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Chapter 10 Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson Learning Copyright ©2007 South-Western/Thomson Learning Individual Income Taxes Individual Income Taxes

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Page 1: Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson

Chapter 10Chapter 10

Deductions and Losses:Certain Itemized Deductions

Deductions and Losses:Certain Itemized Deductions

Copyright ©2007 South-Western/Thomson LearningCopyright ©2007 South-Western/Thomson Learning

Individual Income TaxesIndividual Income Taxes

Page 2: Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson

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Itemized Deductions(slide 1 of 2)

Itemized Deductions(slide 1 of 2)

• Personal expenditures that are deductible FROM AGI as itemized deductions include: – Medical expenses– Taxes– Interest– Charitable Contributions– Miscellaneous itemized deductions

• Personal expenditures that are deductible FROM AGI as itemized deductions include: – Medical expenses– Taxes– Interest– Charitable Contributions– Miscellaneous itemized deductions

Page 3: Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson

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Itemized Deductions(slide 2 of 2)

Itemized Deductions(slide 2 of 2)

• Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer

• Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer

Page 4: Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson

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Medical Expenses (slide 1 of 6)

Medical Expenses (slide 1 of 6)

• Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents– Includes prescription drugs and insulin

• Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents– Includes prescription drugs and insulin

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Medical Expenses (slide 2 of 6)

Medical Expenses (slide 2 of 6)

• Does not include the cost of items such as :– Elective cosmetic surgery– General health items– Nonprescription drugs

• Does not include the cost of items such as :– Elective cosmetic surgery– General health items– Nonprescription drugs

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Medical Expenses (slide 3 of 6)

Medical Expenses (slide 3 of 6)

• Medical expenditures are deductible in year paid – Includes payment by check or credit card

• Medical expenditures are deductible in year paid – Includes payment by check or credit card

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Medical Expenses (slide 4 of 6)

Medical Expenses (slide 4 of 6)

• Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI

• Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI

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Medical Expenses (slide 5 of 6)

Medical Expenses (slide 5 of 6)

• Example of medical expense deduction limitation:– Amy has AGI of $10,000 and medical expenses

of $1,000– Amy’s medical expense deduction =

$250[$1,000 – ($10,000 × 7.5%)]

• Example of medical expense deduction limitation:– Amy has AGI of $10,000 and medical expenses

of $1,000– Amy’s medical expense deduction =

$250[$1,000 – ($10,000 × 7.5%)]

Page 9: Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson

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Medical Expenses (slide 6 of 6)

Medical Expenses (slide 6 of 6)

• Example of medical expense deduction limitation:– Bob has AGI of $4,000 and medical expenses

of $1,000– Bob’s medical expense deduction = $700

[$1,000 – ($4,000 × 7.5%)]

• Example of medical expense deduction limitation:– Bob has AGI of $4,000 and medical expenses

of $1,000– Bob’s medical expense deduction = $700

[$1,000 – ($4,000 × 7.5%)]

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Nursing Home ExpendituresNursing Home Expenditures

• If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify

• If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)

• If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify

• If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)

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Special School ExpendituresSpecial School Expenditures

• If primary purpose of placement in school is medical, costs (including meals, lodging, and tuition) qualify as medical expenses

• If primary purpose of placement in school is personal, only specific medical costs qualify (no meals or lodging)

• If primary purpose of placement in school is medical, costs (including meals, lodging, and tuition) qualify as medical expenses

• If primary purpose of placement in school is personal, only specific medical costs qualify (no meals or lodging)

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Capital Medical ExpendituresCapital Medical Expenditures

• May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc.

• Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable

• Full amount of cost is medical expense in year paid

• Maintenance on capital expenditures also medical expense

• May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc.

• Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable

• Full amount of cost is medical expense in year paid

• Maintenance on capital expenditures also medical expense

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Capital Improvement to HomeCapital Improvement to Home

• Deductible medical expense only to extent cost exceeds increase in value of home– Appraisal costs related to capital improvements

are also deductible, but not as medical expenses

• Exception: removal of structural barriers to home of handicapped are deemed to add no value to home– Thus, full amount is a medical expense

• Deductible medical expense only to extent cost exceeds increase in value of home– Appraisal costs related to capital improvements

are also deductible, but not as medical expenses

• Exception: removal of structural barriers to home of handicapped are deemed to add no value to home– Thus, full amount is a medical expense

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Medical Care of Spouse and Dependents

Medical Care of Spouse and Dependents

• Taxpayer may deduct cost of medical care for spouse and dependents– Dependents need not meet gross income or

joint return tests– Medical expenses of children of divorced

parents can be deducted by non-custodial parent even though child is dependent of custodial parent

• Taxpayer may deduct cost of medical care for spouse and dependents– Dependents need not meet gross income or

joint return tests– Medical expenses of children of divorced

parents can be deducted by non-custodial parent even though child is dependent of custodial parent

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Medical Transportation and Lodging

Medical Transportation and Lodging

• Transportation costs to and from medical care are deductible– Mileage allowance of 18 cents per mile (in 2006) may

be used instead of actual out-of-pocket automobile expenses

• Lodging while away from home for medical care– Allowable amount is $50 per person per night

• If parent and/or aide needs to accompany patient, their expenses are also deductible

• Transportation costs to and from medical care are deductible– Mileage allowance of 18 cents per mile (in 2006) may

be used instead of actual out-of-pocket automobile expenses

• Lodging while away from home for medical care– Allowable amount is $50 per person per night

• If parent and/or aide needs to accompany patient, their expenses are also deductible

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Health Insurance PremiumsHealth Insurance Premiums

• Premiums paid for medical care insurance are deductible medical expenses

• For self-employed, 100% of insurance premiums are deductible FOR AGI– Not allowed if taxpayer is eligible to participate

in a subsidized health plan maintained by any employer of the taxpayer or of the taxpayer’s spouse

• Premiums paid for medical care insurance are deductible medical expenses

• For self-employed, 100% of insurance premiums are deductible FOR AGI– Not allowed if taxpayer is eligible to participate

in a subsidized health plan maintained by any employer of the taxpayer or of the taxpayer’s spouse

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Reimbursement by Medical Insurance

Reimbursement by Medical Insurance

• If reimbursed in same year as expense paid:– Reimbursement offsets medical expense – Amount deductible is excess of expenses over

reimbursement• If reimbursed in the year after medical

expenses were paid:– Reimbursement is income only to extent

medical deduction was taken by taxpayer (tax benefit rule)

• If reimbursed in same year as expense paid:– Reimbursement offsets medical expense – Amount deductible is excess of expenses over

reimbursement• If reimbursed in the year after medical

expenses were paid:– Reimbursement is income only to extent

medical deduction was taken by taxpayer (tax benefit rule)

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Example of Medical Reimbursements (slide 1 of 2)

Example of Medical Reimbursements (slide 1 of 2)

• In 2006, taxpayer paid medical expenses = $1,200; In 2006, reimbursed $800 by insurance company– For 2006, deductible medical expense is

$400 – (7.5% × AGI)

• In 2006, taxpayer paid medical expenses = $1,200; In 2006, reimbursed $800 by insurance company– For 2006, deductible medical expense is

$400 – (7.5% × AGI)

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Example of Medical Reimbursements (slide 2 of 2)

Example of Medical Reimbursements (slide 2 of 2)

• In 2006, taxpayer paid medical expenses of $1,200; In 2007, reimbursed $800 by insurance company– For 2006, deductible medical expense is

$1,200 – (7.5% × AGI)– For 2007, reimbursement is income to extent

taxpayer received a tax benefit from medical expense deduction in 2006

• In 2006, taxpayer paid medical expenses of $1,200; In 2007, reimbursed $800 by insurance company– For 2006, deductible medical expense is

$1,200 – (7.5% × AGI)– For 2007, reimbursement is income to extent

taxpayer received a tax benefit from medical expense deduction in 2006

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Health Savings AccountsHealth Savings Accounts

• Used in conjunction with a high deductible medical insurance policy– Employee contributions to HSA are deductible FOR

AGI and earnings on funds in account are not taxable – Deductible contributions are limited to the sum of the

monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of:

• The annual deductible under a high deductible plan or • $2,700 for self-only ($5,450 for family coverage) in 2006

– Withdrawals from HSA are excludible to the extent used for qualified medical expenses

• Used in conjunction with a high deductible medical insurance policy– Employee contributions to HSA are deductible FOR

AGI and earnings on funds in account are not taxable – Deductible contributions are limited to the sum of the

monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of:

• The annual deductible under a high deductible plan or • $2,700 for self-only ($5,450 for family coverage) in 2006

– Withdrawals from HSA are excludible to the extent used for qualified medical expenses

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Taxes (slide 1 of 4)

Taxes (slide 1 of 4)

• State, local, and foreign income and real property taxes are deductible in the year paid

• State and local personal property taxes based on value (ad valorem) are deductible in the year paid

• State, local, and foreign income and real property taxes are deductible in the year paid

• State and local personal property taxes based on value (ad valorem) are deductible in the year paid

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Taxes (slide 2 of 4)

Taxes (slide 2 of 4)

• Other taxes such as FICA, excise, etc., are not deductible– May be deductible if incurred in business or

production of income activity

• Fees are not deductible as tax

• Other taxes such as FICA, excise, etc., are not deductible– May be deductible if incurred in business or

production of income activity

• Fees are not deductible as tax

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Taxes (slide 3 of 4)

Taxes (slide 3 of 4)

• Real estate taxes for year property is sold must be apportioned between the buyer and the seller– Failure to correctly apportion requires

offsetting adjustments to seller’s amount realized and buyer’s adjusted basis

• Real estate taxes for year property is sold must be apportioned between the buyer and the seller– Failure to correctly apportion requires

offsetting adjustments to seller’s amount realized and buyer’s adjusted basis

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Taxes (slide 4 of 4)

Taxes (slide 4 of 4)

• Can elect to deduct either state & local income taxes or sales/use taxes– For state and local income taxes, deduct amounts paid

during year:• Amounts withheld• Estimated tax payments• Amounts paid in current year for prior year’s liability

– For sales/use taxes, deduct either:• Actual sales/use tax payments or • Amount from an IRS table • Table amount may be increased by sales tax paid on certain

specific items– e.g., Purchase of motor vehicles, boats, etc.

• Can elect to deduct either state & local income taxes or sales/use taxes– For state and local income taxes, deduct amounts paid

during year:• Amounts withheld• Estimated tax payments• Amounts paid in current year for prior year’s liability

– For sales/use taxes, deduct either:• Actual sales/use tax payments or • Amount from an IRS table • Table amount may be increased by sales tax paid on certain

specific items– e.g., Purchase of motor vehicles, boats, etc.

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Interest ExpenseInterest Expense

• Deduction of interest expense is limited to:– Interest on qualified education loans– Investment interest – Qualified residence (home mortgage) interest

• Personal interest expense is not deductible

• Deduction of interest expense is limited to:– Interest on qualified education loans– Investment interest – Qualified residence (home mortgage) interest

• Personal interest expense is not deductible

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Interest on Qualified Education Loans

Interest on Qualified Education Loans

• Deductible For AGI, subject to limits– Maximum deduction is $2,500 per year – Deduction is phased out for taxpayers with

modified AGI (MAGI) between $50,000 and $65,000 ($105,000 and $135,000 on joint returns)

– Not allowed for those claimed as a dependent or for married filing separate returns

• Deductible For AGI, subject to limits– Maximum deduction is $2,500 per year – Deduction is phased out for taxpayers with

modified AGI (MAGI) between $50,000 and $65,000 ($105,000 and $135,000 on joint returns)

– Not allowed for those claimed as a dependent or for married filing separate returns

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Investment Interest (slide 1 of 5)

Investment Interest (slide 1 of 5)

• Definition: interest on loans whose proceeds are used to purchase investment property, e.g., stock, bonds, land

• Deduction of investment interest expense is limited to net investment income

• Definition: interest on loans whose proceeds are used to purchase investment property, e.g., stock, bonds, land

• Deduction of investment interest expense is limited to net investment income

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Investment Interest (slide 2 of 5)

Investment Interest (slide 2 of 5)

• Net investment income:– Investment income less investment expenses

• Net investment income:– Investment income less investment expenses

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Investment Interest (slide 3 of 5)

Investment Interest (slide 3 of 5)

• Investment income:– Gross income from interest, dividends,

annuities, and royalties not derived from business

– Net capital gains and qualified dividends are treated as investment income only if elected

• Amount elected as investment income is not eligible for the 15%/5% rates that otherwise apply to net capital gain and qualifying dividends

• Investment income:– Gross income from interest, dividends,

annuities, and royalties not derived from business

– Net capital gains and qualified dividends are treated as investment income only if elected

• Amount elected as investment income is not eligible for the 15%/5% rates that otherwise apply to net capital gain and qualifying dividends

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Investment Interest (slide 4 of 5)

Investment Interest (slide 4 of 5)

• Investment expenses:– All expenses (other than interest) directly

related to investment income that are allowed as a deduction

– Application of 2% AGI floor for some investment expenses must be considered in computing amount of net investment income

• Investment expenses:– All expenses (other than interest) directly

related to investment income that are allowed as a deduction

– Application of 2% AGI floor for some investment expenses must be considered in computing amount of net investment income

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Investment Interest (slide 5 of 5)

Investment Interest (slide 5 of 5)

• Investment interest disallowed in current year due to limitation is carried forward to future years until ultimately used– Deductibility subject to net investment income

limitation in carryover years

• Investment interest disallowed in current year due to limitation is carried forward to future years until ultimately used– Deductibility subject to net investment income

limitation in carryover years

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Qualified Residence Interest (slide 1 of 4)

Qualified Residence Interest (slide 1 of 4)

• Interest on indebtedness secured by the principal residence and one other residence (qualified residences)

• Interest must be on acquisition or home equity indebtedness

• Interest on indebtedness secured by the principal residence and one other residence (qualified residences)

• Interest must be on acquisition or home equity indebtedness

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Qualified Residence Interest (slide 2 of 4)

Qualified Residence Interest (slide 2 of 4)

• Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences– Interest paid on aggregate acquisition

indebtedness of $1 million or less ($500,000 for married filing separate) is deductible as qualified residence interest

• Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences– Interest paid on aggregate acquisition

indebtedness of $1 million or less ($500,000 for married filing separate) is deductible as qualified residence interest

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Qualified Residence Interest (slide 3 of 4)

Qualified Residence Interest (slide 3 of 4)

• Home equity indebtedness: loans secured by qualified residences

• Interest is deductible only on portion of home equity loan that does not exceed the lesser of:– $100,000, or– FMV of home – acquisition indebtedness

• Home equity indebtedness: loans secured by qualified residences

• Interest is deductible only on portion of home equity loan that does not exceed the lesser of:– $100,000, or– FMV of home – acquisition indebtedness

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Qualified Residence Interest (slide 4 of 4)

Qualified Residence Interest (slide 4 of 4)

• Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million

• Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest

• Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million

• Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest

Page 36: Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2007 South-Western/Thomson

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Interest Paid For Services (slide 1 of 2)

Interest Paid For Services (slide 1 of 2)

• “Points” paid for the use or forbearance of money qualify as deductible interest– Cannot be a service charge if they are to qualify

as deductible interest

• Points generally must be capitalized and amortized over the life of loan

• “Points” paid for the use or forbearance of money qualify as deductible interest– Cannot be a service charge if they are to qualify

as deductible interest

• Points generally must be capitalized and amortized over the life of loan

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Interest Paid For Services (slide 2 of 2)

Interest Paid For Services (slide 2 of 2)

• Exception: Points paid in the acquisition or improvement of personal residence– Entire amount of such points are deductible in

the year paid– Points paid to refinance an existing home

mortgage must be capitalized and amortized over the life of the new loan

• Exception: Points paid in the acquisition or improvement of personal residence– Entire amount of such points are deductible in

the year paid– Points paid to refinance an existing home

mortgage must be capitalized and amortized over the life of the new loan

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Charitable Contributions(slide 1 of 3)

Charitable Contributions(slide 1 of 3)

• Individuals and corporations may deduct contributions made to qualified domestic organizations

• Contributor must have donative intent and expect nothing in return– If contributor receives tangible benefit, the

FMV of such benefit must be deducted from the amount of the contribution

• Individuals and corporations may deduct contributions made to qualified domestic organizations

• Contributor must have donative intent and expect nothing in return– If contributor receives tangible benefit, the

FMV of such benefit must be deducted from the amount of the contribution

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Charitable Contributions(slide 2 of 3)

Charitable Contributions(slide 2 of 3)

• Exception to tangible benefit rule– Allows deduction of 80% of amount paid for

the right to purchase athletic tickets from colleges and universities

• Exception to tangible benefit rule– Allows deduction of 80% of amount paid for

the right to purchase athletic tickets from colleges and universities

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Charitable Contributions(slide 3 of 3)

Charitable Contributions(slide 3 of 3)

• Contribution must be to qualified domestic nonprofit organization or state or possession of U.S. or any subdivisions thereof– Many(but not all) qualified domestic charities

are listed in IRS Publication #78

• Contribution must be to qualified domestic nonprofit organization or state or possession of U.S. or any subdivisions thereof– Many(but not all) qualified domestic charities

are listed in IRS Publication #78

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Contribution of ServicesContribution of Services

• No deduction is allowed for the contribution of services– Unreimbursed expenses related to the services

are deductible– Out-of-pocket transportation costs or a standard

mileage rate of 14 cents per mile are also deductible

• No deduction is allowed for the contribution of services– Unreimbursed expenses related to the services

are deductible– Out-of-pocket transportation costs or a standard

mileage rate of 14 cents per mile are also deductible

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Record-Keeping RequirementsRecord-Keeping Requirements

• No deduction is allowed for contributions of $250 or more without written substantiation from the charitable organization

• Additional information is required if value of property donated is > $500 but not over $5,000

• An appraisal is required for contributions of property valued over $5,000

• No deduction is allowed for contributions of $250 or more without written substantiation from the charitable organization

• Additional information is required if value of property donated is > $500 but not over $5,000

• An appraisal is required for contributions of property valued over $5,000

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Ordinary Income PropertyOrdinary Income Property

• Defined: assets that would produce ordinary income or short-term capital gain if sold

• Contribution amount– FMV of asset less ordinary income (or STCG)

potential; generally the lower of adjusted basis or FMV

• Defined: assets that would produce ordinary income or short-term capital gain if sold

• Contribution amount– FMV of asset less ordinary income (or STCG)

potential; generally the lower of adjusted basis or FMV

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Capital Gain PropertyCapital Gain Property

• Defined: assets that would produce long-term capital gain or Section 1231 gain if sold

• Contribution amount– Generally FMV of asset

• Defined: assets that would produce long-term capital gain or Section 1231 gain if sold

• Contribution amount– Generally FMV of asset

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Exceptions to FMV Deduction of Capital Gain Property (slide 1 of 2)

Exceptions to FMV Deduction of Capital Gain Property (slide 1 of 2)

• Private nonoperating foundations– Deduction for contributions to private

nonoperating foundations must be reduced by the amount of capital gain potential

– Thus, the amount is limited to the adjusted basis

• Private nonoperating foundations– Deduction for contributions to private

nonoperating foundations must be reduced by the amount of capital gain potential

– Thus, the amount is limited to the adjusted basis

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Exceptions to FMV Deduction of Capital Gain Property (slide 2 of 2)

Exceptions to FMV Deduction of Capital Gain Property (slide 2 of 2)

• Tangible personalty– If asset contributed is not used in charity’s

exempt function, the charitable deduction must be reduced by the amount of capital gain potential, thus, limiting the amount to the adjusted basis

• Tangible personalty– If asset contributed is not used in charity’s

exempt function, the charitable deduction must be reduced by the amount of capital gain potential, thus, limiting the amount to the adjusted basis

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Example of Contributions of Tangible Personalty

Example of Contributions of Tangible Personalty

• Taxpayer contributes painting to local charity: FMV $100,000 and adjusted basis $10,000– If charitable organization is a local museum that hangs

the painting for patrons to view, taxpayer has $100,000 contribution deduction

– If charitable organization is a local church that sells the painting immediately to obtain funds for its operation, taxpayer has $10,000 contribution

• Taxpayer contributes painting to local charity: FMV $100,000 and adjusted basis $10,000– If charitable organization is a local museum that hangs

the painting for patrons to view, taxpayer has $100,000 contribution deduction

– If charitable organization is a local church that sells the painting immediately to obtain funds for its operation, taxpayer has $10,000 contribution

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Charitable ContributionLimitations (slide 1 of 4)

Charitable ContributionLimitations (slide 1 of 4)

• 50% limit– In no case can the charitable contribution

deduction for a year exceed 50% of the taxpayer’s AGI

– Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)

• 50% limit– In no case can the charitable contribution

deduction for a year exceed 50% of the taxpayer’s AGI

– Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)

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Charitable ContributionLimitations (slide 2 of 4)

Charitable ContributionLimitations (slide 2 of 4)

• 30% limit– Charitable contribution deduction for certain

assets cannot exceed 30% of the taxpayer’s AGI• Applies to 30% assets which are:

– Capital gain property for which the contribution amount is FMV

– Certain contributions to private nonoperating foundations

• 30% limit– Charitable contribution deduction for certain

assets cannot exceed 30% of the taxpayer’s AGI• Applies to 30% assets which are:

– Capital gain property for which the contribution amount is FMV

– Certain contributions to private nonoperating foundations

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Charitable ContributionLimitations (slide 3 of 4)

Charitable ContributionLimitations (slide 3 of 4)

• 30% limit– Taxpayer can elect to treat capital gain property

as 50% assets by limiting the amount of such contributions to their adjusted bases

• 30% limit– Taxpayer can elect to treat capital gain property

as 50% assets by limiting the amount of such contributions to their adjusted bases

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Charitable ContributionLimitations (slide 4 of 4)

Charitable ContributionLimitations (slide 4 of 4)

• 20% limit– Certain contributions of capital gain property to

private nonoperating foundations

• 20% limit– Certain contributions of capital gain property to

private nonoperating foundations

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Charitable Contributions Carryover

Charitable Contributions Carryover

• Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years– When using carryovers, current contributions

are used first, then carryovers used on a FIFO basis

• Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years– When using carryovers, current contributions

are used first, then carryovers used on a FIFO basis

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Example of Charitable Contribution AGI LimitsExample of Charitable

Contribution AGI Limits

• Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University

• 50% limit = $50,000 30% limit = $30,000– Amount of deduction = $50,000 (40,000 cash + 10,000

stock)

– Contribution carryforward = $25,000 stock (as 30% asset)

• Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University

• 50% limit = $50,000 30% limit = $30,000– Amount of deduction = $50,000 (40,000 cash + 10,000

stock)

– Contribution carryforward = $25,000 stock (as 30% asset)

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Miscellaneous Itemized Deductions

Miscellaneous Itemized Deductions

• Some expenditures are deductible only to the extent they exceed 2% of AGI

• Examples include:– Professional dues– Uniforms– Tax return prep fees– Job-hunting costs– Certain investment expenses– Hobby losses– Unreimbursed employee expenses

• Some expenditures are deductible only to the extent they exceed 2% of AGI

• Examples include:– Professional dues– Uniforms– Tax return prep fees– Job-hunting costs– Certain investment expenses– Hobby losses– Unreimbursed employee expenses

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Misc. Itemized Deductions Not Subject to 2% of AGI Floor

Misc. Itemized Deductions Not Subject to 2% of AGI Floor

• Examples include:– Gambling losses to the extent of gambling winnings

– Impairment-related work expenses of a handicapped person

– Deduction for repayment of amounts under a claim of right if more than $3,000

– Unrecovered investment in a annuity contract when annuity ceases by reason of death

• Examples include:– Gambling losses to the extent of gambling winnings

– Impairment-related work expenses of a handicapped person

– Deduction for repayment of amounts under a claim of right if more than $3,000

– Unrecovered investment in a annuity contract when annuity ceases by reason of death

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Overall Limitation on Itemized Deductions (slide 1 of 3)

Overall Limitation on Itemized Deductions (slide 1 of 3)

• Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions– Threshold amount in 2006 is $150,500

($75,250 if married, filing separately)

• Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions– Threshold amount in 2006 is $150,500

($75,250 if married, filing separately)

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Overall Limitation on Itemized Deductions (slide 2 of 3)

Overall Limitation on Itemized Deductions (slide 2 of 3)

• Itemized deductions subject to possible reduction include:– Taxes, home mortgage interest, charitable

contributions, and miscellaneous deductions

• Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction

• Itemized deductions subject to possible reduction include:– Taxes, home mortgage interest, charitable

contributions, and miscellaneous deductions

• Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction

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Overall Limitation on Itemized Deductions (slide 3 of 3)

Overall Limitation on Itemized Deductions (slide 3 of 3)

• This overall limitation is being phased out over a four-year period, beginning in 2006

• Limitation is calculated using a 2-step process• Step 1: Amount of reduction is lesser of:

• (AGI – threshold) × 3%, or• 80% × total itemized deductions subject to reduction

• Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved– For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount– For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount

• This overall limitation is being phased out over a four-year period, beginning in 2006

• Limitation is calculated using a 2-step process• Step 1: Amount of reduction is lesser of:

• (AGI – threshold) × 3%, or• 80% × total itemized deductions subject to reduction

• Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved– For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount– For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount

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If you have any comments or suggestions concerning this PowerPoint Presentation for West Federal Taxation, please contact:

Dr. Donald R. Trippeer, CPA

[email protected]

SUNY Oneonta

If you have any comments or suggestions concerning this PowerPoint Presentation for West Federal Taxation, please contact:

Dr. Donald R. Trippeer, CPA

[email protected]

SUNY Oneonta