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4-1 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-2 GROSS INCOME: EXCLUSIONS Items that are not income Major statutory exclusions Tax planning considerations Compliance and procedural considerations Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-3 Items that Are Not Income Unrealized income Self-help income Rental value of personal-use property Selling price of property Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-4 Unrealized Income Example: Land valued at $20,000 beginning of year appreciates to $45,000 at end of year The $25,000 increase in value is unrealized income and not taxable Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-5 Self-Help Income The amount saved is not subject to tax Cleaning your own carpet Repairing your car Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-6 Selling Price of Property Only gain on sale of property is taxable Selling price – Basis in property Gain on sale of property Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-7 Major Statutory Exclusions (1 of 2) Gifts and inheritances Life insurance proceeds Adoption expenses Awards for meritorious achievement Scholarships and fellowships Distributions from qualified tuition programs Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-8 Major Statutory Exclusions (2 of 2) Payments for injury and sickness Employee fringe benefits Foreign-earned income exclusion Income from the discharge of a debt Exclusion for gain from small business stock Other exclusions Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-9 Life Insurance Proceeds Paid by reason of death Generally non-taxable Policy surrendered not for death Excess of proceeds over the premiums paid taxable to recipient Dividends on life insurance and endowment policies non-taxable Considered return of premiums paid Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-10 Adoption Expenses Adoption credit Tax credits or an exclusion for amounts paid pursuant to an adoption assistance plan created by an employer Employee may exclude up to $12,650 Phased out between $189,710 - $229,710 Only for special needs adoptions after 2012 Credit reduced to $6,000 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-11 Awards for Meritorious Achievement Awards for religious, charitable, scientific, etc. are not taxable if ALL criteria are met: Did not enter contest Is not required to perform substantial future services Designates a qualified charitable organization to receive the payment Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-12 Scholarships and Fellowships Scholarships excluded for degree candidates used for qualified tuition and related expenses Required for courses of instruction at an educational institution Tuition, fees, books, supplies, equipment Not room and board Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-13 Distributions from Qualified Tuition Programs: §529 Plans (1 of 2) Earnings while in §529 plan not taxable Earnings distributed excluded from income if used by beneficiary for qualified tuition and related expenses Tuition, fees, books, supplies, equipment, AND Room and board if ≥ half-time student Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-14 Distributions from Qualified Tuition Programs: §529 Plans (2 of 2) Distributions of income not used for qualified tuition expenses Income determined by annuity rules Included in beneficiary’s income, AND subject to a 10% penalty Beneficiary must be “family” member Beneficiary may be changed w/o tax consequences Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-15 Payments for Injury and Sickness Injury includes both physical and mental Pmts for emotional distress excluded if pmts for medical expenses or attributable to a physical injury Disability income policy is non- taxable if purchased by taxpayer Taxable if purchased by employer Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-16 Employee Fringe Benefits (1 of 2) In general Employer-paid insurance §132 fringe benefits Employer awards Meals and lodging Meals and entertainment Employee death benefits Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-17 Employee Fringe Benefits (2 of 2) Dependent care Educational assistance Cafeteria plans Flexible spending plans Interest-free loans Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-18 Employee Fringe Benefits in General Compensation generally taxable Law encourages certain types of fringe benefits by treating the benefits as Nontaxable to the employee, AND Deductible by the employer Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-19 Employer-Paid Insurance (1 of 2) Premiums on health, accident, disability and qualifying group term insurance Most employee life insurance premiums Benefits from non-discriminatory self- insured plans See Topic Review 1 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-20 Employer-Paid Insurance (2 of 2) 2010 Affordable Care Act Penalizes individuals who do not obtain medical insurance Penalizes larger employers not providing adequate employee health benefits Other taxes apply to high-income individuals and large employers who do not provide employee coverage Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-21 §132 Fringe Benefits No additional cost benefits Employee discounts Working condition benefits De minimis benefits Transportation fringes Athletic facilities See Topic Review 2 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-22 Employee Awards Employee achievement awards and qualified plan awards Must be tangible personal property Limited to average of $400/employee Max award $1,600 Includes safety or length of service Must not discriminate in favor of highly paid employees Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-23 Meals and Lodging Provided on employer’s premises For the convenience of employer Lodging must be a condition of employment to be nontaxable Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-24 Meals and Entertainment 50% of meal or cost of entertaining customers is deductible Includes cost of employee’s meal or entertainment Employer gets deduction if employer pays or reimburses employee Employee does NOT recognize income Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-25 Employee Death Benefits §101(b) provides exclusion up to $5,000 Amounts over $5,000 may be nontaxable gifts depending on facts and circumstances, including employer’s intention Gift is NOT deductible by employer Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-26 Dependent Care Employer-financed programs Employee may exclude up to $5,000 of assistance each year Cannot discriminate in favor or highly compensated employees Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-27 Educational Assistance Employers pay employee educational costs Employee may exclude up to $5,250 per year for tuition, fees, books, supplies, and equipment Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-28 Cafeteria Plans Also called flexible spending accounts Employee has option of receiving any combination of benefits up to a certain amount, including cash Only receipt of cash is taxable Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-29 Interest-Free Loans Interest must generally be imputed on interest-free loans Imputed interest generally deductible by employer and taxable to employee Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-30 Foreign-Earned Income Exclusion Eligible Taxpayers U.S. citizens subject to U.S. income tax on worldwide income Subject to double taxation if foreign income taxed by foreign country Foreign tax credit (FTC) mitigates double taxation Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-31 Foreign-Earned Income Exclusion Exclusion Amount Foreign-earned income exclusion alternative to FTC May exclude up to $95,100 of foreign-earned income Add’l exclusion for foreign housing costs Foreign housing costs in excess of $15,216 Max housing exclusion is $13,312 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-32 Foreign-Earned Income Exclusion Residency Tests To qualify for foreign earned income exclusion Must be bonafide resident of foreign country(ies) for entire taxable year, OR Be physically present in foreign country for 330 days during a 12-month period If 12-month period spans two tax years, exclusion pro rated based on [# days/365] Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-33 Income from the Discharge of a Debt (1 of 2) Generally, taxpayer may have to include amount of debt forgiveness in gross income Exceptions: nontaxable situations Discharge occurs in bankruptcy Discharge occurs when taxpayer is insolvent Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-34 Income from the Discharge of a Debt (2 of 2) Student loans Discharge excluded from gross income if discharge contingent on performing certain public services for a specified time period in certain professions Home mortgage forgiveness Exclude debt up to $2M on acquisition or improvement of principle residence Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-35 Exclusion for Gain from Small Business Stock (1 of 2) % of gain may be excluded from gross income if held > five years 50% if acquired 8/11/1993 – 2/17/2009 75% if acquired 2/18/2009 – 9/27/2010 100% if acquired 9/28/2010 – 12/31/2011 50% if acquired after 12/31/2011 Eligible amount limited to greater of $10M or 10x adjusted basis in stock Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-36 Exclusion for Gain from Small Business Stock (2 of 2) Taxable gain not recognized if proceeds reinvested in other small business stock w/in 60 days Taxable gain recognized to extent amount realized > amount reinvested Maximum tax rate on taxable amount is 28% Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-37 Other Exclusions (1 of 2) Gain from sale of personal residence Annuities paid to survivors of public safety officers Certain military-related payments Housing allowance for ministers Campus housing Foster care payments Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-38 Other Exclusions (2 of 2) Rural letter carrier’s allowance Roth IRA distributions Education IRA distributions Personal foreign currency gains See Table 2 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-39 Tax Planning Considerations Employee fringe benefits Cafeteria plans can help provide valuable benefits to employees or cash if they don’t need the benefits offered Self-help income and use of personally owned property Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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4-40 Compliance and Procedural Considerations Fringe benefits and Form W-2 Nontaxable benefit may be excluded from employees’ W-2 Taxable benefits subject to withholding and reported on employees’ W-2 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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Comments or questions about PowerPoint Slides? Contact Dr. Richard Newmark at University of Northern Colorado’s Kenneth W. Monfort College of Business richard.newmark@PhDuh.com 4-41 Copyright © 2013 Pearson Education, Inc. publishing as Prentice Hall
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