Practice Question Blocks Flashcards
How are Charitable contributions of land treated for the deduction?
They’re treated as “Capital Gains property” and not subject to USE RELATED or not.
You can use FMV, at 30% if a public charity.
Safe-Harbor 401(k) matches
4% (1-1 for first 3%, and 1-2 for the next 2%)
Safe harbor is 3%, non-matching.
Benefits Not Funded via a VEBA
Retirement and Deferred Compensation
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Look up additional VEBA benefits
- Legal
- severance
- child care
- education
…
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Life Insurance policies owned by closely help businesses, included in estate of owners?
Likely / Possible.
Better off removing it from the estate another way, than selling to a business interest owned by the insured.
After 70, can you still contribute to a SIMPLE IRA, for a business that you own?
YES. You are forced to take RMD payments, but you can still contribute.
Can you sue ERISA plan sponsors for monetary punitive damages?
NO! You can recover some of the losses, but not punitive damages.
Bob works for Technotalk, Inc.Bob’s salary is $100,000. He makes an elective deferral of $18,500 to the company’s 401(k) plan. If Technotalk is a large company, what is the maximum it could contribute and deduct as a match and a profit-sharing contribution for Bob in 2018?
Section 415 of the Internal Revenue Code limits the annual addition to a maximum of 100% of compensation or $55,000. $55,000-$18,500=$36,500. The company may contribute and deduct more than 25% of salary in addition to the elective deferral of an individual employee/participant (not to exceed $55,000) providing that the plan deduction for total includible compensation does not exceed 25% (elective deferrals).
WTF???
Plant Parenthood is a landscaping company. It has 18 full-time employees participating in its group health plan, and 4 full-time employees who are not participating in the plan. Joe, a participating employee with family medical coverage under Plant Parenthood’s group health insurance plan, just divorced Sara. How long will COBRA cover Sara and Debbie (Joe’s 12-year-old daughter)?
I. Sara is entitled to 18 months of continuation in the group plan.
II. Sara is entitled to 36 months of continuation in the group plan.
III. Debbie is entitled to 18 months of continuation in the group plan.
IV. Debbie is entitled to 36 months of continuation in the group plan.
V. Debbie is still covered under the group medical insurance plan.
Sara gets 36 months
BUT.
Debbie is just still covered under her Father’s plan.
What happens to Alimony payments when the payor dies?
They STOP.
Often life insurance is put in place for this purpose.
In a taxable termination, who pays GSTT?
The TRUSTEE pays the tax!
Can a stock bonus plan be integrated with Social Security?
YES.
ESOP is the only one that cannot be integrated!. Don’t confuse these.
What restrictions exist for the education tax credits?
AGI, but also:
Both the American Opportunity credit and Lifetime Credit programs specify certain exclusions. For the American Opportunity Credit only, an otherwise eligible student can be excluded if convicted of a felony (in this case distributing a controlled substance). This restriction DOES NOT APPLY to the Lifetime Learning Credit.
Does the QDRO exception from penalty apply to both IRAs and Qualified Retirement Accounts?
NO. Only Qualified plans.
Does Code Section 6166 not apply to any business types?
It applies to most. Sole propriteorships included. Section 303 is the restrictive one (C or S corps only)
Does all Capital Gain property step up at death?
NO.
ST Capital Gains do NOT step-up.
Only LTCG property steps up.
What’s another name for 529 Plans?
Qualified Tuition Programs
What’s a big difference in how the AOC and Lifetime Learning credits are claimed?
The AOC is per student maximum (2500 per eligible student). Only for first 4 years though of post-secondary.
The LLC is a maximum across all eligible. (2,000 for everyone). Can be used for graduate too.
When is a 1040 EZ appropriate?
When someone is very simple (AKA, just a w2 and no itemized expenses, etc.)
“She has no dependents or investment income gains. Nor does it appear that she has costs that could be itemized deductions. If she did, you would need to file her federal income tax using Form 1040.”
SEC registered advisers with AUM at least $100 million – are required to file annual updates to their ADV within _____ days of the end of their fiscal year.
90 Days!
Which of the following statements is (are) true about profit-sharing plans?
I. They may be integrated with Social Security.
II. They may receive contributions for individual employees in excess of 25% of that participant’s eligible compensation.
III. They generally peremit the employer to make flexible contributions.
IV. They may be age-weighted.
All of them!
They can even be AGE WEIGHTED
Millie Tilley has the following income. How much of it would be treated as earned income for federal income tax purposes?
I. $50,000 in wages from Plant Parenthood, an S corporation. Millie works for Plant Parenthood as a landscaper.
II. $5,000 in dividends from stock held in Millie’s investment account (non-qualified)
III. K-1 income of $10,000 from an S corporation in which Millie owns 20% of the equity and is an active participant in the business
IV. Proceeds from the sale of an oil painting inherited from her great aunt that generated a $5,000 long-term capital gain
50K! (Only I)
III. doesn’t count, because it’s still K1 income from an S-Corp. Her salary from the S corp, however, would be included.
Mrs. Tilden, a widow, has gifted extensively to her daughter, Sally. She used her entire gift property exemption amount and actually paid federal gift tax on her most recent gifts. Mrs. Tilden recently married Bill Widner. She is considering gifting him $1,000,000 with the understanding that he will then gift the $1,000,000 to Sally. How would you respond after she explains her strategy?
It appears that the gift will not qualify for the marital deduction. To qualify for the deduction, the donee spouse must be given the property outright or must have at least a right to the income from the property and a general power of appointment over the principal. The IRS would consider this to be a step transaction and thus a fraudulent transfer.
STEP TRANSACTIOn.
How much FDIC coverage for a revocable trust?
Up to 250K per beneficiary!
Can creditors attach ERISA plan distributions?
YES. When the account is in RMD mode, those RMDs become an individually owned asset.