Advanced Tax Chapter 9, 10, 11, 15

Business expenses must be what to be deductible?

Ordinary and necessary

Normal for business and does not have to be typical or repetitive

Ordinary expense

Helpful for business but does not have to be essential

Necessary expense

How is extravagance determined?

Compare to market value or an arms length amount

Statutory limits on business expense deductions against public policy

no deduction for fines, bribes, lobby expenditures, or political contribution

Statutory limits on business expense deductions relating tax exempt income

Interest on loan where proceeds invested in municipal bonds

Capital expenditure

Deduct if benefit is less than 12 months (if greater, capitalize)

Specifically authorized business deductions

Start up expenditures, bad debts, and losses on disposing assets

Two tests met in order to deduct an expense under accrual?

All events and economic performance tests

Prepayments for goods under accrual method

Recorded under full inclusion or deferral methods

Full inclusion method

Immediately recognized the prepayment as income

Deferral method

Recognizes when it would be recognized for tax purposes were it not a prepayment or when it recognizes the income for financial reporting purposes

Inventory costs include

Purchase price of raw materials, shipping, and indirect costs allocated to inventory (under UNICAP rules)

UNICAP rules

Must capitalize more costs than they normally would under financial accounting rules (capitalize a portion of compensation)

Who must use UNICAP?

Manufacturers and large retailers ($10mil or less over 3 year period doesn't have to)

Economic performance test

May not recognize a deduction for an expense until the underlying activity has occurred

Business forgets to take depreciation expense deductions?

Cannot claim it until the return is amended

When can the cost of an asset be recouped?

Once the asset is used

Adjusted tax basis

Amount of assets cost that has yet to be recovered through cost recovery deductions

Initial basis for assets

Cost plus purchase, preparation, and starting expenses

MACRS

Modified Accelerated Cost Recovery System

Personal property

Tangible property other than real property with a short life

Real property

Buildings and land

Depreciation convention for personal property

Either half year or mid quarter

Half year convention

allows one full half year depreciation in the year the asset is used

Calculate half year convention

Calculate depreciation for the year and multiply by 50%

Assets bought and sold the same year

Cannot take depreciation

When must the mid quarter convention be used?

40% of tangible personal property for the year is first used during the 4th quarter

Listed property

Property used for both business and personal purposes

Method of depreciation for intangibles

Straight line

Section 197 intangibles

Purchased intangibles must be amortized over 15 years regardless of actual life.

Patents and copyrights

Directly purchased must be amortized over the remaining life and self created over legal life

adjusted basis

Cost - cost recovery allowed

Ultimate gain or loss

Proceeds - Adjusted basis

Realized loss

A computed loss

Recognized loss

A deducted loss

How does the IRS test for extravagance?

Compare the expense to the market price or the arm's length amount

Firms recover the cost of capitalized tangible assets through

depreciation

Firms recover the cost of capitalized intangible assets through

amortization

How much can you deduct for a business meals?

50%

Can you deduct entertainment as a business expense?

Yes if the amounts are reasonable and relevant

Direct cost of transporting the taxpayer between business sites

Traveling expense deduction

What's included in traveling expense?

meals, lodging, and incidental expenses

Reduces the tax burden on domestic manufacturers as an incentive to invest

Domestic Production Activities Deduction (DPAD)

DPAD=

9% of the lesser of QPAI or MAGI

Qualified Production Activities Income=

Domestic production gross receipts - related expenses

50% of wages allocated to qualified activities

DPAD limit

Recurring item

immaterial items that occur on a regular basis

Adjusted Basis

asset's cost not yet recovered through deductions (Initial cost - accumulated depreciation)

Components of MACRS

Original cost, depreciation method, recover period, and the depreciation convention

Depreciation Convention

Amount of depreciation deductible in the year of acquisition and disposition

Personal Property Depreciation

All tangible property