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41 Cards in this Set

  • Front
  • Back
When does an estate terminate
all assets and income have been distributed and liabilities paid. 1041 estate tax form must be filed each year until that time
how big should an estate be before required to file a 706 estate tax required
Estate exceeds threshold of $5.25 million
What is IRD how is it taxed
Taxable income that was earned but not received at the DOD. IRD is not taxed final return of the deceased taxpayer. It is includible in decedant's estate and subject to estate tax. It may ALSO reported On the return of the beneficiary, if received by bene. Bene may take a deduction for estate tax paid on IRD not subject to 2% foor
When is 1041 due
same as 1040 but only a 5 month extension (form 7004)
What is taxable if bene receives a distribution in excess of DNI
Only DNI is taxed
What is the new investment income tax that applies to estates and trusts
for estates and trusts 3.8% of net investment income on lesser of undistributed net investment income or excess of AGI over $11950 Does not apply to exempt trust or to grantor trusts
What is the gross estate tax credit for 2013
$2,045.800
Can a green card spouse have unlimited marital deduction
No limited to $143K. Only us citizen entitled
If a decedent holds property in a community property state, what happens to value of property at death
1/2 step up in estate, but the entire value of the property will receive step up
What is GST based on
Amount xferred to skip persons
at what income level must a 1041 for estates be filed?
gross of $600 or more or any taxable income or any beneficiary is a nonresident alien
How are trusts taxed
Trusts are pass through entities. Beneficiaries pay income tax on their DNI
What is a simple trust
distributes all of its income currently, makes no distributions from principal or corpus, makes no distributions to charity
Is a grantor trust recognized as a separate entity for income tax purposes
No
What are some examples of nongrantor trusts
Irrevocable trusts, charitable trusts, and disability trusts
What do you call trusts that transform a tp personal, living or educational expenses into deductible items
Abusive trust arrangement
When is a trust considered foreign
when it is NOT supervised by us court and a us fiduciary does not controls decisions.
what form are us tp required to file re foreign trusts
520, creation of or xfer to certain foreign trusts AND 3520A, annual return of foreign trust with us beneficiaries AND form 926, return by transferor of property to a foreign estate or trust
What is the exemption for simple trusts
A trust that distributes all of its income currently is allowed an exemption of $300. All others trusts are allowed an exemption of $100 per year
Is IRD included in estate
usually not as it is not really known at DOD. The gross estate includes everything the tp owns at DOD
What is a strawman?
A person whose trust receives another grantor's assets to be passed through the original trust to a second or more trust for the purpose of disguising the true identity or ownership of he trust
What tax credits are allowed on an estate tax return
Credit for foreign death taxes, credit for pre 1977 gift taxes, and credit for tax on prior transfers
How does an estate use net operating loss of decedent
An estate or trust may use the net operating loss of the decedent in his final 1040; a estate may carry its net operating loss back two years; and if a farming loss, carry back 5 years
What trusts are included in the surviving spouse or survivors estate
grantor trusts and terminal interest trusts, qtip. A trust or marital trust which allows a terminable interest to be left to a surviving spouse and for the property to still qualify for the unlimited marital deduction in the deceased spouse estate. SS is given a general power of appt. The first spouse to die does not have power of control over the trust property. No election must be made by the decedent's executor to qualify the property for the marital deduction. The asset of the A trust must be in the SS gross estate to the extent that they are not consumed during the SS lifetime.
A gift of property directly to an individual may be subject to the generation skipping transfer tax even if it is not subject to the gift tax. True or false
False. probably because of the exemption s
If ird of a cash basis decedent has not been received by the settlement date of the decedent's estate, the ird should be included in which tax return.
the estate tax return 1041
An estate did not owe taxes in years in year 1 and it expects withholding and credits to be less than 90 percent of the tax reportable at year end. The estate must pay estimated taxes if expects to owe at least what amount
$1,000
An estate did not owe taxes in years in year 1 and it expects withholding and credits to be less than 90 percent of the tax reportable at year end. The estate must pay estimated taxes if expects to owe at least what amount
$1,000
If a complex trust states that a certain amount of money is distributed each year and the trust makes more then this designated amount, how should the distribution amount be calculated
income must be distributed according to the complex trust document w/o adj
What is the penalty for failure to file a Schedule K-1 for the form 1041
$50 for each failure
A taxable gift to an unrelated individuals who is 40 years younger than the donor is subject to both gift taxes and the generation skipping transfer tax. True or false
True
What is a skip person
A skip person is a person who belongs to a generation that you two or more generations below the generation of the donor
A trust maybe a simple trust one year and a complex trust in another year. For example is a simple trust fails to distribute all of its income in the current year how is it classified
Complex trust
Dividend checks received by a decedent but cashed after death is considered income in respect of a decedent. True or False
False. due to constructive receipt
Regarding gift splitting what are the marriage requirements
The couple must have been married at the time the gift was given and the spouse who gave the gift may not be remarried during the year
How are administrative expenses costs treated on form 1041
To prevent a double deduction administrative expenses otherwise allowable in figuring the decedent taxable estate on form 706 will not be allowed on form 1041 unless the personal representative files a statement in duplicate that the items of expense have not been claimed as deductions on form 706 and all rights to claim such deductions are waived
Capital gains are not automatically included in distributable net income. However it can be included in distributable net income under what circumstances. give at least two
The gain is allocated to income in the account of estate or by notice to the beneficiaries under the terms of the will. The gain is allocated to the corpus of the estate and is actually distributed to the beneficiaries during the tax year. The gain is used, under either terms of the will or the practice of the representative, to determine the amount that is distributed. Charitable contributions are made out of capital gain
When must the income tax liability for an estate be paid
When the return is filed
How Is the income distribution deduction calculated on schedule B form 1041. What is limit of the deduction.
The income distribution deduction is calculated on schedule B Form 1041 and is limited to the lesser of distributions less tax exempt income or dni less tax exempt income
What Is the exemption for a an Estate. What is it for a complex trust and a simple trust
Yes the exemption for a trust is $300 for a simple trust and $100 for a complex trust. Whereas at the exemption for an estate is $600
What in relation to gifts are included in the gross Estate
Gift tax on gifts made during the three year period Before the decedent's death are included in gross estate