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CPA > REG2 > Flashcards

REG2 Flashcards

1
Q
  1. SUBSIDIARY LIQUIDATION:
  2. Parent and subsidiary recognition of gain/loss
  3. Parent basis in property received from sub
  4. Shareholder’s holding period of property received
A
  1. Neither parent nor controlled (80% +) sub recognizes gain or loss on a liquidating distribution to the parent
  2. Basis of property to the parent from sub = only take the basis of the sub (do not include liab.)
  3. Begins the day after the property is acquired
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2
Q
  1. REORGANIZATION TYPES
  2. Recapitalization
  3. Stock for assets
  4. Division
A
  1. Corp and shareholders agree to exchange stock type from common to preferred
  2. Corp A takes substantially all assets of Corp B and B is liquidated
  3. Corp A transfer all or part of its asset to Corp B in exchange for controlling interest (80%) of the B’s stock
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3
Q
  1. REDEMPTION

Stock is redeemed when a Corp acquires its own stock from a shareholder in exchange for property. Redemption is either a distribution (Dividend) or a sale of stock

  1. Considered distributions unless:
A
  1. redemption is not equivalent to a dividend
  2. redemption is substantially disproportionate
  3. distribution terminates the shareholder’s interest
  4. distribution is a partial liquidation by a noncorporate shareholder
  5. redemption is received by an estate
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4
Q
  1. CALCULATION OF E&P
A 
Beginning E&P
Taxable Income
Add: excess MACRS depreciation
Deduct: nondeductible expenses (federal income tax, charitable contributions in excess of taxable income limit, net capital losses)
Ending E&P
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5
Q
  1. FOREIGN TAX CREDIT

What is the credit formula?

A

US income tax X ( foreign taxable income / worldwide taxable income )

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6
Q
  1. FOREIGN TAX CREDIT

What is the limit?

A

Limited to the lower of actual foreign taxes paid or the calculated tax credit

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7
Q
  1. Earnings and Profits (E & P)

What are positive adjustments?

A

Exempt income, deductions, deferred income

Examples: interest from municipal bonds, injury compensation, life insurance proceeds, DRD, capital and NOL carryover, depreciation in excess of straight-line, income per completed-contract method, and deferred income from an installment sale

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8
Q
  1. Earnings and Profits (E & P)

What are negative adjustments?

A

Nondeductible items for taxable income and recognized deferred income

Examples: life insurance premiums, penalties, fines, municipal bond expense, excessive compensation, federal income taxes, generally 50% of meals and 100% of entertainment expenses, charitable contributions in excess of the percentage of AGI limit, and prior-year(s) installment sales.

Note: if business meal is provided by a restaurant, 100% is tax deductible, resulting in no negative adjustment

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9
Q
  1. Earnings and Profits (E & P)

What are “no impact” to E & P?

A

Examples: unrealized gains and losses, gifts, state tax refunds, and contributions to capital

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10
Q
  1. INSTALLMENT SALES - INTEREST IMPOSED ON DEFERRED TAX

When is interest imposed on installment sales?

A

When installment receivables are more the $5M

and

there are annual payments of more than $150k

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11
Q
  1. LIKE-KIND EXCHANGE WITH BOOT - TAXABLE (RECOGNIZED) GAIN

How do you determine the recognized gain when boot is involved?

A

Determine the realized gain and the boot received then compare and use the one that is lesser

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12
Q
  1. SECTION 1231

What is Sec. 1231 property?

A

Real or depreciable property used in a trade or business

Land, apartment buildings, parking lots, manufacturing equipment, and involuntarily converted capital assets

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13
Q
  1. SECTION 1245

What is Sec. 1245 property?

A

Depreciable personal property (tangible/intangible) used in a trade or business for over 12 months

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14
Q
  1. Sec. 1245 - GAIN

How is the GAIN characterized or classified?

A

Ordinary income = Lesser of recognized gain OR accumulated depreciation

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15
Q
  1. DISPOSITION OF INSTALLMENT OBLIGATIONS

How is the gain/loss recognized on the disposition of the installment obligation?

A

Gain/loss is recognized to the extent of the difference between the basis of the obligation and the amount realized

Adjusted basis of the obligation (aka face amt) = sale price - down pmt - total monthly pmt received thus far

Basis = face amt x the remaining GP %

Amount realized = how much the installment obligation was sold for

Gain/Loss = Amount realized - basis

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16
Q
  1. SECURITY INTERESTS AND ATTACHMENT

What is attachment?

A

Process where lender of funds can enforce interest against debtor. Note: not effective against anyone before attachment.

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17
Q
  1. SECURITY INTEREST PRIORITIES

What has priority between a perfected security interest and unperfected security interest in the same collateral?

A

perfected security interest

18
Q
  1. SECURITY INTEREST PRIORITIES

What has priority if there’s conflicts with unperfected security interests?

A

The first to attach or become effective

19
Q
  1. SECURITY INTEREST PRIORITIES

What has priority if there’s conflict with perfected security interests?

A

Priority depends upon the order of filing or perfection with respect to the collateral

20
Q
  1. BANKRUPTCY LIQUIDATIONS - CHAPTER 7

Does a debtor need to have a minimum number of creditors or debt to file for voluntary bankruptcy under Chapter 7?

A

NO

21
Q
  1. BANKRUPTCY LIQUIDATIONS - DEBTOR’S ESTATE

Which asset acquired by the debtor within 180 days after filing the bankruptcy petition becomes property of the estate?

A

Inheritance, life insurance policy, property settlement from divorce case

22
Q
  1. BANKRUPTCY ADMINISTRATIONS - INVOLUNTARY PROCEEDING/PETITION

If the debtor has 12 or more creditors and owes at least $16,750, how many creditors must join in the involuntary petition?

A

any 3 or more

23
Q
  1. BANKRUPTCY ADMINISTRATIONS - INVOLUNTARY PROCEEDING/PETITION

If the debtor has fewer than 12 creditors and owes at least $16,750, how many creditors must join in the involuntary petition?

A

any 1 or more

24
Q
  1. SECURITY INTERESTS - UCC ARTICLE 9 CLASSIFICATION

What are the classification of goods under the UCC Article 9?

A

Consumer goods, equipment, farm products, and inventory

not Accounts

25
Q
  1. BUSINESS ORGANIZATIONS

What is a PARTNERSHIP?

A

An association of two or more persons carrying on a business as co-owners for profit

26
Q
  1. BUSINESS ORGANIZATIONS

What is a GENERAL PARTNERSHIP?

A

The form of partnership that may be created without statutory formalities

27
Q
  1. BUSINESS ORGANIZATIONS

What is a LIMITED PARTNERSHIP?

A

Partnerships created only by statute

28
Q
  1. BUSINESS ORGANIZATIONS

What is a LIMITED LIABILITY COMPANY?

A

A hybrid of the corporation and partnership

29
Q
  1. ASSIGNMENT OF PARTNERSHIP INTEREST

What is the assignee entitled to?

A
  • Only to the profits and distributions the assignor would normally receive
  • Does not automatically become partner (cannot participate in management)
  • Cannot act as an agent
30
Q
  1. ADMINISTRATIVE LAW - PLR

What is a Private Letter Ruling (PLR)?

A

An IRS written response to a taxpayer concerning guidance a specific facts and situations

Example: taxpayer has a complex transaction and wants assurance that there will be no adverse tax effects from the transaction

31
Q
  1. AUTHORITATIVE HIERARCHY - TAX AUTHORITY HIERARCHY

What are the 3 authoritative tax law?

A

Legislative law

Administrative law

Judicial law

32
Q
  1. JUDICIAL LAW - FEDERAL COURT SYSTEMS

What are the 3 levels of federal courts that hear tax cases?

A

High Court

Appellate Court

Trial Court

33
Q
  1. JUDICIAL LAW - FEDERAL COURT SYSTEM

At the bottom of the hierarchy, what are trial courts (aka original jurisdiction)?

A

US Tax Court

US District Court

US Court of Federal Claims

34
Q
  1. TAX PLANNING - TYPES OF TAX PLANNING

What are the most basic/common types of tax planning?

A

Timing of income recognition

Shifting of income among taxpayers and jurisdictions

Conversion of income among high- and low-rate activities

35
Q
  1. TAX PLANNING - TIMING TECHNIQUES

What should be considered when evaluating the use of timing techniques?

A

Time value of money

Future tax law

Individual circumstances of taxpayer

Doctrine of constructive receipt

36
Q
  1. FORMATION - GAIN TREATMENT WITHOUT SEC. 351

How is the transferor’s gain treated on a transfer of property to a corporation in exchange for stock of the corporation without Sec. 351?

A

Any gain realized would be recognized (taxable)

37
Q
  1. FORMATION - BASIS OF CORPORATION IN PROPERTY

In a property exchanged by a control group for the corporation’s stock, how is the basis of the property to the corporation determined? Are there any exceptions?

A

Take the shareholder’s AB in the property plus any gain recognized by the shareholder (anything other than stock). The exception is if the AB in the property exceeds the FMV (built-in loss), then use the FMV.

38
Q
  1. FORMATION - LIABILITY TRANSFER UNDER SEC. 351

If a taxpayer exchanges an asset under sec. 351 that is attached with a liability, how or when is the gain or income recognized?

A

In a 351 exchange, the income or gain is recognized if the liability exceeds the basis of the asset being transferred. The amount of excess over the basis is recognized or taxable income.

39
Q
  1. LOSSES OF A CORPORATION - NOL

What is an NOL?

A

Any excess of deductions over gross income

40
Q
  1. LOSSES OF A CORPORATION - NOL and CAPITAL GAINS & LOSSES

Capital losses in excess of capital gain is not permitted to offset ordinary income, instead, how should it be treated?

A

Suspended and carried back 3 years and forward 5 years to offset capital gains

CPA (2 decks)

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