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Chapter 6Chapter 6
Business ExpensesBusiness Expenses
©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Kevin MurphyKevin MurphyMark HigginsMark Higgins
Kevin MurphyKevin MurphyMark HigginsMark Higgins
6-26-2©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
All deductions are a matter of Legislative Grace
All deductions are a matter of Legislative Grace
Just because GAAP allows a deduction, don’t assume tax law will too!
6-36-3©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Business ExpensesBusiness Expenses
All expenses must first meet the basic tests for deductibility - Have a business purposeBe ordinary, necessary, and reasonableBe allowed under the Legislative Grace
Concept
6-46-4©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Business ExpensesSubstantiation Requirements
Business ExpensesSubstantiation Requirements
Expenses related to Meals, Entertainment, Automobile Usage, Travel, and Business Gifts are deductible subject to limitations and strict documentation requirementsAmountTime and placeDate and descriptionBusiness purposeBusiness relationship of other person(s)
6-56-5©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Meals and EntertainmentMeals and Entertainment
Meals and entertainment expenses must be directly related to or associated with the active conduct of a business activity.
6-66-6©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Meals and EntertainmentDirectly Related Test
Meals and EntertainmentDirectly Related Test
The “directly related to” test is met ifThere is more than a general expectation
of business benefitA bona fide business activity takes place
during the meal or entertainmentThe principal reason for the meal or
entertainment is businessThe expenses are related to the taxpayer
and people involved in the business activity
6-76-7©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Meals and EntertainmentAssociated With Test
Meals and EntertainmentAssociated With Test
The “associated with” test is met ifThere is a clear business purpose for the
meal or entertainmentThe meal or entertainment directly
precedes or directly follows a substantial business discussion
6-86-8©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Meals and EntertainmentCosts
Meals and EntertainmentCosts
Meal costs include food, beverage, tax, and tips
Entertainment costs include expenses for clubs, theaters, and sporting eventsOnly the face amount of a ticket is allowedClub dues do not qualify
6-96-9©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Meals and EntertainmentCost Limitations
Meals and EntertainmentCost Limitations
Only 50% of the allowable costs may be deducted
Exceptions to the 50% limitationReimbursed expensesExpenses that are taxable income to a
non-employee recipient (awards, prizes)Expenses for recreational or social
activities which benefit employees
6-106-10©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Auto ExpensesGeneral Requirements
Auto ExpensesGeneral Requirements
The cost of using an automobile for business is deductibleUse of the automobile must be for travel
Out of town From home to a temporary workplace From the regular to a temporary workplace From the workplace to a second job
The cost of commuting is never deductible.
6-116-11©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Auto ExpensesAuto Expenses
Auto expenses may be computed under one of two methods:Actual CostStandard Mileage Rate
6-126-12©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Auto ExpensesActual Cost Method
Auto ExpensesActual Cost Method
The actual cost of using the automobile may be deductedThe business percentage of depreciation,
gas and oil, repairs, insurance, interest, license fees, etc. is deductible
Deduction amount is often larger than the standard rate
6-136-13©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Auto ExpensesStandard Mileage Rate
Method
Auto ExpensesStandard Mileage Rate
MethodThe administrative convenience concept
allows a deduction based on the number of business miles driven during the yearRate is $0.505 per mile (2008)Tolls, parking, interest and property taxes may be
added
Standard rate method is not allowed if multiple cars are used
6-146-14©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Travel ExpensesTravel Expenses
Travel expenses incurred while on business away from the tax home overnight are deductibleTax home is the principal area in which
business is conductedOvernight means longer than a regular
workday
6-156-15©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Travel ExpensesLimitations
Travel ExpensesLimitations
Over 50% of the activity requiring travel must have a business purposePersonal activity costs on a business trip
are not deductibleIncidental business expenses on a
personal trip are deductibleTravel for general educational purposes or
for investment related meetings is not deductible
6-166-16©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Business GiftsBusiness Gifts
The cost of a gift given to a business customer may not be fully deductibleThere is an overall limitation of $25 per
person, per yearGifts are not subject to the 50%
entertainment limitsDelivery, gift wrap, engraving, etc., do not
count toward the $25
6-176-17©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Education ExpensesEducation Expenses
Costs of education are deductible ifRequired by law (or employer) to maintain
employment, orMaintains or improves current job skills
Costs of education are not deductible ifNecessary to meet minimum job requirements, orQualifies taxpayer for new trade or business
6-186-18©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Unreimbursed allowable costs are deductible as miscellaneous itemized deduction
Employee may exclude up to $5,250 of reimbursed expenses from a qualified plan
Education ExpensesEducation Expenses
6-196-19©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Compensation of EmployeesCompensation of Employees
Wages, salaries, bonuses and other compensation paid to employees is deductible if two basic tests are met:Employees must perform actual servicePayment must be reasonable in amount
6-206-20©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Compensation of EmployeesReasonable Compensation
Compensation of EmployeesReasonable Compensation
Some factors considered when determining if compensation is reasonable areDuties, responsibilities and pay history of the
employeeVolume and complexity of the businessTime required to do the workAbility and accomplishments of the employeeCompany pay policy
6-216-21©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Compensation of EmployeesReasonable Compensation
Compensation of EmployeesReasonable Compensation
Payments to a related party may be examined closely forLack of a business purposeAn arms-length transaction Reality of compensation in a closely-held
business
6-226-22©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Compensation of EmployeesReasonable Compensation
Compensation of EmployeesReasonable Compensation
Size of deduction for salary paid to a covered employee is limited Covered employees = CEO and the four highest
paid officers$1,000,000 limit on compensation deduction per
employeeSome amounts are exempt from the limit
commissions and performance based payments pension plan contributions fringe benefits
6-236-23©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Bad DebtsBad Debts
Business bad debts are deductible only under the accrual method
Nonbusiness (investment) bad debts are deductible if the debt is bona fideReport as a short-term capital lossNo deduction is allowed if the debt is voluntarily forgiven
Bad debts are generally deductible under the capital recovery concept.
6-246-24©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Qualified Production Activities Deduction
Qualified Production Activities Deduction
Amount Of Deduction6% of the lesser of:
Qualified Production Activities Income OR Taxable Income before Qualified Production
Activities Deduction
Cannot Exceed 50% of W-2 wages paid by Taxpayer
6-256-25©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Qualified Production Activities Deduction
Qualified Production Activities Deduction
Qualified Production Activities Income equals:Domestic Gross Production Receipts
Less the allocable:
Cost of Goods Sold
Direct Expenses and Losses
Indirect Expenses and Losses
6-266-26©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Qualified Production Activities Deduction
Qualified Production Activities Deduction
Domestic Gross Production Receipts arise fromSale, exchange, lease, rental or other disposition
of: Qualifying property manufactured, produced, grown, or
extracted in the U.S. Qualified films produced Electricity, natural gas, or potable water produced in the
U.S.
Construction activities performed in the U.S.Engineering or architectural services performed in
the U.S.
6-276-27©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Qualified Production Activities Deduction
Qualified Production Activities Deduction
Qualified Production PropertyTangible Personal PropertyComputer SoftwareSound Recordings
6-286-28©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Qualified Production Activities Deduction
Qualified Production Activities Deduction
Retailers who buy from taxpayers with qualified production activities may not claim sales of those products as gross production receipts
6-296-29©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
QPAD exampleQPAD example
Carlton, Inc. has gross receipts from qualified production activities of $7,500,000. The COGS related to these activities is $3,000,000. The related direct costs are $250,000. Carlton estimates that 40% of the $500,000 indirect costs is attributable to the activities. Taxable income before the QPAD is $4,600,000.
What is Carlton’s QPA income?
($7,500,000 - $3,000,000 - $250,000 – (.40 x $500,000) = $4,050,000
What is Carlton’s QPAD?
6% x ($4,050,000 or $4,600,000) = 6% x $4,050,000 = $243,000
6-306-30©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
InsuranceInsurance
Fire, theft, casualty or liabilityGroup medical, term-life and worker’s
compensationPerformance and fidelity bondsBusiness interruption
Insurance premiums paid to protect a business from the following losses are deductible.
6-316-31©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
TaxesTaxes
Exceptions:Sales taxes related to long-lived assets must be
capitalizedProperty taxes related to real estate bought or
sold during the year must be allocated between buyer and seller
Assessments for local benefits are added to the property’s basis
Most business related taxes are deductible unless paid to the federal government.
6-326-32©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Legal FeesLegal Fees
Legal fees are deductible if they were paid to defend business income, reputation, or goodwillIf fees are related to property ownership,
they are capitalized with the cost of the property
6-336-33©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Individual DeductionsFor Adjusted Gross Income
Individual DeductionsFor Adjusted Gross Income
Expenses paid by individuals for a business purpose, orspecifically allowed by Congress to create
equity in tax treatment
are allowed as deductions for AGI.
6-346-34©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Accountable PlanAccountable Plan
Reimbursements = expenses nothing is reported
Reimbursements < expenses reimbursement is reported as income expenses = reimbursement income are deducted for AGI excess expenses are deducted from AGI
Reimbursements > expenses and excess is not returned excess reimbursement is reported as income
Employees are required to make an adequate accounting of their expenses.
6-356-35©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Nonaccountable PlanNonaccountable Plan
Employees are not required to make an adequate accounting of their expenses.
All reimbursements are included in incomeAll expenses are deducted from AGI
6-366-36©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Deductions for Self-Employed TaxpayersDeductions for Self-Employed Taxpayers
To provide self-employed taxpayers equity with the tax treatment of employees, they are allowed to deduct:
The cost of health insurance premiums paid for themselves
50% of the amount of self-employment tax paid
6-376-37©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Retirement Plan Contribution Deductions
Retirement Plan Contribution Deductions
Taxpayers who do not have access to an employer sponsored pension plan are allowed several options:Keogh or H.R.10 plans (for self-employed
taxpayers only)Individual Retirement Accounts (for all
taxpayers)
6-386-38©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Individual Retirement Accounts
Contributions
Individual Retirement Accounts
ContributionsAll taxpayers may contribute a
maximum of $5,000 of their earned income to a Deductible or a Roth IRA.Special “Catch-up” rule allows up to $6,000
if 50 or older
A married couple may contribute $10,000 in total ($12,000 if over 50), but not more than $5,000 ($6,000) to any one account.
6-396-39©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Three Major IRA TypesThree Major IRA Types
ConventionalRothCoverdell Educational Savings Account
6-406-40©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
1. Conventional IRA1. Conventional IRA
Contributions limited to lesser of $5,000 ($6,000 if > 50) or amount of earned income Fully deductible if not covered by an
employer’s plan Not linked to spouse’s coverage
If covered, maximum deduction equals:
(Maximum contribution) X [1 – IRA percentage*]
* (AGI - phase-out) / $10,000 ($20,000 MFJ)
6-416-41©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Conventional IRA: Phase-out AmountsConventional IRA: Phase-out Amounts
Tax Year Married Single
2008 $85,000 $53,000 2007 $83,000 $52,000
6-426-42©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Conventional IRA - ExampleConventional IRA - Example
Single taxpayer with AGI = $58,000 contributes $5,000 to an IRA. How much is deductible if the t/p is covered by a qualified plan?
$5,000 X [ 1 - ($58,000 - $53,000)/10,000]
= $5,000 X [ 1 - 0.50]
= $5,000 X 0.50
= $2,500 maximum deduction
6-436-43©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
2. Roth IRA2. Roth IRA
Contributions are not deductibleEarnings distributions are tax-free if
IRA has existed for 5 years, andTaxpayer is >59 1/2 years oldNo age limit to begin distributions
Contributions are phased-out like Conventional IRAMarried beginning at $159,000Others beginning at $101,000
6-446-44©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
3. Coverdell Education Savings Account (CESA)3. Coverdell Education Savings Account (CESA)
Set up as a trust for the benefit of any person under age 18
$2,000 nondeductible contribution per student per yearPhased-out for AGI greater than
Married, from $190,000 Others, from $95,000
Max. contribution X [1 - {(AGI - phase-out) / 15,000}]
6-456-45©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
3. CESA Continued3. CESA Continued
Tax-free growth in the IRANo tax at time of withdrawal if used for
qualified expensesTuition and fees of student
6-466-46©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Higher Education Expense Deduction
Higher Education Expense Deduction
May deduct up to $4,000 of qualifying higher education expenseQualifying = tuition and feesMust have AGI < $65,000 if single
($130,000 for MFJ)Cannot claim in addition to HOPE or
Lifetime Learning Credits (Chapter 8)
6-476-47©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Educational Loan InterestEducational Loan Interest
May deduct up to $2,500 for interest paid on education loansTaken as a “for” deductionOnly for payments made during first 60
months of the loanDeduction phased-out when AGI exceeds
Married, from $115,000; Others, from $55,000
Deduction = Amt. Allowed X [1 - {(AGI - phase-out) / 15,000}]
6-486-48©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Moving ExpensesMoving Expenses
Moving expenses are deductible if they meet two tests.
1. Distance test
Old house
Old job
x + 51 miles
x m
ilesNew job
6-496-49©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Moving ExpensesTime Test
Moving ExpensesTime Test
2. Time TestEmployee taxpayers must be employed in
the new area for 39 weeks of the 12 months after moving
Self-employed taxpayers must be employed in the new area for 78 weeks of the 24 months after moving
Waived for death, disability, or required transfer
6-506-50©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Moving ExpensesQualifying Expenses
Moving ExpensesQualifying Expenses
Only two types of expenses are deductible:Costs of moving household goods and
personal items to the new locationTransportation and lodging costs of moving
the taxpayer and family to the new location Mileage is allowed at $0.19 per mile None of the cost of meals is deductible
6-516-51©2009 South-Western, a part of Cengage Learning©2009 South-Western, a part of Cengage Learning
Moving ExpensesReimbursementsMoving ExpensesReimbursements
Any reimbursement of moving expenses received from an employer is included as income