Income Hock International Flashcards

hock international

1
Q

The doctrine of constructive receipt: requires the actual receipt of property (or the right to receive property).

A

Accounting method the “doctrine of constructive receipt” primarily apply is The cash method

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2
Q

How is bartering income determined for tax purposes?

Study Unit 4: Taxable and Nontaxable Income covers the information for this question.

A

The fair market value of the goods and services exchanged is included in gross income.

Bartering involves the exchange of goods or services without exchanging money, such as a plumber fixing a leaky toilet in exchange for a dentist filling a cavity.

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3
Q

If a worker receives a Form 1099-NEC but believes they are misclassified, and should have received a Form W-2, what form can the employee file with the IRS to request a determination of worker status?

A

Form SS-8 Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, to seek a determination of worker status from the IRS.

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4
Q

How can misclassifying workers adversely affect an employee with regard to their income taxes?

Study Unit 4: Taxable and Nontaxable Income covers the information for this question.

All tips are taxable income and must be reported on the tax return, even if they have not been reported to the employer. Tips totaling less than $20 a month are not taxable for FICA (Social Security and Medicare) tax purposes. Tips under $20 a month do not need to be reported to an employer, but are still subject to regular income tax. Publication 531, Reporting Tip Income, covers the tax rules for employees who receive tips.

A

Because the employer does not pay their portion of the payroll taxes and also does not withhold the employee’s portion.

Incorrectly classifying workers as independent contractors can have negative consequences for employees.
This is because the employer does not pay their portion of the payroll taxes and also does not withhold the employee’s portion. Typically, employers are required by law to deduct and remit income taxes, Social Security, Medicare, and unemployment taxes for their workers. A worker who believes they have been misclassified as an independent contractor can file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, to seek a determination from the IRS.

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5
Q

Annabelle was offered a consulting position in another state. Her new employer reimbursed her for $5,500 for her moving truck and expenses incurred during the move. How should this reimbursement be treated?

A

Because this is a reimbursement of a nondeductible expense, it is treated as wages and must be included on Annabelle’s Form W-2.

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6
Q

Rodney is a detective working for a private investigation firm. His employer gives all the detectives who work for them an allowance to purchase business suits to wear while they are on the job. The business suits are not required, but they are strongly encouraged to be worn by the employees while they are on the job. Is any part of the suit allowance taxable to Rodney? Choose the best answer below.

Types of income would be subject to self-employment tax for Franklin = Minister’s housing allowance.

Ministers or other members of a religious order may have net earnings from self-employment. The rental value of a home or a housing allowance provided to a minister as part of the minister’s pay generally is not subject to income tax but is included in net earnings from self-employment.

A

Yes. The suit allowance is fully taxable as W-2 wages, and must be included on the employee’s wages.

The reimbursement of regular clothing (not uniforms) by an employer is a taxable benefit. All of the allowance is taxable and should be included in the wages reported on Form W-2, Wage and Tax Statement, subject to federal income tax withholding and FICA withholding. In order for the amounts to be nontaxable, work clothes and uniform allowances and reimbursements must meet the accountable plan rules and:

Be specifically required as a condition of employment;
Not be adaptable to general usage as ordinary clothing; and
Not worn for general usage.
This means that regular business suits would not qualify. However, an employer is allowed to give the employees an allowance that is fully taxable as wages. Then the employer would deduct the wages as a regular business expense.

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7
Q

Combat pay is exempt from income taxes, but is subject to:

A

Payroll taxes.

Combat pay is generally not subject to federal income tax. However, the recipient must still pay Social Security and Medicare taxes (payroll taxes) on the combat pay.

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8
Q

If both an employee and their employer have paid the premiums for a disability insurance plan, and the employee later becomes disabled and starts to receive long-term disability payments, what portion of the disability benefits must be reported as taxable income by the employee?

A

Only the amount attributable to the employer’s payments is reported as income.

If both the taxpayer and their employer have paid the premiums for a disability insurance plan, only the amount attributable to the employer’s payments is reported as income. Long-term disability payments from an insurance policy can be excluded from income only if the taxpayer (or the employee) pays the full cost of the premiums for the insurance policy.

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9
Q

Alesandro has a loss from worthless securities. How many years does he have to amend his tax returns in order to take this loss?

The filing threshold for MFS filers is only $5. Married filing separately is a tax status for couples who choose to record their incomes, exemptions, and deductions on separate tax returns.

A

Seven years.

A taxpayer has up to seven years to amend a return in order to take a loss from a worthless security. This is an exception to the normal statute of limitations. In general, if a refund is expected on an amended return (or a delinquent return that is being filed late), taxpayers must file the return within three years from the due date of the original return, or within two years after the date they paid the tax, whichever is later. There are a few other exceptions to this normal limit, such as taxpayers having ten years to amend a return and claim the Foreign Tax Credit.

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10
Q

Nonresident aliens who have income that is not subject to U.S. withholding are required to file an income tax return by:

A

June 15
Nonresident aliens who have income that is not subject to U.S. withholding are required to file an income tax return by June 15, two months after the regular filing deadline for most individuals.

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11
Q
A
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12
Q

A Form 1040X based on a loss from a worthless security generally must be filed within _______ after the due date of the return for the tax year in which the security became worthless (in order for the taxpayer to receive a refund).

A

7 years.
A Form 1040X based on a loss from a bad debt or worthless security generally must be filed within SEVEN years after the due date of the return for the tax year in which the debt or security became worthless. This is an exception to the normal “three-year” rule.

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13
Q

Beulah is self-employed and reports her income on Schedule C. She is required to make quarterly estimated tax payments totaling $8,000 for the tax year in order to avoid an estimated tax penalty. She makes the following payments:
First payment: Credit of $2,000 from her previous year’s tax refund.
Second payment: $1,000 on April 20.
Third payment: $1,000 on May 31.
Fourth payment: $2,000 on August 15.
Fifth payment: $1,000 on October 15.
Sixth payment: $1,000 on December 30.
Which of the following statements is correct?

A

She has made timely estimated payments.

The year is divided into four payment periods for estimated taxes, each with a specific payment due date. The schedule is as follows:
1- first payment due: April 15;
2- second payment due: June 15;
3- third payment due: September 15; 4- fourth payment due: January 15 of the following year.

In Beulah’s case, she was required to pay $2,000 each quarter by the payment due date, so she has made timely estimated payments. If a taxpayer does not pay enough tax by the due date of each of the payment periods, she may be charged a penalty, even if she is due a refund when she files her income tax.

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14
Q

Bayard e-files his 2023 tax return on February 27, 2024. He has a balance due of $950 on the return. How long can he wait to pay the amount owed and not pay a late payment penalty?

A

He has until the original due date of the return (not including extensions) to pay the amount owed and not pay a late payment penalty.

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15
Q

Which of the following payments may be subject to backup withholding?

Payments that are excluded from backup withholding include real estate transactions, foreclosures, canceled debts, long-term care benefits, distributions from retirement plans, unemployment compensation, and state or local income tax refunds.

A

Dividend payments.
Backup withholding occurs when certain payers, such as banks or other businesses, are required to withhold and pay to the IRS a specified percentage of those payments. The current backup withholding tax is 24% for U.S. citizens and U.S residents. Backup withholding can apply to most kinds of payments that are reported on Form 1099. These include:

Interest payments
Dividends
Rents, profits, other gains (Form 1099-MISC)
Commissions, fees, or other payments for work done by independent contractors
Payments by brokers/barter exchanges
Royalty payments

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16
Q

Thomas and Hailey live in Wisconsin, which is a community property state. Both of them work full-time. They want to file separately. They do not have a marital agreement for the provision of separate property. If they file separate returns, how should their income be reported?

A

Community property laws state that each spouse is entitled to 50% of total community income and expenses, so they must divide their income equally on their separate returns.

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17
Q

Rebekah filed a joint tax return with her new husband, Noah, and the entire refund was applied to Noah’s overdue student loans. What form should Rebekah file, in order to receive her portion of the refund?

A

Form 8379

Rebekah can request injured spouse relief in order to recover her portion of the refund. If a taxpayer files a joint return and is not responsible for the debt, but is entitled to a portion of the refund, the injured spouse may request their portion of the refund by filing Form 8379, Injured Spouse Allocation.

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18
Q

Equitable relief is a type of relief from joint and several liability. Factors the IRS may consider include: the mental or physical health of the taxpayer, spousal abuse, and potential economic hardship. A taxpayer applying for equitable relief has up to ten years to request relief.

A

Miranda was married to Reese, but divorced him in 2023. They filed joint returns in prior years and now the IRS is attempting to collect the tax from Miranda. She believes that she might qualify for equitable relief. Which is NOT a factor for the IRS to consider in determining whether to grant equitable relief to Miranda?

Miranda’s prior-year AGI was significantly higher than her current year’s income.

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19
Q

There are three types of relief from the joint and several liability of a joint return:

1-Innocent Spouse Relief,
2-
Equitable Relief, and
3- Separation of Liability Relief.

A
20
Q

Yolanda and Orville were married on November 1, 2023. Unknown to Orville, Yolanda had delinquent student loans totaling more than $80,000. They filed their joint tax return on March 1, 2024, and their entire refund was offset to pay Yolanda’s delinquent student loan debt. Does Orville have any recourse in this case?

A

Orville may request injured spouse relief

Orville may request injured spouse relief to recover his portion of the refund. If a taxpayer files a joint return and all or part of their share of the refund is applied against the other spouse’s past-due federal tax, state income tax, child or spousal support, or federal nontax debt, such as a student loan, the “injured” spouse may be entitled to relief by filing Form 8379, Injured Spouse Allocation.

21
Q

injured spouse relief Form 8379 =
the injured spouse may request their portion of the refund by filing Form 8379, Injured Spouse Allocation when the are wrongfully injured from their spouse mistake.

A

A taxpayer who files Form 4868 is requesting

An extension of time to file an individual tax return.

22
Q

Anabelle’s husband moved out of their home on January 30, 2023 and has not returned to the marital home. Anabelle provides all the cost of keeping up the home for herself and her son, who is 11 years old and her dependent. Anabelle refuses to file a joint return with her estranged husband. What filing status should she use?

A

Head of household.

Anabelle has a qualifying dependent, and qualifies for Head of Household filing status. Her husband moved out of the home in January, so she lived apart from her spouse for at least the last six months of the year. For tax law purposes, she is “considered unmarried”. The HOH filing status applies to unmarried individuals (or married individuals considered unmarried) who provide a home for a qualified dependent.

23
Q

In common law property states, property that is acquired by one spouse is considered their sole property unless the title or deed carries both spouses’ names. Nine states are community property states, where marital property acquired during the marriage is owned by both spouses equally.

A
24
Q

Jillian and Olden were married on February 20, 2023 and lived together all year. On January 2, 2024, Jillian moves out of the marital home and files for an annulment on the basis of fraud. Her annulment is granted on February 28, 2024. Neither taxpayer has any dependents. What is Jillian’s filing status for 2023?

A

Single

illian must file as single. Unlike a divorce, an annulment is retroactive. A court decree of annulment holds that no valid marriage ever existed. Therefore, the taxpayer is considered unmarried even if she filed joint returns for earlier years. The taxpayer must file amended tax returns claiming single or HOH status (if applicable) for each tax year affected by the annulment that is not closed by the statute of limitations for filing a tax return. The statute of limitations generally does not end until three years after the original return was filed.

25
Q

Jennie’s husband, Odin, died on January 30, 2022 (last year). Jennie filed jointly with her deceased husband in 2022, the year of his death. Jennie has one dependent son, age 15. Jennie did not remarry in 2023. What is her most beneficial filing status in 2023?

A

Qualifying Surviving Spouse (QSS)

Filing Status After Death of Spouse
Tax Year Filing Status
Year of death: MFJ or MFS
First year after death: QSS
Second year after death: QSS
Third and subsequent years after death: HOH or single

26
Q

Which of the following is not a requirement a taxpayer must meet in order to claim head of household filing status?

A

The taxpayer’s home was the main home of a foster child for more than half the year.

In order to claim head of household, the taxpayer must have a qualifying dependent, but it does not have to be a foster child. It can be a child, step-child, or other qualifying dependent. All of the other choices are true.

27
Q

Dinah is legally married but has lived apart from her husband since May 1. She has not filed for divorce or legal separation. She provided 80% of the support for her three children who lived with her all year. Which of the following statements is correct?

A

She qualifies for head of household filing status.

Dinah is “considered unmarried” and can choose to file as head of household. The head of household status is available to taxpayers who meet all three of the following requirements:

The taxpayer must be single, divorced, legally separated, or “considered unmarried” on the last day of the year.
The taxpayer must have paid more than half the cost of keeping up a home for the year.
The taxpayer must have had a qualifying person living in her home for more than half the year.

28
Q

Sarah and Daria are registered domestic partners (RDPs) living in California. What is their filing status for federal tax purposes?

A

Single

For federal tax purposes, civil unions and registered domestic partnerships are not recognized as legal marriages. The taxpayers must file as single. If Sarah and Daria were to get married at a later date, they would be required to file MFS or MFJ.

29
Q

Tammy and Hector are married and have always filed jointly. They have no children or other dependents. Tammy dies on March 4. Hector remarries on November 30, to Jennifer. Jennifer and Hector plan to file jointly. Before Tammy’s death on March 4, she had earned $27,000 in wages. What is Tammy’s filing status (the deceased spouse) on her final Form 1040?

A

Married Filing Separate

Tammy is required to use the “Married Filing Separate” filing status on her final return. That is the only filing status permitted in this scenario. Taxpayers whose spouses died during the tax year are considered married for the entire year, provided they did not remarry. Since Hector remarried in the same year that his previous wife died, then the deceased spouse’s filing status becomes Married Filing Separately. The executor of Tammy’s estate (whether it is her surviving spouse or someone else named in her final will) would be responsible for Tammy’s final return.

30
Q

Which filing status is NOT available to nonresident aliens on Form 1040-NR in 2023?

A

Married Filing Jointly

The only filing statuses available to nonresident aliens are Single, Married Filing Separately, and Qualifying surviving spouse (QSS).

31
Q

Each of the following individuals are automatically taxed as residents of the United States EXCEPT:

A

A nonresident alien that marries a U.S. citizen during the year.

32
Q

Which of the following individuals would NOT be subject to self-employment tax?

A

A nonresident alien with U.S.-source income.

Nonresident aliens are not subject to SE tax. A partner in a partnership and a sole proprietor are considered self-employed individuals and subject to SE tax. Statutory nonemployees include real estate agents and direct sellers. Generally, they are treated as self-employed for tax purposes.

33
Q

Anna, a citizen of Greece, is temporarily in the U.S. as a graduate student in F-1 immigration status. She has resided continuously in the U.S. since arriving on August 15, 2018. Her immigration status has not changed. When did she become a resident alien for federal income tax purposes?

A

2023
Anna became a resident alien for federal income tax purposes in 2023. F and J visa student visa holders are considered resident aliens after five calendar years in the U.S. J visa researchers and professors are considered U.S. resident aliens after two calendar years in the U.S. Note: Nonresident aliens may be treated as residents for tax purposes if they make an election to be treated as a resident alien when filing jointly with their spouse who is a U.S. citizen or U.S. resident. The election continues until formally revoked.

34
Q

Mahmood enters the United States for the first time on January 5, 2023 on an F-1 Visa. He is an international student and has a valid F-1 employment authorization so he can work at his University part time. He earns $14,000 during the year working as his Chemistry professor’s lab assistant. What tax return should he file, if any?

A

He must file Form 1040-NR

He is considered a nonresident alien for tax purposes, and must file Form 1040-NR. Generally, F-1 and J-1 students are considered nonresidents for tax purposes for 5 calendar years. Many F-1 students are employed on-campus through either a service-based award, or other student position. An F-1 student can get an SSN as an international student after they have applied for and received an authorization to work in the United States, but that authorization to work under an F-1 visa does not change their residency status.

35
Q

Nian Zhen is a citizen of China and a nonresident alien. Nian Zhen owns a commercial rental property in the U.S., as well as several U.S. investments. He is therefore required to file a Form 1040NR. Which of the following types of income would not be includible on Nian Zhen’s Form 1040NR?

A

Foreign source income that was earned in China.

Generally foreign-source income received by a nonresident alien is not subject to U.S. taxation. Furthermore, income of any kind that is exempt from U.S. tax under an international tax treaty to which the United States may also be excluded from gross income of a nonresident.

36
Q

Taxpayers who are not eligible for an SSN must apply for an ITIN if they file a U.S. tax return or are listed on a tax return as a spouse or dependent. What form must a taxpayer use to request an ITIN?

A

Form W-7

Taxpayers who cannot obtain an SSN must apply for an ITIN. These taxpayers must file Form W-7, Application for Individual Taxpayer Identification Number, and supply documentation that will establish their true identity.

37
Q

A taxpayer should file Form 1040X only after:

A

They have filed their original return

38
Q

Which types of debts can typically lead to a wage garnishment?

A taxpayer who files Form 4868 is requesting: =
An extension of time to file an individual tax return.

A

Delinquent tax debts

Delinquent tax debts (either federal or state tax debts) can lead to a wage garnishment. Wage garnishment occurs when a court orders part of an employee’s salary to be diverted to pay unpaid debts. Employees may have their wages garnished for various reasons, such as when they owe child support, back taxes, or other debts. Regardless of the amounts garnished from the employee’s paycheck, the full amount of gross wages must be included in the employee’s taxable wages at year-end.

39
Q

The IRS has 3 years to access tax or audit me after I file returns.
1- There are 3 years to get a refund.
2- 3 years for the IRS to audit you.
3- 10 years for the IRS to collect
4- 6 years of IRS audit and believe you understate your refund more than 25%. “Substantial Understatement”

A

It’s important I file you return even if you make low income because if you don’t file a return the statute of limitation on assessment remains open indefinitely.

Taxpayer spouse cannot be claim as a dependent. Some examples of dependents include a child, stepchild, brother, sister, or parent.

40
Q

Any relationship that was established by marriage is not ended by death or divorce. Means that if the taxpayer engages him/herself to support the spouse family death / divorce would not stop it.

A

Federal Law is what determines who may claim a child as a dependent. Both custodial and noncustodial parents must comply with the federal tax law to claim the dependent.

Custodial parent: parent who has physical custody of the child for greater portion of the calendar year.

41
Q

Matthew is 32 years old and works full time. Matthew’s 19-year old cousin, Bruno, lived with him all year. Bruno did not work, and had no taxable income. Bruno’s parents are deceased, and no one else can claim him as a dependent. Matthew supported his cousin completely. Would Bruno meet the tests to be Matthew’s Qualifying Relative?

There are three types of relief from the joint and several liability of a joint return:
1. Innocent Spouse Relief,
2. Equitable Relief, and
3. Separation of Liability Relief.

A

Bruno would meet the tests to be Matthew’s Qualifying Relative

Bruno would meet the tests to be Matthew’s Qualifying Relative. Although cousins are not considered “family members” for the relationship test for qualifying relatives, the question stated that Bruno lived with Matthew all year. This means that Bruno meets the “Member of Household or Relationship Test” to be Matthew’s Qualifying Relative. Although Matthew can claim Bruno as a dependent, he cannot file as Head of Household, because a cousin is not a qualifying relationship for HOH status.

42
Q

Which of the following is not a requirement a taxpayer must meet in order to claim head of household filing status?

A

The taxpayer’s home was the main home of a foster child for more than half the year.

43
Q

A taxpayer is considered unmarried (for tax purposes) for the entire Tax Year if

A

1- The taxpayer has never been married.
2- A taxpayer is legally separated (but not under an interlocutory decree of divorce).
3- A taxpayer is divorced and the divorce decree was finalized before December 31.
4- The taxpayer’s marriage was annulled with an official court decree of annulment.
5- The taxpayer is still legally married, but was “considered unmarried” for the purpose of qualifying for the Head of Household filing status.

44
Q

An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa would be exempt from the physical presence test. An example of this would be a foreign ambassador or foreign diplomat.

A

The term “exempt individual” does not refer to someone exempt from U.S. tax, but to people in the following categories:

An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa
A foreign teacher or trainee temporarily present in the U.S. under a “J” or “Q” visa
A foreign student temporarily present in the U.S. under an “F,” “J,” “M,” or “Q” visa
A foreign professional athlete temporarily in the U.S. to compete in a charitable sports event.

45
Q

Alesandro has a loss from worthless securities. How many years does he have to amend his tax returns in order to take this loss?

A

Seven years
A taxpayer has up to seven years to amend a return in order to take a loss from a worthless security. This is an exception to the normal statute of limitations. In general, if a refund is expected on an amended return (or a delinquent return that is being filed late), taxpayers must file the return within three years from the due date of the original return, or within two years after the date they paid the tax, whichever is later. There are a few other exceptions to this normal limit, such as taxpayers having ten years to amend a return and claim the Foreign Tax Credit.