Ch 3 Part 2 Flashcards
Computation of corporate regular (income) tax liability
Taxable income X income tax rates = regular tax liability - foreign tax credit = regular tax - general business credit - minimum tax credit - other allowed credits \+ recapture of previously claimed tax credits = income (regular) tax liability
Restriction on closely held corporations 4
1 Shareholder and family who own over 50% of company
Can’t deduct losses between company and shareholder
2 If share holder sells property of disallowed loss at gain, gain
Is offset by previously disallowed loss
3 if shareholder sells property of disallowed loss at loss, the
Disallowed loss is never recognized
4 Gain on sale is treated as ordinary income
5% surcharge, corporate tax rates
5% surcharge applies to amounts above $100,000 and less
Than $335,000
Max surcharge = $11,750 (335k - 100k)
Personal service corporations
Pay a flat tax rate of 35% on all income
Don’t have graduated tax rate like C corporations
Control group: special tax rules
Prevent shareholders from distributing income to multiple
corporations to lower their tax rates
Shareholders of 2 or more corporations must pay 5% surcharge
On income exceed $100k (maximum of $11,750)
Pay 3% surcharge on taxable income exceeding $15 million
(Maximum $100,000)
Controlled group
Comprised of 2 or more corporations owned directly or indirectly
By same shareholder or group of shareholders
3 categories of controlled groups
1 parent subsidiary controlled group
2 brother sister controlled group
3 combined controlled group
Parent-subsidiary controlled group
One corporation (parent corp.) must directly own at least 80% Of voting and value of stock of a second corporation (subsidiary)
Parent subsidiary control group example
Parent owns 80% of Axel corp and 40% of wheel corp
Axel owns 40% of wheel corp
Therefore parent also owns 80% of wheel corp, so the is
A parent subsidiary control group
Brother sister controlled group, 2 definitions
1) 50%-80% definition
2) 50% only definition
Brother sister controlled groups 50-80% definition: a group of 2 or more corporations is a brother sister group if 5 or fewer individuals, trusts or estates meet two conditions?
1 more than 50% voting power and 50% value owned
2 at least 80% voting power of all classes of voting stock
Of each corporation (5 shareholders must collectively own 80%)
Brother sister controlled groups 50% only definition
5 or fewer owners must own 50% of company
Combined controlled group
Comprised of 3 or more corporations meeting the following
Criteria:
1 each corporation is member of parent subsidiary controlled
Group or brother sister controlled group
2 at least one of the corporations is both the parent corp.
Of parent subsidiary controlled group and member of
Brother sister controlled group
How long do you have to be a group member in the tax year to be considered part of the controlled group?
1/2 the days in the year
Consolidated tax return
Groups of related corporations (affiliated groups) may elect to
File a single income tax return