Home Stretch- Frequently Missed (Big + Variety) (11/6) Flashcards
Are in service withdrawals permitted from a profit sharing plan?
Yes, after 2 years if plan document allows
Are 401K deferrals subject to FICA and FUTA
yes
What are the three main plan types that cannot integrate with ss?
esop
simple
401K simple
What are SEP IRA contribution limits?
25% (not 100%) of compensation or $58,000
* If taking the 58,000 is more than 25% of the pay, your have to do the lesser. so you’d have to do the 25% of pay
RETIREMENT: Are in service withdrawals permitted from a pension plan?
Pension plans may permit distributions to current employees who have attained age 59.
What is the salary cap for a simple IRA plan
NONE- but it DOES apply to 401k simple
Are SIMPLE IRA deferrals subject to FICA and FUTA
no
What are the main ways a trust would be tainted for INCOME TAX PURPOSES?
- trust income used to pay premiums on grantor or their spouse
- they have a reversionary interest that’s more than 5% of value at the time of creation
- grantor or their spouse has power to decide anything about the trust or principal and how it’s used
Is a gift to a trust in which income will be accumulated for a period of years a completed gift?
Yes- but it is a gift of future interest.
Are taxable gifts subject to probate
no
Gift tax implications (general power):
- under what circumstances is it taxed?
- what if it lapses with a 5 or 5 power?
- exercised, released, lapsed
2. not taxed
What are the requirements for a section 303 stock redemption?
must be a regular or S corp (closely held)
value must be more than 35% of estate
only an amount of stock equal to a total of all estate taxes and admin expenses can be redeemed
When is a 709 required when spouses gift from a JTWROS or comm prop account?
If the gift is over 30k
If question says the property owner wants to gift away the property what are their options
Partnership S corp (gifting shares)
FLP (gift interests to limited partners to reduce estate)
Gift leaseback (gift of FULLY depreciated property)
QPRT- an irrevocable transfer of a personal residence
slang for QTIP trust? and what is the key word to remember characteristics?
current income trust LAME lifetime annual income for spouse annual payments mandatory payments exclusively for spouse
When do you NOT to a gift leaseback?
When child is under 24
Is a gift to a disclaimer trust a completed gift?
no
Completed gifts, except certain life insurance transfers and gift taxes paid are never included in the gross estate. There is no 3 year rule with them. t/f
t
Diane was an income beneficiary of a trust set up by her father. She was given a 5 or 5 power. At the time of Diane’s death, the trust was worth $100,000, and she had exercised her 5 or 5 right this year. What amount of the trust is included in Diane’s gross estate?
$0
$5,000
$10,000
$100,000
Diane was an income beneficiary of a trust set up by her father. She was given a 5 or 5 power. At the time of Diane’s death, the trust was worth $100,000, and she had exercised her 5 or 5 right this year. What amount of the trust is included in Diane’s gross estate?
$0
$5,000
$10,000
$100,000
A
0
The question asked what amount of the trust is included. Nothing is included because she exercised her 5 or 5 right.
What are the three situations in which life insurance would be included in the decedents estate?
- proceeds are paid to the executor of the decedent’s estate
- There was an incident of ownership at death
- The INSURED transferred a policy with an incident of ownership within 3 years of death (not sold)
Which of the ABC trusts are subject to estate taxes?
A C
Estate tax implications (general power)
- what is it taxed?
- what if is lapses, released, or exercised with a 5 or 5 power?
Estate tax implications (general power)
- what is it taxed?
- what if is lapses, released, or exercised with a 5 or 5 power?
A
- exercised, released, lapsed
- greater of the 5 or 5 is taxed
What are the requirements to file as a widow
- must remain unmarried
- maintains a home for a child
Can self employed person that pays 100% of meal expenses deduct the cost?
yes- 50%
Can a SALARIED employee who is not reimbursed for entertainment expenses deduct the remaining expense on schedule a?
NO
What does partnership (AND LLC) basis include that s corp basis doesn’t?
bank loans
short term gains and 1245 recaptures are subject to what rates?
ORDINARY
Can losses from a PTP be used to offset passive income from other sources?
no
Net losses from a PTP may what?
carried forward
used only to offset against future income from SAME partnership
the loss in the top PTP cannot escape the circle
carried forward until used against income in that same partnership or sold
Can PTP (public limited part) income offset PALs (passive activity losses)?
no
What DOES offset PALS?
PIGS
passive income generator
COULD s corp income be passive income if the person owns 30% but doesn’t materially participate?
yes it could
How does the low income housing credit work?
It’s allows annually over a ten year credit period
depreciation is over 27.5 years
defer tips income?
no
stock needs to be purchased BEFORE WHEN to get div
before ex dividend date
or two business days before record date
etfs- close ended?
they can be
Treasuries = subject to what tax
state and local only
What is the term of the EE bond?
20 years
Taxation for call writer- less than 9 month option- lapses
gain is short term gain
Coefficient of variation measures what?
What does it indicate?
relative variability
risk per unit of expected return