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Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Principles of Taxation
Chapter 15Investment and Personal
Financial Planning
Slide 15-2
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Objectives
business versus investment interest income tax deferral: insurance and annuities capital gains and losses investment interest expense passive losses estate and gift rules
Slide 15-3
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Business versus Investment
Business activityTime and talent on regular basisProfit partially attributable to
personal involvement Investment activity
Passive role as owner of income-producing property
Managing a portfolio is investment activity.
Slide 15-4
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Investments in financial assets
Securities include:common and preferred stocksavings accounts, CDs, notes, bonds
Return on investment includes interestdividends
Reinvested dividends are still taxable but increase basis.
gains (losses).Mutual funds may report ‘distributed’ capital
gains/losses. These are still taxable but increase basis even if no cash received.
Slide 15-5
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Interest income
Municipal bond interest income is tax-free at federal level for regular tax. If the bond is a private activity bond,
the interest is an AMT preference.See AP 2 for an interesting problem
with interaction of federal and state rates.
U.S. debt (bills, notes, bonds) are taxable at federal level (often exempt at state level). Most pay interest every six months - taxable on receipt.
Slide 15-6
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Interest income - discount bonds
Cash basis generally says recognized interest income when paid.
Interest income rules are exception - must recognize when earned, such as when original issue discount ACCRUES.Exception for Series EE U.S. savings bond
- delay income tax until bond is cashed.Exception allows ELECTION to be taxed
currently on EE bonds.
OID is amortized using effective interest method. Market discount recognized when bond sold or matured. See AP3.
Slide 15-7
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Deferral with life insurance or annuities
Life insurance proceeds NOT taxable income at death.
Life insurance policies (but not TERM life policies) build up cash surrender value (CSV). If liquidate policy, excess of CSV over premiums paid is taxable.
Annuity contracts are not taxed until annuity payments are made. Taxation is like installment sales rules: portion of annuity excluded = payment x ratio of investment in annuity / expected return on annuity. See AP6 and 7.
Slide 15-8
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Gains/Losses on securities
Realization requires a sale or exchange Gain/loss = Proceeds = adjusted basis Character is capital - time period
matters Basis issues
reinvested dividends increase basis.Sale of stock uses either specific ID or FIFO
method of matching basis with sales.Mutual fund shares sold use an average
basis.
Slide 15-9
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Capital losses on worthless securities and bad debts
Worthless securities are treated as if they are sold on the LAST day of the tax year for $0. Capital loss results - often long-term.
Nonbusiness bad debts are treated as a short-term capital loss. See AP9.
Slide 15-10
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Exchanging securities
General rule is that exchanges are taxable. (e.g. Intel for Nike).
Nontaxable if the stocks are in the SAME corporation, or
part of the nontaxable reorganization.
Keep your old basis - this creates DEFERRAL of gain or loss.
See AP10, 11.
Slide 15-11
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
What to do with capital gains and losses
SHORT TERM asset held for <= 1 year
LONG TERM asset held for > 1 yearSeparate 28% rate category for
collectibles and sale of qualified small business stock.
Net the gains and losses in each class (net ST, net LT, net 28%LT).
Slide 15-12
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Netting and tax rates - net loss
Net the net ST gain/loss with the net LT gain/loss
IF the total net capital gain/loss is a LOSSdeduct $3000 against ordinary
incomecarryforward remainder indefinitely
Slide 15-13
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Netting and tax rates - net gain
IF the total net capital gain/loss is a GAINany NET ST gain is taxed at regular rates.any NET 28% is taxed at maximum 28% rateany other NET LT is taxed at 20% (or 10% if
the individual is in a 15% ordinary bracket).The section 1231 gain treated as capital
which is attributed to unrecaptured realty depreciation (section 1250) is taxed at maximum 25%.
Slide 15-14
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
ARGGHH!! - What was that last slide?
The ONLY way to see this is to use the tax form Review Appendix 15-A carefully at home. Let’s work this one in class:
Stock A bought 1/1/98 $1000 sold 2/1/98 $1500Stock B bought 4/1/98 $1000 sold 3/1/98 $2000Stock C bought 1/1/96 $2000 sold 11/30/98
$5000Stock D bought 4/1/95 $1500 sold 6/30/98 $1200Building E bought 1/1/90 $100,000, SL depr
$20,000, sold 5/10/97 $120,000.
Slide 15-15
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Investments in Small Business
Qualified small business stock (<=$50 million assets after issue; issued after 8/10/93).Exclude 50% gain if held >5 years.Remaining gain is 28% rate gain.
Loss on Section 1244 stock (1st $1million issued stock) is ordinary up to $100,000 for married filing joint returns. Excess loss is capital loss.Gains still qualify as capital.
Slide 15-16
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Investment expenses
Other expenses (not interest) allowed to the extent they EXCEED 2% of AGI (jointly with unreimbursed employee expenses and some others). investment fees, investment publications,
seminars
Investment interest expense is deductible UP TO net investment income: interest, dividend, annuities, STCG PLUS, if ELECT to be taxed at ordinary rates,
may include LTCG C/F any excess interest expense indefinitely and
deduct in future.
Slide 15-17
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Investment interest expense: example
AGI = $100,000 Investment advice fees = $3000. Investment interest expense =
$15,000 Dividends = $13,000 LTCG = $5000 What is the MAXIMUM investment
interest expense you can deduct? If you do NOT elect to include LTCG, how much do you deduct? How would you decide?
Slide 15-18
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Real Estate Investments
Land is generally a capital asset - appreciation is taxed at favorable rates on sale.
RE taxes paid are deductible. Mortgage interest payments are
investment interest expense. Frequent sales of land may cause
land to be viewed as inventory. No depreciation - other expenses
may be deductible.
Slide 15-19
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Rental RE
Report rent income and expenses on Schedule E. Rental property is depreciated using residential rates.
Allocate deductions to rental income in proportion of days rented / days used (by you or tenant). Exception: may allocate interest
expense and tax expense to rental income in proportion of days rented / 365.
Slide 15-20
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Rental RE and personal use.
Losses are limited to rental income IF you use the house personally for more than the greater of1) 14 days2) 10% of the rental days.
Even if not violate above test, net losses may be limited due to basis rules (remember Chapter 9) or passive activity limits (see below).
Slide 15-21
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Rental RE example
Rental income = $10,000Depreciation = $5,000 Interest expense = $8,000Utilities = $2,000What would we do if rental days =
190 and personal days = 10?What would we do if rental days =
200 and personal days = 50?
Slide 15-22
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Passive Activities
Definition: an interest in a business where the owner does not MATERIALLY PARTICIPATE - involved in day-to-day operations on a regular, continuous and substantial basis.
LOSS on passive activity is ONLY deductible to the extent of OTHER PASSIVE INCOME. (Excludes active income - e.g. wages, material activities; excludes portfolio income - e.g. interest, dividends). See AP19.
Excess losses are carried forward indefinitely - can deduct unused losses at disposition.
Slide 15-23
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Passive activity exception for rental RE.
Passive rental losses up to $25000 can be deducted ifactive managementmarried AGI less than $100,000
(phases out fully at $150000).
The passive activities rules are far more complex than this text explores.
Slide 15-24
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Wealth transfer planning
gift, estate, and generation skipping transfer taxes
The unified gift and estate tax is based on cumulative transfers over time (life + death).
Graduated rates up to 55%
Slide 15-25
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Gift tax
Remember, all receipts of gifts are excluded from INCOME taxation. We are now discussing GIFT taxation.
Exclude $10,000 per year per donee from taxable gifts.
No gift tax on gifts to spouse, charity, paying tuition or medical costs.
Can treat gift by one spouse as made 1/2 by other spouse.
Slide 15-26
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Lifetime transfer tax exclusion
Lifetime exclusion1997 $600,0001998 $625,0001999 $650,000 . . . 2006 $1,000,000
Slide 15-27
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Income tax effects of gifts
Gift is not taxable income to donee.
Donor’s adjusted basis in the property carries over to become the donor’s basis.exception - use FMV if less than
adjusted basis
After gift, any income derived from the property belongs to the donee.
Slide 15-28
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Kiddie tax
Unearned income of children < 14years old
In excess of $700 in 1999 is taxed at the parent’s marginal
tax rate.Child < 14 standard deduction is
limited to GREATER of$700, orearned income + $250.
Slide 15-29
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Estate tax
Taxed at unified estate and gift rate schedule
FMV of estate is taxed. Unlimited marital deductionReduce estate by taxes, charity,
administrative expenses See AP23.
Slide 15-30
Irwin/McGraw-Hill ©The McGraw-Hill Companies, Inc., 2000
Income tax effect of bequests
Receipt of a bequest is not taxable income to heir.
Basis = FMV at date of death = free income tax step-up in basis
Trade-off - gift now at low basis, perhaps avoid
some transfer taxkeep and include in estate, but heirs
get high basisSee AP24.