Passive Loss Rules. Purpose. Purpose. The Three Categories. Passive Loss Rules

Similar documents
The goal today is to accomplish three things:

Operating Expenses and Carrying Charges

The Impact of Proposed Federal Tax Reform on Farm Businesses

Minimizing Federal Income Tax for Forest Landowners

Executive Summary of the Defined Benefit Plan Engineering Financial and Economic Security for Multiple Generations

Appropriate Checklists for Year-End Tax Planning

Instructions for Form 8582 Passive Activity Loss Limitations

IRAs & Roth IRAs. IRA Opportunities. Contribution Limits For 2014 and Questions & Answers

Instructions for Form 8582-CR (Rev. January 2012)

Choosing the Right Entity for Maximum Tax Benefits for Your Construction Company

A Guide to LLCs. Forming a Limited Liability Company

Instructions for Form 8582-CR (Rev. December 2010)

Timely Retirement Plan Strategies

The Lifetime Capital Gains Exemption

Roth IRAs The Roth IRA and Questions & Answers

Shareholder's Instructions for Schedule K-1 (Form 1120S)

Roth IRAs The Roth IRA

2013 Year End Tax Planning Seminar

20. Income Tax Consequences at Death

Passive Activity Loss Disallowance Rules for Partners. American Institute of Certified Public Accountants Washington, DC

Limited Liability Companies and Corporate Business Structures

White Paper Life Insurance Coverage on a Key Employee

1999 Instructions for Schedule E, Supplemental Income and Loss

The owner is usually the purchaser of the policy. However, the owner may also acquire the policy by gift, sale, exchange, or bequest.

Tax Implications of Yacht Charter Operations By Nick G. Tarlson, CPA, MST (Taxation)

Briggs & Veselka Co. CPAs and Business Advisors. Small Business Jobs Act September 2010

Presented by Walter Copeland, CPA Heather Kovalsky, CPA Brimmer, Burek & Keelan LLP

Passive Activity Losses: The Exception for Real Estate Professionals

ESTATE PLANNING QUESTIONNAIRE

Partner's Instructions for Schedule K-1 (Form 1065-B)

special tax notice regarding plan payments

Partner's Instructions for Schedule K-1 (Form 1065)

The Business Organization: Choosing an Entity

CORPORATE FORMATIONS AND CAPITAL STRUCTURE

IRAs Traditional Individual Retirement Accounts and Questions & Answers

Death Benefit Distribution Claim Form Non-Spousal Beneficiary

CHOICE OF ENTITY CONSIDERATIONS. A Basic Guide to Entrepreneurs. October 9, 2012

Timber Income and the Federal Income Tax

Cash Versus Accrual Accounting: Tax Policy Considerations

Internal Revenue Code Section 408A(d)(3)(F) Roth IRAs

BUY-SELL AGREEMENTS CORPORATE-OWNED LIFE INSURANCE

2014 tax planning tables

A Comparison of Entity Taxation

How Can a Traditional IRA Help Me Save For Retirement?

16. Individual Retirement Accounts

Required Distribution Election Form For IRA and 403(b) Contracts

Shareholder's Instructions for Schedule K-1 (Form 1120S)

2016 Tax Planning & Reference Guide

Making Retirement Work

THE INCOME TAXATION OF ESTATES & TRUSTS

Information Regarding U.S. Federal Income Tax Calculations in connection with the Acquisition of DIRECTV by AT&T

Life Insurance and Estate Planning for Retirement Plans

the pooled income fund: Disclosure Statement and Declaration of Trust

Franklin Templeton Investments Retirement Plan Overview. Reference Guide

TAX REFORM: SELECTED FEDERAL TAX ISSUES RELATING TO SMALL BUSINESS AND CHOICE OF ENTITY

S-Corp Tax Advantages and Disadvantages

IRAs Traditional Individual Retirement Accounts and Questions & Answers

IRAs Traditional Individual Retirement Accounts and Questions & Answers

My interest in real estate investment comes naturally. I. The Secrets to a Tax Free Life with Real Estate Investment BY LARRY STONE, CPA CTC

INDIVIDUAL TAX STRATEGIES

2010 Partner s Instructions for Schedule K-1 (Form 1065) Partner s Share of Income, Deductions, Credits, etc. (For Partner s Use Only)

2014 Individual Income Tax Changes. Individual Income Tax Law changes effective for tax years beginning on or after January 1, 2014

Partner's Instructions for Schedule K-1 (Form 1065)

Taxpayers using the Cash Method of Accounting

Part 5. Tax Credits for Qualified Business Investments (Repealed effective for investments made on or after January 1, 2013)

REAL ESTATE OPERATIONS IN THE CORPORATE FORM -- WHEN DOES IT MAKE SENSE?

26 CFR : Examination of returns and claims for refund, credit or abatement; determination of correct tax liability. (Also Part I, 172, 6411)

CSRS Cost-of-Living Adjustments FERS Chapter 2

Incorporating your farm. Is it right for you?

End of Year Income and Tax Planning Individuals - June 2013

Roth Individual Retirement Account Disclosure Statement (Pursuant to Treasury Regulation )

Treatment of COD Income by Partnerships

W3 Wealth Management, LLC Shelby Morgan 90 N. Miller Road Akron, OH Key Employee Insurance

Important Notice. Lump Sum Benefits Chapter 75

Business Uses of Life Insurance

Payment Options. Disability

Preserving Retirement Assets: An IRA Rollover Review

The Act introduces a number of incentives, which address various aspects of the business enterprise.

Tax advantages of long-term care insurance

Life Insurance Coverage on a Key Employee

Partner s Instructions for Schedule K-1 (Form 1065) Partner s Share of Income, Deductions, Credits, etc. (For Partner s Use Only)

S Corporation C Corporation Partnership. Company (LLC)

INCORPORATING YOUR BUSINESS IS POTENTIALLY THE SINGLE MOST IMPORTANT THING A BUSINESS OWNER CAN DO

Overview. Texas Tax Code Chapter 171. Teresa Bostick, Claire Jamal, Jerry Oxford, Martha Preston, Nat Robberson & Jennifer Specchio

ASC IRA Distribution Form

Trust Estate Settlement Process

How To Get A Small Business Tax Credit

PayFlex Health Savings Account (HSA) Frequently Asked Questions

THE Bureau of Economic Analysis (BEA) annually

TAX AND ACCOUNTING GUIDELINES FOR THE ALPACA BREEDER

business owner issues and depreciation deductions

TAX CONSIDERATIONS IN REAL ESTATE TRANSACTIONS. Investment by Foreign Persons in U.S. Real Estate

1/5/2016. S Corporations. Objectives. Define an S Corp

Retirement Management Account Individual Retirement Account (IRA) CUSTODIAL ACCOUNT AGREEMENT & DISCLOSURE STATEMENT

Life Insurance Gifts: Planning Considerations

Presentations also allow you to add an introductory note specifically for the client receiving the presentation.

IRA / Retirement Plan Accounts

2013 ATHENS INSTRUCTIONS

Chapter 32a Medical Care Savings Account Act

Beneficiary Designation

Transcription:

Agriculture Handbook 718, pages 40-43 Purpose The purpose of the passive loss rules is to prevent taxpayers from investing in largely passive ventures ( tax shelters) solely to offset otherwise taxable income. 2 Purpose Under the Tax Reform Act of 1986, timber income is considered to be generated in one of three categories. Generally, losses in any one category cannot be used to offset income in another category. The Three Categories 1. Timber held for the production of income, such as an investment, but which is not part of a trade or business. 2. Timber held as a part of a trade or business in which you do not materially participate ( passive ). 3. Timber held as part of a trade or business in which you materially participate 3 4

Deduction Rules Vary The rules for deducting management expenses, property taxes, and interest charges will vary depending on which category your timber activity fits. Which Classification Applies? If your timber ownership is a trade or business it is subject to the passive loss rules. You must determine which of two classifications apply to you and your forest property. This determination must be made for each tax year. 5 6 Business Categories Timber held as part of a trade or business in which you materially participate Timber held as a part of a trade or business in which you do not materially participate. Timber Held As a Trade or Business in Which You Do Materially Participate Management expenses are fully deductible against income from any source. Property taxes are fully deductible against income from any source. Interest on indebtedness is fully deductible against any source. 7 8

Timber Held As a Trade or Business in Which You Do Not Materially Participate Management expenses are deductible only to the extent they do not exceed passive income. Property taxes are treated the same way. Interest on indebtedness is treated the same way (i.e., it cannot be used to offset interest income). 9 Restrictions The passive loss rules apply to activities carried out as a business, not to those carried out as an investment. The passive loss rules apply to individuals, estates, trusts, and two categories of corporations: personal service corporations and closely held C corporations 10 Restrictions Except for these two types of corporations, the passive loss rules do not apply to corporations generally. Restrictions The passive loss rules also do not directly apply to partnerships and Subchapter S corporations, since these are essentially flow through entities that are not taxed in their own right. 11 12

To be considered materially participating, the taxpayer s involvement must be regular, continuous, and substantial. According to the Internal Revenue Service, you will be considered to materially participate in your activity if you meet at least one of the following tests: 1. The absolute test: you and your spouse participate in the management and operation of the activity for more than 500 hours during the tax year. 13 14 2. The do it most of it yourself test: you and your spouse s participation in the management and operation of the activity constitutes substantially all of the participation in the activity during the tax year (even if only a low level of activity is all that is required). 3. The 100-hour majority test: you and your spouse participate for more than 100 hours in the management and operation of the activity during the tax year, and no other individual participates more. 15 16

4. The significant participation aggregate test: you and your spouse s participation in all of your significant participation activities, including your timber activity, exceeds 500 hours during the tax year. A significant participation activity is a trade or business in which you participate for more than 100 hours. Hence, you can qualify under this test even if someone else participates more in the timber activity than you do. 17 5. The five of the last 10 years test: you and your spouse materially participate in the management and operation of your timber activity for at least 5 of the preceding 10 tax years. 18 6. The facts and circumstances test: all the facts and circumstances of the situation indicate that you and your spouse materially participate. The specific rules to be followed in applying this case have not been fully defined. Spousal You and your spouse will be treated as one taxpayer for determining whether the material participation test has been met. It does not matter whether your spouse owns an interest in the activity, or whether you file joint or separate returns. Suggestion: do not use this test! 19 20

Retired or Disabled Taxpayers If you are retired or become disabled and do not meet the material participation requirements, you will be treated as materially participating if you did so for at least 5 of the last 10 years immediately preceding your retirement or disability, which ever comes first. Surviving Spouses Surviving spouses, having acquired from a deceased spouse, forest property that qualified as a trade or business need only satisfy and active management test. Under this test, you will generally be required only to participate in general management decisions, and not be required to make daily operating decisions. 21 22 Record Keeping Because of the passive loss-rules, record keeping is now even more important! Formal bookkeeping is not required any reasonable means is okay. This includes appointment books, calendars, and narrative summaries. Record Keeping Records consist of many things: Timber management plan Receipts for business transactions Odometer readings, diaries, time recording for the time spent managing the trade or business Agendas to training meetings Membership records in business related associations 23 24

Reporting Expenses Schedule F If your timber operations are established as a sole proprietorship and are incidental to farming activities, list your deductible timber expenses together with your deductible farming expenses on Schedule F of Form 1040, Farm Income and Expenses. Reporting Expenses Schedule C If your timber operations are a separate sole proprietorship business or are incidental to a non-farm business, report your deductions on Schedule C of Form 1040, Profit or Loss from Business (Sole Proprietorship). 25 26 Reporting Passive Expenses Report allowable passive deductions for the tax year on Form 8582, Passive Activity Loss Limitations. Timber Held As an Investment An investment is an undertaking entered into with a view to realizing a profit, but which does not involve the same regularity or frequency of activity that a trade or business would require. 27 28

Timber Held As an Investment Timber held as an investment, rather than as a trade or business, is not subject to the passive loss rules. However, deductibility of expenditures by non-corporate investors is more limited. 29 Timber Held As an Investment Management Expenses Management expenses, plus other miscellaneous itemized deductions, are deductible only to the extent they exceed 2% of adjusted gross income (AGI). Alternatively, management costs may be capitalized as carrying charges instead of being currently deducted provided the property is not productive during the tax year. 30 Timber Held As an Investment Taxes Property and other taxes are deductible against income from any source. If you prefer, you may elect to capitalize property taxes and recover them on the sale of the timber rather than deduct them in the year paid. Severance and yield taxes, however, may not be capitalized. Timber Held As an Investment Interest Expenses Interest on indebtedness is deductible only to the extent of the net investment income from all sources. You may elect to capitalize all or part of the interest paid instead of deducting it or carrying it forward, and use it to offset income realized from the sale of timber. 31 32

Interest Expenses (cont d) Any excess of investment interest expenses over net investment income that cannot be deducted in a particular year, may be carried forward indefinitely and be eligible for deduction in any later year in which net investment income from any investment source is realized. Timber Held as Investment Tax Form Your deductible investment expenses are listed on Schedule A of Form 1040, on the appropriate line for deduction. This is possible only if you itemize deductions for the tax year. 33 34 Reporting Expenses After Tax Simplification If in any tax year you do not itemize deductions, or alternatively you do not elect to capitalize these expenses, the costs are lost for tax purposes, and you will not be able to recover them. 35 36