Tax Quizzes Flashcards
Unearned Income is…
Interest
Dividends
Capital gains
Royalties
Rents
Pension and annuity income
Unearned income from trusts
Section 1231 specifically includes certain property, such as:
Timber
Coal
Iron Ore
Certain Livestock
Unharvested crops (under certain conditions)
Tom bought 10,000 shares of stock at $10/share in a company. Now stock is worth $200,000 and paying $8,000 dividend/year. Tom feels stock will continue to appreciate at 12% each year, including dividend. Wants to establish college fund for two daughters age 19 (not in school yet) and age 9. Name two implications of gifting 2,500 shares of stock to each daughter.
Gives 2,500 shares to older daughter = All dividends will be taxed in her income bracket
Gives 2,500 shares to younger daughter = All dividend income that exceeds $2,300 will be taxed at parent’s rate.
What credentials permit an individual to appear before the IRS on behalf of a client?
Enrolled Agent
CPA
Attorney
Roger is a SE physician and uses CFP services. What schedules can Roger deduct the CFP’s fee on?
Tax planning for the business is deductible on Schedule C
CFP services to an individual are NOT deductible
Basis in property transferred between spouses or former spouses incident to a divorce
Transfer will be treated as if it were acquired by gift and the transferor’s basis in the property will be carried over to the transferee.
A cash-basis taxpayer includes income from a service business when the…
Client’s check is received
Contractor purchased tractor for use in business for $25,000 plus $1,250 in sales tax. Local municipality also imposes annual property tax of $500. Expected useful life of 5 years. What is the basis in the tractor for depreciation?
Basis = Purchase Price + any addition to place the property into service.
$25,000 + $1,250 = $26,250
Personal property tax is an annual executory cost, not included in basis.
Client sold apartment building for $100,000 paying sales commission of $5,000 plus $2,500 closing costs. Original cost was $80,000, total straight line depreciation of $40,000 had been taken. Had a mortgage of $60,000 assumed by buyer. What is the purchaser’s basis?
The buyer’s cost basis will be $100,000, the purchase price of the building.
Client sold apartment building for $100,000 paying sales commission of $5,000 plus $2,500 closing costs. Original cost was $80,000, total straight line depreciation of $40,000 had been taken. Had a mortgage of $60,000 assumed by buyer. What is the seller’s adjusted cost basis?
Equal to the purchase price minus the depreciation, commissions and closing costs reduce the net sales price.
$80,000 - $40,000 = $40,000
A minority non-employee shareholder in an S Corporation…
Received comp when corp declares dividend
Votes for board at annual meeting
Receives annual K-1
Reports on personal income tax return the pro-rata shore of corporate profit or loss
What is the best source for obtaining information about the intent of a very recent change in the tax law?
Congressional Committee Reports
What imposed the first constitutional federal income tax?
Revenue Act of 1913
Revenue rulings are based on a set of facts…
common to many taxpayers.
Determination letters are issued at the request of a taxpayer by the district director of the IRS when…
the taxpayer has already engaged in a transaction and would like to know how to report the transaction for tax purposes.
In what venue is a jury trial available for tax controversies?
US District Court
What is the best source for obtaining a plain language understanding about the current tax law?
Commerce Clearing House Federal Tax Guide.
Sources of “substantial authority” available for tax research include:
Internal Revenue Code.
Congressional Committee Reports (Blue Book).
Treasury Regulations.
Private Letter Rulings.
What generates the largest percentage of gross collections for the Internal Revenue Service?
Individual income taxes make up nearly 50% of the gross collections by the Internal Revenue Service.
The statute of limitations for the collection of a deficiency by the IRS is…
The statute of limitations of fraud for the IRS is…
The general statute of limitations under Section 6501 is…
The statute of limitations for a substantial understatement of income greater than 25% is…
10 Years
There is no statute of limitations for fraud
3 Years
6 Years
Our tax laws encourage taxpayers to…
Sell investment assets that have declined in value, but keep those investment assets that have appreciated.
Characteristics of Section 179 Deduction
Upfront business deduction, now at $1,080,000 (2022) that can be used by businesses to reduce tax liabilities.
Any asset value placed into service over $2,700,000 reduces the deductible maximum of $1,080,000 dollar for dollar.
Section 179 is one year deduction.
Section 179 does not apply to personal assets.
Claiming Section 179 expense immediately…
reduces the basis of the property by whatever the amount claimed (not to exceed original cost).
During the current year, JoAnne’s business made net income before any Section 179 deduction of $15,000. She added an allowable Section 179 asset to her business valued at $150,000 as of the first of the current year. What can she deduct under Section 179 in the current year?
$15,000
Section 179 deduction cannot exceed net business income in a given year. The rest of the Section 179 deduction can be carried over, but a 179 deduction cannot be used to create a business loss. Therefore, they would only be allowed to deduct $15,000 for the current year and carry forward $135,000.
When do the recapture rules for Section 179 apply?
When the asset is sold before it would have been fully depreciated.
When the business use drops below 50%.
Chelsea had to put more money into her rental property this year. She had the exterior of the rental home painted and the roof replaced at a cost of $12,500 and $18,000, respectively. How much is depreciable?
$18,000
Painting, inside or out, is considered a repair, which is immediately expensed. The roof replacement is an improvement that substantially prolongs the asset’s life, which is capitalized and depreciated over the useful life.
Qualified private-activity municipal bond interest and the excess of percentage depletion over the property’s adjusted basis are…
Preference items or adjustments for purposes of AMT
Add-back items for purposes of AMT
Depreciation of property placed in service after 1986.
Passive activity losses.
The standard deduction, if taken in lieu of itemized deductions.
Giselle became an AMT taxpayer last year. She had to add several items to her regular taxable income in arriving at alternative minimum taxable income. Which of the following items will result in an AMT credit that can be used to offset future regular tax liability?
A $75,000 difference between the fair market value of stock and the strike price in the incentive stock option used to purchase the stock.
The inclusion of the difference between the fair market value and exercise price of the stock options will result in a credit that Giselle can use against future regular income tax liability
State income taxes deducted as an itemized deduction will be…
added back into regular income to calculate Alternative Minimum Taxable Income.
Flow Through Entities (6)
GP
LP
LLP
FLP
LLC
S Corp
If the business is deemed to be a PHC by the IRS…
penalty tax of 20% can be imposed on the undistributed personal holding company income.
Brady is starting a new business where he will be the sole owner. He would like to have limited liability, but he would prefer flow-through taxation because he expects to have losses in the first few years. He is not concerned about incurring self-employment taxes. What entity would best suit Brady’s needs?
A Single-member LLC.
Lowest cost entity…
Medium cost entities…
Proprietorship
GP and LP
Entities with no personal liability of investors for enterprise debt…
LP (if limited partner)
LLC
S Corp
C Corp
Entities with no annual state filing requirement
Proprietorships
GP
Entities with restricted number of owners
Proprietorship (One)
S Corp (100)
Entities with K-1s
GP
LP
LLC
LLP
FLP
S Corp
If interested in taking the company public in the future an LLC…
Is an inappropriate entity,
Entities without SE income
S Corps and C Corps (W-2)
Characteristics of a C corporation
The number of shareholders is unlimited.
The bankruptcy of a major shareholder has NO effect on the business form.
Shareholder liability is limited.
The primary purpose of a FLP is to…
Upon creation of a FLP…
transfer assets to younger generations of a family using annual exclusion gifts and valuation discounts.
there are neither income nor gift tax consequences because the entity created is owned by the same person, or persons, who owned it before the transfer.
A shareholder in an S corporation…
restricted to individuals who are either US citizens OR US residents, estates, certain trusts, and charitable organizations
Votes for the Board of Directors at the annual shareholders’ meeting.
Receives a K-1 annually in order to prepare a personal income tax return.
Reports on a personal income tax return a pro-rata share of corporate profit or loss.
In the current year Harold had a Section 1231 gain of $13,000. In the prior years, Harold had the following Section 1231 transactions:
Year Net Section 1231 Transaction
2021 $4, 000 Loss
2020 $2,000 Loss
2019 None
2018 None
2017 None
2016 $8,000 Gain
2015 $2,000 Gain
2014 $2,000 Gain
How will Harold’s Section 1231 gain be taxed in the current year?
5-Year Look-Back Rule:
Harold would have to recognize $6,000 of his 2022 gain as ordinary income since in 2021 and 2020 he had Section 1231 losses. The remaining $7,000 of Harold’s Section 1231 gain ($13,000 - $6,000) would be treated as a Section 1231 capital gain.
The basis of depreciable property begins with…
the acquisition costs plus any additional expense necessary to acquire or making such property ready for use.
Section 1245 recapture is applied to…
the sale of depreciated assets
Section 1245 recapture does not apply to business equipment held for 17 months or longer if…
The property was abandoned as worthless.
Section 1250 gain applies to…
the realized gain on real property where the accelerated method was used. The gain is the excess of accelerated over straight line (ACRS). Section 1250 gain is taxed as ordinary income. Under current law (MACRS), only straight line depreciation of real property is used.
Kate owns a downtown office building. Kate originally purchased the building for $900,000 and took depreciation deductions of $400,000. Kate is in the 37% tax bracket. Straight-line depreciation would have been $400,000. What are the tax consequences if Kate sells the building for $2,100,000?
Sale Price $2,100,000
Less Adjusted Basis $500,000 ($900,000 - $400,000)
Equals Gain $1,600,000
Breakdown of Gain
$400,000 Straightline Depreciation Recapture (25%)
$0 Excess Depreciation (Ordinary Income)
$1,200,000 Gain (Capital Gain)
The capital rate in this case will be 20% because she is in the 37% tax bracket.
Depreciable property or real property used in a trade or business is a ____ asset
1231
Section 1245 recapture applies when…
All or a portion of gain on tangible personal business property resulted from depreciation taken.