Ch 3 part 1 Flashcards
Who can use fiscal year tax reporting?
Only C Corporations
Usually Not S Corporations or personal service corporations,
Must establish business purpose to adopt fiscal year
Short-period tax return
Corporation must file a short period tax return if its filing for under
A 12 month period
Personal Service Corporation
Corporation whose principal activity I’d performance of personal
Services by its employee owners who own over 10% of stock
General Equation for determining: corporate income tax
Gross income - deductions and losses
= taxable income before special deductions
- special deductions
= taxable income
X corporate tax rate
= regular tax before credits and other taxes
- (foreign tax credit and possessions tax credit)
= regular tax
- other tax credits
+ recapture of previously claimed tax credits
= income (regular) tax liability
Alternative minimum tax (AMT)
Taxable income before NOL deduction \+/- adjustments to taxable income \+ tax preference items - alternative tax NOL deduction = alternative minimum taxable income - statutory exemption = tax base X 20% tax rate = tentative minimum tax before credits - AMT foreign tax credit = tentative minimum tax - regular income tax = alternative minimum tax (if greater than 0)
Accrual tax method
Corporation reports income in year it earns it and reports
expenses in year it incurs the expenses
4 exceptions that allow corporation to use the cash method
1 qualifies as family farming corporation
2 qualifies as personal service corporation (health, law, accounting)
3 avg. 3 year receipts was under $5 million
4 has elected S corporation status
Cash method accounting for taxes
Corporation reports income when it actually or constructively
Receives income and reports expenses when it pays them
Difference of Corporations vs. Individuals: Gross Income
Exclusions for fringe benefits available only to individuals
Exclusions for capital contributions available only to corporations
Difference of Corporations vs. Individuals: Deductions 4
Individuals have for AGI deductions, from AGI deductions
And personal exemptions
Corporations don’t compute AGI: their deductions are presumed
Ordinary and necessary business expenses
Difference of Corporations vs. Individuals: Charitable Contributions 2
Individuals limited to 50% AGI (30% for capital gain property)
Corporations limited to 10% of taxable income without Dividends received deduction, US production activities deduction, NOL
and capital loss carry backs and contribution itself
Difference of Corporations vs. Individuals: Depreciation on Sec. 1250 property 3
1 individuals generally don’t recapture depreciation
2 individuals subject to 25% to 28.8% tax rate on unrecapture
Sec. 1250 gains
3 corporations must recapture 20% of amount that would be
Recaptured under sec. 1245
Difference of Corporations vs. Individuals: net Capital gains
1 individuals get favorable rates
2 corporations taxed at corporate tax rates
Difference of Corporations vs. Individuals: capital losses
Individuals get $3000/ year deduction and can carry forward indefinitely
Corporations can carry back capital losses 3 years
and forward 5 yrs.
Difference of Corporations vs. Individuals: dividends received deduction
70%, 80% or 100% only available to corporations
Difference of Corporations vs. Individuals: NOL
Complex for individuals to realize a NOL, they are allowed to
Carry back or forward
corporations NOL is excess of deductions over income for year
Can elect to carry back two years or carry forward 20 years
Difference of Corporations vs. Individuals: production activities deduction 2
For individuals it’s based on lesser of qualified production
Activities income or AGI
for corporations it’s based on lesser of qualified production
Activities income or taxable income
Difference of Corporations vs. Individuals: tax rates
Individual rates are 10% to 39.6%
Corporate rates are 15% to 39%
Difference of Corporations vs. Individuals: Alternative Minimum Tax 3
1 individual AMT rates are 26% or 28%
2 corporate AMT rate is 20%
3 corporations subject to AMTI adjustment called adjusted current earnings (ACE)
Difference of Corporations vs. Individuals: passive losses
Passive losses apply to individuals, partners, s corporations and
Closely held C corporations
They don’t apply to widely held C corporations
Difference of Corporations vs. Individuals: casualty losses
Casualty losses are deductible in full by a corporation because
Corporate casualty losses are business related
Individuals reduce casualty losses by $100 and are restricted
To losses exceeding 10% or AGI
Corporations: capital gains and losses position
Corporations must net all capital gains and losses
Corporation net capital loss, what can it be used to offset
Can only offset capital gains, can’t offset ordinary income
Corporation can carry back as short term capital loss 3 years
And carry forward as ST capital Loss 5 years ( they expire after 5 years)