Final REG Review Flashcards

0
Q

Individual Taxation – Individual AMT Formula

A
REGULAR TAXABLE INCOME
± Adjustements
\+ Preferences
= ALTERNATIVE MINIMUM TAX INCOME
   – Exemption
   = ALTERNATIVE MINIMUM TAX BASE
      x Tax Rate
      = TENTATIVE AMT TAX
         – Tax Credits
         = TENTATIVE MINIMUM TAX
            – Regular Income Tax
            = ALTERNATIVE MINIMUM TAX
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1
Q

Individual Taxation – Income Tax Formula

A
GROSS INCOME
– Adjustments
= ADJUSTED GROSS INCOME
   – Exemptions
   – Standard or Itemized Deductions
   = TAXABLE INCOME
      x Tax Rate
      = FEDERAL INCOME TAX
         – Tax Credits
         \+ Other Taxes
         – Payments
         = TAX DUE/REFUND
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2
Q

Individual Taxation – Individual AMT Formula: Adjustments

A
a) Increase of Decrease = PANIC
    P = Passive activity losses
    A = Accelerate depreciation
    N = NOL of individual taxpayer
    I = Installment income of a dealer
    C = Contracts – % completion vs competed contract
b) Increase only
    – Add back personal exemptions
    – Add back standard deduction
    – If itemize
      – No phaseouts
      – Medical < 10% AGI allowed
      – No miscellaneous deductions
      –  Interest deduction on home equity loan not allowed
      – No deduction for taxes
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3
Q

Individual Taxation – Individual AMT Formula: Preferences

A

Always add back = PPP

P = Private activity bonds interest income
P = Percentage depletion over adjusted basis
P = Pre-1987 accelerated depletion
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4
Q

Individual Taxation – Individual AMT Formula: Exemptions

A

Exemption = $40,000

Phase out = 25% of AMTI over $150,000

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5
Q

Individual Taxation – Individual AMT: Credits

A
  1. Foreign Tax Credit
  2. Adoption Credit
  3. Child Tax Credit
  4. Retirement Contributions Credit
  5. Earned Income Credit
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6
Q

Individual Taxation – Carrybacks/Forwards

A

Net operating loss (sole proprietor)
– 2 year back
– 20 years forward

Passive activity loss
– No carryback
– Indefinite carryforward

Excess chartiable deduction
– No carryback
– 5 years carryforward

Foreign tax credit
– 1 year carry back
– 10 years carry forward

General business credit
– 1 year carry back
– 20 year carry forward

AMT credit
– No carryback
– Indefinite carryforward

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7
Q

Individual Taxation – Phaseouts, I
– Mom & Pop Exception to PAL Rules
– Personal Exemptions
– Deductible IRA

A

Mom & Pop exception to PAL rules
– Can deduct upt to $25,000 PAL/yr
– Phaseout 50% of AGI over $100,000
– Phaseout complete by $150,000 AGI

Personal Exemption
– 2% per $2,500 over AGI

Deductible IRA
– Contributions are deductible
– Phaseout at high AGI and active participation in another qualified plan

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8
Q

Individual Taxation – Phaseouts, II
– Coverdell Education Savings Account
– Child and Dependent Care Credit
– Lifetime Learning Credit

A

Coverdell Education Savings Account
– Contribute up to $2,000 per beneficiary per year
– Phaseout at high AGI

Child and Dependent Care Credit
– 20 - 35% of eligible expenses
– Max expenses = $3,000 for 1 child, $6000 for multiple children
– Phaseout = 1% per $2,000 above $15,000 AGI

Lifetime Learning Credit
– Up to 20% of $10,000 tertiary education expenses
– $2,000 maximum credit
– Phaseout at higher AGI

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9
Q

Individual Taxation – Phaseouts, III
– Retirement Savings Contributions Credit
–Adoption Credit
– Child Tax Credit

A

Retirement Savings Contributions Credit
– up to 50% of $2,000 contribution
– $1,000 maximum credit
– Phaseout at high AGI

Adoption Credit
– $12,970 per child
– Phaseout at high AGI

Child Tax Credit
– $1,000 per child
– Phaseout = $50 per $1,000 excess AGI

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10
Q

Individual Taxation – Phaseouts, IV
– American Opportunity Credit
– Exemption for AMT

A

American Opportunity Credit
– $2,500 maximum credit
– Phaseout at high AGI

Exemption for AMT
= $40,000
– Phaseout = 25% of AMTI above $150,000

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11
Q

Individual Taxation – Itemized Deductions: Pease Limitation

A

Pease limitation = lesser of:
1) 3% excess AGI
or 2) 80% otherwise allowable itemized deduction

Pease limitation doesn’t apply to
– Medical expense (10% AGI floor)
– Investment interest expense (limited to net investment income)
– Casualty and theft ($100/event + 10% AGI floor)
– Gambling losses (limited to gambling wins)

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12
Q

Individual Taxation – Itemized Deductions that Pease Limitation applies to

A
Pease limitation applies to
– State, local, foreign taxes
– Interest expense for 1st or 2nd home
– Charitable contributions
– Miscellaneous itemized deductions (2% AGI floor)
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13
Q

Itemized Taxation – Tax Credits: Refundable Credits

A
  1. Child Tax Credit
  2. Earned Income Credit
  3. Withholding Tax
  4. Excess Social Security Tax Withheld
  5. American Opportunity Act
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14
Q

Individual Taxation – Tax Credits: Nonrefundable Credits

A
  1. Child and Dependent Care Crdit
  2. Elderly and Permanently Disabled Credit
  3. Lifetime Learning Credit
  4. Retirement Savings Contribution Credit
  5. Foreign Tax Credit
  6. Residential Energy Efficient Property Credit
  7. General Business Credit
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15
Q

Individual Taxation – Statute of limitations

A

Assessment of additional tax
– 3 years from later of return due date or filing date
– 6 years if 25%+ income understatement
– No limit if fraud

Filing to claim refund
– 3 years from return due date or 2 years from when tax paid
– Bad debt/worthless stock = 7 years from later or due date or filing date.

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16
Q

Individual Taxation – Tax Payments

A

Prepayments during tax year
– Withholding
– Social Security withholding
– Estimated tax payments

Make quarterly payments if
1) tax liability exceeds withholding by $1,000+
or
2) withholding is the lesser of a) 90% current year’s tax or b) 100% last year’s tax (110% if high AGI)

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17
Q

C Corprations –Formation: Shareholders

A

No gain or loss recognized unless

  1. Boot received
  2. Liabilities assumed > adjusted basis

Boot received
– Gain is lesser of 1) gain realized, or 2) FMV boot received

Liabilities assumed > adjusted basis
– Gain = liabilities assume – adjusted basis

Adjusted basis in stock
= Adjusted bass of property transferred
   \+ Gain recognized
   – Boot received
   – Liabilities assumed by corporation
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18
Q

C Corporations – Formation: Corporation

A

No gain or loss recognized

Basis in property received is greater of

1) Shareholder’s basis in property,
2) Liability assumed by corporation

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19
Q

C Corporation – Book Income

A

INCOME
– Expenses
= NET INCOME BEFORE TAXES
– Tax
= NET INCOME AFTER TAXES
± Income/loss from discontinued operations, net of tax
± Extraordinary gain/loss, net of tax
± Accounting adjustments and changes, net of tax
= NET INCOME

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20
Q

C Corporation –Taxable Income

A
GROSS INCOME
– Deductions
= INCOME BEFORE SPECIAL DEDUCTIONS
   – Charity
   – Dividends Received Deduction
   = TAXABLE INCOME
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21
Q

C Corporation – Income Tax Formula

A
GROSS INCOME
– Deductions
= INCOME BEFORE SPECIAL DEDUCTIONS
   – Charity
   – Dividends Received Deduction
   = TAXABLE INCOME BEFORE CARRYBACKS/FORWARDS
     – NOL & Net Capital Carryback/forwards
     = TAXABLE INCOME
         x Tax Rate
         = TAX LIABILITY
            – Tax Credits
            \+ Other Taxes
            = TAXES DUE
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22
Q

C Corporation – Special Deductions

A

Charitable Deductions limited to 10% of Income before Special Deductions
– Excess carried forward

Dividends received deduction
– 70% for 0 - 20% ownership
– 80% for 20 - 80% ownership
- 100$ for 80%+ ownership

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23
Q

C Corporations – Carryforwards/backs

A

NOL carried back 2 years, forward 20 years

Net Capital Loss carried back 3 years, forward 5 years

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24
Q

C Corporations - Filing

A

15th day of 3rd month after year-end

Accrual accounting for
- Inventory
– Tax Shelters
– Certain farming corporations
– C corps/trusts with UBI/partnerships that have C corp partners with $5 million receipts for last 3 years
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25
Q

C Corporations - Statute of Limitations

A

Assessment of additional tax: 3 years

– 6 years for 25% misstatement

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26
Q

C Corporation – Estminated Payments

A

15th day of 4th, 6th, 9th, and 12th month

Underpayment if don’t makes estimated payment and owe $500+

Small/medium corporations pay lesser of

1) 100% current year tax, or
2) 100% of last year tax

Large corporations pay 100% current year tax

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27
Q

C Corporation – Corporate AMT Formula

A
REGULAR TAXABLE INCOME
± Adjustment
\+ Preferences
= UNADJUSTED ALTERNATIVE MINIMUM TAXABLE INCOME
   ± ACE Adjustment
   – AMT NOL Deduction
   = ALTERNATIVE MINIMUM TAXABLE INCOME
     – AMT Exception
     = AMT BASED
        x 20%
        = GROSS AMT
           – Foreign Tax Credit
           = TENTATIVE MINIMUM TAX
              – Regular Tax Liability
              = ALTERNATIVE MINIMUM TAX
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28
Q

C Corporation – Corporate AMT Formula: Adjustments

A

LID
L = Long-term Contracts
I = Installments Sales
D = Depreciation (post-1986 acquisitions)

29
Q

C Corporation – Corporate AMT Formula: Preferences

A

PPP
P = Percentage depletion
P = Private activity bonds
P = PRe-1987 ACRS depreciation

30
Q

C Corporation – Corporate AMT Formula: ACE Adjustment

A

ACE Adjustment
= 0.75 x (ACE – Alternative Minimum Taxable Income)

MOLDD
Adjusted Current Earnings
= Unadjusted alternative minimum taxable income
+ Municipal bond intérêts
+ Organizational expense amortization deduction
+ Life insurance proceeds on key employees
+ Depreciation: AMT less ACE depreciation
+ Dividends received deduction (70%) deduction

31
Q

C Corporation – Corporate AMT: Exemption

A

$40,000 - 25% (alternative minimum taxable income – $150,000)

32
Q

C Corporation – Accumulated Earnings Tax

A

Tax if Retained earnings > $250,000

Doesn’t apply to
– Personal holding companies
– Tax-exempt corporations
– Passive foreign investment corporations

TAXABLE INCOME
– Charity
– Capital Losses
– Taxes
– Dividedns paid or deemed paid
= ACCUMULATED EARNINGS CREDIT
   – Remaining Credit
   = CURRENT ACCUMULATED TAXABLE INCOME
      x 20%
      = ACCUMULATED EARNINGS TAX
33
Q

C Corporations – Personal Holding Company Tax

A

Personal holding companies not subject to accumulated earnings tax. Subject to Personal Holding Company Tax instead

Triggered by high levels of investment income

Personal holding company gets 60% of its income from
– net rent
– interest that is taxable
– royalties
– dividends from an unrelated domestic corporation

34
Q

C Corporations - Current E&P

A
Corporate Taxable Income
– Negative adjustments
\+ Positive adjustments
± Positive/Negative adjustments
= Current Earnigns & Profits
35
Q

C Corporations - Current E&P: Negative adjustments

A

Federal income tax expense

Nondeductible penalties, fines, political contributions

Officer life insurance premiums (corporation is the beneficiary)

Expenses for production of tax-exempt income

Nondeductible charitable contributions

Nondeductible capital losses

36
Q

C Corporations - Current E&P: Positive adjustments

A

Refunds of federal income tax paid

Tax-exempt income

Refunds of items that were nto subject to regular tax under the tax benefit rule

NOL deductions

Life insurance proceeds where corporation is the beneficiary

Dividends received deduction used to calculate regular taxable income

Carryovers of capital losses that impacted taxable income

Carryovers of charitable contributions that impacted taxable income

Nontaxable cancellation of debt not used to reduce basis of property

37
Q

C Corporations - Current E&P: Negative/Positive adjustments

A

Losses and gains that have different effects on taxable income versus E&P

Changes in the cash surrender value of certain life insurance policies

Excess depreciation for E&P over that for regular income tax

Differences in allowable deductions for organizational and start-up expenses

Installment income method adjustments

Completed contract income vs. percentage-of-completion income
adjustments

Amortization of intangible drilling costs adjustments

Section 179 expense per regular tax versus ratable depreciation on the same property using a 5-yr life

38
Q

C Corporations - Types of Liquidations

A

A = mergers or consolidations

B = acquisition, stock for stock

C = acquisition, stock for asset

D = divide into separate operating corporations

E = recapitalizations

F = change in identity, form, or place of organization

39
Q

Worthless Stock

A

Only applies to original stockholders

Deduct up to $50,000 as ordinary loss (instead of capital loss)

Excess is capital loss

40
Q

Property Transactions – Non-capital assets

A

Inventory

Accounts and notes receivables

Depreciable assets used in a trade or business (section 1231, 1245, 1250 property)

Copyrights, literary, musical, or artistic compositions held by the original artist with the exception of musical compositions which receive capital gain treatment

Treasury stock

41
Q

Property Transaction – Capital Assets

A

Property held for personal use

Assets held for investment

Goodwill of a corporation

Stocks and securities except those held by dealers

Copyrights, literary, musical, or artistic compositions that have been purchased

Interest in a partnership

42
Q

Property Transactions – Realized Gain or Loss

A

Realized Gain or Loss
= Amount realized
– Adjusted basis

Amount realized
= Cash received
   \+ FMV property or services received
   \+ Liabilities assumed by buyers
   – Selling Expenses

Adjusted basis
= cost or other acquisition basis of property
+ capital improvements
– depreciation, amortization, and depletion

43
Q

Property Transactions – Adjusted Basis

A

Purchased Property = Cost

Gifted property basis = donor’s rollover basis
– Exception: FMV < rollover cost basis
1) Sale price> rollover cost = gain, basis = rollover basis
2) Sale Price < FMV = loss, basis = FMV
3) FMV < Sale price < Rollover Cost = no gain/loss, basis = sale price

Inherited property = FMV on death or alternate valuation date

44
Q

Property Transactions – Excluded or Deferred Gains

A

HIDE IT

H = Homeowner's Exclusions
I = Involuntary conversion
D = Divorce property settlement
E =  Exchange of like-kind business and investment assets
I = Installment sales
T = Treasury and capital stock transactions
45
Q

Property Transactions – Excluded or Deferred Gains: Homeowner’s Exclusions

A

Limit $500,000 MFJ, $250,000 for everyone else

Owned and used house as principal resident for at least 2 of 5 last years

46
Q

Property Transactions – Excluded or Deferred Gains: Involuntary Conversions

A

Gain recognized to the extent proceeds are not reinvested
– Basis = acquisition cost – unrecognized gain

If all proceeds reinvested, no gain
– Basis = basis of old asset + additional amount invested

47
Q

Property Transactions – Excluded or Deferred Gains: Divorced Property Settlement

A

Nontaxable event

Carryover basis

48
Q

Property Transactions – Excluded or Deferred Gains: Exchange of Like-Kind Business/Investment Assets

A

Pure-like kind exchange = no gain recognized

If non-like kind exchange
– Gain recognized is lower of
1) realized gain, or
2) boot

Basis of new property
= Basis of property given up
   \+ Boot or money given up
   – Boot or money received
   \+ Gain recognized
49
Q

Property Transactions – Excluded or Deferred Gains: Installment Sales

A

Gains not excluded – gains deferred until cash collected

Taxable income (earned revenue)
= Cash collection x Gross Profit

Gross profit %
= Gross Profit + Sales Price

Gross Profits = Sales – COGS

50
Q

Property Transactions - Nondeductible Losses

A
  1. Wash Sale Losses
  2. Related party transactions
    – Related parties = Direct relatives, spouse, entities 50%+ owned by individuals, corporations, trusts, and/or partnerships
  3. Personal loss
51
Q

Property Transactions - Nondeductible Losses: Related Party Transactions

A

Basis depends on buying related party’s final selling price

Final selling price > Selling related party’s basis = gain
– Basis = selling related party’s basis

Final selling price < price between parties = loss
– Basis = price between parties

Price between related parties < final selling price < selling related party’s basis = no gain or loss
–Basis = final selling price

52
Q

Property Transactions – Individual Capital Gain Loss Rules

A

$3,000 max deduction of net capital losses

Excess carried forward indefinitely, maintain character as long-term or short term

Personal bad debt treated as short-term capital loss in year debt becomes worthless

53
Q

Property Transactions – Corporate Capital Gain Loss Rules

A

No special $3,000 deduction

No lower capital gains rate

Net capital gains added to ordinary income and taxed at regular rate

Net capital losses can’t be deducted against ordinary income
– 3 year carry back and 5 year carry forward

54
Q

Property Transactions – Depreciation: MACRS for Non Real-estate property

A

Half-year convention
– mid-quarter if 40%+ placed in service in last quarter of the month

5 year
– cars, computers, copiers etc
– 200% declining balance method*

7 year
– Office furniture, equipment
– 200% declining balance method*

15 year
– sewage treatment plantsman telephone distribution plants
– 150% declining balance method*

  • ignore salvage value
54
Q

Property Transactions – Depreciation: MACRS

A

MACRs for Property other than real estate
– 200%: 3-, 5-, 7-, and 10- year property
– 150%: 15-, and 20-year property
– Half-year convention, unless purchase more than 40% of property in the last quarter, then mid-quarter convention

MACRS for Real estate = leans and buildings
– Straight-line depreciation
– Residential = 27.5 years
– Nonresidential = 39 years
– Mid-month convention
55
Q

Property Transactions – Depreciation: MACRS for Real-estate

A

Straight line method

Ignore salvage value

Subtract land cost

Mid-month convention

Nonresidential property = 27.5 years

Residential property = 39 years

56
Q

Property Transactions – Section 179

A

Can elect to expense a fixed amount of depreciate property, in lieu of depreciation

Machinery and equipment: up to $500,000

Real estate: up to $250,000

SUV limited to $25,000

Amount reduced dollar for dollar by amount of property placed in service in excess of $2 million

Can’t take deduction if create net loss

57
Q

Property Transactions – Amortization

A

Intangibles amortized over 15 years

Start up and business organization costs – expense $5,000 immediately & amortize rest over 180 months
– Reduce $5,000 for every dollar over $50,000

Research expense amortize over 60 months

58
Q

Property Transactions – Section 1231

A

Section 1231 assets = depreciable business assets held over 12 months

Net Section 1231 gains treated as capital gains

Net Section 1231 losses treated as ordinary losses

59
Q

Property Transaction – Section 1245 Assets

A

Section 1245 Assets = Machinery and equipment used in a business and held for over 12 months

Lesser of (1) recognized gain or (2) accumulated depreciation recaptured as ordinary income 
– Excess Section 1241 gain recognized as Section 1231 gain i.e treated as capital gains

No such thing as Section 1245 Loss

60
Q

Property Transaction – Section 1250 Assets

A

Section 1250 Assets = Real business property

Recapture depreciation in excess of straight line, and up to accumulated deprecation as ordinary income.

Gain in excess of accumulated depreciation = Section 1231 gain i.e. capital gain.

No such things as Section 1250 Loss

61
Q

Estates & Trusts – Distributable Net Income

A

ESTATE/TRUST GROSS INCOME (includes capital gains)
– Estate (trust) deduction (ordinary and necessary)
= ADJUSTED TOTAL INCOME
+ Adjusted tax-exempt interest*
– Capital gain attributable to corpus
= DISTRIBUTABLE NET INCOME

62
Q

Estates & Trusts – Estate Transfer Tax Formula

A
GROSS ESTATE
– Nondiscretionary Deductions	
= ADJUSTED GROSS ESTATE
   – Discretionary Deductions	
   = TAXABLE ESTATE
      \+ Adjusted taxable gift (post-1976 gifts that were taxed)
      = TENTATIVE TAX BASE
	  × Uniform Tax Rates
	  = TENTATIVE ESTATE TAX
	     – Gifts Taxes Paid	(on post-1976 gifts)
	     = GROSS ESTATE TAX
		– Uniform Credit	(up to $2,045,800 credit)
		= ESTATE TAX DUE
63
Q

Estates & Trusts – Income Tax Formula

A
GROSS INCOME (includes capital gains)
– Deductions
– Distribution deduction (maximum is DNI)
– Personal exemption
= TAXABLE INCOME
   × Tax rates
   = GROSS TAX
     – Credits
     \+ Additional taxes
     = TAX PAYABLE
64
Q

Gift Tax Formula

A
GIFTS IN CURRENT YEAR
– $14,000/donnee exclusion
– Unlimited marital gifts
– Charitable gifts
= TAXABLE GIFTS THIS YEAR
   \+ Prior taxable gifts
   = CUMULATIVE TAXABLE GIFTS
      × Tax Rate
      = TAX ON CUMULATIVE TAXABLE GIFTS
	 – Gift tax paid on prior gifts
	 – Applicable credit
	 = TAX DUE ON CURRENT GIFTS
65
Q

Federal Court System

A

Trial Courts

  1. US Tax Court
  2. US District Court (trial by jury)
  3. US Court of Federal Claims

Appeals Courts
1. US Courts of Appeals
– Appeals from US Tax Court & US District Courts
2. Federal Courts of Appeals
– Appeals from US Court of Federal Claims and other specialized courts
3. Supreme Court
– Highest court

66
Q

AICPA Statements on Standards for Tax Services (SSTS)

A
  1. Tax Return Positions
  2. Answers to Questions on Returns
  3. Certain procedural aspects of preparing returns
  4. Use of Estimates
  5. Departure from position previously concluded in and administrative or court hearing
  6. Knowledge of an error
  7. Form and content of advice to taxpayers
67
Q

Sarbanes-Oxley Act – Titles

A

Title I –PCAOB

Title II – Auditor Independence

Title III – Corporate Responsibility

Title IV – Enhanced Financial Disclosures

Title VII – Corporate and Criminal Fraud Accountability

68
Q

Role of Taxes in Decision Making

A

Asset disposition = abandonment, sale, or trade in

Abandonment
– Net salvage value reduces initial investment in new asset
– Remaining book value deductible as loss

Sale
– Cash received reduces initial investment in new asset
– Gain on sale increases income taxes (and initial expenditure)
– Loss on sale reduces income taxes (and initial expenditure)

Trade in
– No income tax effect when traded in
– Provides additional depreciation for tax in later years and decreases taxes payable (and cash outflows) in those years.