REG 1 - Individual Taxation Flashcards

1
Q

Taxable Income Formula

A
Gross income
(Adjustments)
=AGI
(Standard deduction or Itemized deduction)
=Taxable income before QBI deduction
(QBI deduction)
=Taxable income
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2
Q

How do you determine your filing status (Single & Joint) for a particular year?

A

Use the End-of-Year Test. Dec 31 determines status.

*IF one spouse dies during the year, a joint return may be filed

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3
Q

Qualifying Widow(er) with Dependent Child

A
  • May file joint tax return for each of the two years following the year of death of his or her spouse
  • Must have the dependent child pass the 50% support test and live in the same household for the whole taxable year

W (whole year)

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4
Q

Head of Household

A
  • Maintains his or her home a household that, for more than half the taxable year is the principal residence of a qualifying person
  • H (half year)*
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5
Q

Qualifying Person for Head of Household

A

1) A Qualifying Child
2) Father or Mother (not required to live with the taxpayer)
- must maintain a home by contributing over half the cost of upkeep
3) Dependent Relatives (Must live with taxpayer)
- not freeloading friends

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6
Q

Qualifying Child (CARES)

A

1) Close Relative
2) Age Limit (under 19 / 19-24 in college)
3) Residency and filing requirements
- Must have the same principal place of abode as the taxpayer for more than one half of the year
4) Eliminate gross income test
5) Support test
- Child must not have contributed more than half of their own support

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7
Q

Qualifying Relative (SUPORT)

A

1) Support test
2) Under gross income limitation: taxable
- Less than 4,300 (2021)
3) Precludes dependent filing a joint return
4) Only citizens of US or residents of US, Mexico, Canada
5) Relative or
6) Taxpayer lives with the individual (non relative) for the whole year

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8
Q

Multiple Support Agreements

A

When two or more taxpayers contribute more than 50% to the support of a person but no one individually contributes 50% or more may claim the individual as a dependent if:

  • Contributed more than 10% of the person’s support
  • Must be a qualifying relative or lived with the individual the entire year
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9
Q

Tax Exempt Interest Income

A
  • State and Local government bonds
  • Bonds of a US possession (Guam or PR)
  • US Series EE savings bonds
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10
Q

Alimony

A
  • 2018 & Earlier = income to ex spouse
  • 2019 & Later = nothing. not income

To be deemed alimony:

  • payments must be legally required
  • payments must be in cash or its equivalent (pay credit card bills, pay college bills)
  • payments cannot extend beyond the death of the payee spouse
  • spouses may not file a joint tax return
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11
Q

Penalty Tax for early withdrawal (Roth IRA) - (HIMDEAD)

A

Withdrawal before the age of 59.5 is subject to a 10% penalty tax, along with regular taxes. Exceptions include:

  • Homebuyer (1st time, 10,000 maximum)
  • Insurance (medical)
  • Medical expenses in excess of percentage of AGI floor
  • Disability
  • Education
  • Adoption or birth (5,000 maximum)
  • Death
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12
Q

Fixed Period Annuity Calculation

A

(100% - Return of capital %) x Monthly payments

Return of capital % = Original investment / Expected Value

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13
Q

Nontaxable Misc. Items

A
  • Life Insurance proceeds
  • Gifts and Inheritance
  • Works Compensation
  • Personal Injury or illness award
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14
Q

Business Income or Loss, Schedule C

A

Gross business income
(Business expenses)
= Profit or loss

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15
Q

Business Expenses (deductible from income)

A
  • COGS
  • Salaries paid to others
  • Business meals at 50%
  • Interest expense on business loans incurred AND paid
  • Bad debt actually written off for an accrual basis taxpayer
  • others
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16
Q

Nondeductibe Expenses

A
  • Your own salary
  • Federal income tax
  • Charitable contributions
  • Entertainment expenses
  • Bad debt expense of a cash basis taxpayer
  • Personal portion of meal, interest, and health insurance expense
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17
Q

Self employment tax

A

Calculated on 92.35% of income. (15.3% is combination of Medicare tax and SS tax

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18
Q

Farming Income - Cash Basis

A

Expense inventory, not required to consider inventory

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19
Q

Farming Income - Accrual Basis

A

Must use inventory

20
Q

Rental Income or Loss, Schedule E calculation

A
Gross rental income
\+ prepaid rental income
\+ rent cancellation payment
\+ improvement in lieu of rent (at FMV)
(Rental expenses)
=Net rental income or loss
21
Q

Rental of residence - less than 15 days

A

Excluded from income

22
Q

Rental of residence - 15 or more days

A

Treated as a personal/rental residence. Expenses must be prorated between personal and rental use. Expenses are deductible only to the extent of rental income

23
Q

Flow Through Business Entities

A

1) Partnership or LLC - K-1
2) S Corp - K-1
3) Sole Proprietorship - Schedule C

24
Q

Guaranteed Payments for Services

A

To partners or LLC members - subject to SE tax in addition to income tax

To a shareholder in an S corp - they receive a salary instead of a guaranteed payment. The shareholder is employed by the corporation, not self employed so half of the SS and Medicare tax are paid by the corporation

25
Q

Specified Service Trade or Business (SSTB)

A

Businesses in the fields of health, law, account, performing arts, consulting, athletics, financial services, etc

26
Q

Qualified Trade or Business (QTB)

A

Any business other than a SSTB

27
Q

Basic QBI deduction

A

20% of QBI

28
Q

W-2 Wage and Property Limitation

A

When applicable, the QBI deduction is limited to the greater of:

1) 50% of W-2 wages for the business or
2) 25% of W-2 wages + 2.5 % of unadjusted bassis immediately after acquisition (UBIA) of all qualified property (PP&E)

29
Q

Overall taxable income limitation

A

Lesser of:

1) Combined QBI deductions for all qualifying businesses or
2) 20% of the taxpayers taxable income (before the QBI deduction) in excess of net capital gain

30
Q

Category 1 Taxpayer (below income level)

A

Full 20% QBI deduction for QTBs and SSTBs

31
Q

Category 2 Taxpayer (above income level)

A

If QTB - W-2 wage and property limitation applies

If SSTB - No QBI deduction allowed

32
Q

Category 3 Taxpayer (between income level - phase in)

A

If QTB - Phase-in of W-2 wage and property limitation
If SSTB - QBI, W-2 wages, and qualified property amounts are reduced, then phase-in of W-2 wage and property limitation using reduced amounts

33
Q

Steps to solve for the QBI deduction for a Category 3 QTB

A

1) Calculate the phase in percentage
~ Taxable income - threshold amount (lower limit) = phase in range
~ phase in range / 50k (single) or 100k (joint) = phase in percentage
2) Calculate the tentative QBI deduction (20%)
3) Calculate W-2 Wage & Property Limitation
4) Calculate excess QBI deduction over limitation
~ If W-2 limitation is greater than QBI deduction then excess is 0
5) Calculate the reduction amount
~ Excess QBI deduction x phase-in percentage
6) Calculate the QBI deduction
~ Tentative QBI deduction - reduction amount

34
Q

Steps to solve for the QBI deduction for a Category 3 SSTB

A

1) Calculate the phase in percentage
~ Taxable income - threshold amount (lower limit) = phase in range
~ phase in range / 50k (single) or 100k (joint) = phase in percentage
2) Calculate the SSTB applicable percentage
~ 100% - phase in percentage
3) Calculate the reduced QBI
~ QBI x SSTB applicable percentage
4) Calculate the reduced tentative QBI deduction
~ reduced QBI x 20%
5) Calculate the reduced W-2 wages
~ W-2 wages x SSTB applicable percentage
6) Calculate the reduced UBIA
~ UBIA x SSTB applicable percentage
7) Calculate the reduced W-2 Wage & Property limitation
8) Calculate excess QBI deduction over limitation
~ If W-2 limitation is greater than QBI deduction then excess is 0
9) Calculate the reduction amount
~ Excess QBI deduction x phase-in percentage
10) Calculate the QBI deduction
~ Tentative QBI deduction - reduction amount

35
Q

Negative QBI with Multiple QTBs (still have net income from QBIs)

A

the losses are allocated pro rata among the qualifying businesses with positive QBI

36
Q

Negative Total QBI (total is a net loss on QBIs)

A

The QBI deduction for that year is 0. The combined loss is carried forward and treated as a separate business for QBI deduction purposes

37
Q

Aggregation Rules

A

An individual taxpayer may aggregate QTB (but not any SSTB) businesses if:

1) the same person or group of people own at least 50% of each business
2) the businesses to be aggregated satisfy at least two of the following factors:
- provide products/services that are the same or offered together
- Share facilities or centralized business elements
- Operated in coordination with other businesses in aggregated group

*If conditions are met, aggregation allows the combination of all QBI and W-2 / UBIA to calculate the QBI deduction

38
Q

Tax basis limitation

A
  • Flow through entities - K-1
  • deduction to the extent of the owners tax basis. A loss in excess is carried forward indefinitely
  • Any suspended losses when the owner disposes of their interest in the flow through entity are lost
39
Q

At-Risk basis limitation

A
  • Flow through entities - K-1
  • deduction to the extent the owner is “at risk”. A loss in excess is carried forward indefinitely
  • Any suspended losses when the owner disposes of their interest can be offset against any gain from the selling interest
40
Q

Passive Activity Loss (PAL) rules

A

1) Passive activity losses can only be offset against passive activity income
2) Suspend and carry forward indefinitely to offset any future passive activity income
3) Any remaining suspended PALs become fully deductible in the year the business is sold. Can be offset against active, passive or portfolio income
4) Exceptions:
- Real estate professional
- Mom and Pop exception

41
Q

Categories of Income

A

1) Active
- salaries and wages
- Guaranteed payments
- Business income or loss from activities in which the taxpayer actively participates
2) Passive
- Business income or loss from activities in which the taxpayer does not materially participate
- Rental real estate is automatically considered a passive activity
- Income or loss from a limited partnership is considered passive
3) Portfolio
- Interest, Dividends, Annuities, Royalties, Capital gains and losses

42
Q

Material Participation

A

Involved in the operation of the activity on a regular, continuous, and substantial basis. 500+ hours during the tax year is a common test

43
Q

Mom and Pop Exception to PAL limitation

A

An individual taxpayer may deduct up to 25,000 per year of net passive activity losses attributable to rental real estate if the taxpayer:

1) actively participates in the rental real estate activity; and
2) owns at least 10% of the rental real estate activity

*the 25,000 is reduced by 50% of the excess of AGI over 100k and is eliminated completely when AGI exceeds 150k

44
Q

Real Estate Professional Exception

A

If the taxpayer is a real estate professional, rental real estate activities are considered active and the PAL limitation does not apply. A taxpayer is a real estate professional if:

1) more than 50% of the taxpayers personal services during the year are performed in real estate businesses
2) the taxpayer performs more than 750 hours of services in real estate businesses during the year

45
Q

Excess business loss

A

Taxpayers are not allowed to deduct an overall excess business loss for the year. Excess the threshold is carried forward as a NOL

46
Q

Order of loss limitation consideration

A

1) Tax basis
2) At risk basis
3) PAL limitation
4) Excess business loss limitation

47
Q

Capital Losses loss limitation

A

3,000 maximum deduction. Excess net capital losses are carried forward an unlimited time until exhausted.