Individual Taxation Flashcards
Form 1040 Order
Gross Income \+- Adjustments = AGI (Deductions) (Net Exemptions) = Taxable Income x Tax Rate =Tax Liability (Credits) \+ SE Tax \+ AMT (Withholdings) (Prepayments) = Tax Due
Adjustments For AGI
I-EMBRACED Interest on student loans ($2,500 max) Employment Tax - 50%, Medical Premiums 100% Moving Expenses - military only Business Expenses (Sched C) Rent/Royalty & Flow-Through Entities (Sched E) Alimony (grandfathered in for divorces finalized before 2019) Contributions to Retirement (KEOGH/IRA) Early Withdrawal Penalty Jury Duty Pay HSA contributions Farm Income (Sched F)
Itemized Deductions (Sched A)
COMMITT Charitable contributions Other Misc. (Gambling losses) Medical expenses Interest Taxes Theft or Casualty
When must an individual file a tax return?
- If their income is greater than the standard deduction
- Have net self employment earnings of $400 or more
- Are claimed as a dependent on another taxpayers return and have gross income greater than the dependents standard deduction (Either $1,100 or earned income + $350)
- Are receiving advanced payments of the EIC or the PTC
- Are subject to Kiddie Tax
Kiddie Tax Thresholds
- Unearned income up to dependent’s standard deduction ($1,100) = Not taxed
- Unearned income above standard deduction up to $2,200 threshold ($1,100-$2,200) = Child’s regular rate
- Unearned income above $2,200 = Parent’s tax rate
Scholarships are taxable unless..
- Not compensation for services, and
- Money spent for tuition, books, or class supplies for degree-seeking student
Dividends are taxable when received unless..
- Life insurance dividend - return of premium (but interest on the dividend is taxable
- Received from a S corp
- Stock dividends or stock splits on common stock (stock dividends from preferred stock are taxable at FMV) (Cash and property dividends from common stock are taxable)
- Liquidating dividend (return of capital)
Qualifying Dividend Tax Rates
- 0% if income < $39,375 for individuals, < $78,750 for MFJ and SS, and < $52,750 for HH
- 15% if income greater than thresholds listed above and < $434,550 for individuals, < $488,450 for MFJ/SS, and $461,700 for HH
Non Qualified Stock Options
Taxes when exercised, excess of FMV over exercise price treated as compensation
Qualified Stock Options (ISOs)
Taxed when stock is sold, difference between sales price and exercise price treated as capital gain or loss
(For AMT purposes, ISOs are taxed when exercised)
Injury Awards
- Nonphysical = taxable (discrimination, punitive damages, lost business profits)
- Bodily Injury = tax free (pain and suffering for physical injury, workers comp, reimbursement of medical expenses paid and not itemized on schedule A)
Prizes and Awards
Taxable at FMV unless all conditions are satisfied:
- No services required of recipient
- Selected without any action on recipients part
- Payment assigned by recipient to governmental unit or charitable org
Social Security Benefits
- 0 - 85% of benefits may be taxable
- In general, a person collecting social security who has less than $25,000 of provisional income can exclude all social security benefits, while those with provisional income >$60,000 usually are subject to the maximum 85% inclusion
Non-Taxable Debt Forgiveness
- Gifts, bequests, inheritances
- Cancellation of qualified student loans
- Debt that, upon payment, would provide a tax deduction to the taxpayer
- Debt that is cancelled in a title 11 bankruptcy case
- Debt that is cancelled when the debtor is insolvent (debt>debtors assets)
- Qualified farm indebtedness
- Qualified real property business indebtedness
Pensions and Annuities
- Amount considered return of capital = not taxable
- All employer funded = all benefits are taxable
- Cost of annuity/Expected total annuity payments = % of each payment that is excluded from taxes
Foreign Earned Income Exclusion
- Can exclude up to $105,900 of income earned in a foreign country
- Bona Fide residence test -US citizen who is a foreign resident for an uninterrupted period that includes an entire taxable year
- Physical Presence Test - US citizen or resident present in a foreign country for at least 330 full days in any 12 month period
Tax Refunds
- Federal refund not taxable, federal interest = taxable
- State interest taxable, state refund taxable if itemized in PY
Inheritances, Gifts, Life Insurance Proceeds
Not taxable to recipient, income received from sale is taxable
Capital Assets
- Long-term capital gains - Same taxable rates & thresholds as qualifying dividends
- Short-term capital gains are taxed at ordinary tax rates
- Net capital loss up to $3,000 is allowable against an individuals ordinary income (can be carried forward indefinitely)
- Personal assets - gains on sale are taxed except for gain on personal residence up to $250,000 (losses not deductible)
NOLs
- Carried forward indefinitely
- Deduction limited to 80% of taxable income each year
- Calculation - all taxable income & deductions except for:
- Capital losses in excess of capital gains
- Nonbusiness deductions (standard deduction) in excess of nonbusiness income
- NOL carryforwards
- The section 199A qualified business income deduction
- Personal exemption
Tax Schedules
- A = Itemized Deductions
- B = Interest and dividend income
- C = profit and loss from a business (employer expenses/ 1099 income)
- D = Capital gains and losses (ST and LT investments)
- E = supplementary income or loss (RRF-COP)
- Rental
- Royalty
- —Copyrights
- —Oil/gas leases
- —Patents
- -Flow-through entities (schedule k-1 income: S corps, partnerships, estates & trusts)
- F = Profit and loss from farming