2Taxable Income Computation Calculate gross income totaling Line 22 on 1040 – based on filing status (S,MFJ, MFS,HH).Calculate Adjusted Gross Income (AGI)Subtract the greater of:itemized deductions orthe standard deduction (based on filing status)Subtract total personal/dependency exemptionsResult is Taxable Income
3Individual Tax Model – Gross Income / Exclusions General Rule: Gross Income is “Broadly Conceived”: Includes all income subject to taxation unless specifically indicated as not taxable by law.Exclusions include:unrealized gains, gifts, inheritances, welfare type payments, many fringe benefits, returns of capital, Municipal Interest, some US Govt for higher education, life insurance proceeds.Scholarships - excludible ifrecipient is candidate for degree, amount received is not a payment for services, and is used to pay tuition, books, and other similar educational expensesForeign earned Income (Sec. 911) - build U.S. EconomyExclude up to $95,100 of foreign earned income annually plus a housing allowance (exclusion cannot exceed earned incomeIndividual must be a bona fide resident of the foreign country for an entire tax year or be in the foreign country for 11 mos in any 12 month period.
4Individual Tax Model: Special Income Inclusions Annuities: Amount not taxed: Inv. / Expected Return * Pymts RecDeferred Compensation Plans: Defined Contribution Plans, Defined Benefit Plans - Qualified Retirement PlansPrizes and Awards - include FMVSocial Security Benefits - up 85% may be taxedUnemployment compensation is taxableAlimony received is taxable / Child support is not includible but is not deductible either.
5Special RulesDividends (cash and noncash) - FMV of prop received (subject to E& P provisions)Stock dividends generally not taxableDamages - personal (special rules) business damages not excludible.Discharge of indebtedness - generally includible.
6Business versus Investment Business activityTime and talent on regular basisProfit partially attributable to personal involvementIncome is considered earned incomeHobby losses only deductible to extent of hobby income – not a business activityInvestment activityPassive role as owner of income-producing propertyIncome is considered unearned incomeLosses on personal use assets are not deductible – gains from sale are treated as capital assets.
7Gains/Losses on Securities Realization requires a sale or exchangeGain/loss = Proceeds - adjusted basisCharacter is capital - time period mattersBasis issuesreinvested dividends increase basis.Sale of stock uses either specific ID or FIFO method of matching basis with sales.Mutual fund shares sold typically use an average basis.7
8What to do with Capital Gains and Losses SHORT TERM asset held for <= 1 year – gains taxed as ordinary incomeLONG TERM asset held for > 1 yearL/T Gains taxed at lower capital gains tax rate of 15%Net the gains and losses in each class (net ST, net LT, net 28%LT).Special rule for sale of principal residenceExclude only one gain every 2 years.Limits $500,000 MFJ, $250,000 other10
9Deductions for Adjusted Gross Income and AGI Trade/Business Exp from a Sole Proprietorship are reported on Schedule C / or for a rental property are recorded on schedule EStudent Loan interest up to $2500 (Income limits apply)Self Employed Expenses: 50% of SE tax, percentage of health insurance premiums, Keogh and Simple retirement plansIRAs, Moving Expenses, Contributions to MSAsPenalty for early withdrawal of savingsResult of Income less deductions for Adjusted Gross Income –is AGI (very key concept) - many deductions are a function of AGI (e.g., IRA deductions, medical expenses, charitable contributions)Many items of gross income are also a function of AGISocial Security Benefits, Passive Activity Losses
10Itemized Deductions / Personal Losses - a special class of deductions that allow taxpayers to derive tax benefits from certain personal & investment expendituresMedical, Interest (Mortgage/Investment), Taxes (ad valorem/Sales/State Income Tax), Charity, Miscellaneous (Unreimbursed Employee Bus expenses, Investment Expenses, Tax Prep, Casualty losses)Individuals deduct the greater of the standard deduction for his/her filing status or the total of his/her itemized deductions.About 1/3 of all TPs claim itemized deductionsItemized deductions are shown on Form 1040 Schedule A.
11Exemptions Personal exemption for the taxpayer (2 for MFJ). If you are a dependent on someone else’s return, can you still claim yourself?Exemption = $3,900 in 2013 for each personal or dependency exemption.5 Tests for Dependency?
12Rich PeoplePhase-out of itemized deductions – see handout. Haircut 3% of AGI over $300,000Phase-out of exemptions – see handouts, in 2013, MFJ exemptions disallowed if AGI >$425,000 – if less assume fully allowed.
13Tax CreditsA credit is a dollar for dollar reduction in the tax liability. A deduction only reduces the tax by the marginal tax rate associated with that deduction.Child Credit = $1,000 per child in Phases out for rich.Dependent care credit (child < 13 years old). Credit amount between 30% and 20% of child care costs depending on income range.Earned income credit. This is refundable - a transfer payment to working poor. Increases progressivity of tax rates. Credit is higher for taxpayers with children and phases out as income increases.Excess FICA withholding is refunded through a tax return claim.
14Payment and Filing Requirements Taxes on wages are withheld each pay period.Estimated taxes are due on April 15, June 15, September 15, and January 15.Pay 90% of current year tax, 100% of prior year (or 110% of prior year AGI>$150,000).Tax return due 4/15, but may be extended to 8/15 then 10/15 (LAST DATE).
16Taxable Income Taxable income = gross income less allowable deductions Gross income “means all income from whatever source derived.” AKA Broadly Conceived.Deductions are allowed through legislative grace, and include all ordinary and necessary expenses … in carrying on any trade or business.”Good rule of thumb: receipts are taxable UNLESS you can find a law that says it is excluded. Expenses are deductible ONLY if you can find a law that says it is deductible.
17Taxable Year12-month period which generally corresponds to its fiscal year.Individual taxpayers must generally choose a calendar year.Firms generally choose a year = end of an annual operating cycle.Changing tax years requires permission - most common reason is merger of firms with different year-ends.
18Accounting MethodsOverall method by which taxpayers determine their income, deductions and credits, as well as the time realized and recognized. Section 482 grants IRS broad powers to “distribute, apportion, or allocate income” among businesses to CLEARLY REFLECT income of each.CONSISTENTLY APPLIEDEstablish a method by using it in the first tax return.Requires IRS permission to change.
19Cash MethodUnder the cash method, gross income includes cash or property actually RECEIVED during the tax year.Deductions are usually taken in the year cash or property is PAID.Cash method income includes receipt of noncash goodsAnti-abuse provision: Constructive receipt doctrine.Occurs when taxpayer has unrestricted access to and control of the income.NO constructive receipt if the amount is available only on surrender of a valuable right, or if there are substantial limits on the right to receive it.
20Exceptions - Cash Method Cash method - deduct expenses when PAY. A check is payment when mailed.An asset must be capitalized. The cost of the asset may be recovered over the asset life (e.g. depreciation, cost of goods sold). Major repairs may result in IRS dispute regarding expense versus capitalization.Inventory must be accounted for on the accrual method, even for cash basis taxpayers. This is called a HYBRID method of accounting.
21Cash Method Deductions - Prepaid Expenses Where an expense (e.g., rent or an insurance premium) covers more than the following tax year, the deduction must be spread over the period to which the expense applies.However, prepaid interest must be capitalized and deducted over the period for which interest is actually charged even if prepayment < next tax year.Exception - deduct prepaid interest (points) on the purchase of a home. Does not apply to refinancing.
22Accrual Method of Accounting Under the accrual method, report income when the right to the income and the amount of the income can be determined with reasonable accuracy. (REALIZATION)MATCH expenses against revenues. Deduct when ALL EVENTS have occurred that determine the existence of the liability and the amount of the liability can be determined with reasonable accuracy.
23Book-Tax Differences Contrasting principles of conservatism. GAAP - protect shareholders and creditors: don’t overstate book income.Tax - protect government revenues: Don’t understate taxable income. (Contrasting result may arise due to economic incentives - e.g. accelerated depreciation.)
24Book-Tax Permanent Differences Permanent differences do not reverse; Temporary differences reverse over the life of the firm.Examples of permanent differences50% meals and entertainmentpolitical contributionsfines and penaltiesinterest expense to generate tax-exempt municipal bond incomepremiums on life insuranceTax-exempt municipal bond incomeLife insurance proceeds
25Temporary Book-Tax Differences Examples of temporary differences:DepreciationTiming of accrualsCapital lossesBad debts (allowance vs. writeoff)Cash versus accrual accounting
26Accrual Expenses Exceptions Related Party Accruals – Sec. 267The paying party cannot deduct an expense until the year that a receiving party deducts the expense.Prevents accrual basis taxpayers from accruing an expense but delaying payment.
27Sole ProprietorshipBusiness income and expenses are reported on Schedule C, filed with the individual form 1040.Net income or loss on Schedule C is ordinary income or loss; combine this net with other items of gross income.If the Schedule C business loss > other sources of income, the NOL (net operating loss) can be carried back 2 years and forward 20 years.
28Employment TaxesFICA = 6.2%/6.2% Social Security tax (on wages up to $113,700 in 2013) % Medicare tax on all wages. Both employer and employee must pay this tax.Employers withhold income taxes and the employee’s share of FICA.Employers must remit the withheld taxes to the federal (and state if applicable) governments.Self-employed taxpayers must pay SE (self-employment) tax, equal to 2 x FICA, or 15.3% of net earnings from self-employment. (See footnote 20 for details). 1/2 of SE tax is deductible on Form 1040.
29Property Acquisitions and Cost Recovery Deductions
30Expense vs. CapitalizeDeduction permitted for all “ORDINARY AND NECESSARY” business expensesDeduction prohibited for “PERMANENT improvements to increase the value of property”Some types of capitalized costs can be recovered through amortization or depreciation
31Tax Basis Tax basis = unrecovered cost (cost - depreciation). Starting basis generally equals COST basis:original purchase price regardless of whether acquired by debt, orFMV of asset if cost more difficult to measure.Cost recovery ofInventory = cost of goods soldTangible assets = depreciationIntangible assets = amortizationNatural resources = depletion
32DepreciationDepreciation applies to tangible assets (things you can touch versus intangibles like patents, goodwill) that:Lose value over time due to wear and tear, obsolescenceBuildings depreciate even though real estate often increases in value.Have a reasonably ascertainable useful lifeArtwork is not generally depreciable.
33Depreciation MACRS - Modified Accelerated Cost Recovery System Personalty:DDB: 3, 5, 7, 10150% DB:15, 20General rule is half year conventionRealty: SL method: years residential, 39 years non-residential (specialty realty 20, 25, 50)Mid Month convention
34Depreciation Conventions - Personalty Normal is half year conventionAnti-Abuse provision Mid-quarter convention: IF > 40% personalty is acquired during the last quarter of the year, THENCompute depreciation separately for EACH quarter’s acquisition using mid-quarter tables in appendix of chapter 6
35AutomobilesMaximum annual depreciation limit per vehicle, indexed for inflation. ––, 2013 bonus depreciation 50%Compute depreciation per MACRS, then limit above.
36Expensing Election – Section 179 Applies to tangible personalty. May expense $500,000 of assets purchased in 13 – also 50% bonus depreciation for 2013.Expense cannot create a business loss.Expense reduced $ for $ by purchases > $2,000,000.Reduces recordkeeping, benefit for small businessesPlanning - if buy a 3-year, 5-year and 7-year asset, which one should you expense?
37Amortization of Intangibles Generally requires a determinable useful life.Organizational costs are amortizable straight line method over 180 months – first 5K generally deductible immediately.Start-up costs are also amortizable straight line method over 180 months - some exceptions.Expansion costs may be currently deductible.
38Leasehold Costs and Improvements Cost of acquiring lease is amortized over the period of lease.Improvements to leased property are capitalized and depreciated according to type of property.
39Purchased Intangibles Allocate lump-sum price to assets by relative FMVs.Residual = goodwill.Tax = 15 years SLGAAP = 40 years pre No GAAP amortization post evaluate for impairment annually. Book-tax difference is permanent post-2001.
41Realized Gain or Loss Amount realized on disposition MINUS adjusted basis of property (e.g. cost - accumulated tax depreciation = “NBV”)= Realized gain or loss.GENERALLY, realized (economic) gains and losses on disposition are recognized (result in taxable income or deductions) unless there is a specific exception. See Chapter 8.Unrealized (mere appreciation or decline in value) gains and losses are neither realized nor recognized.
42Amount Realized Cash received FMV of any property received, including buyer’s noteRelief of debt. AP3.Reduce the amount realized by selling costs such as sales commissions, broker fees.No adjustment for “inflationary gains.”
43Installment Sale Method Permits deferral of gain recognition until cash is received on the sale.Gain recognized this year = (cash this year) x (total gain / total sales price).Not allowed for sales of publicly traded stock or for inventory, or to delay recognition of depreciation recapture.Financial accounting uses accrual accounting, so installment sales method for tax creates a temporary book-tax difference.
44Related Party Losses Relative: family = spouse, sibling, ancestors, lineal descendants Q1050% controlled corporationsLosses realized on sale of property between related parties are NONdeductible.Future gain (but NOT loss) by relative can be offset by disallowed loss.
45Character of Gain or Loss - Overview Tax or deductat ordinary ratesOrdinaryDepr. Recaptnet 1231 loss5-yr lookbackSection1231net gainnet 1231 gainNet capital gains and losses: Individual may deduct $3000 net loss. Net LT gain taxed at lower rates.Capital
46Section 1231 AssetsReal or depreciable property used in a trade or business. Q1GENERAL rule.Net Section 1231 gains and lossesIF NET GAIN => add to capital gains and losses. Result is possible lower tax rate on 1231 net gains.IF NET LOSS => add to ordinary gains and losses. Can also offset salary, interest, dividends, etc. Result is ordinary rate benefit of 1231 net losses.
47Depreciation Recapture Gain on each separate asset may be subject to depreciation recapture.Depreciation recapture does NOT apply if the asset is sold at a loss, nor can it increase the amount of the gain.For sales of depreciable personalty and amortizable intangibles, the gain is characterized as ordinary up to the amount of accumulated depreciation.Why? because depreciation has resulted in prior deductions at ordinary rates.
48Depreciation Recapture REALTY:Special rules apply to pre-1986 depreciation on accelerated methods: most of this property is fully depreciated, so rules seldom apply.Corporations must recapture 20% of amount that would have been ordinary had it been personalty (lesser of gain or depreciation).Individuals treat lesser of gain or depreciation as a capital gain subject to a special 25% tax rate - see chapter 15.
49Section 1231 NettingAfter all depreciation recapture, NET the remaining Section1231 gains with Section 1231 losses.If a net loss, treat as an ordinary loss and combine with other ordinary income and losses.If a net gain, then the net gain is treated as a capital gain UNLESS:
50Section 1231 Look Back RuleThe net 1231 gain is treated as ordinary income recapture to the extent of unrecaptured Section 1231 losses during the prior five years.EXAMPLE: Start business in Section 1231 gains and losses.1998 net gain $10 treated as capital.1999 net loss ($15) treated as ordinary.2000 net gain $23 treated as $15 ordinary (recapture 1991) and $8 capital.2001 net loss ($40) treated as ordinary.2002 net gain $6 treated as ordinary. Still have $34 unrecaptured loss from 1993.2003 net gain $50 treated as $34 ordinary, $16 capital.
51At Risk (Sec. 465) and Passive Activities (Sec. 469) Losses in business entities only allowed to the extent that you have sufficient at-risk basis.Disallowed losses under Sec 465 are suspended until sufficient basis exists to take the losses.Once a loss is allowed under Sec. 465, it may further be limited by Sec. 469 if the entity is a passive activity. - general rule for PALS?There are special rules for office-in-home and for rental properties with mixed use (personal v. rental) be sure to check the rules.