Itemized Deductions Flashcards
Limitation of Itemized Deductions
Can be limited, which can limit taxpayers ability to take them
Non-business and consumer interest
is generally not deductible
Mortgage Debt Exception
- Interest on a debt secured by taxpayers principal residence or
- by a second residence used at least 14 days in the year
- is deductible if it is either:
- acquisition indebtedness or
- home equity indebtedness
Acquisition indebtedness
Debt incurred to acquire, construct, or substantially improve a residence cannot exceed $1,000,000
Home equity indebtedness
- Debt other than acquisition indebtedness, up to the amount of the taxpayer’s equity in the residence (i.e., fair market value less acquisition indebtedness)
- The aggregate amount of this indedbted ness cannot exceed $100,000
Precondition of debt
- An enforceable debt must exist;
- if the note is intended as a gift, you cannot deduct;
- the indebtedness must be the taxpayers
Federal taxes
are not deductible
Local Taxes
- Real estate taxes, state or municipality taxes, and personal property taxes are deductible
Taxes for another
Do not give rise to a deduction
AND
recipient would have income
Charitable donations
RULE
- If made to a qualified charitable organizations = deductible up to:
- 50% of donor’s AGI;
- excess can be carried for up to 5 years
- Appreciate property:
- deduction is often limited to the taxpayer’s adjusted basis
What is a charity?
Generally, charities are defined as groups organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, and other charitable purposes enumerated in the Code
Benefits Received
- The donation must be made with no expection of benefit
- If a beneift is recieved (e.g. ticket to fundraiser), the value of the benefit must be excluded from the deduction
Record Keeping
- For contributions that exceed $250,000
- taxpayer must obtain by the time he files his return
- written acknowledgment from charity
- describing the property received and value of goods/services provided to donor in return
Medical Expenses
RULE
- Can deduct medical expenses
- incurred by taxpayer, spouse, or dependant
- to the extent that the expenses exceed 10% of AGI
Casualty Losses
RULE
- taxpayer can deduct a loss
- in excess of $100
- that she incurrs as property owner and as a result of a casualty
- which is an event due to some sudden unexpected or unusual cause
- but only extent that the aggregate amount of such losses exceeds 10% of her AGI