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Small Business Definition (IRS)
Gross receipts under $31 million; this is the threshold for many tax simplification provisions
Three Requirements for Business Deductions
Directly connected to business activity
Ordinary and necessary
Reasonable in amount
Ordinary and Necessary Definition
Ordinary: Common and accepted in the industry
Necessary: Appropriate and helpful for the business (conducive to profit generation)
Prohibited Business Expenses
Fines and penalties, bribes, lobbying expenses, political contributions (Congress doesn't want to subsidize illegal or policy-violating behavior)
Capital Expenditure Rule
Expenditures that create future benefits must be capitalized, not immediately deducted; recovered through depreciation over time
12-Month Rule for Prepaid Expenses
Can deduct prepaid expense if: benefit period ≤ 12 months AND benefits don't extend beyond end of next tax year (does NOT apply to interest)
12-Month Rule Example
December 1, Year 1: Pay $12,000 for 12 months of insurance (Dec 1 - Nov 30 Year 2) = Can deduct full $12,000 in Year 1
Primary Motive Test
Used for business travel; must be primarily business (>50% business days); if yes, deduct transportation; if no, deduct only hotel/meals for business days
Meal Deduction Limitation
Business meals are 50% deductible; entertainment is 0% deductible (NOT allowed post-TCJA)
100% Deductible Meals
Employee recreational events (holiday party, picnic) and meals provided for employer's convenience
C Corporation Tax Treatment
Separate taxable entity, files Form 1120, pays 21% flat corporate tax rate, double taxation (corporation pays tax, shareholders pay tax on dividends)
Flow-Through Entities
Income "flows through" to owners' personal returns; includes sole proprietorship, partnership, S corporation, and LLC
Sole Proprietorship Reporting
Reports on Schedule C (Form 1040); owner pays self-employment tax; not a separate legal entity
Partnership Tax Treatment
Files Form 1065 (informational return); issues Schedule K-1 to each partner; partners report on personal returns
S Corporation Tax Treatment
Files Form 1120-S (informational); issues Schedule K-1 to shareholders; NO self-employment tax on distributions
LLC Tax Treatment
Single-member LLC: Schedule C (like sole proprietorship); Multi-member LLC: Partnership (Form 1065); can elect C-corp or S-corp treatment
Cash Method - Income Recognition
Recognize when actually or constructively received (income available without substantial restriction)
Cash Method - Expense Recognition
Deduct when paid
Constructive Receipt
Income available without substantial restriction; Example: Check arrives Dec 31 but not cashed until Jan = income in December
Cash Method Advantages
Flexible (can time income/expenses), simple (easy to track), inexpensive (less accounting costs), tax planning (control timing)
Cash Method Disadvantages
Poor matching (income and expenses in different years), less accurate (doesn't reflect true economic performance)
Who Can Use Cash Method
Individuals, small businesses meeting gross receipts test (≤ $31 million average for prior 3 years); Exception: must use accrual if large corporation or business with inventory
Accrual Method - Income Recognition
Recognize when earned or received (whichever is earlier); all-events test: all events have occurred that fix right to receive income AND amount determinable
Accrual Method - Expense Recognition
Recognize when: all-events test satisfied AND economic performance occurred
All-Events Test for Income
All events have occurred that fix the right to receive income AND amount can be determined with reasonable accuracy
All-Events Test for Expenses
All events have occurred to establish liability AND amount determinable with reasonable accuracy (reserves for future liabilities NOT allowed)
Economic Performance - Services Provided
Taxpayer provides goods/services: as taxpayer provides them
Economic Performance - Services Received
Taxpayer receives goods/services: as provided to taxpayer OR when paid (if expected within 3.5 months)
Economic Performance - Payment Liabilities
When paid
Economic Performance - Interest and Rent
Ratably over time (Increase over time)
Economic Performance Example
Ben signed contract for $7,500 repairs, paid $1,500 deposit, repairs start next year; Can deduct $7,500 next year when repairs performed (economic performance not yet satisfied)
Advance Payment Deferral Rule
Can defer advance payments for goods/services up to 1 year until earlier of: when earned OR end of next tax year (does NOT apply to rent, interest, insurance)
Advance Payment Example
Received $2,400 for 2-year contract Sept 30, Year 1; Accrual method: Year 1 recognize $300 (3 months earned), Year 2 recognize $2,100 (remaining), Year 3 nothing
Inventory Requirement
Must use accrual method for inventory if sales of goods is an income-producing factor (creates hybrid method for cash-basis taxpayers)
Small Business Inventory Exception
If meet $31 million test, can: 1. Treat inventory as non-incidental materials (deduct when used/sold) OR 2. Use same method as financial statements
FIFO Inventory Method
First-In, First-Out; assumes oldest inventory sold first; ending inventory = most recent purchases
LIFO Inventory Method
Last-In, First-Out; assumes newest inventory sold first; ending inventory = oldest purchases; book-tax conformity required; generates lowest taxable income during inflation
Specific Identification Method
Track actual specific items sold; used for unique items (cars, jewelry, art)
Cost of Goods Sold Formula
Beginning Inventory + Purchases - Ending Inventory = COGS
Gross Profit Formula
Sales - COGS = Gross Profit
Adoption of Accounting Methods
Permissible method: adopted by using for 1 year; Impermissible method: adopted by using for 2 years
Changing Accounting Methods
General rule: requires IRS permission (Form 3115); Exceptions: some specific changes qualify for automatic consent (still must file Form 3115)
Schedule C Components
Part I: Income (gross receipts, COGS)
Part II: Expenses
Part III: COGS detail
Part IV: Vehicle info
Part V: Other expenses
Schedule C Net Profit Calculation
Gross Receipts - Returns/Allowances - COGS = Gross Profit + Other Income - Business Expenses = Net Profit (Loss)
Schedule C Net Profit Flow
Flows to Form 1040, Line 3 (Schedule 1); also subject to self-employment tax (Schedule SE)
Self-Employment Tax Rate
15.3% total: 12.4% Social Security (on earnings up to $168,600 for 2024) + 2.9% Medicare (no limit) + 0.9% Additional Medicare Tax (over $200K single/$250K MFJ)
SE Tax Calculation Step 1
Schedule C Net Profit × 92.35% = Net SE Income
Why 92.35% for SE Tax
Employees don't pay FICA on employer's portion; this adjustment approximates employer portion deduction
SE Tax Calculation Step 2
Net SE Income × 15.3% = SE Tax
SE Tax Deduction
SE Tax × 50% = Deduction (above-the-line); approximates employer portion that's deductible
SE Tax Complete Example
Schedule C Net Profit $100,000 × 0.9235 = $92,350 × 0.153 = $14,130 SE tax; $14,130 × 0.50 = $7,065 deduction for AGI
Sole Proprietorship Advantages
Simple formation, easy tax reporting (Schedule C), flow-through taxation (no double tax), losses offset other income, flexibility, low cost, full control
Sole Proprietorship Disadvantages
Unlimited personal liability, self-employment tax (15.3%), difficult to raise capital (can't issue stock), limited life, harder to transfer, benefits not deductible, all income subject to SE tax
Home Office Requirements
Regular and exclusive use for business AND principal place of business OR place to meet clients/customers
Home Office Simplified Method
$5 per square foot, maximum 300 square feet, maximum deduction $1,500
Home Office Actual Method
Calculate actual expenses (mortgage interest, property tax, insurance, utilities, repairs) × business percentage (business sq ft / total sq ft)
Home Office Deduction Limit
Cannot create a loss; limited to business income
Standard Mileage Rate
2024 rate: $0.67 per business mile plus parking and tolls; simple to track
Auto Actual Expense Method
Gas, oil, repairs, insurance, license, registration, depreciation × business use percentage; more record-keeping required
What Can Be Depreciated
Property with useful life > 1 year, used in business or for production of income, property that wears out/decays/becomes obsolete
Section 179 Expensing
Immediate deduction (up to $1,220,000 for 2024); phased out for high asset purchases
Bonus Depreciation
60% immediate deduction (2024); being phased out (was 100% through 2022)
Related Party Loss Disallowance
Losses on sales to related parties NOT deductible by seller; buyer can use loss to offset future gains
Related Party Expense Accrual Rule
Cannot deduct expense accrued to related cash-basis taxpayer until paid (matching rule)
Related Parties Include
Family members (siblings, spouse, ancestors, descendants), corporation and >50% shareholder, partnerships and partners, two corporations with common ownership >50%
Business Bad Debts
Fully deductible as ordinary loss; must have been included in income (accrual method); must be worthless
Nonbusiness Bad Debts
Treated as short-term capital loss; limited to $3,000 per year deduction
Start-Up Costs Treatment
First $5,000 can be deducted immediately; remainder amortized over 180 months (15 years); $5,000 reduced dollar-for-dollar if costs > $50,000
Start-Up Costs Examples
Investigation costs, market research, employee training before opening, legal/accounting fees to establish business
Gross Receipts Test Benefits
Can use cash method, simplified inventory rules, exempt from UNICAP rules, simplified accounting for long-term contracts
Travel Expense Documentation
Business purpose, date, location, amount spent, people involved
Casualty Loss Limitation
Limited to lesser of: decline in FMV (repair cost) OR adjusted basis; complete destruction: loss = adjusted basis
Key Employee Life Insurance
Company is beneficiary, death benefits are tax-exempt, therefore premiums are NOT deductible
Municipal Bond Interest Expense
Interest on loan to buy municipal bonds NOT deductible (municipal bond interest is tax-exempt, can't deduct interest to earn tax-exempt income)
Client Gift Limitation
Limited to $25 per person per year
Parking Ticket Deduction
NOT deductible (fine/penalty against public policy)
Hybrid Accounting Method
Cash-basis taxpayer with inventory must use accrual for sales/purchases, cash for other income/expenses
Required Tax Year - Proprietorships
Must use same year-end as owner (calendar year for individuals)
Required Tax Year - C Corporations
Can choose fiscal year or calendar year; choice made on first tax return; must be consistent with book accounting
Required Tax Year - Flow-Through Entities
Generally must match owners' tax year; for partnerships with multiple owners: complex rules to determine required year
De Minimis Safe Harbor
Allows immediate deduction for low-cost items (typically under $2,500) rather than capitalizing and depreciating
Adjusted Basis Definition
Amount originally paid for property, plus improvements, minus depreciation
MACRS
Modified Accelerated Cost Recovery System; most common depreciation method; IRS assigns recovery periods
UNICAP Rules
Uniform Capitalization rules; require certain businesses to capitalize indirect costs; exemption for small businesses meeting $31M test