Chapter 6 - Deductions and Credits Flashcards

1
Q

What is section 62?

A

Deductions for AGI

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2
Q

Items that are classify as deduction for AGI?

A
  1. Trade or business expense
  2. Deduction for payment of alimony
  3. Deduction for part of self-employment tax paid by a self-employed taxpayer.(50% can be deducted)
  4. Deduction for medical insurance premiums paid by a self-employed taxpayer for coverage of spouse, and any dependents. (deduct to extent you have income)
  5. Certain contributions to pension, profit sharing, and annuity plans of self employed individuals.
  6. Deduction for certain retirement savings allowed by section 219 (only contribution to traditional IRA, Limited to 5,500 contribution and deduction)
  7. Deduction for moving expenses. (deduct the difference between expense and reimbursed amount.
  8. Interest paid on student loans
  9. Qualified tuition and related expenses under section 222. (take a tax credit or get a deduction)
  10. The deduction up to $250 for teacher supplies for elementary and secondary school teachers.
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3
Q

What is itemized deduction?

A

From AGI deduction, if not classify as for AGI then it is classify as itemized deduction.

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4
Q

What is section 212 expense?

A

Allows deductions for ordinary and necessary expenses paid or incurred by an individual under (3) conditions. Can deduct as itemized.

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5
Q

What are the (3) conditions to deduct ordinary and necessary expense under section 212 as itemized deductions?

A
  1. The production or collection of income. (investment fees)
  2. The management, conservation, or maintenance of property held for the production of income.
  3. Expenses paid in connection with the determination, collection, or refund of any tax. ( tax preparation fee, CPA, some subj to limitation)
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6
Q

List 2 deductions for AGI in section 212.

A
  1. Expenses related to rent and royalty income
  2. Expenses paid in connection with the determination, collection, or refund of taxes related to the income of sole proprietorship, rents and royalties, or farming operations.
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7
Q

Deductible personal expenses as iteminzed

A

Include charitable contribution, medical expenses, certain state and local taxes the greater of state or sales taxes paid, personal casualty losses (subtract $100 per casualty, excess of 10% AGI)
certain personal interest.

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8
Q

Trade or Business Expense and Production of Income Expense

A

Section 162 state that you can deduct ordinary and necessary expenses generally for AGI “sch c”

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9
Q

Section 162 excludes the following items from classification as trade or business expense

A
  1. Charitable contributions or gifts
  2. Illegal bribes and kickbacks and certain treble damage payments.
  3. Fines and penalties (for violation of gov. law)
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10
Q

To deduct business expense the expense must be?

A

ordinary, necessary, and reasonable

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11
Q

What is an ordinary expense?

A

Expense that some other business in same industry is expected to incur

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12
Q

What is an necessary expense?

A

Expense that are both helpful and appropriate to run the business.

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13
Q

Reasonableness requirement

A

Commonly dealing with compensations of executives. Business expense to be ordinary and necessary, it must also be a reasonable amount. Expense related to travel and meals that most people tend to take advantage of.

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14
Q

Business and Non-business Losses

A

Most business loss are deductible. if you are a passive owner (not actively managing the business) you may not deduct your losses. Also allowed to deduct losses that are the result of casualty.

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15
Q

Personal casualty losses are subject to?

A

damages less insurance reimburse are then reduced by $100 per casualty, and the total personal casualty loss is reduce by 10% of AGI. (Certain losses not compensated by insurance company can be deducted).

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16
Q

What kind of deduction is a personal casualty loss?

A

itemized deduction

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17
Q

Form 1040, Page 1

A

Income from all sources
Less: Deductions for AGI (from list)
Equals: AGI

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18
Q

Form 1040, Page 2

A

AGI
Less: Std Deduction or itemized deductions
Less: Exemptions
Equals: TI

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19
Q

Schedule A

A
Itemized deductions
Medical expense
taxes
interest
charitable contributions
casualty loss
misc itemized deductions
Equal: Total itemized deductions
20
Q

Schedule B

A

Interest and Dividends

21
Q

Schedule C

A

Business Income

22
Q

Schedule D

A

Capital gains and Losses

23
Q

Schedule E

A

Rent, Royalties, etc.

24
Q

Schedule F

A

Farm Income

25
Q

Public policy limitation, justification for denying deductions.

A

What government say is legal and illegal. If government does not allow an action, then IRS will not allow deduction based on action.

26
Q

Deductions are disallowed for certain specific type of expenditures

A
  1. Bribes, kickbacks, and treble

2. Fine and penalties paid to a government for violation of the law

27
Q

Treble payment deductions

A

1/3 is deductible (ex. payment of 1,000. court triple payment to 3,000)

28
Q

Legal expenses incurred in defense of civil or criminal penalties

A

If expense was related to a trade or business, rent and royalties, deduct for AGI. If expense was related to an effort to collect income then it is an itemized deduction (legal fee). Personal legal expenses are not deductible

29
Q

Deductible legal expenses associated with the following are deductible for AGI

A
  1. Ordinary and necessary exp incurred in connection with a trade or business.
  2. Ordinary and necessary exp incurred in conjunction with rental or royalty property held for production of income.
30
Q

Expenses relating to an illegal business

A

Report all ordinary and necessary expenses relating to illegal business. Exception, drug dealers are only allow to deduct COGS.

31
Q

Lobbying expenditures

A

Lobbying expense are not allowed. Contribution to a lobbyist or being a lobbyist is not deductible.

32
Q

Egret Company pays 10,000 annual membership fee o the free trade group, a trade associated for plumbing wholesalers. The trade association estimates that 70% of its due are allocated to lobbying activities.

A

The portion going into the non-lobbying activities is deductible. 10,000 * 30% = 3,000

33
Q

Excessive executive compensation

A

IRS monitor this and corp return must list out all names and amount. Plus limitation to avoid excessive.

34
Q

What is start up cost vs organization cost?

A

Start up cost is cost incur to look up weather to start a business (land survey, market). Organization cost is cost to organize the company (lawyer fees)

35
Q

Are start up cost deductible if taxpayer is entering into the same business?

A

Yes, it is deductible whether or not the taxpayer opens the business.

36
Q

Are start up cost deductible if taxpayer is entering into a new line of business?

A

If taxpayer open the business, they can elect to expense up to 5,000 of start up cost. The remaining is amortized over 15 years (180 months). If start up cost is > 50,000. then 5,000 is reduced by the difference over 50,000. If taxpayer does not open the business then it is not deductible.

37
Q

Tina owns and operates 10 restaurants located in various cities throughout the southeast. She travels to Atlanta to discuss the acquisition of an auto dealership. In addition, she incurs legal and accounting costs associated with the potential acquisition. After incurring total investigation costs of 52,000, she acquires the auto dealership on Oct 1,2013

A
  1. 52,000-50,000 = 2,000
  2. 5,000 - 2,000 = 3,000 to expense
  3. 52,000 - 3,000 expense = 49,000 left to amortize over 180 months.
  4. 49,000 / 180 months * 3 month = 817
  5. total expense = 3,000 + 817 = 3817
    2014:
38
Q

Distinguish the difference between a hobby and a business

A

hobby is something you do for pleasure, fun, and fulfillment. A business is profit operating business. Cannot deduct hobby losses only business losses. (entity has been profitable 3 of last 5 years, 2 of last 7 years relating to horses.

39
Q

General rules of hobby losses

A

treated case by case “fact and circumstances” . if an individual can show that an activity has been conducted with the intent to earn a profit, losses from the activity are fully deductible.

40
Q

Rental of vacation homes

A

Deduction depend on number of days rental and number of days used for personal purposes.

41
Q

Primarily personal use

A

If residence is rented for less than 15 days, do not include as rental income. cannot deduct any expenses.

42
Q

Primarily rental use

A

rented for 15 days or more and use personally no more than the greater of 1)14 days or 2) 10 percent of total days rented. would be rental income and report all expenses and possibility to deduct as rental loss.

43
Q

Personal/Rental use

A

rented for 15 days or more and is used for personal purposes for more than the greater of 1) 14 days or 2) 10 percent of the total days rented. Expense is allocated between personal days and rental days. If not able to deduct loss. then carryover next year. % rented, % use personally cannot create a loss. same concept as hobby expense.

44
Q

Expenditures incurred for taxpayer’s benefit or taxpayer’s obligation

A

Only deduct expense incur for your benefit. exception to this disallowance rule is the payment of medical expenses for a dependent.

45
Q

Disallowance of personal expenditures

A

You are not allowed to deduct for personal, living, or family expenses. Only specific item granted by the IRS.

46
Q

Disallowance of deductions for capital expenditures

A

Asset get capitalize, subject to depreciation expense over time.

47
Q

Substantiation requirements

A

You must provide some type of support (documents) or it is a fraud. This relates to all deductions you report.