CFP Flashcards

1
Q

ALWAYS Bar List

A

felony theft/embezzlement/finance based crimes

felony tax fraud

revocation of financial professional license UNLESS d/t fee not being paid

felony murder or rape

felony any other violent crime w/in last 5 years

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2
Q

Presumed Bar List

A

STORY, bar unless petitioned

2 or more personal/business bankruptcies, felony conviction violent crimes (besides murder/rape) more than 5 years ago, felony nonviolent crimes including perjury w/in last 5 years, revocation or suspension of non-financial professional license, suspension financial professional license (unless not paying fee for renewal)

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3
Q

Exceptions to Registration: RIA

A

(Incidental TABLE) = need not register & generally NOT regulated by Advisers Act; banks/bank holders loans & deposits only, BD primary business is trades only, LATE for profession (Lawyers/Accountants/Teachers/Engineers), publisher newspaper/magazine periodical regular circulation, advisers only related strictly to securities guaranteed by U.S., person not w/in intent of laws as SEC

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4
Q

Exemptions to Registration: RIA

A

(VIPs are SaFE from exemptions) = meet definition but no registration but subject to anti-fraud provisions of act; all intrastate services, no securities traded on national exchange, only clients are insurance companies, solely to venture capital funds, solely to private funds less than $150 million, foreign advisors w/out place of business in U.S.

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5
Q

Accredited Investor

A

$1 million, or $200k income if single, $300k of spousal income

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6
Q

FINRA (Series 6 & 7)

A

S6 = MFs, UITs, Variables (life insurance/annuities); things that settle in price @ end of day;

S7 = everything except commodities & futures; to sell variable life/annuities must also have state insurance license;

KNOW SERIES 6 & 7 FOR EXAM!

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7
Q

The Brochure Rule

A

(Tested Frequently) = written disclosure to every client of advisory services/fees, types of securities, education/business standards, participation/interest in securities transactions, conditions for managing accounts, must be given to client at or before time of entering into contract; compliance w/ brochure rule accomplished by providing client w/ ADV Part 2 (outlines fees)

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8
Q

Fiduciary Duty

A

Duty of Loyalty, Care, & to Follow Client Instructions

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9
Q

Financial Planning Definition

A

a collaborative process that helps maximize a Client’s potential for meeting life goals through Financial Advice that integrates relevant elements of the Client’s personal & financial circumstances

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10
Q

Orally or in Writing

A

For Financial Advice, only Privacy Policy must be in writing, everything else orally OR writing
For Financial Planning only Material Conflicts of interest orally OR writing, everything else writing

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11
Q

Debt NOT discharged in bankruptcy (NOT ALLEVIATED)

A

student & government loans

3 years of back taxes

alimony & child support

monies owed d/t malicious acts, drunk driving, criminal fines & penalties, embezzlement

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12
Q

Assets exempt from creditors

A

homestead, life insurance, qualified plans

Traditional/Roth IRAs up to $1MM

No protection for inherited IRAs if non spousal beneficiary

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13
Q

Monetary Policy (Tools - 4)

A

Reserve Requirement

Discount Rate = overnight interest banks borrow from federal reserve

Open Market Operations (Treasuries buy/sell)

Excess Reserve Rate = interest on reserves over reserve requirement

  1. maintain long-term economic growth
  2. maintain price levels supported by the economy
  3. maintain full employment
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14
Q

Fiscal Policy (Tools - 3)

A

Taxation or Tax Rates

Government spending (Congress) - cutting spending increases interest rates

Debt Management (deficit spending) - increased deficit spending = decreased money supply = increasing interest rates

  1. maintain long-term economic growth
  2. maintain price levels supported by the economy
  3. maintain full employment
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15
Q

Financial Aid Programs

A

Federal Pell Grant: NEED based; subsidized = need based; unsubsidized = NOT need based

Parent Loans for Undergrad Students (PLUS): loans for parents; NOT need based

Grad PLUS loan for Grad Students (PLUS Direct): dependent on STUDENT credit score

Federal Perkins Loan Program: NEED based

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16
Q

LLC (Lifetime Learning Credit)

A

tuition/fees undergrad, grad, or professional programs

20% of up to $10K in qualified expenses per year

maximum per family is $2K per year

unlimited # of years

AGI phaseouts

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17
Q

AOTC (American Opportunity Tax Credit)

A

tuition & fees for 4 years of postsecondary education (includes universities/colleges)

100% of first $2K in qualified expenses
25% of next $2K in qualified expenses

maximum PER STUDENT = $2,500 per year

refundable up to 40% or $1,000

AGI phaseouts

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18
Q

Insurable Risks are CHAD

A

Not catastrophic

Homogeneous exposure units (large # of similar units)

Accidental

Measurable & Determinable

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19
Q

A Legal Contract requires COALL!

Elements of a Valid Contract

A

Competent Parties

Offer & Acceptance

Legal Consideration

Lawful Purpose

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20
Q

Contract of Indemnity

A

an insured cannot make a profit from an insurance contract; only entitled to compensation to extent of insured’s financial loss

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21
Q

Subrogation Clause

A

insured cannot receive compensation from both the insurer & a 3rd party for the same claim

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22
Q

Contract of Adhesion

A

take it or leave it, no negotiations over terms & conditions

any ambiguities found in favor of the insured

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23
Q

Aleatory

A

unequal exchange of money (cumulative premium vs DB paid out)

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24
Q

Executive or State Insurance Commissioner

A

administers, interprets, & enforces insurance laws

the State Insurance Commissioner does NOT make law!

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25
Q

Goals of State Insurance Regulation

A

protect the insured

maintain & promote competition

maintain solvency of insurers

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26
Q

NAIC

A

provides watch list of insurance companies based upon financial ratio analysis

NO regulatory power over insurance industry

involved in accrediting state insurance regulatory offices

issues “model legislation” that state legislatures may or may not adopt

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27
Q

Permanent Insurance Dividend Options: CRAP-O

A

Cash

Accumulate at interest = dividends invested by company, tax free up to basis, interest pad on dividends IS taxable

Reduce Premiums

Paid-up Additions

One-year term insurance additions (purchase of)

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28
Q

HSA (Health Savings Account)

A

age 55 & older catch up

$1,000 catch up

distributions for NQ medical expenses are subject to income tax & a 20% penalty if taken before age 65; income tax only at 65 or older

Permitted Expenses: (same as those expenses qualifying as medical expenses for purposes of the itemized deduction) (tax free)
- dental/orthodontics/vision
- COBRA & LTC premiums
- healthcare premiums while receiving unemployment
- Medicare & other health care coverage (65 or older)
- OTC (medical use, pain relief, cold relief etc)

NOT PERMITTED EXPENSES = cosmetic surgery

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29
Q

COBRA

A

EXAM TIP: to be offered COBRA there must be 20+ EEs, ER offers group health & the EE is already participating in the group health plan

NOT required to offer COBRA under 20 EEs

EXTENSION TO FAMILY MEMBERS:
E:
18 months reduction in hours or normal termination

D:
36 months death, divorce, medicare eligibility, loss of dependency status by children of EE

E:
29 months if EE meets SS definition of disabled

EEs have 60 days to make a COBRA election

**an EE terminated d/t “gross misconduct” is NOT eligible for COBRA

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30
Q

Demand Curve Impacts

A

price change = movement along demand curve

curve shift = income, taxes, savings rates, disposable income

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31
Q

Supply Curve Impacts

A

price change = movement along curve
prices down = supply down; prices up = supply up

curve shift = technology, competition, anything other than price

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32
Q

Financial Planning Process

A

Uber Is A Drunk Person’s Immediate Motor Vehicle – UIADPIMV

  1. Understand client’s personal & financial circumstances
  2. Identifying & Selecting Goals
  3. Analyze current course of action & potential alternatives
  4. Develop Financial Plan Recommendations
  5. Presenting the Financial Planning Recommendations
  6. Implementing the Financial Plan Recommendations
  7. Monitoring the Plan

A CFP must complete all steps unless specifically stated in engagement letter

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33
Q

HO Basic Coverage - 12

A

Losses w/ 12 named perils

Fire

Vehicles (damage caused by vehicles)

Lightning

Smoke

Windstorm

Vandalism or malicious mischief

Hail

Explosions

Riots or civil commotion

Theft

Aircraft

Volcanic eruptions

S-L-W & F-V-V-V-H-E-A-R-T (Pronounced Slow Favorite)

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34
Q

HO Broad Coverage - 18

A

12 basic perils plus 6 additional named perils

Falling objects

Weight of ice/snow/sleet

Accidental discharge/overflow of water or steam

Sudden & accidental cracking, burning, bulging of appliances

Freezing of plumbing, heating, air conditioning, fire sprinkler system, or appliance

Sudden & accidental damage from artificially generated electrical currents

Basic + FAS-FWD (Pronounced Fast Forward)

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35
Q

HO Open Perils Coverage

A

protection from losses associated w/ all perils except those specifically excluded

provides more comprehensive coverage than the basic & broad policies

Exclusions include neglect (termite damage), flood & earthquakes

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36
Q

HO Section I Coverages - 4

A

Coverage A = Dwelling

Coverage B = Other Structures

Coverage C = Personal Property

Coverage D = Loss of use

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37
Q

HO Section II Coverages - 2

A

Liability & Medical payment coverage

Coverage E = Personal Liability

Coverage F = Medical payments to others

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38
Q

Automobile Insurance - 6

A

Part A = Liability coverage

Part B = Medical payments coverage

Part C = Uninsured motorist coverage

Part D = Coverage for damage to the insured’s automobile

Part E = Duties after accident or loss

Part F = General Provisions

Part A 50/100/50
50K bodily injury per person; 100K bodily injury per accident; 50K property damage

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39
Q

Social Security Benefits Reduction for Early Retirement

A

Reduced by:

5/9 of 1% for each month for first 3 years

Then 5/12 of 1% for each month beyond 3 years

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40
Q

Social Security Benefits Increase for Delaying Retirement

A

8% SIMPLE interest increase for each year the retiree delays their benefit

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41
Q

What is NOT covered by Medicare Part B? - 4

A

dental care, dentures

cosmetic surgeries

hearing aids

eye exams

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42
Q

Research Reports - 2

A

Value Line = ranks stocks; 1 = highest = buy; 5 = lowest = sell

Morningstar = ranks mutual funds, stocks, & bonds; 1 = lowest; 5 = highest

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43
Q

Ex-Dividend Date

A

1 day before date of record

if stock purchased on or after ex-dividend date then you will NOT receive the dividend

to receive the dividend an investor must purchase the stock prior to the ex dividend date

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44
Q

Commercial Paper

A

money market security

short term loans b/t corporations

maturities of 270 days or less & does NOT have to register w/ SEC

denominations of $100,000 & are sold at a discount

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45
Q

Bankers Acceptance

A

money market security

facilitates imports/exports

maturities of 9 months or less

can be held until maturity or traded

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46
Q

Eurodollars

A

money market security

deposits in foreign banks that are denominated in US dollars

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47
Q

Price Weighted Avg vs Value Weighted Index

A

Price Weighted = avg of price, does NOT take into account % allocation of the position w/in portfolio; examples = DJIA (dow jones industrial average)

Value Weighted = incorporates market capitalization of individual stocks into average; examples = S&P 500, Russell 2000 (smallest market cap), Wilshire 5000, EAFE (Europe, Asia, Australia, Far East)

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48
Q

Affect Heuristic

A

judging whether good or bad

do they like or dislike some company based on non-financial issues

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49
Q

Anchoring

A

attaching or anchoring one’s thoughts to a reference point even though there may be no logical relevance or is not pertinent to the issue in question

anchoring is also known as conservatism or belief perseverance

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50
Q

Availability Heuristic

A

relies upon knowledge that is readily available in memory, cognitive heuristic known as “availability” is involved; this may cause investors to overweight recent events or patterns while paying little attention to longer term trends

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51
Q

Bounded Rationality

A

when individuals make decisions, their rationality is limited by the available information, the tractability of the decision problem, the cognitive limitations of their minds, & the time available to make the decision

decision makers in this view act as “satisficers” seeking satisfactory solution rather than optimal one

one consequence of this concept is that having additional information does not lead to an improvement in decision making d/t the inability of investors to consider significant amounts of information

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52
Q

3 Forms Efficient Market Hypothesis

A

Weak = price reflects historical price data, advantage through fundamental analysis & inside information; rejects technical analysis

Semi-Strong = price reflects public information, advantage through inside information; rejects both technical & fundamental analysis

Strong = price reflects all information, no advantages to gain, no insider info; diversify stocks randomly or merely go w/ an index

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53
Q

Cognitive Dissonance

A

tending to misinterpret info that is contrary to an existing opinion or only pay attention to info that supports an existing opinion

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54
Q

Disposition Effect

A

also known as regret avoidance or “faulty framing” where normal investors do NOT mark their stocks to market prices

investors create mental accounts when they purchase stocks & continue to mark their value to purchase prices even after market prices have changed

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55
Q

Gambler’s Fallacy

A

investors often have incorrect understanding of probabilities which can lead to faulty predictions

investors may sell stock when it has been successful in consecutive trading sessions because they may not believe the stock is going to continue its upward trend

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56
Q

Prospect Theory

A

people value gains & losses differently & will base their decisions on perceived gains rather than perceived losses

investors are “loss averse” & have an asymmetric attitude to gains & losses

getting less utility from gaining $100 then would lose if they lost $100

explains why investors may avoid higher risk investments even if they offer strong risk adjusted returns

also explains why they over insure against risks through low deductibles

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57
Q

Self-Attribution Bias

A

you give yourself credit for all the good outcomes & any bad outcomes are d/t outside factors

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58
Q

Similarity Heuristic

A

used when a decision or judgement is made when an apparently similar situation occurs even though the situations may have very different outcomes

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59
Q

Representativeness

A

thinking a good company is a good investment w/out regard to an analysis of the investment

familiarity causes investment in companies that are familiar, such as an employer

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60
Q

Loss Aversion

A

investors prefer avoiding losses more than experiencing gains

an unwillingness to sell a losing investment in the hopes it will turn around

in other words, investors feel more pain from losses, then enjoying gains

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61
Q

Leptokurtic vs Platykurtic

A

Leptokurtic = high peak, flat tails; higher chance of extreme events

Platykurtic = low peak, thin tails; lower chance extreme events

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62
Q

Systematic Risk

A

nondiversifiable risk, market risk, economy based risk

PRIME

Purchasing Power risk*
Reinvestment Rate risk*
Interest Rate risk*
Market risk
Exchange Rate risk

  • = most likely to be tested
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63
Q

Unsystematic Risk

A

diversifiable risk, unique risk, company specific risk

ABCDEFG

Accounting risk
Business risk*
Country risk*
Default risk*
Executive risk
Financial risk*
Government/Regulation risk*

  • = most likely to be tested
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64
Q

Arbitrage Pricing Theory (APT) Factors/Keywords

A

multi factor model

pricing imbalances cannot exist for any significant period of time

explains returns based on factors, if a factor is 0 then it has no impact on returns

APT attempts to take advantage of pricing imbalances

SD & BETA are NOT inputs/variables

inputs are factors = inflation, risk premium & expected returns & their sensitivity(b) to those factors

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65
Q
  1. If the required rate of return decreases, the stock price will?
  2. If the dividend is expected to increase, the stock price will?
  3. If the required rate of return increases, the stock price will?
  4. If the dividend is expected to decrease, the stock price will?
A
  1. increase
  2. increase
  3. decrease
  4. decrease
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66
Q

Price to Earnings (P/E) ratio

A

how much an investor is willing to pay for each dollar of earnings; measure of relationship b/t a stock’s price & its earnings; stock price as a multiple of company earnings

used to value a stock if the firm pays no dividends

the relationship of price to earnings is known as the P/E multiplier

P/E = Expected Price per share / EPS

OR

Expected Price per Share = P/E x EPS

P/E ratio = P/E multiplier

example if P/E = 3 then trading at 3 times its value

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67
Q

Dividend Payout Ratio

A

relationship b/t the amount of earnings paid to shareholders in the form of a dividend, relative to earnings per share

typically the higher the dividend payout ratio, the more mature the company
a high DPR may also indicate the possibility of the dividend being reduced
a low DPR may indicate that the dividend may increase, thereby increasing the stock price

DPR = common stock dividend / EPS

Retention Ratio = 1 - DPR

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68
Q

Return on Equity (ROE)

A

measures the overall profitability of a company; there is a direct relationship b/t ROE, earnings & dividend growth

ROE = EPS / Stockholders Equity per Share

Stockholders Equity per share = total equity / shares outstanding

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69
Q

Dividend Yield Formula

A

= Dividend Per Share / Stock price

states the annual dividend as a percentage of the stock price

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70
Q

Fundamental Analysis

A

ratio analysis on balance sheet & income statement to determine future performance

looking at economic data

Fundamental analysts believe that a stock price performance is largely driven by the financial performance of the firm

Fundamental analysis assumes:
1. investors can determine reliable estimates of a stock’s future price behavior
2. some securities may be mispriced & through fundamental analysis it can be determined which securities are mispriced

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71
Q

Technical Analysis

A

charting & plotting a stock’s trading volume & price movements to predict future direction

does NOT involve ratio analysis or analysis of financial statements

analysts believe supply & demand drive a stock price

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72
Q

Efficient Market Hypothesis (EMH)

A

investors cannot consistently achieve above-average market returns

prices reflect all information that is available & change very quickly to new information

stock prices will follow a “random walk”

investors who believe in the EMH believe a passive investment strategy is appropriate such as buy & hold an index

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73
Q

Random Walk Theory

A

the behavior of stock prices closely resembles a random walk

prices of stocks are unpredictable but NOT arbitrary

impossible to consistently achieve above-average market returns

at any given moment prices that exist on securities are the best incorporation of all available information & a true reflection of the value of that security

prices are in equilibrium

changes in price & volume of trading are generated by changing needs of investors

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74
Q

Market Anomalies (4)

A
  1. January Effect = January tends to be a better month d/t tax loss selling in November & December followed by investors getting back into the market in January
  2. Small Firm Effect = small caps tends to outperform large caps; easier for them to grow revenues & earnings faster than a large cap
  3. Value Line Effect = stocks that receive Value Line’s highest ranking (1) outperform stocks that receive the lowest ranking (5)
  4. P/E Effect = stocks w/ a low P/E ratio tend to outperform stocks w/ a high P/E ratio
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75
Q

Strategic vs Tactical Asset Allocation

A

Strategic = involves assessing the likely outcomes for various allocation mixes b/t asset classes; buy & hold strategy

Tactical = investor determines expected returns for asset class, then rebalances the portfolio to take advantage of the expected returns; pricing anomalies or strong sectors; active management strategy

BOTH are active allocation strategies

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76
Q

US Treasury Securities Taxation

A

all US Treasury securities are nontaxable at the state & local level

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77
Q

Nonmarketable US Treasury Issues - 3

A

not easily bought or sold

  1. Series EE/Series E Bonds
  2. Series HH/Series H Bonds
  3. Series I Bonds (inflation-indexed)
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78
Q

Marketable US Treasury Issues - 3

A
  1. T-Bills (sold at discount, no interest)
  2. T-Notes (semi-annual interest)
  3. T-Bonds (semi-annual interest

All bills, notes, & bonds are sold in denominations of $100 or more

treasury securities are sold on an “auction” basis w/ the lowest yield winning the auction

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79
Q

Original Issue Discount (OID)

A

issued at discount from par value; example = zero coupon bonds

zero coupon bond sold at deep discount; bond will increase in value over term of bond until matures at par value

no interest paid until maturity

bond holder must recognize income each year even though no interest is received; known as imputed or “phantom income” because bond holder doesn’t receive interest, but still must pay taxes on the increase in value of the zero-coupon bond

particularly suited to accounts w/ benefit of tax deferral (ex IRA) d/t not having to recognize phantom interest

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80
Q

Treasury Inflation Protected Securities (TIPS)

A

inflation & purchasing power protection

principal/par value adjusts for inflation, coupon rate applied to new principal amount

coupon rate does NOT change as is the case w/ I Bonds (important!)

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81
Q

Separate Trading of Registered Interest and Principal Securities (STRIPS)

A

periodic coupon payments separated from bond & each coupon payment including the par value trade separately

essentially treasury STRIPS create zero-coupon bonds

highly liquid & appropriate for investors looking for a low risk, highly liquid investment & w/ a specific time horizon

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82
Q

Corporate Bonds - Secured Bonds (2)

A

Mortgage Backed Securities (MBS) - backed by pool of mortgages, biggest risk is prepayment risk & default risk

Collateral Trust Bonds - backed by an asset owned by the company issuing the bonds; asset held in trust by third party

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83
Q

Corporate Bonds - Collateralized Mortgage Obligations (CMOs)

A

divided into “tranches” which determine which investors receive principal repayment; A-Z; short, intermediate, & LT tranches

interest distributed pro-rata & principal repayments used to retire tranches sequentially

investors in ST tranche receive principal repayment before intermediate & LT tranch

meant to mitigate against prepayment risk associated w/ mortgage-backed securities

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84
Q

Corporate Bonds - Unsecured Corporate Bonds (3)

A

Debentures - unsecured debt not backed by any asset; backed on belief of creditworthiness that the issuing company (or government) will repay the debt

Subordinated Debentures - lower claim on assets than other unsecured debt; more risk d/t lower claim on assets if company defaults on bond repayments

Income Bonds - interest only paid when a specific level of income is attained

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85
Q

Guaranteed Investment Contract (GIC)

A

issued by insurance companies w/ guaranteed ROR

insurance company agrees to repay the principal & guaranteed rate of return for a period of time

yield is higher than treasury securities

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86
Q

General Obligation Bonds

A

backed by full faith/credit & taxing authority of the municipality that issued the bond

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87
Q

Revenue Bonds

A

backed by the revenue of a specific project

NOT backed by full faith/credit & taxing authority of the entity that issued the bond

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88
Q

Private Activity Bonds

A

used to finance construction of stadiums

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89
Q

What companies insure municipal bonds?

A

American Municipal Bond Assurance Corp (AMBAC)

Municipal Bond Insurance Association Corp (MBIA)

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90
Q

Current Yield Formula

A

= Annual Coupon Payment in dollars / Current Price of the Bond

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91
Q

Yield Ladder - Discount Bonds (highest to lowest)

A

YTC

YTM

CY

CR or Nominal Yield

**Remember when shopping if you see a Discount “Call Mom’s Cell Now! = Discounts from highest to lowest is yield to CALL, yield to Maturity, Current yield, & Nominal yield

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92
Q

Yield Curve Theories - 3

A

Liquidity Preference Theory = yield curve results in lower yields for shorter maturities since some investors prefer liquidity, paying for liquidity means lower price

Market Segmentation Theory = curve depends on supply & demand at any given maturity; when supply > demand rates are low; if supply < demand rates are high

Expectations Theory = curve reflects investors’ inflation expectations; since investors believe inflation will be higher in future, LT yields are higher than ST yields

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93
Q

Bond Duration

A

Duration = weighted average maturity of all cash flows

the bigger the duration, the more price sensitive or volatile the bond is to interest rate changes

duration is the moment in time the investor is immunized from interest rate risk & reinvestment rate risk

Modified Duration is a bond’s price sensitivity to changes in interest rates

a bond portfolio should have a duration equal to the investor’s time horizon to be effectively immunized

the higher the coupon rate, the lower duration
the lower the coupon rate, the higher duration
zero coupon bond always w/ highest duration; zero coupon bond always have a duration equal to its maturity

higher the term of the bond the higher the duration & vice-versa

as YTM increases, duration decreases
as YTM decreases, duration increases

coupon rate & YTM are INterest rates & there is an INverse relationship; the IN should help keep it straight

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94
Q

Bond Strategies - 4

A
  1. Tax Swap = selling a bond w/ gain & a bond w/ loss which offset each other; OR selling a bond w/ loss & just buying a new bond
  2. Barbells = owning both ST & LT bonds; when interest rates move only one set of positions needs to be sold & restructured
  3. Laddered Bonds = purchasing bonds w/ varying maturities; helps reduce interest rate risk d/t bonds being held until maturity
  4. Bullets = very little payments during interim period then lump-sum at some specified date in the future; most bonds mature in or around same time period; zero-coupon/treasures/corporates most likely candidates; used when the investor has a balloon payment due on a liability at some future date
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95
Q

Preferred Stock

A

both equity & debt features

debt features = stated par value; stated dividend rate as a percentage of par

equity features = price of a bond may generally move w/ price of common stock

dividend does NOT fluctuate like a common stock dividend; NO maturity date like a bond

price of preferred stock more closely tied to interest rates than common stock

Tax Advantage = corporations receive a 50 or 65% deduction of dividends (preferred & common stock) based on percentage of ownership of the company paying the dividends (covered in tax)

65% for 20% or more owned corporations

same deduction applies to common stock dividends as well

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96
Q

Convertible Bonds & Conversion Value

A

conversion value (CV) is value of convertible bond in terms of stock into which it can be converted

CV = (Par / CP) x Ps

Ps = price of the common stock
CP = conversion price

(Par Value / CP) is the conversion ratio or the # of shares the convertible can be converted into

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97
Q

Property Valuation Formula

A

to determine how much an investor is willing to pay for a piece of property

Capitalized Value = Net Operating Income (NOI) / Capitalization Rate

Capitalized Rate = NOI / Cost

NOI = Gross Rental Receipts + non-rental income - vacancy & collection losses - total expenses

NOT including depreciation or mortgage payment

OR
NOI = Net Income + depreciation + financing activities

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98
Q

Closed End Fund

A

fixed initial market capitalization

specific # of shares initially sold to public
those shares then traded on an organized exchange; NO new shares issued by fund

shares may trade at a premium or discount to NAV

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99
Q

Open End Fund

A

unlimited # of shares

as long as fund receives contributions, fund family will continue to offer shares

shares bought/redeemed directly from fund family

shares trade at NAV

NAV = (Assets - Liabilities) / Shares Outstanding

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100
Q

Unit Investment Trust

A

managed by trustee

self liquidating, passive management, NO trading of assets w/in the trust

issues units, NOT shares

units can be sold back to the UIT at NAV; very thinly traded secondary market

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101
Q

Exchange Traded Funds (ETFs)

A

portfolio of stocks representing an index

traded on exchange similar to stocks & can be traded intra-day unlike mutual funds

investors do NOT have to buy/sell blindly

low cost of ownership d/t passive investments

trading only occurs when stocks are added or removed from an index

Most ETFs are tax efficient investments d/t low asset turnover & passive investment strategy

ETFs structured to track an index but can also be actively managed to track an investment manager’s top picks, or mimic an existing mutual fund

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102
Q

Real Estate Investment Trusts (REITs)

A

low correlation w/ stock market & diversification benefit provided to portfolios

real estate is a hedge against inflation

REITs MUST distribute 90% of investment income to shareholders to maintain tax-exempt status

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103
Q

Equity REIT

A

invest in real estate for capital appreciation

income generated from rental income & appreciation

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104
Q

Mortgage REIT

A

invest mostly in mortgages & construction loans

make the spread b/t the lending & borrowing rate

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105
Q

American Depository Receipts (ADRs)

A

foreign stock held in domestic banks’ foreign branch

dividends & capital gains (capital gains in ADRs include currency fluctuation)

trade on US exchanges, denominated in US dollars, trade in US dollars

dividends paid in US dollars

ADRs do NOT eliminate exchange rate risk ** MUST KNOW

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106
Q

Time Value Options Contracts

A

= premium - intrinsic value

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107
Q

Black/Scholes

A

KNOW THE VARIABLES

used to determine the value of a CALL option

Variables = current price of underlying asset, time until expiration, risk-free ROR, volatility of underlying asset, strike (exercise) price

all variables have a DIRECT relationship on the price of the option except the strike price; as the strike price increases, the option decreases in value

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108
Q

Put/Call Parity

A

attempts to value a PUT option based on the value of a corresponding call option

MUST KNOW

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109
Q

Binomial Pricing Model

A

attempts to value an option based on the assumption that a stock can only move in one of two directions

MUST KNOW

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110
Q

Taxability of Call Options

A

two potential tax consequences

  1. if contract expires: premium paid = ST loss, premium received = ST gain
  2. if contract exercised: premium added to stock price to increase basis in underlying stock; if underlying stock held for more than 12 months = LTCG or LTCL; if underlying stock held less than or equal to 12 months = ST gain or loss
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111
Q

Warrants

A

essentially LT call options issued by the corporation

expiration period much longer than options, usually 5-10 years

terms are NOT standardized
ex = call option contracts are standardized in terms of expiration month & # of shares controlled

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112
Q

Futures Contracts

A

Two types = commodity futures & financial futures

options give holder right to do something; futures obligate holder to make or take delivery

futures contracts do NOT state the per unit price of the underlying asset which is determined by supply & demand

two primary players in futures are hedgers & speculators

futures contracts are “marked to market” = gain or loss (in cash) is credited/debited to your account on a daily basis

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113
Q

Using Futures Contracts to Hedge a Position

A

Position 1 = long the commodity, short the contract (orange grove owner, long the commodity oranges in the trees & short the futures contract to lock in his sale price)

Position 2 = short the commodity, long the contract (manufacturer of orange juice user of oranges, long in futures contract & short position in manufacturing costs of juice in the future)

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114
Q

4 Main Areas of GDP

A

consumer spending

government spending

business investing

net imports/exports

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115
Q

FDIC Insurance

A

each depositor $250K insurance PER TYPE OF ACCOUNT OWNERSHIP including IRAs up to $250K; 3 types of ownership = individual, joint & trust accounts; retirement accounts also separate but cov depends on type of asset; each person deemed to own 50% of a joint account; money market mutual fund NOT covered; stocks/bonds/mutual funds NOT covered; any deposit payable in US IS covered; any deposit only payable outside of the US is NOT covered

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116
Q

Chapter 7 Bankruptcy

A

relief through liquidation

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117
Q

Chapter 11 Bankruptcy

A

relief through adjusting debts

“means test”

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118
Q

Protected Assets in Chapter 7 Bankruptcy

A

rollover IRAs have unlimited protection

IRA & Roth exempt up to about $1.3 million (as indexed)

alimony & child support

pensions, life insurance & annuities

INHERITED IRAs DO NOT HAVE ANY PROTECTION

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119
Q

Worker Protection Laws - 2

A
  1. Workers Compensation - absolute form of liability (doesn’t matter who was at fault), regardless of fault if injured at work EE collects benefits, benefits NOT subject to income taxation
  2. Unemployment compensation - collects if EE loses job, funded by tax on ER, benefits INCLUDED in gross income
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120
Q

Categories of Ratios - 3

A
  1. Liquidity Ratio = ability to meet ST or current liabilities
  2. Debt Ratios & Debt Analysis = indicates how well a person manages their debt
  3. Performance Ratios = assesses the financial flexibility of the client as well as progress towards goals
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121
Q

Current Ratio

A

Liquidity Ratio

ability to meet ST obligations
CL = credit cards, ST debt less than 12 months

Current Ratio = Current Assets / Current Liabilities

balance sheet

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122
Q

Emergency Fund & EF Ratio

A

liquidity ratio

need 3-6 months in nondiscretionary expenses (expenses that do NOT go away if you lose your job, debt/utilities/food)

EF Ratio = Current Assets / MONTHLY Nondiscretionary Expenses

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123
Q

Housing Ratio 1

A

debt ratio

also known as FRONT Ratio

should be less than or equal to 28% of GROSS income

= MONTHLY Housing Costs (P+I+T+I) / MONTHLY GROSS income

P =Principal
I = Interest
T = Taxes (Property)
I = Homeowners Insurance

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124
Q

Housing Ratio 2

A

debt ratio

also known as BACK Ratio

housing plus all other recurring debt should be less than or equal to 36% of GROSS income

= [MONTHLY Housing Costs (P+I+T+I) + ALL Other Recurring Debt] / MONTHLY GROSS Income

P =Principal
I = Interest
T = Taxes (Property)
I = Homeowners Insurance

All other recurring debt includes auto, student loans, boat, credit card & any other type of monthly debt

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125
Q

Buying vs. Renting (Leasing)

A

primary driver is TIME

Rent/Lease = time in property short (1-3 years)

Buy = time in property long (> 3 years), build equity, high marginal tax bracket

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126
Q

Savings Ratio

A

performance ratio

= Annual Savings (EE + ER Contributions) / ANNUAL GROSS Income

target 10-12% depending on age starting saving

could be 20-25% if saving later in 40s or 50s

important to include employer contributions to 401k, profit sharing plans etc

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127
Q

Savings Plan or 529 Savings Plan

A

***529 Savings plan default answer for best education savings plan unless given data/info making 529 impossible/unavailable/disadvantage

Qualified State Tuition Plan

invests in diversified portfolio stocks/bonds based on child’s age

appreciation tax free if used for qualified education expenses

contributions made pro ratably over 5 year period

up to $90K in one year w/out gift tax consequences

a couple that elects gift splitting can contribute $180K (18K x 2 x 5) in one year 2024

significant for grandparents want to reduce their gross estate

considered a PARENTAL asset for financial aid purposes

distributions from plans owned by someone other than the parents for education expenses are NO LONGER considered income of the child for FASFA purposes

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128
Q

Savings Plan or 529 Savings Plan Advantages & Disadvantages

A

Advantages:
possible state income tax deduction for contributions
no phase out for who can participate
owner controls the account
can change beneficiary anytime
contributor can remove assets from gross estate
SECURE 2.0 Act changes after 12/31/23:
beneficiaries permitted to rollover up to $35k over course of lifetime from any 529 account in their name to their Roth IRA
these rollovers are also subject to Roth IRA annual contribution limits, & the 529 account must have been open for more than 15 years

Disadvantages:
10% penalty & included in gross income if NOT used for qualified education expenses
Exceptions to 10% penalty include death, disability & scholarship for beneficiary

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129
Q

Consumer Debt Payment Ratio

A

Debt Ratio

consumer debt payments should NOT exceed 20% of NET income

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130
Q

Capital Assets - ACID

A

all assets are capital assets EXCEPT ACID:
Accounts/notes receivable
Copyrights & creative works
Inventory
Depreciable property used in a trade or business

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131
Q

3 Types of Assets

A
  1. Capital Assets - most personal use assets & most investment assets
  2. Section 1231 Assets - section 1245 & section 1250 depreciable business property used in a trade or business
  3. Ordinary Income Assets - assets that are not capital assets & not section 1231 assets
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132
Q

Section 1231 Assets

A

assets used in a trade or business

do NOT include = inventory, property held by the taxpayer primarily for sale to customers in the ordinary course of their trade or business, copyrights or creative works

Section 1231 specifically includes certain property such as:
Timber
Coal
Iron Ore
Certain Livestock
Unharvested crops (under certain conditions)

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133
Q

Increases to Basis (CB)

A

capital improvements that extend the life of the asset

NOT repairs/maintenance

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134
Q

Decreases to Basis (CB)

A

Section 179 deduction

depreciation

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135
Q

Adjusted Taxable Basis - Property Acquired by Nontaxable Exchange

A

when property acquired in exchange, newly acquired property has carryover basis if property exchanged for property of equal value (no boot is paid)

if property exchanged for MORE valuable asset (thus boot is paid), new asset has carryover basis (CB of the exchanged property) plus any boot paid

if property exchanged for LESS valuable asset (thus boot is received), new asset has carryover basis reduced by any boot received that was greater than the gain

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136
Q

Basis of Gifted Property - General Rule & 2 Exceptions

A

General Rule = donee’s basis in gifted property is the SAME as the donor’s basis in the gifted property

Exception 1 = FMV of gifted ass is less than donor’s basis (loss property); Double Basis Rule must be used
- for gains only, basis of donor is adjusted basis of donee
- for losses only, basis to donee is FMV of property on date of gift
- if asset later sold by donee & amount realized is b/t FMV at time of gift & adjusted basis of donor, NO gain or loss is recognized; donee’s basis = sales price

Exception 2 = when gift tax has been paid & asset appreciated in hands of donor, portion of tax which is associated w/ the appreciation is added to the donor’s basis to determine the donee’s basis

Donee’s Basis = Donor’s Basis + [(Net Appreciation in Value of Gift / Value of Taxable Gift) x Gift Tax Paid]

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137
Q

Holding Period for Gifted Property

A

General Rule = holding period in the hands of the donee includes the HP of the donor

If double basis asset (gifted asset where FMV is less than donor’s basis at time of gift) is sold for a loss, then the holding period for the donee starts on the date of the gift

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138
Q

Related Party Transactions Rule (Section 267 - Sale to a related Party)

A

ONLY AFFECTS TRANSACTIONS WHERE THERE IS A LOSS

Transferor’s loss is forever lost; DISALLOWED LOSS

transferee takes asset w/ DOUBLE BASIS RULE (FMV for losses, transferor’s basis for gains)

holding period ALWAYS begins at the date of the sale

related parties include siblings (include half but NOT step), lineal descendants (children/grandchildren), ancestors (parents/grandparents), spouse

EXAM TIP: NEVER gift or sell an asset to a related party when the donor’s basis is greater than the FMV of the asset

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139
Q

Bargain Sales to Charity

A

if a taxpayer sells property to a charity for less than its FMV, the basis of the property must be allocated b/t the portion of the property sold & the portion given to charity

Basis for Sale Purposes = (Amount Realized / FMV) x Basis of Property

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140
Q

Holding Period

A

LTCG maximum rate 20%; STCG taxed as ordinary income

LTCG = asset held MORE than one year

day of disposition is included in HP but day of acquisition NOT included in HP

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141
Q

Realization & Recognition

A

gains on capital assets are taxed only when there has been BOTH (1) a realization event AND (2) a recognition event

gains must be realized BEFORE they can be recognized

realization occurs when there is a disposition of property (sale/exchange) OR segregation of the gain

Recognition occurs when a realized gain is taxed

as a general rule realized gains are recognized (taxed) unless an exception to this rule can be found in the Internal Revenue Code; an exception will generally provide that the gain is exempt from taxation OR the gain is deferred to a future time

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142
Q

Calculation of Gain or Loss

A

Section 1001

Realized Gain/Loss = Amount Realized - Adjusted Basis

Adjusted Basis = Cost of Property + Capital Additions - Cost Recovery

ordinary gains are fully taxable, ordinary losses are fully deductible

capital gains/loss subject to special tax treatment

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143
Q

Calculation of Amount Realized

A

Amount Realized = Cash received + FMV of property received in exchange + Liabilities Shed

the party that is giving up or “shedding” the debt will be deemed to have an additional amount realized

conversely the party assuming the debt will be deemed to be paying that amount in the exchange

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144
Q

Wash Sale Rule

A

losses on wash sales are disallowed

occurs when a taxpayer disposes of securities at a loss & acquires substantially identical securities w/in 30 days before or after the date of the loss sale

the disallowed loss is ADDED to the cost of the new stock or security to determine the new basis of the substantially identical securities

EXAM TIP:
Index fund for Index fund = wash sale rule APPLIES

Index fund for managed large cap fund = wash sale rule does NOT apply

Personal Use Property - losses disallowed
= losses generated on the sale or exchange of property that is used for personal purposes is disallowed for income tax purposes

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145
Q

Section 121 Exclusion of gains from sale of principal residence

A

property must have been owned & occupied as a principal residence for 2 of the last 5 years; exclusion can only be used once every 2 years

single taxpayers may exclude up to $250K of gain from sale of principal residence
MFJ may exclude up to $500K of gain from the sale of their principal residence

if married both MUST meet the use requirement & not have utilized the exclusion w/in the last 2 years but either may meet the ownership requirement

a reduced exclusion is available if sale of personal residence is d/t change in employment, change of health, or other unforeseen circumstances

Exclusion Allowed = (# of months met / 24) x Available Exclusion

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146
Q

Worthless Securities

A

a loss resulting from worthless securities is deductible in the year in which the securities become completely worthless

Section 165 sets the artificial sale date for the securities as the last day of the year in which the securities became worthless

Always 12/31 for Calendar year taxpayers!

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147
Q

3 Types of Assets

A
  1. Capital Assets = most personal use assets & most investment assets
  2. Section 1231 Assets = Section 1245 & Section 1250 Depreciable Business Property used in a trade or business
  3. Ordinary Income Assets = assets that are not capital assets & not Section 1231 assets
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148
Q

Section 1244 Limitations on Losses

A

single deduct up to $50K ($100K MFJ) on loss on small business stock as ordinary loss if following requirements met:
1. stock represents ownership in domestic corporation
2. corporation was a small business corporation (less than $1MM total capital contributions plus paid-in capital
3. loss was sustained by the original owner of the stock

loss in excess of per year limit is treated as capital loss

any gains associated w/ Section 1244 stock treated as capital gains

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149
Q

Section 1231

A

assets must have holding period more than 1 year

gains = capital gains
losses = ordinary losses

Depreciation Recapture:
gain on the disposition of Section 1245 property treated as ordinary income to extent of depreciation allowed/allowable on property

any gain beyond that which must be treated as ordinary income is treated as a Section 1231 gain

Section 1245 property = property subject to an allowance for depreciation or amortization, tangible personal property used in a trade or business & includes depreciable property (equipment), patents, copyrights & other intangibles

Real Property (land & buildings) is NOT Section 1245 property

EXAM TIP:
the ONLY way to have a section 1231 gain on a section 1245 property is to sell it for more than it was originally purchased for

EXAM TIP:
Note - ANY sale amount in excess of the original purchase price of a Section 1245 asset is a Section 1231 gain

Section 1250 governs the recapture of depreciation on real Section 1231 assets (business realty such as buildings & real estate)

  • lesser of gain or difference b/t depreciation taken & straight line depreciation taxed as ordinary income (recapture of excess depreciation)
  • if gain exceeds amount, lesser of the remaining gain or the SL depreciation taken on the property will be taxed at 25% (un-recaptured Section 1250 depreciation)
  • any gain in excess taxed at capital gains rates

ALL Section 1250 losses are ordinary losses

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150
Q

Nontaxable Exchanges - Involuntary Conversions Section 1033

A

deferral of gain on an involuntary conversion of property d/t destruction/theft/seizure/condemnation

defer gains to extent proceeds received reinvested in replacement property w/in appropriate time period

time period starts at date of realization of involuntary conversion or threat of condemnation; time period ends 2 years (3 years for condemnation of realty) from the year-end of year that gain is realized

to extent proceeds are not reinvested gain must be recognized

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151
Q

Like-Kind Exchanges Section 1031

A

deferred taxation of gains only for real property transactions held for either productive use in a trade or business or as an investment; only applys to U.S. realty, NOT foreign

1031 does NOT apply to = tangible personal property (since TCJA), personal assets, inventory, stocks, bonds, notes, interests in partnerships, certificates of trust or beneficial interests

anything considered not like-kind in the exchange is called “boot”

party trading up recognizes no gain & adds to their old basis any boot/cash given to other party

party trading down (receiving less like-kind property than given up) recognize gain to extent of boot received; if boot exceeds gain the amount of boot in excess of gain is treated as return of capital & reduces the basis in the new asset

FMV of new asset - gain NOT recognized + loss NOT recognized = basis in new asset

basis in boot received is FMV of property

IRC Approach (BEWARE OF USING IRC APPROACH!)
Adjusted Basis of Like-kind asset Given + Adjusted Basis of Boot Given + Gain Recognized - FMV of Boot Received - Loss Recognized = Basis in New Asset

TIP: mortgage relief is boot, so is forgiveness of debt, the one receiving debt relief think of as the one receiving cash

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152
Q

Bottom-Up Equity Managers

A

Value Managers
Technicians

looking for the next big, but as yet, undiscovered stock that will break onto the scene

start w/ the company then the industry then finally the economic climate

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153
Q

Top-Down Managers

A

Group rotation managers
Market timers

starts w/ the economic climate, moves to the industry then the company

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154
Q

R-Squared

A

R-Squared = correlation coefficient squared

R-Squared measures the percentage of return d/t the market

greater than or equal to 0.7 means beta is appropriate

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155
Q

When is standard deviation the best measure of a portfolio’s risk level?

A

when a portfolio is not well diversified

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156
Q

Basic Tax Formula

Gross Income
AGI
Taxable Income
Tax Due (or Refund Due)

A

Gross Income = Income (broadly conceived) - exclusions from income

AGI = Gross Income - deductions FOR AGI (ATL)

Taxable Income = AGI - (the greater of total itemized deductions (BTL) OR standard deduction) - any QBI x 20% deduction

Tax Due (or Refund Due) = Tax on Taxable Income - tax credits (including federal income tax withheld & other prepayments of federal income taxes)

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157
Q

Doctrine of Constructive Receipt

A

income is taxable when it is:
1. Readily available to the taxpayer, AND
2. that income is NOT subject to substantial limitations or restrictions

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158
Q

Qualifying Child (NOT for $2,000 credit)

A

Meets all of the following tests:
1. Relationship Test = taxpayer’s child, grandchild, step brother/sister, half brother/sister
2. Support Test = child does NOT provide more than 1/2 of their own support
3. Age Test = child is under age 19 or student under age 24
4. Abode Test = child lived w/ taxpayer more than 1/2 of the year

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159
Q

Qualifying Relative

A

Meets all of the following tests:
1. Relationship (or household member) Test = children, grandchildren, siblings, parents, grandparents, parent’s siblings OR anyone that lives w/ you all year even if they are not related
2. Support Test = provide more than 1/2 of the support of a dependent
3. Gross Income Test = dependent’s gross income must be less than $5,050 (2024)
4. Not a Qualifying Child Test = a dependent cannot be a qualifying child of any taxpayer for the tax year

EXAM TIP = no cousins unless in the same household!

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160
Q

Items Specifically Included in Gross Income

A

Compensation for services (including certain fringe benefits)

Gross income derived from business

Gains derived from dealings in property

Interest & Dividends

Rents & Royalties

Income from life insurance & endowment contracts

Pensions

Discharge of indebtedness (unless under bankruptcy)

Distributive share of partnership gross income

Unemployment benefits

Income in respect of a decedent (IRD)

Income from an interest in an estate or trust

Annuity payments

Alimony & separate maintenance payments (dated PRIOR to 2019)

Below Market Rate Loans (Imputed Interest)

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161
Q

Social Security Benefits Taxation

A

up to 85% of SS benefits may be taxable; dependent on taxpayer’s MAGI

MAGI + 1/2 of SS benefits must be compared to hurdle amounts (not on tax table)
1st hurdle: MFJ = $32K; MFS = $0; All Other Taxpayers = $25K
2nd Hurdle: MFJ = $44K; MFS = $0; All Other Taxpayers = $34K

  1. If MAGI + 1/2 SS Benefits exceeds first hurdle but not the second; taxable amount of SS Benefits is LESSER OF:
    - 50% SS Benefits OR
    - 50% [MAGI + (1/2 SS Benefits) - Hurdle 1]
  2. If MAGI + 1/2 SS Benefits exceeds second hurdle; taxable amount of SS Benefits is LESSER OF:
    - 85% SS Benefits OR
    - 85% [MAGI + (1/2 SS Benefits) - Hurdle 2] + LESSER OF:
    (a) $6K MFJ, $4,500 all other taxpayers OR
    (b) taxable amount calculated under the 50% formula & only considering Hurdle 1
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162
Q

Below Market Rate Loans (Imputed Interest)

A

imputed interest included in income of lender (phantom interest income); also is the amount of the gift from the donor (lender) to the donee (borrower); gift may be eligible for annual gift tax exclusion

if loan less than or equal to $10,000 = NO imputed interest

loan greater than $10K but less than or equal to $100K = imputed interest is LESSER of NII or interest calculated using AFR less interest calculated using stated rate of the loan (if borrower’s NII less than or equal to $1,000 then $0 imputed interest)

if loan greater than $100,000 = imputed interest calculated using AFR less interest calculated using stated rate of the loan

AFR = Applicable Federal Rate

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163
Q

Items Specifically Excluded from Gross Income

A

Gifts & Inheritances

Life Insurance Proceeds

Scholarships (tuition, fees, books)

Gain on Sale of Personal Residence

Qualifying Distributions from Roth IRAs & Roth 401(K)/403(b) Plans

Compensation for Injuries & Sickness (workers comp?)

Employer sponsored accident & health plans

Child support payments received

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164
Q

Gross Income Exclusions - Employee Benefits

A

meals & lodging; lodging must be condition of employment

Employer sponsored Accident & Health Plans
- Medical
- Group Term Life Insurance
– cost of first $50K of coverage NOT taxable to employee; cost of excess coverage taxable determined by Uniform Premium Table I

Other Employee Fringe Benefits:
- Athletic Facilities (on employer premises)
- Educational Assistance Programs (limited to $5,250/year)
- Flexible spending Accounts permitted $3,200 (2024) per year whereas Dependent Care Spending Accounts permitted $5,000 maximum contribution per year

Classes of Nontaxable Employee Benefits:
- No-additional-cost-services
- Qualified employee discounts (service -20%; products - profit %)
- Working condition fringe benefits
- De Minimis fringe benefits

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165
Q

Functions of AGI (4)

A
  1. limiting measure (floor) for medical expenses (7.5%)
  2. limiting measure (ceiling) for charitable deductions
  3. determines deductibility of IRA contributions
  4. determines phaseout of other tax benefits
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166
Q

Above the Line Deductions (FOR AGI) ATL

A

deductions from losses on sale or exchange of property

deductions from rental & royalty property

1/2 self-employment tax paid

100% health insurance premiums paid by a self-employed individual

contributions to pension, profit sharing, annuity plans, IRAs, etc

penalty on premature withdrawals from time savings accounts or deposits

interest on student loans = $2,500 deduction regardless of filing status; may be used for higher education expenses related to tuition, fees, room & board, necessary fees for people at least half time; phaseout single 80-90K, MFJ 165-195K 2024

Health Savings Accounts

Trade or business expenses

Alimony payments = divorced before 2019 & NOT materially modified

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167
Q

ATL Deductions - Trade or Business Expense

A

in order for expenses to be deductible, they MUST be:
1. Ordinary = normal/usual/customary for others in similar business & not capital in nature
2. Necessary = prudent businessperson would incur same expense
3. Reasonable = question of fact

Other Ordinary & Necessary:
- Business Gifts = limited to $25 each plus shipping
- Entertainment Expenses = deductions except for meals are eliminated for years after 2017; 50% limit on meals, 100% of transportation costs; entertainment expenses are NO longer deductible

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168
Q

ATL Deductions - Alimony

A

for alimony paid under an agreement signed on or before 12/31/2018

alimony paid is a deduction FOR AGI ATL; payment for support, payments in cash that do NOT extend beyond death of payee

CHILD SUPPORT IS NOT ALIMONY

alimony received is earned income (provides for IRA funding) if divorced on or before 12/31/2018

alimony cannot be property settlement; no deduction is available for property transferred among spouses

for agreements signed (or significantly modified w/ an election to follow the new tax treatment) after 12/31/2018 = alimony is no longer deductible or taxable

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169
Q

ATL Deductions - Moving

A

Changes since TCJA:
- under TCJA, moving expenses are NO longer deductible except for armed services relocating to a permanent duty station
- if employer pays or reimburses moving expenses then employer must include the amounts paid in the employees gross income

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170
Q

Below the Line Deductions (FROM AGI) BTL

A

greater of sum of itemized deductions or standard deduction
standard deduction = given amount for tax year
itemized deductions (aka Sch A & BTL)

charitable contributions

limited casualty losses

medical expenses in excess of 7.5% of AGI (made permanent)

limited miscellaneous itemized deductions

interest on mortgage & investments, subject to limitations

taxes (state/sales & use, local, US property) capped at $10,000

***Qualified Business Income Deduction - applies to both standard & itemized

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171
Q

BTL Deductions (Itemized) - Casualty Losses

A

only available for Federally declared disaster areas; sudden & unexpected loss; not available for erosion or termite damage

loss equal to LESSER of decline in FMV or Adjusted Taxable Basis
less $100 per incident; subject to 10% of AGI floor

Estate Administration losses & Business casualty losses still exist; not subject to same restrictions

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172
Q

BTL Deductions (Itemized) - Misc Itemized Deductions

A

NOT subject to 2% AGI threshold:
- Income in respect of decedent (IRD)
- Gambling losses to extent of gambling winnings
- Impairment related work expenses for handicapped
- Annuity losses for decedent annuitant

*ABSOLUTELY need to know the deductions not subject to 2% floor

miscellaneous deductions previously subject to the 2% AGI limit are no longer deductible

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173
Q

BTL Deductions (Itemized) - Interest

A

Mortgage Interest:
- interest on up to $1MM of indebtedness on primary residence & one other property for property financed prior to 12/15/2017
- interest on up to $750K of indebtedness on primary residence & one other property for property financed after 12/15/2017
- NO home equity interest is deductible unless used to improve the property
- calculated by dividing the qualified mortgage over the total mortgage times the interest paid

Investment Interest:
- to the extent of net investment income (NII)
- NOT including qualified dividends & LTCG
- special election to tax these at ordinary income tax rate will include in net investment income (NII)

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174
Q

BTL Deductions (Itemized) - Taxes

A

state income taxes OR sales & use tax
city income taxes
ad valorem taxes (property taxes (house/vehicles etc) for US property
deduction when paid (cash basis)
no foreign taxes are deductible

deductible only by tax bill recipient

Capped at $10,000

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175
Q

BTL Deductions (Itemized) - Qualified Charity Contributions

A

overall the total deductible contributions for the tax year cannot exceed 50% of the donor’s AGI when both cash & property are donated in the same tax year

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176
Q

Adoption Expense Credit

A

credit for adoption expenses incurred up to $16,810 (2024)
phased-out ratably for MAGI b/t $252,150-$292,150 (2024)

an eligible child is one that is less than 18 years of age OR physically or mentally handicapped

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177
Q

Child Tax Credit

A

partially refundable child tax credit of $2,000 available to individual taxpayer for each qualifying child under the age of 17

Qualifying Child =
- is son/daughter/stepchild/foster child/brother/sister/stepbrother/stepsister/halfbrother/halfsister/or a descendant of any of them (ex grandchild)
- under age 17 @ end of tax year
- did NOT provide over half of their support for the tax year
- lived w/ taxpayer for more than half the year
- was a U.S. citizen, U.S. national, or a resident of the United States

under TCJA up to $,1700 each qualifying child credit may be refundable

phaseout AGI $200k/$400k

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178
Q

Qualifying Dependent Tax Credit (Family Credit)

A

qualifying dependent credit for years after 12/31/17

$500 nonrefundable credit

qualifying dependents includes dependents as defined under present law except for qualifying children under age 17; so assume qualifying relatives AND qualifying children age 17 & over are eligible

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179
Q

Child & Dependent Care Credit

A

credit of 20% of expenses paid (limited) for the care of dependent under age 13 or spouse or dependent w/ a handicap

lesser of actual costs or $3,000 for one qualified individual & $6,000 for two or more qualified individuals and the earned income of the lower earning spouse

EXAM TIP: most likely to be tested is 20% x eligible costs; $3,00 for one child or $6,000 for two children

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180
Q

Kiddie Tax

A

applies to unearned income of dependent children under age 19 living w/ parent or under age 24 & a full-time student

unearned income in excess of $2,600 taxed at parent’s rate

unearned income b/t $1,300 & $2,600 taxable @ child’s rate

earned income above the standard deduction taxed @ child’s rate

apply standard deduction for a dependent = greater of $1,300 or earned income plus $450 (limited to $14,600)

EXAM TIP: the kiddie tax only applies to UNEARNED INCOME in excess of $2,600

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181
Q

AMT

A

taxpayer liable for greater of regular tax liability or the AMT

AMT = regular taxable income +- adjustments + preferences less AMT exemptions (2024) $133,300 MFJ, $85,700 single/HoH, $66,650 MFS

preferences = permanent changes (private activity bonds)

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182
Q

AMT Adjustments

A

positives or negatives

accelerated depreciation for real & personal property that is allowable for regular tax purposes (added back)

the standard deduction if itemized deductions are NOT used (added back)

taxes (state/local/property) (added back, capped at $10k)

Incentive Stock Option bargain element (positive @ exercise, negative @ sale)

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183
Q

AMT Preference Items

A

Percentage depletion

Intangible drilling costs

Interest on private activity bonds

EXAM TIP: make sure to know the three preference items!

permanent increases; always added back, NEVER subtracted

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184
Q

Hobby Losses

A

all ordinary, necessary, & reasonable business expenses are deductible against income; to be classified as a business activity the taxpayer must have a profit motive

when there is no profit motive & the activity is classified as a hobby = ALL of the hobby income must be included in gross income

TCJA hobby expenses are NOT deductible

no profit in 3 years out of 5 years = presumed a hobby

hobby activities cannot generate deductible losses

the hobby rules may still be tested as it relates to when an activity is deemed a hobby & as it relates to mixed use real estate rentals

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185
Q

Rental Use Classification

A
  1. Is the property rented for less than 15 days?
    - YES = nontaxable activity = income realized, NOT recognized, no expenses may be claimed
    - NO = see next step
  2. Is the property used by the owner for more than the greater of 14 days or 10% of the rental days?
    - YES = Mixed Use Activity = income recognized, allocable expenses deductible to extent of income, 2% floor does NOT apply, expenses deducted ATL, unused expenses can be carried forward
    - NO = Rental Activity = income recognized, all allocable expenses deductible even if rental activity results in loss, ability to claim loss may be limited by passive-activity rules
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186
Q

Tax Deductions for Pass Through Entities

A

20% deduction based on QBI; deduction reduces taxable income, NOT AGI

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187
Q

Taxable Income Flow Through Entities

A

At Risk Rules & Passive Activity Treatment:
- three types of income = active, passive, portfolio
- under the at risk rules, apply before passive activity rules, losses can only be deducted to the extent of property/money that is at risk
passive losses can only offset passive income &/or gains

At-risk = amount of a taxpayer’s economic investment in an activity, amount of cash & adjusted basis of property contributed to activity plus amounts borrowed for which taxpayer is personally liable (recourse debt)

Passive Activity = NO material participation, rental activities even w/ material participation; exception = real estate dealers are NOT considered a passive activity

if the real estate is actively managed then taxpayer can deduct up to $25K from ordinary income subject to phase-out of $1 for every $2 AGI exceeds $100K

Material Participation = greater than 500 hours per year OR greater than 100 hours & the most of any participant

Suspended Losses at Risk = if suspended losses are from “At Risk” activity they are NOT deductible until the at risk amount is positive from additions or income; if losses are suspended under passive activity rules the losses are deductible upon disposition

Publicly Traded Partnershps must be treated separately; income/losses can only be used for that partnership

losses from a limited partnership cannot be used to offset income from a master limited partnership (MLP)

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188
Q

Election to Expense Assets - Section 179

A

can elect to immediately expense up to $1,220,000 of business tangible property placed in service during the year

expense limitation reduced by amount of Section 179 property placed in service during year that exceeds $3,050,000; dollar-for-dollar reduction

election to expense cannot exceed taxable income (before section 179) of taxpayer’s trades or business (taxpayer cannot create a loss using Section 179)
- excess of limitation over taxable income limitation may be carried over to subsequent years, amount carried over still reduces basis currently

Section 179 applies BEFORE MACRS

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189
Q

Industries More Affected by Recession as employment & production are concerned:

  1. Capital goods
  2. Consumer durable goods
  3. Consumer nondurable goods
  4. Services
A

Capital Goods & Consumer durable goods are cyclical & fluctuate directly w/ the economy & GDP

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190
Q

Holding Period Return Formula

A

(SP - PP +- CF) / PP or equity invested

% of return available from a given investment

CF includes margin interest

SP = selling price

PP = purchase price

CF = cash flow

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191
Q

Conversion Value Formula

A

CV = (PAR / CP) x Ps

values a convertible bond in terms of its conversion value rather than its market price

CV = conversion value

PAR = face value of bond

CP = conversion price to convert the bond to shares of common stock

Ps = sale (or market) price of the stock

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192
Q

Jensen Model (alpha)

A

measures performance of portfolio manager to the market on a risk adjusted basis

+alpha = good

-alpha = bad

absolute measure

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193
Q

Margin Position

A

MP = Equity / FMV

current equity position of the investor

Equity = Stock Price - Loan

Required Equity = Current Price x Maintenance

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194
Q

Market Risk Premium in CAPM

A

(Rm - Rf)

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195
Q

Margin Call Formula

A

Margin Call = Loan / (1 - Maintenance Margin)

the lowest price at which the price can fall before an investor will receive a margin call

***at what price does an investor receive a margin call price

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196
Q

Tax Exempt Yield

A

not on formula sheet

= corporate rate x (1 - Marginal Tax Rate)

after tax ROR a taxable corporate bond pays

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197
Q

Taxable Equivalent Yield

A

on formula sheet

TEY = r / (1 - t)

r = tax exempt yield
t = investor’s marginal tax rate

the equivalent yield of a taxable security

Exam Tip = if I am given the taXable rate, I need to multiple (X) in the formula

Tax Equivalent = think pre-tax

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198
Q

Information Ratio

A

on formula sheet

IR = (Rp - Rb) / SDa

Rp = return of portfolio

Rb = return of a benchmark

SDa = tracking error of active return

measures return above benchmark divided by SD

measures the excess return & consistency provided by a fund manager relative to a benchmark

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199
Q

Expected ROR formula

A

on formula sheet

r = (D1 / p) + g

D1 = next expected dividend

p = market price paid for a security

g = dividend growth rate or the company growth rate

the rate an investor should expect based on price paid for a security

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200
Q

Property Valuation Formula

A

Value = Net Operating Income (NOI) / Capitalization Rate

the value of income producing property

cap rate = opportunity cost of capital

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201
Q

Net Present Value Formula

A

NPV = PV of CF - Cost

value of a stream of future cash flows discounted at the opportunity cost of capital

Exam Tip = if NPV = 0 then yes make the investment

a positve NPV the investor would make the investment

a negative NPV & the investor would NOT make the investment

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202
Q

Coefficient of Variation formula

A

CV = SD / x

x = mean expected (average) return

standardizes the measure of risk per unit of return

useful when comparing two assets w/ different average returns

Exam Tip = the asset w/ lower CV (risk/return) has the higher risk asjusted return (return/risk)

the higher the CV the more risky an investment & the less likely an investor is to achieve the average return

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203
Q

The estimated value of a real estate asset in a financial statement prepared by a CFP certificant should be based upon the:

A

value that a well informed buyer is willing to accept from a well informed seller where neither is compelled to buy or sell

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204
Q

Supply Demand Graph

A

x axis = quantity
y axis = price

top left to bottom right = Demand

bottom left to top right = Supply

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205
Q

Comparing HMOs & PPOs

A

HMO = cheaper, in-network only

PPO = more expensive, more flexibility

similarities = no paperwork if in-network?

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206
Q

Long Term Care (LTC)

A

must be chronically ill or suffer from substantial cognitive impairment

chronically ill = unable to perform 2 of 6 ADLs for at least 90 days

substantial cognitive impairment = behavior threatens own/others health & safety

ADLs = eating, bathing, dressing, transferring from bed to chair, toileting, continence
BEDTC

EXAM TIP: walking is NOT a current ADL

premiums tax deductible & benefits tax free if policy is qualified

maximum deduction if over 70 = $5,880 (likely to be tested)

EXAM TIP: a portion of LTC premiums are tax deductible subject to medical deduction of 7.5% of AGI

qualified requirements = no surrender value, limited to qualified LTC services, dividends to reduce future premiums or increase benefits, meet consumer protection laws, does NOT pay for expenses covered under Medicare

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207
Q

General Exclusions for all HO Policies

A

Movement of ground (earthquake/landslide)

Ordinance or Law (regulations construction/demolition)

Damage from water (floods, water from underground, sewer backup)

War or nuclear hazard (nuclear power plant)

Power failure (power plant failure that causes a loss)

Intentional act (burning down your own house)

Neglect (must take reasonable means to save property & mitigate loss)

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208
Q

Homeowners Insurance Forms Available

A

HO-1 = Basic Form, basic named perils

HO-2 = Broad Form, basic & broad perils

HO-3 = Special Form, coverage on dwelling & other structures on an open peril basis resulting in coverage against all physical loss other than those specifically excluded; personal property covered on a named peril basis (memorize HO-3)

HO-4 = Contents Broad Form (renters)

HO-5 = Comprehensive Form

HO-6 = Unit Owners Form (CONDO OWNERS)

HO-8 = Modified Form (old homes)

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209
Q

Collision

A

Part D

protects against an accident involving another car, running off the road, into a creek or lake, tree, wall

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210
Q

Comprehensive or Other Than Collision (comprehensive = animate object always (rock animal, if inanimate (run into a wall) then collision if behind the wheel & comprehensive if not behind the wheel)

A

Part D

covers the following perils:
falling objects
fire
theft
explosion
earthquake
windstorm
hail
water
flood
mischief
vandalism
riot
contact w/ a bird or animal
breakage of glass

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211
Q

Personal Liability Umbrella Policy (PLUP)

A

protection against legal obligations that arise from negligent acts

pays the costs up to the face of the policy that result in a liability

usually provides defense for the insured in the event of a lawsuit

requires higher liability limits on underlying auto & homeowner policies

the coverage includes exposure at the premises of the residence or away from the residence

EXAM TIP: if a client doesn’t have a PLUP THEY NEED IT; a PLUP is always the right answer; look for $1 million in coverage

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212
Q

Social Security Percentages & Payroll taxes

A

OASDI 6.2% (both ER & EE) up to wage base $168,600 (single, rest on formula sheet)

Medicare 1.45% (both ER & EE) unlimited amount of wages

Additional Medicare tax of 0.9% (EE) on income in excess of $200,000 if single or $250,000 for MFJ unlimited amount of wages

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213
Q

Social Security Definition of Disability

A

disability is expected to last for 12 months or disability will result in your death & cannot perform the duties of any occupation

severe physical or mental impairment that is expected to prevent worker from performing substantial work for at least one year or result in death

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214
Q

Social Security Retirement Eligibility (Medicare)

A

to qualify for retirement benefits a worker must be “fully insured”

must earn 40 quarters of coverage

1 quarter = $1,730 in wages subject to social security

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215
Q

Social Security Disability Eligibility (Medicare)

A

covered for disability if age 31 & greater, fully insured (40 quarters) & earned 20 quarters in the last 40 quarters

24-31; 1/2 of calendar quarters elapsed since worker reached age 21

if ages 21-24; 6 quarters earned

currently insured has NO spousal benefit

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216
Q

Social Security Beneficiaries

A

Most Important:

Disabled insured worker under age 65

A retired insured worker under age 62

Spouse of a retired or disabled worker who is at least 62 OR is caring for a child under age 16 or disabled

Divorced spouse of a covered worker if age 62 & married to the worker for at least 10 years & did not remarry

Widow at age 60, care of child under age 16
*watchout for blackout period

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217
Q

Medicare

A

provides hospital & medical insurance

must have attained age 65 years OR disabled for 2 years

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218
Q

Social Security Beneficiaries Chart

A
219
Q

Interest & Penalties for Noncompliance (Filing Taxes)

A

Failure to File = Five %

Failure to Pay = Point five %

220
Q

Annual Depreciation Deduction Formula

A

Adjusted Basis - Salvage Value = Depreciable Amount

Depreciable Amount / Estimated Useful Life = Annual Depreciation Deduction

221
Q

Property Classes & Depreciation

A

3 Year = Tractors, rent-to-own property

**5 Year = Autos, computers, office equipment

**7 Year = office furniture & fixtures

27.5 Year = rental home

39 Year = office building

** = the two categories most likely to be tested

222
Q

Which property uses mid-month convention depreciation?

A

nonresidential real property & residential rental property

223
Q

Sole Proprietorships Advantages & Disadvantages

A

Advantages:
- easy to form
- simple to operate
- easy to sell business assets
- few administrative burdens
- income generally passed through to the owner on Schedule C of Form 1040

Disadvantages:
- generally have limited sources of capital
- unlimited liability
- no guarantee of continuity beyond the proprietor
- business income is subject to self-employment tax

224
Q

General Partnerships Advantages & Disadvantages

A

Advantages:
- more sources of initial capital than proprietorships
- usually have more management resources available than proprietorships
- have fewer administrative burdens than corporations
- income & losses generally passed through to the partners for tax purposes

Disadvantages:
- transfer of interests more difficult than for proprietorships
- unlimited liability (each partner liable for partnership debts & obligations)
- partnership income tax & basis adjustment rules can be complex
- business net income subject to self-employment tax
- partners entitled to few tax-free fringe benefits that are generally available to all employees

225
Q

Limited Partnerships Advantages & Disadvantages

A

Advantages:
- favorable pass-through partnership taxation status
- flexibility in structuring ownership interests
- limited partners are not personally liable for the debts & obligations of the limited partnership as long as they do not engage in management

Disadvantages:
- must file w/ the state to register
- in most states, general partners are liable for debts & other obligations of the limited partnership
- losses for limited partners are generally passive losses

226
Q

Limited Liability Partnerships (LLP) Advantages & Disadvantages

A

Advantages:
- favorable pass-through partnership taxation available
- flexibility in structuring ownership interests
- partners can insulate themselves from the acts of other partners

Disadvantages:
- required to file w/ the state to register
- unlimited liability for own acts of malpractice

227
Q

Family Limited Partnerships (FLP) Advantages & Disadvantages

A

Advantages:
- control retained by senior family member
- valuation discounts are available for minority interests
- annual exclusion gifts generally used to transfer interests to family members
- some creditor protection
- restrictions can be placed on transferability of limited partnership interests of junior family members
- FLP is commonly used as an estate planning strategy

Disadvantages:
- attorney setup fees & costs
- periodic valuation costs
- operational requirements
- potential IRS challenges regarding valuations & discounts

228
Q

Limited Liability Companies (LLC) Advantages & Disadvantages

A

Advantages:
- members have limited liability
- # of members unlimited but single member LLC is disregarded entity for tax purposes (file form 1040 schedule C)
- members may be individuals, corporations, trusts, other LLCs & other entities
- income passed through to members usually on Schedule K-1
- double taxation affecting most C corporations avoided if partnership tax status elected
- members can participate in managing the LLC
- distributions to members do not have to be directly proportional to the members’ ownership interests as they do for S corporation
- can have multiple classes of ownership
- entity may elect to be taxed as a partnership, an S corporation, or a C corporation

Disadvantages:
- may have limited life (often by the termination on the death or bankruptcy of a member)
- transfer of interests is difficult & sometimes limited by operating agreement
- some industries or professions may not be permitted to use LLC status
- laws vary from state to state regarding LLCs
- laws are relatively new for LLCs therefore precedent from prior court cases are limited
- for tax purposes the complex partnership rules generally apply
- members not meeting exceptions are subject to self-employment tax on all earned income if partnership status is elected

229
Q

C Corporation Dividend-Received Deductions based on ownership percentages

A

ownership less than 20% = 50% DRD

ownership at least 20% & less than 80% = 65% DRD

ownership at least 80% (affiliated corporations) = 100% DRD

230
Q

C Corporations Advantages & Disadvantages

A

Advantages:
- relative ease raising capital
- limited liability of shareholders
- unlimited life of entry
- ease of transfer o ownership interests
- generally more management resources
- shareholder/employees may receive the full array of employer-provided tax-free fringe benefits

Disadvantages:
- potential for double taxation d/t entity level taxation
- administrative burdens (filings)
- more difficult to form & dissolution can cause taxable gains
- borrowing may be difficult w/out stockholder personal guarantees which negates part of the advantage of limited liability
- requires a registered agent
- requires a federal tax ID #

231
Q

S Corporation Requirements

A

must meet all following requirements at all times for “S” election to be initially & continually valid

  1. no more than 100 eligible shareholders
  2. ownership of S corp stock restricted to individuals who are US citizens or US residents, estates, certain trusts, & charitable organizations; an ESBT (Electing Small Business Trust) is one of the trusts that an own an S Corporation
  3. the corporation must be an eligible corporation created under the laws of the United States or of any state
  4. Insurance companies, Domestic International Sales Corporations (DISCs), & certain financial institutions are NOT eligible for S corp status
  5. the corporation is allowed only one class of outstanding stock however the one class of stock may have shares w/ voting rights & shares w/ no voting rights
232
Q

S Corporation Advantages & Disadvantages

A

Advantages:
- income passed through to shareholders for federal income tax purposes
- income taxed at individual level which may be lower tax rate than applicable corporate rate
- shareholders have limited liability
- distributions from S corporations are exempt from the payroll tax system assuming the corporation provides adequate compensation to those shareholders who are employees of the corporation

Disadvantages:
- limited to 100 shareholders
- only one class of stock permitted
- cannot have corporate, partnership, certain trust, or nonresident alien shareholders
- shareholder employees owning more than 2% of the company must pay taxes on a range of employee fringe benefits that would be tax-free to a shareholder/employee of a C corporation
- the tax rate of the individual shareholder may be higher than the corporate tax rate
- borrowing may be difficult w/out stockholder personal guarantees, which negates part of the advantage of the limited liability

233
Q

Personal Holding Company

A

both requirements to be met:

  1. Personal Holding Company Income Test = at least 60% of the corporation’s adjusted ordinary gross income for the tax year is from dividends, interest, rent & royalties
  2. Stock Ownership Requirement = at any time during the last half of the tax year more than 50% in value of the corporation’s outstanding stock is owned, directly or indirectly, by 5 or fewer individuals
234
Q

Odd Lot Theory

A

small investors are always wrong

if odd lot purchases are falling d/t relative odd lot sales, it indicates the little guy thinks the market will fall

according to theory this would indicate rally is coming

235
Q

Dow Theory

A

deals in three levels of market activity over time

236
Q

DB Taxable Amount to Purchaser in Viatical Settlement

A

Taxable Amount = Death Benefit - Purchase Price of Policy - Premiums Paid by Purchaser after Purchase

237
Q

3 Risks of Mortgage-Backed Securities

A

purchasing power risk

interest rate risk

prepayment risk

238
Q

the duration of a bond is a function of its:

A

current price

time to maturity

yield to maturity

coupon rate

239
Q

3 Authority Levels

A
  1. Implied Authority = actions assumed to be part of an agent’s repertoire w/in their rights; authority to write a policy etc; this level takes place b/t the agent & the company (as stated in the facts of the question)
  2. Express Authority = written in the contract
  3. Apparent Authority = when a 3rd party believes there is authority (signage, business cards) but NONE EXISTS

Note:
when a client sees letter head, they assume you can conduct business; that is based on one of two things:
1. you have expressed authority which means you have implied authority
OR
2. you do not have expressed authority which means you have apparent authority

240
Q

Dividends

A

Cash Dividends:
- qualified dividends receive capital gains treatment
- Qualified Dividend = paid by american company or qualifying foreign company, not listed as a dividend that doesn’t qualify by IRS, held the stock for more than 60 days during the 121 day period that begins 60 days before the ex-dividend date

Stock Dividends are NOT taxable to the shareholder

241
Q

Beta

A

measure of systematic risk or market risk whereas standard deviation is a measure of total risk

beta is an appropriate measure of risk for a well diversified portfolio

beta of the market is 1

beta greater than 1 will have greater fluctuation & vice versa

242
Q

Coefficient of Determination

A

R-Squared

measure of how much return is d/t the market

R-squared tells the investor if beta is an appropriate measure of risk

greater than or equal to 0.7 indicates beta is an appropriate measure

tells us diversification & benchmark

243
Q

Modern Portfolio Theory

A

acceptance by an investor of a given level of risk while maximizing their expected return objectives

Optimal Portfolio is the one selected from all efficient portfolios
1. investors seek the highest return attainable at any level of risk
2. investors want the lowest level of risk at any level of return
3. the assumption is also made that investors are risk averse

244
Q

Serial bonds

A

issued in series & mature in series

245
Q

Registered bonds

A

paid interest based on to whom the bonds are registered

246
Q

Bearer bonds

A

pay interest to the holder of the bond

247
Q

Reset bonds

A

interest rates can be reset on reset bonds & U.S. government issues Treasury bonds, both are registered

248
Q

Substitution Swaps

A

take advantage of anticipated & potential yield differentials b/t bonds that are similar w/ regard to coupons, rating, maturities, & industry

249
Q

Rate Anticipation Swaps

A

utilize forecasts of general interest rate changes

250
Q

Yield Pickup Swaps

A

designed to alter the cash flow of the portfolio by exchanging similar bonds having different coupon rates

251
Q

Tax Swaps

A

replaces bonds w/ offsetting capital gains & losses

252
Q

Minimum Tax Amount to Pay in Estimates to meet safe harbor

A

90% of current year, 100% of prior year, OR 110% of prior year

If AGI from year prior is greater than $150K then safe harbor is 90% of current year tax or 110% of prior year tax

110% for prior year tax safe harbor ONLY applies if AGI is over $150K this year

253
Q

Effective Income Tax Rate

A

the average rate a taxpayer pays based on taxable income

determined by dividing the tax liability by the taxable income

254
Q

Items NOT allowed when figuring an NOL

A

any deduction for personal exemptions

capital losses in excess of capital gains

the section 1202 exclusion

nonbusiness deductions in excess of nonbusiness income

net operating loss deduction

the domestic production activities deduction

255
Q

Like Kind Exchange Steps

A
256
Q

ISO vs NQSO

A

AMT does NOT apply to NQSO

257
Q

Credit Summary and Kiddie Tax

A
258
Q

Hints on ISOs

A
259
Q

Pension Plan Characteristics

A

legal promise of the plan = paying a pension at retirement

NO in-service withdrawals permitted (under Pension Protection Act of 2006 defined benefit pension plans can provide for in-service distributions to participants age 59.5 or older)

mandatory funding standards (for plan years beginning in 2008 the funding rules under IRC Section 412 have been amended by the Pension Protection Act of 2006)

10% of plan assets available to be invested in employer securities

plan must provide qualified joint & survivor annuity & qualified presurvivor annuity

260
Q

Profit Sharing Plan Characteristics

A

legal promise of the plan = deferral of compensation & taxation

in-service withdrawals permitted after two years if plan document permits

NO mandatory funding standards

up to 100% of plan assets available to be invested in employer securities

plan does NOT have to provide qualified joint & survivor annuity & qualified presurvivor annuity

261
Q

Defined Benefit Plan Characteristics

A

annual contribution limit = not less than the unfunded current liability

Employer assumes investment risk

forfeitures allocated to reduce plan costs

subject to Pension Benefit Guaranty Corporation (PBGC) coverage EXCEPT professional firms w/ less than 25 employees

investment accounts are commingled (NOT SEPARATE ACCOUNTS); participants have accrued benefits; accrued benefit roughly equal to the present value of the expected future payments at retirement

credit CAN be given for prior service for the purpose of benefits

favors older employees

262
Q

Defined Contribution Plan Characteristics

A

annual contribution limit = 25% of total employee covered compensation

Employee assumes investment risk

forfeitures allocated to reduce plan costs or allocate to other participants

plan NOT subject to PBGC coverage

investment accounts are usually separate (separate accounts); participants have account balances

credit CAN NOT be given for prior service for the purpose of benefits

favors younger employees (usually)

263
Q

Advantages of Qualified Plans

A

Advantages to the Employer:
- Employer contributions currently tax deductible
- Employer contributions to the plan are NOT subject to payroll taxes; no avoidance for employee elective deferrals

Advantages to the Employee:
- Availability of pretax contributions for employees
- Tax deferral of earnings on contributions
- ERISA protection (Anti-Alienation prohibits any action that may cause the plan assets to be assigned, garnished, levied, or subject to bankruptcy proceedings; protection from employers)
- Lump-sum distribution options (ten year averaging only for those born prior to 1936, NUA, Pre-1974 capital gain treatment)

264
Q

Disadvantages of Qualified Plans

A

limited contribution amounts

contributions cannot be made after money is received

plans usually have limited investment options

no or limited access to money while an active employee

distributions usually taxed as ordinary income (basis = $0)

early withdrawal penalties may apply

mandatory distributions at age 73

only ownership permitted is by the account holder

cannot assign or pledge as collateral

cannot gift to charity before age 70.5 w/out income tax consequences (charitable gifts from IRAs post age 70.5 & pre age 73 will NOT count towards RMDs for those turning 70.5 after 12/31/19 or for those turning 73 after 12/31/22)

any year a deductible contribution is made to an IRA & a charitable distribution is made from an IRA the allowable charitable deduction will be reduced by deductible contributions made after age 70.5

limited enrollment periods

considered to be an Income in Respect of a Decedent (IRD) asset, subjecting distributions to both income & estate taxes w/ no step-up in basis

costs of operating the plan

265
Q

QP Qualification Requirements

A

Plan Document - in writing by end of tax year; funding doesn’t have to occur until tax return filing plus extension

Eligibility - 21 years old & 1 year of service or 2 years of service w/ 100% vesting (does NOT apply to 401(k) plans)

Coverage

Vesting - 2 to 6 years graduated or 3-year cliff

Special Qualification Requirements apply to Top-Heavy Plans & Cash or Deferred Arrangements (CODAs) 2 to 6 years graduated or 3-year cliff

Limitation on Benefits & Contributions

266
Q

QP Eligibility & Plan Entrance Dates

A

Eligibility:
- Age 21 & one year of service (1,000 hours worked during one plan year)
- special election to require two years of service - 100% vesting requirement; NOT available for 401(k) plans
- Tax-exempt educational institutions can require age 26
- Plan Entrance Date - MUST have at least 2 per year

267
Q

QP Eligibility Long Term PT (Part-Time) Employees

A

for plan years beginning after 12/31/20:
- 401(k) must allow LT PT Employees to participate in 401(k) (SECURE Act) upon the completion of: 500 hours per year, 3 continuous years, years completed after 12/31/20 will count; eligibility would begin in 2024 (after the completion of 3 continuous years)

268
Q

Highly Compensated Employees (Very Important Definition)

A

Two Classifications = Highly Compensated (HC) & Non-Highly Compensated (NHC)

Highly Compensated = an employee who is either:
1. a more than 5% owner at any time during the plan year OR preceding plan year (owns more than 5% of a company’s stock or capital (if an EE owned 5% of their employer’s stock that EE would NOT be considered highly compensated); don’t forget in addition to direct ownership the family attribution rules consider shares of stock owned by certain relatives including spouse, children, grandchildren, or parents as if owned by one owner

  1. an EE w/ compensation in excess of $155,000 2024 for current plan year; if special employer election is made add “and in top 20% of employees ranked by salary”
  2. an EE w/ compensation in excess of $150,000 2023 for the prior plan year; $135,000 2022 look-back
269
Q

QP Coverage Tests - 3

A

Plan must be nondiscriminatory; all qualified plans must pass at least ONE of the following tests:

  1. Safe Harbor Test = greater than or equal to 70% of NHC covered
  2. Ratio % Test = % NHC Covered / % HC Covered ratio greater than or equal to 70%
  3. Average Benefits Test (Both Tests AB % Test & Nondiscriminatory test) (Nondiscriminatory test rule not likely to be tested) = AB % NHC Covered / AB % of HC Covered ratio greater than or equal to 70 % AND Nondiscriminatory test
270
Q

50/40 Test

A

Defined Benefit Plans must additionally pass the 50/40 test

Plan must cover the LESSER of 50 employees (eligible) or 40% of employees (eligible) w/ a minimum of 2 our of 3 employees (unless there is only one EE in which case only 1 participant is required)

EXAM TIP: to remember that it’s 50 employees or 40%, remember ‘people come first’; EMPLOYEES COME FIRST!

271
Q

QP Vesting

A

Defined Contribution Plan:
- Noncontributory = 2-6 year graduated OR 3 year cliff
- Deferral (Contributory) = 100% vested

Defined Benefit Plan:
- 3-7 year graduated OR 5 year cliff

***In any case ER can always be more generous

272
Q

Defined Contribution Plan Vesting Schedules

A
273
Q

Defined Benefit Plan Vesting Schedules

A
274
Q

Top Heavy & Key Employee

A

Special Plan Requirements for Top-Heavy Plans:
Top-Heavy:
- Defined Contribution: greater than 60% of account balance attributable to key employees
- Defined Benefit: greater than 60% of accrued benefits attributable to key employees

Key Employee:
- greater than 5% owner OR
- greater than 1% owner w/ compensation in excess of $150,000 (not indexed) OR
- an officer w/ compensation in excess of $220,000 for 2024; officer determined based on all facts

275
Q

Highly Compensated vs Key Employee

A
276
Q

Top-Heavy Plan Characteristics & Requirements (Definition, Funding, Vesting, DB & DC differences)

A
277
Q

QP Plan Limits - Covered Compensation & Maximum Benefit

A
278
Q

Rules for Material Participation

A
  1. More than 500 hours of participation
  2. Taxpayer is the only one who substantially participates
  3. Taxpayer spends greater than 100 hours in the tax year & no one else spend more
  4. Taxpayer has materially participated in any 5 of the previous 10 years
  5. The activity is a personal services activity & the individual has materially participated in any 3 prior years
  6. Taxpayer participates 100 or more hours in this activity & total participation in all such activities exceeds 500 hours
279
Q

1231 5-Year Look Back

A

Section 1231 gains offset by most previous 5 years

amount of most recent 5 years of losses is amount taxed at ordinary income & remaining 1231 gain taxed as section 1231 capital gain

280
Q

Traditional Pension Plans Defined Benefit Annual Pension Benefit Amount Calculation Formula

A

Annual Pension Benefit Amount = percent per year x # of years of service x Average of the 3 highest consecutive years salary (salary used can vary based on plan documents)

281
Q

Life Insurance in Qualified Plans

A

Limited Investment in Life Insurance; any QP may purchase life insurance as long as life insurance is not the primary focus of the plan

premiums paid by ER taxable to EE at time of payment to extent of the Table I cost of insurance

to maintain its qualified plan status a QP that includes life insurance must pass EITHER the 25% test OR the 100-to-1 ratio test

25 Percent Test: consists of two tests depending on type of life insurance 25% or 50%
- Term/Universal Life = aggregate premiums paid for the life insurance policy CANNOT exceed 25% of the employer’s aggregate contributions to the participant’s account
- Whole Life = aggregate premiums paid for the whole life insurance policy CANNOT exceed 50% of the employer’s aggregate contributions to the participant’s account

100-to-1 Ratio Test:
- limits the amount of the death benefit of life insurance coverage purchased to 100 times the monthly-accrued retirement benefit provided under the same qualified plan’s defined benefit formula

282
Q

Pension Plans - Actuary

A

Actuary = determine required plan funding range, assumptions, costly (drive up costs of the plan)

Required Annually for Defined Benefit Pension Plan & Cash Balance Pension Plan

Required ONLY at Inception for Target Benefit pension plan

money purchase pension plan has no need for actuarial services because the annual contribution is predefined in the plan documents

EXAM TIP = NO other plans require an actuary

283
Q

Pension Plans - Social Security Integration (2)

A

Excess Method = provides an excess benefit to those participants whose earnings are in excess of the Social Security wage base; used by both Defined Benefit & Defined Contribution Plans

Offset Method = reduces the benefit to those employees whose earnings are below the Social Security wage base; used ONLY by Defined Benefit Plans

284
Q

Defined Benefit Pension Plan Funding Formulas

A
285
Q

Pension Plans - Defined Benefit Pension Plan

A

mandatory funding

pension benefit based on defined funding formula
- Flat Amount Formula = equal dollar benefit
- Flat Percentage Formula = % of salary
- Unit Credit Formula = YOS x % x salary

commingled accounts

favors older plan entrants

all plans must meet eligibility/coverage/vesting rules

286
Q

Pension Plans - Cash Balance Pension Plans

A

DB pension plan

mandatory funding

pension benefit based on an annual guaranteed contribution rate & guaranteed earnings on the contributions

Quasi-Separate Accounts = participant sees hypothetical account w/ hypothetical earnings; actuarially determined

favors younger plan entrants

all plans must meet eligibility/coverage/vesting rules

uses 3 year cliff vesting; employer can be more generous in vesting schedule

EXAM TIP = cash balance plans are a popular choice to get rid of old expensive DB plans!

287
Q

Pension Plans - Money Purchase Pension Plans

A

DC pension plan

mandatory annual funding of a fixed percentage of total employer covered up to 25%

participant bears investment risk

separate accounts

favors younger plan entrants

eligibility/coverage/vesting

not likely to be stablished after EGTRRA 2001

288
Q

Pension Plans - Target Benefit Pension Plans

A

special type of money purchase pension plan

determines the contribution based on the participant’s age

participant bears investment risk

favors older plan entrants

eligibility/coverage/vesting

requires actuary services at inception of plan

289
Q

Profit Sharing Plans - Characteristics

A

defined contribution plans

established & maintained by an employer

provides for employee participation in profits

utilizes a definite predetermined formula for allocating the contributions to the plan

MUST be nondiscriminatory

either noncontributory or contributory

290
Q

Contributory vs Noncontributory

A

Noncontributory = employee does NOT contribute to the plan & all contributions to the plan are from the employer

Contributory = employee contributes to the plan (deferrals/CODA)

291
Q

Profit Sharing Plans - Contributions & Deductions

A

contributions must be made by the due date of the company’s income tax return

contributions are discretionary but MUST be “substantial & recurring”

NO requirement of company profit for contribution

limited to 25% of total employer covered compensation

limited to the LESSER of 100% of compensation or $69,000 for 2024 per employee per year

292
Q

Permitted Disparity (Social Security Integration)

A

technique or method of allocating plan contributions to employees’ accounts so that a higher contribution will be made for those employees whose compensation is in excess of the Social Security wage base

EXAM TIP = the excess rate is generally 5.7% higher than the base rate

EXAM TIP: Base Rate + Permitted Disparity = Excess Rate, so “BP = Exxon” where Permitted Disparity equals the LESSER of the Base Rate or 5.7%

293
Q

Profit Sharing Plans - Allocation of Contributions

A

Standard Allocation = equal percentage to all participants

Social Security Integration = provides higher allocations to employees whose earnings are greater than the Social Security Wage base; Profit sharing plans can ONLY use the excess method

Age-Based Profit Sharing Plans = use a combination of age & compensation to allocate the plan contribution

New Comparability Plan = contribution dependent upon employee classification; Owner, Officer, Rank-and-File

294
Q

Profit Sharing Plans - Cash or Deferred Arrangements (CODA or 401(k))

A

any profit sharing can have a CODA/401(k) attached

most prevalent type of plan established today; predominantly funded by employee deferral contributions

attaches to a profit sharing plan or stock bonus plan

permits employees to defer compensation to a qualified plan; limited to $23,000 for 2024 per year or $30,500 for 2024 for those age 50 & over

employers may (but are NOT required to) match the employee’s deferral

SECURE 2.0 Sec 110 effective after 2023 allows employers to making matching contributions on behalf of employees that are making payments on outstanding student loans in lieu of retirement contributions (401(k), 403(b), 457(b) or SIMPLE IRAs)

295
Q

Entities Which May Establish a 401(k) Plan (5)

A

Corporations

Partnerships

LLCs

Proprietorships

Tax-exempt entities

296
Q

Roth IRA vs Roth 401(k) Account

A

an employee could contribute up to $23,000 to a Roth 401(k) account or to a pretax account but NOT to both

297
Q

Profit Sharing Plans - CODA Eligibility & Vesting

A

Eligibility (2 year not available)

Vesting:
Employee deferral contributions 100% at all times

Employer matching contributions must vest as rapidly as:
- 2 to 6 year graduated (0%, 20%, 40%, 60%, 80%, & 100%), OR
- 3-year cliff

298
Q

Profit Sharing Plans CODA - ADP Test

A

Actual Deferral Percentage Test (ADP Test) - limits the employee elective deferrals for the HC based on the elective deferrals of the NHC; test ensures that HC aren’t taking too much more advantage of the plan than NHC

**If ADP for NHCEs is 2% then 2 times; technically second row is over 2% & less than 8%

**if the HC are higher, employer failed the ADP test

299
Q

Failing the ADP or ACP test corrective actions (4)

A

Corrective Distribution = cheapest/easiest; decreases ADP of HC

Recharacterization = change from pre-tax to after tax contributions; decreases ADP of HC

Qualified Non-elective contributions (QNEC) = increases ADP of NHC, 100% vested, made to all eligible EEs

Qualified Matching Contributions (QMC) = increases ADP of NHC, 100% vested, made only to EEs who elected to defer in the current year

300
Q

Profit Sharing Plans CODA - ACP Test

A

Actual Contribution Percentage Test (ACP Test)

Like ADP but determined utilizing EE after-tax thrift contributions & ER matching contributions

uses same scale as ADP

uses same corrective procedures as ADP

301
Q

Profit Sharing Plans CODA - Safe Harbor 401(k)

A

NOT required to pass ADP or ACP tests

ER must provide either one of the following:
1. 3% non-elective contribution to all eligible EEs
2. Matching contribution: 100% up to 3% & 50% from 3% to 5%

ER contributions are 100% vested at all times

EXAM TIP = safe harbor ER contributions are 100% vested AT ALL TIMES!

302
Q

Profit Sharing Plans - Stock Bonus Plans

A

defined contribution profit sharing plan

ER contribute stock to plan

contributions are discretionary but must be substantial & recurring

allocations to the plan must be nondiscriminatory

tax deduction for FMV of stock; cashless tax deduction

303
Q

Stock Bonus Plans vs Profit Sharing Plans

A
304
Q

Profit Sharing Plans Stock Bonus Plans - NUA

A

Net Unrealized Appreciation; lump sum

In-kind distribution of ER securities; usually from ESOP or Stock Bonus Plan

NUA = FMV at date of distribution - value of stock at date of ER contribution

In year of distribution of ER stock = ordinary income, value at date of ER contribution, 10% penalty if applicable, deferred LTCG

At date of sale of ER stock = recognize deferred LTCG regardless of holding period; any subsequent gain/loss short/long term CG based on holding period since date of distribution

305
Q

ESOPs - Nonrecognition of Gain Treatment

A

allow owners of closely held businesses to sell all or part of their interest in the corporation & defer recognition of the capital gain

Qualification Requirements:
- the ESOP must own at least 30% of the corporation’s stock immediately after the sale
- the seller or sellers must reinvest the proceeds from the sale into qualified replacement securities w/in 12 months after the sale & hold such securities 3 years; qualified replacement securities are securities in a domestic corporation, including stocks, bonds, debentures, or warrants, which receive no more than 25% of their income from passive investments; the qualified replacement securities can be in the form of stock in an S Corporation
- the corporation that establishes the ESOP must have no class of stock outstanding that is tradeable on an established securities market
- the seller or sellers, relatives of the seller/sellers, & 25% shareholders in the corporation are precluded from receiving allocations of stock acquired by the ESOP through the rollover
- the ESOP may not sell the stock acquired through the rollover transaction for 3 years
- the stock sold to the ESOP must be common or convertible preferred stock & must have been owned by the seller for at least 3 years prior to the sale

if the seller purchases & retains qualified replacement securities, there will be no taxable event

306
Q

Profit Sharing Plans Employee Stock Ownership Plans (ESOP)

A

defined contribution profit sharing plan; established as a trust

participant receives allocations of the employer stock from the ESOP

seller can defer gains if proceeds reinvested w/in 12 months

307
Q

Advantages & Disadvantages of ESOPs

A
308
Q

Stock Bonus Plans vs ESOPs

A
309
Q

ESOP - Voting Rights

A

Publicly Traded Corporations:
- participants have voting rights as regular shareholders
- participants earn dividends

Privately Held Corporations:
- participants must be allowed to vote in major corporate decisions (mergers, acquisitions, consolidation, reclassification, liquidation, dissolution, recapitalization or a sale)
- trustee of the ESOP votes in all other matters

310
Q

ESOP - Contributions

A

Cash:
- ESOP uses to purchase ER stock or ESOP uses to pay bank debt (Leveraged ESOP)
- interest on note deductible above 25%

Stock:
- ER has tax deduction for the value of the stock or the cash at the date of the contribution
- subject to 25% of ER covered compensation limit
- dividends paid are deductible

311
Q

ESOP - Allocations

A

Age-based; CANNOT use Social Security integration

EXAM TIP = salary deferral plans, such as 401(k) plans 403(b) plans & SIMPLEs, are also prohibited from using Social Security integration; it should be noted that many 401(k) plans have a profit sharing component, which can be integrated w/ Social Security; however the CODA portion CANNOT

312
Q

ESOP - Distributions

A

participant can demand distribution of ER securities; ER may limit

Substantially equal periodic payment requirement = if participant elects they may demand equal distributions from the ESOP for a period no longer than 5 years unless their account is value at more than $1,380,000 for 2024 in which case the distribution period may be extended one year for each additional $275,000 for 2024 of account value up to a total of ten years; NOT eligible for NUA

If lump sum, then NUA net unrealized appreciation

313
Q

ESOP Put Outs

A

Put Option

EE can require ER to repurchase stock at the FMV on the distribution date - w/in 60 days after distribution OR w/in a 60 day period during the following plan year

the put option reduces the EE’s risk but increases the ER’s cash requirements

314
Q

ESOP - Diversification Requirement

A

IMPORTANT RULE!

a Qualified Participant may force investment diversification w/in their account during the qualified election period

Qualified Participant = at least age 55, completed 10 years of participation in the plan

the qualified election period is the 6-plan year period beginning after becoming a qualified participant

may diversify 25% of their post 1986 stock balance for the first 5 years of their qualified election period & 50% of their post 1986 stock balance during their 6th & final year

the diversification calculation is a cumulative calculation meaning that the stock balance consists of the # of eligible shares that have ever been allocated to a qualified participant’s account less any shares previously distributed, transferred, or diversified

diversification can be satisfied by a distribution, a transfer to another qualified plan, or offering 3 or more investment options in the ESOP (certain requirements apply)

Note that ESOPs are not generally subject to the diversification requirements implemented under PPA 2006; exception is if the ESOP is a contributory plan or is a publicly traded business

315
Q

Distributions from Pension Plans During Service w/ Employer

A

NO in-service withdrawals for participants under age 59.5

At Participant’s Death = distributed to beneficiary or participant’s estate; Qualified Preretirement Survivor Annuity (an annuity benefit payable to the surviving spouse of a participant if the participant dies before attaining normal retirement age)

At Participant’s Disability = distributed to participant

316
Q

Distributions from Pension Plans Termination of Service before normal retirement age

A

lump sum distribution, rollover plan assets to IRA or other qualified plan, or leave assets in plan (value must be greater than $7,000 as per SECURE Act 2.0 effective after 12/31/23

317
Q

Distributions from Pension Plans Termination of Service at Normal Retirement Age

A

Qualified Joint Survivor Annuity QJSA = an annuity benefit payable to the participant & spouse as long as either lives, single life annuity if QJSA is waived, signed by NON participant spouse & notarized or witnessed by plan sponsor

Lump sum distribution

rollover plan assets to IRA or other qualified plan

318
Q

Profit Sharing Plans In-Service Withdrawals

A

may permit in-service withdrawals after 2 years of participation in the plan

at termination of service:
- lump sum distribution
- rollover plan assets to IRA or other qualified plan, or
- purchase annuity

319
Q

Distributions from Qualified Plans - Taxation of Distributions

A

ordinary income except:
- direct rollovers of plan assets to IRAs or other qualified plans,
- adjusted basis in plan, (annuities w/ adjusted basis)
- lump sum distribution options, &
- Qualified Domestic Relations Orders (QDRO) if rolled over to IRA

Taxable distributions are subject to 20% income tax withholding

320
Q

Distributions from Qualified Plans Taxation - Rollovers

A

Rollovers to IRAs causes a loss of:
- ERISA Protection (although will be protected under federal bankruptcy law as a result of BAPCPA 2005),
- 10-year forward averaging,
- NUA, &
- Pre-1974 Capital Gain Treatment

321
Q

Qualified Plans Rollovers to IRAs - Direct Rollovers vs Indirect Rollovers

A

Direct Rollover = a distribution from a qualified plan trustee directly to the trustee of the recipient account, NO income tax withholding

Indirect Rollover = a distribution to the participant w/ a subsequent transfer to another account, mandatory 20% income tax withholding, must deposit all w/in 60 days to avoid income taxes

322
Q

Distributions from Qualified Plans Taxation - Plan Loans

A

permissible by any qualified plan; usually only found w/ CODA type plans

Loan may not exceed the LESSER of $50,000 OR 1/2 of the participant’s vested account balance

reduced by the highest outstanding loan balance w/in the previous 12 month period

EXCEPTION when vested account balance is < $20,000: maximum loan limited to the LESSER of $10,000 or vested account balance

reduced by the highest outstanding loan balance w/in the previous 12 month period

323
Q

SECURE Act 2.0 of 2022 Loan Provisions

A

permissible by any qualified individual in a qualified disaster area; plan must have loans available

loan may not exceed LESSER of $100,000 or 1/2 of the participant’s vested account balance

reduced by the highest outstanding loan balance w/in the previous 12 month period

324
Q

Distributions from Qualified Plans Taxation - Plan Loan Repayment

A

5 years, up to 30 years if loan proceeds used to purchase principal residence

substantially level amortization of the loan is required over its term

payments must be at least quarterly

plan sponsors often apply additional rules & requirements

failure to repay the loan as prescribed will consider the value of the loan a taxable distribution, possibly subject to the 10% early distribution penalty

termination from employment generally causes entire loan to become due

however under TCJA 2017 terminated EEs will be permitted to rollover/repay loans until the due date of the tax return including extensions

325
Q

10% Early Withdrawal Penalty Exceptions - Qualified Plans AND IRAs

A

59.5

Death, Disability

Substantially equal periodic payment SOSEPP 72(t)

Medical expenses in excess of schedule A medical AGI limit for tax year 7.5%

Federal Tax Levy

$5,000 per taxpayer for birth or legal adoption (SECURE Act)

Terminal illness

Up to an aggregate amount of $22,000 in a qualified disaster

SECURE Act 2.0 of 2022 for 2024:
- Emergency personal expense up to $1,000
- Domestic Abuse

326
Q

10% Early Withdrawal Penalty Exceptions - Qualified Plans ONLY

A

Separation from service age 55 or after

Separation of service at age 50 or w/ 25 years of service for safety officers, firefighters & correction officers

Qualified Domestic Relations Order QDRO

327
Q

10% Early Withdrawal Penalty Exceptions - IRA ONLY

A

Higher education costs

Health Insurance for unemployed

First time home purchase up to $10,000

328
Q

Substantially Equal Periodic Payments SOSEPP Methods of Calculation (3)

A
  1. Required Minimum Distribution Method = payments calculated same as minimum distributions
  2. Fixed Amortization Method = payments calculated over applicable single or joint life expectancy w/ reasonable interest rate
  3. Fixed Annuitization Method = payments calculated using an annuity factor (w/ reasonable interest rate & mortality table)
329
Q

Required Minimum Distributions

A

Age 72 after 12/31/2019 (SECURE Act 2019) but before 1/1/2023 (SECURE Act 2.0 of 2022)

Age 73 for those obtaining age 72 after 12/31/22; first minimum distribution must begin by April 1 of the year following the year in which the participant attains the age of 72/73 (Required Begin Date RBD)

Those that began RMDs on or before 12/31/22 will continue them

EXAM TIP = watch the year on the exam!!!

EXCEPTION = a participant who is still employed by the plan sponsor may delay the first minimum distribution until April 1 of the year after the participant terminates employment (a > 5% owner cannot use the exception)

NOTE: this exception does NOT apply to SEPs or SIMPLE IRAs

All other RMDs must occur by December 31 of each year

missed RMD penalty = 25% on amount equal to RMD less any distribution that was taken but the result cannot be less than zero

330
Q

Distribution due to QDRO

A

QDRO = order under state law recognizing the right of a former spouse to benefits under the participant’s qualified plan

former spouse is an alternate payee

describes the spouse’s interest in the plan benefits

cannot override plan rules (e.g. if QDRO calls for lump sum distribution but plan does NOT allow lump sum distributions)

331
Q

Portfolio Withdrawal Strategies (4)

A
  1. Flat amount of income = fixed dollar income throughout entire lifetime
  2. Inflation-adjusted income = annual income increased based on prior year inflation or a flat pre-selected inflation amount
  3. Performance-based income = annual income determined by performance of the investment portfolio
  4. Combination
332
Q

Distributions Due to Death SECURE Act distributions based on beneficiary type

A
333
Q

Designated Beneficiary based on owner’s death rules

A
334
Q

Characteristics of all qualified plans

A
335
Q

Selecting Qualified Plan Flowchart

A
336
Q

Methods for correcting excess annual additions

A

allocate the excess annual additions to other plan participants

hold excess annual additions in a separate account & allocate in future years

make corrective distributions

337
Q

Calculating the self-employed individual’s contribution

A

Self-employed contribution rate = Contribution Rate / (1 + Contribution Rate)

Self-Employment Tax = Net Self-Employment Income x 92.35% = Net Earnings Subject to Self-Employment Tax

Net Earnings Subject to Self-Employment Tax x 12.4% up to $168,600 + 2.9% on all income = Self-Employment Tax

Net Self-Employment Income - 1/2 Self-Employment Tax = Adjusted Net Self-Employment Earnings

Adjusted Net Self-Employment Earnings x Self-employed Contribution Rate = Self-Employed Individual’s Plan Contribution

338
Q

Keogh Plan Contributions

A

EXAM TIP:

know that for the maximum Keogh Plan contribution the 25% really equals 20%!

if a self-employed individual contributes 15% to their employees, 15% is used in the contribution rate formula making the ER contribution 13%

339
Q

Characteristics of a Disqualified Person

A
340
Q

Prohibited Transactions

A

generally include actions by a disqualified person that potentially could have adverse consequences to the plan or participants, including:

EXAM TIP = be able to recognize prohibited transactions

341
Q

Doctrine of Constructive Receipt

A

when income is readily available to the taxpayer, & that income is not subject to substantial limitations or restrictions, that income should be subject to tax

342
Q

New Line of Business

A

if the new line of business is purchased & it is in a different line of business as the current trade or business operation, the costs of investigation are recouped by capitalizing the expenses & amortizing it ratably over a 60 month period

343
Q

Dealing w/ an exchange - Realized & Recognized

A

when dealing w/ an exchange there are 2 things to note: realized & recognized

realized is a transaction happening

recognized is when a realized transaction has NOT met an exception & must have tax calculated

a like kind exchange is an exception to realized transactions to not be recognized

realized amount is the value received plus debt relief

344
Q

FICA Taxes

A

First $168,000 (2024) taxed at partial employee FICA rate of 6.2%

all earnings will be taxed at the remaining FICA Medicare rate of 1.45%

Total is the two multiplications added together

345
Q

Insurance Proceeds - Destroyed Property

A

insurance proceeds which exceed the current basis of destroyed property will not be taxable if the taxpayer replaces that property w/ similar property w/in a 2 year period from the end of the year in which realization resumed if a natural disaster (fire) or 3 years from the end of the year in which realization occurred in the event of a government taking (emminent domain)

346
Q

Cash Basis Method of Accounting

A

recognizes income upon either actual OR constructive receipt

actual receipt = taxpayer has received cash directly

constructive receipt = though not having received the money in hand, the taxpayer has immediate access to the money (i.e., lock box receipt)

includes income upon receipt

347
Q

Cafeteria Plans

A

must offer at least one taxable benefit (usually cash) & one qualified nontaxable benefit

a written plan under which the EE may choose to receive either cash or taxable benefits as compensation or qualified fringe benefits that are excludable from wages

authorized by Section 125 of the IRC

appropriate when EE benefit needs vary w/in the EE group

348
Q

When is a trip outside the United States considered to be purely for business?

A

Less than 25% of the time spent on trip was personal

taxpayer does not have control over the timing or arrangements for the trip

the trip outside the United States lasts for less than 7 days

vacation was not a primary consideration for the trip

349
Q

Earned Income vs NOT Earned Income (IRA Eligibility)

A
350
Q

IRAs - Excess Contributions

A

contributions in excess of the contribution limit

subject to 6% excise tax for each year the excess contribution remains in account

avoid excise tax by withdrawing excess contribution & attributable earnings before April 15 of the following tax year plus extensions

SECURE 2.0 Act of 2022 will waive the 10% early withdrawal penalty (under age 59.5) for corrective distributions made w/in the correction window

351
Q

IRAs - Contribution Due Date

A

contributions must be made by the due date of the individual’s income tax return (w/out extensions)

usually April 15 of the following tax year

Jan - April 15 can be current or prior year contribution

352
Q

IRA Contribution Phaseout calculation formula

A

Deduction Reduction = contribution amount x ([AGI - lower AGI threshold] / AGI Phaseout Range)

353
Q

10% Early Withdrawal Penalty Exceptions - Qualified Plans AND IRAs

A

age 59.5

death, disability

substantially equal periodic payment Section 72

medical expenses in excess of schedule A medical AGI limit for tax year - 7.5%

up to $5,000 for birth or legal adoption, w/in 12 months of birth or adoption

federal tax levy

terminal illness

$22,000 aggregate for federal disasters

emergency funds up to $1,000 every 3 years

domestic abuse

354
Q

10% Early Withdrawal Penalty Exceptions - Qualified Plans ONLY

A

separation from service after age 55 (50 safety/fire/corrections)

Qualified Domestic Relations Order QDRO

355
Q

10% Early Withdrawal Penalty Exceptions - IRA ONLY

A

health insurance for unemployed

higher education costs

first time home purchase up to $10,000

356
Q

IRAs - Roth IRA Qualified Distributions

A

income tax-free

NOT subject to 10% early withdrawal penalty

  1. distribution is made after a 5 taxable year period (which begins Jan 1 of the tax year for the first contribution) AND
  2. the distribution is on account of the owner attaining age 59.5, the owner’s death, disability, or first-time home purchase (maximum $10,000) (trigger)

*5 years AND a trigger

357
Q

IRAs - Roth IRA Nonqualified Distributions

A

contribtutions first then conversions then earnings finally

*think “best out 1st”

358
Q

Roth 401(k) vs Roth IRA

A
359
Q

Investments NOT Permitted for IRAs

A

Life Insurance

Collectibles

Other coins (Krugerrands, Maple Leaf, Pandas)

360
Q

IRAs - Prohibited Transactions

A

if an individual or beneficiary of an IRA engages in ANY of the following transactions then the account will cease to be an IRA as of the first day of the current taxable year:

selling, exchanging, or leasing of any property to an IRA

lending money to an IRA

receiving unreasonable compensation for managing an IRA

pledging an IRA as security for a loan

borrowing money from an IRA

buying property for personal use (present or future) w/ IRA funds

if a “deemed distribution” is made d/t a prohibited transaction then the entire balance in the IRA is treated as having been distributed; taxpayer will be subject to ordinary income tax on the entire balance & will also be subject to the 10% early withdrawal penalty

361
Q

Simplified Employee Pensions (SEPs) - Characteristics

A

small business retirement plan

tax-deferred growth of contributions

NOT a QP but has similar characteristics w/ unique rules:
- more liberal coverage requirements
- can be established as late as the extended due date of the income tax return
- unique contribution, vesting, & distribution rules

established utilizing Traditional IRA accounts

EXAM TIP: no longer the only plan eligible to be established after the calendar year has ended

362
Q

SEPs - Eligibility

A

employers that sponsor SEPs MUST provide benefits to all employees who meet the following requirements:
1. attainment of age 21 or older, &
2. performance of services for 3 of the last 5 years, &
3. received compensation of at least $750 (2024) during the year

SECURE 2.0 Act of 2022 made SEP plans available to domestic employees (ie nannies) beginning w/ the 2023 tax year

363
Q

SEPs - Establishment

A

employer MUST complete the following 3 steps by the extended due dates of the tax return:
1. complete a formal written agreement (form 5305-SEP)
2. give eligible employees notice
3. open a SEP-IRA account for each eligible employee

SECURE 2.0 Act of 2022: employees can direct all or a portion of employer contributions to a designated Roth account; contributions will be taxable to the employee

364
Q

SEPs - Contributions

A

employer funded ONLY

contributions are discretionary - must be made to all employees eligible during the year even if dead or no longer employed at time of contribution

contributions limited to LESSER of:
- 25% of an employee’s covered compensation, or
- $69,000 for 2024

can utilize pro-rata, flat dollar & Social Security Integration

365
Q

Self-Employed Individual - Noncontributory Contributions

A

self-employed individuals subjected to special contribution calculation

Self-Employed Contribution Rate = contribution rate to other participants / (1 + contribution rate to other participants)

EXAM TIP = applies to all self-employed plans

366
Q

SEPs - Vesting & Distributions

A

employees 100% vested in their account balance at all times

withdrawals treated just as withdrawals from IRAs
- ordinary income
- 10% penalty unless excepted under IRA penalty exceptions

367
Q

SIMPLEs - Characteristics

A

Savings Incentive Match Plans for Employees (SIMPLEs)

retirement plans for small employers

easy to establish & maintain

similar tax advantages to QPs

employee elective deferral contributions

368
Q

SIMPLEs - Types

A

SIMPLE IRA - utilizes an IRA account as the funding vehicle

SIMPLE 401(k) - utilizes a 401(k) plan as the funding vehicle

SECURE 2.0 Act of 2022 allows for SIMPLE Roth contributions for both ER & EE contributions (in whole or part); EE is taxed on the Roth contributions

369
Q

SIMPLEs - Establishment

A

can ONLY be established by small employers; small employer = ER w/ 100 or fewer EEs who each earned at least $5,000 of compensation in the preceding calendar year

must be a calendar year plan

to establish complete & provide participants w/ either Form 5304-SIMPLE or Form 5305-SIMPLE

provide participants w/ 60-day period to elect deferral

ER cannot maintain a QP

370
Q

SIMPLEs - Eligibility & Vesting

A

EEs eligible if they earned at least $5,000 in any 2 preceding years from the ER & is expected to earn $5,000 in the current year

EXAM TIP = $5,000 of earnings for eligibility

participant 100% vested in all their contributions to either a SIMPLE IRA or 401(k) & ER contributions if the plan is a SIMPLE IRA

371
Q

SIMPLE IRAs - Contribution Limits

A

Employee Elective Deferrals:
- maximum $16,000 (2024) plus $3,500 (2024) catch-up age 50 & over; contribution limit (& catch-up) increased to 110% of the regular contribution limit after 12/31/23
- Roth contributions for allowed for taxable years after 12/31/22

Employer Contributions (they choose one):
1. Employer Matching Contributions
- dollar-for-dollar match up to 3% of all compensation
- may be reduced under special circumstances
2. 2% Non-elective Employer Contributions
- 2% of covered compensation contribution to each eligible employee

372
Q

SIMPLEs - Contributions

A

tax deductible, tax deferred growth

employer contribution must be made by the due date of the employer’s income tax return filing deadline (including extensions)

employee deferral contributions subject to payroll taxes; employee designated Roth contributions subject to payroll, federal & state taxes

additional non-elective contributions for taxable years after 12/31/23; LESSER OF:
1. up to 10% of compensation or $5,000 (indexed beginning in 2025)
2. cover comp limit for non-elective contributions

373
Q

SIMPLEs - Distributions

A

ordinary income to recipient

may be rolled over to an IRA or other QP

may be subject to early withdrawal penalties
- 25% penalty, rather than 10%, if withdrawal completed w/in first 2 years of the EE’s participation in the plan
- subject to IRA early withdrawal penalty exceptions

374
Q

SIMPLE IRA Replacements

A

SIMPLE IRA plan can be replaced by a SIMPLE 401(k) plan or other 401(k) plan that requires mandatory employer contributions during a plan year
- 2 year 25% penalty withdrawal rule waived
- effective for plan years beginning after 12/31/23

375
Q

SIMPLEs - SIMPLE 401(k)

A

similar to SIMPLE IRAs

participants may take loans from SIMPLE 401(k)s

very few established

covered comp rules apply

376
Q

403(b) Plans or Tax Sheltered Annuities (TSAs)

A

retirement plan for the following:
- public schools or educational organizations &
- tax-exempt organizations under IRC Section 501(c)(3)

377
Q

403(b) Plans - ERISA

A

ERISA applies to:
- EE benefit pension plans of 501(c)(3) organizations; unless ER involvement is minimal; ER only provides salary reduction agreement

ERISA does NOT apply to:
- Governmental 403(b)s
- Church Related 403(b)s

WHEN ERISA APPLIES:
- plan must meet the nondiscrimination test & matching contributions must satisfy ACP test
- plan must offer preretirement Joint & survivor annuity & qualified Joint & survivor QJSA

378
Q

403(b) Plans - Contributions

A

employee elective deferrals:
- tax deductible
- subject to payroll taxes
- limited to $23,000 per year for 2024 plus $7,500 for 2024 catch-up 50 & over (combined limit w/ other CODA plans) (401(k)s)

401(k) + 403(b)

employer may match or provide non-elective contribution

379
Q

403(b) Plans - 15-Year Catch Up HER Organization

A

15-year catch up contributions

permits up to an additional $15,000 (maximum $3,000 additional per year) of contributions to the 403(b)

participants must have completed 15 years of service w/ the employer & have unused deferral

ONLY applies to HER organizations (Health, Education, Religious)

EXAM TIP = maximum either be $23,000, $26,000, $30,500, or $33,500!

380
Q

403(b) Plans - Investment Choices

A

can only be invested in:
1. insurance annuity contracts
2. mutual funds
3. SECURE 2.0 Act of 2022 allows for investment in Collective investment trusts; SEC rules need to be modified to have this available

381
Q

403(b) Plans - Loan Availability

A

only permissible from ERISA plans

subject to same rules as loans from 401(k) plans

382
Q

457 Plans - Types

A

Nonqualified Deferred Compensation Plan
- Eligible tax-exempt entities
- Eligible governmental entities

Employee elective tax-deferred savings

Designated Roth contributions

383
Q

457 Plans - Public vs Private Plans

A
384
Q

457 Plans - Flowchart

A
385
Q

457 Plans - Special Catch-Up

A

3 years prior to normal retirement age an EE may defer an additional $23,000 for 2024 to the 457(b) plan
- public & private eligible
- limited to prior unused deferral amounts
- maximum contribution equals $46,000 2024
($23,000 for 2024 deferral contribution + $23,000 for 2024 catch-up contribution prior unused contributions)
- CANNOT include 50 & over catch-up contribution when determining the 3-year catch-up or for Private 457

386
Q

457(f) Plans

A
387
Q

457 Plan Comparison Chart

A
388
Q

457 Plan General Characteristics Chart

A
389
Q

Deferred Comp & Nonqualified Plans - Why offer deferred compensation?

A

to provide benefits to a select group of EEs w/out the limitations of QPs

to discriminate the provision of benefits to key EEs

QPs CANNOT provide sufficient retirement resources for key executives who earn in excess of the covered compensation limit of $345,000 for 2024

390
Q

Deferred Comp & Nonqualified Plans - Economic Benefit Doctrine

A

an EE will be taxed on funds or property set aside for the EE if the funds or property are unrestricted & nonforfeitable

in other words, if there is constructive receipt or no substantial risk of forfeiture the EE will currently have taxable income

391
Q

Deferred Comp & Nonqualified Plans - IRC Section 83

A

property transferred to an EE in connection w/ the performance of services is taxable to the extent the FMV of the property is greater than the amount paid by the EE; ordinary income subject to payroll taxes

ER gives EE stock w/ FMV of $10, EE pays $3, $7 is taxable as ordinary income for the EE

392
Q

Advantages of Deferred Compensation Plans to the Employer (3)

A
  1. cash outflows are often deferred until the future
  2. the employer will save on payroll taxes except for the 1.45% Medicare match (since EE’s income probably over Social Security wage base)
  3. the employer can discriminate & provide these benefits exclusively to a select group of key employees
393
Q

Deferred Comp & Nonqualified Plans - Funding Arrangements

A

Funded - Secular Trusts, Rabbi Trusts

Arrangements - Deferred Compensation, Salary Reduction, SERP, Phantom Stock Plan, 401(k) WRAP

394
Q

Deferred Comp & Nonqualified Plans - Funding Types - Secular Trusts

A

Irrevocable Trust

Holds set-aside funds of a NQDC Plan
- for the benefit of executive
- trust funds are not available to ER or ER’s creditors

Usually, no substantial risk of forfeiture for EE
- trust may require a vesting period
- executive would have substantial risk of forfeiture until meeting the vesting period requirements

W/out substantial risk of forfeiture, value of trust is taxable to executive at the time it is funded

395
Q

Deferred Comp & Nonqualified Plans - Funding Types - Rabbi Trusts

A

Irrevocable Trust

Holds set-aside funds of a NQDC Plan
- for the benefit of executive
- funds are not available to ER BUT may be available to the ER’s general creditors under bankruptcy

Substantial Risk of Forfeiture exists

Assets w/in the rabbi trust are NOT currently taxable to the executive

396
Q

Characteristics of Alternative Deferred Compensation Arrangements Table

A
397
Q

Deferred Comp & Nonqualified Plans - Funding Types - Phantom Stock Plans

A

NQDC plan

ER gives fictional shares of stock to key executives

at a later time, stock is valued & the executive will receive the increase in value as compensation

no actual stock is issued

executive has taxable income & ER has deduction at time payment is made to the executive

398
Q

Deferred Comp & Nonqualified Plans - Funding Types - Employer Stock Options

A

Stock Options - the right to buy stock at a specified price for a specified period of time; agreement must be in writing & holder has no obligation to exercise

Option Price = FMV at date of grant

Vesting - right to exercise options only after certain period of time, performance, or occurrence

Types:
1. Incentive Stock Options (ISOs)
2. Nonqualified Stock Options (NQSOs)
3. Stock Appreciation Rights (SARs)

399
Q

Deferred Comp & Nonqualified Plans - Employer Stock Options - ISOs

A

Incentive Stock Options

Statutory Stock Option

ties an EE benefit to the stock price of the company & may provide special taxation

may only be granted to EEs

aggregate FMV of ISO grants must not exceed $100,000 per year per executive; excess over $100,000 treated as a NQSO

for ISO special tax treatment, individual must hold stock 2 years from date of grant, one year from date of exercise

400
Q

Taxation of ISOs

A

Grant Date = no taxable income unless exercise price less than FMV at date of grant

Upon Exercise = no regular tax; AMT adjustment equal to appreciation over exercise price

Upon Sale of Stock = LTCG for stock appreciation over exercise price; negative AMT adjustment

ER does NOT have a tax deduction related to the ISO

401
Q

Deferred Comp & Nonqualified Plans - Employer Stock Options - ISOs Disqualifying Disposition

A

selling stock acquired from an ISO before 2 years from grant date or 1 year from exercise date

loss of favorable tax treatment

appreciation over exercise price at exercise date = ordinary income (reported on W-2)

Appreciation after exercise date = capital gain (short/long) based on holding period beginning at exercise date

ER has tax deduction equal to the executive’s W-2 income

402
Q

Deferred Comp & Nonqualified Plans - Employer Stock Options - ISOs Cashless Exercise

A

an executive exercises an option w/out cash; very common

3rd party lends executive cash to exercise the option

executive repays the lender almost immediately w/ the proceeds & has W-2 income for the excess value over the exercise price

a cashless exercise IS a disqualifying disposition

403
Q

Deferred Comp & Nonqualified Plans - Employer Stock Options - NQSOs

A

NonQualified Stock Option (NQSO)

option that does not meet requirements of an ISO

ties an EE benefit to the performance of the company stock

exercise does not receive favorable tax treatment

no statutory holding period requirements; ER’s may place holding period requirements on the stock

404
Q

Taxation of NQSOs

A

Grant Date = no taxable income unless exercise price less than FMV at date of grant

Upon Exercise = executive will have W-2 income for the appreciation over the exercise price; ER has income tax deduction for same amount

Upon Sale of Stock = executive will have capital gain/loss w/ holding period beginning at exercise date

405
Q

Deferred Comp & Nonqualified Plans - Employer Stock Options - Gifting

A

Gifting of ISOs & NQSOs

ISOs:
- unexercised ISOs cannot be gifted
- can only be transferred after exercise date

NQSO:
- may be gifted if allowed by ER
- when donee exercises: EE W-2 income; ER tax deduction
- donee’s basis equals exercise price plus W-2 amount

406
Q

ISO v NQSO Chart

A
407
Q

Deferred Comp & Nonqualified Plans - Employer Stock Plans - SARs

A

Stock Appreciation Rights (SARs)

rights that grant the holder cash in an amount equal to the excess of the FMV of the stock over the exercise price

ties an EE benefit to the value of the ER’s stock

essentially a cashless exercise w/out any right to purchase the stock

NO taxation at grant; unless EE elects 83(b):
Employee = W-2 income for excess value over exercise price
Employer = tax deduction for W-2 amount

408
Q

Deferred Comp & Nonqualified Plans - Employer Stock Plans - Restricted Stock

A

Restricted Stock Plans

plan which pays executives w/ shares of the employer stock

executive does NOT pay any amount towards the stock

stock has restrictions preventing the executive from selling or transferring; usually on a vesting schedule; creates substantial risk of forfeiture

plan increases executive retention & ties the executive’s benefit to the employer stock price

409
Q

Deferred Comp & Nonqualified Plans - 83(b) Election

A

IRC Section 83(b)

EE election to include value of stock in taxable income at date of grant rather than at date of vesting or when restrictions are lifted

any gain in value over the grant date is capital gain rather than W-2 income

if EE does not vest, or otherwise loses rights, no tax deductible loss

EE’s holding period for stock received will be the date the amount was included in the EE’s gross income

must be filed no later than 30 days after the stock is transferred

EE must file a written statement w/ IRS

410
Q

Deferred Comp & Nonqualified Plans - Employer Stock Plans - ESPP Plans

A

Employee Stock Purchase Plan (ESPP)

allows EEs to purchase ER securities at a discounted price & receive favorable tax treatment on the subsequent disposition of the stock (if qualifying disposition)

ties EE benefit to the price of the ER stock

no less than 85% of a date determined stock price or an average price (Example = lesser of FMV at grant date or exercise date)

statutory purchase limit of $25,000 per year; based on the FMV of the stock at the date of grant

411
Q

ESPP Taxation

A

if held 2 years from grant & 1 year from exercise then discount taxed at Ordinary Income rates (double check in class)**

if not held for the required holding period then the discount is W-2 income (OI + payroll)

remaining gain = LT/ST capital gain w/ holding period starting at exercise

ESPP - Losses:
- short or long term capital losses
- holding period begins at exercise date

412
Q

Employee Benefits: Fringe Benefits - Important Numbers 2024

A
413
Q

Employee Benefits - VEBA

A

Voluntary Employees’ Beneficiary Association (VEBAs)

tax exempt trust vehicle

provides out of pocket reimbursement for healthcare costs

available to both EEs & retirees

may not provide retirement benefits or commuting benefits

Taxation:
- ER deducts contributions to a VEBA; earnings on contributions are NOT taxed to the ER or EE
- EE does NOT recognize income on contributions to VEBA

414
Q

COBRA Qualifying Events

A
415
Q

Reformation vs Rescission

A

Reformation = both parties agree to work together

Rescission = occurs when no agreement can be reached & is usually carried out by a court of law

416
Q

Estate Planning

A

process of accumulation, management, conservation, & transfer of wealth considering legal, tax, & personal objectives

GOALS:
1. Effective Transfers - decedent’s assets transferred based on their wishes
2. Efficient Transfers - transfer costs including taxes are minimized; maximize net to heirs

417
Q

Heirs

A

people who inherit under state laws

418
Q

Legatees

A

people who inherit under the will

419
Q

Abatement

A

reduction of bequest

420
Q

Ademption

A

extinguishment of a right

421
Q

Testator

A

the will maker

422
Q

Basic Estate Planning Documents

A

Wills - avoids intestacy; age 18 & of sound mind

Durable General Power of Attorney

Durable Power of Attorney for Health Care (to keep principal alive) - in writing, survives disability but NOT death

Advance Medical Directive - power to terminate life sustaining treatment

Others:
- side letters of instruction
- powers of attorney for property
- living wills
- do-not-resuscitate orders

423
Q

Wills

A

a legal document that provides the testator (the will maker) the opportunity to control the distribution of their property at death & thus avoid their state’s intestacy laws

testate = decedent w/ valid will

intestate = dieing w/out a valid will or die w/ a will that does NOT dispose of all property (also known as “partially intestate”)

424
Q

Holographic Wills

A

in own hand

written in testator’s handwriting

must be signed & dated by testator

425
Q

Noncupative Wills

A

usually only covers tangible personalty

oral

dying declarations made before sufficient witnesses

NOT valid in all states

426
Q

Statutory Wills

A

generally drawn by an attorney

complying w/ the laws for wills of the domiciliary state

427
Q

Survivorship Clause

A

selected will provision

requires that the beneficiary to survive the decedent for a specified period of time in order to inherit

cannot be longer than 6 months for transfer to qualify for unlimited marital deduction

428
Q

Disclaimer Clause

A

selected will provision

reminds legatee they may disclaim & the clause may direct who inherits if they do disclaim

429
Q

Disclaimer Clause - Rules to Disclaim (3)

A
  1. disclaiming party cannot have benefited
  2. must be made in writing w/in 9 months
  3. person disclaiming can’t direct disposition of property

surviving spouse may disclaim so more assets go to kids & the applicable estate tax credit is utilized

kids may disclaim so that the surviving spouse may inherit to utilize the marital deduction

430
Q

Contingent Legatee Clause

A

determines how the proceeds will be divided w/ relation to the deceased heirs & their descendants

Per Stirpes (By Representation or By the Roots):
- grandchildren stand in for their deceased parent & get that share to split among themselves

Per Capita (By the Head):
- equal shares based upon # of living beneficiaries; heirs of the same generation get an equal share IF they are the only heirs

Per Capita At Each Generation:
- heirs of the same generation ALWAYS get an equal share; typically one of the more preferred methods of leaving assets to heirs

431
Q

No-Contest Clause

A

sometimes called an “in terrorem clause”

attempts to discourage disappointed heirs from contesting the will by substantially decreasing or eliminating a bequest to them if they file a formal, legal contest to the will

432
Q

Revocation

A

the testator can destroy the will, either by shredding or burning

testator can also create a new will specifically revoking the previous will

in some states the testator can revoke the will by writing “cancel” across the will

433
Q

Changing Wills - Codicil

A

supplement to a will

may be executed like a statutory will, which must be signed, properly witnessed, & notarized

used to modify, explain, or amend a will

434
Q

Side Instruction Letter

A

details the testator’s wishes regarding the disposition of specific tangible possessions (such as household goods), as well as funeral & burial wishes

exists separately from the will

435
Q

Power of Attorney

A

stand-alone document, allows an agent to act for the principal & may include power to appoint assets

power to act

ends at the death of the principal

may be general or limited

may be revoked at anytime by the principal

used for health care or property management

Limited used in a non-marital trust

General may be used in a marital trust

436
Q

Power of Appointment

A

a power, usually included in a trust or power of attorney, allowing power holder to direct assets to another (eg pay bills)

power to transfer assets

may survive the death of the grantor

may be general or limited to an ascertainable standard or limited in some other way

may be revoked at anytime by principal

437
Q

Powers of Attorney - Exam Info

A

All POAs cease at death
- exam questions may be structured to see if you know whom you work for; once the principal dies the accounts will be frozen until the estate administrator brings the letters testamentary to gain control over the accounts

Planners are NOT required to recognize the POA
- if the agent requests an action that is harmful to the principal, the planner can refuse to take action; contacting the compliance department is also a good answer choice for these types of questions

438
Q

Durable Power of Attorney

A

agent’s power does NOT expire upon the principal’s incapacity or disability but rather expires ONLY at the principal’s death

439
Q

Springing Power of Attorney

A

agent’s power “springs” into existence upon some defined event or determination (i.e., at the disability of the principal)

even though the principal has signed the power of attorney, the agent CANNOT exercise the powers granted to him until the specific event occurs

440
Q

Durable Power of Attorney for Health Care

A

medical power of attorney

legal document appoints an agent (someone w/ authority to act on behalf of another) to make health care decisions in the case of a principal who is unable to make those decisions for themselves

441
Q

Living Will (a.ka. Advance Medical Directive)

A

legal document expressing an individual’s last wishes regarding sustainment of life under specific circumstances

establishes the medical situations & circumstances in which the individual no longer desires life-sustaining treatment in the event they are no longer capable of making those decisions

442
Q

Methods to Transfer Property at Death (4)

A
  1. Operation of Law
  2. Contract
  3. Trust
  4. Probate - Will, Intestate, Estate named as beneficiary; process of retitling assets
443
Q

Does NOT Avoid Probate:

A

No Survivorship Feature or
No Beneficiary Listed

Examples:
- Sole Ownership Property
- Tenancy in Common Property
- Community Property
- Invalid or no named beneficiary designations

444
Q

AVOIDS Probate

A

State Contract Law
- Life insurance
- Annuities
- IRAs, SEPs, SIMPLEs, & QPs
- Pay-on-Death (bank accounts) & Transfer-on-Death accounts (investment accounts)

State titling law- if survivorship feature

State trust law - all trusts

EXAM TIP = non-traditional (non-married) relationships should always avoid probate

445
Q

Sole Ownership

A

one owner

no survivorship feature

100% included in probate & gross estate

qualified for marital deduction if spouse

step to FMV at death

446
Q

Tenants In Common TIC

A

2 or more undivided interest

no survivorship feature

% owned included in probate

included in gross estate

qualified for marital deduction if spouse

partitionable involuntarily (portion can be sold w/out consent of other interest)

% step to FMV at death

Actual Contribution Rules

NO Deemed Contribution Rule

447
Q

JTWROS

A

2 or more undivided interest w/ survivorship rights (w/ certified death certificate)

AVOIDS probate

included in gross estate

qualified for marital deduction if spouse

partitionable involuntarily

% step to FMV at death

Actual Contribution Rules EXCEPT spouse

Deemed Contribution Rule IF spouse

448
Q

Tenants In Entirety TIE

A

married couple w/ survivorship (w/ certified death certificate)

AVOIDS probate

included in gross estate

qualified for marital deduction

NOT partitionable involuntarily

% step to FMV at death

NO Actual Contribution Rules

Deemed Contribution Rule

449
Q

Community Property

A

married undivided interest, NO survivorship, NO gift splitting

fruits are separate or are community property

step to FMV on both halves

50% included in probate

50% included in gross estate

qualified for marital deduction if spouse

NOT partitionable involuntarily

100% step to FMV at death

NO Actual Contribution Rules

Deemed Contribution Rule

separate property includes property acquired before marriage, inherited property, gifted property, & any income related thereto if maintained separately

450
Q

Probate Process

A

assets may transfer & be retitled through the probate process, by contract, by state titling law, or by state trust law

451
Q

Personal Representative

A

appointed to administer the probate estate

called the executor or administrator

452
Q

Duties of Court-Appointed Executor or Administrator

A

identify & produce a detailed list of decedent’s property/assets

safeguard, manage, & invest assets

give legal notice to creditors & heirs/legatees

pay the estate’s expenses

pay the debts & taxes of the decedent

collect revenues, interest, rents, etc during the estate

file all federal, state, & local tax returns timely

make appropriate tax filing elections

distribute assets to heirs/legatees as appropriate

close the estate w/ the court

453
Q

Heir vs Legatee

A

Heir = person who receives property under the state intestacy laws

Legatee = person named in a will to receive property

454
Q

Specific Duties of Administrator

A

petition court for appointment

put up security bond

court selects

court issues letter of administration

455
Q

Specific Duties of Executor

A

locate will

submit will to court

prove will w/ witnesses/notary

receives letters of testamentary

456
Q

Crummey Provision

A

creates a present interest in a trust which then qualifies the contribution to the trust for annual exclusion

allows the trust beneficiary to withdraw some or all of any contribution to a trust for a limited period of time to create a present interest

457
Q

5/5 Lapse Rule

A

if a trust has more than one beneficiary, the 5/5 Lapse Rule must be applied to determine i the lapse causes a taxable gift from the beneficiary holding the Crummey power to the other beneficiaries of the trust

such a taxable gift is a gift of future interest & is NOT qualified for the annual exclusion

a taxable gift is deemed to have been made when a power to withdraw an amount in excess of the GREATER of $5,000 or 5% of the trust assets has lapsed, or not been used by a beneficiary

458
Q

Applicable Exclusion Amount

A

each person also has one lifetime credit equivalency amount up to $13,610,000 (2024) of cumulative taxable transfers

equals a credit against tax of $5,389,800 for 2024; gift & estate taxes are a cumulative lifetime tax

Credit calculated as:
- first $1M = $345,800 in taxes due (estate & gift tax table not provided)
- amount over $1M taxed at 40% ($12.61m x 40% = $5.044m)
- to arrive at the credit: $5,044,000 + $345,800 = $5,389,800

459
Q

Form 709 - Gift Tax Return

A

must be filed - April 15 of the following year

can be extended by extending income tax return

the donor is primarily liable for gift tax but the donee can become responsible if the donor does not pay

460
Q

Maximum Gift/Estate Tax Rate
Memorize!

A

Taxable Gifts/Estates are over $1M….

Tentative Gift/Estate Tax = $345,800 + 40% of the excess of such amount over $1,000,000

461
Q

Lifetime Gifting Techniques to Achieve a Lower Gross Estate at Death

A

EXAM TIP = know this chart!

462
Q

Advantages of Lifetime Gifts vs. Bequests

A

Bequest = testamentary, or at death, transfers

Advantage to lifetime gifting:
- ability to use annual exclusion ($18,000 2024)
- gifting appreciating assets out of the estate
- any future income/appreciation from property gifted is taxable to donee & out of donor’s gross estate
- any gift tax paid on a taxable gift is excluded from the donor’s gross estate if the gift was made more than 3 years prior to the donor’s death
- payments of support & the expenses that would be considered qualified transfers during life are excluded from the calculation of gift tax; the estate tax calculation includes the transfers for future support & for reasons that would otherwise be a qualified transfer

463
Q

Gross Estate Formula

A

value of a decedent’s gross estate = the FMV of all interests owned by the decedent at their time of death

464
Q

The Gross Estate

A

includes the FMV at the date of death or alternate valuation date of the following:
property owned by the decedent

General powers of appointment

Life insurance (death benefit if policy transferred w/in 3 years before death)

Joint tenancy property - actual or deemed contribution rule applies

Retained life interests

Retained power to amend or revoke

Reversionary interest

Gift taxes paid w/in 3 years of death

465
Q

IRC Section 2035 Gifts Made Within 3 Years of Death

A

section 2035 requires a decedent’s gross estate to include: (3)

  1. any gift tax paid on gifts made w/in 3 years of the decedent’s date of death
  2. the value of any property gifted w/in 3 years of the decedent’s date of death if the decedent retained an interest
  3. the death proceeds of any life insurance policy insuring the decedent’s life that was gifted w/in 3 years of the decedent’s date of death (if decedent continued to pay premiums on policy gifted w/in 3 years of death the premium payments would be a gift eligible for the annual exclusion if a present interest & any gift tax paid on the gift may be included in the decedent’s gross estate)
466
Q

Transfers w/ a Retained Life Estate - Section 2036

A

a decedent’s gross estate includes the value of any interest in property transferred by the decedent in which he retained some interest in the property during his life

467
Q

Interest Retained for a Period Only Ascertainable by Death

A

a decedent who retains an interest in property for any period not ascertainable w/out reference to the decedent’s death must include the FMV (determined at the decedent’s date of death) of the property in his gross estate

468
Q

Retained Interest Held at Death

A

when a decedent transfers property & retains or reserves an interest for any period of time & that interest does not in fact end before the decedent’s death the FMV of the property at the decedent’s date of death must be included in his gross estate

inclusion also applies when the decedent retains the use, possession, right to the income, other enjoyment of the transferred property, or the right, either alone or w/ another person, to designate the person, or persons, who shall possess or enjoy the transferred property or its income

469
Q

Reversionary Interest

A

any interest which includes a possibility that the property transferred by the decedent may return to him or his estate or the possibility that property transferred by the decedent may become subject to a power of disposition by him

the FMV of a decedent’s reversionary interest is calculated as of the moment immediately before his death, & use of the alternate valuation date does NOT apply

to determine whether or not the decedent retained a reversionary interest in transferred property of a value in excess of 5%, the FMV of the reversionary interest in the property is compared w/ the FMV of the transferred property, including interests in the property which are not dependent upon survivorship of the decedent

470
Q

Revocable Transfers - Section 2038

A

a decedent’s gross estate includes the FMV at the decedent’s date of death of any interest in property transferred by the decedent if the enjoyment of the interest was subject, at the date of the decedent’s death, to any change through the exercise of a power by the decedent to alter, amend, revoke, or terminate, or if the decedent relinquished such a power in contemplation of death

Section 2038 does NOT apply to:
1. to the extent that the transfer was for full & adequate consideration, or
2. if the decedent’s power could be exercised only w/ the consent of all parties having an interest (vested or contingent) in the transferred property, & if the power adds nothing to the rights of the parties under local law, or
3. to a power held solely by a person other than the decedent

471
Q

Gross Estate - Annuities Section 2039

A

Straight Single Life Annuity = decedent who owned a straight life annuity before his death will NOT include any amount related to the annuity in his gross estate since the annuitant’s interest in the contract terminated at his death

Survivorship Annuity = when the first annuitant dies the value of a comparable policy on the second annuitant is included in the first annuitant’s gross estate; if the second to die has contributed to the purchase of the policy then only the proportionate value of the annuity is included in the gross estate of the first to die; the value of the survivorship annuity included in a decedent’s gross estate is based on the ratio of the decedent’s contributions to the survivorship annuity’s total cost to the total cost of the survivorship annuity

Gross Estate Inclusion = Value of annuity at decedent’s death x (Decedent’s cost basis / Total annuity cost basis)

472
Q

Powers of Appointment

A

power to name who will enjoy or own property

General power of appointment = causes inclusion in the holder’s gross estate

To avoid inclusion in gross estate limit to ascertainable standard (HEMS):
- Health
- Education
- Maintenance
- Support

5-and-5 Power:
- if the right to exercise is limited to the greater of $5,000 or 5% of the aggregate value of the property each year & the power lapses before the decedent’s death then the power of appointment is NOT included in the decedent’s gross estate; 5-and-5 power designed to limit the withdrawal right to a de minimis amount & penalize those withdrawals that exceed the de minimis amount

473
Q

Proceeds of Life Insurance - IRC Section 2042

A

includes the DB proceeds of a life insurance policy on the life of the decedent in the decedent’s gross estate if at the decedent’s death, either the proceeds were receivable by the decedent’s estate or the decedent possessed any incident of ownership in the policy

generally the amount to be included is the full DB payable from the life insurance policy; if the proceeds of the policy are made payable to a beneficiary in the form of an annuity for life or for term of years, the amount to be included in the decedent’s gross estate is the value of the available lump-sum payment at the decedent’s death

if the proceeds of a life insurance policy made payable to the decedent’s estate are community property under the local community property law & as a result 1/2 of the proceeds belongs to the decedent’s spouse, then only 1/2 of the proceeds is included in the decedent’s gross estate

474
Q

Valuation of Assets

A

FMV at date of death or alternate valuation date (6 months from death)

475
Q

Valuation of Assets - Real Estate

A

appraisals

476
Q

Valuation of Assets - Closely Held Business

A

Valuation Discounts:
- Minority discount

  • Lack of marketability discount
  • Blockage discount
  • Key person discount
477
Q

Valuation of Assets - Financial Securities

A

Average of the High & Low FMV on the trading day

Accrued Interest - included in value

Accrued Dividends - included in value

Stock that is not actively traded

Valuation included in decedent’s gross estate = [(Trading price after decedent’s DOD x # of days b/t decedent’s DOD & first preceding trade) + (Trading price before decedent’s DOD x # of days b/t decedent’s DOD & next subsequent trade)] / The sum of the days before & after the DOD*

*NOTE = weekends, holidays, or other days that the market is closed are NOT included in the calculation

478
Q

Valuation of Assets - Life Insurance in Gross Estate

A

Policy owned on another:
- depends on pay status of premiums
- Premium Pay Status = interpolated terminal reserve + unearned premium
- Paid up status = replacement value

Policy owned on decedent:
- death benefit (face value)

479
Q

Alternate Valuation Date

A

To Qualify:
1. the total value of the gross estate must depreciate after the DOD, &
2. the total estate tax must be less than the estate tax calculated using the date-of-death values

Valuation if properly elected:
1. all assets valued at the alternate valuation date
2. EXCEPT:
- assets distributed or sold before 6 months which are valued at the date of distribution or sale, &
- Wasting assets (annuitized annuities, patents, royalties, installment notes, lease income) must be valued at the DOD

wasting assets = assets that will decline in value for reasons other than market movement

SUMMARY:
- 6 months after DOD
- executor must make election by the filing date of the estate tax return
- election must lower the gross estate & estate tax due
- election applies to all assets in gross estate
- exceptions = wasting assets (notes, patents, annuities), & assets disposed of b/t death & alternate valuation date

480
Q

Deductions from the Gross Estate (Adjusted Gross Estate)

A

funeral expenses

last medical expenses 1040 / 706

administration expenses 1041 / 706

debts

casualty losses during administration 1041 / 706

481
Q

Estate Formula

A

Adjusted Gross Estate
LESS unlimited:
- Charitable deduction
- Marital deductions
EQUALS Taxable Estate
PLUS sum of all Post ‘76 gifts (keeps taxation cumulative)
EQUALS Tentative Tax Base

482
Q

Qualification for the Marital Deduction

A

Inclusion in the decedent’s gross estate
- must actually be included in the gross estate

Property transferred to a surviving spouse
- must go to the spouse… not just in trust for someone else

The Terminable Interest Rule
- must later be included in the surviving spouse’s GE
- surviving spouse’s interest cannot terminate at a future date

483
Q

The Terminable Interest Rule Exceptions (4)

A
  1. 6 month survival contingency
  2. terminable interest where spouse has general power of appointment
  3. QTIP trust
  4. CRT where spouse is the only noncharitable beneficiary
484
Q

Planning for the Non-Citizen Spouse

A

unlimited marital deduction NOT available for non-U.S. citizen spouse

Remedy = non-U.S. citizen spouse becomes a U.S. citizen before the due date of the return & maintains residency following the death of the spouse

of utilize a Qualified Domestic Trust (QDOT):
- at least 1 U.S. trustee
- must prohibit distribution unless U.S. trustee has right to withhold taxes
- trustee must keep sufficient assets to pay taxes
- executor must elect marital deduction (election made post-mortem)

485
Q

Estate Credits

A

Applicable estate tax credit:
- $5,389,800 for 2024 ($13,610,000 exemption)

Prior transfer credit:
- credit for estate taxes paid w/in the last 10 years

Foreign death taxes credit:
- tax paid on property outside the U.S.

486
Q

Paying & Reporting Estate Taxes

A

Estate Tax Return:
- Form 706 due 9 months after death
- Extension to file (but not to pay) can be granted for an additional 6 months

Penalties:
- Failure to File = 5% per month up to 25%
- Failure to Pay = 0.5% per month up to 25%
- Failure to File is REDUCED by Failure to Pay

if penalties are concurrent, the reduction of failure to file does NOT elevate the failure to pay penalty

487
Q

Estate Tax Portability Issues

A

you have to actually file a timely 706 to make the portability election

Remarriage Issues - the election is based on the last deceased spouse
- a remarriage in & of itself would NOT impact the last deceased spouse
- if multiple spouses are deceased, then the calculation can be complicated

488
Q

Income in Respect of a Decedent IRD

A

income a decedent was entitled to be paid but did NOT receive before his or her death

the asset is included in the gross estate of the decedent BUT there is NO step-up in basis

income tax must be paid by the recipient

489
Q

IRD Assets

A

All IRAs & qualified retirement accounts (excluding Roth IRAs, Roth 401(k)s, Roth 403(b)s & Roth 457s)

Dividends declared but not received

Commissions earned but not paid

Rents & royalties owed but not yet paid

Partnership income of a deceased partner

S corporation income of a deceased shareholder

Continuing payments from an annuity (period-certain annuity)

Unpaid debt on an installment note

490
Q

Capital Needs Analysis Approach - Life Insurance

A

the amount of capital needed under the capital needs analysis approach can be determined using the following formula:

Capital needed = Annual Income / Interest Rate

Interest Rate = real rate (1 + ROR) / (1 + inflation)

491
Q

Investor’s At-Risk Amount - At-Risk Rules

A

the amount invested plus the investor’s share of recourse debt

492
Q

Intra-Family Transfers

A

transfers not subject to gift tax

gifts outright & in trust

partial sales/gifts

full consideration transfers/sales (SCIN vs private annuity)

Family limited partnerships FLP

Trusts

493
Q

Transfers NOT Subject to Gift Tax

A

NOT considered a gift, does NOT utilize annual exclusion

Legal Support

Qualified Transfers - direct payment to medical/educational institution

Below-Market Rate Loans - deminimis

Transfers to U.S. citizen spouses will generally result in no tax d/t unlimited marital deduction

494
Q

Arm’s-Length Transactions

A

transfer b/t unrelated parties in the form of a sale, an installment sale, or an exchange

495
Q

Gifts Outright & in Trust

A

can be used to:
- Utilize annual exclusion - requires a present interest
- Remove future appreciation
- Reduce gross estate

496
Q

Partial Sale-Gift Transactions

A

sell an asset for less than the FMV

gift for difference b//t the FMV & the sale price will be a gift

497
Q

Full Consideration Transfers/Sales - Private Annuities

A

transaction b/t 2 private (but usually related) parties

unsecured promise from the buyer to make payments to the annuitant for the remainder of the annuitant’s life

effective when the actual life expectancy is less than the IRS life expectancy table

used when the seller is in poor health

can’t be terminally ill… but if seller lives > 18 months then it is presumed that the annuitant was NOT terminally ill

risk that the seller/annuitant will live longer

from annuitant’s perspective, each private annuity payment is split into 3 components:
1. interest - at the section 7520 interest rate in effect at the date of the sale
2. capital gain
3. income-tax-free return of capital (adjusted basis)

capital gain portion = (current FMV - adjusted basis) / number of expected payments (yearly capital gain portion)

interest portion = subtract both the return of adjusted basis & the capital gain from the yearly annuity payment

498
Q

Full Consideration Transfers/Sales - SCIN

A

Self-Canceling Installment Notes

installment sale w/ payments of interest & principal over term

SCIN premium paid to cancel note at seller’s death

no gift if the PV of the note is = to the value of the underlying property & the SCIN premium is appropriate

interest can be deductible

used when seller is in poor health

499
Q

SCIN vs Private Annuity

A
500
Q

Family Limited Partnerships (FLP)

A

partnership created to transfer assets to the younger generation

1% general partner - parent

99% limited partner - gift these to the child (make use of annual exclusion)

take advantage of minority shares & marketability discounts

use when transferor is intent on gifting asset while maintaining control

501
Q

Legal Title

A

held by the trustee

trustee is a fiduciary (acts in the best interest of the beneficiaries)

502
Q

Taxation of Trusts

A

Revocable - NOT a completed gift

Irrevocable - generally completed (unless retained interests)

Income tax:

  • Grantor trust = income taxed to grantor
  • Non-grantor trust = hybrid entity
    Distributed = taxed to beneficiaries
    Accumulated = taxed at trust rates
  • Simple trust = mandates distribution of income
  • Complex trust = permits accumulation of income
503
Q

Revocable Trusts vs Irrevocable Trusts Chart

A
504
Q

Classification of Trust Arrangements

A
  1. Revocable Trusts - grantor can revoke the trust
  2. Irrevocable Trusts - grantor CAN’T revoke the trust
  3. Inter Vivos Trust - created during life
  4. Testamentary Trusts - created at death
  5. Standby Trust - unfunded or minimally funded; waiting for trigger event (usually incapacity)
  6. Pourover Trust - receives assets from another source
  7. Grantor Trust - inter vivos trust for the grantor; grantor pays ALL income tax
  8. Funded or Unfunded (available to receive $ or property in the future)
505
Q

Inter Vivos Revocable Trusts

A

avoids probate

provides for management of the grantor’s assets if grantor is incapacitated

important in states w/ high probate costs

privacy is maintained - no notice requirements, terms confidential

will contests are discouraged - state law controls but generally more difficult

NOT effective for reducing estate taxes

506
Q

Inter Vivos Irrevocable Trusts

A

used to achieve estate & gift objectives

completed gift

use annual exclusion - remember need present interest!
- distributions of income are considered a present interest
- Crummey (do NOT forget “5-and-5” power)

507
Q

Crummey Power

A

makes it possible to transfer an irrevocable trust for the gift tax annual exclusion; allows beneficiaries of trust to withdraw any contribution made to the trust w/in a certain period of time (typically 30 days)

REMEMBER: whenever a trust that gives the beneficiaries the right to demand distribution of the grantor’s contribution to the trust is created, the “5-and-5” power must be considered

hanging power = to the extent that a demand beneficiary has a right to withdraw that does not lapse (the portion over the “5-and-5” amount), the nonlapsing portion will hang over to a subsequent year, when it can lapse under the “5-and-5” standard

“5-and-5 Power” allows beneficiary the right to appoint the GREATER of $5,000 or 5% of trust assets; power is made noncumulative (when it is not exercise for a give year it lapses) thus failure to exercise this power in any year will NOT result in gift tax consequences
- IF the power has NOT been exercised in the year of death, the beneficiary’s gross estate will only include the GREATER of $5,000 or 5% of the property & NOT all the trust assets

508
Q

Grantor Retained Annuity Trust (GRAT)

A

pays fixed annuity to grantor for defined term

remainder to noncharitable beneficiary at the end of term

Gift = PV of remainder interest

if grantor dies during term = value of trust IS included in gross estate; no tax saved

use property that is expected to appreciate at a rate greater than the 7520 rate

RISK = grantor dies too EARLY

509
Q

Grantor Retained Unitrust (GRUT)

A

similar to GRAT EXCEPT pays fixed percentage of assets each year that are revalued on an annual basis

NOT suitable for hard to value assets

used very infrequently

510
Q

Qualified Personal Residence Trust (QPRT)

A

form of GRAT for personal residence

grantor receives use of the house transferred

ideal if house is appreciating faster than the 7520 & family plans to keep home

Gift = PV of remainder interest

if grantor dies during term = INCLUDED in Grantor’s Gross Estate

511
Q

Irrevocable Life Insurance Trust (ILIT)

A

trust holds life insurance policy

utilizing the annual exclusion; Crummey provision

avoid requiring the trust to pay proceeds to estate for taxes or administration expenses because it causes inclusion in the gross estate

in order to provide liquidity:
- allow trust to purchase assets of the estate
- allow trust to loan money to the estate

not included in the gross estate of the insured if there is no incidence of ownership

512
Q

Trusts for Minors - Section 2503(b) & Section 2503(c)

A

minors are not generally permitted to own property

2503(b):
- may hold assets for beneficiary’s lifetime but must distribute income annually
- annual exclusion available for the PV of the income interest

2503(c):
- allows income to be accumulated but assets must be available to child when they turn 21
- annual exclusion available for the contribution

513
Q

ABC Trust Arrangement - A Trust

A

power of appointment trust

gives surviving spouse general power of appointment over trust’s assets; avoids terminable interest rule

value of property qualifies for marital deduction

514
Q

ABC Trust Arrangement - B Trust (Credit Shelter or Bypass Trust)

A

taxable beneficiaries to ensure use of applicable credit amount

spouse can still get the income, HEMS, “5-and-5”

515
Q

ABC Trust Arrangement - C Trust (Qualified Terminable Interest Property QTIP)

A

allows decedent to qualify a transfer for the marital deduction at his death yet still control the ultimate disposition

taxed in the estate of the second spouse to die

property must qualify for marital deduction

spouse entitled to trust income for life & the income must be paid annually

spouse must be able to compel the trustee to sell non-income-producing assets

during the spouse’s lifetime no one can appoint property to anyone other than the spouse

must file an election on the 706

QTIP is election

executor has 15 months to determine the applicability of the QTIP election; 9 months plus extension

516
Q

QDOT

A

allows a noncitizen spouse to qualify for the martial deduction

requires a domestic trustee

517
Q

When is a gift tax return required on charitable contributions?

A

if there is a split gift b/t charity & non charitable beneficiary

518
Q

Charitable Gifts of a Split Interest - Pooled Income Funds PIF

A

contributions are pooled in a trust maintained by the charity

income for life to donor

remainder to charity

good for SMALL gifts

519
Q

Charitable Gifts of a Split Interest - Charitable Remainder Annuity Trust CRAT

A

less flexible

fixed annuity greater than or equal to 5% initial FMV

annuity must be paid at least annually to donor

life or term (term cannot be more than 20 years)

donor can change charitable beneficiary

no contributions after inception

Remainder Interest greater than or equal to 10% of initial FMV

520
Q

Charitable Gifts of a Split Interest - Charitable Remainder Unitrust CRUT

A

more flexible

fixed percentage of at least 5% of the annual FMV

annual valuation

donor can contribute after inception

catch up provisions allowed if only distribute income if less than stated %

Remainder Interest greater than or equal to 10% of initial value

521
Q

Charitable Gifts of a Split Interest - Calculation of the gift & remainder interest

A

CRAT:
- multiply annuity by IRS table to get income interest
- deduct income interest from FMV to get remainder

CRUT:
- complex calculation

522
Q

Non-Trust Split Interest Charitable Gifts

A

donate the property but retain the right to use it

similar to a QPRT

personal residence or farm

523
Q

Charitable Remainder Trusts - Summary Characteristic Table

A
524
Q

Charitable Gifts of a Split Interest - Charitable Lead Trusts CLT

A

charity receives income, remainder to noncharitable beneficiary

used by high net worth individuals who do NOT need current income

use appreciating assets!

must be grantor trust to receive charitable income tax deduction

525
Q

Testamentary Giving to Charities

A

no deduction for income tax purposes

for estate deduction (if applicable):
- must be mandatory
- amount must be certain & included in the gross estate

some items are more beneficial at death - papers of political figures:
- During life = income tax deduction limited to AB which is 0
- At Death = no income tax deduction, but no estate tax either
- Potentially Better = get adjustment to basis, give to an heir & let heir donate & get higher income tax deduction

526
Q

Transfer-for-Value Rule Exceptions

A

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

527
Q

Installment Payments of Estate Tax - Section 6166 & Section 6161

A

closely held business

extend the payment of estate taxes over a 14 year period

first 4 years of payments are interest-only, followed by 10 payments that amortize the estate tax liability over the payment period

the value of the business interest must be at least 35% of the value of decedent’s Adjusted Gross Estate

the business interest MUST be a closely held business:
- a sole proprietorship;
- a partnership if at least 20% of the capital interest is included in the decedent’s gross estate or if the partnership has fewer than 45 partners; or
- a corporation if at least 20% of the voting stock is included in the decedent’s gross estate or if the corporation has 45 or fewer shareholders

528
Q

Corporate Stock Redemption - Section 303

A

stock may be redeemed from an estate up to the total amount of:
- estate & inheritance taxes, estate administration costs, & funeral expenses w/out being treated as a dividend

business must be a corporation & the value of said corporation must be more than 35% of the decedent’s adjusted gross estate

EXAM TIP = question is likely to ask about the percent of the estate that the corporate makes up; also it is ONLY applicable to corporations

529
Q

Generation Skipping Transfer Tax

A

3 Tax Systems = Estate, Gift, & GSTT

GSTT = an excise tax imposed on the transfer of property to a donee who is 2 or more generations younger than the donor

GSTT rate = the maximum estate tax rate in effect at the time the generation-skipping transfer (GST) occurs times the “inclusion ratio” (2024 = 40%; flat)

530
Q

Non-Skip Person

A

any natural person or trust that is not a skip person

531
Q

Skip Person

A

Lineal Descendants = 2 or more generations younger than the transferor

Unrelated = transferees that are 37.5 years younger than the transferor

Trust may be skip person if:
- all interests in the trust are held by skip persons, or
- if distributions can only be made to skip persons

charitable organizations are considered to be in the same generation as the transferor

Predeceased Ancestor Rule = if a child of the transferor is deceased at the time of the transfer, then the deceased child’s descendents are moved up one generation

532
Q

Lineal Descendants

A
533
Q

Unrelated Parties

A
534
Q

Types of Taxable Transfers - Direct Skip

A

outright gift to a skip person

direct skips are taxed only once regardless of how many generations are skipped

GSTT on a direct skip is imposed only on the amount received by the transferee

any GSTT associated w/ a direct skip that is paid by the transferor is treated as a taxable gift by the transferor

the transferor is generally liable for the GSTT on a direct skip

if a direct skip is made from a trust, the trustee is liable

535
Q

Types of Taxable Transfers - Taxable Termination

A

any termination of a trust interest unless at the termination of the trust:
- the trust property transferred is subject to federal or gift tax,
- a non-skip person receives an interest in the property transferred out of the trust, or
- the distribution from the trust will never be made to a skip person

the taxable amount = the value of the trust property transferred less any expenses, indebtedness, & taxes attributed to the termination

the trustee is liable for the GSTT on a taxable termination

536
Q

Types of Taxable Transfers - Taxable Distribution

A

any distribution from a trust to a skip person that is not a taxable termination or a direct skip

taxable about = amount received by the recipient, reduced by any expenses incurred by the recipient in connection w/ the determination, collection or refund of the GSTT imposed on such distribution

transferee is liable for the GSTT on a taxable distribution

537
Q

GST - Exclusions

A

Qualified Transfers

Annual Exclusions $18,000 (& split gifts)

Lifetime Exemption $13,610,000 2024

538
Q

GST - Exemption

A

the transferor may elect out

automatically allocated at death to the extent not actually allocated on or before the due date for the transferor’s estate tax return
- first allocated pro rata to direct skips
- remaining GST exemption allocated pro rata to trusts

539
Q

GST - Applicable Fraction

A

= GST Exemption Allocated / (Value of property transferred - Death taxes - Charitable deductions - Nontaxable gift portion)

540
Q

GST - Inclusion Ratio

A

= 1 - Applicable Fraction

541
Q

GST - Applicable Rate

A

= Inclusion Ratio x Maximum Transfer Tax Rate (40% for 2024)

542
Q

GSTT Summary - EXAM TIP = KNOW THIS INFORMATION

A

KEY POINTS:
- designed to tax large transfers b/t skipped generations (i.e., grandparent to grandchild)
- it is separate from, & additional to, the gift & estate tax systems

TRANSFERS SUBJECT TO GSTT:
- Direct skips
- Taxable termination
- Taxable distribution

GSTT RATE:
- the GSTT rate is the highest marginal rate for the unified gift & estate tax rates (40% for 2024)
- any GSTT paid will be added to the FMV of the gift to determine total taxable gifts for the federal gift tax

EXCEPTIONS TO GSTT:
- GSTT annual exclusion is $18,000 per donee per donor, gift splitting is available if both spouses elect
- Indexed but $18,000 for 2024
- The predeceased-parent rule applies for direct skips to lineal descendants & collateral heirs if the decedent does not have any direct lineal descendants (children, grandchildren)
- Lifetime exemption available during life or at death equal to the applicable estate tax exemption of $13,610,000 for 2024
- Qualified transfers are excluded

543
Q

Punitive Damages

A

punitive damages = included in income

only compensatory damages for bodily injury are excludable from gross income

compensatory damages w/out bodily injury are includable as are punitive damages

544
Q

Fed Funds Rate

A

rate at which member banks borrow from each other

TIP = follow supply & demand for banks looking for loans and banks w/ loans to give

fed has no direct control but DOES have influence