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Chapter 5
                                  Gross Income
                                   Exclusions
©2012 CCH. All Rights Reserved.
4025 W. Peterson Ave.
Chicago, IL 60646-6085
1 800 248 3248
www.CCHGroup.com
Chapter 5 Exhibits

    1.   Social Security Benefits
    2.   Interest on U.S. Savings Bonds
    3.   EE Bonds Used for Education
    4.   Fringe Benefits
    5.   Group Life Insurance
    6.   Annuities
    7.   Compensation for Injuries and Sickness
    8.   Insurance Reimbursement Summary
    9.   Damage Awards




Chapter 5, Exhibit Contents A      CCH Federal Taxation Basic Principles   2 of 34
Chapter 5 Exhibits

   10.   Cafeteria Plans
   11.   Adoption Assistance
   12.   Employee Tuition Reduction Plans
   13.   Dependent Care Assistance Program




Chapter 5, Exhibit Contents B   CCH Federal Taxation Basic Principles   3 of 34
Social Security Benefits
     A portion of Social Security income is taxable to the
      extent that a taxpayer’s provisional income exceeds
      certain base amounts.

     Provisional income equals adjusted gross income, plus
      one-half of Social Security received, plus some non-
      taxable items such as tax exempt interest.




Chapter 5, Exhibit 1a       CCH Federal Taxation Basic Principles   4 of 34
Social Security Benefits
          1st threshold base amounts - $25,000 for single
                                     - $32,000 for married filing jointly

       If a taxpayer’s provisional income exceeds the 1st threshold (but
  does not exceed the 2nd threshold), the taxable portion of Social Security
  is the lesser of:

          A. 50% of Social Security benefits or

          B. 50% of the excess of the taxpayer’s provisional income over the
             base.



Chapter 5, Exhibit 1b          CCH Federal Taxation Basic Principles        5 of 34
Social Security Benefits
      2nd threshold base amounts - $34,000 for single
                                 - $44,000 for married filing jointly

      If a taxpayer’s provisional income exceeds the 2nd threshold, the
      taxable portion of Social Security is the lesser of:

      A.      85% of Social Security benefits OR

      B.      85% of the amount that provisional income exceeds the threshold
              plus the smaller of
                   (1) the amount of SS benefits included under the prior law
                      or
                   (2) $4,500 for unmarried taxpayers or $6,000 for
                       married filing jointly.
Chapter 5, Exhibit 1c           CCH Federal Taxation Basic Principles      6 of 34
Social Security Benefits

      Married taxpayers filing separately have no base amount and must
      include in gross income the lesser of

      A.      85% of Social Security benefits OR

      B.      85% of their provisional income




Chapter 5, Exhibit 1d           CCH Federal Taxation Basic Principles    7 of 34
Interest on U.S. Savings Bonds

     The general rule is that interest on U.S. savings bonds is fully
      taxable.

     Cash basis taxpayers may report interest income on a yearly
      basis or defer the recognition of interest income until the
      bonds mature.




Chapter 5, Exhibit 2          CCH Federal Taxation Basic Principles   8 of 34
EE Bonds Used for Education
However, interest earned on U.S. savings bonds may be
excluded if the proceeds are used to finance the higher education
of the taxpayer, taxpayer’s spouse or dependents.

Qualified higher education expenses. Tuition and fees qualify.
Room and board and expenses incurred outside of the degree
program (e.g., sports, clubs) do not qualify. The bonds must be
redeemed during the same tax year in which qualified educational
expenses are incurred.



Chapter 5, Exhibit 3a          CCH Federal Taxation Basic Principles   9 of 34
EE Bonds Used for Education
1. If the qualified educational expenses exceed the Series EE proceeds
   (principal and interest), then all the interest may be excluded, subject to
   the income phase out rules.

2. If the qualified educational expenses are less than the Series EE
   proceeds (principal and interest), then only a portion of the interest may
   be excluded based on the following formula:

Exclusion amount=
Interest on EE savings bond x Qualified educational expenses
                                  Series EE proceeds



Chapter 5, Exhibit 3b          CCH Federal Taxation Basic Principles      10 of 34
EE Bonds Used for Education

The phase out thresholds in 2012 are:

                                                                      Modified AGI

                                                     Ceiling            Floor     Phaseout Range
                                                                                 (Ceiling – Floor)


Married filing jointly                              $139,250          $109,250       $30,000

Single and head of household                        $ 87,850          $72,850        $15,000

Married filing separately (not eligible)               N/A               N/A           N/A




Chapter 5, Exhibit 3c                CCH Federal Taxation Basic Principles                           11 of 34
EE Bonds Used for Education
Example 1

Mary, a single mother, has modified AGI of $81,850. She redeems Series EE bonds and
receives $5,000 of principal and $2,500 of interest. Mary’s daughter attends college and
has qualified educational expenses of $8,000. How much of the $2,500 interest may be
excluded from gross income?

Answer

The qualified educational expenses of $8,000 exceed the Series EE proceeds of $7,500.
Mary would have been able to exclude the full $2,500 except for the fact that she is
subject to the phase out for higher income taxpayers.




Chapter 5, Exhibit 3d          CCH Federal Taxation Basic Principles                12 of 34
EE Bonds Used for Education

Example

The phaseout amount of the exclusion is calculated as:

     [(Income – phaseout floor) / phaseout range] x Interest
     [($81,850 - $72,850) ÷ $15,000] x $2,500 = $1,500

Interest income excluded is $1,000 ($2,500 – $1,500).
Therefore, taxable interest income is $1,500.




Chapter 5, Exhibit 3e          CCH Federal Taxation Basic Principles   13 of 34
Fringe Benefits
     The following 4 non-statutory fringe benefits are excluded from
     gross income.

1. No-additional-cost services

     Generally excluded from gross income if:

        no significant additional costs are incurred by the employer and
        the service provided is offered for sale to customers in the
         ordinary course of the line of business for which the employee is
         working.

    Example: Free travel is offered to airline employees who fly on
    standby. Spouses and dependent children may be included with no
    income tax consequences.
Chapter 5, Exhibit 4a        CCH Federal Taxation Basic Principles       14 of 34
Fringe Benefits

2. Qualified employee discounts
   Generally excluded from gross income.

     For property purchased at a discount, the exclusion may not exceed
     the employer’s gross profit margin. For services purchased at a
     discount, the exclusion may not exceed 20%.




Chapter 5, Exhibit 4b       CCH Federal Taxation Basic Principles         15 of 34
Fringe Benefits

3. Working condition fringe benefits
   The fair market value of any property or services provided to an
   employee is excluded by that employee if it represents an ordinary and
   necessary business deduction to the employer.

   Examples: Cell phone used by the employee for the primary
   convenience of the employer, but also available for personal use;
   subscriptions to business periodicals; on-the-job training; inventory
   being tested by the employees outside of the employer’s workplace.




Chapter 5, Exhibit 4c      CCH Federal Taxation Basic Principles           16 of 34
Fringe Benefits

4. De minimis fringe benefits
   Excluded when the value of property or services provided to the
   employee are so minimal that accounting for it would be
   unreasonable.

     Examples: Using the copy machine for personal purposes;
     occasional tickets to sports events, coffee and snacks, occasional
     company picnics




Chapter 5, Exhibit 4d        CCH Federal Taxation Basic Principles        17 of 34
Group Life Insurance

     An employee can exclude the cost of group term life
      insurance provided by an employer as long as the face value
      of the policy does not exceed $50,000.

     If over $50,000 of coverage is provided by an employer, the
      cost of the premium for the excess coverage must be included
      in the gross income of the employee.




Chapter 5, Exhibit 5      CCH Federal Taxation Basic Principles   18 of 34
Annuities
         Income received as an annuity from an annuity, endowment
          or life insurance contract generally consists of 2 parts:

                1) non-taxable return of investment
                2) taxable gain on investment




Chapter 5, Exhibit 6a         CCH Federal Taxation Basic Principles   19 of 34
Annuities
            The tax free portion of the annuity is spread evenly over the
             taxpayer’s lifetime.

            The amount of the annuity payment that may be excluded
             from gross income is the annuity payments received
             multiplied by the exclusion ratio

            Exclusion Ratio =    Investment in contract
                            expected return under the contract*

          * expected return is calculated by multiplying the annual
           annuity payment by the multiplier on the appropriate table.

Chapter 5, Exhibit 6b          CCH Federal Taxation Basic Principles    20 of 34
Annuities
Example:
John retired at age of 70 and purchased an annuity contract for
$19,000. The annuity contract provides for him to receive $150 per
month for life.

Step One: Compute expected return under the contract.

               Multiplier from Table 2 16.0
             x Annual annuity payments       $1,800 ($150 x 12)
             = Expected return         $28,800

Chapter 5, Exhibit 6c        CCH Federal Taxation Basic Principles   21 of 34
Annuities

  Step Two: Compute the exclusion ratio

    Exclusion Ratio =         Investment in the contract
                                Expected return under the contract

                        66% = $19,000
                               $28,800




Chapter 5, Exhibit 6d          CCH Federal Taxation Basic Principles   22 of 34
Annuities

  Step Three: Compute amount excluded

  Total payment for the year x Exclusion ratio = Amount of
  exclusion

                        $1,800 x 66% = $1,188

  The remainder of the annuity payment received
  ($1,800 - $1,188 = $612) is included in gross income.

Chapter 5, Exhibit 6e       CCH Federal Taxation Basic Principles   23 of 34
Compensation for Injuries and Sickness

                        Worker’s Compensation
 Amounts received as compensation for occupational personal injury or
 sickness are excluded from gross income.

 Amounts received as compensation for non-occupational personal
 injury or sickness are taxable.




Chapter 5, Exhibit 7a      CCH Federal Taxation Basic Principles   24 of 34
Compensation for Injuries and Sickness

                        Accident and Health Insurance Plans
 Benefits received from employee-paid plans are excluded from gross
 income.

 Benefits received from employer-paid plans are taxable UNLESS the
 following conditions are met:

              1. Permanent injury or loss of bodily function if amounts are paid
                 on the nature of the injury and not on work time lost.

              2. Reimbursement for actual medical expenses incurred by
                 employee, spouse or dependents.

Chapter 5, Exhibit 7b           CCH Federal Taxation Basic Principles        25 of 34
Insurance Reimbursement Summary
    Insurance Plan        Excluded from gross income                   Included in gross income

    Workers’
    Compensation                                                 Amounts received as
                       Amounts received as                       compensation for an
    Plans              compensation for an occupational
                       personal injury or sickness.              non-occupational personal injury
                                                                 or sickness.

    Accident and
                       Amounts received for personal             Amounts received for personal
    Health Plans
                       injury or sickness from employee-         injury or sickness from employer-
                       paid plans.                               paid plans.


    Note: For the above exclusions to apply, the benefits must be on account of
      1. personal physical injuries or sickness or
      2. emotional distress, limited to actual medical expenses incurred.



Chapter 5, Exhibit 8                CCH Federal Taxation Basic Principles                         26 of 34
Damage Awards
                              Tax Treatment for Damages

    Type                                     Damages
1   Physical Injury or Sickness              Excluded from taxable income


2   Non Physical Injury or Sickness          Taxable, except if damages are used to pay for
                                             medical expenses related to emotional distress.



3   Lost Wages                               Taxable Income


4   Punitive Damages                         Taxable Income



Chapter 5, Exhibit 9a              CCH Federal Taxation Basic Principles                  27 of 34
Damage Awards

   Example:

   Sally’s professional reputation is damaged as a result of a false
   credit report. As a result of her ensuing emotional distress,
   Sally makes several visits to a qualified counselor, incurring
   medical expenses totaling $5,000. Later, she receives a
   $25,000 non-punitive award for damage to professional
   reputation. $5,000 of the $25,000 award is excludable.



Chapter 5, Exhibit 9b    CCH Federal Taxation Basic Principles   28 of 34
Cafeteria Plans

Tax Advantage of Cafeteria Plans
     Under a cafeteria plan, each employee is permitted to choose
     between cash or nontaxable benefits. Employees are not
     subject to federal income tax for the amount of menu items
     that are nontaxable. In addition, the cost of these fringes is
     deductible as compensation to the employer.




Chapter 5, Exhibit 10a    CCH Federal Taxation Basic Principles   29 of 34
Cafeteria Plans
 Nontaxable Items Allowable Under Cafeteria Plans
        Group-term life insurance coverage below $50,000
        Health and accident protection and dental plans
        Child care
        Vacation days
        Dependent care assistance
        Adoption assistance

         Unused benefits from one plan year may not be
         accumulated by an employee and carried over to
         succeeding years.

Chapter 5, Exhibit 10b    CCH Federal Taxation Basic Principles   30 of 34
Adoption Assistance
An employee may exclude from gross income of up to $12,650
of adoption expenses per child, where such expenses are paid for
by the taxpayer’s employer under a qualified adoption assistance
program.

Qualified adoption expenses include ordinary and necessary
adoption expenses, court costs, attorney fees and other expenses
incurred for the principal purpose of the legal adoption of a
child.

The exclusion is phased out for taxpayers with an adjusted gross
income between $189,710 and $229,710.
Chapter 5, Exhibit 11     CCH Federal Taxation Basic Principles   31 of 34
Employee Tuition Reduction Plans
    Payments of up to $5,250 per year paid by an employer to, or
    on behalf of, an employee for tuition and course-related
    material may be excluded from employee income.

    Qualified educational expenses includes the payment or
    provision of tuition, fees, books, supplies, and equipment.




Chapter 5, Exhibit 12       CCH Federal Taxation Basic Principles   32 of 34
Dependent Care Assistance Program

  $5,000 exclusion
    A qualified dependent care assistance program is a separate
    written plan of an employer under which the employer
    pays or incurs dependent care costs for the exclusive
    benefit of employees. Employees can exclude up to $5,000
    ($2,500 for married persons filing separately).




Chapter 5, Exhibit 13a     CCH Federal Taxation Basic Principles   33 of 34
Dependent Care Assistance Program

  The exclusion is subject to an earned income limitation. An
  unmarried taxpayer may not exclude more than his or her
  earned income for the year. A married taxpayer may not
  exclude more than the lesser of his or her earned income or the
  spouse’s earned income.

  The earned income of an incapacitated or student spouse is
  deemed to be $250 per month for one qualifying dependent or
  $500 per month for 2 or more qualifying dependents.


Chapter 5, Exhibit 13b     CCH Federal Taxation Basic Principles   34 of 34

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2013 cch basic principles ch05

  • 1. Chapter 5 Gross Income Exclusions ©2012 CCH. All Rights Reserved. 4025 W. Peterson Ave. Chicago, IL 60646-6085 1 800 248 3248 www.CCHGroup.com
  • 2. Chapter 5 Exhibits 1. Social Security Benefits 2. Interest on U.S. Savings Bonds 3. EE Bonds Used for Education 4. Fringe Benefits 5. Group Life Insurance 6. Annuities 7. Compensation for Injuries and Sickness 8. Insurance Reimbursement Summary 9. Damage Awards Chapter 5, Exhibit Contents A CCH Federal Taxation Basic Principles 2 of 34
  • 3. Chapter 5 Exhibits 10. Cafeteria Plans 11. Adoption Assistance 12. Employee Tuition Reduction Plans 13. Dependent Care Assistance Program Chapter 5, Exhibit Contents B CCH Federal Taxation Basic Principles 3 of 34
  • 4. Social Security Benefits  A portion of Social Security income is taxable to the extent that a taxpayer’s provisional income exceeds certain base amounts.  Provisional income equals adjusted gross income, plus one-half of Social Security received, plus some non- taxable items such as tax exempt interest. Chapter 5, Exhibit 1a CCH Federal Taxation Basic Principles 4 of 34
  • 5. Social Security Benefits 1st threshold base amounts - $25,000 for single - $32,000 for married filing jointly If a taxpayer’s provisional income exceeds the 1st threshold (but does not exceed the 2nd threshold), the taxable portion of Social Security is the lesser of: A. 50% of Social Security benefits or B. 50% of the excess of the taxpayer’s provisional income over the base. Chapter 5, Exhibit 1b CCH Federal Taxation Basic Principles 5 of 34
  • 6. Social Security Benefits 2nd threshold base amounts - $34,000 for single - $44,000 for married filing jointly If a taxpayer’s provisional income exceeds the 2nd threshold, the taxable portion of Social Security is the lesser of: A. 85% of Social Security benefits OR B. 85% of the amount that provisional income exceeds the threshold plus the smaller of (1) the amount of SS benefits included under the prior law or (2) $4,500 for unmarried taxpayers or $6,000 for married filing jointly. Chapter 5, Exhibit 1c CCH Federal Taxation Basic Principles 6 of 34
  • 7. Social Security Benefits Married taxpayers filing separately have no base amount and must include in gross income the lesser of A. 85% of Social Security benefits OR B. 85% of their provisional income Chapter 5, Exhibit 1d CCH Federal Taxation Basic Principles 7 of 34
  • 8. Interest on U.S. Savings Bonds  The general rule is that interest on U.S. savings bonds is fully taxable.  Cash basis taxpayers may report interest income on a yearly basis or defer the recognition of interest income until the bonds mature. Chapter 5, Exhibit 2 CCH Federal Taxation Basic Principles 8 of 34
  • 9. EE Bonds Used for Education However, interest earned on U.S. savings bonds may be excluded if the proceeds are used to finance the higher education of the taxpayer, taxpayer’s spouse or dependents. Qualified higher education expenses. Tuition and fees qualify. Room and board and expenses incurred outside of the degree program (e.g., sports, clubs) do not qualify. The bonds must be redeemed during the same tax year in which qualified educational expenses are incurred. Chapter 5, Exhibit 3a CCH Federal Taxation Basic Principles 9 of 34
  • 10. EE Bonds Used for Education 1. If the qualified educational expenses exceed the Series EE proceeds (principal and interest), then all the interest may be excluded, subject to the income phase out rules. 2. If the qualified educational expenses are less than the Series EE proceeds (principal and interest), then only a portion of the interest may be excluded based on the following formula: Exclusion amount= Interest on EE savings bond x Qualified educational expenses Series EE proceeds Chapter 5, Exhibit 3b CCH Federal Taxation Basic Principles 10 of 34
  • 11. EE Bonds Used for Education The phase out thresholds in 2012 are: Modified AGI Ceiling Floor Phaseout Range (Ceiling – Floor) Married filing jointly $139,250 $109,250 $30,000 Single and head of household $ 87,850 $72,850 $15,000 Married filing separately (not eligible) N/A N/A N/A Chapter 5, Exhibit 3c CCH Federal Taxation Basic Principles 11 of 34
  • 12. EE Bonds Used for Education Example 1 Mary, a single mother, has modified AGI of $81,850. She redeems Series EE bonds and receives $5,000 of principal and $2,500 of interest. Mary’s daughter attends college and has qualified educational expenses of $8,000. How much of the $2,500 interest may be excluded from gross income? Answer The qualified educational expenses of $8,000 exceed the Series EE proceeds of $7,500. Mary would have been able to exclude the full $2,500 except for the fact that she is subject to the phase out for higher income taxpayers. Chapter 5, Exhibit 3d CCH Federal Taxation Basic Principles 12 of 34
  • 13. EE Bonds Used for Education Example The phaseout amount of the exclusion is calculated as: [(Income – phaseout floor) / phaseout range] x Interest [($81,850 - $72,850) ÷ $15,000] x $2,500 = $1,500 Interest income excluded is $1,000 ($2,500 – $1,500). Therefore, taxable interest income is $1,500. Chapter 5, Exhibit 3e CCH Federal Taxation Basic Principles 13 of 34
  • 14. Fringe Benefits The following 4 non-statutory fringe benefits are excluded from gross income. 1. No-additional-cost services Generally excluded from gross income if:  no significant additional costs are incurred by the employer and  the service provided is offered for sale to customers in the ordinary course of the line of business for which the employee is working. Example: Free travel is offered to airline employees who fly on standby. Spouses and dependent children may be included with no income tax consequences. Chapter 5, Exhibit 4a CCH Federal Taxation Basic Principles 14 of 34
  • 15. Fringe Benefits 2. Qualified employee discounts Generally excluded from gross income. For property purchased at a discount, the exclusion may not exceed the employer’s gross profit margin. For services purchased at a discount, the exclusion may not exceed 20%. Chapter 5, Exhibit 4b CCH Federal Taxation Basic Principles 15 of 34
  • 16. Fringe Benefits 3. Working condition fringe benefits The fair market value of any property or services provided to an employee is excluded by that employee if it represents an ordinary and necessary business deduction to the employer. Examples: Cell phone used by the employee for the primary convenience of the employer, but also available for personal use; subscriptions to business periodicals; on-the-job training; inventory being tested by the employees outside of the employer’s workplace. Chapter 5, Exhibit 4c CCH Federal Taxation Basic Principles 16 of 34
  • 17. Fringe Benefits 4. De minimis fringe benefits Excluded when the value of property or services provided to the employee are so minimal that accounting for it would be unreasonable. Examples: Using the copy machine for personal purposes; occasional tickets to sports events, coffee and snacks, occasional company picnics Chapter 5, Exhibit 4d CCH Federal Taxation Basic Principles 17 of 34
  • 18. Group Life Insurance  An employee can exclude the cost of group term life insurance provided by an employer as long as the face value of the policy does not exceed $50,000.  If over $50,000 of coverage is provided by an employer, the cost of the premium for the excess coverage must be included in the gross income of the employee. Chapter 5, Exhibit 5 CCH Federal Taxation Basic Principles 18 of 34
  • 19. Annuities  Income received as an annuity from an annuity, endowment or life insurance contract generally consists of 2 parts: 1) non-taxable return of investment 2) taxable gain on investment Chapter 5, Exhibit 6a CCH Federal Taxation Basic Principles 19 of 34
  • 20. Annuities  The tax free portion of the annuity is spread evenly over the taxpayer’s lifetime.  The amount of the annuity payment that may be excluded from gross income is the annuity payments received multiplied by the exclusion ratio Exclusion Ratio = Investment in contract expected return under the contract* * expected return is calculated by multiplying the annual annuity payment by the multiplier on the appropriate table. Chapter 5, Exhibit 6b CCH Federal Taxation Basic Principles 20 of 34
  • 21. Annuities Example: John retired at age of 70 and purchased an annuity contract for $19,000. The annuity contract provides for him to receive $150 per month for life. Step One: Compute expected return under the contract. Multiplier from Table 2 16.0 x Annual annuity payments $1,800 ($150 x 12) = Expected return $28,800 Chapter 5, Exhibit 6c CCH Federal Taxation Basic Principles 21 of 34
  • 22. Annuities Step Two: Compute the exclusion ratio Exclusion Ratio = Investment in the contract Expected return under the contract 66% = $19,000 $28,800 Chapter 5, Exhibit 6d CCH Federal Taxation Basic Principles 22 of 34
  • 23. Annuities Step Three: Compute amount excluded Total payment for the year x Exclusion ratio = Amount of exclusion $1,800 x 66% = $1,188 The remainder of the annuity payment received ($1,800 - $1,188 = $612) is included in gross income. Chapter 5, Exhibit 6e CCH Federal Taxation Basic Principles 23 of 34
  • 24. Compensation for Injuries and Sickness Worker’s Compensation Amounts received as compensation for occupational personal injury or sickness are excluded from gross income. Amounts received as compensation for non-occupational personal injury or sickness are taxable. Chapter 5, Exhibit 7a CCH Federal Taxation Basic Principles 24 of 34
  • 25. Compensation for Injuries and Sickness Accident and Health Insurance Plans Benefits received from employee-paid plans are excluded from gross income. Benefits received from employer-paid plans are taxable UNLESS the following conditions are met: 1. Permanent injury or loss of bodily function if amounts are paid on the nature of the injury and not on work time lost. 2. Reimbursement for actual medical expenses incurred by employee, spouse or dependents. Chapter 5, Exhibit 7b CCH Federal Taxation Basic Principles 25 of 34
  • 26. Insurance Reimbursement Summary Insurance Plan Excluded from gross income Included in gross income Workers’ Compensation Amounts received as Amounts received as compensation for an Plans compensation for an occupational personal injury or sickness. non-occupational personal injury or sickness. Accident and Amounts received for personal Amounts received for personal Health Plans injury or sickness from employee- injury or sickness from employer- paid plans. paid plans. Note: For the above exclusions to apply, the benefits must be on account of 1. personal physical injuries or sickness or 2. emotional distress, limited to actual medical expenses incurred. Chapter 5, Exhibit 8 CCH Federal Taxation Basic Principles 26 of 34
  • 27. Damage Awards Tax Treatment for Damages Type Damages 1 Physical Injury or Sickness Excluded from taxable income 2 Non Physical Injury or Sickness Taxable, except if damages are used to pay for medical expenses related to emotional distress. 3 Lost Wages Taxable Income 4 Punitive Damages Taxable Income Chapter 5, Exhibit 9a CCH Federal Taxation Basic Principles 27 of 34
  • 28. Damage Awards Example: Sally’s professional reputation is damaged as a result of a false credit report. As a result of her ensuing emotional distress, Sally makes several visits to a qualified counselor, incurring medical expenses totaling $5,000. Later, she receives a $25,000 non-punitive award for damage to professional reputation. $5,000 of the $25,000 award is excludable. Chapter 5, Exhibit 9b CCH Federal Taxation Basic Principles 28 of 34
  • 29. Cafeteria Plans Tax Advantage of Cafeteria Plans Under a cafeteria plan, each employee is permitted to choose between cash or nontaxable benefits. Employees are not subject to federal income tax for the amount of menu items that are nontaxable. In addition, the cost of these fringes is deductible as compensation to the employer. Chapter 5, Exhibit 10a CCH Federal Taxation Basic Principles 29 of 34
  • 30. Cafeteria Plans Nontaxable Items Allowable Under Cafeteria Plans  Group-term life insurance coverage below $50,000  Health and accident protection and dental plans  Child care  Vacation days  Dependent care assistance  Adoption assistance Unused benefits from one plan year may not be accumulated by an employee and carried over to succeeding years. Chapter 5, Exhibit 10b CCH Federal Taxation Basic Principles 30 of 34
  • 31. Adoption Assistance An employee may exclude from gross income of up to $12,650 of adoption expenses per child, where such expenses are paid for by the taxpayer’s employer under a qualified adoption assistance program. Qualified adoption expenses include ordinary and necessary adoption expenses, court costs, attorney fees and other expenses incurred for the principal purpose of the legal adoption of a child. The exclusion is phased out for taxpayers with an adjusted gross income between $189,710 and $229,710. Chapter 5, Exhibit 11 CCH Federal Taxation Basic Principles 31 of 34
  • 32. Employee Tuition Reduction Plans Payments of up to $5,250 per year paid by an employer to, or on behalf of, an employee for tuition and course-related material may be excluded from employee income. Qualified educational expenses includes the payment or provision of tuition, fees, books, supplies, and equipment. Chapter 5, Exhibit 12 CCH Federal Taxation Basic Principles 32 of 34
  • 33. Dependent Care Assistance Program $5,000 exclusion A qualified dependent care assistance program is a separate written plan of an employer under which the employer pays or incurs dependent care costs for the exclusive benefit of employees. Employees can exclude up to $5,000 ($2,500 for married persons filing separately). Chapter 5, Exhibit 13a CCH Federal Taxation Basic Principles 33 of 34
  • 34. Dependent Care Assistance Program The exclusion is subject to an earned income limitation. An unmarried taxpayer may not exclude more than his or her earned income for the year. A married taxpayer may not exclude more than the lesser of his or her earned income or the spouse’s earned income. The earned income of an incapacitated or student spouse is deemed to be $250 per month for one qualifying dependent or $500 per month for 2 or more qualifying dependents. Chapter 5, Exhibit 13b CCH Federal Taxation Basic Principles 34 of 34