Taxes Flashcards

(102 cards)

1
Q

Hobby loss rules?

A

Income is reportable

Any activity generating net income profit in three out of five consecutive years is a business not a hobby

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2
Q

Five basic categories of taxpayers who may be required to file

A

Individuals ( U.S. Citizens.) make at least $400 a year.

Dependence

Children under age 24 ( Kiddie Tax)

Self-employed

Aliens

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3
Q

Penalties for a frivolous return

A

$5000

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4
Q

What is the penalty for negligence?

A

Accuracy related

Penalty is 20% of the underpayment attributed to the negligence

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5
Q

What is the penalty for fraud?

A

Intent to cheat

Penalty is 75% of the portion of a tax underpayment attributable to fraud

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6
Q

What is the penalty for failure to pay?

A

.5% per month of the tax due each month with a maximum of 25%

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7
Q

What is the penalty for failure to file?

A

5% of the tax due each month with a maximum of 25%

Best practice is to file

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8
Q

What is the estimated tax that should be paid to avoid the penalty for 2024?

A

Pay the lesser of the following

  1. 90% of current years tax liability or.
  2. 100% of the prior years liability. ( or 110% if the prior years adjusted gross income exceeded $150,000. )
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9
Q

What are exclusions from gross income?

A

Gifts

Inheritances

Child support

Municipal bond interest

Worker’s Compensation payments

Compensatory damages

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10
Q

What is the tax calculation?

A
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11
Q

What is the tax calculation?

A
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12
Q

Fringe benefits

A

Tax-free

Health premiums

Company car business purposes

Commuter highway vehicle and transit pass $315 a month

$5000 dependent care

Employer provided education assistance, 5250 per year

Parking spots subsidize parking $315 a month

Discount on company products cannot exceed employers, gross profit percentage

Occasional overtime, meal cab, fair Theatre or sporting event tickets no season tickets

Discount on services limited to 20%

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13
Q

Fringe benefits that are taxable

A

Health insurance premiums for self-employed partners, and more than 2% owners of S corporations

Hundred percent deductible as an adjustment to income

Does not include disability insurance premiums

Doesn’t include all types of health insurance programs like medical, dental, and long-term care

Insurance premiums your employer pays on group life policy in excess of $50,000 of death benefit if the plan is non-discriminatory

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14
Q

AGI is total income less adjustments. What are the main adjustments or deductions from income?

A

IRA contributions

Student loan interest up to $2500

Koegh or SEP

Self-employment tax

Certain alimony paid, if divorce is settled before December 31, 2018

100% self-employment health insurance

Moving expenses, active military only

Penalty for early withdrawal of savings

Health savings account HSA

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15
Q

What is modified adjusted gross income MAGI?

A

It is AGI plus tax, exempt interest, non-taxable, Social Security income, student loan, interest, and other items

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16
Q

What are the extra standard deductions that are added to the standard deduction?

A

Age 65 or older and or blind is $1550 and it is $1950 for single blindness has no age requirement

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17
Q

What are the itemized deductions on schedule a

A

Medical dental and qualified, long-term care, expenses, greater than 7 1/2% of AGI

State and local sales tax up a limit

Personal property tax up to a limit

Real estate taxes up to a limit

Mortgage insurance qualified residence less than $100,000 of AGI

Home mortgage interest

Charitable gifts

Investment interest

Casualty losses must be from a federally declared disaster area

Note: state, local, sales, real estate and personal property taxes are limited to $10,000

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18
Q

What are the qualified residents interest rules?

A

Only interest paid on the first $750,000 is deductible. Must itemize deductions on schedule a.

Includes principal mortgage and a home equity loan

Interest on a primary mortgage up to 1 million taken out before 12/15/17 is grandfathered

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19
Q

The maximum deduction allowed for interest incurred on investment indebtedness is…

A

Limited to the taxpayers net investment income

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20
Q

What is the calculation for a casualty loss deduction?

A

Step 1: use the LESSOR of basis or FMV

Step 2: subtract any insurance coverage

Step 3: subtract $100 (Floor)

Step 4: subtract 10% of AGI

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21
Q

Can the deduction for an office in a home create a loss?

A

No

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22
Q

For any exam questions related to personal exemptions the answer is what?

A

Zero

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23
Q

Employers are required to withhold and report Medicare tax on what for all wages over 200,000

And what Medicare tax are they to withhold for less than 200,000 of wages

A

2.35% all wages over $200000

1.45% all wages under $200,000

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24
Q

Under the kitty tax rules if the child has earned income greater than the standard deduction of $1300 what is the standard deduction?

A

If a child has earned income, that is less than the standard deduction for a single individual that is the child’s earned income plus $450

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25
Self-employment income doesn’t include what?
Dividends or interest on investments Gains or deductions for losses from property, securities, or commodities Real estate income or rent paid Distributive share of income or loss of a limited partner Wages from an S corporation Distributions (K1 income) from an S Corp.
26
Self-employment income does not include what?
Net schedule C income General partnership income (K-1) Board of directors fees Part-time earnings (1099)
27
Any distribution from an S Corp. is not self-employed income it is either what?
Salary or investment income
28
Self-employed persons pay their own Social Security and Medicare taxes as part of their income tax. It is based off of self-employment income. How do you calculate it?
Calculate the total self-employment income then multiply by .1413 and round up
29
How is self-employment tax paid and how is it treated on the on the form 1040?
It is added to the taxpayers income tax liability than half is subtracted on front of the form 1040 and it is an above the line deduction
30
What is the credit for child and dependent care expenses?
Up until age 13 Credit is a percentage of expenses for care of a dependent Limited to $3000 for one dependent or $6000 for two or more dependence Depending on income a credit percentage of 20% applies Example: $8000 in childcare for two children. Max is out the $6000. So that is $6000 x 20% =$1,200.00 that can become claimed If had been $1000 then they do not hit the limit so it $1000 x 20% =$200.00 can be claimed
31
What is the child tax credit?
$2000 for each qualifying child under age 17 Reduced by $50 for each $1000 above $400,000 MAGI MFJ and $200,000 MAGI unmarried Up to $1700 per child is a refundable tax credit Also a $500 family credit for each dependent who is not a qualifying child such as 17 or older, elderly parents, a disabled adult, child, etc., presuming that the taxpayer provides more than 50% of their support same phase out thresholds apply
32
If a company maintains inventory, what accounting method cash or accrual, should it use?
Accrual
33
Can an S corporation adjust future years income due to prior years net operating losses?
No, because corporations cannot utilize net operating losses because they already pass through annual losses
34
What is a sole proprietorship and what are its advantages and disadvantages?
Distinguishable from the owners personal affairs for both legal and tax purposes Advantages: Availability of retirement plans (Koegh, Sep) 100% of medical insurance premiums deductible No legal formalities Conduit of income or losses to owner files on schedule C Disadvantages: Unlimited liability Business dies with owner Capital structure depends on the owner’s personal resources
35
Advantages and disadvantages of a partnership (general partnership)
Advantages: availability of retirement plans (Koegh, SEP) 100% medical insurance premiums deductible Partnership agreement can be oral, written preferable Conduit of income or losses to owner Disadvantage: Unlimited personal liability Dissolves upon the death, bankruptcy, or incapacity of a partner Capital structure depends on resources of partners
36
What is the tax deduction for certain taxpayers of income from partnerships, sole proprietorship and other pass through businesses the taxpayer must have qualified business income QBI
May qualify to deduct up to 20% of their qualified business income QBI Depending on what tier they are in They may also offset losses from one pass through business to another pass-through business any losses that are not used can be carried forward to the next year
37
What are the three tears for allowing the 20% deduction on their pass-through income?
Tier one: Single taxpayers making less than $191,950 Joint filers making less than $383,900 in total taxable income Does not matter whether their business is a personal service firm or not Tier 2: Single filers with more than $241,950 or couples more than $483,900 in taxable income no deduction it pass through business is a personal service firm if they own any other pastor business they still get a deduction will be limited Tier 3: Incomes between those thresholds of one and two are eligible for a partial tax benefit, no matter the nature of their business phases out for personal service firms
38
Limited liability company can be classified as either what
Corporation or a partnership
39
What is a C corporation and what is its advantages and disadvantages?
Functions as a separate entity. Distributes after tax earnings to its owners distribution income is tax a second time at the owner level double taxation. Advantages: Separate tax entity, sale of stock to an unlimited number of investors, unlimited liability, continuity of life, dividend received deduction (50% rule) Disadvantages: Corporate formalities, dividends paid (after tax), accumulated earnings beyond certain limits, subject to double taxation
40
What is the dividend received deduction for 50% rule for corporations?
US corporations receive deductions for dividends received Owns 20% or less of distributing corporation. 50% of dividends received excluded from income of corporation Ownership between 20% and 80%: 65% exclusion of dividends Greater than 80% ownership: 100% exclusion of dividends
41
A closely held C corporation that is owned by certain individuals can be considered a personal service corporation (PSC). How is any income retained by a PSC text? What businesses are classified as PSCs?
Any retained income is taxed at a flat 21% Businesses classified as a PSC: HALE H- heath (doctors dentist) A- accounting, architectural, actors L- law E- engineering
42
What are subchapter S corporations?
Function as a conduit for items of income, deductions, and tax credits must be unanimously, elected by a shareholders Files form 1120 S
43
What are the eligibility for an S corporation?
Limited to 100 shareholders Single class of outstanding common stock can be voting or non-voting (no preferred) Domestic corporation Only individuals, states, certain trust, maybe shareholders US citizens or permanent resident aliens
44
What are advantages and disadvantages of S corporations?
Advantages: limited liability conduit of income or loss, losses limited up to bases basis equals cash plus direct loans made by the shareholder to the corporation (note: bank loans are not included in the S corporation’s owners basis, unlike a partnership in which they are) Ability of an owner to take excessive compensation and not have it classified as dividends Disadvantages: Corporate formalities Sale of stock Limited by eligibility standards
45
What is a limited partnership?
At least one general partner Limited partners are liable for partnership debt only to extent of their capital contributions as long as the limited partners role is passive
46
What type of interest is deductible on a business owner’s personal tax return?
Business investment interest
47
What is the corporate accumulated earnings tax?
Can generally accumulate $250,000, $150,000 for personal service corporate tax anything over that is taxed at 20% unless you can establish a bona fide business need The tax is imposed, in addition to the regular corporate tax
48
What tax forms must an estate file and what deductions are they allowed?
May file either form 1041 or 706 Deduction should be claimed on the return that provides the most tax advantage The deductions are administrative, cost accounting, and attorney fees, and expenses of preparing the estate return
49
What tax form does a trust file on?
A 1041
50
What is the difference between an unfunded ILIT and a funded ILIT?
Unfunded ILIT Yearly gift to the trust pays the life insurance premium Funded ILIT Investment income from investments in the trust, pays the insurance premium taxable to the grantor, all investment income earned above the premium is taxed to the trust
51
What is a simple trust?
a conduit for forwarding income to the beneficiaries Beneficiaries pay taxes on it at their own marginal tax brackets Normally no distribution of corpus No charitable gifts
52
What is a complex trust?
Income must or may be accumulated Income accumulated is taxed to the trust Income distributed as tax to the beneficiaries Corpus can be distributed, but does not have to be They can make charitable gifts
53
Revocable living trust are also known as as what
Inter vivos or grantor trusts
54
Cost basis is increased by what and what is not included in cost basis?
Basis is increased by: Legal fees, commissions, sales tax, freight, and improvements Basis is not increased by: Repairs, real estate taxes, or normal business expenses
55
Depreciation does what to cost basis?
It reduces the basis of the asset
56
If the FMV on the date of the gift is less than the donors adjusted basis in the gift, then what occurs?
Loss is measured using the fair market value on the date of the gift Gain is measured using the donor’s basis Sales price of the gift is in between the donors basis and the FMV on the date of the gift, no gain or loss is recognized
57
Basis of inherited property (community, and non-community)
Community property states: Marital property enjoys a full step up in basis, if at least half of the whole property is included in the deceased spouses gross estate Non-community property states (common law states): Property only gets a half step up in basis
58
What is the modified accelerated cost recovery system (MACRS)?
Applies to all recovery property placed in service after 1986 Straight line is an option but a half year convention must be used Requires mid Quarter convention if greater than 40% of the depreciable property is put into service by the business during the fourth quarter of its tax year Does not apply to land or intangibles
59
What are the property classes for MACRS?
5 - year (1245 property): Computers, autos, and light duty trucks 7 year (1245 property): Office furniture and fixtures 27 1/2 year (1250 property): Residential rental property 39 year (1250 property): Non-residential real property
60
What are the depreciation rate on the MACRS tables?
61
What is the 179 deduction?
Business may expense up to $1,220,000 of qualifying property and the year of acquisition Qualifying property is generally tangible personal property (1245) purchased for use in a trade or business. Maximum cost that can be annually expensed is reduced dollar for dollar by the cost of the qualifying property that exceeds 3,050,000. Cannot create a loss with section 179 but can be carried over to the next year Making a section 179 election small firms can more easily deduct the cost of new assets and avoid the burden of maintaining the depreciation schedules
62
In order to qualify for a like kind property exchange what conditions must be met?
Exchange properties must be like kind Taxpayer must use the acquired property in trade or business
63
A like kind exchange calculation on the exam no matter how many numbers are given. He’s only the following three….
FMV of property received Adjusted basis of property given up Boot
64
In a like kind exchange what are the three calculations that will be asked of you to do?
Calculation #1: Realized again Total value received (FMV of property acquired + Boot) minus adjusted basis of property (Amount will be provided) Calculation #2 Recognized gain Lesser of realized, gain or boot received (if no boot is received recognized gain is zero) Calculation #3 Substitution basis FMV of property required less [ realize gain minus recognized gain]
65
Short term gains are taxed at what? Long-term collectible gains are taxed at what? Real property (1250) long-term gains our tax at what?
Short-term gains are taxed at ordinary income rates Long-term collectible gains are subject to a tax rate of 28% Real property are subject to depreciation recapture rate when property is sold, and that has a 25%
66
What happens to accumulated losses at the year of death?
$3000 can be deducted on the estates 1041 tax return however any unused carry forward losses or lost after the year of death
67
What is the net investment income tax that applies to certain high earners?
3.8% tax is the lesser of the following their net investment income, or the amount by which they’re modified gross income extends beyond their specific income threshold MFJ - $250,000 Single - $200,000
68
What are the three methods to determine cost basis with mutual funds and other securities?
First and first out Average cost Specific identification; this allows the investor to maximize gain, neutralize gain, or maximize loss
69
What is the maximum amount of realize gain from the sale of a residence that may be excluded from gross income, and what are the requirements?
$500,000 MFJ $250,000 single Must have lived in the residence two out of five year period Don’t meet the minimum two year residency requirement qualify for a partial exclusion (# of months / 24) No deduction for loss Both spouses must have lived in the house for two of five years , if not both are treated separately After the death of one spouse, you have two years to sell the home and claim the $500,000 deduction
70
Can a taxpayer claim the sale of residence (code section 121) exclusion, and the 1031 like kind exchange?
Yes, if the requirements are satisfied
71
What is the difference between recognized gain and realized gain?
Recognized gain is what you report to the IRS and our tax on Realized gain is the amount of gain that has been realized before deductions, etc.
72
When a business purchases equipment and takes depreciation (cost, recovery, deduction, or CRD), the CRD‘s offset the businesses, ordinary income when the business sells the equipment for a gain the business must do the following…
1. Look back and recapture the lesser of the total CRD taken or the gain realized as 1245 again (ordinary income) 2. Recover any excess gain as 1230 one game (capital gain) if total CRD taken are lower than the gain the excess is the gain minus the CRD‘s if the gain is less than the CRD‘s, there is no 1231 recovery Difference between the gain and the CRD is the 1231 gain No, 1231 gain when the gain is less than the CRD When the amount realized is less than the adjusted basis, the resulting loss is treated as an ordinary loss
73
What is installment sale recapture?
Installment sale of tangible personal property, ALL depreciation recapture must be reported as income in the year of disposition serious disadvantage Taxpayer recaptures up to the amount of cost recovery, deduction client up to the gain realized ( $15,000 CRD but $3000 gain…only $3000 of the CRD is realized) Any access gain remains it is subject to installment sales rules
74
Charitable bargain sales
Charitable deduction is available, basis of the property sold to the charity, for less than fair market value must be allocated between the portion of the property sold, and the portion given to charity based on the fair market value of each portion Proceeds / FMV x basis = adjusted basis Proceeds minus adjusted basis = taxable gain
75
A 1031 exchange is only available for what type of property?
Real property not available for equipment. Real property refers to land at any structures permanently attached to it
76
AMT exposure is likely to be what kind of households?
High income households, claiming large, less than typical tax breaks such as tax exempt interest on private activity bonds
77
What is the AMT calculation?
Post deduction 1040 income if itemizing or AGI if electing the standard deduction Add back any item that was deductible for the 1040 but not for AMT Add preference items Result equals AMT base Subtract exemptions Result equal AMTI (alternative minimum taxable income) Then calculate AMT (26% and 28% tax rates)
78
What are AMT preference items?
IPOD P - private activity municipal bond O & I - oil and gas percentage depletion. Excess Intangible trailing cost. Depreciation (ACRS / MACRS) but not straight line
79
What are not allowable deductions for AMT? (add back items)
Property, state, city, income, and sales taxes limited to $10,000 a year Incentive stock options, bargain element (ISO)
80
When is an AMT payment required?
Difference between the regular tax and the alternative minimum tax (if the alternative minimum tax is more than the regular tax)
81
Strategies for increasing regular income tax liability to potentially avoid AMT?
Accelerating the receipt of taxable income (more taxable income) Deferring the exercise of an incentive stock option ISO to a later date or disqualifying the ISO so it becomes a nonqualified stock option (income taxable) note: these are not regular options Purchasing public purpose, municipal bonds instead of private activity bonds
82
How are Passive losses treated?
Off set passive income in non publicly traded passive activities, sold and realize the loss All losses are suspended until offset by income or sold Suspended losses are fully deductible in the year of disposition
83
Taxpayers may deduct up to what amount for losses from a real estate activity?
$25,000 fee out for taxpayers with AGIs between 100,000 and 150,000 on a two for one basis
84
How many days can you rent a personal residence and what is the tax treatment of the gross income?
Less than 15 days and is excluded from gross income, but no deductions attributable to rental use
85
A home is treated as a residence in any tax year in which the owner uses the unit for a personal purposes, exceeds the longer of what
Longer of 14 days or 10% of the period of rental use If treated as a residence instead of a business expenses related to the property may not be deducted as a business expense
86
What is the low income housing credit and how do you calculate it?
Generate a deduction equivalent tax credit up to $25,000 with no phase out To calculate determine the maximum marginal tax bracket then multiply $25,000 times the tax bracket for the credit
87
Oil and gas working interest are not passive participation and thus are exempted from passive activity, loss rules, losses from oil and gas working interest for which taxpayer typically a general partner is personally liable are deductible against what
Active or portfolio income without limits and out without respect to the taxpayers AGI
88
Tax filing status for a married widow?
Taxable year in which a married person dies, widow or widow can file a joint return with the deceased individual If maintains a home for a dependent child, the surviving spouse for two taxable years following the year death can use married filing jointly rates
89
For divorces after December 31, 2018 alimony payments are no longer what
Deductible, nor must the recipient declare the amounts as taxable income
90
If a pre-2019 divorce is not modified the old rules ply, the payer can deduct the payments and the recipient must pay tax on them. What are the requirements that must be met?
Finalized before December 31, 2018 Cannot file a joint tax return or live together Made in cash Received by or for the benefit of the payee spouse , not child support Cannot extend beyond the death of the recipient spouse
91
What are the recapture rules for alimony?
Excess front loading of alimony, alimony decreases too fast, really is disguised as a proper settlement and will be recaptured as ordinary income Take the total of the first two years of alimony and subtract $37,500 If you have a third year alimony payment double the third year alimony payment then add it to the constant 37,500 only use the first two years and subtract the total constant of $37,500 plus the double third year payment that was added to the constant
92
The internal revenue code treats debt relief, how?
Taxpayer received income becomes phantom income. The bank will charge the company the amount of right off as income and write the loss off.
93
What are all the deduction limits as a percentage of AGI?
Public charities are 50% organizations Private charities are 30% organization 60% if a cash donation Long-term capital gain property to a 50% organization is 30% if you use fair market value or 50% if you use basis. No basis is rarely advantageous to appreciated property. Guess of short term capital gains property is limited to the donated properties basis and 50% of AGI
94
What happens to unused charitable deductions?
Five year carryover and the year of contribution the actual deduction window was six years
95
Property that is considered ordinary, income, donated property, property, or gifted include?
Inventory, a copyright, a work of art created by the taxpayer, short term, capital gains, and use unrelated property Must use basis and are 50% of AGI
96
Half of self employment tax is an above or below the line deduction from AGI?
Above the line
97
Are entertainment cost for prospective clients a deductible expense
Entertainment expenses are no longer deductible
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