comprehensive volume c10-1 chapter 10 deductions and losses: certain itemized deductions deductions...

C10-C10-11Comprehensive VolumeComprehensive Volume

Chapter 10Chapter 10

Deductions and Losses:Certain Itemized Deductions

Deductions and Losses:Certain Itemized Deductions

Copyright ©2010 Cengage Learning

Comprehensive Volume


Itemized Deductions(slide 1 of 2)


• Personal expenditures that are deductible from AGI as itemized deductions include: – Medical expenses– Taxes– Interest– Charitable Contributions– Miscellaneous itemized deductions

• Personal expenditures that are deductible from AGI as itemized deductions include: – Medical expenses– Taxes– Interest– Charitable Contributions– Miscellaneous itemized deductions




• Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer

• Itemized deductions provide a tax benefit only to extent that, in total, they exceed the standard deduction amount for the taxpayer


Medical Expenses (slide 1 of 6)


• Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI

• Medical expenses are deductible to the extent unreimbursed medical expenses, in total, exceed 7.5% of AGI




• Example of medical expense deduction limitation:– Amy has AGI of $10,000 and medical expenses

of $1,000– Amy’s medical expense deduction = $250

[$1,000 – ($10,000 × 7.5%)]

• Example of medical expense deduction limitation:– Amy has AGI of $10,000 and medical expenses

of $1,000– Amy’s medical expense deduction = $250

[$1,000 – ($10,000 × 7.5%)]




• Example of medical expense deduction limitation:– Bob has AGI of $4,000 and medical expenses

of $1,000– Bob’s medical expense deduction = $700

[$1,000 – ($4,000 × 7.5%)]

• Example of medical expense deduction limitation:– Bob has AGI of $4,000 and medical expenses

of $1,000– Bob’s medical expense deduction = $700

[$1,000 – ($4,000 × 7.5%)]




• Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents– Includes prescription drugs and insulin

• Expenditures for the diagnosis, cure, mitigation, treatment, prevention of disease, or for purpose of affecting any structure or function of the body of the taxpayer, spouse, or dependents– Includes prescription drugs and insulin




• Does not include the cost of items such as :– Unnecessary cosmetic surgery– General health items– Nonprescription drugs

• Does not include the cost of items such as :– Unnecessary cosmetic surgery– General health items– Nonprescription drugs




• Medical expenditures are deductible in year paid – Includes payment by check or credit card

• Medical expenditures are deductible in year paid – Includes payment by check or credit card


Nursing Home ExpendituresNursing Home Expenditures

• If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify

• If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)

• If primary reason for being in nursing home is medical, costs (including meals and lodging) qualify

• If primary purpose of placement in home is personal, only specific medical costs qualify (no meals or lodging)


Special School ExpendituresSpecial School Expenditures

• Medical expense deduction may include the expenses of a special school for a mentally or physically handicapped individual– Deduction is allowed if a principal reason for sending

the individual to the school is the school’s special resources for alleviating the infirmities

– In this case, the cost of meals and lodging, in addition to the tuition, is a proper medical expense deduction

• Medical expense deduction may include the expenses of a special school for a mentally or physically handicapped individual– Deduction is allowed if a principal reason for sending

the individual to the school is the school’s special resources for alleviating the infirmities

– In this case, the cost of meals and lodging, in addition to the tuition, is a proper medical expense deduction


Capital Medical ExpendituresCapital Medical Expenditures

• May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc.

• Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable

• Full amount of cost is medical expense in year paid

• Maintenance on capital expenditures also medical expense

• May include a pool, air conditioners if they do not become permanent improvements, dust elimination systems, elevators, etc.

• Must be medical necessity, advised by a physician, used primarily by patient, and expense is reasonable

• Full amount of cost is medical expense in year paid

• Maintenance on capital expenditures also medical expense


Capital Improvement to HomeCapital Improvement to Home

• Deductible medical expense only to extent cost exceeds increase in value of home– Appraisal costs related to capital improvements

are also deductible, but not as medical expenses

• Exception: removal of structural barriers to home of handicapped are deemed to add no value to home– Thus, full amount is a medical expense

• Deductible medical expense only to extent cost exceeds increase in value of home– Appraisal costs related to capital improvements

are also deductible, but not as medical expenses

• Exception: removal of structural barriers to home of handicapped are deemed to add no value to home– Thus, full amount is a medical expense


Medical Care of Spouse and Dependents

Medical Care of Spouse and Dependents

• Taxpayer may deduct cost of medical care for spouse and dependents– Dependents need not meet gross income or

joint return tests– Medical expenses of children of divorced

parents can be deducted by non-custodial parent even though child is dependent of custodial parent

• Taxpayer may deduct cost of medical care for spouse and dependents– Dependents need not meet gross income or

joint return tests– Medical expenses of children of divorced

parents can be deducted by non-custodial parent even though child is dependent of custodial parent


Medical Transportation and Lodging

Medical Transportation and Lodging

• Transportation costs to and from medical care are deductible– Mileage allowance of 24 cents per mile (in 2009) may

be used instead of actual out-of-pocket automobile expenses

• Lodging while away from home for medical care– Allowable amount is $50 per person per night

• If parent and/or aide needs to accompany patient, their expenses are also deductible

• Transportation costs to and from medical care are deductible– Mileage allowance of 24 cents per mile (in 2009) may

be used instead of actual out-of-pocket automobile expenses

• Lodging while away from home for medical care– Allowable amount is $50 per person per night

• If parent and/or aide needs to accompany patient, their expenses are also deductible


Medical Insurance PremiumsMedical Insurance Premiums

• Premiums paid for medical care insurance are deductible medical expenses

• For self-employed, 100% of insurance premiums are deductible for AGI– Not allowed if taxpayer is eligible to participate in a

subsidized health plan maintained by any employer of the taxpayer or the taxpayer’s spouse

• Premiums paid for qualified long-term care insurance are deductible medical expenses– Subject to limitations based on age of the insured

• Premiums paid for medical care insurance are deductible medical expenses

• For self-employed, 100% of insurance premiums are deductible for AGI– Not allowed if taxpayer is eligible to participate in a

subsidized health plan maintained by any employer of the taxpayer or the taxpayer’s spouse

• Premiums paid for qualified long-term care insurance are deductible medical expenses– Subject to limitations based on age of the insured


Reimbursement by Medical Insurance

Reimbursement by Medical Insurance

• If reimbursed in same year as expense paid:– Reimbursement offsets medical expense – Amount deductible is excess of expenses over

reimbursement• If reimbursed in the year after medical expenses

were paid:– Reimbursement is income only to extent medical

deduction was taken by taxpayer (tax benefit rule)– If standard deduction was taken in year expenses were

paid, none of the reimbursement is included in income

• If reimbursed in same year as expense paid:– Reimbursement offsets medical expense – Amount deductible is excess of expenses over

reimbursement• If reimbursed in the year after medical expenses

were paid:– Reimbursement is income only to extent medical

deduction was taken by taxpayer (tax benefit rule)– If standard deduction was taken in year expenses were

paid, none of the reimbursement is included in income


Example of Medical Reimbursements (slide 1 of 2)


• In 2009, taxpayer paid medical expenses = $1,200; In 2009, reimbursed $800 by insurance company– For 2009, deductible medical expense is

$400 – (7.5% × AGI)

• In 2009, taxpayer paid medical expenses = $1,200; In 2009, reimbursed $800 by insurance company– For 2009, deductible medical expense is

$400 – (7.5% × AGI)




• In 2009, taxpayer paid medical expenses of $1,200; In 2010, reimbursed $800 by insurance company– For 2009, deductible medical expense is

$1,200 – (7.5% × AGI)– For 2010, reimbursement is income to extent

taxpayer received a tax benefit from medical expense deduction in 2009

• In 2009, taxpayer paid medical expenses of $1,200; In 2010, reimbursed $800 by insurance company– For 2009, deductible medical expense is

$1,200 – (7.5% × AGI)– For 2010, reimbursement is income to extent

taxpayer received a tax benefit from medical expense deduction in 2009


Health Savings AccountsHealth Savings Accounts

• Used in conjunction with a high deductible medical insurance policy– Employee contributions to HSA are deductible for AGI

and earnings on funds in account are not taxable – Deductible contributions are limited to the sum of the

monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of:

• The annual deductible under a high deductible plan or • $3,000 for self-only ($5,950 for family coverage) in 2009

– Withdrawals from HSA are excludible to the extent used for qualified medical expenses

• Used in conjunction with a high deductible medical insurance policy– Employee contributions to HSA are deductible for AGI

and earnings on funds in account are not taxable – Deductible contributions are limited to the sum of the

monthly limitations. The monthly deductible amount is limited to the lesser of one twelfth of:

• The annual deductible under a high deductible plan or • $3,000 for self-only ($5,950 for family coverage) in 2009

– Withdrawals from HSA are excludible to the extent used for qualified medical expenses


Taxes (slide 1 of 4)


• State, local, and foreign income and real property taxes are deductible in the year paid– Real property taxes do not include taxes assessed for

local benefits • e.g., Special assessments for streets, sidewalks, curbing, and

other similar improvements

• State and local personal property taxes based on value (ad valorem) are deductible in the year paid

• State, local, and foreign income and real property taxes are deductible in the year paid– Real property taxes do not include taxes assessed for

local benefits • e.g., Special assessments for streets, sidewalks, curbing, and

other similar improvements

• State and local personal property taxes based on value (ad valorem) are deductible in the year paid




• Other taxes such as FICA, excise, etc., are not deductible– May be deductible if incurred in business or

production of income activity

• Fees are not deductible as tax

• Other taxes such as FICA, excise, etc., are not deductible– May be deductible if incurred in business or

production of income activity

• Fees are not deductible as tax




• A new provision allows homeowners to deduct their real estate taxes even if they do not itemize– Applies to 2008 and 2009 income tax returns– Property tax paid is treated as an additional standard

deduction amount• Limited to $1,000 for married couples filing jointly and $500

for other filers

• Real estate taxes for year property is sold must be apportioned between the buyer and the seller– Failure to correctly apportion requires offsetting

adjustments to seller’s amount realized and buyer’s adjusted basis

• A new provision allows homeowners to deduct their real estate taxes even if they do not itemize– Applies to 2008 and 2009 income tax returns– Property tax paid is treated as an additional standard

deduction amount• Limited to $1,000 for married couples filing jointly and $500

for other filers

• Real estate taxes for year property is sold must be apportioned between the buyer and the seller– Failure to correctly apportion requires offsetting

adjustments to seller’s amount realized and buyer’s adjusted basis




• Can elect to deduct either state & local income taxes or sales/use taxes– For state and local income taxes, deduct amounts paid during year:

• Amounts withheld• Estimated tax payments• Amounts paid in current year for prior year’s liability

– For sales/use taxes, deduct either:• Actual sales/use tax payments or • Amount from an IRS table

– Table amount may be increased by sales tax paid on certain specific items (e.g., Purchase of motor vehicles, boats, etc.)

• If deduction is taken for sales/use taxes paid rather than state income taxes, the new standard deduction for qualified motor vehicle taxes allowed under ARRTA of 2009 may not also be taken

• Can elect to deduct either state & local income taxes or sales/use taxes– For state and local income taxes, deduct amounts paid during year:

• Amounts withheld• Estimated tax payments• Amounts paid in current year for prior year’s liability

– For sales/use taxes, deduct either:• Actual sales/use tax payments or • Amount from an IRS table

– Table amount may be increased by sales tax paid on certain specific items (e.g., Purchase of motor vehicles, boats, etc.)

• If deduction is taken for sales/use taxes paid rather than state income taxes, the new standard deduction for qualified motor vehicle taxes allowed under ARRTA of 2009 may not also be taken


Interest ExpenseInterest Expense

• Deduction of interest expense is limited to:– Interest on qualified student loans– Investment interest – Qualified residence (home mortgage) interest– Business interest

• Personal interest expense is not deductible

• Deduction of interest expense is limited to:– Interest on qualified student loans– Investment interest – Qualified residence (home mortgage) interest– Business interest

• Personal interest expense is not deductible


Interest on Qualified Student Loans

Interest on Qualified Student Loans

• Deductible for AGI, subject to limits– Maximum deduction is $2,500 per year – Deduction is phased out for taxpayers with

modified AGI (MAGI) between $60,000 and $75,000 ($120,000 and $150,000 on joint returns)

– Not allowed for those claimed as a dependent or for married filing separate returns

• Deductible for AGI, subject to limits– Maximum deduction is $2,500 per year – Deduction is phased out for taxpayers with

modified AGI (MAGI) between $60,000 and $75,000 ($120,000 and $150,000 on joint returns)

– Not allowed for those claimed as a dependent or for married filing separate returns


Investment Interest Investment Interest

• Investment interest on loans whose proceeds are used to purchase investment property may be deductible– e.g., Investment property may include stock, bonds, and

land held for investment• Deduction of investment interest expense is

limited to net investment income

• Investment interest on loans whose proceeds are used to purchase investment property may be deductible– e.g., Investment property may include stock, bonds, and

land held for investment• Deduction of investment interest expense is

limited to net investment income


Qualified Residence Interest (slide 1 of 4)


• Interest on indebtedness secured by the principal residence and one other residence (qualified residences)

• Interest must be on acquisition indebtedness or home equity loans

• Interest on indebtedness secured by the principal residence and one other residence (qualified residences)

• Interest must be on acquisition indebtedness or home equity loans




• Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences– Interest paid on aggregate acquisition

indebtedness of $1 million or less ($500,000 for married, filing separately) is deductible as qualified residence interest

• Acquisition indebtedness: amounts incurred to acquire, construct, or substantially improve the qualified residences– Interest paid on aggregate acquisition

indebtedness of $1 million or less ($500,000 for married, filing separately) is deductible as qualified residence interest




• Home equity indebtedness: loans secured by qualified residences

• Interest is deductible only on portion of home equity loan that does not exceed the lesser of:– $100,000 ($50,000 for married, filing separate),

or– FMV of home – acquisition indebtedness

• Home equity indebtedness: loans secured by qualified residences

• Interest is deductible only on portion of home equity loan that does not exceed the lesser of:– $100,000 ($50,000 for married, filing separate),

or– FMV of home – acquisition indebtedness




• Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million

• Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest

• Thus, maximum loans on qualified residences that will produce qualified residence interest is $1.1 million

• Interest on mortgage debt exceeding $1.1 million or on mortgage debt relating to nonqualified residence (e.g., second vacation home) is nondeductible personal interest


Interest Paid For Services (slide 1 of 2)


• “Points” paid for the use or forbearance of money qualify as deductible interest– Cannot be a service charge if they are to qualify

as deductible interest

• Points generally must be capitalized and amortized over the life of loan

• “Points” paid for the use or forbearance of money qualify as deductible interest– Cannot be a service charge if they are to qualify

as deductible interest

• Points generally must be capitalized and amortized over the life of loan




• Exception: Points paid in the acquisition or improvement of principal residence– Entire amount of such points are deductible in

the year paid– Points paid to refinance an existing home

mortgage must be capitalized and amortized over the life of the new loan

• Exception: Points paid in the acquisition or improvement of principal residence– Entire amount of such points are deductible in

the year paid– Points paid to refinance an existing home

mortgage must be capitalized and amortized over the life of the new loan


Mortgage Insurance PaymentsMortgage Insurance Payments

• Mortgage insurance premiums are deductible as interest if they relate to a qualified residence of the taxpayer– The deduction begins to phase out for taxpayers

with AGI in excess of $100,000 ($50,000 for married taxpayers filing separately)

• Mortgage insurance premiums are deductible as interest if they relate to a qualified residence of the taxpayer– The deduction begins to phase out for taxpayers

with AGI in excess of $100,000 ($50,000 for married taxpayers filing separately)


Classification of Interest ExpenseClassification of Interest Expense

• Whether interest is deductible for AGI or as an itemized deduction (from AGI) depends on purpose of indebtedness – If related to a business or the production of rent or

royalty income• Interest is deductible for AGI

– If incurred for personal use, such as qualified residence interest

• Deduction is reported on Schedule A, Form 1040 if taxpayer itemizes

• However, interest on a student loan is a deduction for AGI– If the taxpayer incurs debt in relation to his or her

employment• Interest is considered to be personal, or consumer, interest

• Whether interest is deductible for AGI or as an itemized deduction (from AGI) depends on purpose of indebtedness – If related to a business or the production of rent or

royalty income• Interest is deductible for AGI

– If incurred for personal use, such as qualified residence interest

• Deduction is reported on Schedule A, Form 1040 if taxpayer itemizes

• However, interest on a student loan is a deduction for AGI– If the taxpayer incurs debt in relation to his or her

employment• Interest is considered to be personal, or consumer, interest


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

• 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




• Exception to tangible benefit rule– Allows deduction of 80% of amount paid for

the right to purchase athletic tickets from colleges and universities

• Exception to tangible benefit rule– Allows deduction of 80% of amount paid for

the right to purchase athletic tickets from colleges and universities


Contribution of ServicesContribution of Services

• No deduction is allowed for the contribution of services– Unreimbursed expenses related to the services are

deductible

– Out-of-pocket transportation costs or a standard mileage rate of 14 cents per mile are deductible

– Deductions are also permitted for transportation, reasonable expenses for lodging, and the cost of meals while away from home incurred in performing the donated services

• No deduction is allowed for the contribution of services– Unreimbursed expenses related to the services are

deductible

– Out-of-pocket transportation costs or a standard mileage rate of 14 cents per mile are deductible

– Deductions are also permitted for transportation, reasonable expenses for lodging, and the cost of meals while away from home incurred in performing the donated services


Nondeductible ItemsNondeductible Items

• The following items may not be deducted as charitable contributions:– Dues, fees, or bills paid to country clubs, lodges,

fraternal orders, or similar groups– Cost of raffle, bingo, or lottery tickets– Cost of tuition– Value of blood given to a blood bank– Donations to homeowners associations– Gifts to individuals– Rental value of property used by a qualified charity

• The following items may not be deducted as charitable contributions:– Dues, fees, or bills paid to country clubs, lodges,

fraternal orders, or similar groups– Cost of raffle, bingo, or lottery tickets– Cost of tuition– Value of blood given to a blood bank– Donations to homeowners associations– Gifts to individuals– Rental value of property used by a qualified charity


Qualified OrganizationsQualified Organizations

• To be deductible, contributions must be to a 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

• To be deductible, contributions must be to a 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


Record-Keeping RequirementsRecord-Keeping Requirements

• No deduction is allowed for charitable contributions unless the taxpayer has appropriate documentation and substantiation– The specific type of documentation required depends on

the amount of the contribution and whether the contribution is made in cash or noncash property

– Special rules may apply to gifts of certain types of property (e.g., used automobiles) where Congress has noted taxpayer abuse in the past

• No deduction is allowed for charitable contributions unless the taxpayer has appropriate documentation and substantiation– The specific type of documentation required depends on

the amount of the contribution and whether the contribution is made in cash or noncash property

– Special rules may apply to gifts of certain types of property (e.g., used automobiles) where Congress has noted taxpayer abuse in the past


Ordinary Income PropertyOrdinary 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

• 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


Capital Gain PropertyCapital Gain Property

• Defined: assets that would produce long-term capital gain or Section 1231 gain if sold

• Contribution amount– Generally FMV of asset

• Defined: assets that would produce long-term capital gain or Section 1231 gain if sold

• Contribution amount– Generally FMV of asset


Exceptions to FMV Deduction of Capital Gain Property (slide 1 of 3)


• Private nonoperating foundations– Deduction for contributions to private

nonoperating foundations must be reduced by the amount of capital gain potential

– Thus, the contribution deduction is limited to the adjusted basis

• Private nonoperating foundations– Deduction for contributions to private

nonoperating foundations must be reduced by the amount of capital gain potential

– Thus, the contribution deduction is limited to the adjusted basis




• For contributions of tangible personalty– The charitable deduction may limited to the

adjusted basis if the asset contributed is not used in charity’s exempt function

– This reduction generally does not apply if• The property is, in fact, not put to an unrelated use, or • At the time of the contribution, it was reasonable to

anticipate that the property would not be put to an unrelated use by the donee

• For contributions of tangible personalty– The charitable deduction may limited to the

adjusted basis if the asset contributed is not used in charity’s exempt function

– This reduction generally does not apply if• The property is, in fact, not put to an unrelated use, or • At the time of the contribution, it was reasonable to

anticipate that the property would not be put to an unrelated use by the donee




• For contributions of certain types of intellectual property– Contribution deduction is limited to the lesser of

the taxpayer’s basis in the property or the property’s fair market value

– Includes patents, certain copyrights, trademarks, trade names, trade secrets, know-how, and some software

• For contributions of certain types of intellectual property– Contribution deduction is limited to the lesser of

the taxpayer’s basis in the property or the property’s fair market value

– Includes patents, certain copyrights, trademarks, trade names, trade secrets, know-how, and some software


Example of Contributions of Tangible Personalty

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

• 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


Charitable ContributionLimitations (slide 1 of 4)


• 50% limit– In no case can the charitable contribution

deduction for a year exceed 50% of the taxpayer’s AGI

– Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)

• 50% limit– In no case can the charitable contribution

deduction for a year exceed 50% of the taxpayer’s AGI

– Contributions of cash, ordinary income property, and certain capital gain property (where the contribution amount is adjusted basis) are subject to the 50% limit (50% assets)




• 30% limit– Charitable contribution deduction for certain

assets cannot exceed 30% of the taxpayer’s AGI• Applies to 30% assets which are:

– Capital gain property for which the contribution amount is FMV

– Certain contributions to private nonoperating foundations

• 30% limit– Charitable contribution deduction for certain

assets cannot exceed 30% of the taxpayer’s AGI• Applies to 30% assets which are:

– Capital gain property for which the contribution amount is FMV

– Certain contributions to private nonoperating foundations




• 30% limit– Taxpayer can elect to treat capital gain property

as 50% assets by limiting the amount of such contributions to their adjusted bases

– Referred to as the reduced deduction election• Enables the taxpayer to move from the 30%

limitation to the 50% limitation

• 30% limit– Taxpayer can elect to treat capital gain property

as 50% assets by limiting the amount of such contributions to their adjusted bases

– Referred to as the reduced deduction election• Enables the taxpayer to move from the 30%

limitation to the 50% limitation




• 20% limit– Certain contributions of capital gain property to

private nonoperating foundations

• 20% limit– Certain contributions of capital gain property to

private nonoperating foundations


Charitable Contributions Carryover

Charitable Contributions Carryover

• Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years– Contributions carried forward retain their classification

• e.g., If the contribution originally involved 30% property, the carryover will continue to be classified as 30% property in the carryover year

– When using carryovers, current contributions are used first, then carryovers used on a FIFO basis

• Contributions that cannot be taken in current year due to limitations may be carried forward for 5 years– Contributions carried forward retain their classification

• e.g., If the contribution originally involved 30% property, the carryover will continue to be classified as 30% property in the carryover year

– When using carryovers, current contributions are used first, then carryovers used on a FIFO basis


Example of Charitable Contribution AGI LimitsExample of Charitable

Contribution AGI Limits

• Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University

• 50% limit = $50,000 30% limit = $30,000– Amount of deduction = $50,000 (40,000 cash + 10,000

stock)

– Contribution carryforward = $25,000 stock (as 30% asset)

• Taxpayer, AGI $100,000, contributed $40,000 cash and long-term stocks with a FMV of $35,000 and a basis of $8,000 to a University

• 50% limit = $50,000 30% limit = $30,000– Amount of deduction = $50,000 (40,000 cash + 10,000

stock)

– Contribution carryforward = $25,000 stock (as 30% asset)


Miscellaneous Itemized Deductions

Miscellaneous Itemized Deductions

• Some expenditures are deductible only to the extent they exceed 2% of AGI

• Examples include:– Professional dues– Uniforms– Tax return prep fees– Job-hunting costs– Certain investment expenses– Hobby losses– Unreimbursed employee expenses

• Some expenditures are deductible only to the extent they exceed 2% of AGI

• Examples include:– Professional dues– Uniforms– Tax return prep fees– Job-hunting costs– Certain investment expenses– Hobby losses– Unreimbursed employee expenses


Misc. Itemized Deductions Not Subject to 2% of AGI Floor

Misc. Itemized Deductions Not Subject to 2% of AGI Floor

• Examples include:– Gambling losses to the extent of gambling winnings

– Impairment-related work expenses of a handicapped person

– Deduction for repayment of amounts under a claim of right if more than $3,000

– Unrecovered investment in an annuity contract when annuity ceases by reason of death

• Examples include:– Gambling losses to the extent of gambling winnings

– Impairment-related work expenses of a handicapped person

– Deduction for repayment of amounts under a claim of right if more than $3,000

– Unrecovered investment in an annuity contract when annuity ceases by reason of death


Overall Limitation on Itemized Deductions (slide 1 of 3)


• Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions– Threshold amount in 2009 is $166,800

($83,400 if married, filing separately)

• Taxpayers with AGI in excess of the specified threshold will lose part of their benefits from certain itemized deductions– Threshold amount in 2009 is $166,800

($83,400 if married, filing separately)




• Itemized deductions subject to possible reduction include:– Taxes, home mortgage interest, charitable

contributions, and miscellaneous deductions

• Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction

• Itemized deductions subject to possible reduction include:– Taxes, home mortgage interest, charitable

contributions, and miscellaneous deductions

• Medical, investment interest, casualty & theft losses, and gambling losses are not subject to reduction




• This overall limitation is being phased out over a four-year period, beginning in 2006

• Limitation is calculated using a 2-step process• Step 1: Amount of reduction is lesser of:

• (AGI – threshold) × 3%, or• 80% × total itemized deductions subject to reduction

• Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved– For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount– For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount

• This overall limitation is being phased out over a four-year period, beginning in 2006

• Limitation is calculated using a 2-step process• Step 1: Amount of reduction is lesser of:

• (AGI – threshold) × 3%, or• 80% × total itemized deductions subject to reduction

• Step 2: Multiply the amount computed in Step 1 by the fraction that applies to the tax year involved– For 2006 and 2007: phaseout equals 2/3 of the Step 1 amount– For 2008 and 2009: phaseout equals 1/3 of the Step 1 amount


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Dr. Donald R. Trippeer, CPA [email protected]

SUNY Oneonta

If you have any comments or suggestions concerning this PowerPoint Presentation for South-Western Federal Taxation, please contact:

Dr. Donald R. Trippeer, CPA [email protected]

SUNY Oneonta

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