Tax Flashcards
Realized Gain vs Gain recognized
Realized gain is economic transaction; Recognized gain is reportable gain on tax form
Definition of Alimony and Child Support
Alimony: Spousal support, to maintain spouse’s standard of living
Child support: pay to meet basic needs of a child
How to increase basis and decrease basis?
Increase basis:
pay for it
inherit/receive a gift
recognize a gain/tax(reinvest dividends or capital gains)
improvements/capital additions
cost to acquire(sales tax/freight) installation costs
Decrease basis: depreciation
What kind of assets are depreciable?
business assets(real estate or personal property used in business)): 1231 assets ( machinery, plant, equipment etc)
Catpial assets
Ordinary Income Assets
Section 1231 Assets
Gains and losses, good or bad?
Capital assets: “gains are good(LT,ST, OI, CG), losses are bad(capped at 3k)”
Ordinary: gains are bad (37%), losses are good (no limitation)
Depreciable Section 1231 assets: Gains are good(OI or capital gain), losses are goods(ordinary loss)
What asset type is Accounts receivable, Copyrights, Inventory?
Gains and losses, good or bad?
Ordinay Income Assets
Ordinary: gains are bad (37%), losses are good ( no limitation)
Is the 3k max loss deduction is per person or per return?
MFJ couple, 3k max loss deduction per return
STG: $5,000, STL: $12,000, LTG: $10,000, LTL: $17,000. What is the tax consequences for this year and next year?
This yr:STL=7k, LTL=7k , ONLY 3k STL could be taken this year, carryover 4k STL and 7k LTL.
Make sure to use STL first!!!
2nd yr: start with 4k STL, 11k LTL
How is section 1245 taxed?
Ordinary Income Gain. Depreciable personal property (Machinery, equipment, etc), recapture depreciation part.
How is section 1250 taxed?
25% of recapture rate of Depreciable Real Property (Real Estate and building);
What asset type is a completely useless business?
Section 1231 Asset
How is clothes being sold in a local store taxed?
Inventory. Ordinay Income Assets
Ordinary: gains are bad (37%), losses are good ( no limitation)
What asset type is Stocks, bonds, etfs, MLPs, UITs, Publicly traded partnership?
Capital assets
Client have ABC stock and want to sell their shares, how does your client decide basis when they sell their shares?
Could use Specific ID(pick and choose by client) or FIFO
Client have XYX Mutual Fund and want to sell their shares, how does your client decide basis when they sell their shares?
Could use Specific ID(pick and choose by client) or FIFO or average cost(No Calculation!)
If the price of the property drops down, what should you do?
Sell it or give away.
When is double basis rule applies and which type use what basis?
Applies for property gifted when the FMV is less than the donor’s basis.
Basis to donee is FMV for losses, donor’s basis for gains, no gain or no loss if sold between FMV and donor’s basis.
What is the holding period for gift tax paid situation?
Donee’s holding period is equal to donor’s holding period!!
Is child support taxable, deductible?
Child support is not taxable, not deductible.
How is alimony taxed?
2019 and after: Alimony no longer income to payee, no longer deductible
By 12/31/2018: payer deductible, income to payee
What is the tax consequence of divorce fee?
Not deductible, subject to 2% deduction
What is the holding period of Related party buy/sell?
New holding period for buyer!
What relatives does not belong to related party?
brother in law, uncles/aunts or cousins
Section 179
Depreciation “immediate expensing” $1,160,000, $2,890,000.
If you want to deduct $1,160,000 has 2 limitation: income, total cost requirement.
Section 179 deduction: If equipment cost $2,900,000, how much can you deduct?
$2,900,000- $2,890,000=10k, max deduction is $1,150,000.
How is rental property taxed if the client also for their own use?
Personal: rental<15 days no tax; no deduction. The mortgage interest and property taxes are treated as if on personal residence.
Rental: rental more than14 days and the client’s personal use does not exceed the greater of 14 days or 10% of the rental days; can take true loss up to 25k phaseout 100k – 150k
Others: Mixed use rental>14 days and the client used too much; cannot go negative; if you have 25k in loss, must have 25k in gain to offset
If you client plan to rent 150 days, how many days can the client use it without hurting its status of rental property?
15 days
Sale of personal residence exclusion requirements
Own and Use home as principal residence for two of the last five years, and Have not used the exclusion within the prior two years
Own: only 1 spouse need to meet
Use: each person calculate seperately
1244 Stock
Qualified small business stock.
Sold at gain— LTCG/STCG.
Sold at loss— Single the first 50k subject to ordinary loss; MFJ the first 100k subject to ordinary loss.
If give to child, child could use it.
Client, single, age 48, sold 1244 Stock at $60,000 loss on the sale. Tax consequence?
$50,000 ordinary loss, $3,000 capital loss, carryover 7k capital loss for the following year
Own it, buy more and 10 days later sell at loss. Is this transaction wash sale ?
Wash sale
XYZ stock, sell at loss, buy XYZ call option five days later in her IRA, is this transaction wash sale ?
Wash sale, does not matter if tax deferred or not
1035 Exchange
Insurance to insurance, annuity to annuity, insurance to annuity
Property transfers between ex-spouses, what is the tax consequence and holding period?
No tax, carryover basis, carryover holding period
Like Kind exchange 3 Rules
- Must recognize gain to the extent you receive BOOT
- Liabilities being assumed from you (reduced) = boot
- Related party sells within 2 years —-both pay tax on deferred gain
What is the tax consequence of section 1031 if person trade up?
Person trade up, no recognize gain, increase basis by boot