Income Tax Flashcards
Qualifying Child
Must meet:
- Relationship Test
- Abode Test
- Age Test
- Support Test
Qualifying Relative
- Relationship Test
- Gross Income Test (less than $4,700 for 2023)
- Support Test (more than 1/2)
- Not a qualifying child
- Citizenship/Residency Test
Taxation of Compensation for Injuries & Sickness
- Workers’ Comp: excluded from gross income
- Punitive Damages: INCLUDED in gross income
- Emotional Distress Damages: INCLUDED in gross income
Revenue Act of 1913
Created the Internal Revenue Code
Primary Sources of Tax Law
- Internal Revenue Code
- Administrative Law Sources (IRS)
- Judicial Sources
Failure to File Penalty
5% per month up to 25%
(Reduced by failure to pay penalty)
Failure to Pay Penalty
0.5% per month up to 25%
American Opportunity Tax Credit
- Applicable to first 4 years of post-secondary degree
- 100% of first $2000 / 25% of next $2000
- Refundable up to 40% ($1,000)
Lifetime Learning Credit
- Max. 20% of expenses up to $10k
- Income phase ours exist
Property Classes (for Depreciation)
3 year: tractors, rent-to-own property
5 year: autos, computers, office equipment
7 year: office furniture and fixtures
27.5 year: rental home
39 year: office building
Section 179
Can immediately expense $1,160,000 of tangible business property placed in service during the year
(Phaseout for property over $2.89 million - section 179 reduced by excess)
Entities - Easiest/Cheapest to Form
Proprietorships & General Partnerships
Entities - Lowest Administrative Req.
Sole Proprietorships
Entities - Easiest Transferability & Dissolution
Sole Proprietorship
Entities - Liability Protection
Limited Liability Partnerships (LLPs) and Limited Liability Companies (LLCs)
Sole Proprietorship
- owned/operated by a single individual
- easy/cheap to form
- owner maintains legal liability
- business expenses deductible from gross income
General Partnerships
- more sources of initial capital than sole prop.
- low administrative burdens
- income/losses passed through
- more difficult than sole prop. To transfer interest
- unlimited liability
Limited Partnerships
- favorable pass-through partnership tax status
- flexibility in structuring ownership interests
- limited partners have limited liability
- must file with state to register
- losses for limited partners are generally passive losses
Limited Liability Partnerships
- pass through partnership taxation
- flexible ownership interest structure
- partners not liable for acts of other partners
- must file with state to register
- unlimited liability for own acts of malpractice
Family Limited Partnerships (FLP)
- control retained by senior family member
- some creditor protection
- expensive to establish and significant operational requirements
Limited Liability Company (LLC)
- limited liability for members
- unlimited number of members
- income passed to members through K-1
- can have multiple classes of ownership
- difficult to transfer ownership interest
- laws vary from state to state
C Corporation
- Ease of raising capital
- Shareholders have limited liability
- unlimited life of entity
- administrative burdens
- requires federal tax ID
- difficult to dissolve
S Corporation
- essentially a C corp. with different tax filing
- no more that 100 shareholders
- ownership is restricted to US citizens/residents, trusts, estates, and charitable orgs
Appreciated Property with Gift Tax Paid ( Formula)
Donor’s Basis + (Net Appreciation in Gift / Taxable Gift) x Gift Tax Paid