• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/345

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

345 Cards in this Set

  • Front
  • Back
Q001.
Generally, a taxpayer must file a return if his or her income is equal to or greater than:
A001.
the personal exemption + the regular standard deduction + additional standard deduction (for taxpayers age 65+ or blind) [except for married persons filling separately]
Q002.
which individuals must file income tax returns even if their income is lower than the "general rule" requirement?
A002.
1. net earnings from self- employment are $400 or more 2. can be claimed as dependents on another taxpayer's return, have unearned income, and gross income of $950 (2010) or more
3. receive advanced payments of earned income credit
Q003.
How can an individual receive an automatic six month extension to file?
A003.
File Form 4868
Q004.
When do taxpayers who are out of the country file?
A004.
Automatic two- month extension just by including documentation, and can request the other extensions under the same rules as for other taxpayers.
Q005.
in a _____ state, a husband and wife who elect to file using the married filing separately status must report their own income, exemptions, credits and deductions on their own individual income tax returns.
A005.
separate property state
Q006.
in a ____ state, most of the income, deductions, credits, etc., are split 50/50.
A006.
community property state
Q007.
what are the two requirements to have "qualifying widower (surviving spouse)" status?
A007.
1. two years after spouse's death
2. principal residence for dependent child
Q008.
what are the requirements for the "principal residence for dependent child" requirement for surviving spouse status
A008.
the surviving spouse must maintain a household that, for the whole taxable year, was the principal place of abode of a son, stepson, daughter, or stepdaughter (whether by blood or adoption). The surviving spouse must also be entitled to a dependency exemption for such individual.
Q009.
what are the four conditions that must be met to be considered head of household?
A009.
1. is not married, is legally separated, or is married and has lived apart from spouse for last six months of the year
2. not a "qualifying widower"
3. not a nonresident alien
4. maintains a household that, for more than half the taxable year, is the principal residence of dependent son/father or mother/dependent relatives
Q010.
what are conditions to be considered a dependent son or daughter under the head of household requirement?
A010.
1. legally adopted children, step children, and descendents qualify
2. working families act: the child must either be a qualifying child or qualify as the taxpayer's qualifying relative
3. divorced: noncustodial parent is head of household if the custodial parent has waived the right to the dependency exemption by completing a Form 8332
Q011.
what are conditions to be considered a "father or mother" under the head of household requirement?
A011.
not required to live with the taxpayer, provided the taxpayer maintains a home that was the principal residence of the parent for the entire year. maintaining a home means contributing over half the cost of upkeep. This means rent, mortgage interest, property taxes, insurance, utility charges, repairs, and food consumed in the home.
Q012.
what are conditions to be considered a "dependent relative" under the head of household requirement?
A012.
parents, grandparents, brothers, sisters, aunts, uncles, nephews, and nieces (step and in-laws included) qualify as relatives. must live with taxpayer. cousins, foster parents, and unrelated dependents do not qualify.
Q013.
how can a married taxpayer filing separately claim his spouse's personal exemption?
A013.
if the spouse has no gross income, and was not claimed as a dependent of another taxpayer
Q014.
what is the acronym for the qualifying child dependency exemption?
A014.
Close Relative
Age Limit
Residency and Filing Requirements Eliminate Gross Income Test Support Test Changes
Q015.
what is the acronym for the qualifying relative exemption?
A015.
Support (over 50%) test
Under a specific amount of (taxable) gross income test Precludes dependent filling a joint tax return test
Only citizens (us Canada or Mexico) test
relative test OR
taxpayer lives with individual for whole year test
Q016.
if the parents of a child are able to claim the child but do not no one else may claim the child unless
A016.
that taxpayer's AGI is higher than the AGI of the highest parent
Q017.
what type of relationships qualify under "close relative" requirement of qualifying child status for dependency exemptions?
A017.
taxpayer's son, daughter, stepson, stepdaughter, brother, sister, stepbrother, stepsister, or a descendent. adopted children and foster children too.
Q018.
what is the age limit to be considered a qualifying child for dependency exemptions?
A018.
younger than the taxpayer, under age 19 (or 24 in college), no limit to permanently disabled (school attendance at night does not qualify)
Q019.
what are the residency and filing requirements to be considered a qualifying child for dependency exemptions?
A019.
child must have the same principal place of abode as the taxpayer for more than one half of the tax year. cannot file joint tax return for the year (unless filed only for a refund claim)
Q020.
How much money can a child earn to be considered a qualifying child for dependency exemptions?
A020.
any amount
Q021.
what is the support test to be considered a qualifying child for dependency exemptions?
A021.
child must not contribute more than one- half of his support (doesn't need to be by parents though)
Q022.
what is the support test to be considered a qualifying relative for dependency exemptions?
A022.
the taxpayer must have supplied more than one half of the support. scholarships are not included. social security and state welfare payments are included to the extent that such amounts are actually expended for support purposes
Q023.
how do multiple support agreements work for dependency exemptions?
A023.
when two or more taxpayers contribute more than half support, the contributing taxpayers (who must be qualifying relatives or lived the entire year with), one gets it. contributor must have given more than 10% of support and meet other dependency tests.
Q024.
what is the multiple support declaration that joint contributors are required to file?
A024. form 2120
Q025.
a person may not be claimed as a dependent unless the dependent's gross income is _______
A025.
less than the exemption amount ($3,650 in 2010/ $3750 in 2011)
Q026.
a taxpayer will lose the exemption for a married dependent who files a joint return unless __________
A026.
the joint return is filed solely for a refund of all taxes paid or withheld for the taxable year
Q027.
what are the citizen/residency requirements of qualifying relatives for dependency exemptions?
A027.
only citizens of the U.S. or residents of the U.S., Mexico, or Canada.
Q028.
how can kissing cousins or foster beer be counted as an exemption?
A028.
if they live with the taxpayer the entire year.
Q029.
how are children of divorced parents treated for exemption purposes?
A029.
whoever has custody of the child for a greater period of time (financial support irrelevant). if same, parent with higher AGI.
Q030.
what is form 8322
A030.
written declaration that waives the right of a custodial parent to take the exemption for a child. must be attached to noncustodial parents return. custodial can revoke by giving one years notice and copy form 8322 claiming the revocation on their return.
Q031.
what can you get for being 65+ or blind?
A031.
additional standard deduction (not an additional exemption)
Q032.
if an event is taxable, what is the income and basis?
A032.
fair market value
Q033.
_____ requires the accrual or receipt of cash, property, or services, or change in the form or the nature of the investment (a sale or exchange)
A033. realization
Q034.
_____ means that the realized gain must be included on the tax return
A034. recognition
Q035.
what are the four characterizations of income
A035.
ordinary, portfolio, passive, capital
Q036.
what falls under ordinary income?
A036.
salaries and wages, state and local tax refunds, alimony, IRA and pension income, self employment (schedule C) income, unemployment compensation, social security, prizes, the taxable portion of scholarships and fellowships, gambling income, and anything else.
Q037.
what falls under portfolio income?
A037.
income a taxpayer would earn on his portfolio of assets, such as interest and dividends.
Q038.
what is passive income?
A038.
activity in which taxpayer did not actively participate.
Q039.
only ______ may offset passive income.
A039.
passive losses
Q040.
how are net passive losses treated?
A040.
not deductible on tax return- - suspended and carried forward until passive income exists to offset it, unless an exception exists.
Q041.
what are two types of passive income?
A041.
rental income and royalties/ beneficiaries of trusts and investments in Partnerships, LLCs, and S Corporations
Q042.
life insurance premiums: under ____ plans only, premiums above the first $______ of coverage are taxable income to the recipient and normally included in W- 2 wages.
A042.
non- discriminatory plans only; $50,000
Q043.
the proceeds of a life insurance policy paid because of the death of the insured re general excluded from the gross income of the beneficiary....except:
A043.
the interest income element on deferred payout arrangements if fully taxable.
Q044.
For policies issued after 8/17/06, if a life insurance policy is company- owned (COLI), the beneficiary may exclude from gross income benefits received only up to _____
A044.
the total amount of premiums and other amounts paid by the policy holder- - any excess would be taxable. [many exceptions apply - - family]
Q045.
accident, medical and health insurance - - premium payments are ______ the employee's income when the employer paid the insurance premiums
A045. excludable from
Q046.
accident, medical, and health insurance - - amounts paid to the employee under the policy are includable in income unless such amounts are:
A046.
1. reimbursement for medical expenses actually incurred by the employee
2. compensation for the permanent loss or loss of use of a member or function of the body
Q047.
what are de minimis fringe benefits?
A047.
benefits that are so minimal that they are impractical to account for and may be excluded from income
Q048.
what are examples of non- taxable fringe benefits?
A048.
life insurance proceeds; accident, medical, and health insurance; de minimis fringe benefits; meals and lodging; employer payment of employee's educational expenses; qualified tuition reductions; qualified employee discounts; qualified pension, profit- sharing and stock bonus plans; flexible spending arrangements stems; economic recovery payments
Q049.
up to _____ may be excluded from gross income of payments made by employer on behalf of an employee's educational expenses. the exclusion applies to ____ level education.
A049.
$5,250; both undergrad and grad level education
Q050.
grad students may exclude tuition reduction only if___
A050.
they are engaged in teaching or research activities and only if the tuition reduction is in addition to the pay for the teaching or research.
Q051.
to be excludable, tuition reductions must be offered on a ____ basis.
A051. nondiscriminatory
Q052.
to what extent are merchandise discounts excludable?
A052.
limited to the employer's gross profit percentage. any excess must be reported as income.
Q053.
to what extent are service discounts excludable?
A053.
limited to 20% of the FMV of the services. any excess discount must be reported as income.
Q054.
the value of employer- provided parking up to ___ (in 2010) per month may be excluded
A054.
$230. available even if the parking benefit is taken by the employee in place of taxable cash compensation.
Q055.
the value of employer- provided transit passes up to ___ (for 2010) per month may be excluded
A055. 230
Q056.
generally, payments made by an employer to a qualified pension, profit sharing, or stock bonus plan are ____ to the employee at the time of contribution
A056.
not income
Q057.
benefits received - - the amount that is exempt from tax (plus any income earned on such amount) is taxable to the employee when?
A057.
in the year in which the amount is distributed or made available to the employee
Q058.
what is a flexible spending arrangement stem (FSAS)
A058.
plan that allows employees to receive a pre- tax reimbursement of certain (specified) incurred expenses
Q059.
employees have the ability to elect to have part of their salary (generally up to $____ per year) deposited pre- tax into a flexible spending account. the employee has the option to use the deposited funds to pay for _____ and/or ____ costs and submits claims to the plan admin for reimbursement
A059.
$5,000; qualified healthcare and/or qualified dependent care costs
Q060.
flex spending arrangement - - funds not used within ____ after the year- end or not claimed within a period of time (usually ____ months) are forfeited.
A060.
2.5 months; 6 months
Q061.
are economic recovery payments ($250/ person) taxable?
A061.
not taxable.
Q062.
what is the general rule for interest?
A062.
all interest is taxable, unless specifically excluded
Q063.
is interest income from federal bonds taxable?
A063. yes
Q064.
is interest income from industrial development bonds taxable?
A064. yes
Q065.
are premiums received for opening a savings account (prizes and awards) taxable? at what value?
A065.
yes, at FMV
Q066.
is interest income from part of the proceeds from an installment sale taxable?
A066. yes
Q067.
is interest on state and local bonds/obligations taxable?
A067. no
Q068.
are mutual fund dividends for funds invested in tax- free bonds taxable?
A068. no
Q069.
is interest on the obligation of a possession of the US taxable?
A069. no
Q070.
when is interest of series EE bonds tax exempt?
A070.
1. used to pay for higher education (reduced by tax- free scholarships, of the taxpayer, spouse or dependents)
2. there is taxpayer or joint ownership (spouse)
3. the taxpayer is over age 24 when issued; and
4. the bonds are acquired after 1989
Q071.
is there a phase- our for allowable tax exempt interest income from series EE
A071. yes
Q072.
is interest on veterans administration insurance taxable?
A072. no
Q073.
what are the four examples of tax exempt interest income
A073.
state and local government bonds/obligations; bonds of a U.S. possession; serious EE; veterans Administration insurance
Q074.
what is the purpose of kiddie tax?
A074.
prevent people from putting their unearned income to their kids to have a lower tax liability
Q075.
how is the kiddie tax calculated?
A075.
child's total unearned income (from dividends, interest, rents, royalties, etc.( and subtracting $1,900 (the childs allowable 2010 standard deduction of $950 (or investment expense, if greater) + $950 (which is taxed at the child's rate))
Q076.
when can parents elect to include on their own return the unearned income of the applicable child?
A076.
provided the income is between $950 and $9,500 and consists only of interest and dividends.
Q077.
what happens with forfeited interest? (early withdrawal of savings)
A077.
the bank credits the interest to the taxpayer's account and then, in a separate transaction, removes certain interest as a penalty. the interest received is taxable, but the amount forfeited is also deductible as an adjustment in the year the penalty is incurred. (theoretically netted, but not technically)
Q078.
what are the four sources of dividend income?
A078.
1. e&p/current = distribute by CYE
2. E&P/accumulated = distribution date
3. return of capital = no e&p
4. capital gain distributions = no e&p/no basis
Q079.
what are the three categories of dividends?
A079.
1. taxable dividends
2. tax- free distributions
3. capital gain distributions
Q080.
what is the special (lower) tax rate for those dividends that qualify? (2010 only)
A080.
15% most taxpayers, 0% low income taxpayers
Q081.
what are the four examples of distributions that are exempt from gross income?
A081.
1. return of capital
2. stock split
3. stock dividend (unless cash or other property option/taxable FMV)
4. life insurance dividend
Q082.
how to account for a stock dividend of the same stock.
A082.
original basis is divided by total shares
Q083.
how to account for a stock dividend of a different stock?
A083.
original basis is allocated based on the relative FMV of the different stock.
Q084.
how are capital gain distributions treated?
A084.
distributions by a corp that has no e&p, and for which the shareholder has recovered his entire basis, are treated as taxable gross income
Q085.
the receipt of a state or local income tax refund in a subsequent year is not taxable if _______.
A085.
the taxes paid did not result in a tax benefit in the prior year (itemize or standard deduction)
Q086.
payments for the support of a spouse are ____ to the spouse receiving the payments are ______________ by the contributing spouse
A086.
income; deductible to arrive at AGI
Q087.
what are the requirements to be deemed alimony?
A087.
1. payments must be legally required pursuant to a written divorce (or separation) agreement
2. payments must be in cash (or its equivalent....paying credit cards or college)
3. payments cannot extend beyond the death of the payee- spouse
4. payments cannot be made to members of the same household
5. payments must not be designated as anything other than alimony
6. spouses may not file a joint tax return
Q088.
is child support taxable?
A088. no
Q089.
if the divorce settlement provides for a lump- sum payment or property settlement by a spouse, that spouses gets ____ for payments made, and the payments are _____ of the spouse receiving the payment
A089.
no deduction; not includible in the gross income
Q090.
for business income, must use ____ method for inventory
A090. accrual
Q091.
types of business expenses
A091.
1. COGS
2. salaries and commissions (paid to others)
3. state and local bus tax paid
4. office expenses
5. actual auto expenses, or standard mileage rate
6. business meal & entertainment at 50%
7. depreciation of business assets
8. interest expense on business loans (when incurred and paid)
9. employee benefits
10. legal and professional services
11. bad debts (accrual tax payer only)
Q092.
which salaries and commissions are considered business expenses?
A092.
ones paid to others, not to yourself
Q093.
when can business meal and entertainment expenses be 100% deductible?
A093.
when all proceeds go to benefit a charity
Q094.
interest expense paid in advance by a cash basis taxpayer cannot be deducted until ________
A094.
the tax year/period to which the interest relates
Q095.
what bad debt write off method is used for tax purposes?
A095.
direct write off method, rather than allowance method
Q096.
what are nondeductible expenses for schedule c?
A096.
1. salaries paid to the sole proprietor
2. federal income tax
3. personal portions of stuff
4. bad debt expense of a cash basis taxpayer (who never reported the income)
5. charitable contributions
Q097.
where are charitable contributions reported?
A097.
itemized deduction on schedule A
Q098.
what are the two taxes on net business income?
A098.
income tax and fed self- employment (S/E) ax
Q099.
an adjustment to income is allowed for _______ of S/E tax (Medicare plus social security) paid
A099.
one- half (which is 7.65% of up to 106,800 of self- employment income in 2010 plus 1.45% of self employment income thereafter)
Q100.
all self employment is subject to the ______ tax, but only up to $106,800 in 2010 is subject to the ______ tax
A100.
2.9% Medicare tax, 12.4% social security tax
Q101.
how is a net taxable business loss treated?
A101.
a business with a loss may deduct the loss against other sources of income. when the loss exceeds these amounts, the excess net operation loss is permitted as a carryover
2 year carryback, 20 year carryforward
Q102.
uniform capitalization rules apply to the following:
A102.
1. real or tangible personal property produced by the taxpayer for use in his trade of business (machine tools for use in the production line of a machine tool manufacturer) 2. real or tangible personal property produced by the taxpayer for sale t his or her customers (manufacturer's inventory)
3. real or tangible personal property acquired by the taxpayer for resale (retailer's inventory)
Q103.
the uniform capitalization rules do not apply to (inventory) property acquired for resale if _____________________
A103.
the taxpayer's average gross receipts for the preceding three tax years do not exceed $10,000,000 annually.
Q104.
costs required to be capitalized include:
A104.
direct materials, direct labor, and applicable indirect costs
Q105.
costs not required to be capitalized include:
A105.
selling, advertising, and marketing expenses, certain general and administrative expenses, research, and officer compensation not attributed to production services.
Q106.
unless an exemption exists for a taxpayer or a contract, long- term contracts must be accounted for using the ____ method to determine taxable income for a particular contract
A106.
percentage- of- completion
Q107.
which contracts are exempt from the long- term requirement that they use percentage- of- completion?
A107.
1. small contractors (no more than 2 yrs)
2. home construction contractors
3. contract that includes land and where less than 10% of the total contract costs relates to the actual construction of property on the land
4. services performed by architects, engineers, etc (contracted to perform services but are not generally responsible for the final product under contract)
5. services performed under warranty and maintenance agreements related to the long- term contract
Q108.
unless an exemption exists for a taxpayer or a contract, those involved in long- term contracts must use _______ to account for their long- term projects in construction.
A108.
cost allocation rules (essentially the Uniform Capitalization Rules)
Q109.
which contracts are exempt from the cost allocation rules required for tax for long- term construction contracts?
A109.
small contractor and home construction.
Q110.
Small contractor and home construction contractors are required to allocate _______ related to the contract to the costs of the project
A110.
production period interest
Q111.
home construction projects that are not also small constructions projects must use ______
A111.
uniform capitalization rules
Q112.
in cost allocation rules for long- term construction contracts, interest for the production period need not be capitalized if_______________
A112.
the total cost of the project is $1 mil or less and the project is estimated to take less than 12 months to complete
Q113.
for cash basis taxpayers, the starting date of production is generally the date on which the contractor ____
A113.
incurs costs (other than the start- up engineering, design, etc. costs that are excluded from cost allocation) under the contract.
Q114.
for accrual basis taxpayers the starting date is _________
A114.
the later of the date for cash basis taxpayers or the date the taxpayer has incurred at least 5% of the total costs initially estimated under the contract
Q115.
the end date of the production period is generally the date on which _____
A115.
the work under the contract is complete (per contract provisions) or on the date the taxpayer has incurred at least 95% of the total costs expected under the contract
Q116.
what is the cost- to- cost method of calculating the percentage- of- completion?
A116.
ratio of the total cumulative costs incurred to date at the end of the tax year divided by the total expected costs to be incurred under the contract.
Q117.
the ______ method is required to be used for Alternative Minimum Taxation, regardless of the method used for regular tax (except for home construction contracts)
A117.
percentage- of- completion
Q118.
even if the percentage- of- completion method is used for regular tax purposes, there are still likely to be differences in the calculation of taxable income because ___________
A118.
the calculation of alternative minimum taxable income must take into account not only the method of income recognition, but also other alternative minimum tax rules (e.g. depreciation methods)
Q119.
_________ must be calculated using the percentage of completion method, even if the corporation uses the completed- contract method for regular tax purposes.
A119.
corporate earnings and profits.
Q120.
in order for the manufacture of personal property to qualify as long- term contract, not only must the contract not be completed within the year it was started, but it also must be ____________
A120.
for the manufacture of a "unique" item (i.e., an item that is made specifically for a customer and could not be sold to others, is not generally part of a taxpayer's normal inventory, and requires significant pre- production costs)
Q121.
if a taxpayer performs services for a contractor that is required to account for a long- term contract entered into with a related party using the percentage- of- completion method, the taxpayer (even those providing engineering or design services) must also use the percentage of completion method because of _____, unless the exception exists where ______
A121.
because of the related party impact. the exception is where over 50% of the 3- year average annual gross receipts of the same items stem from unrelated parties.
Q122.
most farmers use the ___ basis of accounting.
A122. cash
Q123.
how does the cash basis work for calculating farming income?
A123.
inventories of produce, livestock, etc., are not considered. gross income includes the cash and the value of all other items received from the sale of produce, livestock that has been raised by the farmer, and for livestock or other items a farmer may have bought, profit is computed by subtracting the purchase price from the sales price.
Q124.
which farmers are required to use the accrual method?
A124.
certain corporate and partnership farmers as well as all farming tax shelters.
Q125.
how does the accrual basis work for calculating farming income?
A125.
gross profit = value of inventories at year end + proceeds received from sales - value of inventories at the beginning of the year - cost of inventory purchased during the year
Q126.
whether on a cash or accrual method of accounting, taxpayers who sell stock or sell securities on an established securities market must recognized gains and losses as of the ___ date, not the ____ date.
A126.
as of the trade date, not the settlement date.
Q127.
generally, retirement money cannot be withdrawn until the individual reaches the age of ____ or the individual elects _______________
A127.
59.5; elects to receive equal periodic distributions over his life expectancy.
Q128.
what is RMD?
A128.
required minimum distribution (for IRAs) by age 70.5
Q129.
when a person retires the funds will be taxed as ______ when received
A129.
ordinary income (regardless of what type of income, such as capital gain, was earned while the funds were invested)
Q130.
are qualified benefits received from a roth IRA taxable?
A130. no
Q131.
what is taxable in a traditional non- deductible IRA?
A131.
principal - not taxable. accumulated earnings - taxable when withdrawn
Q132.
what is the penalty for withdrawing on an IRA early?
A132.
10% penalty tax (on top of any increase in regular income tax) if the individual has not met an exception
Q133.
there is no penalty if the premature distribution on an IRA was used to pay for:
A133.
H - home buyer (1st time) $10,000 max exclusion (w/in 120 days)
I - insurance (medical) if you're unemployed longer than 12 weeks / self employed
M - medical expenses in excess of 7.5% of AGI
D - disability (permanent/indefinite)
E - Education
D - Death
Q134.
excess contribution to an IRA plan are subject to ______________ until the excess is corrected
A134.
cumulative 6% excise tax each year
Q135.
if an annuitant lives longer than expected, then further payments are _____.
A135.
fully taxable
Q136.
if an annuitant dies before all the payments are collected, the unrecovered portion is a _______ on the annuitant's final income tax return
A136.
miscellaneous itemized deduction not subject to the 2% AGI floor.
Q137.
Schedule _ is used to compute supplemental income and/or loss from rental real estate, royalties, partnerships and lLLCs, S corps, estates, trusts
A137. Schedule E
Q138.
what is the basic formula for the determination of net rental income or loss?
A138.
gross rental income + prepaid rental income + rental cancellation payment + improvement in- lieu- of- rent - - - rental expenses
Q139.
rental of vacation home - rented less than 15 days - what are the tax implications?
A139.
rental income excluded from income. treated as personal residence. mortgage interest and real estate taxes are allowed as itemized deductions. depreciation, utilities, and repairs are not deductible.
Q140.
rental of vacation home - rented 15 or more days - what are the tax implications?
A140.
treated as personal/rental residences. expenses are pro- rated between personal and rental use. (taxes prorated by annual period, utilities and depreciation by annual usage). rental use expenses are deductible only to the extent of rental income.
Q141.
how are nondeductible PALs treated?
A141.
passive activity losses can only be offset by passive income! carryforward forever- - if still unused, suspended losses become fully tax deductible in the year the property is disposed of (sold)
Q142.
if the taxpayer becomes a material participant in the passive activity, how are unused passive losses treated?
A142.
the can be used to offset the taxpayer's active income in the same activity.
Q143.
who are the taxpayers subject to passive activity loss rules?
A143.
individuals, estates, trusts, personal service corps, and closely held C corps
Q144.
an individual may deduct rental activity losses if:
A144.
mom and pop exception, real estate professional
Q145.
what is the mom and pop exception of the passive activity loss disallowed net loss exception?
A145.
taxpayers ay deduct up to $25,000 per year of net passive losses attributable to rental real estate annually if the individuals are actively participating/managing
Q146.
for the carryforward after the mom and pop exception, an estate can qualify for the ___ years following the decedent's death if the decedent actively participated in the operation
A146. two years
Q147.
what is the phaseout for the mom and pop exception?
A147.
reduced by 50% of the excess of the taxpayer's AGI (without consideration of this loss deduction) over 100,000. (so up to $150,000)
Q148.
what are the conditions to be considered a real estate professional (so that the rental activities are not considered passive and the taxpayer can fully deduct losses from the rental activities against other income)?
A148.
1. more than 50% of the taxpayer's personal services during the year are performed in real property businesses 2. the taxpayer performs more than 750 hours of services in real property businesses during the year
Q149.
the taxpayer must include in gross income the ___ amount received for unemployment compensation
A149.
full amount
Q150.
are social security benefits included in income?
A150.
maybe, depends on how much you make! (5 levels of provisional income)
Q151.
what is provisional income?
A151.
AGI + tax- except interest + 50% of social security benefits (MODIFIED ADJUSTED GROSS INCOME)
Q152.
if you are low income, how much of your social security benefits are taxable?
A152.
zero. provisional income: less than $25,000 single, $32,000 married
Q153.
if you are upper income, how much of your social security benefits are taxable?
A153.
85%. provisional income: more than $34,000 single, $44,000 married
Q154.
what do you need to add to your AGI to end up at MAGI?
A154.
1. income excluded for foreign earned income exclusion
2. exclusion or deduction claimed for foreign housing
3. interest income from series EE bonds that you were able to exclude because you paid qualified higher education expenses
4. deduction claimed for student loan interest or qualified tuition and related expenses
5. any employer- paid adoption expense you excluded
6. any deduction you claimed for an annual (non- rollover) contribution to a regular IRA
Q155.
an exclusion from income for certain prizes and awards applies where the winner is _________
A155.
where the winner is selected for the award without entering into a contest and assigns the award directly to a governmental unit or charity
Q156.
when can gambling losses be deducted?
A156.
only to the extent of gambling winnings. allowable amount is deductible on schedule A as an itemized deduction, but the amount is not subject to the 2% floor.
Q157.
to decide whether a business recovery is excludible, one must determine _______
A157.
what the damages were paid in lieu of. (if for lost profit, then it's income)
Q158.
when are punitive damages taxable?
A158.
fully taxable as ordinary income if received in a business context or for loss of personal reputation. also if personal injury case, except in wrongful death cases
Q159.
scholarships and fellowship grants are excludable only up to amounts actually spent on tuition, fees, books and supplies (not room and board) provided:
A159.
1. the grant is made to a degree- seeking student
2. no services are performed as a condition to receiving the grant
3. the grant is not made in consideration for past, present, or future services of the grantee
Q160.
how are graduate teaching assistants and research assistants who receive tuition reductions taxed?
A160.
they are taxed on the reduction if it is their only compensation, but not if the reduction is in addition to other taxable compensation.
Q161.
does gross income include property received from a gift or inheritance?
A161. no
Q162.
what is the taxable portion of a gift?
A162.
any income received from such property (interest income, rental income, etc)
Q163.
are Medicare benefits included in gross income?
A163. no
Q164.
when can you exclude from gross income payments received (even with multiple recoveries) from accident insurance?
A164.
if the individual paid all premiums for the insurance
Q165.
taxpayers working abroad may exclude from gross income up to $____ of their foreign- earned income. in order to qualify for the exclusion, the taxpayer must satisfy one of the two tests:
A165.
$91,500. bona- fide residence test (for an entire taxable year), physical presence test (present for 330 full days our of any 12- consecutive - month period.
Q166.
is treasury stock a capital asset?
A166. no
Q167.
are copyrights, literary music or artistic compositions that have been purchased capital assets?
A167. yes
Q168.
is section 1231 assets capital?
A168. no
Q169.
how is the gain/loss calculated when you sell property that was gifted to you?
A169.
if the FMV is higher, then selling price - basis. if FMV value is lower, then gain = selling price - basis and loss = FMV - selling price. anything in between is no gain or loss.
Q170.
how do you calculate gifted property depreciation?
A170.
lesser of the donor's adjusted basis at the date of the gift or the FMV at the date of gift.
Q171.
what is the holding period when you receive property as a gift?
A171.
normally assume the donor's holding period. unless the FMV is used (as a loss basis) as the basis of the fit, the holding period starts as of the date of the gift.
Q172.
what is the alternative valuation date for inherited property?
A172.
the earlier of 6 months after death or the date of distribution/sale
Q173.
what is the general rule for inherited property basis?
A173.
for years after 2010, property acquired by the bequest or inheritance generally takes as its basis the step- up (or down) to FMV at the date of the decedent's death
Q174.
how is the holding period determined for property acquired from a decedent?
A174.
automatically considered to be long- term property regardless of how long it has actually been held.
Q175.
a gain is not taxed for the following:
A175.
H - Homeowner's exclusion
I - Involuntary Conversions
D - Divorced Property Settlement
E - exchange of Like- Kind Business/Investment assets I - Installment Sale
T - Treasury and capital Stock Transactions
Q176.
What is the dollar amount of the homeowner's exclusion from gross income for gain?
A176.
$500,000 for married couples filing a joint return and certain surviving spouses; $250,000 for single, married filling separately, and head of household
Q177.
who qualifies for the homeowner's exclusion from gross income for gain?
A177.
taxpayer owns and used the property as a principal residence for two years or more during the 5 year ending period ending on the date of the sale or exchange. either spouse for a joint return must meet the ownership requirement, but both spouses must meet the use requirement with respect for the property. may not use exclusion more than once every 2 yrs (could get partial if other reasons though)
Q178.
how are involuntary conversions treated for gains?
A178.
nonrecognition treatment is given because the reinvestment of proceeds restores him to the position he held prior to the conversion. if the taxpayer does not reinvest all the proceeds, his gain on the transaction will be recognized to the extent of the unreinvested amount.
Q179.
in an involuntary conversion, when must property be reinvested by?
A179.
personal property = 2 years from year end, business property = 3 years
Q180.
in an involuntary conversion, when the gain exceeds $100,000, __________
A180.
property acquired from related parties and certain close relatives don't qualify as replacement property
Q181.
how are losses dealt with in an involuntary conversion?
A181.
losses are recognized!
Q182.
nonrecognition treatment is accorded to "like kind" exchange of property used in the trade or business or held for investment, EXCEPT:
A182.
inventory, stock, securities, partnership interests, and real property in different countries
Q183.
how do you determine the amount of income to report in an installment sale for the year?
A183.
earned revenue = cash collections x gross profit percentage
Q184.
how are treasury and capital stock transactions by a corporation treated for tax purposes?
A184.
sales of stock by corporation, repurchase of stock by corp, and reissue of stock are exempt from gain and losses are disallowed. essentially corporations are precluded from tax benefits or income taxes resulting from dealing in their own stock.
Q185.
which losses on sales of property are nondeductible?
A185.
W - wash sale loss
R - related party transactions P - Personal loss
Q186.
what is a wash sale?
A186.
when a security is sold for a loss and is repurchased within 30 days before or after the sale date
Q187.
who falls under a related party?
A187.
brothers and sisters, husband and wife, lineal descendants, entities that are more than 50% owned by individuals, corps, trusts, and/or partnerships
Q188.
capital gains taxes are imposed on all sales of nondepreciable property between all related parties except:
A188.
1. husband and wife (basis is merely transferred)
2. individual and a 50% controlled corp or partnership (where the gain is taxed as ordinary income
Q189.
what are the basis rules for selling property under related party transactions?
A189.
same as gift- basis rules
Q190.
no deduction is allowed for the loss on a non- business disposal or loss. an itemized deduction may be available in the category of ______
A190.
casualty and theft
Q191.
what is the holding period and tax rate for long term capital gains?
A191.
more than one year, 15% max, 0% if in the 10% or 15% income tax bracket (increase by 5% in 2013)
Q192.
what is the holding period and tax rate for short term capital gains?
A192.
one year or less, tax rate is treated as ordinary income.
Q193.
any unrecaptured section 1250 gain from depreciation that is not treated as ordinary income is taxed at ___% for taxpayers not in the 10 or 15% income tax bracket
A193. 0.25
Q194.
long term gains on ________ are taxed at 28% (for taxpayers not in the 10%, 15% or 25% tax brackets)
A194.
collectibles, antiques, and small company (section 1202) stock
Q195.
individual taxpayers realizing a net long- or short- term capital loss may only recognize (deduct) a max of ___ of the amount realized from other types of gross income (ordinary income, passive income, or portfolio income)
A195. 3000
Q196.
for individuals, what is the carryback of a net capital loss?
A196.
no carryback. but you can carry forward an unlimited time until exhausted.
Q197.
how is a personal (non- business) bad debt treated?
A197.
a short- term capital loss in the year debt becomes totally worthless
Q198.
how are worthless stock and securities treated under net capital losses?
A198.
the cost (or other basis) of worthless stock or securities is treated as a capital loss, as if they were sold on the last day of the taxable year in which they became totally worthless
Q199.
what are the netting procedures for capital gains and losses for individuals?
A199.
gains and losses are netted within each tax rate group, creating net short- term and long- term gains or losses by rate group. resulting short- term and long- term loses are then offset against short term and long- term gains (respectively) beginning with the highest tax rate group and continuing to the lower rates
Q200.
how are net capital gains for c corps treated?
A200.
added to ordinary income and taxed at the regular rate (do not get the benefit of lower capital gains rates). section 1231 gains are entitled to capital gain treatment
Q201.
how are net capital losses for c corps treated?
A201.
corporations may not deduct any capital loss from ordinary income. only use capital losses against capital gains. net capital losses are carried back 3 years and forward 5 years as a short term capital loss.
Q202.
how are section 1231 assets treated in a business in terms of gains and losses?
A202.
gains treated as "capital" assets used in the business while losses are treated as ordinary losses.
Q203.
If you are an eligible educator, you can deduct ____________________ as an adjustment to income.
A203.
$250 qualified expenses you paid. ($500 for married teachers)
Q204.
who is considered an eligible educator for the adjustment?
A204.
k- 12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year
Q205.
what are qualified expenses for educator expenses?
A205.
ordinary and necessary expenses paid in connection with books, supplies, equipment (including comp equip, software, and services) and other materials used in the classroom.
Q206.
what are qualified educator expenses reduced by?
A206.
1. excludable U.S. series EE and I savings bond interest from Form 8815
2. nontaxable qualified state tuition program earnings
3. nontaxable earnings from Coverdell Education Savings accounts
4. any reimbursements you received for these expenses that were not reported to you in box 1 of your form W- 2
Q207.
what are the four types of individual retirement accounts?
A207.
1. deductible IRA
2. nondeductible IRA
3. Roth IRA
4. coverdell education savings accounts (IRA)
Q208.
when must the contribution be made for the adjustment for a deductible IRA to be allowed?
A208.
by the due date of the tax return for individuals: April 15
Q209.
when will a taxpayer not be permitted to deduct a contribution to an IRA?
A209.
1. excessive AGI ($56+ , 89+ ) and active participation in another qualified plan
Q210.
what is the phase- out for the deductible IRA contribution for an individual who is not an active participant, but whose spouse is?
A210.
MAGI between $167,000 and $177,000
Q211.
a taxpayer generally may deduct from income the amount of a regular IRA contribution. the max deduction is limited to:
A211.
the lesser of $5,000 or the individual's compensation
Q212.
what is included in compensation?
A212.
salary, wages, commissions, bonuses, and alimony
Q213.
what is not included in compensation?
A213.
interest, dividends, annuity income, and pensions
Q214.
what is the additional catch- up contribution?
A214.
if over 50 yrs old by December 31st, allowed an additional contribution ("adjustment") of $1000
Q215.
which phaseout limits are higher, deductible IRAs or roth iRas?
A215. roth iras
Q216.
qualified nontaxable distributions of roth iras are those made at least five years after the taxpayer's first contribution to a roth ira and made:
A216.
1. after the taxpayer reaches age 59.5
2. to a beneficiary after the taxpayer's death
3. because the taxpayer is disabled
4. for use by a "first time" homebuyer to acquire a principal residence. there is a lifetime $10,000 limit on qualified distributions for this purpose.
Q217.
what are the tax effects of a coverdell education savings account?
A217.
non- deductible contributions, but tax- free accumulation of earnings and tax- free distributions
Q218.
what are the tie limits associated with coverdell education savings accounts?
A218.
contribute up to 18 years, and the beneficiary must use it by age 30
Q219.
ay amounts remaining when the beneficiary reaches 30 years of age must be distributed (except in the case of a special needs beneficiary). distribution may take one of two forms:
A219.
1. distributed to beneficiary, taxable and assessed a 10% penalty
2. rollover to another family member of the taxpayer
Q220.
what is the maximum contribution per year for a coverdell education savings account?
A220. 2000
Q221.
what is the adjustment for education loan interest?
A221.
limited to $2500. any excess or disallowed is personal interest and not deductible. phaseout at $60k- $75k
Q222.
what are the tuition and fees above the line deduction?
A222.
applies regardless of whether the education was work- related. expenses above the maximum of $4,000 are only deducible as education expenses (itemized deductions subject to 2% of AGI limitation). [$4,000 if <$65k, $2.000 if 65k- 80k, nothing if >80k]
Q223.
what is a health savings account and how does it work?
A223.
HSAs enable workers with high- deductible health insurance to make pre- tax contributions of up to $3,050 to cover health care costs. these amounts are increased by $1,000 for those who reach age 55 within the year. excludable withdrawals if used for qualified medical expense of any account beneficiary.
no contributions allowed once a taxpayer becomes covered by Medicare parts A or B.
Q224.
what is an archer medical savings account?
A224.
similar to IRAs, but they are used for health care. typically used only if HSA is unavailable.
Q225.
when are moving expenses deductible to arrive at AGI?
A225.
work related. new workplace is 50 miles further. 39 weeks (75%) of the next year. only direct moving costs are allowable. employer reimbursements are excludable from income to the extent the amounts qualify as deductions.
Q226.
which moving costs are deductible to arrive at AGI?
A226.
travel and lodging of the taxpayer and his family. transportation expenses are deductible at actual out- of- pocket amounts of 16.5% per mile. tolls and parking fees, but not other amounts, can be added to the mileage rate if it is used. transporting household goods and personal effect to the new location.
Q227.
which moving expenses are non- deductible?
A227.
meals, pre- move house hunting, expense of breaking a lease, temporary living expenses.
Q228.
what is a keogh (profit sharing) plan?
A228.
self employed taxpayer subject to the self- employment tax is generally allowed to set up.
Q229.
what is the max annual deductible amount of a keogh plan?
A229.
49,000, or 25% net (keogh/self- employed) earnings
Q230.
how much of self- employment tax can be an adjustment?
A230.
50% of social security/medicare tax
Q231.
how much of self- employed health insurance can be an adjustment?
A231.
all of it, provided the plan is set up in the name of the self- employed individual or the individual's business
Q232.
how is the penalty on early withdrawal of savings (interest income) treated?
A232.
adjustment to income. do not net against interest income
Q233.
what tax break is there for attorney fees paid in discrimination cases?
A233.
in certain cases, an adjustment is allowed for attorney fees paid in connection w/ age, sex, or racial discrimination and whistleblower fees cases. limited to the amount claimed as income from the judgment.
Q234.
what tax break is given for domestic production activities?
A234.
taxpayers will receive an adjustment for a percentage (9%) of qualified production activities income or the taxpayer's taxable income without considering the deduction (whichever is less). form 8903 will be filed.
Q235.
when can married filing separately use the standard deduction?
A235.
available only if both taxpayer and spouse do not itemize.
Q236.
what is the standard deduction for dependent of another?
A236.
amount is the greater of 950 or his earned income plus 300. may claim the same additional standard deduction as other taxpayers for blindness and/or age 65 or over status.
Q237.
what is the limitation on itemized deductions?
A237.
none. there used to be one with AGI exceeding certain thresholds, not anymore though.
Q238.
payments on behalf of these individuals qualify for the itemized deduction for medical expenses:
A238.
1. yourself
2. spouse
3. dependent who received over half his or her support from you (under $ taxable income and precludes joint return do not matter)
Q239.
what is the formula to calculate how much medical expenses are deductible?
A239.
qualified med expenses - insurance reimbursement = qualified medical expense "paid".
subtract 7.5% AGI = deductible medical expenses
Q240.
types of deductible medical expenses
A240.
medicine and drugs, doctors, medical and accident insurance, required surgery, transportation to medical facility, physically handicapped costs
Q241.
types of non- deductible medical expenses
A241.
elective surgery, the part of social security tax paid for basic Medicare, funerals, life insurance, capital expenditures up to the increase in FMV of the property because of the expenditure, health club memberships, personal hygiene
Q242.
what happens to reimbursement of expenses by an employer that exceed the total of medical or dental expenses paid by a taxpayer?
A242.
included in gross income
Q243.
what happens to reimbursement of medical expenses received in the current year that was deducted in a year prior?
A243.
included as part of gross income in year received
Q244.
are federal income taxes taken as an itemized deduction?
A244. no
Q245.
when are foreign real estate taxes paid deductible?
A245.
only for real estate held as an investment
Q246.
how are real estate taxes on land held for appreciation treated?
A246.
may be capitalized or deducted at the option of the taxpayer
Q247.
what are the types of taxes that can be used in itemized deductions?
A247.
1. real estate tax
2. state and local foreign income tax 3. personal property tax
4. sales tax
Q248.
when can you deduct sales tax?
A248.
taxpayer may elect to deduct either state and local income taxes or state and local general sales taxes
Q249.
how is sales tax deducted?
A249.
the amount is either
1. the total of actual general sales tax paid
2. IRS table, plus any amount of sales tax paid for a motor vehicle, boat, or other IRS approved items
Q250.
what are taxes that are not deductible?
A250.
federal taxes (including social security), inheritance taxes for states, business and rental property
Q251.
what are the two categories of qualified residence interest for home mortgages?
A251.
acquisition indebtedness and home equity indebtedness
Q252.
acquisition indebtedness is debt that is:
A252.
1. incurred in buying, constructing, or substantially improving the taxpayer's principal and second home, and 2. secured by home
3. points related to acquisition indebtedness are deductible immediately
4. refinancing points must be amortized over the period of the loan
Q253.
what is the limit on acquisition indebtedness?
A253.
interest on up to 1,000,000 of principal of acquisition indebtedness is deductible as qualified residence interest. excess is treated as personal interest, and not deductible.
Q254.
what is home equity indebtedness?
A254.
debt that is secured by the taxpayer's principal or second residence, but is not "acquisition indebtedness" (i.e. not used to acquire, build, or improve the home) used for anything
Q255.
the maximum that can be treated as home equity indebtedness is the lesser of:
A255.
1) $100,000
2) FMV of the property reduced by the amount of outstanding acquisition indebtedness (aka the equity in home)
Q256.
is personal (consumer) interest deductible?
A256. no
Q257.
how is education loan interest treated?
A257.
adjustment, not an itemized deduction. up to $2500
Q258.
are gifts given to organizations tax deductible?
A258. yes
Q259.
are gifts given to needy families tax deductible?
A259. no
Q260.
are political contributions tax deductible?
A260. no
Q261.
what is the maximum allowable deduction for charitable contributions?
A261.
overall limit = 50% of AGI
Q262.
what are the limitation rules for charitable contributions?
A262.
overall limit = 50% AGI
1. cash may be all 50 %.
2. general property - lesser of basis of FMV
3. long- term appreciated property is limited to the lesser of - 30% of AGI
- the remaining amount to reach 50% after cash contributions
Q263.
how much of AGI can be deducted for gifts to a non- operating private foundation?
A263. 0.2
Q264.
what is the deduction for contribution of services?
A264.
none for value and time, but can deduct out- of- pocket expenses incurred. 14 cents per mile, or cost of gas and oil. parking and tolls.
Q265.
what is the deduction for hosting a foreign exchange student?
A265.
$50 for each full month
Q266.
for contributions of more than $___ of noncash property, the taxpayer must file form _____
A266.
$500. form 8283
Q267.
when is a written appraisal needed for charitable contributions?
A267.
if more than $5,000 for any one item or group of similar items, except that no appraisal is needed for publicly traded securities
Q268.
what is the calculation for casualty and theft losses?
A268.
loss (smaller of basis and decreased FMV) - insurance recovery
= taxpayers loss
- $100
= eligible loss
- 10% of AGI
= deductible loss
Q269.
when are miscellaneous itemized deductions allowed?
A269.
only to the extent that the miscellaneous deductions combined exceed 2% of AGI and were not taken as part of an allowable adjustment
Q270.
what are the types of miscellaneous itemized deductions?
A270.
1. unreimbursed business expenses
2. educational expenses
3. uniforms
4. business gifts
5. business use of home
6. employment agency fees
7. expenses of investors - safe deposit box and investment advice
8. subscriptions of professional journals
9. tax preparation fee
10. debit card convenience fees incurred to pay income tax
Q271.
what are the types of unreimbursed business expenses that can be used as itemized deductions?
A271.
travel, meals and lodging (overnight), transportation expenses, meals and entertainment expenses (50%)
Q272.
what are examples of refundable credits?
A272.
1. child tax credit (refund is limited)
2. earned income credit
3. withholding taxes
4. excess social security paid
5. long- term unused minimum tax credit
6. American opportunity credit (40% refundable) 7. making work pay credit
8. adoption credit
Q273.
what is the child and dependent care credit?
A273.
a tax credit of 20% to 35% of eligible expenditures. one dependent = 3,000 max expenditures, 2 or more dependents = $6000 max expenditures
Q274.
who is eligible for the child and dependent care credit?
A274.
qualifying child, under age 13, who can be claimed as a dependent; disabled dependent who meets support test; spouse who is disabled and not able to take care of himself
Q275.
for the child and dependent care credit, how is the amount that is multiplied by the applicable percentage computed?
A275.
using the lowest of:
1. the earned income of the spouse with the lesser amount 2. the actual childcare expenditure
3. the maximum amount (3000 or 6000)
Q276.
what are eligible expenditures for the child and dependent care credit?
A276.
babysitter, nursery school, day care. NOT grammar school.
Q277.
how do you determine the credit computation for the child and dependent care credit?
A277.
under $15k AGI = 35% phaseout = 35- 20% over 43k = 20%
Q278.
what is the credit for the elderly and/or permanently disabled?
A278.
credit of 15% of eligible income to individuals who are 65 years of age or older or under 65 and retired due to permanent disability
Q279.
what are the base amounts for each filling status for the credit for elderly/permanently disabled?
A279.
$5000 for a single person
$7500 if MFJ and BOTH are qualifying individuals $3750 for married filing separately
Q280.
what are the AGI limits for each filling status for the credit for elderly/permanently disabled
A280. single 7,500 mfj 10,000 mfs 5,000
Q281.
what is the calculation for the credit for the elderly/disabled?
A281.
base amount - all social security - 1/2 excess AGI = balance.
balance x .15 = credit
Q282.
what is the American opportunity credit for?
A282.
education expenses for a student's first four years of college education. can have multiple students.
Q283.
how is the American opportunity credit calculated
A283.
100% of the first $2000 expenses, 25% of the next $2000 expenses. (max = $2500)
Q284.
what are the qualifications of the student to receive the American opportunity credit?
A284.
- half time in one academic period during the year
- not convicted of federal or state felony drug offense in calendar year for which expenses are incurred
Q285.
is there a phaseout for the American opportunity credit?
A285. yes
Q286.
what part of the American opportunity credit can be refunded?
A286.
40% of it is refundable, and the nonrefundable portion may offset both regular and amt
Q287.
what is the lifetime learning credit?
A287.
20% of qualified expenses up to $10k. available for unlimited number of years for qualified tuition and related expenses (EXCEPT BOOKS). only one kid per year
Q288.
is there a phaseout for the lifetime learning credit?
A288. yes
Q289.
how can you use coverdell education savings account distributions in conjunction with education credits?
A289.
distribution cannot be used for the same educational expenses for which either the American opportunity credit or lifetime learning credit was claimed
Q290.
what is the limit for the adoption credit?
A290.
$13,170 per child
Q291.
what is the timing for the adoption credit?
A291.
credit is claimed for years after the payment is made until the adoption is final, at which point expenses paid in the year it becomes final are claimed in that year. for foreign children adopted, no credit can be claimed until the year it becomes final. in either case, expenses paid in later years can be claimed in the year paid
Q292.
what is the purpose of the retirement savings contributions credit?
A292.
be nice to people with low income who contribute to a traditional IRA or Roth IRA.
Q293.
what is the limitation of the retirement savings contributions credit?
A293.
limited to the excess of the regular income tax liability and AMT liability over the taxpayer's nonrefundable personal credits. no carryover allowed.
Q294.
who is eligible for the retirement savings contributions credit?
A294.
over 18, not a dependent, not a full- time student
Q295.
is a foreign tax credit an itemized deduction or a credit?
A295.
it could be either. there is a limit on the credit, so an individual might find it better to deduct the taxes as an itemized deduction instead.
Q296.
what is the allowable amount of foreign tax credit?
A296.
limited to the lesser of
1. foreign taxes paid or
2. foreign taxable income/(taxable income + exceptions) x U.S. tax = foreign tax credit limit
Q297.
what is the carryover of disallowed foreign tax credit?
A297.
carry back one year, carry forward ten years
Q298.
what is the limit for the general business credit?
A298.
can't exceed "net income tax" (regular income tax + amt - nonrefundable tax credits), less the greater of:
1. 25% of regular tax liability above 25,000, or 2. tentative minimum tax for the year
Q299.
what is the carryover for unused general business credits?
A299.
generally carried back one year and forward 20 years
Q300.
what is the work opportunity credit
A300.
available to employers who hire employees from a targeted group. part of the gen business credit.
a. 40% of first $6,000 of first year's wages
b. 40% of firs $3,000 to certain summer youth
Q326.
when can you file a refund claim?
A326.
three years after you filed it, or two years after the time the tax was paid if you didn't pay when filling.
Q327.
when can you file for a refund for bad debts and worthless securities?
A327.
seven years later of: due date of return or when it is filed
Q328.
what is form 1139 for?
A328.
to claim a refund of corporate income taxes.
Q329.
what is form 1045 for?
A329.
to request a quick refund of individual income taxes due to the carry back of a net operating loss
Q330.
what is form 843 for?
A330.
to request a refund of taxes other than income tax
Q331.
a taxpayer is required to make estimated quarterly tax payments if both of the following conditions are met:
A331.
1. $1000 or more tax liability
2. Inadequate Tax estimates (less than 90% of current year's tax or 100% of last years tax)
Q301.
what is the child tax credit?
A301.
taxpayers ma claim a $1,000 tax credit for each "qualifying child"
Q302.
what is the age limit for the child tax credit?
A302.
must be under the age of 17
Q303.
is there a phase- out for the child tax credit?
A303. yes
Q304.
what is the refundable limit for the child tax credit?
A304.
lesser of:
a. excess child tax credit (over tax liability) b. earned income less 3,000 times 15%
Q305.
what is the eligibility of the earned income credit?
A305.
1. live in the U.S. for more than half the taxable year,
2. meet low- income thresholds
3. not have more than a specified amount of disqualified income
4. between the ages of 25 and 65 if there are no qualifying children
5. file a joint return with spouse with certain exceptions
Q306.
what is defined as earned income
A306.
wages, salaries, tips, other employee compensation, and earnings from self employment. does not include pension and annuity income. AMT liability will not affect the credit
Q307.
an individual cannot claim the earned income credit if the individual has "disqualified income" exceeding $____. disqualified income includes:
A307.
$3,100. disqualified income includes taxable and nontaxable interest, dividends, net rental and royalty income, net cap gains income, and net passive income other than self- employment income
Q308.
if there is excess FICA with two or more employers:
A308.
taxpayer may claim the excess as a credit against income tax
Q309.
if there is excess FICA with one employer:
A309.
employer must refund the excess to the employee
Q310.
what is the small employer pension plan start- up costs credit?
A310.
small businesses (those with 100 or less employees who earned at least $5,000 in the preceding tax year), a credit is allowed for 50% of the first $1,000 (up to $500 per year) of qualified start- up costs for establishing a new qualified pension plan for three years
Q311.
what is the small business healthcare tax credit?
A311.
a credit of up to 35% of the employer's costs of the plan premiums, provided the employer contributes at least 50% of the costs of health coverage. allowed as an offset to AMT. not refundable.
Q312.
how long can the small business healthcare tax credit be carried forward?
A312. 20 years
Q313.
which costs are excluded from the small business healthcare tax credit?
A313.
the costs for family members, sole- proprietors, partners, S corp owners with greater than 2% ownership, and shareholders owning more than 5% of corps are excluded
Q314.
what is the health coverage tax credit?
A314.
for eligible individual taxpayers, a credit of 80% of healthcare premiums for qualified health insurance paid by certain taxpayers for the taxpayer and qualifying fam is allowed
Q315.
what is the residential energy credit?
A315.
max credit of 30% of qualifying nonbusiness energy property or improvements, up to a max credit of $1500 (solar electric property, water heaters, small wind energy prop and geothermal pumps have no limit)
Q316.
what are the exemption amounts for AMT?
A316.
single - $33,750 - 0.25 ( amti - $112,500)
MFJ - $45,000 - 0.25 (amti - $150,000) MFS - $22,500 - 0.25 (amti - $75,000)
Q317.
what are the adjustments to amt?
A317.
P - passive activity losses
A - accelerated depreciation (post 1986)
N - net operating loss
I - Installment income of a dealer
C - Contracts - % completion vs. completed contract
T - tax "deductions"
I - interest deductions on some home equity loans
M - medical deductions (limited to excess over 10% AGI) M - miscellaneous deductions not allowed
E - exemptions (personal) and standard deduction
Q318.
what are the tax preference items?
Q318.
what are the tax preference items?
A318.
1 - Private activity bond interest income (on certain bonds) 2 - percentage depletion the excess over adjusted basis of property
3 - pre- 1987 acc depreciation
Q319.
what is the credit for prior year minimum tax?
A319.
certain allowable AMT paid in a taxable year may be carried over as a credit to subsequent taxable years. it may only reduce regular tax, not future amt.
Q320.
what is the carry- forward for the credit for prior year minimum tax?
A320. forever
Q321.
what is the limitation on the credit for prior year minimum tax?
A321.
AMT created from certain permanent differences cannot be carried forward as part of the credit.
Q322.
what is the general statute of limitations for when the government can assess an additional tax?
A322.
three years from the later of the due date of the return or the date the return is filed (including amended returns)
Q323.
what is the statute of limitations if there is a 25% understatement of gross income?
A323.
6 years from the later of the due date of return or date return is filed
Q324.
what is the statute of limitations for fraudulent and false returns?
A324.
no statue. forever!
Q325.
what is the form for a refund?
A325.
form 1040x
Q530.
Taxability of life insurance dividends
A530.
Not taxable to the extent they do no exceed premiums.
Q531.
When to use mid- quarter convention?
A531.
Is used if more than 40% of all personal property is placed in service in the last quarter of the taxpayer's tax year.
Q532.
When to use mid- month convention?
A532.
Is used to depreciate real property.
Q533.
271/2 Year depreciation life used?
A533.
Residential rental real property
Q534.
Alimony Requirements
A534.
1. Payments must be made in cash
2. Payments must be to or for the benefit of the spouse 3. Lump- sum property settlements are not taxable
Q535.
Deductions for business gifts are limited to?
A535.
$25 per recipient each year
Q536.
Passive activity
A536.
Any activity that involves the conduct of a trade or business in which the taxpayer does "not materially participate," any rental activity, and any limited partnership interest.
Q537.
Dependent's Standard Deduction
A537.
Limited to the lesser of (1) the basis standard deduction for single taxpayers of $5,700 or (2) the greater of (a) $950 or (b) the dependent's earned income plus $300
Q538.
Corporate Gain/Loss Property Distributed in a non liquidating distribution
A538.
The distributing corporation recognizes gain on the distribution of appreciated property as if such property were sold for its FMV. However, no loss can be recognized on the nonliquidating distribution of property to shareholders.
Q539. Current E&P
A539.
(1) Add: Tax- exempt income, dividend received deduction, excess of MACRS depreciation over depreciation computed under ADS, etc.
(2) Deduct: Federal income taxes, net capital losses, excess charitable contributions, expenses related to tax- exempt income, penalties, etc.
Q540. E&P
A540.
- Is increased by gains on distribution of appreciated property
- Reduced by the adjusted basis or FMV of property, whichever is greater
- Increased by liabilities distributed
Q541.
Personal Holding Company
A541.
1. During anytime in the last half of the tax year five or fewer individuals own more than 50% of the value of the outstanding stock directly or indirectly
2. The corporation receives at least 60% of its adjusted gross income as "personal holding company income" (ex. dividends, interest, rents, royalties, and other passive income)
Q542.
Termination of S- Corp
A542.
(A) Shareholders owning more than 50% of the shares of stock of the corporation consent to revocation of the election
(B) The corporation's failing to satisfy any of the eligibility requirements. If this occurs termination is effective on the date an eligibility requirement is failed
(C) Passive investment income exceeding 25% of gross receipts for three consecutive taxable years if the corporation had subchapter C earnings and profits at the end of those years
Q543.
"Above the Line" Deductions
A543.
1. One- half of self- employment tax
2. Moving expenses
3. Self- employed health insurance deduction 4. IRA deduction
5. Payment to a Keogh retirement plan
6. Penalty on early withdrawal of savings
7. Student loan interest deduction
8. Alimony paid
9. Tuition and fees deduction
10. Health savings account deduction