Income Tax Flashcards
Exclusions Gross Income
- Gifts
- Inheritances
- Child Support
- Muni Bond Income
- Worker’s Comp
- Compensatory Damages
Frivolous Return Penalty
$5,000
Negligence on Return Penalty
20% of underpayment due to negligence
“Negligence” is a blatant disregard for tax law or failure to report material information
Fraudulent Return Penalty
75% of underpayment due to fraud
“Fraud” is the willful and intentional disregard for tax law in an attempt to cover information or reduce tax payment
Estimated Tax
Avoid Penalty amounts
Pay:
90% of current year’s tax liability
Or
100% of last year’s tax payment
110% if AGI > $150K
Failure to Pay Penalty
0.5% per month on tax due, up to 25% max
Failure to File Penalty
5% per month on tax due, up to 25% max.
Hobby Loss Rule
Can deduct expenses (to the extent of revenues) subject to 2% of AGI if…
Enterprise generates net income for less than 3 of 5 consecutive years
Horses - 2 of 7 consecutive years
Step Transaction
“Step-out, then Step-back-in”
XYZ inc. sells property to ABC inc. then ABC inc. sells to a subsidiary of XYZ.
Tax the ultimate transaction, ignore the individual transaction.
Sham Transaction
“Internal sale”
XYZ inc. sells property to subsidiary of XYZ inc.
Ignored for tax purposes, lacks economic substance
Substance over Form
Paying your own salary and calling it something else besides income
CEO takes a loan from the company with no intent to repay - it is really compensation
Assignment of Income
“Tax the tree that bears the fruit”
Man tries to funnel income to his son who has a lower tax bracket.
The man is taxed on the income, not his son.
Adjustments to Gross Income
“For AGI”
“Bottom Front of 1040”
- Educator Expenses
- HSA
- Moving Expenses
- 1/2 Self-Employment Tax Deduction (.07065)
- SEP/ Keogh contributions
- Alimony Paid
- penalty on early withdrawal
- IRA Contributions
- Student Loan Interest
- 100% of Self-employment health insurance
Deductions From AGI
“Below the line deductions”
Back of 1040
Standard or Itemized Deductions
Standard Deduction Amounts
Single $6,300; married $12,600; head of household $9,250
Elderly or Blind: single $1,550; married $1,250
Child unearned income: $1,050 (kiddie tax)
Itemized deductions
(Schedule A)
- Medical, dental, qual LTC > 10% of AGI (Age +65 >7.5% until 2016)
- State and Local Taxes; sales tax
- personal property tax
- Charitable Gifts
- mortgage insurance (
Itemized Deductions Limitation
Deductions are reduced by 3% of AGI above $258,250 (single) or $309,900 (joint). Cannot exceed 80% of deductions amount.
This does not apply to medical expenses, investment interest, wagering losses, or casualty and theft losses.
Qualified Residence Interest Rules
Limits on Mortgage Interest Deduction
All loans on residence +$1MM and money is used to build, buy, or improve:
Only interest on first $1MM is deductible
Any other purpose: interest on first $100K is deductible
Limit on Investment Interest Deduction
Total amount up to net investment income
Ex: Investment Income of $2,500 in 2015
Margin interest paid: $5,500
Can deduct only $2,500
Qualified Dividends
Taxed at LTCG rates; not ordinary income
Taxpayer can elect to pay ordinary income so as to boost investment income amount - higher interest expense deduction
Investment Expenses Calculation
Subtract investment expenses (advisor fees, cost of execution, etc.) from investment income
THEN subtract 2% of AGI
Tier II Miscellaneous Deductions reduced/offset by…
2% of AGI “2% calculation”
Subtract 2% of AGI from aggregate miscellaneous deductions
Exceptions (Tier I deductions): impairment-related work expenses for handicapped, gambling losses