Deck 1 Flashcards

1
Q

What is the minimum amount of self-employment income that requires filing a tax return?

What is the minimum amount of W-2 income?

A

$400

In excess of the personal exemption or standard deduction.

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2
Q

If alimony, prior to 2019, is set for a period of 10 years (or any other set amount of time) is it deductible?

A

No! It’s not alimony if it can extend beyond the life of the ex.

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3
Q

What is the recognized gain in a like-kind exchange?

A

The lesser of realized gain or boot rec’d.

If you’re basis is 50k, and your FMV is 100k, and you exchange for 75k FMV + 25k in cash, your realized gain is 50k, and your boot is 25k. You have to recognize 25k.

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4
Q

What is the recognized gain/loss if you exchange basis 100k, FMV 85K for FMV 75K + $10K?

A

Zero. Losses in like-kind exchanges aren’t recognized.

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5
Q

What is ‘revaluation’ in terms of currency?

A

Appreciation or increase.

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6
Q

What does Jensen’s alpha measure?

A

How an investor performs given the level of risk they took.

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7
Q

What is the formula for alimony recapture?

A

R3 = P1 + P2 - 2P3 - 37,500

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8
Q

Are things owned JTWROS included in gross estate?

Are previous gifts?

A

JTWROS items are includable.

Gifts with no gift tax paid are not.

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9
Q

What is the max a self-employed person can contribute to a 401k (counting employer contribution)?

A

Net SE income - 1/2 SE tax x .2 = max ER contribution

Add deferral limit and 50+ catch up provision

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10
Q

What would you fund a generation skipping trust with?

A

The lifetime exemption: $11,700,000

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11
Q

What is the principle of indemnity in insurance?

What type of insurance best supports it?

A

The insured should get exactly what they lost; no more, no less.

Actual cash value best reflects this.

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12
Q

What is the penalty for an organization deemed a personal holding company?

A

20% of undistributed income.

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13
Q

How long do you have to identify and close on a new property in a 1031 exchange?

A

45 days to identify, 180 to close.

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14
Q

Can you claim your spouse as a dependent?

A

No.

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15
Q

What are the 3 requirements to file an S. Corp?

A
  • No more than 100 shareholders.
  • No more than 1 class of stock.
  • Shareholders must be citizens or resident aliens.
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16
Q

If you become disabled and are required to build an elevator in your house that costs $30k, and increases your home value by $10k, and your income is 30k, how do you calculate your medical expense deduction?

What if you have to build a ramp?

A

30k - .1(30k) = 27k

Ramp improvements to home value don’t need to be included, but ramps can be included as a medical expense.

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17
Q

If your basis in a building is 100k, FMV = 200k, it burns and you get insurance for 200k, but only spend 190k on a new building, do you have a capital gain?

A

Yes.

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18
Q

Are damages for bodily injuries excludable in gross income?

Are damages to your reputation and good name?

A

Yes—damages for bodily injuries are excludable.

No—damages to reputation are in the same category as punitive or pain and suffering damages; they must be included in gross income.

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19
Q

What is the maximum deduction for losses in active participant real estate?

Is there an AGI cap?

A

The maximum deduction in 1 year is 25k.

There is a MAGI cap of 100 to 150k. Deduct $1 from the 25K for every $2 you’re over the MAGI cap.

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20
Q

When can you not net LTCG w STCG?

A

When they’re both of the same sign; both positive or both negative.

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21
Q

If you rent your property for less than 15 days, is the income taxable?

22
Q

If you use your rental property for more than the greater of 14 days, or 10% of rental days, how is it taxed?

A

It’s mixed use property; it’s taxed by hobby loss rules:

  • Report all income
  • You can only claim expenses to the extent of income (the property cannot generate a loss)
23
Q

What is the primary taxation difference between an S-Corp and a C-Corp?

A

S-Corps are taxed flow-thru to the owners.

C- Corps pay taxes in their own right.

24
Q

Are assets in a testamentary trust subject to probate?

A

Yes, because the trust is established through the will, the assets must go through probate to get to the trust.

25
How do you do ‘which manager beat the market’ questions if you have only one of B or St. D for your portfolio options?
Remember the B of the market is 1, so if they give you St. D of the market you can calculate Sharpe and Trainor for the market and just calculate whichever is applicable for the given portfolios.
26
Do assets need to be re-titled if they pass thru probate?
Yes
27
When is a trip outside the US purely for business? 4
- traveler is not in charge of scheduling the trip. - trip lasts less than 7 days. - trip is less than 25% vacation. - vacation is not the primary purpose of the trip.
28
What 3 things are true of a 1031 exchange on rental property destroyed in a fire?
- 1031 treatment is not mandatory. - Replacement property must be purchased within 2 years of EOY of year of fire. - Replacement property must be similar use.
29
If you don’t answer a complaint, can you have your marks revoked?
Yes.
30
Are QTIPs the same as marital trusts? Must the spouse be the only income beneficiary?
Yes Yes.
31
Can you take the UMD if your will has a survivorship clause that exceeds 6 months?
No!
32
Is there an AGI limit for rolling a 401k to a Roth? What is there?
There’s no AGI limit for rolling a 401k into a Roth. There’s a 10% penalty on withdrawals within the first 5 years.
33
Can you make an FLP with rental properties even if they’re managed by a property manager?
Yes.
34
What are “leased employees” and how do they impact QP tests?
Leased employees are working full time for a year. They must be counted in all plan tests, though they’re not necessarily eligible for benefits.
35
Does selling a financial asset require a fiduciary duty of a CFP?
Yes.
36
What is the tax filing difference between an LLC and an S-corp?
LLC’s have greater choice of which form to file.
37
What are a CFP’s options if a client refuses to supply their tax returns?
The CFP can either limit the scope or disengage.
38
What form is required to register with FINRA? What form is required to register with the SEC?
U-4 for FINRA. ADV parts 1+2 for the SEC.
39
Is tangible personalty used in a trade or business depreciable? What is its depreciation schedule?
Yes! 7 years MACRS.
40
What is the Parol Evidence Rule? What is Estoppel?
Parol Evidence - a written contract supersedes all oral contracts that came before. Estoppel - Once a right has been waived, a company cannot deny a claim.
41
What is blue book? Are they a source of substantial authority regarding tax law?
Congressional committee reports. Yes.
42
Are private letter rulings a substantial source of tax law? Are Treasury Regulations?
Yes Yes
43
What is Commerce Clearing House Federal Tax Guide?
The best source for plain language explanation of tax law.
44
What law created the first constitutional federal income tax? Which amendment made income tax constitutional?
The revenue act of 1913. The 16th.
45
What are the 3 stages of Treasury Regulations?
Proposed, temporary, and final.
46
What are Revenue Rulings?
Treasury interpretations of tax law on circumstances that are common to many tax payers.
47
What is the difference between Private Letter Rulings and Determination Letters?
Both are individual tax interpretations given by the IRS. Determination letters are issued after a transaction is complete. Private Letter Rulings interpret what the taxes would be if the individual went forward with a certain transaction.
48
How are NQSO’s taxed?
W-2 income on the bargain. ST or LT CG on the sale, depending on holding.
49
How long must you hold an ISO for optimal tax treatment? Is the bargain deductible to the employer?
2 years from grant, 1 year from exercise. Usually the bargain is deductible to the employer.
50
What is the cap on incentive stock options?
When an individual has FMV of more than 100K that they can exercise.