LAW OFFICES OF J.D. TEAM NUMBER________
Tax Town, ABA State 10000
Client
Tax Town, ABA State, 10000
Re: 2015-2016 Law Student Tax Challenge Problem
Mr. Paul,
Thank you for contacting our firm again this year to assist you in determining the tax consequences of your business and investment activities. We have completely analyzed all of your investments and will summarize the tax results for your review below. Your stock compensation package sounds great, but since you are receiving this as compensation for services, you must report this as income to the IRS. Unless you can show an inability to freely transfer the stock to someone other than your employer, or that the stock is subject to an obligation of providing future services or
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The remaining two-thirds of stock will not vest in 2015, because you can still forfeit the right to receive them. These shares will only be included in your future tax returns if you continue your employment with the company.
Congratulations on your new investment in the lemonade truck, though I’m sorry it’s not going as well as you would have liked. Lucky for you the IRS permits deductions for the expenses of starting a new business. There are two requirements for a deduction on account of start-up costs.
First, the payment must be paid in connection with creating a business. Within the past year you have incurred several expenses in connection with starting the business: (1) $1,000 of your own money as a down payment on the truck; (2) a $49,000 loan for the truck; (3) $750 for the lemonade maker; and (4) $1,500 on lemons, sugar, and boba tea.
Second, the expenses must be one that is allowed as a deduction. To be deducted the expense must be ordinary, necessary, and incurred during the taxable year in order to carry-on the business. In determining whether expenses are necessary, we look to the purpose in making the payments and whether they have a connection to the business. In your case this would be to have a place to run your business, and to have the equipment and inventory needed to make your product. A necessary expense is one that is appropriate and helpful for the business. It is both appropriate and extremely helpful to have a place
They have one child, Naomi, who is 3 years old and lived with them all year.
In order to deduct her moving expenses, she must meet certain conditions outlined in Reg. 1.217-2 (c). Helen meets the first two requirements (relevance to work test and distance test) without any issue. The third requirement has not yet been met yet though. This requirement is a minimum period of employment. Since she is a full-time employee, she must work full-time in this general location for at least 39 weeks during the 12 month period after the move. This does not mean she is not required to remain employed at her current place of work to meet this test. Even though she does not meet this requirement yet, she can deduct these expenses on the current years return or the year the reimbursement is paid to her by her employer. If she recognizes the expenses on this year’s return and does not end up meeting the requirement, she will have to include the deductions she took on this year’s return in next year’s gross income.
Which of the following is not a required test for the deduction of a business expense?
I appreciate the opportunity to advise you regarding the tax treatment for your loss of $25,406 in 2015 from your dog breeding activities. I understand that you decided to start breeding purebred terriers to keep yourself busy after your divorce with your husband in January. There are two possible ways to treat the loss under rulings in the Internal Revenue Code. One option is to treat your dog breeding activity as a business and deduct the losses on Schedule C, Profit or Loss from Business, of your individual income tax return. The second option is to treat your dog breeding as an activity not engaged in for profit, which does not allow you to deduct the
In a Court-reviewed opinion, we held that the phrase "all its stock" did not include "nonvoting stock which is limited and preferred as to dividends." 27 T.C. at 688. Thus, Hazleton Bakeries' distribution, which was in respect of only the nonvoting preferred stock, was not a distribution in complete cancellation or redemption of all its stock.
The $300,000 you earned is considered earned income; therefore, it should be reported as gross income on either a Schedule C of your individual income tax return or if you have reported your company as being a LLC, you can file a LLC return.
This distinction is important, as a business is allowed to deduct items such as travel, tool and home office expenses.
better to take a full advantage of reporting the income and report the business expenses as
Tax deductions are allowed to taxpayers only if specifically authorized by the Internal Revenue Code. Deductions allowable to individual taxpayers fall into four categories: trade or business expenses, expenses incurred for the production of income, losses, and personal expenses. In addition to discussing the general requirements for deductibility for each of the above types of expenses, this chapter also discusses the tax treatment of many commonly encountered expenses incurred by taxpayers, from trade or business expenses such as rent, insurance, interest, taxes, bad debts, etc. to employee business expenses (travel, transportation, etc.) to
As for stock options, the tax liability depends on whether the option is a nonqualified stock option (NQO) and an incentive stock option (ISO). When an NQO is exercised the tax liability will be at the ordinary income rate equal to the current fair market value minus the option exercise price. Upon sale the stock will be taxed at the capital gains rate equal to the sale of the stock minus the fair market value on date of exercise. An ISO does not have a tax consequence, though alternative minimum tax may be due. When the stock is sold, and if it had been held for more than one year from the date of exercise and more than two years from being grated, the spread will be taxed at the capital gains rate. Otherwise, the spread will be taxed as ordinary income.
As a part of a group project for entrepreneurship class, Megan and her group mates decided to make heads-up displays for motorcycle helmets or windscreens. Since they all ride motorcycles, they came together to make a product they all felt passionate about. Despite not taking the class very seriously, they entered the Salisbury business competition and ended up winning $26,000. They then applied for an LLC and made a bank account in the company’s name as the support kept
FAS 123(R) 5 states that an entity should recognize services received in a share based payment transaction when those services are received. 10 states that an entity shall account for compensation cost from share-based payment transactions with employees in accordance with the fair-value-based method. Under the fair-value-based method, the cost of services received from employees in exchange for awards of share-based compensation shall be measured based on the grant-date fair value of the equity instruments issued. A10-A17 discuss the acceptable methods of calculating fair value at the grant date. The grant-date fair value of the Murray options is $6. Following the guidance in Illustration 4(a), Share Options with Cliff Vesting, of FAS 123(R), compensation expense for the years ended December 31, 2006 & 2007 is $200,000 per year (calculation attached hereto).
The idea that morally dubious goals may be legitimate inside capitalism will be discussed in light of a tax avoidance case study. Apple, a multinational technology company, has avoided paying its fair amount of income tax for years. This paper will consider the structural embeddedness of Apple’s legitimised goal—the maximisation of profit—through the ‘Double Irish Dutch sandwich’ tax haven model. Durkheim’s theory of collective conscience was used in explaining the legitimisation of the company’s profits-driven goal, and how its amorality becomes apparent outside the economical sphere. This paper will also discuss the interconnected nature of the harm and benefits in the deal made between Ireland and Apple. The association between legitimations of Apple’s conduct and its socially challenging behaviour has been analysed to be ambiguous in the letter of the law. The conclusion will shed light on the morally grey area of a company’s responsibility to its shareholders versus the needs of the community.
Share based payments are one of the popular way to compensate executives, directors and other senior management employees. Some companies are also paying its suppliers and professional by issuing options or shares. IFRS 2 was introduced to define the way a company should account these transactions. It was initially implemented in January 2005 and has been amended several times.