Chapter 5 Introduction to Business Expenses Howard Godfrey, Ph.D., CPA UNC Charlotte Copyright © 2013 Dr. Howard Godfrey Edited August 10, 2013 Part 1. Introduction Part 2. Reporting Deductions, Conduits Part 3. Classification of Expenses – Profit motivated, Trade or business or Production of income, Rental, Personal, Mixed business and pleasure. Part 4. Tests for Deductibility –Ordinary, etc., Not personal, Not capital exp., Public policy, Not related to tax-exempt income, For taxpayer’s benefit Part 5. Limited Mixed-Use Expenses - Hobby, Vacation home, Home office Part 6. Timing – Cash basis, Accrual basis, Related party accrued expenses, Financial accounting and tax differences 5. DEDUCTIONS Intro. to Bus. Expenses Not a Capital Expenditure Introduction Not Frustrate Public Policy Reporting Deductions Not for Tax-Exempt Income Conduit Entity Reporting For Taxpayer's Benefit Types of Deductions Limited Mixed-Use Exp. Profit-Motivated Expenses Hobby Expenses Trade or Business Expenses Vacation Homes Production-of-Income Home Office Expenses Timing - Acct. Methods Rental Activity Personal Expense Cash Method Mixed Bus. & Personal Exp. Accrual Method Tests for Deductibility Related Party Accruals Ord., Necessary, Reasonable Not a Personal Expense Financial vs.Tax Accounting Summary Educational Expenses Barb is a CPA. She operates a tax practice During the year, she spent the following: Annual CPA license renewal fee: Fees for CPE courses to meet State CPA Board Requirement: Tuition for first semester in law school - attending night school: How much is deductible $500 $2,000 $8,000 Educational Expenses Barb is a CPA. She operates a tax practice During the year, she spent the following: Annual CPA license renewal fee: Fees for CPE courses to meet State CPA Board Requirement: Tuition for first semester in law school - attending night school: How much is deductible $500 $2,000 $8,000 $2,500 Reporting Deductions Conduit Entities Taxable income? (single - 1 exemption) - 2011 Income & Exp. Facts Wages earned $60,000 Alimony Paid (10,000) NC Income Tax (4,000) Charity (3,000) Union Dues (1,200) AGI Itemized ded. Exemption Tax. Income AGI From AGI T-Income Taxable income? (single - 1 exemption) - 2013 Income & Exp. Facts AGI Wages earned $60,000 $60,000 Alimony Paid (10,000) (10,000) NC Income Tax (4,000) Charity (3,000) Union Dues (1,200) AGI Itemized ded. Exemption Tax. Income 50,000 From AGI T-Income Taxable income? (single - 1 exemption) - 2013 Income & Exp. Facts AGI From AGI T-Income Wages earned $60,000 $60,000 Alimony Paid (10,000) (10,000) NC Income Tax (4,000) (4,000) Charity (3,000) (3,000) Union Dues (1,200) (200) AGI 50,000 Itemized ded. (7,200) Exemption (3,900) Tax. Income 38,900 Entity Reporting Al and Beth partnership’s income of $37,000 in 2013 included the following: Dividend income $ 1,000 Long-term capital gain 4,000 They share profits and losses equally. What amount of partnership income (excluding all separately reported items) should each partner report on his individual income tax return for 2013? a. $16,000 b. $18,500 c. $ 15,000 d. Other 10 Al & Beth partnership (50:50) had book net income of $37,000 in current year which included: Ordinary Book income $37,000 Adjustments Dividend income $1,000 LT capital gain 4,000 Ordinary Income What is Ordinary income? Al & Beth partnership had book net income of $37,000 in current year which included: Ptshp Book income Beth-1040 $37,000 Adjustments Dividend income Long-term cap. gain $1,000 ($1,000) $500 4,000 (4,000) $2,000 Ordinary Income What is Ordinary income? $32,000 $16,000 Deduction Classification Profit-Motivated Expenses Trade or Business or Production-of-Income Rental Activity Personal Expenditures Bus. & Personal Expenses Code Sections • Sec. 161 - deductions permitted only for those expenses and losses for which a deduction is authorized • Sec. 162(a) authorizes deductions for ordinary and necessary expenses, that are reasonable in amount, and incurred in actively carrying on a trade or business • Sec. 212 authorizes deductions for expenses related to production of income (investment-related expenses) Rules for Deductions for AGI. [1 of 7] • A taxpayer reports income and can deduct reasonable expenses (and losses) for a trade or business operation. • A taxpayer reports income and can deduct reasonable expenses (and losses) for a transaction entered into for profit, even though it does not meet the definition of a trade or business operation. Rules for Deductions for AGI. [2 of 7] • A trade or business operation often means providing goods or services to customers. (By comparison, an employee provides services to his or her employer.) • When you buy an asset hoping to sell it later at a profit (such as buying IBM stock) you are not in a trade or business, but this is a transaction entered into for profit. Rules for Deductions for AGI. [3 of 7] • There is no good definition of a trade or business. • An typical investor is not in a trade or business. However, Wachovia Securities invests in stocks and sells stocks to its customers. It is a trade or business. • If you buy land and build an apartment building on it for resale, you may not be in a trade or business. If you repeat this 20 times, you are in a trade or business as a real estate developer. • When does your activity rise to the level that causes you to be in a trade or business? Who knows? Rules for Deductions for AGI. [4 of 7] • Expenses (and losses) are deductible “For AGI” if they are for a trade or business operation (generally providing goods or services to customers, clients, etc.). • Expenses are deductible “For AGI” is they are for a transaction entered into for profit, and they involve property that generates rental income or royalty income. • Expenses for other transactions entered into for profit are deductible as Misc. Item. Deductions. Rules for Deductions for AGI.[5 of 7] • A taxpayer can deduct reasonable expenses (and losses) for a trade or business operation. (Sec. 162) • A taxpayer can deduct reasonable expenses (and losses) for a transaction entered into for profit, even though it does not meet the definition of a trade or business operation. (Sec. 212) Rules for Deductions for AGI. [6 of 7] • Renting property to tenants (for example under one-year contract or longer) is generally not a trade or business, unless you provide substantial services. • A golf course technically rents you the land for a few hours, but you are mainly paying for service. • A Marriott Hotel is a trade or business. They have many customers and they provide substantial services to their customers. Rules for Deductions for AGI. [7 of 7] • An employee is in the trade or business of being an employee, but is subject to special limits on deductions. • Employee expenses are deductible from AGI (Misc. Deductions) except for reimbursed expenses. (If the reimbursement is included in income, there is an offsetting deduction for AGI. Usually, reimbursed expenses are not included in income, so there is no deduction.) Charlotte Corporation Building bought on 1/1/Yr 1 Cost 1/1/Yr-1 $400,000 Mortgage 10% $400,000 (Pay interest only) Annual Deprec. Expense $10,000 Annual insurance & taxes $15,000 Value 1/1/Yr-1 $400,000 Value Rental Office Building 12/31/Yr-1 $500,000 Rental income $60,000 Per Year T/P buys Rental Building on 1-1-Year 1 Cost 1/1/Yr-1 $400,000 Mortgage 10% $400,000 Value of Building 1/1/Yr-1 $400,000 Value of Building 12/31/Yr-1 $500,000 Rent Revenue Depreciation Interest Expense Taxes,insurance Taxable Income (loss) $60,000 T/P buys Rental Building on 1-1-Year 1 Cost 1/1/Yr-1 $400,000 Mortgage 10% $400,000 Value of Building 1/1/Yr-1 $400,000 Value of Building 12/31/Yr-1 $500,000 Rent Revenue $60,000 Depreciation (10,000) Interest Expense (40,000) Taxes,insurance (15,000) Taxable Income (loss) ($5,000) An employee reports the following: Salary Dividend income Income from rents $90,000 2,000 16,000 Expenses for rental property 9,000 Cost of stock mkt newsletter 3,000 Unreimbursed employee exp. 1,000 Which are deductible from AGI (before limits)? a. $1,000 b. $3,000 c. $4,000 d. $9,000 An employee reports the following: Salary Dividend income Income from rents $90,000 2,000 16,000 Expenses for rental property 9,000 Cost of stock mkt newsletter 3,000 $3,000 Unreimbursed employee exp. 1,000 Itemized Deductions 1,000 $4,000 Which are deductible from AGI (before limits)? a. $1,000 b. $3,000 c. $4,000 d. $9,000 Investor Losses • An investor in the stock market deducts investment related expenses from AGI on Schedule A. • An investor in the stock market reports gains (and deducts losses) on the sale of stock on Schedule D, and the net gain or loss (subject to loss limits) flows from Schedule D to the front of Form 1040. • Capital losses from stock sales are deductible for AGI. Tests for Deductibility Ordinary, Necessary, Reasonable in amount Not Personal Expense Not Capital Expenditure Public Policy Not for Exempt Income For Taxpayer's Benefit Kelley. Interest Deduction When Kelley couldn’t make payments on a business loan, her brother Mike made three monthly payments of $700 each, a total of $2,100 ($1,950 for interest expense and $150 for principal) for Kelley’s loan. Kelley makes the other nine monthly payments herself ($5,850 for interest expense and $450 for principal). a. What is Mike’s deduction for interest expense? b. What is Kelley’s deduction for interest expense? c. What could they have done to preserve the tax deductions? Explain. Kelley. Interest Deduction a. Mike cannot deduct anything because it is not his loan. b. Kelly can only deduct the $5,850 interest expense for the nine monthly payments that she made. c. Mike should have given (or loaned) the money to Kelly and let Kelly make the loan payments. hat way, Kelly could take a deduction for the $7,800 interest paid that year. Expense Requirements. Business expense: deductible if it is • Ordinary and necessary (considered an appropriate expense by a prudent business person) • Reasonable in amount (not excessive) Disallowed Deductions. Unless provided for otherwise in the Code, a deduction will be disallowed if it is 1. A personal Expense 2. A capital expenditure But see-Start-up costs. 3. Contrary to public policy (fines, penalties) 4. Lobbying or political expenditure 5. Related to tax-exempt income 6. The obligation of another taxpayer 7. Accrued to related party (no deduction until related party recognizes income). Costs of Starting a Business. • Sec. 162 allows deductions for “carrying on” a business. Expenses incurred prior to the commencement of operations do not qualify as “carrying on” a business but may be deductible as one of the following: – Business investigation expenses – Start-up expenses – Organization costs Business Investigation. Investigation expenses incurred while preparing to enter business include travel, market surveys, and feasibility studies • If the taxpayer is in a similar existing business deduction allowed as a current expense • If taxpayer is not in a similar existing business – If new business acquired - expenses are part of start-up expenses. See next slide – If new business not acquired - no deduction Start-up Expenses. • Start-up expenses are incurred after the decision to proceed with the new business, but before beginning actual operations (employee training and advertising) –If the business is related to the taxpayer’s existing business, start-up costs are considered continuing costs and are deductible currently Start-up Expenses. Textbook page 5-19. If the new business is not related to an existing business –Can deduct up to $5,000 (combined business investigation and start-up expenses) in the tax year in which the business begins –$5,000 amount is reduced by amount cumulative investigation and start-up expenses exceeds $50,000 –Remainder of investigation and start-up expenses amortized over a 15-year period Organization Costs. • Defined as costs related to the formation of a corporation or partnership (fees paid to the state for incorporation, legal fees, and accounting fees) and incurred before end of first year • Can deduct up to $5,000 in the year business begins • $5,000 deduction is reduced by amount organizational costs exceeds $50,000 • Remaining organizational costs amortized over 15 years (180 months) Organization Expenses-1 Costs of issuing or selling stock and transferring assets to the corporation reduce the amount of capital raised and are not deductible 38 Organization Expenses-2 Which of the following costs are amortizable organizational expenditures? a. Professional fees to issue the corporate stock. b. Printing costs to issue the corporate stock. c. Legal fees for drafting the corporate charter. d. Commissions paid by the corporation to an underwriter. CPA Nov. 1994 39 On 1-1-13, ABC Corp. was organized. On that date, Bell paid $23,000 to its attorney for organizing the corporation. What is deducted for 2013? a $6,000 b. $5,120 c. $6,200 d. $23,000 40 ABC Corporation - Continued Facts Organization costs Threshold Excess First-Year write-off amount $5,000 Less: excess above 0 Write-off Amount to be amortized Amortization period- Months Amortization per month Number of months Amortization for year Deduction & amortization $23,000 50,000 0 Deduct ABC Corporation - Continued Facts Organization costs Threshold Excess First-Year write-off amount $5,000 Less: excess above 0 Write-off Amount to be amortized Amortization period- Months Amortization per month Number of months Amortization for year Deduction & amortization Deduct $23,000 50,000 0 5,000 18,000 180 100 12 $1,200 5,000 $1,200 $6,200 On Jan. 1, 2013, Bell Corp. was organized. On that date, Bell paid $90,000 to its attorney for organizing the corporation. What is deducted for 2013? a $6,000 b. $5,120 c. $5,000 d. $6,800 43 Costs of Investigating Potential Business Already in New Business New Business that type of is started or is NOTstarted Business acquired or acquired Yes No Deduct this year Up to $5,000 write-off this yr. Amortize over 180 Months. Deduct this year Never Deductible Diane. Business Investigation Expenses Diane owns and manages a successful clothing store in Dallas. Before graduation of her brother, Cameron, they investigated the possibility of opening another store in Atlanta for Cameron to manage. Diane. Business Investigation Expenses Diane and Cameron each paid $1,600 in travel costs while looking for sites for the store. Each paid $300 in legal fees for a lawyer to compile a list of zoning regulations and other relevant city ordinances. They decide that it is not feasible to open a new store at the present time. Can Diane and Cameron deduct their business investigation expenses? Explain. Diane. Business Investigation Expenses Diane can deduct $1,900 ($1,600 + $300) in the current year as business investigation expenses. Diane can deduct this amount because she is already in the clothing business and expenses for potential expansion are ordinary business expenses whether or not a new store is opened. Diane. Business Investigation Expenses Her brother, however, is not permitted any deduction for the $1,900 that he expended. Cameron could only capitalize and amortize the expenses if the new store was opened. Expenses of Illegal Business Taxpayer sells drugs at local junior high school. • We know revenue from an illegal business is taxable. • May he deduct expenses such as “pay-offs” to police and school officials, etc.? • He cannot deduct certain expenses – when it would be against public policy to allow the deduction. • In many cases normal expenses such as auto expenses would be deductible. • But Congress added a code section prohibiting deduction of expenses by a dealer in illegal drugs. • Deductions are allowed for normal expenses of other types of illegal businesses. Mixed-Use Expenses Hobby Expenses Vacation Homes Home Office Expense ACTIVITIES NOT … FOR PROFIT 183(a) GENERAL RULE. --In the case of an activity engaged in by an individual or an S corporation, if such activity is not engaged in for profit, no deduction attributable to such activity shall be allowed under this chapter except as provided in this section. Hobby Expenses. • Activities that earn income and incur expenses but do not meet the requirements to be a business or investment are hobbies • Regulations list factors to consider in determining if activity is a hobby including: – Manner in which activity carried on – Expertise of taxpayer and/or consultants – Time and effort spend in activity – Actual profits earned in one or more years – Elements of pleasure or recreation Hobby Expenses • If a profit is realized in 3 out of 5 years (2 out of 7 years for horses) then burden of proof shifts to IRS to prove activity is a hobby – Taxpayer can deduct expenses, even if a net loss results, by showing activity is run in a businesslike manner • If activity is a hobby, the deduction for expenses is limited to hobby income Hobby Expenses Expenses deducted in this order: 1. Otherwise allowable expenses (mortgage interest, taxes, and casualty losses) 2. Expenses that do not reduce the tax basis of the assets used in the hobby (advertising, insurance, utilities and maintenance) 3. Depreciation and amortization Excess expenses are lost - no carryover Sec. 183 Activities Not.. For Profit -1 (b) Deductions Allowable.-In the case of an activity not engaged in for profit to which subsection (a) applies, there shall be allowed-(1) the deductions which would be allowable … without regard to whether or not such activity is engaged in for profit, and Sec. 183 Activities Not … For Profit -2 (b) Deductions Allowable.-(2) a deduction equal to the amount of the deductions which would be allowable … … only if such activity were engaged in for profit, but only to the extent that the gross income derived from such activity for the taxable year exceeds the deductions allowable by reason of paragraph (1). Hobby, Vac. Home, Home Office Revenue Interest & Prop. Tax $100 (60) 40 Insurance, etc. ($30) (30) Limit on Depreciation 10 Depreciation ($25) (10) Income (Loss) $0 Teresa. Business vs. Hobby. 1 of 4. Teresa is an accomplished actress. During the summer, she rented a vacant store to stage productions of four plays, using the local townspeople as actors and stagehands. She sold $24,000 of tickets to the various plays. Her expenses included $10,000 for copyright fees, $3,000 store rental, $8,000 for costume purchases and rentals, $2,000 for props and other supplies, and $4,000 for all other miscellaneous expenses related to producing the series of plays. Teresa. Business vs. Hobby. 2 of 4. a. How does Teresa treat the revenue and expenses if the activity is deemed a business? b. How does Teresa treat the revenue and expenses if the activity is considered a hobby? c. What are some of the factors that should be considered in deciding if this constitutes a business or a hobby? Teresa. Business vs. Hobby. 3 of 4. a. If the activity is a business, Teresa may deduct all of the expenses from the revenue; she will report a loss of $3,000 ($24,000 - $10,000 - $3,000 $8,000 - $2,000 - $4,000). b. If the activity is a hobby, Teresa will be able to deduct expenses only to the extent of her income from the activity. So she can deduct only $24,000 of the expenses. Teresa. Business vs. Hobby. 4 of 4. c. Some factors that should be considered are: Manner in which the taxpayer carries on the activity; Expertise of the taxpayer and/of the taxpayer’s consultants; Time & effort spent by taxpayer in the activity; Taxpayer’s history of profits or losses for this activity; Success of the taxpayer in similar activities; Overall financial status of the taxpayer; and Elements of pleasure or recreation that are part of the activity. Vacation Homes Duplex Family Residence Rental Property Rent Rev. $12,000 Mort. Interest & Property Taxes: $10,000 Sched. A: $5,000 Sched. E: $5,000 Property Ins., Repairs, Maint. : $6,000 Sched. E: $3,000 Depreciation Expense: $8,000 Sched. E: $4,000 Residential Rental Property • If rental of real estate is a business, all income is included and all expenses are deductible, even if it creates a loss (subject to passive loss rules) • Expenses include: advertising, cleaning, maintenance, utilities, insurance, taxes, interest, commissions for collection of rent, travel to collect rental income or to manage the property or maintain the property Residential Rental Property • When property is converted from personal to rental property, expenses must be divided between rental and personal use • No depreciation or insurance deduction allowed for personal-use part of year • Mortgage interest and real estate taxes for personal-use can be deducted as itemized deductions Rental of a Vacation Home • If the residence is rented for less than 15 days during the year a de minimis exception applies –No rental income is reported and –No deductions are allowed for expenses other than mortgage interest and property taxes as itemized deductions Rental of a Vacation Home • If rental period is greater than 14 days and • If personal use does not exceed the greater of 14 days or 10% of the rental days –All rent is included in income –Expenses are allocated between rental and personal use –All expenses related to the rental use are deductible (even if this creates a loss) Rental of a Vacation Home • If rental period is greater than 14 days but • Personal use exceeds the greater of 14 days or 10% of the rental days – Rental expenses limited to rental income (no loss) – Nondeductible rental expenses can be carried forward to the future years – Real estate taxes and mortgage interest for personal-use portion allowed as itemized deductions Vacation Home Rules Period Rented To Others Time of Not more than greater of 14 days or 10% of total days rented Personal More than greater of 14 days Use or 10% of total days rented 14 days or less 15 days or more 1 2 Sec. 183(Hobby Rules) Sec. 183(Hobby Rules) 3 4 Sec. 280A(g) Sec. 280A-Gen. Rule Sec. 280A Disallowance of Certain Expenses … Business Use of Home, Rental of Vacation Homes, etc. (a) General Rule.-- Except as otherwise provided in this section, in the case of a taxpayer who is an individual or a S corporation, no deduction otherwise allowable … shall be allowed with respect to the use of a dwelling unit which is used by the taxpayer during the taxable year as a residence. Sec. 280A Disallowance of Certain Expenses … Business Use of Home, Rental of Vacation Homes, etc. (b) Exceptions for Interest, Taxes, Casualty Losses, Etc.-Subsection (a) shall not apply to any deduction allowable to the taxpayer without regard to its connection with his trade or business (or with his incomeproducing activity). Sec. 280A Disallowance… (d) Use as Residence.-(1) In General.--For purposes of this section, a taxpayer uses a dwelling unit during the taxable year as a residence if he uses such unit (or portion thereof) for personal purposes for a number of days which exceeds the greater of-- Sec. 280A Disallowance… (d) Use as Residence.-(A) 14 days, or 10 percent of the number of days during such year for which such unit is rented at a fair rental. For purposes of subparagraph (B), a unit shall not be treated as rented at a fair rental for any day for which it is used for personal purposes. Sec. 280A Disallowance… (g) Special Rule for Certain Rental Use.-Notwithstanding any other provision of this section or section 183, if a dwelling unit is used … by the taxpayer as a residence and … rented for less than 15 days during the taxable year, then-- Sec. 280A Disallowance… (g) Special Rule...-… (1) no deduction otherwise allowable … because of the rental use of such dwelling unit shall be allowed, and (2) the income derived from such use for the taxable year shall not be included in the gross income of such taxpayer under section 61. (e) Expenses Attributable To Rental.-(1) In General.--…where .. an individual or an S corp. uses a dwelling unit for personal purposes on any day .. (whether or not he is treated under this section as using such unit as a residence), the amount deductible.. with respect to expenses attributable to the rental of the unit (or portion thereof) .. shall not exceed an amount which bears the same relationship to such expenses as the number of days during each year that the unit (or portion thereof) is rented at a fair rental bears to the total number of days .. that the unit (or portion thereof) is used. (e) Expenses Attributable To Rental.-- (2) Exception for Deductions Otherwise Allowable.--This subsection shall not apply with respect to deductions which would be allowable under this chapter for the taxable year whether or not such unit (or portion thereof) was rented. Sue rents her vacation home for 60 days and lives in the home for 30 days. Sue's gross Rental income is $5,000 Expenses for the entire year: Real estate taxes $2,300 Mortgage interest expense $7,000 Utilities and maintenance $2,400 Depreciation $9,000 How much depreciation will Sue deduct on her tax return? a. $1,871 b. $6,000 c. $3,000 d. $1,400 Vacation Home Rules Period Rented To Others Time of Not more than greater of 14 days or 10% of total days rented Personal More than greater of 14 days Use or 10% of total days rented 14 days or less 15 days or more 1 2 Sec. 183(Hobby Rules) Sec. 183(Hobby Rules) 3 4 Sec. 280A(g) Sec. 280A-Gen. Rule VACATION HOME Home Use: Problem Data The tax rules covering this Days of Personal Use 30 Days Rented 60 Total Days Used 90 Rev. & Exp. shown below problem are in IRC Section 280A. Note that there are two ways to allocate interest and taxes between rental and personal use. See Textbook. Repeat this with IRS Approach. Vacation Home for Sue Revenue Schedule E Schedule A and Expenses Total Revenue $5,000 1. Interest 7,000 / / 2. Taxes 2,300 / / Fraction $5,000 Total Interest & Taxes 9,300 Subtotal 3. Other Exp. except Deprec. 2,400 / Net Income Before Dep. 4. Depreciation Expense Limit on Depreciation Net Income or Loss 9,000 Rental Fraction / Personal Vacation Home for Sue Revenue Schedule E Schedule A and Expenses Total Revenue $5,000 1. Interest 7,000 60 / 365 1,151 305 / 365 $5,849 2. Taxes 2,300 60 / 365 378 305 / 365 1,922 90 1,529 3,471 1,600 Fraction Subtotal 60 / Net Income Before Dep. 4. Depreciation Expense Limit on Depreciation Net Income or Loss 1,871 9,000 Personal $5,000 Total Interest & Taxes 9,300 3. Other Exp. except Deprec. 2,400 Rental Fraction 60 / 90 6,000 1,871 $ - 7,771 Home Office Expenses Home Office Expenses Home office must be used exclusively on a regular basis and meet one of the following three tests to be deductible 1. the principal place of business for any business of taxpayer, or 2. a place for meeting with clients or customers in the normal course of business, or 3. located in a separate structure Home Office Expenses • Principal place of business includes a place used for the administrative or management activities of the business if there is no other fixed location available • Employee must also show that the office is maintained for the convenience of the employer • Deductible expenses include portion of rent or mortgage interest, property taxes, insurance, utilities, repairs, depreciation but are limited to gross income from the business Home Office Expenses Expenses are deducted in this order: Expenses directly related to the business other than home office expenses (supplies) The allocated portion of otherwise deductible itemized deductions (mortgage interest and property taxes) 3. Other home expenses including utilities, insurance, and maintenance 4. Depreciation Excess expenses are carried forward Maureen. Home Office Expenses Maureen operates a cosmetic sales business from her home. She uses 400 of 1,600 square feet of the home as an office. Her income before her home office deduction is $2,300. How much of the following unapportioned expenses for the home are deductible? If any of the expenses are not deductible currently, how are they treated for tax purposes? Mortgage interest Property taxes Utilities Repairs and maintenance Depreciation for the entire house $5,000 1,400 1,200 600 6,000 Maureen. Home Office Expenses Deductible expenses for home office are limited to the business income ($2,300) and she must account for expenses in the following order: Mortgage interest & property taxes [($5,000 + $1,400) x (400/1600)] $1,600 Utilities & repairs [($1,200 + $600) x 400/1600] 450 Depreciation ($6,000 x 400/1600 = $1,500) limited to $250 ($2,300 - $1,600 - $450 = $250). 250 The nondeductible portion of the depreciation ($1,250) will be carried forward to future years and subject to similar limitations. Section 280A (c) Exceptions for Certain Business or Rental Use; Limitation on Deductions for Such Use.-(1) Certain Business Use.--Subsection (a) shall not apply to any item to the extent such item is allocable to a portion of the dwelling unit which is exclusively used on a regular basis-(A) the principal place of business for any trade or business of the taxpayer, (B) as a place of business which is used by patients, clients, or customers in meeting or dealing with the taxpayer in the normal course of his trade or business, or (C) in the case of a separate structure which is not attached to the dwelling unit, in connection with the taxpayer's trade or business. In the case of an employee, the preceding sentence shall apply only if the exclusive use referred to in the preceding sentence is for the convenience of his employer. Section 280A (c) Exceptions for Certain Business or Rental Use; Limitation on Deductions for Such Use.-- For purposes of subparagraph (A), the term "principal place of business" includes a place of business which is used by the taxpayer for the administrative or management activities of any trade or business of the taxpayer if there is no other fixed location of such trade or business where the taxpayer conducts substantial administrative or management activities of such trade or business. Timing—Acct. Method Cash Method Accrual Method Related Parties Fin-Tax Differences Cash Method • When an expense is paid by providing services, the expense can be deducted but the value of the services provided is also income • Assets with useful lives extending substantially beyond the end of the year must be capitalized with their cost recovered through depreciation, amortization, or depletion • When considering whether to make an early payment of year-end expenses, the tax rates for both years and the time value of money should be considered Use of Cash Method • Businesses that sell merchandise to their customers must use the accrual method to account for purchases and sales of inventory – Cash method can be used for other than inventory and cost of goods sold • Large corporations with average annual gross receipts of more than $5 million cannot use the cash method for tax reporting • All personal service corporations can use the cash method Prepaid Expenses • Prepaid expenses must be capitalized as assets and their costs prorated if their lives exceed one year and the items will not be consumed by the close of the following year • But see one-year rule. • Prepaid interest must generally be prorated over the life of the loan – OID is a form of prepaid interest and must be amortized over term of loan Bender. Prepaid Rent On October 1, Bender (calendar-year, cash-basis taxpayer) signs a lease with Realco to rent office space for 36 months. Bender obtains favorable monthly payments of $600 by agreeing to prepay the rent for the entire 36-month period. a. If Bender pays the entire $21,600 on October 1, how much can it deduct in the current year? b. Assume the same facts above except that the lease requires Bender to make three annual payments of $7,200 each on October 1 of each year for the next 12 months rent. On October 1 of the current year, Bender pays $7,200 for the first 12-month rental period. How much can Bender Company deduct in the current year? Bender. Prepaid Rent a. Bender can only deduct $1,800 (3 x $600) rent for the three months remaining in the current year, because the rent payment is for a period extending beyond the end of the succeeding year. b. Bender can deduct the $7,200 in each year that it is paid. The contract calls for the advance payments and each payment does not extend beyond the end of the year following the year it is paid. Simon Corp. Prepaid Expenses On December 15, Simon Corporation (a cash-basis calendar-year corporation) paid $5,000 for five months of supplies and $9,000 for an insurance policy covering its office building for the next three calendar years. How much can Simon deduct this year for these expenses? Simon Corp. Prepaid Expenses Simon can only deduct the $5,000 paid for supplies. The insurance payment must be capitalized and written off onethird in each of the years it covers as if Simon was an accrual-basis taxpayer. Substantiation. • All taxpayers must maintain records that substantiate their expense deductions • Stringent substantiation requirements for travel, entertainment, and gifts – Amount of expenditure – Time and place (or date & description of gift) – Business purpose of expenditure – Business relationship of person entertained or receiving a gift Timing of Deductions • Accrual method – expenses deductible when – “All events” have occurred that fix liability and – “Economic performance” occurs (property or services provided or used) • Cash basis taxpayer - expenses deductible when paid – Date check is mailed – Date charged on credit card Accrual Accounting-1 REG §1.446-1. ..methods of accounting …a liability is incurred, …, [when] all events have occurred that establish the liability, the amount of the liability can be determined with reasonable accuracy, and economic performance has occurred with respect to the liability. Aloha. Timing of Expense Deduction Aloha Airlines is required by law to have its aircraft engines tested and recertified after 5,000 flight hours. Molokai Maintenance performs the engine tests and recertification for $2,200 per aircraft. For financial accounting purposes, Aloha establishes a reserve account and accrues a maintenance expense of 44 cents per flight hour. When the maintenance is done, the amount paid for the maintenance is deducted from the reserve account. For tax purposes, when can the maintenance expense be deducted? Aloha. Timing of Expense Deduction Businesses are not permitted to use reserves for expenses for tax purposes. Aloha can only deduct the repair expenses 1. in the year repairs are performed, if it is an accrual-basis taxpayer, or 2. when they are paid, if it is a cashbasis taxpayer. Accrual Accounting-1 REG §1.446-1. ..methods of accounting …a liability is incurred, …, [when] all events have occurred that establish the liability, the amount of the liability can be determined with reasonable accuracy, and economic performance has occurred with respect to the liability. 104 Accrual Accounting-1 • Automobile manufacturer sells an auto to dealer for a wholesale price of $30,000. • Dealer sells it later that year for $40,000. • Manufacturer warrants the auto for five years and estimates that the warranty cost over five years will be $3,000 per auto. • Is the manufacturer permitted to recognize an expense in the year of sale and set up a “reserve” for future warranty costs (equal to $3,000 per auto sold this year)? See Reg earlier. 105 Accrual Accounting-2A Manufacturer provides a 3-year warranty. Financial statement for its first year: Sales $1,000,000 Cost of sales 600,000 Expenses 300,000 Net income before taxes $100,000 Expenses include a reserve of $20,000 [Reserve for future repair costs on units sold in the current year.] What is taxable income for current year? a. $100,000 b. $80,000 c. $120,000 106 Accrual Accounting-2-Ans Manufacturer provides a 3-year warranty. Financial statement for its first year: Sales $1,000,000 Cost of sales 600,000 Expenses 300,000 Net income before taxes $100,000 Expenses include a reserve of $20,000 [Reserve for future repair costs on units sold in the current year.] What is taxable income for current year? a. $100,000 b. $80,000 c. $120,000 107 Accrual Accounting-3A Manufacturer provides a 3-year warranty. Financial statement for its first year: Sales $1,000,000 Cost of sales 600,000 Expenses 300,000 Net income before taxes $100,000 Expenses include a reserve of $20,000 [Reserve for future repair costs on units sold in the current year.] Tax Rate 40% . Balance in deferred tax asset or liability account at end of Year 1? 108 Accrual Accounting-3-Ans Manufacturer provides a 3-year warranty. Financial statement for its first year: Sales $1,000,000 Cost of sales 600,000 Expenses 300,000 Net income before taxes $100,000 Expenses include a reserve of $20,000 [Reserve for future repair costs on units sold in the current year.] Tax Rate 40% . Balance in deferred tax asset or liability account at end of Year 1? $8,000 109 Compute taxable income for Hurd, Inc. Hurd, Inc. reported for year ending 12-31-2013: Info. Return Book net income before taxes $900,000 $900,000 Records show: Interest on municipal bonds 70,000 Depreciation on tax return in excess of deprec. per books 130,000 Warranty expense- accrual basis 40,000 Actual warranty expenditures 60,000 Taxable income Tax Rate 40% 40% Tax liability 110 Compute taxable income for Hurd, Inc. Hurd, Inc. reported for year ending 12-31-2013: Info. Return Book net income before taxes $900,000 $900,000 Records show: Interest on municipal bonds 70,000 ($70,000) Depreciation on tax return in excess of deprec. per books 130,000 ($130,000) Warranty expense- accrual basis 40,000 40,000 Actual warranty expenditures 60,000 ($60,000) Taxable income 680,000 Tax Rate 40% 40% Tax liability $272,000 111 Income Tax Accounting Sales in Yr. 1 - Accrual method $400,000 Warranty period 12 Months Est. warranty cost - % of sales 10% Est. warranty cost for year 1 $40,000 Part of warranty cost paid in Yr. 1 40% Part of warranty cost paid in Yr. 2 60% Income Tax Rate 30% Amt. of Warranty Liab.- End of Yr. 1 Amt. of deferred tax asset or liability at end of Year 1? Is it a Deferred Asset or Liability? Liability for Warranties [1 of 4] MufCo sells mufflers with a 1-year guarantee. MufCo provides a free replacement of a defective muffler, and installs the muffler for a service charge of $10. In 2010, MufCo sold 100,000 mufflers at $50 each, and expects that 1% of the mufflers will be defective. Mufflers cost MufCo $20 each. The entry to record warranty expense for 2010 would include: a. credit product warranty expense for $20,000 b. debit estimated warranty liability for $20,000 c. debit product warranty expense for $30,000 d. credit estimated warranty liability for $20,000 Muffler Company - 2 of 4 Mufflers sold (in dollars) Mufflers sold (in units) Expected defect rate Expected defects Cost per muffler Estimated warranty cost $5,000,000 100,000 1% 1,000 $20 $20,000 Warranties [3 of 4] Journal Entries Accts. Receivable Sales Warranty Expense Warranty Liability Warranty Liability Inventory Cash Revenue Warranties [4 of 4] Journal Entries Accts Receivable Sales 5,000,000 5,000,000 Warranty Expense Warranty Liability 20,000 Warranty Liability Inventory Cash Revenue 20,000 20,000 20,000 10,000 10,000 Assumes 1,000 mufflers were replaced during year. Turtle Co. Slide 1 of 3 Turtle Co. bought equipment on Jan-1 year 1, for $50,000. Equipment had an estimated 5-year service life & no expected salvage value. Turtle uses the 200% double-declining depreciation method. Assume income tax rate is 30%. What is accumulated depreciation at the end of year 2? a. $30,000 b. $32,000 c. $39,200 d. $42,000 Turtle Co. Tax Accounting. [2 of 3] Begin. Book Year Value Tax Deprec. Exp. GAAP Deprec. Exp. Income Income Excess Tax Tax Deprec. Rate Benefit Yr. 1 50,000 20,000 10,000 10,000 30% 3,000 Yr. 2 30,000 12,000 10,000 2,000 30% 600 Assume 30% income tax rate. Complete for Year 1. GAAP Expenses including depreciation total $60,000. GAAP Revenue Expenses Net Income before Tax Income Tax Expense Net Income Tax $100,000 Revenue $100,000 60,000 Expenses $40,000 Taxable Income Tax Due What is the deferred tax liability at the end of year 1? Answer? Turtle Co. Tax Accounting. [3 of 3] Begin. Book Year Value Tax Deprec. Exp. GAAP Deprec. Exp. Income Income Excess Tax Tax Deprec. Rate Benefit Yr. 1 50,000 20,000 10,000 10,000 30% 3,000 Yr. 2 30,000 12,000 10,000 2,000 30% 600 Assume 30% income tax rate. Complete for Year 1. GAAP Expenses including depreciation total $60,000. GAAP Revenue Expenses Net Income before Tax Income Tax Expense Net Income $100,000 60,000 $40,000 $12,000 $28,000 Tax Revenue $100,000 Expenses 70,000 Taxable Income $30,000 Tax Due $9,000 What is the deferred tax liability at the end of year 1? Answer? $3,000 Sales Co. (Co. started in 2010) [Slide-1] Bad Debts. Direct write-off for Tax Purposes Amounts in $Thousands Sales 2010 GAAP 2011 Tax $800 $800 GAAP Tax $800 $800 Cost of Sales 500 500 500 500 Gross Margin 300 300 300 300 80 60 50 60 100 100 120 120 Bad Debts Expense Total other expenses Net Income Before Tax $120 $140 $130 $120 Amount of the deferred tax asset at 12-31-11? Assume income tax rate is 34% Sales Co. [Slide-2] Book Income $120,000 130,000 250,000 Year 2010 2011 Total Difference Marginal rate Deferred Tax Asset Taxable Income $140,000 120,000 260,000 10,000 34% $3,400 Sales Company [Slide-3] In 2010, taxable income exceeded book net income because write-off of receivables on tax return was less than bad debts expense (Uncollectible Accounts Expense) in financial statements. In 2011, taxable income was less than book income. Cumulative difference at end of 2011 was $10,000. Tax Accounting vs. Financial Acct Tax vs. Financial Accounting The goals of financial accounting are not the same as those for tax reporting –Financial accounting seeks to provide information that decision makers find useful. –Tax reporting seeks to collect revenue equitably. Tax vs. Financial Accounting Differences fall into two categories – Temporary or timing differences –Permanent differences Bad Debts Problem ($000) 1 of 5 Sales (All on credit) Bad debts (provision) Other Expenses Total Expenses Net Income before Taxes Accounts Receivable Allowance for Bad Debts $100 5 70 75 $25 Beg. End. $30 $35 $7 $4 Amount of Accounts Rec. written off? What is taxable Income? Bad Debts Problem (2 of 5) Transaction Beg. Bal. Cash Accts. Rec. Allowance XXX 1 Sales 3 Collection 4 Write-off 5 Other Exp. 6 Provision Balance Revenue and Expense ($000) Transaction 1 Sales 5 Other Exp. 5 Provision Revenue Other Exp. Bad Debts Exp. Bad Debts Problem (3 of 5) Transaction Beg. Bal. Cash XXX 1 Sales 3 Collection 4 Write-off 5 Other Exp. 6 Provision Accts. Rec. Allowance 80 100 87 7 87 8 8 70 5 Balance Revenue and Expense ($000) Transaction 1 Sales 5 Other Exp. 5 Provision Revenue 100 Other Exp. Bad Debts Exp. 70 5 Bad Debts Problem 4 of 5 Allowance for Bad Debts Allowance Balance- Jan 1. Provision for Bad Debts Subtotal Accounts Written Off $7,000 5,000 12,000 ? Allowance Balance- Dec. 31. $4,000 Amount Written Off $8,000 Bad Debts Problem 5 of 5 Accounts Receivable Receivables Balance- Jan 1. $30,000 Credits sales for year 100,000 Subtotal 130,000 Accounts Written Off (8,000) Rec. Balance after write-off 122,000 Collections of Receivables ? Receivables Balance- Dec. 31. 35,000 Collections $87,000 Temporary Differences. • Arise when income is taxed either before or after it is accrued for accounting purposes –Example: prepaid rent generally is taxable when received from the tenant but it is included in financial accounting income only as it is earned • Are accounted for as either a deferred tax asset or deferred tax liability on financial statements Permanent Differences. • Income that is not taxed but is reported for financial accounting purposes –Example: municipal bond interest generally is not taxed but is recorded as income in financial accounting records Planning - GAAP vs. Income Tax GAAP Revenue Tax Return Recognize Recognize this year later Recognize Recognize Expenses later this year Next Slide. A company normally has annual revenue of $200,000 & expenses of $130,000. (NI of $70,000) In 2013, company sold some land for $100,000. Company had paid $80,000 for the land. Company will collect $60,000 in 2014 and $40,000 in 2015. (Ignore accrual of interest on loan.) Corp. sold land (cost $80,000) for $100,000 in 2013. Company will collect $60,000 in 2014 & $40,000 in 2015. GAAP Fin. Reports 2013 2014 2014 Service Revenue 200,000 200,000 200,000 Operating Expenses (130,000) (130,000) (130,000) Net Operating Income Gain-Installment sale Net Income Before Tax Tax Expense-40% rate Tax Return Net Income Before Tax Adjust for Gain Taxable Income Current Tax Expense Corp. sold land (cost $80,000) for $100,000 in 2013. Company will collect $60,000 in 2014 & $40,000 in 2015. GAAP Fin. Reports 2013 2014 2014 Service Revenue 200,000 200,000 200,000 Operating Expenses (130,000) Net Operating Income 70,000 Gain-Installment sale 20,000 Net Income Before Tax 90,000 Tax Expense-40% rate 36,000 Tax Return Net Income Before Tax Adjust for Gain Taxable Income Current Tax Expense Corp. sold land (cost $80,000) for $100,000 in 2013. Company will collect $60,000 in 2014 & $40,000 in 2015. GAAP Fin. Reports 2013 2014 2014 Service Revenue 200,000 200,000 200,000 Operating Expenses (130,000) Net Operating Income 70,000 Gain-Installment sale 20,000 Net Income Before Tax 90,000 Tax Expense-40% rate 36,000 Tax Return Net Income Before Tax 90,000 Adjust for Gain (20,000) Taxable Income 70,000 Current Tax Expense 28,000 Corp. sold land (cost $80,000) for $100,000 in 2013. Company will collect $60,000 in 2014 & $40,000 in 2015. GAAP Fin. Reports 2013 2014 2014 Service Revenue 200,000 200,000 200,000 Operating Expenses (130,000) (130,000) (130,000) Net Operating Income 70,000 70,000 70,000 Gain-Installment sale 20,000 Net Income Before Tax 90,000 70,000 70,000 Tax Expense-40% rate 36,000 28,000 28,000 Tax Return Net Income Before Tax 90,000 Adjust for Gain (20,000) Taxable Income 70,000 Current Tax Expense 28,000 70,000 12,000 82,000 32,800 70,000 8,000 78,000 31,200 Accounts Cash Notes Receivable Land Gain-Recognized Current income tax exp. Deferred income tax exp. Current tax liability Deferred tax liability 2013 2014 Accounts Cash Notes Receivable Land Gain-Recognized Current income tax exp. Deferred income tax exp. Current tax liability Deferred tax liability 2013 100,000 80,000 20,000 28,000 8,000 28,000 8,000 2014 Accounts Cash Notes Receivable Land Gain-Recognized Current income tax exp. Deferred income tax exp. Current tax liability Deferred tax liability 2013 2014 60,000 100,000 60,000 80,000 20,000 28,000 8,000 28,000 28,000 8,000 32,800 4,800 Tax Allocation Concepts Deferred tax asset A deferred tax asset is the increase in tax refund or savings in future years as a result of deductible temporary differences existing at the end of the current year. Deferred tax liability Amount that is recognized for deferred tax consequences of temporary differences that will result in taxable amounts in future years. Relationship of Book Income and Taxable Income Net income for books (before taxes) Adjust for permanent differences Adjust for timing differences Equals taxable income Summary Income tax payable in current year XX Adjust for change in net deferred taxes during the year XX Equals Income tax expense in financial reports. XX End