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2008 Annual Tax Update: Individuals and Sole Proprietors

Author/Moderator: Bill Harden, CPA, ChFC, Ph.D
Publisher: AICPA
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Description

This course has been updated to include content on the Emergency Economic Stabilization Act of 2008

In this comprehensive course you will learn what's new and what has changed in the federal individual income tax arena. It brings you up-to-the-minute guidance on the latest tax legislation, court decisions and IRS pronouncements. Gain practical insights and valuable tax-savings strategies from AICPA's seasoned tax pros who know what the new laws, rules and court decisions can mean for real-world taxpayers. With the ever-changing tax laws and their increased complexity, you can't afford to miss out on this course.

Objectives: 

  • Identify and comply with the latest requirements resulting from federal tax statues, regulations, cases and rulings
  • Utilize new planning ideas for individuals and sole proprietors resulting from recent tax changes

Prerequisite: Familiarity with federal tax issues for individuals

Table of Contents

  • Chapter 0 - Introduction
  • Chapter 1 - Income
    • Learning Objectives
    • Mortgage Forgiveness Relief
      • Background
      • Mortgage Forgiveness Relief
    • COD Income from House Mortgage
    • Benefits for Volunteer Firefighters and Emergency Medical Responders
    • Clarification of Excluded Benefits for Volunteer Firefighters - Heroes Act ~§~115
      • Background
      • Clarification
    • Safety Officer Vehicles to Be Qualified Nonpersonal Use Vehicles
    • Limitation Amounts
      • Plan Limits
      • IRA Limits
    • Transfers from IRAs to Charities
    • IRA to Roth Conversion Regulations
    • Non-spouse Beneficiary with Late Minimum Distribution
      • Takeaway
    • Early Distributions from an ESOP
      • Facts
      • Analysis
      • Takeaway
    • Distribution for Unreimbursed Moving Cost Subject to 10% Penalty
    • Disability Payments Converted to Retirement Payments
    • Virginia Tech Tragedy Exclusion
    • Supplemental Unemployment Compensation Benefits - CSX Corp
      • Facts
      • Analysis
    • Qualified Mortgage Bond Program - Heroes Act ~§~103
      • Background
      • Homebuyer Exception Extended
    • Survivor and Disability Payments - Heroes Act ~§~104
      • Background
      • New Requirements
    • Distributions to Individuals on Active Duty at least 180 Days - Heroes Act ~§~107
      • Background
      • Provision Applies to Active Duty after December 31, 2007
    • Contributions of Military Death Gratuities to Tax-Favored Accounts - Heroes Act ~§~109
      • Background
      • Contributions to Favored Accounts
    • Exclusion of Certain State Payments to Military Personnel - Heroes Act ~§~112
      • Background
      • State Combat Zone Bonuses Excluded
    • Disposing of Unused Health Benefits in a FSA - Heroes Act ~§~114
      • Background
      • Qualified Reservist Distributions Allowed
    • Ensure Equitable Treatment of Military Families under SSI - Heroes Act ~§~201
      • Background
      • Clarification
    • Remove Penalties for Certain Veterans under SSI - Heroes Act ~§~202
      • Background
      • Exclusion from SSI Income Calculation
    • Exclusion of Benefits for AmeriCorps Volunteers under SSI - Heroes Act ~§~203
      • Background
      • AmeriCorps Covered
    • Treatment under Loan Repayment Assistance Programs
    • Cancellation of Credit Card Debt Not Excludable
    • Harassment Award not Excludable
      • Facts
      • Analysis
      • Takeaway
    • ~§~457(f) and 409A Guidance for Teachers
    • Kansas Disaster Area Provisions
      • Casualties
      • Involuntary Conversions
      • Employee Retention Credit
      • Special Depreciation
      • Section 179
      • Expensing Demolition and Clean-up Costs
      • Public Utility Property Disaster Losses
      • Net Operating Losses Due to Storms
      • Income Eligibility for Qualified Residential Rental Projects
      • Using Retirement Funds
    • Housing Act Changes to Go Zone Incentives
      • Use of Amended Returns for Hurricane-Related Casualty Loss Grants
      • Waiver of Deadline on Construction of Go Zone Property for Bonus Depreciation
      • Inclusion of Certain Counties in Go Zone for Tax-Exempt Bond Financing
    • Forthcoming Guidance on ~§~529 Plans
    • Ordained Faculty, Managers, and Administrators within ~§~107
    • Renewal Commissions to Retirees
      • Takeaway
  • Chapter 2 - Deductions
    • Learning Objectives
    • Selected Deduction Amounts
      • Standard Deduction Amounts for 2008 Returns
      • Itemized Deduction Phase-out
      • Personal Exemptions
      • Long-Term Care Premium Deduction Limit
    • Deduction for Mortgage Insurance Premiums
      • Background
      • Provision Extended
    • Allocating Prepaid Qualified Mortgage Insurance Premiums
    • Additional Standard Deduction for Real Property Taxes
    • Expanded Qualification for Deductions from a Cooperative Housing Corporation
      • Background
      • Additional Qualifications
    • Proposed Regulations for Substantiating Charitable Contributions
    • Substantiating Combined Campaign Contributions
      • Lump-sum Contributions
      • Payroll Deduction
    • Qualified Conservation Contributions
      • Background
      • Provision Extended Two Years
  • Chapter 3 - Business Activities
    • Learning Objectives
    • Start-up Expenditures New Regulations
      • Start-up Costs
      • Organizational Costs
      • Effective Dates
    • Qualifying Joint Ventures
      • Self-Employment Tax - Qualifying Joint Venture Election
      • IRS Website Information
    • Farm Act Loss Limitation
      • Background
      • Limitation on Farm Losses
    • No SECA Tax on CRP Payments to the Retired or Disabled
      • Background
      • CRP Payments Not SE to Retired or Disabled Individuals
    • Farm Endangered Species Recovery Plan Expenses
      • Background
      • Endangered Species Included
    • CCC Loan Repayment Reporting
      • Background
      • Reporting Required
    • Increase Dollar Amounts for First-time Farmers
      • Background
      • Dollar Limits Increased
    • Indexing Amounts SECA Optional Methods
      • Background
      • Indexing to Provide Coverage
    • Farm and Fishing Income Averaging
    • Hobby Loss - Animal Breeding
      • Facts
      • Analysis
      • Takeaway
    • Video Poker Activity Not a Second Business
    • Rental Activity Mistakenly Reported as a Business
      • Facts
      • Analysis
  • Chapter 4 - Pass-through and Passive Activities
    • Learning Objectives
    • Business Interest of Securities Trading Partnership Subject to ~§~163(d) Limitation at the Partner Level
      • Takeaway
    • Additional Detail on Interest Expense of Partnerships
      • Takeaway
    • Further Practical Guidance on Investment Interest of Partners
    • DRO Did Not Increase At-risk Amount
      • Facts
      • Analysis
      • Takeaway
    • S Corporation Attribution Reduction for Excluded COD Income - Proposed Regulations
    • Forced Sale of S Corporation Shares Contested
      • Facts
      • Tax Court Analysis
      • Circuit Court
      • Takeaway
  • Chapter 5 - Gains and Losses
    • Learning Objectives
    • Capital Gains/Qualifying Dividend Tax Rates
      • Review of Section 1202 Stock
      • 2008 Year End Planning
    • Gain Exclusion Improved for Surviving Spouses
      • Background
      • Surviving Spouses Window Now Two Years
      • Takeaway
    • Safe Harbor - Exchanges of Dwelling Units
      • Takeaway
      • Additional Takeaway
    • ~§~121 Exclusion Does Not Apply to Nonqualified Use
    • Unforeseen Circumstances - Blended Family
    • Suspension of Five-year Period for ~§~121 Gain on Sale by Certain Peace Corps Volunteers - Heroes Act ~§~110
      • Background
      • 10-Year Suspension for Peace Corps Volunteers
    • Suspension of Five-year Period for ~§~121 Gain on Sale by Certain Intelligence Employees - Heroes Act ~§~110
      • Background
      • Intelligence Provisions Made Permanent
    • ~§~1031 Exchange - Development Rights for Fee Interest
      • Takeaway
    • Exchange of Ditch, Reservoir, or Irrigation Company Stock
    • Application of Wash Sale Rule to Purchase by Seller's IRA
      • Takeaway
    • Manner of Electing Capital Treatment for Sales of Musical Works
    • Noncompetition Agreement Not Sale of Personal Goodwill
      • Facts
      • Analysis
      • Takeaway
    • Exchanging Annuity Contracts
      • Background
      • New Guidance
  • Chapter 6 - Tax Calculations
    • Learning Objectives
    • Kiddie Tax Age Change - Under 19
      • Background
      • Tax Applies to Children Under 19
    • Individual Alternative Minimum Tax
      • AMT Exemption Amount Not Yet Increased in 2008
      • Use of Non-refundable Personal Credits Limited
    • AMT Losses Related to ISOs
      • Takeaway
    • Interaction of AMT and Qualified Dividends
      • Takeaway
    • Another Case of Lost Deductions and Exemptions
    • Interaction of Bankruptcy and Tax Evasion
      • Facts
      • Analysis
      • Takeaway
    • Credits and Filing Status with Qualifying Relative
      • Qualifying Child or Relative
      • Earned Income Credit
      • Head of Household Filing Status
      • Child Tax Credit
      • Dependent Care Credit
    • Qualifying Relative When Parent Not Required to File
    • Final Regulations - Dependent Children of Divorced or Separated Parents
    • Revision of Rules on Expatriation of Individuals - Heroes Act ~§~301
      • Background
      • Mark-to-Market Tax
      • Gifts and Bequests
      • Coordination
    • Dirty Dozen Tax Scams
      • The New Dozen
      • Reporting Suspected Fraud
      • More Scams
  • Chapter 7 - Tax Credits and Payments
    • Learning Objectives
    • Unused Minimum Tax Credit
      • Background
      • Technical Correction to Long-term Unused Minimum Tax Credit
    • Residential Energy Efficient Property Credit Extended
    • Other Individual Credit Information
      • Adoption Credit - ~§~23
      • Child Tax Credit - ~§~24
      • Hope and Lifetime Learning Credits - ~§~25A - Hope Amount Increased
      • Saver's Credit - ~§~25B
    • Requesting Stimulus Rebate for 2008 if Not Otherwise Required to File in 2007
    • Recovery Rebate - Identification Number Exception - Heroes Act ~§~101
      • Background
      • Heroes Act Modification
    • Permanent Election to Treat Combat Pay as Earned - Heroes Act ~§~102
      • Background
      • Election Now Permanent
    • Extension of the Statute for Filing Claims for Refunds Related to Disability Determinations by the Department of Veterans Affairs - Heroes Act ~§~106
      • Background
      • Statute Extended
    • Postponement of Deadlines in Disaster Cases
    • Qualified Forestry Conservation Bonds
    • First-Time Homebuyer Credit
    • Innocent Spouse Relief Does Not Preempt Community Property Laws
      • Facts
      • Analysis
  • Chapter 8 - Estate, Gift, and Trust Tax
    • Learning Objectives
    • Rates and Indexed Amounts
      • Estate and Gift Tax Rates
      • Estate and Gift Tax Unified Credit (Exclusion) Amounts
      • Annual Gift Tax Exclusion
    • Proposed Regulations Affecting the Alternate Valuation Date Election
    • Trust Investment Advisory Fees Subject to 2% Floor
      • Background
      • Reasoning
      • Takeaway
    • Division of Charitable Remainder Trusts
      • Background and Analysis
      • Examples
    • Power to Substitute Equivalent Value Assets
      • Background and Analysis
      • Example
  • Chapter 9 - Depreciation and Amortization
    • Learning Objectives
    • Section 179
      • Background
      • Current Limits
      • Go Zone and Enterprise Zones
    • Bonus Depreciation
      • Property Requirements
      • Binding Contract
      • Electing Out and AMT
      • Self-Constructed, Sale-Leaseback, and Related Parties
      • Increased ~§~280F Limit
      • Original Use
      • Interaction with ~§~179 and Regular MACRS
      • Placed in Service and Disposed in the Same Tax Year
      • Like-kind Exchanges and Involuntary Conversions
      • Change in Use
      • Other Items
    • Depreciation of Race Horses
      • Background
      • Under Two-Year-Old Horses Are Three-Year Property (2009-2013)
  • Chapter 10 - IRS Compliance Matters
    • Learning Objectives
    • Change in Realistic Possibility Standard and Return Preparer Definition - Updated Guidance
      • Background
      • 2007 Transitional Relief for Return Preparer Penalties
      • Notice 2008-13, 2008-3 IRB 282, Interim Rules
      • Supplemental Guidance to Notice 2008-13
    • Proposed Regulation Changes Related to Preparer Penalties
      • Electronic Filing
      • Responsibility
      • Disclosure
    • Disclosure of Tax Return Information by Preparers and Consent
      • Penalties
      • Preparer
      • Information
      • Use and Disclosure
      • Consent
      • Permitted Disclosures without Consent
      • Disclosure to Other Preparers and Contractors
      • Provision of Consent
      • Consent or Disclosure for the Form 1040 Series
    • Form Disclosure for ~§~6662(d) and ~§~6694(a) - Years Beginning by December 31, 2007
      • Background
      • New Guidance
    • Contingent Fee Guidance
    • IRS Commissioner's Term
    • Authority to Disclose Return Information for Certain Veterans Programs Permanent - Heroes Act ~§~108
      • Background
      • Authority to Disclose to Veterans Affairs Permanent
    • Minimum Penalty for Failing to File - Heroes Act ~§~303
      • Background
      • Amount Increased
  • Chapter 11 - Practice Aids
    • Learning Objectives
    • Tax Rate Schedules for 2008
      • Married Individuals Filing Joint Returns and Surviving Spouses
      • Heads of Households
      • Unmarried Individuals (Other than Surviving Spouses and Heads of Households)
      • Married Individuals Filing Separate Returns
      • Estates and Trusts
      • Corporations
    • Circuit Court of Appeals by State/Territory
    • 2008 Mileage Rates
      • January 1 through June 30, 2008
      • July 1 through December 31, 2008
    • Maximum Auto Value Amounts
    • Auto Depreciation Limits - ~§~280F
    • Lease Inclusion Amounts - ~§~280F
  • Chapter 12 - Ethics Focus: Taxation
    • Ethics Overview
    • Recent Developments
    • Spotlight on Independence in Tax Services
    • Key Ethical Dilemmas and Judgment Calls
    • Addressing Ethical Dilemmas
    • Available Resources
  • Chapter 13 - Latest Developments
    • Appendix A
    • Introduction
    • Treatment of Expenditures Related to Tangible Assets - Deduct or Capitalize
      • Materials and Supplies
      • Capital Expenditures
      • Facilitative Costs
      • De Minimis Rule for Acquisition or Production of Property
      • Improvements
      • Routine Maintenance Safe Harbor
      • Betterments
      • Restoration
      • Optional Regulatory Accounting Method
      • Repair Allowance
      • Method Change
    • Proposed Regulations for Construction Contracts
      • Background
      • Proposed Guidance
    • Repayment of Loan versus Corporate Distribution
      • Facts
      • Holding
      • Takeaway
    • Differential Military Pay as Wages - Heroes Act ~§~105
      • Background
      • Differential Pay within Definition of Wages
    • HSAs
      • Adjusted HSA Amounts for 2008 and 2009
      • Final Regs - Comparable Contributions - No HSA on December 31
      • Proposed Regulations
      • Notice 2008-52
      • Notice 2008-51
      • Other Guidance
    • Credit Card Reporting
    • Two Percent Shareholder for-AGI Health Deduction
      • Takeaway

733701

Excerpts

Chapter 0 - Introduction

This update will review sections of multiple laws passed since last year's update. They are labeled in the update as follows:

  • The Housing Assistance Tax Act of 2008 - Housing Act
  • The Heartland, Habitat, Harvest and Horticulture Act of 2008 - Farm Act
  • The Heroes Earnings Assistance and Relief Act of 2008 - Heroes Act
  • The Economic Stimulus Act of 2008 - Stimulus Act
  • The Mortgage Forgiveness Debt Relief Act of 2007 - Mortgage Act

In addition to these laws this course will discuss guidance from both the executive and judicial branches. Given the volume of statutory, administrative and judicial guidance that is issued every year, it is impossible to cover all items. The goal of this course is to provide insight into the areas deemed most likely to affect CPAs in general individual tax and financial planning practice. The table of contents lists the topical coverage of this course.

In addition to formally published guidance, this update includes some cases that are listed as unpublished opinions by the various courts. These cases are not included in the update to be used as precedent. Legal advice should be sought before such use is made. They are included, however, to provide the participant in this course with knowledge of how the courts are interpreting matters of interest. Likewise, private rulings issued by the Service, while only binding with regard to that particular taxpayer, are useful to practitioners in identifying the Service's opinion of various issues for which higher levels of administrative guidance have not been issued.

Throughout the text, references made to the Service should be taken by the reader to mean the Internal Revenue Service (IRS) unless otherwise noted. Similarly, in some cases in which the statutory guidance refers to either the Secretary or Commissioner, the author may have substituted the term Service. This is done for simplicity since the Service is the designee of the Secretary in the case of tax matters. Use of the word Section (at the beginning of sentences or paragraphs) or the § symbol (within sentences) throughout the course should be taken to mean the relevant section of the Internal Revenue Code unless otherwise noted.

It is important to note that as of the time this manual went to print, many expiring provisions have not yet been extended to cover 2008. It will be important that practitioners watch for changes in this area prior to filing 2008 returns. Some of the major provisions not yet extended for 2008 include:

  • AMT Exemption Patch
  • Use of Most Individual Credits for AMT
  • Sales Taxes Instead of State Income Taxes as an Itemized Deduction
  • Tuition and Fees Deduction
  • For-AGI Educator Deduction
  • Distributing IRA Amounts Directly to Charities if 70~½~ or Over
  • 15 Year Expensing of Qualified Leasehold Improvements
  • 15 Year Expensing of Qualified Restaurant Property
  • Research Credit
  • Indian Employment Credit
  • DC Homebuyer Credit

Chapter 1 - Income

Learning Objectives

After completing this chapter you should be:

  • Updated regarding mortgage forgiveness relief
  • Updated regarding benefits for emergency responders
  • Updated regarding plan limits
  • Updated regarding other miscellaneous inclusions and exclusions from income
  • Updated regarding Kansas and Go Zone provisions

Mortgage Forgiveness Relief

The Mortgage Forgiveness Debt Relief Act of 2007 (hereafter Mortgage Act) was signed by the President on December 20, 2007. The first item in the Mortgage Act was a provision to relieve taxpayers of forgiveness of debt income related to their homes.

Background

Ordinarily, income from the discharge of debt is taxable income unless it meets one of the exceptions under §108. These exceptions under §108(a)(1) are applicable when

  • The discharge occurs in a title 11 case,
  • The discharge occurs when the taxpayer is insolvent,
  • The indebtedness discharged is qualified farm indebtedness,
  • In the case of a taxpayer other than a C corporation, the indebtedness discharged is qualified real property business indebtedness.

When one of these exceptions is met, the taxpayer will generally reduce certain tax attributes by the amount of the discharge per §108(b). Technically there is a difference between recourse and nonrecourse debts in terms of how they affect the borrower. However, the House Committee Report 110-356 (which is not an official committee report for reference purposes) example, which is reproduced below, really describes recourse debt treatment. An example is not provided that specified whether the debt is recourse or nonrecourse.

House Committee Report 110-356 Example

Assume a taxpayer who is not in bankruptcy and is not insolvent owns a principal residence subject to a $200,000 mortgage debt. If the creditor forecloses and the home is sold for $180,000 in satisfaction of the debt, the debtor has $20,000 income from the discharge of indebtedness which is includable in gross income. Likewise, if the creditor restructures the loan and reduces the principal amount to $180,000, the debtor has $20,000 includable in gross income.

733701

Videocourse Details

NASBA Field of Study: Taxes
Level: Update
Recommended CPE Credit: 17
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