Deduction and Interpretation in Tax Law

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Questions and Answers

Quando un agencia interprete un question non directly addressate per Congress, que happen si su interpretation es reasonable?

  • Le regla del agencia es upholded. (correct)
  • Le regla del agencia non es valide.
  • Congress deve revidir le interpretatio.
  • Le agency perde su autoritate.

Que significa le principio de Chevron in relation a autoritate legislative?

  • Congress ha delegato autoritate a agencias pro reglar le IRC. (correct)
  • Le agency debe sempre seguir le directrices de Congress.
  • Congress ha le ultime autoritate in omnes casos.
  • Un agencia non pote interpretar le leges.

Si Congress non ha addressate un question specifice, que debe le agencia realizar?

  • Cercar un interpretation reasonable del question. (correct)
  • Decider per se como abordar le question.
  • Ignorar le question e esperar un reaction de Congress.
  • A esperar directivitas explicite de le presidente.

Ubi pote Congress regular le interpretazione del IRC?

<p>Per la delegation de autoritate a le treasury. (D)</p> Signup and view all the answers

Quo es le requisito principale pro le deduction de negocio qualifyte sub §199A?

<p>Le income debe provenir de un fonte qualificate. (D)</p> Signup and view all the answers

Que es un consequence quando un agencia interpreta un question directe de Congress?

<p>Le agency debe seguir le directrices de Congress. (A)</p> Signup and view all the answers

Quale es un methodo de deduction sub §195?

<p>Deduction de le cost pro le activitate de negocio. (C)</p> Signup and view all the answers

Quale option representa un aspecto critical pro le deduction de business qualifyte?

<p>Le qualitate del income es importante. (D)</p> Signup and view all the answers

Como pote un negocio qualificate beneficiarse del §199A?

<p>Per reclamar un deduction de up to 20% del income qualifyte. (C)</p> Signup and view all the answers

Quo es le consequence de non complir con le conditiones de §195?

<p>Le deduction es rejectate. (A)</p> Signup and view all the answers

Quo es le criteria pro expensas éducational qualificate que non es includite in le reddito imposable?

<p>Tuitiones e fees necessar pro le classes (B)</p> Signup and view all the answers

Qual es le maximum pro le deduction de programas de assistentia éducational fornecite per le empregante?

<p>$5,250 (A)</p> Signup and view all the answers

Qual considera le tuition reduction qualificate pro le employatos?

<p>Es excludite de reddito si non standard (D)</p> Signup and view all the answers

Quo es inclus in le reddito imposable de un beca si non es pro expensas qualificate?

<p>Lo que non es usate pro tuition (B)</p> Signup and view all the answers

Quo es le condition pro le exclusion de tuition reduction qualificate pro studentes graduales?

<p>Studente deve laborar in un projecto de ricerca (D)</p> Signup and view all the answers

Quae es le relation inter le costo de consumo e le piacere in le context de gambling?

<p>Un maior costo de consumo pote resultare in un menor piacere tu же considera le gambling. (D)</p> Signup and view all the answers

In le contexto de gambling, como se modifica le piacere del consumator pendant le processo de consumo?

<p>Il diminuisce in le caso de perdas continuate. (B)</p> Signup and view all the answers

Quo pote realmente arguer se considera le gambling sicut un forme de consumo?

<p>Gambling non es un forme real de consumo pro su natura distruttive. (B)</p> Signup and view all the answers

Commo le concept de 'costo de consumo' se applica generalemente al gambling?

<p>Le costo continua a aumentarsi seu le pleasure non aumenta. (D)</p> Signup and view all the answers

Qual es un misconception comun in relation al gambling e le consumo?

<p>Gambling es un forme productiva de consumo. (C)</p> Signup and view all the answers

Quando le expensas de un employato deveni expensas de su proprie commercio?

<p>Quando illos non son reimbursed per le empleador (C)</p> Signup and view all the answers

Qual de iste affirmations es ver quando se tracta de expensas non reimbursed?

<p>Illes deveni expensas de commercio del employato (D)</p> Signup and view all the answers

Qual es le requisito pro que le expensas del employato venga considerate como expensas de un commercio?

<p>Illos deberea non esser reimburse per le employer (D)</p> Signup and view all the answers

Quo se passa con expensas quando illos son reimbursed per le employer?

<p>Illos non son consideratos del employato (A)</p> Signup and view all the answers

Quis es responsabile pro expensas de commercio quando un employato non es reimbursed?

<p>Le employato (A)</p> Signup and view all the answers

Qual section trata de expensas per negocios?

<p>§162 (A)</p> Signup and view all the answers

Quo es disallowate per §262?

<p>Expensas personali, de vita, o de familia (C)</p> Signup and view all the answers

Quo §165 non tracta?

<p>Expensas (A)</p> Signup and view all the answers

Qual section es specificate pro perditas de investimentos?

<p>§165 (C)</p> Signup and view all the answers

Quo type de expensas es permitte sub §162?

<p>Expensas operative de negocios (C)</p> Signup and view all the answers

What must exist for a gift to have implications regarding the business relationship between the donor and donee?

<p>A significant business relationship (A)</p> Signup and view all the answers

Which of the following statements is true regarding interest or income generated from a gift?

<p>It is included in the gross income of the recipient. (C)</p> Signup and view all the answers

What does the inclusion of interest or income in the gross income of the recipient signify?

<p>The recipient must report it as taxable income. (D)</p> Signup and view all the answers

In which scenario is the relationship between the gift and the recipient’s gross income most affected?

<p>When there is a significant business relationship (C)</p> Signup and view all the answers

What implication does a gift have when involving a significant business relationship?

<p>The gift may have to be reported differently for tax purposes. (D)</p> Signup and view all the answers

Which section discusses disallowance of losses?

<p>§267 (C)</p> Signup and view all the answers

What is a key consideration under §199A regarding business deductions?

<p>They can include specified service trades. (A)</p> Signup and view all the answers

What does §262 generally disallow?

<p>Personal living expenses. (C)</p> Signup and view all the answers

Which type of expenses does §165 encompass?

<p>Investment losses. (A)</p> Signup and view all the answers

What must be shown for employee expenses to qualify as business expenses?

<p>They are necessary and ordinary. (B)</p> Signup and view all the answers

What happens to bond prices when interest rates increase?

<p>Bond prices decrease (A)</p> Signup and view all the answers

What is true about zero coupon bonds?

<p>They do not make payments until maturity (B)</p> Signup and view all the answers

Which statement about the relationship between interest rates and bond prices is correct?

<p>A decrease in interest rates results in an increase in bond prices (A)</p> Signup and view all the answers

What distinguishes a zero coupon bond from other types of bonds?

<p>It pays no interest until it matures (C)</p> Signup and view all the answers

What is the effect of a decrease in interest rates on bond investment?

<p>It encourages holding existing bonds (B)</p> Signup and view all the answers

What is the status of commissions paid in selling securities according to §212?

<p>They are an offset against the selling price. (C)</p> Signup and view all the answers

How are commissions classified for dealers in securities?

<p>As an ordinary and necessary business expense. (B)</p> Signup and view all the answers

What does §212(3) imply about its relationship to §212?

<p>It should be a separate code provision. (D)</p> Signup and view all the answers

When were commissions related to selling securities addressed in the context of §212?

<p>Ten years after the enactment of §212. (C)</p> Signup and view all the answers

What category of expense do commissions fall under for dealers in securities?

<p>Ordinary and necessary business expenses. (C)</p> Signup and view all the answers

What is the maximum exclusion amount from gain on the sale of a principal residence for single taxpayers?

<p>$250,000 (A)</p> Signup and view all the answers

Which requirement must be met to qualify for the exclusion of gain from the sale of a principal residence?

<p>The taxpayer must have occupied the residence for 2 of the last 5 years. (D)</p> Signup and view all the answers

For joint taxpayers, what is the maximum exclusion amount from gain on the sale of a principal residence?

<p>$500,000 (C)</p> Signup and view all the answers

How long must a taxpayer occupy their principal residence within the five-year period to qualify for the exclusion?

<p>2 years (B)</p> Signup and view all the answers

Which of the following statements about the exclusion from gain on the sale of a principal residence is incorrect?

<p>It applies to all types of residences. (C)</p> Signup and view all the answers

What is the basis for intangible property deductions under ARP §197?

<p>Deductions taken over a maximum period of 20 years (C)</p> Signup and view all the answers

Which types of property are excluded from ARP limitations?

<p>Real property only (B)</p> Signup and view all the answers

For property to qualify under ARP, what must the ARP be?

<p>Less than 20 years (D)</p> Signup and view all the answers

Which of the following statements is true regarding real property and ARP?

<p>Real property is exempt from ARP regulations (B)</p> Signup and view all the answers

What is a notable characteristic of property that typically qualifies under ARP regulations?

<p>It often has an ARP of less than 20 years (C)</p> Signup and view all the answers

Which income qualifies for the 20% deduction under §199A?

<p>Business income from self-employment (B)</p> Signup and view all the answers

What primary change did the 2017 TCJA introduce regarding business deductions?

<p>Implementation of a 20% deduction for qualifying business income (B)</p> Signup and view all the answers

What is excluded from the 20% deduction eligibility under §199A?

<p>Investment income from dividends (D)</p> Signup and view all the answers

Under which section is the deduction for business income clearly defined?

<p>§199A (A)</p> Signup and view all the answers

Which of the following statements is correct regarding the deduction eligibility under §199A?

<p>It is limited to specific types of business income. (A)</p> Signup and view all the answers

Under which section can business-related deductible expenses be classified?

<p>§162(a) (D)</p> Signup and view all the answers

Which statement best relates to the treatment of investment expenses?

<p>They can be deductible under §212 if related to depreciable property. (C)</p> Signup and view all the answers

What is the prerequisite for claiming a business deduction under §199A?

<p>The trade must qualify as a specified service trade or business. (C)</p> Signup and view all the answers

Which of the following is true regarding the classification of losses under §165?

<p>It encompasses both trade and investment losses. (B)</p> Signup and view all the answers

What type of income is included when evaluating an individual's gross income from gifts?

<p>Interest or income generated from the investments made with the gifted amount. (D)</p> Signup and view all the answers

Which of the following accurately describes customary expenses in a business context?

<p>Ordinary expenses that are typically expected in the industry. (B)</p> Signup and view all the answers

What type of expenditure is NOT classified as a capital expenditure?

<p>Routine maintenance costs that keep business operations normal. (D)</p> Signup and view all the answers

Which scenario best illustrates an expense that is foreseeable to arise in business?

<p>Seasonal inventory purchases based on market trends. (C)</p> Signup and view all the answers

What does the term 'customary' imply about a business expense?

<p>It is an expense that aligns with industry norms and practices. (D)</p> Signup and view all the answers

In what context would an expense not be considered foreseeable for a business?

<p>An unexpected rise in raw material costs due to market changes. (B)</p> Signup and view all the answers

What characterizes an expense as preferable in terms of immediate benefit?

<p>It can be deducted immediately. (A)</p> Signup and view all the answers

Which statement best describes the issue faced when determining whether a payment is an expense or a capital expenditure?

<p>Capital expenditures are less beneficial for immediate tax deductions. (A)</p> Signup and view all the answers

In financial reporting, what is the primary distinction between an expense and a capital expenditure?

<p>Expenses contribute to current period benefits. (C)</p> Signup and view all the answers

What is the implication of categorizing a payment incorrectly as a capital expenditure?

<p>It could lead to missing tax deductions. (B)</p> Signup and view all the answers

Why is it important to differentiate between expenses and capital expenditures in business accounting?

<p>It influences how and when tax benefits are realized. (B)</p> Signup and view all the answers

What should a transferor do if the property they hold depreciates before passing it on?

<p>Sell the property before passing it on. (C)</p> Signup and view all the answers

Why is applying transferred basis justifications more challenging when a decedent is not alive?

<p>Because there is no direct evidence of the decedent’s basis. (B)</p> Signup and view all the answers

What happens to the loss from property depreciation if the transferor does not sell the property?

<p>The loss disappears completely. (C)</p> Signup and view all the answers

What is a common misconception regarding the decedent's basis in property for transfer purposes?

<p>The basis automatically adjusts to fair market value at death. (D)</p> Signup and view all the answers

Which potential issue arises from the lack of a living decedent during property transfer?

<p>Potential for double taxation is exacerbated. (C)</p> Signup and view all the answers

What qualifies as a principal residence under §163(h)(4)(A)(i)?

<p>A property where the majority of time is spent. (D)</p> Signup and view all the answers

How many residences can one claim under the principal residence definition?

<p>Only one principal residence and one other residence. (D)</p> Signup and view all the answers

What is the significance of 'acquisition indebtedness' in this context?

<p>It pertains to loans taken to purchase a principal or second residence. (B)</p> Signup and view all the answers

Which statement is incorrect regarding the principal residence's residency requirement?

<p>A principal residence can be a vacation home if it's not the main residence. (A)</p> Signup and view all the answers

Which of the following is NOT a characteristic of a principal residence under §163(h)(4)(A)(i)?

<p>It can be claimed if it's used as a rental property. (C)</p> Signup and view all the answers

Flashcards

Delegated Rule-Making

When a governing body gives authority to another body to create rules on a specific topic.

Requirements §195

Le specific regulations pro deduction under section 195.

4 ways to deduct §195

Quadruple methods for deduction sotto section 195.

Reasonable Agency Interpretation

When an agency's interpretation of a law is logical and follows the intent of the law.

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Qualified Business Income §199A

Le deduction for income generated by a business, specificated by section 199A.

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Congress Direct Address

Whether or not Congress directly addressed the legal problem in a particular case.

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Deduction

A reduction in taxable income.

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Treasury Regulations

Rules that the U.S. Treasury Department makes about the Internal Revenue Code.

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Section 195

A specific section of tax law.

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Chevron Doctrine

Legal principle for evaluating agency interpretations when Congress has delegated rule-making authority.

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Qualified Scholarship 117(a), 117(b)(2)

Certain scholarship amounts are excluded from gross income (GI).

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Qualified Tuition and Related Expenses 117(b)(2)

Tuition, fees, required books, supplies, and equipment are excluded from gross income (GI).

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Unqualified Scholarship Portion

Remaining scholarship amounts, not used for qualified expenses, are included in gross income (GI).

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Qualified Tuition Reduction 117(d)

Reductions in tuition for employees (or their children) at educational institutions, excluded from GI, excluding those for graduate level study.

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Educational Assistance Programs

Employer-provided assistance for employee education; limited to $5,250.

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Gambling consumption

Gambling is different from typical consumption. Increasing consumption generally leads to increased pleasure, but in gambling, losing leads to decreased pleasure.

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Consumption relation

Normal consumption generally creates a positive relationship between the expense and satisfaction one receives.

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Gambling pleasure

The satisfaction you get from gambling is not directly influenced by the amount gambled, but by winning. Losing reduces the pleasure.

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Gambling & satisfaction

Gambling's pleasure is inversely proportional to the amount lost. As losses increase, pleasure decreases.

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Consumption & satisfaction

Typical consumption increases satisfaction relative to cost. More money spent typically means more enjoyment.

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Spese de Travalio

Spese associate con le travalio que non es reimburse per le empleator.

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Gasto de Negocio

Spese associate con un negocio. In iste contexto, le spese de travalio deveni spese de negocio si le empleator non le reimburse.

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§67

Un section del codice fiscal que determina quando le spese de travalio deveni spese de negocio.

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Reimbursement

Quando le empleator paga pro le spese de travalio del empleate.

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Employer

Le persona o organisation que paga un persona pro travalio.

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§162: Deduction de Expense de Negotio

§162 permite le deduction de expense de negotio, simile a como le lege §165 permite le deduction de expense personal.

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§165: Deduction de Perdita de Investimento

§165 se concentra in le deduction de perdita de investimento, non expense, differentiate ab §162.

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§262: Deduction Disallowate

§262 prohibi le deduction de expense personal, familiar e de vita, adifferentia de expense de negotio.

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Deduction: Reductio de Impuesto

Un deduction es un reduction in le summa de imposto que tu debe pagar.

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Lege §165 vs. §162: Le Diferencia

§165 se concentra in le perdita de investimento, dum que §162 se concentra in le expense de negotio. Ambos provide possibilitates de deduction.

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Gross Income

The total amount of income you receive from all sources before deductions and exemptions are taken out.

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§165: Deduction of Investment Loss

This section allows you to deduct losses from investments, but not regular expenses. It is different from Section 162.

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§262: Disallowance of Deductions

This section prohibits deductions for personal, family, and living expenses, unlike business expenses.

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Inverse Relationship: Interest Rates & Bond Prices

When interest rates rise, bond prices fall, and vice versa. This happens because investors demand higher returns when interest rates are high, making existing bonds with lower yields less attractive.

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Zero Coupon Bond

A bond that doesn't pay regular interest payments but instead offers a lump sum payment at maturity, which is usually greater than the initial investment.

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Why Do Zero Coupon Bonds Pay More at Maturity?

Since no interest is received periodically, the bond's price is discounted upfront to reflect the future interest earnings. This discount is factored into the final payout, making it larger than the initial investment.

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What is a Bond?

A loan that you give to a government or corporation, in exchange for fixed interest payments and the principal repayment at maturity.

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How Do Interest Rates Affect Bond Yields?

When interest rates increase, newly issued bonds offer higher yields to attract investors. This makes existing bonds with lower yields less appealing, decreasing their price.

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Gift Tax

A tax levied on the transfer of property by gift, usually paid by the donor, based on the fair market value of the gift.

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Gift Income

The amount of income generated from a gift that the recipient must include in their gross income for tax purposes.

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§102(b)

This section of the Internal Revenue Code specifies that income generated from a gift must be included in the recipient's gross income.

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Donor-Donee Business Relationship

A significant business connection between the person giving the gift (donor) and the person receiving it (donee).

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Exception to Gift Tax

Certain types of gifts, like scholarships or educational assistance, may be excluded from gift tax, even if there is a potential business relationship.

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Principal Residence Exclusion

The ability to exclude up to $250,000 (or $500,000 for joint filers) of gain from the sale of a principal residence from taxable income.

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121(b)(1)

This section of the tax code outlines the requirements for the principal residence exclusion.

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Principal Residence Occupancy Requirement

The taxpayer must have lived in the property as their primary residence for at least two of the five years preceding the sale.

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121(a)

This section outlines that the taxpayer must occupy the principal residence for at least two of the last five years to qualify for the exclusion.

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Joint Filers

Married couples who file their taxes together may be able to exclude up to $500,000 of gain from the sale of their principal residence.

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ARP (Amortization Recovery Period)

The period over which an intangible asset is deducted for tax purposes. It's typically less than 20 years for most assets, except real property.

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Intangible Property

Assets that lack physical form, like patents, copyrights, and trademarks. They are depreciated over time for tax purposes.

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Real Property

Land and any permanent structures attached to it, like buildings or fences. It's an exception and has a longer amortization period than most intangible assets.

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Intangible Asset Deduction

The tax deduction allowed for intangible assets, spread over the Amortization Recovery Period (ARP). This reduces taxable income and the amount of taxes owed.

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Commissions as Business Expense (Dealers)

Commissions paid on securities sales are usually deducted from the selling price. However, for securities dealers, these commissions can be treated as a regular business expense.

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Deduction vs. Offset

A "deduction" directly reduces your taxable income, while an "offset" reduces the amount you earn before taxes are calculated.

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§199A Deduction

A 20% deduction for qualified business income (QBI), which applies to business income, not salary. It's often referred to as the "pass-through deduction."

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What is Qualified Business Income (QBI)?

QBI is the income generated from a business, but excludes things like salary or wages. It's the profit generated by a business after expenses.

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TCJA

The Tax Cuts and Jobs Act of 2017, a major piece of legislation that significantly changed the US tax code. It introduced the §199A deduction, among other changes.

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How does the §199A deduction benefit entrepreneurs?

The §199A deduction provides a significant tax break for entrepreneurs and small business owners, reducing their tax liability and potentially increasing their after-tax income.

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Why does §199A only apply to business income, not salary?

It's designed to incentivize business activity and entrepreneurship, rather than regular employment. It aims to support small businesses and encourage investment.

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Depreciation Loss on Transfer

When a property loses value before being transferred to a beneficiary, the transferor should sell it to recognize the loss. Otherwise, the loss is not recognized for tax purposes.

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Assignment of Income

A tax principle stating that income must be taxed to the person who earns it, regardless of who actually receives it.

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Basis & Double Taxation

Double taxation can occur if the basis of a transferred asset cannot be determined, as it affects both the transferor's and recipient's tax liabilities.

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Tax Implications of Gifts

Generally, income generated from gifts is taxable to the recipient. However, there may be exceptions for certain gifts, like scholarships, where the donor and donee have a business relationship.

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Gross Income (GI)

The total amount of money you receive from all sources before any deductions or exemptions are taken out.

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Trade or Business Expense Deduction

Expenses related to your trade or business can be deducted from your income, reducing your taxable income.

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Investment Expense Deduction

Expenses associated with investments, like those for property or securities, can be deducted from your income.

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Deductible Property

Property used for your trade or business that can be deducted over time as it loses value (depreciates).

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Expense vs. Capital Expenditure

An expense provides immediate benefit, while a capital expenditure provides long-term benefits. It's a frequently debated topic in tax law.

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What is Qualified Business Income?

Income generated from a business, excluding salary or wages. Think of it as the profit earned after all expenses are paid.

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Ordinary Expense

A business expense that is typical, expected, and frequently incurred in the course of business operations.

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Section 262: Disallowed Deductions

This section of the tax code prohibits deductions for personal, family, and living expenses. It's designed to prevent taxpayers from claiming expenses not directly related to business activities.

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Capital Expenditure?

A cost incurred for an asset that will be used over a long period (more than one year) and is expected to generate future revenue.

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Qualified Business Income (QBI)

The income generated from a business, which excludes things like salary or wages. It's the profit earned after deducting business expenses.

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Principal Residence

The home where you spend the majority of your time, which is usually exempt from capital gains taxes when sold.

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Acquisition Indebtedness

Debt specifically taken out to buy a house, generally considered "qualified debt" for deductions.

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§163(h)(4)(A)(i)

This section of the tax code specifies that you can only have one other residence besides your principal residence to qualify for deductions.

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Interest Rate Impacts on Bond Prices

When interest rates increase, bond prices decrease, and vice versa. This is because investors demand a higher return when rates are high.

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Study Notes

Overview of Federal Income Taxation

  • Federal income taxation encompasses gross income, deductions, calculating tax liability, and relevant code provisions.
  • Key considerations include efficiency, equity, and simplicity in tax policy.
  • The Tax Reform Act of 1986 significantly altered taxation.
  • Bond pricing and relationships with market rates are important concepts.
  • Various tax systems exist, including progressive, flat, consumption, and wage tax systems.
  • Realization events are crucial in determining gross income.

Gross Income—§61

  • Gross income encompasses all income from wherever it's derived, including compensation, business income, gains from property, interest, rents, royalties, dividends, annuities, income from life insurance and endowment contracts, pensions, discharge of indebtedness, distributive shares of partnerships, income in respect of a decedent, and income from interests in estates or trusts.
  • Key elements to determine gross income are clear realization, undeniable accession, and dominion of wealth.

Inclusions to Gross Income

  • Compensation for services is categorized by pay, benefits, and services to third-parties, payments to discharge debt, and payment for anyone's benefit.
  • Prizes and awards, scholarships, annuities, compensatory and punitive damages, social security benefits, and discharge of indebtedness are other relevant inclusions.

Exclusions from Gross Income

  • Income from gifts and inheritances, life insurance, state and local bonds, certain damages, employee benefits, life insurance proceeds, and certain prizes or awards.

Deductions—Generally

  • Deductions are categorized as above-the-line (AGI deductions) and below-the-line (itemized deductions).
  • Business expenses, investment expenses, and personal expenses are relevant types of deductions.
  • Key laws include §162, §163, §164, §165, §166, and §167.

Business Deductions

  • Ordinary and necessary business expenses are deductible.
  • Expenses must be directly related to a trade or business.
  • Start-up expenses, employee benefits, and expenses to find a new job can potentially qualify for deductions.

Deductions for Investment Activities

  • §212 deductions are for investment activities, separate from business activities.
  • Deductions for personal interest, qualified residence interest, investment interest, and taxes (federal, state, local) are common.

Depreciation and Losses

  • Depreciation reflects declines in the value of equipment, machinery, and similar items.
  • Depreciation methods include the accelerated cost recovery system (MACRS), 200% declining balance method, 150% declining balance method, and the straight-line method.
  • Loss deductions are significant for businesses and individuals in specific circumstances (including those with personal casualties).

Capital Expenditures

  • Capital expenditures are those with a useful life beyond the current tax year.
  • Capital expenditures are distinguished from repairs and improvements, which have a non-substantial effect on the asset.

Capital Gains and Losses

  • Capital assets include certain types of property (stocks, bonds, real estate) held for investment purposes.
  • Income from the sale of capital assets is taxed differntly than other income.
  • Capital assets have holding periods that affect the tax treatment of gains or losses.

Income Producing Entities

  • Corporations, partnerships, and limited liability companies (LLCs) are separate taxable entities.
  • Trusts and estates have unique tax treatments.

Characterization Preferences

  • Special rules exist for certain kinds of gains and losses (e.g., §1231, capital gains).
  • Several provisions dictate the treatment of gains or losses relating to certain categories.

Tax Credits

  • Tax credits directly reduce tax liability.
  • These credits may or may not be refundable, depending on other factors.

Bad Debt Deductions

  • Bad debts are deductible for both business and personal losses.
  • Individuals have to provide substantial evidence to prove a debt is worthless to receive a business deduction.

Tax Accounting Methods

  • Cash method uses the receipt of cash for income reporting.
  • Accrual method recognizes income when services are performed.
  • Installment method spreads income recognition over a period.

Separation and Divorce

  • Alimony and maintenance payments can have different tax implications.
  • Property settlement provisions have consequences on tax liability.
  • Attorney's fees in divorce proceedings are typically not deductible.

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