Book 4 page 1-60 Flashcards
this doctrine stipulates that a transaction will not be effective for income tax purposes unless it is intended to achieve a genuine business purpose other than tax avoidance
business purpose doctrine
prohibits an individual to form an entity just to potentially receive favorable tax treatment ; requires actual business purpose to be present
business purpose doctrine
this doctrine allows the IRS to look through the legal formalities of a transaction to determine its actual economic substance
substance-over-form doctrine
give an example of when the substance-over-form doctrine becomes relevant
a corporate executive who is in need of income decides to have the corp lend her money from the business, the IRS could declare that this loan should be reclassified as salary
this doctrine states that the person who earns the income cannot assign the income to someone else just for tax purposes ; also known as the fruit and the tree doctrine
assignment-of-income doctrine
this doctrine converts otherwise nontaxable income into taxable income
tax benefit rule/doctrine
give an example of the tax benefit doctrine
a taxpayer is reimbursed in a subsequent year for medical expenses paid and deducted in a previous year
states that if there is no substantial limitation or restriction on a taxpayer’s right to bring the funds under personal control, the income will be taxed as if already received
constructive receipt doctrine
if a taxpayer sells stock after a dividend has been declared but before the record date, who will pay tax on the dividend?
the purchaser
taxable income that has not yet been received in cash
phantom income
true or false?
A client is in the 28% bracket. Because of this the client instructed the tenant of his rental property to make payments to his (the CFP client) daughter. The daughter is in the 15% bracket so the client wants the rental income to be taxed at lower rates. This is a valid strategy to use
false, this will be classified as assignment of income. Because the client owns the rental property he is the one that is required to recognize income
true or false?
income from partnerships is taxed at the partners’ own individual rates
true
what return must a partnership file?
Form 1065
which form indicates each partner’s share of the partnership income?
K-1
true or false?
income from a general partnership on the K-1 is usually self employment income
true
true or false?
income from a limited partnership is passive activity income for the limited partner
true
who pays the tax on a S corps income?
the shareholders
what form does a S corp file?
1120S
true or false?
each shareholder of a S corp will receive a K-1
true
true or false?
the income from the S corp is considered passive activity income
true
income generated by assets of an estate that is distributed from the estate to the beneficiaries
income in respect of a decedent (IRD)
true or false?
IRD income is usually not taxable
false, it is taxable
when the taxpayer obtains possession of the income but is not legally entitled to the receipt of the income because the taxpayer is required to turn over the income to its rightful owner
Conduit for others
true or false?
gift loans may only occur between individuals
true
On January 1, Richie loaned his daughter, Beth, $90k to purchase a new home. There were no other loans outstanding between the two. Beth’s only income was $30k salary and $4k interest income. Richie had investment income of $200k. Richie did not charge Beth interest. The relevant federal rate was 9%. How much imputed interest must Richie recognize and how much imputed interest expense must Beth recognize?
$4,000
the $100k exemption applies and thus Richie’s imputed interest income and Beth’s imputed interest expense is limited to Beth’s net investment income.
employee achievement awards of less than $_____ per year and based on length of service are excluded from an employee’s gross income
$400
true or false?
cash and the FMV of prizes and awards are included in gross income
true
true or false?
if an annuitant dies before life expectancy and has not completely recovered the basis, the un-recovered basis is deductible on the annuitant’s final income tax return as a miscellaneous itemized deduction not subject to the 2% of AGI floor
true
true or false?
annuity payments beyond projected life expectancy are fully taxable if the annuity was issued after 1986
true
Wendy a 55 year old taxpayer has begun receiving an annuity over her life expectancy of 25.5 years. She receives $1,500 per month. Her contributions to the annuity were after tax and amounted to $91,800. Payments began April 1 of this year. How much of the payments can she exclude this year?
$2,700
($1,500 x 9) = $13,500
exclusion ratio = $91,800 / $459,000 = 20%
$13,500 x 20% = $2,700
employees can exclude premiums paid by their employers on the first $_____ of group term life coverage
$50k
Tom is 51 years old and works for Employer A. Tom’s life insurance coverage with employer A is $80,000. Tom pays a premium of $50 per year for the coverage, how much should Tom include in his gross income?
$32.80
excess coverage = $30,000 excess coverage / $1,000 = 30 30 x .23 cents = $6.90 (.23 cents comes from a table) $6.90 x 12 = $82.80 $82.80 - $50 = $32.80
includes AGI from all sources plus 50% of SSI benefits, foreign income previously excluded, and any tax exempt interest income
provisional income
FICA is made up of ____ and ____
OASDI and HI
social security and medicare
what is the tax rate for OASDI? Is it for employers or employees?
it is 6.2% and it is for both
at what point does OASDI stop getting applied to your wages?
$127,200 for 2017
true or false?
the medicare tax has no ceiling for taxable earnings
true
what is the HI (medicare tax) rate? Is it for employers or employees?
1.45% and its for both
what is the medicare tax rate for self employed individuals?
2.9%
self employment tax rates are ____%
15.3%
when calculating self employment tax, the taxpayer reduces net earnings by _____%
7.65%
the additional medicare tax of ____% also applies to self employed individuals who have a combined income greater than $_____ if single and $_______ if MFJ
.9% ; $200k ; $250k
true or false?
amounts paid by an employer upon an employee’s death to the employee’s beneficiaries are fully includable in the beneficiaries income
true
true or false?
a death benefit from an employer is taxable income to the beneficiaries
true
true or false?
social security benefits are taxable to the parent if the child is receiving the benefits
false
true or false?
if you choose an annuity payout option after winning the lottery you are not required to recognize income right away assuming there is no qualified prize option
false
allows you to declare annuity payments as income in the year they are received from winning a prize rather than immediately
qualified prize option
act that allows payments from a personal injury lawsuit to be paid out periodically most often in an annuity form for the remainder of the injured party’s life
Periodic Payment Settlement Act
damages arising out of the personal injury lawsuit considered to only make the injured party whole
compensatory damages
true or false?
compensatory damages are taxable to the injured party
false, they are tax free
true or false?
damages received in age, sex, or racial cases are generally taxable
true
damages arising out of a personal injury intended to punish the offender for their acts
punitive damages
are punitive damages taxable?
yes, generally
when does scholarship money in excess of the qualified education expenses have to be realized on a tax return?
not until all expenses are paid, could be more than one year after receipt of scholarship
true or false?
you can exclude scholarship money that is used for room and board from your tax return
false
true or false?
you can exclude scholarship money that is used for books from your tax return
true
true or false?
if you choose to receive installment payments as a death benefit option to a life insurance policy, you must pay tax on the interest that you receive each year
true
when do dividends received from a life insurance policy become taxable?
when the aggregate of the dividends exceeds your basis in the contract
can businesses deduct life insurance premiums for their employees or officers if the business is listed as a beneficiary under the policy?
no
true or false?
if you are terminally ill you can use a viatical agreement and receive some of your death benefit tax free while living
true
true or false?
if you are chronically ill you can use a viatical agreement and receive your death benefit tax free regardless of what you use the proceeds for
false, proceeds must be used for LTC and any that are not are subject to taxation
Jack surrendered to the insurer a whole life insurance policy with a cash value of $80k (there was no policy loans or distributions prior to the surrender). Jack made $70k in aggregate premium payments. The original cost of the insurance was $11k. How much will Jack include as ordinary income on his tax return?
$10k
(80 - 70)
the cost of insurance does not affect this
Jack sold his whole life insurance policy to Martin. Martin is unrelated to Jack and will not suffer an economic lost upon Jack’s death. Jack sold the policy for $95k and the policy had a $80k cash surrender value at the time. Jack had paid $70k in aggregate premium payments. The cost of insurance was $11k. what is the total gain and what is the long term capital gain that Jack must realize?
total gain = $95k - $70k - $11k = $36k
long term cap gain = $36k - ($80k - $70k) = $26k
true or false?
if selling a term life insurance policy all the gain is considered capital gain instead of some of it being ordinary income
true
a contract where if the premiums paid during the first seven years of the contract exceed the total of the net level premiums that would have been paid if the policy provided for paid up benefits after the seventh year
modified endowment contract
do modified endowment contracts use LIFO or FIFO on their withdrawals and loans?
LIFO
is there any penalty and if so how much, on withdrawals or loans under MEC if under age 59.5?
10% penalty on any taxable portion
true or false?
the death benefit under a MEC is taxable
false
true or false?
health insurance premiums paid by the employer are deductible for the employer but taxable to the employee
false, they are deductible and excludable