R3 Flashcards
C-Corp Formation…Basis of Property is…
Greater of adjusted basis (NBV PLUS Cash given or debt assumed by corp
Are certain proceeds from life insurance on key person’s taxable?
No.
Domestic Production Deduction
1Domestic Production Deduction—9% of the lesser of taxable income or Qualified Production activities income.
For tax purposes, do we use specific charge-off method for bad debts or allowance method?
Specific Charge-Off
Charitable Contribution Limit for C-Corps?
10% limit on adjusted taxable income by March 15. Taken before any special deductions. 5 year carryforward.
How do we handle business casualty losses?
100% deductible at NBV. If partially destroyed, take lesser of NBV or FMV loss.
How does a business treat goodwill?
Amortized over 15 years
Is interest expense to carry municipal bonds deductible?
No.
Business Expenses: tax deductibility of life insurance expense on key persons?
Not deductible
Business Expenses: tax deductibility of life insurance expense when employee owns the policy?
Deductible
Name deductible business taxes
State income, city income, and federal payroll tax deductible
Business Capital G/L
a. Capital loss deduction not allowed
b. Only offset capital gains
c. Net capital losses are carried 3 years back, 5 years forward
d. Capital gains at ordinary tax rates
What are the rules for Net Capital Losses?
We don’t know, except that we have a 2 year carryback, 20 year carryforward.
Individual net capital loss rules
3,000 against ordinary income, no carryback, indefinite carryforward
General Business Credit
a. May not exceed net income tax less 25% of regular tax liability above 25,000 OR tentative minimum tax for the year.
Entities for which DRD does not apply
a. Personal service companies
b. Personal holding companies
c. (Personally taxed) S corporations
Accrual basis method is required for the following
i. Accounting for purchases and sales of inventory
ii. Tax shelters
iii. Certain farming corps
iv. Business has greater than $5 million of average annual gross receipts for the 3 year period ending with the tax year
Estimated Payments of Corporate Tax
i. Small Corps—Lesser of 100% tax shown for current year or 100% of tax shown for preceding year (as long as you owed tax)
ii. Large Corps ($1 million or more 3 preceding years)—must pay 100% of tax shown for current year
d. Consolidated Tax Returns
i. Common parent directly owns 80% of voting power AND value of all outstanding stock for each corporation.
AMT -
i. Adjustments—Put a “LID” on it
- Long-Term contracts
- Installment sales—dealer
- Depreciation adjustment for property after 1986 but before 1998
ii. AMT Preferences
- Percentage Depletion
- Private Activity Bonds
- Pre-1987 ACRS Depreciaion
AMT–Adjusted Current Earnings (MOLDD)
a. Municipal bond interest
b. Organizational expense amortization
c. Life insurance proceeds on key employee
d. Different between AMT depreciation and ACE depreciation
e. 70% Dividends Received Deduction
iv. Exemption amount
- $40,000 less 25% of AMTI in excess of $150,000
AMT Corp Tax Rate
20%
What is the carryforward for AMT?
No carryback, indefinite carry forward
f. Accumulated Earnings Tax
- Business need
- Lifetime credit of $250,000 ($150,000 for service corps)
- Excuses
a. Taxable income less ALL CHARITY less ALL CAPITAL LOSSES less ALL TAXES less ALL DIVIDENDS - Whatever is left is taxed at the 20% rate
i. Definition of a Personal Holding Company (NIRD)
- 50% owned by 5 or fewer individuals and having 60 % of their adjusted ordinary income consisting of the following…
a. Net rent (if less than 50% of ordinary gross income)
b. Interest that is taxable (nontaxable is excluded)
c. Royalties
d. Dividends from an unrelated domestic corporation
Personal Holding Company Tax
20% in addition
Classification of E&P Distributions
i. E&P = Taxable Dividend Income
ii. No E&P = Return of Capital (not taxed)
iii. No basis = Capital Gain Distribution
IV. Stock Dividends
a. Generally not taxable
b. Unless shareholder has choice of receiving cash or property (at FMV)
a. Generally not taxable
b. Unless shareholder has choice of receiving cash or property (at FMV)
Taxability of Property Dividends for a corporation
i. Exception for property dividends. For property dividends, treat the recognized gain as if the property had been sold. The gain INCREASES CURRENT E&P.
ii. FMV Property less NBV = Corp Gain
Taxability of stock redemption for shareholder
Proportional–taxable dividend income
Disproportional–taxable capital gain or loss