Ch 9 Flashcards

0
Q

Deferred compensation

A

Methods of compensating employees based on their current

Service, but actual payments deferred to future period

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1
Q

How does tax law consider employee expenses?

A

Deductible in connection with trade or business

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2
Q

2 types of deferred compensation methods

A

Qualified plans and nonqualified plans

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3
Q

Qualified plans

A

Tax advantageous but strict eligibility and coverage

requirements

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4
Q

Non qualified plans

A

Not as tax advantageous as qualified plans

Very useful for highly compensated employees

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5
Q

2 classifications of employee expenses

A

1 Reimbursed employee expenses

2 unreimbursed employee expenses

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6
Q

Reimbursed employee expenses

A

Deducted for AGI

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7
Q

Unreimbursed employee expenses

A

Deducted from AGI

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8
Q

6 most frequently encountered employee expenses

A
1 travel
2 transportation
3 moving
4 entertainment
5 education
6 office in home
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9
Q

Expenses for self employed

A

Deductible for AGI

reported on schedule c

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10
Q

When does the employer-employee relationship exist?

A

Employer has right to control and direct individual who

Provides services w/regard to end result being accomplished

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11
Q

Social security and Medicare tax: employee

A

If classified as employee, employer must match SS and

Medicare taxes paid by employee

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12
Q

Social security and Medicare tax: self employed

A

Self employed most pay both employee and employer

portions of social security and Medicare tax

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13
Q

3 factors in determining whether person is an employee or independent contractor

A

1 behavioral control

2 financial control

3 relationship of parties

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14
Q

Behavioral control

A

Entails whether payor has right to control how individual
Does work

Also Accounts for training provided

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15
Q

Financial control

A

Independent contractor has significant investment in work,

Is not reimbursed for expenses, has opportunity for profit/loss

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16
Q

Relationship of parties

A

Looks at employee benefits and explicit written contracts

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17
Q

Limitations on unreimbursed employee expenses: 2% nondeductible floor, 4 items

A

1 unreimbursed employee business expenses
2 investment expenses
3 fees for tax advice/prep
4 expenses for hobby activity

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18
Q

3 general groups of miscellaneous itemized deductions

A

1 professional journals, professional dues, union dues,
Small tools and supplies
2 job hunting expenses in same trade/business
3 cost/maintenance of special clothing (uniforms)

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19
Q

Miscellaneous itemized deduction not subject to 2% floor

A

Gambling losses

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20
Q

Deductibility of travel expenses: For AGI, 3

A

1Tax payer engaged in trade or business as self employed

2 engaged in production of rent/royalty

3 employee reimbursed for expenses by employer

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21
Q

Deductibility of travel expenses: from AGI

A

Employee incurs travel expenses related to job and isn’t

Reimbursed, subject to 2% AGI Floor

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22
Q

Deductibility of travel expenses: not deductible

A

Personal travel expenses

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23
Q

Travel expenses

A

Include transportation, meals, lodging and other necessary

Expenses while away from home

24
Q

Transportation expenses

A

Individual not away from home

Related to local transportation

25
Q

Meals during transportation expenses

A

Not deductible

26
Q

2 rules to qualify as travel expense

A

1 trip must be connected to trade or business

2 taxpayer must be away from home overnight for
Sufficient duration to require sleep+ rest before returning

27
Q

Taxpayers home

A

Place closest to taxpayers principle place of business

28
Q

Indefinite work assignments

A

Work assignments for over 1 year away from home
Or expected to be over 1 year

Not deductible

29
Q

Temporary work assignments

A

Work away from home less than 1 year

Deductible

30
Q

Business vs. personal travel

A

Deduct all expenses if primarily business, with 50% on meals

If primarily personal only deduct items allocated to business
And may not deduct travel expenses

31
Q

3 transportation expenses deductible for AGI

A

1 trade or business
2 production of rent/royalty
3 reimbursed transportation exp.

32
Q

Transportation expense deductible from AGI

A

Unreimbursed transportation

33
Q

Non deductible transportation expenses

A

Commuting and personal expenses

34
Q

Classification of transportation expenses

A

Included items as taxi fairs, automobile expenses,

Airfares, tolls and parking fees of trade/business

35
Q

2 treatments for auto expenses

A

1 actual auto expenses

2 standard mileage rate

36
Q

Who can use the actual auto expense deduction

A

Self employed

37
Q

Actual (auto) expense method

What is included in automobile expenses?

A

Based on ratio of business expense to personal

2) gas, oil, repairs, depreciation, interest, property taxes,
License fees, insurance

38
Q

Standard mileage method

A

Available to tax payers

Deduct 56.5 cents per mile for 2013

39
Q

Meal and entertainment deduction

A

Limited to 50% (includes meals and tickets for entertainment)

Anything considered lavish isn’t deductible

40
Q

Directly related business entertainment expense

A

Business benefit comes from the entertainment expense

41
Q

Associated with entertainment expense

A

Taxpayer must show clear business purpose

Ex. Obtaining new business or encouraging existence of
business relationship

42
Q

An accountable plan is a reimbursement arrangement that meets both of the following 2 tests

A

1 substantiation

2 return of excess reimbursement

43
Q

Substantiation

A

Employee must make adequate accounting of expenses

To his employer

44
Q

Return of excess reimbursement

A

Within reasonable time, employee required to return any

Portion of reimbursement in excess of substantiated expenses

45
Q

Accountable plan deduction

A

For AGI

46
Q

Non accountable plan, is it deductible

A

Yes as from AGI subject to 2% AGI Floor

47
Q

Intention of per diem allowances

A

To simplify the burden of keeping detailed records for
Taxpayers that incur significant travel expenses

Derived from special tables

48
Q

Moving expense deductions

A

Limited deduction form moving expenses for employees
And self employed people

Deductible for AGI for both employees and self employed

49
Q

2 conditions must be met for moving expenses to be deductible

A

1 distance requirement

2 time requirement

50
Q

Moving expenses: Distance requirement

A

Must be 50 miles farther from taxpayer’s old residence

Than old residence was from former place of employment

51
Q

Moving expenses: time requirement

A

Must be employed for 39 weeks in 12 month period following
Move for employee

Self employed must work 78 weeks in following 2 year period

52
Q

Definition of moving expenses

A

Traveling to new residence

Moving household goods from former residence to new
Residence

53
Q

Non deductible indirect moving expenses, 3

A

1 house hunting trips, meals, lodging, transport

2 temporary living exp. new job location

3 qualified expenses related to sale, purchase or lease of
Residence

54
Q

An employee may deduct education expenses if either of the 2 requirements are met

A

1 expenditure made to improve skills for trade/business

2 expenditure incurred to meet requirements imposed by
Law or employer for retention of employment, rank or
Compensation rate

55
Q

Education expenses are not deductible if 2 things

A

1 Education required to meet minimal education requirements
For taxpayer’s employment

2 education qualifies taxpayer for new trade or business

56
Q

Office in home 3 requirements for deduction

A

1 principal place of business
2 used for clients, patients, customers
3 located in separate structure away from dwelling area

57
Q

Deductible expenses for home office

A

Any expenses solely for home office