Professional Documents
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Course Updates-2
Course Updates-2
Course Updates-2
The purpose of this document is to provide you with a list of items that have been updated in the June
2023 Regulation textbook version (V4.4). Additions, changes, and clarifications in the text have been
indicated with yellow highlight. All other text is unchanged from V4.3.
Becker students who have a version 4.3 Regulation textbook may purchase the new version 4.4 textbook
for a nominal cost. Please see the Becker website for more details.
Course Update
V4.4 Location V4.3 Location Description of Update Document
Page Number
Employer-Provided Parking
The value of employer-provided parking up to $300 per month (2023) may be excluded.
The exclusion is available even if the parking benefit is taken by the employee in place of
taxable cash compensation.
Transit Passes
The value of employer-provided transit passes up to $300 per month (2023) may be excluded.
Qualified Retirement Plans
y Payments Made by Employer (Nontaxable)
Generally,
y payments
p y made by y an employer
p y to a non-Roth retirement plan are not
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y Benefits Received (Taxable)
The amount contributed to the non-Roth retirement account that is exemptp from tax
(plus any
(p y income earned on such amount)) is taxable to the employee in the year in
which the amount is distributed to the employee.
Flexible Spending Arrangements (FSAs)
A flexible spending arrangement stems from a Section 125 employee flexible benefit plan.
The plan allows employees to receive a pretax reimbursement of certain (specified)
incurred expenses.
y Pretax Deposits Into Employee's Account
Employees have the ability to elect to have part of their salary (generally up to $3,050
for 2023) deposited pretax into a flexible spending account designated for them. These
deposits must be done via salary reduction directly by the employer, and the employee
is not taxed on that income. The employee has the option to use the deposited funds to
pay for qualified health care and/or qualified dependent care costs, and submits claims
to the plan administrator for reimbursement.
y Forfeit Funds Not Used Within 2½ Months After Year-End
An employee generally must use the money in an FSA within the plan year. Funds not
used within 2½ months after the year-end are forfeited. However, this grace period only
applies if the employer amended the plan accordingly. Alternatively, the employer may
amend the plan to allow an employee to carry over up to $610 per year (2023) to use in
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2.11 Annuities
An annuity is a contract between a taxpayer and an insurance company in which the taxpayer
contributes a lump-sum payment (or series of payments) and in return receives regular annuity
payments over time. There are two basic types of annuities: 1) fixed period annuities, in which
payments are received over a fixed period of time; and 2) life annuities, in which payments are
received over the taxpayer's lifetime.
Each annuity payment received by the taxpayer consists of return of investment (contributions),
which are nontaxable, and earnings, which are taxed as ordinary income. How much of each
annuity payment is nontaxable return of investment and how much is taxable earnings depends
on whether the annuity is a fixed period annuity or a life annuity.
Facts: Zoe purchased an annuity for $60,000 that would pay her $750 per month for
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Required: Calculate the amount of the taxable portion of each annuity payment received.
Solution:
Expected value of the annuity = $750 monthly annuity payment × 120 months = $90,000
Annuity exclusion ratio = $60,000 original investment / $90,000 expected value = 66.7%
return of capital
Taxable portion of each annuity payment = 100% – 66.7% = 33.3% × $750 monthly payment
b$249.75
6 Moving Expenses
Moving expense deductions are only allowed for members of the Armed Forces (or spouses and
dependents) on active duty who move pursuant to a military order and incident to a permanent
change of station.
Self-employed taxpayers with net business income are subject to two taxes: income tax and
self-employment (Social Security and Medicare) tax. Fifty percent of the self-employment tax is
deducted to arrive at adjusted gross income.
Self-employed individuals may deduct all of the health insurance premiums paid for the
taxpayer, spouse, and dependents, provided that the plan is set up in the name of the
self-employed individual or the individual's business. The deduction is limited to the amount of
the taxpayer's self-employment income. The health insurance premiums are deducted above
the line (adjustment), rather than as an itemized deduction subject to a percentage of AGI floor.
Self-employed
p y taxpayers
p y are allowed to deduct contributions made to q qualified self-employed
p
non-Roth retirement p plans as an above-the-line deduction (adjustment)
( j ) for AGI. As with
employer-sponsored
p y p non-Roth p plans, the earnings
g are not taxed until theyy are distributed.
Distributions from the pplan are fully
y taxable as ordinary
y income and are subject
j to the same
early
y and late distribution p
penalties as other retirement pplans. For p
plans that are designated as
Roth, contributions are not deductible and qualified distributions are nontaxable.
The maximum amount that a self-employed taxpayer can contribute to a self-employed
retirement plan each year depends on the type of plan. The most common self-employed
retirement plans are simplified employee pension (SEP) IRAs, savings incentive match plan for
employees (SIMPLE) IRAs, and Solo 401(k)s.
Example 2 &DOFXODWLQJ0D[LPXP$OORZDEOH&RQWULEXWLRQWRb6(3Ζ5$
Self-employment
p y net income (after deduction for one-half $100,000
of self-employment tax)
Times × 20%
Maximum allowable contribution $ 20,000
An example of forfeited interest is the interest penalty on early withdrawal of savings when
funds in a certificate of deposit are withdrawn before maturity.
11 Alimony
Alimony payments to a former spouse are adjustments deductible to arrive at AGI only for
divorce or separation agreements executed on or before December 31, 2018.
(continued)
Ordinary Income Property: The personal furniture contributed to Goodwill, a public charity,
has depreciated in value, so it is ordinary income property and is subject to the 50 percent
of AGI limitation. The amount of the contribution is the lesser of the cost basis or the FMV
at the date of contribution, which is $10,000.
Example 6 6PDOO(PSOR\HU5HWLUHPHQW3ODQ6WDUWXS&RVWV&UHGLW
Facts: Alice started a SEP IRA for her business in the current year that includes herself and two
employees. The eligible start-up costs were $1,200. Alice is not a highly compensated employee.
Required: &DOFXODWHWKHDPRXQWRI$OLFH
VVPDOOHPSOR\HUUHWLUHPHQWSODQVWDUWXSFRVWVbFUHGLW
Solution: The amount of the credit is $1,000, which is the greater of:
y 100 percent of the first $1,000 of eligible start-up costs: $1,000 × 100% = $1,000 or
y Lesser of: $250 × 3 employee-participants = $750, or $5,000
The credit is not refundable, and the unused amount is carried back one year and then
carried forward for 20 years. (Tax-exempt organizations, however, will receive a refund
of the tax credit.)
The costs for family members, sole-proprietors, partners, S corporation owners with
greater than two percent ownership, and shareholders owning more than five percent of
corporations are excluded.
If the expenses were used to qualify for the credit, they are not allowable as tax deductions
for employee benefits expense.
Illustration 2 ΖQFHQWLYH6WRFN2SWLRQ
On July 1, Year 10, Mary was granted an Incentive Stock Option (ISO) to purchase 200 shares of
her employer's stock for $120 per share. The FMV of the stock on the date of grant was $120.
Mary exercised these options on August 7, Year 11. The stock was selling for $150 per share
on the exercise date. On November 1, Year 12, Mary sold all of the shares for $200 per share.
Mary does not recognize any ordinary income at the date of grant because this qualifies as
an ISO.
Mary's adjusted basis in the stock is the exercise price of $24,000 (200 shares × $120).
Mary has a long-term capital gain in Year 12 in the amount of $16,000, which is the selling
price of $40,000 (200 shares × $200) less the adjusted basis of $24,000. The holding period
requirements have been met.
Mary's employer receives no deduction for the granting of the option.
3.2.1 Requirements
The plan must be written and approved by the shareholders.
An ESPP cannot grant options to any employee who has 5 percent or more combined voting
power of the corporation, parent, or subsidiary.
Generally, the plan must include all full-time employees other than highly compensated
employees and those with less than two years of employment.
The option exercise price may not be less than the lesser of 85 percent of the FMV of the
stock when granted or exercised.
The option cannot be exercised more than 27 months after the grant date.
1.4.2 Research and Development Tax Credit (Part of General Business Credit)
The research and development (R&D) tax credit is designed to stimulate research and
development activity of U.S. companies by reducing their after-tax cost.
The credit is generally calculated as 20 percent of the increase in qualified research
expenditures over a defined base amount.
The research tax credit can also be calculated using the alternative simplified credit.
The R&D tax credit is first computed separately and then is subject to the limitations of the
general business credit because it is a component of the general business credit.
"Qualified small businesses," defined as businesses with less than $5 million in annual gross
receipts and having gross receipts for no more than five years, are able to use the R&D tax
credit to offset the FICA employer portion of payroll tax. The amount of credit that can be
used to offset payroll tax is capped at $250,000 for each eligible year.
Unlike partnerships, S corporation shareholders do not include any S corporation debt in their
VWRFNEDVLV+RZHYHUDQ6FRUSRUDWLRQVKDUHKROGHUGRHVKDYHVHSDUDWHGHEWEDVLVLQORDQVIURP
WKHVKDUHKROGHUWRWKH6FRUSRUDWLRQ
6WRFNEDVLVFDQQRWEHUHGXFHGEHORZ]HUR7KLVDIIHFWVERWKWKHSDVVWKURXJKRI6FRUSRUDWLRQ
ORVVHVGHGXFWLRQVDQGWKHWD[WUHDWPHQWRIGLVWULEXWLRQVWRVKDUHKROGHUV
1. Activities
The conduct causing the injury need not actually have been authorized by the employer;
rather the conduct need only be (i) of the same general type the employee was hired to
perform; and (ii) actuated, at least in part, by a desire to serve the employer.
Although a bar owner might not authorize a bouncer to beat up boisterous customers, the
owner nevertheless can be held liable if this occurs because the conduct is of the same
general nature as the bouncer's job.
y Intentional Torts
The employer usually is liable only for an employee's negligence and is not liable for
LQWHQWLRQDOWRUWVVLQFHLQWHQWLRQDOWRUWVDUHVHOGRPZLWKLQWKHVFRSHRIbHPSOR\PHQW
However, where the tort is authorized or where use of force is authorized (as with a
ERXQFHUWKHHPSOR\HUFDQbEHbOLDEOH
y Crimes
An employer generally is not liable in tort for an employee's conduct that constitutes a
serious crime (e.g., carrying an illegal weapon).
Pass Key
The examiners often ask about a principal's liability for its agent's torts. Remember,
if the agent is an employee and committed a tort while trying to serve the principal/
employer, the principal/employer generally will be liable unless the tort was unexpected
HJbLOOHJDObFRQGXFW
Alex agrees to sell his car to Steve for $450. The parties agree to substitute a contract
for the sale of Alex's bike to Steve for $100. The new agreement is the accord; when it is
performed is the satisfaction.
1.16 Novation
Novation is available as a defense to a party who has been released from a contract. It occurs
when a new contract substitutes a new party for an old party in an existing contract. All parties
must agree to the release.
Illustration 14 Novation
Sam agrees to build a garage for Barb, but then gets a more lucrative construction job. Sam
asks Barb if it's OK to substitute Dee to build the garage. The parties agree to substitute
Dee and release Sam. There has been a novation.
A release or agreement to discharge one of the parties without replacing that party is not a
novation but rather a simple release. Such an agreement usually requires new consideration or
detrimental reliance to be enforceable.
Illustration 15 Condition
"I will pay you $10 if you mow my lawn." Mowing the lawn is an express condition to
payment of the $10.
A condition precedent is a condition that must occur before the other party must perform.
Conditions concurrent are conditions that must occur simultaneously. For example, the payment
of money and exchange of goods in most face-to-face sales contracts are conditions concurrent.
The parties make the exchange simultaneously. A condition subsequent is a condition that will
occur after a party's duty to perform has arisen and will cut off that duty.
1 Introduction
The Sales Article of the UCC ((Article 2) applies only to sales of goods. You already know a
substantial part of the Sales Article because it generally follows common law contracts discussed
earlier in this unit. This module will highlight the differences between the two. If an issue is not
covered, assume that the Sales Article follows the contract rule.
2 Creation of a Contract
1.4.1 Goods
Goods include consumer goods, inventory, and equipment. The category into which a particular
good falls is determined by how the debtor uses the item, not by the nature of the item.
If a debtor uses a car as a delivery vehicle for his business, it is equipment. If he uses a car
for household purposes, it is consumer goods. If he buys a car to sell at his auto dealership,
LWLVbLQYHQWRU\
1.4.4 Proceeds
Proceeds include whatever is received upon the sale, exchange, collection, or other disposition
of collateral.
Recall that attachment establishes the right of a creditor in collateral vis-a-vis the debtor.
Generally, a security interest will attach to an item of collateral if the parties agree that the
security interest will attach. The agreement can be in writing (including electronic documents)
or it can be oral if the secured party takes possession of the collateral (which is called a
pledge). If the security agreement is in writing, it must be signed
g by the debtor. Additionally,
the debtor must have rights in the collateral, and the creditor must have given value for the
VHFXULW\bLQWHUHVW
REG 1-28
© Becker Professional Education Corporation. All rights reserved.
Gross Income: Part 2
REG 1-31
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Gross Income: Part 2
REG 1-32
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Items From Other Entities
:KDWDUHWKH4%,GHGXFWLRQOLPLWDWLRQVEDVHGRQWKHWD[SD\HUމV
taxable income level for a qualified trade/business (QTB)?
REG 2-1
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Adjustments
REG 2-3
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Adjustments
• Roth IRAs
REG 2-6
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Adjustments
REG 2-7
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Adjustments
REG 2-8
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Itemized Deductions
REG 2-10
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Itemized Deductions
• $1,250 (2023), or
• Earned income plus $400.
REG 2-11
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Tax Computation and Credits
REG 2-20
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Tax Computation and Credits
REG 2-31
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Tax Computation and Credits
REG 2-34
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Cost Recovery
Limitations:
REG 3-27
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Cost Recovery
REG 3-29
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Corporate Taxable Income
REG 4-8
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Differences Between Book and Tax
REG 4-10
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Trusts and Gifts
REG 6-2
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Trusts and Gifts
REG 6-3
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Federal Tax Procedures
REG 7-24
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Becker Professional Education
Regulation Course Updates—June 2023
Course Update
V4.4 Location V4.3 Location Description of Update Document
Page Number
RII Topic D The text of Item 2.3 ‘The Tax’ was updated for
Same 70
Page D-1 inflation.
RIV Topic E The text of item 2.6 ‘Earned Income Credit’ was
Same 83
Page E-2 updated for inflation.
1 Worker Classification
1.1 Employee vs. Independent Contractor
For government regulation questions, know whether you are dealing with
an employee or an independent contractor. Businesses must consider:
Whether the business has the right to control the manner or method of
performing the work (employee) or not (independent contractor).
Whether the worker has his or her own tools (indicative of independent
contractor) or the business supplies them (indicative of employee).
Whether the worker is paid by the job (indicative of independent
contractor) or is salaried or is paid hourly (indicative of employee).
Whether the job is of limited duration (indicative of independent
contractor) or is continuous (indicative of employee).
Whether the worker receives benefits (indicative of employee).
2 Federal Insurance
Contributions Act (FICA)
FICA provides workers and their dependents with benefits in case of death,
disability, or retirement.
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review II D-1
Topic
Acquisition and Disposition of Assets XX
Acquisition and Disposition of Assets A
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review III A-1
Topic
Cost Recovery XX
Cost Recovery B
1 MACRS
The MACRS method is typically applied to depreciable assets placed in
service after 1986. Questions on the CPA Exam generally focus on the half-
year, mid-month, and mid-quarter conventions.
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review III B-1
B Cost Recovery
3 Bonus Depreciation
A taxpayer can take 80 percent bonus depreciation (2023) for personal
property with a recovery period of 20 years or less (including 15-year
qualified improvements). Bonus depreciation is taken after Section 179
expense and before regular MACRS depreciation.
Question 1 MCQ-09639
B-2 III Regulation Final Review © Becker Professional Education Corporation. All rights reserved.
Topic
Gift Taxation XX
Gift Taxation C
2 Unlimited Exclusion
Payments made directly to an educational institution.
Payments made directly to a health care provider for medical care.
Charitable gifts.
Marital deduction (must be a terminable interest).
3.1 Definition
The postponement of the right to use, possess, or enjoy the property
distinguishes a future interest from a present interest.
A present interest qualifies for the annual exclusion off $17,000 (2023).
A future interest (or a present interest without ascertainable value) does
not qualify for the annual exclusion.
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review III C-1
A Filing Status and Dependents
2 Dependents
Certain tax benefits, such as an advantageous filing status or certain tax
credits, require either a qualifying child or qualifying relative. Each category
has requirements.
Relative
Support Test: Qualifying child may not contribute more
or
than one-half of their own support.
Taxpayer lives with individual for whole year.
A-2 IV Regulation Final Review © Becker Professional Education Corporation. All rights reserved.
B Gross Income
2.5 Alimony
Alimony received from a divorce or separation agreement executed on
or before December 31, 2018 is taxable income to the recipient and an
adjustment from gross income for the payor.
B-2 IV Regulation Final Review © Becker Professional Education Corporation. All rights reserved.
Gross Income B
2.6.4 Net Loss
A Schedule C net loss is deductible against other Form 1040 income. Net
operating losses (NOLs) arising in 2018, 2019, and 2020 tax years can be
carried back five years (oldest year first) and carried forward indefinitely
to offset taxable income in other years. NOLs arising in 2021 and beyond
cannot be carried back but can be carried forward indefinitely. Post-2017
NOLs carried forward to post-2020 tax years can only offset 80% of taxable
income after deducting any pre-2018 NOL carryforwards.
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review IV B-3
Adjustments and Deductions Topic
Adjustments and Deductions to Arrive at Taxable Income XX
to Arrive at Taxable Income D
If a taxpayer is a participant
p in another plan, the deduction starts to
phase out when AGI is $73,000 and is fully phased
p p out when AGI is
$83,000 ($116,000–$136,000 AGI for MFJ) (2023).
If a taxpayer is not a participant in another plan but his or her spouse
p
is, the deduction starts to phase out when the couple’s
p AGI is $218,000
and is fully phased out when AGI is $228,000 (2023).
If a taxpayer (and spouse, if any) is not a participant in another plan,
there is no AGI phase-out for the deduction.
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review IV D-1
D Adjustments and Deductions to Arrive at Taxable Income
IRA Summary
Deductible Nondeductible
Roth IRA
Traditional IRA Traditional IRA
Maximum contribution $6,500 combined annual maximum contribution with $1,000 additional
(2023): “catch up” contribution for age 50 and older
Above-the-line deduction Yes No No
for contribution:
Withdrawals:
• Contributions Taxable Nontaxable Nontaxable
• Earnings Taxable Taxable Nontaxable
(if qualified distribution),
taxable (if nonqualified
distribution)
D-2 IV Regulation Final Review © Becker Professional Education Corporation. All rights reserved.
Adjustments and Deductions to Arrive at Taxable Income D
1.2.4 Self-Employed Retirement Plans
The maximum amount that a self-employed taxpayer can contribute to a
self-employed (S/E) retirement plan in 2023 depends on the type of plan.
SEP IRA
Lesser of 20 percent of S/E net income reduced by deduction for
one-half of S/E tax, orr $66,000 ($73,500 for taxpayers age 50 and older)
SIMPLE IRA
Lesser of 100 percent of S/E net income reduced by deduction for one-
half of S/E tax, orr $15,500 ($19,000 for taxpayers age 50 and older)
Solo 401(k)
Lesser of 20 percent of S/E net income reduced by deduction
for one-half of S/E tax, orr $66,000 ($73,500 if the taxpayer is age
50 or older)
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review IV D-3
D Adjustments and Deductions to Arrive at Taxable Income
Question 1 MCQ-09451
2023
Single (or MFS) $13,850
Head of Household $20,800
MFJ (or surviving spouse) $27,700
Forr 2023, the additional standard deduction for taxpayers who are elderly
(age 65 or older) and/or blind is $1,850 for unmarried taxpayers and
$1,500 for MFJ taxpayers.
D-4 IV Regulation Final Review © Becker Professional Education Corporation. All rights reserved.
Adjustments and Deductions to Arrive at Taxable Income D
2. Qualified Property: Any tangible, depreciable property that is held by
the business at the end of the year and is used at any point during the
year in the production of QBI.
3. Qualified Trade or Business (QTB): Any business other than a specified
service trade or business (SSTB).
4. Specified Service Trade or Business (SSTB): An SSTB is a trade or
business involving direct services in certain fields (such as health, law,
accounting, actuarial science, performing arts, consulting, athletics,
financial services, and brokerage), and any trade in which the principal
asset is the reputation or skill of one or more of its employees or owners.
Engineering and architectural services are specifically excluded from the
definition of SSTB.
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review IV D-7
E Tax Computations and Credits
JOINT
SINGLE
(both qualified)
5,000 GROSS GIVEN 7,500
( ALL ) (Social Security) ( ALL )
Balance Balance
x 15% Rate x 15%
Credit Credit
2.4.3 Phase-outs
Both higher education credits are phased out for higher-income taxpayers.
Phase-out begins with modified AGI of $80,000 ($160,000 MFJ) and is fully
phased out at $90,000 ($180,000 MFJ).
The taxpayer must live in the U.S. for more than half the taxable year
and meet certain low-income thresholds and other requirements.
The maximum basic earned income credit is between 7.65 and
45 percent of earned income, depending upon filing status and the
number of dependents (note that having zero dependents does not
preclude claiming the earned income credit).
E-2 IV Regulation Final Review © Becker Professional Education Corporation. All rights reserved.
Topic
Differences Between Book and Tax Income XX
Differences Between Book and Tax Income A
Corporation Tax Summary GAAP: Financial Statements IRC: Tax Return Temp. Perm. None
Gross Income
Gross sales Income Income 3
Installment sales Income Income when received 3
Rents and royalties in advance Income when earned Income when received 3
State tax refund Income Income 3
Dividends:
equity method Income is subsidiary's earnings Income is dividends-received
100/65/50% exclusion No exclusion Excluded forever 3 3
Items Not Includable in "Taxable Income"
State and municipal bond interest Income Not taxable income 3
Life insurance proceeds Income Generally not taxable income 3
Gain/loss on treasury stock Not reported Not reported 3
Ordinary Expenses
Cost of goods sold Currently expensed Uniform capitalization rules 3
Officers' compensation (top) Expense $1,000,000 limit 3
Bad debt Allowance (estimated) Direct write-off 3
Estimated liability for contingency
(e.g., warranty) Expense (accrue estimated) No deduction until paid 3
Interest expense: business loan Expense Deduct (up to limit) 3 3
Tax-free investment Expense Not deductible 3
Charitable contributions All expensed Limited to 10% of adjusted taxable income 3 3 3
Loss on abandonment/casualty Expense Deduct 3
Loss on worthless securities Expense Deduct 3
Depreciation: MACRS vs. straight-line Slow depreciation Fast depreciation 3
Section 179 depreciation Not allowed (must depreciate) $1,160,000 (2023) 3
Different basis of asset Use GAAP basis Use tax basis 3
Amortization: start-up/ $5,000 maximum/amortize excess over
organizational expenses Expense 15 years 3
Franchise Amortize Amortize over 15 years 3
Goodwill Impairment test Amortize over 15 years 3
Depletion: percentage vs.
straight-line (cost) Cost over years Percentage of sales 3
Percentage in excess of cost Not allowed Percentage of sales 3
Profit sharing and pension expense Expense accrued No deduction until paid 3
Accrued expense (50% owner/family) Expense accrued No deduction until paid 3
State taxes (paid) Expense Deduct 3
Meals Expense Generally 50% deductible 3
© Becker Professional Education Corporation. All rights reserved. Regulation Final Review V A-1