Income Tax Flashcards

1
Q

IRC

A

primary source of all tax law

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2
Q

Treasury Regulations

A

source of tax law

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3
Q

Revenue Rulings/Procedures

A

administrative interpretation/cited as precedent

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4
Q

congressional committee reports

A

indicate intent of congress/not cited as precedent

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5
Q

private letter rulings

A

apply to a specific taxpayer & situation

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6
Q

judicial sources

A

court decisions interpret law or fax

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7
Q

RIA

A

research institute of america publish reference books on federal income tax DO NOT CITE TO AUDUIT/TAX COURT

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8
Q

cch

A

commerce clearing house publish reference books on federal income tax DO NOT CITE TO AUDUIT/TAX COURT

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9
Q

Estimated Tax Pay Dates

A

April, June, Sept, Jan 15
1 + 2+ 3+ 4

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10
Q

Filing Dates

A

April 15 - Oct 15 (filing time may be extended but NOT time to pay

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11
Q

Audit Representation

A

attorney, cpa, enrolled agent, enrolled actuary, other persons permitted

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12
Q

Frivolous Return

A

5k penalty

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13
Q

Negligence

A

20% Penalty on the UNDERPAYMENT NOT THE INTEREST

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14
Q

Civil Fraud

A

75% penalty on the UNDERPAYMENT NOT THE INTEREST

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15
Q

failure to file

A

5% for each month missed, max 25%

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16
Q

failure to pay

A

P = POINT
0.5% for each month missed, max 25%

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17
Q

estimated tax

A

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

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18
Q

Divorce Filing Status

A

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)

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19
Q

Qualifying Widower Status - No Dependents

A

file jointly in year of death, then single the following year

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20
Q

Qualifying Widower Status - Dependents

A

file as qualifying widower using MFJ for 2 years following year of death (if you stay unmarried and maintain a home for the child)

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21
Q

Gross Income Inclusions

A

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

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22
Q

Adjustments for AGI/Above the Line

A

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

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23
Q

How do Roth IRAs Show up on the 1040?

A

They do not (for test purposes)

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24
Q

Standard vs Itemized Deduction

A

AGI reduced by greater of standard deduction or itemized deduction

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25
65 and Blind
single: 1950 mfj: 1550 extra STANDARD deduction for each item, 65 and blind
26
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)
27
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
28
Deductible Loss Calculation
Lesser of Basis or FMV Subtract insurance coverage Subtract $100 Subtract 10% of AGI
29
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
30
Meals & Entertainment Expense
not lavish or extravagant expenses for activities for taxpayers employees (i.e. office parties) are deductible meals are 50% deductible
31
Entertainment Expenses for Corps
corps can pay 100% of the expense but cannot deduct anything for it
32
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
33
SE Income INCLUDES
NBGP (Not boutta go pro) NET schedule c income board of directors fees GP (k-1) income part time earnings
34
SE Activities that are NOT Included in SE Income
RDWD (real dudes wear dior) Real estate income or rents paid Distributive share of income or loss of limited partner Wages from S Corp Distributions from S Corp
35
Taxable Wage Base
168600 the max amount of earned income that employees must pay social security taxes amounts above 168600 are only subject to medicare tax NOTE: in test questions, if SE income is over 168600, you did something wrong. they will not give you an amount above this
36
SE Tax
.1413 deductible part: 1/2 of that, .0765 multiply by NET schedule C income net = gross income - expenses
37
FICA Taxes
on w2 earnings up to 168600 - employee and employer each pay 6.2 +1.45 (15.3) total of FICA taxes 1.45 medicare (total 2.9%) paid when over the taxable wage base
38
Credit for Child and Dependent Care
UP TO AGE 13 20% of allowable expenses 3k for 1 dependent 6k for 2 ore more dependents
39
Child Tax Credit
2k per child under 17 (includes step and foster) up to 1700 is refundable 400k MFJ MAGI phaseout 200k S MAGI phaseout
40
Credit for Other Dependents
500 dependents in HH that are not kids dependent cant have taxable income over 4500
41
Adoption Credit
all qualified expenses are eligible (court, attorney, cost to adopt foreign child, adoption fees) for kids 17 and younger, kid at any age with special needs NONQUALIFYING: - surrogates - adopting spouses kid can claim expenses from previous years expenses from this year d following year will be claimed the year incurred
42
Elderly and Disabled Credit
nonrefundable 65 + permanently and totally disabled
43
Foreign Tax Credit
EACH year: select a credit or deduction for foreign taxes paid nonrefundable
44
Earned Income Credit
REFUNDABLE for people who wore and have income under certain amountsI
45
Installment Sale Gain Calculation
profit/total contract price = gross profit percentage installment x gross profit percentage = LTCG
46
Related Party Tax Trap
property sold to related party and related party sells within 2 years: ALL GAIN NOW TAXED RETROACTIVELY IN FIRST YEAR to me even thought installment sale payments continue
47
NOL
net operating losses if biz operations result in excess of deductible expenses over gross income, excess is a net operating loss that can be carried forward to reduce taxable income. NO CARRYING BACK
48
Section 1244 Qual Biz Stock
only applies to first million dollars of stock (C or S) issed loss of 100k/yr jt or 50k otherwise is ORDINARY for that year, and the 3k cap loss. without the 1244 stock, you dont get the ordinary loss for this year only the carry forward
49
QBI
up to 20% of QBI from PASS THROUGH ENTITIES (sole prop, partnership, s corp, llcs) phased out for service related businesses
50
role of limited partner
LPs must have at least 1 gp. limited partners are liable for debt only to the extent of their capital investment not active in investment operations
51
basis -> cost basis
increased by legal fees, commissions, sales tax, freight, improvements NOT REPAIRS, RE TAXES, OPERATING EXPENSES
52
197
intangibles amortized
53
179
qualifying property: 1245 CANNOT CREATE LOSS limited to taxable income from ANY biz expense up to 1.22mm in year of acquisition (if over 3050000, reduced $ for $) why? to not have to maintain macrs schedule
54
1245 property
CAT CORN CAT C 5 year - computer, auto, truck 7 year - office equipment except computers
55
1250
CATCORN RN 27.5 - res real estate 39 - commercial real estate
56
1031 exchanges qualifying property
only real estate
57
1031 exchange key items to remember
if you receive boot: gain recognized is boot if you pay boot: no gain recognized your basis carries over 3 numbers to know: fmv received, adjusted basis of given up property
58
Section 121 Exclusion
500k mfj, 250k single live there 2 of 5 years preceeding sale **realized or recognized gain*** realized would be before the exclusion, recognized would be after
59
AMT Preference Items
IPOD intangible drilling private munis oil and gas PERCENTAGE depetion depreciation (macrs/acrs only, no straight line)
60
AMT add back items
stock option bargain element re, state/city taxes home equity unless used for home improvement
61
how to avoid amt
increase taxable income 1. defer payment of charitable giving, prop/state taxes, deductible med expenses (MORE TAXABLE INCOME) DEFER EXERCISE OF iso OR disqualify so it becomes NSO purchase pulblic purchase munis
62
25k loss for active participants
deduct 25k/year from RE activity from active or portfolio income phased out 100-150 on 2 for 1
63
Rental of Principal Res
rent for fewer than 15 days, rental income is excludible but no deductions allowed
64
Rental of Vacay Home
personal use cannot exceed longer of 14 days or 10% of rental period
65
Deduction Equivalent Credit//Credit Equivalent Deduction
Deduction Equivalent Credit (i.e. of 25000) multiply by tax rate (credit will be smaller than the deduction) 25k x 37% = 9250 credit / tax rate = deduction amount ALLOWED ANNUALLY FOR 10 YEARS
66
Low Income Housing Programs
NO PHASEOUT deduction equivalent tax credit up to 25k
67
Sources of Phantom Income
INS: lapse w loan section 162 Inv: zero/strips/tips declared but not paid divs & cgs tax: k1 income from lp/flp recaptures ret: esop (basis only) secular tr
68
Hobby Loss
activity w net income (prfit in 3 of 5 consecutive years = biz) horses: 2 of 7 years NO DEDUCTING HOBBY RELATED EXPENSES
69
Retirement Savings Credit
no credit for agi over 76,500 MFJ max 2k single, 4k mfj 50,20,10% of contribution
70
Cash Method of Accounting
under 29 million in revenue
71
Accrual
mandatory if biz averages over 29mil in rev during 3 prior years
72
LLP
general partners not personally liable for malpractice related claims arising from misconduct ofanother gp
73
Accumulated Earning Tax
corp can accumulate 250k (150k for psc) without establishing a biz need. 20% of the accumulated taxable income for that year (over the 250k) encourages corps to pay dividends
74
Simple Trust
income IS distributed income taxed to beneficiary normally no distribution of corpus no charitable gifts still treated as sep tax entity exemption 100
75
Complex Trust
income must/may be accumulated income accumulated is taxed to trust, distributed is taxed to bene corpus can be distributed may make charitable gifts MUST BE IRREVOCABLE taxed as distinct entity exemption 300
76
DNI
limits the amount that trust benes must report as income trust can claim deduction for amount distributed limit portion that is taxable to beneficiaries no double taxation income dist deduction is lesser of DNI or amt distributed to benes
77
What Property can you NOT use MACRS on
land and intangibles
78
Decedent Carryforward Loss Treatment
can only use in estates final return (1041)
79
Installment Sale Dep Recovery
all depreciation recovered in year of sale use 1245 recapture rules recapture up to realized gain excess gain (1231 amt) is subject to installment sale rules
80
Wash Sale Rules
basis of stock (lot that triggered wash sale) increased by amount of disallowed loss
81
Charitable Bargain Sale
find "sold" portion of basis sold portion proceeds - above