Chapter 6 Self-Employed Business Income “A fine is a tax for doing something wrong. A tax is a fine for doing something right.” -- Anonymous Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. LO #1- Income and Expenses of the SelfEmployed • Trade or Business – any activity that is engaged in for profit • Self-employed income is reported on Schedule C 6-2 LO #1- Income and Expenses of the SelfEmployed • Gross receipts include – Direct sales to customers – Work performed as an independent contractor – Amounts reported to a “statutory employee” • Independent contractors usually receive a Form 1099-MISC to report income 6-3 LO #1- Income and Expenses of the SelfEmployed • Cost of Goods Sold - reduction from sales to produce gross profit • Accrual Method of Accounting – must be used if inventory is a material incomeproducing factor 6-4 LO # 2 Ordinary & Necessary Trade or Business Expenses • To be deductible, expenses must be ordinary, necessary, and reasonable • Ordinary – expenses must be customary or usual • Necessary – expenses that are appropriate and helpful rather than essential • Reasonable – expenses must be reasonable in amount and reasonable in relation to their purpose 6-5 LO # 2 Ordinary & Necessary Trade or Business Expenses • Forbidden Expenses – Bribes, kickbacks, and other illegal payments – Lobbying and political expenses – Fines and penalty payments • Not deductible even if ordinary, necessary, and reasonable 6-6 LO #3 Depreciation • Components of Depreciation 1. Basis (usually the cost of the asset). 2. Depreciation Periods (Asset Class Lives). 3. Depreciation Convention (half-year, mid-quarter, mid-month). 4. Depreciation Method (200% or 150% Declining Balance or Straight-line). • Reported on Schedule C, Schedule E, and Form 2106 6-7 LO #3 Depreciation • Basis – Asset purchased; Basis = Cost – Personal to Business; Basis = Lesser of FMV or cost – Non-taxable Exchange; Basis = Cost less any deferred gain – Inherited; Basis = FMV at the date of death 6-8 LO #3 Depreciation • Typical Depreciation Periods – 3 years Specialized Tools, Racehorses – 5 years Autos, Trucks, Computers – 7 years Furniture, Fixtures, Equipment – 27.5 years Residential Real Property – 39 years Nonresidential Real Property 6-9 LO #3 Depreciation • Depreciation Conventions – Half-year Convention – Mid-Quarter Convention – Mid-Month Convention • Year of Disposal – convention is the same in the year of disposal. 6-10 LO #3 Depreciation • Depreciation Methods – 200% Declining Balance Switching to Straight-line – 150% Declining Balance Switching to Straight-line – Straight-line 6-11 LO #3 Depreciation • Maximum IRC Section 179 expense – 2010 – 2011 – 2012 – 2013 $500,000 $500,000 $500,000 $500,000 • Property must be used in a trade or business. The 2012 Tax Act increased the amount to $500,000 for 2012 and 2013. • Section 179 expense cannot create a NOL 6-12 LO #3 Depreciation 50% Bonus in 2013 MACRS < 20 year lives Fully Deductible/No limits other than Luxury Auto Limits Lessens Importance of Section 179 6-13 LO #3 Depreciation • Listed property – Assets that have both a business and personal use component to them – Examples: autos, boats, computer equipment • Section 179 is not allowed if listed property is used less than 50% for business • Straight-line depreciation is required for listed property used less than 50% for business 6-14 LO #3 Depreciation • Luxury Automobile Limitations – Autos less than 6,000 pounds – Light trucks or vans less than 6,000 lbs. have slightly higher limits – – – – 1st year 2nd year 3rd year 4th and after Auto Truck $11,160 $ 5,100 $ 3,050 $ 1,875 $11,360 $ 5,400 $ 3,550 $ 1,975 • SUVs greater than 6,000 lbs – Section 179 is limited to $25,000 6-15 LO #3 Depreciation • Leased Vehicles – “Lease inclusion amount”- the amount included in income when a leased vehicle is over the luxury auto levels – See Rev. Proc. 2013-21 for amounts • The total business lease amount is deductible 6-16 LO #4 Transportation and Travel • Ordinary and necessary travel expenses are deductible • Transportation – expenses of getting from one workplace to another workplace within the taxpayer’s home area • Travel – refers to business travel away from home that requires an overnight stay 6-17 LO #4 Transportation and Travel • Deductible Local Transportation Cost – Getting from one workplace to another workplace – Visiting clients and customers – Business meeting away from the taxpayer’s regular workplace – Getting from home to a temporary workplace • Transportation between a home office and temporary work location is deductible 6-18 LO #4 Transportation and Travel • Automobile Expenses – Standard Mileage Rate - 56.5 cents per mile in 2013 – Actual Expenses - actual business auto costs are deducted • Actual expenses usually gives a larger deduction but require more record keeping 6-19 LO #4 Transportation and Travel • Travel Cost for Business Travel – Requires an overnight stay – Travel, meals, lodging and other incidental expenses are allowed – Should not last more than one year • Limitations exist if the trip is partly personal or if there are lavish or extravagant expenditures 6-20 LO #4 Transportation and Travel • Meals and Entertainment – Business meal costs are deductible but are limited to 50% – Must be directly related or associated with business – Standard meal per diem is $46 per day – can be higher in high cost areas • Cannot be lavish or extravagant 6-21 LO #5 Business Use of Home and Business Bad Debts • Business use of the home is deductible if the business use is: – Exclusive – Regular – For the taxpayer’s trade or business • A specific area of the home must be used only for business • Employees – use must be “for the convenience of the employer” 6-22 LO #5 Business Use of Your Home and Business Bad Debts • Home office deductions are reported on Form 8829 • Calculation determined by square footage used regularly and exclusively for business • Direct business expenses are 100% deductible • Indirect home expenses are deductible based on square footage 6-23 LO #5 Business Use of Your Home and Business Bad Debts • Home office deduction limited to business income • Order of deductions – Expenses deductible in any event (mortgage interest and real estate taxes) – Business use of insurance, utilities, and then depreciation 6-24 LO #5 Business Use of Your Home and Business Bad Debts • Business Bad Debts – Business bad debts can be deducted as an ordinary expense if incurred in a business – Can be partially worthless or completely worthless • Business Casualty Losses – Receive an ordinary loss – Not limited by the 10% AGI floor like personal casualty losses 6-25 LO #6 Hobby Loss Rules and Education Expenses • Hobby Losses – Expenses allowed to the extent of hobby income – Nine factors to determine whether an activity is a hobby – Burden of proof lies with the taxpayer • Order of expense deduction – mortgage interest and taxes, hobby expenses that do not reduce basis, then depreciation 6-26 LO #6 Hobby Loss Rules and Education Expenses • Education Expenses – deductible if: – Maintains or improves skills of the taxpayer; or – Meets the express requirements of the law or regulation for a job • Educational Expenses – not deductible if: – Cannot meet the minimum educational requirements for employment – Qualifies the taxpayer for a new trade or business 6-27 LO #7 Self-Employment Tax • Consists of two parts: – Social Security – Medicare – Total 12.40% in 2013 2.90% 13.30% • Social security limited to first $113,700 of self-employment income in 2013 • Medicare is not limited 6-28