Ch 3 part 1 Flashcards

0
Q

Who can use fiscal year tax reporting?

A

Only C Corporations

Usually Not S Corporations or personal service corporations,
Must establish business purpose to adopt fiscal year

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1
Q

Short-period tax return

A

Corporation must file a short period tax return if its filing for under
A 12 month period

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2
Q

Personal Service Corporation

A

Corporation whose principal activity I’d performance of personal
Services by its employee owners who own over 10% of stock

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3
Q

General Equation for determining: corporate income tax

A

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

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4
Q

Alternative minimum tax (AMT)

A
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)
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5
Q

Accrual tax method

A

Corporation reports income in year it earns it and reports

expenses in year it incurs the expenses

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6
Q

4 exceptions that allow corporation to use the cash method

A

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

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7
Q

Cash method accounting for taxes

A

Corporation reports income when it actually or constructively
Receives income and reports expenses when it pays them

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8
Q

Difference of Corporations vs. Individuals: Gross Income

A

Exclusions for fringe benefits available only to individuals

Exclusions for capital contributions available only to corporations

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9
Q

Difference of Corporations vs. Individuals: Deductions 4

A

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

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10
Q

Difference of Corporations vs. Individuals: Charitable Contributions 2

A

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

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11
Q

Difference of Corporations vs. Individuals: Depreciation on Sec. 1250 property 3

A

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

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12
Q

Difference of Corporations vs. Individuals: net Capital gains

A

1 individuals get favorable rates

2 corporations taxed at corporate tax rates

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13
Q

Difference of Corporations vs. Individuals: capital losses

A

Individuals get $3000/ year deduction and can carry forward indefinitely

Corporations can carry back capital losses 3 years
and forward 5 yrs.

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14
Q

Difference of Corporations vs. Individuals: dividends received deduction

A

70%, 80% or 100% only available to corporations

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15
Q

Difference of Corporations vs. Individuals: NOL

A

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

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16
Q

Difference of Corporations vs. Individuals: production activities deduction 2

A

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

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17
Q

Difference of Corporations vs. Individuals: tax rates

A

Individual rates are 10% to 39.6%

Corporate rates are 15% to 39%

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18
Q

Difference of Corporations vs. Individuals: Alternative Minimum Tax 3

A

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)

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19
Q

Difference of Corporations vs. Individuals: passive losses

A

Passive losses apply to individuals, partners, s corporations and
Closely held C corporations

They don’t apply to widely held C corporations

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20
Q

Difference of Corporations vs. Individuals: casualty losses

A

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

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21
Q

Corporations: capital gains and losses position

A

Corporations must net all capital gains and losses

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22
Q

Corporation net capital loss, what can it be used to offset

A

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)

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23
Q

Corporate ordinary business deductions 9

A
1 salaries of officers and employees
2 rent
3 repairs
4 insurance premiums
5 advertising
6 interest
7 taxes
8 losses on inventory/property, bad debts
9 depreciation
24
Q

What 4 expenses are not allowed to be deducted as ordinary business expenses

A

1 no deduction on interest borrowed to purchase tax-exempt securities
2 illegal bribes or kickbacks
3 fines or penalties to the government
4 insurance premiums to insure lives of officers and employees
Where corporation is the beneficiary

25
Q

Organizational expenditures

A

Outlays made in forming the corporation legal and accounting
fees incurred in the incorporation process

Expenditures normally must be capitalized

26
Q

Amortization of organizational expenditures under section 248

A

Corporation may elect to deduct first $5,000 of organizational expenditures as long as expenditures don’t exceed $50,000
Deduction is reduced by amount exceeding $50,000

Amortize over 180 months

27
Q

specific organizational expenditures: legal services incident to corporation’s organization 3

A

1 drafting the corporate charter and bylaws
2 minutes of organizational meetings
3 terms of original stock certificates

28
Q

4 specific organizational expenditures

A

1 legal services incident to corporations organization
2 accounting services necessary to create corporation
3 expenses of temporary directors and organizational meetings
Of directors and stockholders
3 fees paid to state of incorporation

29
Q

Start up expenditures, define

A

Outlays that would otherwise be considered Ordinary and
necessary business expenses paid/incurred by Individual or
corporate tax payer

Can deduct first $5000 in first year on amount less than 50K
Expenditures amortized over 180 month period

30
Q

3 objectives of start up expenditures

A

1 investigate the creation or acquisition of active trade or business
2 create active trade or business
3 conduct an activity engaged in for profit or production of
Income before the time the activity becomes active trade/business

31
Q

Common startup expenditures 6

A
1 costs to survey potential markets
2 analysis of available facilities
3 advertisements relating to opening the business
4 training of the employees
5 hiring of management personnel 
6 outside consultants
32
Q

Startup expenditures and organizational expenditures: what can be elected instead of amortizing over 180 month period?

A

The corporation can elect to capitalize the expenditures without
Any amortization

33
Q

3 ways that treatment of charitable contributions by individuals and corporate tax payers differ

A

1 timing of deduction

2 amount of deduction permitted for contribution of certain
No cash property

3 maximum deduction permitted in any given year

34
Q

Timing of corporate charitable deductions, what is the general rule?

A

Contribution must be paid during the year of deduction

Not just pledged

35
Q

Timing of corporate charitable deductions: what is the special rule for corporations that use accrual accounting method? 2 conditions

A

These corporations may elect to have part or all of charitable
Contribution having been made in year accrued instead of paid

1 Board of directors authorizes contribution in year accrued
2 corporation pays contribution by March 15th of following year

36
Q

Corporate charitable deductions of non monetary property

A

Charitable deduction equals donated property’s FMV

37
Q

Ordinary income property

A

Property whose sale resulted in ordinary income or short term
Capital gain

Ex. Investment property held less than 1 year, inventory property,
Property subject to depreciation recapture under sec. 1245 and
1250

38
Q

Charitable deduction limitation for ordinary income property

A

Limited to:
Charitable deduction =
property’s FMV - (ordinary income or short term capital gain)

39
Q

Special case for inventory, scientific research, college fund, equation for charitable deduction

A

Charitable deduction =

adjusted basis + 1/2 x (FMV - adjusted basis) this cannot exceed twice the adjusted basis)

40
Q

When a corporation donates appreciated property whose sale would result in a long term capital gain, what is the contribution deduction?

A

The contribution deduction equals the property’s FMV

41
Q

When is capital gain property restricted to the property’s: FMV - Longterm capital gain related to the property’s sale?
3 situations

A

1 corporation donates an intangible asset
2 tangible property donated and organization uses it for different
Purpose
3 corporation donates appreciated property to certain private
No operating foundations

42
Q

Substantiation requirements for donations 3,

note 2nd and 3rd requirements don’t apply to cash, publicly traded securities, vehicles

A

1 donations over $500, corporation must include its description
On tax return of property
2 donations over $5,000 corporation must obtain qualified
appraisal and include in tax return
3 donations over $500,000 must attach qualified appraisal to
Tax return

43
Q

Corporate limitation on charitable deduction, what 5 items are not included in the limitation?

A

10% of adjusted taxable income,

1 charitable contribution deduction
2 NOL carry back
3 capital loss carry back
4 dividends received deduction
5 US production activities deduction
44
Q

How long does a corporation have to use charitable contribution carry forwards?

A

5 years

45
Q

What 3 special deductions are C corporations allowed?

A

1 US production activities deduction
2 dividends received deduction
3 NOL deduction

46
Q

US Production Activities Deduction equation

A

9% x lesser of:
qualified production activities income
Or
Taxable income before US production activities deduction

47
Q

What is a main limitation on the US production activities deduction?

A

Deduction can’t exceed 50% of corporation’s W2 wages allocable
To US production activities

48
Q

Dividends received deduction, financial reporting

A

Not reported deduction not included in financial accounting

income, dividends are included

49
Q

Dividends received deduction rules

A

Corporations that own less than 20% can deduct 70% dividends
Corporations that own over 20% can deduct 80% of dividends

Corporations that own 80% with voting power can deduct
100% of dividends

50
Q

Limitation on dividends received deduction (for less than 20% owners)

A

Limited to lesser of 70% of dividends received

Or 70% of taxable income computed without regard to NOL
Deduction, capital loss carry back, dividends received deduction
Itself

51
Q

Dividends received deduction and net operating loss

A

If a net operating loss occurs, you can take the full deduction
Of 70% x dividends received

You can also take the dividends received deduction if the taxable
Income is less than 70% x dividends received

52
Q

Members of affiliated groups of corporations

A

Group of corporations is affiliated if parent corporation owns
At least 80% of stock of at least one subsidiary corporation

And at least 80% of other corporation is owned by other
Group members

53
Q

Foreign corporate dividends

A

The dividends received deduction doesn’t apply to dividends

From foreign corporations

54
Q

Dividends received deduction: when stock is held less than 46 days

A

Can’t take deduction

55
Q

Debt financed stock regulation

A

Dividends received deduction isn’t allowed for stock bought

With borrowed money

56
Q

What deduction is disallowed when a company experiences a NOL?

A

US production activities deduction is disallowed

57
Q

Sequencing of deduction calculations 5

A
1 all deductions other than charitable contributions, dividends
Received, NOL, US production activities 
2 charitable contributions deduction
3 Dividends received deduction
4 NOL deduction
5 US production activities deduction
58
Q

NOL Carry back: charitable deduction

A

NOL carry back from a later year won’t affect a charitable
deduction from a previous year

A carryover from a previous year will reduce the charitable
Contribution deduction