R3 C & S Corp and Exempt Orgs (T) Flashcards
C Corporation Capital Loss Treatment
Net capital losses are carried backwards 3 years and forward 5 years. They are carried over as short-term capital losses and applied only against capital gains
Worthless Stock - Section 1244 Stock (small business stock)
When a corporation’s stock is sold or becomes worthless, an original stockholder can be treated as having an ordinary loss (fully tax deductible), instead of a capital loss, up to $50,000 ($100,000 if married filing jointly). Any loss in excess of this amount would be treated as capital loss, which would offset capital gains and then a maximum of $3,000 ($1,500 if MFS) per year would be deductible
Personal Holding Companies (PHC)
Corporations more than 50% owned by 5 or fewer individuals (either directly or indirectly at any time during the last half of the tax year) and having 60% of adjusted ordinary gross income consisting of net rent, interest that is taxable, royalties, or dividends from an unrelated domestic corporation
Composition of Gross Income to be deemed PHC (NIRD)
Net rent (if less than 50% of ordinary gross income)
Interest that is taxable (nontaxable is excluded)
Royalties (but not mineral, oil, gas, or copyright royalties); or
Dividends from an unrelated domestic corporation
Additional Tax Assessed to PHCs
Corporations deemed to be personal holding companies are taxed an additional 20% on personal holding company net income not distributed
Penalties and Illegal Activies
Bribes, kickbacks, fines, penalties, and other payments that are illegal under federal law or under a generally enforced state law are not deductible.
Entities that must use Accrual Basis of Accounting for Tax Purposes
The general rule is that the accrual basis of accounting will be required by tax shelters, large C corporations, and manufacturers
Amortization, Depreciation, and Depletion for Coroporations
Goodwill, covenants not-to-compete, franchises, trademarks, and trade names must be amortized on a straight-line basis over a 15 year period beginning with the month such intangible was acquired
Corporation Distributes Assets to Shareholders in Liquidation
Shareholders recognize gain or loss to the extent of FMV of assets received exceeds the adjusted basis of stock
Shareholder contributes property in exchange for corporation common stock
No gain or loss if the following two conditions have been met:
80 percent control
Boot not involved
Basis of Property (corporation receives)
The general rule is that the basis of the property received from the transferor/shareholder is the greater of
Adjusted basis (net book value)
Debt assumed by corporation
Dividends Received Deduction
Requirements 1st corporation is taxed Owned 45 days before or after Dividend income 100% (own 80% to 100%) 80% (own 20% - under 80%) 70% (own under 20%
Limitations of Dividend Received Deduction
Limited to the percentage of Gross income less deductions and contributions to charity
Charitable Contributions for Corporations
Corporations making contributions to recognized charitable organizations are allowed a maximum deduction of 10% of their taxable income. Any disallowed charitable contributions may be carried forward for five years. Any accrual must be paid within 2 1/2 months of taxable year
Accumulated Earnings Tax
Imposed on regular C corporations whose accumulated (retained) earnings are in excess of $250,000 if improperly retained instead of being distributed as dividends to high tax bracket shareholders. The additional tax rate for accumulated earnings is 20%