R1 - Big topic 3/3 - individual tax - Gross Income Flashcards

1
Q

I. Gross Income in general

A

Gross income = All income from whatever source derived.

Taxable -> basis = FMV
Nontaxable -> basis = adjusted basis (Net book value)

  • *Characterization of Income (4 Baskets of income)
    1. Ordinary income (salaries, wages, self-employment (schedule c) income)
    2. Portfolio (interests and dividends)
    3. Passive (Rental activity) **only passive losses can offset passive income. -> rental income and Benefits from S Corp
    4. Capital (capital gain and capital loss)
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2
Q

II. Specific items of income and exclusions

A
A. Salaries and wages
B. Interest Income (Schedule B) 
C. Dividends Income (Schedule B)
D. Stat and local tax refund
E. Payments pursuant to a Divorce 
F. Business income or loss, (Schedule C or C-EZ)
G. Farming Income
H. Gains and losses on disposition of property 
I. IRA Income
J. Annuities
K. Rental income (passive income)
L. Unemployment Compensation
M. Social Security Income
N. Taxable Miscellaneous Income
O. Partially Taxable Miscellaneous Items - Scholarships and Fellowships
P. Nontaxable miscellaneous Items
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3
Q

II. Specific items of income and exclusions

A. Salaries and wages

A
  1. Money
  2. Property (taxable so it is fair market value)
  3. Cancellation of Debt
  4. Bargain purchase (FMV - Employee bargain price = taxable income)
  5. Guaranteed payment to a par (partnership, reasonable compensation)
  6. taxable fringe benefits
    - > the FMV of a fringe benefits that not excluded by law = taxable) example: employee use of a company car.
  7. partially taxable fringe benefits
    - > employer paid life insurance policy, the first $50,000 is NOT taxable. AFTER $50,000 -> TAXABLE.
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4
Q
II. Specific items of income and exclusions 
A. Salaries and wages
- taxable fringe 
- partially taxable fringe
- nontaxable fringe
A

taxable fringe = not law excluded (required) benefits

partially taxable = life insurance, first 50,000 (coverage amount) not taxable. over 50,000 coverage = paid taxable MAX COVERAGE = 50,000

example -
50,000 coverage, paid 500 -> tax free
60,000 coverage, paid 600 -> 100 taxable and in W2

nontaxable taxable =
1. life insurance proceeds (because of death) = nontaxable
BUT, interests on income element on deferred payout arrangements is fully taxable. (interests income, reinvestment)
2. Employer paid Accident, medical, and health insurance (nontaxable)
3. Employer payment of employee educational exp - nontaxable
max = 5,250, BS and MBA are OK/
4. Pension plan (401k)
-> nontaxable when employer contributing
-> taxable when you withdrawal the money

  1. Flexible Spending Arrangement (FSA)
    deduct from pre-tax salary by employer. Deposit. and to pay for qualified health care and/or qualified dependent care costs.
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5
Q

II. Specific items of income and exclusions

B. Interest income (schedule B)

A
  1. taxable interests income
    Bonds (federal, industrial, corporate),
    Premium received for opening a saving account (Prize)

Interests paid by the federal or state government for late payment of tax refund

amortization of bond premium -> decrease bond int.; decrease bond basis; decrease tax (premium会三低)
amortization of bond discount -> increase bond int. increase bond basis, increase tax (discount会三高)

  1. nontaxable interests income
    (reportable but not taxable)
    - interests on state and local government bonds (tax free)
    - Series EE (US Saving bond) “pay for educational expenses”
    - Veterans admin insurance
  2. Kiddie tax (unearned income of a kid)
    GR - under 18 kids, net unearned income taxed at parent’s rate.

net unearned income kid
0 - 1,000 tax free
1001 - 2000 kid’s rate
2001 + parent’s rate

short answer: total kids unearned income - 2000 = tax at parent’s rate

  1. Forfeited interest
    small interests but with early withdrawal penalty of savings.
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6
Q

C. Dividends Income

A

current e&p - taxable
accumulated e&p - taxable
return of capital - non taxable
capital gain (no basis) - taxable

Stock split = nontaxable
Stock dividends = non taxable (IF there is a OPTION of choosing CASH or Other Property) you dont have to elect that option, but if there is an option. then stock dividends is taxable @ FMV.

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7
Q

D. State and local tax refund

A

Itemized in prior year = state or local refund is taxable

Standard deduction (1040 EZ) used in prior year = non taxable ** 
**taxed paid did not result in a tax benefit in prior year. 
  • *late tax refund interests is taxable.
  • *1040 EZ is for standard deduction.
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8
Q

E. Payment pursuant to a divorce

A
  1. Alimony = INCOME to the spouse receiving the payment, –> taxable for receiver. adjustment for distributor
    * *legally required
    * *must be in cash or equivalent
    * *cannot extend the death
  2. Child support
    - nontaxable
    - first come to child support then to alimony 顺序
  3. Divorce property settlement (nontaxable)
    amount realized
    - adj basis give out
    = gain (HIDE IT)
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9
Q

F. Business income or loss (schedule C or C-EZ)
Self employed
- gross income and expenses

A

CORE Formula (self employment, Sole proprietorship)
Gross Business income
- (business expenses)
= profit / loss

**Gross Income (Cash, Property@FMV, and COD)

  • *Expenses
  • cost of goods
  • salaries paid to others
  • state and local business taxes paid
  • office supplies
  • actual auto expense OR standard mileage rate
  • 50% of business meal and entertainment (MUST Direct relate to business)
  • depreciation of business assets
  • INTEREST PAID on business loan (必须是accrual 花哪儿算哪儿 不能pay in advance 然后全deduct掉)
  • employee benefits
  • legal and professional services
  • bad debts must be direct write off method (must use direct w/o, not allowance method for tax)
  • *Not deductible in expenses
  • salaries for yourself
  • federal income tax
  • personal portion of automobile, travel, vacation expenses
  • bad debt expense for cash basis taxpayer (who never report the income in the first place)
  • *health insurance of sole proprietor (not deductible in expenses, but it is deductible in adjustments)
  • *charitable contribution - not deductible in expenses, but it is an itemized deduction.
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10
Q

F. Business income or loss (schedule C or C-EZ)
Self employed
- gain and loss

A

back to the core formula

gross business income
- business expenses
= gain or losses

Gain = two taxes

  1. income tax (“employer half”)
  2. federal self-employment (S/E) Tax (“employee half”)

Loss =deductible and can offset other incomes
excess loss = cb 2, cf 20

***延伸
corporate capital loss
1. can only offset capital gain
2. cb 3 cf 5

corporate operating loss

  1. no offset
  2. cb 2 cf 20

individual capital loss

  1. deductible others max 3000
  2. cb 0 cf unlimited

individual operating loss

  1. deductible others
  2. cb 2 cf 20
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11
Q

F. Business income or loss (schedule C or C-EZ)
Self employed
- uniform capitalization rule

A

Capitalized as Inventory

  • DM
  • DL
  • Factory Overhead

Periodic expense

  • Selling
  • General
  • Administrative
  • Research and development
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12
Q

F. Business income or loss (schedule C or C-EZ)
Self employed
- long term contracts

A

GR - must use percentage method (accrual gain as going)

Exceptions (can use completion method)

  1. small contractors
  2. home construction contractors
  3. service performed by architects, engineers, designers, construction management advisor, software implementation personnel related to the long term project
  4. services performed under warranty and maintenance agreements related to the long term contract

**long term contract period define
start date: the date incurs cost
end date: the end of completion

**percentage method income recognition
cost-to-cost method:
total actual cost to-date / total est. cost = c-to-c ratio
c-to-c ratio X (Sales price - total est cost) = total income to date
total income to date - prior year income = this year income

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13
Q

G. Farming income (schedule F)

A

GR - using Schedule F, farming activities is treated the same as income from other business activities.

cash basis

  • most farmer use cash method
  • no inventory; cost of inventory = pure expenses, deduct from income

accrual basis

  • required for certain corp and partnership and for all farming tax shelters
  • inventory = inventory
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14
Q

H. Gains and losses on disposition of property

A

amount realized
- adjusted basis of asset sold
= gain/ loss

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15
Q

I. IRA Income
(withdrawing funds from IRA)

GR
Exceptions: HIMDEaD

A

GR - cannot withdrawn until 59 and 1/2 years old.

Taxation on distribution (benefits) = 1 regular tax + 1 penalty tax for early withdrawal
1. Regular tax
ordinary income (taxable)
Roth IRA - withdrawal tax free
traditional IRA - principal (taxfree); interest (taxable)

  1. Penalty 10% tax
Exceptions to penalty tax (HIMDEaD)
H - 1st time Home buyers - 10,000 max exclusion if distribution used to buy 1st house
I - Insurance (medical) 
M - Medical expenses in excess 10% of AGI
D - Disability 
E - Education
a - and
D - Death
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16
Q

J. Annuities

A

Treat like depreciation
关键点在哪里啊 关键点在Actuarial Payout Period (也就是recovery period)

total investment = 60,000
actuarial payout period = 260 months

60,000 / 260 m = 230.77

first 230.77 of first 260 payments is non taxable.

Live LONGER than 260 months
-> over 260 months, fully taxable

Live SHORTER than 260 months (recovery period)
unrecovered portion is miscellaneous itemized deduction, and not subject to 2% AGI Floor.

17
Q

K. Rental

A

schedule E
rental real estate, royalties, partnership (from k-1), s corp (k-1), estate (k-1), and trust (k-1)

three things under rental

  1. CORE FORMULA
  2. rental vacation home
  3. passive activity losses
18
Q

K. Rental - 1. CORE FORMULA

A

Core formula

Gross rental income
\+ prepaid rental income (nonrefundable deposits) 
\+ rent cancellation payment 
\+ improvement in-lieu-of rent (@FMV) 
- (rental express) 
= Net Rental Income 
or 
Net Rental Loss
19
Q

K. Rental - 2. Rental of Vacation Home

A

vacation home

  1. rented less than 15 days
    this is a personal residence; rental income is excluded from income.
  2. Rented 15 + days
    this is a personal/rental residence. Rental expenses are deductible ONLY to 最高到rental income. 没有负的rental income
20
Q

K. Rental - 3. passive activity losses (PALs)

A
  1. deduction
    Passive activity loss CAN ONLY DEDUCT passive income (present and future) . Cannot deduct against wages, salaries, capital gain etc.
  2. nondeduction
    loss carry forward unlimited and deduct future passive activity loss
    * when property sold, all suspended losses are fully deductible.
  3. Exceptions (passive losses can deduct other gains)
    two conditions
  • exception 1 Mom and Pop Exceptions
  • *25,000 and actively participating/ managing the property
  • *excess loss - carryforward forever
    • phase out - when AGI over 150,000, no deduction
  • exception 2 Real Estate professional
    No passive activity if two conditions are met -
    1. 50% of personal services are in real estate
    2. 750+ hours during the year in real estate
21
Q

L. Unemployment Compensation

A

fully taxable.

**WORKERS Compensation is not taxable.

22
Q

M. Social Security Income

A

social security income
low income = no social security taxable

upper income = 85% of social security benefits are taxable

23
Q

N. Taxable miscellaneous

  1. prize and awards
  2. gambling winnings and losses
  3. business recoveries
  4. punitive damanges
A
  1. Prize and Awards
    fmv is taxable.
    EXCEPTION - winner didnt sign into a contest (w/o action on winner’s part) + award directly goes into gov or charity -> no tax
  2. gambling
    winning = income taxable
    loss = itemized deduction, and only offset gambling winnings. (limits)
  3. Business recoveries
    if damage award is compensation for lost profit, the award is income.
  4. Punitive damages
    taxable as ordinary income (for business context for loss of personal reputation, for personal injury,
24
Q

O. Partially taxable - scholarships and fellowships

A

scholarship and fellowship

  1. degree seeking
    * *nontaxable - scholarship for tuition, fees, books, and supplies
    * *taxable - if provided services; room and board
  2. non degree seeking
    scholarship = fully taxable
  3. tuition reductions
    teaching assistant - received tuition deduction is taxable if this is their ONLY compensation.
25
Q

P. Nontaxable small things

A
  1. life insurance proceeds - nontaxable
    * * interest from investment is taxable.
  2. Gifts and inheritance - nontaxable
    Receiving person is nontaxable
  3. medicare benefits - nontaxable
  4. worker compensation - nontaxable
    * *unemployment compensation taxable
  5. Personal injury or illness award - nontaxable
  6. accident insurance - nontaxable