preview

Tax Jensen Case Study

Decent Essays

Tax Problem
Tom Jensen, a part-time realtor, hires an accountant to prepare his 2015 tax return. Tom does not work exclusively as a realtor, and his accountant wants to make sure his real estate activities qualify as a business and help him accurately report income and expenses.
Facts
This is Tom’s third year in the real estate business and he has prepared his own tax returns in previous years. His recordkeeping is shoddy and it seems that Tom wants to deduct as much as possible in business expenses, but his accountant wants to avoid being completely erroneous.
Issues
How are real estate professionals classified by Federal income tax standards? Do Tom’s real estate activities qualify as a business or a hobby? Does Tom have any income other …show more content…

Only businesses can claim tax deductions so you must ensure that you are operating your real estate activities as a business and not a hobby. People engaged in hobbies are entitled to very limited, and very complicated, tax deductions. Whether an activity is engaged in for a profit is generally determined based on specific facts and circumstances and not simply because you hold a real estate license. The simplest way to prove an activity is not a hobby is to ensure it produces a net profit in any three of five consecutive tax years. However, there may be instances when your business may not be as successful as you would like, and the circumstances around that lack of success may be out of your control, such as when the real estate market is experiencing a downturn. When that happens, there are other ways to prove that you are operating a business and not a hobby. The IRS looks at several objective factors to determine whether you are operating similar to a person who wants to earn a profit and therefore should be classified as a business. Other important steps in qualifying your activities as a business are to use a separate checking account for all real estate related income and expenses. Drawing up a business plan with a realistic profit and loss forecast over the next five or more years is also an …show more content…

This means that you are able to subtract ordinary and necessary expenses from your gross income, before you pay any Federal income tax. This may include, for example, office expenses, including those for home offices, travel expenses, entertainment and meal expenses, equipment and insurance costs, and more. In contrast to the numerous deductions available to the self-employed, a traditional employee’s work-related deductions are severely limited, and even those expenses that are deductible may only be deducted to the extent they exceed 2% of the employee’s adjusted gross income. This means that the majority of expenses related to traditional employment cannot be fully deducted. In contrast, deductible business expenses for real estate professionals must be ordinary and necessary in carrying on a trade or business, expenses must be reasonable and they must be paid or incurred during the taxable year. In addition, real estate professionals can establish retirement plans such as a solo 401(k) and SEP-IRAs that have tax advantages. These plans also allow them to shelter a substantial amount of their income until they retire. While there are various rules and limitations surrounding business expenses, maintaining accurate and detailed records and having a skilled accountant can be the key to keeping yourself out of

Get Access