Income Tax Flashcards
What are the ways property can be held?
Personal use, for production of income or investment, or for business purposes or trade
OR
Capital asset, ordinary income asset, or Section 1231 asset
All assets are capital assets except ACID. What does ACID stand for?
Accounts/notes receivable
Copyrights and creative works (if held by creator)
Inventory
Depreciable property used in a trade or business
What is the holding period for capital gains for inherited property?
Long-term
What are the rules for basis of gifted property?
The donee’s basis is the same as the donor’s in the gifted property, but there are two exceptions
What is the rule for when gifted property has FMV less than the donor’s basis?
When the donee sells the property at a loss, the donee’s basis is the FMV of the property on the date of the gift
When the donee sells the property at a gain, the donee’s basis is equal to the basis of the donor
When the donee sells the property at an amount between the FMV at the time of the gift and the basis of the donor, no gain or loss is recognized
What is the rule for when a donor gifts property and pays the gift tax on it?
The donee’s basis is increased by the gift tax paid
Donor’s basis + [net appreciation in value of gift / value of taxable gift, x gift tax paid]
What is the holding period for gifted property?
The holding period of the donee includes the holding period of the donor, unless it’s a double basis asset, then the holding period starts on the date of the gift
How are transfers incident to divorce handled?
The same as all gifts, but must be within one year of the termination of the marriage
What are the rules for selling property to a related party?
Only affects transactions where there is a loss.
The transferors loss is forever lost, and double basis rule takes over for donee
What happens when a taxpayer sells property to a charity for less than its FMV?
The basis of the property must be allocated between the portion of the property sold and the portion given to charity
Amount realized / FMV, x basis of property
What additional tax are taxpayers with AGI over 200/250 subject to?
Additional .9% Medicare contribution tax for AGI that exceeds the threshold
Are personal use assets permitted to deduct losses?
No
What is the length of time considered a wash sale?
30 days
What are the qualifications for section 121 exclusion?
Property must have been owned and occupied as principal residence 2/5 years
The exclusion can only be used once every 2 years
For married: both must meet use requirement, one must meet ownership requirement
How long can a loss resulting from a worthless security be deductible?
The year in which it became worthless; the artificial sale date is the last day of the year
How do you determine net capital gains?
-categorize and net gains and losses by holding period
-if excesses losses result, they are shifted to the category carrying the highest tax rate
-cannot net gains between LT and ST because of different tax rates
What are the ordinary loss amounts that can be deducted?
$3000 each year can be deducted, but remaining losses can be carried forward.
In regards to like kind exchanges with related parties, how long must the property be held after the transfer to avoid recognition?
2 years, unless death occurs or the taxpayer can demonstrate to the IRS that avoidance of taxation was not a principal purpose
What are the rules for section 1033 (involuntary conversions)?
Replacement property must be similar in function, and acquired within 2 years (3 for condemnation of realty) from year end of year that gain is realized
What are the qualifications for head of household filing?
Unmarried, paid more than half the cost of home upkeep, was the main home of the taxpayer’s child for more than half of the year, and the taxpayer can claim a credit for that child
What are the qualifications for qualifying widower filing?
Two years following the tax year of death, not remarried, taxpayer has a child they claim, taxpayer pays more than half the cost of keeping up a home
Who is ineligible for standard deduction?
-MFS filer when other spouse itemizes
-nonresident aliens
What is the standard deduction for a dependent?
The greater of $1250 or $400 plus earned income (but not exceeding the normal standard deduction)
What is a qualifying child?
Must meet all 4 tests:
Relationship, abode, age, support
Relationship: most immediate siblings and descendants, but not cousins
Abode: must live with taxpayer more than half the year except during special circumstances including education and vacation
Age: under 19 or under 24 and student
Support: child does not provide more than one half of their own support (scholarship not included)
What is a qualifying relative?
Must meet the following tests:
Relationship
Gross income
Support
Not a qualifying child
Relationship: everyone including cousin
Income: must be less than personal exemption amount (4700$)
Support: must provide more than one half of the support
What are the additional tests for a qualifying relative and qualifying child?
Joint return test: married dependent must not file a joint return
Citizenship/residency test: dependent must be a citizen or national of the US, or resident of North America
What are the SS hurdles?
32/25, and 44/34, except MFS which is 0
What is the annuity exclusion ratio?
Basis in contract / Total number of payments
What are the rules for below market loans?
The gift is equal to the interest not paid:
0-10 = $0 imputed
10-100 = if NII is less than $1k, $0 imputed, OR
lesser of NII or AFR less interest using the stated rate of the loan
Above 100 = lesser of NII or AFR less interest using the stated rate of the loan
Which compensations for injuries or sickness are excluded from income?
Workers comp
Any damages received on account of personal physical injuries or sickness, and any payments from insurance that is owned by the taxpayer
What amounts of reimbursed dependent care are excluded from income?
$5000
What are the requirements for the foreign earned income exclusion?
-Must have foreign earned income
-your tax home must be in a foreign country
-you must be one of the following:
-a US citizen or resident alien who is a bonafide resident of a foreign country for an uninterrupted tax year
-a US citizen or resident alien who is physically present in a foreign country for at least 330 full days during any period of 12 months
What are the three state/local bonds that are not exempt from income tax?
Private activity bonds, arbitrage bonds, bonds that do not meet all of section 149 requirements
What are the deductions FOR AGI?
-trade or business expenses
-losses on sale or exchange of property
-rental and royalty property
-alimony payments prior to 2019
-half of self employment tax, health insurance premiums paid by self employed individual
-penalty on premature withdrawals from time deposits
-student loan interest
-qualified account contributions
-teacher expense deduction
What are deductions FROM AGI?
-medical expenses
-state and local taxes
-charitable contributions
-casualty losses
-personal interest expenses
-QBI
-miscellaneous itemized deductions
What is the floor for medical expense deductibility?
7.5%
What is the cap for state and local tax deductibility?
$10k
Are foster children and step children allowed to be claimed for the child tax credit?
Yes
What interest expenses can be deducted?
Investment interest expense is limited to investment interest income, but may be carried over indefinitely
Personal residence interest, limited to $750k of mortgage indebtedness and limited to 2 houses
Can QBI be deducted without electing itemization?
Yes
What is the limit of the QBI deduction?
20%, but can be used with each business owned
What are the miscellaneous itemized deductions?
-Gambling losses (to the extent of gambling income)
-credit for estate taxes imposed on IRD
-loss on the disposition of an annuity contract
-repayments of income
What is the maximum credit for Adoption Expense and is it refundable?
$15950, no but it can be carried forward for 5 years
What are the rules for the Child Tax Credit?
$2k per child, $1600 is refundable
Married taxpayers must be MFJ
Includes step and foster children
What is the credit amount for child and dependent care?
20% x eligible costs, to a max of $3k for one child or $6k for two
What are the AMT preference items?
Percentage of depletion
Intangible drilling costs
Interest on private activity bonds
What typical deductions are lost under AMT?
State and local taxes, itemized deduction subject to 2% floor
When does the kiddie tax kick in?
Unearned income in excess of $2500
Are nonvacation rental property expenses deductible?
Yes, rental property is considered a trade or business and is deductible against income
How do you avoid hobby rules?
Presumptive rule of section 183:
If activity shows profit 3/5 years (2/7 for horses), it is presumed that taxpayer has profit motivation