q bank Flashcards
What kind of trust is appropriate for a surviving spouse who is not a us citizen
QDOT- qualified domestic trust
Housing debt should not exceed
28% gross monthly income
monthly housing costs should not exceed
28% gross monthly income
people should save what percentage of income for retirement?
10 to 12%
emergency fund should be
3-6 months worth of monthly expenses
Total debt obligation should not exceed
36% of gross income of the client
the more frequent compounding occurs
the higher the effective rate will be in relation to the nominal interest rate
Fair credit reporting act
provision that all credit reports are required to contain accurate, relevant, and current information
if an employee accepts worker compensation benefits, the employer is protected from
a lawsuit by the employee
more than any de minimis benefit tied to the sale of a financial asset
sales related compensation
financial planning is described as…
financial planning is a collaborative process that helps maximize a client’s potential for meeting life goals through financial advice that integrates relevant elements of the client’s personal and financial circumstances
material conflict of interest
a conflict that could impact advice given by the CFP professional or cause potential harm
what compensation does a CFP need to disclose
how clients pay for products, services, and additional incurred costs including surrender charges and sales loads, how the CFP and the firm is compensated for providing products and services, and disclosure of economic benefit for referral or engagement of additional persons
compensation prohibited by CFP board
fee contingent
12b-1 fees
sales related compensation
qualified retirement plan that pays a benefit, usually determined by a formula, to a participant during their whole life during retirment
Pension Plan
plan participants usually become responsible for the management of the plan’s assets and sometimes even responsible for personal contributions to the plan
Profit sharing plan
defined benefit
the employer assumes risk, forfeitures are allocated by reduced plan cost, the investments are commingled, credit can be given for prior service for the purpose of benefits
defined contribution
the annual contribution limit is 25% total employee coverage compensation, employee assumes investment risk, the investment acct are separated, and no credit can be given for prior service for the purpose of benefits
employer advantages of qualified plan
employer contributions are currently tax deductible
employer contributions to the plan are not subject to payroll tax
employee advantage of qualified plan
availability of pretax contributions for employees
tax deferral of earnings on contributions
ERISA protection
lump-sum distribution options
retirement plans must satisfy at least one coverage test to be considered a qualified retirement plan
general safe harbor test
ratio percentage test
average benefits test
general safe harbor test
% of NHC covered >/= 70%
Ratio percentage test
% of NHC covered/ % of HC covered >= 70%
average benefits test
average benefit %: Ab% of NHC/AB% of HC >= 70%
what entities are allowed to establish a 401(k) plan
corporations
partnerships
LLCs
proprietorships
tax-exempt entities
nonrecognition of gain treatment:
- ESOP must own at least 30% of the corporation’s stock immediately after the sale
- the seller or sellers must reinvest the proceeds from the sale into qualified replacement securities within 12 mo after the sale and hold such securities three years
- the corp that establishes the ESOP must have no class of stock outstanding that is tradable on securities market
- seller and 25% shareholders in the corp are precluded from receiving allocations of stock acquired by the ESOP through the rollover
- ESOP may not sell the stock acquired through the rollover for 3 years
- stock sold to ESOP must be common or convertible preferred stock and must have been owned by the seller for at least 3 years prior to sale
net unrealized appreciation formula
fair market value at date of distribution - value of securities used at the date of the employer contribution = net unrealized appreciation
qualified plan early distribution that qualify for no penalty:
MESS AT DQ: medical expenses, equal periodic payments, separation from service, age, tax levies, death and disability, and QDRO
IRAs to avoid 10% penalty:
HIDE ME: higher education, medical expenses, equal periodic payments, age
minimum distribution rule
RMD begin by april 1 following the year age of 72 if 70.5 after 2019
50% excise tax will be levied for failure to take RMD
exception: still employed at 72
earned income
w-2 income
schedule c net income
k-1 income from an LLC
k-1 income from a partnership where the partner is a material participant
alimony divorce prior to 2019
unearned income
rental, interest, dividend
capital gains
pension and annuity income
deferred comp
income from partnership without material relation
alimony divorce after 2019
unemployment benefits
investment returns as limited partner in a partnership
income flowing from a s-corp via schedule k-1
social security benefits
worker’s compensation
prohibited transactions of qualified plan
selling, exchanges or leasing of any property to an IRA
lending money to an IRA
receiving unreasonable compensation for managing an IRA
pledging an IRA as security for a loan
borrowing money from an IRA
buying property with IRA funds
requirements for incentive stock options
- the aggregate fair market value of ISO grants at the time the option is first excisable must be less than or equal to $100,000 based on the grant price per year per executive
- to qualify as an ISO, the executive must not dispose of the stock before the later of two years from the grant of the ISO or within one year of the exercise of the ISO
All assets are capital assets except:
ACID: accounts/notes receivable, copyrights and creative works, inventory, and depreciable property used in trade or business
kiddie tax
net unearned income of a dependent child
preference items for AMT
can be positive- reduce the benefits initially received when computing regular tax:
1. percentage depletion- % taken for regular tax in excess of the adjusted basis of the property
2. intangible drilling costs-
3. interest on private activity bonds
Failure to file tax
5% accrues monthly up to 25%
failure to pay tax
point 5% (.5%) accrues monthly up to 25% and reduces failure to file by the pay penalty
s corporation requirements
1.cannot have more than 100 eligible shareholders
2. restricted to individuals who are US citizens/residents, estates, trust, and charitable organizations
3. corp must be an eligible corporation created under the laws of US or state
insurance companies, domestic international sales corporations, and certain financial institutions are not eligible
4. allowed only 1 class of outstanding stock
outlines the risks, management team, business operations, fees, and expenses
prospectus- must be issued prior to selling shares