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30 Cards in this Set
- Front
- Back
What is section 121
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exclusion of gain on residence up to $250K if 2 years of ownership and use AND lived in property for 2 of 5 years.
Transfers related to divorce are not taxable. FMV at time of divorce is irrelevent factor |
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How is inventory treated in a like kind xchange (sec 1031)
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Can never be used. Also livestock of different sexes, securities, currency, partnership interests
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When a buyer assumes a mortgage in an installment purchase, how is the GP calculated
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Mortgage assumption is subtracted (considered a payment) to develop contract price
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How do you calculate installment sale income when depreciation has been taken
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Selling price
Less Adjusted Basis (basis + selling expenses, plus depreciation) Gross Profit Divide GP by selling price |
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How long do you have to replace a property in involuntary conversion (sec 1033)
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Most property 2 years
Real Prop 3 years Livestock 4 years Disaster 4-5 years |
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How do you determine if a rental is for profit or not for profit
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income must exceed expenses for 3 of 5 years.
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What are new rules regarding materials and supplies costing less than $200
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Beginning 2014 may be immediately deductible.
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Are prizes and awards taxable
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Yes--except for EE awards for safety, service or achievement unless exceed a specific limit
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What happens to debt cancellation if the tp is insolvent
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Canceled debt is not taxable Insolvent=debts greater than assets
Also debts discharged in Bankruptcy 11 not taxable |
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How much of debt cancellation from loan modification of principal residence is taxable.
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A tp may exclude income from loan modification of principal residence (qualified principal residence indebtedness or QPRI, cannot be more than cost plus improvements (extra money taken out for other things not QPRI
Maximum amount of QPRI= $2 million ($1 million MFS) Must be a decline in the home's value or the tp condition |
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If husband pays mortgage as part of a divorce settlement and wife lives in house, must wife include it as income
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Yes 1/2 will be considered alimony
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Are accident settlements taxable
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No
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What is the consequences for using HSA for nonmedical
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20% penalty and income tax
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What is the max deduction for student loan interest
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$2.5K. TP may deduct it on behalf of spouse and dependents
Credit card interest does not qualify and tp must be liable for the loan Interest paid to a family member does not qualify |
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How does one qualify for educator deduction of $250
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K-12 and 900 hours of work--not for college instructors
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Can you include cost of moving pets in moving expense
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Yes. No meals. Expense of buying or selling a home also excluded. ER reimbursements must be reported on W2 as icome
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If a tp has the option to participate in an ER sponsored helath insurance, how is the SE deduction affected
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Cannot deduct during period of eligibility
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What is the penalty for excess contribution on HSA
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6%. If made by ER must be included in EE's income
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What is the time test requirement for making moving expenses deductible
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full time or 39 weeks in first 12 months or
For SE 78 weeks within first 24 months |
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What type of property is excluded from sec 1245
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Buildings and structural components
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How is sec 1245 gain treated
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This is 4 gains on personal (tangible or intangible)Part or all of the gain may will be treated as ordinary income under the rules of depreciation recapture
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What is sec 1250gain and how is it treated
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For buildings and structural components
Recapture accelerated depreciation ONLY |
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How is the receipt of a property or assumption of a mortgage treated in in calculating the GP percentage in an installmeent
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The payment is subtracted before calculating the GP percentage (except to the extent that it exceeds the adjusted basis)
Any depreciation recapture is recognized in year of sale. |
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Whjat are the requirements of a like kind exchange
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Nonrecog of gain if held for investment or productive use AND NOT inventory AND xchange for two or more assets NOT cash
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Do water or mineral rights, oil and gas interest, copyrights, ttademarks and other intangibles qualify for 1031
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Yes as long as it is not a security or partnership interest
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What is the double basis rule on sale of gifted proerty
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If FMV at date of gift is less than donors basis, the donee's basis for gain is the transferred basis. However, if the donee reports a loss on the sale of gifted property, basis is the lower of the transferred basis or the FMV of the property at date of gift.
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If FMV at date of gift is less than donors basis and donee sells property for a price higher than both the FMV at DOG and donor's basis, what is the basis used in calculating the donee's gain
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FMV
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If FMV at date of gift is less than donors basis and donee sells gift at a cost between donor's basis and DOG FMV, how is the gain/loss calculated
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There is none
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When can you use a sec 121
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only on main home--not vacation or rental
Must meet ownership and use tests(2 of 5 years b4 sale) cannot have excluded gain within 2 years |
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What are the related party rules
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If a loss, not deductible. If loss is not recognized and subsequently sold to nonrelated party, then gain is recognized only to the extent that it exceeds the disallowed loss.
Related=relatives or 0% interest |