REG- Corporation Flashcards
What are the different tiers of the Dividend Received Deduction?
50% - ownership of 0 > 20%
65% - ownership of 20% > 80%
100% - ownership of 80% or >
How to calculate the DRD?
DRD is the lesser of
50% or 65% dividends received or,
50% or 65% taxable income without regard to DRD, and any NOL carryforward or backward.
The investor corporation must own the investee’s stock for a specified minimum holding period of more than 45 days.
How is charitable contributions calculated for a corporation?
Max. of 10% of TI to qualifying organization.
TI is calculated before the deduction of
1. Charitable contribution deduction
2. DRD
3. Capital loss carryback
What is the accumulated earnings tax?
This is a penalty tax imposed on C Corps whose accumulated retained earnings are more than $250K if the earnings are considered to be improperly retained instead of being distributed to shareholders as dividends.
Regular C corp is entitled to $250K of AET in a lifetime. Any additional amount is taxed at a flat 20%.
What is a Personal Holding Company (PHC)?
2 criteria in determining whether a company is a PHC:
a) more than 50% of the stock must be owned by 5 or fewer individuals, and
b) at least 60% of the adjusted ordinary gross income must consist of certain investment income (e.g., interest, dividends, etc.).
A shareholder is considered to own stock held by family members, including brothers, sisters, ancestors and lineal descendants. In-laws are not considered family members.
What are the rules for Net Operating Losses (NOLs)?
NOL for tax yrs ending on or before 12/31/17, 2 yrs carryback 20 yrs carryforward
NOL for tax yrs ending after 12/31/17 and or before 12/31/2020 5 yrs carryback, indefinitely carryforward
NOL for tax yrs ending after 12/31/2020 0 yrs carryback indefinitely carryforward
How is Net Capital Loss for a corporation treated?
- Only use capital loss to offset capital gain
- They are carried over as short-term capital losses.
- Carried Back 3 yrs carried forward 5 yrs.
What are the terminating events for an S Corp?
- Shareholders holding more than 50% of the stock consent to a voluntary revocation.
- Failure to meet any of the qualifications for S Status.
- Excess passive investment income: greater than 25% of the corps. gross receipts from passive income for 3 consecutive yrs.
What are separately stated items and how are they treated?
Separately stated items are income and expenses that are
- subject to special limitations and calculations
- reported on different tax forms, or
- taxed at different rates.
What are the qualifying items for S-Corp. status?
- Shareholder cannot be a corporation, & or partnership.
- Maximum shareholders for S Corp. is 100.
- Shareholder must be US citizen or resident.
- Family members are counted as 1 and include nephews, cousins, step children, inlaws.