Ch. 10 - Sole Proprietorships, Partnerships, LLCs, & S Corps Flashcards

1
Q

For tax purposes, what categories of business structures are non-taxable (aka pass through entities)?

A

-Sole proprietorships
-Partnerships
-Limited liability companies (LLCs)
-S corporations

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2
Q

What is a Sole proprietorship, and what is its defining characteristic?

A

An unincorporated business owned by one individual–it has no legal entity separate from its owner

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3
Q

Where is taxable income from a sole proprietorship reported?

A

Schedule C (Profit or Loss From Business) on the proprietor’s Form 1040 (U.S. Individual Income Tax Return)

The Schedule C is the income statement for the sole proprietorship for the year

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4
Q

Where is tax on net profit from sole proprietorships computed/reported?

A

Net profit carries to the first page of Form 1040 as ordinary income and combined with all other income items recognized during the year. It is NOT computed on Schedule C

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5
Q

What is the common name for Section 199A?

A

The Qualified Business Income Deduction

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6
Q

What is the goal of the QBI deduction?

A

To lower the effective tax rate on the business profit earned by pass-through entities

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7
Q

Define qualified business income

A

It is ordinary income associated with a qualified trade or business

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8
Q

Is the QBI deduction a for AGI deduction or a from AGI deduction?

A

From AGI deduction

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9
Q

Modified taxable income and what is it’s basic formula?

A

taxable income is calculated before accounting for the qualified business income deduction and after subtracting any net capital gain

Modified taxable income = taxable income (before QBI) - net capital gains - qualified dividends

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10
Q

Qualified Business Income

A

Difference between ordinary income and ordinary deductions that a taxpayer receives from a “qualified trade or business” operating in the US
–Additionally, QBI includes the taxpayers proportional share of these amounts from any partnership or S corporation interest they hold

-Deductions include self-employment tax, self-employment health insurance, and any deduction qualified retirement plan

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11
Q

What is the QBI exclusion?

A

Qualified business income excludes specific investment income types, including:
1. capital gains or capital losses
2. Dividends
3. Interest income (except when “properly allocable” to a trade or business, like lending) and
4. Certain other investment items

ALSO, QBI does not include:
1. The “reasonable compensation paid to the taxpayers in relation to any qualified trade or business
2. Guarenteed payments made to a partner for services rendered provided

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12
Q

True or false: all income characteristics are included in QBI

A

False – only ordinary income associated with a qualified trade or business is included in QBI

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13
Q

What is QBI reduced by?

A

QBI is reduced by:

  1. The deductible portion of self-employment taxes
  2. the self-employed health insurance deduction
  3. the deduction for contributions to qualified retirement plans, to the extent the individuals trade or business income is taken into account in calculating the allowable deduction
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14
Q

What percentage is the QBI deduction, and what limitations apply to it?

A

The QBI deduction is 20% of QBI. However, it cannot exceed the greater of:

  1. 50% of W-2 wages paid by a qualified trade or business or
  2. The sum of 25% of W-2 wages + 2.5% of the unadjusted basis of qualified property used by the business.
  3. The final QBI deduction is subject to an overall limitation based on taxable income. The final deduction cannot exceed 20% of taxable income computed without regard to the QBI deduction and any net capital gain.
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15
Q

What types of businesses are EXCLUDED from the QBI deduction?

A

A qualified business does not include services businesses in the fields of:
-health
-law
-accounting
-actuarial science
-performing arts
-consulting
-athletics
-financial services
-brokerage services
-investing
-investment management

Qualiifed business income also excludes investment-related income, gains, losses, and deductions, as well as amounts earned as an employee or received from a partnership by a partner in exchange for services (guaranteed payments)

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16
Q

True or false: there is an exemption exempting high income earners from the W-2 Wage limitation and the exclusion of service businesses.

A

False – this is true, but it exempts lower-income taxpayers from the W-2 wage limitation and the exclusion of service businesses.

For taxpayers whose income exceeds the threshold up to $100,000 (50,000 for all others besides MFJ), the deduction for service businesses is phased down by 1% for reach $1,000 of taxable income over the threshold amount.

For both service and non service businesses, the W-2 limitation is phased in when taxable income is within the phase-in range. This phase-in also equals 1% of every thousand dollars of taxable income over the threshold amount (2% for everyone besides MFJ)

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17
Q

Summarize the QBI deduction

A

-Known as Section 199A in the IRC
-Meant to even the playing field between the corporate tax rate (21%) and pass-through entities
-In general, it is 20% of QBI

-QBI does not apply to businesses in the following fields:
-health
-law
-accounting
-actuarial science
-performing arts
-consulting
-athletics
-financial services
-brokerage services
-investing
-investment management
QBI also excludes:
-investment related income
-gains, losses, and deductions as well as amounts earned by employee or received from a partnership in exchange for services (guaranteed payments)

However, lower-income taxpayers are somewhat exempt from the W-2 wage limitation and the service business exclusion:
In 2023, if the taxable income before the QBI deduction is less than $364,200 (MFJ), QBI is simply 20% of business income
But if taxable income exceeds the $364,200 threshold by not more than 100,000, the deduction for service businesses in phased down by 1% for every 1000 of taxable income over the threshold

The W-2 wage limitation is phases in when taxable income is within the phase-in range. This phase in equals 1% of every 1,000 of taxable income over the threshold amount

QBI is also reduced by:
1. the deductible portion of self-employed taxes
2. The self-employed health insurance deduction
3. the deduction for contributions to qualified retirement plans, to the extent the individual’s trade or business income is taken into accounting in calculating the allowable deduction

The QBI deduction cannot exceed the greater of:
1. 50% of W-2 wages paid by a qualified trade or business
2. the sum of 25% of W-2 wages + 2.5% of the unadjusted basis of qualified property used by the business

The final QBI deduction is also subject to an overall limitation based on taxable income. The final deduction cannot exceed 20% of taxable income computed without regard to (1) the QBI deduction and (2) any net capital gain

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18
Q

Where does the QBI deduction appear?

A

it is a from AGI deduction (reducing final taxable income). It is NOT found on Schedule C and does NOT reduced the taxpayers AGI

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19
Q

True or false: excess business losses of a noncorporate taxpayer are deductible

A

False – they are currently NOT deductible

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20
Q

If a sole proprietorship operates at a loss, is it deductible? Where is it found?

A

It may be but is limited to $578,000 (MFJ) or $289,000 (all other individuals) in 2023.

If a sole proprietorship operates at a loss and that loss is deductible , it carries to the first page of Form 1040.

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21
Q

IF a deductible business loss (for a sole proprietor) exceeds other income, the individual (can/cannot) carry the excess loss forward as a NOL deduction

A

They can (but the deduction is future years is limited to 80% of taxable income in each carryforward year)

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22
Q

True/false: of an owner disposes of an asset used in a sole proprietorship, recognized gains and losses are reported on Schedule C

A

False– only the results of the sole proprietorships routine operations are reported on Schedule C.
Instead, asset disposal is recorded on Form 4797

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23
Q

True or false: if an individual borrows money for a business purpose relating to their sole proprietorship, the interest paid on the debt is deductible (subject to the net business interest limitation)

A

True!

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24
Q

To qualify for a home office deduction, the home office must ______ ______ _______ on a regular basis as the principal place of any business operating by the homeowner or as a place to meet with patients, clients, or customers

A

be exclusively used

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25
Q

Explain the home office deduction (the basics)

A

Add up total expenses, figure out what percentage of square footage is used exclusively for business activities, then multiply total expenses by the percentage.

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26
Q

True of false: a sole proprietor has only the one person working in business

A

False! It can have any number of employees

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27
Q

employer identification number

A

A number assigned to an employer by the IRS to identify the employer for employment tax purposes.

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28
Q

Employers must pay both a state and federal unemployment tax based on the ___________________

A

compensation paid to their employees during the year

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29
Q

What is FICA tax? What does it stand for? What is it used for?

A

Part of payroll tax

Federal Insurance Contribution Act
Employers must pay the tax authorized by the FICA act that fund the national social security and Medicare systems

30
Q

employer payroll tax> What components make it up?

A

The FICA tax (Social Security and Medicare tax) levied on employers that pay compensation during the year.

Has two components: Social security tax of 6.2% of a base amount of compensation paid to each employee and a Medicare tax of 1.45% of the employee’s total compensation.

31
Q

employee payroll tax

A

The FICA tax (Social Security and Medicare tax) levied on employees who receive compensation during the year.

32
Q

Beginning in 2013, individuals whose wages exceed a threshold amount must bay an extra ____% Medicare tax on a portion of their wage income, in addition to the 1.45% Medicare tax withheld on all wages

A

.9%

The threshold amount for this tax is $250,000 (MFJ), $125,000 MFS, and 200,000 for unmarried individuals

This only applies to employees, not employers

33
Q

True or false: business organizations cannot deduct gross compensation paid to their employees

A

False–they can

They can also deduct state and federal unemployment taxes and the employer payroll tax because these taxes are ordinary and necessary expenses incurred in the conduct of an active business.

34
Q

True or false: a sole proprietor is an employee of the business

A

False–they are not employees and do not receive a salary from the business

35
Q

self-employment (SE) tax

A

Employment tax levied on an individual’s net earnings from self-employment.

Found on line 31 of the Schedule C and must be paid along with individual income tax for year

36
Q

True or false: self-employment tax is reduced by the 20% allowable deduction for QBI income reported by a sole proprietor

A

False–it is NOT

37
Q

What ___ components make up self-employment taxes?

A

Two components;

  • a Social security tax of 12.4% of a base amount of net earnings from self employment and
    -a Medicare tax of 2.9% total net earnings
38
Q

True or false: the .9% additional Medicare tax also applies to self-employed income when the combination of self-employment income and wags exceeds a threshold amount

A

True!

39
Q

Partnerships

A

An unincorporated association of two or more persons to conduct business as co-owners.

40
Q

True or false: partnerships are made up of people

A

False–partnerships can be made of individuals, corporations, and even other partnerships

41
Q

A partnership agreement is…

A

a legal contract stipulating both the rights and the obligations of the partnership and the percentage of profits and losses allocable to each.

42
Q

general partnership

A

A partnership in which all the partners have unlimited personal liability for the debts incurred by the partnership.

43
Q

limited partnership

A

A partnership in which one or more partners are liable for partnership debt only to the extent of their capital contributions to the partnership. Limited partnerships must have at least one general partner.

The role of a limited partner in partnership activities must be carefully defined to maintain protection from liability for partnership debts. Activities in which a limited partner may engage without compromising liability protection include: working for the limited partnership, advising a general partner regarding the partnership business, and voting on partnership matters.

44
Q

limited liability partnership (LLP)

A

A partnership in which the general partners are not personally liable for malpractice-related claims arising from the professional misconduct of another general partner. However, they are personally liable for the other debts of the LLP.

45
Q

limited liability company (LLC)

A

A form of unincorporated business organization in which the members have limited liability for business debt. LLCs are generally treated as partnerships for federal tax purposes.

46
Q

What are the owners of LLCs called?

A

Members

47
Q

An LLCs members can include:

A

individuals, partnerships, corporations, and other LLCs

48
Q

How many members can an LLC have?

A

Limitless

49
Q

An LLC with two or more members is classified as a

A

partnership

50
Q

A single member LLC is treated as a ____________ for tax purposes

A

sole proprietorship

51
Q

True or false: partnerships are considered accounting entities for tax purposes but not legal business entities

A

False–they are both legal business entities and accounting entities

52
Q

An equity interest in a partnership is a __________ _________

A

intangible asset; the value of which depends on the underlying value of the partnership business

53
Q

A partner’s initial tax basis in a partnership equals:

A

the cash plus the adjusted basis on any property transferred to the partnership in exchange for the equity interest

54
Q

A partner’s economic investments consists of

A

the initial investment of cash or property plus the share of partnership debt for which the partner may ultimately be responsible

55
Q

True or false” a partners share of partnership debt is excluded from the basis in the partnership interest

A

False–it is included

56
Q

Although partnerships are not taxable entities, they are required to file an annual Form ______ with the IRS

A

Form 1065 (US Partnership Return of Income)

57
Q

passthrough entity

A

A business entity that is not a taxable entity. The income, gains, deductions, and losses recognized by a passthrough entity are reported by the entity’s owners and taxed only once at the owner level.

58
Q

separately stated item

A

An item of income, gain, deduction, or loss recognized by a passthrough entity that retains its character as it flows through to the owners. Separately stated items are not included in the computation of the entity’s ordinary business income or loss.

59
Q

What is reported on Schedule K of Form 1065?

A

Separately stated items

60
Q

distributive share

A

A partner’s share of any item of income, gain, deduction, loss, or credit recognized by the partnership. Distributive shares are usually expressed as a percentage and specified in the partnership agreement.

Detailed information is found on Schedule K-1 (Partner’s Share of Income, Credits, Deductions)

61
Q

guaranteed payment

A

A distribution from a partnership to a partner to compensate the partner for ongoing services performed for the partnership

Aka basically salaries paid to partners

62
Q

True or false: a partner is an employee of a partnership

A

False–they cannot be employees

63
Q

Do partners pay FICA payroll tax on guaranteed payments? Why or why not?

A

No, neither partners nor partnerships pay FICA payroll tax because guaranteed payments are not salaries

64
Q

True or false: partnerships do not withhold federal income tax on guaranteed payments.

A

True

65
Q

Individual general partners are/are not considered to be self-employed

A

Are considered to be self-employed

66
Q

True or false: guaranteed payments plus distributive shares of ordinary business income are net earnings from self-employment subject to SE tax and the .9% additional Medicare tax

A

True!

67
Q

Limited partners are/are not considered to be self-employed

A

They are not

68
Q

When a partner receives a cash distribution, the distribution is treated as…

A

a nontaxable return on investment. These investment increases and decreases are captured as positive and negative year-end adjustments to the tax basis in the partners interest in the partnership

69
Q

True or false: guaranteed payments, SE taxes, and the QBI deductions affect a partners basis in their partnership interest. If so, how?

A

False–they do not affect it

70
Q

Partners may/may not deduct their distributive shares of partnership losses for the year.

A

They may

However, they must reduce the basis in their partnership interest by their share of losses, and the basis cannot be reduced below zero. If a partner’s share of losses exceeds basis, the excess is not deductible in the current year.

71
Q
A