Section 4 Reg Flashcards

1
Q

What is the most categorical change to the tax code in the last 30 years?
When did it take effect?

A

TCJA
Tax Cut & Jobs Act

1/1/2018

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2
Q
Under the new tax law what are the deduction amounts?
MFJ
HH
Single - 
Personal Exemption
A

MFJ - 24K
HH - 18K
Single - 12K
Personal Exemption - 0

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3
Q

Kiddie tax

Taxable ____ of a child is taxed at the rate for ___ individuals & net ___ income is taxed at the ___ and ___ rates

A

Taxable earned income of a child is taxed at the rate for single individuals & net unearned income is taxed at the trust and estate tax rates.

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4
Q

When is the kiddie tax triggerd? (after what amount)

What rate does trust and estate rates start at?

A

After $2,100

37%

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5
Q

LOSS LIMITATION RULE
Excess business losses of a taxpayer other than a corporation are ____. Those losses are ___- and treated as the tax payers ____.

What is this netted against?

A

not allowed , carried forward, NOL Carry-forward

Netted against gains

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6
Q

LOSS LIMITATION RULE

NOL are the ___ of the carryover amt or ____ determined wihtout regard to the deduction of NOL

A

the lesser, or 80% of taxable income.

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7
Q

LOSS LIMITATION RULE

NOL carrybacks after 2017 tax years are ____

A

eliminated

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8
Q
CHILD TAX CREDIT
Child tax credit is increased to \_\_\_\_
What is the cutoff age? 
Can a child get a credit w/o SSN?
What is the refundable portion?
What is the earned income threshold?
What is the credit amount for qualifying dependents (not qualified children)
A

$2000, cut off age: 17, Cant get w/o ssn, refundable portion is $1,400 per child, Earned income threshold is $2,500,

Credit amount that is not a qualifeid child, is $500

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9
Q

EDUCATION PROVISION

Higher education expenses for section 529 includes ___ for elementary, secondary public, ___, or ___ schools up to $___ per year

A

includes tuition

Private & religious schools

$10k per year

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10
Q

EDUCATION PROVISION

Certain student loans are discharged on account of ___ or ___ and is excluded from Gross Income

A

Death or total disability

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11
Q

What is the deduction amount for new mortgages?

Home Equity Debt and lines of credit must be used to what?

A

$750k MFJ, or $375k Single

Must be used to buy, build, or improve the home that secures the loan

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12
Q

When are state and local taxes dedutible? (not the itemized one). Could you deduct foreign real property taxes?

What is the deductible amount for State and local taxes when itemizing? What is NOT deductible?

A

When paid/accrued in a trade or business. Yes, can deduct foreign real property taxes.

$10k – Foreign real property taxes are NOT deductible

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13
Q

What is the amount for personal casualty losses?

A

There are none – its suspended

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14
Q

Deductions for personal casualty losses incurred in a ___ is not affected. If an individual hass a net disaster loss, the standard deduction is increased by ___

A

federal declared disaster

increased by the net disaster loss.

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15
Q

All deductions for expense incurred in wagering & gambling are limited to ___

A

the winnings

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16
Q

What is the deduction % of cash contributed to charities?

A

60% (example - you donate $100 - $60 is deductible)

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17
Q

If the donation exceeds 60% of the donor’s AGI, what does that mean?

A

a 5 year carryover period will come into play

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18
Q

When is a charitable deduction not allowed?

A

If it was in exchange for tickets/seating at an event

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19
Q

All misc. itemized deductions that are subject to the 2% floor are ___

A

suspended

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20
Q

Moving expenses are ___ except for ___

A

Suspended, except for active duty armed forces

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21
Q

The AMT (Alternative minimum tax) is increased to ___

A

$109,400

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22
Q

What is the medical expense deduction %?

A

10%

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23
Q

A roth IRA conversion made after ___ cant be re-characterized as a____ to a ___

A

made after 1/1/2018 , as a contribution to a traditional roth IRA

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24
Q

For divorce or separation, alimony and separate maintenance are ____ by the payor and not included in the ___ of the payee.

What is this rule to follow?

A

not deductible by the payor, not included in the gross income of the payee.

Wants to follow Gould v Gould- reason is that payments are not income to the recipient

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25
Q

Like-kind changes are ___

A

suspended

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26
Q

What is the amount of the Affordable Care Act individual shared responsibility payment?

A

0

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27
Q

how much is the estate/gift tax exemption?

How much can MFJ exempt?

A

$10M

$22.36M

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28
Q

GROSS INCOME

What does constructive receipt mean?

A

Means that it is made available to the taxpayer w/o restrictions

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29
Q

GROSS INCOME
Can scholarship money – room and board be considered as income?

Can debt forgiveness be considered as income?

A

Yes to both

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30
Q

What are the following investment incomes maximum tax rates?

Qualified Dividends
Capital Gain Dividend
Capital Transactions

A

Either 0%, 15%, 20% for all

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31
Q

When would state and local tax refunds be included in gross income?
What is the amount limited to?
When would you not include the refund amount in gross income?

A

Include when: state & local taxes were deducted in the PY schedule A

Amount is limited to the amount of the tax benefit

Dont include when: standard deduction was taken in the PY tax return

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32
Q

GROSS INCOME

All income is taxable unless it is ___ or ___

A

fully or partially

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33
Q

STATUTORY OPTIONS - INCENTIVE STOCK OPTION (ISO)
Do employees recongize this as income?
Employees qualify for LTCG, ONLY IF: (2)
How much is the employer deduction for ISO?
When would employee include has ordinary income for ISO?

A

No - they dont recognize as income

LTCG: (1) Stock held >1yr & (2) stock isnlt sold within 2 years the stock was given

Ordinary income if the sale price exceeds the option price

Employer doesn’t get a deduction

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34
Q

Deferral Election - Stock

What can employees defer?
When can the election be made?
Does an employer get a deduction? If so, when?

A

Employees can defer the income

Election must be made within 30 days after given the stock (vested) or when the stock becomes transferable

Employer does get a deduction, it is deductible when the employee includes the stock in their income

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35
Q

NONSTATUTORY STOCK OPTIONS
Employees Tax Treatment of NSOs depnd on whether the ____

This is known as ___ stock option

A

FMV is readily ascertainable

Known as nonqualifeid stock option

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36
Q

If the NSO (nonstatutory stock option) is readily ascertainable, then:

Include as ____ the FMV less any amount ___ when the option is ___
Include ___ in income when option is exercised
Treat as a ___ when stock is sold – when does the holding period begin?

A

Include as ordinary income, less any amount paid when the option is received

Include $0 in income when exercised

Treat as a capital asset when sold. Holding period begins when the option is acquired.

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37
Q

For NSO, how much is the employer deduction?

A

Same amount as employee deduction

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38
Q

If an NSO is NOT readily ascertainable, then:

Include $___ in income when received
Include as ___ the ___ less any amount ___ when option is exercised
Treat as a ___ when stock sold

A

Include $0 in income when received
Include as ordinary income the FMV less any amt. paid when exercised
Treat as a capital asset

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39
Q

Which of the following is NOT included in gross income?

Punitive damages, bribes, found property

A

All included in gross income

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40
Q

Fringe benefits excluded from employee’s income:

___ & ___ premiums
_SA
____ assistance, which is subject to MAGI (Modified Adjusted Gross Income )

___ care assistance
____ assistance that’s covered up to $5,250/yr

A
Accident & Health premiums
FSA
Adoption Assistance, MAGI
Dependent Care assistance
Education assistance up to $5,250
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41
Q

FRINGE BENEFITS

Group-term ___ premiums are excludible on the first $____ of coverage

Life insurance proceeds paid by reason of death is excludible by the beneficiary unless ____

A

life insurance - first $50K

unless the beneficiary owns the policy

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42
Q

FRINGE BENEFITS

When are meals & lodging excludible? (4)

A

Furnished by employer
On employer’s premise
In-kind meals

Loding - MUST be a condition of employment

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43
Q

Cafeteria plans allow an employee to choose between ___ and ___

A

Cash & qualified benefits

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44
Q

FRINGE BENEFIT - CAFE PLAN

If employee chooses cash, the amt is treated as ___

If employee choose benefit, it is not ___

A

treated as wages

not taxable

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45
Q

INTEREST INCOME

Municipal bonds are ___ from gross income

A

excluded

46
Q

Amounts received from an annuity policy in the form of dividends are excludible when received ____ and up to the point where the dividend exceeds the ___

A

before the annuity begins and up to the point where the dividend exceeds the premiums paid

47
Q

GIFT & INHERITANCES

Property received as a gift/inheritance is ___ in gross income
Income earned from gift property is ___ in gross income
Property received from employer is what type of gift?

A

Not included
Included

Not a gift – it is payment for services

48
Q

When are prizes/awards NOT included in gross income?

A

Received in accomplishments from religous/educational/charitable achievement &&&&&

Didn’t seek the award & not requreid to perform the services && doesn’t take ownership to award (gives to government)

49
Q

Are employee awards/bonuses included in gross income?

A

yeppers

50
Q

Childs support. worker’s comp, compensatory damages from injury/sickness, state&local refunds when opted to use the standard deduction.,……what do these have in common?

A

EXCLUDED FROM GROSS INCOME

51
Q

Accelerated death payments received from a life insurance policy can be excluded from income if ___

A

the insured is terminally/chronically ill

52
Q

Annutiy income is tricky b/c a problem can ask for the included / excluded amount of gross income.

What is the excluded amt formula?
What is the included amt formula?

A

Included
Amt received - Excluded Amt

Excluded
(investment / Expected return) * amt recv’d

53
Q

T/F
Rebates are included in gross income
Medical cost reimbursements are excluded

Welfare/public assit. is included

A

F - excluded
True
False - Excluded

54
Q

Distributions from traditional IRAs are

____ included in gross income if the taxpayer only made deductible contributions to all of his IRAs

___ included in gross income if the taxpayer made nondeductible contributions to any IRA

A

Totally included

Partially included

55
Q

TRADITIONAL IRA

What is the excluded portion calculation?

A

(Nondeductible amt / IRA value at begin of year) * Distribution amount

56
Q

When must IRA owners MUST start taking distributions?

Taxpayers incur a 10% penalty on the taxable portion of trad. IRA if withdrawn before age ___, UNLESS:

A

59 1/2

Unless:
Disabled/Purchase home for 1st time/Paying higher ed expenses/ paying med expenses >10% of AGI

57
Q

ROTH IRA
Roth IRA distributions are ___ from gross income if qualifeid

What do you need to be qualified? (5)

A

excluded
1 Roth IRA owner must be 59 1/2 or older
2 Made to beneficiary or estate after owner’s death
3 Owner is disabled OR
4 Payment for first-time home buying expense
5 Must be in existence for at least 5 yrs

58
Q

When are withdrawals from a Roth IRA required to be made?

A

no requirement

59
Q

What is the most common source of business income?

A

Sole propreitorships

60
Q

Sole proprietor business income is hte difference between business ____ and business ___.
Net income is ___ in a taxpayer’s gross income and net loss is ___ to a taxpayer’s gross income

A

Income, expense

Net income is included, net loss is fully
deducted

61
Q

What type of taxes are sole proprietorship subjected to?

A

Self employment taxes

62
Q

SOLE PROPRIETORSHIP
Self employment taxes is computed on net busienss income of $___ or more
_% of any self employment tax paid is deductible from total income to arrive at a taxpayer’s ___

A

$400 or more

50%, AGI

63
Q

Net income is the difference between:

A

Total income less deductible business expenses

64
Q

Business expenses are deductible:

Cash basis taxpayers
Accrual basis taxpayer

A

Cash basis - year incurred

Accrual – year accrued for

65
Q

SPECIAL BUSINESS EXPENSE

Business gifts are deductible for (3)
Bad debts are deductible when?
Business NOL can be carried forward for how long?
Hobby expenses are dedctubile up to what?
How long can Hobby losses be carried forward for?

A

Deductible for: tax, mailing, wrapping cost
Deductible the year it becomes worhtless

NOL can be carried forward indefinitely
Hobby expenses are deductible up to the hobby income

There are no such thing as hobby losses

66
Q

Passive income is included in ___

Passive losses are limited to ___, but the excess passive losses can be ____

A

included in gross income

Losses are limited to the income, but the excess passive losses can be carried forward to offset future passive income.

67
Q

There are two categories of deductions, what are they?

A

Deductions for AGI (these deductions can be taken away even if the taxpayer doesn’t itemize

Deductions FROM AGI (standard vs. itemized deduction)

68
Q

What is above the line deduction also called?

A

Deductions FOR AGI

69
Q

Above the line deductions:

9

A
Educator expense
HSA 
Moving Expense
Self employment tax
Self employment retirement plan contirbution
Early savings withdrawl penalties
Traditional IRA contribution
Student Loan Interest
70
Q

Above the Line deduction:

How much can someone deduct educator expenses?
How much Self-employment tax be deducted?
How much can Self-Employment Retirement contributions be deducted up to?
How much is student loan interest deductible?

A

Educator: $250
SE Tax - 50%
SE Retirement Contributions - All of it
Student Loan Interest - Up to $2500

71
Q

IRA Deduction

A taxpayer may contribute up to the lesser of ____ or ____% of compensation

A

$5500 or 100% of compensation

$6500 if 50 or older

72
Q

Medical/Dental Expense/Taxes/Interest/Gifts to Charities/SALT (State and Local Taxes)

These are what kind of deductions?

A

Itemized

73
Q

Charitable gifts are contributions of moeny or property made to a _____

A

qualified organization

74
Q

CHARITABLE GIFTS
A taxpayer’s itemized deduction is limited to ___% of the taxpayer’s AGI
What if there is an amount in excess of 60% of AGI?

A

60% of tax payer AGI

carried forward if >60%

75
Q

What is the max deduction for mortgage interest?

A

$750K

76
Q

T/F - Points purchased for home interest is not prepaid interest

Not T/F - How are points deductible?
What are points also called?

A

False - yes it is

Points are deductible over the life of the loan (mortgage)

Loan discounts / discount points / loan origination fees

77
Q

Can points be deductible in full for the current year?

If the home is not the primary home, points must be ____

A

Yes - only if the home is the primary residence (you live there)

Points must be deducted over the course of the loan

78
Q

Investment interest expense is deductible up to ____

A

Up the taxpayer’s investment income

79
Q

What if investment interest expense is in excess of investment income?

What if investment interest expense is used for business/passive activities/personal purpose?

A

Carry forward to the next tax year

Allocate the expense

80
Q

What type of interest payments are NOT deductible?

5

A
Personal Interest
Service Charge
Loan Fee
CC annual/interest fee
Interest on loans to buy tax-exempt securiteis
81
Q

What can medical expenses be deducted?

What is the calculation for deductible medical expenses?

A

If it exceeds 10% of AGI

Calculation: Total Medical expense - Insurance Reimbursemnet -10% of AGI = Deductible Med. Expense

82
Q

When are capital expenditures deductible for medical expenses?

A

Only when the Cost exceeds the increased value of the property

Ex: $10 increase in value, $20 medical capex = $10 deduction

83
Q

When are standard deductions higher than normal taxpayers? (2)

A

If: 65 or older, and/or, blind

84
Q

When are special standard deductions applicable?

A

When taxpayers can be claimed dependent on another’s return

85
Q

BLINDNESS
When is blindness determined ((what time throughout the year)?

What if the person is not “totally” blind, what do you need? What must be included from the thing you need?

A

Detremined on last day of year

You need a certified statement from eye doctor. It must state

  1. Cant see better then 20/200 w/ glasses or contacts. ORRR
  2. Field of vision is 20 degrees or less
86
Q

What two tests must be satisfied in order to deduct any tax at all?

A

Tax is imposed to the taxpayer and tax is paid during the tax year

87
Q

Are State and Local personal property tax based on the value of the item deductible?

Taxes on property producing rent/royalty income deductible?

A

Yes to both

88
Q

Are these taxes deductible?

Fed tax, FICA, estate/gift tax, excise, per capita tax, fine & penalties, Homeowners association charges

A

NOPE

89
Q

Gross income includes domestic & ___ income

A

Internationally

90
Q

Filing status means what

A

If you single, MFJ, HoH, etc

91
Q

Taxpayers are considered 65 on the day____

A

before their birthday

Only example: b-day is 1/1/Year 2…..then in year 1, the person is 65

92
Q

If one spouse dies during the year, then the they are considered to be ____

A

married throughout the entire year

93
Q

People can file as MFJ only IF (2):

A

EAch spouse files separate return &&&& Each spouse must file the same deduction

If one spouse itemizes, the other has to as well

94
Q

When can someone file as a qualifying widow w/ dependent child? (4)

A
  1. IF the widow could’ve filed MFJ the year the spouse died
  2. widow hasn’t remarried
  3. TP has a child/stepchild being claimed as a dependent
  4. Child lived @ tp all year
95
Q

When can someone file as HoH? (3)

A
  1. Unmarried on last day of yr
  2. pays more than half of the upkeep on home
  3. Qualifying person lives w/ them for more than half the year
    (examples of qualifying persons: child or qualifying relative (immediate family))
96
Q

Do the parents have to live w/ the taxpayer in order to qualify as a “qualified relative” for the TP to file as HoH

A

Nope

97
Q

How long do you get (extension) if you file the Form 4868?

A

6 months

98
Q

What happens if you file late?

A

Penalties & Interest

99
Q

When can you file an amended return? (2)

A

Within 3 years of the date of hte original return ORRR 2 years after the date the taxpayer paid the tax. Whichever is later

100
Q

When must tax assessments be performed?

A

Within 3 years of the filing or 3 years of the due date, whichever is later.

101
Q

If no tax return is filed or a fraudulent return is filed, what can be made?

A

tax assessment

102
Q

There are two types of tax credits - what are they? & Define them

A

Nonrefundable - if person’s tax credit is more than tax liability, the excess is NOT refunded to the TP

Refundable - if tax credit is more than tax liability, it is refundable

103
Q

What type of income must someone have in order to claim the child credit?

A

Earned income

104
Q

A TP can take either a ___ or a ___ for income taxes paid to a foreign country

A

credit or deduction

105
Q

If a TP chooses to take the credit option of the taxes paid to a foreign country, what does that mean?

If a TP chooses to take the deduction option of the taxes paid to a foreign country, what does that mean?

A

Credit: Credit reduces TP tax liability

Deduction: Deduction reduces TP taxable income

106
Q

If you’re a qualifying child, can you receive EIC credit?

Can you get the EIC credit if you file as ingle?

A

No to both

107
Q

How can someone receive the Family Care Credit?

A

If TP has an adult dependent

108
Q

Lifetime Learning Credit

Can someone claim the lifetime learning credit on post-secondary education or courses to improve job skills?

A

Yep

109
Q

What kind of tax is it called for a child to have unearned income?

What is considered a child?

A

Kiddie Tax

Under age 19, by end of year
Under 24 by year end if full-time student

110
Q

Amounts in excess of the child’s tax rate for kiddie tax is taxed at what rate? (not a %, but whats it called?)

A

Estate Tax rate -37%

111
Q

In the case of self-employed taxpayers, they pay both ___ and ___ portions of medicare tax?

A

Employer & Employee

112
Q

Is medicare tax imposed on unearned income of individuals/estate/trusts?

A

Yes