REG Flashcards

1
Q

Qualified surviving spouse

A

-The taxpayer’s spouse died in one of the two pervious years and the taxpayer didn’t marry in the current year
-The taxpayer has a child who can be claimed as dependent
-The child lived in the taxpayer’s home for all of the current year
-The taxpayer paid over half of the living expenses for the child
-The taxpayer could have filed a joint return in the year the spouse died

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2
Q

Qualified Business Income (QBI)

A

Is taken from adjusted gross income (“below the line”). It is not part of the itemized deductions

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3
Q

If the spouse dies in the current year

A

The surviving spouse is considered to be married for the entire current year

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4
Q

Individuals

A

Are required to have a calendar year end

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5
Q

Head of household

A

can only be elected if the taxpayer is legally separated at year-end and live apart from the spouse for six months

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6
Q

If more than two year have passed since the spouse has died

A

The taxpayer can no longer file as a qualified surviving spouse

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7
Q

Head of household

A

can be used when the taxpayer maintains more than half of the upkeep on another person’s principal residence for the ENTIRE tax year. The taxpayer is not required to live with the individual

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8
Q

Social security benefits

A

are not included in gross income for purposes of the qualifying relative gross income test

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9
Q

Interest earned on a refund

A

Is taxable

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10
Q

Child support funds qualification

A
  • A specific amount is fixed or is contingent on the child’s status (reaching a certain age)
  • It is paid solely for the support of minor children
  • Payable by decree, instrument, or agreement

Note that for all divorce or separation agreements executed after 12/31/2018, the alimony is neither taxable to the recipient or deductible by the payor

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11
Q

Awards can be excluded from gross income when

A
  • The taxpayer was selected for the award without entering the contest
  • The award is paid to a governmental or charitable organization
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12
Q

Cash basis taxpayers

A

Should report gross income for the year in which the income is either actually or constructively received, whether in cash or property

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13
Q

Group term life insurance premiums paid by an employer

A

Are excludable from gross income up to $50,000. The first $50,000 is nontaxable, then the rest is

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14
Q

A trip for meeting sales goals

A

Would be included in an employees gross income

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15
Q

Gross income

A

Does not include inheritances. It does include treasure troves and employee achievement awards

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16
Q

Noncash income

A

The amount of income to be reported is the FMV of the property or services received

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17
Q

Even if a company car is provided to a spouse and the employee doesn’t use it

A

It’s still considered a taxable fringe benefit for the employee and not for the spouse

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18
Q

Moving expenses

A

Are only deductible by armed forces personnel who are moving pursuant to a military order

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19
Q

Employer contributions to a traditional defined contribution retirement plan, and earnings on those amounts contributed

A

Are not taxable income to the employee until distributed

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20
Q

Interest earned on Series EE bonds issued after 1989

A

May qualify for exclusion from gross income if the interest is used to pay tuition and fees for the taxpayer, spouse, or dependent enrolled in higher education. The interest exclusion is reduced by qualified scholarships that are exempt from tax and other nontaxable payments received for education expenses. The purchaser of the bonds must be the sole owner of the bonds.

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21
Q

Interest on state government obligations

A

Is not taxable

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22
Q

Interest income from muni bonds

A

Is not taxable

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23
Q

If common stock is received for services rendered

A

The FMV of those shares is recognized as income and dividend income on those shares of stock is also recognized as income

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24
Q

Under the tax benefit rule

A

an itemized deduction recovered in a subsequent year is included in income in the year recovered. Only the amount of the benefit, not the entire refund, is included in taxable income for the current year

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25
Q

Misc. items that aren’t included in income

A
  • Rental value of parsonages (furnished by churches and synagogues) is excluded from the AGI of the minister
  • Compensation for injuries and sickness
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26
Q

Taxes on alimony

A

Includes only payments received in cash (must be settled before 12/31/2018)

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27
Q

Child support and cash from property settlements

A

Are not included in gross income of the receiving spouse

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28
Q

Money received for child support and alimony - allocation

A

The money received must first be used to satisfy the child support category for the given time period, the remaining money is then applied to alimony, which is taxable if the divorced was finalized prior to 12/31/2018

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29
Q

Marginal tax rate should be used

A

When receiving a distribution from a traditional IRA. There will also be a 10% penalty assessed if the taxpayer is over 59.5 years old

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30
Q

For a cash and accrual basis taxpayer

A

Gain or loss on a sale of stock occurs when the trade date

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31
Q

Rules for alimony deductions for divorces executed on or before 12/31/2018

A
  • Payments must be in cash or cash equivalents
  • Payments cannot extend beyond the death of the payee-spouse
  • Payments must ne legally required pursuant to an 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 return
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32
Q

Taxes on annuity (and life insurance) distributions

A

To calculate the nontaxable portion (nontaxable return on capital): Initial investment/years

Anything over this amount is taxable

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33
Q

Taxes on social security benefits

A

Depends on the income of the benefit holder. The maximum amount of taxable Social Security benefits is 85% if the total benefit received. The amount depends on whether modified AGI ( AGI plus tax-exempt interest plus 50% of the SS benefit) is greater than a threshold amount. For higher income taxpayers with a modified AGI of more than 24,000, up to 85% of the SS benefits received during the year are taxable

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34
Q

Unemployment compensation

A

Is included in taxable income

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35
Q

Tax returns for a dead person

A

Are due the next year

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36
Q

Interest income received after death

A

Are taxable to the estate, not the individual

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37
Q

Damages awarded as a result of physical personal injury

A

Are not taxable

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38
Q

Misc. items included in gross income

A
  • Payment to a part-time student for teaching services provided
  • Payment to a degree candidate for participation in a university-sponsored research project
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39
Q

If vacation time is used on a business trip

A

The airfare isn’t deductible, even if business activities were involved part of the time

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40
Q

Consideration for cancelling a lease

A

Is considered rental income

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41
Q

A partnership generates net ordinary business income or loss

A

And passes each partner’s distributive share through on Schedule k-1

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42
Q

Net self employment income

A

Gross income - license fees - marketing expenses

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43
Q

Salaries paid to yourself as a business owner

A

Are considered draws and are not factored into gross income

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44
Q

Total self employment income

A

Gross business receipts - Business expenses

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45
Q

1040 schedule c, profit or loss from business

A

Personal expenses are not allowed as deductions on schedule c. Schedule c items should only be related to the operation of the business itself

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46
Q

Business expenses

A

Do not include investment expenses

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47
Q

Business meals

A

Are only 50% deductible on form 1040 C

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48
Q

State income taxes for businesses

A

Are not deducted on schedule C. They are an itemized deduction

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49
Q

Bad debt allowance

A

Is a direct write off only for accrual basis taxpayers

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50
Q

Prepaid interest

A

Is deductible, and must be prorated over the life of the loan

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51
Q

If a residence is rented for less than 15 days of the year

A

No rental income needs to be reported

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52
Q

Shareholder distributions

A

Are not taxable if they don’t exceed the basis of the corporation

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53
Q

Each shareholder in an S corp

A

Must report their share of the S corp’s profits in their gross income

The income is passed through to the shareholder whether or not it was actually distributed

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54
Q

Partnership ordinary income

A

Ordinary income x 50%

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55
Q

A partner

A

Is not considered an employee. They receive guaranteed payments on form K-1. This income is subject to the self employment tax

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56
Q

Taxable vs. Nontaxable Events

A

Taxable = FMV for income and basis
Nontaxable = none for income and NBV for basis

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57
Q

In order to be a taxable gain

A

The gain must be recognizable and realizable

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58
Q

Bargain purchases

A

The difference is income to the employee

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59
Q

Net income for partnerships

A

Gross income
- guaranteed partner payments (nothing withheld)
= net income

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60
Q

Life insurance

A

Premiums above the first $50,000 are taxable

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61
Q

1040 Schedule B

A

Is for stocks and bonds, and for interest

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62
Q

Interest items that aren’t taxable

A

Interest on state and local bonds
Mutual fund dividends for funds invested in tax free bonds
Bonds of a US possession
Interest on US EE bonds after 1989 (higher education) for bond holders making under 100k

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63
Q

Types of distributions and tax results

A

From corporate earnings and profits - Taxable dividend
If there are no earnings or profits but the taxpayer has basis in stock (return on your capital) - Nontaxable reduced basis of stock
If there are no earnings or profits and the taxpayer has no basis (earnings in excess of your capital) - taxable capital gain

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64
Q

Stock dividends vs cash

A

Stock dividends are generally not taxable, unless cash could also be given

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65
Q

1040 Schedule D - Capital gains and losses formula

A

Amount earned
- Basis
= Gain or loss

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66
Q

Traditional (Deductible) IRA distributions

A

Are taxed as ordinary income

Required minimum distributions start at 73

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67
Q

Nondeductible traditional IRAs

A

The principle portion (contributions) isn’t taxed, but earnings are taxable as ordinary income when withdrawn

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68
Q

Roth IRAs

A

Are never taxable. Minimum distributions start at 59.5 years old

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69
Q

Rental income formula - Reported on 1040 schedule E

A

Rental income
- Total rental apartment expenses
= Net amount

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70
Q

Unemployment compensation

A

Is taxable

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71
Q

Modified AGI (MAGI) - AEIOU

A

Foreign income and housing
Interest income from EE bonds
Any deduction claimed for student loan interest
Any employer paid adoption expenses that were excluded
Any deduction claimed for an annual contribution to a traditional IRA

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72
Q

Gambling losses

A
  • Are deductible on schedule A as an itemized deduction
  • Gambling losses can only be deducted to the extent of gambling winnings
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73
Q

Cancellation of debt

A

Is taxable except for certain circumstances

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74
Q

1040 schedule C (company)

A

Net income from self employment is reported as one net amount

Gross business income (cash, property received in lieu of cash, cancelled debt)
- business expenses (COGS, salaries paid, state and local tax, office expenses, auto expenses, business meals (50%), depreciation of business assets (IBM), we benefits, legal and professional fees, bad debts if accrual basis is used), interest on business loans)
= Profit or loss, Net income (an adjustment to income is allowed for one half of SE taxes: Medicare plus SS paid. This is because as a sole prop you pay the business tax. All self-employment income is subject to the 2.9% Medicare tax. Up to 168k is subject to 12.4% SS tax, adding up to 15.3% self employment tax)

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75
Q

Easy self employment tax calculation

A

Earnings * 92.35% = a
a * 15.3% = self employment tax

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76
Q

Business losses

A

Go against income

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77
Q

Three of five presumption

A

If an activity is profitable for three out of five years, the activity is presumed to be an activity engaged in for profit

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78
Q

Rental activity, 1040 schedule e (easy money)

A

Gross rental income
Prepaid rental income
Rent cancellation payment
Improvement in lieu of rent
- rental expense
= Net rental income or loss

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79
Q

Exclusively rented properties - losses

A

Are considered passive and only go against passive income

A maximum loss of $25,000 can be deducted against passive income. The rest can be carried forward

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80
Q

Types of flow through entities

A

Partnership
S Corps
LLC’s taxed as partnerships or S corps

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81
Q

Basis - Partnership

A

Beginning capital account
% income
- % loss
- distributions
= Ending capital account
% partnership liabilities
= Ending tax basis

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82
Q

Basis - S Corp

A

Beginning stock basis
% income
- % losses
- distributions
= Ending stock basis
Shareholder loan to S corp
= Ending tax basis

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83
Q

Tax basis loss limitation

A

A loss can only flow through to the individual and deducted to the extent of the owners tax basis

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84
Q

Adjustment to AGI - above the line deductions

A

Educator expenses
Traditional IRA deduction
Student Loan interest deduction - limited to $2,500. Phased out at 80k single or 165k MFJ
HSA account deduction
Moving expenses for Military - started in 2017
Deductible portion of self employment tax
Self employment health insurance deduction
Deductions for contributions to certain self employment retirement plans
Penalty on early savings accounts
Alimony paid (only for divorces before 12/31/18)
Attorney fees paid in certain discrimination and whistleblower cases

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85
Q

IRA’s

A

Annual maximum contributions to IRA’s is limited to the lesser of:

Before age 50:
Unmarried - $7,000 or earned income
Married - $14,000 or earned income

Age 50+:
Unmarried - $8,000 or earned income
Married - $16,000 or earned income

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86
Q

Deductible traditional IRA’s

A

Can’t be deducted by those who earn too much or have a pension

Minimum distributions are required beginning at age 73

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87
Q

Roth IRAs

A

Can’t be used by those earning 146k - unmarried, and 230k - married

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88
Q

Capital losses in excess of capital gains

A

Are deducted up (up to $3k) on form 1040 before the calculation of AGI

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89
Q

SEP IRA Deduction formula

A

Net self employment income
- 50% of SE taxes
= Self employment earnings before SEP IRA
* 20%
= Calculated SEP IRA deduction

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90
Q

Itemized deductions: Medical Expense

A

For dependents in this instance, we don’t care about them failing the income test.
Note that most taxpayers are cash basis, meaning in order to be tax deductible the item must have been incurred and paid during the year.

Calculation:
Qualified medical expenses
- insurance reimbursement
= Qualified medical expenses
- 7.5% of AGI
= Deductible medical expenses

Allowable items:
Medicine and prescriptions
Doctors
Medical insurance premiums you pay
Medically necessary surgery
Transportation to the facility
Physically disabled costs - reduced by any increase in value of the home

Note that elective surgeries are not deductable, neither are vitamins or funerals

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91
Q

Spousal deductions

A

One spouse can’t take the standard deduction while the other itemizes

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92
Q

Itemized deductions: taxes

A

State local and foreign taxes are generally deductible.
Itemized deductions for SALT taxes, property taxes, and sales taxes are limited to $10k.
Foreign real estate property taxes, other than those incurred as a trade or business, are not deductible.

Real estate taxes:
Taxpayers must be legally obligated to pay.
Taxes are prorated in the year of sale or purchase.
Taxes paid under protest are deductible.
Taxes paid in escrow are deductible when paid to the authority.
Taxes on land held for appreciation (business) may be capitalized or deducted at the option of the taxpayer
Anything business related goes on schedule C

Personal property taxes:
To be deductible, the tax must be based on the value of the personal property and paid during the tax year.

Income taxes (state, local, federal)
Estimated taxes paid during the year are deductible.
Assessments for a prior years tax that are paid in the current year are deductible

Sales taxes:
A taxpayer must elect to deduct income taxes OR sales taxes.
The amount is determined by the amount of actual general sales taxes paid or the relevant IRS table, plus any amount paid for a vehicle boat or other approved items
Note a tax benefit rule applies here. If you would’ve gotten more back item itemizing sales taxes, it counts as income

Nondeductible taxes:
Federal taxes inheritance taxes for states
Business taxes on schedule c
Rental property taxes on schedule e

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93
Q

Itemized deductions: losses

A

$100 floor for each casualty event
The aggregate of these losses is over 10% of AGI
Losses are only deductible if sustained in a presidentially declared disaster area where the assets aren’t insured.
The amount of the deductible loss is it’s FMV immediately after the incident

Formula:
Smaller Loss of lost cost/adjusted basis or decrease in FMV
- insurance recovery
= Taxpayers loss
- $100
= Eligible loss
- 10% of AGI
= Deductible loss

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94
Q

Itemized deductions: interest expenses

A

Home mortgage interest:
Deductions are allowed for first and second homes (must be used for 14 days).
Mortgage on a business building goes on schedule C
mortgage on a rental property goes on schedule E
Interest on debt up to 750k is considered mortgage interest otherwise it’s personal

Investment interest:
Investment interest deduction for individuals is limited to net taxable investment income

Excess of investment interest paid over the allowed investment interest deduction can be carried forward forever

Personal interest is not deductible

Prepaid interest:
Must be allocated over the period of the loan, even for a cash basis taxpayer.
Deducted when incurred and paid
Prepaid interest received is income

Educational loan income:
The adjustment is limited to 2,500
Anything over is considered personal and not itemized

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95
Q

Itemized deductions: charitable contributions

A

Note gifts to individuals and political contributions are not deductible

Amount:
Cash given
FMV of property given
If it’s an ordinary income property (inventory, short term assets, depreciation recapture), it’s the lesser of the basis or FMV.
Note long term capital gains are deductible.

AGI limitations on deductions:
Cash - 60% of AGI to public charities and operations 30% to private nonoperating foundations
Ordinary income property - 50% of AGI to public charities and operations 30% of AGI to nonoperating
LTCG property - 30% of AGI to public charities and operations, 20% of AGI to nonoperating foundations

Carryover is permitted

Consideration for contribution:
Taxpayers may only deduct the excess contribution over the consideration received. Contributions received over $75 prompt the organization to give a statement to the donor indicating the deductible amount

Contributions for services aren’t deductible. Out of pocket expenses related to it are though

Students living abroad:
$50 a month is deductible

Records must be kept for all of this.
For contributions over 500, the taxpayer must fill out form 8283
For something over 5,000 an appraisal is required, except stock

96
Q

Private operating vs private nonoperating foundations

A

Private operating - conducts charitable activities and distributes funds to it’s own programs

Private nonoperating - distributes funds to other programs

97
Q

Itemized deductions vs. adjustments

A

Itemized deductions are a deduction from AGI itself

Adjustments are made to arrive at AGI

98
Q

If lack of dependency due to the income limitation is the only reason someone can’t be claimed

A

You can still deduct their medical expenses if you paid them

99
Q

Top five income items for individuals to arrive at AGI

A
  1. Wages, salaries and tips (use box 1 of W-2)
  2. Interest income (1099-B)
  3. Total Ordinary Dividend income (1099-B)
  4. Capital gain (loss) (1099-B, Proceeds minus cost or other basis)
  5. Other income (for gambling winnings, report the amount. The losses are backed out below the line to the extent of the winnings)
100
Q

Real estate taxes

A

Maximum deduction is 10k

101
Q

Mortgage interest

A

Can’t be deducted after the total amount outstanding on your mortgages exceeds 750k

102
Q

You can’t deduct losses on personal transactions

A

An example would be selling a used car for less than you bought it

103
Q

QBI deduction on 199A

A

20% deduction for eligible flow through entities (S corps, partnerships, LLC, trusts)

Below the line, from AGI

Deduction given to business owners

104
Q

QTB vs SSTB: QBI deduction

A

SSTB: specified service trade or business (health, law, accounting, athletics)

QTB: anything other than an STTB

105
Q

Calculating QBI: Overview

A

Maximum deduction: QBI x 20%

Limitations:
Taxpayers total taxable income before the QBI deduction
Whether the flow through is an SSTB or QTB

Categories:
Under beginning threshold: QTB and SSTBs are the same
Over ending threshold: QTB is calculated and SSTB isn’t allowed
In between thresholds (192k-242k single) (384k-484k MFJ): Don’t need to worry about calculating

106
Q

Calculating QBI for category 1 (under the threshold)

A
  1. QBI x 20%
  2. Calculate overall limit ((TI before QBI deduction - cap gains) x 20%
  3. Choose lesser of 1 and 2
107
Q

Calculating QBI for category 2 (above the income threshold)

A
  1. Determine if SSTB (nothing needed, $0) or QTB (proceed to step 2)
  2. Calculate tentative QBI deduction (QBI x 20%)
  3. Calculate full W2 wage and property limitations. Take the GREATER of: W-2 wages x 50% OR (W-2 wages x 25%) + (UBIA x 2.5%)
  4. Take the lesser of step 2 or 3
  5. Calculate overall limit: Taxable income before the QBI deduction x 20%
  6. Choose the lesser of step 4 or 5
108
Q

Two types of tax credits

A

Nonrefundable personal tax credits - reduce tax, no refund. Includes the child and dependent credit, elderly and permanently disabled credit, education credits, retirement contribution credit, foreign tax credit, general business credit and adoption credit

Refundable credit - reduce taxes, create a refund. Includes child tax credit, earned income credit, federal income tax withheld, excessive SS paid

109
Q

Child dependent care credit

A

20-35% of work related expenses to care for qualifying persons. 3,000 for one and 6,000 for two x the percentage based on income

Both parents must be working. Child must be under 13 unless disabled

The credit decreases by 1% for every 15,000 of AGI

110
Q

American Opportunity Tax Credit

A

Qualified expenses include tuition and fees, and course materials

Applies to the first four years of college education at an eligible institution.

Max is 2.5k

Credit is phased out when MAGI exceeds $90k, starts at $80k.

40% of the credit is refundable (up to 1k)

111
Q

Lifetime learning credit

A

Available to be claimed for one person

20% of qualified expenses up to 10k

Fully phased out at 90k

112
Q

Coverdell education savings account

A

Contributions are non-deductible, and maximum contribution per beneficiary is 2k annually.

Each beneficiary has a separate account (includes grandchildren).

Maximum contribution is phased out and earnings accumulate tax free.

Distributions are tax free as long as they are used for education. Can be used at any education level

Any amounts left over once the beneficiary reaches 30 years are required to be distributed and taxed. It can be rolled over though.

113
Q

Elderly or disabled credit

A

Eligible for people over 65 or under 65 and permanently disabled.

15% of eligible income

5k for single and 7.5k MFJ

Eligible income is reduced by: SS payments and other excludable pensions or annuities received by the taxpayer and one half of the taxpayers AGI that exceeds the credit amount

Summary of calc:

Credit base amount based on filing status
Less: all SS payments
Less: (AGI - credit base) x 50%
Times: 15%

114
Q

Adoption credit

A

Indexed every year (currently around 16k)

Credit is non refundable- can be used to reduce tax liability but nothing more.

Can be carried forward 5 years

Phased out starting at 252k MAGI

Medical expenses don’t qualify as adoption expenses

Claimed for years after the payment is made until the adoption is final. Eg. Expenses made in prior years only count when the adoption is finalized.

115
Q

Savers credit

A

If you have a low enough income and still contribute to a IRA plan, their government helps out by giving you a credit

Must be at least 18, not a full time student, not a dependent. 10, 20, or 50%

Maximum contribution is 2k

Credit amount is 2k x applicable rate

116
Q

Foreign tax credit

A

No limit on foreign taxes as a deduction.

Foreign tax credits are limited to the lesser of foreign taxes paid or a formula

Carry back one year, or carry forward 10.

117
Q

General business credit

A

Calculating the credit

Tax liability up to 25k is 100%
Anything over 25k is 75%

Total is the max credit permitted

Carried back one year, carried forward 20

118
Q

Work opportunity credit

A

Available to employers who hire employees from a targeted group.

Credit is 40% of first 6k of first years wages

Qualified: disabled, 18 to 24 year olds from poor families, Vietnam vets, food stamp recipients

119
Q

Small business retirement plan start up credit

A

No more than 100 employees who received at least 5k compensation

At least one plan participant is a non highly compensated employee

Expenses include costs to start the plan and EE education regarding the plan

Credit is the greater of 100% of the first 1k start up costs with 50 or fewer employees or the lesser of $250 for each non highly compensated EE or $5k

120
Q

Small business health care credit

A

Credit of up to 50% of the employers costs of plan premiums

Excludes owners who own up to 2% or stockholders own more than 5%.

If expenses were used to qualify for the credit, they can’t be used as tax deductions as employee benefits expense

121
Q

Clean vehicle credit

A

Max credit of 7.5k for new vehicle l

Max credit of 4k for pre-owned vehicles placed into service after 2022

Both are subject to AGI limitations

122
Q

Child tax credit

A

2k for each qualifying child
Under the age of 17
Phase out is based on AGI

500 for non children

123
Q

Earned income credit

A

To be eligible:
Must be between 25-65
Income must be wages and tips.
Phased out quickly (30k MFJ)

Cannot claim if investment income is over 11.6k

124
Q

Excess FICA

A

Excess social security tax withheld is treated as additional tax payments withheld.

Must be from multiple employers

125
Q

Premium tax credit

A

Must be purchased on the health insurance marketplace within AGI limits (Obamacare)

126
Q

Safe harbor estimated taxes

A

90% of this years tax liability or 100% of last year’s taxable amount, both in four equal installments

If the taxpayer had AGI in excess of $150k, then 110% is used

127
Q

Tax withholdings

A

Are treated as estimated taxes.

If determined that the withholding won’t be enough, excess withholdings at the end of the year is ok

128
Q

Self employed tax

A

Represents both employee and employer piece (15.3%)

100% of the self employment tax is collected as an “Other Tax” in the other taxes section of the 1040

Note a 50% adjustment is required to arrive at AGI

129
Q

Additional Medicare tax

A

.9% is imposed on wages of 250k (MFJ) and 200k for all other taxpayers

130
Q

Net income investment tax

A

Application of a 3.8% tax of the lesser of 1) the taxpayers net investment income or 2) the excess of MAGI over a threshold amount. Imposed on those making $200k or $250k MFJ

Generally imposed on interest, dividends and capital gains, rental and royalty income, trading

131
Q

Kiddie tax

A

Net unearned income of a dependent child under 18 years old is taxed at the parents rate (under 24 if in college). Also applies to full time student ages

Net unearned income =
The child’s unearned income
Less: $2,600

Only hits when $2,600 is exceeded

132
Q

When property is purchased

A

The basis is the price paid plus capital improvements. This is called an initial basis

133
Q

Real property vs personal property

A

Real - land and all items affixed to the land

Personal - machinery, equipment, trucks, etc.

134
Q

Holding period

A

Starts when purchased. Helps determine short vs long term capital gain

135
Q

Depreciation expense

A

Is tax deductible

136
Q

Adjusted basis

A

Means the same as NBV

137
Q

Fair market value

A

If property is given instead of cash for services provided, FMV is used to calculate the tax. FMV is also the basis

138
Q

Nontaxable transactions

A

Use net book value as the basis

139
Q

Basis spreading adjustment

A

The receipt of a nontaxable stock dividend results in basis spreading. Spread the amount paid for the shares initially across all shares held. This is the new basis per share

140
Q

Gifted property

A

Donee never has to pay tax on the gift

Donor might have to depending on gift size

141
Q

Donee’s tax basis on gifted property

A

The donors basis becomes the donee’s basis

Usually NBV

If the gift is sold, a gain or loss is recognized using the basis

Exception:
When the FMV at the date of the gift is greater than the donors NBV, we won’t know the donee’s basis until the gifted property is sold

142
Q

Gifted property basis exceptions: when the donor is upside down

A

Scenario 1: sales price is greater than the donors basis (NBV)
Use NBV as the basis. Gain recognized

Scenario 2: sales price is less than the FMV
Use FMV as the basis. Loss is recognized.

Scenario 3: sales price is between NBV and FMV.
Use the sale amount as the basis. No gain or loss recognized

143
Q

Gifted basis for depreciation

A

Lesser of the donors NBV or the FMV on the date of the gift

144
Q

Long term vs short term gains

A

Long term held property (greater than 1 year) - pay tax at capital gain rates

Short term held property (1 year or less) - pay tax at ordinary income level, which is higher than the capital gain rates

145
Q

If the donee sells the gifted property for more than the NBV

A

The donee will use the donors holding period

146
Q

If the donee sells the gift for less than FMV

A

The holding period begins at the date of the gift

147
Q

If the sale price falls between the NBV and FMV

A

Not relevant, there’s not a gain or loss

148
Q

Basis for inherited property

A

FMV at the date of death usually. This is good because: sales price - FMV will result in a lower gain

149
Q

Alternate valuation date

A

If elected, the basis of the asset is the FMV at the earlier of:
Distribution date of the asset or 6 months after the death

150
Q

Holding period for inherited property

A

Automatically considered to be long term property, regardless of how long it’s been held

151
Q

Expense vs capitalize

A

If useful life is greater than one year, capitalize with some exceptions

152
Q

De minimis safe harbor rule

A

Businesses can follow a policy to immediately expense low-cost personal property items. They must have audited financials to deduct an items cost up to 5k. if no AFS, only 2.5k is expenses.

If the cost is greater than the threshold, it must be capitalized

153
Q

Property converted from business

A

If converted, the basis for depreciation is similar to calculating gift basis:

Use the lesser of the original cost basis (adjusted for improvements) or the FMV at the conversion date

154
Q

Tax basis for gain/loss purposes

A

Tax basis is different than depreciation basis

To determine gain or loss on sale, compare the sales price to the adjusted basis at the date of the sale, which is the original cost basis less any depreciation taken

If gain: tax basis = adjusted basis
If loss: tax basis = lesser of adjusted basis or FMV, then reduce by any depreciation deductions taken after the conversion to business use

155
Q

Basis: intangible property

A

Section 197: purchased intangibles

Examples include goodwill, franchise fees, etc.

156
Q

Research and Development costs

A

Must be immediately capitalized and amortized

Any unamortized costs remaining after a patent is earned is added to the basis of the intangible

157
Q

Parents and copyrights

A

Initial basis of the parents and copyrights that are purchased directly is the purchase price

158
Q

Organization and startup costs

A

Taxpayers are allowed to immediately expense the first 5,000. This 5,000 is reduced dollar for dollar though, when the total costs exceed 50,000

15 year useful life

Legal fees, accounting fees, etc.

Don’t include equity-added costs like stocks or partnership interests and transferring assets to the corporation

159
Q

Gain or loss calc

A

Sales price - adjusted basis

160
Q

Amount realized

A

Money received, cancellation of debt (boot), FMV of property, less selling expenses

161
Q

Adjusted basis

A

Purchase = cost
Gift = rollover or FMV
Inheritance = stepup to FMV

162
Q

Character of gain or loss

A

Classification depends on how it was used by the taxpayer

Capital assets: investments, personal use. Taxed as a capital gain on disposal

Noncapital assets: anything used in business like inventory or AR. Taxed as ordinary income or loss

163
Q

Collectibles and qualified small business stock: 28% rate group

A

Long term gains on sales of collectables

Section 1202 QSBS:
Original issue C corp stock held for more than five years
Allowed to exclude the great of $10M or 10x basis
Any gain in excess is taxed at 28%

164
Q

Net capital loss deduction and loss carryover rules

A

$3k maximum deduction for all per year

If net capital loss is more than $3k, taxpayers can carry it forward forever until exhausted.

Character is maintained. (Short vs long term)

165
Q

Worthless stock

A

Cost or other basis is treated as a capital loss, as if it were sold on the day it went to 0

166
Q

Short sale

A

Stock is valued high but you think it will go down in the future

167
Q

Netting process for individuals

A

Short term ordinary tax rate group, long term 28% tax rate group, and long term cap gains are all netted

1) short term gain or loss is offset from the 28% group
2) offset remaining goes against long term cap gain or loss

168
Q

C corp gain and loss rules

A

Net cap gains: added to ordinary income and taxed at the regular rate
No distinction between short and long term
Corps can’t deduct any net capital losses from ordinary income

Net cap losses:
Carried back three years or forward five years

169
Q

Non-deductible losses

A

Wash sales: exists when a security is sold for a loss and is repurchased within 30 days before or after the sale date. This only applies to losses not gains. Basis is repurchase price of the sale + disallowed loss on wash sale. Acquisition date is considered to be the original purchase date. Oldest shares are sold first

Related party transactions: close family relationship. Not considered “arms length”

Personal losses

170
Q

Depreciation

A

Most common method is MACRS

Deducts more upfront to lower revenue

Basis is reduced annually by allowable depreciation.

Even if depreciation expense is not claimed, basis is lowered every year

171
Q

MACRS personal property

A

5 years: autos, trucks, computers copiers

7 years: furniture and fixtures, machinery, other equipment

Computed using the 200% declining balance method (3, 5, 7, and 10)

Salvage value is ignored under MACRS

Half year convention applies to most personal property. Property is treated having been placed in service or disposed of halfway through the year. Built into the tables.

If property is disposed of before the last year, take full MACRS rate and multiply by 50%

172
Q

MACRS mid quarter convention

A

If more than 40% of personal property is placed into service in the last quarter of the year, the mid quarter convention is used.

Property is treated as having been placed into service or disposed midway through the quarter.

Separate tables that correspond to the appropriate in-service quarter

If the disposal occurs prematurely, the full year MACRS rate must be multiplied by a mid quarter ratio for the mid quarter convention in the year of disposal and multiplied again by 12.5%

173
Q

Macrs Depreciation: real property

A

There is usually more wear and tear on residential property vs. Non residential. As such, it is depreciated more quickly under MACRS

Ignore salve value

Residential property: use straight line depreciation over 27.5 years

Nonresidential property: SL over 39 years

Remove land from the calculation

174
Q

MACRS depreciation: mid-month convention

A

One half month is taken in the month the property is placed in service and when it’s disposed

175
Q

Section 179 depreciation

A

Used for personal property, unless it’s a qualified real property improvement. Must be nonresidential real property.

Maximum annual deduction allowed. Currently 1.22M. Increases annually for inflation.

Dollar for dollar phase out if the purchased property exceeds $3M

Must be acquired from an unrelated party. Limited to taxable income. Cannot be used to create a loss or if you’re operating at a loss.

If the amount of the property is under the maximum allowable amount and phase about amount, the full amount is deductable

176
Q

Bonus depreciation

A

Allows for an additional deduction of qualified property placed service. Qualified property must have a recovery period of 20 or less. Can’t be acquired by a related party

177
Q

Order of deductions

A

First: Section 179 deduction
Amount > 3.05M - 3.05M = a
1.22M - a = 179 dep deduction
Second: Bonus depreciation
Amount - MACRS deduction = a
A * 60% = Bonus dep. Deduction
Third: MACRS
Amount - section 179 deduction - bonus dep deduction = a
a * MACRS table % = MACRS deduction

Total cost recovery deduction is the sum of the three totals

178
Q

Amortization

A

Amortized straight line with a full month convention.

Tax rule - amortized SL over 15 years
GAAP - subject to impairment test

Infinite life intangibles aren’t amortized

179
Q

Amortization: recovery period

A

Section 197: Purchased intangibles

Amortized over 180 months, beginning with the month purchased, regardless of the useful life

180
Q

Capitalized R&D costs

A

5 years for domestic, 15 years for foreign research, beginning with the midpoint of the year in which the costs were incurred. Costs are no longer amortized once the patent is obtained

181
Q

If just the patent or copyright is purchased

A

Amortize the remaining life separately

182
Q

Loan costs

A

Amortize debt issuance costs over the term of the loan

183
Q

Organizational Costs or startup costs amortization

A

Amortize any remaining costs after the 5,000 expense allowance over 180 months, beginning when the business starts

Any time the amount exceeds 50k, a dollar for dollar phase out begins

184
Q

C corp gross income

A

Similar to individuals

Corporate taxation - income is recognized when RECEIVED. this differs from GAAP.

Cash received in advance of accrual GAAP income is taxed, such as:
Interest income received in advance
Rental income received in advance including deposits
Royalties received in advance
These are known as temporary differences.

Some GAAP items are not included in taxable income:
Interest income from state or muni bonds
Certain proceeds from life insurance on key employees, when the corporation is the beneficiary. Anything that exceeds the premiums paid is taxable though.
These are known as permanent differences.

Corporate capital gains are taxed at the same rate as ordinary corporate income.

185
Q

Cash vs accrual

A

Cash basis is used for individuals whose annual gross receipts do not exceed 30 million for the prior three year period. Also used by qualified personal service corporations

Accrual basis is used when:
Accounting for purchases and sales of inventory as long as they exceed 30 million for each of the prior 3 years
Tax shelters
Farming corporations as long as they exceed 30 million of annual gross receipts for the last 3 years
C corps, trusts with unrelated trade or business income, and partnerships where a C corp is a partner, provided the c corp exceeds 30 million of annual gross receipts for the last 3 years

186
Q

Trade or business deductions (ordinary and necessary business expenses)

A

Most are generally deductible.

Expenses must be:
Common in the profession
Related to the production of CY income

Examples:
Reasonable salaries
Rentals
Supplies
Travelling expenses

Executive comp:
Publicly held corps may not deduct more than $1 million in comp for the CEO, CFO, and three other most highly comped officers.

Entertainment expense:
For officers, directors, and shareholders with more than 10%, may be deducted only to the extent that they are included in the individuals gross income

Corporations are allowed to deduct shareholding employee salary expenses to the extent that they are reasonable. If unreasonable, the expense is reclassed as a dividend distribution and taxable to the c corp

187
Q

Bonus accruals

A

Are deductable in the CY if the liability is accurate and it is paid within 2.5 months of YE

188
Q

Bad debt: specific charge off method

A

Accrual basis taxpayers must use the direct write-off method. The allowance method isn’t allowed for tax purposes.

Cash basis taxpayers wouldn’t have included AR in their revenue, so no bad debt write off is allowed to be deducted. Exception: uncollectible check

189
Q

Business interest expense

A

Most interest paid or accrued during the tax year on debt is deductible. If the average gross receipts for the last three taxable years exceeds 30 million, interest expense deduction is limited by the sum of:
Business interest income
30% of ATI
Floor plan financing (debt used to acquire motor vehicles for sale or lease where the debt is secured by inventory)

If your business interest exceeds the threshold amount, it can be carried forward forever.

190
Q

Prepaid interest expense

A

Must be allocated to the period to which it is related

191
Q

Interest expense on debt incurred to purchase “tax free” bonds

A

Is not deductible

192
Q

Charitable contribution deduction

A

Contribution is deductible up to 10% of their taxable income. If it exceeds 10%, the extra can be carried forward for five years

Any accrual must be paid within 3.5 months after YE

193
Q

Charitable contributions, calculation

A

The 10% is calculated before:

The charitable contribution,
The dividends received deduction,
Or any capital loss carryback

194
Q

Business loss or casualty loss related to the business

A

Any loss sustained during the taxable year, and not compensated for via insurance, is deductible.

Loss may be treated as ordinary income or capital loss, dependent on the type of asset.

Treated differently than individuals in a federally declared disaster area.

Two types of damage: partially vs totally destroyed

Partially destroyed:
The loss is limited to the lesser of the change in FMV or the adjusted basis immediately before the casualty (NBV), less insurance proceeds

Fully destroyed:
The amount of the loss is the NBV - insurance proceeds

195
Q

Organizational expense and startup costs

A

Same rules as partnerships

Can elect to deduct up to $5k each.

If it exceeds 50k, the 5k is reduced dollar for dollar, so totally phased out at 55k.

Any excess org costs or startup costs are amortized over 180 months

Excluded costs include costs to raise capital (issue stock)

196
Q

Purchased goodwill: book vs tax

A

Tax - amortized SL over 15 years
GAAP - not amortized, check for impairment

197
Q

Life insurance premiums

A

If the beneficiary is the corp, premiums paid are not deductible.

If the beneficiary is the employee, the employee owns the policy (fringe benefit), the premiums are deductable

198
Q

Business gifts

A

$25 per recipient per year is deductible

199
Q

Business meals

A

50% deductible by the corp

Business entertainment expenses aren’t deductible

200
Q

Penalties

A

Are not deductible

201
Q

Sexual harassment and abuse are not deductible if

A

The settlement or payment is subject to an NDA

202
Q

Taxes paid through the corp

A

State and local taxes and federal payroll taxes are deductible when incurred on property or on income related to business

Federal income taxes aren’t tax deductible

Foreign income taxes may be used as a credit

203
Q

Lobbying and political expenses

A

Are not deductible

204
Q

Capital losses for corps

A

3k deduction is allowed for individuals, but not corporations.

Corporations can only use cap losses to offset cap gains. Leftover losses can be carried back 3 years or forward five years

205
Q

Inventory valuation

A

Certain costs normally expensed must be capitalized when the taxpayer exceeds an average of 30 million over the last 3 years

206
Q

Dividends received deduction

A

Designed to avoid triple taxation.

The amount of avoided tax depends on the dividend income

Also depends on the percentage of the investee corporation owned by the investor corporation

207
Q

Three tiered of DRD

A

0-<20% is a 50% DRD
20-<80% is a 65% DRD
80% or more is a 100% DRD due to consolidation

208
Q

To qualify for the DRD

A

Shareholder must own the stock at least 46 days during a 91 day period

The 91 day period must begin on the date 45 days before the ex-dividend date

209
Q

DRD taxable income limitation

A

Lesser of 50%, 65%, or 100% of the dividends received or the same percentage of taxable income computed without regard to the DRD, NOL carry forward, or cap loss carryback

Exception: doesn’t apply if taking the full DRD results in a loss. Then you’d take the GREATER of the two numbers

210
Q

Entities not available to take the DRD

A

Personal service corps
Personal holding company
S corps

Don’t take it personally

211
Q

100% DRD

A

Affiliated corporations and SBIC’s

212
Q

Schedule M1 and M3 on the 1120

A

M-1: shows book income and all the items in categories. Presents a reconciliation of book income to tax income. Doesn’t distinguish between temporary and permanent differences

M-3: large corporations with assets of $10 million or more are required to use schedule M-3, which is more detailed. Distinguishes between temporary and permanent differences

213
Q

C corp filing requirements

A

1120 due 4.5 months after year end (9/15 for 6/30 year ends)

If the due date falls on a federal holiday, it’s due the next day

Form 7004 allows for a 6 month extension. Not an extension for paying the tax due, just for filing the return. 6/30’s have a 7 month extension

214
Q

Estimated payments for corporate tax

A

Due on 4/15, 6/15, 9/15, and 12/15

Pay one fourth of the estimated tax with each payment

Unequal payments may be made using the annualized income method

An underpayment penalty occurs due to late payments, and when the amount owed in the return is $500 or more

Corporations other than large: taxable income less than 1 million during the last 3 years. Required to pay the lesser of 100% of the tax shown this year or 100% of the tax shown last year. Cannot be used of no tax was owed last year or if business started midyear last year

Large corporations: income of 1 million or more in any of the last 3 years. Must pay 100% of CY tax

215
Q

Flat tax rate and taxable income

A

Taxable income is calculated by:
Gross income
- allowable business expenses
= Taxable income
* 21%
= Amount of tax owed

216
Q

Tax credits

A

General business credit:
Combination of any of the following: investment credit, work opportunity credit, alternative fuels credit, r&d credit, low income housing credit, pension startup credit

Limitation: cannot exceed net income tax less 25% of net regular tax liability above 25k

Can be carried back one year or forward 20 years

217
Q

Foreign tax credit

A

Corp may choose between taking a credit and taking a deduction for taxes paid or accrued. If the company elects the credit they can’t take the deduction

Calculation:
- Determine the foreign income taxes paid or accrued for the tax year.
- Compute the foreign tax credit limitation.
A. World tax income * US tax rate
B. Foreign income/World tax income
C. A * B
- Take lesser of step 1 or 2

Any unused credits can be carried back one year and then forward 10 years

218
Q

Accumulated earnings tax and personal holding company tax (one or the other is paid)

A

Accumulated earnings tax: penalty tax imposed if RE are in excess 250k, and not paid out to high bracket shareholders. Only imposed if they’re improperly retained. Taxed at a 20% rate. Personal service corporations are capped at 150k. Only imposed on c corps. To avoid this, there must be a specific plan on the use of the RE or if there is a need to buyback stock from a deceased shareholder. Just because stock is held by many, doesn’t matter. IRS assessed

Personal holding company tax:
Corporations set up by higher bracket individuals that channel investment income to pay tax at a lower rate. This is legal. More than 50% of the corporation is held by 5 or fewer people and the corporation has 60% of it’s income from net rent, taxable interest, royalties or dividends from domestic companies. Taxed at an additional 20% on net income not distributed to shareholders. Not subject to accumulated earnings tax. Self assessed and filed on 1120 PH.

219
Q

Net operating losses carryback and carry forward rules

A

Same as individuals

  1. NOL prior to 2018:
    Can be carried back two years and forward 20 years. Carry forwards can offset 100% of future taxable income
  2. For 2018, 2019, and 2020
    Can be carried back 5 years and carried forward indefinitely. Carry forwards can offset 100% of the years mentioned. Any further than that, it can only offset 80% of income
  3. For 2021 or later
    Cannot be carried back but can be carried forward indefinitely. Can only offset 80% of income

Charitable contribution deductions can’t be used to make a greater loss. PY NOLs can’t be used to make or increase an NOL

220
Q

Capital losses

A

The 3k deduction for net capital losses for individuals is not available for corps.

Corp capital losses can only be used to offset capital gains

Net capital losses are carried back three years and forward five years.

Carried over as short term losses, and only applied against capital gains

221
Q

S corp eligibility

A

Must be domestic
All shareholders must consent to filing 2553
Can have no more than 100 shareholder
Family members may elect to be shareholder

Corporations and partnerships are not eligible to be shareholders

Charitable organizations and qualified retirement plans can be shareholders

There can be no more than one class of stock. Preferred stock is not allowed

S corp can own shares in a c corp, but can never file a consolidated tax return

An s corp can create a 100% owned sub in which it owns 100% of the stock

222
Q

S corp election

A

Depends on calendar year vs fiscal and existence period

For existing calendar year s corps: s election (2553) filed by March 15 becomes effective as of January 1 of the year you filed. If filed after March 15, it takes effect the next year

For existing non calendar year: s election (2553) filed 3.5 months after their year end, it becomes effective that year. Otherwise it becomes effective the next year

For newly formed corps: if you don’t file for s corp eligibility in 60 days, you’re treated as a c corp that year

223
Q

S corp new shareholders

A

Consent of new shareholders isn’t required. S corp continues until terminated

Voluntary term: majority determination of status

Involuntary term: if any shares of an s corp are sold to another corp or partnership

224
Q

S corp tax year

A

Normally calendar year

S corps file 1120S

Usually due 3/15

225
Q

No tax on s corps, like a partnership

A

Some exceptions:
If it was a c corp

All earnings are passed through to the shareholder and taxed the individual level

226
Q

Termination of an s corp

A

If more than 50% vote to terminate

If the corp fails to meet the following:
Corporate or partnership owner
Foreign owner
More than 100 owners (family members count as 1)

If there is an excess of 25% of passive investment income for three consecutive years. MUST have previously been a C corp

Effective date of termination:
S corp can specify the termination date if a vote occurred.
If no date is specified, as long the revocation is filed by 3/15, it takes place this year. After 3/15, it takes place next year
If the corporation fails the requirements, it’s terminated immediately.
If there is more than 25% of passive income for 3 years, termination occurs on 1/1/year 4

227
Q

Reelection of s corp status

A

S corp must wait until the beginning of the fifth year to elect a corp status again

228
Q

Short tax years

A

When terminated, S corp applies for part of the year, C corp for the other part

Could create two short tax years for both S and C corp sides. This happens based on the voted upon date or failure date

Allocate based on the number of days or close the books on the date of the conversion

229
Q

S corp income and loss

A

1120 s to schedule k to schedule k 1 to 1040

Each shareholder receives a K-1

Allocations are made on a per share, per share basis

230
Q

S corp vs partnership

A

S corps shareholders share of ordinary business income is not subject to self employment tax, even if the shareholder is actively involved in operations

Partners run the partnership, but shareholders do not run the corporation.

231
Q

S corp separately stated items

A

These flow through to the shareholders:
Rental RE income or loss (schedule E)
Interest and dividend income (schedule B)
Royalties (schedule E)
Net short term cap gain, net long term cap gain, and net section 1231 gain or loss (schedule D)
Charitable contributions (schedule A)
Section 179 items

QBI deduction of 20% may be available

232
Q

S corp fringe benefits

A

Deductible: for nonshareholders or 2% or less shareholders

Non-deductible: for shareholders owning more than 2% unless it’s included in the W-2 as income

233
Q

S corp stock and debt basis

A

Same as partnerships

B + A - S = E

Unlike partnerships, S corp shareholders do not include debt in their stock basis. Debt basis is accounted for separately. These are loans from the shareholder to the s corp. Added together, this is the “Tax Basis”

234
Q

S corp tax basis limit

A

If an s corp suffers a loss, the shareholder can deduct that loss on their individual return if they have enough tax basis to do so (combination of stock and debt basis)

If there is a loss in excess of the tax basis, the loss is suspended until the tax basis is reinstated. Stock basis is reinstated when income, gains, and additional contributions. Debt basis is reinstated first, then stock basis.

Suspended losses are carried forward forever.

If suspended losses remain when the s corp is disposed of, the suspended losses disappear.

235
Q

Accumulated Adjustments Account (AAA)

A

This is RE for an S corp