QBank TakeAways Flashcards
CPF Numbers To Remeber
5% Tax Penalty
Per month penalty for Failure to File: 5% of the unpaid taxes for each month or part of a month that a tax return is late
25% Tax Penalty
Max penalty for Failure to File by 4/15
: 5% of the unpaid taxes for each month or part of a month that a tax return is late up to a maximum of 25%.
102% Admin Cost
Max amount of COBRA cost to beneficiary of the continuation coverage may not exceed:
25% (Retirement)
Penalty applied to shortfall amount that was NOT distributed per RMD
25,000 Allowable Loss
Real Estate loss deduction for active participant
Full $25K allowed if MAGI is below $100K
Phaseout for MAGI between $100K - $150K
[(150 - MAGI)/$50K] x 25K
$100K - %150 K Phaseout
Real Estate loss deduction for active participant
Full $25K allowed if MAGI is below $100K
Phaseout for MAGI between $100K - $150K
[(150 - MAGI)/$50K] x 25K
500K (MFJ) / 250K (Single) Allowable Exclusion
Sale of primary residence (sec 121)
Allowable Exclusion - $250K (If stayed for 2 years)
Prorated Exclusion for less than 2 years - (# of months stayed / 24) X 250K
Usage & Ownership Test for Sec 121
Both spouses must meet the usage test AND One spouse must meet ownership test
403(b) Investment Options
Can invest in Sponsored Mutual Funds or Annuities
SIMPLE IRA Eligibility - Earning Requirements
Must have earned $5K in last two years and reasonably can expect to earn $5K in current year
Current Bond Yield Formula
Annual Coupon Payment / Current Bond Price
Age Requirements for Kiddie Tax
under age 19 or
under age 24 if full-time student
Agent
One individual known as Agent who can action behalf of another under a written power of attorney
A written agreement that allows one individual, known as the agent to act on behalf of another
Power of Attorney
A-Trust Features
Qualifies for Marital Deduction = Yes
Surviving spouse has power of attorney = Yes
Includes in Decedent’s Estates = NO
Included in the Surviving Spouses Estates = Yes
DNI Taxation
With DNI, bene will be responsible for taxes on LESSER of DNI or amount required to be distributed according to trust document.
How is income from 2503(b) or 2503(c) trust taxed?
Income from minor’s trust is taxed UNDER KIDDIE TAX rules
Crummey Power Withdrawal Amount Limit
Lesser of :
Annual exclusion
Annual contribution made to the trust
The greater of $5000 or 5% of the amount transferred into the trust
QPRT Basis
Heirs acquire the carry-over basis (original basis of the grantor) + Any improvements made
AVD Election
Who? Executor makes the election.
What? A valuation date that is set 6-months from the date of death.
When? Selected within one year of estate tax return filing, including extensions.
Where? AVD election is made on Form 706 and is IRREVOCABLE
Why? To receive a lower valuation of the estate which, in turn, reduces potential taxation.
AVD Exception
If AVD election is made, all assets MUST be valued as of AVD.
EXCEPTION: Depreciating assets - cars, patents, copyright musical scores, intellectual property
TIP Estate Tax Consequences
RECEIVING Spouse (donee) Will NOT include property in their gross estate at death
GIFTING spouse (donor) will REMOVE the property from their estate
TIP Gift Tax Consequences
TIP = GIFT
DONOR spouse = CANNOT gift-split
DONOR spouse = CANNOT take marital deduction
DONOR spouse = CAN take annual exclusion for present interest gift
Which properties are NOT includable in the gross estate?
Gifted property within 3 year of the death of the donor
UNLESS - donor has RETAINED interest in life estate, re-visionary interests or revocable trust and life insurance policies owned by the insured
What is the amount of tax due for assets transferred into QTIP trust through QTIP election?
no tax due as assets transferred via QTIP election are considered marital deductions which are unlimited.
What does grantor of QPRT receive in exchange for transferring the property into the trust?
access to the property and possession of the property
3 Types of generation-skipping transfers (GST)
Taxable Distributions
Taxable Termination
DIRECT skip
GST - Taxable Distributions
Any distribution of income or corpus from a trust to a skip person that is NOT subject to estate or gift tax.
GST - Taxable Termination
The termination by death, the lapse of time, release of power, or otherwise of an interest in property held in a trust resulting in skip persons holding all the interests in the trust
GST - Direct Skip
A transfer subject to an estate or gift tax made to a skip person.
Tax-exempt Gifts
Gift made DIRECTLY to educational institution for TUITION ONLY
Gift made DIRECTLY to a medical provider/institution for an individual’s medical expenses
USA Patriot Act 2001
Require BDs to have internal policies for Know your customer;
eliminate funding of terrorism by money laundering
Gramm-Leach Bliey Act of 1999
Keep client information private; repealed Glass-Steagall Act of 1933
Insider Trading and Sec Fund Enforcement Act of 1988
Defined what is considered insider trading;
stiffed penalties for insider trading activities
Sec 303 Redemption
Allows for portion of decedent shareholder’s stock to be bought back by the corporation as a sale or an exchange instead of dividend
The redeemed stock MUST be included in the decedent’s gross estate.
decedent shareholder’s stock must be worth more than 35% of decedent’s gross estate (after deductible expenses)