Corporate Taxation Flashcards
TAX
How is shareholder basis calculated for a new interest in a corporation?
Adjusted basis of property transferred
+ Gain recognized (if less than 80% ownership)
- Boot received
= Shareholder basis
If shareholders have 80% control after a property transfer; no taxable event occurs.
If liabilities exceed basis on contributed property to a corporation; a gain is recognized.
How is shareholder basis calculated for a TRANSFEROR of an interest in a corporation?
Transferor’s basis
+ Gain recognized by shareholder
= Basis
OR
FMV of Corporate Interest
- Adjusted basis of property
= Gain
What basis do shareholders and corporations use for property?
They both use ADJUSTED BASIS; NOT FMV of property.
Describe how loss is taken on Section 1244 small business corporation stock?
A loss on worthless stock is an ordinary loss.
What are the requirements for taking an ordinary loss on Section 1244 small business corporation stock?
Taxpayer must be original stock owner; and either an individual or partnership
$50k (single) or $100k (MFJ) limit - remainder is a capital loss
Must have been issued in exchange for money or property (not exchanged for services)
Shareholder equity must not be in excess of $1 million
Both common and preferred stock is allowed
What are the basic rules for filing a form 1120?
Return is due regardless of income level
Return is due 3/15 if on a calendar year basis; or 2 1/2 months after end of fiscal year
An automatic six-month extension is available
When are corporate federal tax estimated payments required; and how are they calculated?
Required if more than $500 in tax liability expected; or
100% current year liability
100% previous year liability
Note: If corporation had more than $1 Million in revenue the previous year; the first estimated payment must be based on the previous year and the remainder based on the current year.
Describe the AMT calculation for C-Corporations
Taxable Income \+Tax Preference Items \+/- Adjustments = Pre-ACE \+/- ACE Adjustments = AMTI - 40;000 Exemption = Tax Base x 20% = Tentative Minimum Tax - Regular Tax Liability = AMT
What are the pre-ACE adjustments for C-corporation tax AMT calculations?
Real Estate purchased between 1986 and 1999 using Straight Line Depreciation must depreciate over a useful life of 40 years
Personal Property - use 150% MACRS; not 200%
Construction must use % completion method
What are the ACE adjustments in the C-corporation AMT tax calculation?
Municipal Bond Interest
Life Insurance Proceeds
70% Dividends Received Deduction
Organizational Expenditures must be capitalized; not amortized
Note: AMT paid gets carried forward indefinitely; but never carried back
When are C-corporations exempt from AMT?
In year one
In year two; if year one gross receipts were less than $5 Million
In year three; if the average gross receipts for years 1 and 2 were less than $7.5 Million
In year four and beyond; if the average from the previous 3 years is less than $7.5 Million
How are gains and losses handled with respect to a corporation’s transactions involving its own stock?
Corporations have no gain/(loss) from transactions involving their own stock; including Treasury Stock.
If Corporation gets property in exchange for stock; there is no gain/(loss) on the transaction.
How are corporate organization costs handled?
Amortization of costs begin the month the corporation commences business activity
If the corporation doesn’t amortize organization costs in year one; they can never be amortized
Costs associated with offerings are neither deductible nor amortized
How are a C-corporation’s deductible charitable contributions calculated?
Sales -COGS= Gross Profit
Gross Profit + Rent; Royalties; Gross Dividends; Capital Gains
=Total Income
Total Income - Deductions (No charitable contributions; Dividends
Received Deductions (DRD); or NOL Carrybacks allowed)
- NOL Carryforwards
=Taxable Income before charitable contributions; DRD; NOL Carrybacks
x 10%
=Deductible Charitable Contributions
How are excess charitable contributions treated in a C-corporations?
Excess charitable contributions get carried forward 5 consecutive years (No Carryback)
When can a board of directors authorize charitable contributions for a tax year?
The Board of Directors can authorized charitable contributions up to 3/15 and have them count in the previous tax year
How is the dividends received deduction (DRD) calculated; and what are the limitations?
80% Interest = 100% DRD
20-79% = 80% DRD
less than 20% = 70% DRD
Only allowed if no consolidated return is filed. Qualified dividends from domestic corporations only.
What is the Dividends Received Deduction (DRD) calculation when there is a loss from operations?
Only take DRD % x Taxable Income
Note: If DRD brings a loss situation; then you can take the full DRD
If Taxable Income remains after DRD; only a partial DRD (T.I. x DRD %) is allowed