Comprehensive Volume C10-1 Chapter 10 Deductions and Losses: Certain Itemized Deductions Deductions and Losses: Certain Itemized Deductions Copyright ©2010 Cengage Learning Comprehensive Volume

C10-2 Itemized Deductions (slide 1 of 2) Personal expenditures that are deductible from AGI as itemized deductions include: –Medical expenses –Taxes –Interest –Charitable Contributions –Miscellaneous itemized deductions Personal expenditures that are deductible from AGI as itemized deductions include: –Medical expenses –Taxes –Interest –Charitable Contributions –Miscellaneous itemized deductions

Comprehensive Volume C10-3 Itemized Deductions (slide 2 of 2) Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer

Comprehensive Volume C10-4 Medical Expenses (slide 1 of 6) Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI

Comprehensive Volume C10-5 Medical Expenses (slide 2 of 6) Example of medical expense deduction limitation: –Amy has AGI of $10,000 and medical expenses of $1,000 –Amy’s medical expense deduction = $250 [$1,000 – ($10,000 × 7.5%)] Example of medical expense deduction limitation: –Amy has AGI of $10,000 and medical expenses of $1,000 –Amy’s medical expense deduction = $250 [$1,000 – ($10,000 × 7.5%)]

Comprehensive Volume C10-6 Medical Expenses (slide 3 of 6) Example of medical expense deduction limitation: –Bob has AGI of $4,000 and medical expenses of $1,000 –Bob’s medical expense deduction = $700 [$1,000 – ($4,000 × 7.5%)] Example of medical expense deduction limitation: –Bob has AGI of $4,000 and medical expenses of $1,000 –Bob’s medical expense deduction = $700 [$1,000 – ($4,000 × 7.5%)]

Comprehensive Volume C10-7 Medical Expenses (slide 4 of 6) Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents –Includes prescription drugs and insulin Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents –Includes prescription drugs and insulin

Comprehensive Volume C10-8 Medical Expenses (slide 5 of 6) Does not include the cost of items such as : –Unnecessary cosmetic surgery –General health items –Nonprescription drugs Does not include the cost of items such as : –Unnecessary cosmetic surgery –General health items –Nonprescription drugs

Comprehensive Volume C10-9 Medical Expenses (slide 6 of 6) Medical expenditures are deductible in year paid –Includes payment by check or credit card Medical expenditures are deductible in year paid –Includes payment by check or credit card

Comprehensive Volume C10-10 Nursing Home Expenditures If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging) If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)

Comprehensive Volume C10-11 Special School Expenditures Medical expense deduction may include the expenses of a special school for a mentally or physically handicapped individual –Deduction is allowed if a principal reason for sending the individual to the school is the school’s special resources for alleviating the infirmities –In this case, the cost of meals and lodging, in addition to the tuition, is a proper medical expense deduction Medical expense deduction may include the expenses of a special school for a mentally or physically handicapped individual –Deduction is allowed if a principal reason for sending the individual to the school is the school’s special resources for alleviating the infirmities –In this case, the cost of meals and lodging, in addition to the tuition, is a proper medical expense deduction

Comprehensive Volume C10-12 Capital Medical Expenditures May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc. Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable Full amount of cost is medical expense in year paid Maintenance on capital expenditures also medical expense May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc. Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable Full amount of cost is medical expense in year paid Maintenance on capital expenditures also medical expense

Comprehensive Volume C10-13 Capital Improvement to Home Deductible medical expense only to extent cost exceeds increase in value of home –Appraisal costs related to capital improvements are also deductible, but not as medical expenses Exception: removal of structural barriers to home of handicapped are deemed to add no value to home –Thus, full amount is a medical expense Deductible medical expense only to extent cost exceeds increase in value of home –Appraisal costs related to capital improvements are also deductible, but not as medical expenses Exception: removal of structural barriers to home of handicapped are deemed to add no value to home –Thus, full amount is a medical expense

Comprehensive Volume C10-14 Medical Care of Spouse and Dependents Taxpayer may deduct cost of medical care for spouse and dependents –Dependents need not meet gross income or joint return tests –Medical expenses of children of divorced parents can be deducted by non-custodial parent even though child is dependent of custodial parent Taxpayer may deduct cost of medical care for spouse and dependents –Dependents need not meet gross income or joint return tests –Medical expenses of children of divorced parents can be deducted by non-custodial parent even though child is dependent of custodial parent

Comprehensive Volume C10-15 Medical Transportation and Lodging Transportation costs to and from medical care are deductible –Mileage allowance of 24 cents per mile (in 2009) may be used instead of actual out-of-pocket automobile expenses Lodging while away from home for medical care –Allowable amount is $50 per person per night If parent and/or aide needs to accompany patient, their expenses are also deductible Transportation costs to and from medical care are deductible –Mileage allowance of 24 cents per mile (in 2009) may be used instead of actual out-of-pocket automobile expenses Lodging while away from home for medical care –Allowable amount is $50 per person per night If parent and/or aide needs to accompany patient, their expenses are also deductible

Comprehensive Volume C10-16 Medical Insurance Premiums Premiums paid for medical care insurance are deductible medical expenses For self-employed, 100% of insurance premiums are deductible for AGI –Not allowed if taxpayer is eligible to participate in a subsidized health plan maintained by any employer of the taxpayer or the taxpayer’s spouse Premiums paid for qualified long-term care insurance are deductible medical expenses –Subject to limitations based on age of the insured Premiums paid for medical care insurance are deductible medical expenses For self-employed, 100% of insurance premiums are deductible for AGI –Not allowed if taxpayer is eligible to participate in a subsidized health plan maintained by any employer of the taxpayer or the taxpayer’s spouse Premiums paid for qualified long-term care insurance are deductible medical expenses –Subject to limitations based on age of the insured

Comprehensive Volume C10-17 Reimbursement by Medical Insurance If reimbursed in same year as expense paid: –Reimbursement offsets medical expense –Amount deductible is excess of expenses over reimbursement If reimbursed in the year after medical expenses were paid: –Reimbursement is income only to extent medical deduction was taken by taxpayer (tax benefit rule) –If standard deduction was taken in year expenses were paid, none of the reimbursement is included in income If reimbursed in same year as expense paid: –Reimbursement offsets medical expense –Amount deductible is excess of expenses over reimbursement If reimbursed in the year after medical expenses were paid: –Reimbursement is income only to extent medical deduction was taken by taxpayer (tax benefit rule) –If standard deduction was taken in year expenses were paid, none of the reimbursement is included in income

Comprehensive Volume C10-18 Example of Medical Reimbursements (slide 1 of 2) In 2009, taxpayer paid medical expenses = $1,200; In 2009, reimbursed $800 by insurance company –For 2009, deductible medical expense is $400 – (7.5% × AGI) In 2009, taxpayer paid medical expenses = $1,200; In 2009, reimbursed $800 by insurance company –For 2009, deductible medical expense is $400 – (7.5% × AGI)

Comprehensive Volume C10-19 Example of Medical Reimbursements (slide 2 of 2) In 2009, taxpayer paid medicalexpenses of $1,200; In 2010, reimbursed $800 by insurance company –For 2009, deductible medical expense is $1,200 – (7.5% × AGI) –For 2010, reimbursement is income to extent taxpayer received a tax benefit from medical expense deduction in 2009 In 2009, taxpayer paid medicalexpenses of $1,200; In 2010, reimbursed $800 by insurance company –For 2009, deductible medical expense is $1,200 – (7.5% × AGI) –For 2010, reimbursement is income to extent taxpayer received a tax benefit from medical expense deduction in 2009

Comprehensive Volume C10-20 Health Savings Accounts Used in conjunction with a high deductible medical insurance policy –Employee contributions to HSA are deductible for AGI and earnings on funds in account are not taxable –Deductible contributions are limited to the sum of the monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of: The annual deductible under a high deductible plan or $3,000 for self-only ($5,950 for family coverage) in 2009 –Withdrawals from HSA are excludible to the extent used for qualified medical expenses Used in conjunction with a high deductible medical insurance policy –Employee contributions to HSA are deductible for AGI and earnings on funds in account are not taxable –Deductible contributions are limited to the sum of the monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of: The annual deductible under a high deductible plan or $3,000 for self-only ($5,950 for family coverage) in 2009 –Withdrawals from HSA are excludible to the extent used for qualified medical expenses

Comprehensive Volume C10-21 Taxes (slide 1 of 4) State, local, and foreign income and real property taxes are deductible in the year paid –Real property taxes do not include taxes assessed for local benefits e.g., Special assessments for streets, sidewalks, curbing, and other similar improvements State and local personal property taxes based on value (ad valorem) are deductible in the year paid State, local, and foreign income and real property taxes are deductible in the year paid –Real property taxes do not include taxes assessed for local benefits e.g., Special assessments for streets, sidewalks, curbing, and other similar improvements State and local personal property taxes based on value (ad valorem) are deductible in the year paid

Comprehensive Volume C10-22 Taxes (slide 2 of 4) Other taxes such as FICA, excise, etc., are not deductible –May be deductible if incurred in business or production of income activity Fees are not deductible as tax Other taxes such as FICA, excise, etc., are not deductible –May be deductible if incurred in business or production of income activity Fees are not deductible as tax

Comprehensive Volume C10-23 Taxes (slide 3 of 4) A new provision allows homeowners to deduct their real estate taxes even if they do not itemize –Applies to 2008 and 2009 income tax returns –Property tax paid is treated as an additional standard deduction amount Limited to $1,000 for married couples filing jointly and $500 for other filers Real estate taxes for year property is sold must be apportioned between the buyer and the seller –Failure to correctly apportion requires offsetting adjustments to seller’s amount realized and buyer’s adjusted basis A new provision allows homeowners to deduct their real estate taxes even if they do not itemize –Applies to 2008 and 2009 income tax returns –Property tax paid is treated as an additional standard deduction amount Limited to $1,000 for married couples filing jointly and $500 for other filers Real estate taxes for year property is sold must be apportioned between the buyer and the seller –Failure to correctly apportion requires offsetting adjustments to seller’s amount realized and buyer’s adjusted basis

Comprehensive Volume C10-24 Taxes (slide 4 of 4) Can elect to deduct either state & local income taxes or sales/use taxes –For state and local income taxes, deduct amounts paid during year: Amounts withheld Estimated tax payments Amounts paid in current year for prior year’s liability –For sales/use taxes, deduct either: Actual sales/use tax payments or Amount from an IRS table –Table amount may be increased by sales tax paid on certain specific items (e.g., Purchase of motor vehicles, boats, etc.) If deduction is taken for sales/use taxes paid rather than state income taxes, the new standard deduction for qualified motor vehicle taxes allowed under ARRTA of 2009 may not also be taken Can elect to deduct either state & local income taxes or sales/use taxes –For state and local income taxes, deduct amounts paid during year: Amounts withheld Estimated tax payments Amounts paid in current year for prior year’s liability –For sales/use taxes, deduct either: Actual sales/use tax payments or Amount from an IRS table –Table amount may be increased by sales tax paid on certain specific items (e.g., Purchase of motor vehicles, boats, etc.) If deduction is taken for sales/use taxes paid rather than state income taxes, the new standard deduction for qualified motor vehicle taxes allowed under ARRTA of 2009 may not also be taken

Comprehensive Volume C10-25 Interest Expense Deduction of interest expense is limited to: –Interest on qualified student loans –Investment interest –Qualified residence (home mortgage) interest –Business interest Personal interest expense is not deductible Deduction of interest expense is limited to: –Interest on qualified student loans –Investment interest –Qualified residence (home mortgage) interest –Business interest Personal interest expense is not deductible

Comprehensive Volume C10-26 Interest on Qualified Student Loans Deductible for AGI, subject to limits –Maximum deduction is $2,500 per year –Deduction is phased out for taxpayers with modified AGI (MAGI) between $60,000 and $75,000 ($120,000 and $150,000 on joint returns) –Not allowed for those claimed as a dependent or for married filing separate returns Deductible for AGI, subject to limits –Maximum deduction is $2,500 per year –Deduction is phased out for taxpayers with modified AGI (MAGI) between $60,000 and $75,000 ($120,000 and $150,000 on joint returns) –Not allowed for those claimed as a dependent or for married filing separate returns

Comprehensive Volume C10-27 Investment Interest Investment interest on loans whose proceeds are used to purchase investment property may be deductible –e.g., Investment property may include stock, bonds, and land held for investment Deduction of investment interest expense is limited to net investment income Investment interest on loans whose proceeds are used to purchase investment property may be deductible –e.g., Investment property may include stock, bonds, and land held for investment Deduction of investment interest expense is limited to net investment income

Comprehensive Volume C10-28 Qualified Residence Interest (slide 1 of 4) Interest on indebtedness secured by the principal residence and one other residence (qualified residences) Interest must be on acquisition indebtedness or home equity loans Interest on indebtedness secured by the principal residence and one other residence (qualified residences) Interest must be on acquisition indebtedness or home equity loans

Comprehensive Volume C10-29 Qualified Residence Interest (slide 2 of 4) Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences –Interest paid on aggregate acquisition indebtedness of $1 million or less ($500,000 for married, filing separately) is deductible as qualified residence interest Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences –Interest paid on aggregate acquisition indebtedness of $1 million or less ($500,000 for married, filing separately) is deductible as qualified residence interest

Comprehensive Volume C10-30 Qualified Residence Interest (slide 3 of 4) Home equity indebtedness: loans secured by qualified residences Interest is deductible only on portion of home equity loan that does not exceed the lesser of: –$100,000 ($50,000 for married, filing separate), or –FMV of home – acquisition indebtedness Home equity indebtedness: loans secured by qualified residences Interest is deductible only on portion of home equity loan that does not exceed the lesser of: –$100,000 ($50,000 for married, filing separate), or –FMV of home – acquisition indebtedness

Comprehensive Volume C10-31 Qualified Residence Interest (slide 4 of 4) Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest

Comprehensive Volume C10-32 Interest Paid For Services (slide 1 of 2) “Points” paid for the use or forbearance of money qualify as deductible interest –Cannot be a service charge if they are to qualify as deductible interest Points generally must be capitalized and amortized over the life of loan “Points” paid for the use or forbearance of money qualify as deductible interest –Cannot be a service charge if they are to qualify as deductible interest Points generally must be capitalized and amortized over the life of loan

Comprehensive Volume C10-33 Interest Paid For Services (slide 2 of 2) Exception: Points paid in the acquisition or improvement of principal residence –Entire amount of such points are deductible in the year paid –Points paid to refinance an existing home mortgage must be capitalized and amortized over the life of the new loan Exception: Points paid in the acquisition or improvement of principal residence –Entire amount of such points are deductible in the year paid –Points paid to refinance an existing home mortgage must be capitalized and amortized over the life of the new loan

Comprehensive Volume C10-34 Mortgage Insurance Payments Mortgage insurance premiums are deductible as interest if they relate to a qualified residence of the taxpayer –The deduction begins to phase out for taxpayers with AGI in excess of $100,000 ($50,000 for married taxpayers filing separately) Mortgage insurance premiums are deductible as interest if they relate to a qualified residence of the taxpayer –The deduction begins to phase out for taxpayers with AGI in excess of $100,000 ($50,000 for married taxpayers filing separately)

Comprehensive Volume C10-35 Classification of Interest Expense Whether interest is deductible for AGI or as an itemized deduction (from AGI) depends on purpose of indebtedness –If related to a business or the production of rent or royalty income Interest is deductible for AGI –If incurred for personal use, such as qualified residence interest Deduction is reported on Schedule A, Form 1040 if taxpayer itemizes However, interest on a student loan is a deduction for AGI –If the taxpayer incurs debt in relation to his or her employment Interest is considered to be personal, or consumer, interest Whether interest is deductible for AGI or as an itemized deduction (from AGI) depends on purpose of indebtedness –If related to a business or the production of rent or royalty income Interest is deductible for AGI –If incurred for personal use, such as qualified residence interest Deduction is reported on Schedule A, Form 1040 if taxpayer itemizes However, interest on a student loan is a deduction for AGI –If the taxpayer incurs debt in relation to his or her employment Interest is considered to be personal, or consumer, interest

Comprehensive Volume C10-36 Charitable Contributions (slide 1 of 2) Individuals and corporations may deduct contributions made to qualified domestic organizations Contributor must have donative intent and expect nothing in return –If contributor receives tangible benefit, the FMV of such benefit must be deducted from the amount of the contribution Individuals and corporations may deduct contributions made to qualified domestic organizations Contributor must have donative intent and expect nothing in return –If contributor receives tangible benefit, the FMV of such benefit must be deducted from the amount of the contribution

Comprehensive Volume C10-37 Charitable Contributions (slide 2 of 2) Exception to tangible benefit rule –Allows deduction of 80% of amount paid for the right to purchase athletic tickets from colleges and universities Exception to tangible benefit rule –Allows deduction of 80% of amount paid for the right to purchase athletic tickets from colleges and universities

Comprehensive Volume C10-38 Contribution of Services No deduction is allowed for the contribution of services –Unreimbursed expenses related to the services are deductible –Out-of-pocket transportation costs or a standard mileage rate of 14 cents per mile are deductible –Deductions are also permitted for transportation, reasonable expenses for lodging, and the cost of meals while away from home incurred in performing the donated services No deduction is allowed for the contribution of services –Unreimbursed expenses related to the services are deductible –Out-of-pocket transportation costs or a standard mileage rate of 14 cents per mile are deductible –Deductions are also permitted for transportation, reasonable expenses for lodging, and the cost of meals while away from home incurred in performing the donated services

Comprehensive Volume C10-39 Nondeductible Items The following items may not be deducted as charitable contributions: –Dues, fees, or bills paid to country clubs, lodges, fraternal orders, or similar groups –Cost of raffle, bingo, or lottery tickets –Cost of tuition –Value of blood given to a blood bank –Donations to homeowners associations –Gifts to individuals –Rental value of property used by a qualified charity The following items may not be deducted as charitable contributions: –Dues, fees, or bills paid to country clubs, lodges, fraternal orders, or similar groups –Cost of raffle, bingo, or lottery tickets –Cost of tuition –Value of blood given to a blood bank –Donations to homeowners associations –Gifts to individuals –Rental value of property used by a qualified charity

Comprehensive Volume C10-40 Qualified Organizations To be deductible, contributions must be to a qualified domestic nonprofit organization or state or possession of U.S. or any subdivisions thereof –Many (but not all) qualified domestic charities are listed in IRS Publication #78 To be deductible, contributions must be to a qualified domestic nonprofit organization or state or possession of U.S. or any subdivisions thereof –Many (but not all) qualified domestic charities are listed in IRS Publication #78

Comprehensive Volume C10-41 Record-Keeping Requirements No deduction is allowed for charitable contributions unless the taxpayer has appropriate documentation and substantiation –The specific type of documentation required depends on the amount of the contribution and whether the contribution is made in cash or noncash property –Special rules may apply to gifts of certain types of property (e.g., used automobiles) where Congress has noted taxpayer abuse in the past No deduction is allowed for charitable contributions unless the taxpayer has appropriate documentation and substantiation –The specific type of documentation required depends on the amount of the contribution and whether the contribution is made in cash or noncash property –Special rules may apply to gifts of certain types of property (e.g., used automobiles) where Congress has noted taxpayer abuse in the past

Comprehensive Volume C10-42 Ordinary Income Property Defined: assets that would produce ordinary income or short-term capital gain if sold Contribution amount –FMV of asset less ordinary income (or STCG) potential; generally the lower of adjusted basis or FMV Defined: assets that would produce ordinary income or short-term capital gain if sold Contribution amount –FMV of asset less ordinary income (or STCG) potential; generally the lower of adjusted basis or FMV

Comprehensive Volume C10-43 Capital Gain Property Defined: assets that would produce long- term capital gain or Section 1231 gain if sold Contribution amount –Generally FMV of asset Defined: assets that would produce long- term capital gain or Section 1231 gain if sold Contribution amount –Generally FMV of asset

Comprehensive Volume C10-44 Exceptions to FMV Deduction of Capital Gain Property (slide 1 of 3) Private nonoperating foundations –Deduction for contributions to private nonoperating foundations must be reduced by the amount of capital gain potential –Thus, the contribution deduction is limited to the adjusted basis Private nonoperating foundations –Deduction for contributions to private nonoperating foundations must be reduced by the amount of capital gain potential –Thus, the contribution deduction is limited to the adjusted basis

Comprehensive Volume C10-45 Exceptions to FMV Deduction of Capital Gain Property (slide 2 of 3) For contributions of tangible personalty –The charitable deduction may limited to the adjusted basis if the asset contributed is not used in charity’s exempt function –This reduction generally does not apply if The property is, in fact, not put to an unrelated use, or At the time of the contribution, it was reasonable to anticipate that the property would not be put to an unrelated use by the donee For contributions of tangible personalty –The charitable deduction may limited to the adjusted basis if the asset contributed is not used in charity’s exempt function –This reduction generally does not apply if The property is, in fact, not put to an unrelated use, or At the time of the contribution, it was reasonable to anticipate that the property would not be put to an unrelated use by the donee

Comprehensive Volume C10-46 Exceptions to FMV Deduction of Capital Gain Property (slide 3 of 3) For contributions of certain types of intellectual property –Contribution deduction is limited to the lesser of the taxpayer’s basis in the property or the property’s fair market value –Includes patents, certain copyrights, trademarks, trade names, trade secrets, know-how, and some software For contributions of certain types of intellectual property –Contribution deduction is limited to the lesser of the taxpayer’s basis in the property or the property’s fair market value –Includes patents, certain copyrights, trademarks, trade names, trade secrets, know-how, and some software

Comprehensive Volume C10-47 Example of Contributions of Tangible Personalty Taxpayer contributes painting to local charity: FMV $100,000 and adjusted basis $10,000 –If charitable organization is a local museum that hangs the painting for patrons to view, taxpayer has $100,000 contribution deduction –If charitable organization is a local church that sells the painting immediately to obtain funds for its operation, taxpayer has $10,000 contribution Taxpayer contributes painting to local charity: FMV $100,000 and adjusted basis $10,000 –If charitable organization is a local museum that hangs the painting for patrons to view, taxpayer has $100,000 contribution deduction –If charitable organization is a local church that sells the painting immediately to obtain funds for its operation, taxpayer has $10,000 contribution

Comprehensive Volume C10-48 Charitable Contribution Limitations (slide 1 of 4) 50% limit –In no case can the charitable contribution deduction for a year exceed 50% of the taxpayer’s AGI –Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets) 50% limit –In no case can the charitable contribution deduction for a year exceed 50% of the taxpayer’s AGI –Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)

Comprehensive Volume C10-49 Charitable Contribution Limitations (slide 2 of 4) 30% limit –Charitable contribution deduction for certain assets cannot exceed 30% of the taxpayer’s AGI Applies to 30% assets which are: –Capital gain property for which the contribution amount is FMV –Certain contributions to private nonoperating foundations 30% limit –Charitable contribution deduction for certain assets cannot exceed 30% of the taxpayer’s AGI Applies to 30% assets which are: –Capital gain property for which the contribution amount is FMV –Certain contributions to private nonoperating foundations

Comprehensive Volume C10-50 Charitable Contribution Limitations (slide 3 of 4) 30% limit –Taxpayer can elect to treat capital gain property as 50% assets by limiting the amount of such contributions to their adjusted bases –Referred to as the reduced deduction election Enables the taxpayer to move from the 30% limitation to the 50% limitation 30% limit –Taxpayer can elect to treat capital gain property as 50% assets by limiting the amount of such contributions to their adjusted bases –Referred to as the reduced deduction election Enables the taxpayer to move from the 30% limitation to the 50% limitation

Comprehensive Volume C10-51 Charitable Contribution Limitations (slide 4 of 4) 20% limit –Certain contributions of capital gain property to private nonoperating foundations 20% limit –Certain contributions of capital gain property to private nonoperating foundations

Comprehensive Volume C10-52 Charitable Contributions Carryover Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years –Contributions carried forward retain their classification e.g., If the contribution originally involved 30% property, the carryover will continue to be classified as 30% property in the carryover year –When using carryovers, current contributions are used first, then carryovers used on a FIFO basis Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years –Contributions carried forward retain their classification e.g., If the contribution originally involved 30% property, the carryover will continue to be classified as 30% property in the carryover year –When using carryovers, current contributions are used first, then carryovers used on a FIFO basis

Comprehensive Volume C10-53 Example of Charitable Contribution AGI Limits Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University 50% limit = $50,000 30% limit = $30,000 –Amount of deduction = $50,000 (40,000 cash + 10,000 stock) –Contribution carryforward = $25,000 stock (as 30% asset) Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University 50% limit = $50,000 30% limit = $30,000 –Amount of deduction = $50,000 (40,000 cash + 10,000 stock) –Contribution carryforward = $25,000 stock (as 30% asset)

Comprehensive Volume C10-54 Miscellaneous Itemized Deductions Some expenditures are deductible only to the extent they exceed 2% of AGI Examples include: –Professional dues –Uniforms –Tax return prep fees –Job-hunting costs –Certain investment expenses –Hobby losses –Unreimbursed employee expenses Some expenditures are deductible only to the extent they exceed 2% of AGI Examples include: –Professional dues –Uniforms –Tax return prep fees –Job-hunting costs –Certain investment expenses –Hobby losses –Unreimbursed employee expenses

Comprehensive Volume C10-55 Misc. Itemized Deductions Not Subject to 2% of AGI Floor Examples include: –Gambling losses to the extent of gambling winnings –Impairment-related work expenses of a handicapped person –Deduction for repayment of amounts under a claim of right if more than $3,000 –Unrecovered investment in an annuity contract when annuity ceases by reason of death Examples include: –Gambling losses to the extent of gambling winnings –Impairment-related work expenses of a handicapped person –Deduction for repayment of amounts under a claim of right if more than $3,000 –Unrecovered investment in an annuity contract when annuity ceases by reason of death

Comprehensive Volume C10-56 Overall Limitation on Itemized Deductions (slide 1 of 3) Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions –Threshold amount in 2009 is $166,800 ($83,400 if married, filing separately) Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions –Threshold amount in 2009 is $166,800 ($83,400 if married, filing separately)

Comprehensive Volume C10-57 Overall Limitation on Itemized Deductions (slide 2 of 3) Itemized deductions subject to possible reduction include: –Taxes, home mortgage interest, charitable contributions, and miscellaneous deductions Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction Itemized deductions subject to possible reduction include: –Taxes, home mortgage interest, charitable contributions, and miscellaneous deductions Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction

Comprehensive Volume C10-58 Overall Limitation on Itemized Deductions (slide 3 of 3) This overall limitation is being phased out over a four-year period, beginning in 2006 Limitation is calculated using a 2-step process Step 1: Amount of reduction is lesser of: (AGI – threshold) × 3%, or 80% × total itemized deductions subject to reduction Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved –For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount –For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount This overall limitation is being phased out over a four-year period, beginning in 2006 Limitation is calculated using a 2-step process Step 1: Amount of reduction is lesser of: (AGI – threshold) × 3%, or 80% × total itemized deductions subject to reduction Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved –For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount –For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount

Comprehensive Volume C10-59 If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact: Dr. Donald R. Trippeer, CPA SUNY Oneonta If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact: Dr. Donald R. Trippeer, CPA SUNY Oneonta