Part 4: Individuals - Federal Taxation Flashcards
Noncorporate Taxpayers - Qualified Small Business Stock Tax Treatment
Can exclude 100% (or 50% if acquired before 2010)) of the gain on the sale or exchange if held for more than 5 years
-Eligible gain can NOT exceed the greater of $10,000,000 or 10 times the taxpayer’s basis in the stock
Qualified Small Business Stock:
- C Corporation stock acquired as original issue stock
- Corporate assets can NOT exceed $50,00,000 at the date of issuance
- At least 80% of the assets must be used in the active conduct of a trade or business
- Service-based corporations do NOT qualify
Qualified Small Business Stock
- C Corporation stock acquired as original issue stock
- Corporate assets can NOT exceed $50,00,000 at the date of issuance
- At least 80% of the assets must be used in the active conduct of a trade or business
- Service-based corporations do NOT qualify
When services are paid for in property (compensation other than cash) what amount must be included in income?
FMV of the property at the time of receipt must be included in income
What is the taxpayers treatment of cancelled debt?
Income to the debtor when the cancellation is not intended to be a gift
Ex: $45,000 secured by land w basis of $20,000. Foreclosed and settled the debt for $35,000. $25,000 (45,000-20,000) is income to the debtor.
Loss from Section 1244 stock is treated as
Ordinary loss up to $50,000 single/$100,000 joint returns
Any loss in excess of $50,000 is treated as capital loss
Tax Treatment - State disability Payments
NOT taxable unless they are considered a substitute for unemployment compensation
Do NOT include in gross income
What is the phaseout amount for 2020 of the IRA deduction for MFJ?
AGI between $105,000 - $125,000
What is the treatment of prepaid rents for an accrual basis taxpayer?
Treated as income when received
An individual taxpayer may avoid the penalty for failure to pay estimated tax by (assume AGI below $150,000)
Paying at least 90% of current year tax or 100% of prior year tax
When is an employer required to withhold federal income taxes for household employees?
Required ONLY if the requested by the employee and agreed to by the employer
Domestic wages become subject to Social Security and Medicare tax at what level?
Over $2,300 to one employee in a year
Tax Treatment - Rental real estate losses when a taxpayer materially participates
Loss up to $25,000 may be deducted [Must be reduced by half of the AGI before the less in excess of $100,000]
-Rental activities are considered passive activities even if the taxpayer materially participates
Tax Treatment - Group-term life insurance premiums
Included in gross income to the extent the cost exceeds $50,000
Tax Treatment - Workers’ compensation
NOT taxable
if state disability payments are the equivalent to workers’ compensation they are also nontaxable
-benefits that are payable under state law for occupational injury or illness arising out of employment are nontaxable if they are the equivalent to workers’ compensation
How much of an organization’s unrelated business income is exempt from tax?
The first $1,000 of UBI of a non-profit is exempt from tax
If the non-profit is a corporation, the income is taxed at corporate rates
The “eligibility to participate” standard means that group-term life insurance plan is not discriminatory if
The plan benefits 70% of ALL employees
*Premiums paid by the employer on such insurance is not taxed to an employee unless coverage exceeds $50,000
Organizational expenses - special rules
- Immediate expensing of the first $5,000 (phased out dollar for dollar if total exceeds $50,000, if total exceeds $55,000 NONE of the organizational expenses can be immediately expensed)
- Amortized over 180 months
A 33 year old taxpayer withdraws $30,000 (pre-tax) from traditional IRA. What will the total tax liability be?
[33% effective tax rate, 35% marginal tax rate]
Withdrawal amount x marginal rate
+ withdrawal amount x 10% penalty
10,500 (30,000 x 35%)
+ 3,000 (30,000 x 10%)
= 13,500
The kiddie tax is calculated by subjecting the child’s unearned income to
Parents marginal tax brackets
