Income Tax Planning Flashcards
Sources of
Federal Tax Law/Authority
• Internal Revenue Code: primary source of all tax law
• Treasury regulations: great authority. but not law
• Revenue rulings and Revenue procedures: administrative interpretation/ma) 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
Step Transaction
Ignore the individual transactions 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.
Sham Transaction
A transaction that lacks a business purpose and economic substance will be ignored for tax purposes.
Example: A sale by XYZ to ABC, but both XYZ and ABC are owned by the same persons.
Substance Over Form
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.
Assignment of Income
Income is taxed to the tree that grows the fruit even though it may be assigned to another prior receipt.
Example: Mr. T owns XYZ, an S Corporation. He directs that all income be paid to his son. Mr. T reports no income.
Dates for Paying Estimated Taxes
- April 15
- June 15
- September 15
- January 15
IRS Penalties
Frivolous return: - $5,000
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)
Federal Withholding Tax Underpayment
Penalty
To avoid, pay the lesser of
- 90% of the current year’s tax liability
- 100% of the prior year’s tax liability (or 110% if the last year’s adjusted gross inocme exceeded $150,000)
Adjustments for
Adjusted Gross Income
(AGI)
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
Schedule A
Itemized Deductions
- 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
Investment Expense
tax treatment
Investment expenses are directly connected with the production of investment income (IE: margin interest). In determining net investment income, the 2% miscellaneous itemized deductions must be taken into
account, specifically investment advisor fees. In other words, investment income is offset by deductible investment advisor fees.
Casualty Losses
Calculation of the deductible loss
First: Use the lesser of basis or FMV
Second: Subtract any insurance coverage
Third: Subtract $100 (floor)
Fourth: Subtract 10% of AGI
Schedule A
subject to 2% of AGI - major ones
. Fees to investment counselors
. Tax advice and preparation fees
. Professional and business association dues
. Unreimbursed employee business expense
. Employee home office expense
Kiddie Tax
All net UNEARNED income of a child who has NOT attained age 18 or turns 19-23 ifa full-time student and who has at least one parent alive is taxed at the marginal rate of child’s parents regardless of the source of the assets.
Children under 18 are entitled (2014) to a standard deduction amount ($1000) and an additional $1000 of unearned income will be taxed at the child’s rate (10%).
Self-Employment Income
- 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
