R4 Flashcards
Expenses deductible for books but not deductible for tax
- Federal tax expenses are deducted as expense for books but added back for tax
- 50% of meal expenses are deducted for book and added for tax
- Excess of capital losses over capital gains should be added back
- Interest income from Municipal bonds needs to be subtracted as they are not taxable
- Term life Insurance premiums are added back to book income as they are not deductible for taxable income purpose.
- Premiums on group-term life insurance covering the lives of employees are deductible by the employer, unless the employer is a direct or indirect beneficiary.
- Keyman Insurance ==Insurance expense on officers’ lives where the corporation is the owner and beneficiary of the life insurance policy are not deductible.
Life Insurance Proceeds
- LIP on the life of an officer when corporation is the owner and beneficiary are not reported as TI of the corporation.
- Any expenses related to the premiums – not tax deductible for the corporation
Accrual method of accounting
- The accounting for purchases and sales of inventory provided the business has greater than $29 million of average annual gross receipts for the 3 year period ending with the prior tax year;
- Tax shelters;
3.Certain farming corporations, provided the business has greater than $29 million of average annual gross receipts for the three-year period ending with the prior tax year; and
4.C corporations , trusts with unrelated trade or business income, and partnerships having a C corporation as a partner
provided the business has greater than$29 million average annual gross receipts for the three-year period ending with the tax year.
Taxable income changes for the corporation and the shareholder if land distributed instead of Cash
Payment of dividend does not create a taxable event unless the distribution is appreciated property. If that is the case then the corporation recognizes gain as if the property were sold at FMV.
There is no change to the shareholders TI.
NOL - Corporation
- Capital Losses – Only offset Capital gains
- Net capital loss- C/B == 3 years ; C/F == 5 years
- C/B starts from the oldest year first and is limited to the TI amount. For example ,
year 2 CG = 21,000 and TI is 17,000 THEN 17K will only be deducted as NOL.
Bad Debts Write off
A corporation that is not a financial institute like Small banks or thrift institutions are required to use the DIRECT CHARGE -OFF METHOD rather than reserve method.
Illegal Activity
- A gain from an Illegal Activity is includible in income.
- Cost of Merchandise can be a deductible expenses
- Business expenses relating to operating illegal business are not allowed deductions.
ORGANIZATIONAL EXPENSES
Brown Corp., a calendar-year taxpayer, was organized and actively began operations on July 1, Year 1, and incurred the following costs:
Legal fees to obtain corporate charter : 41,000
Commission paid to underwriter
25,000
Other stock issue costs
10,000
Brown wishes to amortize its organizational costs over the shortest period allowed for tax purposes. In Year 1, what amount should Brown deduct for the organizational expenses?
- Organizational costs are amortizable over a minimum period of 15years (180 months).
- Limitation of upto 50K total expense can allow a 5000 deduction in the year 1.
- Allowable costs in connection with the corporate organization are
a. legal fees;
b.necessary accounting services,
c.expenses of temporary directors, and
d.incorporation fees paid to the state. - Organizational costs exclude
a.stock issue costs and
b.commissions paid to underwriters to
help sell the shares. - Total org costs (if limited to 50k) - 5,000
- Step 5 /180 months
- Step 6 * Remaining months in the year
- Step 7 + 5,000 (year 1)
Charitable Contribution
- Deduction == 10% TI
- Excess Contribution === C/F 5 years
- Limited to the amount paid during the year or by the 15th day of the 4th month after the taxpayer year ends.
Corporation - LIQUIDATION
Upon Liquidation, Corporation recognizes gain or loss on distribution of its assets when sold at FMV
REORGANIZATION
Reorganizations are TAX-FREE to all corporations involved and to all their shareholders.
Type A = Mergers or Consolidations
If the parent owns more than 80% of stocks in the subsidiary company then it can file consolidated return
Type B == ACQUIRING STOCK FOR STOCK
1. Target is acquired using the stock of acquired corporations or the acquiring Corp Parent (Triangular Acquisition)
2. Acquiring Corporation must be in control of the target immediately after acquisition.
Type C == ACQUIRING STOCK FOR ASSETS
Type D= Dividing the corporations into separate operating Corporation
Type E == Recapitalization
Type F == A mere change in Identity, form or place of the organization.
Lilac Corp., a C corporation with earnings and profits, redeemed shares of stock from
an individual shareholder. The distribution in redemption of stock will likely result in
dividend income treatment to the redeeming shareholder if:
Answer is === A stock redemption that is proportionate with respect to the
shareholder is treated as a dividend to the redeeming shareholder.
Exchange of Stock not as a dividend. ==
1. A Stock redemption that results in a complete termination of the
redeeming shareholder’s interest in the corporation
2. A stock redemption that is due to a complete liquidation of a
corporation
3. A stock redemption that is due to a partial liquidation of a
corporation
ESTIMATED TAX
- No penalty for underpayment of estimated tax id the tax for the year is less than $500
- Regular Corporate income tax is required in determining the amount of installment and not the accumulated earnings tax
- Personal Holding company PHC are subject to underpayment of estimated tax penalty provision.
- No Underpayment penalty if estimated tax payments are equal to the current year taxes shown in the return.
DIVIDEND RECEIVED DEDUCTION
OWNERSHIP DRD
0-20% 50%
20-80% 65%
80% OR MORE 100%
what is the tax effect of the liquidation of an 80% or more owned subsidiary
- In a tax - free liquidation of an 80% or more owned subsidiary, the parent corp takes a carryover basis in the assets it received from the subsidiary.
- The corporation cannot deduct a loss on distribution of property to shareholders in a complete liquidation of the corp in a tax-free liquidation of a corp 80% or more owned by other corp.
- Subsidiary cannot recognize gain or loss on distribution of assets to the parent corp in a tax-free liquidation of a corp 80% or more owned by other corp.