Corporate Taxation Flashcards
Corporate Taxation
Corp
Net Operating Loss:
Corp
NOL 2019:
No carry back, carry forward indefinitely (up to 80% of net income)
eg: Y3 Net capital loss 100,000USD
if Y4 income was 50,000USD,
only 80%=40,000USD loss can be carry forward and remainder 60,000USD is for Y6
meal
entertainment
meal : 50% deductible
entertainment:No more deductible
Corp formation is tax free if:
(1) Shareholders contribute property (boot paid), not services
(2) In exchange for stock (nothing else)
(3) After transaction, shareholders own 80% or more of stock
Contribution of property subject to mortgage (debt) and debt relief is greater than the shareholder’s adjusted basis of asset ,
triggers gain recognition
Monette contributes building in exchange for 1,000 shares .
Adjusted basis of building $100,000
Mortgage 80,000
FMV of building 500,000
a.What is Monette’s gain?
Realized gain is 400,000USD.
but No gain recognized, tax-free exchange, because debt relief ($80,000) not greater that adjusted basis of asset ($100,000)
Notes
C Corp : Monette contributes building in exchange for 1,000 shares .
Adjusted basis of building $100,000
Mortgage 80,000
FMV of building 500,000
b.What is Monette’s basis in the stock?
Basis of building $100,000 Boot paid 0
Boot received (debt relief) (80,000)
Gain recognized 0
Basis of stock $ 20,000
C Corp : Monette contributes building in exchange for 1,000 shares .
Adjusted basis of building $100,000
Mortgage 80,000
FMV of building 500,000
c.What is Corp’s basis in the building?
Basis of asset in hands of shareholder $100,000
Gain recognized by shareholder 0
Basis of asset in hands of corporation $100,000
C Corp : Monette contributes building in exchange for 1,000 shares
Adjusted basis of building $ 100,000
Mortgage 130,000
FMV of building 500,000
a. What is Monette’s gain?
Adjusted basis $ 100,000 Boot received (130,000) Taxable gain $ 30,000
C Corp : Monette contributes building in exchange for 1,000 shares
Adjusted basis of building $ 100,000
Mortgage 130,000
FMV of building 500,000
b. What is Monette’s basis in the stock?
Basis of building $ 100,000 Boot paid 0
Boot received (debt relief) (130,000)
Gain recognized 30,000
Basis of stock $ 0
C Corp : Monette contributes building in exchange for 1,000 shares
Adjusted basis of building $ 100,000
Mortgage 130,000
FMV of building 500,000
c. What is the corporation’s basis in the building?
Basis of asset in hands of shareholder $ 100,000
Gain recognized by shareholder 30,000
Basis of asset in hands of corporation $ 130,000
Contribution=Charity
individual:
Corp:
individual:up to 60% of AGI
Corp:up to 10% of subpoint A
Proceeds from a key-person life insurance policy
corporation beneficiary is
excludable from gross income
Amortize $5,000 in the first year and the remainder (up to $50,000) straight-line over 15 years (180 months)
Phase-out: Lose $5,000 first-year deduction when costs exceed $50,000, dollar for dollar
Organization fee include
a. Cost to draft corporate charter
b. Costs of organizational meetings (minutes, etc.)
c. Incorporation fees
d. Legal and accounting fees
Organization fee exclude
Costs to print and issue stock > reduction of APIC
Business Start-up Costs
(treat as same as orgnaize cost) include
a. Survey market
b. Advertise grand opening
c. Training employees before opening
Business Gifts: Deductible up to
Business Gifts: Deductible up to a limit of $25 per person per year
Political Contributions is
Nondeductible!
Premiums for key-person life insurance policy is
Nondeductible!
Proceeds from the policy is non taxable
Capital gains are taxed
at a corp’s marginal tax rate
Corp Capital loss
3 back 5
Indivi Capital loss
up to 3,000USD for the year and carry forward indefinitely
General rule:
DRD is the lesser of:
- DRD percentage × taxable income before the DRD
2. DRD percentage × dividend received
Exceptions to General Rule:
- If a corporation has NOL before the DRD, then ignore the general rule, and take the full DRD
- If the full DRD creates NOL, then ignore the general rule, and take the full DRD (If full DRD does not create NOL, then use the general rule)
DRD does not apply to
S corporations, real estate investment trusts (REIT’s), personal service corporations, and personal holding corporations
Distribution Rules
a. current E&P is positive, accumulated E&P is negative
Don’t net them!
Distribution Rules
b. current E&P is negative, accumulated E&P is positive
Net them!
If appreciated property distributed,
If appreciated property distributed, gain recognized as if sold to third party
Consolidated %
80%!
Tax free reorganization
a. stock for stock with acquiring corporation less than 80%
b. bankruptcy reorganization
Penalty tax of XX% on accumulated earnings beyond reasonable needs of business
20%