Chapter 1: Introduction Flashcards

1
Q

Marginal tax rate

A

Rate applied to an incremental amount of taxable income that is added to the tax base.

Can be used to measure the tax effect of a given transaction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Average tax rate

A

Total tax liability / taxable income

Average tax rate for each $ of income

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Effective tax rate

A

Total tax liability / by total economic income (not just taxable)

A broad measure of a taxpayer’s ability to paybtaxes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Taxable income

A
Total income
Minus exclusions 
= Gross income
Minus deductions 
= Taxable income (AGI)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Calculation of tax due

A
Taxable income
x applicable tax rate
= Income tax before credits
Minus tax credits
= Total tax liability 
Minus prepayments
= Balance due or refund
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Total tax liability

A

Taxable income x rate

Less tax credits

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Gross income

A

Total income less exclusions (non taxable items)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Franchise tax

A

Another name for state corporate income tax. Generally based on weighted average formula of: net worth, income and sales (x modified federal taxable income)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Gift tax

A

Excise tax imposed on the donor for transfer of property considered to be a taxable gift.

Annual exclusion allowed per donee

Unlimited marital deductions between spouses

Cumulative over the taxpayer’s lifetime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Gift tax calculaton

A

FMV all gifts in current year
Minus: annual exclusions, marital deductions, charitable contribution deduction
= Taxable gifts for current year
Plus: taxable gifts for all prior years
= Cumulative taxable gifts (tax base)
Times: unified transfer tax rates
= Tentative tax on gift tax base
Minus: unified transfer taxes pd in prior years and unified credit
= Unified transfer tax (gift tax) due for current year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Donee liability for gift tax

A

Contingent liability in event of nonpayment by donor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Gift tax: charitable contributiona

A

Unlimited deduction allowed (essentially exempt from gift tax)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Federal estate tax

A

Part of the unified transfer tax system

Based on the total property transfers an individual makes during their lifetime and at death

Aka unified transfer tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Federal estate tax structure

A

Tax base is estate (less death expenses/ charitable contributions/ transfers to spouse) plus taxable gifts prior to death

Tax base x tax rate less tax credits and gift taxes already paid = estate tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Unified tax credit

A

As of 2021: $4,625,800

From $345,800 + .40 ($11,700,000 - $1,000,000)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Alternative valuation date for decedent’s property value

A

Six months after date of death

May be elected if the aggregate value of the gross estate decreases in that six months and election results in lower liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Ad valorem tax

A

Taxes according to value (property tax)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Value added tax

A

Essentially a sales tax levied at each state of production on the value added

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Sales tax

A

Varies by state

Not deductable on personal federal income tax, but may be deductable if incurred for trade or business

Also taxpayer may elect to deduct state and local sales tax INSTEAD of state and local income tax

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

OASDI

A

Old-age survivors and disability insurance

Part of FICA

6.2% on the first $142,800 of wages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

HI

A

Hospital insurance (medicare)

Part of FICA

1.45% on wages up to $200,000

Additional 0.9% on wages over $200,000 ($250,000 for married filing jointly)

No ceiling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Self employed OASDI and HI

A

OASDI 12.4% (income up to $142,800)

HI 2.9% income up to $200,000 and 3.8% anything over that

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Unemployment tax

A

Paid to federal and state

Federal rate 6% on first $7000 of wages, with 5.4% credit for taxes paid to state government

May be adjusted by employer circumstance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Adam Smith’s four canons of taxation

A

Equity
Certainty
Convenience
Economy

(Additional 5th: simplicity)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Horizontal equity

A

Similarly situation taxpayers treated equally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Vertical equity

A

Taxpayers who are not similarly situated should be treated differently

Basis of a progressive rate structure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Certainty in taxation

A

1) ensures a stable source of government operating revenues

2) provides taxpayers with some certainty concerning amount of annual tax liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

IRS advanced rulings

A

May be requested by a taxpayer for a proposed transaction. Taxpayers then may rely on ruling if transaction is completed in affordable with the proposal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Economical tax structure

A

Requires only minimal compliance and administrative costs

30
Q

Tax gap

A

The difference between reported tax liability and true tax liability (tax avoidance and evasion)

31
Q

Objectives of the federal income tax law

A
  • raise government revenue
  • economic objectives (as fiscal policy tool)
  • encouragement of certain activities and industries
  • social objectives
32
Q

Taxpaying entities

A

Individuals

C corporations

33
Q

Flow through entities

A

Generally do not pay income taxes but rather pass income on to taxpaying entities (still file tax returns - income allocated to owners proportionally)

Sole proprietorships
Partnerships
S corporations
LLCs and LLPs (limited liability partnerships)
Truste
34
Q

AGI

A

Adjusted gross income

Total income (earned + investment + flow-through)
Less exclusions
= Gross income
Less: deductions for AGI
= AGI
35
Q

Exclusions

A

Items the law exempts from taxation

36
Q

Deductions FOR AGI

A
  • expenses connected with a taxpayer’s business or rental property
  • specified deductions (IRA contributions
    )
37
Q

Deductions FROM AGI

A

Either itemized or the standard deduction

38
Q

Maximum tax rates

A

Certain types of income may be subject to a maximum tax rat

39
Q

Taxable income for C corps

A

No AGI.

Total income
Minus exclusions
= Gross income
Minus deductions= taxable income

40
Q

C corp annual tax form

A

Form 1120

41
Q

Qualified business income

A

Net income from business activities not including investment income

Most Flow through entities may deduct 20% of QBI

42
Q

Adjusted basis

A

An owner’s ownership interest basis from a flow through entity

Starts with interest in formation or purchase

Increased for additional contributions, Share of income

Decreased for share of losses, liabilities, and distributions

43
Q

Outside basis

A

Owner’s adjusted basis

44
Q

Inside basis

A

An entity’s basis in it’s assets

45
Q

Partnership return of income

A

Form 1065

Information return

Accompanied by Schedule K-1

46
Q

Schedule K-1

A

Reports the income, deductions, losses and credits that flow through a flow-through entity to it’s owners

Supporting document for individual income return

47
Q

Return of capital

A

Distributions to owners of partnership. Not taxable (changes adjusted basis)

48
Q

S corporation

A

Entities incorporated under state law that have elected to be treated as flow-through entities for tax purposes

Includes some limitations on structure and financial operations

Allocations of basis on a per-share per - day basis

Still limited liability

49
Q

S corp vs partnership basis adjustment

A

Partners: Increase basis for all partnership liabilities

S corp shareholders: increase basis for direct loans to Corp. Debt basis separate from stock basia

50
Q

LLC

A

Treated as a partnership for tax purposes but with the limited liability protection of a corp

Entity makes an election to be taxed as partnership or corp (if does not elect = partnership)

Uses partnership return if taxed as partnership. Corporation return (1120) if taxed as Corp

Can be an LLC for state law and an S Corp for tax

Single member LLC = sole proprietorship

51
Q

LLP

A

Limited liability partnership

LLC but partners not liable for liability arising from acts of negligence or misconduct of another partner of the LLP (gen partnership all partners liable for all liabilities)

52
Q

Trusts

A

May be a taxpaying entity or a flow through entity

Generally subject to taxation on net income not distributed to beneficiaries

Tend to have high progressive taxes

53
Q

Tax law sources

A

Legislative: internal revenue code & congressional committed reports

Executive (administrative): Income tax regulations, revenue rulings, revenue procedures, letter rulings

Judicial: court decisions

Weight of source importance varies

54
Q

IRC

A

Internal revenue code

Tax law passed by Congress
Most authoritative source of tax law

55
Q

Legislative process for new tax law

A

1) bill introduced in the House and referred to ways and means committee
2) ways and means committee considers bill (hearings)
3) ways and means committee votes. If approved bill forwarded to full house
4) House votes. If approved bill forwarded to Senate
5) Senate finance committee amends house bill into Senate bill
6) senate bill considered by full Senate
7) if Senate bill approved Senate and house bills go to joint conference committee
8) joint conference committee issues a bill based on a reconciliation of Senate and house bills. Reconciled bill sent to house and Senate for approval
9) president approves or vetos proposed legislation (2/3 majority of house AND Senate can overturn veto).
10) new law and amendments incorporated into tax code

56
Q

Organization of the IRS

A

On a type-of- taxpayer basis (allows for specialization)

57
Q

Chief officer of the IRS

A

Commissioner of internal revenue

Appointed by president
Supported by chief counsel’s office

58
Q

Responsibilities of Chief counsel’s office

A

Preparing government’s case for litigation of tax disputes

59
Q

Responsibility of the IRs national office

A

Process ruling requests

Prepare revenue procedures that assist taxpayers with compliance

60
Q

IRS operating divisions

A

Wage and investment income
Small business and self employed
Large business and international
Tax exempt and government entities

61
Q

Correspondence audit

A

If differences are noted between tax return and supporting docs, IRS sends taxpayer a bill for corrected tax and a statement of differences

Issues make be solved via correspondance

62
Q

Discriminant function system

A

DIF

Computer system used to select returns for audit

Generates a score for the return based on its likelihood of generating addition tax revenue

Scored returns are manually screened to determine which require further examination

63
Q

Office audit procedure

A

Audit procedure generally used for individual return audits. Does not generally involve a complete audit. Just confirmation of an item in question

64
Q

Field audit

A

Generally used for corps and individuals in trade/ business

Wider scope than office audit procedure

65
Q

Statute of limitations

A

Period where taxpayer or IRS may make corrections to a return

Generally three years from filing date or due date (whichever is later)

(Six years for omissions of over 25% of gross income. Indefinite in cases of fraud or a return not filed)

66
Q

Interest on tax assessments or refunds

A

Interest accrues on both assessments and refunds due.

No interest on refund if refunded by IRS within 45 days of due date of return (or if filed late within 45 days of filing)

67
Q

Penalties for

A
  • Failure to file (5% per month, max 25%)
  • failure to pay tax due (0.5% per month, max 25%)
  • penalty for inaccuracies resulting in underpayments (20% specific circumstances)
  • fraud (75%)
  • underpayment of estimated taxes (based on interesting rate)
  • on tax return prepares for positions on tax returns where there is a “realistic possibility” that the position would not be upheld by a court (no penalty if position is disclosed in the return)
68
Q

Hazards of litigation

A

The probability of winning or losing a case

Used by appeals division to negotiate compromise settlement

69
Q

Components of a tax practice

A
  • compliance and procedure (compliance: preparation of returns. Also, assisting client with IRS negotiations)
  • research
  • planning and consulting
  • personal finance planning
70
Q

Optimal tax planning

A

To maximize after-tax cash flows (not just to minimize tax)

71
Q

Tax planning principles

A
  • keep sufficient records
  • forecast effect of future events
  • support plans with sound business purpose
  • bad plan on legal authorities
  • do not carry a plan too far
  • plan should be flexible
  • integrate the plan with other decision making factors
  • research plan for precedents
  • consider maximum risk exposure
  • consider effect of timing
  • customize plan to client
72
Q

Internet tax research services

A

RIA’s Checkpoint
CCH’s Tax Research Network
IRS.gov