Chapter 5 -- Income Tax
Who recognizes the income?
assignment of income doctrine: taxpayer who earns the money pays the taxes on it
community property: half of income earned from the services of one spouse is included in the gross income of the other spouse
Types of income
Annuities
property dispositions: real estate, bonds, etc
taxpayers recognize a gain/loss when disposing of an asset
allowed to recover their investment in property (tax basis) before they realize any gain
sales proceeds
Less: Selling expenses
= amount realized
Less: tax basis (investment) in property
= Gain (loss) on sale → short term investments = ordinary income
Income from flow through entities:
ind’s may invest in various business enities
if entity is a flow through entity (partnership/S corp) the income and deductions of the entity “flow through” to the owners of the entity
LLC: members (owners)
S-corporations: less of now — LLCs are more common —limited to # of stockholders you can have — does not pay taxes, shareholders do — usually family owned
LLP: typically accountants, lawyers, doctors
Alimony
transfer of cash made under a written separation agreement/divorce degree
after 2018 → alimony is not taxable to the recipient or deductible by payor
before 2019 → alimony is taxable and deductible
property divisions and child support DO NOT qualify as alimony
Prizes, winnings, and awards
excluded only if made: 1. for scientific/charitable achievement, 2. for employee length of service/safety ($400 limit per employee), 3. USA athletes on account of competition
Social security benefits
taxable up to 85% of SS benefits in gross income depending on status, benefits, and AGI
different for each filing status
Imputed income/Interest
certain employee discounts or low interest loans generate income via indirect benefits
low interest loans: amt of imputed income is the difference between the amt of interest using the applicable federal interest rate and the amt the taxpayer actually pays
Ex → loan a friend $5,000 and get paid back in 2 years NO INTEREST. IRS thinks you should have collected interest, so you need to report that for taxation
IRS says: we’re still gonna tax you on what you should have charged for interest, whether you did charge for it or not
familial loans → just don’t tell anybody
does not apply if less than $10,000
Discharge of indebtedness
someone forgives a loan
taxpayer must include the amt of relief in gross income
some exceptions for certain types of loans
Exclusion provisions
municipal bond interest
gain on sale of personal residence (single → $250,000; married → $500,000)
fringe benefits
value of benefits included in employee’s gross income as compensation of services
some are excluded from gross income (common: medical and dental health insurance, life insurance—within limits, de minimis benefits)
scholarships (cover tuition, books, fees)
other educational subsidies (529 plans, EE savings bonds, Coverdell education savings accounts)
Exclusions that mitigate double taxation
gifts and inheritances (excluded from GI because these transfers are subject to a federal gift and estate tax)
life insurance if you are the beneficiary
foreign income can be excluded
workers’ compensation
payments associated with personal injury
health care reimbursement
disability insurance (covers wages lost when work missed due to injury/disability)
paid for by employee → excluded
employer purchased and premiums taxable compensation → excluded
employer purchased is a FRINGE benefit → taxable
deferral provisions (allow taxpayers to defer the recognition of certain types of realized income)
installment sales
like kind exchanges