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
Horizontal equity
Similarly situation taxpayers treated equally
26
Vertical equity
Taxpayers who are not similarly situated should be treated differently Basis of a progressive rate structure
27
Certainty in taxation
1) ensures a stable source of government operating revenues | 2) provides taxpayers with some certainty concerning amount of annual tax liability
28
IRS advanced rulings
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
29
Economical tax structure
Requires only minimal compliance and administrative costs
30
Tax gap
The difference between reported tax liability and true tax liability (tax avoidance and evasion)
31
Objectives of the federal income tax law
- raise government revenue - economic objectives (as fiscal policy tool) - encouragement of certain activities and industries - social objectives
32
Taxpaying entities
Individuals | C corporations
33
Flow through entities
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
AGI
Adjusted gross income ``` Total income (earned + investment + flow-through) Less exclusions = Gross income Less: deductions for AGI = AGI ```
35
Exclusions
Items the law exempts from taxation
36
Deductions FOR AGI
- expenses connected with a taxpayer's business or rental property - specified deductions (IRA contributions )
37
Deductions FROM AGI
Either itemized or the standard deduction
38
Maximum tax rates
Certain types of income may be subject to a maximum tax rat
39
Taxable income for C corps
No AGI. Total income Minus exclusions = Gross income Minus deductions= taxable income
40
C corp annual tax form
Form 1120
41
Qualified business income
Net income from business activities not including investment income Most Flow through entities may deduct 20% of QBI
42
Adjusted basis
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
Outside basis
Owner's adjusted basis
44
Inside basis
An entity's basis in it's assets
45
Partnership return of income
Form 1065 Information return Accompanied by Schedule K-1
46
Schedule K-1
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
Return of capital
Distributions to owners of partnership. Not taxable (changes adjusted basis)
48
S corporation
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
S corp vs partnership basis adjustment
Partners: Increase basis for all partnership liabilities S corp shareholders: increase basis for direct loans to Corp. Debt basis separate from stock basia
50
LLC
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
LLP
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
Trusts
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
Tax law sources
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
IRC
Internal revenue code Tax law passed by Congress Most authoritative source of tax law
55
Legislative process for new tax law
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
Organization of the IRS
On a type-of- taxpayer basis (allows for specialization)
57
Chief officer of the IRS
Commissioner of internal revenue Appointed by president Supported by chief counsel's office
58
Responsibilities of Chief counsel's office
Preparing government's case for litigation of tax disputes
59
Responsibility of the IRs national office
Process ruling requests | Prepare revenue procedures that assist taxpayers with compliance
60
IRS operating divisions
Wage and investment income Small business and self employed Large business and international Tax exempt and government entities
61
Correspondence audit
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
Discriminant function system
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
Office audit procedure
Audit procedure generally used for individual return audits. Does not generally involve a complete audit. Just confirmation of an item in question
64
Field audit
Generally used for corps and individuals in trade/ business Wider scope than office audit procedure
65
Statute of limitations
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
Interest on tax assessments or refunds
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
Penalties for
- 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
Hazards of litigation
The probability of winning or losing a case Used by appeals division to negotiate compromise settlement
69
Components of a tax practice
- compliance and procedure (compliance: preparation of returns. Also, assisting client with IRS negotiations) - research - planning and consulting - personal finance planning
70
Optimal tax planning
To maximize after-tax cash flows (not just to minimize tax)
71
Tax planning principles
- 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
Internet tax research services
RIA's Checkpoint CCH's Tax Research Network IRS.gov