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tax benefit rule

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tax benefit rule

A rule that if one receives a tax benefit from an item in a prior year because of a deduction, such as for an uninsured casualty loss or a bad debt write-off, and then recovers the money in a subsequent year,the money must be counted as income in the subsequent year.

Example: Acme Inc. suffers a fire a few days after completion of a building that cost $500,000 to build. The building is a total loss. Acme's insurance company refuses to pay the claim, suspecting arson. Acme writes off the $500,000 loss as an expense on its taxes and sues the insurance company. Five years later Acme wins the lawsuit and receives an award of $500,000. The money must be reported as income because it was expensed in the earlier year. If it had never been written off, it would not be income when the judgment was recovered.


Tax Benefit Rule
A rule that provides that the amount of an expense recovered must be included in income in the year of the recovery to the extent the original expense resulted in a tax benefit. The most common example is a state income tax refund of tax deducted in the prior year.


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If a service provider is entitled to a deduction, to the extent the service recipient has benefited from a deduction as a result of the inclusion in the service provider's income, the service recipient may be required to recognize income under the tax benefit rule of Sec.
Future recoveries will result in additional deductions or in gross income under the tax benefit rule.
Moreover, the tax benefit rule does not require the refund be taken into income because the amount refunded was never deducted under California law.
 
 
 
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