Chapter 2: Determination Of Tax Flashcards

1
Q

Tax formula for individuals

A

Income (all sources)
- exclusions (nontaxable income, generally not on 1040)
= Gross income (line 9)
- adjustments FOR AGI (line 10a-c)
= Adjusted gross income (AGI line 11)
- greater of itemized (schedule A) or standardized deductions (line 12)
- charitable contributions deduction (non itemizer) (10b)
- qualified business income deduction (13)
= Taxable income (15)
x tax rates or rate (from tax table or schedule)
= Gross tax
- tax credits
= Net tax liability
- prepayments
= Balance due or retund

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2
Q

Income

A

Taxable and nontaxable income

NOT including “a return of capital” (so for sale of property only gain, not entire proceeds =income)

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3
Q

Exclusion

A

Any time income tax law says is not taxable

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4
Q

Gross income

A

Income reduced by exclusions: income from taxable sources reported on the return

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5
Q

Major income exclusions

A
  • gifts and inheritances
  • life insurance proceeds
  • welfare and certain other transfer payments
  • certain scholarships and fellowship
  • personal physical injury settlements
  • worker’s comp
  • medical expense reimbursements
  • certain employee fringe benefits (health plan premiums, group term life insurance premiums, meals and lodgings, employee discounts, dependant care)
  • certain foreign -earned income
  • interest on state and local gov bonds
  • certain interest on series EE bonds
  • certain improvements by lessee to lessor’s property
  • alimony and maintenance payments (agreements after 2018)
  • child support
  • property settlements from divorce
  • gain on sale of a personal residence
  • qualified distributions from Roth IRA
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6
Q

Unexpected items included in gross income

A

Income from life insurance and endowment contracts

Income from discharge of indebtedness

Income in respect of a decedent

Income from interest in an estate or trust

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7
Q

Deductions for adjusted gross income

A

Above the line deductions

Generally expenses connected with trade or business
- contributions to certain retirement plans
- reimbursed employee expenses
- losses from sale or exchange of property
- penalties forfeited due to premature withdrawal of funds from time savings accounts
-jury duty pay remitted to employer
- interest on student loans
- contributions to an HSA

Also
- half of self employment taxes paid
- health insurance costs incurred if self employed

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8
Q

Deductions from AGI

A

Personal expenses allowable by law

1) larger of itemized or standard deduction
2) 2021 only- deduction of cash charitable contributions for non-itimizers up to $300
3) Qualified business income deduction

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9
Q

AGI

A

Adjusted gross income

Used in many tax computations

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10
Q

Personal and dependency exemptions

A

Suspended for 2018-2025

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11
Q

Qualified business income deduction

A

20% or qualified business income deducted from AGI by taxpayers other than c corps

Can be claimed with itemized or standard deduction

Qualified business income excludes income from accounting, consulting financial services and other activities

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12
Q

Taxable income

A

AGI reduced by deductions from AGI

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13
Q

Current tax rates (2021)

A

Seven tax brackets

10%
12
22
24
32
35
36

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14
Q

Income taxed at special rates

A

Qualified dividends
Long term capital gains
(Both reduced rates)

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15
Q

Tax credits

A

Amounts the taxpayer subtracts from gross tax to arrive at tax liability

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16
Q

Refundable tax credits

A

Can reduce the taxpayer’s liability to zero with any balance beyond that refundable

Earned income credit
Child tax credit and credits for other dependants (in some cases)
American opportunity credit (partially)

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17
Q

Nonrefundable tax credits

A

Can reduce tax liability to 0 but any additional balance not refunded

Balance may sometimes be carried back or applied to later tax yeara

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18
Q

Example nonrefundable tax credits

A

Adoption expense credit
Credit for the elderly and disabled
Foreign tax credit
Child and dependant care credit
Business energy credit
General business credit
Child tax credit and credits for other dependants (some cases)
American opportunity credit (partial)
Lifetime learning credit

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19
Q

Prepayments of tax

A

Amounts taxpayer pats to government prior to filing tax return

Includes:
- withholding from wages
- estimated tax payments
- overpayment of prior years tax that taxpayer applies to current year tax
- payments made with extension request

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20
Q

Itemized deductions (incomplete list)

A

Medical expenses
State and local income and property tax
Home mortgage interest
Charitable contributions
Residential interest and investment interest (limited)
Casualty and theft losses from federally declared disaster

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21
Q

Medical expense itemized deduction

A

Only portion EXCEEDING 7.5% of AGI

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22
Q

State and local tax max deduction

A

Generally up to $10,000 (married filing joint)

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23
Q

Home mortgage interest deduction restrictions

A

Interest on up to $75,000 of loans

($1M for debt incurred before 12/16/2017)

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24
Q

Charitable contributions maximum deduction

A

Generally 60% of AGI but 100% for 2020 and 2021

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25
Standard deduction
Varies by filing status. Adjusted yearly 2021: Married filing jointly or surviving spouse - $25,100 Head of household - $18,800 Single or married filing separately - $12,550
26
Standard deduction for elderly and blind
Standard deduction increases if elderly and/or blind by $1350 (in 2021 for each elderly/ blind person Elderly & blind $2700 Max married blind elderly couple $5400 If HOH or single taxpayer elderly/blind $1700 decrease for each
27
IRS definition of elderly
Taxpayer attains age of 65 before end of tax year Considered 65 on the day BEFORE their 65th birthday For deceased taxpayer if reached 65 before death
28
IRS definition of blind
Determined on last day of tax year or date of death Corrected vision in the better eye of no better than 20/200 or a field of bo greater than 20 degrees
29
Who is likely to itemized
High income taxpayers Taxpayers who own homes (mortgage interest and property taxes)
30
Non itemizer charitable contribution deduction
For 2021 up to $300
31
Taxpayers who cannot use the standard deduction
- individual filing a return for a period of less than 12 months due to change in accounting period - married taxpayer filing separately whose spouse itemizes - nonresident aliens
32
Dependent standard deduction
For 2021 Standard deduction limited to the greater of: - dependents earned income plus $350 Or - $1100 (Keeps parents from shifting unearned income to children to avoid taxes)
33
Requirements for all dependents (child or relative)
- citizenship test (us citizen or national or residents of US, Canada or Mexico for some part of the year) - joint return (married dependant cannot file a joint return unless filing solely for a refund) - person claiming dependent cannot themselves be a dependent of someone else
34
Requirements for qualifying children dependents
Relationship test Age test Abode test Support teat
35
Relationship test for qualifying child
Eligible children include: Taxpayers children (natural, adopted, foster, step) Taxpayer's siblings (including half sibs and step sibs) Descendents of any of the above Adopted children: if legally adopted or legally placed in a home for adoption
36
Age test for qualifying child
Under 19 Or under 24 if a full time student (full time attendance at least 5/12 months) Or permanently and totally disables
37
Abode test for qualifying child
Qualifying child must have same principal abode as taxpayer for more than half the year Non-custodial parent can meet this requirement if custodial parent agrees in writing
38
Support test for qualifying child
Qualifying child may not provide more than 1/2 their own support during the year (rest need not have been supplied by filing taxpayer)
39
Requirements for qualifying relative dependents
Relationship test Gross income test Support test Not a qualifying child (If meets qualifying child tests that status is predominant)
40
Relationship test for qualifying relatives
Must either be related to the taxpayer (including specified in-laws) OR reside in the taxpayer's household for the entire year On a joint return qualifying relative only has to be related to one spouse. Once established, a relationship is not terminated by death or divorce
41
Gross Income test for qualifying relatives
(2021) qualifying relatives gross income must be less than $4,300 Nontaxable income not considered
42
Support test for qualifying relatives
Taxpayer normally provides more than 1/2 of a qualifying relative's financial support in a year Includes welfare and social security benefits excluded by gross income Savings not counted in support test Support does not include value of services supplied by taxpayers to dependent Generally measured at cost of items (goods and services) purchased Lodging = fair market value or fair rental value
43
Lump sum support by a taxpayer for two or more individuals
Allocated among individuals on a pro rata basis unless proof exists to the contrary
44
Tie breaker rules for dependency
When more than one person can claim someone as a dependent - if dependant is someone's qualifying child that takes priority over someone who can claim them as qualifying relative - parents have priority over other individuals (generally goes to parent with whom child spends longer portion of the year) - if neither of the above then taxpayer with highest AGI claims the dependent
45
Multiple support declaration
Form 2120 Overrides normal dependant rules Enables a taxpayer to claim a dependent for whom they do not provide over half of the support used when a group collectively provides over 1/2 support but no single person over 1/2 alone. Provides written documentation that all other supporting relatives waive their right to claim the person as a dependant so designated person can claim them Group members eligible if paid over 10% of qualifying relatives support (and meets all other criteria) People who would not qualify to claim do not need to waive right Cannot be moved to pass qualification as a dependant FROM a person for whom dependent is a qualifying child TO a person for whom the dependent is a qualifying relative
46
Release/revocation of release of claim to exemption for child by custodial parent
Form 8332 Can enable a non-custodial parent to claim their child as a dependent Signed form attached to non-custodial spouse's return May be part of separation agreement May be filed every year or just once if relinquishes right for all future years
47
Child tax credit and credit for other dependents
$2,000 for each qualifying child under 17 $500 for each qualifying dependent Reduced by $50 for each $1,000 (or fraction thereof) by which taxpayers AGI exceeds $200,000 (400,000 if married filing jointly) Partially refundable credit: (2021 numbers) refund limited to lesser of: - 15% of earned income in excess of 2,500 Or - $1,400 per qualifying child under 17 (1 or 2 children. For 3+ children limit increased to excess of taxpayers social security tax paid over the earned income credit for the year) CHECK FOR CHANGES!
48
Exception to requirement to use the tax table
Taxable income greater than or equal to maximum amount in the tax table (currently 100,000) Filing a short period return because of a change in accounting period
49
Filing status options
Married filing jointly Surviving spouse Head of household Single Married filing separately
50
Community property law
Allocates community income equally between spouses regardless of which spouse earned the income
51
Married filing jointly status
- couple must be legally married by the last day of the tax year (includes common law marriages but not annulled marriages) - marriage recognized by any us state, possession or territory - spouses who file joint returns must have same tax year-end (except in cases of death) - both spouses must be US citizens or residents (exception if non-resident alien spouse agrees to report all of their income on the return)
52
Married filing jointly vs single tax brackets
Width of the married filing jointly tax bracket is twice as wide as the single tax bracket (at least for 10% and 12%)
53
Surviving spouse filing status
A joint return filed by the surviving spouse the year their spouse dies + two years after the year of death if they qualify - not remarried as of the year end in which surviving spouse status is claimed - US citizen or resident - qualified to file a joint return in year of death - has one dependent child living at home for the entire year for whom the taxpayer paid over half expenses
54
Filing as surviving spouse
Year of death: file joint return with the income spouse earned before death Two years following death: surviving spouse status conditions are met, only surviving spouses income reported but can use joint rate schedule and deduction amount
55
Head of household filing status
Tax rates increase more rapidly than married filing joint but more slowly than single Conditions: - unmarried the last day of the tax year (exceptions for marriages to nonresident aliens and abandoned spouses) spousal death doesn't count - not be a surviving spouse - be a US citizen or resident - pay over half the costs of maintaining their home in which a dependent lives for more than half of the tax year
56
Exceptions to head of household maintenance cost requirement
- if a taxpayer maintains a household in which a qualifying child lives more than half the year but the child is not their dependent - or taxpayer maintains a separate household for a dependent parent In either case taxpayer can file as head of household
57
Costs excluded from "costs of maintaining a household"
Clothing Education Medical treatment Vacations Life insurance Transportation Value of services provided by taxpayer
58
Costs excluded from "costs of maintaining a household"
Clothing Education Medical treatment Vacations Life insurance Transportation Value of services provided by taxpayer
59
Married filing separately status
If can file jointly but choose not to Schedule rates increase more rapidly than other individual rate schedules
60
Abandoned spouse
A married individual can claim head of household status if: - taxpayer lived apart from their spouse for the last six months of the year - taxpayer pays over half the cost of maintaining the household in which a dependent child lives for over half the year (even if they have an agreement for the noncustodial parent to claim the child as a dependent) - is a US citizen or resident
61
Children with unearned income Kiddie tax qualifications
- under 18 Or - 18 and earned income is less than or equal to 1/2 of their total support Or - 19-24 and a full time student AND child's earned income is less than or equal to one half of their total support - unearned income over $2,200
62
Standard deduction for dependents
The greater of: Earned income + $350 Or $1,100 Up to a max of the single standard deduction
63
Computing child's net unearned income
Unearned income Less statutory deduction ($1,100) Less greater of standard or itemized deductions directly connected with production of unearned income = Net unearned income (not less than 0)
64
Computation of child's tax
Net unearned income x marginal tax rate of child's parents (may be multiple rates if child's unearned income would change their tax rate.) Plus: taxable income (calculated as normal for dependent including the unearned income) exceeding net unearned income x child's tax rate = Child's income tax
65
Kiddie tax for parents of multiple children with unearned income
Net unearned income times marginal tax rate of parents is down for the children's aggregate income and then allocated proportionally to children
66
Dividend and long term capital gains income and kiddie tax
Lower tax rates apply
67
Parents of a child subject to kiddie tax may elect to include child's income on their own return if
Child's gross income comes solely from interest and dividends Income does not exceed given amount for year ($11,000 in 2021) No withholding or estimated payment made using child's SSN Form 8814
68
Additional Medicare tax
0.9% on earned income over $200,000 ($250,000 for married couples)
69
Net investment income tax
3.8% tax on the lesser of investment income or AGI in excess of $200,000 ($250,000 married filing jointly)
70
Sole proprietorship taxes
Income/loss reported on 1040 schedule C and taxed with individual income
71
C corporation taxes
Aka regular corporations Corporation taxed on Corp. taxable income (can deduct business expenses, charitable contributions, but not distributions, no qualified business income deduction) Shareholders taxed ONLY on dividends paid out (lower tax rates apply) Flat tax (21% 2018 forward) No itemized or standard deduction
72
Tax formula for c corps
Income from whatever source derived Minus: exclusions = Gross income Minus: deductions = Taxable income Times: tax rate = Gross tax (income tax before credits) Minus: tax credits = Net tax liability Minus: prepayments = Balance due or refund
73
S corporation taxes
Flow through entities: corporation's income not taxed but shareholders are required to report respective share of S corp income on their individual return even if that income is not distributed S corp return Form 1120-S filed as an informational return. Computes ordinary income and special items (special items reported separately so they pass to shareholders with status intact)
74
S Corporation conditions
All shareholders must consent to S corp election No foreign shareholder Report ordinary income and special items separately and shareholders report respective share in each
75
S corp losses
Generally can be deducted by shareholders up to their respective bases in the corporation's stock (+ some other rules)
76
Partnership taxes
Flow through entities (partners report respective share of income even if income not distributed) File informational returns, form 1065 Ordinary income and special items reported separately and passed in proportion to partners
77
Losses from a partnership
Pass through to partners and can generally be deducted on the partner's return subject to certain limitations
78
Qualified business income deduction
The deduction allows eligible taxpayers to deduct up to 20 percent of their qualified business income (QBI), plus 20 percent of qualified real estate investment trust (REIT) dividends and qualified publicly traded partnership (PTP) income. Income earned through a C corporation or by providing services as an employee is not eligible for the deduction. (Some limitations)
79
Considerations for chosing a business structure
- self employment and social security taxes (sole proprietorships & partnerships generally pay self employment tax) Distributions expected (c corp: higher distributions = greater double taxation)
80
Capital gain or loss
Gain or loss from sale or exchange of capital asset
81
Capital asset
Assets held for a certain time NOT INCLUDING items specified by section 1221 (inventory, trade receivables, certain properties created by taxpayer, business property) Ex: investment property, personal-use property
82
Tax treatment of capital gains and losses
Distinguishes gains and losses from capital appreciation from ordinary business operations Divided into long term (property held over one year) and short term Long term gains have special rates , short term gain taxes with other income Capital losses can be deducted against capital gains plus up to $3,000 of other income
83
Capital loss carryover
Capital loss in excess of $3,000 can be carried over and offset against future capital gains (or deducted from other income, subject to $3,000 limitation)
84
2021 long term capital gains tax
Taxable income not over $40,400; capital gains tax free (0%) Taxable income > $40,400, not over $445,850: 15% Taxable income over $445,850: 20% For single filers (thresholds different for MFJ and HOH)
85
Shifting Income
Ordinarily ownership of the property must be transferred in order to shift income (cannot just assign income to be paid to another, original earner will still owe tax) (Shifting of income to young children often subject to kiddie tax)
86
Splitting income
Creating additional taxable entities (often corporations) to reduce an individual's effective tax rate
87
Bunching
Practice of deferring or accelerating certain payments eligible to be itemized deductions in order to create a sufficient amount to itemize in a given year (only works for certain things like charitable contributions or medical expenses
88
Consideration for filing joint or separate returns as spouses
If one spouse earned more than half their combined income filing separately will increase the total income tax Filing separately may allow for increased deductions (lower AGI threshold for medical expenses)
89
Joint income tax liability
Couples who file joint returns are jointly liable for taxes owed (concern if separate) Each spouse is liable for the entire tax and any penalties imposed
90
Innocent spouse provision
Innocent spouse relieved of joint tax liability if: - amount is attributable to erroneous items of other spouse - innocent spouse did not know & had no reason to know there was an understatement of tax (or didn't know extent of understatement: relief limited to unknown amounts) - it would be inequitable to hold innocent spouse liable - innocent spouse elects relief within two years of irs beginning collections
91
Separate liability election
Couples who file joint returns and are subsequently divorced, widowed, or separated may make a separate liability selection within two years of irs beginning collections. May be made by both spouses. Electing spouse liable only for portion of understatement attributable to them. Invalid if spouse responsible for errors transfers assets to innocent spouse to avoid payment
92
Electing to change to a joint return
Spouses who file separate returns for a given year may elect to change to a joint return by filing an amended joint return Can be done after due date. Must be within three years of due date with extensions (Cannot change from joint to separate after due date)
93
Who must file
Individuals whose gross income exceeds their standard deduction (including additional deduction for age)
94
Taxpayers who must file even if gross income is less than standard deduction
- dependents with unearned income over $1,100 or total gross income over the standard deduction - who owe the 0.9% additional Medicare tax or 3.8% net investment income tax - who have net self-employment income of $400 or kore
95
Tax deadline for individuals and c corps
15th day of the 4th month following close of tax year Corps must file even if no gross income
96
Tax deadline for partnerships and s corps
15th day of the 3rd month following the close of the tax year Must file even if no gross income
97
Tax deadline for partnerships and s corps
15th day of the 3rd month following the close of the tax year Must file even if no gross income
98
Tax deadlines on weekends or holidays
Automatically extended to next non-weekend/holiday
99
Filing for an automatic extension
Six month extension Individuals : form 4868 Partnerships and s corps; form 7004 C corps: also 7004 but extension is six or seven months depending on year-end
100
Extension
Is an extension to FILE, not an extension to pay taxes owed. Must remit extension with an estimated amount of anything not prepaid. Interest and penalty may apply for payments after deadline
101
Form 1040 schedule 1
Income not reported on form 1040 + deductions for AGI
102
Form 1040 schedule 2
Alternative minimum tax and excess of advance premium tax credit repayment Also other taxes and penalties (early withdrawal penalties, self employment tax)
103
Form 1040 schedule 3
Nonrefundable tax credits (child care credit, Education credit), + tax paid when requesting filing extension
104
Form 1040-SR
May be filed by individuals over 65. Reflects the larger standard deductions
105
EIN
Employer identification number Used to identify corporations, other taxpayers, and tax-exempt entities
106
Reporting forms matched to taxpayers report by cross-referencing tax ID
1099-R (pensions and annuities) W-2 (wages and salaries) 1099-DIV (dividends) 1099-INT (interest) 1099-B (sale of a security) 1099-G (unemployment compensation, tax refunds) 1099-MISC (miscellaneous income) Some have reporting thresholds