All Subjects Flashcards
Cost recovery
Periodic expensing of TANGIBLE property including real and personal property used in business
Depletion
The expensing of NATURAL RESOURCES as they are being used up
Amortization
Periodic expensing of the cost of INTANGIBLE assets
Basis for Depreciation
The lower of FMV or Adjusted Basis
Complement Products
An increase in the price of product A causes a decrease in the demand for product B. (Hot dogs and hot dog buns)
Residential Real Property Depreciation Rate
27.5 years. (Apartment Building)
Commercial Real Estate Depreciation Rate
39 years. (Hotel)
Kal has taxable income this year of $6 million. He purchased $2,594,000 worth of depreciable property this year and is trying to calculate his §179 deduction. What is the correct amount?
Since he placed into service more assets than allowed under the limitation you must calculate the phase-out.
2,594,000 placed into service less 2,590,000 placed into service limit = 4,000
$1,040,000 - $4,000 = $1,036,000.
Section 179 deduction limit
$1,040,000
Amounts over $2,590,000 will be reduced $1 for every dollar over.
Election to expense cannot exceed income. Cannot create loss.
Types of qualified plans that allow loans
All plans except SIMPLEs and SEPs
Top heavy plans
Are concerned with key employees, not highly compensated.
CODA
Cash or Deferred Arrangement
A parent-subsidiary group exists if the parent company owns what percentage of voting stock in another corporation?
At least 80%
Form 709
A gift tax return (Form 709) is required for all split gifts, and both spouses must consent and are required to sign the gift tax return. Any donor who makes a gift during a calendar year must file a gift tax return (Form 709), unless all of the gifts are less than or equal to the annual exclusion, or are not subject to gift tax, such as qualified transfers, transfers to spouses, or transfers to charities.
UTMA vs UGMA
UTMA accounts can gift any type of property
Form 706
The federal estate tax return, Form 706, must be filed if a decedent’s gross estate, plus adjusted taxable gifts, is greater than the applicable estate tax credit equivalency (also called the applicable estate tax exclusion amount) for the year of death. Due 9 months after death. A 6-month extension is possible but interest will accrue.
The buyer’s adjusted basis in property transferred in exchange for a SCIN
is the fair market value of the property at the date of the sale regardless of the number of payments made by the seller.
A buyer’s adjusted basis of property purchased with a private annuity
is equal to the sum of all annuity payments paid
Gifts not eligible for the annual exclusion
Gifts of a future interest. Crummey powers make gifts a present interest.
Items included in decedent’s gross estate within 3 years of death gifted to a trust
Gift tax paid & death benefit of a life insurance policy
Assess that transfer by law
JTWROS
Assets that qualify for the unlimited marital deduction
Assets minus debt.
Amount of principal gifted to a charitable trust that must go to the charity
10%
Type of charitable trust that does not require an annual distribution
Unit trusts allow IOUs to accumulate in years where trust income doesn’t meet the calculated distribution amount
Cross Purchase Agreement
A buy/sell strategy where each owner buys a life insurance policy on every other owner. This is more expensive for young owners who have to buy policies on older partners but it’s the most equitable because they are paying their fair share of the cost of the business.
Entity Agreement
A buy/sell strategy where the company buys 1 policy for each owner. Ex. an 80-year-old owner that owns 80% of the business would be paying more of the premium than his 20 year-old grandson who is only a 20% owner.
Installment Sales
Owner-financed sale of business
SCIN
Has a higher than normal interest rate in order to receive the self cancelling feature of the installment note if the seller dies before term of the agreement. Basis for new owner is sale price - regardless of how many payments were made to seller before death.
Private annuity
Sale of business to a family member for a lifetime annual payment. If the seller outlive the expected number of years the seller will pay more than he intended.
How much money can be transferred annually inter vivos to a non-US citizen spouse?
$157,000. Note that $0 qualifies for the unlimited marital deduction.
Underqualification
means that too much of the decedent’s property was subject to estate tax at the death of the first spouse due to a failure to make adequate use of the unlimited marital deduction.
When too few assets pass to a decedent’s surviving spouse, and, as such, the decedent’s taxable estate is greater than the applicable estate tax exemption, the decedent’s estate is said to be underqualified.
Overqualification
When too many assets pass to a surviving spouse, resulting in an increase in overall estate taxes for the family when the surviving spouse dies, the unlimited marital deduction is said to be overqualified. When a decedent’s taxable estate is less than the applicable estate tax exemption, the estate is said to be overqualified.
Common objectives of life insurance
- Protect income stream for beneficiaries
- Sources of funds for education
- Provide liquidity at death
- Source for retirement income
- Create or sustain family wealth
IRC Transfer for Value Exceptions
The IRC states that the transfer-for-value rule will not apply when there is a transfer of a life insurance policy to any of the following individuals:
• the insured,
• a partner of the insured,
• a partnership in which the insured is a partner,
• a corporation in which the insured is a shareholder or officer,
• a transferee who takes the transferor’s basis in the contract
5 & 5 Rule
If an individual has a general power of appointment over the annual contribution made to the trust, and the value of the general power of appointment does not exceed the greater of (1) $5,000, or (2) five percent of the trust corpus, the general power of appointment is ignored, and the beneficiary will not trigger gift tax if there is more than one party to the trust. This exception is often referred to as the “5-and-5” rule.
IRD
The Income in Respect of Decedent (IRD) rules state that when an individual has chosen to defer income during his lifetime, the value of those deferrals at death will not qualify for a step-up in basis. Instead, whoever receives the decedent’s income tax deferred accounts must pay income tax on the distributions received from the accounts.
IRC Section 303
IRC Section 303 states that the estate of a deceased shareholder may redeem enough shares to cover the death taxes (federal and state estate, inheritance, and generation-skipping transfer taxes), funeral expenses, and administrative expenses of the decedent; and the shares redeemed for this purpose will qualify for capital gains tax treatment.
To qualify for a Section 303 redemption, more than 35 percent of the decedent’s adjusted gross estate must consist of the closely held business interest. In the event that the decedent owned interests in several closely held businesses, the fair market value of all of the closely held business interests can be aggregated to meet the 35 percent test provided that the decedent owned at least 20 percent of each company’s outstanding stock. In addition, the shareholder redeemed must be responsible for the payment of the estate taxes, administration expenses, and funeral expenses.
IRC Section 6166
When the executor of the estate elects to make installment payments of estate tax under Section 6166, it is possible to extend the payment of estate taxes attributable to the closely held business over a 14-year period. The first four years of payments are of interest only, followed by 10 payments that amortize the estate tax liability over the payment period (although may be paid over a shorter period).
(1) the value of the business interest must exceed 35 percent of the value of the decedent’s adjusted gross estate,
• (2) the business interest must be a closely held business (i.e., a sole proprietorship; a partnership if at least 20 percent of the total capital interest is included in the decedent’s gross estate; a partnership with 45 or fewer partners; a corporation if at least 20 percent of the voting stock is included in the decedent’s gross estate; a corporation with 45 or fewer shareholders), and
• (3) the entity must have been actively engaged in the conduct of a trade or a business at the date of the decedent’s death.
Abatement
the reduction in an estate when there is insufficient assets to satisfy all legatee provisions
Ademption
One common problem is that assets specifically bequeathed to legatees have been disposed of prior to the decedent’s death. In these cases, unless the testator has provided some alternative asset, such legatee is usually not entitled to any replacement asset. This extinction of the legacy is called ademption.