withholding
• In 2009 and 2010, the ARRTA of 2009 includes a refundable income tax credit of up to $400 ($800 for MFJ)– Calculated at a rate of 6.2% of earned income– Phases out at a rate of 2% of modified AGI
above $75,000 ($150,000 for MFJ)
• Most receive this refundable credit in their paychecks as a reduction in withholding
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If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact:
Dr. Donald R. Trippeer, CPA [email protected]
SUNY Oneonta
If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact:
Dr. Donald R. Trippeer, CPA [email protected]
SUNY Oneonta