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56 Cards in this Set

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  • Back
What are the floors for Medical expenses, and miscellaneous Itemized deducations and casualty losses?
Medical expenses=10% of AGI, if 65 then $7.5% of AGI
Misc. Itemized deducations =2% of AGI except gambling, investment related, annuity loss and certain estate tax--must consider income earned,i.e. cannot create loss
Casualty Loses =10% of AGI. Must result from a sudden, unusual or unexpected event
What is deductible on home refinancing and home office expense
Points must be amortized or 100% if connected to home improvements
Home Office Expense-Employee limited to 2% AGI floor. Must meet principal place and exclusivity tests. Cannot be used to create loss, even if self employed
How are prizes and awards treated
Included in gross income. Awards for religious, charitable, scientific, educational, artistic, literary or civic achievement and turns the proceeds over to a government or charity, the award may be excluded from income.
What is the two tax treatmentst of withdrawals before the scheduled annuity starting date
For contracts issued after 8-13-1982, LIFO basis recover, prior to that date can use FIFO
Who is eligible for the $50K group term life insurance exclusion
Only EEs 2% S corporation owners are not EEs
How are social security benefits taxed.
The second threshold is $34 S $44k MFJ. Taxable SS = the LESSER of
85% of SS OR
85% of Provisional income less threshold
Provisional income = MAGI plus 1/2 of SS plus tax free income
lst threshold = $25 ad $32
How is the FICA tax computed
6.2% for ER and 6.2% for EE for OASDI with a base cap of $113,700. Self employed pay a total of 12.4% Also Medicare 1.45% for both ER and EE with no ceiling on earnings. Self employed tp pay 2.9%
In 2013 additional .9 for high incomes
How are total self employment taxes computed
Total tax is 15.3%. When calculating tp reduces net earnings by 7.66 (or multiply by .9235). May deduct the ERs share as a deduction for AGI
What is the new law in 2013 additional medicare tax
.9% for tp with a combined income greater than $200 or for couples MFJ $250K S corp not included
What are some of the items excluded from income
CAP M WEST WORK
CAP=return of capital; Military; Whole a person; Education scholarships for tuition books and fees; Support for child; Transfers, WORK provided benefits
What happens if an insurance policy is surrendered b4 insured's death
Owner must recognize income to the extent the amount received exceeds the cost basis of the policy. Losses are not deductible
What is the transfer for value rule for insurance policy and their exceptions
Except for xfers to insured partner, partnership or corp of insured or xfer to child or someone whose basis in policy is determined by xferor, the insurance proceeds are includeable in income of xferEE to the extent the proceeds exceed basis.
How are receipts from a viatical settlement treated.
Amounts received by terminally or chronically ill are excluded from income. Terminally= 24 months to live; chronically=cannot do ADL for at least 90 days. Viatical company will be taxed on profit less premiums at orginary income
What is a modified endowment contract
Life insurance issued after 6-21-1988 that fails the 7-pay test--contract is a MEC if the premiums paid during the first 7 years exceed the total of the net level premiums that would have been paid if the policy provided for paid up benefits after the seventh year. Single pay insurance policies are MEC
What are some of fringe benefits that are taxable
educational assistance over $5,250, public health club; more than 20% discount of customer services, or GP on property, may exclude $12,970 adoption expense. Note fringe benefits for owners of S corp (more than 2%) are not deductible
Who claims the exemption when there is multiple support
If only one of the persons is the child's parent, parent takes exemption, if both persons are the child's parents, it is theperson the child lived with. Ifj neither are parents, person with the highest AGI, If each erson who supported child gave more than 10% of support, there must be an agreement.
Who does the kiddie tax apply
A dependent child under 19 or a full time student under 24 with unearned income
What income is the kiddie tax applied
Unearned income above >2K is taxed at parents rate
What is the highest and the lowest marginal tax rate
10% and 39.6%
Which filing status has the most favorable tax rate
MFJ
What are some of the disadv of MFS
No credit fr dependent care expenses. If one spouse itemizes, the other generally should itemize because the standard deduction would be reduced to 0
What is the qualifying widow(er) status
TP eligible to use qualifying widow with dependent child for two years following the year of death of the spouse
What are the tests for exemptions
SAD JC support, age, domicile, joint return, citizenship Qualifying relative SJC and GM gross income must be less than exemption amount. Member of household during tax year
What are the income adjustments to AGI
4SE AMISH EDCATOR
Is termite damage to a house a casualty
No. It is not sudden nor unexpected Drought related losses are also not considered a casualty.
What are the phaseout rules for itemized deductions
The amounts are S=$250K, MFJ=$300K and MFS=$150K. Itemized deductions are reduced by 3% of amount over these thresholdsl.

Reduction is limited to 80%
Is interest expense or other expenses related to muni bonds tax deductible
No because theincome was not taxed.
When is alimony recapture required
Only when payments decrease by more than $15K in either the first to second year, or the second to third year.
If you make a contribution for $200 which includes $100 of free services, how much is yr deductible contribution
$100. The contribution is the cash less the FMV of what was received in return.
What biographical info is required to prepare accurate TR
NBMCC#

3 name, birthdate, marital status, number of children, citizenship
What are the three types of TIN
SSN
ITIN individual TP ID #
ATIN Adoption tp ID #
When can a tp file a 1040EZ
Income<$100K, S or MFJ, under 65 and not blind, no dependents, interest<$1.5, no adj or credits except for EIC
When can a tp file a 1040A
Income<$100K, , no itemize, no SE
On what is nonresident alien taxed
only income from sources within the us and certain income connected with the conduct of a business in the us
What are the seven progressive tax rates in 2013
10, 15, 25, 28, 33. 35, and 39.6
What are three filing deadline exceptions
declared federal disaster
3 groups of tp with June 15 deadlines: NR alien, C who live o/s us (MUST ATTACH A NOTE INDIcating why qualified) and military
while in a combat zone--due 6 mos after leaving combat zone
In what situations can relief from joint liabilty
Innocent spouse relief, separation of liability reflief w 12 mos separation
equitabl relief--if not qualified for the two reliefs above
In what situations will an injured spouse claim be made
refund applied to spouses past financial obligations--must have filed a MFJ
When would a claim for refund expire
3 yrs after date original return was filed or two years from the date the tax was paid whicher is later. If extension granted, use extension daat.
In what situations are expiration dates for refunds extended
FT-D WS-L Bad debt from worthless security (up to seven years)
payment of accrual of foreign tax
NOL carryback and also certain tax credits
military
disastrs
What are IRS' deadlines for assessment and collection
later of three years from due date of return or date return filed

If substantial understatement of income (25%)=six years

no deadline for fraud
What is the safe harbor rule for estimated taxes
100% of tax shown on prior year return or 90% of tax shown on current return

no penalty is tax due is <$1K
What are the due dates of estimated taxes
15 of april,, june, septemer and january
What are the special rules for farmers and fisherman (2/3 of income comes from farming or fishing activities)
No est tax if all tax owed is paid by the first day of the third month after the end of his tax year (usually March 1 unless if falls on weekend like 2014)

If est required, must make only one estimate(required annual payment) by the 15 day after end of tax year (1/15)--this annual payment due date not affect ny extensions on return
What is the back up w/h rate for items such as interest, wages, royalties or indp conractors
28%
How long is the automatic extension to file for individuals
6 months-10/15
If a tp files more than 60 days late what is the
minimum penalty $135 or 100% of tax
What are some of the features of MFS
higher tax rates
exemption for AMT ishalf of joint
limited credits
capital loss deduction=$1.5K
SD is half of joint and cannot be claimed if tp spouse itemizes. i.e., both can itemize however
Can same sex couplefile single if state of residence does not recognize same sex marriages
No. only MFJ or MFS
After filing MFJ, can one change to MFS
generally no unless changed before due date of return. However exceptions can be made for a decesased tp

However, can change fromn MFS to MFJ
Can a tp file as HOH and not claim child as dependent
Yes--done when divorced custodial tp gives noncustodial spouse right to claim child as dependent. spouse claims dependent, and custodial parent claims HOH
CanHOH be used by a tp married to a nonresident alien with dependents
Yes
What are the income levels for which a t/r must be filed
S=$10K
HOH=$12,850
MFJ=$20K. 65+ for one spouse=$21.2K; both=$22.4K
Qualifying widow with dep child $16.1K or if 65+ $17.9K
MFS=$3.9K any age

Self Employed=$400 or more or with tips for SE tax
What are the tests of a nonresident alien
green card--substantial presence without a green card==resident (31 days or 183 in current and preceding 2 years)

or exempts or people commuting to us for work. students are exempt from substantial presence test for five years
scholars 2 years

Explain tax residency through marriage

a nonresident alien who does not meet the two tests may elect to be treated as a resident for tax purposes if marrieduu to citizen both agree to file a joint return and to treat the nra as a resident

What are some of the expenses that are NOT used to calculate cost of maintaining a home
clothing, education, medical and life insurance