Income Taxation of Individuals

Income TaxationofIndividuals Chapter 11

Individual Income Tax Model Gross income Less: Deductions for adjusted gross income Equals:Adjusted Gross Income (AGI) Less: Itemized or standard deduction Less: Personal & dependency exemptions Equals: Taxable income

Tax Model (continued) Taxable income Times: Tax rate Equals: Gross income tax liability Less: Tax credits Plus: Additions to tax Less: Tax prepayments Equals: Net tax due or tax refund

Deductions For AGI • Deductions discussed in previous chapters • Retirement plan contributions including IRAs • Moving expenses • 50% of self-employment taxes • Self-employed health insurance • Alimony paid

Deductions For AGI • Deductions discussed in this chapter • Educator expenses • Student loan interest expense • Tuition and fees deduction • Health savings accounts • Penalty on early withdrawals of savings • Other deductions for AGI

Educator Expenses • Kindergarten through 12th grade teachers may deduct up to $250 of unreimbursed expenses for books, supplies, computer equipment, software, and other supplemental materials used in the classroom • This provision expired at the end of 2009 but is expected to be extended retroactively by Congress to 1/1/10

Student Loan Interest • Deduction allowed for interest paid on qualified student loans incurred and used for tuition, fees, room, board, books, and supplies • Deduction limit is $2,500 • Limit is phased out for modified AGI of $60,000 - $75,000 ($120,000 - $150,000 for married persons filing jointly) • Individuals claimed as dependents cannot take deduction on their own tax return • Eligible expenses must be reduced for tax-exempt scholarships and education credits

Tuition & Fees Deduction • $4,000 deduction for tuition & fees for taxpayer, spouse, and dependents expired at the end of 2009 (but is expected to be extended retroactively) • Income limits apply ($65,000 if single and $130,000 if married filing jointly) • Deduction is reduced to $2,000 for singles with income $65,000 - $80,000 ($130,000 - $160,000 for joint filers) • Individuals who are claimed as dependents cannot take deduction on their own tax return

Health Savings Accounts • Taxpayers covered by high-deductible medical insurance policies only may deduct amounts set aside in an HSA • Contributions and earnings on HSAs are not taxed when withdrawn to pay medical expenses • Distributions not spent on qualifying expenses are included in income and subject to a 10% penalty

Health Savings Accounts • To qualify for an HSA in 2010, individuals must have health insurance with deductibles of at least $1,200 ($2,400 for families) • Maximum deductible contribution to HSA for 2010 is $3,050 ($6,150 for families)

Medical Savings Accounts • MSAs are similar to HSAs but with different limits • Qualified policies are those with deductibles of $2,000 - $3,000 for individuals ($4,050 - $6,050 for families) in 2010 • Contributions to MSAs are limited to 65% of policy deductible for individuals (75% for families) • Distributions not spent on qualifying expenses are included in income and subject to a 15% penalty

Penalty on Early Withdrawals • Penalties assessed on premature withdrawals from certificates of deposits or other savings accounts are deductible • Gross interest income, unreduced by the penalty, is included in taxable income • Deducting the penalty ensures that only net interest income is included in taxable income

Other Deductions For AGI • Unreimbursed travel expenses to attend National Guard or military reserve meetings more than 100 miles from home • Maximum deduction is general government per diem rate for the area • Expenses of fee-basis government officials • Expenses of performing artists

Exemptions • Each taxpayer (who is not a dependent) is entitled to one personal exemption • Exemption deduction is $3,650 for 2010 and 2009 • Additional exemptions allowed for each person who is considered a dependent • Anyone who is claimed as a dependent cannot claim a personal exemption • For purposes of the dependency exemption, a dependent is a qualifying child or qualifying relative

Qualifying Child • Must meet four tests • Residency test - live with taxpayer more than 6 months • Relationship test - son, daughter, brother, sister, or descendant • Age test - under 19 (or under 24 if full-time student) • Support test - child cannot provide more than half his/her own support

Qualifying Relative • If not a qualifying child, then three similar tests must be met: • Relationship test - must either be a qualifying relative of the taxpayer or a resident in the taxpayer’s household for the entire year • Gross income test - the qualifying relative's gross income from taxable sources must be less than the exemption amount ($3,650 for 2010) • Support test

The Support Test • Taxpayer must provide more than 50% of the dependent's total support • Support includes amounts spent for food, clothing, shelter, medical care, education and capital expenditures such as a car • Value of services and scholarship funds are omitted in determining support received by a student • Dependent’s nontaxable income used for support must be included

Multiple Support Agreement • Multiple support agreements allow one member of group of support providers to claim the exemption when • Together the group meets the support test • All other dependency tests are met • Member who claims exemption must provide more than 10% of the total support and other members providing more than 10% support agree to exemption

Phaseout of Exemptions • No exemption phaseout for 2010 • For 2009, one-third of both personal and dependency exemptions were phased out at a rate of 2% for each $2,500 ($1,250 if MFS), or fraction thereof, of AGI (up to a maximum of 100%) above thresholds of • $166,800 if single • $208,500 if head of household • $250,200 if married filing jointly • $125,100 if married filing separately

Exemption Phaseout • (AGI – threshold AGI)/$2,500 = Phaseout Factor (always rounded up to next whole number) • Phaseout Factor x 2 = Phaseout Percentage • Phaseout Percentage x Exemption Amount x 1/3 = Exemption Reduction • Exemption Amount – Exemption Reduction = Allowable Exemption Deduction • Once AGI exceeded the threshold AGI by more than $122,500 ($61,250 for MFS), the maximum deduction was $2,433 per exemption

Filing Status • Taxpayer’s filing status determines standard deduction and tax rate schedule • Marital status determined on the last day of the tax year • Separated spouses are considered married until divorce becomes final

Filing Status - Married • Can file jointly if both spouses are US citizens or US residents (or if nonresident alien agrees to be taxed on worldwide income) • If the couple files separately, both must itemize deductions or both must use the standard deduction

Surviving Spouse • Marital status is determined at the date of death so a joint return can be filed for the year in which a spouse dies • A surviving spouse may continue to use the tax rates and standard deduction for married persons filing jointly for the next 2 years only if a dependent child lives with the taxpayer

Filing Status – Unmarried • Unmarried taxpayers file as • Head of household – an unmarried person who provides more than half of the cost of maintaining a home in which a qualifying child or other qualifying relative lives for more than half the year • Single – taxpayer who does not qualify for another filing status

Head of Household • Claimed if taxpayer is unmarried (and not a surviving spouse) • Taxpayer pays more than half the cost of maintaining home which is the principal residence for more than half the year of • A qualifying child • An individual for whom the taxpayer may claim a dependency exemption • A parent is not required to live with the taxpayer

Abandoned Spouse • A taxpayer who is married but whose spouse did not live with him or her at any time during the last six months of the tax year and who provides more than half the cost of maintaining the home in which a dependent child lives • A qualifying abandoned spouse uses head of household tax rates and standard deduction

Standard Deductions • Standard Deductions for 2010 and 2009 • $11,400 married filing a joint return • $5,700 married filing separately • $8,400 head of household ($8,350 for 2009) • $5,700 single individual • Additional standard deduction if taxpayer is elderly (age 65 or older) or blind • $1,400 if single or head of household • $1,100 if married

2009 Temporary Additions toStandard Deduction Taxpayers were allowed an additional standard deduction in 2009 (with retroactive extension expected to 2010) equal to the lesser of State and local real property taxes paid or $500 ($1,000 if married filing a joint return) Taxpayers with personal casualty losses incurred in federally declared disaster areas that occurred before 1/1/2010 Could increase their standard deduction for their casualty loss or Claim the casualty losses with itemized deductions

2009 Temporary Additions toStandard Deduction • To promote the sales of automobiles, taxpayers could increase their standard deduction for sales tax paid on the purchase of an automobile purchased after 2/16/09 and before 1/1/2010 • Deduction limited to tax on no more than $49,500 • Deduction was phased out for modified AGI between $125,000 and $135,000 ($250,000 and $260,000 if MFJ) • Taxpayers who itemized claimed the sales tax on an automobile as part of their overall sales tax deduction

Dependent’s Standard Deduction • Dependent’s standard deduction is limited to the greater of: • $950 or • Earned income + $300 (up to otherwise allowable standard deduction) • Earned income includes salary and wages • Earned income does not include interest income, dividend income, capital gains, or income as beneficiary of a trust

Itemized Deductions • Itemized deductions provide tax benefit only to the extent that, in total, they exceed the taxpayer’s standard deduction • Taxpayers can maximize use of the standard deduction and itemized deductions by timing certain deductible payments

Medical Expenses • Medical expenses paid for the taxpayer, spouse and dependents, after reduction for insurance reimbursements, are deductible only to the extent they exceed 7.5% of AGI for the year • Qualified medical costs includes prescription drugs and insulin, costs of a hospital, clinic, doctor, dentist, eyeglasses, contract lenses, transportation for medical care and health insurance costs

Medical Expenses • Health insurance premiums for taxpayers and their dependents are deductible only if paid from after-tax income • Premiums paid through an employer-sponsored cafeteria plan are not deductible • Premiums for disability insurance and for loss of life, limb or income are not deductible • Premiums for long-term care insurance are deductible, subject to limits based on age

Deductible Taxes • Deductible taxes include • State, local, and foreign real property taxes • State and local personal property taxes • State, local, and foreign income taxes • Other federal, state, local, and foreign taxes incurred in a business or other income-producing activity

Deductible Taxes • Taxpayers could elect to deduct state and local general sales taxes instead of state and local income taxes as itemized deductions for 2009 (an extension to 2010 is expected) • Taxpayers who paid sales tax on the purchase of an automobile only received a tax benefit from the sales tax deduction if they did not claim a deduction for state or local income taxes • Taxpayers could use the actual sales tax paid or IRS-published tables (if tables used, the actual sales tax paid on an auto was added to the table amount)

Nondeductible Taxes • Nondeductible taxes include • Federal income taxes • Employee's share of payroll taxes • Federal excise taxes not incurred for business • Assessments on property that increase property value

Interest Expense • Deductible interest includes • Investment interest • Home mortgage interest • No deduction for most other personal interest (except previously mentioned student loan interest) including interest on • Auto loans • Life insurance loans • Credit card debt • Delinquent tax payments

Investment Interest Expense • Investment interest includes interest on loans to acquire or hold investment property and margin account interest paid to a broker • Investment interest expense is only deductible to the extent of net investment income • Net investment income = excess of investment income over investment expenses • Excess is carried forward (indefinitely) subject to same limit in future years

Investment Interest Expense • Investment incomeincludesgross income from interest, annuities, and short-term capital gains from investment property • Long-term capital gains or dividends taxed at favorable rates are excluded unless election made to forgo the favorable rate • Investment expenses include safe deposit box rental fees, investment counsel fees, brokerage account maintenance fees • Limited to the lesser of total investment expenses or net miscellaneous itemized deductions after reduction for 2% AGI floor

Qualified Residence Interest • Interest paid for acquisition debt or home equity debt for up to 2 qualified residences • Interest on acquisition debt of up to $1 million principal amount (combined limit for 2 homes) is deductible • Acquisition debt includes mortgage to buy, construct, or improve the residence

Qualified Residence Interest • Interest on up to $100,000 principal amount of home equity loan is deductible • Loan proceeds can be used for any purpose • Points (loan origination fees) paid on initial home mortgages are deductible • Points paid to refinance an exiting loan must be amortized over life of loan • For 2007 – 2010, an additional deduction is allowed for mortgage insurance premiums paid on home acquisition debt

Charitable Contributions • Congress allows individuals, corporations, estates and trusts to deduct contributions to certain qualified organizations • Partnerships and S corporations pass the contributions through to their partners and shareholders who then claim the deductions on their own income tax returns

Charitable Contributions • Qualified charitable organizations • Governmental units (federal, state and local governments) and entities formed and operated exclusively for religious, charitable, scientific, literary or educational purposes, including churches, nonprofit hospitals, school and universities, libraries, and social service agencies • Direct contributions to needy individuals are notdeductible

Charitable Contributions • No deduction allowed to the extent that valuable goods or services are received in return for the contribution • Exception - contributors to universities who receive preferred rights to purchase tickets for university athletic events may deduct 80% of the amount of their contribution • Individual’s deduction limited to 50% of AGI • Excess contributions may be carried forward up to 5 years

Charitable Contributions • No deduction for contributions of the taxpayer’s services and rent-free use of the taxpayer’s property • Out-of-pocket costs incurred for volunteer work for a qualifying charity are deductible • Property other than long-term capital gain property is valued at lesser of FMV or basis

Contributions of LTCG Property • LTCG property is valued at FMV (which is usually greater than adjusted basis) • Tangible personalty given to a charity which does not use the property in its tax-exempt activity is valued at adjusted basis, if lower than FMV • Deduction for LTCG property limited to 30% of AGI • 30% limit can be avoided (and 50% AGI limit applied) if taxpayer elects to use lower basis • If made, election applies to all LTCG contributions that year

Charitable Contributions • Stocks or other income producing property that have declined in value should be sold so that the loss can be claimed with the sale proceeds donated • Fees incurred for appraisals of donated property may be deducted as a miscellaneous itemized deductions • Deduction for donated vehicles sold by charity limited to gross sales proceeds

Charitable Contributions • Since 2007, all cash contributions must be substantiated by a • bank record (such as a canceled check, bank copy of a canceled check, credit card statement or bank statement containing the name of the charity, the date, and the amount), or • written communication from the charity including the charity’s name, contribution date, and amount • Payroll deduction records (pay stub or W-2 form) plus pledge card or other document showing name of organization, date, and amount

Charitable Contributions • Contributions of $250 or more require • A written acknowledgment showing date & amount of contribution along with an estimate of the value of any goods or services you received • Noncash contributions of up to $500 require • A written acknowledgment showing name of charity, your name, date and location of the contribution, and a detailed description of the property • Documentation of your cost for the property and an explanation of how you determined its fair market value

Charitable Contributions • Noncash contributions over $500 require an acknowledgement and written records plus • How you acquired the property (purchase, gift, inheritance or exchange • Date you acquired the property • Cost basis of property • For noncash contributions over $5,000, you must obtain a qualified appraisal

Income Taxation of Individuals