TYPES OF DEDUCTIONS Flashcards
Deductions for vs from AGI
for = above the line from = itemized deductions
3 transactions split for deductions
- Personal - cannot be deducted unless specifically provided by IRC (mortgage, charitable contributions)
- Trade or business - if related to business operations and ordinary, necessary and reasonable (fines not ded.)
- Investment - activities that produce income and deductible if ordinary, necessary and reasonable
management/maintenance of property is deductible
Qualifying Small Taxpayers
less than $10m average gross receipts
can deduct improvements made to an eligible building property only if it does not exceed lesser of $10,000 or 2% of building’s unadjusted basis
Deductions FOR AGI
Alimony Trade or business expenses Rent or royalty Losses 50% self-employment tax 100% medical insurance self-employed Moving expenses IRA & Keogh Student loan interest limited to $2,500 of interest
Moving Expense Requirements
- new job or first job requires you to move
- must add 50 miles to commute
- must have been at new job for 39 weeks for one year
- expenses to deduct- move possessions, transportation, lodging
- M&E is NOT deductible
Standard deduction rule
deduct greater of standard deduction or itemized
Allowable medical expenses
dental, doctor prescriptions medical equipment (wheelchair, eyeglasses) transportation for med care medical insurance premiums rehab cost of modifying home
Medical expense deduction formula
Qualified expenses
- reimbursement from insurance
- AGI * 10%
= deduction
What type of taxes can be itemized?
state, local and foreign
personal property taxes
Deductible interest expenses?
home mortgage - limited to $1 million to purchase build or improve residence
loan interest
investment interest
Rules for charitable contributions
- must be to qualifying organization (not a needy fam)
- cash or property only - NOT services at FMV
- deduction is limited to 50% of AGI
- if has to do with LT stock that has APPRECIATED = 30% of AGI
i. e. AGI = 100; stock is 20, now worth 40 - can only deduct 30 of it - C/O = 5 years; no carryback
Casualty Losses & formula
must be sudden/unexpected ded = lesser of decline in FMV or AB Loss - insurance reimbursement - casualty floor - 10% AGI = deduction
Gambling loss rule
can only be deducted up to the amount of winnings
Itemized Deduction phase-out
if AGI = too high
lower of:
- 3% (AGI - Threshold)
or
- 80% * (taxes + mortgage interest + cc + 2% misc)
What happens if property given to charity appreciated in value and held short-term?
Take FMV appreciated less short-term gain that would be recognized if property was sold
Misc Itemized Deductions 2% over AGI
- un-reimbursed employee expense if not apart of accountable plan
- tax planning/preparation
- investment/custodial management fees
- safe deposit
- union dues
Deduct non-business bad debts
short-term capital loss in year it is determined to be COMPLETELY worthless
Deduct business bad debts
Direct write-off method - only method allowed
deducted to the extent that it is partially worthless
NOL rule
CB 2; CF 20
ONLY allowed for business losses and casulaty
When calculating NOL - find AGI, less deductions.
Then addback anything that is not business/work related i.e. capital loss, standard and personal deductions
Hobby Losses
Losses are not deductible - considered personal
Expenses are deductible to the extent of income
Order (other items that would have been deducted, cash expenses, depreciation)
Income is on page 1 of 1040; deductions on 2% of AGI misc itemized
if profit making motive - not a hobby
If profit in 3 of the last 5 years presumed/assumed to NOT be a hobby
Business use of home
- must be principle place of business
- sq ftg * 5 - limited to 1,500
- deduct expenses up to income and CF indefinitely
Vacation Home Rules
- Less than 15 days rented = PERSONAL RESIDENCE
- Used/rented more than 15 days; not personally used
for greater of 14 days of 10% of the days rented = RENTAL - 15 days or more rented and used for both personal and rental = PRORATED (interest/taxes, cash expenses, depreciation)
Passive Losses
Cannot offset earned income (wages) or portfolio income (investment, dividends, interest, royalties)
Taxpayer does not actively participate in passive activity - most rental activities and limited partnership interests
If actively participate in rental real estate, can offset $25,000 against portfolio income
25,000 is adjusted for 50% amount over 100,000 AGI limit