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Most Recent Posts

Farmer Tax Break May Help Doctors And Lawyers – And House Cleaners – Among Others

Putting aside some complications and exceptions a corporation qualifies for this treatment if it is “operating on a cooperative basis”.  There is no election involved in being considered a cooperative or to be more precise “a corporation operating on a cooperative basis”. (We’ll just use cooperative from here on in.  Just remember we are using the tax definition.)  Corporations “operating on a cooperative basis” file Form 1120-C

Here is why you probably have heard of Subchapter S, but not Subchapter T. In 2015 according to IRS Publication 6292, there were 6,893,412 corporate income tax returns (1120) of all types filed.  Of those, 4,717,161 were 1120-S.  Form 1120-C – not so many, only 9,763.

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Joy Ford May Sing The Tax Court Blues

Joy Ford May Sing The Tax Court Blues

Bell Cove was not a moneymaker for Ms. Ford.  Quite the opposite – she posted over $200,000 in losses over that three year period.  As you might expect, since you are reading about this on my blog rather than Music Row, the IRS disallowed the losses.

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Loophole May Allow Highly Paid Professionals To Take Advantage Of 20% Deduction

The idealism around the worker-owner movement is pretty inspiring and has a deep history.  It makes me almost feel like the loophole is like the Ring of Power hidden in the Shire and that I am kind of like Saruman unleashing a band of bad guys into a kindly sector of the world.  I actually would feel pretty good, if there was a technical correction that fixed this, but always remember Reilly’s First Law of Tax Planning – It is what it is.  Deal with it.  I would hope the deduction stays intact for the bicycle mechanics, house cleaners and artisan bakers among others, who might only be getting a few hundred bucks out of it.  I’m afraid that a lot of them will miss it, because it is kind of obscure.  I’ll try to remember to post a reminder.

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Hobby Lobby Owner Loses Income Tax Deduction

Other than the indication that they sure have a lot of confidence in their son, the only other item of some interest is buried in the boilerplate section.  The beneficiaries of the trust are the descendants of the Greens, with one possible exception -“Any child or descendant who is born to persons out of wedlock shall not be considered as a “child” or “descendant” of such persons for purposes of this Trust Agreement ”  (There is a kind of shotgun marriage exception to the proscription).  Regardless it seems that disinheriting out-of-wedlock descendants does not align well with a strong pro-life view, but maybe that is just me.  To be fair the provision is boilerplate. I was presented with a trust instrument that included it for my own meager assets and had it modified.

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Cooperatives May Provide End Run Around Limitations On 20% Business Deduction

I think that one of the reasons that the concept has not taken hold very well in the land of the free and the home of the brave is that the people with entrepreneurial personalities who can really make a business go do not have a lot of patience with democratic governance.

That was the story with Fraternal Communion Number One founded by Adin Ballou.  The enterprise was pretty successful but the members with the largest capital ended up taking the enterprise over and turning it into the Town of Hopedale, Massachusetts, and Draper Industries.  It is an interesting story, which I shared in this piece and this one.

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Real Estate Investment Trusts, Publicly Traded Partnerships And The 20% Business Deduction

Real Estate Investment Trusts (REIT) and Publicly Traded Partnerships (PTP)  get special treatment in the Tax Cuts And Jobs Act (TCJA)- Sorry I just can’t call it tax reform. Maybe tax deform, but that sounds silly.  TCJA repealed Section 199, a kind of freebie 9% deduction, that created a frenzy of gaming in somewhat limited circles – Brewing coffee is manufacturing. I mean who knew? -and replaced it with a much broader 20% deduction (Section 199A). To qualify for the deduction your trade or business has to be paying people W-2 wages or have depreciable assets if your taxable income exceeds a threshold.  REIT dividends and PTP flow-through income get the 20% deduction with no strings.

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Senate Snuck A Tax Break For Subsidy Farmers Into Tax Cuts And Jobs Act

But where is the break for subsidy farmers?  In adding 461(l), the Act suspends 461(j).  Section 469(j) was a hoop that is between at-risk and passive activities, that I ignored in my original analysis.  I could say that I ignored it, because it is not generally applicable, but that would be lying.  I ignored it because it was not something I knew about.  Not a lot of amber waves of grain in Central Massachusetts. Anyway if you are getting any of a variety of agricultural subsidies that our hardy self-reliant farmers might get and like old Calhoun there still manage to lose money farming, 461(j) limits your loss and kicks it into the next year in a manner similar to 469.

The threshold is the greater of $300,000 or the aggregate net farming profits in the last five years.  Under 461(j), Calhoun in both of the scenarios above would have $700,000 of his farm loss suspended.  So being subject to 461(l) is a somewhat better deal for the salaried Calhoun and a home run for the one with the dealerships.

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