Gift and Estate Taxation

Question 1

How is Gift taxation different from Estate taxation?

Answer 1

Property transferred while taxpayer is living

Question 2

What is the annual exclusion amount for a taxpayer’s Gift taxation? What is required to get the exclusion?

Answer 2

“$14,000 per year per spouse to each individual

In order to get the exclusion, the recipient must immediately acquire a present interest in the property and get unrestricted access to the property and all of its benefits”

Question 3

If a Gift is an annuity, what value is used for the Gift?

Answer 3

If the Gift is an annuity, use Present Value to determine the gross Gift

Question 4

What is the basic Gift tax calculation?

Answer 4

“Gross Gifts
- 1/2 of Gifts (treated as given by spouse)
- Total # of donees x $14,000 exclusion
= Taxable Gift”

Question 5

How is a Gift taxed if a recipient gains a future ownership in the Gifted property?

Answer 5

Recipient must gain ownership and all rights to property to get the annual exclusion. If recipient merely gains a future ownership, then the present value of the Gift is 100% taxable to donor and cannot exclude from Gift tax calc

Question 6

What are the deductions for Gift tax, besides the annual exclusion?

Answer 6

“Tuition and medical expenses paid directly to the provider organization (note: NOT books or dorm fees)

Political contributions

Charitable Gifts

Unlimited Gifts to spouse”

Question 7

What is the basis of Gifted property for the recipient?

Answer 7

“If a loss on sale, basis is FMV on the date of the Gift

If a gain on sale, basis is same as donor’s basis

No G/L if donor basis is less than sales price, and sales price is less than FMV @ Gift date”

Question 8

How/when are Gift tax returns filed?

Answer 8

“Calendar-year basis only

Due April 15
“

Question 9

What are the basic characteristics of complex Trust?

Answer 9

" Income distributions are optional
Accumulation of income ok
Charitable contributions ok
Contributions using tax-exempt income are not deductible
Allowed personal exemption of $100

Key Point: Distribution of Trust corpus (principal) ok”

Question 10

How are Net Operating Losses handled in a Trust?

Answer 10

“Trusts can have a Net Operating Loss

Any unused NOL flows through to the beneficiaries”

Question 11

How are expenses and fees related to tax-exempt income handled in a Trust?

Answer 11

Expenses and fees from tax-exempt income are not deductible for either a Complex or Simple Trust

Question 12

When is property transferred in an Estate?

Answer 12

After the death of the donor

Question 13

What amount of a decedent’s Estate is exempt from Estate Tax?

Answer 13

The First $5,450,000 is exempt with a 40% tax on amount above that

Question 14

How are a decedent’s medical expenses handled with respect to an Estate?

Answer 14

Medical expenses paid after death, but incurred within 1 year of death go on decedents personal tax return

Question 15

How is an Estate’s NOL handled?

Answer 15

“Estates can have a Net Operating Loss

Any unused NOL flows through to the beneficiaries”

Question 16

What does a gross Estate consist of?

Answer 16

Cash and Property FMV at death, or alternate valuation.

Question 17

What is joint tenancy with respect to an Estate? How is it calculated?

Answer 17

“When two non-spouses jointly own property

FMV at death X % Ownership = Amount in Estate”

Question 18

What is tenancy by entirety?

Answer 18

1/2 of marital assets go to deceased spouses Estate

Question 19

What is tenancy in common in an Estate?

Answer 19

“A, B, and C own property

If A dies, FMV of As share goes to heirs”

Question 20

How is Estate tax handled with respect to a beneficiary?

Answer 20

“Property received through inheritance not income to recipient

Property value is FMV at date of death or 6 months later

If property is sold prior to 6 month date and the alternative date is used, FMV at date of sale is used to value property

Basis in property automatically assumes LT holding period”

Question 21

What is distributable net income (DNI)?

Answer 21

“DNI = Taxable Income Expenses (from income production)

Trust beneficiaries only pay tax if earnings are distributed

Estate beneficiaries pay tax on DNI, regardless if distributed”

Question 22

When must a tax exempt organization file a 990-T for Unrelated Business Income?

Answer 22

If a tax exempt organization has more than $1,000 of UBI, it must file a Form 990-T

Question 23

What are the requirements for a 501(c)3 organization?

Answer 23

“Organized and Operated exclusively for exempt purposes

No earnings can benefit an individual or private shareholder

Cant attempt to influence legislation as a major part of its activities

Cant campaign politically”