Final Review Flashcards
What must a 303 stock redemption be used for, and how much of the estate must be comprised of the closely held stock?
It must be used to pay for estate taxes, administration, and funeral costs . The stock must compromise 35% of the AGE.
Do IRD assets step up their basis?
No
What is the difference between abatement and ademption?
Abatement means a reduction in a bequest, and ademption is the elimination of the asset in a bequest
What is the amount of tax due above $1m for an estate?
$345,800 plus 40% over $1m
Between 706 and 709, which is death and which is gift?
Death is 706, gift is 709
What are the exceptions to AVD?
Wasting assets (annuities, patents, notes)
Assets disposed of between death and AVD (use disposal value)
Is unpaid debt on an installment note treated as a capital asset or IRD? In the estate
IRD
Is a SCIN or private annuity interest deductible?
SCIN
Are split gifts required to file a gift tax return?
Yes, that year
Where do gifts get included in the estate formula?
Taken from taxable estate to equal tentative tax base
Besides the estate tax credits what other credits are there?
Estate taxes paid within the last 10 years, and tax paid on property outside the US
What will cause an ILIT to be included in the gross estate?
If it is required to pay proceeds for estate taxes or administrative expenses
What part of a net gift is taxable to the donor?
Any gift tax paid that exceeds the donor’s basis
What are the broad named perils?
Falling objects
Accidental overflow of water
Sudden bursting of appliances
Freezing of appliances or system
Weight of ice, snow, sleet
Damage from electrical current
FASFWD
What are typically excluded in an open peril policy?
Flood, earthquake, neglect (termite damage), ordinance, intentional act, war or nuclear hazard, power failure
What is the waiting period for flood insurance?
30 days
What are the exclusions from part B (medical payments) on auto policy?
What about part C (uninsured motorists)?
Public livery, auto used without permission, racing
Public livery, auto used without permission, regular use of a non-owned auto, auto used in business
What’s covered under pard D collision?
Accident involving another car, running off the road, into creek, lake, tree, or wall
What’s covered under pard D comprehensive?
Falling objects, fire, theft, explosion, earthquake, windstorm, water, flood, mischief, vandalism, riot, contact with bird or animal, breakage of glass
What is the Ss definition of disability?
Expected to last 12 months or result in death AND cannot perform duties of ANY occupation
Who auto qualifies for Medicare besides people 65 and older?
Receiving SS disability for 2 years
End stage renal failure
Spouses based on other spouses work tecord
How many quarters of coverage must a worker have to be fully insured?
40, $1640 per quarter
What are the disability coverage requirements for SS/medicare?
Age 31, fully insured, and earned 20 quarters in the last 40
Age 24-31: half of calendar quarters since age 21
Age 21-24: 6 quarters earned
Currently insured has no spousal benefit
What is the beneficiary coverage for a fully insured retired individual?
50% for all except dependent parent at 0%
What is the beneficiary coverage for a fully insured deceased individual?
75% for child under 18, spouse with child under 16, and dependent parent
100% for spouse at FRA
What are the SS temporary reduction in benefits?
Early: Reduced $1 for every $2 earned above $21,240
FRA: $1 for every $3 above $56,520
How are SS benefits taxed?
Thresholds are based on combined income: AGI, municipal interest, half of SS benefit
32/44, 0%, 50%, 85%
What doesn’t Medicare part a cover?
Custodial services
How do benefit periods work for Medicare part A?
Deductible of $1600
$0 per day 1-60
$400 day 61-90
$800 day 91-150
(Amounts just double)
Unless skilled nursing care
$0 per day 1-20
$200 day 21-100
What doesn’t Medicare part B cover?
Dental, hearing, vision, cosmetic, routine exams
What are the Medicare part B costs?
Premiums are $164.9 (deducted from SS)
Deductible is $226 per year
After deductible Part B covers 80%
How does applying for Medicare work?
Auto enrollment if receiving Ss at 65, otherwise must enroll
What are the parts of a PAP?
A: liability
B: medical payments to others
C: uninsured motorists
D: damage to your auto
E: duties after an accident
F: general provisions
What are the parts of HOI?
Section 1
A. Dwelling
B. Other structures
C. Personal property
D. Loss of use
Are Ss survivor benefits available to divorced spouse?
Yes, If marriage lasted 10 years, and surviving spouse has not remarried
How does MOODYS and how does AMBEST rate insurance?
MOODYS Aaa Aa1
AMBEST A++ to A/A- (whole letters)
What is the difference between VUL and VL?
VUL is flexible premium subject to a minimum, VL is a fixed premim
Does the insurer or the insured direct the investments on a universal life?
Insurer
How many employees are required for ACA and how many for COBRA?
50, 20
What is the primary difference between PPO and HMO?
PPO uses a network (allows for out of network for increased cost)
HMO has a program (in-network only but cheaper than PPO)
What is the penalty for ACA non-compliance?
0$ since TCJA
What is the maximum benefit period for short term disability?
2 years
For loss of use on HOI, is rental income replaced?
Yes
How are qualified LTC premiums and benefits taxed?
Premiums are tax deductible (counts towards medical deduction under itemization, with a max deduction of $5960 for age >70)
Benefits are tax free
What makes LTC qualified?
No surrender value
Limited to LTC services
Uses dividends to reduce future premiums or increase benefits
Meets consumer protection laws
Does not pay for expenses covered under Medicare
Are key person and split dollar insurance premiums deductible?
No, but their proceeds are tax free
If an employee pays disability premiums with pre-tax dollars (cafeteria plan), are benefits taxed?
Yes
What is the coverage for personal property?
Is it covered if the property isn’t located on premises?
Is it typically ACV or RV?
50%
Yes
ACV
How does an independent agent differ from general agents?
Indie agent represents multiple, unrelated insurers rather than one insurer
What is modified any occ and split definition?
Modified any occ considers the insured disabled if unable to perform duties of gainful occupation they’re reasonably fitted by education, experience, training, etc.
Split definition begins with own occ and moves into modified any
What is the difference between the human life value approach, the capital needs approach, and the capital retention?
Capital retention uses capital as income generator, not to be invaded
Human life value takes amount of income earned, less amount consumed by the insured
Capital needs approach takes income needs, education, and retirement funding
What is the exclusion ratio?
Basis / total payments
What is the formula for IRA phaseout?
[AGI - lower range] / total range of phaseout
What is the coinsurance formula?
[ (amount of coverage purchased / coninsurance) x loss ] - deductible
What are the rules for in-service withdrawals for DB and DC plans?
DB plans: not available until 59.5
DC plans: available after 2 years of participation
How much employer securities can be in a DB plan?
10%
How do forfeitures work for DB and DC plans?
DC plans can reduce future costs or allocate them to other participants
DB plans can ONLY reduce future costs
When is a DB plan not subject to PBGC?
If the firm has less than 25 employees
Can credit be given for prior service for DC plans?
No
How are payroll taxes handled for contributions to plans?
Exempt for ER, not EE
What are the lump sum distribution options?
NUA
Pre-74
10 year averaging
What are the general eligibility rules for qualified plans?
21 and 1
OR 2 years of service and 100% immediate vesting (this special rule does not apply to 401k)
Beginning in 2024, employees with 3 years of 500 hours each are eligible to participate in 401k
What are the rules for coverage testing?
Who can they exclude?
What tests are there and which must be passed?
Can exclude ineligible employees, nonresident aliens that don’t perform services in the US, union employees
Both DB and DC must pass one of:
Safe harbor (NHC > 70%)
Ratio/AB test (% NHC covered / % HC covered > 70%)
DB must also pass 50/40 test
(People come first)
What are the vesting schedules?
DC plans use 2-6 year graduated, 3 year Cliff
DB plans use 3-7 year graduated, 5 year Cliff
Cash balance plans use 3 year Cliff
How is a plan determined to be too heavy and what is done to correct it?
If >60% of the benefits are going to KE it is top heavy
If DC must contribute 3% to NKE
If DB must contribute 2% and upgrade vesting schedule
What’s the difference between a KE and an HCE?
Key employee
5% owner
1% owner greater than $150k salary
Officer greater than $215k salary
Highly compensated employee
5% owner
$150k in salary
What are the plan contribution limits for both DB and DC, and what do they consist of?
DC: $330k; lesser of $66k or 100% of employee’s compensation
Contribution consists of EE, ER, and forfeitures (excludes catch up contributions)
DB: lesser of $265k or average 3 highest salary years
Which plans require an actuary?
Defined benefit pension plan and cash balance plans require an annual actuary
Target benefit requires an actuary at inception
How does integration work?
Which methods can DC and DB use?
Which plans cannot use integration?
What is the excess formula and what is the max?
Both DC and DB can use excess method: excess benefit to those earning more than the SS threshold
ONLY DB can use offset method: reduces benefit to those earning less than the SS threshold
ESOP and CODA cannot use integration
Formula is lesser of 2x contribution or 5.7% plus contribution, to a max of 26.25%
What are the features of the pension plan contributions?
Defined benefit pension plan: uses flat amount, flat percent, or unit credit
Cash balance: uses annual guaranteed contribution rate and guaranteed earnings, quasi-separate accounts with hypothetical benefits, 3 year Cliff vesting
Money purchase: mandatory annual funding of a fixed percentage up to 25%
Target benefit: special type of money purchase, contributions based on age
What does noncontributory mean in context of profit sharing plans?
It means the only contributions are from ER not EE
What are some characteristics of profit sharing plans?
Contributions must be non discriminatory, discretionary, do not require a profit, and must be made by ER tax filing due date, and are limited to 25% of ER covered compensation
Any profit sharing can have a CODA attached
Which plans require ADP/ACP testing?
what are the required limits?
What happens if out of line?
What can a plan do to avoid testing?
CODA/401k
HCE limited to 0-2% then 2x, 2-8% then 2% + ACP, 8%+ then 1.25x
If out of line: corrective distribution, Recharacterization, qualified non elective contributions, qualified matching contributions
To avoid testing, become safe harbor: 100% vesting at all times, and non-elective contributions of 3% OR matching (100% of 3% and 50% of 3-5%)
What is the advantage of a stock bonus plan to the ER and to the EE?
There’s a tax deduction to the ER of the FMV
EE can take NUA distribution: OI for contribution, LTCG for difference (LT regardless of holding period), 10% penalty if applicable
What are the ESOP characteristics?
Are there tax advantages to ER or EE?
How do voting rights and dividends work?
What distribution options are there?
ER gets a tax deduction for contributions of cash or stock, subject to 25% rule
EE can defer gains if proceeds from sale are reinvested within 12 months
Participants have voting rights and can receive dividends
Dividends paid are also deductible to ER
Distribution options: NUA, SEPP of 5 years, EE can demand a distribution but ER can limit the amount, EE can demand a put option from ER at distribution
What are the diversification requirements for qualified plans?
What is a qualified participant?
What is the qualified period?
What are the amounts of diversification required?
What is it satisfied by?
Qualified participant can force diversification during the qualified period
Qualified participant: 10 years of plan participation, 55 or older
Qualified period: 6 year period after becoming a qualified participant
May diversify 25% during first 5 years, 50% during sixth and final year
Satisfied by: distribution, transfer, or offering 3 or more investment choices
Satisfied by:
What are the limits for plan loans?
How do repayments work?
Allowed with any qualified plan but usually found in CODA plans
Limited to the lesser of $50k ($100k if disaster) or half balance, reduced by the highest outstanding loan within the last 12 months
If balance is <$20k, limited to the lesser of $10k or total balance
Repayments must be paid quarterly and paid back within 5 years (30 if used to purchase primary residence)
Failure to pay causes income recognition, possibly 10% penalty
Terminated employees forced to repay balance or rollover by tax filing date plus extensions
How do SEPP distributions work?
They must be made annually for the remainder of life (or lives)
Use RMD, fixed annuity, or fixed amortization schedule
Can a QDRO override plan rules?
No (ex. Demanding NUA when it isn’t an option)
Can RMDs be postponed if continuing to work past RMD age?
Yes, but not on IRA or IRA-based plans
What are the types of IRA beneficiaries and what are their rules?
Eligible designated: spouse (can roll into their IRA), minor child (becomes designated at age of majority), disabled/terminally ill person, someone not younger than 10 years can all distribute over their lifetime beginning in the year of death
Designated: must be paid out within 10 years
Non-designated: after RMD take owner RMD, before RMD must be paid out within 5 years
What is earned income for IRA purposes?
What is the excess contribution penalty?
Who is considered an active participant for deductibility purposes?
What is the withdrawal ratio?
What investments aren’t permitted?
W2, schedule c, general partnership, alimony
6%, but 10% penalty waived if corrected
DC receiving ANY contributions or DB participating or meeting eligibility
Basis before withdrawal / FMV at withdrawal
Life insurance, collectibles, non-bullion’s coins