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Module 2: Advanced Individual Tax Topics

Tax law represents a remarkable feat of intellectual architecture, constantly evolving and demanding a deep understanding of its intricate framework to effectively apply its principles.

Michael J. Graetz, Professor Emeritus of Law, Columbia Law School

Introduction

Now that we have a solid understanding of gross income, deductions, credits, and the basics of calculating individual income tax, we can move on to more advanced and specialized areas. While the fundamental principles we’ve already covered are still essential, the real complexities of individual taxation emerge from specific types of income, intricate financial transactions, targeted tax incentives, and the need to avoid potential pitfalls.

We’ll start by exploring the primary goal and fundamental strategies of tax planning before diving into four specific areas:

Salary is typically received in regular intervals, subject to withholding, and taxed as ordinary income. In contrast, equity compensation—such as stock options, restricted stock units (RSUs), and employee stock purchase plans—may be taxed at multiple points, including grant, vesting, or sale. The applicable tax rate can also vary between ordinary income and capital gains. Fringe benefits provided by employers also differ from salary because they can take the form of non-cash perks or services. Some benefits, like health insurance premiums, are generally tax-free, while others, such as personal use of a company car or certain club memberships, are fully taxable.

Tax-advantaged savings accounts are powerful tools designed to incentivize saving for specific goals. For retirement, accounts like 401(k)s and IRAs offer a choice between pre-tax contributions with deferred taxation (Traditional accounts) or after-tax contributions with tax-free withdrawals (Roth accounts). For healthcare, Health Savings Accounts (HSAs) provide a triple tax advantage—deductible contributions, tax-free growth, and tax-free withdrawals for medical expenses. For education, 529 plans and Coverdell ESAs allow for tax-free growth and withdrawals for qualified expenses. Each of these accounts has specific contribution limits, eligibility requirements, and withdrawal rules, making a comprehensive understanding essential for optimizing personal finances.

When individuals engage in business activities, whether as a sole proprietor or through “pass-through entities” like partnerships and S corporations, business income and losses are not taxed at the entity level but are instead reported on the owners’ individual tax returns. For sole proprietors, income and expenses are typically reported on Schedule C (Profit or Loss from Business) or Schedule F (Profit or Loss from Farming), with the net profit or loss flowing directly to Form 1040. For pass-through entities, the individual receives a Schedule K-1, detailing their share of the business’s income, losses, and deductions. A critical aspect of this area is the application of loss limitation rules, particularly the passive activity loss (PAL) rules under IRC § 469. These rules prevent taxpayers from using losses from a passive business—one in which they do not materially participate—to offset non-passive income, such as wages or investment income.

Finally, the strategic transfer of assets through gifting and charitable donations carries significant tax implications. The gift tax, imposed on the donor, has an annual exclusion amount that allows for tax-free transfers up to a certain limit per recipient each year. Charitable contributions, governed by IRC § 170, allow taxpayers to deduct donations to qualified organizations, but these deductions are subject to various limitations based on the type of asset donated (cash vs. property) and the taxpayer’s Adjusted Gross Income (AGI).

 

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Fundamentals of Federal Taxation Copyright © 2025 by Zhuoli Axelton is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.