MyREGNotes Flashcards

1
Q

Surviving Parent can be taken as personal exemption even if living out of house but

A

subject to exemption minimum income

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2
Q

Although refunds may not be taxable in CY bz of PY 1040EZ, will int. received count as taxable?

A

Yes. the sole refund will be excluded but the int. on refund included

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3
Q

Is ordinary income included as self employment income?

A

No. only income from services rendered. although will be regular income in individual taxpayer

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4
Q

Are int. from municipal bonds included as income?

A

No. gvt wants you investing in their bonds

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5
Q

Are security deposits income for the receiver?

A

If kept in a separate acct or refundable, not income. if included as part of rent and not refundable, then is income.

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6
Q

Rental activity income exception

A

if own 10% or more of activity and AGI

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7
Q

When are passive loss fully deductible?

A

Only if sold or got rid off, then loss if fully deductible and mix passive w/ active participation. also might mix using $25k max deduct if active participates

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8
Q

What is the max nontaxable allowed for life insurance?

A

$50k, excess ins included as income

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9
Q

Solvency is based on

A

FMV of all assets - all liab’s

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10
Q

Annuities

A

Amount paid allocated over the time not taxable (since is recoverable), the gain is taxable.

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11
Q

Unqualified stk option

A

classified as ordinary income @ amt if traded on establish mkt rate. option price should not be less than 85% of FMV

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12
Q

Are personal int. expenses deductible?

A

No. ex: auto loans

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13
Q

Medical expenses and casualty losses relation w/ insurances

A

Expenses should be netted w/ reimbursement received by insurances. Moving exp. should also be offset w/ reimbursements b4 deduction

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14
Q

What amount is deducted for the purchase of an item for donation to an org?

A

Dif. of FMV of item and actual amt paid. (excess of FMV is the amt being donated)

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15
Q

Can IRA’s be deductible and credit in the same yr?

A

True

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16
Q

What amt of state tax refund is included in CY income?

A

Amt refund up to itemized deduct on PY return

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17
Q

Self EE tax deduction b4 the line or after?

A

All self EE goes b4 the line

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18
Q

Casualty loss

A

only includes non controllable/unavoidable to be deducted

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19
Q

Deduction on investment int. exp.

A

Excess of 2% of AGI up to net investment income (investment income - all investment exp other than inv int exp)

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20
Q

Hobbies not for profit (profit for last 3 of 5 yrs) are

A

sales included as income and exp (up to income) miscellaneous subject to excess 2% of AGI

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21
Q

Sale, exchange or transfer of worthless stk is treated as

A

as ordinary loss to the original owners up to $50k

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22
Q

Dividend income recognize for

A

shareholders when received up to earning, excess is lowering its investment

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23
Q

No G/L are recognize in the exchange of Ccorp stk for which tranx?

A

formation, reorg (t stk) and resale (t stk)

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24
Q

After a underpymt of a good faith estimate, what actions should be taken

A

exact amt should be included in the yr known or received

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25
Q

What deductions should be made by personal holding co’s (PHC) before determining amt available for distribution?

A

Fed taxes and net LT capital G/ less fed taxes. Must include dividends from unrelated as income. Taxes for PHC are added to regular and AMT tax for a total tax

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26
Q

Who may be liable for acc earning tax?

A

Ccorps regardless of # of stkholders, not for passtrhroughs

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27
Q

dividend paid in pty= income @ FMV up to

A

CY earning + PY earning + gain on pty

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28
Q

Tax free reorgs

A

Types A to F

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29
Q

Does Corps needs to file consolidated FS to file consolidated returns?

A

No need to file cons FS to be able for cons ITax. G/L can offset each other

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30
Q

Does the rules for statute of limitation applies for estimates dif’s?

A

No. dif. can be included in ITax return when known or received. Rules are for errors or unintentional exclusions.

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31
Q

Can EIC be claim by Ccorps

A

No. only by individuals w/ dependent

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32
Q

Which entities are subject to NOL’s?

A

Individual, C corp and estate/trusts

33
Q

What orgs cannot file a consolidated return?

A

exempt, s corp, foreign, real estate, insurance

34
Q

When can LIFO method be used for tax purposes?

A

only if also used for FS

35
Q

Amt contributed for formation by shareholder w/ liab higher than basis should be?

A

recognize as a gain for the excess of liab of basis

36
Q

Who pays for FUTA taxes?

A

ER pays for such tax, not withheld from EE wages

37
Q

Can G/L be recognized for tranx of pty b/w related parties?

A

No. if related sales to 3rd party then his gain on sale can be deducted up to the parent loss. not for a loss thus parent might kept the initial loss if not sold for better price

38
Q

Llike kind exchange does not recognized G/L on what type of assets?

A

tangible assets are not recognized G/L

39
Q

When gift is sold at a loss from basis and gain from FMV, what should be recorded?

A

no g/l since is middle ground. always compare gifts w/ basis to move on to second step

40
Q

On like kind if pay cash what are the realized, recognize and basis of pty?

A

realized same as when cash received (AJE w/ FMV), recognize same situation as cash received (lesser of realized or cash received + net liab) which is zero since you are paying it), basis changes bz instead of AJE + gain recog + cash paid - cash received + net liab

41
Q

MACRS method of depreciation

A

salvage value is ignore, calculates recovery deduction on used tangible pty, must use 27.5 for residential and 39 for commercial

42
Q

How is treated when a partnership pays for services to a partner?

A

For partnership as deductible exp render for services received and for partner receiving the $ as ordinary income @ the FMV

43
Q

What are types of income for partnerships that are separately stated (no included as taxable income)?

A

charitable cont. (up to $5K) / dividend income / capital loss

44
Q

When is a retired partner being liquidates terminated as a member of partnership?

A

Once all amt being paid. (still part of partnership during the time)

45
Q

If partnership distributes liquidating pty, how affects the basis?

A

partner basis % - $ - amt left is the basis for pty received being liquidated

46
Q

What limitations on losses are the partners liable to?

A

at risk and passive loss

47
Q

Current distributions vs. liquidating distributions

A

current up to %, liquidating above %

48
Q

What amt is taxable on trusts?

A

the distribution over the income is not taxable. only tax to extent of income distributable

49
Q

Who controls what can be obtained for paymts of federal debts?

A

only by court on a plan, not federal nor state law

50
Q

If changes of terms b/w creditor and principal debtor, what causes to surety(co-debtor)?

A

If not compensated, release from liab. if compensated, only release if increases the co debtor risk.

51
Q

What are official bonds?

A

bonds paid by surety to cover for officials in case something goes wrong

52
Q

When dismissing an agent, to whom must be informed?

A

it should be informed to clients plus nonclients by newspapers or tv etc

53
Q

Who must be notify in order to merge

A

merger plans must be notified to shareholders and BOD’s and approve by majority of BOD and majority of voting stk from each corp

54
Q

Can a company buy its shares from shareholders?

A

Yes, instead of having the shareholders sell it to an outside party

55
Q

Stk dividend

A

not income nor affects acc earnings

56
Q

Shareholders appraisal right

A

right for shareholders that are not happy w/ merge or sell of assets can buy their stk at FMV

57
Q

When can a prtner leave in a silent duration contract?

A

In a silent contract a partner may leave at any time

58
Q

general partners distributes based on what if silent contract?

A

equally for general partners, and losses based on profits %. if interest is acquired w/o consent of other partners, will only be liable for profits

59
Q

OSHA

A

developed for supervision not develop safe equipment

60
Q

Equal pay and civil rights

A

based on sex and all types except age

61
Q

Social sec payments don’t include?

A

Medicaid

62
Q

warehouse held liable under which minimum circumstances?

A

by ordinary negligence

63
Q

What counts as definite time?

A

payable after sight, not at a date w/ unlimited extended time available

64
Q

What is a draft and a CD?

A

negotiable instruments. draft order to pay at some specific date (involves 3 parties/ cks are on demand thus no 2 dif dates) and CD promise to pay (involves 2 parties)

65
Q

What is the only method of payment for a note?

A

only in money, no services etc..

66
Q

Dif b/w contract lib and warranty laib?

A

contract liab. promise to pay upon dishonor (if endorsed) . warranty all signatures are genuine and instrument not altered w/ (works for immediate transferees if not endorsed)

67
Q

Special endorsement

A

specifies to whom will be payable

68
Q

Is consideration needed for an instrument to be negotiable?

A

no. gift can be made in ck and the ck be negotiable

69
Q

Can ratification be done prior to minor reaching the adult age?

A

No. since minor still under the age, can revoke the ratification

70
Q

What types or contracts are assignable?

A

all contracts assignable except involving personal pty or increases the risk of the principal

71
Q

when can a seller be excused from a contract?

A

if the performance is impossible (destroyed b4 transfer)

72
Q

To who applies the penalty for aiding and abetting understatements applies?

A

to both either w/ knowledge or not, though must be proven by the IRS

73
Q

disciplinary power by the board of accountancy if?

A

misconduct while performing acct services or outside of the scope of the acct services and criminal conviction

74
Q

Are emails consider written advices?

A

No. writing communication should be done for sophisticated clients

75
Q

If tax preparer fails to disclose a conflict of interest, would it be subject to penalty?

A

No. penalties are for not signing, providing copy to client and keeping records of returns prepared

76
Q

Can a tax preparer inform the IRS of the persons who may have the returns records?

A

Yes, they can provide such info w/o any penalty

77
Q

Exempt from registration:

A

non-profit, gov, loans, individuals, intrastate

78
Q

Exempt from full registration

A

offerings under Regulation A up to $5M but circular offering