REG Flashcards

REG #1

1
Q

Tax Filing Requirements
Qualifying Widower- 2 years FOLLOWING death
-Year of death is Married filing Joint
-Must hold principle residence for a child for the WHOLE year

Head of Household
-Must hold as principle residence for at least HALF the year
-Dependent (not parent) must live with you

Surviving Spouse - First 2 years
-Must pay over half the cost of maintaining a
household where a child lives for the whole taxable
year.

A
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2
Q

CARES (QC qualifying child)

Close Relative
Age limit
Residency and filing requirements
Eliminate gross income test
Support test

A

Close Relative
-children, step children, brothers and sisters, step siblings,
descendants of prior mentioned
Age limit
-Younger than 19 or fulltime student through 24.
- No age limit if total and permanent disabled
Residency and Filing Requirements
-Child must have the same principal
place of abode as the taxpayer for
more than one half of the tax year
Eliminates Gross Income Test
-Gross income test does not apply to a
qualifying child
Support Test
-Qualifying child must not have contributed more than half
of his or her own support.

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3
Q

SUPORT (QR qualifying relative)

Support test
Under a specific amount of (taxable) gross income test
Precludes dependent filing a joint tax return test
Only citizens (residents of US/Canada/Mexico) test
Relative test
Taxpayer live with individual for whole year test

A

Support Test
-Taxpayer must have supplied more than one half of the
support of a person in order to claim him or her as a
qualifying relative.
Under Gross Income Limitation
-A person may not be claimed as a qualifying relative unless
the qualifying relative’s gross income is less than $4,700.
Precludes Dependent Filing a Joint Return
-A taxpayer does not meet the definition of qualifying
relative if the taxpayer is a married dependent who files a
joint return, unless there is no tax liability on the couple’s
joint return and there would not have been any tax liability
on either spouse’s tax return if they had filed separately.
Only Citizens of the US or Residents of the US, Mexico or Canada
-The qualifying relative must be either a citizen of the US or
a resident of the US, Mexico or Canada.
Relative
-Only foster parents and cousins are not considered to be
relatives.
Taxpayer Lives With the Individual for the Whole Year

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4
Q

Deductible Alimony

A

-Payment must be in cash or its equivalent.
-Payments cannot extend beyond the death of the payee-spouse.
-Payments must be legally required pursuant to a written divorce (or separation) agreement.
-Payments cannot be made to members of the same household.
-Payments must not be designated as anything other than alimony.
-The spouses may not file a joint tax return.

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5
Q

HIM DEAD mnemonic

A

Home Buyer $10,000 max if used toward first home
Insurance (medical)
Medical expenses in excess of percentage of AGI floor

Disability
Education
Adoption or birth of child made within one year
Death

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6
Q

Charitable Contributions- 60% AGI
Capital Gain Property (stock and land)- 30% AGI (5 year carryforward)
Casualty Loss- Less ($100) and 10% of AGI
Deductible Medical Expenses- Amount exceeding 7.5% of AGI

A
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7
Q

A loss on the sale of a personal-use asset is a nondeductible loss

A
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8
Q

Capital loss deduction for an individual is limited to $3,000 per year and remainder carried forward indefinitely

A
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9
Q

Net capital loss deduction for a corporation can be carried back 3 years and forward 5 years

A
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10
Q

MACRS 5 year property includes

A

Automobiles
Light Trucks
Computers
Typewriters
Copiers
Duplicating Equipment

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11
Q

Intangible assets are amortized over 180 months with use of the full month convention upon acquisition

A
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12
Q

Acquisitions of goodwill, covenants not-to-compete, franchises, trademarks, and trade names must be amortized on a straight-line basis over a 15-year period (180 months) beginning with the month of acquisition.

A
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13
Q

Section 179 election to dispense certain depreciable business assets, the taxpayer may expense the cost of qualifying depreciable property up to $1,160,000 in 2023.

A
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14
Q

C Corporations are allowed a maximum charitable donation of 10% of taxable income before allowing the following deductions:

-Any charitable contribution
-Dividends received deduction
-Any net operating loss carryback
-Any net capital loss carryback

A
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15
Q

Organizational costs are amortizable over a 15 year period
-a $5,000 deduction is allowed in year 1.
-Remainder is divided by 180 (months) then added to the $5,000

A
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16
Q

Dividends-received deductions is 50% of dividends received if under 20% owned
-65% if owning 20%+

A
17
Q

Business gifts are deductible up to a $25 max

A
18
Q

In order to use a corporate dividends received deduction the investor must own for more than 45 days

A
19
Q

Eligible S Corporation shareholders must be individuals, estates or certain types of trusts.

A
20
Q

Fines & Penalties

Tax Return Preparer fails to sign: $60 (Max $30,000)

A
21
Q

Elements that make a case for negligence against a CPA:

1.The defendant owed a duty of care to the plaintiff (duty of care)
2. The defendant breached that duty by failing to act with due care (breach)
3. The breach of duty was the actual and proximate cause of the plaintiffs loss (casualty)
4. The plaintiff suffered damages (injury)

A
22
Q

Common law fraud requires proof of five elements:
1. A misrepresentation of material fact
2. Intent to deceive (scienter)
3. Actual and justifiable reliance by the plaintiff on the misrepresentation
4. An intent (also known as scienter) by the defendant to induce the plaintiff’s reliance on the misrepresentation
5. Damages

A
23
Q

An accountant is prohibited from showing the workpapers to anyone without the client’s permission, except:

  1. Lawful subpoena.
  2. Prospective purchasers, as long as the prospective purchasers do not disclose the confidential information.
  3. Quality control panel.
  4. AICPA/State Trial Board.
  5. Court proceedings.
  6. When GAAP requires disclosure of such information in the financial statements.
A
24
Q

Educator Expenses
Eligible educators can deduct up to $300 of qualified expenses paid.

A
25
Q

Individual IRA contributions
Unmarried and under 50- $6,500 or earned income
over 50- $7,500 or earned income

Married and under 50- $13,000 or earned income
over 50- $15,000 or earned income

A
26
Q

Scienter = Intent to deceive

A
27
Q

S Corporations
-Debt does not tie to capital

A
28
Q

C Corporations
-Losses are carried back 3 years and forward 5 years

A
29
Q

Ultramares Rule:
Limits accountant liability for negligence to:
-Parties in privity
-Intended third party benificiaries
-Parties who are merely “foreseen”
cannot recover

A
30
Q

Rule: Capital assets include property (real and personal) held by the taxpayer for investment, such as:

-Personal automobile of the taxpayer
-Furniture and fixtures in the home of the taxpayer
-Stocks and securities of all types (except those held by dealers)
-Personal property of a taxpayer not used in a trade or business
-Real property not used in a trade or business
-Interest in a partnership
-Goodwill of a corporation
-Copyrights, literary, musical, or artistic compositions purchased
-Other assets held for investment

A
31
Q

Bankruptcy

Chapter 7- Liquidation (no hope)
Chapter 9- Municipal Debt Adjustment
Chapter 11- Debt Reorganization (For businesses)
Chapter 13- For adjustment of debts of individuals with regular income (For Individuals)

Farmers and nonprofit charities can not be petitioned involuntarily into bankruptcy
Involuntary can happen when a debtor owes $18,600+

A
32
Q

MACRS Property Class
● Five-year class:
○ Computers, printers, copy machines, vehicles, etc.
● Seven-year class:
○ Office furniture and fixtures, desks, chairs, etc.
● 15-year class:
○ Leasehold improvements, land improvements,
fencing, landscaping, etc.
● 27.5-year: Residential rental property
● 39-year: Nonresidential real property (business
buildings)

A
33
Q

NOL Carryforward Rules
-NOL can offset only 80% of taxable income

NOL - $100,000
Taxable Income- $100,000
After deducting $80,000 carry the other $20,000 forward

A
34
Q

Duties of an Agent
1. Duty of Loyalty
2. Duty of Obedience
3. Duty of Care and Skill
4. Duty to Inform
5. Duty of Accounting
6. Duty of Good Conduct

A
35
Q

Liabilities of an Agent
-Contractual Liability
-Tort Liability
-Liability for Breach of Duty
-Criminal Liability
-Liability for Misrepresentation
-Liability for Negligence

A
36
Q

Duties of Principals
-Duty to Compensate
-Duty to Reimburse
-Duty to Indemnify
-Duty to Cooperate
-Duty to Provide Safe Working Conditions

A
37
Q

Liabilities of Principals
-Contractual Liability
-Liability for Agent’s Torts
-Liability for Failure to Perform
-Direct Liability
-Liability for Agent’s Misrepresentation
-Liability for Wrongful Termination

A
38
Q

Social Security Tax: 6.2%
Medicare: 1.45%

Employers must contribute an equal amount for a total of 15.3% (7.65%+7.65%)

A