Individual Taxation Flashcards

1
Q

Form 1040 Order

A
Gross Income
\+- Adjustments
= AGI
(Deductions)
(Net Exemptions)
= Taxable Income
x Tax Rate
=Tax Liability
(Credits)
\+ SE Tax
\+ AMT
(Withholdings)
(Prepayments)
= Tax Due
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2
Q

Adjustments For AGI

A
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)
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3
Q

Itemized Deductions (Sched A)

A
COMMITT
Charitable contributions 
Other Misc. (Gambling losses)
Medical expenses
Interest
Taxes
Theft or Casualty
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4
Q

When must an individual file a tax return?

A
  • 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
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5
Q

Kiddie Tax Thresholds

A
  • 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
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6
Q

Scholarships are taxable unless..

A
  • Not compensation for services, and

- Money spent for tuition, books, or class supplies for degree-seeking student

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7
Q

Dividends are taxable when received unless..

A
  • 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)
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8
Q

Qualifying Dividend Tax Rates

A
  • 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
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9
Q

Non Qualified Stock Options

A

Taxes when exercised, excess of FMV over exercise price treated as compensation

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10
Q

Qualified Stock Options (ISOs)

A

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)

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11
Q

Injury Awards

A
  • 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)
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12
Q

Prizes and Awards

A

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
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13
Q

Social Security Benefits

A
  • 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
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14
Q

Non-Taxable Debt Forgiveness

A
  • 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
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15
Q

Pensions and Annuities

A
  • 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
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16
Q

Foreign Earned Income Exclusion

A
  • 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
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17
Q

Tax Refunds

A
  • Federal refund not taxable, federal interest = taxable

- State interest taxable, state refund taxable if itemized in PY

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18
Q

Inheritances, Gifts, Life Insurance Proceeds

A

Not taxable to recipient, income received from sale is taxable

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19
Q

Capital Assets

A
  • 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)
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20
Q

NOLs

A
  • 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
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21
Q

Tax Schedules

A
  • 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
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22
Q

Adjustments for AGI - Employment Taxes

A
  • 50% SE tax (7.65%)
  • -6.2% SS no wages up to $132,900
  • -1.45% Medicare - unlimited
  • 100% medical premiums
23
Q

Adjustments for AGI - Business Expenses

A
  • All costs of running/taxes paid by a business
  • Bad debt expense = direct write-off
  • if >$26mil in gross receipts = certain costs are capitalized to inventory produced or held for sale
  • Interest/rent paid in advance is not deductible
  • Gift to customers up to $25 per recipient per year
  • $4 per promotional items
  • 50% meals
  • 100% travel
  • If no profit in 3 of 5 years, loss not deductible (hobby loss)
24
Q

Passive Activity

A
  • Any business venture in which the taxpayer does NOT materially participant (limited partnership interests/ rental activities unless taxpayer is a real estate professional)
  • 7 tests for material participation (meet at least one):
    • > 500 hours
    • taxpayer participation is substantially all participation
    • > 100 hours and not less than any other owner
    • participation 5 of last 10 years
    • participation for any 3 prior years for personal service activities
    • Participation occurs on a regular, continuous and substantial basis
25
Q

Passive Activity Losses (PALs)

A
  • Deductible only to the extent of passive gains
  • Unused losses carried forward until disposal of activity
  • Active participation exception - if taxpayer only actively participated in the rental activity and has at least 10% interest in the activity, they may deduct up to $25,000 of losses against ordinary income each year (reduced by 50% of modified AGI over 100,000)
26
Q

Adjustments for AGI - Contributions to Retirement Plans

A
  • Traditional IRAs - Deductible unless individual is actively participation in another pension or profit-sharing plan and AGI exceeds a threshold amount ($75,000 single, $124,000 MFJ)
  • Roth IRA - not deductible
27
Q

Itemized Deductions - Charitable Contributions

A
  • Deductible to the extent that provided cash/property exceeds any value received from the charity
  • Overall contributions are limited to 50% of AGI
  • Cash contributions limited to 60% of AGI (CARES act made this 100% for 2020 only)
  • Contributions exceeding any of the AGI limitations may be carried forward up to 5 years
28
Q

Donation of Property - Ordinary Income Rule

A
  • Property is ordinary income property if its sale at FMV on the date it was contributed would have resulted in ordinary income or in a short-term capital gain (<=1 year).
  • Can deduct FMV - amount that would be ordinary income or short term capital gain if sold at FMV
  • Limits deduction to the lower of the tax basis in the property or the FMV on the date of the contribution
29
Q

Donation of Property - Long-Term Capital Gain Rule

A
  • Property is capital gain property if its sale at FMV on the date of the contribution would have resulted in a long-term capital gain (> 1 year)
  • Can claim the higher FMV of long term capital gains property
  • Limited to 30% of AGI in a tax year
30
Q

Itemized Deductions - Other Misc. Expenses

A
  • Gambling losses deductible to the extent of winnings

- Excess losses may not be carried over

31
Q

Itemized Deductions - Medical Expenses

A
  • 7.5% AGI limitation
  • Nothing cosmetic except for specific injury, illness, or birth defect
  • Services, goods/devices, health insurance premiums, long term care insurance premiums, transportation costs, prescription drugs/insulin, costs to install medically prescribed facilities in a home
  • Costs paid on behalf of taxpayer, spouse, dependent, or other people for whom the taxpayer provides over 50% support
32
Q

Itemized Deductions - Interest Paid

A
  • Investment Interest expense - interest paid on borrowings that are used to make personal investments, such as margins loans in the purchase of stock
  • Mortgage loan interest (interest incurred on acquisition indebtedness up to $750,000 if home purchased after 12/15/17
33
Q

Itemized Deductions - Taxes Paid

A
  • State and local personal property taxes
  • State and local real estate property taxes
  • State, local, and foreign income taxes
  • Limitation of $10,000 ($5,000 MFS)
34
Q

Itemized Deduction - Theft and Casualty

A
  • Federally declared disaster
  • Casualty losses that exceed 10% of AGI
  • Loss measured by drop in FMV limited to the tax basis of the asset
  • $100 per event
35
Q

Personal Exemptions

A

$0

36
Q

Dependents - Qualifying Child

A
  • JARRS
    • no Joint return with spouse
    • Age, unless disabled (under 19 or 24 if full time student for at least 5 months of the year)
    • Relationship (child, stepchild, foster child, sibling, step sibling, half sibling, or descendant of any such individual)
    • Residency (must live with taxpayer for more than half the year in the US)
    • Support (child must not have provided more than 50% of their own support, not including scholarships)
37
Q

Dependents - Qualifying Relative

A
  • C-IRS-Jack you of money
    • Citizenship or resident (US citizen or resident of US, Mexico, or Canada)
    • Income (limited to $4,200, ignoring social security)
    • Relative, or unrelated and household member for entire year
    • Support - taxpayer must provide over 50% of total annual support (if more than one person supports, but no one more than 50%, can be dependent of any person who paid at least 10%)
    • no Joint return
38
Q

Family Tax Credit

A
  • $2,000 per qualifying child under age 17
  • $50 phaseout per each $1,000 (or fraction) by which taxpayers MAGI exceeds $400,000 on joint return, or $200,000 in all other cases
  • $500 per each US citizen/resident dependent that does not qualify as a child dependent
  • Max refundable = 41,400 per qualifying child
39
Q

Child & Dependent Care Credit

A
  • Requires care for children age 13 or younger. Credit is the lowest of:
    • Actual dependent care expenses
    • Earned income
    • $3,000 for 1 dependent, $6,000 for multiple dependents
40
Q

Adoption Credits

A
  • Costs incurred in adopting a child under the age of 18
  • Limited to first $14,080 of costs, excess may be carried over for 5 years.
  • Phaseouts exist
41
Q

Education Credits - American Opportunity Tax Credit

A
  • First 4 years of post secondary school

- 100% of first $2,000, 25% of the next $2,000, maximum credit of $2,500

42
Q

Education Credits - Lifetime Learning Credit

A
  • Any year of education and can include tuition paid to a qualified institution for education to improve job skills
  • 20% of the first $10,000 paid on behalf of all family members, max of $2,000 per family
43
Q

Saver’s Credit

A
  • Low to moderate income workers to enable and encourage them to make voluntary contributions to IRAs and 401(k) plans.
  • Up to $1,000 ($2,000 MFJ)
  • Income limits (cannot take if making above these levels):
    • MFJ - $64,000
    • HH - $48,000
    • Single and MFS - $32,000
  • Credit can range from 10% to 50%
44
Q

Credit for the Elderly or Disabled

A
  • 65+ or retired on permanent and total disability
  • AGI< $17,500 ($25,000 MFJ if both spouses qualify)
  • Nontaxable social security or its equivalent less than $5,000
45
Q

Earned Income Credit

A
  • Refundable credit
  • Must have earned some form of earned income
  • Qualifying child does not have to meet the support test, must live with taxpayer for more than half the year and have a SSN
46
Q

Increased Medicare Tax Rate for High Income Earners

A
  • Increased by 0.9% for individual taxpayers earning in excess of the threshold levels ($250,000 MFJ, $200,000 all others)
  • Employee - 2.35%
  • Self employed - 3.8%
47
Q

Surtax on Unearned Income

A
  • 3.8% of the lesser of:
    • The taxpayers net investment income
    • The exces of MAGI over the threshold amount ($250,000 MFJ/SS, $125,000 MFS, $200,000 all others)
48
Q

AMT Calculation

A
Regular Taxable Income
\+- Preferences/Adjustments (P-LIERS)
= AMTI before exemption
- Exemption
=AMTI
x Tax Rate
= Tentative minimum tax
- Regular Tax
= AMT
49
Q

Preferences

A
  • Private activity bond interest

- - Used to finance nongovernmental activities

50
Q

Adjustments

A
  • Local and state income taxes, all property taxes, and sales taxes paid
  • Incentive stock options (taxed when exercised for difference between the exercise price and market price of stock)
  • Excess depreciation on personal property (over 150% DDB was used for regular tax purposes)
  • Refunds of local and state taxes (that were included in income for regular tax purposes because the payments were previously deducted)
  • Standard deduction
51
Q

AMT Exemptions

A

MFJ - $111,700
MFS - $55,850
Single/ HH - $71,700

52
Q

Phaseout of AMT Exemptions

A

MFJ = $111,700 - 25% (AMTI before exemption - $1,000,000)
MFS = $55,850 - 25%(AMTI before exemption - $500,000)
All others = $71,700 - 25% (AMTI before exemption - $500,000)

53
Q

Tentative Minimum Tax

A
  • 26% of first $194,800 ($97,400 MFS) of AMT base

- 28% of the AMT base above $194,800 ($97,400 MFS)