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Chapter 4
   Gross Income:
   Concepts and Inclusions

   Individual Income Taxes
© 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.   1
The Big Picture
    Calculation Of Gross Income (slide 1 of 3)
• At the beginning of the year, Dr. Cliff Payne opened
  his dental practice as a sole proprietorship.
• For his new business, he selected a December 31
  year-end.
• He also entered into a contract to have a building
  constructed for his medical practice.
• He used $12,000 of extra money to purchase some
  stock.



                                                         2
The Big Picture
     Calculation Of Gross Income (slide 2 of 3)
• Dr. Payne’s accounting system provides him with the
  following info regarding the income from his dental practice
  for the 1st year of operation.

   Revenues (amounts billed patients for dental services)   $385,000
   Accounts receivable: January 1                              –0–
   Accounts receivable: December 31                           52,000

• The accounts receivable represent amounts billed patients that
  will be paid by patients, insurance companies, or charged off
  as uncollectible bad debts.

• During the year, Sam Jones, a contractor who owed Dr. Payne
  $4,000 for dental services, satisfied the account by installing
  solar panels on the roof of Dr. Payne’s new medical building.
                                                                       3
The Big Picture
   Calculation Of Gross Income (slide 3 of 3)
• Based on his accounting records he concludes
  that gross income for Federal income tax
  purposes is the $385,000 he billed his patients
  for dental services rendered.

• Has Dr. Payne correctly calculated the gross
  income of this dental practice?
  – Read the chapter and formulate your response.

                                                    4
Gross Income (slide 1 of 3)
• Definition: Gross income includes all income
  from whatever source derived, unless
  specifically excluded under the Code
• Concept is interpreted broadly by the courts




                                                 5
Gross Income (slide 2 of 3)
• Taxability of income follows the realization
  principle from accounting
  – Income is recognized (taxed) when realized
• Mere appreciation in wealth (economic
  income) is not considered realized income




                                                 6
Gross Income (slide 3 of 3)
• Income is recognized whether it is in the form
  of cash, or “in-kind” cash equivalents (i.e.,
  property or services)
  – The amount of income from “in-kind” receipts is
    equal to the FMV of the property or services
• Income does not include recovery of the
  taxpayer’s capital investment



                                                      7
The Big Picture - Example 1
        Recovery Of Capital Doctrine

• Return to the facts of The Big Picture on p. 4-1.
  – Dr. Payne sells common stock for $15,000.
      • He had purchased the stock for $12,000.
   – Dr. Payne’s gross receipts are $15,000.
      • This amount consists of a $12,000 recovery of capital
        and $3,000 of gross income.




                                                                8
The Big Picture - Example 5
                Form Of Receipt
• Return to the facts of The Big Picture on p. 4-1.
  – When Sam Jones performed the services in
    satisfaction of his $4,000 account, Dr. Payne
    realized income equal to the value of the services
    of $4,000.




                                                         9
Accounting Periods
• Taxable year is generally a 12-month period
  – Taxable year for most individual taxpayers is the
    calendar year
  – Fiscal year can be elected if taxpayer maintains
    adequate records
     • Fiscal year is a 12-month period ending on the last day
       of a month other than December
        – Example: July 1 to June 30




                                                                 10
Accounting Methods (slide 1 of 2)
• There are 3 primary methods of accounting for
  tax purposes:
  – Cash receipts and disbursements method
  – Accrual method
  – Hybrid method




                                                  11
Accounting Methods (slide 2 of 2)
• In addition to overall accounting methods,
  taxpayers may choose (elect) tax treatment for
  various transactions, for example
  – Taxpayers can elect to use the installment method
  – Certain contractors may elect to use either the
    percentage of completion method or the completed
    contract method



                                                        12
Cash Receipts Method
• Income is recognized in the year it is actually
  or constructively received in cash or cash
  equivalent
• An amount is constructively received when it
  is set aside and made available to taxpayer
  without substantial restrictions




                                                    13
The Big Picture - Example 10
        Constructive Receipt (slide 1 of 2)
• Return to the facts of The Big Picture on p. 4-1.
  – On December 31, Dr. Payne has $10,000 in
    patients' checks that have not been deposited.
      • One check for $3,000 is from a patient who asked him
        not to deposit it until after January 4th , because her
        account did not contain sufficient funds to pay the debt.




                                                                    14
The Big Picture - Example 10
        Constructive Receipt (slide 2 of 2)
• Under the cash method, Dr. Payne must recognize
  $7,000 income from the checks on hand
   – The checks are a cash equivalent that is actually received.
• The income from the $3,000 check is neither actually
  nor constructively received
   – An insufficient account means the funds are not available.




                                                                   15
The Big Picture - Example 12
         Constructive Receipt (slide 1 of 2)
• Return to the facts of The Big Picture on p. 4-1.
• Assume Dr. Payne elected to use the cash basis of
  accounting.
   – If he accepted credit cards, Dr. Payne would receive
     immediate credit in his bank account for 96% of the
     charge.
       • The other 4% would be retained by the credit card issuer.
   – To avoid the 4% charge, Dr. Payne chose not to accept
     credit cards.
       • Instead, his policy required all bills to be paid within 30 days after
         dental services were provided.


                                                                                  16
The Big Picture - Example 12
       Constructive Receipt (slide 2 of 2)
• At year end, several patients owed a combined
  $2,000.
  – They offered to pay with credit cards, but his
    office rejected their offers.
  – The $2,000 was not constructively received at the
    end of the year.
     • Dr. Payne could have received payment by credit card,
       he contracted to receive payment at a later date before
       the dental services were performed.
     • Moreover, the 4% charge by the credit card company
       would be a ‘‘substantial limitation.’’

                                                                 17
Exceptions To Cash
             Receipts Method
• Original Issue Discount (OID) interest is
  taxable when earned rather than when interest
  is received
• Series E and EE bonds are not subject to the
  OID rules
  – However, a cash basis taxpayer may elect to
    recognize the interest when earned



                                                  18
Accrual Method (slide 1 of 2)
• Income is recognized in the year that it is earned
  regardless of when it is collected
• Income is earned when:
   – All events have occurred that fix taxpayer’s right to the
     income, and
   – The amount can be determined with reasonable accuracy
• The accrual method is required for determining
  purchases and sales when inventory is an income-
  producing factor


                                                                 19
Accrual Method (slide 2 of 2)
• Claim of right doctrine
  – Requires amounts received to be included in
    income even though the amount is in dispute and
    might be returned to the payor at a later date
  – If payment has not been received, no income is
    recognized until the claim is settled




                                                      20
The Big Picture - Example 7
            Claim Of Right Doctrine
• Return to the facts of The Big Picture on p. 4-1.
• On completing construction of the medical office
  building in 2012, the contractor submitted a bill.
   – Dr. Payne refused to pay the bill, claiming the contractor
     had not met specifications.
   – The contractor did not reach a settlement with Dr. Payne
     until 2013.
• No income accrues to the contractor until 2013.
   – If Dr. Payne had paid for the work, then filed suit, the
     contractor could not defer the income
       • The income would be taxable in 2012.

                                                                  21
Exceptions to Accrual Method
                    (slide 1 of 2)


• Taxpayer can elect to defer recognition of
  income from advance payment for goods if
  same method of accounting is used for tax and
  financial reporting purposes




                                                  22
Exceptions to Accrual Method
                      (slide 2 of 2)


• Advance payment for services to be performed
  after year-end is included in income in the year
  following receipt
  – The portion of the advance payment that is earned
    in the current year is included in income in the
    year of receipt
• Prepaid rents or interest income are always
  recognized in the year received rather than
  when earned
                                                        23
Hybrid Method
• A combination of cash and accrual methods
• Generally, used when inventory is a material
  income-producing factor
  – Use accrual method to account for inventory
  – Use cash method for other income and expenses




                                                    24
Income Sources (slide 1 of 2)
• Income from personal services is taxable to the
  person who performs the services
  – Fruit and tree metaphor
• Income from property is taxable to the owner
  of the property
  – Assignment of income is not permitted




                                                    25
Income Sources (slide 2 of 2)
• Interest income accrues daily
  – If interest bearing instrument (e.g., bonds) is
    transferred, must allocate interest income between
    transferor and transferee based on the number of
    days during the period that each owned the
    property




                                                         26
Dividends (slide 1 of 4)
• Dividends are generally taxed to the party who
  is entitled to receive them
  – Dividends on stock transferred by gift after
    declaration date but before record date is generally
    taxed to the donor




                                                           27
Dividends (slide 2 of 4)
• Recent legislation has provided partial relief
  from double taxation of corporate dividends
  – Generally, dividends received in taxable years
    beginning after 2002 are taxed at the same
    marginal rate that is applicable to a net capital gain
     • Thus, individuals otherwise subject to the 10% or 15%
       marginal tax rates in 2012 pay 0% tax on qualified
       dividends received
     • Individuals subject to the 25, 28, 33, or 35 percent
       marginal tax rates pay a 15% tax on qualified dividends

                                                                 28
Dividends (slide 3 of 4)
• The following dividends are not eligible for
  the reduced tax rates
  – Dividends from certain foreign corporations,
  – Dividends from tax-exempt entities, and
  – Dividends that do not satisfy the holding period
    requirement
     • Stock on which the dividend is paid must have been
       held for more than 60 days during the 121-day period
       beginning 60 days before the ex-dividend date to
       qualify for the reduced tax rates


                                                              29
Dividends (slide 4 of 4)
• Dividends from foreign corporations are
  eligible for qualified dividend status only if:
  – The foreign corporation’s stock is traded on an
    established U.S. securities market, or
  – The foreign corporation is eligible for the benefits
    of a comprehensive income tax treaty between its
    country of incorporation and the United States




                                                           30
Income Received By An Agent
• Income received by the taxpayer’s agent is
  considered to be received by the taxpayer
  – A cash basis principal must recognize the income
    at the time it is received by the agent




                                                       31
Income From Partnerships
• A partnership is not a separate taxable entity
  – Files an information return (Form 1065)
     • Provides data necessary for determining each partner’s
       distributive share of partnership’s income and
       deductions
     • Each partner reports distributive share of partnership
       income and deductions
        – Reported in year earned, even if not actually distributed
     • Because a partner pays tax on income as the partnership
       earns it, distributions are treated under the recovery of
       capital rules


                                                                      32
Income From S Corporations
• A small business corporation may elect to be
  taxed similarly to a partnership
  – Referred to as an S corporation
     • The shareholders, rather than the corporation, pay the
       tax on the corporation’s income
     • Generally, shareholders report their share of the corp’s
       income and deductions for the year, even if not actually
       distributed




                                                                  33
Income From Estates And Trusts
• Beneficiaries of estates and trusts
  – Generally, taxed on the income earned by the
    estates or trusts that is actually distributed or
    required to be distributed to them
  – Any income not taxed to the beneficiaries is
    taxable to the estate or trust




                                                        34
Income In Community
                Property States
• All property is deemed either to be separately owned
  by the spouse or to belong to the marital community
   – Community income is allocable equally to each spouse
   – Separate income may be allocable to owner-spouse
• Separate property may produce community income
  (e.g., TX, LA)
• No allocation of community income for some spouses
  living apart for entire year and filing separately



                                                            35
Alimony and Separate Maintenance
          Payments (slide 1 of 4)
• Alimony is:
  – Deductible by payor
  – Includible in gross income of recipient




                                              36
Alimony and Separate Maintenance
          Payments (slide 2 of 4)
• Payments may qualify as alimony if:
  – Payments are in cash
  – Agreement or decree does not specify that the
    payments are not alimony
  – Payor and payee are not members of the same
    household at the time the payments are made
  – There is no liability to make the payments for any
    period after the death of the payee


                                                         37
Alimony and Separate Maintenance
          Payments (slide 3 of 4)
• Property settlements
  – Transfer of property to former spouse
  – No deduction or recognized gain or loss for
    transferor
  – No gross income and carryover of transferor’s
    basis for transferee
  – Front-loading of alimony payments
     • Alimony recapture (gross income) for payor
     • Deduction from gross income for recipient

                                                    38
Alimony and Separate Maintenance
          Payments (slide 4 of 4)
• Child support payments
   – Payments made to satisfy legal obligation to support child
     of taxpayer
   – Nondeductible by payor and not taxed to recipient (or
     child)
• May be difficult to determine whether an amount
  received is alimony or child support
   – If amount of payment would be reduced due to some future
     event related to the child (e.g., child reaches age 21), such
     reduction is deemed child support


                                                                     39
Imputed Interest on Below-Market
             Loans (slide 1 of 4)
• Interest is imputed, using Federal government rates,
  when a loan does not carry a market rate of interest
   – Imputed interest = the difference between the amount that
     would have been charged at the Federal rate and the
     amount actually charged
• Applies to:
      •   Gift loans
      •   Compensation-related loans
      •   Corporate-shareholder loans
      •   Tax avoidance loans



                                                                 40
Imputed Interest on Below-Market
                 Loans (slide 2 of 4)




Concept Summary 4.2

                                          41
Imputed Interest on Below-Market
            Loans (slide 3 of 4)
• Gift loans
  – Exemption for loans of ≤ $10,000 between
    individuals
     • If loan proceeds are used to purchase income-producing
       property, the following limitation applies
  – On loans of $100,000 or less between individuals
     • Imputed interest is limited to borrower’s net investment
       income for year
     • No imputed interest if net investment income is $1,000
       or less

                                                                  42
Imputed Interest on Below-Market
            Loans (slide 4 of 4)
• $10,000 exemption also applies to
  compensation-related and corporation-
  shareholder loans
  – No exemption if principal purpose of loan is tax
    avoidance
     • Makes practically all loans of this type suspect
• Interest expense imputed to borrower may be
  deductible

                                                          43
Annuity Income
                         (slide 1 of 6)

• Purchaser pays fixed amount for the right to
  receive a future stream of payments
  – Generally, early collections and loans against
    annuity ≤ increases in cash value are included in
    gross income
     • Amounts > increases in cash value are treated as a
       recovery of capital until cost recovered; additional
       amounts are included in income
  – Early distributions may also be subject to a 10%
    penalty


                                                              44
Annuity Income
                         (slide 2 of 6)



• For collections on and after the annuity
  starting date
  – The exclusion ratio is applied to annuity
    payments received under contract to determine
    amount excludable:

  Exclusion ratio =   Investment in contract
    Expected return under contract
  – Once investment is recovered, remaining
    payments are taxable in full
                                                    45
Annuity Income
                         (slide 3 of 6)


• Examples:
  – Taxpayer pays $10,000 for annuity that will pay
    $1,000 a year
     • A: For a term of 15 years
     • B: For lifetime (life expectancy = 15 years)
  – Exclusion ratio for A & B =
           $10,000 = .667
           $15,000


                                                      46
Annuity Income
                        (slide 4 of 6)


• Example (cont’d)
  – A: 15 years of annuity payments
     • Years 1-15: $333 taxable and $667 excludable




                                                      47
Annuity Income
                        (slide 5 of 6)


• Example (cont’d)
  – B: Lifetime payments and taxpayer lives 18 years
     • Years 1-15: $333 taxable and $667 excludable
     • Years 16-18: $1,000 taxable each year
  – B: Lifetime payments and taxpayer lives 10 years
     • Years 1-10: $333 taxable and $667 excludable, and
       $3,330 deduction on final return




                                                           48
Annuity Income
                     (slide 6 of 6)


• The simplified method is required for annuity
  distributions from a qualified retirement plan
  – Exclusion amount is investment in contract
    divided by number of anticipated monthly
    payments (table amount based on age)




                                                   49
Prizes and Awards
• General rule: FMV of item is included in
  income
• Exceptions:
     • Taxpayer designates qualified organization to receive
       prize or award (subject to other requirements)
     • Employee achievement awards of tangible personal
       property made in recognition of length of service or
       safety achievement (limits apply)




                                                               50
Group Term Life Insurance
• Exclude premiums paid by employer on first $50,000
  of coverage
   – Premiums on excess coverage are included in gross income
      • Inclusion amount based on IRS provided tables
• If plan discriminates in favor of key employees (e.g.,
  officers), key employees are not eligible for exclusion
   – In such a case, the key employees must include in gross
     income the greater of:
      • The actual premiums paid by the employer, or
      • The amount calculated from the Uniform Premiums table




                                                                51
Unemployment Compensation
Unemployment compensation is taxable in full




                                               52
Social Security Benefits
                     (slide 1 of 6)


• Up to 85% of benefits may be taxable
• Taxability based on taxpayer’s modified
  adjusted gross income (MAGI)
  – MAGI = AGI (excluding Social Security) +
    foreign earned income exclusion + tax exempt
    interest
• Two formulas for computing taxable benefits



                                                   53
Social Security Benefits
                            (slide 2 of 6)

• Formula 1 - If MAGI plus ½ of Social Security
  benefits exceeds the base amounts below, but not the
  second set of base amounts,
   – Include in income the lesser of:
      • .50 (Social Security Benefits), or
      • .50 [MAGI + .50 (SSB) - base amount]
   – Base amounts:
   – $32,000 MFJ,
   – $0 MFS and not living apart,
   – $25,000 for all other taxpayers

                                                         54
Social Security Benefits
                               (slide 3 of 6)

• Formula 2 - If MAGI plus ½ of Social Security
  benefits exceeds the base amounts below
   – Include in income the lesser of:
      • .85(Social Security benefits), or
      • Sum of: .85[MAGI + .50(Social Security benefits) - second base
        amount], and the lesser of:
          – Amount included through application of the first formula
          – $4,500 ($6,000 for married filing jointly).
• Base amounts:
   – $44,000 MFJ,
   – $0 MFS and not living apart
   – $34,000 for all other taxpayers

                                                                         55
Social Security Benefits
                      (slide 4 of 6)


• Example of Social Security income:
  – A: Married with AGI = $30,000; tax exempt
    interest income = $3,000; Social Security benefits
    = $10,000
  – B: Married with AGI = $40,000; tax exempt
    interest income = $6,000; Social Security benefits
    = $10,000




                                                         56
Social Security Benefits
                         (slide 5 of 6)


• Example (cont’d)
  – A: Formula 1: Lesser of:
     • .50 ($10,000) = $5,000, or
     • .50 [($30,000 + $3,000) + .50 ($10,000) - $32,000)] =
       $3,000
     • Therefore, $3,000 of Social Security benefits included
       in gross income




                                                                57
Social Security Benefits
                          (slide 6 of 6)

• Example (cont’d)
  – B: Formula 2: Lesser of:
     • .85 ($10,000) = $8,500, or
     • Sum of
        – .85[($40,000 + $6,000) + .50 ($10,000) - $44,000] = $5,950,
          and
        – Lesser of:
        – .50 ($10,000) = $5,000, or
        – $6,000
     • Therefore, $8,500 of Social Security benefits included
       in gross income


                                                                        58
Refocus On The Big Picture
• Using the accrual method of accounting, Dr.
  Cliff Payne has correctly calculated the gross
  income of his sole proprietorship.
  – He will report the $385,000 amount on Schedule C
    of Form 1040.




                                                       59
If you have any comments or suggestions concerning this
PowerPoint Presentation for South-Western Federal
Taxation, please contact:

              Dr. Donald R. Trippeer, CPA
                  trippedr@oneonta.edu
                      SUNY Oneonta




                                                          60

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P pt ch 04

  • 1. Chapter 4 Gross Income: Concepts and Inclusions Individual Income Taxes © 2013 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1
  • 2. The Big Picture Calculation Of Gross Income (slide 1 of 3) • At the beginning of the year, Dr. Cliff Payne opened his dental practice as a sole proprietorship. • For his new business, he selected a December 31 year-end. • He also entered into a contract to have a building constructed for his medical practice. • He used $12,000 of extra money to purchase some stock. 2
  • 3. The Big Picture Calculation Of Gross Income (slide 2 of 3) • Dr. Payne’s accounting system provides him with the following info regarding the income from his dental practice for the 1st year of operation. Revenues (amounts billed patients for dental services) $385,000 Accounts receivable: January 1 –0– Accounts receivable: December 31 52,000 • The accounts receivable represent amounts billed patients that will be paid by patients, insurance companies, or charged off as uncollectible bad debts. • During the year, Sam Jones, a contractor who owed Dr. Payne $4,000 for dental services, satisfied the account by installing solar panels on the roof of Dr. Payne’s new medical building. 3
  • 4. The Big Picture Calculation Of Gross Income (slide 3 of 3) • Based on his accounting records he concludes that gross income for Federal income tax purposes is the $385,000 he billed his patients for dental services rendered. • Has Dr. Payne correctly calculated the gross income of this dental practice? – Read the chapter and formulate your response. 4
  • 5. Gross Income (slide 1 of 3) • Definition: Gross income includes all income from whatever source derived, unless specifically excluded under the Code • Concept is interpreted broadly by the courts 5
  • 6. Gross Income (slide 2 of 3) • Taxability of income follows the realization principle from accounting – Income is recognized (taxed) when realized • Mere appreciation in wealth (economic income) is not considered realized income 6
  • 7. Gross Income (slide 3 of 3) • Income is recognized whether it is in the form of cash, or “in-kind” cash equivalents (i.e., property or services) – The amount of income from “in-kind” receipts is equal to the FMV of the property or services • Income does not include recovery of the taxpayer’s capital investment 7
  • 8. The Big Picture - Example 1 Recovery Of Capital Doctrine • Return to the facts of The Big Picture on p. 4-1. – Dr. Payne sells common stock for $15,000. • He had purchased the stock for $12,000. – Dr. Payne’s gross receipts are $15,000. • This amount consists of a $12,000 recovery of capital and $3,000 of gross income. 8
  • 9. The Big Picture - Example 5 Form Of Receipt • Return to the facts of The Big Picture on p. 4-1. – When Sam Jones performed the services in satisfaction of his $4,000 account, Dr. Payne realized income equal to the value of the services of $4,000. 9
  • 10. Accounting Periods • Taxable year is generally a 12-month period – Taxable year for most individual taxpayers is the calendar year – Fiscal year can be elected if taxpayer maintains adequate records • Fiscal year is a 12-month period ending on the last day of a month other than December – Example: July 1 to June 30 10
  • 11. Accounting Methods (slide 1 of 2) • There are 3 primary methods of accounting for tax purposes: – Cash receipts and disbursements method – Accrual method – Hybrid method 11
  • 12. Accounting Methods (slide 2 of 2) • In addition to overall accounting methods, taxpayers may choose (elect) tax treatment for various transactions, for example – Taxpayers can elect to use the installment method – Certain contractors may elect to use either the percentage of completion method or the completed contract method 12
  • 13. Cash Receipts Method • Income is recognized in the year it is actually or constructively received in cash or cash equivalent • An amount is constructively received when it is set aside and made available to taxpayer without substantial restrictions 13
  • 14. The Big Picture - Example 10 Constructive Receipt (slide 1 of 2) • Return to the facts of The Big Picture on p. 4-1. – On December 31, Dr. Payne has $10,000 in patients' checks that have not been deposited. • One check for $3,000 is from a patient who asked him not to deposit it until after January 4th , because her account did not contain sufficient funds to pay the debt. 14
  • 15. The Big Picture - Example 10 Constructive Receipt (slide 2 of 2) • Under the cash method, Dr. Payne must recognize $7,000 income from the checks on hand – The checks are a cash equivalent that is actually received. • The income from the $3,000 check is neither actually nor constructively received – An insufficient account means the funds are not available. 15
  • 16. The Big Picture - Example 12 Constructive Receipt (slide 1 of 2) • Return to the facts of The Big Picture on p. 4-1. • Assume Dr. Payne elected to use the cash basis of accounting. – If he accepted credit cards, Dr. Payne would receive immediate credit in his bank account for 96% of the charge. • The other 4% would be retained by the credit card issuer. – To avoid the 4% charge, Dr. Payne chose not to accept credit cards. • Instead, his policy required all bills to be paid within 30 days after dental services were provided. 16
  • 17. The Big Picture - Example 12 Constructive Receipt (slide 2 of 2) • At year end, several patients owed a combined $2,000. – They offered to pay with credit cards, but his office rejected their offers. – The $2,000 was not constructively received at the end of the year. • Dr. Payne could have received payment by credit card, he contracted to receive payment at a later date before the dental services were performed. • Moreover, the 4% charge by the credit card company would be a ‘‘substantial limitation.’’ 17
  • 18. Exceptions To Cash Receipts Method • Original Issue Discount (OID) interest is taxable when earned rather than when interest is received • Series E and EE bonds are not subject to the OID rules – However, a cash basis taxpayer may elect to recognize the interest when earned 18
  • 19. Accrual Method (slide 1 of 2) • Income is recognized in the year that it is earned regardless of when it is collected • Income is earned when: – All events have occurred that fix taxpayer’s right to the income, and – The amount can be determined with reasonable accuracy • The accrual method is required for determining purchases and sales when inventory is an income- producing factor 19
  • 20. Accrual Method (slide 2 of 2) • Claim of right doctrine – Requires amounts received to be included in income even though the amount is in dispute and might be returned to the payor at a later date – If payment has not been received, no income is recognized until the claim is settled 20
  • 21. The Big Picture - Example 7 Claim Of Right Doctrine • Return to the facts of The Big Picture on p. 4-1. • On completing construction of the medical office building in 2012, the contractor submitted a bill. – Dr. Payne refused to pay the bill, claiming the contractor had not met specifications. – The contractor did not reach a settlement with Dr. Payne until 2013. • No income accrues to the contractor until 2013. – If Dr. Payne had paid for the work, then filed suit, the contractor could not defer the income • The income would be taxable in 2012. 21
  • 22. Exceptions to Accrual Method (slide 1 of 2) • Taxpayer can elect to defer recognition of income from advance payment for goods if same method of accounting is used for tax and financial reporting purposes 22
  • 23. Exceptions to Accrual Method (slide 2 of 2) • Advance payment for services to be performed after year-end is included in income in the year following receipt – The portion of the advance payment that is earned in the current year is included in income in the year of receipt • Prepaid rents or interest income are always recognized in the year received rather than when earned 23
  • 24. Hybrid Method • A combination of cash and accrual methods • Generally, used when inventory is a material income-producing factor – Use accrual method to account for inventory – Use cash method for other income and expenses 24
  • 25. Income Sources (slide 1 of 2) • Income from personal services is taxable to the person who performs the services – Fruit and tree metaphor • Income from property is taxable to the owner of the property – Assignment of income is not permitted 25
  • 26. Income Sources (slide 2 of 2) • Interest income accrues daily – If interest bearing instrument (e.g., bonds) is transferred, must allocate interest income between transferor and transferee based on the number of days during the period that each owned the property 26
  • 27. Dividends (slide 1 of 4) • Dividends are generally taxed to the party who is entitled to receive them – Dividends on stock transferred by gift after declaration date but before record date is generally taxed to the donor 27
  • 28. Dividends (slide 2 of 4) • Recent legislation has provided partial relief from double taxation of corporate dividends – Generally, dividends received in taxable years beginning after 2002 are taxed at the same marginal rate that is applicable to a net capital gain • Thus, individuals otherwise subject to the 10% or 15% marginal tax rates in 2012 pay 0% tax on qualified dividends received • Individuals subject to the 25, 28, 33, or 35 percent marginal tax rates pay a 15% tax on qualified dividends 28
  • 29. Dividends (slide 3 of 4) • The following dividends are not eligible for the reduced tax rates – Dividends from certain foreign corporations, – Dividends from tax-exempt entities, and – Dividends that do not satisfy the holding period requirement • Stock on which the dividend is paid must have been held for more than 60 days during the 121-day period beginning 60 days before the ex-dividend date to qualify for the reduced tax rates 29
  • 30. Dividends (slide 4 of 4) • Dividends from foreign corporations are eligible for qualified dividend status only if: – The foreign corporation’s stock is traded on an established U.S. securities market, or – The foreign corporation is eligible for the benefits of a comprehensive income tax treaty between its country of incorporation and the United States 30
  • 31. Income Received By An Agent • Income received by the taxpayer’s agent is considered to be received by the taxpayer – A cash basis principal must recognize the income at the time it is received by the agent 31
  • 32. Income From Partnerships • A partnership is not a separate taxable entity – Files an information return (Form 1065) • Provides data necessary for determining each partner’s distributive share of partnership’s income and deductions • Each partner reports distributive share of partnership income and deductions – Reported in year earned, even if not actually distributed • Because a partner pays tax on income as the partnership earns it, distributions are treated under the recovery of capital rules 32
  • 33. Income From S Corporations • A small business corporation may elect to be taxed similarly to a partnership – Referred to as an S corporation • The shareholders, rather than the corporation, pay the tax on the corporation’s income • Generally, shareholders report their share of the corp’s income and deductions for the year, even if not actually distributed 33
  • 34. Income From Estates And Trusts • Beneficiaries of estates and trusts – Generally, taxed on the income earned by the estates or trusts that is actually distributed or required to be distributed to them – Any income not taxed to the beneficiaries is taxable to the estate or trust 34
  • 35. Income In Community Property States • All property is deemed either to be separately owned by the spouse or to belong to the marital community – Community income is allocable equally to each spouse – Separate income may be allocable to owner-spouse • Separate property may produce community income (e.g., TX, LA) • No allocation of community income for some spouses living apart for entire year and filing separately 35
  • 36. Alimony and Separate Maintenance Payments (slide 1 of 4) • Alimony is: – Deductible by payor – Includible in gross income of recipient 36
  • 37. Alimony and Separate Maintenance Payments (slide 2 of 4) • Payments may qualify as alimony if: – Payments are in cash – Agreement or decree does not specify that the payments are not alimony – Payor and payee are not members of the same household at the time the payments are made – There is no liability to make the payments for any period after the death of the payee 37
  • 38. Alimony and Separate Maintenance Payments (slide 3 of 4) • Property settlements – Transfer of property to former spouse – No deduction or recognized gain or loss for transferor – No gross income and carryover of transferor’s basis for transferee – Front-loading of alimony payments • Alimony recapture (gross income) for payor • Deduction from gross income for recipient 38
  • 39. Alimony and Separate Maintenance Payments (slide 4 of 4) • Child support payments – Payments made to satisfy legal obligation to support child of taxpayer – Nondeductible by payor and not taxed to recipient (or child) • May be difficult to determine whether an amount received is alimony or child support – If amount of payment would be reduced due to some future event related to the child (e.g., child reaches age 21), such reduction is deemed child support 39
  • 40. Imputed Interest on Below-Market Loans (slide 1 of 4) • Interest is imputed, using Federal government rates, when a loan does not carry a market rate of interest – Imputed interest = the difference between the amount that would have been charged at the Federal rate and the amount actually charged • Applies to: • Gift loans • Compensation-related loans • Corporate-shareholder loans • Tax avoidance loans 40
  • 41. Imputed Interest on Below-Market Loans (slide 2 of 4) Concept Summary 4.2 41
  • 42. Imputed Interest on Below-Market Loans (slide 3 of 4) • Gift loans – Exemption for loans of ≤ $10,000 between individuals • If loan proceeds are used to purchase income-producing property, the following limitation applies – On loans of $100,000 or less between individuals • Imputed interest is limited to borrower’s net investment income for year • No imputed interest if net investment income is $1,000 or less 42
  • 43. Imputed Interest on Below-Market Loans (slide 4 of 4) • $10,000 exemption also applies to compensation-related and corporation- shareholder loans – No exemption if principal purpose of loan is tax avoidance • Makes practically all loans of this type suspect • Interest expense imputed to borrower may be deductible 43
  • 44. Annuity Income (slide 1 of 6) • Purchaser pays fixed amount for the right to receive a future stream of payments – Generally, early collections and loans against annuity ≤ increases in cash value are included in gross income • Amounts > increases in cash value are treated as a recovery of capital until cost recovered; additional amounts are included in income – Early distributions may also be subject to a 10% penalty 44
  • 45. Annuity Income (slide 2 of 6) • For collections on and after the annuity starting date – The exclusion ratio is applied to annuity payments received under contract to determine amount excludable: Exclusion ratio = Investment in contract Expected return under contract – Once investment is recovered, remaining payments are taxable in full 45
  • 46. Annuity Income (slide 3 of 6) • Examples: – Taxpayer pays $10,000 for annuity that will pay $1,000 a year • A: For a term of 15 years • B: For lifetime (life expectancy = 15 years) – Exclusion ratio for A & B = $10,000 = .667 $15,000 46
  • 47. Annuity Income (slide 4 of 6) • Example (cont’d) – A: 15 years of annuity payments • Years 1-15: $333 taxable and $667 excludable 47
  • 48. Annuity Income (slide 5 of 6) • Example (cont’d) – B: Lifetime payments and taxpayer lives 18 years • Years 1-15: $333 taxable and $667 excludable • Years 16-18: $1,000 taxable each year – B: Lifetime payments and taxpayer lives 10 years • Years 1-10: $333 taxable and $667 excludable, and $3,330 deduction on final return 48
  • 49. Annuity Income (slide 6 of 6) • The simplified method is required for annuity distributions from a qualified retirement plan – Exclusion amount is investment in contract divided by number of anticipated monthly payments (table amount based on age) 49
  • 50. Prizes and Awards • General rule: FMV of item is included in income • Exceptions: • Taxpayer designates qualified organization to receive prize or award (subject to other requirements) • Employee achievement awards of tangible personal property made in recognition of length of service or safety achievement (limits apply) 50
  • 51. Group Term Life Insurance • Exclude premiums paid by employer on first $50,000 of coverage – Premiums on excess coverage are included in gross income • Inclusion amount based on IRS provided tables • If plan discriminates in favor of key employees (e.g., officers), key employees are not eligible for exclusion – In such a case, the key employees must include in gross income the greater of: • The actual premiums paid by the employer, or • The amount calculated from the Uniform Premiums table 51
  • 53. Social Security Benefits (slide 1 of 6) • Up to 85% of benefits may be taxable • Taxability based on taxpayer’s modified adjusted gross income (MAGI) – MAGI = AGI (excluding Social Security) + foreign earned income exclusion + tax exempt interest • Two formulas for computing taxable benefits 53
  • 54. Social Security Benefits (slide 2 of 6) • Formula 1 - If MAGI plus ½ of Social Security benefits exceeds the base amounts below, but not the second set of base amounts, – Include in income the lesser of: • .50 (Social Security Benefits), or • .50 [MAGI + .50 (SSB) - base amount] – Base amounts: – $32,000 MFJ, – $0 MFS and not living apart, – $25,000 for all other taxpayers 54
  • 55. Social Security Benefits (slide 3 of 6) • Formula 2 - If MAGI plus ½ of Social Security benefits exceeds the base amounts below – Include in income the lesser of: • .85(Social Security benefits), or • Sum of: .85[MAGI + .50(Social Security benefits) - second base amount], and the lesser of: – Amount included through application of the first formula – $4,500 ($6,000 for married filing jointly). • Base amounts: – $44,000 MFJ, – $0 MFS and not living apart – $34,000 for all other taxpayers 55
  • 56. Social Security Benefits (slide 4 of 6) • Example of Social Security income: – A: Married with AGI = $30,000; tax exempt interest income = $3,000; Social Security benefits = $10,000 – B: Married with AGI = $40,000; tax exempt interest income = $6,000; Social Security benefits = $10,000 56
  • 57. Social Security Benefits (slide 5 of 6) • Example (cont’d) – A: Formula 1: Lesser of: • .50 ($10,000) = $5,000, or • .50 [($30,000 + $3,000) + .50 ($10,000) - $32,000)] = $3,000 • Therefore, $3,000 of Social Security benefits included in gross income 57
  • 58. Social Security Benefits (slide 6 of 6) • Example (cont’d) – B: Formula 2: Lesser of: • .85 ($10,000) = $8,500, or • Sum of – .85[($40,000 + $6,000) + .50 ($10,000) - $44,000] = $5,950, and – Lesser of: – .50 ($10,000) = $5,000, or – $6,000 • Therefore, $8,500 of Social Security benefits included in gross income 58
  • 59. Refocus On The Big Picture • Using the accrual method of accounting, Dr. Cliff Payne has correctly calculated the gross income of his sole proprietorship. – He will report the $385,000 amount on Schedule C of Form 1040. 59
  • 60. If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact: Dr. Donald R. Trippeer, CPA trippedr@oneonta.edu SUNY Oneonta 60