deduction

Real Estate Agent Not Permitted to Deduct Rental Losses

For our clients out there who are real estate agents and property owners: The taxpayer was a licensed real estate agent who owned rental properties. For 2006 and 2007, she deducted a total of $78,543 in rental losses. Upon audit, the IRS disallowed these losses because the taxpayer failed to show she materially participated in the rental activity. The taxpayer argued that her status as a real estate professional automatically rendered the losses nonpassive, regardless of material participation. The Court of Appeals for the Ninth Circuit sided with the IRS, holding that although real estate professionals are not subject to the per se rule under IRC Sec. 469(c)(2) that rental losses are passive, they must still show material participation before deducting rental losses. Therefore, the taxpayer was not entitled to deduct the losses.

If you have any questions, please contact your Linkenheimer CPA.

 

By |August 19th, 2016|deduction, irs|0 Comments

Retail stores and restaurants: remodel or refresh is deductible

Retail and restaurants now have a safe harbor income tax accounting method to determine whether costs paid to refresh or remodel a qualified building are deductible repairs and maintenance expenses, or if they must be capitalized. The safe harbor method simplifies the determination. Under the safe harbor, a qualified taxpayer deducts 75% of its qualified costs as repairs and maintenance and capitalizes the remaining 25% of its qualified costs. The revenue procedure is effective for tax years beginning after 2013. Rev. Proc. 2015-56, 2015-49 IRB . If you have any questions, please contact your Linkenheimer LLP CPA.

By |November 30th, 2015|deduction|0 Comments

Claiming a Tax Deduction for Medical and Dental Expenses

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Your medical expenses may save you money at tax time, but a few key rules apply. Here are some tax tips to help you determine if you can claim a tax deduction:

  • You must itemize.  You can only claim your medical expenses that you paid for in 2014 if you itemize deductions on your federal tax return. If you take the standard deduction, you can’t claim these expenses.
  • AGI threshold.  You include all the qualified medical costs that you paid for during the year. However, you can only deduct the amount that is more than 10 percent of your adjusted gross income.
  • Temporary threshold for age 65.  If you or your spouse is age 65 or older, the AGI threshold is 7.5 percent of your AGI. This exception applies through Dec. 31, 2016.
  • Costs to include.  You can include most medical and dental costs that you paid for yourself, your spouse and your dependents. Exceptions and special rules apply. Costs reimbursed by insurance or other sources do not qualify for a deduction.
  • Expenses that qualify.  You can include the costs of diagnosing, treating, easing or preventing disease. The […]
By |March 11th, 2015|deduction, medical deduction|0 Comments

Deducting Self-Employed Medical Insurance for S Shareholders

According to the IRS, a 2-percent shareholder in an S corporation may be eligible for a deduction against Adjusted Gross income (AGI) for the cost of accident and health insurance premiums paid by the corporation. The deduction is equal to 100 percent of the amount paid for medical insurance for the shareholder, his or her spouse, and dependents and is reported as an adjustment to income on the shareholder’s Form 1040.

The deduction has two limitations:

  • The deduction is not available for the calendar months in which the 2-percent shareholder or spouse is eligible to participate in another employer-subsidized health insurance plan; and,
  • The deduction cannot exceed the taxpayer’s earned income derived from the trade or business that provides the health insurance plan. S corporation shareholders treat their social security wages from the S corporation as earning income for purposes of this limitation.

A 2-percent shareholder that meets the requirements is eligible for the deduction if the plan providing the medical care coverage is established by the S corporation, which means that:

  • The S corporation pays the premiums for the accident and health insurance policy covering the 2-percent shareholder (and his or her spouse and dependents, if applicable) in […]
By |January 14th, 2015|deduction, medical deduction, self employed|0 Comments

Casualty Loss Deductions for Natural Disasters

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As a California resident, most of us probably know someone who has suffered some kind of property loss courtesy of an earthquake. The recent Napa earthquake that shook the North Bay is a good reminder that many might be eligible to claim a casualty deduction for your property loss if you suffer property damage during the tax year as a result of a sudden, unexpected or unusual event (such as a flood, hurricane, tornado, fire, earthquake or even volcanic eruption. A casualty does not include normal wear and tear or progressive deterioration.). The casualty deduction is also available if you are the victim of vandalism.

Generally, you may deduct casualty and theft losses relating to your home, household items and vehicles on your federal income tax return. You may not deduct casualty and theft losses covered by insurance unless you file a timely claim for reimbursement, and you reduce the loss by the amount of any reimbursement or expected reimbursement.

If your property is personal-use property or is not completely destroyed, the amount of your casualty loss is the lesser of:

  • The adjusted basis of your property, or
  • The decrease in fair market value of […]
By |October 21st, 2014|casualty loss, deduction, earthquake|0 Comments

Tax Time: What You Need to Know



Every year the tax codes change and last year was no different. The real questions, as we close in on April 15th, are: What are the significant changes that will have an effect on how I prepare my returns for 2012; and, what planning should I be doing now for the current calendar year.
The biggest news, which we’re hoping our clients have heard about at this point, is the passage of the American Taxpayer Relief Act at the beginning of this year. In addition to changing how the Alternative Minimum Tax is calculated on 2012 taxes, it retained the status quo for a number of temporary tax breaks, extending some retroactively and others into the 2013 tax year. Marginal tax brackets also rose a bit, so even if you made a couple thousand dollars more last year, you’ll probably owe the same percentage as you did last year.

Deductions for 2012
The standard deduction for those who don’t itemize rose by $150 for single filers and $300 for joint filers — to $5,950 if you’re filing solo and $11,900 if you’re filing with your spouse. And the amount you get to deduct for both you and your dependents […]

Bonus Depreciation & Section 179 Depreciation Deduction Rules for 2012

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Taxpayers may want to consider making fixed asset purchases before December 31, 2012 to take advantage of two accelerated depreciation options:
1.      Bonus Depreciation: For most qualified property placed into service in between January 1, 2012 and December 1, 2012, the maximum bonus depreciation allowance is 50% of the cost of the property.  Purchasing  new assets that have a useful life of 20 years or less generally qualify for bonus depreciation.  Bonus depreciation amounts are based upon a calendar year.
2.       Section 179:  For tax […]