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Indiana State Tax Forms 2011

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Indiana State Tax Forms 2011

Indiana state tax forms 2011 Publication 938 - Introductory Material Table of Contents Introduction Introduction Section references are to the Internal Revenue Code unless otherwise noted. Indiana state tax forms 2011 This publication contains directories relating to real estate mortgage investment conduits (REMICs) and collateralized debt obligations (CDOs). Indiana state tax forms 2011 The directory for each calendar quarter is based on information submitted to the IRS during that quarter. Indiana state tax forms 2011 For each quarter, there is a directory of new REMICs and CDOs and, if required, a section containing amended listings. Indiana state tax forms 2011 You can use the directory to find the representative of the REMIC or the issuer of the CDO from whom you can request tax information. Indiana state tax forms 2011 The amended listing section shows changes to previously listed REMICs and CDOs. Indiana state tax forms 2011 The update for each calendar quarter will be added to this publication approximately six weeks after the end of the quarter. Indiana state tax forms 2011 Publication 938 is only available on the Internet. Indiana state tax forms 2011 To get Publication 938, including prior issues, visit IRS. Indiana state tax forms 2011 gov. Indiana state tax forms 2011 Future developments. Indiana state tax forms 2011   The IRS has created a page on IRS. Indiana state tax forms 2011 gov that includes information about Publication 938 at www. Indiana state tax forms 2011 irs. Indiana state tax forms 2011 gov/pub938. Indiana state tax forms 2011 Information about any future developments affecting Publication 938 (such as legislation enacted after we release it) will be posted on that page. Indiana state tax forms 2011 Other information. Indiana state tax forms 2011   Publication 550, Investment Income and Expenses, discusses the tax treatment that applies to holders of these investment products. Indiana state tax forms 2011 For other information about REMICs, see sections 860A through 860G and the regulations issued under those sections. Indiana state tax forms 2011 Prev  Up  Next   Home   More Online Publications
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The Indiana State Tax Forms 2011

Indiana state tax forms 2011 1. Indiana state tax forms 2011   Deducting Business Expenses Table of Contents What's New Introduction Topics - This chapter discusses: Useful Items - You may want to see: What Can I Deduct?Cost of Goods Sold Capital Expenses Capital versus Deductible Expenses Personal versus Business Expenses How Much Can I Deduct?Not-for-profit limits. Indiana state tax forms 2011 At-risk limits. Indiana state tax forms 2011 Passive activities. Indiana state tax forms 2011 Net operating loss. Indiana state tax forms 2011 When Can I Deduct an Expense?Economic performance. Indiana state tax forms 2011 Not-for-Profit ActivitiesGross Income Limit on Deductions What's New Optional safe harbor method to determine the business use of a home deduction. Indiana state tax forms 2011  Beginning in 2013, you can use the optional safe harbor method to determine the deduction for the business use of your home. Indiana state tax forms 2011 See Optional safe harbor method under Business use of your home , later. Indiana state tax forms 2011 Introduction This chapter covers the general rules for deducting business expenses. Indiana state tax forms 2011 Business expenses are the costs of carrying on a trade or business, and they are usually deductible if the business is operated to make a profit. Indiana state tax forms 2011 Topics - This chapter discusses: What you can deduct How much you can deduct When you can deduct Not-for-profit activities Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 463 Travel, Entertainment, Gift, and Car Expenses 525 Taxable and Nontaxable Income 529 Miscellaneous Deductions 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 538 Accounting Periods and Methods 542 Corporations 547 Casualties, Disasters, and Thefts 587 Business Use of Your Home 925 Passive Activity and At-Risk Rules 936 Home Mortgage Interest Deduction 946 How To Depreciate Property Form (and Instructions) Sch A (Form 1040) Itemized Deductions 5213 Election To Postpone Determination as To Whether the Presumption Applies That an Activity Is Engaged in for Profit See chapter 12 for information about getting publications and forms. Indiana state tax forms 2011 What Can I Deduct? To be deductible, a business expense must be both ordinary and necessary. Indiana state tax forms 2011 An ordinary expense is one that is common and accepted in your industry. Indiana state tax forms 2011 A necessary expense is one that is helpful and appropriate for your trade or business. Indiana state tax forms 2011 An expense does not have to be indispensable to be considered necessary. Indiana state tax forms 2011 Even though an expense may be ordinary and necessary, you may not be allowed to deduct the expense in the year you paid or incurred it. Indiana state tax forms 2011 In some cases you may not be allowed to deduct the expense at all. Indiana state tax forms 2011 Therefore, it is important to distinguish usual business expenses from expenses that include the following. Indiana state tax forms 2011 The expenses used to figure cost of goods sold, Capital expenses, and Personal expenses. Indiana state tax forms 2011 Cost of Goods Sold If your business manufactures products or purchases them for resale, you generally must value inventory at the beginning and end of each tax year to determine your cost of goods sold. Indiana state tax forms 2011 Some of your business expenses may be included in figuring cost of goods sold. Indiana state tax forms 2011 Cost of goods sold is deducted from your gross receipts to figure your gross profit for the year. Indiana state tax forms 2011 If you include an expense in the cost of goods sold, you cannot deduct it again as a business expense. Indiana state tax forms 2011 The following are types of expenses that go into figuring cost of goods sold. Indiana state tax forms 2011 The cost of products or raw materials, including freight. Indiana state tax forms 2011 Storage. Indiana state tax forms 2011 Direct labor (including contributions to pension or annuity plans) for workers who produce the products. Indiana state tax forms 2011 Factory overhead. Indiana state tax forms 2011 Under the uniform capitalization rules, you must capitalize the direct costs and part of the indirect costs for certain production or resale activities. Indiana state tax forms 2011 Indirect costs include rent, interest, taxes, storage, purchasing, processing, repackaging, handling, and administrative costs. Indiana state tax forms 2011 This rule does not apply to personal property you acquire for resale if your average annual gross receipts (or those of your predecessor) for the preceding 3 tax years are not more than $10 million. Indiana state tax forms 2011 For more information, see the following sources. Indiana state tax forms 2011 Cost of goods sold—chapter 6 of Publication 334. Indiana state tax forms 2011 Inventories—Publication 538. Indiana state tax forms 2011 Uniform capitalization rules—Publication 538 and section 263A of the Internal Revenue Code and the related regulations. Indiana state tax forms 2011 Capital Expenses You must capitalize, rather than deduct, some costs. Indiana state tax forms 2011 These costs are a part of your investment in your business and are called “capital expenses. Indiana state tax forms 2011 ” Capital expenses are considered assets in your business. Indiana state tax forms 2011 In general, you capitalize three types of costs. Indiana state tax forms 2011 Business start-up costs (See Tip below). Indiana state tax forms 2011 Business assets. Indiana state tax forms 2011 Improvements. Indiana state tax forms 2011 You can elect to deduct or amortize certain business start-up costs. Indiana state tax forms 2011 See chapters 7 and 8. Indiana state tax forms 2011 Cost recovery. Indiana state tax forms 2011   Although you generally cannot take a current deduction for a capital expense, you may be able to recover the amount you spend through depreciation, amortization, or depletion. Indiana state tax forms 2011 These recovery methods allow you to deduct part of your cost each year. Indiana state tax forms 2011 In this way, you are able to recover your capital expense. Indiana state tax forms 2011 See Amortization (chapter 8) and Depletion (chapter 9) in this publication. Indiana state tax forms 2011 A taxpayer can elect to deduct a portion of the costs of certain depreciable property as a section 179 deduction. Indiana state tax forms 2011 A greater portion of these costs can be deducted if the property is qualified disaster assistance property. Indiana state tax forms 2011 See Publication 946 for details. Indiana state tax forms 2011 Going Into Business The costs of getting started in business, before you actually begin business operations, are capital expenses. Indiana state tax forms 2011 These costs may include expenses for advertising, travel, or wages for training employees. Indiana state tax forms 2011 If you go into business. Indiana state tax forms 2011   When you go into business, treat all costs you had to get your business started as capital expenses. Indiana state tax forms 2011   Usually you recover costs for a particular asset through depreciation. Indiana state tax forms 2011 Generally, you cannot recover other costs until you sell the business or otherwise go out of business. Indiana state tax forms 2011 However, you can choose to amortize certain costs for setting up your business. Indiana state tax forms 2011 See Starting a Business in chapter 8 for more information on business start-up costs. Indiana state tax forms 2011 If your attempt to go into business is unsuccessful. Indiana state tax forms 2011   If you are an individual and your attempt to go into business is not successful, the expenses you had in trying to establish yourself in business fall into two categories. Indiana state tax forms 2011 The costs you had before making a decision to acquire or begin a specific business. Indiana state tax forms 2011 These costs are personal and nondeductible. Indiana state tax forms 2011 They include any costs incurred during a general search for, or preliminary investigation of, a business or investment possibility. Indiana state tax forms 2011 The costs you had in your attempt to acquire or begin a specific business. Indiana state tax forms 2011 These costs are capital expenses and you can deduct them as a capital loss. Indiana state tax forms 2011   If you are a corporation and your attempt to go into a new trade or business is not successful, you may be able to deduct all investigatory costs as a loss. Indiana state tax forms 2011   The costs of any assets acquired during your unsuccessful attempt to go into business are a part of your basis in the assets. Indiana state tax forms 2011 You cannot take a deduction for these costs. Indiana state tax forms 2011 You will recover the costs of these assets when you dispose of them. Indiana state tax forms 2011 Business Assets There are many different kinds of business assets; for example, land, buildings, machinery, furniture, trucks, patents, and franchise rights. Indiana state tax forms 2011 You must fully capitalize the cost of these assets, including freight and installation charges. Indiana state tax forms 2011 Certain property you produce for use in your trade or business must be capitalized under the uniform capitalization rules. Indiana state tax forms 2011 See Regulations section 1. Indiana state tax forms 2011 263A-2 for information on these rules. Indiana state tax forms 2011 Improvements Improvements are generally major expenditures. Indiana state tax forms 2011 Some examples are: new electric wiring, a new roof, a new floor, new plumbing, bricking up windows to strengthen a wall, and lighting improvements. Indiana state tax forms 2011 The costs of making improvements to a business asset are capital expenses if the improvements add to the value of the asset, appreciably lengthen the time you can use it, or adapt it to a different use. Indiana state tax forms 2011 Beginning in 2014, you must capitalize as improvements costs that are for the betterment of a unit of property, restore the unit of property, or adapt the unit of property to a new or different use. Indiana state tax forms 2011 Temporary regulations allow you to capitalize costs meeting the above criteria for tax years beginning after 2011. Indiana state tax forms 2011 However, you can currently deduct repairs that keep your property in a normal efficient operating condition as a business expense. Indiana state tax forms 2011 Treat as repairs amounts paid to replace parts of a machine that only keep it in a normal operating condition. Indiana state tax forms 2011 Restoration plan. Indiana state tax forms 2011   Capitalize the cost of reconditioning, improving, or altering your property as part of a general restoration plan to make it suitable for your business. Indiana state tax forms 2011 This applies even if some of the work would by itself be classified as repairs. Indiana state tax forms 2011 Capital versus Deductible Expenses To help you distinguish between capital and deductible expenses, different examples are given below. Indiana state tax forms 2011 Motor vehicles. Indiana state tax forms 2011   You usually capitalize the cost of a motor vehicle you use in your business. Indiana state tax forms 2011 You can recover its cost through annual deductions for depreciation. Indiana state tax forms 2011   There are dollar limits on the depreciation you can claim each year on passenger automobiles used in your business. Indiana state tax forms 2011 See Publication 463. Indiana state tax forms 2011   Generally, repairs you make to your business vehicle are currently deductible. Indiana state tax forms 2011 However, amounts you pay to recondition and overhaul a business vehicle are capital expenses and are recovered through depreciation. Indiana state tax forms 2011 Roads and driveways. Indiana state tax forms 2011    The cost of building a private road on your business property and the cost of replacing a gravel driveway with a concrete one are capital expenses you may be able to depreciate. Indiana state tax forms 2011 The cost of maintaining a private road on your business property is a deductible expense. Indiana state tax forms 2011 Tools. Indiana state tax forms 2011   Unless the uniform capitalization rules apply, amounts spent for tools used in your business are deductible expenses if the tools have a life expectancy of less than 1 year or their cost is minor. Indiana state tax forms 2011 Machinery parts. Indiana state tax forms 2011   Unless the uniform capitalization rules apply, the cost of replacing short-lived parts of a machine to keep it in good working condition, but not add to its life, is a deductible expense. Indiana state tax forms 2011 Heating equipment. Indiana state tax forms 2011   The cost of changing from one heating system to another is a capital expense. Indiana state tax forms 2011 Personal versus Business Expenses Generally, you cannot deduct personal, living, or family expenses. Indiana state tax forms 2011 However, if you have an expense for something that is used partly for business and partly for personal purposes, divide the total cost between the business and personal parts. Indiana state tax forms 2011 You can deduct the business part. Indiana state tax forms 2011 For example, if you borrow money and use 70% of it for business and the other 30% for a family vacation, you generally can deduct 70% of the interest as a business expense. Indiana state tax forms 2011 The remaining 30% is personal interest and generally is not deductible. Indiana state tax forms 2011 See chapter 4 for information on deducting interest and the allocation rules. Indiana state tax forms 2011 Business use of your home. Indiana state tax forms 2011   If you use part of your home for business, you may be able to deduct expenses for the business use of your home. Indiana state tax forms 2011 These expenses may include mortgage interest, insurance, utilities, repairs, and depreciation. Indiana state tax forms 2011   To qualify to claim expenses for the business use of your home, you must meet both of the following tests. Indiana state tax forms 2011 The business part of your home must be used exclusively and regularly for your trade or business. Indiana state tax forms 2011 The business part of your home must be: Your principal place of business, or A place where you meet or deal with patients, clients, or customers in the normal course of your trade or business, or A separate structure (not attached to your home) used in connection with your trade or business. Indiana state tax forms 2011   You generally do not have to meet the exclusive use test for the part of your home that you regularly use either for the storage of inventory or product samples, or as a daycare facility. Indiana state tax forms 2011   Your home office qualifies as your principal place of business if you meet the following requirements. Indiana state tax forms 2011 You use the office exclusively and regularly for administrative or management activities of your trade or business. Indiana state tax forms 2011 You have no other fixed location where you conduct substantial administrative or management activities of your trade or business. Indiana state tax forms 2011   If you have more than one business location, determine your principal place of business based on the following factors. Indiana state tax forms 2011 The relative importance of the activities performed at each location. Indiana state tax forms 2011 If the relative importance factor does not determine your principal place of business, consider the time spent at each location. Indiana state tax forms 2011 Optional safe harbor method. Indiana state tax forms 2011   Beginning in 2013, individual taxpayers can use the optional safe harbor method to determine the amount of deductible expenses attributable to certain business use of a residence during the tax year. Indiana state tax forms 2011 This method is an alternative to the calculation, allocation, and substantiation of actual expenses. Indiana state tax forms 2011   The deduction under the optional method is limited to $1,500 per year based on $5 a square foot for up to 300 square feet. Indiana state tax forms 2011 Under this method, you claim your allowable mortgage interest, real estate taxes, and casualty losses on the home as itemized deductions on Schedule A (Form 1040). Indiana state tax forms 2011 You are not required to allocate these deductions between personal and business use, as is required under the regular method. Indiana state tax forms 2011 If you use the optional method, you cannot depreciate the portion of your home used in a trade or business. Indiana state tax forms 2011   Business expenses unrelated to the home, such as advertising, supplies, and wages paid to employees, are still fully deductible. Indiana state tax forms 2011 All of the requirements discussed earlier under Business use of your home still apply. Indiana state tax forms 2011   For more information on the deduction for business use of your home, including the optional safe harbor method, see Publication 587. Indiana state tax forms 2011    If you were entitled to deduct depreciation on the part of your home used for business, you cannot exclude the part of the gain from the sale of your home that equals any depreciation you deducted (or could have deducted) for periods after May 6, 1997. Indiana state tax forms 2011 Business use of your car. Indiana state tax forms 2011   If you use your car exclusively in your business, you can deduct car expenses. Indiana state tax forms 2011 If you use your car for both business and personal purposes, you must divide your expenses based on actual mileage. Indiana state tax forms 2011 Generally, commuting expenses between your home and your business location, within the area of your tax home, are not deductible. Indiana state tax forms 2011   You can deduct actual car expenses, which include depreciation (or lease payments), gas and oil, tires, repairs, tune-ups, insurance, and registration fees. Indiana state tax forms 2011 Or, instead of figuring the business part of these actual expenses, you may be able to use the standard mileage rate to figure your deduction. Indiana state tax forms 2011 Beginning in 2013, the standard mileage rate is 56. Indiana state tax forms 2011 5 cents per mile. Indiana state tax forms 2011   If you are self-employed, you can also deduct the business part of interest on your car loan, state and local personal property tax on the car, parking fees, and tolls, whether or not you claim the standard mileage rate. Indiana state tax forms 2011   For more information on car expenses and the rules for using the standard mileage rate, see Publication 463. Indiana state tax forms 2011 How Much Can I Deduct? Generally, you can deduct the full amount of a business expense if it meets the criteria of ordinary and necessary and it is not a capital expense. Indiana state tax forms 2011 Recovery of amount deducted (tax benefit rule). Indiana state tax forms 2011   If you recover part of an expense in the same tax year in which you would have claimed a deduction, reduce your current year expense by the amount of the recovery. Indiana state tax forms 2011 If you have a recovery in a later year, include the recovered amount in income in that year. Indiana state tax forms 2011 However, if part of the deduction for the expense did not reduce your tax, you do not have to include that part of the recovered amount in income. Indiana state tax forms 2011   For more information on recoveries and the tax benefit rule, see Publication 525. Indiana state tax forms 2011 Payments in kind. Indiana state tax forms 2011   If you provide services to pay a business expense, the amount you can deduct is limited to your out-of-pocket costs. Indiana state tax forms 2011 You cannot deduct the cost of your own labor. Indiana state tax forms 2011   Similarly, if you pay a business expense in goods or other property, you can deduct only what the property costs you. Indiana state tax forms 2011 If these costs are included in the cost of goods sold, do not deduct them again as a business expense. Indiana state tax forms 2011 Limits on losses. Indiana state tax forms 2011   If your deductions for an investment or business activity are more than the income it brings in, you have a loss. Indiana state tax forms 2011 There may be limits on how much of the loss you can deduct. Indiana state tax forms 2011 Not-for-profit limits. Indiana state tax forms 2011   If you carry on your business activity without the intention of making a profit, you cannot use a loss from it to offset other income. Indiana state tax forms 2011 See Not-for-Profit Activities , later. Indiana state tax forms 2011 At-risk limits. Indiana state tax forms 2011   Generally, a deductible loss from a trade or business or other income-producing activity is limited to the investment you have “at risk” in the activity. Indiana state tax forms 2011 You are at risk in any activity for the following. Indiana state tax forms 2011 The money and adjusted basis of property you contribute to the activity. Indiana state tax forms 2011 Amounts you borrow for use in the activity if: You are personally liable for repayment, or You pledge property (other than property used in the activity) as security for the loan. Indiana state tax forms 2011 For more information, see Publication 925. Indiana state tax forms 2011 Passive activities. Indiana state tax forms 2011   Generally, you are in a passive activity if you have a trade or business activity in which you do not materially participate, or a rental activity. Indiana state tax forms 2011 In general, deductions for losses from passive activities only offset income from passive activities. Indiana state tax forms 2011 You cannot use any excess deductions to offset other income. Indiana state tax forms 2011 In addition, passive activity credits can only offset the tax on net passive income. Indiana state tax forms 2011 Any excess loss or credits are carried over to later years. Indiana state tax forms 2011 Suspended passive losses are fully deductible in the year you completely dispose of the activity. Indiana state tax forms 2011 For more information, see Publication 925. Indiana state tax forms 2011 Net operating loss. Indiana state tax forms 2011   If your deductions are more than your income for the year, you may have a “net operating loss. Indiana state tax forms 2011 ” You can use a net operating loss to lower your taxes in other years. Indiana state tax forms 2011 See Publication 536 for more information. Indiana state tax forms 2011   See Publication 542 for information about net operating losses of corporations. Indiana state tax forms 2011 When Can I Deduct an Expense? When you can deduct an expense depends on your accounting method. Indiana state tax forms 2011 An accounting method is a set of rules used to determine when and how income and expenses are reported. Indiana state tax forms 2011 The two basic methods are the cash method and the accrual method. Indiana state tax forms 2011 Whichever method you choose must clearly reflect income. Indiana state tax forms 2011 For more information on accounting methods, see Publication 538. Indiana state tax forms 2011 Cash method. Indiana state tax forms 2011   Under the cash method of accounting, you generally deduct business expenses in the tax year you pay them. Indiana state tax forms 2011 Accrual method. Indiana state tax forms 2011   Under an accrual method of accounting, you generally deduct business expenses when both of the following apply. Indiana state tax forms 2011 The all-events test has been met. Indiana state tax forms 2011 The test is met when: All events have occurred that fix the fact of liability, and The liability can be determined with reasonable accuracy. Indiana state tax forms 2011 Economic performance has occurred. Indiana state tax forms 2011 Economic performance. Indiana state tax forms 2011   You generally cannot deduct or capitalize a business expense until economic performance occurs. Indiana state tax forms 2011 If your expense is for property or services provided to you, or for your use of property, economic performance occurs as the property or services are provided, or the property is used. Indiana state tax forms 2011 If your expense is for property or services you provide to others, economic performance occurs as you provide the property or services. Indiana state tax forms 2011 Example. Indiana state tax forms 2011 Your tax year is the calendar year. Indiana state tax forms 2011 In December 2013, the Field Plumbing Company did some repair work at your place of business and sent you a bill for $600. Indiana state tax forms 2011 You paid it by check in January 2014. Indiana state tax forms 2011 If you use the accrual method of accounting, deduct the $600 on your tax return for 2013 because all events have occurred to “fix” the fact of liability (in this case the work was completed), the liability can be determined, and economic performance occurred in that year. Indiana state tax forms 2011 If you use the cash method of accounting, deduct the expense on your 2014 return. Indiana state tax forms 2011 Prepayment. Indiana state tax forms 2011   You generally cannot deduct expenses in advance, even if you pay them in advance. Indiana state tax forms 2011 This rule applies to both the cash and accrual methods. Indiana state tax forms 2011 It applies to prepaid interest, prepaid insurance premiums, and any other expense paid far enough in advance to, in effect, create an asset with a useful life extending substantially beyond the end of the current tax year. Indiana state tax forms 2011 Example. Indiana state tax forms 2011 In 2013, you sign a 10-year lease and immediately pay your rent for the first 3 years. Indiana state tax forms 2011 Even though you paid the rent for 2013, 2014, and 2015, you can only deduct the rent for 2013 on your 2013 tax return. Indiana state tax forms 2011 You can deduct the rent for 2014 and 2015 on your tax returns for those years. Indiana state tax forms 2011 Contested liability. Indiana state tax forms 2011   Under the cash method, you can deduct a contested liability only in the year you pay the liability. Indiana state tax forms 2011 Under the accrual method, you can deduct contested liabilities such as taxes (except foreign or U. Indiana state tax forms 2011 S. Indiana state tax forms 2011 possession income, war profits, and excess profits taxes) either in the tax year you pay the liability (or transfer money or other property to satisfy the obligation) or in the tax year you settle the contest. Indiana state tax forms 2011 However, to take the deduction in the year of payment or transfer, you must meet certain conditions. Indiana state tax forms 2011 See Regulations section 1. Indiana state tax forms 2011 461-2. Indiana state tax forms 2011 Related person. Indiana state tax forms 2011   Under an accrual method of accounting, you generally deduct expenses when you incur them, even if you have not yet paid them. Indiana state tax forms 2011 However, if you and the person you owe are related and that person uses the cash method of accounting, you must pay the expense before you can deduct it. Indiana state tax forms 2011 Your deduction is allowed when the amount is includible in income by the related cash method payee. Indiana state tax forms 2011 See Related Persons in Publication 538. Indiana state tax forms 2011 Not-for-Profit Activities If you do not carry on your business or investment activity to make a profit, you cannot use a loss from the activity to offset other income. Indiana state tax forms 2011 Activities you do as a hobby, or mainly for sport or recreation, are often not entered into for profit. Indiana state tax forms 2011 The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. Indiana state tax forms 2011 It does not apply to corporations other than S corporations. Indiana state tax forms 2011 In determining whether you are carrying on an activity for profit, several factors are taken into account. Indiana state tax forms 2011 No one factor alone is decisive. Indiana state tax forms 2011 Among the factors to consider are whether: You carry on the activity in a businesslike manner, The time and effort you put into the activity indicate you intend to make it profitable, You depend on the income for your livelihood, Your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business), You change your methods of operation in an attempt to improve profitability, You (or your advisors) have the knowledge needed to carry on the activity as a successful business, You were successful in making a profit in similar activities in the past, The activity makes a profit in some years, and You can expect to make a future profit from the appreciation of the assets used in the activity. Indiana state tax forms 2011 Presumption of profit. Indiana state tax forms 2011   An activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax years, including the current year. Indiana state tax forms 2011 Activities that consist primarily of breeding, training, showing, or racing horses are presumed carried on for profit if they produced a profit in at least 2 of the last 7 tax years, including the current year. Indiana state tax forms 2011 The activity must be substantially the same for each year within this period. Indiana state tax forms 2011 You have a profit when the gross income from an activity exceeds the deductions. Indiana state tax forms 2011   If a taxpayer dies before the end of the 5-year (or 7-year) period, the “test” period ends on the date of the taxpayer's death. Indiana state tax forms 2011   If your business or investment activity passes this 3- (or 2-) years-of-profit test, the IRS will presume it is carried on for profit. Indiana state tax forms 2011 This means the limits discussed here will not apply. Indiana state tax forms 2011 You can take all your business deductions from the activity, even for the years that you have a loss. Indiana state tax forms 2011 You can rely on this presumption unless the IRS later shows it to be invalid. Indiana state tax forms 2011 Using the presumption later. Indiana state tax forms 2011   If you are starting an activity and do not have 3 (or 2) years showing a profit, you can elect to have the presumption made after you have the 5 (or 7) years of experience allowed by the test. Indiana state tax forms 2011   You can elect to do this by filing Form 5213. Indiana state tax forms 2011 Filing this form postpones any determination that your activity is not carried on for profit until 5 (or 7) years have passed since you started the activity. Indiana state tax forms 2011   The benefit gained by making this election is that the IRS will not immediately question whether your activity is engaged in for profit. Indiana state tax forms 2011 Accordingly, it will not restrict your deductions. Indiana state tax forms 2011 Rather, you will gain time to earn a profit in the required number of years. Indiana state tax forms 2011 If you show 3 (or 2) years of profit at the end of this period, your deductions are not limited under these rules. Indiana state tax forms 2011 If you do not have 3 (or 2) years of profit, the limit can be applied retroactively to any year with a loss in the 5-year (or 7-year) period. Indiana state tax forms 2011   Filing Form 5213 automatically extends the period of limitations on any year in the 5-year (or 7-year) period to 2 years after the due date of the return for the last year of the period. Indiana state tax forms 2011 The period is extended only for deductions of the activity and any related deductions that might be affected. Indiana state tax forms 2011    You must file Form 5213 within 3 years after the due date of your return (determined without extensions) for the year in which you first carried on the activity, or, if earlier, within 60 days after receiving written notice from the Internal Revenue Service proposing to disallow deductions attributable to the activity. Indiana state tax forms 2011 Gross Income Gross income from a not-for-profit activity includes the total of all gains from the sale, exchange, or other disposition of property, and all other gross receipts derived from the activity. Indiana state tax forms 2011 Gross income from the activity also includes capital gains and rents received for the use of property which is held in connection with the activity. Indiana state tax forms 2011 You can determine gross income from any not-for-profit activity by subtracting the cost of goods sold from your gross receipts. Indiana state tax forms 2011 However, if you determine gross income by subtracting cost of goods sold from gross receipts, you must do so consistently, and in a manner that follows generally accepted methods of accounting. Indiana state tax forms 2011 Limit on Deductions If your activity is not carried on for profit, take deductions in the following order and only to the extent stated in the three categories. Indiana state tax forms 2011 If you are an individual, these deductions may be taken only if you itemize. Indiana state tax forms 2011 These deductions may be taken on Schedule A (Form 1040). Indiana state tax forms 2011 Category 1. Indiana state tax forms 2011   Deductions you can take for personal as well as for business activities are allowed in full. Indiana state tax forms 2011 For individuals, all nonbusiness deductions, such as those for home mortgage interest, taxes, and casualty losses, belong in this category. Indiana state tax forms 2011 Deduct them on the appropriate lines of Schedule A (Form 1040). Indiana state tax forms 2011 For tax years beginning after December 31, 2008, you can deduct a casualty loss on property you own for personal use only to the extent it is more than $500 and exceeds 10% of your adjusted gross income (AGI). Indiana state tax forms 2011 The 10% AGI limitation does not apply to net disaster losses resulting from federally declared disasters in 2008 and 2009, and individuals are allowed to claim the net disaster losses even if they do not itemize their deductions. Indiana state tax forms 2011 The reduction amount returns to $100 for tax years beginning after December 31, 2009. Indiana state tax forms 2011 See Publication 547 for more information on casualty losses. Indiana state tax forms 2011 For the limits that apply to home mortgage interest, see Publication 936. Indiana state tax forms 2011 Category 2. Indiana state tax forms 2011   Deductions that do not result in an adjustment to the basis of property are allowed next, but only to the extent your gross income from the activity is more than your deductions under the first category. Indiana state tax forms 2011 Most business deductions, such as those for advertising, insurance premiums, interest, utilities, and wages, belong in this category. Indiana state tax forms 2011 Category 3. Indiana state tax forms 2011   Business deductions that decrease the basis of property are allowed last, but only to the extent the gross income from the activity exceeds the deductions you take under the first two categories. Indiana state tax forms 2011 Deductions for depreciation, amortization, and the part of a casualty loss an individual could not deduct in category (1) belong in this category. Indiana state tax forms 2011 Where more than one asset is involved, allocate depreciation and these other deductions proportionally. Indiana state tax forms 2011    Individuals must claim the amounts in categories (2) and (3) as miscellaneous deductions on Schedule A (Form 1040). Indiana state tax forms 2011 They are subject to the 2%-of-adjusted-gross-income limit. Indiana state tax forms 2011 See Publication 529 for information on this limit. Indiana state tax forms 2011 Example. Indiana state tax forms 2011 Adriana is engaged in a not-for-profit activity. Indiana state tax forms 2011 The income and expenses of the activity are as follows. Indiana state tax forms 2011 Gross income $3,200 Subtract:     Real estate taxes $700   Home mortgage interest 900   Insurance 400   Utilities 700   Maintenance 200   Depreciation on an automobile 600   Depreciation on a machine 200 3,700 Loss $(500)   Adriana must limit her deductions to $3,200, the gross income she earned from the activity. Indiana state tax forms 2011 The limit is reached in category (3), as follows. Indiana state tax forms 2011 Limit on deduction $3,200 Category 1: Taxes and interest $1,600   Category 2: Insurance, utilities, and maintenance 1,300 2,900 Available for Category 3 $ 300   The $800 of depreciation is allocated between the automobile and machine as follows. Indiana state tax forms 2011 $600 $800 x $300 = $225 depreciation for the automobile             $200 $800 x $300 = $75 depreciation for the machine The basis of each asset is reduced accordingly. Indiana state tax forms 2011 Adriana includes the $3,200 of gross income on line 21 (other income) of Form 1040. Indiana state tax forms 2011 The $1,600 for category (1) is deductible in full on the appropriate lines for taxes and interest on Schedule A (Form 1040). Indiana state tax forms 2011 Adriana deducts the remaining $1,600 ($1,300 for category (2) and $300 for category (3)) as other miscellaneous deductions on Schedule A (Form 1040) subject to the 2%-of-adjusted-gross-income limit. Indiana state tax forms 2011 Partnerships and S corporations. Indiana state tax forms 2011   If a partnership or S corporation carries on a not-for-profit activity, these limits apply at the partnership or S corporation level. Indiana state tax forms 2011 They are reflected in the individual shareholder's or partner's distributive shares. Indiana state tax forms 2011 More than one activity. Indiana state tax forms 2011   If you have several undertakings, each may be a separate activity or several undertakings may be combined. Indiana state tax forms 2011 The following are the most significant facts and circumstances in making this determination. Indiana state tax forms 2011 The degree of organizational and economic interrelationship of various undertakings. Indiana state tax forms 2011 The business purpose that is (or might be) served by carrying on the various undertakings separately or together in a business or investment setting. Indiana state tax forms 2011 The similarity of the undertakings. Indiana state tax forms 2011   The IRS will generally accept your characterization if it is supported by facts and circumstances. Indiana state tax forms 2011    If you are carrying on two or more different activities, keep the deductions and income from each one separate. Indiana state tax forms 2011 Figure separately whether each is a not-for-profit activity. Indiana state tax forms 2011 Then figure the limit on deductions and losses separately for each activity that is not for profit. Indiana state tax forms 2011 Prev  Up  Next   Home   More Online Publications