Taxable or Non-Taxable Income?

Although most income you receive is taxable and must be reported on your federal income tax return, there are some instances when income may not be taxable.

The IRS offers the following list of items that do not have to be included as taxable income:

Adoption expense reimbursements for qualifying expenses
Child support payments
Gifts, bequests and inheritances
Workers’ compensation benefits (some exceptions may apply; see Publication 525, Taxable and Nontaxable Income)
Meals and lodging for the convenience of your employer
Compensatory damages awarded for physical injury or physical sickness
Welfare benefits
Cash rebates from a dealer or manufacturer
Some income may be taxable under certain circumstances, but not taxable in other situations. Examples of items that may or may not be included in your taxable income are:

Life insurance If you surrender a life insurance policy for cash, you must include in income any proceeds that are more than the cost of the life insurance policy. Life insurance proceeds, which were paid to you because of the insured person’s death, are generally not taxable unless the policy was turned over to you for a price.
Scholarship or fellowship grant If you are a candidate for a degree, you can exclude from income amounts you receive as a qualified scholarship or fellowship. Amounts used for room and board do not qualify for the exclusion.
Non-cash income Taxable income may be in a form other than cash. One example of this is bartering, which is an exchange of property or services. The fair market value of goods and services exchanged is fully taxable and must be included as income on Form 1040 of both parties.
All other items—including income such as wages, salaries, tips and unemployment compensation — are fully taxable and must be included in your income unless it is specifically excluded by law.

These examples are not all-inclusive. For more information, see Publication 525, Taxable and Nontaxable Income

Beware of States on Canceled Debt Deferral

I attended a tax seminar in New York today. I know, I live this wild, exciting life! One of the presenters pointed out a very good point. It is vital that you look at your state tax treatment on the cancellation of debt. While Federal tax law now says you can defer this gain many states do not agree. (Click here to see my previous post regarding the Federal break on the cancellation of business loans.) You could very well have a state tax burden on your canceled debt. Many states that normally base corporate tax on Federal law are “de-coupling” on this issue. This is a tax term that means the state is specifically excluding this break. California is one big state that has not added this break. In the current economic climate, with states desperate for tax dollars, it’s a good bet that most states will not give you benefit of this Federal tax break.

Relief on Cancellation of Business Debt Taxation

Have you renegotiated a business note or loan? Paid the note holder a lower amount than the principal balance currently owing in satisfaction of the note? This could be a great tip to postpone the tax impact. Yes, I said tax impact. Under normal circumstances the amount of loan that was “extinguished” without being paid should be “Cancellation of Debt” income to you. This applies whether you are operating as a corporation or as an individual. Well the 2009 Recovery Act has come to your rescue. Under the new law if you reacquire business debt you can elect to postpone the payment of tax. This is where it gets good. You get to spread the effects over five years! Not good enough? How about this? Continue reading

Canceled Debt – A Tax Nightmare?

In today’s troubled economy it is more and more common for common folks to negotiate mortgages and end up with better terms. In some extreme situations the bank may actually cancel some, or rarely, all of the principal balance of an outstanding loan. If you find yourself int his position be sure you know what the tax consequences are!

The general rule is; cancellation of debt income is taxable as ordinary income. Internal Revenue Code section 61 provides that gross income means all income regardless of the source from which it is derived. Section 61(a)(12) specifically includes “income from discharge of indebtedness” as an item of gross income.

Cancellation of debt (COD) income can arise in a number of areas, such as: Continue reading