4. Tax Planning Flashcards

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1
Q

Tax bills are introduced in the ___________________ and are referred to the ________________.

A

Tax bills are introduced in the House of Representatives and are referred to the House Ways and Means Committee.

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2
Q

Which is Cash-Method Accounting & which is Accrual-Method Accounting?

Income is reported in the year the taxpayer receives the income rather than in the year the income was earned.

Income is reported in the year the taxpayer earned it.

A

Cash-Method Accounting: Income is reported in the year the taxpayer receives the income rather than in the year the income was earned.

Accrual-Method Accounting: Income is reported in the year the taxpayer earned it.

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3
Q

Net income from business such as sole proprietor, S-Corp, partner in LLC or partnership.

A

Qualified Business Income (QBI)

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4
Q

It is interest, STCG and non-qualifying dividend income minus investment-related expenses.

A

Net Investment Income (NII)

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5
Q

Qualifying Child Dependency Exemption must pass which test?

A

A Relationship Test, Sn Age Test, An Abode Test & A Support Test

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6
Q

Non-business bad debts are deductible as a short-term capital loss (subject to $3,000/year limitation).

Upon Section 1244 stock (Small Business stock) becoming worthless, each shareholder may deduct up to $50,000 ($100,000 on a joint return) as an ordinary loss.

A

None

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7
Q

C-Corp/Partnership & S-Corp

________ can NOT own a _______ but a _______CAN own stock in _______.

A

C-Corp/Partnership can NOT own a S-Corp but a S-Corp CAN own stock in C-Corp.

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8
Q

S-Corp income must be allocated based on the __________ on a daily basis (no special allocations are permitted). Partnership income must be allocated based on __________, with special allocations being permitted.

A

S-Corp income must be allocated based on the percentage of stock owned on a daily basis (no special allocations are permitted). Partnership income must be allocated based on the partnership agreement, with special allocations being permitted.

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9
Q

An S-Corp may elect a maximum ___-month deferral if it agrees to make a special tax payment each year.

A

3-month

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10
Q

The accumulated earnings tax rate is __% on excess accumulated earnings above the $250,000 threshold ($150,000 for a personal service corporation).

A

20%

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11
Q

If a tax-exempt organization has unrelated business taxable income (UBTI) exceeding $______ in 2022, it must pay income tax on that income.

A

$1,000

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12
Q

If sale of gifted asset is _______ the donor’s basis, the donor’s basis is used to calculate the gains AND will inherit the donor’s holding period.
If sale of gifted asset is _______ the donor’s basis, the fair market value (FMV) on the date of the gift to calculate the gains AND use the date of receiving the gift as the start of the holding period.
If sale of gifted asset is ________ the donor’s basis and the FMV on the date of the gift, there will be no loss/gain and the holding period is a non-factor.

A

If sale of gifted asset is ABOVE the donor’s basis, the donor’s basis is used to calculate the gains AND will inherit the donor’s holding period.

If sale of gifted asset is BELOW the donor’s basis, the fair market value (FMV) on the date of the gift to calculate the gains AND use the date of receiving the gift as the start of the holding period.

If sale of gifted asset is IN BETWEEN the donor’s basis and the FMV on the date of the gift, there will be no loss/gain and the holding period is a non-factor.

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13
Q

Office furniture, equipment, machinery

Cars, trucks, computers

A

7-year MACRS depreciation

5-year MACRS depreciation

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14
Q

Residential Rental Property Depreciation (80%+ income from rent): ____ Years

Non-Residential Real Property Depreciation: ____ Years

Must use straight-line method

A

27.5 Years

39 Years

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15
Q

If the following items are used more than __% of the time for business purposes, use MACRS. If less than __%, use Alternative Depreciation System (ADS). Those Listed Property items are:

Automobiles
Computers and Peripheral Equipment
Cell Phones
Property generally used for purposes of entertainment, recreation, or amusement

A

50%

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16
Q

Depreciable Section 1231 business property receives ______ treatment on a gain from sale and ________ treatment if the sale results in a loss.

A

*Depreciable Section 1231 business property receives capital gain treatment on a gain from sale and ordinary loss treatment if the sale results in a loss.

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17
Q

The amount of Unrecaptured 1250 gain that is attributable to depreciation is taxed at a rate of __%.

A

25%

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18
Q

Non-business bad debt losses are deductible as ___________.

A

Short-Term Capital Losses

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19
Q

To qualify for non-recognition of gain treatment in an involuntary conversion, the converted property generally must be replaced within _______ years after the close of the first taxable year in which any part of the gain upon the conversion is realized.

A

Two Years

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20
Q

Exchanges of property between related parties are not like-kind exchanges under the current law if either party disposes of the property within _____ years of the exchange.

A

Two Years

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21
Q

Limited to transfers of a personal residence or certain tangible property, where the grantor retains the right to use the property during the term of the trust.

A

GRIT

22
Q

Usually, a GRIT in which you transferred your personal residence into it.

A

QPRT

23
Q

Which is describing a Simple Trust and which is describing a Complex Trust?

All income must be distributed currently,
Funds cannot be paid, permanently set aside, or used for charitable purposes, and
Amounts allocated to the corpus of the trust cannot be distributed.

Accumulate Income,
Have a Charitable Beneficiary, and/or
Distribute Principal

A

Simple Trust:
All income must be distributed currently,
Funds cannot be paid, permanently set aside, or used for charitable purposes, and
Amounts allocated to the corpus of the trust cannot be distributed.

Complex Trust:
Accumulate Income,
Have a Charitable Beneficiary, and/or
Distribute Principal

24
Q

The fixed annuity amount paid to a grantor from a grantor trust must NOT exceed ____% of the amount paid the prior year.

A

120%

25
Q

A closely held C corporation is a C corporation where ____ or fewer individuals own more than ___% of the stock at any time during the last half of the corporation’s taxable year. Thus, as applied to a closely held C corporation, the passive loss rules prevent passive activity losses from offsetting portfolio income, which is income from dividends, interest, and other investments. However, a closely held C corporation’s passive losses may offset its income from active business operations.

A

five or fewer individuals own more than 50% of the stock

26
Q

Corporate charitable deductions are limited to __% of the corporation’s taxable income for the year. Excess contributions can be carried forward for _ years and the carryover is used in chronological order.

A

Corporate charitable deductions are limited to 25% of the corporation’s taxable income for the year. Excess contributions can be carried forward for 5 years and the carryover is used in chronological order.

27
Q

Cash Contribution to public charity: __% AGI limit (___% currently due to CARES Act)
Capital Gain Property to public charity: __% AGI limit
Capital Gain Property to private charity: Lessor of __% of AGI or __% of AGI (minus any contributions of capital gain property donated to public charity)

A

Cash Contribution to public charity: 60% AGI limit (100% currently due to CARES Act)
Capital Gain Property to public charity: 30% AGI limit
Capital Gain Property to private charity: Lessor of 20% of AGI or 30% of AGI (minus any contributions of capital gain property donated to public charity)

28
Q

Unrelated-Use Property being donated gets a deduction of the lessor of ________________.

A

Deduction is lessor of the FMV or adjusted basis

29
Q

All Qualifying Relatives must fulfill which test?

A

Relationship Test
Gross Income Test
Support Test

30
Q

S-Corp and PSC must use _______ tax year unless they have a business reason to elect a _______ year.

A

S-Corp and PSC must use calendar tax year unless they have a business reason to elect a fiscal year.

31
Q

Completed Contract Method:

Income is reported in the year the contract is completed.
Labor, materials and overhead costs are capitalized and deducted from revenue in the year the contract is completed.
Marketing, selling, R&D and advertising costs may be deducted as they’re incurred.

A

None

32
Q

Use Form ____ to apply for permission to change accounting periods.

A

Form 1128

33
Q

Use Form ____ to get a 6-month tax filing extension.

A

Form 4868

34
Q

Other tax-related penalties:

A penalty of __% per month (or fraction thereof) subject to a maximum of __% for failure to file a tax return.

A

A penalty of 5% per month (or fraction thereof) subject to a maximum of 25% for failure to file a tax return.

35
Q

Other tax-related penalties:

A penalty of __% per month (or fraction thereof) up to a maximum of __% for failure to pay the tax that is due.

A

A penalty of 0.5% per month (or fraction thereof) up to a maximum of 25% for failure to pay the tax that is due.

36
Q

Other tax-related penalties:

An accuracy-related penalty of __% of the underpayment for items such as negligence or disregard of rules or regulations, any substantial understatement of income tax, or any substantial misstatement of valuation.

A

An accuracy-related penalty of 20% of the underpayment for items such as negligence or disregard of rules or regulations, any substantial understatement of income tax, or any substantial misstatement of valuation.

37
Q

Other tax-related penalties:

A __% penalty for fraud.

A

A 75% penalty for fraud.

38
Q

Other tax-related penalties:

Criminal fraud carries a maximum penalty of $_______, a prison sentence of up to __ years, or both.

A

Criminal fraud carries a maximum penalty of $100,000, a prison sentence of up to 5 years, or both.

39
Q

Disabled Access Credit

__% of eligible expenditures that exceed $___ (limited to $_____). Therefore, the maximum credit is $______.

Must be an eligible small business:
Had gross receipts of $__ million or less in the preceding year, or
Has less than ___ full-time employees in the preceding year

A

50% of eligible expenditures that exceed $250 (limited to $10,000). Therefore, the maximum credit is $5,000.

Must be an eligible small business:
Had gross receipts of $1 million or less in the preceding year, or
Has less than 30 full-time employees in the preceding year

40
Q

Work Opportunity Tax Credit

Generally, is __% of qualified first-year wages for individuals who work ____+ hours in their first year of employment.

A

Generally, is 40% of qualified first-year wages for individuals who work 400+ hours in their first year of employment.

41
Q

ESOP Tax situation for employer and employee contributions?

A

Employer: Gets immediate tax deduction for contributions made to the plan.

Employee: Not taxed on employer or employee contributions.

42
Q

Defined Benefit Maximum Contribution: $__________ in 2022 or ____% of the participant’s average compensation for the highest three years.

A

Defined Benefit Maximum Contribution: $245,000 in 2022 or 100% of the participant’s average compensation for the highest three years.

43
Q

Cana Non-Qualified Deferred Compensation (NQDC) Plans can discriminate or no?

A

Can favor highly compensated employees (discriminatory)

44
Q

Restricted Property Plans: Key employees obtain ownership interest (stock) in the corporation.

A

None

45
Q

Quarterly tax payments due _____ 15, ____ 15, _______ 15, and _________ 15 of the following year.

Must pay __% of current year tax liability shown on the return

___% of previous year tax liability (AGI $150k+) or ____% (AGI <$150k)

___% of current year tax liability on an annualized basis

A

Quarterly tax payments due April 15, June 15, September 15, and January 15 of the following year.

Must pay 90% of current year tax liability shown on the return

110% of previous year tax liability (AGI $150k+) or 100% (AGI <$150k)

90% of current year tax liability on an annualized basis

46
Q

Can NOL be carried back or carried forward or both?

A

Can NOT carry back NOL but can carry forward indefinitely.

47
Q

Private Annuities involve intra-family transfer methods of secured or unsecured payments?

A

Unsecured Payments

48
Q

If a student is part-time, they would qualify for the Lifetime Learning Credit or AOTC?

A

If a student is part-time, they would qualify for the Lifetime Learning Credit (not the AOTC).

49
Q

Temporary IRS Regulations may remain in effect for up to __ years.

A

3 Years

50
Q

Trustees of foreign trusts must file Form ________.

A

Trustees of foreign trusts must file Form 1041-NR.