Concepts Flashcards

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1
Q

Define Hedging Strategies - Straddles, Collar,

Protective Put

A

Straddle: Buying a put and buying a call - the buyer does NOT own the stock

Collar: Selling a call (out-of-the-money) at one strike price and buying a put at a lower strike price; investor OWNS the stock

Protective Put: Buying a stock (or already owning it) and a put for the stock serving as insurance against the decline in the underlying stock. (Hint: A good answer for the exam.)

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2
Q

Duration

(Principles to Remember)

A

First thing to do is to think if there were two bonds with similar varibales and then the variable below is different. How would the duration react.

Years to Maturity (Remember duration and maturity are positively related)

Annual Coupon (Remember duration is inversely related to coupon rate)

YTM, the current yield on comparative bonds (duration is inversely related)

How to Remember: Coupon and yield are interest rates - inversely related.

Ex: A bond’s coupon rate is a key factor in calculation duration. If we have two bonds that are identical with the exception on their coupon rates, the bond with the higher coupon rate will pay back its original costs faster than the bond with a lower yield. The higher the coupon rate, the lower the duration, and the lower the interest rate risk so it has an inverse relationship.

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3
Q

Zero Coupon Bonds

A
  • Duration equal to Maturity
  • No coupon interest, yet produces “phantom” income
  • No reinvestment rate risk
  • Sold at deep discounts to par
  • Fluctuate more than coupon bond with the same maturities
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4
Q

Rules for using Duration to Manage Bond Portfolios

A
  • If interest rates are expected to rise, shorten duration. (interest rates up, shorten duration. Remember: UPS - UP for up, and S for shorten.)
  • If interest rates are expected to fall, lengthen duration. Buy low coupon bonds with long maturities. Interest rates fall → lengthen duration. Remember: FALLEN - FAL for fall and LEN for Lengthen.
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5
Q

Conclusions to Fluctuations in Bond Prices

A
  • The smaller the coupon, the greater the relative price fluctuation
  • The longer the term to maturity, the greater the price fluctuation
  • The lower the market interest rate, the greater the relative price fluctuation
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6
Q

Define Convexity

A
  • The degree which duration changes as the yield-to-maturity (YTM) changes.
  • Largest for low coupon bonds, long-maturity bonds and low-YTM bonds
  • allows to improve the duration approximation for bond price changes.
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7
Q

What are the three Monetary Policy Tools by the Fed?

A
  • Open Market Operations
  • Discount Rate Changes
  • Reserve Requirement Changes
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8
Q

What are Expansionary Monetary Policy Tools?

A

Open Market Operations - Purchase Government Securities

  • Fed creates dollars to buy securities on the open market
  • Dollares transferred from the Fed to the Public and Banks

Discount Rate - Lower Discount Rate

  • Encourages banks to borrow from the Fed to lend to their customers

Reserve Requirements - Lower Reserve Requirements

  • Allows banks to expand lending
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9
Q

What are Contractionary Monetary Policies?

A

Open Market Operations - Sell Government Securities

  • Fed sells securities on the open market
  • Dollars transferred from the Public and Banks to the Fed

Discount Rate - Raise Discount Rate

  • Discourages banks to borrow from the Fed to lend to their customers

Reserve Requirements - Raise Reserve Requirements

  • Discourages banks from expand lending
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10
Q

Covariance and Correlation Coefficient

A

They communicate the same informaiton. They both measure the strength of the relationship between the returns of two securities.

The only reason Covariance may be needed is as an input into the formula for Standard Deviation of a portfolio.

You may be given the correlation coefficient and the standard deviation of two assets and then be asked to compute the covariance using the following formula COVij = ρijσiσj and you would divide each side by σiσj to get COVij / σiσj = ρij or Rij

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11
Q

Similarities of Covariance and Correlation Coefficient?

A

Both measures only linear relationship between two variables, i.e. when the correlation coefficient is zero, covariance is also zero. Further, the two measures are unaffected by the change in location.

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12
Q

Differences of Covariance and Correlation Coefficient?

A
  1. A measure used to indicate the extent to which two random variables change in tandem is known as covariance. A measure used to represent how strongly two random variables are related known as correlation.
  2. Covariance is nothing but a measure of correlation. On the contrary, correlation refers to the scaled form of covariance.
  3. The value of correlation takes place between -1 and +1. Conversely, the value of covariance lies between -∞ and +∞.
  4. Covariance is affected by the change in scale, i.e. if all the value of one variable is multiplied by a constant and all the value of another variable are multiplied, by a similar or different constant, then the covariance is changed. As against this, correlation is not influenced by the change in scale.
  5. Correlation is dimensionless, i.e. it is a unit-free measure of the relationship between variables. Unlike covariance, where the value is obtained by the product of the units of the two variables.
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13
Q

Shortcut to calculate Mean of portfolio?

A

First Enter Standard Deviation (SD or σ) asset and hit “INPUT”

Then enter Weighting of SD and hit “Σ+”

Then enter SD of next asset and hit “INPUT”

Then enter Weighting of SD and hit “Σ+”

Then keep going until all securities are entered

Then hit “shift” “6” key for answer

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14
Q

Testing Hierarchy of BATS

A
  • Beta - Make sure Beta is reliability (if R-squared is given, need 0.70 or higher)
  • Alpha - If Beta is reliable, then use alpha as first choice (since it is an absolute value)
  • Treynor - If Alpha is not available, then use Treynor
  • Sharpe - If these are not available or if beta is not reliable (R2 below 70) use Sharpe.
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15
Q

What are the 5 categories of Fundamental Analsyis Ratio Analysis?

A
  1. liquidity (current ratio which is current assets/current liabilities)
    1. quick ratio is current assets minus inventory/current liabilities
  2. activity (inventory turnover)
  3. profitability (EBITDA, ROE, return on capital)
    1. focus on these
  4. leverage (debt to equity)
  5. financial statement
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16
Q

Interest rates and duration are related?

A

Invesely related

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17
Q

Bond Yield See-Saw and YMCA

A

Think of the Y M C A and drop the A.

C Y = Current Yield

YTM = Yield to Maturity

YTC = Yield to Call

Next - Think of a see-saw. Put Y M C on right side of Fulcrum

If we have a bond selling at a discount then we pull the see-saw down and the it goes Y< M

If we have a bond selling at a premium, then we push the see-saw up and the goes Y > M > C, but each one is lower than the next

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19
Q

Duration and Interest Rates & Coupons are ……… related?

A

Inversely related like with price.

Why?

Think of starting duration at it’s fulcrum and then raising and lowering interst rates. What does that do to duration?

What happens to the fulcrum point with higher coupons? The fulcrum point will then shift to the left (meaning lower duration).

What happens to the fulcrum point with lower coupons? The fulcrum point will then shift to the right (meaning higher duration).

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20
Q

What is Convexity and how does it work with Bonds?

A
  1. For expected changes in rates of less than 1%, duration alone does a good job of explaining the expected change in bond price.
  2. For changes in rates exceeding 1%, convexity must be considered.
  3. The following graphic shows how convexity affects bond prices.
  4. When rates fall, convexity causes the price increase to be greater than duration alone would indicate.
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21
Q

Duration and Maturity are ……… related?

A

Directly related.

Why?

Think of starting duration at it’s fulcrum and then shortening maturities and lengthening maturities. What does that do to duration?

The shorter the maturity, the lower the duration.

The longer the maturity, the higher the duration.

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23
Q

Bond Questions: Read this and be aware of question nuances.

A

Be prepared for bond questions to be presented in different ways. For example, the question may say that an investor purchased a 20-year bond five years ago. In this case, the number of years until maturity would be 15 (30 compounding periods with semi-annual compounding). Or a bond may be presented as having a call premium of 5%. So, you would take the $1,000 face amount; increase it by 5% to arrive at a call price of $1,050. Don’t let these nuances throw you.

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24
Q

What do we want our currency to do against other currencies to make money?

A

With currencies in order to make money you want your currency to weaken (devaluation) and the other currency to strengthen (revaluation).

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25
Q

When is a Put In The Money?

A

An investor who purchases a put option makes a profit only if the market price of the stock is lower than the exercise (strike) price of the option.

Until the market price drops below the strike price, the option is said to be out-of-the-money.

It is in-the-money when the market price drops below the strike price.

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26
Q

Boot / Gain Recognized / Basis

A
  1. No boot received - recognized gain is zero
  2. When boot is received, just answer the recognized gain is the boot received
  3. Boot paid is added to the adjusted basis
  4. Basis carries over from the prior property
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28
Q

Netting Capital Gains and Losses

A

Step 1:

  • ST capital gains and ST losses are netted
  • LT capital gains and LT losses are netted

Step 2:

  • If a gain and loss remain, they are again netted

Step 3:

  • If a loss remains after netting capital gains and losses, only $3000 of the net losses can be used to offset ordinary income
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29
Q

Section 179

Qualifying vs. Non-Qualifying Property

A

Qualifying:

  • Tangible personal property
  • 1245 Property

Non-Qualifying:

  • Real Estate
  • 1250 Property
  • Intangible (owning a franchise)
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30
Q

Historic Rehabilitation Programs

A
  • Historic Rehabilitation programs that are held as passive activity may generate a deduction - equivalent tax credit of up to $25,000. The benefit of this deduction - equivalent tax credit phases out between $200k- 250k of AGI.
  • How does the deduction - equivalent tax credit work? Calculate tax to determine the maximum marginal tax bracket. If it is 25%, for example, then you multiply $25,000 by 25% to get $6,250.
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31
Q

Low Income Housing Credit

A
  • Low-income housing programs that are held as passive activity may generate a deduction - equivalent tax credit up to $25,000. There is NO phase out.
  • The low income housing credit is allowed annually over a 10 year “credit period.” The depreciation is straight-line over 27.5 years.

How does the credit work?

For example, multiply 35% by $25,000 to get a credit of $8750.

NOTE: Because there is no phaseout, it produces a higher credit.

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32
Q

Types of Phantom Income

A
  • Insurance - Lapse of policy loan, Section 162 life/disability
  • Investments - Zero/Strip Income, TIPS, declared but not paid dividends.
  • Tax - K-1 Income from LP/FLP, recapture
  • Retirement - NUA, 20% withholding plan distributions, secular trust
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33
Q

Charitable Giving

A
  1. Calculate the maximum deductible - 50% of AGI **Not rure here, but says you must use basis for this** pg 89 Live ITB but Q10 ITP Test.
  2. Calculate the eligible amounts given to 50% organizations (public charities) such as all churches, schools, hospitals and organizations such as United Way, Red Cross, Humane Society, etc.
    1. 50% for ordinary income property
    2. 30% for LTCG property
  3. Calculate the eligible amounts given to 30% AGI organizations (private charities) such as private non-operating foundations, war veteran groups, and fraternal orders.
    1. 30% for ordinary income propety
    2. 20% for LTCG property
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34
Q

Charitable Giving

(Types of property - 50% charities)

A
  • Long-term appreciated property - using FMV deduct up to 30% of AGI
  • Use-unrelated property, ST capital gain property - using basis deduct up to 50% of AGI
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35
Q

Schedule A

Itemized Deductions FROM AGI

A
  • Medical, dental and LTC (10% AGI)
  • Casualty and theft losses
  • Real estate taxes
  • Investment interest expense
  • Home mortgage interest
  • Personal Property tax
  • State and local income taxes (or sales taxes)
  • Charitable gifts or contributions
  • Miscellaneous Deductions
  • Tier II miscellaneous itemized deductions (exceeding 2% of AGI)
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36
Q

Schedule A

(subject to 2% of AGI - major ones)

A
  • Fees to investment counselors
  • Tax advice and preparation fees
  • Professional and business association dues
  • Unreimbursed employee business expense
  • Employee home office expense
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37
Q

Kiddie Tax

A

All net UNEARNED income of a child who has NOT attained the age 18 or turns 19-23 if a full-time student and who has at least one parent alive is taxed at the marginal rate of a child’s parents regardless of the source of the assets.

Children under 18 are entitled (2017) to a standard deduction amount ($1,050) and an additional $1,050 of unearned income will be taxed at the child’s rate (10%).

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38
Q

Self-Employment Income

A
  • Net schedule C income
  • General partnership income (K-1 income)
  • Board of Directors fees
  • Part-time earnings (1099)
  • NOT wages or K-1 distributions from an S corp
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39
Q

Self-Employment Tax Calculation

A

The taxable wage base will not exceed $127,200 (2017). If you added up the self-employed income, and you exceeded $127,200, you did something wrong.

Why? Social Security tax stops at $127,200 (2017).

Shortcut: Multiply self-employment income by 0.1413

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40
Q

Realized gain versus recognized gain…. What’s the difference

A
  • Realized gain is economic or inherent gain at the time of the transaction.
  • Recognized gain is the part of the realized gain that is immediately taxable.
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41
Q

Basis for Property

A
  1. The basis of property acquired by purchase is equal to cost increased by acquisition (i.e., capitalized) costs, such as legal fees, commissions, sales taxes, freight, etc.
  2. The basis of property acquired by inheritance is the fair market value on the date of the decedent’s death or the alternate valuation date if so elected. An asset acquired by inheritance is deemed to be held for the long-term holding period.
  3. The basis of property acquired by gift
  4. If the FMV on the date of the gift is greater than the donor’s adjusted basis, then use donor’s adjusted basis.
  5. If the FMV on the date of the gift is less than the donor’s adjusted basis in the asset, then
  6. if sold for less than FMV on date of gift, basis is FMV on the date of the gift
  7. if sold for more than the donor’s basis, then basis is the donor’s basis
  8. if the sale price of the asset is between the donor’s basis and the FMV on the date of the gift, no gain or loss is recognized—basis is tied to the sale price
  9. if donor’s basis is used, the holding period is “tacked”; if FMV is used, there is no tacking of the holding period
  10. basis further increased by improvements, but not repairs
  11. improvement significantly increases the useful life of, or the value of, the asset involved
  12. repair merely maintains the asset in normal working condition
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42
Q

What are the Cost Recovery Deductions (CRD) Rules under MACRS?

A
  • Cost recovery deductions (CRD) are an allowance for the exhaustion and wear and tear of property used in a trade or business, or held for the production of income. (Can Depreciate)
  • The modified accelerated cost recovery system (MACRS) applies to all recovery property (not land or intangibles) placed in service after 1986.
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43
Q

What are the benefits of 1231 Property?

A
  • 1231 Gains are LTCG which is better rate than Ordinary Income.
  • 1231 Losses are Ordinary Income and 100% deductible against income. Ordinarily this would be capital loss and only available to deduct $3,000 for the year with an outstanding Loss Carry Forward.
  • This law makes it so taxpayers and business owners get the best of both worlds.

Additional Explainations:

  • Broadly speaking, if gains on property fitting Section 1231’s definition are more than the adjusted basis and amount of depreciation, the income is counted as capital gains, and as result it is taxed at a lower rate than ordinary income.
  • When losses are recorded on section 1231 property, however, that loss is classified as an ordinary loss and is 100% deductible against their income.
  • Ordinarily, if income was qualified as capital gains, so would any losses which can only be deductible up to $3,000 for the tax year, and any losses in excess of that figure would be arrived at in the following year.
  • This law makes it so taxpayers and business owners get the best of both worlds.
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44
Q

What is 1231 Property?

A

1231 property, defined by section 1231 of the U.S. Internal Revenue Code, is real or depreciable business property held for over a year.

Section 1231 property includes buildings, machinery, land, timber and other natural resources, unharvested crops, cattle, livestock and leaseholds that are at least a year old, but does not include poultry, trademarks, or inventory

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45
Q

What is Section 1245 Property?

A
  • Section 1245 Property is any new or used tangible or intangible personal property that has been or could have been subject to depreciation or amortization. It is Personalty Property.
    • Examples of tangible personal property are machinery, vehicles, equipment, grain storage bins and silos, blast furnaces, and brick kilns.
    • Examples of intangible personal property are patents, copyrights and trademarks.
  • Section 1245 property is NOT land or land improvement, nor its buildings or inherently permanent structures, nor its structural components.
    • Examples of property that is NOT personal property are land, buildings, walls, garages and HVAC.
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46
Q

Example of 1231 and 1245 (recapture)

A

Any sales price between the cost basis and the adjusted basis results in Section 1245 gain.

Example of 1231 and 1245 (recapture)

It is best not to consider something a 1231 or a 1245 asset, but rather thinking of the character of the gain/loss.

  • Say you have a $100 widget which is personal property that was subject to depreciation and now has an adjusted tax basis of $25 because you took $75 of depreciation.
    • If you sell that widget for $125, you have a $100 gain. Of that $100, $75 is 1245 ordinary gain (recapture of the depreciation taken is 1245 gain), $25 is 1231 LTCG gain or capital gain.
    • If you sell that widget for $10, you have a $15 loss. That loss is a 1231 ordinary loss

Summary:

  • 1231 loss - the loss on personal property used in a trade or business. there are netting and lookback rules, but net 1231 losses are ordinary losses
  • 1245 gain (never a loss) - recapture of depreciation to the extent there is gain. 1245 gain is an ordinary gain.
  • 1231 gain - gain above after depreciation has been fully recaptured. subject to capital gain rates.
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47
Q

Unrecaptured Section 1250 Income - Real Estate

A

The gain attributable to straight-line depreciation on realty is treated as long-term capital gain income (Section 1231 income), subject to a maximum 25% long-term capital gain rate.

The gain created by actual appreciation of the realty is “regular” long-term capital gain, generally subject to a 15% or 20% maximum rate (also Section 1231).

Any sales price between the cost basis and the adjusted basis results in unrecaptured Section 1250 income. Any gain created by actual appreciation of the realty is “regular” LTCG.

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48
Q

An Example of Section 1250 Applicability?

A

An Example of Section 1250 Applicability

Consider an investor who purchased real estate with a useful life of 40 years for a total purchase price of $800,000. After five years, the investor claimed $120,000 in accumulated depreciation expenses using the accelerated depreciation method, resulting in a cost basis of $680,000.

  • Suppose that the investor sells this property after five years for $750,000, for a total taxable gain of $70,000. Because the accumulated straight-line depreciation is $100,000 (initial price of $800,000 divided by 40 years times five years of use), $20,000 of the actual depreciation that exceeds straight-line depreciation must be taxed as ordinary income, while the remaining $50,000 of the total gain is taxed at applicable capital gains tax rates.

The recapture of gain as ordinary income under Section 1250 is limited to the extent of actual gain recorded on a sale of real property.

  • If the real property in the above example was sold for $690,000, producing a gain of $10,000, only $10,000 would be considered ordinary income, not the excess $20,000.
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49
Q

Section 1245 Property Steps:

A
  1. This applies to the sale of personalty that is or has been subject to an allowance for depreciation.
  2. Section 1245 also applies to nonresidential real property placed in service after 1980 and before 1987, and depreciated under the ACRS rules.
  3. The amount of gain treated as ordinary income on the disposition of Section 1245 property generally is equal to the lesser of:
    1. the cost recovery deductions taken, or
    2. the gain realized on the sale.
  4. If a loss is recognized on the disposition, there is no Section 1245 recapture; the entire loss is treated as a Section 1231 loss.
  5. The gain not characterized as Section 1245 recapture is treated as a Section 1231 gain.
  6. The gain attributable to the taking of cost recovery deductions is ordinary income; only gain caused by appreciation of the asset is potential long-term capital gain.
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52
Q

General Rules of Like-Kind Exchanges

A
  1. Losses are never recognized by the taxpayer who qualifies for like-kind exchange treatment.
  2. Gain realized is FMV of property received minus A/B of property given up.
  3. The gain recognized is always the lesser of the gain realized or the boot received.
  4. Basis of the like-kind property received is its fair market value reduced by any gain realized but not recognized. (OR old basis, minus boot received, plus boot paid and gain recognized).
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54
Q

Breaking down Section 1250

A

Section 1250 deals with taxing gains at an ordinary tax rate that arises from selling depreciable real property, such as commercial buildings, warehouses, barns, rental properties and their structural components.

Personal property, either tangible or intangible, and land do not fall under the scope of this tax regulation. Section 1250 is mainly applicable when a company depreciates its real estate using the accelerated depreciation method, which results in larger deductions in the early life of a real asset, in comparison to the straight-line method.

Section 1250 says that if a real property sells for a purchase price that produces a taxable gain, and that property is depreciated using the accelerated depreciation method, the difference between the actual depreciation and the straight-line depreciation is taxed as ordinary income.

Because all post-1986 real estate is required to be depreciated using the straight-line method, treatment of gains as ordinary income under Section 1250 is rare.

If the property is disposed of as a gift, transferred at death, sold as part of a like-kind exchange, or disposed of through other methods, no possible taxable gain exists.

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55
Q

What is Section 1250?

A

Section 1250 is a section of the United States Internal Revenue Service Code that states that a gain from selling real property that has been depreciated should be taxed as ordinary income, to the extent that the accumulated depreciation exceeds the depreciation calculated using the straight-line method.

Section 1250 bases the amount of tax due on the type of property, such as residential or nonresidential property, and on how many months the property was owned.

56
Q

How do I qualify as a like-kind exchange?

A
  1. The property to be received must be identified within 45 days after the date on which the old property is transferred.
  2. The new property must be received within 180 days after the date on which the old property is transferred, but not later than the due date of the tax return (including extensions) for the year that the old property is transferred.
  3. The like-kind provision is mandatory.
58
Q

How to calculate S/E income deduction for AGI?

A

Step 1: Figure out the amount of your earnings that is actually taxable for the S/E taxable income

Step 2: Calculate the amount you owe for S/E Tax

Step 3: Report half of your S/E tas as an adjustment

Ex: S/E of $100K

Step 1: $100,000 x 0.9235 = $92,350 ($92,350 is the S/E Taxable Earnings/Income - we times it by 92.35% because 7.65% is the ER half of FICA tax

Step 2: $92,350 x 0.1530 = $14,129.55 (we times it by 15.30% becuase this is the OASDI HI or FICA amount)

Step 3: $14,129.55 x 0.50 = $7,064.78 (this is the 1/2 S/E amount you can deduct Above the Line for AGI)

Shortcut is to multiply $100,000 x .1413 = 14,130

59
Q

Can a publicly traded limited partnership offset the income from a non-publicly traded partnership?

A

Income from a publicly traded limited partnership may not be offset by any other passive losses.

60
Q

Section 179 Deduction when net income is lower than the equipment cost or the taxable (earned) income limitation.

A

Ex:

Equipment purchase is $620K

Net Income is $220K

The Section 179 deduction is subject to a taxable (earned) income limitation. However, for this purpose, wages received (even from a completely unrelated source) are considered to be from the active conduct of a trade or business. With only $220,000 of earned income, only $220,000 may be deducted under Section 179.

61
Q

Is flow-through of income from an S corporation (or limited partnership income to a limited partner) is considered to be self-employment income?

Is Sole Proprietorship net income considered self employment income?

A

No, it is not considered to be SE employment income so we do not have to calculate the SE tax.

Yes, S/P net income is considered employment income so you do have to calculate the SE tax and you can take the short cut by multiplying by 0.1413

62
Q

Types of Qualified Plans/ERISA

(vesting/admin costs/exempt from creditors/integrate with Social Security)

A
  • Defined Benefit
  • Cash Balance
  • Money Purchase
  • Target Benefit
  • Profit Sharing
  • Profit Sharing 401(k)
  • Stock Bonus
  • ESOP (NOT integrated with Social Security or cross-tested)

http://www.pensioncon.com/plantypes.php

63
Q

Types of Retirement Plans

(no vesting/limited admin costs)

A
  • SEP
  • SIMPLE
  • SAR-SEP
  • Thrift or Savings Plans (TSP - Federal EE’s and Military)
  • 403(b) (Public Schools and some Non-Profits)
64
Q

Money Purchase Pension Plan -

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and the Qualified Joint and Survivor Annuity requirement

Defined Contribution Plan = Provide Uncertain Retirement Benefit due to annual contributions and the investment returns of the EE account.

A
  • Mandatory contributopm of up to 25% employer payroll and can deduct same 25%.
  • Fixed contributions - need stable cash flow
  • Maximum annual contribution lesser of 100% or salary of $54k (2017)
  • No acutuarial determination in this plan

In money purchase plans, the employer is obligated to contribute even if the company didn’t make a profit. The contributions are determined by a specific percentage of each employee’s compensation and must be made annually.

Although a younger and an older employee with the same level of compensation will receive the same allocation, the long-term accumulation of tax-sheltered funds will benefit younger employees more than older employees.

A money-purchase pension plan is a pension plan to which employers and employees make contributions based on a percentage of annual earnings, in accordance with the terms of the plan. Upon retirement, the total pool of capital in the member’s account can be used to purchase a lifetime annuity. The amount in each money-purchase plan member’s account differs from one member to the next, depending on the level of contributions and the investment return earned on such contributions.

65
Q

Target Benefit Pension Plan?

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and the Qualified Joint and Survivor Annuity requirement & Needs stable cash flow

Defined Contribution Plan = Provide Uncertain Retirement Benefit

A
  • Up to 25% employer deduction
  • Fixed contributions - need stable cash flow
  • Maximum annual contribution less of 100% of salary or $54k (2017)
  • Favors older workers - How?

The Target Benefit Plan, which is an age-weighted pension plan. Under this plan, each employee is targeted to receive the same formula of benefit at retirement (age sixty-five), but the benefits are not guaranteed. Because older employees have less time to accumulate the funds for retirement, they receive a larger contribution as a percentage of compensation than the younger employees do. The target plan is a hybrid of defined benefits and defined contribution plans, but it is a defined contribution pension plan with the same limits and requirements as defined contribution plans.

One such defined contribution plan is the target plan, which is an age-weighted pension plan. Under this plan, each employee is targeted to receive the same formula of benefit at retirement (age sixty-five), but the benefits are not guaranteed. Because older employees have less time to accumulate the funds for retirement, they receive a larger contribution as a percentage of compensation than the younger employees do. The target plan is a hybrid of defined benefits and defined contribution plans, but it is a defined contribution pension plan with the same limits and requirements as defined contribution plans.

66
Q

Safe Harbor

Nondiscrimination

A

A safe harbor 401(k) plan automatically satisfies the nondiscrimination tests involving highly compensated employees (HCEs) with either an employer matching contribution or a nonelective contribution.

67
Q

Safe Harbor

Match/Vesting

A

The statutory contribution using a match is $1/$1 on the first 3% employee deferral and $0.50/$1 on the next 2% employee deferral. If the employer chooses to use the nonelective deferral method, the employer must contribute 3% of all eligible employees’ compensation regardless of whether the employee is deferring or not.

Employer contributions must be immediately vested.

68
Q

SIMPLE Plan

A
  • Fewer than 100 employees
  • Employer cannot maintain any other plan
  • Participants fully vested
  • Easy to administer and funded by employee salary reductions and an employer match
69
Q

Vesting - Fast / Slow

A

Fast: DB Top-heavy Plans / All DC Plans

  • 3 - year cliff or 2-6 year graded or 100% vested after 2 years

Slow: Non-top-heavy DB Plans only

  • 5 - year cliff or 3-7 year graded or 100% vested after 2 years
70
Q

IRA

Exceptions to 10% Penalty for

Early Distributions before age 59½

A
  • Death
  • Disability
  • Substantially equal periodic payments
  • Medical expenses in excess of 10% of AGI or health insurance costs while unemployed
  • First home expense up to $10,000
  • Qualified education expense
  • Distribution used to pay insurance premium after separation from employment (must have received unemployment compensation for 12 weeks)
71
Q

Roth IRA

Ordering rules for distribution

A
  1. Any contributions (not conversions) are withdrawn first
  2. Conversions are withdrawn second
  3. Earnings are withdrawn last
72
Q

Roth IRA

Required Minimum Distributions

A

RMDs for Roth IRAs only required after Death of original owner

  • Distributed within 5 years of owner’s death or
  • Distributed over the life expectancy of the designated beneficiary with distributions commencing prior to the end of the calendar year following death (stretch)
  • Where the sole beneficiary is the owner’s surviving spouse, the spouse may delay distributions until the Roth owner would have reached 70½, or may treat the Roth as his or her own (roll it to her/her Roth)
73
Q

Rabbi Trust

A
  • Key Words - merger, acquisition or change of ownership
  • Assets in rabbi trust available for company’s creditors
  • Fear that ownership / management may change before deferred compensation is paid
  • Irrevocable Trust set aside for the benefit of the EE
  • Contributions to trust are not currently taxable to EE if the Trust does not contain financial triggers and is not located “offshore”.

The assets of a rabbi trust must be available to the employer’s creditors, and cannot have “insolvency triggers” that would accelerate payment to the participants in the event that the employer’s net worth fell below a certain point. In the event that the employer faced bankruptcy or a financial hardship, the trustee must be notified. The trust’s assets are then frozen so that the assets will be available to the employer’s creditors. Due to Section 409A, an offshore rabbi trust will result in immediate taxation of the benefits, interest at the underpayment rate plus 1%, and a 20% penalty tax.

74
Q

Who benefits most from profit-sharing plans?

A
  • Younger employees,
  • short-service employees,
  • employees in lower-pay brackets,
  • employees who quit after medium lengths of service are those who will benefit most from profit-sharing plans.
75
Q

Cash Balance Plan -

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and Qualified Joint and Survivor Annuity

Defined Benefit Plan = Provide Specified Retirement Benefit & ER guarantees the investment result & PBGC

A
  • qualified defined benefit plan that provides specified employer contributions and a guaranteed return into a hypothetical account.
  • Favors Younger Employees. Uses Career Average Pay ONLY.
  • The cash-balance plan credits your account with a set percentage of your salary each year.
  • Another key difference: If you leave the company before retirement age, you may take the contents of your cash-balance plan as a lump sum and roll it into an IRA. A traditional pension isn’t portable.
76
Q

Can you compare Defined Benefit Pension Plans to Cash Balance Pension Plans?

A
  • guaranteed benefit
  • quasi money purchase plan with guaranteed return
  • Defined benefit plan can be AMENDED into a cash balance plan to simplify and reduce costs. (When this is done, the company can keep the same vesting schedule and amounts in the new plan. In other words, all participants in the defined benefit plan would not be automatically 100% vested because of the defined benefit pension plan termination.)
77
Q

Cash Balance Plan Information

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and the Qualified Joint and Survivor Annuity requirement

Defined Benefit Plan = Provide Specified Retirement Benefit & ER guarantees the investment result & PBGC

A

Similar to a pension plan and a 401(k) combined. You have ER guaranteed returns (5% + 3%) in a hypothetical account for each EE. Account builds and at retirement can take an annuity on the account balance. The account is Portable.

  • Cash balance pension plans are defined benefit plans that appear similar to defined contribution plans.
  • Instead of guaranteeing Retirement Benefit
  • Cash balance plans are defined benefit (DB) plans
    • Maximum annual benefit is limited to the amount that will fund a benefit of $215,000 a year in retirement in 2017, or if compensation is less, 100% of compensation.
    • Only up to $270,000 in compensation can be used when calculating this benefit.
    • Actuarial services are required annually.
    • The employer guarantees the specified investment result. Usually fixed percentage (5%) + interest credit (3%).
    • The cash balance plan does NOT provide an amount of benefit that will be available for the employee at retirement. Rather….
      • Instead, the cash balance plan sets up a “hypothetical individual account” for each employee, and credits each participant annually with a plan contribution (usually a percentage of compensation).
      • The employer also guarantees a minimum interest credit on the account balance. For example, an employer might contribute 10 percent of an employee’s salary to the employee’s plan each year and guarantee a minimum rate of return of 4 percent on the fund.

In a typical cash balance plan, a participant’s account is credited each year with a “pay credit” (such as 5 percent of compensation from his or her employer) and an “interest credit” (either a fixed rate or a variable rate that is linked to an index such as the one-year treasury bill rate). Increases and decreases in the value of the plan’s investments do not directly affect the benefit amounts promised to participants. Thus, the investment risks are borne solely by the employer.

When a participant becomes entitled to receive benefits under a cash balance plan, the benefits that are received are defined in terms of an account balance. For example, assume that a participant has an account balance of $100,000 when he or she reaches age 65. If the participant decides to retire at that time, he or she would have the right to an annuity based on that account balance. Such an annuity might be approximately $8500 per year for life. In many cash balance plans, however, the participant could instead choose (with consent from his or her spouse) to take a lump sum benefit equal to the $100,000 account balance.

If a participant receives a lump sum distribution, that distribution generally can be rolled over into an IRA or to another employer’s plan if that plan accepts rollovers.

The benefits in most cash balance plans, as in most traditional defined benefit plans, are protected, within certain limitations, by federal insurance provided through the Pension Benefit Guaranty Corporation.

78
Q

Target Benefit Pension Plan Basic Provisions?

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and the Qualified Joint and Survivor Annuity requirement

Defined Contribution Plan = Provide Uncertain Retirement Benefit

A
  • Employer contributions are limited to up to 25% of covered payroll up to $54,000 per participant.
  • Forfeitures may be reallocated to remaining participants’ accounts or applied to reduce employer contributions.
  • Subject to minimum funding standards
  • **Allocation of employer (ER) contributions is based on age-weighted formula.
  • **Actuary is used for the first year of the plan only.
79
Q

Target Benefit Plan and Age Weighted Profit Sharing Plan (PSP) Similarities?

A
  • An age-weighted profit sharing plan provides the same potential benefit as the target benefit plan; however, the age-weighted profit sharing plan is not subject to mandatory funding.
80
Q

What is the 401(k) provision, what year did it begin and what is it similar to?

A
  • 401(k) provision allows for pre-tax EE deferrals.
  • Prior to the enactment of 401(k) provisions in 1981, employees could only make after-tax contributions—this was called a Thrift Plan.
  • The IRS issued proposed regulations on 401(k) plans that sanctioned the use of employee salary reductions as a source of retirement plan contributions. Many employers replaced older, after-tax thrift plans with 401(k)s and added 401(k) options to profit-sharing and stock bonus plans.
81
Q

Target Benefit Pension Plan Advantages of Employer (ER)?

A
  • Relatively simple to explain and install
  • Annual contributions generally in favor of older, highly paid participants.
82
Q

Target Benefit Pension Plan DisAdvantages of Employer (ER)?

A
  • Mandatory annual contributions
  • Limits employer’s tax deduction
83
Q

Profit Sharing Plan Basic Provisions?

Qualified Plan = ERISA

Profit Sharing Plan = NOT Subject to Minimum Funding Standards

Defined Contribution Plan = Provide Uncetain Retirement Benefit

A
  • 25% employer deduction limit
  • Employer contributions usually are discretionary, but must be “substantial and recurring”
  • Forfeitures usually are reallocated to remaining participants’ accounts
84
Q

What do Defined Benefit Plans Provide?

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and the Qualified Joint and Survivor Annuity requirement

Defined Benefit Plan = Provide Specified Retirement Benefit & ER guarantees the investment result & PBGC

A

DB Plans Provide specified retirement benefit

Defined Benefit Pension Plan

Cash Balance Pension Plan

85
Q

Defined Contribution Plans Provide?

Qualified = ERISA

Pension Plan = Subject to minimum funding standards (MPPP and TBPP) and the Qualified Joint and Survivor Annuity requirement

Profit Sharing Plan = NOT Subject to Minimum Funding Standards (PSP, ESOP and Stock Bonus Plan)

Defined Contribution Plan = Provides Uncertain Retirement Benefit

A

DC Plans Provide an uncertain retirement benefit

PSP (PSP)

Money Purchase (PP)

Target Benefit (PP)

86
Q

What are Pension Plans Subject To?

A

They are subject to Minimum Funding Standards

DBPP

CBPP

MPPP

TBPP

87
Q

What is a Money Purchase Pension Plan?

Read the answer here

Qualified Plan = ERISA

Pension Plan = Subject to Minimum Funding Standards and the Qualified Joint and Survivor Annuity requirement

Defined Contribution Plan = Provide uncertain retirement benefit – but requires a fixed contribution from ER

A

A money purchase plan or money purchase pension is a type of defined contribution retirement plan offered by some employers. Money purchase plans are like other defined contribution plans, such as 401(k) and 403(b) plans, in that both the employer and employee make contributions to the plan. EE makes after-tax contributions into plan. What makes money purchase plans different is that they require fixed employer contributions. That means that employers must contribute a fixed percentage of each eligible employee’s salary annually to their separate retirement accounts.

Money purchase plans are similar to profit-sharing plans, but with a profit-sharing plan, the employer can determine each year how much will be distributed to employees. Instead of a fixed percentage of salary, a profit-sharing employer could decide to share a fixed amount of profit, and distribute it to employees each year as a percentage of salary. For employers, money purchase plans make budgeting and planning for contributions easier, while profit-sharing plans offer more flexibility in less profitable years.

A money purchase pension plan is a type of qualified defined contribution plan in which you, the ER, make annual required contributions to the accounts of participating EE’s. The amount of your employer contributions is generally determined based on a preset formula that cannot be changed without amending the plan, even if your business profits are low or nonexistent.

A money purchase pension plan is very similar to a profit-sharing plan. In fact, the two plans are so similar that each type of plan is specifically required to identify itself as either a “money purchase pension plan” or a “profit-sharing plan” in the plan document. The most significant distinction between the two types of plans is the MPPP mandatory fixed contribution formula (in contrast, contributions to a profit-sharing plan are generally discretionary).

According to the Internal Revenue Service, a money purchase retirement plan is a defined contribution plan into which the employer is required to contribute money. The plan prescribes the contribution percentage that the employer is required to make and the employer makes the contribution, typically annually, to a separate account for each eligible employee based on the employee’s pay.

Like a defined benefit pension plan, a money purchase plan is subject to the minimum funding requirements and the qualified joint and survivor annuity requirements. Like a defined contribution plan, a money purchase plan is subject to the annual limit on contributions to the plan and the annual valuation of plan assets. This duality of requirements significantly affects the design of money purchase plans.

Although a younger and an older employee with the same level of compensation will receive the same allocation, the long-term accumulation of tax-sheltered funds will benefit younger employees more than older employees.

88
Q

What is a Keogh Plan?

A
  • A Keogh plan is a tax-deferred pension plan available to self-employed individuals or unincorporated businesses for retirement purposes. It can be set up by small businesses that are structured as LLCs, sole proprietorships or partnerships.
  • A Keogh plan can be set up as either a defined-benefit or defined-contribution plan, although most plans are defined as contributions.
  • A Keogh is similar to a 401(k) for very small businesses, but the annual contribution limits are higher than 401(k) limits. $54K for 2017.
89
Q

How does Integration with Social Security aka ‘permitted disparity’ work?

A

Integrated with Social Security aka ‘premitted disparity’

  • A company retirement plan may take into consideration Social Security when allocating an employer contribution to eligible employees.
  • Because Social Security is only paid on compensation up to a certain dollar amount, any employee with compensation over the Social Security Taxable Wage Base (TWB) will receive a large allocation of the employer contribution allocated in the company retirement plan to account for this.
  • The TWB for 2017 is $127,200.
90
Q

What are profit sharing allocation methods?

A

In addition to that broad discretion, IRS rules also allow a variety of methods to determine what portion of the total contribution goes to each plan participant. Each of these allocation methods can be combined with 401(k) features, matching contributions, etc. to achieve an overall design customized for each company’s needs.​

  1. Salary Proportional Method aka Pro-Rata
  2. Permitted Disparity Method aka Social Security Integration
  3. New Comparability Method aka Cross-Tested
  4. Age Weighted Method (TBPP)
  5. Service Based Method
91
Q

Permitted Disparity or Social Security Integration Allocation Method?

A

The Permitted Disparity Method, aka as Social Security Integration, recognizes that Social Security benefits are only provided on an individual’s compensation up to the Social Security Wage Base ($127,200 for 2017) and allows additional plan contributions on pay exceeding that level (referred to as Excess Compensation).

The contribution is calculated in two steps:

Step 1. A uniform percentage of total base pay is allocated to all eligible participants. This is referred to as the base percentage.

Step 2. A uniform percentage of Excess Compensation is allocated to all eligible participants who have such pay. The excess percentage cannot exceed the lesser of the base percentage or 5.7%.

It is possible to integrate the allocation at a level below the Social Security Wage Base; however, doing so often results in a reduction of the maximum excess contribution percentage.

92
Q

How does the Age Weighted Allocation Method work for allocating Profit Sharing Contributions?

A

Under the Age-Weighted method, the employer’s profit sharing contribution is allocated in a manner that considers both the participant’s age and compensation.

Using one of the mandated mortality tables and interest rates, points are allocated to each participant based on age.

The ratio of a participant’s points to the total points of all participants determines the participant’s percent of the overall profit sharing contribution.

93
Q

A profit sharing contribution must demonstrate non-discrimination in either the form of allocations or benefits.

A

A profit sharing contribution must demonstrate non-discrimination in either the form of allocations or benefits.

Giving all participants the same percentage of pay as an allocation is clearly non-discriminatory.

However, giving each participant the same theoretical retirement benefit is also non-discriminatory and the present-day allocations required to generate these benefits may not be equal.

This is because older participants have less time to retirement, and thus require larger allocations to reach the same benefit level.

Certain design-based safe harbor allocation methods like the Salary Ratio and Social Security Integration (permitted disparity) methods are deemed to be non-discriminatory.

Non-safe harbor allocation methods like the Age-Weighted and New Comparability (Cross Tested) methods must demonstrate non-discrimination by passing the General Test on either an allocations basis or on a benefits basis.

When an allocation method passes the General Test on a benefits basis, this is known as Cross-Testing.

94
Q

Gotta Study this stuff more

A

Hardship W/D for QP and NQP

How to set up the Problem for how much of an IRA we can deduct when we are investing in a QP?

95
Q

Are you taxed for Hardship Withdrawals? If so, at what are you taxed on?

A

Yes, you are taxed at your income tax rate and there is a 10% penatly but you can only access your deferrals.

96
Q

What are the Hardship W/D steps and reasons?

A

The participant must exhaust other “reasonably available” resources.

Examples of the required “immediate and heavy financial need” include:

  • college tuition expenses
  • medical expenses
  • purchase of a primary residence
  • prevention of eviction from a primary residence

Hardship withdrawals may consist of the participant’s elective deferrals only, not earnings associated with these deferrals.

  • If the participant is under age 59 1/2, the withdrawal is subject to the 10% early withdrawal penalty.
97
Q

What type of EE benefits are non-taxable to the EE?

A

Qualified employee discounts and health and accident insurance are the only listed employee benefits that are nontaxable to the employee.

98
Q

Can you distribute funds from an IRA to pay for college without a 10% early withdrawal penalty?

A

Yes, Withdrawals can be taken from an IRA penalty free if used for qualified education expenses but you will have to pay regular taxes on the distribution.

99
Q

Can you distribute funds from a Roth IRA to pay for college without a 10% early withdrawal penalty?

A

Yes, Withdrawals can be taken from a Roth IRA penalty free if used for qualified education expenses and the distribution is tax free as long as you take less than the amount contributed.

100
Q

Can you distribute funds from a 401(k) to pay for college without a 10% early withdrawal penalty?

A

Yes, but it would have to be in the form of a loan. You can not take a distribution or you will be taxed.

101
Q

What is permitted disparity?

A

Integration with Social Security and permitted disparity. The purpose of integration is to equalize the employer’s contributions (to a qualified plan and Social Security) regarding retirement benefits for higher- and lower-paid employees. Without integration, the disparity is that the employer contributes a higher percentage of compensation for lower-paid employees. The net result is to lower the cost for rank-and-file employees while maintaining the same level of contribution (cost) for more highly paid employees (typically owners).

Permitted disparity is the lesser of the base contribution percentage or 5.7%.

102
Q

What is the percentage of NHCE compared to the HCE benefiting from the plan?

A

The NHCE benefiting from the plan must be at least 70% of the HCE’s.

Ex. 1,000 EE’s

100 HCE

900 NHCE

If 90% of the highly compensated employees benefit from the plan (90/100 = 90%). Therefore, at least 63% of nonhighly compensated employees must benefit from the plan (90% × 70% = 63%). With 900 eligible nonhighly compensated employees, 567 must participate (900 × 63% = 567).

103
Q

HCE vs. Key Employee

A

HCE:

  • A greater than 5% owner
    • OR
  • ​An employee earning in excess of $120,000 during the preceding year (2016)

Key Employee:

An individual is a key employee if at any time during the current year he/she has been one of the following

  • A greater than 5% owner or
  • An officer and compensation > $170,000 (2017) or
  • Greater than 1% ownership and compensation > $150,000 (2017)
104
Q

“5 or 5” Power

A
  • Property subject to a general power will be included in a donee decedent’s estate (or considered a taxable gift” only to the extent that the property exceeds the greater of:
  1. $5,000 or
  2. 5% of the total value of the fund subject to the power as measured at the time of lapse
105
Q

Simple vs. Complex Trusts

A
  • Simple trusts (2503(b), Marital, QTIP) are considered merely a “conduit” for forwarding income to the beneficiaries (pass-through)
  • Complex trusts (2503(c)), are separate tax entities and taxed as such if it meets two requirements:
  1. It is irrevocable, and the grantor has not retained any control
  2. Income is accumulated
106
Q

Nonmarital “B” Trust

(Decedent, Family, Bypass, Credit Shelter, Unified Credit Shelter)

A
  • Property transferred to the trust at the time of the decedent’s death
  • Can be structured to provide a stream of income to surviving spouse or other individuals
  • Decedent has postmortem control
107
Q

QTIP “C” Trust

(Current Income Trust)

A
  • Provides surviving spouse with a stream of income for life, but decedent has postmortem control of trust property
  • Property qualifies for marital deduction
  • Mainly used for second marriages
  • Key word for QTIP - LAME
    • Lifetime income for the spouse
    • Annual payments to spouse
    • Mandatory payments to spouse
    • Exclusively for spouse
108
Q

Qualified Domestic Trust

(QDT / QDOT)

A
  • No unlimited marital deduction
  • However, no estate tax due
  • Jointly held property between spouses is not considered one-half owned
  • Limited gift between spouses of only 100K (indexed) per year
109
Q

Intrafamily Transfers

(Property owner needs income)

A

Remember: PIGS need income

  • Private annuity
  • Installment Sale
  • Grantor Annuity Trusts (GRAT/GRUT)
  • Self canceling installment note (SCIN)
110
Q

Intrafamily Transfers

(Property owner wants to gift assets

and/or income to family members)

A
  • Partnership / S-corp
  • Family Limited Partnership (FLP)
  • Gift Leaseback
  • Qualified Personal Residence Trust (QPRT)
111
Q

Postmortem Planning Techniques

(Estate Liquidity)

A

Stock Redemption (Section 303):

  1. Business must be incorporated (closely held)
  2. Value of business must exceed 35% of the decedent’s adjusted gross estate
  3. Redemption cannot exceed the sum of the estate taxes plus administrative expenses

Installment payment of estate taxes (Section 6166):

  1. Value of business must exceed 35% of decedent’s adjusted gross estate
  2. During the first 4 years (of 14 years) can pay interest only on taxes due
112
Q

Portmortem Planning Techniques

(Estate Tax Reduction)

A

Special Use Valuation (Section 2032A):

  1. 25% of the gross estate consists of real property
  2. Must be in qualified use: 5-out-of-8 year rule before death and 10 years after death.
113
Q

Gross Estate Gift Inclusions of Schedule G: Property includible in gross estate under IRC Sections 2035–2038 (the transfer sections)

A

Transfer sections:

  1. a. Property gifted by decedent is included in the gross estate if the decedent retained rights with respect to the property, including:
    1. (1) the right to use or receive income from the property (§2036)
    2. (2) the right to designate the persons who shall possess or enjoy the property or the income therefrom (§2036)
    3. (3) the right to vote stock in a controlled corporation (§2036)
    4. (4) a right of reversion in the property (§2037)
    5. (5) the right to alter, amend, terminate, or revoke disposition of the property (§2038)
    6. (6) the right to affect the time or manner of enjoyment of the property or its income by others (§2038)
114
Q

Gross Estate Inclusions of Schedule G: Property includible in gross estate under IRC Sections 2035 (Three-year inclusionary rule)

A
  1. 1. Three-year inclusionary rule (§2035)
    1. a. There are only three situations in which property must be included in the gross estate of a decedent because of an action taken within three years of death:
      1. (1) paid gift taxes out of pocket on gifts made within three years of death (the “gross up” rule)
      2. (2) transferred incidents of ownership on a life insurance policy on his or her own life
      3. (3) released a retained right mentioned in the transfer sections of the Code (§§2036–2038)
115
Q

Valuation discount - Blockage Discount

A

Used for large block of publicly traded stock that cannot be marketed without adversely affecting the price

116
Q

Valuation Discount - Minority Interest Discount

A

Inability of closely held business interest to control business decisions

117
Q

Valuation Discount - Co-ownership (fractional interest) discount

A

Real estate that has impaired marketability because estate cannot sell its partial interest or purchase co-owner’s partial interest

118
Q

Valuation Discount - Key Person Discount

A

Loss of person who is vital to business operations

119
Q

Valuation Discount - Lack of Marketability Discount

A

Restrictions on marketability and costs of taking public a closely held business

120
Q

Transfers subject to the GSTT?

A
  1. Tax on transfer of wealth (during life or at death) to persons who are deemed to be two or more generations younger than the transferor
  2. GSTT in addition to any gift or estate tax due on the transfer
  3. Taxed at top regular estate tax rate for year of transfer
121
Q

In GSTT Planning who is a Skip Person?

A
  • Lineal Relatives - The Transferee is two or more generations younger than the Transferor. Grandchild or great grandchild.
  • Non Lineal Relatives - Someone who is 37.5 years younger than the Transferor.
122
Q

In GSTT Planning who is a Non-Skip Person?

A
  • Transferee who is deemed to be less than two generations younger than the transferor or the transferor’s spouse. Like a child or nephew of the Transferor.
  • Transferor’s spouse or former spouse is always considered a non-skip person regardess of age difference with the transferor.
123
Q

GSTT Exemptions or Exclusions?

A
  • Spouses
  • Ex-Spouses
  • Charities
  • Transfers that qualify for the annual exclusion
  • Direct Payments to Medical and Educaitonal providers
124
Q

What is the GSTT Deceased ancestor rule?

A

Let’s say son dies and the grandfather transfers assets to the grandson, then the grandson would move into the son’s slot and there would be no GSTT due to the deceased ancenstor rule.

125
Q

GSTT Bullet Points?

A
  • GSTT is in addition to any estate of gift tax due.
  • Annual exclusion available for present interest gifts.
  • GSTT exemption is $5,490,000 in 2017.
  • Gift Splitting allowed for spouses.
  • Direct payment to educational and medical providers are exempt.
  • Flat tax rate of 40% at Gift and Estate Level and a 40% at the GSTT level.
126
Q

QTIP “C” Trust

(Current Income Trust)

A
  • Provides surviving spouse with a stream of income for life, but decedent has postmortem control of trust property
  • Property qualifies for marital deduction
  • Mainly used for second marriages
  • Key word for QTIP - LAME
    • Lifetime income for the spouse
    • Annual payments to spouse
    • Mandatory payments to spouse
    • Exclusively for spouse
127
Q

NQDC Concept of Substantial Risk of Forefeiture?

A

(1) Substantial risk of forfeiture is necessary to prevent constructive receipt in certain plans.
(2) Substantial risk of forfeiture generally requires the employee’s actual performance of services.
(3) Substantial risk of forfeiture is not necessary in an unfunded plan that is executed prior to the performance of services.
(4) Substantial risk of forfeiture provisions are generally necessary only in funded plans to prevent constructive receipt.