Tax Ch 6 Flashcards
DEDUCTIONS IN GENERAL
* Deductions are not entitlements: They are a matter of legislative grace
* Substantiation requirements
* Taxpayer has burden of proof
* Adequate records of expenses must be maintained
CLASSIFICATION OF DEDUCTIBLE EXPENSES
- Above-the-line deductions
- Below-the-line deductions
ADJUSTMENTS TO INCOME: 2022
COMPARISON OF ABOVE- AND BELOW-THE-LINE
DEDUCTIONS (2024)
Single taxpayer has gross income of $50,000.
What is the taxpayer’s taxable income if she has an $8,000 for-AGI (above-the-line) deduction in comparison to an $8,000 itemized (below-the-line) deduction.
TRADE OR BUSINESS EXPENSES
- Only net profit (after expenses) is included in taxpayer’s income
- Above-the-line deduction
- Expenses must be
- Ordinary
- Necessary
- Reasonable
- Additional expenses for Sole Proprietors, Partners, > 2% owners of S- Corporations
- Half of self-employment tax paid
- Self-employed retirement plan contributions
- Self-employed health insurance premiums
LIMITATION ON LTC INSURANCE
LIMITATION ON LTC INSURANCE
WHO CAN DEDUCT CONTRIBUTIONS TO A TRADITIONAL IRA?
- Taxpayer(s) is(are) not an active participant
-No AGI phaseout limit - Taxpayer(s) is(are) an active participant
–Single AGI phaseout $77,000 - $87,000 (2024)
– MFJ AGI phaseout $123,000 - $143,000 (2024) - One spouse is an active participant, the other spouse is not
–Non-active participant spouse AGI phaseout $230,000 - $240,000 for
2024.
–Active participant spouse follows MFJ AGI phaseout
ROTH IRA CONTRIBUTION PHASEOUTS
MOVING EXPENSES: BEFORE 2018 AND AFTER 2025 (1 OF 2)
* Deductible
–Cost of moving household goods and personal effects
– Storage while in transit
—Travel expenses (one trip)
- Not Deductible
– Meals
– Expenses of buying or selling home
– Temporary living expenses
– Home hunting expenses
MOVING EXPENSES: BEFORE 2018 AND AFTER 2025 (2 OF 2)
- Distance Test
- The distance between the old home and the new job must be at least 50 miles greater than the distance between the old home and the old job location.
- Time Test
- Full time employee: 39 weeks out of the 12-month period following the move.
- Self employed: 78 weeks out of 24-month period following the move
MOVING EXPENSES: 2018 THROUGH 2025
- Moving expenses are not excludible from income and are not deductible unless they are for in-kind moving and storage expenses for members of the armed forces (or their spouse or dependents) on active duty that move pursuant to a military order and incident to a permanent change of station
OTHER ABOVE-THE-LINE DEDUCTIONS
- Penalty on early withdrawal of savings
- Educator expenses
- Student loan interest
- Alimony paid
– If pursuant to a decree entered into on or before December 31, 2018
–Alimony required pursuant to a decree entered into after December 31, 2018, will not be deductible
STUDENT LOAN INTEREST (1 OF 2)
- Up to $2,500
- Taxpayer must have primary obligation to repay debt
STUDENT LOAN INTEREST (2 OF 2)
* Phaseout applies to MAGI
- MAGI = AGI plus
- Exclusion for foreign earned income
- Exclusion for income from U.S. possession and Puerto Rico
ALIMONY DEDUCTION: EXAMPLE
Willie and Maye divorced in October 2018. They had been married for 15 years, and had two children, Erin (14 years old) and Hank (12 years old). Under the terms of the divorce decree, Willie is required to pay Maye $2,000 per month in alimony for four years, $1,500 for the next
two years, and $1,000 per month for the following two years.
Willie’s alimony deduction each month will be $1,000. Even though the divorce decree classified the payment as alimony.
DEDUCTION RULES FOR BUSINESSES
- Corporations
–Ordinary, necessary and reasonable expenses deducted on corporate return
– S-Corporations cannot deduct medical insurance premiums or retirement plan contributions for 2% owners - Partnerships
– Expenses deducted on information return
–Cannot deduct medical insurance premiums or retirement plan
contributions for owners - Sole Proprietorships
– Expenses deducted on Schedule C of Form 1040
–Cannot deduct medical insurance premiums or retirement plan
contributions for owners
BUSINESS EXPENSE REQUIREMENTS
- Ordinary
– Incurred in the normal, usual conduct of business - Necessary
– One that a prudent businessperson would incur - Reasonable
– Question of fact
– Overlaps ordinary and necessary requirements
COMMON DEDUCTIONS FOR EMPLOYERS
- Fringe Benefits
- Self-Employed Retirement and Health Plan Contributions
- Social Security Self-Employment Tax
- Investigation of Business Expenditures
- Home Office Expenses
INVESTIGATION OF BUSINESS EXPENSES
- Must purchase the business to qualify for a deduction
- New (unrelated) line of business
-Up to $5,000 of start up costs deducted
– –Costs beyond $5,000 amortized ratably over 180-month period - Same line of business
– Expenses are deducted currently
HOME OFFICE DEDUCTION
- General Rules
– Expenses are prorated
–Depreciation on 39-year straight line basis - Business Owner
– Regular and exclusive use requirement
–Cannot deduct expenses to show loss - Employee
– Must be for convenience of employer to deduct expenses before 2018 and after 2025
– From 2018-2025, no deduction is permitted on Schedule A for home
office expenses
TAX PLANNING WITH DEDUCTIONS
- Employees
–Most deductions are below-the-line - Business Owners
– Deductions are above-the-line (no phase-out limitations).
– Allocate as many expenses as possible to the business. - Investors
–Real Estate Expenses – above-the-line deductions
–Portfolio Expenses – below-the-line deductions
—-Investment interest is not subject to the 2% floor.
—- Investment advisory fees are subject to the 2% floor and are,
therefore, suspended for tax years 2018-2025.
All of the following requirements must be met for a payment to be treated as alimony except:
The payment must be required by a court decree.
The payment must cease at the death of the payor.
The parties may not live in the same household.
The payment must not be a form of disguised child support.
The payment must cease at the death of the payor. TEST TEST
Rationale
In order to be considered alimony for income tax purposes, the payment must be made pursuant to a court decree, the payor and payee may not be members of the same household, the payment must not be a form of disguised child support, and
the payment must cease at the death of the payee (not the payor) spouse.
On January 1, 2018, Bryce and Harper were divorced. Under the terms of the divorce decree, Harper was given custody of their only child, Maxine, who is 16 years old. The court decree also requires Bryce to pay Harper $1,000 a month in alimony for two years, followed by $800 a month for the next four years. Which of the following statements concerning the payments that Bryce makes to Harper is correct?
Bryce will be able to reduce his AGI by the $12,000 in alimony payments he makes to Harper this year.
Harper will not be required to report any of the payments that Bryce makes to her as income on her tax return.
Bryce will not be able to take a deduction for the alimony payments made.
Bryce’s tax deduction will be limited to $9,600 per year during the six year period.
Bryce’s tax deduction will be limited to $9,600 per year during the six year period.
Rationale
For income tax purposes, alimony payments that are reduced when a minor child reaches the age of majority (18 in most states), are considered to be a form of child support.
Since Bryce’s alimony payments will be reduced by $200 per month once Maxine reaches age 18, $200 of the payment will be considered child support, leaving the remaining $800 as alimony.
As a result, Bryce will only be able to deduct from his income, and Harper will be required to include in her income, $9,600 per year.