Individuals Flashcards
Itemized Deductions
Medical and Dental (Must exceed 10% AGI) Taxes Paid Interest Paid Charitable Contributions Casualty and Theft Losses Other Miscellaneous Deductions Job and Employment Related Expenses
See individual Cards for details
Rent rules
Rent is income
Prepaid rent (last months rent), with no restriction as to its use, is income when received regardless of the accounting method used.
Job expenses unreimbursed (2015 travel expense)
Must exceed 2% of AGI
Any surplus cannot be carried forward to a succeeding year
Includes: Unreimbursed employee expenses, Tax prep fees, Other expenses, Education expenses
Deductible only if incurred to maintain or improve skills required for employment
Not deductible of incurred to enter trade /profession even if required by state law and not deductible if insured to meet minimum education requirements of present job.
Interest
Interest Excluded from Gross Income: US EE savings bonds. Most obligations of a state or political subdivision (municipal interest)
Included: Refund on federal tax, interest from US treasury bonds, state income tax refunds.v
Employee Benefits - Group Term Life Insurance
Up to 50K excluded
Exclusion only applies to employee
Death benefits to beneficiaries
If a person is killed (not on the job) and employer pays death benefits included in gross income of the recipient.
All death benefits received by the beneficiaries or the estate of an employee from, or on behalf of, an employer are included in gross income.
Key word is to beneficiaries.
DIVIDENDS RECEIVED on LIFE INSURANCE POLICIES
Dividends are ordinary gross income but dividends on insurance policies are excluded from gross income if CUMULATIVE DIVIDENDS HAVE NOT YET EXCEEDED ACCUMULATED PREMIUMS PAID.
At risk rule
At risk amounts and activities: In general it is the amount of a loss allowable as a deduction is limited to the amount a person has at risk in the activity.
Applies to individuals, partners, members in LLCs
Any losses in excess of the at risk amount are suspended and carried forward without expiration and are deductible against income in future years from that activity.
Claim for refund (statute of limitations)
Must be filed within 3 years from the filing date (April 16) 2 years from the payment of tax, whichever is longer.
Medical and Dental Expenses
Must exceed 10% of AGI (7.5% if 65 or older)
Foreign Tax Credit
Lesser of
Foreign taxes paid/accrued or Portion of US tax liability attributed to all foreign income
A taxpayer may elect either a credit or an itemized deduction for taxes paid to other countries or U.S. possessions.
Unused FTCs may be carried back for 1 year, carried forward 10 years.
Payments to graduate students
Payments made to graduate students in return for services performed, including teaching and research, must be included in gross income.
Only payments that are used for required tuition, fees, books, supplies, or equipment are excluded from gross income.
GRANTS are included in gross income.
Distributions
o A pro rata distribution of common stock to common stock shareholders is excluded from gross income, while all other stock dividends are included in gross income.
Passive Activities
Taxpayer does not materially participate May avoid if 2 requirements are met
50% rule or 750hrs rule
All rental activity is passive.
Entitled to deduct up to 25K in losses from the passive activity
The $25,000 is reduced by 50% of the amount by which AGI (determined without regard to Social Security, IRA contributions, and passive losses) exceeds $100,000.
When a person disposes of passive activity, can deduct in full in the year of disposal
Disallowed passive activities are carried forward indefinitely.
Compensation
Compensation for services is gross income. If services are paid for with property, the FMZ of the property on the date it was received is included in gross income.
Includes non-qualifies stoick options (FMV - Exercise Price)
American Opportunity Credit
100% credit for first $2000, then 25% credit for the second $2,000
Phase-out begins when AGI exceeds 60K for MFJ
Child and Dependent Care Credit
Tax payer must provide > ½ cost of maintaining household for dependent under age 13/incapacitated spouse/dependent
Expenses limited to 3K or 6K for 2+ individuals
Credit = 35% of expenses
Reduced by 1% for each 2K by which AGI > 15K
Cannot be reduced below 20%
The credit amount is not eliminated when AGI exceeds $15,000, only phased down from 35% to 20% in increments of 1% for each $2,000 AGI exceeds $15,000.
Employee Achievement Awards
The IRC allows an employee to exclude from gross income the value of an employee achievement award to the extent the employer may deduct it under Sec. 274
NOL
= TI + NOL Carried Forward/Backward + Personal exemptions + (nonbusiness deductions – nonbus. Income.) – See calculation in ch 5
Non-business income = interest, dividends, treasure trove
Occurs when business expenses are greater than business income
First carried back 2 years, any remaining NOL carried forward up to 20 years.