Tax Planning Flashcards

1
Q

Generally, an allocation of partnership income or loss is not certain to be recognized unless the partnership maintains ______________ in accordance with partnership allocation rules.

A special basis adjustment is reflected in ______________ only if it is allocable, under the basis adjustment rules, to property the partnership currently owns, and the change in the property’s tax basis also increases or decreases its book value on the partnership’s records.

A

capital accounts

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2
Q

Kacy’s business generated revenue of $2,300,000 and she was paid $1,700,000 in income from the business last year. Kacy is in the 40% income tax bracket. She paid $561,000 in tax. What was Kacy’s effective tax rate?

A

33%

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3
Q

If an individual taxpayer contributes long-term capital gain property to a qualified private foundation and wants to deduct fair market value of “qualified appreciated” stock, the deduction would be subject to what limit?

A

20 percent of the taxpayer’s AGI

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4
Q

The amount of capital losses allowed to offset ordinary income in a given year is ________.

A

$3,000

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5
Q

The form provided to partners that details information about the partner’s distributive share of the partnership’s income or loss from business items and separately stated items, such as dividend income, capital gains and charitable donations is called __________________.

A

Schedule K-1

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6
Q

The TCJA of 2017 changed the Kiddie Tax rules so that certain unearned income of children (some up to age 24) would be taxed at the __________________, not as was taxed formerly at the ________________.

The SECURE Act reversed this part of the TCJA beginning in 2020 and beyond but gives taxpayers the choice of tax law application in 2018 and 2019.

A

estate tax rates; parents’ ordinary income rates

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7
Q

The income tax basis of property acquired from a decedent is generally __________________.

A

fair market value of the property on the date of the decedent’s death

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8
Q

A trust must pay income taxes on income received by the trust, subject to certain exceptions. The general rule is that ______________________________________________. The trust must also pay income taxes on other items of income received.

A

the trust must pay taxes on capital gains except in the final year of the trust when capital gains pass through to and are taxable to the beneficiaries.

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9
Q

I. Self-employed health insurance
II. Qualified home mortgage interest deduction
III. Qualified medical expenses
IV. State and local taxes paid
V. Alimony paid
VI. IRA and retirement plan contributions
VII. Charitable contributions

A

qualified home mortgage interest deduction; qualified medical expenses; state and local taxes paid; charitable contributions

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10
Q

What are the estimated tax payment rules that taxpayers must follow in order to avoid interest/penalties?

A

If prior year AGI was $150,000 or less, to avoid underpayment penalties, pay 100% of prior year tax or 90% of current year tax, whichever is less.

If prior year AGI was over $150,000, to avoid underpayment penalties, pay 110% of prior year tax or 90% of current year tax, whichever is less.

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11
Q

Ross buys shares of small cap index ETF for $250,000 and sells them for $175,000 12 months and ten days later. Ross has second thoughts and buys shares of the same fund for $100,000 15 days after he sold shares. What are the tax ramifications of these transactions?

A

long-term capital loss of $75,000 disqualified initially for tax purposes but added to basis of the new transaction

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12
Q

Thomas exercised 1,000 incentive stock options (ISOs) of his employer, Drums, Inc. The exercise cost was $8 per option at the same time the stock was trading for $60 per share. Thomas pays the company $8,000 and, in return, receives stock valued at $60,000. For regular tax purposes, Thomas [does / does not] report income for regular tax purposes; for AMT purposes, he has a positive adjustment of $____________________.

A

does not; $52,000

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13
Q

Generally speaking and in most partnerships when income is distributed to a partner, she pays taxes on the income and/or her basis goes _________; and when she contributes property or assets to the partnership, her basis goes _________.

A

down; up

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14
Q

To qualify as Section 1244 stock, the stock must be issued _____________________________. A corporation is not a small business corporation unless the aggregate amount of money and other property received by the corporation for stock, as contributions to capital, and as paid-in surplus ____________________. If property is received for the stock, it is valued for purposes of the $1 million limitation based on its adjusted basis, reduced by any liability to which it is subject.

A

when the corporation is a small business corporation; does not exceed $1 million

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15
Q

The following term is used to describe a strategy in which one intends to allocate income to different individuals or entities for which lower rates are available. U.S. tax law often prohibits such; consequently, taxable income is ultimately taxed at higher rates.

A

tax bracket stacking

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16
Q

Typically, trusts are only taxed on which of the following?

A

capital gains and undistributed distributable net income

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17
Q

hich of the following are included for calculating gross income?

I. alimony received
II. pension distributions
III. prizes and awards
IV. gifts and inheritances
V. qualified muni-bond interest
VI. qualified scholarships
A

II & III only

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18
Q

Mike donates long-term gain property worth $800,000 to a qualified public charity. Mike’s adjusted gross income is $2,000,000. Mike’s basis in the property for tax purposes is $700,000. What is the maximum deduction Mike can take this year based on these facts?

A

$700,000 (FMV up to 30% or basis up to 50% of AGI)

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19
Q

For 2018 and beyond, there is a limit to the amount of qualified residence interest that is deductible for loans taken after 12-15-2017.

The aggregate amount of acquisition indebtedness may not exceed _________ and the aggregate amount of home equity indebtedness may not exceed _________; interest attributable to debt over these limits is nondeductible personal interest.

These amounts are halved for a married individual filing a separate return.

A

$750,000; $0

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20
Q

The basis in a partnership _________ by ordinary business income, capital gains and dividend income; and __________ from ordinary business loss, capital loss and cash distributions.

If a partner is allocated income (taxable), but receives no cash distribution of that income, the partner is _____________ in the partnership.

A

increases; decreases; increasing his basis

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21
Q

Jack gave his daughter, Ellen, a limited partnership interest in a real estate activity. Suspended losses amounted to $30,000. Jack’s adjusted basis at the time of the gift was $40,000 (fair market value was greater than $40,000). What is Ellen’s basis in the property?

A

$70,000

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22
Q

A loss of up to _________ (for those married filing jointly) may be taken for qualified Section 1244 stock. Additional losses are treated as ____________. In order to qualify as Section 1244 stock, all money and other property received for stock, contributions to capital, or paid-in-surplus must not have exceeded ________.

A

$100,000; capital losses; $1 million

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23
Q

Which of the following are NOT accurate when describing Uniform Transfer to Minors Act (UTMA) and Uniform Gift to Minors Act (UGMA) accounts?

I. Account is opened in the name of the child and his/her tax ID number is used.

II. Income from an UTMA or UGMA is not subject to the “kiddie tax rules.”

III. Based on amount, the income may be: untaxed, included in child’s taxable income, or included in parent’s taxable income.

IV. Income from an UTMA or UGMA does not impact AMT liability.

A

II & IV only

24
Q

For purposes of determining “above-the-line” and “below-the-line” deductions, the “line” is _______________.

A

adjusted gross income

25
Q

Which of the following statements are NOT accurate?

I. The highest long-term capital gains rate is 35%.
II. Ordinary income tax rates for individuals stop at 37% (not including the Medicare tax).
III. Tax rates on collectibles go up to 25%.
IV. Current AMT rates are 20% and 25%.

A

I, III, & IV

26
Q

Currently individual taxpayers pay a ________% surtax on __________________ when modified AGI is above ___________ for those married filing jointly (MFJ).

A

3.8%; certain net investment income; $250,000

27
Q

Which of the following statements are true regarding the calculation of income tax liability?

I. The standard deduction or itemized deductions are subtracted from gross income to arrive at adjusted gross income.

II. Credits are applied to reduce taxable income.

III. The standard deduction or itemized deductions are subtracted from adjusted gross income to arrive at taxable income.

IV. The number of exemptions (personal and dependency) may need to be adjusted to arrive at taxable income.

A

III & IV only

28
Q

The tax structure of the individual AMT for those filing Married Filing Jointly (MFJ) is a two-tier progressive tax where:

A

The initial amount of AMT base is taxed at a 26 percent rate and any excess over that amount is taxed at 28 percent.

29
Q

For purposes of tax treatment under the IRC, income can generally be categorized into what three primary groups?

A

active, passive, portfolio

30
Q

Generally speaking, _____________________ is/are responsible for recourse debts while ______________________ is/are responsible for non-recourse debts.

A

the entity and individual; only the entity

31
Q

Page and Stephen claimed joint income of $1,400,000 last year. Which of the following are accurate for 2018-2025?

I. personal exemptions are reduced but not eliminated
II. personal exemptions are eliminated
III. itemized deductions are allowed
IV. itemized deduction limitations for high income earners are reduced but not eliminated

A

II & III

32
Q

Which of the following is NOT accurate as it pertains to the self-employment tax?

I. Social Security’s Old-Age, Survivors, and Disability Insurance (OASDI) program is taxed at a varying rate.

II. OASDI is taxed at 6.20% for employee and 6.20% for employer = 12.40% for self-employed.

III. Medicare’s Hospital Insurance (HI) program is taxed at a flat rate.

IV. HI is taxed at 1.45% for employee and 1.45% for employer = 2.90% for self-employed on a capped amount of net earnings from self-employed.

A

I & IV

33
Q

Identify strategies below that may help reduce or eliminate AMT:

I. defer or accelerate receipt of income
II. raise exposure to private activity muni-bonds
III. defer or batch deductions of state income or property taxes
IV. always claim the standard deduction
V. consider disqualifying dispositions of ISOs
VI. consider tandem exercise of ISOs and NSOs

A

I, III, V & VI

34
Q

A corporation can have its “S” election terminated if it has “excessive” __________ income for three consecutive years. This type of income is considered excessive if it exceeds ____% of the gross receipts of the S-corporation.

A

passive; 25%

35
Q

The highest federal income tax (not counting surtax) and long-term capital gains tax rates are currently ___________ respectively.

A

37% and 20%

36
Q

The so-called Medicare surtax on wages, compensation, and self-employment income over $250,000 (MFJ) is currently _____.

A

0.9%

37
Q

The healthcare surtax applied to net investment income for those with modified AGI above $250,000 (MFJ) is currently _____.

A

3.8%

38
Q

After passive loss rules have been applied, the sum of the allowable passive activity losses and non-passive business losses can only offset up to _________ of non-business income (for married filing jointly).

A

$500,000

39
Q

Non-grantor trusts hit the top ____ tax bracket at ________.

A

37%; $12,500

40
Q

Which of these are not considered pass-through entities for purposes of taxation?

I. S-corporation
II. C-corporation
III. Limited Liability Company
IV. Family Limited Partnership
V. Grantor Trust
VI. Irrevocable Non-Grantor Trust
VII. Section 529 Plan
A

II, VI & VII

41
Q

Which of the following items are generally added back to income when calculating Alternative Minimum Taxable Income (“AMTI”)?

I. excluded gain on sale of qualified small business stock
II. standard deductions
III. qualified spread on certain Incentive Stock Options
IV. charitable deductions
V. losses from qualified small business stock
VI. qualified mortgage interest
VII. tax-exempt interest on qualified private activity bonds

A

I, II, III, V & VII

42
Q

Max and Erika pay mortgage interest on $1.5 million of debt they have borrowed on their primary residence that is estimated to be worth $3.5 million. They also pay mortgage interest on $600,000 of debt they hold on their vacation home. They also did some remodeling on the primary residence in the amount of $350,000 for which they borrowed $200,000, and they pay interest on that debt. These mortgages were taken out in January 2018. What can Max and Erika deduct for purposes of calculating their regular taxable income?

A

qualified mortgage interest on up to $750,000 in debt which includes loans on up to two qualified homes, no interest deduction for home equity debt

43
Q

A wash sale occurs if the taxpayer sells or disposes of the stock or securities, and within ____ days before or after that date (the ____-day period) the taxpayer acquires, or enters into a contract or option to acquire, substantially identical stock or securities. When a loss is disallowed because of the wash sale rule, the disallowed loss is _________ the cost basis of the new stock or securities.

A

30; 61; added to

44
Q

The following formula….

Initial purchase
Plus contributions
Plus income and gains
Less distributions
Less deductions and losses

Equals __________.

A

basis

45
Q

Individuals may deduct qualified investment interest only to the extent it does not exceed their _______________________ for the year.

A

net investment income

46
Q

A taxpayer has the following transactions during the year: a $5,000 short-term capital gain, a $3,000 long-term capital gain and a $1,000 long-term capital loss. She also came into the year with an $11,000 short-term capital loss carryover. Which statement best describes her capital gain/loss position for the year:

A

A $3,000 deductible loss for the year and a $1,000 loss carryover to the next year.

47
Q

Place the following steps in order for calculating AMT.

I. Preliminary AMT – Tax Credits = Tentative AMT

II. Taxable Income +/− AMT Adjustments + AMT Preference Items = AMTI (“alternative minimum taxable income”)

III. AMTI − Exemption Amount (subject to phase out) = AMT Base

IV. Tentative AMT − Regular Tax = AMT Due

V. AMT Base × AMT Rate(s) – Preliminary AMT

A

II, III, V, I, IV

48
Q

Current ordinary income rates are 40%, capital gains rates are 20%, and Tom’s marginal tax rate on income from retirement accounts will be 40% this year. Tom’s retirement investment portfolio receives qualified dividends of $200,000 this year. Tom is pleased as he has asked you to build his portfolio investing in equities, but particularly those that deliver consistent dividends in this, his IRA rollover account. Tom will receive a taxable distribution from this account of $300,000 this year. What will Tom pay in taxes on his distribution this year?

A

$120,000

49
Q

Steve is sole shareholder of a corporation that has $50,000 in current accumulated earnings and profits. His basis in the stock is $5,000. The corporation distributes $70,000, which is not compensation. ________ is treated as dividends and taxed as ordinary income, _________ is treated as a return of capital investment (basis is reduced to zero) and ________ is treated as capital gain.

A

$50,000; $5,000; $15,000

50
Q

The Smith’s family limited partnership generated $330,000 of income this year. Dr. Stacy and Mr. Bill Smith are the general partners, each owning 1% of the partnership where the children and grandchildren, all limited partners, own the remaining 98% in aggregate. Which of the following is accurate as it relates to the current income and its ultimate distribution?

A

Stacy and Bill may determine the amount and allocation of the distribution at their discretion.

51
Q

Your client sold property to a buyer who paid her $400,000 cash and assumed an existing mortgage of $150,000. The property had cost $250,000 and she had made improvements of $50,000. Depreciation of $100,000 has been claimed and selling expenses were $20,000. What is the amount of gain?

A

$330,00

52
Q

Section 1202 Stock

A

Gain provision; exclude up to $10M realized on the disposition of qualified small business stock (gain above this amount taxed at 28%).
Must have purchased stock at issuance or received as compensation. Corporation’s gross assets before or immediately following issuance = $50M.

53
Q

Section 1244 Stock

A

Loss provision; Deduct up to $50,000 ($100,000 MFJ) against ordinary income. Excess is capital loss.
Stock in C- or S-corp w/ total capitalization = $1M at the time the stock is issued. Only individuals who are original holders of the stock.

54
Q

Five categories of itemized deductions?

A

Medical expenses over 10% of AGI; state income taxes, sales taxes, and real estate taxes up to $10,000; mortgage interest on up to $750,000 principal for acquisition indebtedness; investment interest expense to the extent of net investment income; charitable deductions subject to AGI limits

55
Q

3.8% Medicare surtax applied to the lesser of _________ or _________in excess of a threshhold amount.

A

excess MAGI, net investment income

56
Q

An activity is presumed to be for profit if it generates profits in any ___ out of ___ consecutive tax years (two out of seven years if related to horses).

A

three, five