REG 2.0

Question 1

How many creditors must join in filing a petition to commence an involuntary bankruptcy

Answer 1

If the debtor has 12 or more creditors, at least 3 creditors with unsecured claims at least $18,600

If the debtor has less than 12, then at least one creditor that has $18,600 of unsecured claims

Question 2

What is the mailbox rule

Answer 2

Contract is effective when the offeree sends the contract back to the offeror

Question 3

What are the surety’s rights against the principal

Answer 3

Exoneration - right to compel principal to pay

Subrogation - enforcement of creditors rights against principal

Reimbursement - right to receive from principal after surety pays

Question 4

What is the parol evidence rule

Answer 4

Basically states that prior or contemporaneous oral statement’s and prior written statements to adjust the terms of a contract are inadmissible

Question 5

What are the elements of a legally enforceable contract

Answer 5

CO AXL

Capacity (competent and adult)

Offer

Acceptance

X-change consideration

Legal

Question 6

What are the types of defenses used by the defrauded

Answer 6

DUMIS

Duress
Undue Influence
Mutual mistake or Misrepresentation
Intoxicated
Statute of frauds or limitation

Question 7

What contracts under the statute of frauds are supposed to be in writing

Answer 7

MY LEGS

Marriage

Year (contracts that can’t be performed within a year)

Land contracts

Executor contracts

Goods (sale of $500 or more)

Surety (to act as)

Question 8

What defenses render contracts void?

Answer 8

FAPI

Fraud in the execution

Adjudicated incompetency

Physical duress

Illegality

Question 9

What are express contracts, implied contracts, and quasi-contracts

Answer 9

Express contracts: any contract formed by words - written or oral

Implied contracts - when parties’ assent is inferred by their conduct

Quasi-contract: technically not a contract, but more of a remedy to prevent unjust enrichment

Question 10

What are the exceptions to the rule that prohibits an accountant from showing workpapers to a third party without client permission

Answer 10

In response to a subpoena

to a prospective purchased of the CPA’s practice

to a state CPA QC review panel

in defense of a lawsuit brough on by a client

in defense of an investigation conducted by the AICPA

When GAAP requires disclosures of such information in the financial statements

Question 11

What is the difference between fraud and constructive fraud

Answer 11

Constructive fraud is not intentional and is synonymous with Gross Negligence

Question 12

What are the five elements of fraud

Answer 12

MAIDS

Misrepresentation of material fact

Actual and reasonable reliance by the defrauded party

Intent to induce reliance

Damages

Scienter

Question 13

What are the elements of negligence

Answer 13

The defendant owed a duty of care

The defendant breached that duty by failing to act with due care

The breach caused plaintiff’s injury and damages

The CPA is liable to the client or foreseeable class of persons the CPA knows will rely on their work unless the the jurisdiction practices ultra mares

Question 14

What are the standards to consider when disclosing information on a taxpayer’s tax return

Answer 14

Reasonable standard, at least 20% of success

Substantial Authority Standard > 40% of success

More Likely Than not Standard > 50% of success

Question 15

What are the penalties for: Failure to file, failure to pay, negligence penalty with respect to unsubstantial understatement, and substantial penalty

Answer 15

Failure to file - 5% for each month up to 25% of unpaid tax

failure to pay - 0.5% for each month up to 25% of unpaid tax,

negligence penalty with respect to unsubstantial understatement - 20% of unpaid tax

substantial penalty - 20% of unpaid tax

Question 16

What is the appeals process

Answer 16

If you don’t agree with the results of the audit,

First, the taxpayer will receive a 30 day letter notifying the taxpayer of the right to appeal. He/she has 30 days to request an appeal from the appeals officer

Second, if agreement has not been reached, the taxpayer will receive a 90 day letter which will state the taxpayer has 90 days to pay or file a petition with the U.S. Tax Court

If the taxpayer wished to litigate, they can take the case up to the U.S. District Court or the U.S. Court of Federal Claims , but they’re dues must have been paid to the IRS prior to doing so.

Remember that the U.S. District Court is the only court to have a jury.

Question 17

What are the methods used to select a tax return for an audit

Answer 17

Statistical Models - picks them based on which returns are most likely to possess errors
Random Selection
PY audit yielded negative results
Information return discrepancy (W2 or 1099s don’t match the income on the return)
Deductions exceed established thresholds

Question 18

What are the only situations before the IRS when a tax practitioner may charge a contingent fee?

Answer 18

IRS Examination (audit)
claim solely for a refund of interest and/or penalties
judicial proceeding

Question 19

What are the different percentages used to to calculate the dividend-received deduction

Answer 19

If ownership of the corporation is:

Less than 20%, then use 50%
In between 21%-79%, use 65%
If greater than 80% use 100%
Note> this deduction is limited to the lesser of the Dividend*Ownership % or Taxable Income prior to DRD * Ownership %

Note 2> The DRD does not apply if it creates a a NOL

Question 20

How are charitable contributions treated by corporations?

Answer 20

Can only take up to 10% of taxable income before charitable contributions, DRD, and capital loss carryback

Question 21

What is the individual income tax formula

Answer 21

Step 1: Gross Income - Adjustments = Adjusted Gross Income
Step 2: AGI - the larger of Standard Deduction or Itemized Deduction = Taxable Income before Qualified Business Income Deduction
Step 3: Taxable Income Before QBI - QBI deduction= Taxable Income
Step 4: Taxable Income - Tax Credits + other taxed - payments = Tax due or refund

Question 22

What is the criteria to be considered a qualifying child?

Answer 22

Qualifying Child - CARES

C - Close Relative
A - Less than 19 yos or 24
if a full-time college student
R - Residency: person must live with the taxpayer for at least half the taxable year
E - Eliminates the Gross Income test
S - Support greater than 50% is provided by the taxpayer

***ALL THE CRITERIA MUST BE MET FOR EACH RESPECTIVE DEPENDENT STATUS TO QUALIFY

Question 23

What is the criteria to be considered a qualifying relative?

Answer 23

Qualifying Relative - SUPORT

S - Support test (see above)
U - under $4.7k of gross income
P - Prevents dependent as filing a joint return unless the MF J or Single would result in zero liability
O - Only citizens of U.S. or residents of U.S., Mexico, or Canada
R - Must be a relative OR
T - Taxpayer lives with individual (IF NON RELATIVE) for the whole year

Question 24

What are the limitations of QBI and their criteria

Answer 24

Limitation based on Taxable Income

-Category 1: Taxable income is <= $182,100 (Single) or >= $364,200 (Married)
-Category 2: Taxable income is >$232,100 (Single) or > $464,200 (Married)

Limitation based on Qualified Trade or Business (QTB) vs Specified Service Trade or Business (SSTB)

-Category 1: Same as category 1 found in taxable income
-Category 2: Taxable income is >$232,100 (Single) or > $464,200 (Married)

***Taxable Income categories and category 1 of QTB or SSTB are multiplied by 20%

**If flowthrough proceeds come from SSTB, then the QBI deduction is $0

Question 25

Nuances of Net Business Income (reported on schedule C)

Answer 25

-It is taxable twice: once at the regular tax rate and the other for Social Security and Medicare
-Self-employment tax is calculated on 92.35% of SE income (because you’re only liable for the ER or EE portion NOT both)
-SE Tax = 15.3%
-You can claim a an adjustment up to half of the SE Tax

Question 26

What is the basic formula for the determination of Net Rental Income (Loss)

Answer 26

Gross Rental Income
+ Prepaid Rental Income
+ Rent Cancellation Payment
+ Improvement (@FMV) instead of rent payments
- Rental Expenses

Question 27

What’s the calculation to calculate deductible medical expenses?

Answer 27

Qualified Medical Expenses
- Insurance Reimbursement
- 7.5% of AGI

Question 28

What are the AGI Limitations when it comes to Charitable Contributions made to public charities

Answer 28

Cash = 60%
Ordinary Income Property* = 50%
LT Capital Gain Property** = 30%

*the lesser of the properties adjusted basis (cost) or FMV at the time contributed

**FMV at the time contributed

NOTE: Excess above AGI are allowable for carryforward up to 5 yrs

Question 29

What is the formula to calculate the amount of loss caused by a declared disaster

Answer 29

The lesser of: Cost of property or Decreased FMV
- Insurance Proceeds
- $100/ occurrence
- 10% of AGI

Question 30

What is the tax treatment of capital gains/losses for individual taxpayers

Answer 30

Net Capital Losses are deducted up to $3,000/yr against noncapital income and any excess can be carried indefinitely

Question 31

What is the tax treatment of capital gains/losses for C corporations

Answer 31

Net capital losses:
-Carried back three years, forward five years
- Cannot offset net capital gains in the CY, only during the carryback/carryforward window

Question 32

What are the nondeductible losses

Answer 32

W - Wash Sales
R - Related Party transactions
A - And
P - Personal Losses

Question 33

Describe the half-year, mid-quarter, and half-month conventions

Answer 33

Half-year: six months depreciation is taken in the year of acquisition and disposal

Mid-quarter: only used if more than 40% of the assets placed in service during the year were placed during the quarter 4. all property is treated as if its placed in service in the mid-point of the quarter

Mid-month: used for calculating depreciation of REAL property. Residential (27.5 yr) Nonresidential (39) are depreciated using straight-line basis, and treated as if it were placed in the middle of the month

Question 34

What is section 179

Answer 34

A cost recovery strategy that allows a maximum deduction (of personal property) of $1,160,000.

Note: If the value of the property is > $2,890,000 then the excess is deducted from the limit to arrive at the basis

Question 35

What is bonus depreciation

Answer 35

Bonus depreciation expenses 80% of the cost of qualified property placed in service during the year. (claimed after section 179 and before MACRS)

Question 36

What are temporary book/tax differences? Name some

Answer 36

Temporary book/tax differences are income/expense items that are recognized in different periods for book income and taxable income

Examples:

Depreciation Expense
BDE
Business interest expense
Unearned rent/royalty income

Question 37

What are permanent book/tax differences? Name some

Answer 37

Permanent book/tax differences are income/expense items that are either 1) recognized in for financial but never for tax or vice-versa

Examples:

Interest Income from municipal bonds
Life insurance proceeds on key employees
Fines, penalties
Entertainment expense

Question 38

What are the general corporation NOL carryforward/backward rules

Answer 38

-NOLs before 2018 can be carried back 5 yrs and carried fwd 20 yrs

-NOLs arising during 2018, 19, 20 can be carried back 5 yrs and carried fwd indefinitely (can offset 100% of future taxable income)

-NOLs arising in 21 cannot be carried back but can be carried fwd indefinitely (can offset only 80% of future taxable income

Question 39

What is the treatment for corporate capital gains/losses

Answer 39

-Losses are applied against capital gains only NOT taxable income

-Losses can be carried back 3 yrs and fwd 5 yrs

Question 40

What makes up the apportionment factor used to apportion income to a state?

Answer 40

The weighted average of the corporation’s property, payroll, and sales in the state

Question 41

What is the basis of a gift for determining a gain or loss in a sale transaction

Answer 41

1) If the selling price is less than the FMV, then use FMV as your basis

2) If the selling price is greater than donors basis, then donors basis as your basis

3) If the selling price is in the middle of donors basis and FMV, then use selling price i.e no gain or loss

Question 42

How is the basis and holding period of inherited property determined

Answer 42

The basis is the lower of FMV at the time of death or FMV at alternate valuation date (six months after the death or date of distribution/sale if earlier than six months)

*The basis for inherited property is ALWAYS considered long term

Question 43

What is the formula for a partner’s basis in a partnership

Answer 43

Beginning capital accounts (contributions, less liabilities assumed by other partners

Additions: partner’s share of all income and gains (ordinary business income, separately stated, tax-exempt)

Subtractions: partner’s share of all losses and deductions and distributions

Ending capital
account + partner’s share of partnership liabilities