Chapter 1: Intro to Taxation Flashcards

1
Q

Two components of taxes?

A

Tax rate and a tax base

Tax liability = tax rate X tax base

Tax base can be income, wages, value, or sales price.

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2
Q

Progressive tax rate?

A

The tax rate increases as the tax base increases. Increase with increase in taxable income

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3
Q

Proportional tax rate?

A

Tax rate is constant, regardless of the size of the base. (flat tax)

State retail sales tax is proportional

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4
Q

Regressive tax rate

A

The tax rate decreases as the tax base increases.

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5
Q

What are the three types of tax rates?

A

Progressive, proportional, and regressive.

Under all three tax rate structures, the amount if taxes due increases as the tax base increases. The structure of the tax rate on affects the rate of increase.

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6
Q

What are the four kinds of tax bases?

A
  1. Transactions (slaes or purchases of goods and services, and transfers of wealth, by death or gift)
  2. Property or wealth (including ownership of specific kinds of property)
  3. Privileges and rights (including the ability to do business as a corporation, the right to work in a certain profession, and the ability to move goods between countries)
  4. Income on a gross or net of expense basis.
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7
Q

What are the three kinds of transaction taxes?

A

Sales and certain excise taxes, employment taxes, and taxes on the transfer of wealth (gifts and inheritance)

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8
Q

What is the difference between a general sales tax and an excise tax?

A

These taxes differ by the breadth of their bases. An excise tax base is limited to a specific kind of good or service, while a general sales tax os brand based (it might be levied on all retail sale items). All levels of government impose excise taxes, while state and local governments make heavy use of general sales tax.

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9
Q

Federal excise tax?

A

The federal government relies upon income and employment taxes as its principal source of funds. They extend beyond sales transactions. They are also levied on privileges and rights. The bases used for federal excise taxes are extremely diverse.

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10
Q

State excise tax?

A

Many states levy excise taxes on the same items taxed by the federal government and can vary greatly from state to state. Many items are taxed.

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11
Q

Local excise tax?

A

Two recently popular local taxes are hotel occupancy tax and rental car “surcharge” Because these tax the visitor who cannot vote, they are political windfall and serve as a means of financing special projects that generate civic pride (convention centers/sports arenas)

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12
Q

General Sales tax?

A

The broad based sales tax is a major source of revenue for most state and local governments. Used in all states besides Alaska, Delaware, Montana, New Hampshire, and Oregon. While specific rules very from state to state, the sales tax typically employs a proportional tax rate and includes retail sales of tangible personal property in the base. Sales tax is collected by the retailed and paid to the government. Local general sales taxes, over and above those levied by the state are common, not uncommon to see taxpayers living in the same state who pay different general sales taxes.

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13
Q

Use taxes

A

This tax is a value based tax, usually imposed at the same rate as sales tax, on the use, consumption, or storage of tangible property. Every state that imposes a general sales tax levied on the consumer also applies a use tax.

The use tax exists to prevent people from only purchasing products from states that have lower or no sales tax.

Difficult to enforce for many purchases so the purchases often does not pay. so most states are taking steps to prevent loss by collecting use tax that relates to sales online.

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14
Q

Value added tax?

A

The value added tax is a variation of a sales tax; it is levied at each stage of production on the value added by the producer. VAT is in widespread use in many countries around the world and typically serves as a major source of revenue for the countries that use it.

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15
Q

Employment tax

A

Tax on the salaries and wages paid to employees, from both state and federal governments. On the federal side, employment taxes are a major source of funds. The FICA tax accounts for one third of revenues in the federal budget, second only to the income tax.

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16
Q

What are the two types of employment taxes imposed by the federal government?

A
  1. The federal insurance contributions act (FICA)

2. The federal unemployment tax act

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17
Q

Fica Taxes

A

Two Components: old age, survivors, and disability payments (social security) and medicare health insurance payments. There is no ceiling on the base amount for the medicare tax. The employer withholds the FICA tax from an employees wages. Payment are usually made through weekly or monthly electronic payments or depository. Employers must also file form 941. Employer’s quarterly federal tax return, by the end of the first month following each quarter of the calendar year and any pay any remaining amount of employment taxes due for the previous quarter. Failure to pay can result in large and sameness ruinous penalties.

an additional .9% medicare tax is imposed on earned income above 200,000 or 250000. unlike the social security tax of 6.2% and the regular medicare portion if 1.45 percent, an employer does not match the employees .9% additional medicare act.

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18
Q

Self-Employment tax?

A

Self-Employed individuals are required to pay both the employer and employee portion of the FICA tax. Self employed individuals deduct half of the SE tax - the amount normally deductible by an employer as a business expense.

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19
Q

Unemployment taxes

A

FUTA: provides funds to state unemployment benefit programs and applies at a rate of 6% on the first 7,000 of covered wages paid during the year to each employee. as with Fica, this represents a regressive rate structure. Federal government allows a credit for unemployment taxes paid.

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20
Q

estate tax

A

Tax imposed on the transferor at death

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21
Q

Inheritance tax

A

tax on the recipient of property from the death of an individual. The value of the property transferred is the base for determining the amount of the tax.

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22
Q

Federal estate tax

A

Determination of the estate tax begins with the gross estate, which includes property the dependent owned at the time of death, property interests, such as life insurance proceeds paid to the estate or a beneficiary other than the estate if the deceased-insured had any ownership rights in the policy.
Marital deduction for amounts passing to a serving spouse.

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23
Q

State taxes at death

A

States usually levy an inheritance tax, an estate tax, or both. The two forms of tax differ according to whether the liability is imposed on the heirs of the estate. Typically an inheritance divides the heirs into classes based on their relation to the dependent. the more closely related the heir, the lower the rates imposed and the greater the exemption allowed.

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24
Q

Gift tax

A

Gift tax: excise tax levied on the right to transfer property (during owner’s life, not death). Applies only to transferred amounts that are not supported by full and adequate consideration.

Intended to compliment the estate tax. Gift tax base is the sum of all taxable gifts made during one’s lifetime. Gifts are valued at fair market value of the property on the date of the gift. To compute the tax due in a year, the tax rate schedule is applied to the sum of all lifetime taxable gifts. the resulting tax is then reduced by gift taxes paid in prior years.

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25
Q

Annual Taxable gifts

A

Determined by reducing the fair market value of gifts given by an annual exclusion of $14,000 per donee. A married couple can elect gift splitting which enables them to transfer twice the annual exclusion per donee per year. Taxable gifts are reduced by deductions for gifts to charity and to one’s spouse. Goofed for educational and medical purposed may be exempt from the gift tax as well.

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26
Q

Property Taxes (ad valorem taxes)

A

Any measurable characteristic of the property being taxed can be used as a base. Most property taxes in the United states are taxes on wealth; they use value as a base.

Ad valorem taxes: value based property taxes.

Property taxes are generally administered by state and local governments, where they serve as significant source of revenue.

27
Q

Taxes on realty

A

Property taxes on realty are used exclusively by states and their local political subdivisions such as cities, counties, and school districts. They represent a major source of revenue for local governments, but their importance at the state level is limited.

How reality is defined den determine which assets are subject to tax. Such as personalty (all assets that are not realty which generally includes real estate and any capital improvements that are classified as fixtures)

Fixtures: so permanently attached; removal will cause damage to property.

28
Q

Characteristics of ad valorem taxes on realty?

A
  1. Property owned by the federal government is exempt from tax. Similar immunity usually is extended to property owned by state and local government and certain charitable organizations.
  2. Some states provide for lower valuations on property detailed to agricultural use or other special uses
  3. Some states partially exempt the homestead, or personal residence, portion if property from taxation.
  4. Lower taxes may apply to a residence owned by a taxpayer age 65, or older.
  5. Some jurisdictions extend immunity from tax for a specified period of time (a tax holiday) to new or relocated businesses.
29
Q

Intangible personality

A

stocks, binds, and various other securities.

30
Q

Federal customs duties

A

Custom duties or tariffs can be characterized as a tax right to move goods across national borders.

31
Q

Franchise taxes

A

The tax on the privilege of doing business in a state or local jurisdiction. (Typically the tax is opposed by states on corporations, but the tax base varies from state to state)

32
Q

Occupational Taxes

A

Applicable to various trades or businesses, such as liquor store license, a taxicab permit, or a fee to practice a profession such as law, medicine, or accounting.

33
Q

Severance taxes

A

Taxes that are based on extraction of natural resources (oil, gas, iron, ore, and coal.

34
Q

Income Taxes

A

Greater reliance on income tax in the United states, while most european countries rely on transaction taxes.

35
Q

Legislative grace

A

This is the doctrine that income tax is based on; “all income is subject to tax and no deductions are allowed unless specifically provided for in the law”

36
Q

What are the two deductions categories for individuals?

A
  1. Deductions FOR adjusted gross income (AGI)

2. Deductions FROM AGI

37
Q

Deductions For AGI

A

Usually related to business activities

38
Q

Deductions From AGI

A

Usually personal in nature (medical expenses, mortgage interest, property taxes on a personal residence, charitable contributions, personal casualty losses) or are related to investment activities.

Take the form of itemized deductions and personal and dependency exemptions.

Individuals may take a standard deduction (specified amount based on filing status) rather than itemize actual deductions

39
Q

Proprietorships (owned by an individual)

A

Not a separate taxable entity, instead the proprietor reports the the net profit of the business on his/her own individual tax return.

40
Q

C corporations

A

Corporations that are separate taxable entities. Governed by the subchapter c of the internal revenue code. Required to file a tax return and is subject to federal income tax. Shareholders then pay income tax on the dividends received, which can be subject to double taxation.

41
Q

Partnerships

A

Not a separate tax entity. Required to file a tax return on which is summarizes the financial results of the business.

42
Q

S corporations

A

Corporations that meet certain requirements and pay no tax at the corporate level. governed by the subchapter S of the code. More like a partnership in regards to tax; not subject to federal income tax and it does file a tax return but the shareholders report their share of net income or loss and other special items on their own tax returns.

43
Q

Tax avoidance

A

minimizes taxes legally

44
Q

Tax Evasion

A

Avoid taxes through illegal actions, uses fraud or subterfuge as a means to an end and subjects the tax payer to numerous civil and criminal penalties, including prison sentences.

45
Q

Formal restrictions and directives concerning the conduct of the tax professional?

A
  1. Penalties and interest may apply to the taxpayer when a tax liability is under stated. (penalties for filing a tax return after its due date, understating gross income amounts, and underpaying withholding or estimated taxes that are due.
  2. Sanctions are used for tax preparers who disregard the tax law. The treasury issues a regulation known as circular 230 to provide a guidance to tax return prepares. tax penalties also apply when the tax preparer fails to sign a tax return that he or she has worked on or take an improper filing position on a tax return.
46
Q

What is the primary goal of tax planning?

A

To design a transaction so as to minimize its tax costs, while meeting the other neonate objectives of the client. Generally, this means that the client attempts to maximize the present value of its after-tax income and assets

47
Q

Tax minimization strategies related to income

A
  1. Avoid recognition of income

2. Postpone recognition of income to achieve tax deferral

48
Q

Tax minimization strategies related to deductions

A
  1. maximize deductible accounts (dividends received deduction)
  2. Accelerate recognition if deductions to achieve tax deferral
49
Q

Tax minimization strategies related to tax rates

A
  1. Shift net income from high-bracket years to low bracket years
  2. shift net income form high bracket taxpayers to low-bracket taxpayers
  3. Shift net income from high tax jurisdictions to low tax jurisdictions (Choice of state or country)
  4. Control the character of income and deductions (congress treats certain categories of losses and income more favorably)
  5. Avoid double taxation (Operating as a flow through entity or by having the corporation make payments such as salaries, rent, and interest to shareholders)
50
Q

Tax minimization strategies related to credits

A
  1. Maximize tax credit
51
Q

Marginal Tax rate

A

The rate that is paid on an additional dollar of taxable income.

52
Q

Average tax rate

A

The ratio of taxes paid to the tax base

=tax/taxable income

53
Q

Effective tax rate

A
  1. ratio of taxes paid to financial net income before tax

or

  1. the sum of currently payable and deferred tax expense divided by the book net income before tax.
54
Q

Which approach to determining a taxpayer’s tax rate is the most appropriate for tax planning purposes?

A

The marginal rate

55
Q

What is the foundation of the tax system?

A

Raising of revenue to cover the cost of government operations.

56
Q

Economic considerations

A

Use tax legislation to promote measures designed to help control the economy or encourage certain economic activities and businesses.

57
Q

Encouragement of certain activities

A

The tax law encourages certain types of economic activity or segments of the economy

58
Q

Encouragement of certain industries

A

The tax law encourages certain industries with tax benefits or any other desirable tax characteristic

59
Q

Social considerations

A

some provisions of the federal tax law, particularly those dealing with the income tax of individuals can be explained by a desire to encourage social results (deduction for donating to charity)

Examples on PG 29

60
Q

Equity Considerations

A

Equity is most often tied to a particular taxpayer’s personal situation. Provisions that mitigate the effect of the application of the annual accounting period reflect equity considerations, and tax provisions that alleviate double taxation.

61
Q

Alleviating the effect of double taxation

A

The income earned by a taxpayer may be subject to taxes imposed by different taxing authorities. to compensate for this inequity, the federal tax law allows a taxpayer to claim a deduction for state and local income taxes.

62
Q

The Wherewithal to pay concept

A

Recognized the inequity of taxing a transaction when the taxpayer lacks the mean to pay the tax. Underlies a provision in the tax law dealing with the treatment of gain resulting form an involuntary conversion( occurs when property is destroyed by casualty or taken by a public authority through condemnation. If gain results form the conversion, it need not be recognized if the taxpayer replaces the property within a specified time period. The replacement property must be similar or related in service or is to that involuntarily converted.

63
Q

Special interest legislation

A

certain provisions of the tax law largely can be explained by the political influence some groups have had on congress. Not necessarily to be condemned if it can be justified on economic, social, or some other utilitarian grounds.

64
Q

influence of the internal revenue service and influence of the courts

A

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