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CHAPTER 3
Business Income &
  Expenses: Part I


Income Tax Fundamentals 2012

         Gerald E. Whittenburg
            Martha Altus-Buller



                2012 Cengage Learning
Learning Objectives
 Complete a basic Schedule C
 Understand the tax treatment of   inventories
  and cost of goods sold
 Identify the requirements for deducting
  transportation expenses
 Identify the requirements for deducting travel
  expenses
 Determine the requirements for claiming
  entertainment deductions
 Identify the requirements for claiming business
  education expenses

                                    2012 Cengage Learning
Learning Objectives (continued)
 Determine    requirements for claiming other
  common business expenses
 Explain tax treatment of bad debt deductions
 Ascertain when a home office deduction may
  be claimed and how to compute it
 Describe basic tax treatment for deductions for
  net operating losses
 Apply the factors used to determine whether an
  activity is a hobby


                                  2012 Cengage Learning
Defining Trade or Business
      & Tests for Deductibility
A  trade or business is not specifically
  defined in the Internal Revenue Code, but is
  generally an activity conducted for a profit
 For a deduction to generally be considered
  deductible for a trade/business, it must:
 • Be ordinary and necessary
 • Have a legitimate business purpose
 • Be reasonable in light of the fees that are
   generated as a result of the expense


                                     2012 Cengage Learning
Schedule C vs. C-EZ

 Taxpayer who operates business as a sole
 proprietorship must file Schedule C (long form) or
 Schedule C-EZ (short form)
 Figures
        3.3 – 3.5 illustrate the different sections of a
 Schedule C
 Can use Schedule C-EZ (the short form) if a number
 of qualifications are met (see page 3-3)




                                        2012 Cengage Learning
Gambling Winnings

 Gambling  income is not reported on a
  Schedule C unless the taxpayer is a
  professional gambler
 Gambling losses are deductible as
  miscellaneous itemized deductions on
  Schedule A
 • These losses are limited to gambling winnings




                                 2012 Cengage Learning
Self-Employment Tax
 Taxpayers with net earnings of $400 or more
 required to pay self-employment tax
 ◦ File Schedule SE with Form 1040

 Tax   equals
 ◦ Social security tax (10.4% on the first $106,800)
          plus
 ◦ Medicare tax (2.9% of all net earnings)

 Taxpayer  gets a deduction for AGI equal to half
 of the self-employment tax

                                      2012 Cengage Learning
Inventories

 Costof Goods Sold (COGS) is a significant
  deduction for many retail businesses
   ◦ Cost of beginning/ending inventory crucial to
     calculation of deduction
   ◦ LIFO and FIFO most commonly used methods of
     costing inventory

 If LIFO is used for tax, it must also be used for
  financial statement purposes
   ◦ Form 970 used to elect LIFO


                                              2012 Cengage Learning
Transportation
 Certain  transportation expenses for business
  purposes are deductible by taxpayers
 Taxpayer doesn’t have to be away from tax home
  to get transportation deduction
  ◦ Commuting is never deductible, except if:
    Traveling between home and work locations outside the metro
     area where taxpayer has regular place of business
    Traveling between home and temporary work when taxpayer
     has regular place of business
    Travel when taxpayer’s principal place of business is home

      Plus can deduct additional cost of hauling tools/instruments


                                               2012 Cengage Learning
Transportation
 Cost of plane, rail, bus and auto (actual or standard)
  potentially deductible
 May choose standard mileage deduction
    ◦ $.51 per mile (1/1/11 – 6/30/11) and $.555 per mile (7/1/11
      – 12/31/11)
    ◦ Plus business portion of
      • Parking, tolls and personal property taxes
               and
      • Auto loan interest (if self-employed)
    ◦ To use standard mileage deduction, taxpayer must
         Own or lease car
         Not rent out
         Not own fleet using 5 or more autos simultaneously
         Not have taken depreciation other than straight-line
         Not have taken Section 179 depreciation on auto

                                                    2012 Cengage Learning
Transportation

 Or   may choose to take actual expenses
  ◦ If choose actual expenses - cannot change to
    standard
  ◦ If choose standard - may change to actual, but then
    must use straight-line depreciation for vehicle
 Must   keep adequate cost records
  ◦ To calculate deduction, multiply actual expenses by
    business-use percentage*

  *Business use percentage = Business miles/Total miles



                                          2012 Cengage Learning
Transportation
 Actual expenses include
  ◦ Gas, oil, repairs and maintenance
  ◦ Depreciation
  ◦ Personal property taxes
  ◦ Interest on car if self-employed
 Business-related parking/tolls fully deductible
  ◦ Not multiplied by business use percentage
 Reporting
  ◦ Taxpayers other than self-employed, report on Form
    2106, which carries to Schedule A



                                      2012 Cengage Learning
Travel Expenses

 Todeduct, travel expenses must result
 from a documented business reason
 ◦ Ordinary and necessary
 ◦ Substantiated and not lavish
 Expenses  include lodging, taxis, laundry,
 tips, and meals
 ◦ Meals are only 50% deductible




                                   2012 Cengage Learning
Travel Expenses
 Travelstatus requires being away from home
 overnight
  ◦ “Overnight” defined as long enough to need relief from work
                 and
  ◦ Need to be away from “tax home” to be on travel status
  ◦ Tax home is defined as primary place of business - not
    necessarily the same as family residence
 Expenses   of temporary assignments are deductible, if
  not practical to return home each night
 Long-term temporary assignments, generally over one
  year, may require reclassification of new tax home for
  taxpayer

 Note: No travel deduction allowed unless taxpayer keeps proper records
                                                  2012 Cengage Learning
Travel Expenses
Deductibility dependent on (a) where travel occurred and
  (b) classifying trip as business, pleasure or combination
 If primarily business trip in U.S.
    ◦ All travel costs (to/from) are deductible
    ◦ Travel expenses split between business and personal
   If primarily pleasure trip (in or outside U.S.)
    ◦ Travel costs (to/from) are not deductible
    ◦ Meals, lodging, local transportation and incidental expenses are
      split between personal and business
   If primarily business trip outside U.S.
    ◦ Travel costs (to/from) split between business and personal based
      on number of days
    ◦ Other travel costs deductible, if associated with business

                                                   2012 Cengage Learning
Travel Example

Example
Gretchen, a Sustainability Director, travels from Idaho to
 New Mexico for business, paying $380 for airfare.
 She then spends $330 on lodging and $150 on meals,
 for the business portion of the trip. While there, she
 goes on a personal sightseeing tour of the Turquoise
 Trail and spends $400 on car rental and lodging and
 $85 on meals. What may she deduct for business
 travel?


                                        2012 Cengage Learning
Solution
Example
Gretchen, a Sustainability Director, travels from Idaho to New Mexico
  for business, paying $380 for airfare. She then spends $330 on
  lodging and $150 on meals, for the business portion of the trip.
  While there, she goes on a personal sightseeing tour of the
  Turquoise Trail and spends $400 on car rental and lodging and $85
  on meals. What may she deduct for business travel?

Solution
Since the trip was primarily business and in the U.S., all the airfare is
  deductible; the lodging of $330 and 50% of the $150 business
  meals are also deductible. None of the personal expenses are
  deductible. Total deduction = $785.


                                                  2012 Cengage Learning
Per Diem Substantiation
            3 methods of calculating per diem

 Regular Federal Rate Method (lodging, meals & incidentals)
 o A standard base rate of $123 per day, but the federal rate is higher in

   specified “high cost areas”
 o Per diem amounts for each part of country updated regularly at www.irs.gov

   – Publication 1542
 o This method requires tracking number of nights in each locality



 High-Low Method (lodging, meals & incidentals)
 o Easier to use if employees travel extensively
 o A few high areas are specified by IRS ($233/day) and the rest are low areas

   ($160/day)
 o If chose this method, must continue throughout the year


            Per diem eliminates necessity of keeping copious records
           Rates are split into meals (only 50% deductible) and lodging

                                                     2012 Cengage Learning
Per Diem Substantiation

Meals and Incidental Expenses (M&IE) Method
 o Allows a per diem for meals and incidentals, plus
   actual lodging receipts
 o Use either high-low M&IE rates ($65 and $52)

 o If taxpayer is self-employed and elects a per diem

   method, he/she must choose this one


     Note: sometimes rates revised more often than annually




                                          2012 Cengage Learning
Entertainment
 Deduction for 50% of cost of entertainment
  connected with a trade or business
 Entertainment must be either directly related to, or
  associated with, active conduct of business
    ◦ “Directly related” costs are those related to an actual business
      meeting, such as a business lunch
    ◦ “Associated with” costs serve a specific business purpose
       Must occur immediately before or after a business discussion
   Deduction for the cost (for example depreciation
    and maintenance) of entertainment facilities such
    as clubs, yachts, hunting camps, etc. is severely
    limited

                                                       2012 Cengage Learning
Educational Expenses

 What’s     deductible?
  ◦ Cost of courses, lodging costs, 50% meals/entertainment
    and travel (if primarily to obtain qualifying education)
  ◦ However, travel as a form of education is nondeductible

 Eligible
         educators can deduct up to $250 for
 classroom materials
  ◦ K-12 teacher, counselor or principal working at least 900
    hours during school year



                                           2012 Cengage Learning
Educational Expense Example

Example
Roberta is a paralegal who goes to law school
 at night. Are her educational expenses
 deductible? What if Roberta flew from her
 home in El Paso to a continuing education
 conference for paralegals in Dallas (if 30
 hours per year of continuing education is
 required for paralegals to maintain
 certification in Texas)?

                                2012 Cengage Learning
Solution
Example
Roberta is a paralegal who goes to law school at night. Are her
  educational expenses deductible? What if Roberta flew from her
  home in El Paso to a continuing education conference for paralegals
  in Dallas (if 30 hours per year of continuing education is required for
  paralegals to maintain certification in Texas)?

Solution
In the first scenario, the costs of attending law school are
   nondeductible because the education would qualify her for a new
   trade/business as an attorney.
In the second scenario, her expenses at the conference would be
   deductible (meals & entertainment at 50% only) since she is
   complying with requirements to maintain her existing job.


                                                 2012 Cengage Learning
Dues, Subscriptions & Publications

   Professionals  engaged in practice or
    employed may deduct the cost of dues,
    subscriptions and publications related to
    their profession
   Technical journals, dues to professional
    associations and related materials are
    included in this category



                                 2012 Cengage Learning
Special Clothing & Uniforms

 Uniforms   and special clothes are deductible if
 ◦ Required as condition of employment
                  and
 ◦ Can’t be worn outside of work

 Protective   wear always deductible
 ◦ Items such as safety shoes, hard hats, etc.
 ◦ Laundering of uniforms is deductible



                                      2012 Cengage Learning
Business Gifts
   May deduct gifts up to $25 per donee per year
    ◦ Plus cost of wrapping/shipping
    ◦ Husband and wife = one donee (unless both clients)
    ◦ No limitation for small business gifts up to $4 each, if
      taxpayer’s or company’s name imprinted on item
   Deduction for tangible non-cash personal
    property up to $400 is allowable
    ◦ If given to employees for safety or length of service
      awards
    ◦ Or up to $1,600 is allowable if in conjunction with a
      “qualified plan”
   Gifts to taxpayer’s supervisor are not deductible
                                              2012 Cengage Learning
Substantiation Requirements

 Taxpayersmust have written proof of
 expenses for entertainment (E) and gifts (G)
  ◦   Amount (E & G)
  ◦   Time and place (E)
  ◦   Date and description (G)
  ◦   Business purpose (E & G)
  ◦   Business relationship (E & G)




                                      2012 Cengage Learning
Bad Debts

 Bad debts arise when taxpayer sells
 good/services on credit and accounts receivable
 later becomes uncollectible
 ◦ Deduction for bad debts allowed up to amount
   previously included in income - cash basis taxpayers
   cannot take bad debts expense as they never reported
   original income
 Must   use specific charge-off method
 ◦ IRS requires proof of worthlessness




                                              2012 Cengage Learning
Bad Debts
         Two categories of bad debts
 Business bad debts are ordinary deductions
 ◦ Those that arise from trade/business
 ◦ These are deductible
 Non-business bad debts are short-term capital
 losses, which are netted against other capital
 gains and losses
 ◦ Report on Schedule D
 ◦ Subject to $3,000/year loss limitation (discussed in
   Chapter 8 in more detail)

                                                2012 Cengage Learning
Bad Debt Example

Example
Keiko (a dentist) loans her friend, Lars,
 $20,000 to start an upholstery business.
 Subsequently, Lars cannot repay Keiko. Is
 this a business or a non-business bad debt
 and how much may Keiko deduct in the
 current year?



                                    2012 Cengage Learning
Solution

Example
Keiko (a dentist) loans her friend, Lars, $20,000 to start an
  upholstery business. Subsequently, Lars cannot repay
  Keiko. Is this a business or a non-business bad debt and
  how much may Keiko deduct in the current year?

Solution
This is a non-business bad debt as Keiko is not in the
  business of loaning money. It is a short-term capital loss
  (limited to $3,000 of deduction against ordinary income in
  any one year). She may carry forward the balance of the
  capital loss to future years.


                                                   2012 Cengage Learning
Office in Home (OIH)
   Deduction for business use of a home is allowed
    only by exception, including
    ◦ Home used regularly and exclusively as principal
      place of business or required for the “convenience of
      employer” when regular office not provided
                        or
    ◦ The regular place to manage business or meet with
      clients/patients
                        or
    ◦ Office is separate structure and used exclusively for
      business
                        or
    ◦ Dwelling unit is used for inventory storage and home
      is taxpayer’s sole place of business

                                             2012 Cengage Learning
OIH – Gross Income Limitation
   OIH deduction cannot be used to create a net loss for the
    business
    ◦ Other than allocable portion of mortgage interest and property
      taxes
    ◦ These are generally tax deductible anyway
    ◦ Any excess can be carried forward to future years


   The other costs of operating a home which are included in
    the home office allocation include
    o   Rent, home insurance, repairs, cleaning, gardening,
        homeowners' association dues, and depreciation on the cost
        of the home
    o   Any excess can be carried forward to future years


                                                 2012 Cengage Learning
OIH – Form 8829

 CompleteForm 8829 – “Expenses for
 Business Use of Your Home”
 ◦ If taxpayer is self-employed
    Allowable deduction carries from 8829 to bottom
     of Schedule C
 ◦ If taken as an employee business expense
    Allowable deduction carries to Schedule A
    ◦ But can only take if necessary for employer convenience
                     and
    ◦ Employer does not provide a regular office




                                            2012 Cengage Learning
OIH Allocation
 Allocation   % done on basis of square
 footage
 Home office square footage/Total home square footage
 Twocolumns on 8829 for office in home
 expenses
 ◦ Direct expenses
    Work done directly on home office - for example
     new cabinetry in home office
 ◦ Indirect expenses
    Applicable to entire home and allocable to OIH (for
     example, cleaning service)
    These costs are multiplied by OIH allocation %

                                       2011 Cengage Learning
OIH Example
Example
Kitty, a part time cartographer, maintains an office in her
  home where she reads electronic maps and keeps
  client records. She allocates $12,000 in mortgage
  interest and taxes to her OIH and collects $11,000 in
  fees. Assuming no other business expenses, what is
  her current year OIH deduction? How would this
  change if she also allocated $2,500 in maintenance
  and utilities? Will she have an OIH carry forward in
  the first scenario?

                                         2012 Cengage Learning
Solution

Example
Kitty, a part time cartographer, maintains an office in her home
   where she reads electronic maps and keeps client records. She
   allocates $12,000 in mortgage interest and taxes to her OIH and
   collects $11,000 in fees. Assuming no other business expenses,
   what is her current year OIH deduction? How would this change
   if she also allocated $2,500 in maintenance and utilities? Will she
   have an OIH carry forward in the first scenario?

Solution
In the first example, she may deduct the entire $12,000 with no loss
   carry forward. In the second scenario, she would not be able to
   deduct the additional $2,500 as she is limited to the gross income
   derived from the trade or business, resulting in a $2,500 OIH
   carry forward.


                                                   2012 Cengage Learning
Net Operating Losses (NOL)
 NOLs are losses resulting from business and casualty
  items only
 First, carry it back two years and then forward twenty
     ◦ File amendments for prior years on Form 1040X or
     ◦ Form 1045 (for quick claim for refund)
                 or
   May make an irrevocable election to forego carry back,
    then carry forward
     ◦ But must elect this in year of loss




                                                          2012 Cengage Learning
Hobby Losses

 Losses
       are limited for activities not
 engaged in for profit motive
  ◦ Can only deduct hobby expenses up to amount
    of hobby income
 Hobby   income must always be included
 If taxpayer can show profit in 3 out of
  prior 5 years (or 2 out of 7 if involved with
  horses), then assumed it is verifiable
  trade/business

                                2012 Cengage Learning
The End




          2011 Cengage Learning

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Itf ipp ch03_2012_final

  • 1. CHAPTER 3 Business Income & Expenses: Part I Income Tax Fundamentals 2012 Gerald E. Whittenburg Martha Altus-Buller 2012 Cengage Learning
  • 2. Learning Objectives  Complete a basic Schedule C  Understand the tax treatment of inventories and cost of goods sold  Identify the requirements for deducting transportation expenses  Identify the requirements for deducting travel expenses  Determine the requirements for claiming entertainment deductions  Identify the requirements for claiming business education expenses 2012 Cengage Learning
  • 3. Learning Objectives (continued)  Determine requirements for claiming other common business expenses  Explain tax treatment of bad debt deductions  Ascertain when a home office deduction may be claimed and how to compute it  Describe basic tax treatment for deductions for net operating losses  Apply the factors used to determine whether an activity is a hobby 2012 Cengage Learning
  • 4. Defining Trade or Business & Tests for Deductibility A trade or business is not specifically defined in the Internal Revenue Code, but is generally an activity conducted for a profit  For a deduction to generally be considered deductible for a trade/business, it must: • Be ordinary and necessary • Have a legitimate business purpose • Be reasonable in light of the fees that are generated as a result of the expense 2012 Cengage Learning
  • 5. Schedule C vs. C-EZ  Taxpayer who operates business as a sole proprietorship must file Schedule C (long form) or Schedule C-EZ (short form)  Figures 3.3 – 3.5 illustrate the different sections of a Schedule C  Can use Schedule C-EZ (the short form) if a number of qualifications are met (see page 3-3) 2012 Cengage Learning
  • 6. Gambling Winnings  Gambling income is not reported on a Schedule C unless the taxpayer is a professional gambler  Gambling losses are deductible as miscellaneous itemized deductions on Schedule A • These losses are limited to gambling winnings 2012 Cengage Learning
  • 7. Self-Employment Tax  Taxpayers with net earnings of $400 or more required to pay self-employment tax ◦ File Schedule SE with Form 1040  Tax equals ◦ Social security tax (10.4% on the first $106,800) plus ◦ Medicare tax (2.9% of all net earnings)  Taxpayer gets a deduction for AGI equal to half of the self-employment tax 2012 Cengage Learning
  • 8. Inventories  Costof Goods Sold (COGS) is a significant deduction for many retail businesses ◦ Cost of beginning/ending inventory crucial to calculation of deduction ◦ LIFO and FIFO most commonly used methods of costing inventory  If LIFO is used for tax, it must also be used for financial statement purposes ◦ Form 970 used to elect LIFO 2012 Cengage Learning
  • 9. Transportation  Certain transportation expenses for business purposes are deductible by taxpayers  Taxpayer doesn’t have to be away from tax home to get transportation deduction ◦ Commuting is never deductible, except if:  Traveling between home and work locations outside the metro area where taxpayer has regular place of business  Traveling between home and temporary work when taxpayer has regular place of business  Travel when taxpayer’s principal place of business is home Plus can deduct additional cost of hauling tools/instruments 2012 Cengage Learning
  • 10. Transportation  Cost of plane, rail, bus and auto (actual or standard) potentially deductible  May choose standard mileage deduction ◦ $.51 per mile (1/1/11 – 6/30/11) and $.555 per mile (7/1/11 – 12/31/11) ◦ Plus business portion of • Parking, tolls and personal property taxes and • Auto loan interest (if self-employed) ◦ To use standard mileage deduction, taxpayer must  Own or lease car  Not rent out  Not own fleet using 5 or more autos simultaneously  Not have taken depreciation other than straight-line  Not have taken Section 179 depreciation on auto 2012 Cengage Learning
  • 11. Transportation  Or may choose to take actual expenses ◦ If choose actual expenses - cannot change to standard ◦ If choose standard - may change to actual, but then must use straight-line depreciation for vehicle  Must keep adequate cost records ◦ To calculate deduction, multiply actual expenses by business-use percentage* *Business use percentage = Business miles/Total miles 2012 Cengage Learning
  • 12. Transportation  Actual expenses include ◦ Gas, oil, repairs and maintenance ◦ Depreciation ◦ Personal property taxes ◦ Interest on car if self-employed  Business-related parking/tolls fully deductible ◦ Not multiplied by business use percentage  Reporting ◦ Taxpayers other than self-employed, report on Form 2106, which carries to Schedule A 2012 Cengage Learning
  • 13. Travel Expenses  Todeduct, travel expenses must result from a documented business reason ◦ Ordinary and necessary ◦ Substantiated and not lavish  Expenses include lodging, taxis, laundry, tips, and meals ◦ Meals are only 50% deductible 2012 Cengage Learning
  • 14. Travel Expenses  Travelstatus requires being away from home overnight ◦ “Overnight” defined as long enough to need relief from work and ◦ Need to be away from “tax home” to be on travel status ◦ Tax home is defined as primary place of business - not necessarily the same as family residence  Expenses of temporary assignments are deductible, if not practical to return home each night  Long-term temporary assignments, generally over one year, may require reclassification of new tax home for taxpayer Note: No travel deduction allowed unless taxpayer keeps proper records 2012 Cengage Learning
  • 15. Travel Expenses Deductibility dependent on (a) where travel occurred and (b) classifying trip as business, pleasure or combination  If primarily business trip in U.S. ◦ All travel costs (to/from) are deductible ◦ Travel expenses split between business and personal  If primarily pleasure trip (in or outside U.S.) ◦ Travel costs (to/from) are not deductible ◦ Meals, lodging, local transportation and incidental expenses are split between personal and business  If primarily business trip outside U.S. ◦ Travel costs (to/from) split between business and personal based on number of days ◦ Other travel costs deductible, if associated with business 2012 Cengage Learning
  • 16. Travel Example Example Gretchen, a Sustainability Director, travels from Idaho to New Mexico for business, paying $380 for airfare. She then spends $330 on lodging and $150 on meals, for the business portion of the trip. While there, she goes on a personal sightseeing tour of the Turquoise Trail and spends $400 on car rental and lodging and $85 on meals. What may she deduct for business travel? 2012 Cengage Learning
  • 17. Solution Example Gretchen, a Sustainability Director, travels from Idaho to New Mexico for business, paying $380 for airfare. She then spends $330 on lodging and $150 on meals, for the business portion of the trip. While there, she goes on a personal sightseeing tour of the Turquoise Trail and spends $400 on car rental and lodging and $85 on meals. What may she deduct for business travel? Solution Since the trip was primarily business and in the U.S., all the airfare is deductible; the lodging of $330 and 50% of the $150 business meals are also deductible. None of the personal expenses are deductible. Total deduction = $785. 2012 Cengage Learning
  • 18. Per Diem Substantiation 3 methods of calculating per diem  Regular Federal Rate Method (lodging, meals & incidentals) o A standard base rate of $123 per day, but the federal rate is higher in specified “high cost areas” o Per diem amounts for each part of country updated regularly at www.irs.gov – Publication 1542 o This method requires tracking number of nights in each locality  High-Low Method (lodging, meals & incidentals) o Easier to use if employees travel extensively o A few high areas are specified by IRS ($233/day) and the rest are low areas ($160/day) o If chose this method, must continue throughout the year Per diem eliminates necessity of keeping copious records Rates are split into meals (only 50% deductible) and lodging 2012 Cengage Learning
  • 19. Per Diem Substantiation Meals and Incidental Expenses (M&IE) Method o Allows a per diem for meals and incidentals, plus actual lodging receipts o Use either high-low M&IE rates ($65 and $52) o If taxpayer is self-employed and elects a per diem method, he/she must choose this one Note: sometimes rates revised more often than annually 2012 Cengage Learning
  • 20. Entertainment  Deduction for 50% of cost of entertainment connected with a trade or business  Entertainment must be either directly related to, or associated with, active conduct of business ◦ “Directly related” costs are those related to an actual business meeting, such as a business lunch ◦ “Associated with” costs serve a specific business purpose  Must occur immediately before or after a business discussion  Deduction for the cost (for example depreciation and maintenance) of entertainment facilities such as clubs, yachts, hunting camps, etc. is severely limited 2012 Cengage Learning
  • 21. Educational Expenses  What’s deductible? ◦ Cost of courses, lodging costs, 50% meals/entertainment and travel (if primarily to obtain qualifying education) ◦ However, travel as a form of education is nondeductible  Eligible educators can deduct up to $250 for classroom materials ◦ K-12 teacher, counselor or principal working at least 900 hours during school year 2012 Cengage Learning
  • 22. Educational Expense Example Example Roberta is a paralegal who goes to law school at night. Are her educational expenses deductible? What if Roberta flew from her home in El Paso to a continuing education conference for paralegals in Dallas (if 30 hours per year of continuing education is required for paralegals to maintain certification in Texas)? 2012 Cengage Learning
  • 23. Solution Example Roberta is a paralegal who goes to law school at night. Are her educational expenses deductible? What if Roberta flew from her home in El Paso to a continuing education conference for paralegals in Dallas (if 30 hours per year of continuing education is required for paralegals to maintain certification in Texas)? Solution In the first scenario, the costs of attending law school are nondeductible because the education would qualify her for a new trade/business as an attorney. In the second scenario, her expenses at the conference would be deductible (meals & entertainment at 50% only) since she is complying with requirements to maintain her existing job. 2012 Cengage Learning
  • 24. Dues, Subscriptions & Publications  Professionals engaged in practice or employed may deduct the cost of dues, subscriptions and publications related to their profession  Technical journals, dues to professional associations and related materials are included in this category 2012 Cengage Learning
  • 25. Special Clothing & Uniforms  Uniforms and special clothes are deductible if ◦ Required as condition of employment and ◦ Can’t be worn outside of work  Protective wear always deductible ◦ Items such as safety shoes, hard hats, etc. ◦ Laundering of uniforms is deductible 2012 Cengage Learning
  • 26. Business Gifts  May deduct gifts up to $25 per donee per year ◦ Plus cost of wrapping/shipping ◦ Husband and wife = one donee (unless both clients) ◦ No limitation for small business gifts up to $4 each, if taxpayer’s or company’s name imprinted on item  Deduction for tangible non-cash personal property up to $400 is allowable ◦ If given to employees for safety or length of service awards ◦ Or up to $1,600 is allowable if in conjunction with a “qualified plan”  Gifts to taxpayer’s supervisor are not deductible 2012 Cengage Learning
  • 27. Substantiation Requirements  Taxpayersmust have written proof of expenses for entertainment (E) and gifts (G) ◦ Amount (E & G) ◦ Time and place (E) ◦ Date and description (G) ◦ Business purpose (E & G) ◦ Business relationship (E & G) 2012 Cengage Learning
  • 28. Bad Debts  Bad debts arise when taxpayer sells good/services on credit and accounts receivable later becomes uncollectible ◦ Deduction for bad debts allowed up to amount previously included in income - cash basis taxpayers cannot take bad debts expense as they never reported original income  Must use specific charge-off method ◦ IRS requires proof of worthlessness 2012 Cengage Learning
  • 29. Bad Debts Two categories of bad debts  Business bad debts are ordinary deductions ◦ Those that arise from trade/business ◦ These are deductible  Non-business bad debts are short-term capital losses, which are netted against other capital gains and losses ◦ Report on Schedule D ◦ Subject to $3,000/year loss limitation (discussed in Chapter 8 in more detail) 2012 Cengage Learning
  • 30. Bad Debt Example Example Keiko (a dentist) loans her friend, Lars, $20,000 to start an upholstery business. Subsequently, Lars cannot repay Keiko. Is this a business or a non-business bad debt and how much may Keiko deduct in the current year? 2012 Cengage Learning
  • 31. Solution Example Keiko (a dentist) loans her friend, Lars, $20,000 to start an upholstery business. Subsequently, Lars cannot repay Keiko. Is this a business or a non-business bad debt and how much may Keiko deduct in the current year? Solution This is a non-business bad debt as Keiko is not in the business of loaning money. It is a short-term capital loss (limited to $3,000 of deduction against ordinary income in any one year). She may carry forward the balance of the capital loss to future years. 2012 Cengage Learning
  • 32. Office in Home (OIH)  Deduction for business use of a home is allowed only by exception, including ◦ Home used regularly and exclusively as principal place of business or required for the “convenience of employer” when regular office not provided or ◦ The regular place to manage business or meet with clients/patients or ◦ Office is separate structure and used exclusively for business or ◦ Dwelling unit is used for inventory storage and home is taxpayer’s sole place of business 2012 Cengage Learning
  • 33. OIH – Gross Income Limitation  OIH deduction cannot be used to create a net loss for the business ◦ Other than allocable portion of mortgage interest and property taxes ◦ These are generally tax deductible anyway ◦ Any excess can be carried forward to future years  The other costs of operating a home which are included in the home office allocation include o Rent, home insurance, repairs, cleaning, gardening, homeowners' association dues, and depreciation on the cost of the home o Any excess can be carried forward to future years 2012 Cengage Learning
  • 34. OIH – Form 8829  CompleteForm 8829 – “Expenses for Business Use of Your Home” ◦ If taxpayer is self-employed  Allowable deduction carries from 8829 to bottom of Schedule C ◦ If taken as an employee business expense  Allowable deduction carries to Schedule A ◦ But can only take if necessary for employer convenience and ◦ Employer does not provide a regular office 2012 Cengage Learning
  • 35. OIH Allocation  Allocation % done on basis of square footage Home office square footage/Total home square footage  Twocolumns on 8829 for office in home expenses ◦ Direct expenses  Work done directly on home office - for example new cabinetry in home office ◦ Indirect expenses  Applicable to entire home and allocable to OIH (for example, cleaning service)  These costs are multiplied by OIH allocation % 2011 Cengage Learning
  • 36. OIH Example Example Kitty, a part time cartographer, maintains an office in her home where she reads electronic maps and keeps client records. She allocates $12,000 in mortgage interest and taxes to her OIH and collects $11,000 in fees. Assuming no other business expenses, what is her current year OIH deduction? How would this change if she also allocated $2,500 in maintenance and utilities? Will she have an OIH carry forward in the first scenario? 2012 Cengage Learning
  • 37. Solution Example Kitty, a part time cartographer, maintains an office in her home where she reads electronic maps and keeps client records. She allocates $12,000 in mortgage interest and taxes to her OIH and collects $11,000 in fees. Assuming no other business expenses, what is her current year OIH deduction? How would this change if she also allocated $2,500 in maintenance and utilities? Will she have an OIH carry forward in the first scenario? Solution In the first example, she may deduct the entire $12,000 with no loss carry forward. In the second scenario, she would not be able to deduct the additional $2,500 as she is limited to the gross income derived from the trade or business, resulting in a $2,500 OIH carry forward. 2012 Cengage Learning
  • 38. Net Operating Losses (NOL)  NOLs are losses resulting from business and casualty items only  First, carry it back two years and then forward twenty ◦ File amendments for prior years on Form 1040X or ◦ Form 1045 (for quick claim for refund) or  May make an irrevocable election to forego carry back, then carry forward ◦ But must elect this in year of loss 2012 Cengage Learning
  • 39. Hobby Losses  Losses are limited for activities not engaged in for profit motive ◦ Can only deduct hobby expenses up to amount of hobby income  Hobby income must always be included  If taxpayer can show profit in 3 out of prior 5 years (or 2 out of 7 if involved with horses), then assumed it is verifiable trade/business 2012 Cengage Learning
  • 40. The End 2011 Cengage Learning