10/05/2022 Flashcards
After 1996 must be taxed as corporations
1-Form and refers to it as a corporation or body politic
2-Refers to it as a Joint-stock company or association
3-Insurance Company
4-Certain Banks
5-business wholly owned by state or local government
6-Required to be taxed as corp by the IRS
7-Certein foreing business that elects to be taxed as a corporation
organizations formed after 1996 can not be clasified as Partnership
1-insurance company
2-Tax-exempt ortanization
3-Real estate investment trust
Articles of incorporation must include
1-Name of the corporation
2-Name and address of registered agent
3-Name of the incorporators
A corporation to disolve
1-the board of directors votes upon a resolution proposing de dissolution
2-All shareholders must be notified of the resolution
3-Is voted and may be approved by majority
Form 1023
Application for Recognition of Exemption under Section 501(c)(3) of Internal Revenue Code.
Form 990
Return of Organization Exempt from Income Tax.
ACUMULATED ADJUSTMENT ACCOUNT
AAA PARA SABER CUANTO ES EL NUEVO BALANCE SE LE SUMA (RESTA)
ORDINARY BUSINESS INCOME
SEPARATELY STATED ITEMS AND DEDUCTIBLE EXPENSES
NONDEDUCTUBLE EXPENSES
DISTRUBUTIONS TO SHAREHOLDERS DURING YEAR
HOME ACQUISITION LOAN INTEREST MAX
FIRST 750,000 X10%
HOME EQUITY ONLY DEDUCTIBLE IF
TAKEN TO BUY, BUILD OR IMPROVE A HOME
POINTS TO REFINANCE ARE DEDUCTIBLE BUT THEY MUST
BE AMORTIZED OVER LIFE OF LOAN
PARTNERSHIP ON A LIQUIDATING DISTRIBUTION NORMALLY HAS NO
tax effect for either party. To avoid having to record a gain or loss at liquidation, the partner records the property received at the tax basis of the partnership which is being lost because of the liquidation.
SALES – BREACH OF CONTRACT
A contract for specially manufactured goods need not be in writing to be enforceable.
Shipment of the wrong part, even as an accommodation, is a breach of contract by the seller.
An oral contract in excess of the statute of frauds amount ($500) is still enforceable to the extent that goods have been received and accepted.
This is a requirement contract and is enforceable even though the exact quantity is unknown.
The contract involves a latent ambiguity and, therefore, lacks mutuality. It is voidable by either party.
BANKRUPTCY – CREDITOR PAYMENTS order
that order is:
administrative expenses,
employee claims for wages during the previous 180 days,
claims for return of deposits, and government claims for unpaid taxes.
If money remains, all remaining unsecured debts are paid proportionally.
Qualifies as Unrelated Business Income for tax exempt organizations
sale of contributed merchandise
dividend ant interest revenue on contributed funds
sale of goods created in therapy sedssions are not considered taxable income
tax exempt organizations limits of income
does not have to pay income taxes on unrelated business income if it does not exceed 1,000
annual gross not more than 5000 doesnot have to file to get tax exempt status
below 25,000 does not have to file an annual informational return