CFP Tax Flashcards

1
Q

CCH

A

Commerce Clearing House
publisher of reference books on federal income tax
cannot be cited to audit / tax court
NOT a source of tax law

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2
Q

Research Institute of America
RIA

A

publisher of reference books on federal income tax
cannot be cited to audit / tax court
NOT a source of tax law

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3
Q

Tax authorities

A

Internal Revenue Code - primary source of all tax law

Treasury regs - source of tax law

Revenue rulings and procedures - administrative interpretation / may be cited

Congressional Committee reports - indicate the intent of Congress / may not be cited as precedent

Private letter rulings - specific taxpayer situation

Judicial sources - court decisions interpret law

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4
Q

Audit representation

A

attorney
CPA
enrolled agent
enrolled actuary

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5
Q

client is unsure if he has filed taxes. do you?
call IRS
call CPA
call daughter, also a client
call his attorney, ask him to call CPA

A

attorney - a privileged person who can protect confidentiality of client

CPA is not privileged
IRS will not speak to you
calling daughter breaches confidentiality

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6
Q

Tax penalty: Frivolous return

A

$5000
omits information
shows substantially incorrect tax
based on taxpayer desire to impede tax collection

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7
Q

Tax penalty: Negligence

A

20% of the underpayment attributed to negligence
accuracy related penalty that is not due to fraud

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8
Q

Tax penalty: Civil fraud

A

75% of underpayment attributed to fraud
intent to cheat
deliberately understating liability

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9
Q

Tax penalty: Failure to file

A

5% of tax due per month with a maximum of 25%

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10
Q

Tax penalty: Failure to PAY

A

0.5% per month with a max of 25%
Think “Pay Point”

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11
Q

Qualifying widower status

A

uses MFJ rates
for two years IF there is a dependent

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12
Q

AGI adjustments
Above the line

A

IRA contributions
Keogh or SEP contributions
1/2 SE tax (.1413 / 2)
Alimony paid (pre 2019)
SE health insurance

others:
$2500 student loan interest
HSA contributions
Penalty for early withdrawal of savings
Moving expenses - active military

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13
Q

Deductions for AGI / Deductions from AGI

A

above the line / below the line

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14
Q

Investment interest deduction limits

A

Up to net investment income
Includes:
interest, dividends, royalties, short-term gains

NOT dividends or LTCG unless electing NOT to use reduced rates
NOT allowed against TAX EXEMPT bonds

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15
Q

Schedule A Casualty & Theft Losses

A

Must be federally declared disaster
Then:
Loss amount (Lesser of basis or FMV)
- Insurance payments
= Unreimbursed loss
- $100
- 10% of AGI
= Deductible loss

MUST file insurance claim if they have coverage
only able to deduct the loss in excess of 10% of AGI

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16
Q

Misc itemized deductions

A

Repealed

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17
Q

Home office deduction for employees

A

Suspended

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18
Q

Entertainment expenses

A

not deductible unless for benefit of employees (not HCE’s) - ie office parties

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19
Q

Tickets to sporting events / cultural events

A

NOT deductible

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20
Q

Business meal deduction

A

50% deductible if ordinary and necessary to business

Salaried employee cannot deduct anything. Ever.Only option is to get reimbursed.

Company can reimburse employees for business expenses and deduct 50% of meals (0% for entertainment)

Self employed person must pay 100% of expense and can only deduct 50% meals only on Schedule C

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21
Q

How many exemptions…?

A

ALWAYS ZERO

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22
Q

Kiddie tax

A

REMEMBER TO ADD THE $130
UNearned income from any source
under age 24

Standard deduction 0-1300
Next 1300-2600 at child’s rate 10%
then at parents rate - always the parent even if money was from GPA

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23
Q

Kiddie tax with EARNED income

A

Deduction is greater of $1300 OR
Earned Income + 450

NOT more than standard deduction of $14,600

HOWEVER, would be subject to SE tax if self-employed

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24
Q

SE Tax income

A

Net schedule C income - do not subtract health premiums - that goes to 1040
General partnership K1
Board of director fees
1099 part time earnings

NOT subject:
Real estate income or rents paid
Limited partner income/loss
Wages from S corp (subject to FICA instead)
Distributions from S corp (K1)

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25
SE Tax Amount
.1413 Cannot be on more than $168,600 amounts above only subject to Medicare tax only
26
Dependent care tax credit
20% of allowable expense (for exam purposes, actually a % scale) Taxpayer must be working Kid only until age 13 Non refundable Limited to $3000 for 1 dependent = $600 $6000 for 2 = $1200
27
Qualified vs Ordinary dividends
Qualified at capital gains rates Ordinary at ordinary income tax rates
28
Child tax credit
$2000 Partially refundable up to $1700 Under age 17 >> I am 16 going on 17=no credit phased out over $200K / $400K MAGI MFJ Other dependents: $500 non refundable "family credit" only if dependents have taxable income < 4500 adjusted for inflation
29
Adoption credit
100% of eligible expenses child under 17 or child with special needs claimed in year that adoption is finalized Not surrogacy or adopting spouse's child
30
Earned income credit
Refundable Anti-poverty for very low income earners
31
Which tax credits are refundable?
Child tax credit (partially refundable) Earned income
32
Tax deduction vs tax credit for different tax brackets
Tax credit more valuable for low bracket Tax deduction more valuable for high bracket
33
Calculation of taxable gain on installment sale
calc gross profit percentage gain on the sale / total contract price basis 100K sale for $1M gain = 900K / 1M = 90% apply to each installment payment Exceptions: if buyer is a RELATED party who sells within TWO years, sale collapses and all gain is taxable to original seller in first year Sold at a Loss All payments in year of sale
34
Net Operating Loss tax implications
NOL can be carried forward indefinitely - think CII Under TJCA, NOL may not be carried back to prior years
35
Type of business entity for PROFITABLE business
C corp or PSC - Personal Service Corp Both 21%
36
PSC Personal Service Corp
closely held C corp for professionals H-A-L-E Health (doc, dentist) Accounting, Architecture, Actor/Actresses, Actuarial science Law Engineering
37
Types of business entities for a business with LOSSES and risk-free
Sole Prop Partnership
38
Types of business entities for a business with LOSSES and risky (liability exposure)
S corp Limited Partnership LLC
39
Corporation dividend deduction
US corporation (C corp only) investing in another US corp receives a deduction for dividends rec'd 50% of dividends rec'd from qualifying corp may be excluded from income if receiving corp owns 20% or less of distributing corp 65% exclusion if between 20-80% owner 100% exclusion if > 80% owner
40
Difference between PSC and S-Corp
S corp can pass through earnings/losses. PSC is self-contained and losses would be carried forward, earnings taxed 21% Stock in both would step up at death. Both have limited liability but only general liability not professional. Both can deduct business expenses.
41
Sole proprietorship business loans
Interest paid on debt is deductible on schedule C without limit
42
Sole prop losses
Offsets any other income on 1040 Then carry forward as net operating loss like a corp
43
General partnership basis
1. Cash contributed by partner 2. Loans from partner 3. Other bank loans (b/c partner can be held responsible for debt) UNLIMITED PERSONAL LIABILITY
44
S Corp Basis
Cash contributed Direct loans from shareholder to corp NOT bank loans This can be a disadvantage - can only take losses up to basis
45
S Corp Eligibility
100 or fewer shareholders No preferred stock No non resident aliens Individuals, estates, and certain trusts can be shareholders
46
QBI
Deduction for qualified business income up to 20% depending on Tiered status (Tier 1,2,3) based on TAXABLE INCOME, not AGI pass through income from partnerships, sole props, and other pass through businesses (including REITs, publicly traded partnerships) BELOW THE LINE Available even with std deduction
47
S Corp taxation
Cash distributed is a non taxable return of investment that reduces basis Not subject to FICA or SE taxes Salary paid to owners IS subject to FICA/FUTA Any unearned income / losses become adjustment to basis
48
LLC with two or more members
LLP ltd liability partnership
49
Limited partner - when is a limited partnership the wrong answer
Can NOT be active in operations passive only
50
What is included / excluded from basis in business?
included: legal fees, commissions, sales tax, freight, improvements (must be capitalized) excluded: repairs, real estate taxes, normal operating expenses repairs deducted as expenses
51
INEligible property for nontaxable 1031 exchange
Inventory of a business Non business tangible / personal property Personal residence Marketable securities must be business real estate someone can exchange for a personal residence IF they then use that for business purposes, but owner of personal residence will be taxable
52
1031 exchange: Realized gain (1)
FMV property rec'd + any boot rec'd Minus Adjusted basis of property given up (given)
53
1031 exchange: Recognized gain (2)
Usually = to boot rec'd else Zero
54
1031 exchange: Substitute basis (3)
FMV of new property Minus (Realized gain (1) - Recognized gain (2))
55
Net Investment Income tax
3.8% on UNearned income
56
CRD / tax implications
Cost Recovery Deduction - depreciation which offsets business's ORDINARY income When assets are sold for a gain: 1. Look back and recapture the LESSER of total CRDs taken OR the gain realized as a 1245 gain (ordinary income) 2. Recover any excess gain as 1231 gain (capital gain). If gain is less than the CRD's there is no 1231 recovery. Recapture applies to all MACRS property mainly equipment other than real property (27.5) and non residential (39 yr class) example: equipment cost $12K CRDs $7392 Sale price $13K CRDs recaptured as 1245 gain (ord income) Sale price minus adjusted basis (original cost minus CRD) = Gain $13k - ($12k-7392) = $8392 CRD is less than gain so recapture is $7392 Amount of 1231 gain Difference between Gain and CRD = $1000
57
AMT preference items
IPOD Excess Intangible drilling costs (IDC) PRIVATE-activity muni bonds (not public) Oil and gas % depletion (not cost depletion) Deprecation (ACRS/MACRS not straight line)
58
AMT add back items
Previously deducted items that must be added back ISO bargain element SALT taxes Home equity interest if not used for home improvement
59
Depletion
like depreciation but for natural resources, recover the cost of an asset over productive life % depletion is an AMT preference item but not cost depletion
60
AMT payable
If tentative AMT is less than regular tax, no AMT due If tentative AMT is higher than regular tax, the difference is AMT payable aka tentative minimum tax
61
How to avoid / minimize AMT
Increase regular tax by: accelerate receipt of taxable income reduce deductions - defer payment of property tax, state income tax, medex, charitable giving defer exercise of ISO to a later date or disqualify the ISO so that it becomes an NSO subject to ordinary income tax buy pubic purpose muni bonds instead of private purpose (reduce preference items)
62
Master Limited Partnership (MLP) PTP
Publicly traded partnership - PTP Income is portfolio income on Schedule B cannot be sheltered by passive losses from any other source Losses can ONLY be used against income from the SAME partnership
63
Non Publicly Traded partnerships RELP
Real estate limited partnership Passive activity losses can only e used to offset income from other non public limited partnerships (Passive Income Generators) Usually reported on schedule E for real estate
64
Material vs active participation
Material - regular, continuous, substantial basis Active - less demanding standard requires bona fide/real involvement in management decisions limited partner cannot be active participant Both are exceptions to the passive activity rules A merely formal and nominal participation in management without genuine exercise of independent discretion is insufficient
65
Net loss deduction for ACTIVE participation in real estate activity
up to $25k/year phased out for AGI 100-150K on 2:1 basis
66
Principal residence rental
Not taxable income if < 15 days in tax year No deductions attributable to rental allowed
67
Rental of vacation home
Personal use cannot exceed longer of 14 days or 10% of the rental use THEN deductions attributable to rental use are allowed
68
Low income housing program
held as a passive activity may generate a deduction-equivalent credit up to $25K NO INCOME PHASEOUT calculate tax to determine max marginal bracket. If it is 37%, multiply $25K times 37% to get credit of $9250 credit allowed annually over a 10 year "credit period" don't confuse with the 27.5 year straight line deprecation
69
Historical Rehabilitation Credit
still available but often not productive phases out at $200K AGI if tax rate is 25% tax credit is $25K * 25% = $6250 these programs depend on credits, not returns, to make them worthwhile ??? This may be wrong IRS says it is 20% of expenses over 5 years
70
Oil and gas partnership
Exempted from PAL rules IF taxpayer is personally liable then losses are deductible without limits against active or portfolio income IF LIMITED partner, just passive loss until dissolution of partnership
71
Phantom income from real estate property
when real estate properties have declined in market value and are refinanced or debt is forgiven portions of debt forgiven is phantom income
72
Phantom income sources
Insurance: any type of lapse with a loan section 162 life and disability Investments: Zero/STRIPS TIPS Declared but not paid dividends/capital gains Tax: K-1 from LP/FLP Recaptures Retirement: ESOP distribution (basis only) Secular trust
73
Alimony & tax
PRE 2019 - taxable to payee and deductible by payor cash payments only not if property owned by payor spouse not if life insurance owned by payor spouse
74
Charitable donation limits
START WITH CALCULATING THE MAX # at 60% a)Cash b)LTCG (use related, stocks, real estate) c) Ordinary Property (not cap gain) >> Use unrelated >> STCG >> inventory >> artwork >> copyright d) Loss Property What is the value? a) cash amount b) basis or FMV c) basis ONLY d) FMV How much can i deduct? Overall = Total gift value. Deduction can be carried forward 5 add'l years. How much can i write off THIS YEAR? a) 60% of AGI b) FMV 30% AGI (FMV is 3 letters) Basis 50% AGI (Basis is 5 letters) c) 50% AGI d) 50% AGI
75
50% vs 30% charitable organizations
50% - public charities schools, churches, hospitals all orgs for charitable, religious, educational, or literary purposes, or prevention of cruelty to children or animals 30% private charities private non-operating foundations, fraternal orders, war veterans orgs
76
Simplified approach to charitable deduction
Step 1: Calc max at 60% Step 2: Cal amount to public charities (50% orgs): >> Up to 60% for cash donations >> Up to 30% of AGI for LTCG property at FMV Up to 50% of AGI for: Basis for inventory/works of art Basis for STCG Basis for Use Unrelated Property
77
Charitable bargain sale taxation
sale for less than FMV gain must be allocated between property "sold" and property "gifted" sale amount / FMV * basis = adjusted basis sale amount - adjusted basis = taxable gain
78
Taxation of scholarship $
Tuition and books not included in income Room & board IS included
79
Exclusions from gross income
Gift Inheritance Child support Workers comp compensatory damages (punitive is taxable) Muni bond interest Scholarship tuition and books
80
Investment interest Reg T vs Reg U
only reg T broker / dealer interest is deductible not reg U commercial banks
81
Qualified dividend tax rates vs tax brackets
Use tax tables 10- 12 bracket: 0% 22-35 bracket: 15% 35-37 bracket: 20%
82
Medicare tax
1.45% paid by ER, 1.45% paid by EE (2.9% total) plus additional 0.9% on income over 200/250K MFJ PLUS additional tax on Net Investment Income 3.8%
83
Cash vs accrual accounting
If over $29M revenue over 3 years average, accrual method Cash is ok if < 29
84
Corporate accumulated earnings
20% penalty/tax if above $250K or $150K for PSC
85
Which entity types count bank loans as part of basis?
Sole prop Partnership LLC Not S corp
86
Depreciation tables
MACRS 5 year (100/5) = 20% 7 year (100/7) = 14.29% Straight line(half year convention) 5 year (100/5/2) = 10% y year (100/7/2) = 7.14%
87
Hobby income / expenses
Expenses NOT deductible after TJCA 2017 Income counts as misc income Unless 3/5 years income is a business or 2/7 years for horses
88
Alimony recapture for front-loaded payments
If alimony paid too fast it is a disguised property settlement alimony paid and deducted the has to be recaptured Recapture / tax amount paid in years 1 & 2 exceeding constant of $37,500 year 1 + year 2 minus $37500 = recapture amount