Income Tax

Chapter 5

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


Terms

  • accelerated death benefits → some insurances will pay benefits before that person dies; terminally ill, no tax; not terminally ill, tax

  • accrual method → revenue recorded when it is earned, expenses recorded when incurred; corps can use for the most part, but individuals use the cash method

  • alimony → before dec 31, 2018, tax deductible to payer and taxable to receiver; after 2019, neither of those things (child support does not count as alimony)

  • annuity →

  • assignment of income doctrine → person who earns the income is liable for the taxes on it

  • barter club/system → noncash setup; technically still taxable in eyes of the gov’t; reality is that it really isn’t. The IRS doesn’t care

  • community property doctrine → issue in a divorce; each spouse owns 50% of the property

  • constructive receipt → when you have access to the income, you must pay taxes on it in the year received

  • disability insurance →

  • discharge of indebtedness → generally taxable; forgiven debt

  • earned income → comes from employer

  • unearned income →

  • flow through entities → S-corps; LLC; LLP

  • fringe benefits → usually not taxable (now); exception is life insurance; not taxed as ordinary income (taxed on different rate)

  • inheritance → never taxable

  • gifts → taxable only over a certain amount; gifter pays the tax (reportable if over 19,000 BUT still not taxed until 5M)

  • imputed interest → calculated interest that would have been applicable in a normal interaction, but was not made reality (Ex. paying $200 on loan when the real interest is $2,400 = $2,200 is the imputed interest)

  • municipal bonds → state, county, city (non taxable)

  • return of capital → applicable in an annuity

  • tax basis → Ex. house, stock, tangible items; how much it cost


Social Security

  • tax laws change often

  • there was a time it wasn’t taxed at all

  • today, up to 85% of the paid benefits are taxable depending on filing status, amount of SS benefit, and modified AGI (AGI plus tax exempt interest like municipal bonds)


It’s complicated

  • Single

    • modified AGI + 50% of SS benefits < $25,000 → no tax

    • modified AGI + 50% > $25,000 but < $34,000 → taxable SS is the lesser of 1. 50% of SS or 2. 50% of modified AGI + 50% of SS - $25,000)


Example:

-George and Wanda received $30,200 of social security benefits. They
also received $5,000 from a municipal bond and $8,000 in dividends
from stocks they own. What amount of Social Security is taxable?

  • 8000 + 5000 + (50% of 30,200) = $28,100

  • 28,100 < 32,000 → none of their SS is taxable


Chapter 6

Deductions for AGI

  • three categories

  1. deductions directly related to business activities

  2. deductions indirectly related to business activities

  3. deductions to subsidize certain activities


  • directly related to business activities

    • allowed to deduct expenses incurred to generate business income

    • if income is taxable, expenses to earn that income should be deductible

  • profit motivated activities are classified as:

    • business activities

    • investment activities

  • business activities require high involvement/effort from the taxpayer, while investment activities do not


  • business expenses must be:

    • directly connected to the business activity

    • ordinary and necessary for the activity (appropriate and helpful)

    • reasonable in amount; not extravagant

  • expenses claimed on schedule C and revenues from that activity are also reported on schedule C

  • net income from schedule C is transferred to schedule 1 (line 3) and then combined with other items and included on 1040 (line 8)


  • rental and royalty expenses

    • claimed above the line

    • could be investment or trade activity

  • flow through entities


  • Losses

    • losses from investment assets (capital) are offset against capital gains

    • capital losses exceed capital gains, called a net capital loss

    • net capital loss is deducted for AGI but limited to $3,000


  • excess business loss limitation

    • business loss → when starting out, may have higher expenses than revenues


  • other deductions

    • limited charitable contribution for non itemizing deductions

    • health insurance deduction for self employed

    • self employment tax deduction

    • deductions for individual retirement accounts (IRAs)

    • deductions for health savings accounts

    • alimony (only before 2019)

    • home mortgage

    • interest

    • taxes

    • hospitals and long term care facilities

    • medical expense


  • SALT → state and local taxes













Exam Review

-AGI is just an arbitrary number — but it is used to determine who gets a particular deduction or credit and how much

-Main idea: deductions and credits should go to the people who need them, not the wealthy who don’t

-AGI is your total income - “above the line” deductions

-401K comes from employer, so employer should provide a match

-IRA, no employer involvement

“For AGI” deductions

  • business expenses (ordinary and necessary) flow thru schedule C, Schedule 1, then 1040 form → includes rental expenses

  • retirement account contributions like a trad IRA (up to $7,000 in 2026) or SEP (self-employed plan)

  • health savings accounts

  • student loan interest (limit is $2,500)

  • self-employment taxes

  • self-employed premiums for medical insurance, dental insurance, and some long-term care insurance

  • a very few narrow deductions that no one uses

“From AGI” deductions

-once you have AGI, there are deductions from AGI to get to taxable income

-taxpayer choice: standard deduction or itemized deductions - 90% use standard

-standard in 2026: single → $16,100 ; married → $32,200

itemized deductions:

  • SALT up to $40,000

  • interest on mortgages up to $750,000

  • charitable deductions (up to 60% of AGI or lower)

  • un-reimbursed medical and dental expenses that exceed 7.5% of AGI

  • un-reimbursed educator expenses can be claimed as an itemized deduction w/o dollar limits

  • gambling losses capped at the lesser of 90% total losses or your total gambling winnings

  • casualty and theft losses from both federally declared and state declared disasters

  • for high income earners in the 37% tax bracket, additional limits on above list apply


-AGI minus either the standard deduction or the itemized deductions equals taxable income

-itemized deductions used to be a long list, much shorter now

-moving expenses used to be deductible; not anymore

-most interest payments were deductible; not anymore

-for SALT, you can deduct property taxes plus either state and local income taxes OR sales tax, but not both


-remember about pass thru entities: (not subject to income tax, but it flows down thru)

  • sole proprietorships

  • partnerships

  • limited liability companies (LLCs) → members

  • S corporations (S-Corps) → limited shareholders, mostly a family business, taxed as a partnership


Lawsuits

Nontaxable settlement:

  • if you got compensation for injuries, medical bills, pain and suffering, and emotional distress that stems from injury

Taxable settlement:

  • lost wages, back pay, wrongful discrimination → taxed as ordinary income

  • emotional distress not caused by physical injury (defamation, harassment)

  • punitive damages (always taxable income, even in physical injury cases)


-barter transactions → technically taxable

-capital loss max amount deductible → $3,000

-selling private home → exclusions (single: $250,000) OR (married: $500,000)


Charitable Donations

-people who take the standard deduction can also deduct up to $1,000 (single) or $2,000 (married filing jointly) for donations to a qualified operating charity

-60% rule → cash gifts to public charities up to 60% of your AGI are deductible

-public charity: purpose is to do charitable work (american cancer society)

-private foundations: support the work of public charities

-30% rule → cash donations made to private nonoperating foundations are capped at 30% of your AGI

*cash donations are 100% deductible based on AGI limits (60%) and stocks are deductible at their FMV (30% AGI)


-Social security: taxable amt depends on total income

-prize money from a hobby is taxable and expenses from that hobby are not deductible


Chapter 5 terms

  • accelerated death benefits - life insurance before you die if you are terminally ill (fully tax deductible)

  • annuity - plan that people use to invest in

  • barter clubs - babysitting example

  • return of capital doctrine - not taxed on getting OG amount back, just the interest

  • accrual method - recognize revenue when earned and expenses when accrued

  • assignment of income doctrine - if you earned it, you pay the taxes

  • community property laws - rights under marriage/divorce for land

  • tax basis - cost of an asset

  • alimony - before 2019: deductible and taxable

  • constructive receipt - if you had access to they money, it is taxable

  • imputed interest - the interest you should have charged on a loan but didn’t

  • earned vs. unearned - earned → from your employer; unearned → from everyone else


Chapter 6 terms

  • business activities -

  • investment activities -

  • ordinary and necessary

  • capital gain property - stock/house

  • excess business loss

  • private nonoperating foundations

  • traditional IRA

  • private operating foundations

  • standard vs itemized deductions


Exam

-multiple choice

-true/false

-capital gain problem

-annuity problem

-charity problem

-SALT tax itemization


Chapter 7

-bond → functions as a loan

  • buy a walmart bond, you are loaning walmart money

  • need to pay you back PLUS interest

-stock → owning part of the corporation

  • dividends (not required by law)

  • most companies actually don’t pay dividends

  • they DO have to look out for your best interests (in theory)

  • hoping for a capital gain (buy low, sell high)


3 primary ways of making money

  • interest

  • dividends

  • capital gain


Interest

  • income you receive when you let other people use your money

    • putting money in a bank

    • buying a bond

    • buying a government bond (popular bc you’re likely to get your money back)

      • treasury bonds

      • US savings bonds

      • often are zero-coupon bonds (do not send you regular interest payments; discounted at the beginning → buy a $1,000 bond for $500, then receive the full $1,000 at maturity)

        • the “coupon” is the interest rate

    • corporate bonds may be bought at

      • face value

      • bond discount (bond is sold at LESS than face value)

      • bond premium (bond is sold at MORE than face value)


Bonds

  • unless you are told different, assume bonds pay interest twice a year (biannually)

  • assume bonds are in $1,000 denominations

  • the rate of interest to be paid every 6 months is the “coupon rate” and given as an APR (annual percentage rate)

    • 8% coupon rate means 4% of the face value twice a year

  • interest payments received are taxed as ordinary income

  • bonds issued at a discount/premium must include amortization of the discount/premium as a taxable interest (amortization table)

step 1: 700,000 * 6% = 42,000

step 2: 700,000 × 7% (the FMV rate) = 46,664

step 3: find the difference → 4,664

step 4: add step 3 to the outstanding balance

step 5: repeat in next row by multiplying 7% to the new balance


Investments Overview

  • before-tax rate of return on investment

  • after-tax rate of return on investment

  • depends on when investment income is taxed

    • relates to timing tax planning strat

  • depends on the rate at which the income is taxed

    • relates to the conversion tax planning strat

  • portfolio vs. passive investments

    • portfolio losses deferred until investment is sold

    • passive investment losses may be deducted annually


Portfolio income

  • usually taxed when received

  • interest from bonds, CDs, and savings accounts

    • ordinary income taxed at ordinary rate unless municipal bond interest

    • interest from US treasury bonds not taxable by states

  • dividends on stock

    • typically taxed at preferential capital gains rate

  • qualified dividends

    • dividends must be paid by domestic or certain foreign corps that are held for a certain length of time

    • subject to preferential tax rate

  • nonqualified dividends

    • taxed as ordinary income


Portfolio income: capital gains and losses

  • investments held for appreciation potential

    • growth stock (stock you expect to increase in value → expect CG)

      • income stock → anticipate dividends

    • land (anticipate it will be worth more in the future than what you paid)

    • mutual funds (401K plans and variations will give you options of mutual funds → gov’t bonds, growth bonds, foreign corp bonds → investor money is pooled and that money is used to invest)

    • other assets (expensive jewelry, metals, etc)

  • investments held for appreciation potential (generally investments in capital assets)

    • gains deferred for tax purposes

    • generally taxed at preferential rates

    • special loss rules apply


  • capital asset

    • any asset other than:

      • asset used in trade/business

      • AR or NR acquired in sale from business

      • inventory

  • sale of capital assets generates capital gains and losses

    • specific identification vs. FIFO (i wanna sell these specific stocks OR whichever ones i owned first)

    • long-term if held for more than 1 year

    • short-term if held for less than 1 year


Capital gains

  • net short term gains are taxed at ordinary rates

  • generally net capital gains are taxed at max preferential rate of 0, 15, or 20 %

  • stock broker commissions are part of your basis

    • bought 200 shares at $50 a share ($10,000)

    • paid a commission of $600

    • basis is $10,600

  • long term capital gains from collectibles and qualified small business stock are taxed at max of 28%


Capital losses

  • indv. can deduct up to $3,000 of net capital losses against ordinary income

  • remainder carries over


Netting process:

  1. Combining short-term gains and losses and separately combining 0/15/20
    percent gains and losses (including any losses carried over from prior years).

  2. If, after this step, both short-term and long-term categories yield gains—or if
    they both yield losses—the netting process is complete.

  3. Otherwise, the taxpayer will combine the short- and long-term outcomes
    against each other to produce a final net gain or net loss. The result may be
    classified as either short-term or long-term depending on which outcome is
    greater


Limitations for capital loss deductions

  • special rules apply to the sale of personal-use assets

    • gains are taxable as capital gains

    • losses not deductible

  • capital losses from sales to “related parties” are not deducted

    • gov’t questions the arms-length-transaction aspect → were they acting in own best interest?

  • the “wash sale” rule disallows the loss on stocks sold if the taxpayer purchases the same or “substantially identical”' stock within 61-day period (centered on sale)

    • 30 days before the sale, the day of sale, 30 days after the sale

    • i own 500 shares of stock; bought at $20; now worth $15 (down $2,500) → i have a capital gain on other stocks worth $5,000 → ill sell the stock and reduce taxes, then buy them back

    • intended to ensure taxpayers cannot deduct losses from stock sales while continuing their investment (buying it back quickly)


Tax planning strats for capital assets

  • hold capital assets for more than a year

    • taxed at pref rate

    • tax deferred

  • loss harvesting

    • $3,000 offset against ordinary income

    • offset other short term CG

  • must balance tax with nontax factors (world events)

    • 2008 recession

    • 2020 pandemic

    • Ex. Boeing stock plummeting after plane crashes


Investment interest expense

  • investment expenses

    • expenses incurred to generate investment income

    • not deductible

  • investment interest expense

    • interest expense on loans used to acquire investments

    • deductible as an itemized deduction

    • limited to taxpayer’s investment income

    • carry over indefinitely


Passive activity income and losses

  • typically, an investment in a partnership, S corp, or direct ownership in rental real estate

  • taxpayer does not materially participate in business functions

  • ordinary income and is taxable annually

  • ordinary losses may be deducted currently if able to overcome:

    • tax basis limitation

    • at risk limitation

    • passive loss limitation