1. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Taxation of Business Entities 1 Chapter 5 Business Deductions

2. 2 The Big Picture (slide 1 of 4) Sid Stevens operates his business as a C corporation with a December 31 year-end, uses the accrual method of accounting, and has $485,500 of gross income. Stevens owns 80% of the corporation’s stock, while his wife, Kathleen, and his mother, Terry, each own 10% of the stock. Sid is a full-time employee at his business. –His mother helps out with the books for about two hours a week. –At this time, Kathleen does not work at the business.

3. 3 The Big Picture (slide 2 of 4) Sid Stevens reports the following expense information from his small engine service and repair business. Salaries and wages (including Sid’s salary of $55,000 and Terry’s salary of $3,000) $150,000 Building rent 24,000 Depreciation of machinery, equipment, and office furnishings* 18,000 Insurance (coverage for machinery, equipment, and office furnishings) 12,000 Utilities 12,000 Taxes and licenses 6,000 Advertising 3,000 Interest expense on loan to buy new machinery 6,000 Charitable contributions 3,000 Political contributions 2,000 *$180,000 of new machinery and equipment were purchased in January 2011. The financial reporting system depreciation is based on straight-line depreciation over 10 years. The MACRS cost recovery period for tax purposes is 7 years.

4. 4 The Big Picture (slide 3 of 4) Sid would like to know the amount of his deductible expenses for tax purposes and would like your advice on another matter. Because his business has been very profitable over the years, it has built up large cash reserves, and its cash flow continues to be strong. –His business has never paid any dividends to the shareholders. For next year, he is considering paying himself a salary of $110,000 and his mother a salary of $30,000. –This would give them more cash to spend for planned vacations and home improvements.

5. 5 The Big Picture (slide 4 of 4) Finally, during the current year, Sid purchased another personal residence for $300,000 and converted his original residence to rental property. He also purchased a condo for $170,000 near his business, which he will rent out to tenants. Read the chapter and formulate your response.

6. 6 Trade or Business Deductions (slide 1 of 2) Section 162(a) permits a deduction for all ordinary and necessary expenses paid or incurred in carrying on a trade or business including: –Reasonable salaries paid for services –Expenses for the use of business property –One-half of self-employment taxes paid Such expenses are deducted for AGI

7. 7 Trade or Business Deductions (slide 2 of 2) In order for expenses to be deductible, they must be: –Ordinary: normal, usual, or customary for others in similar business, and not capital in nature –Necessary: prudent businessperson would incur same expense –Reasonable: question of fact –Incurred in conduct of business

8. 8 The Big Picture - Example 3 Ordinary and Necessary Requirement Return to the facts of The Big Picture on p. 5-2. The business, a closely held C corp, is owned by Sid Stevens, his wife, Kathleen, and his mother, Terry. The company has been highly profitable. –It has never paid dividends. Sid is the key employee of the business. –His mother plays a very minor role. Assume their current salaries of $55,000 and $3,000 are comparable to what they could earn at similar companies for the work they do.

9. 9 The Big Picture - Example 3 Ordinary and Necessary Requirement If Mr. Stevens’s plan to double his salary and increase his mother’s salary by tenfold is implemented, the amounts in excess of their current salaries may be deemed unreasonable. –If so, the excess would be disallowed as deductible salary. The disallowed amounts would then be treated as dividends rather than salary income to Sid and Terry. –Salaries are deductible by the corporation, but dividends are not (see Chapter 10).

10. 10 Methods of Accounting The method of accounting affects when deductions are taken –Cash: expenses are deductible only when paid –Accrual: expenses are deductible when incurred Apply the all events test and the economic performance test –Exception to the economic performance test for recurring items

11. 11 Disallowance Possibilities The tax law disallows the deduction of certain types of expenses for a variety of reasons –e.g., May restrict taxpayer attempts to deduct certain items that, in reality, are personal expenditures Certain disallowance provisions are a codification or extension of prior court decisions –e.g., After courts denied deductions for payments in violation of public policy, tax law was changed to provide specific authority for the disallowance

12. 12 Expenditures Contrary To Public Policy Deductions are disallowed for certain specific types of expenditures that are considered contrary to public policy –Examples: penalties, fines, illegal bribes or kickbacks, two-thirds of treble damage payments for violation of anti-trust law

13. 13 Legal Expenses Incurred In Defense Of Civil Or Criminal Penalties To deduct legal expenses –Must be directly related to a trade or business, an income producing activity, or the determination, collection, or refund of a tax e.g., Corporate officer’s legal fees in defending against price-fixing charges e.g., Landlord’s legal fees associated with eviction of tenant

14. 14 Expenses Relating To An Illegal Business Usual expenses of operating an illegal business are deductible –However, deduction for fines, bribes to public officials, illegal kickbacks, and other illegal payments are disallowed Trafficking in controlled substances: only cost of goods sold can reduce gross income

15. 15 Political Contributions And Lobbying Activities Generally, no business deduction is allowed for payments made for political purposes or for lobbying –Exceptions are allowed for lobbying: To influence local legislation, To monitor legislation, and De minimis in-house expenses (limited to $2,000) –If greater than $2,000, none can be deducted

16. 16 Excessive Executive Compensation (slide 1 of 2) For publicly held corporations: –Deduction for compensation of CEO and four other highest compensated officers is limited to $1 million each –Does not include: Certain performance-based compensation Payments to qualified retirement plans Payments excludible from gross income

17. 17 Excessive Executive Compensation (slide 2 of 2) An additional limitation applies only to covered executives of companies receiving Troubled Asset Relief Program (TARP) assistance –The deduction for compensation paid to a covered executive is limited to $500,000 –Covered employees include the CEO, the CFO, and the three other most highly compensated officers

18. 18 Investigation Of A Business (slide 1 of 3) Investigation expenses - incurred to determine the feasibility of entering a new business or expanding an existing business –Include costs such as travel, engineering, architectural surveys, marketing reports, various legal and accounting services Tax treatment of these expenses depends on: –The current business, if any, of the taxpayer –The nature of the business being investigated –The extent to which the investigation has proceeded –Whether or not the acquisition actually takes place

19. 19 Investigation Of A Business (slide 2 of 3) If the taxpayer is in a business the same as or similar to that being investigated –Investigation expenses are deductible in the year paid or incurred The tax result is the same whether or not the taxpayer acquires the business being investigated

20. 20 Investigation Of A Business (slide 3 of 3) When the taxpayer is not in a business the same as or similar to that being investigated –Tax result depends on whether new business is acquired If not acquired –All investigation expenses generally are nondeductible If acquired –Investigation expenses must be capitalized –May elect to deduct the first $5,000 of expenses currently –Any excess expenses can be amortized over a period of not less than 180 months (15 years) –In arriving at the $5,000 immediate deduction allowed, a dollar-for- dollar reduction must be made for those expenses in excess of $50,000

21. 21 The Big Picture - Example 14 Investigation Of A Business Return to the facts of The Big Picture on p. 5-2. Mr. Steven’s mother, Terry, an accrual basis sole proprietor, owns and operates three motels in Georgia. In the current year, Terry incurs expenses of $8,500 in investigating the possibility of acquiring several additional motels located in South Carolina. –The $8,500 is deductible in the current year whether or not Terry acquires the motels in South Carolina.

22. 22 Capital Expenditures Amounts are capitalized Asset may be subject to depreciation (or cost recovery), amortization, or depletion

23. 23 Transactions Between Related Parties (slide 1 of 2) Section 267 disallows losses from direct or indirect sales or exchanges of property between related parties –Family and entity relationships apply –Constructive ownership rules apply –Loss disallowed may reduce gain on subsequent disposition to unrelated third party

24. 24 Transactions Between Related Parties (slide 2 of 2) Section 267 also requires the matching principle be applied for unpaid expenses and interest when different accounting methods used –Example: An accrual basis, closely held corporation, cannot deduct accrued, but unpaid, salary to cash basis related party employee/shareholder until it is actually paid

25. 25 The Big Picture - Example 17 Related Parties – Disallowed Losses Return to the facts of The Big Picture on p. 5-2. Sid Stevens, an 80% shareholder, sells a stock investment in his personal portfolio with a basis of $10,000 to his corporation for its fair market value of $8,000. –Sid’s $2,000 loss from the sale of the stock is disallowed because the sale is to a related party. Sid’s business sells the stock several years later for $11,000. –Only $1,000 of gain is taxable to the business upon the subsequent sale. $11,000 selling price - $8,000 basis - $2,000 previously disallowed loss.

26. 26 Expenses and Interest Relating to Tax-Exempt Income Expenses relating to production of tax-exempt income are nondeductible –Example: interest expense on loan where funds used to acquire municipal bonds

27. 27 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

28. 28 Charitable Contributions (slide 2 of 2) Contribution must be to 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

29. 29 Timing of Charitable Contribution Deduction Generally, deductible in year in which the payment is made –Exception: An accrual basis corporation may take deduction in year preceding payment if: The contribution is authorized by the board of directors by the end of that year, and The contribution is paid on or before the fifteenth day of the third month of the following year

30. 30 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

31. 31 Capital Gain Property Defined: assets that would produce long-term capital gain or Section 1231 gain if sold Contribution amount –Generally FMV of asset

32. 32 Exceptions to FMV Deduction of Capital Gain Property (slide 1 of 2) Private nonoperating foundations –Deduction for contributions to private nonoperating foundations must be reduced by the amount of capital gain potential –Thus, the amount is limited to the adjusted basis

33. 33 Exceptions to FMV Deduction of Capital Gain Property (slide 2 of 2) Tangible personalty –If asset contributed is not used in charity’s exempt function, the charitable deduction must be reduced by the amount of capital gain potential, thus, limiting the amount to the adjusted basis

34. 34 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

35. 35 Exceptions Related to Contributions of Ordinary Income Property (slide 1 of 2) In general, the deduction for a contribution of ordinary income property is limited to the basis of the property On certain contributions of inventory by corps, the amount of the deduction is equal to the lesser of –The property’s basis plus 50% of the appreciation on the property, or –Twice the property’s basis

36. 36 Exceptions Related to Contributions of Ordinary Income Property (slide 2 of 2) This increased deduction amount is available for inventory contributions to –A charitable organization for use in its exempt function Such use is solely for the care of the ill, needy, or infants –A public school (K-12) for use in its educational programs –A qualified educational or scientific organization that uses the property for research or experimentation, or research training –A qualified educational organization or public library of computer equipment and software used for educational purposes

37. 37 Charitable Contribution Limitation A corporate taxpayer’s contribution deduction is limited to 10% of taxable income before –The charitable contribution deduction –Any NOL or capital loss carryback –The dividends received deduction, and –The domestic production activities deduction

38. 38 Charitable Contributions Carryover Contributions in excess of the 10% limit may be carried forward for 5 years –Any carryforward is added to subsequent contributions subject to the 10% limit –In carryforward year, current year contributions must be deducted first, with excess deductions from previous years deducted in order of time

39. 39 Research and Experimental Expenditures (slide 1 of 2) Definition of research and experimental (R&E) expenditures –Costs for the development of an experimental model, plant process, product, formula, invention, or similar property and improvement of such existing property

40. 40 Research and Experimental Expenditures (slide 2 of 2) Three alternatives are available for R&E expenditures –Expense in year paid or incurred, –Defer and amortize over period of 60 months or more, or –Capitalize (deductible when project abandoned or worthless) Credit of 20% of certain R&E expenditures is also available

41. 41 Domestic Production Activities Deduction (slide 1 of 5) The American Jobs Creation Act of 2004 created a new deduction based on the income from manufacturing activities –The Domestic Production Activities deduction is based on the following formula: 9% × Lesser of –Qualified production activities income –Taxable (or modified adjusted gross) income or AMTI The deduction cannot exceed 50% of an employer’s W–2 wages paid to employees engaged in qualified production activities

42. 42 Domestic Production Activities Deduction (slide 2 of 5) Qualified production activities income is the excess of domestic production gross receipts over the sum of: –Cost of goods sold that are attributable to such receipts –Other deductions, expenses, or losses that are directly allocable to such receipts –A share of other deductions, expenses, and losses that are not directly allocable to such receipts or another class of income

43. 43 Domestic Production Activities Deduction (slide 3 of 5) Domestic production gross receipts include the following five specific categories: –The lease, license, sale, exchange, or other disposition of qualified production property manufactured, produced, grown, or extracted in the U.S. –Qualified films largely created in the U.S. –The production of electricity, natural gas, or potable water –Construction (but not self-construction) performed in the U.S. –Engineering and architectural services for domestic construction Items specifically excluded from this definition include: –The sale of food and beverages prepared by a taxpayer at a retail establishment and –The transmission or distribution of electricity, natural gas, or potable water

44. 44 Domestic Production Activities Deduction (slide 4 of 5) A phase-in provision increases the applicable rate for the Domestic Production Activities deduction as follows: Rate Years 6%2007-2009 9%2010 and thereafter

45. 45 Domestic Production Activities Deduction (slide 5 of 5) Eligible taxpayers include: –Individuals, partnerships, S corporations, C corporations, cooperatives, estates, and trusts For a pass-through entity (e.g., partnerships, S corporations), the deduction flows through to the individual owners For sole proprietors, a deduction for AGI results and is claimed on Form 1040, line 35 on page 1

46. 46 Cost Recovery Recovery of the cost of business or income- producing assets is through: –Cost recovery or depreciation: tangible assets –Amortization: intangible assets –Depletion: natural resources

47. 47 Nature of Property Property includes both realty (real property) and personalty (personal property) –Realty generally includes land and buildings permanently affixed to the land –Personalty is defined as any asset that is not realty Personalty includes furniture, machinery, equipment, and many other types of assets Personalty (or personal property) should not be confused with personal use property –Personal use property is any property (realty or personalty) that is held for personal use rather than for use in a trade or business or an income-producing activity Write-offs are not allowed for personal use assets

48. 48 General Considerations (slide 1 of 3) Basis in an asset is reduced by the amount of cost recovery that is allowed and by not less than the allowable amount –Allowed cost recovery is cost recovery actually taken –Allowable cost recovery is amount that could have been taken under the applicable cost recovery method If no cost recovery is claimed on property –The basis of the property must still be reduced by the amount that should have been deducted i.e., The allowable cost recovery

49. 49 General Considerations (slide 2 of 3) If personal use assets are converted to business or income-producing use –Basis for cost recovery and for loss is lower of Adjusted basis or Fair market value at time property was converted –Losses that occurred prior to conversion can not be recognized for tax purposes through cost recovery

50. 50 General Considerations (slide 3 of 3) MACRS applies to: –Assets used in a trade or business or for the production of income –Assets subject to wear and tear, obsolescence, etc. –Assets that have a determinable useful life or decline in value on a predictable basis –Assets that are tangible personalty or realty

51. 51 The Big Picture - Example 39 Cost Recovery Basis for Personal Use Assets Converted to Business Use Return to the facts of The Big Picture p. 5-2. Five years ago Sid Stevens purchased his personal residence for $250,000. –This year Sid found a larger home that he acquired for his personal residence. –Unfortunately he cannot sell his original residence and recover his purchase price of $250,000. The residence was appraised at $180,000. Instead of continuing to try to sell the original residence, Sid converted it to rental property. –The basis for cost recovery of the rental property is $180,000 because the fair market value is less than the adjusted basis. –The $70,000 decline in value is deemed to be personal (since it occurred while the property was held for personal use by Sid) and therefore nondeductible.

52. 52 MACRS-Personalty MACRS characteristics: MACRS Personalty. Statutory lives: 3, 5, 7, 10 yrs 15, 20 yrs Method: 200% DB 150% DB Convention: Half Yr or Mid-Quarter DB = declining balance with switch to straight-line Straight-line depreciation may be elected

53. 53 Half-Year Convention General rule for personalty Assets treated as if placed in service (or disposed of) in the middle of taxable year regardless of when actually placed in service (or disposed of)

54. 54 Example: Half-Year Convention Purchased and placed an asset in service on March 15 (Tax year end is December 31) –Treated as placed in service June 30 –Six months cost recovery in year 1 (and year disposed of, if within recovery period)

55. 55 Additional First-Year Depreciation (slide 1 of 2) 50% additional first-year depreciation has been allowed for several years –The Small Business Jobs Act of 2010 extended additional first-year depreciation for one more year Effective for qualified property acquired and placed in service before January 1, 2011 Most recently, the Tax Relief Act of 2010 extended additional first-year depreciation for 2011 –Increases the percentage from 50% to 100% –Effective for qualified property placed in service after Sept. 8, 2010 and before Jan. 1, 2012 The Act also extends additional first-year depreciation for 2012, but at the 50% rate –Effective for qualified property placed in service after Dec. 31, 2011 and before Jan. 1, 2013

56. 56 Additional First-Year Depreciation (slide 2 of 2) Additional first-year depreciation allows an additional percentage (50% or 100%) of cost recovery in year asset is placed in service Qualified property includes most types of new property other than buildings –Property that is used but new to the taxpayer does not qualify

57. 57 Example: Additional First-Year Depreciation Maple Company acquires a 5-year class asset on March 20, 2010, for $20,000. Maple’s cost recovery deduction for 2010 is computed as follows: 50% additional first-year depreciation ($20,000 X.50) $10,000 MACRS cost recovery [($20,000 - $10,000) X.20 (Table 8.1)] 2,000 Total cost recovery $12,000

58. 58 Mid-Quarter Convention Applies when more than 40% of personalty is placed in service during last quarter of year Assets treated as if placed into service (or disposed of) in the middle of the quarter in which they were actually placed in service (or disposed of)

59. 59 Example: Mid-Quarter Convention Business with 12/31 year end purchased and placed in service the following used 5-year class assets: Asset 1: on 3/28 for $50,000, and Asset 2: on 12/28 for $100,000 More than 40% placed in service in last quarter; therefore, mid-quarter convention used: Asset 1: $50,000 × (.20 × 200% × 10.5/12) = $17,500, or $50,000 × 35% (Table 8.2) = $17,500 Asset 2: $100,000 × (.20 × 200% × 1.5/12) = $5,000, or $100,000 ×.05 (Table 8.2) = $5,000

60. 60 MACRS-Realty (slide 1 of 2) MACRS characteristics: MACRS Realty Residential Rental Nonresid. Realty Statutory lives: 27.5 yrs 31.5 yrs or 39 yrs Method: Straight-line Convention: Mid-month Residential rental real estate –Includes property where 80% or more of gross rental revenues are from nontransient dwelling units –e.g., Apartment building

61. 61 MACRS-Realty (slide 2 of 2) Mid-month Convention –Property placed in service at any time during a month is treated as if it was placed in service in the middle of the month –Example: Business building placed in service April 25 is treated as placed in service April 15

62. 62 Optional Straight-line Election May elect straight-line rather than accelerated depreciation on personalty placed in service during year –Use the class life of the asset for the recovery period –Use half-year or mid-quarter convention as applicable –Election is made annually by class of property

63. 63 Farm Property Generally, for farm assets use: –MACRS 150% declining-balance method for personalty MACRS straight-line method is required for any tree or vine bearing fruits or nuts –Straight line method over the normal periods (27.5 years and 39 years) for real property –If the election is made to not have the uniform capitalization rules apply, alternative depreciation system (ADS) straight-line method must be used

64. 64 Leasehold Improvement Property (slide 1 of 2) If lessor is owner of leasehold improvement property, depreciation is calculated as follows: –Real Property – Use straight-line method over 27.5 or 39 year statutory recovery periods –Tangible personal property – Use the shorter MACRS lives and accelerated methods When these improvements are disposed of or abandoned by the lessor due to lease termination –Property is treated as disposed of by the lessor –A loss can be taken for the unrecovered basis

65. 65 Leasehold Improvement Property (slide 2 of 2) If lessee is owner of leasehold improvement property –Costs of leasehold improvements are recovered in accordance with the general cost recovery rules Cost recovery period is determined without regard to the lease term –Any unrecovered basis in the leasehold improvement property not retained by the lessee is deducted in the year the lease is terminated

66. 66 Election to Expense Assets -Section 179 (slide 1 of 5) General rules –Can elect to immediately expense up to $500,000 (in 2010 and 2011) of business tangible personalty placed in service during the year –Cannot use § 179 for most realty or production of income property

67. 67 Election to Expense Assets -Section 179 (slide 2 of 5) Section 179 general rules –Amount expensed reduces depreciable basis –Any elected § 179 expense is taken before additional first- year depreciation is computed The base for calculating the standard MACRS deduction is net of the § 179 expense and the additional first-year depreciation (100% in 2011 and 50% in 2012).

68. 68 Election to Expense Assets -Section 179 (slide 3 of 5) Annual limitations: –Expense limitation ($500,000 for 2010 and 2011) is reduced by amount of § 179 property placed in service during year that exceeds $2,000,000 Example: In 2010, taxpayer placed in service $2,015,000 of § 179 property. –The § 179 expense limit is reduced to $485,000 [$500,000 – ($2,015,000 – $2,000,000)]

69. 69 Election to Expense Assets -Section 179 (slide 4 of 5) Annual limitations: –Election to expense cannot exceed taxable income (before § 179) of taxpayer’s trades or businesses Any amount expensed under § 179 over taxable income limitation may be carried over to subsequent year(s) Amount carried over still reduces basis currently The Small Business Jobs Act of 2010, if elected, expands the definition of property qualifying for § 179 to include Qualified leasehold improvement property, Qualified restaurant property, and Qualified retail improvement property –Limited to $250,000 qualified real property § 179 deductions in 2011 attributable to qualified real property that are disallowed under the trade or business income limitation may not be carried over to 2012

70. 70 Election to Expense Assets -Section 179 (slide 5 of 5) Example: Taxpayer buys 5-year property for $525,000 on August 15, 2011 and elects immediate expensing of the maximum amount. The total deduction for the year is calculated as follows: § 179 expense $500,000 Standard MACRS calculation [($525,000 - $500,000) X.20] 5,000 Total cost recovery allowed in 2010$505,000 Assumes election is made to not take additional first year depreciation.

71. 71 Listed Property (slide 1 of 4) There can be substantial limits on cost recovery of assets considered listed property Listed property includes the following: –Passenger automobile –Other property used as a means of transportation –Property used for entertainment, recreation, or amusement –Computer or peripheral equipment –Cellular telephone

72. 72 Listed Property (slide 2 of 4) To be considered as predominantly used for business, business use must exceed 50% Use of asset for production of income is not considered in this 50% test However, both business and production of income use percentages are used to compute cost recovery

73. 73 Listed Property (slide 3 of 4) To be considered as predominantly used for business (cont’d) If 50% test is met, then allowed to use statutory percentage method of cost recovery with some limitations

74. 74 Listed Property (slide 4 of 4) If asset is not used predominantly for business i.e., business use does not exceed 50% –Must use straight-line method –If business use falls to 50% or lower after year property is placed in service, must recapture excess cost recovery

75. 75 Passenger Auto Cost Recovery Limits (slide 1 of 7) For autos placed in service in 2010, cost recovery limits are: Year Recovery Limitation 1 $3,060 2 4,900 3 2,950 Succeeding years until the cost is recovered 1,775 If a passenger auto used predominantly for business qualifies for additional first-year depreciation –First-year recovery limitation is increased by $8,000 Limit increases from $3,060 to $11,060 ($3,060 + $8,000).

76. 76 Passenger Auto Cost Recovery Limits (slide 2 of 7) Limits are for 100% business use –Must reduce limits by percentage of personal use Limit in the first year includes any amount the taxpayer elects to expense under § 179

77. 77 Passenger Auto Cost Recovery Limits (slide 3 of 7) Example: Taxpayer acquired an auto in 2010 for $30,000 and used it 80% for business 2010 cost recovery allowance: ($30,000 × 20%) × 80%$4,800 But deduction is limited to $3,060 × Business use % × 80% Cost recovery allowance$2,448

78. 78 Passenger Auto Cost Recovery Limits (slide 4 of 7) Limit on § 179 deduction –For certain vehicles not subject to the statutory dollar limits imposed on passenger automobiles the § 179 deduction is limited to $25,000 The limit applies to sport utility vehicles with an unloaded GVW rating of more than 6,000 pounds and not more than 14,000 pounds

79. 79 Passenger Auto Cost Recovery Limits (slide 5 of 7) Listed property that fails the >50% business usage test in year property is placed in service must be recovered using the straight-line method –Such property does not qualify for additional first-year depreciation If the >50% business usage test is failed in a year after the property is placed in service, straight-line method must be used for remainder of property’s life –Cost recovery of passenger auto under straight-line listed property rule still subject to annual limits

80. 80 Passenger Auto Cost Recovery Limits (slide 6 of 7) Change from predominantly business use –If the business use percentage falls to 50% or lower after the year the property is placed in service, the property is subject to cost recovery recapture –The amount recaptured as ordinary income is the excess cost recovery Excess cost recovery is the excess of the cost recovery deductions taken in prior years using the statutory percentage method over the amount that would have been allowed if the straight-line method had been used

81. 81 Passenger Auto Cost Recovery Limits (slide 7 of 7) Leased autos subject to inclusion amount rule –Using IRS tables, taxpayer has gross income equal to each lease year’s inclusion amount –Purpose is to prevent avoidance of cost recovery dollar limits applicable to purchased autos by leasing autos

82. 82 Alternative Depreciation System (ADS) (slide 1 of 2) ADS is an alternative depreciation system that is used in calculating depreciation for: –Alternative minimum tax (AMT) –Assets used predominantly outside the U.S. –Property owned by the taxpayer and leased to tax exempt entities –Earnings and profits

83. 83 Alternative Depreciation System (ADS) (slide 2 of 2) Generally, use straight-line recovery without regard to salvage value –For AMT, 150% declining balance is allowed for personalty –Half-year, mid-quarter, and mid-month conventions still apply

84. 84 Amortization (slide 1 of 2) Can claim amortization deduction on § 197 intangibles –Use straight-line recovery over 15 years (180 months) beginning in month intangible is acquired Section 197 intangibles include acquired goodwill, going-concern value, trademarks, trade names, etc.

85. 85 Amortization (slide 2 of 2) Startup expenditures are also partially amortizable under § 195 –Treatment is available only by election Allows the taxpayer to deduct the lesser of: –The amount of startup expenditures, or –$5,000, reduced by the amount startup expenditures exceed $50,000 –Any amounts not deducted may be amortized ratably over 180-months beginning in month trade or business begins

86. 86 Depletion (slide 1 of 4) Two methods of natural resource depletion –Cost: determined by using the adjusted basis of the resource and allocating over the recoverable units –Percentage: determined using percentage provided in Code and multiplying by gross income from resource sales

87. 87 Depletion (slide 2 of 4) Cost depletion –Depletion is computed on a per unit basis –Per unit amount is determined by dividing the basis of the resource by the estimated recoverable units of resource Number of units sold in year × per unit depletion = depletion for year –Total depletion can not exceed total cost of the property

88. 88 Depletion (slide 3 of 4) Percentage depletion –Depletion is computed by using the statutory percentage rate for the type of resource –Rate is applied to the gross income from the property

89. 89 Depletion (slide 4 of 4) Percentage depletion –Percentage depletion cannot exceed 50% of the taxable income (before depletion) from the property –Percentage depletion reduces basis in property –However, total percentage depletion may exceed the total cost of the property Example: Property with zero basis but still generating income

90. 90 Intangible Drilling Costs (IDC) Intangible drilling costs include –Costs for making the property ready for drilling –Costs of drilling the hole Treatment of IDC –Expense in the year incurred, or –Capitalize and write off through depletion It is generally advantageous to write off IDC immediately

91. 91 Refocus On The Big Picture (slide 1 of 4) In general, the expenses incurred in Sid Stevens’s small engine service and repair business are deductible. In addition, the salaries and wages paid must be reasonable. –His plan to increase salaries radically next year for himself and his mother probably should not be pursued, because most or all of the increase could be considered unreasonable. Charitable contributions generally are limited to 10% of taxable income before the charitable contribution deduction. Political contributions are not deductible.

92. 92 Refocus On The Big Picture (slide 2 of 4) Sid can elect to expense the costs of the machinery and equipment under § 179. For 2011, the § 179 deduction is limited to $500,000 and cannot exceed the taxable income derived from the business (before the § 179 deduction). In this case, the entire $180,000 is deductible. Gross income $485,500 Less: Salaries and wages (150,000) Building rent (24,000) § 179 deduction (180,000) Insurance (12,000) Utilities (12,000) Taxes and licenses (6,000) Advertising (3,000) Interest expense (6,000) Taxable income before the charitable contribution deduction $ 92,500 Less: Charitable contributions (limited to 10% of taxable income) (3,000) Taxable income $ 89,500

93. 93 Refocus On The Big Picture (slide 3 of 4) Sid also will be able to deduct depreciation on the house he converted to rental use and on the rental condo purchased. What If? Instead assume that Mr. Stevens placed in service in 2011 $250,000 of new machinery and equipment that qualifies for the § 179 deduction. In addition, Sid feels that he can justify increasing his salary to $57,500, which will increase total salaries and wages to $152,500. Sid can elect to expense all $250,000 of the cost under § 179. As a result of the increased salary and § 179 deductions, the charitable contribution deduction now is limited to $2,000. –The remainder ($1,000) is carried over to the next tax year.

94. 94 Refocus On The Big Picture (slide 4 of 4) Gross income $ 485,500 Less: Salaries and wages (152,500) Building rent (24,000) § 179 deduction (250,000) Insurance (12,000) Utilities (12,000) Taxes and licenses (6,000) Advertising (3,000) Interest expense (6,000) Taxable income before the charitable contribution deduction $ 20,000 Less: Charitable contributions (limited to 10% of taxable income) (2,000) Taxable income $ 18,000

95. © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 95 If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact: Dr. Donald R. Trippeer, CPA trippedr@oneonta.edu SUNY Oneonta