Exam Cheat Sheet Flashcards

1
Q

What constitutes as “Qualified Business Income” (QBI)?

A

QBI is defined as the ordinary income less ordinary deductions a taxpayer earns from a “qualified trade or business” conducted in the United States by the taxpayer.

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2
Q

What is a “Qualified Trade or Business”?

A

Includes any trade or business other than providing services as an employee.

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3
Q

How is a QBI Deduction (generally) claimed?

A

In general, the deduction for qualified business income is the lesser of:
• 20% of qualified business income (QBI), or
• 20% of modified taxable income.

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4
Q

What is the “Corporate Tax Rate”?

A

21%

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5
Q

————————– BACKGROUND ——————————–
Ted, a married sole proprietor, has $210,000 of qualified business income and a modified taxable income of $250,000.

  • ————————- QUESTION ——————————–
    (1) What is his QBI deduction?
    (2) What is his final taxable income?
A

QBI deduction is the lesser of:
[A] 20% of qualified business income = $210,000 x 20% = $42,000

AND

[B] 20% of modified taxable income = $250,000 x 20% = $50,000
——————————— THEREFORE——————————

(1) QBI Deduction is $42,000

————————– Final Taxable Income————————–(2) Final taxable income is:
• $250,000 modified taxable income - $42,000 QBI deduction = $208,000

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6
Q

————————– BACKGROUND ——————————–
(A) Higgins, a married sole proprietor, has one employee, who he paid $160,000 this year, and the business has no significant qualified property.

(B) Qualified business income of $500,000

(C) Modified taxable income of $600,000.

  • ————————- QUESTION ——————————–
    (1) What is his QBI deduction?
    (2) What is his taxable income?
A

QBI deduction is the lesser of:
[A] 20% of qualified business income = $500,000 x 20% = $100,000

[B] 50% of W2 Wages = 50% of $160,000 = $80,000

AND CANNOT EXCEED:
[C] 20% of modified taxable income = $600,000 x 20% = $120,000
——————————— THEREFORE—————————-

(1) QBI Deduction is $80,000

————————– Final Taxable Income————————–(2) Final taxable income is:
• $600,000 modified taxable income - $80,000 QBI deduction = $520,000

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7
Q

————————– BACKGROUND ——————————–
Rupert, a married sole proprietor:

(A) Qualified Business Income of $400,000;
(B) Modified Taxable Income of $500,000;
(C) W-2 wages = $150,000;
(D) Property worth $600k (land value is $100k)

  • ————————- QUESTION ——————————–
    (1) What is his QBI deduction?
    (2) What is his taxable income?
A

QBI deduction is the lesser of:
[A] 20% of qualified business income = $500,000 x 20% = $100,000

VS. The GREATER OF:
[B] 50% of W2 Wages = 50% of $150,000 = $75,000
[C] 25% of W2 Wages + 2.5% of Depreciable Property
= 25% of $150,000 + 2.5% of $500k = $50,000

AND CANNOT EXCEED:
[D] 20% of modified taxable income = $500,000 x 20% = $100,000
——————————— THEREFORE—————————-

(1) QBI Deduction is $75,000

————————– Final Taxable Income————————–(2) Final taxable income is:
• $500,000 modified taxable income - $75,000 QBI deduction = $475,000

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8
Q

Who can be partners in a partnership?

A
A “person” can be:
• Individual.
• Trust.
• Estate.
• Corporation.
• Association.
• Another partnership.
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9
Q
  • —————-Partnerships vs. C corporations————
    (1) How are partnership income taxed?
    (2) How are C Corp’s income taxed?
A

(1) Partnership: No separate entity-level income; Income flows through to partners.
(2) C Corp: Corporate income tax applies.

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10
Q
  • —————-Partnerships vs. C corporations————
    (1) How are partnership distributions taxed?
    (2) How are C Corp’s distributions taxed?
A

(1) Partnership:
Distributions generally not subject to a separate tax

(2) C Corp:
Distributions generally taxed as dividend income

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11
Q
  • —————-Partnerships vs. C corporations————
    (1) Describe partnership employment taxes
    (2) Describe C Corp employment taxes
A

(1) Partnership:
Some allocations are subject to employment tax

(2) C Corp:
Compensation to employees always subject to payroll tax

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12
Q
  • —————-Partnerships vs. C corporations————
    (1) What is partnership liability like?
    (2) What is C Corp liability like?
A

(1) Partnership:
Shareholder liability depends on type of partner but can be unlimited.

(2) C Corp:
Shareholder liability is limited.

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13
Q
  • —————-Partnerships vs. C corporations————
    (1) What is partnership formation like?
    (2) What is C Corp formation like?
A

(1) Partnership:
Partnerships are easier and less expensive to form. Partners register the business with the state and obtain any required business licenses and permits.

(2) C Corp:
It’s more complicated and expensive to form a corporation. You’ll have many complex legal and tax requirements, as well as many administrative fees. You’ll file an Articles of Incorporation to form a corporation. You must also obtain the necessary licenses and permits. In most cases, corporation founders hire lawyers to help with the process due to the complexity.

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14
Q
  • —————-Partnerships vs. C corporations————
    (1) What is the partnership entity return form?
    (2) What is the corporate return form?
A

(1) Partnership:
Form 1065

(2) C Corp:
Form 1120

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15
Q
  • —————-Partnerships vs. C corporations————
    (1) How do partnerships raise capital?
    (2) How do c corps raise capital?
A

(1) Partnership:
Partner’s bringing in own money or collectively acquiring a loan.

(2) C Corp:
Equity capital may be raised by selling stock to investors

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16
Q

———————–Forming a Partnership———————
When a partner contributes capital or property, how is a gain or less recognized?

A

[1] As a general rule, NO GAIN OR LOSS IS RECOGNIZED by a partner or partnership on the contribution of money or property.

[2] Gain (loss) DEFERRED UNTIL TAXABLE DISPOSITION of property by the partnership or partnership interest by the partner.

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17
Q

When a partner contributes capital or property, what is the partnerships basis in the property?

A

The partnership takes a carryover basis in the contributed assets it receives (i.e., the partner’s basis in the asset carries over to become the partnership’s inside basis in the asset).

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18
Q

When a partner contributes capital or property, what is the partner’s basis in the property?

A

The partner takes a substituted basis in the partnership interest (i.e., the partner’s basis in the contributed assets transfers over to become the partner’s outside basis in the partnership interest).

19
Q

When a partner contributes capital or property, what is the partnership’s holding period for the assets?

A

The partnership’s holding period for the contributed assets includes the period during which the partner owned the assets.

20
Q

————————– BACKGROUND ——————————–

Roy transfers a capital asset with:
[A] Adjusted basis of $10,000;
[B] Fair Market Value of $30,000.

For a 33% interest in a partnership.

————————– QUESTION ——————————–

[1] What is Roy’s realized and recognized gain
in the transaction?

[2]What is Roy’s outside basis in the partnership?

[3] What is the partnership’s inside basis in the capital asset?

A

[1a] Realized Gain = $20k (via pre-contribution gain)
[1b] Recognized Gain = $0

[2] Outside Basis Gain = Substituted Basis = $10k

[3] Partnership Basis = Carryover Basis = $10k

21
Q

————————– BACKGROUND ——————————–
Keeley:
[A] 40% partner

When forming the partnership, contributed land with:
[B] Fair Market Value of $800,000;
[C] Basis of $600,000

[D] Partnership then sells the property for $1,100,000.
————————– QUESTION ——————————–

[1] What is the pre-contribution gain or loss to Keeley?
[2] How much gain or loss does she recognize when West Ham sells the property?

A

[1] Precontribution gain is $800,000 fair market value - $600,000 basis = $200,000

[2] Keeley’s gain is $200,000 precontribution gain + $120,000 ($300,000 appreciation of land when owned by West Ham x 40% partnership interest) = $320,000

22
Q

———————Economic Effect Test————————

Why was it put into place?

A

The economic effect test was put in place to ensure that allocations do not result in undue tax revenue losses to the Treasury.

23
Q

———————Economic Effect Test————————

What are the three (3) general requirements?

A

(1) Capital accounts must reflect contributions and distributions at their fair market values.
(2) When a partnership interest is liquidated, a partner with a positive capital account must receive assets with a fair market value equal to the positive balance.
(3) When a partnership interest is liquidated, a partner with a negative capital account must restore that account upon liquidation, generally by contributing cash.

24
Q

———————– PARTNERSHIP—————————–
How do you calculate inside basis?

A

The partner’s basis in the asset carries over to become the partnership’s inside basis in the asset

25
Q

———————– PARTNERSHIP—————————–
What is a partner’s outside basis?

A

The partner’s outside basis represents each partner’s basis in the partnership interest.

26
Q

———————– PARTNERSHIP—————————–
What is the equation for Net Outside Basis, which includes the following:

Net Outside Basis = 
[_] Contributed Capital
[_] % of Income
[_] % of Loss
[_] Separately Stated Items
[_] Distributions
[_] % of Partnership Liabilities
[_] Contributed Liabilities
A
Net Outside Basis = 
[+] Contributed Capital
[+] % of Income
[-] % of Loss
[+] Separately Stated Items
[-] Distributions
[+] % of Partnership Liabilities
[-] Contributed Liabilities
27
Q

———————– PARTNERSHIP—————————–
How would the following effect a partner’s adjusted basis?

[] Increase in partner’s share of income
[
] Increase in partner’s share of losses
[] Increase in partner share of nondeductible expenses
[
] Increase in partner’s share of liabilities
[] Increase in partner’s contributions
[
] Decrease in partner’s share of liabilities

A

[+] Increase in partner’s share of income
[-] Increase in partner’s share of losses
[-] Increase in partner share of nondeductible expenses
[+] Increase in partner’s share of liabilities
[+] Increase in partner’s contributions
[-] Decrease in partner’s share of liabilities

28
Q

Jack owns a 25% interest in Reacher LLC. His basis in the LLC interest is $40,000 and the fair market value is $70,000.

The LLC distributes $25,000 cash to Jack and land with an adjusted basis of $13,000 and a fair market value of $30,000.

After the distribution, what is Jack’s basis in the LLC interest, what is his basis in the land, and what is the fair market value of his interest in the LLC?

A

[1] Basis in the LLC is $40,000 starting basis - $25,000 cash distribution - $13,000 basis of land distributed = $2,000.

[2] Basis in the land is $13,000 carryover basis

[3] Fair market value of interest in the LLC is:
($70,000 starting FMV) - ($25,000 cash distribution) - ($30,000 fair market value of land) = $15,000.

29
Q

[A] Roscoe has a $50,000 basis in Kliner LLC.
[B] The LLC distributes land to Roscoe with a basis of $60,000 and a fair market value of $100,000.

[1] Does Roscoe recognize gain on the distribution?
[2] What is Roscoe’s basis in the property?
[3] What is Roscoe’s basis in the LLC?
[4] What is the outcome if Roscoe turns around and sells the property for $100,000?

A

[1] Roscoe does not recognize a gain on the distribution
[2] Roscoe’s basis in the property is $50,000 substituted basis.
[3] Roscoe’s basis in the LLC interest is $50,000 starting basis - $50,000 basis in land received = $0.
[4] Roscoe recognizes a gain on the sale of $100,000 sales price - $50,000 substituted basis = $50,000.

30
Q

When Finlay’s outside basis is $40,000, he receives a liquidating distribution of $7,000 cash and a proportionate share of inventory with a basis of $3,000 and a fair market value of $10,000.

[1] What amount and type of gain or loss does Finlay recognize on the liquidating distribution?

A

[1] Finlay recognizes a loss of $40,000 starting basis - $7,000 cash distribution - $3,000 inventory basis = $30,000 capital loss.

31
Q

————————- Self-Employment Tax——————-
Is a general partner subject to self-employment income?

A

Yes.

Self-employment income includes a general partner’s distributive share of income from a partnership’s trade or business.

32
Q

————————- Self-Employment Tax——————-
Is a limited partner subject to self-employment income?

A

Yes - if he/she performed services.

No - if he/she was just an investor.

33
Q

————————- Self-Employment Tax——————-
Are guaranteed payments subject to a self-employment tax?

A

YES IF - Both general and limited partners are subject to the self-employment taxes on any guaranteed payments for SERVICES.

NO IF - Guaranteed payments for use of the partner’s CAPITAL are not subject to the self-employment tax

34
Q

————————- Self-Employment Tax——————-
What are the parts and calculation of self-employment tax?

A

(1) 12.4% tax for Social Security on up to $142,800 of self-employment income
(2) 2.9% tax for Medicare

35
Q

Margrave Partnership had income of $60,000 in the first six months of the year and $2,000 in the last six months of the year.

Exactly halfway through the year, Paul sold his 40% interest in Margrave Partnership to Mosley.

How much income will Paul and Mosley be
allocated, respectively, under the interim closing method?

A

Interim closing method:
• Paul is allocated $60,000 x 40% = $24,000.
• Mosley is allocated $2,000 x 40% = $800.

36
Q

Margrave Partnership had income of $60,000 in the first six months of the year and $2,000 in the last six months of the year.

Exactly halfway through the year, Paul sold his 40% interest in Margrave Partnership to Mosley.

How much income will Paul and Mosley be
allocated, respectively, under the proration closing method?

A

• Total annual income is $62,000.
• Amount allocated to the 40% partnership interest is $62,000 x 40% = $24,800.
• Paul is allocated $24,800 x 50% (owned partnership interest for exactly one-half of the
year) = $12,400.
• Mosley is allocated $24,800 x 50% (owned partnership interest for exactly one-half of
the year) = $12,400.

37
Q

—————————- 754 Elections ————————
When does a 754 election take place?

A

A potential §754 adjustment arises any time a transaction could change the balance between the total partners’ outside bases in their partnership interests and the partner’s inside basis in its assets.
• The transactions that could trigger an out-of-balance situation fall into two general categories:
• Sale or transfer of a partnership interest.
• Certain distributions of partnership property.

38
Q

—————————- 754 Elections ————————
What happens if a 754 election is made after a sale of partnership interest?

A

If a §754 election is made, the partnerhip’s basis in its assets can be adjusted to reflect the purchase price paid by the new partner.

39
Q

——————————- S CORP ——————————-

What are the rules for whether an entity is eligible to elect S corporation status?

A

[1] S-Corp within 5 years?
[2] Is a small company?
[3] Pass S-Corp test
[4] File form 2553

[5] In US? 
[6] shareholders <= 100?
[7] No non-resident aliens? 
[8] One class of stock? 
[9] Only people, estates, trusts as shareholders
40
Q

——————————- S CORP ——————————-

What can cause S corporation status revocation?

A

[1] Majority shareholders voluntary revoke
[2] Corp no longer qualifies
[3] Corp fails passive income test

41
Q

——————————- S CORP ——————————-

What is the equation for Excess Net Passive Income?

A

([Passive Income - GR/4] / [Passive Income]) * Net Passive Income = ENPI

42
Q

Brennan Inc., an S corporation, generates $264,000 of gross receipts for the year, of which $110,000 is PII. Expenditures directly related to the production of the PII total $30,000.

(1) What is Brennan’s Net PII?
(2) What is its ENPI?
(3) What PII tax will it pay?

A

(1) Net PII is $110,000 - $30,000 = $80,000

PII minus 25% of gross receipts = $110,000 – ($264,000 x 25%) = $44,000
(2)ENPI = ($44,000/$110,000) x $80,000 = $32,000

(3) PII tax = $32,000 x 21% = $6,720

43
Q

——————————- S CORP ——————————-
To make an election:
[What percent of] shareholders must consent?

A

100%

44
Q

——————-S Corporation Distribution ——————
Dutton Inc. (an S corporation) distributes $1,300 cash to Elsa, its only stockholder, on December 31st. Elsa’s basis in her stock is $1,400, Dutton’s AAA balance is $500, and Dutton holds $750 AEP before the distribution.

(1) What is the tax effect of the distribution, and
(2) What is Elsa’s stock basis after the distribution?

A

(1A)The first $500 of the distribution is a tax-free recovery of basis from the AAA [This reduces her stock basis]

(1B) The next $750 is a taxable dividend distribution from AEP; the remaining $50 is a tax-free recovery of basis

(2) Elsa’s new stock basis is $850 = $1400 - 500 - 50