Lesson 2 Basic Income Tax Flashcards
Under Accrual-basis accounting, when do taxpayers report an amount in their gross income?
Earliest of
1. When payment is received
2. When the income is due to the taxpayer
3. When the taxpayer earns the income
What is the constructive receipt doctrine?
It states that when income is readily available to the taxpayer, and that income is not subject to substantial limitations or restrictions, that income is deemed to be constructively received and should be taxed.
1. Substantial limitation or restriction on either the time or the manner of payment, and
2. If the financial condition of the debtor makes payment of the payment in questions impossible, there is no constructive receipt.
Let’s say you have a dividend check mailed out on december 31st, year 1. Does not receive dividend check until year 2 January 3d. Not required to include dividend in income until YR2 because they weren’t available year 1. Also you cannot assign tax liability on income that has been earned to another party.
What is difference between taxable Year and fiscal year
- Fiscal year is 12-month period ending on last day of the month other than December. This can be elected if adequate records are maintained. If individual wants to change their tax year, they must fill out form 1128 to get IRS approval
- Taxable year- an annual accounting period for keeping records and reporting income and expenses
What are additional standard deductions amount and how do you qualify for them?
- Taxpayers age 65 or older or blind are entitled to increased standard deduction. $1850 for individuals
What taxpayers are not eligible for the standard deduction?
- Married filing separately when other spouse itemizes deductions. If one spouse itemizes deductions, as opposed to taking standard deduction, the other spouse must also itemize
- Nonresident alians
- Individuals filing tax returns of less than 12 months.
When taxpayer is claimed as a dependent of another taxpayer will have a limited standard deduction. A dependent’s standard deduction is equal to the greater of
- $1250 (2023)
- $ 400 plus earned income (but not exceeding the normal standard deduction)
- If the dependent is ae 65 or older and/or blind, however the standard deduction may be higher
If individual made income of 10K than deduction would be 10,400 but cannot exceed 10400
Special rules apply to person who can be claimed as a dependent
1. may have reduced basic standard deduction
2. required to file a tax return based on different rules from gross income test by taxpayers who are not dependent
Qualifying child must meet all four tests
- Relationship test- Must be taxpayer’s child, dcescendent of taxpayer’s child, taxpayer’s brother, sister, stepbrother, stepsister, half brother, half sister or a descendent of taxpayer’s brother, sister, stepbrother, stepsister, half brother, or half sister.
Qualifying child is descendant of the taxpyaer, taxpayer’s sibling, or a descedewnt of taxpayer’s sibling. (Cousin not a qualifying child)
- Abode Test- Quailfying child must live with taxpayer for more than half the year. Taxpayer and the dependent are considered to occupy the household even during temporary absenses due to a special cirmcustances such as illness, education, business, vacation, or military service.
- Age Test- must be under the age of 19 as of the end of calendar year or a student under the age of 24 as of the end of the calendar year in order to salsify the age test. Must be a full-time student at education institution during five months of the calendar year.
- support test- if qualifying child does not provide more than one-half of his or her own support during the year. If a child is the taxpayer’s child and is a full time student, amounts received as scholarships are not considered to be support.
What are tie-braker rules for taxpayer allowed to claim the credits
Both Parents- The parent with whom the child lives with the longer
Both parents and child lives with each for same amount of time- the parent with highest adjusted gross income
Only one parent- The parent
Neither is a parent- the taxpayer with high adjusted gross income
When is the noncustodial parent have a qualifying child?
- The parents are divorced or legally seperated under a decree of divorce or seperate maintenance, are seperate under a written seperation agreement, or they lived apart at all times during the last six months of the year
- Child receives over one-half of his support for the year from his parents.
- Child is in custody of the parents for more than half the year
- The custodial parent signs a statement that she will not claim the child for the year, and the noncustodial parent attaches the statement to his return (may use Form 8332)
What is the gross income Test
Gross income of the dependent must be less than the personal exemption amount ($4700 for 2023 even though personal exemption was repealed) for the year. In contrast for a qualifying child, there is no such test
How does the Support Test Work?
Taxpayer must provide more than one-half of the support of a dependent. Support normally includes providing housing, food, clothing, education, and medical treatment.
How does Joint Return Test work?
To satisfy the joint return test, a married dependent must not file a joint return with a spouse unless a tax return is filed only to claim a refund for tax withheld, if neither spouse is otherwise required to file a tax return, and if no tax liability would exist for either taxpayer on separate returns.
What is Citizenship or Residency Test
A dependent must be a citizen or national of the United States or a resident of the United States, Canada, or Mexico during some part of the year
What are the social security benefits calculator
Married Filling Jointly
1. MAGI *32,000
2. MAGI $44,000
If it clears 1st hurdle Lower of:
50% Social Security Benefits
50%[MAGI +.50 Social SECURITY benefits)- Hurdle 1]
If it clears hurdle 2
1. 85% Social Security Benefits
2. 85% [MAGI +.50(Social Security Benefits)- Hurdle 2] plus the lesser of
$6,000 for MFJ or $4500 for all other taxpayers or the
Taxable amount calculated under the 50% formula and only considering hurdle 1
All other Taxpayers except MFS =O
1.$25,000
2. $34,000
What are characteristis of phantom interst?
It is included income even though the lender did not actually receive money. The lender is considered to have made a gift to the borrower in the amount of imputed interest. They are considered gift loans, or tax avoidance loans. Requires lender to impute the interst that would have been earned had the lender made a bona fide interest-bearing market loan.
Below market rate loans by a corporation to a shareholder in that corporation are treated as a dividend to shareholder. as shareholders make loan payments, the payments are treated by corporation as interst income
These are treated as compensation for the employee and are subject to employment taxes. As employee makes loan payments, the employer must treat the payments as taxable interst income.
How is interest calculated on below market loans
- If Loan is 10k or lessinterest income is $0
- If Loan is greater than 100K calculate using the fed funds rate
- for loans greater than 10K or less than or equal to 100K use the lesser of of Net Investment Income or Fed Fund Rate. If Net investment income is Less than or equal to $1,000 zero dollars in interest is computed.
What are the elements of a gift?
-the donor must have the intent to make a voluntary transfer
-the donor must be compentent to make the gift
-the donee must be capable of receiving the gift
-donee must take dlivery
-donor must actually part with dominion and control over gifted property
-Gratuitious transfer of property
-Donor acted out of a “detached and interested generosity made out of affection, respect, admiration, charity or like impulses.
Whether something is a gift is determined by motive, or whether transfer was made as a result of
-detached and dinterested generosity
-from “constraining force of any moral or legal duty” or from the “incentive of anticipated benefit of an enconomic nature”
Amounts transferred from employer to employee won’t be treated as a gift.
How are life Insuranced Proceeeds taxed?
Losses arent’ deductible, however any cash received in excess of what owner paid in premiums is taxed. When life insurance policy is transferred for valuable consideration. the amount received is includable in the owner’s gross income to the extent that amounts exceeds the owner’s basis in the policy. In addition the death benefit will be taxable to new owner. In additioal death benefit proceeds will be taxable to new owner.
Proceeds of life insurance can still be excluded from gross income even if the policy is transferred for valuable consideration. if policy is trasnferred to the insured, partner of insured, partnership in which insured is partner, corporation in which the insured is a shareholder or officer, transferred by tax-free exchange or giftl
Viatical settlement- terminally ill individual, somebody who is expected to result in death in 24 months or less after the date of the certification. Chronically Ill, means individual who has been certified by a licensed health care practitioner as being unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (bathign, toileting, transferring, eating, dressing, continence) for period of at least 90 days due to a loss of functional capacity.
MEC- Fails 7 pay test. If accumulated amount paid under contract during first 7 years exceeds the sum of the net level premiums which would have been paid if the contract provided for paid up future benefits after the payment of 7 level annual premiums. WIthdrawals or loans are treated is lifo treatment.
How are scholarships taxed?
Gross income does not include any amount received as qualified scholarships by individual who is a candidate for a degree at educational orgnaization. The extent that the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses. Does not include amounts received for room and board. This amount must be taxable
Qualified C
Gain on Sale of Personal Resideance
250k if owned for at least two of the last 5 years
500K for married filling jointly- either spouse meets the ownership requirements, both spouses meet the use requierment
-neither spouse is ineligible for the exclusion as a result of having excluded gain on the sale of personal residence is last 2 years.
- Reduced exclusion is available based on change in employment, change of health, other unforseen circumstances. When reduced exclusion isavailable, the amount excluded is based on the period of ownership between the last sale and the current sale (pro rata). Law extends period of time during which a surviving spouse may use the joint tax filers’ $500,000 home sale gain exclusion before being treated as a single individual entitled on to $250k exclusion. Allowed for up to 500K gain exclusion as long as the sale occurs no later than two years after date of death of the deceased spouse. Any appreciation during non qualified use periods are not subject to exclusions