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3-1 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-2 GROSS INCOME: INCLUSIONS (1 of 2) Economic and accounting concepts of income Tax concept of income To whom is income taxable? When is income taxable? Items of gross income ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-3 GROSS INCOME INCLUSIONS (2 of 2) Other items of gross income Tax planning considerations Compliance and procedural considerations ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-4 Concepts of Income Economic Concepts of Income Wealth that flows to individuals Changes in value in individuals’ wealth Unrealized gains Gifts & inheritances considered income ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-5 Concepts of Income Accounting Concepts of Income Accounting concepts of income Values are measured by a transaction approach Income realized as result of completed transactions Use historical cost ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-6 Tax Concept of Income Conditions to make income taxable Administrative convenience Wherewithal to pay Gross income defined ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-7 Conditions to Make Income Taxable Economic benefit to taxpayer Income must be realized Earnings process complete Income must be recognized ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-8 Administrative Convenience Economic concept is considered too subjective Objectivity achieved at price of equity ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-9 Wherewithal to Pay A tax should be collected when the taxpayer can most easily pay ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-10 Gross Income Defined (1 of 2) Section 61(a) defines gross income “all income from whatever source derived,” including (but not limited to) the following items: Compensation, income derived from business, gains from dealings in property, interest, rents, royalties, dividends, alimony, annuities, life insurance, pensions ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-11 Gross Income Defined (2 of 2) Form of receipt Gross income not limited to cash §1.61-1a, income may be “realized in any form, whether in money, property, and services” Indirect economic benefit Items indirectly benefiting taxpayers excluded from gross income ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-12 To whom Is Income Taxable? Assignment of income Allocating income between married people Income of minor children ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-13 Assignment of Income Supreme Court in Lucas v. Earl (1930) Ruled that individual taxed the earnings from his personal services Helvering v. Horst (1940) Ruled that assignment of income doctrine applies to property ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-14 Allocating Income between Married People (1 of 2) Common law property system Used in 42 states Income taxed to person who earns it or who owns the income-producing property Joint income comes from jointly owned property ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-15 Allocating Income between Married People (2 of 2) Community property states All income deemed to be earned equally by spouses except income from separate property Separate property Property owned by each spouse prior to marriage May be community income or separate income, depending on state of residence ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-16 Income of Minor Children Taxed to child regardless of state’s property law system Unearned income of minor under 24 may be taxed at parent’s higher rate See Chapter I2 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-17 When Is Income Taxable? Cash method Accrual method Hybrid method See Topic Review 1 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-18 Cash Method (1 of 3) Used by most individual taxpayers and most non-corporate businesses that do not have inventory Constructive receipt Report income in year actually received Check received after banking hours Bond interest coupons that have matured but not redeemed ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-19 Cash Method (2 of 3) No constructive receipt if It is subject to substantial limitations Payor does not have funds necessary to make payment Amount is unavailable to taxpayer ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-20 Cash Method (3 of 3) Exceptions to basic cash method Interest on Series E or EE Savings Bonds Special rules apply to farmers and ranchers Small taxpayer exception for inventories ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-21 Accrual Method Report income in year income earned Right to income Amount can be determined with reasonable accuracy Prepaid income Generally taxable when received Exceptions in Rev. Proc. 2004-34 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-22 Hybrid Method Accrual method for purchases and sales Cash method in computing all other income and expenses ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-23 Items of Gross Income (1 of 2) Compensation Business income Gains from dealings in property Interest Series EE bond interest exception Rents and royalties Dividends ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-24 Items of Gross Income (2 of 2) Alimony and separate maintenance payments Pensions and annuities Income from life insurance and endowment contracts Income from discharge of indebtedness Income passed through to taxpayer ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-25 Dividends (1 of 3) Included in shareholder gross income Results in double taxation Earnings taxed at corporate level Earnings taxed at shareholder level when distributed as a dividend C corps allowed a 70, 80, or 100% div received deduction based on ownership % Relief from multiple levels of taxation ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-26 Dividends (2 of 3) Individuals taxed at 15% on dividends 0% if in 10% or 15% tax bracket Reduces effects of double taxation Must hold stock for at least 60 days Scheduled to be taxed at ordinary rates after 2010 Distributions to extent they are out of corporate earnings and profits ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-27 Dividends (3 of 3) Stock dividends Not taxable Basis in stock allocated to new shares Capital gain dividends Taxed at long-term capital gain rates Constructive dividends Taxed as regular dividends ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-28 Alimony and Separate Maintenance Payments Only receipt of alimony is taxable Alimony is deductible by one who pays Child support not taxable Property settlement not taxable ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-29 Pensions and Annuities Income portion of annuity taxable Investment portion is excluded Exclusion ratio Basis in annuity ÷ Expected Return Expected return Payment x # of expected payments ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-30 Income Passed Through to Taxpayer Income from flow-through entities taxed directly to owners Income from partnership Income from S corporation Income in respect of a decedent Income from an estate or trust Income from RIC or REIT ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-31 Other Items of Gross Income (1 of 2) Prizes, awards, gambling winnings, and treasure finds – taxable Illegal income – taxable Unemployment compensation - taxable Social security benefits – up to 85% taxable ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-32 Other Items of Gross Income (2 of 2) Insurance proceeds and court awards Special rules apply Recovery of previously deducted amounts – taxable Revenue received that is disputed must still be reported as income Previously reported income that is subsequently refunded is deductible ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-33 Tax Planning Considerations (1 of 2) Shifting income From high income family members to low income family members Alimony Deductible by payor and includible by payee Prepaid income ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-34 Tax Planning Considerations (2 of 2) Taxable, tax-exempt, or tax-deferred bonds Need to compare present value of after-tax returns Reporting savings bond interest Deferred compensation arrangements ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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3-35 Compliance and Procedural Considerations Form 1040 – Wages, Salaries and tips Schedule B – Interest and Dividends Schedule C – Business Income Schedule D – Capital gains Schedule E – Rents and Royalties Schedule F – Farm Income ©2010 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 3-36 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
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