Income Tax Flashcards
IRC
primary source of all tax law
Treasury Regulations
source of tax law
Revenue Rulings/Procedures
administrative interpretation/cited as precedent
congressional committee reports
indicate intent of congress/not cited as precedent
private letter rulings
apply to a specific taxpayer & situation
judicial sources
court decisions interpret law or fax
RIA
research institute of america publish reference books on federal income tax DO NOT CITE TO AUDUIT/TAX COURT
cch
commerce clearing house publish reference books on federal income tax DO NOT CITE TO AUDUIT/TAX COURT
Estimated Tax Pay Dates
April, June, Sept, Jan 15
1 + 2+ 3+ 4
Filing Dates
April 15 - Oct 15 (filing time may be extended but NOT time to pay
Audit Representation
attorney, cpa, enrolled agent, enrolled actuary, other persons permitted
Frivolous Return
5k penalty
Negligence
20% Penalty on the UNDERPAYMENT NOT THE INTEREST
Civil Fraud
75% penalty on the UNDERPAYMENT NOT THE INTEREST
failure to file
5% for each month missed, max 25%
failure to pay
P = POINT
0.5% for each month missed, max 25%
estimated tax
no penalty if taxpayer pays lesser of 90% of this years estimated tax or 100% of last years. if agi over 150k, then 110% of last years
Divorce Filing Status
if because of divorce: based on status at year end (12/31). if no kids: single (indefinitely). if dependent kid: head of household (until kid leaves)
Qualifying Widower Status - No Dependents
file jointly in year of death, then single the following year
Qualifying Widower Status - Dependents
file as qualifying widower using MFJ for 2 years following year of death (if you stay unmarried and maintain a home for the child)
Gross Income Inclusions
TRIP TO CUBA
Taxable interest
Real estate (e)
Ira distributions
Pension/annuities/puni
Taxable ssb
Ordinary divs (b)
Cap gains/losses (d)*
Unemployment
Biz income (c)
Alimony received (pre 2019)
*if it is a loss, subtract 3k because this 3k would have been subtracted on the sched d
Adjustments for AGI/Above the Line
SMASH KIPS
Self employed tax (1/2)*
Moving expense
Alimony paid (pre 2019)
Self emp health insurance**
HSA contributions
Keogh or sep
Ira contributions
Penalty for early withdrawal
Student loan int 2500
*.07065 x SE income
**NOT DISABILITY
How do Roth IRAs Show up on the 1040?
They do not (for test purposes)
Standard vs Itemized Deduction
AGI reduced by greater of standard deduction or itemized deduction
65 and Blind
single: 1950
mfj: 1550
extra STANDARD deduction for each item, 65 and blind
Itemized Deductions (Schedule A)
MITCCM (my income tax check comes monday)
Med & dental expenses exceeding 7.5% agi
Investment Interest expense (max: NII, typically margin acct interest)
Taxes (RE, state, local, sales) MAX 10k (SALT)
Casualty losses
Charitable gifts
Mortgage interest (up to 750k of principal. up to 1mm before 2017)
What is Investment Income
income from property held for investment
interest, divs, royalties, ST gain
divs included Only if taxpayer requests to not use reduced rates, LT gains included if taxpayer opts out of reduced rates
Deductible Loss Calculation
Lesser of Basis or FMV
Subtract insurance coverage
Subtract $100
Subtract 10% of AGI
Home Office Deduction
SE ONLY!!!! NO W2!!!!!!
limited to gross income derived from activity reduced by all deductible expenses (net biz income)
prove that you use exclusively for biz and on a regular basis
no other location where they conduct substantial activity
Meals & Entertainment Expense
not lavish or extravagant
expenses for activities for taxpayers employees (i.e. office parties) are deductible
meals are 50% deductible
Entertainment Expenses for Corps
corps can pay 100% of the expense but cannot deduct anything for it
Kiddie Tax
take the higher of earned & unearned income.
1300 - standard deduction
1300 - taxed @ kid ($130)
next amt taxed at parents rate
LTCG taxed at LT rates (so kids would pay 0%)
earned income standard deduction = earned income + 450
NO MORE THAN SINGLE STANDARD DEDUCTION