Entities Flashcards

1
Q

Corporation NOL rules

A

Before 2018: back 2, forward 20
2018-2020: back 5, forward indef.
After 2020: not back, forward indef.

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1
Q

NOL limitation for Corps starting in 2018

A

can only offset 80% of taxable income

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2
Q

Corporations capitol loss rule

A

Can only offset capital losses to extent of capital gains - excess can go back three and forward five

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3
Q

Formation of a corp

A

No gain or loss recognized

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4
Q

Corps basis in property contributed for formation of C Corp

A

greater of the shareholders basis in the property or the debt assumed - shareholders adjusted basis in property

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5
Q

Shareholders Basis in stock in formation of C Corp

A

total cash contributed plus adjusted basis of property transferred (reduced by any debt) plus the FMV of any services provided plus any gain recognized

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6
Q

Distributions from corporations

A

treated as dividends to extent of current EP and accum. EP - excess is capital gain (dividend amount is cash received or FMV)

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7
Q

Distribution of appreciated property

A

Corp recognizes a gain as if property has been sold (FMV of property - adjusted basis)

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8
Q

Stock redemption for c corp

A

when a corp buys back stock from shareholders - if it qualifies for sales or exchange treatment, then gain or loss is rec by shareholder. If NOT, treated as dividend to extent of EP

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9
Q

Corporate Liquidation - Corp sells assets and dist cash to shareholders (Corp side)

A

recognizes gain or loss on sale of assets

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10
Q

Corporate Liquidation - Corp sells assets and dist cash to shareholders (shareholder side)

A

recognize gain or loss (proceeds - stock basis)

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11
Q

Corporate Liquidation - Corp distributes assets to shareholders (corp side)

A

recognize gain or loss as if sold at FMV (FMV - basis)

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12
Q

Corporate Liquidation - Corp distributes assets to shareholders (shareholder side)

A

recognize gain or loss of FMV - stock basis

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13
Q

Any corp with greater than $500 tax liability owe in 4 estimated taxes - equal in 25% of annual required payment in lowest of:

A

100% of current year liability or 100% of tax liability from prior year

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14
Q

Property Contributions to S Corps

A

nontaxable if it is a contribution of property, solely in exchange for stock, and after the transfer shareholder has control of corp of 80%

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15
Q

three taxes imposed on S corp if previously taxed as C Corp

A

LIFO recapture tax, built in gains tax, and tax on passive investment income

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16
Q

limiations on pass through of losses

A

tax basis, at risk, passive activity loss, and excess business loss

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17
Q

nonliquidating property dist for S Corps

A

uses the FMV of property at date of distribution - S Corp recognizes a gain not a loss and is flowed through to individuals.. S Corp AAA is reduced by the FMV of property distributed

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18
Q

liquidation of S corp (same as C corp)

A

corp recognizes gain or loss as if sold at FMV

19
Q

distributions from an S corp in complete liquidation for shareholders

A

treated as payments in exchange to stock -

20
Q

Who can qualify as 503C organ in relation to sports

A

cannot provide athletic facilites or athletic equipment

21
Q

rents from property when personal services is also provided - like motel or hotel

A

excluded from UBI income

22
Q

three requirements of simple trust

A
  1. distribute all income to beneficiaries annually
  2. cannot make distributions form trust principal (corpus)
  3. cannot make distributions to charitable organizations
23
Q

Shareholder of an S corp contributed equipment - find gain amount

A

generally nontaxable, but if liabilities assumed are greater than basis of property contributed - difference is a gain that must be recognized

24
Q

S corp recognizes a gain on appreciated property that was distributed to its shareholder

A

FMV - adjusted basis = gain … gain is flowed through to S Corp shareholders and allocated based on their stock ownership %

25
Q

what increases AAA for an S corp

A
26
Q

what decreases AAA for an S corp

A
27
Q

formation of partnership

A

partners contribution to formation for partnership interest - no gain or loss is recognized

28
Q

best entity type for property contributions

A

partnerships or sole prop

29
Q

best entity type for business losses

A

any of the flow through entities, to stay away from double tax

30
Q

best entity type for compensation of owners

A

C or S corp

31
Q

best entity for nonliquidating distributions to owners

A

partnership - esp for appreciated property

32
Q

best entity for liquidating distributions to owners

A

partnerships if appreciated property - or corporations if it is depreciated property

33
Q

going from flow through to C corp

A

easy, just change on return

34
Q

going from C corp to S corp

A

make s election and meet requirements

35
Q

C corp to partnership or sole prop.

A

liquidate C corp and recognize gain or loss between FMV and adjusted basis….shareholder recognize capital gain or loss on difference between FMV and basis in stock

36
Q

trust accounting income

A

book income of the trust, used to determine amount required to be distributed to beneficiaries each year

37
Q

goes to trust corpus (principal)

A

capital gains and losses and casualty gains and losses are allcoated to corpus

38
Q

goes to accounting income (TAI)

A

most income and expense items - operating, taxable and tax exempt interest, dividends, rents, royalties, etc

39
Q

how are trust admin expenses allocated

A

between principal and corpus - ex trustee fees

40
Q

trust taxable income before distribution deduction

A

trust taxable income (includes cap gains) - deductible trust expenses = adjusted total income - expemption amount = answer

41
Q

simple trust exemption

A

300

42
Q

complex trust exemption

A

100

43
Q

nondeductible trust admin expenses

A

total admin expenses x (nontaxable income / trust accounting income)

44
Q

distributable net income for trust

A

trust taxable income + exemption - cap gains + capital losses + tax exempt interest - expenses allocated to tax exempt interest = DII

45
Q

if disposing of a partnership, in the year of disposal you can use what to offset any kind of income

A

passive activity loss carryovers

46
Q

how much can a married individual deduct for 1244 section loss

A

100,000 against ordinary income + the 3,000 capital loss portion