Chapter 1 Federal Income Taxation An Overview Kevin Murphy Mark Higgins ©2008 South-Western What is the Definition of a Tax? An enforced, involuntary contribution Required and determined by law Providing revenue for public and governmental purposes For which no specific benefits or services are received © 2008 South-Western Transparency 1-2 Standards of a Good Tax System Adam Smith’s Four Criteria Equality Tax should be based on the taxpayer’s ability to pay Horizontal Equity: Two similarly situated taxpayers are taxed the same Vertical Equity: Differently situated taxpayers are taxed differently but fairly © 2008 South-Western Transparency 1-3 Standards of a Good Tax System Adam Smith’s Four Criteria Equality Certainty When and how a tax is to be paid should be known to the taxpayer The taxpayer should be able to determine the amount of the tax © 2008 South-Western Transparency 1-4 Filing Requirements Return must be filed annually Calendar-year individuals file and pay on or before the 15th day of April May receive an extension of time to file but not time to pay © 2008 South-Western Transparency 1-5 Standards of a Good Tax System Adam Smith’s Four Criteria Equality Certainty Convenience Tax should be levied when the taxpayer has funds available to pay © 2008 South-Western Transparency 1-6 Standards of a Good Tax System Adam Smith’s Four Criteria Equality Certainty Convenience Economy The costs of complying with the tax system should be minimal © 2008 South-Western Transparency 1-7 Tax Computation Tax = Tax Base X Tax Rate © 2008 South-Western Transparency 1-8 Tax Computation Tax = Tax Base X Tax Rate the value subject to taxation © 2008 South-Western Transparency 1-9 Tax Rates for Income Tax • Marginal Tax Rate is the rate of tax on the next dollar of taxable income • Average Tax Rate is the rate equal to the total tax divided by the tax base • Effective Tax Rate is the rate equal to the total tax divided by economic income © 2008 South-Western Transparency 1-10 Tax Structures average tax rate remains the same as tax base increases tax rate Proportional average rate tax base © 2008 South-Western Transparency 1-11 Tax Structures average tax rate decreases as tax base increases tax rate Regressive tax base © 2008 South-Western Transparency 1-12 Tax Structures average tax rate increases as tax base increases tax rate Progressive tax base © 2008 South-Western Transparency 1-13 Major Types of U.S. Taxes Employment Corporate Income Individual Income Total Taxes Property Sales All Others © 2008 South-Western Transparency 1-14 Types of U.S. Taxes Income Tax Taxes are paid by individuals, corporations, estates, and trusts Tax base is total income less allowed reductions © 2008 South-Western Transparency 1-15 Types of U.S. Taxes Employment Tax Taxes are paid by employees, employers, and self-employed taxpayer Tax base is wages and salaries earned Two major types Social Security Unemployment © 2008 South-Western Transparency 1-16 Types of U.S. Taxes Sales Tax Taxes are paid by purchasers of goods and services Tax base is the selling price of a product or a service © 2008 South-Western Transparency 1-17 Types of U.S. Taxes Property Tax Taxes are paid by owners of property Tax base is the assessed value of real or personal property (ad valorem) © 2008 South-Western Transparency 1-18 Types of U.S. Taxes Excise Tax Taxes are paid by purchasers Tax base is the quantity purchased and not the value of the purchase © 2008 South-Western Transparency 1-19 Types of U.S. Taxes Wealth Transfer Tax Taxes are paid by entity transferring property Tax base is the value of the property transferred Transfers to spouses and charities are excluded Lifetime Unified Credit excludes up to $2M in 2007 Donors may exclude annual gifts of $12,000 per donee © 2008 South-Western Transparency 1-20 Tax Formula Broadly defined income © 2008 South-Western Includes all forms of income (Chapter 3) Transparency 1-21 Tax Formula Broadly defined income minus: Exclusions Income specifically excluded from income by legislative grace (Chapter 4) © 2008 South-Western Transparency 1-22 Tax Formula minus: equals: Broadly defined income Exclusions Gross Income © 2008 South-Western Income to be Reported Transparency 1-23 Tax Formula minus: equals: minus: Broadly defined income Exclusions Gross Income Deductions Amounts specifically allowed as subtractions (Chapters 5 - 7) © 2008 South-Western Transparency 1-24 Some Deduction Examples Expenses (Chapters 5 & 6) Current period expenditures incurred in order to earn income Losses (Chapter 7) Transaction losses result when an asset is disposed of at a price less than its tax cost Annual losses result when allowed deductions exceed income Exemptions (Chapter 8) A minimum amount of income needed for basic living Personal and dependency ($3,400 each) © 2008 South-Western Transparency 1-25 Deduction Types minus: Gross Income For Deductions not restricted based on taxpayer’s income generally trade, business, rent or royalty expenses minus: From Deductions restricted based on Adjusted Gross Income generally personal expenses –Itemized, or –standard amount (changes with filing status) © 2008 South-Western Transparency 1-26 Tax Formula Adjusted Gross Income Gross Income minus: For Deductions equals: Adjusted Gross Income [AGI] © 2008 South-Western Transparency 1-27 Tax Formula Taxable Income Gross Income minus: For Deductions equals: Adjusted Gross Income [AGI] minus: From Deductions and Exemptions Taxable Income © 2008 South-Western Transparency 1-28 Tax Formula The Tax times: equals: minus: equals: © 2008 South-Western Taxable Income Tax Rate Income Tax Liability Prepayments & Credits Tax or (Refund) due Transparency 1-29 Audit and Appeals Process Statute of Limitations Three years from filing date Extends to six years if income is underreported by 25% of gross income No limitation for fraud or if no return is filed © 2008 South-Western Transparency 1-30 Audit and Appeals Process Selection for Audit Only about 2% of returns are audited Procedures used Discriminant Function System Taxpayer Compliance Measurement Program Document perfection & Information matching © 2008 South-Western Transparency 1-31 Tax Planning Goal is to maximize after-tax wealth © 2008 South-Western Transparency 1-32 Tax Planning Timing Time Value of money Defer income Accelerate deductions Marginal tax rate Recognize income in year of lower marginal rate Recognize deductions in year of higher marginal rate Shift income to taxpayer with lower marginal rate © 2008 South-Western Transparency 1-33 Tax Planning Tax Avoidance Vs. Tax Evasion Tax Avoidance - Taxpayers have no obligation to pay more tax than the law requires Tax Evasion - Taxpayers may not use fraudulent or deceptive behavior to hide tax liability © 2008 South-Western Transparency 1-34 Ethics Preparers are subject to penalties for negligence and fraud Ethical Standards IRS Circular 230 AICPA’s Code of Professional Conduct AICPA’s Statements on Standards for Tax Services © 2008 South-Western Transparency 1-35