1. TAX-AIDE Business Income Form 1040 – Line 12 Pub 4012 –Pages D – 12 to D – 14 Pub 4491 –Part 3 – Lesson 10

2. TAX-AIDE Is it a Business? There are 3 choices 1. A business 2. Income producing, but not a business 3. Not entered into for profit (e.g. hobby) NTTC Training - TY2015 2

3. TAX-AIDE A Business ● Facts and circumstances: Profit motive Reasonable expectation of profit Means of livelihood Regular activity Conducted in a business-like manner NTTC Training - TY2015 3

4. TAX-AIDE Income Producing, Not a Business ● Facts and circumstances: Sporadic activity, e.g., one-time fee Gambling winnings Investing Sale of personal assets (e.g. yard sales, Craig’s list, etc.) NTTC Training - TY2015 4

5. TAX-AIDE Not Entered Into for Profit ● Facts and circumstances: Model airplane contest Beer mug collecting Antique hunting, when not a business ● Usually, more pleasure driven than income driven  Not-for-profit activities are out of scope NTTC Training - TY2015 5

6. TAX-AIDE The Interview ● A conversation NTTC Training - TY2015 6

7. TAX-AIDE The Interview – A Conversation ● Prior year return ● Nature of business ● Where is business conducted ● Net profit or loss ● Assets used in business ● Record of income and expenses NTTC Training - TY2015 7

8. TAX-AIDE Notes: ● Taxpayer does not have to conduct regular full-time business activities to be self-employed ● Remember – all income is taxable unless the law says it isn’t! NTTC Training - TY2015 8

9. TAX-AIDE The Interview – A Conversation ● Review sources of income Forms 1099-MISC, 1099-K What else? ● Review types of expenses Health insurance? (Form 1040 Line 29 is out of scope) Other out-of-scope expenses? NTTC Training - TY2015 9

10. TAX-AIDE Interview – Limitations On Scope ● No net loss ● Business expenses of $25,000 or less per Sch C ● Can have more than one Sch C if more than one business  Do not combine businesses – if more than one business, need more than one Sch C NTTC Training - TY2015 10

11. TAX-AIDE Interview – Limitations On Scope ● Only sole proprietor No employees/no 1099 payments ● Self-employed medical adjustment (1040 Line 29) is out of scope ● No SEP/SIMPLE contribution NTTC Training - TY2015 11

12. TAX-AIDE Interview – Limitations On Scope ● No depreciation, amortization, or asset write-off that requires Form 4562 ● De minimis rule – can expense on Sch C assets up to $500 each (F 4562 not needed) Need a statement in the return titled “Section 1.263(a)-1(f) de minimis safe harbor election” and include the taxpayer's name, address, taxpayer identification number, and a statement that the taxpayer is making the de minimis safe harbor election under Reg. §1.263(a)-1(f) NTTC Training - TY2015 12

13. TAX-AIDE Interview – Limitations On Scope ● No deduction for business use of home, such as: Rent Utilities Homeowner/renter insurance  Not even the simplified method! NTTC Training - TY2015 13

14. TAX-AIDE Interview – Limitations On Scope ● Cash method of accounting only ● Must materially participate in business ● Not a bartering business Exchange of services or property Value received is income! ● No prior year unallowed passive activity loss NTTC Training - TY2015 14

15. TAX-AIDE Interview – Limitations On Scope ● No inventory (resale business) Goods purchased for resale Goods produced for resale Even if bought for immediate resale or a particular job, it is still inventory  Line 4, Cost of Goods Sold – out of scope NTTC Training - TY2015 15

16. TAX-AIDE Inventory Quiz Is this inventory? ● Furnishings bought by an interior designer for a specific client? ● Fabric bought by an interior designer who will sew drapes for a client? NTTC Training - TY2015 YES – goods produced for resale are inventory YES – designer is selling the furnishings to the client Note: Answer could be NO if client buys the furnishings and designer charges a finding fee 16

17. TAX-AIDE Interview – Business Income ● Due diligence Does the taxpayer’s business sound reasonable If you have valid concerns that are not satisfied, you can decline to prepare return  Speak privately with your Local Coordinator first if that’s what you decide NTTC Training - TY2015 17

18. TAX-AIDE What if it is NOT a Business*? ● Income goes to Form 1040 line 21 “other” using Wkt 7 ● Deductible items go on Schedule A Usually subject to 2% of AGI (Lines 21 – 23)  To produce or collect income or  To manage or maintain income-producing property or  To determine any tax * Activities not entered into for profit are out of scope NTTC Training - TY2015 18

19. TAX-AIDE What if it is NOT a Business*? ● In some cases, deductible items go on Schedule A, but are not subject to 2% of AGI rule (Line 28)  Gambling losses and expenses  Certain other activities (see Deductions Lesson) * Activities not entered into for profit are out of scope NTTC Training - TY2015 19

20. TAX-AIDE If it is a Business – Line 12 NTTC Training - TY2015 20

21. TAX-AIDE Schedule C Quiz Is this a business? ● Income from recycling (conducted regularly) ● Poll worker ● Babysitter ● One-time executor fee ● Caregiver Who is a relative Who is not a relative NTTC Training - TY2015 Yes No Yes, if not a household employee No, unless in the business Yes, if not a household employee No, unless in the business 21

22. TAX-AIDE Schedule C Input ● Use Schedule C (do not use Schedule C-EZ) ● Must be for either Taxpayer or Spouse Jointly run business must be split into two Schedules C  Self employment tax implications NTTC Training - TY2015 22

23. TAX-AIDE Schedule C Input NTTC Training - TY2015 The tax form 15 23

24. TAX-AIDE TW only (OOS) The input form Use last year’s code or look up NTTC Training - TY2015 24

25. TAX-AIDE Business Code NTTC Training - TY2015 25

26. TAX-AIDE Business Code ● Select code from the list NTTC Training - TY2015 26

27. TAX-AIDE Business Code – Practice ● Using TaxWise help, what is the business code for: Housekeeper Street Performer Tutor House Painter NTTC Training - TY2015 561720 711510 611000 238320 27

28. TAX-AIDE Business Income ● All income must be reported ● All income goes on Line 1 NTTC Training - TY2015 The tax form 28

29. TAX-AIDE Business Income – 1099-MISC ● Reported to Taxpayer on Form 1099- MISC Box 7: Non-employee compensation Box 3: Other income (?) (Ask what income was for - payer may have used wrong box)  Very important to use 1099-MISC that is linked with Sch C NTTC Training - TY2015 29

30. TAX-AIDE Business Income – 1099-MISC ● If blank 1099 MISC on tree under Sch C, use it ● Add more with “+” NTTC Training - TY2015 30

31. TAX-AIDE Business Income – 1099-MISC ● If 1099-MISC not on tree under Sch C Link from line 1 NTTC Training - TY2015 31

32. TAX-AIDE Business Income – 1099-MISC NTTC Training - TY2015 OOS Not Sch C OOS 32

33. TAX-AIDE Business Income – Cash ● Cash or other income (no 1099-MISC) Link from Line 1 to Scratch Pad NTTC Training - TY2015 33

34. TAX-AIDE Statutory Employee Statutory employee on Form W-2 ● Taxpayer wants to claim related expenses – use Sch C  Input on Sch C  Regular Sch C rules apply for expenses NTTC Training - TY2015 34

35. TAX-AIDE Statutory Employee ● Statutory Employees include: Certain agents or commission drivers Full-time life insurance salespersons Certain homeworkers Traveling salespersons  Some employers may check the box in error NTTC Training - TY2015 35

36. TAX-AIDE Statutory Employee ● Statutory employee: Go to bottom of W-2 input form  Check the box NTTC Training - TY2015 36

37. TAX-AIDE Business Income – W-2 Statutory Employee (cont.) – Sch C Input  Check the stat employee box by Line 1  Enter income amount from W-2 on scratch pad linked to Line 1 NTTC Training - TY2015 Do not mix Statutory Employee income with any other income 37

38. TAX-AIDE Business Income Quiz What types of income should you expect to see for: ● A wedding singer Checks and cash (gratuities!) ● A graphic designer 1099-MISC if > $600 Checks or cash for small jobs NTTC Training - TY2015 38

39. TAX-AIDE Business Expenses ● Ordinary and necessary to the business ● Not against public policy Cannot deduct fines or penalties ● All permissible expenses should be claimed  If not claiming an expense results in a tax benefit that would not otherwise occur, then it must be claimed (i.e. if it improves EIC for example) NTTC Training - TY2015 39

40. TAX-AIDE Business Expenses NTTC Training - TY2015 The tax form 40

41. TAX-AIDE The input form Car mileage deduction from page 2 Do not use for car mileage Not home office Business Expenses NTTC Training - TY2015 41

42. TAX-AIDE Other Business Expenses ● Use for business expenses not described in lines 8-26 NTTC Training - TY2015 For more lines, link from last line to new Other Expense Sch C Line 48 form 42

43. TAX-AIDE Business Expense Quiz Are these items deductible? In scope? ● Commissions and fees paid ● Contract labor payments ● Legal and professional services  Only if less than $600 per payee  More than $600 requires 1099 to be issued (OOS) NTTC Training - TY2015 43

44. TAX-AIDE Business Expense Quiz Are these items deductible? In scope? ● Employee benefit programs ● Pension and profit sharing ● Wages  Out of scope – all relate to employees NTTC Training - TY2015 44

45. TAX-AIDE Business Mileage ● Actual expense method – out-of-scope OR ● Standard mileage rate method NTTC Training - TY2015 45

46. TAX-AIDE Business Mileage Car depreciation Gasoline, oil, etc. Repairs and maintenance Insurance Car registration (non-tax portion) Standard mileage rate includes: Parking Tolls Car registration (business part of property tax portion) Standard mileage rate does not include: NTTC Training - TY2015 46

47. TAX-AIDE The tax form Business Mileage NTTC Training - TY2015 47

48. TAX-AIDE The input form Business Mileage ● Sch C Pg 2 NTTC Training - TY2015 Check the box and verify the rate – 57.5¢ for 2015 48

49. TAX-AIDE Business Mileage NTTC Training - TY2015 ● Must understand commuting versus deductible travel miles ● See Pub 4012 Tab F 49

50. TAX-AIDE Business Mileage ● IRS’s position is that first mileage from home and last mileage back home is commuting (not deductible) ● For a self-employed person, can claim first/last mileage if there is a deductible home office (out of scope) ● If taxpayer might have an office in the home so that their mileage could be deducted, refer to a paid preparer NTTC Training - TY2015 50

51. TAX-AIDE Business Mileage Quiz ● Taxpayer claims business mileage and keeps records ● Taxpayer has car accident while on business ● Is insurance “deductible” deductible?  No – insurance (or the cost of self- insuring) is included in standard mileage rate NTTC Training - TY2015 51

52. TAX-AIDE Business Mileage Quiz ● Taxpayer claims business mileage and keeps records ● Taxpayer pays to valet park car to attend a business meeting ● Is valet fee deductible?  Yes, parking and tolls are deductible in addition to standard mileage rate NTTC Training - TY2015 52

53. TAX-AIDE Business Expense – Outside Office ● Rent ● Office expenses (postage, supplies, etc.) ● Insurance ● Taxes ● Business telephone and utilities ● NOT HOME OFFICE NTTC Training - TY2015 53

54. TAX-AIDE Business Expense – Computer ● Requires written evidence of business use ● May require depreciation or write-off using Form 4562 if more than $500  May claim supplies (paper, toner) used for business NTTC Training - TY2015 54

55. TAX-AIDE Business Expenses – Telephone ● Business telephone – dedicated line used only for business – 100% deductible ● Mixed-use home phone Basic service not deductible Only actual cost of business calls deductible ● Cell phone usage – business portion only  De minimis expense for the phone itself up to $500 for 2015 on Sch C (Form 4562 not required) NTTC Training - TY2015 55

56. TAX-AIDE De minimus election ● De minimis rule – can expense on Sch C assets up to $500 each (F 4562 not needed) ● Document using the “Election” Form in TaxWise ● Enter the following on the form: “Section 1.263(a)-1(f) de minimis safe harbor election” and include: ● The taxpayer's name, address, taxpayer identification number, ● A statement that the taxpayer is making the de minimis safe harbor election under Reg. §1.263(a)-1(f) NTTC Training - TY2015 56

57. TAX-AIDE Election Form ● Add form to the Tree NTTC Training - TY2015 57

58. TAX-AIDE Election Form NTTC Training - TY2015 58

59. TAX-AIDE Meals and Entertainment ● Special documentation rules apply if over $75.00 Must have receipt (showing where, when, and how much) Must document business nature of meal or entertainment NTTC Training - TY2015 59

60. TAX-AIDE Usually only 50% deductible – enter full amount, TW does the math Business Expense – Meals and Entertainment NTTC Training - TY2015 60

61. TAX-AIDE Business Gifts ● Limited to $25 per recipient per year ● Does not include logo’d articles of $4 or less each (e.g., a logo’d pen) NTTC Training - TY2015 61

62. TAX-AIDE Health Insurance ● Health insurance for taxpayer, spouse and dependents is not Schedule C expense ● Form 1040 Line 29 adjustment (out of scope) or itemized deduction on Schedule A ● Adjustment is approximately net cost of premiums capped at net profit from business ● May be to taxpayer’s advantage to use tax professional if potential adjustment “significant” NTTC Training - TY2015 62

63. TAX-AIDE Business Income ● TaxWise will automatically flow business net profit to other parts of return: Self-employment tax, except statutory employee Roth or traditional IRA Earned income credit  Proceed methodically through each area NTTC Training - TY2015 63

64. TAX-AIDE Business Income Quality Review ● Is this really a business? ● Do all 1099-MISC in TaxWise agree with originals – EIN, payer name, address, etc.? ● Does Sch C net profit agree with taxpayer’s records? ● How does net profit compare to prior year – is it reasonable? NTTC Training - TY2015 64

65. TAX-AIDE Business Income Quality Review ● Have all business expenses been included? Does taxpayer have education expenses that could (should) be deducted on Sch C ● How does the state look? NTTC Training - TY2015 65

66. TAX-AIDE Business Income Taxpayer Summary ● Emphasize need to keep good records Can be paper or electronic Assures all income is accounted for Assures no expenses are forgotten Greatly facilitates tax return preparation NTTC Training - TY2015 66

67. TAX-AIDE Business Income NTTC Training - TY2015 Questions ? Comments… 67