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60 Cards in this Set

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  • Back
Qualifying widow/widower: requirements
1) Dependent 2) Child (not qualifying child) 3) Lives in taxpayer's home for full year
Head of household: how to qualify
One of three ways:
1) Unmarried qualifying child lives in taxpayer's household for more than Half a year
2) Dependent Relative lives in taxpayer's household for more than Half a year
3) Dependent parent lives – not required to live with - more than 50% maintained by taxpayer
Qualifying child: rules (list) CARES
Close Relative
Age
Residency
Eliminate Gross Inc. Test
Support Test change
Qualifying child: rules under Close Relative
One of the following: 1) Child by blood, marriage, or adoption 2) Foster child 3) Sibling or stepsibling 4) Descendent of one of the above
Qualifying child: rules under Age
Under 19 Or under 24 if full-time student for 5 months of year
Qualifying child: rules under Residency
Same as taxpayer for at least half of the year
Qualifying child: rules under Support Test change
The child did not contribute more than 50% of support
Dependent – QUALIFYIG RELATIVE: rules “SUPORT”
1) Support TEST: Dependent must not provide over half of support
2) Under taxable Gross Income: dependent's income subject to taxation must not exceed exemption amount $3500 in 2008 (exception: does not apply if dependent is under 19, or 24 if full-time student for 5 months of year)
3) Precludes dependent filing a Joint return: Dependent must not file a joint return
4) Only Citizenship: Dependent must be U.S. citizen (or resident of U.S., Mexico, or Canada)
5) Relative: Dependent must be a relative OR
6) Taxpayer lives with dependent individual for Whole year (foster parent and cousin)
Relative: rules
1) Linear ancestor (including parents-in-law) 2) Linear descendent (including children-in-law) 3) Siblings (including in-laws) 4) Siblings of a parent 5) Children of a sibling
Exemptions are allowed for:
1) Taxpayer 2) Spouse, if married filing jointly 3) Spouse, if separate return filed AND spouse has no gross income AND spouse is not dependent of another taxpayer 4) Dependents – See Qualifying child and Qualifying Relative
Social Security benefits: how much are taxable?
Take half of SS benefits and add to AGI. If result is 1) Less than $32K ==> SS tax-free 2) Between $32K and $44K ==> SS 50% taxable 3) Over $44K ==> SS 85% taxable Note for other than married filing jointly, limits are $25K and $34K
Cases where dividend or interest revenue is NOT taxable
1) Dividends on life insurance policies 2) Common stock dividends (unless recipient had a choice of receiving cash instead of stock) 3) State and municipal bond interest 4) Some interest on U.S. Series EE bonds
EE bond interest not taxable: requirements
1) Bonds were bought by taxpayer (not a gift) 2) Taxpayer was 24 or older when bonds were bought 3) Proceeds used to pay college costs for taxpayer, spouse, or dependent
Passive activity gains and losses: examples
1) Income from partnership or sole propietorship where owner was not actively involved 2) Income from rental activities regardless of involvement 3) Income from limited partnerships regardless of involvement
Carryback/forward: passive activity losses
Passive activity losses are not deductible on an income tax return. They are carried over and used to offset passive income in the future until used up (indefinitely). A passive activity is a business in which the taxpayer serves as an owner but does not MATERIALLY participate in the operation. Rental activities and limited partnerships are also included in this category, regardless of the owner's participation.
Scholarships are taxable income if:
Any of the following: 1) Amount received in excess of tuition and other educational costs 2) If recipient is not a degree candidate 3) If student must work in order to receive the scholarship
Group term life insurance premiums (paid by employer) are taxable income if:
If beneficiary is someone other than the employer AND Coverage is in excess of $50K, THEN Premium for coverage in excess of $50K is taxable income
Alimony: requirements
1) Must be divorced or legally separated 2) Payments must be in cash 3) Payments must be made to or on behalf of spouse 4) Payments must cease at spouse's death
Carryback/forward: self-employment losses (in excess of other ordinary income)
Carried back 2 years Carried forward 20 years
Self-employment costs: What type of deduction? What can be deducted?
Deduction for AGI 1) Half of any self-employment tax 2) Health insurance costs for taxpayer and family if business has a net profit
Education costs: What type of deduction? What can be deducted?
Deduction for AGI 1) Up to $4K per year for taxpayer, spouse, dependent 2) Cannot be taken if education credit is taken for same student
Student loan interest: What type of deduction? What can be deducted?
Deduction for AGI 1) Up to $2,500 per year 2) Loan must be taken out for education of self, spouse, or dependent
Moving expenses: What type of deduction? What can be deducted?
Deduction for AGI 1) Move must be employment-related 2) New job must be 50 miles farther from previous residence than previous job 3) Deduction limited to amount spent on moving possessions and people
There are several tests that must be met before moving expenses can be deducted. For example, the taxpayer must normally move within a year of taking the new job unless circumstances arose that prevent the move in that time period. The son finishing high school is one of those circumstances. The taxpayer must also work at least 39 weeks in the general area of the new location. Moving must be a change in the taxpayer’s main home, which can be a house, apartment, condominium, houseboat, or the like. Finally, the new job must be a commute of 50 or more miles farther than the previous commute.
NEW commute - Old commute = or > 50 miles
All itemized deductions are subject to phaseout for high income EXCEPT:
1) Medical expenses
2) Nonbusiness casualty losses
3) Investment interest expense
4) Gambling losses
Medical expenses: What type of deduction? What can be deducted? Who is eligible?
Itemized deduction
1) Amount paid in excess of 7.5% of AGI
2) Costs to improve/maintain health; medical insurance; prescription drugs and insulin
Taxpayer, spouse, dependents; also anyone who would have been a dependent except for the income requirement
Taxes: What type of deduction? What can be deducted?
Itemized deduction 1) State/local/foreign INCOME taxes (if sales taxes not deducted)
2) State/local SALES taxes (if income taxes not deducted)
3) Real estate/personal property taxes if assessed based on value AND taxpayer owns property AND property is not used in business
Interest: What type of deduction? What can be deducted (in general)?
Itemized deduction 1) Debt in connection with 1st or 2nd home
2) Debt to finance investments
Mortgage interest deduction: requirements
1) Must be 1st or 2nd home
2) Taxpayer must own home
3) Acquisition debt deductible for principal up to $1 million
4) Home equity debt (if NOT used to improve home) deductible for principal up to $100K
5) Points are deductible over life of the loan (not up front)
Charitable contributions: What type of deduction? What can be deducted (general limitations)?
Itemized deduction 1) Long-term capital assets: limited to 30% of AGI 2) All gifts including long-term capital assets: limited to 50% of AGI
Charitable contributions: amount of deduction 1) Contribution of services 2) Purchase from a charity above fair value 3) Contribution of property
1) Not deductible, but out-of-pocket expenses associated with contribution of services are deductible 2) Excess payment is deductible 3) Deductible at lower of cost or market value (exception: long-term capital assets always deductible at FMV)
Carryback/forward: charitable contributions deduction
Carried forward up to 5 years
Casualty and theft losses: What type of deduction? What can be deducted?
Itemized deduction 1) Deduct lower of tax basis or drop in value 2) Deduction is decreased by insurance reimbursement AND $100 for each incident AND 10% of AGI
Child tax credit: Amount? Who qualifies?
$1K per dependent child under 17 that is a U.S. citizen Includes children by blood, marriage, adoption Also includes siblings/nephews/nieces if you care for them as your own child
Child/dependent care credit: Requirements? Who qualifies? Amount?
Care must be necessary for taxpayer to be able to work For children under 13 or dependents who cannot care for themselves 1) Calculate cost of care up to $3K for one child or $6K for two or more children 2) Percentage of that cost is amount of credit: 35% if AGI is $15K or less, 20% if AGI is over $43K, other range of percentages in between
Hope scholarship credit: Requirements? Amount?
Student must be half-time AND in first 2 years of post-secondary education AND must not take Lifetime Learning credit Credit is 100% of first $1100 and 50% of next $1100
Lifetime learning credit: Requirements? Amount?
Student must be half-time OR education must improve job skills; also must NOT take Hope scholarship credit 20% of costs up to maximum credit of $2K
Capital assets: definition
Personal assets: furniture, house, cars, etc. Investment stocks and bonds
Non-like-kind exchange: New tax basis? Calculation of gain/loss?
New basis = FMV of new property
Gain/loss = new basis - old basis
Like-kind exchange: taxable gain when boot received
First, calculate realized gain: (FMV of items received) - (basis of asset surrendered) Second, calculate taxable gain: lesser of realized gain or boot received
Tax basis of inherited property
FMV on date of decedent's death OR
Alternative valuation: the earlier of 1) six months after death or 2) date property received from estate
Gain/loss on involuntary conversion ( Gov takes your house to build the road) : calculate tax
Loss: handled as itemized deduction or capital loss
Gain: 1) Calculate gain: amount received - tax basis
2) Calculate leftover settlement: amount received - cost of replacement property
3) Taxable gain is lesser of gain or leftover settlement
Tax basis of gift
Determined only when gift is sold to another party 1) If property sold for more than previous owner's tax basis, then basis of gift is same as previous owner's basis 2) If gift is sold for less than previous owner's tax basis, basis of gift is the lesser of the previous owner's basis OR FMV at date of gift
Capital gains/losses are reported on:
Schedule D
Reporting of nonbusiness bad debts and losses
Short-term capital loss, regardless of time involved
Gain on sale of personal residence: requirements for exclusion of gain
All three: 1) Gain can be excluded only once every two years 2) Property must be principal residence of taxpayer AND spouse for at least two of previous five years 3) Property must have been owned by taxpayer OR spouse for the previous five years
Traditional IRA: contribution limit
Up to $4K ($8K for joint return) contribution is deductible Limited to taxpayer's earned income (includes alimony; does not include interest)
Traditional IRA: Are distributions taxable? Penalties?
Distributions are taxable 10% penalty for withdrawal before age 59-1/2
unless used for: (HIM DEaD)
1)Home buyer (1st time) - $10,000 max
2) Insurance Medical
3) Med Expenses > 7.5% of AGI
4) Disability
5) Education
6) and
7) Death
Roth IRA: contribution limit
Up to $4K less any contributions to traditional IRA Up to $5K for taxpayers over 50
Roth IRA: Are distributions taxable? Conditions?
Distributions are not taxable: After 5 years If taxpayer is over age 59-1/2
Education IRA: contribution limit
Up to $2K per beneficiary
Education IRA: condition for beneficiary
Must be under 18
Education IRA: are distributions taxable?
Distributions are not taxable if used for K-12 education of beneficiary
Keogh plan: tax status of contributions/distributions?
Contributions are deductible and distributions are taxable
Itemized deductions: where reported?
Schedule A
Constructively received income
1) Income is made available to taxpayer AND 2) Taxpayer is entitled to receive income
Capital gain/loss: date used?
Date of trade (not necessarily date of cash transfer)
Credit for over-withholding of Social Security taxes is available if:
Over-withholding arose from 2+ employers both correctly withholding taxes
Rental income is reported on:
Schedule E
Distributable net income (DNI) is an amount that sets the limit on the deduction of an estate for distributions to beneficiaries. If DNI =$15,000 and $9,000 is distributed to beneficiary, how much is taxable to the beneficiary and how much is Estate is allowed to deduct?
$9,000 is taxable to the beneficiary and
is Estate is allowed to deduct $9,000
A portion of a SS benefits may be taxable if AGI is above $_________
$34,000