REG: Chapter 12 Flashcards

1
Q

Gross Income of a C Corporation

What is included as taxable income for a C Corp?

A
  • All cash received from ordinary course of business
  • Royalty income in advance
  • Rental income in advance
  • Interest income in advance
  • Any gains or interest from sinking funds
  • Capital Gains from Investments
  • Net gain or loss from sale of business property
  • Life insurance income
  • Discharge of debt

Gain or losses from the sale of the C Corps own treasury is not included in taxable income

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2
Q

Deductions of a C Corporation

How are dividend reduction deduction calculated for C Corps?

A

The DRD is the lesser of
* % Allocation applied to Dividend income
* % Allocation applied to taxable income with the dividend deduction

% Allocation to determine DRD:
* < 20%: 50% of the dividend
* >20% < 80% ownership: 65% of the dividend
* > 80% and Affiliiated: 100%

If the % of ownership is not provided, assume it to be less than 20%

If the total expenses are more than the gross revenues, then the DRD is the % of the dividend

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3
Q

Gross Income of a C Corporation

In addition to operational business expenses, what expenses are deductible for a C Corporation?

A
  • Interest on business borrowings
  • Casualty Losses
  • Dividend Received Deductions
  • Charitable Contributions
  • State Income Taxes
  • Capital Loss Carryback
  • Foreign Income Taxes Paid
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4
Q

Gross Income of a C Corporation

What items are not deductible when computing taxable income for C Corporations?

A
  • Insurance premiums for key members
  • Federal income tax
  • Net long-term capital loss
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5
Q

Gross Income of a C Corporation

How are the deductions calculated when determining net income?

A

Taxable income needs to be computed before calculating any deductions that are going to be taken

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6
Q

Gross Income of a C Corporation

How are charitable contributions calculated for C Corporation deductions?

A
  • 10% of the taxable income
  • The charitable deduction is calculated before any dividend received deduction
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7
Q

Gross Income of a C Corporation

What value is given when a tangible asset is contributed?

A

The value is the FMV of the asset

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8
Q

Losses of a C Corporation

When are capital losses deductible?

A
  • Capital losses can only be deducted to the extent of the capital gains being reported
  • If there are no capital gains being report, then the capital loss is not deductible in the year incurred
  • The capital loss can carry back 3 years and carry forward 5 years
  • Capital losses are treated as short term, no matter what they originally started out as

Capital losses cannot be used to offset ordinary income

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9
Q

Losses of a C Corporation

Is the DRD included when there is a NOL in the current tax year?

A
  • Yes
  • The DRD is computed without regard to the taxable limitation
  • The DRD is calculated based on the dividends received
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10
Q

Regular Income Tax and Foreign Tax Credits

What is the Foreign Tax Credit Calculation?

A

The Foreign Tax Credit is the lesser of:

  • Foreign Tax Limitation: [(Foreign Source Income / Worldwide Income) x US Tax on Worldwide Income]
  • Actual foreign taxes paid
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11
Q

Regular Income Tax and Foreign Tax Credits

What is the corporate tax rate?

A

21%

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12
Q

Estimated Tax

How is the estimated tax calculated for a large corporation?

A
  • A large corporation has $1,000,000 or more in taxable income
  • The estimated tax is 100% of the current year’s tax liability
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13
Q

Regular Income Tax and Foreign Tax Credits

What is the calculation to determine estimated tax payments for a corporation when taxable income is less than $1,000,000?

A

25% of the Lesser of:

  • 100% of the previous year’s tax
  • 100% of the current year’s tax
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14
Q

Regular Income Tax and Foreign Tax Credits

How are the quarterly estimated taxes calculated when taxable income is over $1,000,000?

A

1st Quarter: 25% of the Lesser of:
* 100% of the previous year’s tax
* 100% of the current year’s tax

2nd - 4th Quarters:
* 25% of the current year’s tax

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15
Q

Accumulated Earnings Tax (AET)

What is the formula to determine Accumulated Earnings Tax?

A

[Current E&P
(Dividends Paid)
(Accumulated Earnings Credit)]
x 20%

Net operating losses deductions and capital loss carrybacks/carryfowards are not allowed

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16
Q

Accumulated Earnings Tax (AET)

What is the minimum accumulated earnings credit base in order to determine AET?

A
  • The minimum credit base is $250,000
  • When undistributed E&P does not exceed $150,000, then the ATI will be zero
17
Q

Accumulated Earnings Tax (AET)

How is the Allowable Accumulated Earnings Credit determined?

A

It is the greater of:
* Base amount of $250,000 - Prior year’s accumulated earnings and profit
* Current earnings and profits - Dividends Paid - Long-term capital gain adjustments for the current year

18
Q

Accumulated Earnings Tax (AET)

What is the calculation to determine Accumulated Taxable Income (ATI)?

A

Taxable Income
+/- Adjustments (i.e. Federal Income Tax)
-Dividends Paid
-$250,000 minimum Accumulated Earnings Credit (if not calculated) or Maximum of AEC

19
Q

Personal Holding Company (PHC) Tax

When is a corporation a personal holding company?

A
  • At least 60% of its AGI for the year is Personal Holding Company Income
  • More than 50% of the value of the outstanding stock is owned by 5 or less individuals
  • Personal holding company income includes income received from stock and securities
20
Q

Personal Holding Company (PHC) Tax

What is Personal Holding Company income?

A
  • Includes taxable interest and dividends from unrelated domestic corporations
  • Amounts received under personal holding contracts involves a shareholder that owns more than 25%
  • The contract specifically designates that only the shareholder will provide a service
  • It does not include tax-exempt interest
21
Q

Personal Holding Company (PHC) Tax

What is the tax rate for personal holding company income?

A
  • The tax rate is 20% of the undistributed personal holding company income
  • A company cannot have a PHC tax and an Accumulated Earnings Tax in the same year
22
Q

Personal Holding Company (PHC) Tax

What entities are exempt from Personal Holding Company Income Tax?

A
  • S corporations
  • Tax-exempt organizations
  • Banks
  • Domestic building and loan associations
  • Certain lending or finance companies
  • Life insurance and surety companies
  • Businesses operating under the Small Business Act
  • Corporations under Chapter 11 protection
  • Foreign corporations
23
Q

State and Local Tax Issues

What is a tax jurisdiction?

A
  • A tax jurisdiction is a geographic area that has its set of tax rules and regulations
  • Examples of tax jurisdictions are state, local, municipality and county
24
Q

State and Local Tax Issues

What are the requirements of Nexus?

A

Solicitation of orders are:
* Approved in state and delivery is made out of state
* Approved out of state and delivery is made in state
* Approved in state and delivery is made in state

25
Q

State and Local Tax Issues

What is UDITPA?

A
  • UDITPA is the Uniform Division of Income for Tax Purposes Act
  • Provides a uniform method of allocating and apportioning business income
  • Specific rules apply to nonbusiness income from rents, royalties, capital gains, interest and dividends, patents and copyrights
  • Interest and dividends are taxed based on the company’s home state, or commercial domicile
26
Q

State and Local Tax Issues

What is calculation to determine the apportionment of UDITPA?

A

(Property Factor + Payroll Factor + Sales Factor)/3

27
Q

State and Local Tax Issues

What is the calculation to determine the Property Factor?

A

(Average Acquisition Cost + Rental Value) / Average value of all property

  • Property rented by the taxpayer is valued at eight times the net annual rent expense
  • Property owned by the taxpayer is based on the original cost, so no depreciation is included
28
Q

State and Local Tax Issues

What is the calculation to determine the Payroll Factor?

A

In-State Compensation Paid / Total Compensation Paid

The calculation does not include
* Payroll for management
* Maintenance are otherwise allocable to nonbusiness property

29
Q

State and Local Tax Issues

What is the calculation to determine the Sales Factor?

A

In-State Sales / Total Sales

  • Sales is based on net sales
  • Capital gains and nonbusiness income are allocated, but are not apportioned