REG 1 - Individual Tax Part 1 Flashcards

1
Q

What is the individual income tax formula?

A

Gross Income
(Adjustments)
=Adjusted gross income

(Standard Deduction OR Itemized Deduction)
=Taxable Income before QBI deduction

(QBI deduction)
=Taxable Income

Federal income tax
(tax credits)
Other taxes
(Payments)
=Tax due or Refund
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2
Q

What is a qualifying widow(er) filing status?

A

Needs to meet the following criteria:

  1. Can be used two years following the death of spouse (i.e. spouse dies in Y1, can be used for Y2 and Y3)

AND

  1. Surviving spouse must pay over half the costs of maintaining the household where dependent child lives for the WHOLE tax year. Dependent child can be child (including adopted but not foster) or stepchild of the surviving spouse
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3
Q

What is the head of household filing status?

A

Needs to meet the following criteria:

  1. Must be unmarried, legally separated, or married and has lived apart for the last six month of tax year
  2. individual not considered a qualifying widower
  3. individual is not a nonresident alien
  4. The individual maintains the home for more than six months is the principle resident of a qualifying person (dependent child, parent, or relative)
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4
Q

To meet the head of household filing status what qualifying person MUST live with the taxpayer?

  1. Qualifying child
  2. Father or Mother
  3. Dependent Relatives
A
  1. Qualifying child (includes foster child)- does NOT need to live with the taxpayer but needs to meet the qualifying children rules
  2. Father or Mother - does not need to live with the tax payer but taxpayer needs to maintain their home (half the upkeep costs)
  3. Dependent Relatives - MUST live with taxpayer. Relatives include grandparents, brothers, sisters, aunts, uncles, nieces/nephews, in laws. COUSINS, FOSTER PARENTS, and unrelated dependents do not apply
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5
Q

What are the two dependency categories?

A

Qualifying child and Qualifying relative

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6
Q

What are the criteria for a qualifying child?

A

Think of the acronym CARES.

Close Relative - must be taxpayer’s son/daughter, stepson/daughter, brother/sister, stepbrother/sister, or descendant of any of these.

Age Limit - “child” needs to be under 19 or 24 if full time college student. Full-time is defined as 5 months of the year

Residency and Filing Requirements - must live with the taxpayer for more than half the tax year. “Child” must be a citizen of US, Mexico, or Canada

Eliminate Gross Income Test - this does not apply to “child”

Support Test - “child” must not have contributed more than half of support. Scholarships are not considered income for son/daughter & stepson/step daughter. This scholarship exclusion does not extend to siblings and descendants.

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7
Q

What are the criteria for a qualifying relative?

A

Think of the acronym SUPORT.

Support Test - taxpayer must have contributed more than one half of support; and,

Under Gross Income Limitation - gross taxable income must be under $4,400. Excluded from taxable income is SS checks, Tax Exempt interest income (state and muni interest income), and tax exempt scholarships; and,

Precludes Dependent Filing a Joint Return - EXCEPTION if there is no tax liability on the return then a joint return is okay; and,

Only citizens of the US, Canada, or Mexico; and,

Relatives - children, grandchildren, grandparents, siblings, aunts/uncles, nieces/nephews (also stepchildren/stepparents/stepsiblings, too); OR,

Taxpayer lives with individual (non relative) the whole year. A non relative member can qualify as long as they live with taxpayer the whole year (foster parents & cousins included)

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8
Q

Are state and local tax refunds taxable income in a subsequent year?

A

Depends. It is not taxable if the taxes paid did not result in a tax benefit in the prior year.

if itemized in the prior year = state and local refund is taxable

Standard deduction used in prior years = state of local refund is nontaxable

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9
Q

How are payments taxed for a divorce:

Alimony/Spousal Support Payments

Child Support

A

For alimony it depends on when the divorce was executed:

 2018 and earlier - included in gross income of 
 recipient, deducted from gross income by payor

 2019 and later - excluded in gross income of 
 recipient, not deductible in gross income for payor

For Child Support:

Not taxable or tax deductible. Child support payments are allocated to child support first then to alimony (for tax purposes in 2018 and earlier)

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10
Q

What are the exceptions to the penalty tax for early IRA distributions?

A

Think of the acronym “HIM DEAD”. this is to avoid the 10% penalty

H- first Home purchase, max of $10K
I- Insurance (Medical) - unemployed 12 consecutive weeks of unemployment comp; self employed
M- Medical expenses in excess of percentage of AGI floor

D - Disability
E- Education - college tuition, books, fees
A- Adoption or birth, $5K max
D- Death

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11
Q

Once the QBI deduction is calculated based on the taxpayer’s eligibility, what is the overall deduction limited to?

A

The lessor of the:

combined QBI OR 20 percent of the taxpayer’s taxable income in excess of capital gain

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12
Q

What is the QBI deduction for a qualified trade or business (QTB):

Filing Type: Single
Taxable Income before QBI deduction: $192,550
Net capital gains: $0
QBI: $80,000
QTB's W-2 wages: $20,000
A

Tentative QBI deduction $80,000 x 20% = $16,000

W-2 wage limitation; $20,000 x 50% = $10,000

$16,000 - $10,000 = $6,000 excess amount

Calculation of phase in percentage:

$192,550 taxable income - $170,050 (phase in range) = $22,500

$22,500/$50,000(phase-in range) = 45%
**phase in range is $170,050 to $220,050

$6,000 excess amount x 45% phase in percentage = $2,700

$16,000 tentative QBI deduction - $2,700 reduction amount = $13,300 reduced QBI deduction

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13
Q

What is a passive activity and how are losses treated ?

A

A passive activity is: any activity in which such taxpayers do not materially participate and rental real estate investments regardless if they materially participate or not.

They cannot be used to offset portfolio income and can be carried forward but NOT back. In the year of disposable you can offset losses against any other income source (active, portfolio, or passive)

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14
Q

what is the mom and pop exception for real estate passive losses?

A

if TP materially participates in real estate and has 10% or more ownership then they can deduct losses up to $25K. There is a phase out for $100K to $150K in AGI. It is 50 cents on the dollar.

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15
Q

what are the requirements for an EE Savings Bond to receive tax exemption on the accumulated interest?

A
  1. the purchaser of the bond must be the sole owner (or joint owner with his or her spouse)
  2. the issue date of the bonds must follow the 24th of the owners
  3. the redemption proceeds must be used to pay tuition and fees of the taxpayer, spouse, or dependent to attend college (or vocational school)
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16
Q

In 2022, Murray earned $10,000 teaching college accounting classes while working on his doctoral degree. Also, in 2022, he received a fellowship grant of $2,500. Murray incurred the following expenses during 2022:

Room and board - $1,500
Tuition and required fees - $1,750
Books - $250

What income must Murray report on his 2022 income tax return?

A

The IRC excludes from gross income the amount received as a scholarship or grant by a candidate for a degree. The term scholarship includes only the amount used for tuition, fees, books, supplies, and equipment and does not include the value of services and accommodations such as room and board. Therefore, the fellowship grant of $2,500 is exempt only up to the amount of tuition, fees, and books, or $2,000. Also, the exclusion does not apply if past, present, or future services are a condition of the scholarship. Accordingly, the entire $10,000 for teaching must be included in income and added to the nonexempt $500 portion of the fellowship.

17
Q

How is a forfeiture penalty for premature withdrawal of funds treated?

A

it is a deduction from gross income in arriving at AGI

18
Q

How are taxes paid by an individual to a foreign country treated?

A

the taxpayer may elect a credit or an itemized deduction for “taxes you paid” to other countries or US possessions

19
Q

What is considered a Specified Service Trade or Business?

A

business involving direct services in certain fields and any trade in which the principal asset is the reputation or skill of one or more of its employees.

specifically excluded from this is engineering and architectural services

examples - healthcare, law office, CPA firm, performing arts, consulting, financial services, brokerage house, etc

20
Q

is real estate taxes and mortgage payments considered alimony?

A

real estate taxes are NOT considered alimony but mortgage payments ARE considered alimony

21
Q

Willie Smith was injured during the year and was not able to work due to his injury and the associated emotional distress. Willie received the following payments during the year:
Disability pay $3,500
Accident insurance proceeds (substitute for lost income) $7,000
Damages for emotional distress received by a lawsuit $2,000
Punitive damages $5,000

Willie has paid the premiums for all of his policies and has not taken any deductions for the medical expenses. The total amount of compensation for injury that Willie may exclude from gross income is

A

Gross income does not include benefits specified that might be received in the form of disability pay, health or accident insurance proceeds (even if the benefits are a substitute for lost income), workers’ compensation awards, or other damages for personal physical injury or physical sickness. Also excluded are damages received for emotional distress if an injury has its origin in a physical injury or physical sickness (regardless of whether the damages are received by a lawsuit or an agreement). However, punitive damages received are includible in gross income even if in connection with a physical injury or physical sickness. Thus, Willie may exclude $12,500 from gross income ($3,500 + $7,000 + $2,000).

22
Q

As a result of a fire, Sam had to vacate his apartment for a month and move to a motel. His rent for the apartment had been $600 per month. No rent was charged for the month the apartment was vacated. His motel rent for this month was $1,000. He normally pays $200 a month for food, but food expenses for the month he lived in the motel were $500. He received $1,100 from his insurance company to cover his living expenses. Based on this information, determine the amount, if any, he must include in income.

A

A taxpayer whose residence is damaged or destroyed and who must temporarily occupy another residence can exclude from gross income any insurance payment received as reimbursement for living expenses during such period. This exclusion is limited to the excess of actual living expenses incurred by the taxpayer, $1,500 ($1,000 rent + $500 food) over the normal living expenses of $800 ($600 rent + $200 food) the taxpayer would have incurred during the period, or $700 ($1,500 – $800). The exclusion covers additional costs incurred in renting suitable housing and any extraordinary expenses for transportation, food, and miscellaneous items. The amount of the reimbursement included in income is $400 ($1,100 reimbursement – $700 exclusion).

23
Q

Mr. W died early in the current year. Mrs. W remarried in December of the same year and therefore was unable to file a joint return with Mr. W. What is the filing status of the decedent, Mr. W?

A

married filing separate

24
Q

During an all-employee awards ceremony, Pedals Company gave Mollie a new bicycle for her outstanding safety record. This award was presented to Mollie for her services to the company and in accordance with Pedals’s qualified employee achievement awards program. The bicycle cost Pedals $1,200 and has a fair market value of $1,700. What amount must Mollie include in income?

A

0

The IRC allows an employee to exclude from gross income the value of an employee achievement award to the extent the employer may deduct it under Sec. 274(j). An employee achievement award is an item of tangible personal property provided by an employer for length of service achievement or for safety achievement. Section 274(j) allows a deduction of up to $400 per award (or up to $1,600 under a qualified plan) provided the average awards do not exceed $400. Since the award was a qualified plan award, the limitation is $1,600. Gross income does not include the value of an employee achievement award if the cost of the award to the employer does not exceed the amount allowable as a deduction to the employer. Because the cost of the bicycle does not exceed the $1,600 limit, Mollie will not have to recognize income.

25
Q

Given the following wage information, what are the total gross wages subject to Federal Unemployment
Tax for the current year?
Employee Wages Paid during the Current Year
T - $4,200
E - $5,800
M - $22,900

A

Under Sec. 3306(b)(1), wages are taxed for federal unemployment taxes up to $7,000 for each employee. Wages earned in excess of $7,000 are not subject to federal unemployment taxes. The full amount of wages paid during the current year to employee T and employee E is taxable. Only $7,000 of the wages paid to M is subject to federal unemployment taxes. Thus, the total amount of wages paid in the current year that is subject to federal unemployment taxes is $17,000.

26
Q

What is not included in QBI calculation?

A

QBI does not include capital gains or losses, employee compensation, or foreign currency gains.

27
Q

If a principal’s debtor’s performance is tendered, how does this impact the surety?

A

it releases the surety, even a compensated surety

28
Q

will the modification of terms in a debt agreement, release a surety from liability to the creditor?

A

a surety will only be released if he is not compensated