Module 3 Tax Reduction and Management Techniques—Charitable Gifts, Estates & Trusts, Kiddie Tax, and AMT Flashcards
Philip’s grandmother gave securities to him when he was born nine years ago. In 2023, he has dividends of $15,000 from the securities. What is his net unearned income taxed at his parents’ marginal tax rate?
A)
$12,500
B)
$13,850
C)
$14,000
D)
$9,200
a
Some of Philip’s unearned income is taxed at his parents’ marginal tax rate and is calculated as follows: $15,000 UI – $1,250 (standard deduction) – $1,250 (greater of $1,250 for 2023 or amount of allowable itemized deductions directly connected with the production of the unearned income) = $12,500
LO 3.1.1
Which of the following statements regarding below-market loans is CORRECT?
A)
If the borrower’s net investment income for the year does not exceed $1,000, no interest is imputed on loans of more than $100,000.
B)
In a compensation-related loan, the employer has interest income and compensation expense in the amount of the imputed interest, but the employee has received a gift from the employer in the same amount.
C)
For gift loans greater than $10,000 and less than or equal to $100,000, a minimum of $1,000 of interest must be imputed.
D)
For a gift loan, the amount of the imputed interest is treated as a gift from the lender to the borrower.
d
In a gift loan, a gift has been made by the lender to the borrower in the amount of the imputed interest. In a compensation-related loan, the employer has interest income and compensation expense for the amount of the imputed interest. The borrower will have compensation income and interest expense, which may or may not be deductible, for the same amount. For gift loans greater than $10,000 and less than or equal to $100,000, if the borrower’s net investment income for the year does not exceed $1,000, no interest is imputed. For a gift loan of more than $100,000, the prevailing federal rate of interest will be imputed.
LO 3.3.1
Maxine, an individual taxpayer, donated $100,000 in cash to a qualified public charity in Year 1. Her adjusted gross income was $150,000 in Year 1 and $150,000 in Year 2. She makes no donations to charity in Year 2. How much of a tax deduction will she be allowed for this gift in each of the two tax years?
A)
Year 1: $45,000; Year 2: $0
B)
Year 1: $75,000; Year 2: $5,000
C)
Year 1: $45,000; Year 2: $35,000
D)
Year 1: $90,000; Year 2: $10,000
d
Individual cash donations to qualified public charities are limited to 60% of adjusted gross income, but excess amounts may be carried over in subsequent tax years. Sixty percent of Maxine’s Year 1 AGI was $90,000. In Year 1, she can deduct $90,000 of the gift. In Year 2, she can deduct the remainder of $10,000.
LO 3.2.2
Which of the following is NOT an allowable itemized deduction against alternative minimum taxable income?
A)
Medical expenses greater than 7.5% of adjusted gross income
B)
Qualified housing interest
C)
Charitable contributions
D)
State and local income taxes
d
Explanation
State and local income taxes, as well as property taxes, are not allowable itemized deductions. A deduction is allowed for medical expenses in excess of 7.5% of adjusted gross income. A deduction is allowed for charitable contributions. A deduction is allowed for qualified housing interest.
LO 3.3.2
Jamaal owns a professional service corporation. While capital is not a material income-producing factor, he does use certain equipment in his practice. Jamaal would like to assist his 18-year-old son, Jarod, in financing his education at a college located in another state.
Which one of the following intrafamily transfer techniques would be most appropriate?
A)
Convert to S corporation status and give Jarod some of the stock.
B)
Gift the equipment to Jarod and then lease it back from him.
C)
List Jarod as an employee and pay him a salary, even though he cannot provide any meaningful services.
D)
Set up a short-term revocable trust for Jarod’s benefit.
b
The answer is gift the equipment to Jarod and then lease it back from him as the most appropriate intrafamily transfer technique.
LO 3.3.1
Which of the following statements regarding the alternative minimum tax is CORRECT?
If the regular income tax after credits equals or exceeds the individual AMT, then no individual AMT payment is required.
If the regular income tax after credits is less than the individual AMT, then the AMT is not due.
A)
Neither I nor II
B)
I only
C)
II only
D)
Both I and II
b
Statement II is incorrect. If the regular income tax after credits is less than the individual AMT, then the AMT must be paid with this difference, referred to as the AMT payable.
LO 3.3.2
Tony made a $10,000 pledge to his church building fund that he would like to fulfill before the end of the year. He owns stock with a basis to Tony of $15,000 that currently has a FMV of $10,000. He is meeting with his planner to discuss year-end planning and tells the planner about the stock he wants to use as payment of the donation to the church building fund. What should the planner tell Tony?
A)
Tony cannot donate loss property.
B)
Tony should sell the stock and make a cash donation to his church.
C)
Tony should hold on to the stock and gift other property or cash instead.
D)
Tony should donate the stock with the stipulation that the church sells it immediately and take advantage of the capital loss.
b
Tony should sell the stock and take advantage of the capital loss on his income tax return. He can donate the cash from the stock sale to fulfill his pledge to the church building fund.
LO 3.2.2
Which of the following children have income subject to federal income tax at the parent’s marginal tax rate 2023?
Brittney, age 16, earned $5,000 in salary.
Kate, age 14, received $2,800 in mutual fund dividends.
Tony, age 5, received $951 in savings account interest.
Amanda, age 19, a part-time college student, received $2,600 in dividends and interest.
A)
Kate and Tony
B)
Brittney
C)
Kate
D)
Kate, Tony, and Amanda
c
This question involves application of the kiddie tax, which applies to unearned income in excess of $1,250 (for 2023) by a child under the age of 19 before the close of the tax year or a full-time student who has not attained age 24 before the close of the taxable year. Brittney, although under age 18, has only earned income. Amanda is age 19 and only a part-time college student, so she is not subject to the kiddie tax. Finally, Tony, age 5, has unearned income, but it is less than $1,250. Only Kate is subject to the tax.
LO 3.2.1
Imputed loan interest is usually taxable and occurs when
A)
the loan is secured by specific real property.
B)
a company loan is provided to an employee.
C)
a loan is provided by a related person at below-market terms.
D)
bonds are gifted by an employer.
c
Imputed loan interest is usually taxable and occurs when a loan is provided by a related person at below-market terms.
LO 3.3.1
Jim made charitable contributions of cash to a local university, a qualifying charitable organization. Jim’s cash contributions for the current year totaled $80,000. Jim has an AGI of $120,000. What is the amount of charitable contribution deduction that Jim may claim in the current year?
A)
$60,000
B)
$72,000
C)
$24,000
D)
$36,000
b
Gifts of cash to a 50% organization are limited to 60% of AGI under TCJA. Sixty percent of the $120,000 AGI equals $72,000. Jim would also have an $8,000 carryforward.
LO 3.2.2
Which of the following are items of tax adjustments for the individual alternative minimum tax?
Medical expenses in excess of 7.5% of adjusted gross income
Percentage depletion deduction in excess of adjusted basis
Deduction for gambling losses to the extent of gambling income
Tax-exempt interest on qualified private-activity bonds issued in 2011
A)
I, III, and IV
B)
I and III
C)
II and IV
D)
II, III, and IV
c
By definition, the percentage depletion in excess of adjusted basis and the tax-exempt interest on qualified private-activity bonds are preference items for purposes of the AMT. Remember that interest on private-activity municipal bonds issued in 2009 and 2010 is not a preference item for the AMT. The medical expenses in excess of 7.5% of adjusted gross income and the gambling losses to the extent of gambling income are both treated as allowable itemized deductions / adjustments for AMT purposes.
LO 3.3.2
Which of the following adjustment/preference items is also an exclusion item for the purposes of the alternative minimum tax (AMT)?
ISO bargain element
Exclusion of gain from Section 1202 qualified small business stock
Percentage depletion of oil and gas properties in excess of the taxpayer’s adjusted basis at year end
A)
II and III
B)
III only
C)
II only
D)
I and III
a
Statements II and III are correct. Statement I is incorrect. The ISO bargain element is not an exclusion item; it is a deferral item.
LO 3.3.2
As a planner, you have grown increasingly concerned about the impact of the alternative minimum tax. Which of the following clients is least likely to have exposure to the alternative minimum tax?
A)
The client who is heavily invested in private-activity municipal bonds
B)
The client who has exercised incentive stock options during the tax year
C)
The client who has no itemized deductions
D)
The client who is invested in oil and gas activities
c
Investment in oil and gas activities often causes AMT exposure due to the intangible drilling costs and percentage depletion. The bargain element on the exercise of an ISO and the interest from private-activity municipal bonds are preference items for AMT purposes. The client least likely, in this case, to have an AMT exposure is the one with no itemized deductions. Clients with state and local income taxes and property taxes may have an AMT problem because those itemized deductions are not allowed for AMT purposes. Note that interest on private-activity municipal bonds issued in 2009 and 2010 is not a preference item for the AMT.
LO 3.3.2
Which of the following are items of tax preference or adjustments for the individual alternative minimum tax?
Deduction for gambling losses
Excess intangible drilling costs
Bargain element on exercise of an ISO
Cost depletion deductions
A)
II, III, and IV
B)
II and III
C)
I, II, and IV
D)
I and III
By definition, the excess intangible drilling costs (from an oil and gas activity) and the bargain element on exercise of an ISO are preference items or adjustments for the individual AMT. Cost depletion is not an AMT preference item, but percentage depletion is. Gambling losses (to the extent of gambling winnings) is an itemized deduction for both regular tax and AMT purposes.
LO 3.3.2
Pierre, a U.S. citizen, is meeting with his financial advisor regarding some transactions he made during this tax year. He has ample income and has made several charitable donations. They were as follows:
$30,000 to his church for a building addition fund
$100,000 to an orphanage in France in the city his parents lived as children
$10,000 to the United Way
$15,000 to a nonprofit organization in New Orleans that teaches French to children
$50,000 to a gubernatorial campaign in his state
Without regard to AGI limitations, how much of his donations may be deductible on his income tax return?
A)
$105,000
B)
$40,000
C)
$205,000
D)
$55,000
d
Of the listed donations, the $100,000 to the orphanage is nondeductible because it is a charity located in France. The $50,000 given to the gubernatorial campaign is a nondeductible political donation. The $30,000 given to the church, the $10,000 given to the United Way, and the $15,000 given to the nonprofit organization are deductible donations.
LO 3.2.2
Your clients, Mike and Elizabeth, have a 17-year-old dependent son, Josh, who has a part-time job during the summer months. They have heard of the kiddie tax but are unsure of how it would impact the taxation of Josh’s summer wages. Which of the following statements is CORRECT regarding the taxation of Josh’s income for 2023?
Josh has a limited standard deduction (up to $1,250) available.
Josh has a full standard deduction (up to $13,850) available.
Any income in excess of the available standard deduction and $1,250 is taxable at Mike and Elizabeth’s marginal income tax rate.
The income is not subject to the kiddie tax rules because it is earned income.
A)
II and III
B)
I only
C)
I and III
D)
II and IV
d
The unearned income rules (the kiddie tax rules) do not apply to earned income. Thus, Josh may utilize up to the full standard deduction ($13,850 for 2023) against earned income.
LO 3.2.1
Amy, age 12, is claimed as a dependent on her parents’ income tax return. During 2023, she earned $2,500 from a summer job. She also earned $2,800 in interest and dividends from investments that were given to her by her grandfather five years ago. How much of Amy’s income, if any, will be taxed to her in 2023 using her grandfather’s marginal tax rate of 32%?
A)
$2,500
B)
$300
C)
$2,800
D)
$0
d
When applying the kiddie tax, the parents’ marginal tax rate is always used (regardless of the source of unearned income). Therefore, none of the income is taxed to Amy using the grandfather’s tax rate. $300 of income ($2,800 − $2,500) is taxed to Amy at her parents’ marginal tax rate.
LO 3.2.1
It is January and Baxter is meeting with his financial planner to discuss planning strategies for the AMT for the year. He will be including the bargain element for the incentive stock options he will exercise this year in his AMTI. His current tax bracket is 32%. What does the planner tell Baxter he can do to try to minimize his AMT liability?
Baxter should prepay as many itemized expenses, such as medical expenses, taxes, and other miscellaneous itemized deductions, to offset the ISO bargain element.
Baxter should accelerate other items of income to this tax year.
A)
II only
B)
I only
C)
Neither I nor II
D)
Both I and II
a
Statement I is incorrect. Moving deductions to an AMT year reduces regular taxable income and makes for a greater exposure to the AMT. Statement II is correct. Increasing regular income decreases the possibility that the AMTI will be greater than the regular taxable income.
LO 3.3.2
Francine and Marshall have three children: Bill, Curt, and Rachel. For 2023
Bill, age 11, has $1,350 of interest income.
Curt, age 13, has $3,050 of earned income from a part-time job.
Rachel, age 19, a part-time student for four months of the year, has $5,100 of dividends and capital gains.
Whose income is subject to income tax at the parents’ tax rate?
A)
Bill and Rachel
B)
Bill
C)
Curt
D)
None of the children
d
The parents’ marginal tax rate applies to unearned income above $2,500 for 2023. Rachel has unearned income above $2,500. However, because Rachel is 19 and is not a full-time student, she is not subject to the kiddie tax rules. The kiddie tax stops applying in the year that the child turns 19, if the child is not a full-time student. The parents’ tax rate does not apply to earned income, so Curt is not subject to the kiddie tax. The kiddie tax applies to children who are under 19 years of age, or who are under 24 if a full-time student. The kiddie tax does not apply to a child who is married and files a joint return for the tax year, or if the child has earned income that exceeds half of their support. Also, the kiddie tax applies only where the child has at least one living parent. (A full-time student is an individual who is a full-time student for at least five calendar months during the tax year.)
LO 3.2.1
The kiddie tax rules apply
to the unearned income of a child under age 19 (under age 24 if a dependent full-time student providing less than 50% of own support).
to the earned income of a child under age 19 (under age 24 if a dependent full-time student providing less than 50% of own support).
A)
I only
B)
Both I and II
C)
II only
D)
Neither I nor II
a
Statement I is correct. The kiddie tax applies only to any unearned income (such as dividends and interest) of a child under age 19 (under age 24 if a dependent full-time student providing less than 50% of own support). For a dependent on another’s income tax return at any age, the standard deduction for earned income is the amount of earned income plus $400, but limited to an amount no greater than the standard deduction for a single taxpayer ($13,850 in 2023).
LO 3.2.1
Hal and Jody created an irrevocable trust for the benefit of their dependent children. They named their attorney as trustee of the trust and authorized him to invest in stocks, bonds, and certificates of deposit. Included in the investment authority is the right to use trust income to purchase insurance on Hal and Jody’s lives. All funds are currently invested in high-yielding bonds paying 4% semiannual interest on a par value of $50,000. Which taxpayer must pay tax on the income of the trust?
A)
The trust, because it is irrevocable with no benefits to the grantor
B)
The attorney, because of his broad authority as trustee
C)
Hal and Jody, because the income is (or may be) used to purchase insurance on their lives
D)
The children, because they are the designated beneficiaries
c
Explanation
If the trust income is, or may be, used to purchase insurance on the life of the grantor or the grantor’s spouse, then the trust is a grantor trust.
LO 3.1.1
The Kimble Family Trust has among its investments a 20% interest in a nonpublicly traded partnership, which generated income this year of $25,000. The trust also had a loss of $15,000 generated by its ownership interest in a real estate limited partnership (RELP). The trust also has portfolio income of $30,000. Which of the following statements is CORRECT?
A)
The passive activity loss rules do not apply to trust entities.
B)
The trust can net the RELP loss against its $25,000 nonpublicly traded partnership income.
C)
The trust can use the RELP loss to offset portfolio income.
D)
The trust may not own nonpublicly traded passive activity investments.
Explanation
Because RELPs are nonpublicly traded passive activities, the trust can net the $15,000 loss against the $25,000 income. Trusts may participate in the investment in passive activities and the passive activity rules apply to trusts that own such investments.
LO 3.1.1
Which of the following statements regarding charitable gifts is CORRECT?
The total deduction of a cash gift is the fair market value of the cash, limited to an annual deduction of 50% of the donor-taxpayer’s AGI.
If the donor elects a total maximum deduction equal to the FMV of appreciated property (long-term capital gain property), the donor is limited to an annual deduction of no more than 30% of AGI if the recipient of the gift is a public charity.
If the recipient of a gift of appreciated property (long-term capital gain property) is a private charity or foundation, the donor is limited to an annual deduction of no more than 20% of AGI.
If a donor elects a total maximum deduction equal only to the tax basis in appreciated property (long-term capital gain property), the donor is permitted an annual deduction of up to 50% of AGI if the recipient of the gift is a private charity.
A)
I only
B)
III and IV
C)
I and IV
D)
II and III
d
Explanation
For a cash gift, the amount of the total deduction is the FMV of the cash, limited to an annual deduction of either 60% or 30% of the donor-taxpayer’s AGI, depending on the recipient of the gift. If the donor elects a total maximum deduction equal to the FMV of appreciated property (long-term capital gain property), the donor is limited to an annual deduction of no more than 30% of AGI if the recipient of the gift is a public charity. If the recipient of a gift of appreciated property is a private charity or foundation, the donor is limited to an annual deduction of no more than 20% of AGI. If a donor elects a total maximum deduction equal only to the tax basis in appreciated property, the donor is permitted an annual deduction of up to 50% of AGI if the recipient of the gift is a public charity. The donor is still limited to a 20% of AGI annual deduction if the recipient is a private charity.
LO 3.2.2
In 2023, Glen, a single taxpayer, has the following itemized deductions:
Home mortgage interest (first mortgage) $7,950
Home mortgage interest (home equity loan) $4,350
State income taxes $4,120
Property taxes $1,880
Charitable contributions $2,600
Gambling losses (to extent of winnings) $1,200
The home equity loan was incurred to purchase what Glen describes as a “midlife crisis” sports car. What amount of itemized deductions, if any, would be allowed for purposes of the AMT?
A)
$11,750
B)
$17,750
C)
$16,100
D)
$7,950
a
Of the itemized deductions listed, only the qualifying home mortgage interest of $7,950, the charitable contributions of $2,600, and the gambling losses to the extent of winnings of $1,200 are allowable for purposes of the alternative minimum tax. For both regular income tax and AMT purposes, the interest on the home equity loan is only deductible if used for acquisition or renovation of the principal residence and/or one other residence. The taxes are not deductible for AMT purposes.
LO 3.3.2