Income Flashcards
Gross Income
Any income considered to be taxable unless specifically excluded by the tax law
*Taxable differs from accounting income
Tax Rates
Individuals: 10, 15, 25, 28, 33, 35, 39.6%
Corporations: 15, 25, 34, 35%
Constructive Receipt Rule
- IF amount is readily available
- NO substantial restrictions
- RECORD as income
Assignment of Income
Income is taxed to the individual who earned the income
Claim of Right Doctrine
- Contested income
- Period claim materializes, must include in income
- Later repayment = deduction BUT no influence on income recognition
Tax Benefit Rule
- Include an expense reimbursement in income IF the expense was deducted in a prior period that reduced taxable income
- IF 1040EZ, no benefit, so not included in income
Income - INCLUSIONS (interest)
Interest Income
- municipal interst - NOT taxable (bonds state/local gov’ts, “state obligations”) IF sold at a gain, then TAXABLE… only the interest is excluded
- Prepaid interest - taxed when recieved, even for accrual
- US Treasury notes,/bonds
- Fed/State tax refunds
- Mortgages (oyu’ve extended)
- Series EE Bonds - interest is paid at MATURITY, taxed at maturity (excludes higher education costs for 24yrs or older, spouse, dependent)
Income - INCLUSIONS (Qualified dividends)
Not taxed if you are in the 10-15% tax bracket
*Either at 15 or 20% + 3.8% IF in higher bracket
Qualified - Received from a domestic corp or a foreign corp that is traded on a US stock exchange
- Only to the extent of E&P
- Disribution reduces basis in stock
- Capital gain (after basis = 0)
E.g. distribution 10,000
E/P 4,000
Basis 5,000
10,000 dist. (4,000) e/p 6,000 (5,000) basis Basis = 0 Cap Gain = 1,000
Income - INCLUSIONS (STOCK dividends)
Common - NOT taxable
Preferred - TAXABLE
- Overall basis will stay the same, BUT basis per share will be altered
- MUST be proportionate for ALL shareholders
E.g. (100 shares)
yr 1: $10,000
yr 3: 2 for 1 split (fmv 120)
yr 3: sells 100 ($65/share)
Pre-Split: 10,000/100 = $100/share
Post-Split: 10,000/200 = $50/share
Basis in sold: 100 * $50 = $5,000.00
Inclusions - ALIMONY
Receiver - pays tax Person paying - gets deduciton HAS TO BE: - in cash or via expense payment - contingent on life of recipient**** - required by a writted agreement/decree - CANNOT be specified as something else
Inclusions - CHILD SUPPORT
Receiver - No tax
Person paying - Not deductible
Inclusions - DAMAGES/INSURANCE BENEFITS
Excluded:
*physical injuries, *physical sickness, *worker’s comp, *benefits form accident/health policies, *benefits from disability/ *long term care plans - UNLESS premiums paid by employer; employee did NOT pick up as income, *Medical insurance prem. paid by employer
TAXABLE:
*unemployment, *emotional distress, *discrimination, *injury to reputation, *punitive damages
Inclusions - ANNUITIES
Each payment = part income/ part return of capital
Retirement payout:
expected return? (life expectancy)
- Compute exclusion ratio *stays same
- Once basis = 0, payment is ENTIRELY taxable
- unrecovered cost IS deductible on financial return
EXCLUDED PORTION = [COST OF ANNUITY/EXPECTED RETURN (# of yrs*$/yr)] * PAYMENT/yr
Inclusions - Jury Duty
Includible in Income
**IF paid by the employer during duty, BUT pay from the state is given to the employer
THEN there is a deduction for AGI to offset this income
Exclsuions - Prizes/Awards
FMV - in income EXCLUSION exception: 1. for an achievement 2. No action, no services performed for 3. Paid directly to tax exempt or gov't organization
Exclusions - Gifts/inheritances
Excluded from the income of the recipient
- determined by the intent of the donor
Exclusions - Scholarships
- for tuition, fees, books, supplies
Exclusions - Life Insurance
Due to death, Excluded
Also excluded for some accelerated death benefits
Exclusions - Social Security Benefits
- Generally excluded
- IF provisional income exceeds specific amounts, then it can be taxed up to 85%
Provisional Inc = AGI + Tax Exempt Int + 50% SSB
Joint 32,000 (< NO), 44,000 (= or > ) YES
Single 25,000 (< NO), 34,000 (= or >) YES
In between 50%ish taxable
Exclusions - Forgiveness of Debt
Generally included in income unless a gift
EXCEPTIONS:
- bankruptcy - excluded only to the extent of insolvency
- NO income but you lose other tax benefits such as NOL, credit carryovers, basis (all reduced)
- Insolvency- only to extent of debt are you able to exclude