Edward A. Lyon, JD
TaxTuneup.com, Inc.
3416 Shaw Ave #5
Cincinnati OH 45208
513.321.2821
elyon@taxtuneup.com
|
C Corporation
A “C” corporation is a regular taxable corporation that
pays tax on its net income at corporate rates. Corporate tax rates
start at 15% for the first 450,000 in taxable income and climb quickly.
(The spikes you see as rates climb are intended to eliminate the benefit
of moving through the brackets for corporations with higher income.)
|
Corporate Tax Rates (2008) |
| Taxable Income |
Rate |
| 0 - $50,000 |
15% |
| $50,001 - 75,000 |
25% |
| $75,001 - 100,000 |
34% |
| $100,001 - 355,000 |
39% |
| $355,001 - 10,000,000 |
35 |
| $10,000,001 - 15,000,000 |
35% |
| $15,000,001 - 18,333,333 |
38% |
| $18,333,333+ |
35% |
There are two classes of C Corporation that may face
higher tax rates on certain income:
-
Personal service corporations (“PSCs”) are those whose
principal activity involves personal services in the fields of health,
law, engineering, architecture, accounting, actuarial science, performing
arts, or consulting and substantially all of whose stock is owned
by employees, retirees, their estates or heirs. These are taxed at a flat
35% to stop professionals from sheltering income inside the corporation.
-
Personal holding companies (“PHCs”) are closely held C
corporations earning 60% or more of their income from passive sources like
interest, dividends, rents, and royalties. PHCs pay a special 15% tax on
retained PHC income to stop shareholders from using them as personal tax
shelters.
Once the corporation has paid tax on its income, it can
keep them for future growth, or pay them to shareholders as dividends. Dividends are taxed again as personal income
(albeit at
preferential rates capped at 15%). This is the infamous "double taxation"
that critics of the corporate tax condemn. However, it's more bark than
bite if you “zero out” profits by paying them as salary or bonus. This
avoids corporate tax as long as your salary is “reasonable compensation”
for the services you provide.
If your personal tax rate is 28% or more, you can keep up
to $50,000 in profit to be taxed at 15%, then distribute the remaining
after-tax net as a “qualified corporate dividend” to be taxed at 15%. This
yields an effective tax of just 27.75% and avoids any employment taxes you
would pay if you had distributed the income as salary or bonus.
C Corporations can offer employees upwards of 300
deductible employee benefits. These include
De Minimis Fringe
Benefits,
Medical
Expense Reimbursement Plans,
Qualified Plans, and the
like. In fact, many businesses include C corporations in their entity
structure specifically to pay benefits.
C corporations also offer tax breaks for otherwise
nondeductible insurance premiums:
-
If your corporation pays for your
Life Insurance (other
than Group Term
Life Insurance coverage up to $50,000), the corporation pays tax
on the premium and you pay tax on the value of the coverage (valued at the
“PS 58” rates used to value group term life or the insurer’s annual
renewable term rate, whichever is less). Those combined taxes may be less
than you’d pay for insurance personally with after-tax dollars.
-
Your corporation can deduct employee disability insurance
premiums; however, benefits are then taxable. If you pay premiums yourself
(and forego the deduction) benefits are tax-free. This sounds like a hard
choice—but the IRS has ruled that you can effectively deduct premiums
until the year in which you become disabled, then forego that year’s
deduction and take benefits tax-free.
You can borrow up to $10,000 tax-free from the
corporation, tax-free, so long as you show a business purpose other than
avoiding tax. If you borrow more than $10,000, you need to pay interest at
least equal to the applicable federal rate (“AFR”) or pay tax on the
difference between your rate and the AFR.
Report C corporation income and expenses on
Form
1120 or
1120-A.
For more information, see
IRS
Publication 542:
Corporations.
Cab Fare
Cafeteria Plan
(See Flexible Spending Account)
Capital Gains
Capital gains and losses are profits from the sale of property. You might
not think that a type of "income" qualifies as a tax break. But long-term
capital gains from sales of property held for more than 12 months enjoy
three important advantages over ordinary income:
- Long-term capital gains -- gains from the sale of property
held for more than 12 months--are taxed at lower rates than ordinary
income -- no more than 15%, even for taxpayers in the top tax brackets.
- You don't pay tax until you "realize" your gain, or
actually sell your property. This lets you choose when to pay the tax.
- If you hold on to your appreciated property until your
death, you'll avoid income tax entirely. Your heirs will inherit the
property with a basis equal to its value on your date of death.
Capital gains are the first place to look
to cut your tax on your investments. But there are several strategies you
can use to avoid even these taxes:
- Consider borrowing against assets to draw cash in the
form of nontaxable loans. You can use your home, your investment real
estate, and even your securities as collateral for a loan or line of
credit. You can also borrow against a permanent life insurance policy.
This gives you access to your equity and lets your investment keep
appreciating.
- Consider
Tax Swaps to generate offsetting
capital losses.
- Give assets to a lower-bracket family member. This
strategy used to be popular for paying college tuition until Congress
raised the age limit for the Kiddie Tax; however, it can still be
useful for older relatives.
- Use appreciated assets to make a
Charitable Gift.
- If you have a large position in a single security,
consider Tax-Engineered Products.
Car Phone
(See Cell Phone)
Car
and Truck
Car and truck expenses are
deductible when you drive for a deductible activity:
- Car travel to and from medical facilities is deductible
at 12 cents per mile, plus parking and tolls, as a
Medical Expense
subject to the 7.5% floor.
- Car travel during a move is deductible as a
Moving
Expense.
- Car travel to find a job is deductible at
50.5 cents
per mile as a Job-Hunting Expense subject to the 2% floor on
miscellaneous itemized deductions.
- Car travel to manage your investments is deductible at
50.5 cents per mile (up to investment income) as an
Investment Expense
subject to the 2% floor on
Miscellaneous
Itemized Deductions. However,
there's no deduction for travel to investment seminars or to attend
shareholder meetings.
- Car travel for volunteer or charitable causes is
deductible at 14 cents per mile as a Charitable Gift.
- Property taxes you pay on your car are deductible as an
itemized deduction on Schedule A, regardless of how you use your car.
Business Use of Your Car
If you use your car or light truck for
business, you can deduct those expenses attributable to the business. If you
use your vehicle 100% for business, just deduct 100% of your expenses. if
you use your vehicle less than 100% for business, you can deduct whatever
percentage of your expenses that you use the vehicle for business.
There are two ways to calculate
your deduction for business use of your car: "actual expenses" method and
the mileage allowance:
- To use the "actual expense" method, keep actual records
of all your car expenses. These include lease or purchase payments, garage
fees, gas, insurance, licensing and tags, oil, maintenance, parking,
tires, tolls, and even washing. Deduct the percentage of your total
expenses that equals your business use of the car. If you use this method
the year you place the car in service, you'll have to use it for all
future years for that car.
- To use the mileage allowance, simply keep track of your
deductible mileage and deduct the appropriate amount per mile. You have to
choose this method the first year you use the car for business if you want
to use it for future years. You can switch from the mileage allowance to
the actual expense method, but you can't switch back
If you choose to claim actual
expenses, you can also deduct Depreciation on the car. For 2008, you can deduct up to $3,160 in the
first year, $5,000 in the second, $3,050 in the third, $1,775 in the fourth
and fifth, and $1,152 in the sixth. Personal use cuts your depreciation by
whatever percentage you use the car personally. For example, if you use the
car 75% for business, your maximum first-year depreciation is 75% of $3,160,
or $2,370. To claim depreciation as an employee, you have to show that you
use the car for your employer's convenience. If you use a car more than 50%
for business, you can choose first-year expensing or "200% modified
accelerated cost recovery system" (MACRS). If you're subject to the AMT, use
"150% MACRS." If you use it less than 50% for business, use straight-line
depreciation.
If you choose first-year expensing, you can
deduct whatever percentage of the $3,160 limit applies to your business use
of the car. In future years, you'll reduce your depreciable basis by the
full $3,160, even if personal use cuts your actual deduction. For example,
if you claim first-year expensing for a car that you use 80% for business,
reduce your basis by the full $3,160 even though you only claim $2,528 of
first-year expensing (80% of the $3,160 limit).
If you choose MACRS, your
deduction depends on when you buy the car. If the car is the only capital
equipment you buy in a year, use the "mid-year" convention, below, if you
buy it in January through September, or the "fourth quarter" convention if
you buy it in October, November, or December. If you buy other capital
equipment, you'll need to add the cost of the car to any other equipment you
buy. If the cost of the car is more than 40% of the total cost of equipment
you buy, then use the appropriate quarter convention for when you buy the
car. (If the mid-quarter convention limits your deduction to less than the
$3,160 annual limit, consider using first-year expensing, instead.)
Otherwise, use the "mid-year" convention. In future years, you'll reduce
your depreciable basis by the full amount of depreciation allowable, whether
or not you claim the full deduction.
If you choose MACRS and your business use of
the car falls below 50% in a later year, you'll have to "recapture" the
difference between what you actually claimed (including first-year
expensing) and what you could have claimed using straight-line depreciation.
Report this "excess depreciation" as ordinary income the year business use
falls below 50%.If you use the car 100% for business and you can't deduct
100% of the depreciable basis in the six-year periods above, you can
continue deducting the remaining balance over future years at the final
year's rate until you've completed depreciating.
Sport-utility vehicles with a gross vehicle
weight, loaded, of 6,000 pounds or more, don't count as "cars," so they
aren't limited to the annual depreciation ceilings. You can deduct the full
amount of depreciation under any of these three methods. Popular
sport-utility vehicles that qualify for full depreciation include the Chevy
Suburban and Ford Expedition and Excursion; your dealer can tell you if your
preferred truck qualifies.
If you lease your car, you can deduct
whatever part of your lease payment equals your business use of the car. For
example, if you lease a car for $300 per month, and use it 75% for business,
you can deduct $225 per month. If the fair market value of the car at the
beginning of the lease is $15,800 or more, you may have to report income to
reflect the value of the car. The purpose of this rule is to limit your
deduction to what you could take if you had bought the car outright.
Example: You buy
a car for $18,000 in October 2007. You use it 60% for business that year.
Since you use it more than 50% for business, you can use first-year
expensing to deduct $1,896 (60% of the $3,160 first-year expensing limit).
Using the depreciation table in Appendix 1, you can also use MACRS to
deduct $540 (60% of the $900 fourth-quarter depreciation limit).
In 2000, you use the car just 30% for
business. Your allowable deduction for 1999 under straight-line
depreciation would have been $270. Your straight-line deduction for 2000
will equal the car?s depreciable basis (the $18,000 purchase price minus
the $3,160 first-year expensing deduction, or $14,840) multiplied by the
fourth-quarter depreciation limit (20%), multiplied by your business use
of the car (30%), or $890.40. You'll also "recapture" and report as income
the "excess depreciation" of what you claimed in 1998 ($1,896) minus what
you could have claimed under the straight-line method ($270), or $1,626.
For more information, see
IRS Publication 463, "Travel, Entertainment, Gift, and Car Expenses."
Car Crash
Casualty losses from crashes that occur while you are driving for
business are actually deductible as a
Business Expense on
Schedule C,
Form 1065, or
your corporate return. The Tax Court
says that car crashes "seem to be an inseparable incident of driving a car."
So the costs of litigating and settling business car crashes are deductible
business expenses.
Car Service
(See Cab Fare)
Career Counseling
Career counseling fees you pay
to find a new position in your same field of work is a
deductible Job-Hunting Expense, subject to the 2% floor on
Miscellaneous
Itemized Deductions.
Casualty Losses
Casualty and theft losses, including unreimbursed losses from fire, earthquake, and the like are
deductible to the extent that they exceed $100 plus 10% of your adjusted
gross income. Losses are deductible in the year the casualty occurs
or the year you discover the damage:
-
If you suffer a disaster loss in an area
the President designates as a "disaster area" eligible for federal relief,
you can claim your loss for the previous year, either on your original
return (if you haven't yet filed it) or an amended return. The purpose of
this rule is to speed up your relief.
Example: In
2007,
your adjusted gross income was $30,000. A tree falls on your uninsured car
worth $4,000. First, subtract $100 from the loss. Then subtract 10% of
your adjusted gross income, or $3,000. Your deduction is $900.
Use
Form 4684 to figure your deduction, then
carry it to
Schedule A of
Form 1040.
CAT Scan
Deductible Medical Expense subject to the 7.5% floor.
Cell Phone
Cell phone and pager costs are
deductible under these rules:
Certificate of Deposit
Bank CD interest is taxed as
ordinary income the year the bank reports the interest. If you pay a penalty
for early withdrawal of savings, report the penalty as an adjustment to
income on Form 1040. You might think this is a nice tax break. But it's
actually one of the reasons bank CDs are such lousy investments. All of your
interest income is taxable immediately, as you earn it, at ordinary income
rates. There's no chance to profit from lower capital gain rates, and no
opportunity (other than holding your CD in an IRA or retirement account) to
defer tax until you actually need the money.
Charitable Gifts
Charitable gifts let you do well
for yourself while you do well for others. There are several ways to write
off charitable gifts, depending on what you give and what "strings" you keep
attached.
For cash gifts:
-
You can deduct up to 50% of your adjusted
gross income for cash gifts to "501(c)(3) organizations" or public
charities. These generally include churches, symphonies and museums,
schools and colleges, and traditional charities such as the American
Cancer Society and the United Way. If gifts to public charities exceed 50%
of adjusted gross income you can carry forward the excess for 15 years.
-
Gifts you make by check are deductible the
year you present the check, even if it isn?t cashed until the next year.
-
If your donation exceeds $75 and the
organization gives you anything in return, such as dinner or entertainment
at a banquet, the organization has to disclose the value of the benefits
you receive. However, you don't need to reduce your deduction for token
items such as calendars and tote bags or "intangible religious benefits."
-
If you give more than $250, you'll need a
written receipt as well as a cancelled check. The receipt has to be dated
no later than the filing date of your return.
For gifts of property:
-
Gifts of life insurance are valued at the
policy's cash value, plus any ongoing premiums you give to support the
policy. If you contribute annual premiums, make sure to give them to the
charity, for the charity to pay, rather than paying premiums directly to
the company.
-
Gifts of a remainder interest in your home
or other property are valued according to the value of the property and
your life expectancy, calculated with the applicable federal rate. To make
such a gift, just retitle the property in the name of the charity with a
restriction letting you use the property for the rest of your life. You'll
get a charitable deduction now for the value of the future use of the
property.
-
If you donate the use of your vacation
home, there's no deduction for the fair market value of the use. Plus, the
days of charitable use will count as personal use for purposes of
qualifying your vacation home as rental property. Similarly, there's no
deduction for free use of property. You can't write off a gift of office
space, for example, or an interest-free loan. If the value of the gift
exceeds $75, you'll need a written receipt from the recipient. If it
exceeds $500, you'll need to file
Form 8283.
-
You can deduct 14 cents/mile
for charity-related car trips.
Gifts of appreciated property--specifically,
gifts of securities, mutual funds, real estate, and artwork held for more
than a year--are ideal for charitable gifts. These gifts let you deduct the
full fair market value of the gift as well as avoid the tax on capital gains
that you would otherwise pay if you sold the property.
Example: In 1999,
you bought 100 shares of Internet.com for $4,000. The stock is now worth
$10,000. (It's just an example, folks, please don't e-mail me for the name
of a dot.com stock that still shows a profit!) You're in the 28% bracket,
and you'd like to give the stock to your alma mater. You save $2,800 by
giving the stock to the college, plus you avoid $1,200 in capital gains,
for a total tax saving of $4,000.
Here's how to claim these two breaks at once:
-
First, you'll need to figure the value of
property you donate. With securities, fair market value is the average of
the high and low sale prices on the date of the donation. With real estate
and works of art, you'll need an appraisal. The IRS Art Advisory Board
helps the IRS decide whether to accept or contest these valuations.
Appraisal fees are a miscellaneous itemized deduction subject to the 2%
floor.
-
You have to hold the property for at least
a year to deduct the fair market value
If you donate art or other tangible personal
property--books, furniture, and the like--you can deduct only your actual
cost if you've owned it less than one year. If you've owned it for more than
a year, your deduction depends on how the charity plans to use the property.
If the charity plans to use it for "exempt" purposes--such as a college
planning to display donated art for students to study--you can deduct the
fair market value. If the charity plans to sell donated property to raise
cash, you can deduct only your cost.
Example: You own
a painting that you bought ten years ago for $1,000, now worth $10,000,
and an antique desk that you bought two years ago for $1,000, now worth
$2,000. You'd like to give them to good old alma mater. If the college
displays the painting and uses the desk in an office, you can deduct the
full market value for each. If the college sells the desk, you can deduct
only the $1,000 cost.
If your gift is worth more than $500, you'll
need to file Form 8283, "Noncash Charitable Contributions." If it's worth
more than $5,000, you'll need an appraisal. And if you're a really heavy
hitter, giving art worth more than $20,000, you'll need to attach a copy of
the appraisal. The IRS maintains an Art Advisory Board to review gifts of
art. If you're concerned that the IRS might not accept your valuation, you
can request an advance Statement of Value. The fee is $2,500 for up to three
appraisals, plus $250 for each extra appraisal. This will avoid any interest
or penalties in case of dispute.
For more information, see
IRS Publication 526, "Charitable Gifts."
Charitable Gift Annuity
Charitable gift annuities let
you donate property to a charity in exchange for an annuity income from the
charity itself. You get a charitable deduction today, figured the same as if
you had given the money to a charitable trust. You can take an annuity
income now, or wait until later--retirement, perhaps. A charitable gift
annuity avoids the legal hassle of setting up a trust. The main difference
is that you no longer direct the investment of assets you give. Also, you
have to count on the charity, rather than an insurance company or investment
advisor, to make the ongoing annuity payments.
Charitable Trust
Charitable trusts let you donate
property to a charity, but still keep an interest in the income or the
property itself. These are especially valuable if you have low-basis
property that you'd like to sell, but don't want to pay the capital gain
that you would otherwise owe.
A trust, in general, is when one party holds
property for the benefit of another. The person giving the property is a
"grantor." The person holding the property is the "trustee." And the person
or persons getting the benefit of the property are "beneficiaries." With
charitable trusts, you as grantor donate property to yourself or someone
else as trustee, for benefit of yourself, your heirs, or one or more
charitable organizations.
Charitable trusts offer several tax
advantages:
-
The trust can trade investments, to
generate more income or diversify holdings, without tax on
Capital Gains.
-
You remove the value of the donated
property from the value of your estate.
Charitable trusts aren't for
do-it-yourselfers. There's a wide variety of trust types, from "unitrusts"
(those that pay out a fixed percentage of the trust's corpus each year), "annuitrusts"
(those that pay out a fixed amount each year) to "net income makeup
remainder" trusts and even "flip" trusts that flip from one type to another.
And complicated rules for valuing the gift according to prevailing interest
rates mean that your deduction can vary from one month to the next even if
the value of the property you give stays the same. For more information, see
your attorney, accountant, or the charity's development officer.
Chemotherapy
Deductible Medical Expense subject to the 7.5% floor.
Childbirth Classes
Deductible
Medical Expense subject
to the 7.5% floor.
Child Support
Child support
payments you make to your ex-spouse are a nondeductible personal expense.
Payments you receive from your ex-spouse are nontaxable income. To shift the
tax burden on income between spouses following a divorce, use
Alimony.
Child Tax Credit
The child tax credit is a $1,000
credit against your tax for each child, grandchild, stepchild, and foster
child under age 17 who is your dependent. The credit phases out by $50 for
each $1,000 or fraction that adjusted gross income tops $75,000 for single
filers and heads of households, $110,000 for joint filers, and $55,000 for
married couples filing separately. The credit phases out completely for
married filers at $119,001 and single filers at $84,001.
For more
information, see
IRS
Publication 972, "Child Tax Credit."
Chiropractor
Deductible Medical Expense subject to the 7.5% floor.
Christian Science Practitioner
Fees
Deductible
Medical Expense
subject to the 7.5% floor.
Close Captioning
Deductible
Medical Expense subject to the 7.5% floor.
Clothing (See Uniforms and Work
Clothes)
Clarinet Lessons
Deductible
Medical Expense, subject to
the 7.5% floor, if prescribed for teeth defects.
Club Dues (See
Country Club Dues)
Coffee Service
Coffee and refreshments you provide
for employees or clients of your trade or
business are a deductible
Business Expense on
Schedule C,
Form 1065, or
your corporate return.
Collectibles
Collectibles include a variety
of investments whose values are based on quality or scarcity. These range
from the finest art and antiques, auctioned at Christie's and Sotheby's, all
the way down to bean-bag stuffed animals, given away by the truckload to
sell children's hamburgers.
Collectibles have a unique tax twist: capital
gains are still taxed at pre-1997 rates. Long-term gains are taxed at 15%
for investors in the 15% bracket and capped at 28% for taxpayers in higher
brackets. That means there's no tax relief for the vast majority of
investors in the 15% and 28% brackets.
Investing in collectibles isn't for amateurs.
There's little liquidity, and transaction costs are high. You need to be an
expert--or be advised by one--to profit from most collectibles. (For example,
the NFL has announced that Super Bowl XXXV game balls will be encoded with
artificial DNA to foil counterfeiters, and the FBI estimates that as much as
80% of sports memorabilia is fake.) But if you know your stuff, the psychic
rewards can match the money.
College IRA (See
Education IRA)
College Savings Plan
(See
Section 529 Plan)
Commissions
Commissions you pay to buy real
estate, investments, or property for your business aren't deductible when
you pay them. Instead, include them in the
Basis of the property for figuring
Depreciation and
Capital Gain or loss when you sell.
Commissions you earn as a salesperson are
taxable as ordinary income. If you're paid as an independent contractor,
report them as income on Schedule C, Form 1065, or Form 1120. If you're paid
as an employee, your employer will report the taxable amount on Form W-2.
Commuting
Commuting costs for trips
between your home and your job are generally
a nondeductible personal expense. However, if you travel to more than one
location in a day, your actual "commute" is limited to travel from home to
your first location of the day, and from your last location home. If you
have a home office or sideline business, your "commute" may be the trip from
the kitchen to the office. Any further travel is a deductible
Business
Expense. Also, if you travel more than 50 miles each day from your home
to a temporary job location (less than one year), you can deduct the cost as
an Employee Business Expense subject to the 2% floor on miscellaneous
itemized deductions. Deduct actual expenses or 50.5 cents per mile (2008),
whichever gives you the greater deduction.
Commodities
Commodities are
agricultural and natural resources--the raw ingredients of finished products
and the fuels that drive our economy. There are five main categories of
commodities: energy, agriculture, livestock, industrial metals, and precious
metals. Commodities are a distinct equity asset subclass. Since they don't
move in lockstep with stock markets, you can use them to diversify their
holdings. During the high-inflation 1970s, commodities shined. During the disinflationary early 1980s, they lagged. And during the low inflation years
since 1986, commodities have paralleled other markets. Commodity prices are
also influenced by fundamental factors of supply and demand. As world
economies heat up and former third-world nations modernize, many experts
expect commodity prices to rise.
There are several ways to buy commodities,
depending on how much leverage you want to magnify your gains:
-
You can buy commodity options and futures
directly, like Dan Aykroyd and Eddie Murphy in the movie Trading Places.
These are highly leveraged, high-risk investments that require special
expertise and attention.
-
You can give your money to a
commodity-trading advisor, who functions much like a mutual fund manager.
These funds are generally organized as limited partnerships, with little
liquidity and often high suitability requirements. Most of these are also
highly leveraged.
-
Many brokers offer "principal protection"
programs. These are a sub-class of commodity trading funds that invest a
majority of your investments in low-risk Treasuries to guarantee return of
your original investment, then use the rest to speculate on commodities.
-
Finally, you can buy
commodity-based mutual funds. Several
fund families offer domestic and global natural resources funds that
invest in the commodity producers. These aren't pure commodity plays, but
equity investments that rise and fall with commodities prices. General
stock market moves will affect these funds as well as commodity price
movements. You'll also feel the effects of industry developments like the
recent Exxon/Mobil merger.
Gold Gold is the most popular commodity because of
its reputation as an inflation hedge. Other investors like it as life
insurance for their stock and bond portfolios. Since gold is so popular,
there are several different ways to buy it. All of them carry different tax
twists:
-
You can buy gold coins or certificates.
These don't produce current income, so they're extremely tax-efficient.
You pay tax at short- or long-term capital gain rates when you sell.
-
You can buy gold mining stocks and mutual
funds. These are taxed like any other stocks or funds. But their prices
generally magnify moves in actual gold prices, leveraging your investment.
-
Finally, you can buy options and futures.
These give you the greatest leverage in exchange for the least tax
efficiency. If you're buying gold as a long-term inflation hedge, buy
coins, bars, or funds. If you're looking to leverage short-term price
moves, consider gold options or futures.
Computer
Computers and peripherals, such
as printers and scanners, are deductible if you use your computer for
deductible purposes:
There are several ways you can write off your
computer, depending on how much time you use it for deductible purposes:
-
If you use your computer more than 50% for
business, you can choose
First-Year Expensing or
Depreciation.
First-year expensing limits are high enough that you should be able to
deduct the full purchase price the year you buy the system--and this is
also the simplest way to write off your system. However, if first-year
expensing isn't available, you can depreciate it according to the Modified
Accelerated Cost Recovery System (MACRS) "200% double declining rate." (If
you're subject to the
Alternative Minimum Tax, your depreciation is limited to the MACRS "150%
double declining rate" even if your deductible use is more than 50%.) If
business use falls below 50% in a later year, you'll have to "recapture"
and report as income any MACRS and first-year expensing that exceeds what
you would otherwise have been able to deduct with straight-line
depreciation. For more information, including full depreciation schedules,
see
IRS Publication 534.
Example: You
spend $2,500 for your computer system. You use it 60% to manage a sideline
business, 20% to manage your investments, and 20% to watch online videos. Since
business use tops 50%, you can claim first-year expensing of $2,000 (80%
of the full $2,500 price). This lets you deduct the highest possible
amount that year. You could also claim depreciation of $400 (20% of the
$2,500 purchase price, multiplied by the 80% deductible use).
-
If you use your computer less than 50% for
a deductible purpose, you can depreciate the portion of the price equal to
the percentage you use it for a deductible purpose using straight-line
depreciation. Generally, this will mean depreciating 10% in Year One, 20%
in each of Years Two through Five, and 10% in Year Six.
Example: You buy
the same system for $2,500. You use it 40% to manage your portfolio and
60% for games. Now you can deduct just $100 (10% of the purchase price,
multiplied by the 40% deductible use). If you continue to use it 40% to
manage investments (or for any other deductible purpose), next year you
can write off $200 (20% of the purchase price, multiplied by the 40%
deductible use).
If you lease your system, you can deduct
whatever percentage of your lease payment equals your deductible use of the
computer. However, if your business use is less than 50%, you'll have to
report income based on the value of the machine according to tables
published in
IRS Publication 946, "How to Depreciate Property."
Computer software is also deductible
according to similar rules depending on the purpose of the software:
Use
Form 4562
to claim Depreciation and
First-Year Expensing deductions. Then carry the
amount to
Schedule C,
Form 1065, or
your corporate return.
Consent Money
(See High Yield Bond)
Conservation Easement
A conservation easement is a
gift of a partial interest in real estate for the benefit of a qualified
conservation organization. This lets you take a deduction for the value of
the gift without giving away your entire property.
-
You can donate your entire interest in the
property other than mineral right, a remainder interest, or a restriction
granted in perpetuity on the use of the property.
-
Your donation has to be for "conservation
purposes." This includes preservation of land for outdoor recreation or
education, protection of a natural habitat, preservation of open land for
scenic enjoyment, or preservation of a historically important or certified
historic structure.
-
The deduction is limited to gifts to
governments or publicly-supported charities.
-
The value of the gift is equal to its fair
market value. This will require an appraisal to determine the value of the
property before and after the gift. For example, you might donate
development rights to a farm near an urban center, preserving it as open
space. You might also donate the facade to a historic townhouse.
Constitutional Trusts
(See Trusts)
Construction Interest
Construction interest you pay to
build your primary residence is deductible for up to 24 months following the
date you begin construction. Construction interest you pay to build or
develop commercial or investment property is deductible for an indefinite
period on Schedule C, Schedule E, Form 1165, or Form 1120.
Contact Lenses
Deductible
Medical Expense subject to the
7.5% floor.
Continuing Education
Continuing education courses you
take to maintain professional and occupational licenses are deductible as follows:
Contraceptives
Deductible
Medical Expense subject to
the 7.5% floor (Prescription contraceptives only.)
Convention
Convention costs may be
deductible if you travel for a deductible purpose:
Deductible costs include
transportation, lodging, and 50% of
Meals and Entertainment, as well as
specific convention registration fees and costs.
Conventions outside North
America and the Caribbean are deductible only if you can show that they're
directly related to your trade or business and it's as reasonable to hold
the convention abroad as it is to hold it here.
Finally, you can deduct up to
$2,000 per year for cruise ship conventions on U.S.-registered ships if all
ports of call are in the U.S. and U.S. possessions. Keep a log of convention
sessions and business appointments you attend, as well as convention
programs and materials.
Conventions you attend on behalf of volunteer
organizations, such as a Boy Scout jamboree, are deductible as
Volunteer
Expenses.
Convertible Bonds
Convertible bonds are corporate
bonds that let you convert the bond into the issuer's stock at a
predetermined price, called the "conversion price." Convertible bond
interest is taxed according to the same rules as with any other bond.
If you exercise your option to
convert the bond into stock, there's no tax due on the gain until you sell
the stock. Your Basis in the
stock is the same as in the original bond, and your holding period starts
with the date you buy the bond.
Convertibles may be appropriate
if you want to profit from stock moves but keep an interest-paying safety
cushion.
Cosmetic Surgery
Cosmetic surgery is generally not deductible except for disfigurement related to a congenital
abnormality, disfiguring disease, or accidental injury. However, a stripper
once won a case in Tax Court arguing her breast implants were a deductible
Business Expense.
Cost Segregation
Depreciation
cuts taxable income from business and investment real estate by letting
you deduct your investment in everything but raw land over a period of
time intended to reflect its useful life. Residential real estate
depreciates over 27.5 years; nonresidential real estate depreciates over
39 years. That sounds like a great deal--if you spend $550,000 on an
apartment building, you can deduct $20,000 per year with no out-of-pocket
expense. (Of course, there's no deduction for principal payments you make
to finance the property!)
But every property includes components that depreciate
faster than 27.5 or 39 years. Land improvements, such as driveways and
parking lots, sidewalks and curbs, landscaping, and piping from the
street, depreciate over 15 years. And personal property, which includes
carpeting, molding, cabinets, countertops, and appliances, depreciate over
just five years.
So, unless your losses are limited by
Passive Activity rules,
it pays to maximize depreciation by allocating as much as possible to the
fastest-depreciating pieces. This process is called "cost segregation,"
and it's one of the Tax Code's best-kept secrets. Here's how it works.
-
Divide basis between “land” and “improvements.” Assign as
much as possible to improvements. The IRS suggests you use local property
tax assessments. But you can use your own appraisal or your insurer’s
estimate of replacement costs so long as you show a “reasonable basis” for
your allocation.
-
Divide land between “raw land” and “land improvements.”
Assign as much as possible to land improvements, which generally
depreciate over 15 years.
-
Divide improvements between “structure” and “personal
property” such as appliances, cabinets and countertops, and carpeting.
Assign as much as possible to personal property, which generally
depreciates over 5 years.
-
Allocate your basis in “structure” to components such as
roofs, windows, plumbing, and the like. These depreciate over 27.5
(residential) or 39 (nonresidential) years. This lets you deduct any
remaining Basis in these
components as Abandoned
Property the year you replace them, rather than continuing to
Depreciate it over your
remaining ownership.

If you’ve missed depreciation deductions, you can use
Form
3115 to “catch up” and claim them retroactively as far back as
1987. File the form with the IRS national office within the first 180 days
of the year for which you claim the election, then attach a copy to that
year’s return. Many firms offer “cost segregation studies” to recover
these lost deductions, and the IRS has issued an
Audit
Techniques Guide examining the process
For more information, see
IRS
Publication 527, "Residential Rental Property," and
IRS
Publication 946, "How to Depreciate Property."
Country Club Dues
Country club dues, lunch club
dues, and other private club dues are a nondeductible personal expense.
However, you can still deduct meals and entertainment expenses, greens fees,
and similar expenses you pay to the club so long as they relate to a
deductible activity (trade or business, investments, etc.).
Covered Calls (See
Stock Options)
CPA Fees
(See Accounting Fees and
Tax Preparation Fees)
Credit Card
Credit card interest and account fees are
ordinarily nondeductible personal expenses. However, credit card interest
you pay on deductible items may be deductible as well:
Ordinarily, you can't deduct expenses until
you actually pay them. However, if you charge expenses to a third-party
credit card, such as VISA, MasterCard, American Express, or Discover (as
opposed to a store card for purchases made at that store), you can deduct
the expense the year you incur the charge. This is because you actually
incur the obligation to pay when you make the charge. This strategy is
useful for accelerating deductions to capture tax savings now, as well as
bunching deductions for maximum value.
Cross-Tested Pension Plan
(See Qualified Plan)
Crutches
Deductible Medical Expense subject to the 7.5% floor.
|