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In: Accounting

In details, discuss the inclusiveness of including all income on a tax return in the US....

In details, discuss the inclusiveness of including all income on a tax return in the US.

In details discuss the implied limits on deductions when no deductions are allowed unless specifically allowed in the code in the US.

Solutions

Expert Solution

IN US Tax Laws two types of tax payers are eligible to file return. One is resident and other one is non-resident.

Residents: Under US domestic law, a resident is defined as an individual who either is a lawful permanent resident (the “greencard” test), or meets the “substantial presence” test.

An individual who meets the substantial presence test is an individual who has been present in the United States for at least 31 days in the current calendar year and an aggregate of 183 days during the current and two preceding years, counting all the days of physical presence in the current year, one-third of the days in the first preceding year, and one-sixth of the days in the second preceding year.

NON- Resident

Person other than Resident is Non- Resident as per US Tax Laws.

Residents

There are four types of tax status that may apply to a resident:

  • married filing jointly
  • married filing separately
  • head of household
  • single.

Each filing status is subject to a different graduated tax rate scale. The tax rates for 2018 are shown in the tables on the next page. A couple will be considered to be married for U.S. federal tax purposes if they were legally married in a jurisdiction that recognizes their union and that marriage is recognized by at least one U.S. state, territory or possession, regardless of the couple’s domicile.

Income tax tables for 2018

Income Tax Tables for 2018

Taxable Income Bracket

Filing Status

Tax Rate

From USD

To USD

Percent

Married filing jointly

0

19,050

10

19,051

77,400

12

77,401

165,000

22

165,001

315,000

24

315,001

400,000

32

400,001

600,000

35

600,001

No limit

37

Married filing separately

0

9,525

10

9,526

38,700

12

38,701

82,500

22

82,501

157,500

24

157,501

200,000

32

200,001

300,000

35

300,001

No limit

37

Head of household

0

13,600

10

13,601

51,800

12

51,801

82,500

22

82,501

157,500

24

157,501

200,000

32

200,001

500,000

35

500,001

No limit

37

Single

0

9,325

10

9,526

37,950

12

38,701

91,900

22

82,501

191,650

24

157,501

416,700

32

200,001

418,400

35

500,001

No limit

37

Filing Status

Single

Married Filing Jointly

Married Filing Separately

Head of Household

0% if taxable income is less than

$38,600

$77,200

$38,600

$51,700

15% if taxable income is less than

$425,800

$479,000

$239,500

$452,400

20%if taxable income is over the above amount


It is generally more beneficial for married taxpayers to file using the status ”married filing jointly” versus ”married filing separately.” However, married individuals wishing to file a joint tax return generally may not do so if either spouse is a nonresident at any time during the tax year. Certain elections may be available to allow a married couple to use the married filing jointly status when one or both of the individuals is a nonresident during part of the year.

A taxpayer may also be subject to an alternative minimum tax. The alternative minimum tax is payable to the extent it exceeds an individual’s regular tax liability. The alternative minimum tax is figured using lower rates, but allows fewer deductions.

Taxable Income includes

  • Salary
  • Wages
  • Commissions
  • Professional Fees
  • Rental Income
  • Tuitions Fees
  • Self-Employed Income
  • Capital Gain
  • Interest Income
  • Dividends
  • State & Local Refunds
  • Alimony
  • Gains from Stock Options Exercises
  • profits from stocks or real estate sales,
  • winnings from the lottery, betting on horse races, or any casino (domestic or abroad).
  • Even the cash value of bartered items is considered taxable income.
  • Nonbusiness credit card debt cancellation

Other Income

  • Health Savings Account distributions
  • Qualified Medicaid Waiver Payments
  • Distributions from ABLE accounts

Expenses deductible

General Deductions

  • certain away-from-home business expenses such as travel, meals, and lodging may be deductible, if with respect to a temporary assignment of less than one year
  • qualified student loan interest
  • medical expenses in excess of 7.5 percent of adjusted gross income.
  • state and local income and property taxes, up to USD 10,000
  • charitable contributions
  • interest on home mortgage (limited to interest on acquisition debt of no more than USD 750,000 or USD 1.1 million if acquisition debt was incurred before December 15, 2017)
  • certain away-from-home business expenses such as travel, meals, and lodging may be deductible, if with respect to a temporary assignment of less than one year
  • qualified student loan interest
  • medical expenses in excess of 7.5 percent of adjusted gross income.
  • state and local income and property taxes, up to USD 10,000
  • charitable contributions
  • interest on home mortgage (limited to interest on acquisition debt of no more than USD 750,000 or USD 1.1 million if acquisition debt was incurred before December 15, 2017)
  • casualty and theft losses incurred in a federally-declared disaster (in excess of 10 percent of adjusted gross income)
  • Nonresidents are allowed to deduct those expenses that relate to income effectively connected to a U.S. trade or business. Qualifying charitable contributions, state and local income tax, and certain casualty losses are also allowed as itemized deductions to nonresidents.
  • In lieu of 'itemized deductions', such as those listed above, an individual who has been a resident for the entire taxable year may claim the standard deduction. The amount of the standard deduction is determined according to the filing status of the taxpayer

Filing status

2018
USD

Married filing jointly and surviving spouse

24,000

Married filing separately

12,000

Head of household

18,000

Single

12,000

Taxes You Paid

  • State and local income taxes or general sales tax
  • Foreign income tax
  • Estimated tax payments
  • Prior year's state and local income tax you paid during the tax year (do not include penalties).
  • Occupational taxes
  • Real estate tax (state, local or foreign).
  • Personal property taxes based on value. This includes auto registration or licensing fees, but only the portion based on value, and only if charged on a yearly basis. Varies by state.

Interest You Paid

  • Mortgage interest
  • Late payment charge on mortgage payment
  • Mortgage prepayment penalties
  • Points on principal residence financing
  • Mortgage insurance premiums.

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