REG Flashcards
When death occurs the beneficiary’s basis is?
Fair market value
Under the installment method what % on a gain is recognized in the year of the sale?
25%
When death occurs the beneficiary’s holding period is from when?
From when the dead person acquired it, it tacks on
The statutory amortization period for a covenant not to compete that’s related to a business acquisition is?
15 years
When property is donated the donee’s adjusted basis of the donation will be the lesser of what?
Fair market value or the donor’s adjusted basis
Section 1244 stock sold at a loss is treated as what type of loss and how much can be deducted?
Ordinary loss. $50,000 ordinary loss for individuals $100,000 loss for married filing jointly. Anything over is treated as capital loss
Capital losses in excess of capital gains may not be used to reduce taxable income of a corporation. The losses may be…
Carried back three years and carried forward 5 years
Taxpayers may not recognize a losses attributable to the sale of stock if substantially similar stock is purchased 30 days before or after the sale giving rise to the loss. This is what rule?
Wash sale rule
A/R, inventory, trade or business assets owned for a year or less are what type of asset?
Ordinary asset
Trade or business assets owned for more than a year are what type of asset?
Section 1231 asset
All other assets or those used in ones personal activities and in investment activities are what type of assets?
Capital assets
Amount realized -adjusted basis =
Realized gain or loss
Cash received + fmv of any property received + liabilities assumed by buyer - selling expenses = what?
What amount realized includes
Cost including any liabilities or expenses connected + capital improvements - depreciation = what?
Adjusted basis
Holding period for gifts
If donee sells property at a gain what does the holding period do?
Carries over to the new owner
Holding period for gifts
If the donee sells the property at a loss what happens to the holding period?
It does not carry over
When the alternative valuation date is elected the basis of the property becomes it’s fair market value how long after death?
6 months
Who can issue or revoke a cpa license?
State boards only
Capital gains and losses
Holding period begins and ends on date what transfers?
Title
Capital gains and losses
For transactions where basis of new asset is determined by basis of old asset the holding period does what?
Tacks on to holding period of new asset
If the combo of net long term and net short term gains/losses is negative an individual can deduct how much per year and before or after AGI? What if you have more than the amount?
$3000 loss per year before AGI. You can carry forward indefinitely
Long term capital gain tax rate for individuals?
Usually 15% if the taxpayers regular tax rate is 15% then it’s reduced to 0%. If you’re taxed at the highest rate 39.6% then it’s 20%
A 3.8% surtax is added to joint MAGI greater than 250,000 or for single head of household with magi greater then 200,000.
Net capital gain attributable to straight line depreciation claimed on real estate is taxed at what percent?
A maximum of 25%
Net capital gain from selling collectibles is taxed at what rate?
A maximum of 28%.
When capital gains are taxed at a maximum rate what does that mean?
If you fall into a lower % tax rate you will be charged that rate and not the maximum.
Gains can be taxed at different rates. How do you offset them with losses?
Offset the highest taxed gains first
Date the purchase or sale of stock/ bonds takes place is what date? Do you use this date for determining holding period?
Trade date, yes
Date stock/ bond is delivered or that payment is actually made? Do you use this date to determine holding period?
Settlement date, no
How is section 1244 stock loss treated? What are conditions to take section 1244 losses?
As an ordinary loss of $50,000 single or $100,000 joint. Original holder of stock and capitalization of company can’t be more than $1,000,000.
What form do you use to report capital gain or loss?
Form 8949
What schedule do capital gains and losses get reported to?
Schedule D
Section 1231 asset gains and losses are netted against each other. If you have a gain its taxed as what?
Long term capital gain
Section 1231 asset gains and losses are netted against each other. If you have a loss its deductible as what?
An ordinary loss
To the extent of the losses taken for the past 5 years, the net section 1231 gain is treated as what and what is the name of this rule?
Ordinary income and the look back rule
Land and assets permanently attached to land?
Realty section 1250 recapture
Assets other than realty?
Personalty section 1245 recapture
How does section 1245 gain recapture work?
Realized gain less (adjusted basis less depreciation) equals recognized gain. Section 1245 gain is treated as ordinary income and gain up to the amount of the depreciation is ordinary income before anything left over is treated as section 1231 capital gain
How does section 1250 recapture work?
Any excess of amount of depreciation taken over what straight line depreciation is, is recaptured as ordinary income. The straight line depreciation is taxed ass a 25% gain. The rest of the gain recognized is section 1231 capital gain.
For a corporation, 1250 property is treated differently. There’s no 25% taxed gain. What happens
Calculate 1250 the same. Section 291 take what would be recognized as 1245 less what was recognized as 1250 and times it by 20% that’s the section 291 taxed as ordinary income. The left over is taxed as section 1231 capital gain.
Gains and losses from sale of business property are reported on what form?
4797
Personalty uses mostly which MACRS?
5 year - trucks cars computers machinery and equipment
7 year - office furniture and fixtures
When calculating MACRS depreciation for say year three when the asset is sold what do you do?
Multiply by the appropriate year 3 percent then times it by .5.
What do you use if more than 40% f all personality is placed get in service during the last quarter of the taxable year for depreciation?
Mid quarter convention
When calculating MACRS depreciation mid quarter for say year three when the asset is sold what do you do?
Multiply by the appropriate year 3 percent then times it by half of a quarter or 1.5months/12 months
Amount of years used for realty depreciation calculations?
Residential is 27.5 years non residential is 39 years
We don’t depreciate land for MACRS. What do you do with land value?
Subtract it out to get depreciable basis.
Taxpayers can elect to expense a certain amount of tangible personalty used in trade or business. What is this and what’s not eligible?
Section 179 and investment property
For 2014 what’s the max you can depreciate for luxury vehicles?
Under 6000 lbs is $3,160. Over 6000 lbs is $25,000. The amounts vary over time. You can depreciate the whole thing but it’s over ,ore than the MACRS 5 years
If you create an intangible asset can you depreciate it?
If you acquire it can you amortize it?
No
Yes over 15 years only if you got them by acquiring a trade or business.
What form do you use for section 179?
4562
If a corporation has unused capital loss that’s carried back or forward to another year it’s treated as…
Short term whether or not it was short or long term.
Are losses recognized for like kind exchanges?
NO!
Gains are recognized for like kind exchanges how?
The lesser of boot received or realized gain
Any non like kind property received as part of the exchange. Liabilities assumed by the other party are included. This is what?
Boot
What assets do like kind exchange rules apply to?
Business and investment only, not personal
What’s the formula for like kind exchange Basis?
FMV of property received - postponed gain + postponed loss
What’s the holding period for like kind exchanges?
Holding period of like kind property surrendered tacks on to holding period of like kind property received
Destruction theft seizure and condemnation of property is what?
Involuntary conversion. Replacement property must be similar or related in use.
How long do you have to replace involuntary conversion property?
2 years from close of taxable year where it was destroyed or 3 years for condemned business or investment property.
Calculate involuntary conversion
Amount realized Fromm conversion - adjusted basis in old property. = realized gain. /loss.
Realized gain/loss - Cost of replacement property = recognized gain limited to realized gain
Losses are never deferred
What happens to holding period in involuntary conversion?
If gain is deferred it tacks on to new property. If not deferred it doesn’t tack
In wash sale to get the basis of stock left what do you do?
Add disallowed loss to the cost basis. Holding period of sold shares tacks on to remaining shares
What doesn’t count as related party?
In laws, aunts, uncles, cousins
Can be used to offset any gain recognized when the current owner disposes of the property in the future. It can only reduce the gain to 0. What is this?
Related party loss - the right of offset
Related party holding period?
No carryover
An individual can exclude what amount of gain on sale of primary residence?
$250,000
Rules for sale of principal residence?
Individual must have owned and occupied residence as a principal residence for at least 2 of the 5 years before disposition
Does installment sales apply to losses?
No
What form do installment sales go on?
6252
Does depreciation recapture have to be recognized in the year of the sale for installment sales?
Yes
Gross profit from sale is recognized as cash is received for installment sale.formula is
Recognized gain x gross profit %
All income is considered to be taxable unless the income is specifically excluded by the tax law. What is this the definition of?
Gross income
Is gross income limited to cash?
No, bartering is included
What rule says income has been constructively received if the amount is readily available to the tax payer and actual receipt is not subject to substantial restrictions?
Constructive receipt (only applies to cash basis)
What principal is this? Income is taxed to the individual who earned it. Income cannot be assigned to others
Assignment of income
What rule is this: requires taxpayer to include an expense reimbursement in income if the expense was deducted in a prior period and the deduction reduced the taxpayers taxable income
Tax benefit rule
What rule is this: requires the taxpayer to include property in income in the period in which an apparent claim to the property materializes. A later repayment of the property generates a deduction but does not influence the earlier recognition of income
Claim of right doctrine
What is interest income?
All interest income is taxable except municipal interest which is interest paid on government bonds
Is interest earned from mutual funds tax free?
Yes, to the extent that the funds own municipal bonds
Is gain on sale of municipal bonds taxable?
Yes
Is prepaid interest income taxed when received?
Yes
What’s up with the interest income for series EE bonds?
It’s paid at maturity not annually but taxpayer can elect to have it taxed annually
Interest at maturity or redemption of series EE bonds can be excluded if what conditions are met?
- Owner of bond is at least 24
- Proceeds are used to pay higher education tuition and fees
- The tuition and fees are for taxpayer spouse of dependents
- The exclusion is phased out at higher income levels