Gift Estate Taxation

Question 2

How is gift taxation different from estate taxation?

Answer 2

Property transferred while taxpayer is living

Question 3

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

Answer 3

$13,000 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 4

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

Answer 4

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

Question 5

What is the basic gift tax calculation?

Answer 5

Gross Gifts
- 1/2 of Gifts (treated as given by spouse)
- Total # of donees x $13,000 exclusion
= Taxable gift

Question 6

How is a gift taxed if a recipient gains a future ownership in the gifted property?

Answer 6

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 7

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

Answer 7

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 8

What is the basis of gifted property for the recipient?

Answer 8

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 9

How/when are gift tax returns filed?

Answer 9

Calendar-year basis only

Due April 15

Question 10

What are the basic characteristics of complex trust?

Answer 10

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 11

What are the basic characteristics of a Simple trust?

Answer 11

Income distributions mandatory

Accumulation of income disallowed

No charitable contributions

Distribution of trust corpus DISALLOWED

Allowed personal exemption of $300

Question 12

How are Net Operating Losses handled in a trust?

Answer 12

Trusts can have a Net Operating Loss

Any unused NOL flows through to the beneficiaries

Question 13

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

Answer 13

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

Question 14

When is property transferred in an estate?

Answer 14

After the death of the donor

Question 15

What is the 2010 estate tax basic calculation (Hint- there are TWO)?

Answer 15

Option 1: Adopt the 2011 Rules

• First $5M is exempt
• 35% tax on amount > $5M

Option 2: Adopt the 2010 Rules

• No Estate Tax
• Beneficiaries must pay Capital Gains- 15% Rate vs. 35% Estate Tax
• Articificial Step-up in Basis- $1.3 Million for individual recipient, $3 Million for surviving spouse

Question 16

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

Answer 16

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

Question 17

How is an estate’s NOL handled?

Answer 17

Estates can have a Net Operating Loss

Any unused NOL flows through to the beneficiaries

Question 18

What does a gross estate consist of?

Answer 18

Cash and Property FMV at death, or alternate valuation.

Question 19

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

Answer 19

When two non-spouses jointly own property

FMV at death X % Ownership = Amount in estate

Question 20

What is tenancy by entirety?

Answer 20

½ of marital assets go to deceased spouse’s estate

Question 21

What is tenancy in common in an estate?

Answer 21

A, B, and C own property

If A dies, FMV of A’s share goes to heirs

Question 22

How is estate tax handled with respect to a beneficiary?

Answer 22

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 23

What is distributable net income (DNI)?

Answer 23

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 24

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

Answer 24

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

Question 25

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

Answer 25

Organized and Operated exclusively for exempt purposes

No earnings can benefit an individual or private shareholder

Can’t attempt to influence legislation as a major part of its activities

Can’t campaign politically