Chapter 8 Flashcards
Itemized Deductions for Individuals.
Personal expenses versus expenses incurred in the course of conducting business.
Generally expenses incurred in the course of conducting business are all deductible, most expenses incurred personally are not (unless otherwise stated by the IRS).
Medical & Dental Personal Deduction
Medical & Dental - Medical expenses can be deducted only to the extent that unreimbursed medical expenses exceed 10 percent of adjusted gross income for the year.
If a taxpayer travels away from home primarily to receive essential medical care, a deduction for the taxpayer’s lodging while away from home is allowable up to a limit of $50 per night?
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The following expenses have been accepted by the Internal Revenue Service as qualifying for the medical expense deduction:
- the cost of dentures and orthodontic treatment,
- premiums for part B of Medicare (and also part A for taxpayers not covered by Social Security),
- the cost of guide animals, including hearing aid and seeing eye animals,
- the cost of treatment for alcohol or drug addiction,
- fees for psychiatric care,
- the cost of legal abortions,
- fees of chiropractors, osteopaths, and psychotherapists,
- fees of Christian Science practitioners and for acupuncture for a specific medical treatment,
- medical conference fees,
- the cost of special schools specializing in learning disorders, and
- the cost of eyeglasses, contact lenses, and hearing aids.
The tax law requirements for a qualified long-term care insurance contract currently issued are as follows:
- It must not have a cash value.
- It must be guaranteed renewable.
- It must include a nonforfeiture provision.
Benefits from a LTC Contract are excludable from gross income up to?
For 2018, the per diem limitation is $360/day.
The following types of taxes not incurred in the course of a business or income-producing activity are deductible on Schedule A by individual taxpayers:
- state and local real property taxes,
- state and local personal property taxes,
- state and local income taxes,
- state and local general sales taxes in lieu of state and local income taxes,
- the generation-skipping transfer tax imposed on income distributions, and
- the environmental tax imposed by IRC Sec. 59A.
The Internal Revenue Code provides several categories of interest payments and imposes rules for the deductibility or nondeductibility of each category. The most significant basic categories of interest payments for purposes of this text are as follows:
- interest on indebtedness incurred in the course of a trade or business (“business interest”),
- interest on indebtedness incurred in the course of an activity entered into for profit that is not a business activity (“investment interest”),
- interest on indebtedness incurred in connection with a passive activity (“passive activity interest”),
- certain interest on indebtedness secured by the taxpayer’s residence (“qualified resi- dence interest”), and
- personal interest.
Investment interest income example
Muriel wanted to purchase bonds of the Laramie Corporation, a publicly-traded company that sells western-style fashions. She borrowed $250,000 from her bank last year and used all of the loan proceeds to fund the purchase. This year, Muriel paid $17,500 in interest on the loan. She also received $12,500 of interest income from the Laramie bonds. In addition, Muriel received $3,000 of interest income this year from a money market account. Muriel has no other investment income or investment expenses this year. Muriel’s deduction for investment interest on this year’s tax return would be limited to $15,500, the total of her net investment income ($12,500 + $3,000).
Acquisition indebtedness
The term “acquisition indebtedness” means any indebtedness that: is incurred in acquiring, constructing, or substantially improving a qualified residence, and is secured by such residence.
The maximum amount of acquisition indebtedness for any one taxpayer (including a married couple filing jointly) is $750,000 ($1 million for mortgages entered prior to December 16, 2017).
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Student Loan Deduction
Deductible interest on qualified education loans, also referred to as the “student loan interest deduction,” includes interest payments of up to $2,500 per year per taxpayer for certain loans borrowed for the funding of higher education. The deduction is currently phased out completely for married taxpayers filing jointly with adjusted gross income (subject to certain modifications) in excess of $165,000 and for other taxpayers with AGI in excess of $80,000.
Charitable Deductions
A charitable contribution deduction is allowed for contributions to certain charitable, religious, scientific, educational, and other specified organizations. Deductions may be taken by either individuals or corporations. The deduction by individual taxpayers is allowed only from adjusted gross income. Therefore it may be wise from a tax standpoint for individuals to make charitable contributions only in years in which they have itemized deductions in excess of the standard deduction amount.
Charitable deduction example (rollover of deductions for future years)
Phil Anthropist donates stock worth $25,000 to the Gotham Library. The stock cost Phil $13,000 when he purchased it 4 years ago. Phil’s adjusted gross income is $30,000. His maximum contribution deduction would be $9,000 (30 percent of $30,000). He would be able to carry over the $16,000 balance of the contribution ($25,000 – $9,000) and apply that as a deduction against future income for up to 5 years.
Charitable deductions (AGI RULE)
In general, a contribution of a capital asset to a public charity is deductible up up to 50% of your AGI. To a private charity its only 30% of your AGI. Cash and cash equivalents are deductible up to 60% of AGI for public donations, 30% for private still.
Tangible property donation example (Reduction of cost basis rule)
Denise Donor has an adjusted gross income of $10,000. She contributes a collection
of whaling harpoons for display purposes to the Cape May County Historical Museum (a public charity). The collection cost Denise $6,000, but it was worth $10,000 on the date of contribution. The type of property contributed is tangible personal property. The donee is a public charity, and the gift is use-related to the exempt purposes of the museum. Therefore, Denise can deduct up to 30 percent of her contribution base (AGI), $10,000, or $3,000. She gets credit for the full $10,000 contribution, enabling her to carry over the excess contribution, $7,000, for up to 5 years (subject to the 30 percent rule each year). Alternatively, Denise may elect to reduce the value of her gift by 100 percent of the potential gain, or $4,000 ($10,000–$6,000). Under the election, Denise would have a current deduction of $5,000 (50 percent of adjusted gross income), and the remaining $1,000 ($6,000–$5,000) could be deducted in a later year.
Gifts in Trust
Gifts of a remainder interest either in real property or in trust are deductible only if made in
one of three ways: (1) an annuity trust, (2) a unitrust, or (3) a pooled-income fund.
charitable remainder annuity trust
A charitable remainder annuity trust is a trust designed to permit payment of a fixed amount annually to a noncharitable (income) beneficiary with the remainder going to charity.
If all the necessary tests are met, the donor of a charitable remainder annuity trust will be entitled to an income tax deduction limited to the present value of the remainder interest.
Unitrust
A charitable remainder unitrust, like a charitable remainder annuity trust, is basically designed to permit payment of a periodic sum to a noncharitable beneficiary with a remainder to charity. In addition to allowing additional contributions beyond the initial contribution, the key distinction is in how the periodic sum is computed.
If all the necessary tests are met, the donor of a charitable remainder annuity trust will be entitled to an income tax deduction limited to the present value of the remainder interest.
Pooled-Income Fund
A pooled-income fund is a trust created and maintained by a public charity rather than a private donor.
• The donor must contribute an irrevocable, vested remainder interest to the charitable organization that maintains it.
• The property transferred by each donor must be commingled with the property trans- ferred by other donors.
• The fund cannot invest in tax-exempt securities.
• No donor or income beneficiary can be a trustee.
• The donor must retain a life-income interest for himself or herself or one or more named income beneficiaries.
• Each income beneficiary must be entitled to and receive a pro rata share of the income (annually) based on the rate of return earned by the fund.