Indiv. Tax, Adj./Deductions/Credits (II) Flashcards

1
Q

Interest on home equity loans up to (WHAT amount??) Are deductible?

A

$100,000 in principal (MFJ)

50K if Single

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2
Q

Miscellaneous Itemized Deduction subject to 2% Limitation?

A

You can deduct certain expenses as miscellaneous itemized deductions on Schedule A (Form 1040 or Form 1040NR). You can claim the amount of expenses that is more than 2% of your adjusted gross income. You figure your deduction on Schedule A by subtracting 2% of your adjusted gross income from the total amount of these expenses. Your adjusted gross income is the amount on Form 1040, line 38, or Form 1040NR, line 37.

Generally, you apply the 2% limit after you apply any other deduction limit. For example, you apply the 50% (or 80%) limit on business-related meals and entertainment (discussed later under Travel, Transportation, Meals, Entertainment, Gifts, and Local Lodging ) before you apply the 2% limit.

Deductions subject to the 2% limit are discussed in the following three categories.

  • Unreimbursed employee expenses (Schedule A (Form 1040), line 21 or Schedule A (Form 1040NR), line 7).
  • Tax preparation fees (Schedule A (Form 1040), line 22 or Schedule A (Form 1040NR), line 8).

•Other expenses (Schedule A (Form 1040), line 23 or Schedule A (Form 1040NR), line 9).
(See below)

Other Expenses

You can deduct certain other expenses as miscellaneous itemized deductions subject to the 2%-of-adjusted-gross-income limit. On Schedule A (Form 1040), line 23, or Schedule A (Form 1040NR), line 9, you can deduct the ordinary and necessary expenses that you pay:

  1. To produce or collect income that must be included in your gross income,
  2. To manage, conserve, or maintain property held for producing such income, or
  3. To determine, contest, pay, or claim a refund of any tax.

[You can deduct expenses you pay for the purposes in (1) and (2) above only if they are reasonable and closely related to these purposes. ]

These other expenses include the following items.

  • Appraisal fees for a casualty loss or charitable contribution.
  • Casualty and theft losses from property used in performing services as an employee.
  • Clerical help and office rent in caring for investments.
  • Depreciation on home computers used for investments.
  • Excess deductions (including administrative expenses) allowed a beneficiary on termination of an estate or trust.
  • Fees to collect interest and dividends.
  • Hobby expenses, but generally not more than hobby income.
  • Indirect miscellaneous deductions from pass-through entities.
  • Investment fees and expenses.
  • Legal fees related to producing or collecting taxable income or getting tax advice.
  • Loss on deposits in an insolvent or bankrupt financial institution.
  • Loss on traditional IRAs or Roth IRAs, when all amounts have been distributed to you.
  • Repayments of income.
  • Repayments of social security benefits.
  • Safe deposit box rental, except for storing jewelry and other personal effects.
  • Service charges on dividend reinvestment plans.
  • Tax advice fees.
  • Trustee’s fees for your IRA, if separately billed and paid.
  • Net gambling losses are not subject to this 2%.
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3
Q

Tax Benefit Rule

A

IRC Section 111 provides that gross income does NOT include income attributable to the recovery (during the taxable year) of ANY amount deducted in ANY prior taxable year,, to the extent such amount did not reduce the amount of tax previously imposed.

Tax Benefit Rule

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4
Q

Where are unreimbursed employee business expenses deducted?

A

Schedule A, Itemized Deduction

Again.. this happens after factoring what your AGI is for the year.

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5
Q

Do schools for the handicapped count as medical expenses?

A

Yes

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6
Q

Is self-employment tax ever an itemized tax deduction?

A

No.

But you subtract 1/2 of it to arrive at AGI.

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7
Q

Rule on deducting Investment Interest Expense

A

The deduction for investment interest expense is limited to NET taxable investment income (EG all other investment expenses have been netted out of income already) .. remainder is what is possible to deduct as Inv. interest Expense

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8
Q

Adoption Credit Limitation

A

Total amount is $13,400

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9
Q

2 ways to treat taxes an individual pays to a foreign country, for tax purposes?

A

1) Treat as credit against federal income taxes due

2) Itemize the deduction (NO 2% restriction)

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10
Q

What are the refundable tax credits?

A

Earned income credit, and POSS. Childcare tax credit

The rest are PERSONAL credits, that cannot result in a monetary tax return to the individual.

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11
Q

Child and Dependent Care Credit: WHO And HOW (to calculate)

A

Who:

a) qualifying child under 13
b) disabled dependent of any age who is unable to care for himself … does not have to pass SUPORT or CARES, but must pass 50% support test
c) disabled spouse unable to care for themselves

HOW (To calculate):
RULE 1 - $3K for 1 dependent, $6K for 2+ dependents
RULE 2 - Claim for dependents is limited to lowest income-earning spouse (EG you could spend $6000, but if wife Mary only makes $2K, that’s your cap/threshold)
RULE 3 - Take the qualifying amount (As per above) and multiply by 20% to arrive at Child and Dependent Care Credit Claimed

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12
Q

Dependent and Child Care Credit - what expenses count?

A

Babysitter, Nursery school, daycare

NOT Grammar school

Must be undertaken for purpose of guardian to be gainfully employed (working or looking for work)

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13
Q

Earned Income Credit - WHO

A

Who:

1) Taxpayers who had USA as main home for more than half of the taxable year
2) Meet certain low-income thresholds
3) Be over 25 and less than 65 (spouses as well)
4) Joint return with spouse with certain exceptions, EG neither spouse can be a dependent

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14
Q

Earned Income Credit - HOW (to compute)

A

1) Single Taxpayer - 7.65% earned income, for max. credit of $503 (no children)
2) Taxpayer with One Qualifying Child - 34% of earned income, for max. credit of $3359
3) Taxpayer with two Qual. Children - 40% of earned income, for max. credit of $5,548
4) TP with 3+ Qual. Children - 45% of earned income, for max. credit of $6,242

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15
Q

SS Tax withheld at greater than maximum for a particular year?

A

Employee may claim the excess as a credit against income tax, IFFF that excess resulted from correct withholdings from 2 or more employers.

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16
Q

Alternative Minimum Tax - Definition, and WHAT FORM.

A

The alternative minimum tax (AMT) is a tax designed to ensure that taxpayers who take a large number of tax-preferential deductions, pay a MINIMUM amount of tax on their income.

The AMT is the excess of the tentative AMT, over regular taxed amount.

Form 6251 is AMT-Individuals

17
Q

Alternative Minimum Tax - Calculation

A

1) Arrive at Alternative Minimum Taxable Income, or AMTI, in the following:
Reg. Taxable Income +/- Adjustments + Preferences(EG itemized deduction) = AMTI [larger number here]

2) Subtract one FREEBIE Exemption
3) Whatever is left over is called alternative minimum tax base, – multiply THAT times a tax computation, and that’s your “minimum tax”
4) Check if there are any credits, and subtract if necessary
5) Take what’s left over, and compare that to the minimum (EG your regular tax) and if it’s MORE than the regular, then you gotta PAY that extra (paying the AMT)

18
Q

AMT - Exemption Amounts

A

The amount is indexed every year, and you will subtract away from it depending on your threshold (The number you remain with is to be your exemption amount)

EG: “maximum exemption amounts” and income thresholds are produced each year. If your AMTI exceeds the $158,900 threshold for example, then that excess needs to be multiplied by 25%, and that amount needs to come out of possible exemption amount to arrive at actual exemption amount.

19
Q

AMT Adjustments - PANIC TIMME

Adjustments

A

*PANIC may increase OR decrease AMTI .. TIMME may be deductions for regular tax purposes, but not AMT purposes.

P- Passive Activity Losses: Added back, or recalculated
A- Accelerated dep. on post-1986 purchases must be Re-adjusted
N- Net Operating Loss of indiv. taxpayer - must be Re-computed
I- Installment income of a dealers- may NOT be used for property sales
C- Contracts (long-term) - any difference between % completion method and completed contract method, or any other method, is an adjustment.

(all TIMMEs are added back in!)
T- Tax “deductions” - taxes reduced by taxable refunds are added back.
I- Interest deduction on SOME home equity loans (NOT your main home mortgage): Added back, and investment int. expense must be re-calculated
M- Medical Deductions per AGI thresh (Add back)
M- Misc. 2% deductions not allowed (i.e., Add back)
E - Exemptions (personal) and standard deductions - may NOT be claimed.

(PS - charity is NOT an add-back for AMT)

20
Q

AMT Tax Preference Items (Add-Backs) - the PPP

Preference Items

A

(This means these items are usually tax-free, but for the sake of AMT they WILL be taxable, and increase poss. AMT)
All 3 are TAX FREE for regular tax, INCLUDABLE in minimum tax

P- Private activity bond interest income (on certain bonds)
P- Percentage depletion the excess over adjusted basis of property
P- Pre-1987 accelerated depreciation

21
Q

Credit for Prior Year Tax (AMT Credit )

FACCE It, these credits count!!

A

1) Offset regular tax - EG certain allowable AMT paid in taxable year may be carried over as a credit in subsequent taxable years. (It may only reduce reg. tax in the future, not AMT of the future)
2) Carryforward pd. on this credit is Forever
3) Limitation on the credit as follows - AMT created from certain permanent differences cannot be carried forward as part of the credit. Therefore, if AMT is paid due to these items, it can never be recovered.

PERM DIFFERENCES include - tax deductions, and int. deductions on some home equity loans

CREDITS THAT WORK: FACCE it

F- *Foreign Tax Credit*
A- Adoption Credit
C- Child Tax Credit
C- Contributions to Retirement Plan
E- Earned Income Credit
22
Q

AMT - CORPORATE initial exemption amount, and Phase-out level

and RULE

A

initial = $40,000
phase-out level = $150,000

RULE: reduce normal exemption (40K) by the amount phased out on Excess of 150K.

EG:
200K AMTI
150K Phase out thresh
=
50K excess
x 25% = 12,500

40,000-12,500 phases out = 27,500 Allowable Exemption Amnt from AMT

23
Q

when does S/h basis get reduced for C corps?

A

When Non-Liquidating Cash Distributions exceed Current+Acc earnings and profits.

Because THEN, the part not being received as dividends, is considered return of capity. And the shareholder’s adjusted basis in Corp. stock will go down.

24
Q

What is the “at risk” rules related to for S-corps?

A

Limits deductibility to amnt. taxpayer has at risk (taxpayer level not corp level)

25
Q

What are required types of shareholders, when speaking of s-corps?

A

individuals, estates, a voting trust, a grantor trust, and/or a bankruptcy estate

100 or fewer stockholders, tho Married Couple counts as 1 holder.

26
Q

How many stockholders must consent to a change to S-corp?

How many to elect to NOT be an S-corp?

A

ALL stockholders must consent to creation.

50% and up of stockholders of S-corp, must consent to revoke.

27
Q

How many classes of stock in an s-corp?

A

1 only, though “voting and nonvoting” stock can exist and just only constitute one class for election and revocation purposes