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CFP > Income Tax > Flashcards

Income Tax Flashcards

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1
Q

Subchapter S Corporation

(eligibility)

A
  • Number of shareholders is limited to 100
  • The corporation can only have a single class of outstanding common stock (no preferred), but the common can be voting and/or non-voting
  • Must be a domestic corporation
  • Only individuals, estates and certain trusts may be shareholders. NOTE: non-resident aliens (persons who are neither citizens nor permanent residents of the US) cannot be shareholders.
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2
Q

Tax Basis - Partnership / LLC

A
  • Cash invested
  • Direct loans made to the partnership
  • Partnership debt - loans made to the partnership - not the partner (bank loans)

NOTE: S-corp basis does NOT include bank loans even if the s-corp owner personally guarantees the debt.

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3
Q

Property Classes

A

1245 Property

  • 5 year - Computers, Autos, Trucks
  • 7 year - Office Equipment except computers

1250 Property

  • 27.5 year - residential rental property
  • 39 year - non-residential real property
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4
Q

Boot / Gain Recognized / Basis

A
  1. No boot received - recognized gain is zero
  2. When boot is received, just answer the recognized gain is the boot received
  3. Boot paid is added to basis
  4. Basis carries over from the prior property
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5
Q

Capital Gains and Losses

(netting)

A

Step 1:

  • ST capital gains and ST losses are netted
  • LT capital gains and LT losses are netted

Step 2:

  • If a gain and loss remain, they are again netted

Step 3:

  • If a loss remains after netting capital gains and losses, only $3000 of the net losses can be used to offset ordinary income
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6
Q

Sale of a Personal Residence

(Section 121)

A
  • 250K (single) and 500k (MFJ) of gain from the sale is tax-free if lived in for 2 out of the last 5 years.
  • Exception available if taxpayer lives in the residence less than two year and moves because of a new job, for health reasons, etc. - received a pro-rated amount
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7
Q

Recapture

(1245 Property)

A

When the sole proprietor purchases equipment and takes depreciation (cost recovery deduction - CRD), the CRDs offset the sole proprietor’s ordinary income. When the sole proprietor sells the equipment for a gain, the sole proprietor must:

  • 1st - look back and recapture the lesser of the CRDs taken or the gain realized as 1245 gain (ordinary income)
  • 2nd - recover any excess gain as 1231 (capital gain)
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8
Q

Section 179

Qualifying vs. Non-Qualifying Property

A

Qualifying:

  • Tangible personal property
  • 1245 Property

Non-Qualifying:

  • Real Estate
  • 1250 Property
  • Intangible (owning a franchise)
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9
Q

AMT Preference Items

(IPOD)

A

Excess Intangible drilling costs (IDC)

Private Activity municipal bond

Oil and Gas Percentage depletion / Excess intangible drilling costs (IDC)

Depreciation (ACRS/MACRS) but not straight line

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10
Q

AMT Add-Back Items

AMT Not-Deductible Items

A

Add Back:

  • Incentive Stock option bargain element
  • Property and income taxes
  • Miscellaneous Deductions - specifically watch out for financial advisor fees
  • Home Equity interest NOT used for home improvement

Non-Deductible:

  • Standard Deduction
  • Personal exemption
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11
Q

Postponing AMT

A
  • Accelerating receipt of taxable income or deferring the payment of property taxes, state income taxes, deductible medical expenses or charitable giving, the regular tax (1040) may exceed the AMT payable (more taxable income)
  • Deferring exercise of incentive stock options (preference item) to a later date or disqualifying the ISO so that it becomes NQSO (subject to ordinary income tax).
  • Purchase public purpose muni bonds instead of private activity bonds.
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12
Q

Historic Rehabilitation Programs

A
  • Historic Rehabilitation programs that are held as passive activity may generate a deduction - equivalent tax credit of up to $250,000. **The benefit of this deduction - equivalent tax credit phases out between $200- 250k of AGI. **
  • How does the deduction - equivalent tax credit work? You calculate your tax to determine the maximum marginal tax bracket. If it is 25%, for example, then you multiply $25,000 by 25% to get $6250.
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13
Q

Low Income Housing Credit

A
  • Low-income housing programs that are held as passive activity may generate a deduction - equivalent tax credit up to $25,000. There is NO phase out.
  • The low income housing credit is allowed annually over a 10 year “credit period.” The depreciation is straight-line over 27.5 years.
  • How does the credit work? For example, multiply 35% by $25,000 to get a credit of $8750.

NOTE: Because there is no phaseout, it produces a higher credit.

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14
Q

Types of Phantom Income

A
  • Insurance - lapse of policy loan, Section 162 life/disability
  • Investments - Zero / Strip Income, TIPS, declared but not paid dividends.
  • Tax - K1 Income from LP/FLP, recapture
  • Retirement - NUA, 20% withholding plan distributions, secular trust
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15
Q

Charitable Giving

A
  1. Calculate the maximum deductible - 50% of AGI
  2. Calculate the eligible amounts given to 50% organizations (public charities) such as all churches, schools, hospitals and organizations such as United Way, Red Cross, Humane Society, etc.
  3. Calculate the eligible amounts given to 30% organizations (private charities) such as private non-operating foundations, war veteran groups, and fraternal orders.
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16
Q

Charitable Giving

(types of property - 50% charities)

A
  • Long-term appreciated property - using FMV deduct up to 30% of AGI
  • Use-unrelated property, ST capital gain property - using basis deduct up to 50% of AGI
17
Q

Sources of Federal Tax Law / Authority

A
  • **Internal Revenue Code: ** Primary Source of all tax law.
  • **Treasury Regulations: **Great authority but not law.
  • **Revenue rulings and Revenue Procedures: **Administrative interpretation / may be cited
  • **Congressional Committee reports: **indicate the intent of Congress / may not be cited
  • **Private Letter Rulings: **Apply to a specific taxpayer
  • **Judicial sources: **Court decisions interpret
18
Q

Step Transaction

A

Ignore the individual transaction and instead tax the ultimate transaction

Example: The XYZ Corporation sells property to an unrelated purchaser who subsequently resells the property to a wholly owned subsidiary of XYZ.

19
Q

Sham Transaction

A

A transaction that lacks a business purpose and economic substand will be ignored for tax purposes.

**Example: **A sale by XYZ to ABC, but both XYZ and ABC are owned by the same persons.

20
Q

Substance over form

A

The substance of a transaction and not merely its form governs its tax consequences.

**Example: **The president of XYZ has the company loan him the money he needs. He never intends to repay the loan or take a salary.

21
Q

Assignment of Income

A

Income is taxes to the tree that grows the fruit even though it may be assigned to another prior receipt.

**Example: **Mr. T owns XYZ, an S Corp. He directs that all income be paid to his son. Mr. T reports no income.

22
Q

Dates for paying estimated taxes

A
  • April 15
  • June 15
  • September 15
  • January 15
23
Q

IRS Penalties

A

Frivolous Return: $5000

Negligence: Penalty is 20% of the portion of the underpayment attributed to negligence.

Civil Fraud: Penalty is 75% of the portion of the tax underpayment attributable.

Failure to file: Penalty is 5% of the tax due per month, with a maximum of 25%.

Failure to PAY: Penalty is 0.5% per month the tax is unpaid, with a maximum of 25% (pay-point)

24
Q

Federal Withholding Tax Underpayment Penalty

(What to pay to avoid it)

A

To avoid, pay the lesser of:

  1. 90% of the current year’s tax liability
  2. 100% of the prior year’s tax liability (or 110% if the last year’s adjusted gross income exceeded $150,000)
25
Q

Adjustments for Adjusted Gross Income (AGI)

A

The second step in the 1040 calculation is adjusted gross income. It is total income (or gross income) less adjustments to income. The main adjustments or deductions to income are:

  • IRA Contributions
  • Self-employment tax
  • Self-employment health insurance (100%)
  • Keogh or SEP
  • Alimony paid
26
Q

Schedule A

Itemized Deductions

A
  • Medical, dental and LTC (10% AGI)
  • Casualty and theft losses
  • Real estate taxes
  • Investment interest expense
  • Home mortgage interest
  • State and local taxes
  • Personal property tax
  • Charitable gifts
27
Q

Investment Expense

(tax treatment)

A

Investment expense are directly connected with the production of investment income (i.e., margin interest). In determining net investment income, the 2% miscelleanous itemized deductions must be taken into account, specifically investment advisor fees. In other words, investment income offset by **deductible investment advisor fees. **

28
Q

Casualty Losses

(calculation of the deductible loss)

A

**First: **Use the lesser of basis or FMV

**Second: **Subtract any insurance coverage

**Third: **Subtract $100 (floor)

Fourth: Subtract 10% of AGI

29
Q

Schedule A

(subject to 2% of AGI - major ones)

A
  • Fees to investment counselors
  • Tax advice and preparation fees
  • Professional and business association dues
  • Unreimbursed employee business expense
  • Employee home office expense
30
Q

Kiddie Tax

A

All net UNEARNED income of a child who has NOT attained the age 18 or turns 19-23 if a full-time student and who has at least one parent alive is taxed at the marginal rate of a child’s parents regardless of the source of the assets.

Children under 18 are entitled (2013) to a standard deduction amount ($1000) and an additional $1000 of unearned income will be taxed at the child’s rate (10%).

31
Q

Self-Employment Income

A
  • Net schedule C income
  • General partnership income (K-1 income)
  • Board of Directors fees
  • Part-time earnings (1099)
  • NOT wages or K-1 distributions from an S corp
32
Q

Self-Employment Tax Calculation

A

The taxable wage base will not exceed $117,000 (2014). If you added up the self-employed income, and you exceeded $117,000, you did something wrong.

Why? Social Security tax stops at $117,000 (2014).

Shortcut: Multiply self-employment income by 0.1413

33
Q

Tax Credits

A
  • Credit for child and dependent care expenses
  • Child tax credit
  • Adoption credit
  • Elderly and disabled credit
  • Foreign tax credit
  • Earned income credit (refundable)
34
Q

Accounting Methods

A

**Cash: **Mandatory where taxpayer’s records reflect only cash transactions, and there are no inventories.

Accrual: Mandatory for purchases and sales where there are inventories.

Hybrid: combines accrual for inventory portion of business and cash for cash portion of business.

**Percentage of Completion: **For long-term contracts where the contract will not be completed within the taxable year started.

35
Q

Personal service businesses that should stay away from doing a regular corporation

A

**H **Health

**A **Accounting / Architectural

**L **Law

**E **Engineering

36
Q

Realized gain versus recognized gain…. What’s the difference

A
  • Realized is economic or inherent gain at the time of the transaction.
  • Recognized is the past of realized that is immediately taxable.
37
Q

An individual is required to file a tax return if earnings from self employment (1099) are more than ______?

A

$400

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