Professional Documents
Culture Documents
Annuities
Installment payments:
principal amount divided by number of annual payments is excluded.
Example: Frank name Halle beneficiary of $100K, Halle expected to live 25 years
100K ÷ 25 yrs = 4K per year, any excess over this amount to be included in income
Employee Benefits
Cafeteria plans
- Participants select their own menu of benefits
- For employee only.
- No minimum period required
- Do not qualify: deferred comp plans, scholarships, educational assistance, other fringe bens
Only $50,000 of group-term insurance coverage is excluded from gross income but entire proceeds excluded in
beneficiary’s income.
Death payments to employee’s wife/son from Employer included in wife/son’s gross income.
Moving expenses are a fringe benefit & excluded from gross income.
Stock Dividends
Include in GI:
- Dividends from common & preferred stock
- recognize in year dividend received in mail
- from company in foreign country (Canada)
- Company gives Halle stock dividend on Preferred Stock @ FMV
Exclude in GI:
- Dividends from life insurance policy if not yet exceeded accum premiums paid.
Interest income
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Interest income on redemption of US Series EE Bonds generally excluded from GI subject to modified GI limitation and
a limit of total bond proceeds is not in excess of qualified higher education expenses:
Example: received proceeds of principal of 5,000 and interest of 2,132 = 7,132. Qualified educational expenses totaled
4,000. Take 4,000/7,132 = .561 x 2,132 = 1,196 may be excluded from interest income.
- exclusion applies for education expenses by taxpayer, spouse, dependent claimed
- Qualified higher education expenses must be reduced by qualified scholarships not included in GI.
- Purchaser of bonds must be sole owner of the bonds or joint with spouse
Include Interest income in GI:
- on US Treasury certificates
- on Federal & state income tax refund
- on Federal government obligations
- on award for personal injuries
Include in GI:
- payment to graduate assistant for part-time teaching
- grant to PHD candidate for research for benefit of university
- stipend for research services required for scholarship
Exclude in GI:
- scholarship for tuition, fees, books, & supplies required for course
Lease Improvements
Include in GI:
- Lessor include if improvements made in lieu of rent payments
Employee exclude cost of employee achievement award to extent employer may deduct it
Allows employer deduction up to $400 per award (or 1,600 for qualified plan)
Example: bike cost (awarded to employee under achievement program) 1,200
Employee may exclude cost of bike from GI.
Alimony
Alimony recapture:
Example:
Alimony payments:
2006: 50,000
2007: 20,000
2008: zero
Excess alimony in 2nd year = Alimony paid in 2nd yr – sum of $15K & alimony paid in 3rd yr.
Excess alimony in 1st year = Alimony paid in 1st year – sum of $15K & Average of [alimony paid in 2nd yr – excess alimony
in 2nd year (see above)]
Shortcut:
2E = 2P – (15K + 3P)
1E = 1P – [15K + (2P – 2E)]
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Payments for ex-wife mortgage is not alimony bc not considered cash payment
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Dividend income on shares of stock that taxpayer received for services rendered included in GI
For joint return: If Modified AGI + ½ SS benefits < 34,000, none of SS benefits are included in GI.
Modified AGI = AGI + tax-exempt interest
Includible portion of SS benefits = lesser of ½ SS bens or ½ of excess greater than 32,000 above
+Modified AGI
+1/2 SS benefits
-$25,000 (single) or $32,000 (joint) base amount
=excess (if positive
Stock options
- employee not subject to tax until stock option is sold.
- If employee holds exercised stock option for 2 years from date option granted, emp’s realized gain treated as
LTCG in year of sale and employer receives no deduction.
- If do not meet 2 year rule, then employee report as ordinary income to extent stock’s FMV at exercise exceeded
option price, as result employer receives compensation deduction equal to amt of ordinary income reported by
employee.
Cash-basis decedent
- Include bonus earned before taxpayer’s death but not collected until after death.
Foster child payments are excluded from GI to extent they represent reimbursement for expenses incurred for care of
foster child.
Tips over $20 must be reported to employer by 10th day of next month and reported in income for year reported.
Example:
2,000 in tips in Dec. 2007, reported to employer on January 5, 2008, Employee to report on 2008 return
Lottery winnings
- include in GI
- money spent on buying lottery tickets can be deducted if you itemize, NOT subject to 2% of AGI floor.
Rents & Royalties
- include advance rental payments
- lease cancellation payments
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- value received for modifying lease
- improvements in lieu of rent
- bonus received for granting lease
- Accrual-basis taxpayers report: difference of rent receivable of both years plus rents and advance rent received
during year. Example:
Rent receivable 2007: 35,000
Rent receivable 2008: 25,000
Decrease (10,000)
Rent collection 2008 50,000
Rent deposit 2008 5,000
Rent revenue 2008 45,000
Amounts paid for future services required to be included in year of receipt. EXCEPT: accrual taxpayers allowed a
limited 1-yr deferral of income. Example: received in Nov 2007 for 2-y contract, payment for work in 2007 included in
income for 2007 return, remaining deferred to 2008 even if some work into 2009.
Interest-free loans
Corp made interest-free loan of 15,000 to shareholder on 1/1/08, payable on demand. If loan not repaid as of 12/31/08,
statutory federal rate is 5%. = 750 is dividend paid by Corp and dividend income to shareholder.
No-additional-cost-services
Include if provided on discriminatory basis
Cash-basis taxpayer should report gross income for year in which income is either actually or constructively received,
whether in cash or property.
Prepaid interest on loan : if extend beyond end of tax year, advance payment should be spread over period it covers
Example:
$12,000 advance payment in Dec. 1, 2007
Loan period: Dec. 1, 2007 to Nov. 30, 2008
2007 interest deductible: 1,000 (1 month)
2008 interest deductible: 11,000 (11 months)
Cash-basis taxpayer can not include year-end 2008 bonus paid in 2009 in net income.
Percentage-of-completion method
(Actual costs / total costs to complete) x profit = gross profit in year to report
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STANDARD DEDUCTION AND PERSONAL EXEMPTIONS
Standard deduction for student under age 24 = greater of $900 or dependent’s earned income + $300.
Personal Exemption reduced by 2% for each 2,500 or fraction thereof, by which AGI exceeds threshold. For 2009, it is
Joint 250,200
MFS 125,100
HOH 208,500
Single 166,800
Question: AGI 260,000, single, no dependents. What is personal exemption?
AGI: 260,000
Threshold (166,800)
93,200 divided by $2,500 = 37.28 (round up) so 38.
Qualify as dependent:
Citizen, national, or resident of U.S. or resident of Canada or Mexico
Watch for questions that ask for exemption amount or number of dependents. Wife is not dependent, rather, get an
exemption. Additional standard deduction for blind or over 65, not exemption.
TAX CREDITS
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Research credit
Alternate calculation
Base amount (B) = avg gross receipts for 4 yrs prior to curr taxable year
Tier 1: 3% x [(B x 1.5%) – (B x 1%)]
Tier 2: 4% x [(B x 2%) – (B x 1.5%)]
Tier 3: 5% x [qualified expenses – (B x 2%)]
Add together all 3 tier calcs to get credit amt.
Basic calculation:
= 20% x [qualified expenses – (ratio of total qualified research expense over total gross receipts x B)
Total expenses – employer paid = allowable amt for credit x reduced applicable rate above.
5,400 – 3000 = 2,400 x 27% = 648
Not work-related exp: payment to housekeeper who provide dependent care while parent off from work because of
illness.
Adoption credit
Max credit of 12,150
Hope Credit
100% for 1st $2,000
25% for 2nd $2,000
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So total up to $2,500 a year per student
Phased out at $96,000 for Joint filers in 2008.
Available for student’s first 4 years in college – graduate school does not count
Both Hope and Lifetime phase out at $59K for Single.
work opportunity credit paid to employees who are long-term family assistance recipients.
- 50% of first $10,000 of qualified 2nd year wages
- Combined credit for 2 years may not exceed $9,000 per qualified employee.
Rehabilitation building credit - recapture
Credit for rehab exp recaptured if structure sold in less than 5 years.
100% recapture if disposed within First year.
20% decline for each year after 1st year.
Example: C-corp claimed credit of 30,000, held for 3 years.
100% - (20% x 3 yrs) = 40%
30,000 x 40% = 12,000
Rehab cost must exceed adjusted basis of property before credit can be taken.
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3. NOL
TAX PROCEDURES
Each installment meets 25% of 90% of current’s year’s threshold for no penalty.
Return must be filed if taxpayer’s gross income equals or exceeds sum of personal exemptions & standard deductions &
additional standard deduction for blind & over 65
• exemption: $3,650,
Standard deduction is $11,400 for married couples filing a joint return $5,700 for singles and married individuals
filing separately $8,350 for heads of household
Claim of refunds
3 yrs from filed or
2 yrs from time tax paid, whichever is later
If no return filed: claim of refund is due 2 yrs from time tax was paid
7-yr period of limitation if due to worthless stock
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- Do NOT apply to retailers or wholesaler who acquires personal property for resale if retailer’s avg annual gross
receipts for 3 preceeding years do not exceed $10 million.
- Costs to include in inventory include factory repairs, maintenance, factory administration, officers’ salary related
to production, taxes other than income taxes, cost of quality control & inspection, current & past service costs of
pension & profit sharing plans, service support (purchasing, payroll, & warehousing & off-site storage costs)
- Nonmanufacturing costs include selling, advertising, research & experimental costs are not required to be
included in inventory.
Bad Debts
- all taxpayers (except for banks or financial institutions) must use the direct charge-off method rather than
reserve method.
- Cash basis taxpayers’ accounts receivable has zero tax basis because income not reported yet, therefore
receivable is nondeductible loss. Example if CPA (cash-basis taxpayer) billed 3,500 in services for client and
client declared bankrupt, CPA can deduct zero.
- Non-business bad debt report as Short Term Capital Loss. Example: Halle let Frank Corp. borrow $1,000;
Frank went bankrupt; Halle loss$1,000 and is reported as short-term capital loss.
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- $250K max of cost of qualifying depreciable personal property as an expense rather than as a capital
expenditure. $250,000 is reduced dollar for dollar by the cost exceeding $800,000.
o Example: purchased $820K of production machinery; taxable income before Sec.179 expense deduction
was $195K. What is max deduction in current year and carryover? 250K – (820K-800K) = 230K max;
therefore 195K expense, carryover = 35K (230-195)
- property must be purchased for use in the taxpayer’s active trade or business
- property must be purchased from unrelated party
- limit to taxable income too, remaining carried forward.
- Say bought computer equipment for $10, received $2 trade-in, adjust basis in old computer $3. used equipment
90% of time. Allowable 179 exp is $10 x 90% = $9; ignore trade in & old basis.
- In problems asking you the maximum allowable depreciation with a Sec179 limit in current year, subtract
Sec179 expense first to get depreciable basis then times the depreciation rate given. Total allowable
depreciation is Sec179 expense plus calculated depreciation.
Purchase price 100,000
Less: SEC. 179 expense (25,000)
Depreciable basis 75,000
X deprec rate(given) 14.29% = (10,718)
New basis of purch property 63,282
Max allowable deprec = 25,000 + 10,718 = 35,718
MACRS
- 7 year property
o Furniture and fixtures
o 200% double declining
o Normally ½ year convention
o Mid-quarter if 40% of all personal property is placed in service during last quarter of year
o Election to use the alternative MACRS system can not be revoked.
- 5 year property:
o Computers
o Cars, trucks, vans
o Office machinery
o Research & Experimental equipment – capitalize, amortize or expense
o 5 year Straight-line depreciation
o Half-year method!!!!!
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- reimbursements and expense allowance paid to employee under a nonaccountable plan must be included in
employee’s GI.
- Utilities and maintenance on property must be divided between personal and rental use.
- Unreimbursed employee business-related expense can not be deducted if you do not itemize. If itemized, limit
to 2% AGI floor.
- Indirect moving expenses not deductible: premove house hunting, temporary living and meals while moving,
penalty for breaking lease are not deductible. (rules: move 50 miles away, keep job for 39 weeks out of 12
months)
Roth IRA
- max annual contribution to Roth IRA is reduced if AGI exceeds certain threshold
- contributions to Roth not deductible
- can contribute even after age 70 ½
- contribution must be made by due date (apr 15) for year (not including extensions)
- conversion from Traditional IRA to Roth can occur if AGI does not exceed $100,000.
IRA
- allowable deduction is lesser of $5,000 or 100% compensation (earned income, does not include pensions or
interest income)
- if 50 or older, $6,000 deductible. = 12,000 for joint.
Keogh profit-sharing:
- “earned income” defined as net self-employment earnings reduced by deductible Keogh contribution and one-
half of Self-employment tax. (SE earnings – deductible Keogh contribution – ½ SE tax = earned income)
• READ QUESTIONS FIRST – MIGHT ASK FOR “TAXABLE INCOME”, “GROSS INCOME”
BUSINESS EXPENSE
Advance rental payments made by cash basis taxpayer must allocate payments over period of time
Generally losses arising from passive activity may be used to offset income from other passive activity but may not use
to offset active or portfolio income. (interest & dividends are portfolio income)
At-risk rules
Limit a taxpayer’s deductible losses from investment activities
Capital losses incurred by married couple filing a joint return will be allowed to the extent of capital gains plus up to
$3,000 of ordinary income.
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Amount of capital losses that can be deducted are lesser of
- excess of capital losses over cap gains
- or $3,000
Maximum amount of excess of capital gains allowed as deduction is $3,000.
Parent can report child’s unearned income solely of interest and dividends on parent’s return if between $950 and
$9,500.
Child then does not have to file return.
• Standard deduction is $11,400 for married couples filing a joint return $5,700 for singles and married
individuals filing separately $8,350 for heads of household (up $350). Nearly two out of three taxpayers take
the standard deduction, rather than itemizing deductions, such as mortgage interest, charitable contributions and
state and local taxes.
• Tax-bracket thresholds increase for each filing status. For a married couple filing a joint return, for example, the
taxable-income threshold separating the 15-percent bracket from the 25-percent bracket is $67,900, up from
$65,100 in 2008.
• The maximum earned income tax credit for low and moderate income workers and working families with
two or more children is $5,028, up from $4,824. The income limit for the credit for joint return filers with two or
more children is $43,415, up from $41,646.
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Self-employed can itemize deductions on Schedule A:
- foreign real estate taxes
- foreign income taxes
- personal property taxes
Taxes
Interest expense
- individual taxpayer for interest on investment indebtedness is limited to taxpayers net investment income
- home equity indebtedness to purchase personal goods is deductible upto $100K. “secured by home” , home
“unencumbered” by other debt
- late file penalty & negligence penalty; deficiency on federal income tax return is not deductible
Charitable contributions
- objects bought at church bazaar, take price paid minus FMV on date of purchase. Excess is deductible.
- Excess carryforward 5 years
- 30% AGI for stock contribution, capital gain property, intangible at FMV, cash contribution at 50% AGI.
- Promissory notes to charity deductible when matured and paid.
- Student expenses deductible with agreement with charity organization is $50 per school month.
- Charity must have full possession. Example: collector reserve right to collection’s use and possession during
lifetime.
Donation of stock
If held short term, it is ordinary income. Deduction = lesser of FMV or adjusted basis
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30% of AGI limit. FMV of assets
Year 1: bought land for investment for 14,000
Year 13: donated land to church. FMV at 25,000
AGI of taxpayer: 90,000; therefore limit is 27,000
25,000 deductible.
State and city sales tax are deductible in lieu of state income taxes, but not deductible in conjunction with state
income taxes.
Cannot take investment interest expense deduction on portion of loan to purchase tax-exempt obligation bonds.
Federal income taxes, penalties, and interest not deductible. Interest paid on amounts owed to IRS considered
personal and not deductible.
Exemptions
- What is included in determining total support of a dependent?
o Fair value of lodging
o Medical insurance premiums
o Birthday presents given to dependent
Can not claim exemption for Son who had no income, lived with divorced person, if son filed a joint return and had a tax
liability.
FILING STATUS
Head of household
Cost of maintaining household includes:
- rent, mortgage interest, taxes, insurance on home, repairs, utilities, and food eaten in the home
- Does not include cost of clothing, education, medical treatment, vacations, life insurance, transportation, rental
value of home an individual owns, value of individual’s services.
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Filing joint return
- can file even if have different accounting methods
- must have same tax year to file joint
- if one spouse was non-resident alien at any time during tax year, both spouses must elect to be taxes as US
citizens
- can not file joint if divorced before year end
AMT
Deduction NOT allowed for:
- personal, state, and local income taxes
- miscellaneous itemized deductions subject to the 2% of AGI income threshold
- home mortgage interest if loan proceeds were not used to buy, build or substantially improve home.
- Personal exemptions and standard deductions
Deductions allowed:
- gambling losses
Medical expenses computed using 10% AGI floor instead of 7.5% floor
Installment method can not be used for sales of dealer property
Long-term contracts, excess of income under percent-of-completion method over amt using completed-contract method
deductible in full: investment interest expense not exceeding net investment income
2% floor
• Outside salesman expenses
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• Unreimbursed employer expense (50% meals & entertainment)
• Employment agency fees
• Appraisal fees
• Subscription to professional journals
• Dues to professional societies, union dues, initiation fees
• Physical exams required by employer
• College professors research, lecturing and writing expenses
• Teacher pays to a substitute
• Surety bond premiums
• Malpractice insurance premiums
• Chemist laboratory breakage fees
• Small tools and supplies
• Tax counseling
• Tax preparation
• Expenses for production of income other than those incurred in business or rent and royalties.
No 2% floor
• Gambling losses to extent of gambling winnings
• Impairment related work expenses for handicapped
• Estate tax related to income in respect of a decedent
• Certain adjustments when a taxpayer restores amounts held under a claim of right
• Certain costs of cooperative housing corporations
• Certain expenses of short sales
• Balance of employee’s investment in annuity contract where employee dies before recovering entire investment
AMT Calc
Regular taxable income
+- Adjustments
+ Preferences
= AMT income (AMTI)
- Exemptions [46,700 single – (25% of AMTI over $112,500 for single)]
= AMT base
X 26% (first $175K) or 28% (> 175K)
= Tentative tax before foreign tax credit (alcohol fuels, electricity, coal credit)
- AMT foreign tax credit
= Tentative minimum tax
- Regular tax liability
= AMT
AMT Adjustments
- medical expenses computed using a 10% floor instead of 7.5%
- no home mortgage interest if not used to buy build or improve home
- real, personal, state, local & foreign taxes
- personal exemptions, standard deductions
- LT contracts: percentage of completion method over completed-contract method
- Subtract prior year state income tax
- Miscellaneous itemized deductions
Preference or adjustment items for noncorporate taxpayers only
- Tax-exempt interest on certain private activity bonds
- Incentive stock options
- Personal exemptions
TRANSACTIONS IN PROPERTY
Basis of Property
Property acquired by purchase includes:
- cash paid
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- liabilities incurred, settlement fees
- closing costs, title fees, installation utility service, legal fees, title search, contract, deed fees
- recording fees, surveys, transfer taxes, owners’ title insurance
- any amt owner owes, back taxes & interest, recording or mortgage fees, charges for improvements or repairs,
sales commissions
Acquired by gift
- donee’s basis of appreciated property generally donor’s basis.
Gain Loss
Sold amount Sold amount
Greater of FMV or basis Lesser of FMV or basis
Gain if positive loss if negative
Like-Kind Exchange
Realized gain will be recognized only to the extent of unlike property received.
Basis of acquired like-kind property is:
+Basis of property transferred
+amount of gain recognized
- amount of boot received
Like-kind means “same class of property”, real for real, personal for personal
- exchange of apartment building for office building is like-kind thus no gain or loss. (if no boot or unlike property
was received)
- if realized gain, then not recognized.
Book value of original truck + (List price – trade in allowance is cash paid) = basis of new truck
Involuntary conversions
Replacement period for nonrecognition of gain ends 3 years after close of taxable year which gain is first realized.
Always a December 31 year.
Sales and Exchanges of Securities
- No loss can be deducted on sale of stock if substantially identical stock is purchased within 30 days before or after sale.
- Any loss not deductible is added to the basis of new stock.
- worthless securities usually receive capital loss treatment
- if loss is incurred by corporation on its investment of 80% or more ownership affiliate then loss treated as ordinary
loss.
Losses on deposits in insolvent financial institutions generally treated as a nonbusiness bad debt deductible as a
- casualty loss
- misc itemized deduction
- short-term capital loss
Section 1231 assets generally include business assets held more than 1 year. “Used in/for business”. Example: land
and shed were used in conjunction with parking lot business, they are Sec. 1231 assets.
Inventory and property held for sale to customers , accts and notes receivable arising in ordinary course of trade is
excluded from Sec. 1231 property.
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Sale of building is Sec. 1250 property.
Sec. 1250 recaptures gain as ordinary income to the extent of “excess” depreciation
PARTNERSHIPS
If FMV of acquired interest is greater than FMV of contributed asset, must add that gain to basis to determine new basis:
Example: contributed asset with basis of 25K, FMV of 40K, FMV of 25% interest is 50K.
50-40 = 10+25 = 35K new basis in partnership interest
Loss deductible:
+Basis
+capital gains
- distributions
= new basis (this is extent of how much loss can be deducted)
Halle’s share is $50K as of 12/31/08. 25K distributed 12/15, remaining dist in January. My partnership income is $50K.
does not matter when paid out.
Services provided by family members are compensated first before allocating according to capital interests.
Trung and Ha each own 50% interest. Trung’s services are worth 40K, ordinary income is 100K, therefore 100-40 = 60 x
50% = 30 allocated to each.
Example: Ha contributed cash 45K, Frank contributed land with 30K basis subject to 12K mortgage. 12K x 50% = 6; Ha’s
basis 45+6 = 51; Frank basis 30-6=24.
Or
Halle owns 55% interest in P. Sold her lamp, cost 1,000 5 yrs ago, held for personal use. Sold to P for $5,000 as P’s
investment. Halle has $4,000 LTCG since lamp was for personal use.
Deceased partner, tax year closes at date of death. Prorate by month. The remaining months distributive share
Partnership terminates when sale or exchange of 50% or more to total partnership capital and profits within 12-month
period. Effects of termination:
- deemed distribution of assets to remaining partners and purchaser
- hypothetical recontribution of assets to a new partnership.
Basis to partner of property distributed in “in kind” in complete liquidation of the partner’s interest is the adjusted basis of
the partner’s interest reduced by any cash distributed to the partner in the same transaction.
Purchased goodwill or intangibles – straight line amort over 15 yrs.
- question will ask amount deductible for purchase of dealer’s franchise (or any intangible for business use).
Divide amount paid by 15 years or 180 months. Prorate for month put in use.
ESTATE
Distribution deduction is lesser of required distribution or DNI
Required distribution includes:
-interest income
-dividend income
-tax-exempt income
CORPORATIONS
partial liquidation
a stock redemption should be treated as gain/loss by a noncorporate shareholder if the redemption qualifies as a
partial liquidation of the distributing corporation. A corporate stock redemption is treated as an exchange, generally
resulting in capital gain or loss treatment to a shareholder if the redemption meets any 1 of 5 tests. Redemptions
qualifying for exchange treatment include (1) a redemption that is not essentially equivalent to a dividend, (2) a
redemption that is substantially disproportionate, (3) a redemption that completely terminates a shareholder's interest, (4)
a redemption of a noncorporate shareholder in a partial liquidation, and (5) a redemption to pay death taxes. If none of
the above 5 tests are met, the redemption proceeds are generally treated as a dividend.
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Example:
C-Corp distributed asset to shareholder
FMV: 30,000
Liability assumed by s/h: 40,000
Adjusted basis: 25,000
What gain does C-Corp recognize?
Reorganizations
No gain or loss recognized except to extent of cash received.
Basis to shareholder is basis of old stock transferred
Types of Reorganization:
- Recapitalization
- Mere change in identity
- Statutory merger
Issuance by C-Corp of its preferred stock in exchange for its bonds is a nontaxable "Type E" reorganization (i.e., a
recapitalization). No recognized gain unless boot received.
Example:
2008 2009
ACE 500,000 200,000
AMTI prior to ACE adj 450,000 300,000
50,000 (100,000)
x 75% 37,500 (75,000)
to extent of prior yrs' positive 37,500
ACE for 2009 (37,500)
AMT formula
S-CORPS
An S corporation loss is passed through to shareholders and is deductible to the extent of a shareholder's basis for stock
plus the basis for any debt owed the shareholder by the corporation.
Example:
Shareholder invested 5,000
Loan to S corp 15,000
S Corp operating loss (45,000)
Loss shareholder can claim on income tax return is: 15,000 + 5,000 = 20,000 basis
Example:
Basis in S-Corp: 100,000
1/1/09 AEP: 90,000
1/1/09 AAA: 50,000
2009 income: 200,000
S-corp distributed 310,000
ordinary
Stock Basis AEP AAA income Distribution
Begin 100,000 90,000 50,000 200,000 310,000
(50,000) (60,000) (50,000) (200,000) (250,000) nontaxable
End 50,000 30,000 - - 60,000 dividend (reduces AEP)
CORPORATE - DEDUCTIONS
Charity deduction: limit to 10% of taxable income before DRD, NOL carryback, Cap Loss carryback; excess carryforward
for 5 years
Do not include charity contribution in taxable income when trying to compute charitable contribution deduction.
Think of the problem where answer is 68,000 instead.
If taxpayer receives unsolicited samples from supplier (pharmacy getting samples) that typically inventoried in ordinary
course of business, FMV of samples is gross income. FMV then allowed a charitable contribution deduction.
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1. sample: income before dividends 900; deduction 1100 (excluding DRD). Dividends of 100. what is
NOL? 900+100-1100 –(100 *70%) = (170) NOL
The DRD (normally 80% of dividends from unaffiliated corporations 20%-owned) may be limited to 80% of
TI before the DRD, except when the full 80% DRD creates or increases a net operating loss.
Since the full deduction (80% × $100,000 = $80,000) would not create a NOL, the limitation applies.
for a domestic corporation to deduct a percentage of dividends it receives from a foreign corporation:
1) domestic corporation owns at least 10% of the foreign corporation
2) corporation is not a foreign PHC
3) foreign corporation has income connected to trade or business in US
4) subject to federal income tax
corporate DRD is affected by requirement that investor corporation must own investee’s stock for 45 days to qualify for
DRD. (90 days for divs more than a year in arrears on pref. stock)
repurchased own outstanding bonds in open market for $258 on May 31, 2004 originally issued on May 5, 2004 at face
value for 250. Difference of $8 is a deduction.
Contributions of computer technology & equipment to elementary or secondary school, deduction is FMV of
contribution – [(FMV – basis) x 50%] deduction can not exceed 2x equipment’s basis.
If corporation distributes stock in lieu of salaries, FMV of stock deductible as salary expense to corporation, but must
recognize gain of (FMV – basis). Employee report FMV in income.
Organizational expenses deducted up to $5,000 but reduce dollar-for-dollar if expenditures exceed $50,0000 and
amortized balance over 180 months.
Contribution of inventory to public charity cost 8500, FMV 10,000, taxable income before deduction 95,000. compute
contribution deduction: 10,000 – [(10,000 – 8500) * 50%)]
Limited to 10% of taxable income (95,000 * 10%)
Deduct insurance premiums for group term life insurance. Do not deduct for premiums paid for life insurance for which
corporation is beneficiary.
Miscellaneous deductions:
2. gifts to customers up to $25 per person
3. travel expenses to influence legislation up to $2,000
non-financial institutions, deduction for bad debts must use direct charge-off method rather than reserve method.
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Casualty losses in business (i.e. machine) fully deductible in amount of adjusted basis immediately before loss.
(remember $100 per loss and 10% of AGI floors apply to personal tax)
Education expenses – corporation can claim deduction for (even if not required for job)
- tuition
- textbooks
- travel
- laboratory fees
BOOK TO TAX
Book income
+ Federal Tax
+Excess contributions (cap loss over cap gains)
+Excess depreciation over book depreciation
+life insurance premiums on corporate officers
+50% of meals & entertainment
+Political contributions
+interest expense on muni bonds
+bad debt expense on allowance/reserve method/ (only write-off method deductible)
+ amortization of goodwill (self created)
FEDECL50PiBD
Partial liquidations:
Noncorporate shareholder treats gain on redemption of stock that qualifies as partial liquidation entirely as a capital
gain.
INSURANCE
Earliest time a purchaser of existing goods will acquire an insurable interest in those goods is when title passes to the
purchaser.
Tangible & depreciable property (office machine) can be expensed up to $250,000. Reduce dollar for dollar if over
$800,000.
Sec.1245 property, depreciable tangible & intangible personal property (i.e. desks, machines, equipment, cars, trucks,
special purpose storage facilities, covenants not to compete, patents, livestock, athletic contracts, leaseholds of 1245
property)
- Sold 1245 property, treat gain as ordinary income if gain is less than depreciation taken.
LOSSES of a CORPORATION
If capital losses are carried from 2 or more years to the same year, loss should be deducted from earliest year first. .
When loss is fully deducted, loss from next earliest year is deducted.
C corporation gross receipts $150, $35 other income, deductible expenses $95, net LTCL $25. what is taxable income?
150+35-95=90. capital loss only deductible to extent of capital gains.
Charitable contributions deduction not allowed if have net operating loss. If it’s included in expenses then subtract it
from operating expenses.
Depreciation may not create or increase a NOL. Subtract depreciation from total expense to get new income. The
difference is allowable and allocated among the different depreciations (i.e. car, machine)
Net Cap Loss = Cap Loss (ST. + LT) – Cap Gain (ST. + LT)
DRD is computed without regard to 80% (or 70%) of taxable income limitation.
Net loss per books (60,000)
Allowable DRD (20,000 x 80%) (16,000)
NOL carryover (76,000)
This is opposite from charity contributions which can not cause loss.
Form 1120X, amended corporate income tax return, filed within 3 years of time return was filed or 2 years from time tax
was paid which ever expires later. If filed before due date 3/15, then use due date to determine 3 years.
Fire loss deductible (leave alone if it’s already included in ‘loss from operations’) in calculating NOL.
Decreases basis
- casualty or theft loss deductions and insurance premiums
- exclusion from income of subsidies for energy conservation measures
- section 179
basis of new stock (stock dividend) determined by allocating the old stock
1000 shares owned with basis 22,000, FMV 33,000. corporation paid nontaxable 10% common stock dividend. What is
basis of common stock after stock dividen? 22,000 / 1100 = 20 per share.
Basis for bequeathed or gifted is at FMV at date of death (6mons for altern date).
Gifts of items for own use (diamond necklace) cost 10,000 ten yrs ago. FMV 12,000. sell for 13,000. gain is 3 (can not do
G – L formula)
Taxes for local benefit that tend to increase value of real property, sidewalks, added to property’s adjusted basis and not
deductible as expense.
If stock acquired from decedent is sold or otherwise disposed of by the recipient within 12 months, then it is long-term.
Wash sale – sold at a loss and within 30 days before or after the sale, substantially identical stock or securities (or
options to acquire them) in the same corporation are purchased.
EXAMPLE: C purchased 100 shares of XYZ Corporation stock for $1,000. C later sold the stock for $700, and
within 30 days acquired 100 shares of XYZ Corporation stock for $800. The loss of $300 on the sale of stock is
not recognized. However, the unrecognized loss of $300 is added to the $800 cost of the new stock to arrive at
the basis of the new stock of $1,100. The holding period of the new stock includes the period of time the old stock
was held.
“Capital gain net income” when capital gains and losses all net to a gain
“net capital gain” excess of net LTCG over net STCL, not include STCG, apply 28,25,15 rule
“net long-term capital gain” means excess of long-term capital gains for the taxable year over long-term capital losses.
15%-28%-35% baskets
15% LT capital gain or loss held over 12 months
28% Sec1202 certain small business stock – if loss then reclass to 15% basket during b
35% STcapital gain loss
Return of capital is tax-free distribution that reduces stock’s basis. And excess over basis treated as capital gain.
Individuals can deduct upto $3,000 of capital loss against ordinary income. Excess carried over indefinitely.
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does not qualify for ordinary loss treatment. And resulting loss be apportioned between qualifying 1244 stock and
nonqualifying additional capital interest.
Example: acquired original stock of 1244 small business for 10,000.
Contributed additional $9,000 before selling. (no shares issued)
Sold stock for 10,000. (19,000 basis – 10,000 sell price = 9000)
Apportion loss of 9,000 as 9,000/19,000 x 9000 = 4,263 is capital loss, remaining is ordinary loss.
Loss from sale of Sec.1244 stock: deduct up to $50,000 (100,000 joint) as ordinary loss; excess treat as capital loss.
Short-term capital loss first offset net gain for highest LT rate basket, then to offset next highest rate basket.
Exempt securities
- Commercial papers = note, draft, check with maturity less than 9 months
- Intrastate issues
- Regulation A – upto $5 million in 12-mo period exempt if
o Filed w SEC
o Offering circular only
o Nonissuers sell up to 1,500,000
- government securities
- existing shareholders
- nonprofits
- insurance and annuity contracts
Regulation D
Rule 504
- $1 million
- general offering restricted to “accredited investors”
- no restrictions for resell
- no audited financials
Rule 505
- $5 million within 12 months
- No general offering or solicitation within 12 months
- 35 unaccredited, unlimited accredited
- Restrict for resell to 2 years
- Audited financials if nonaccredited purchases, no need if all accredited
Rule 506
- unlimited amount of securities
- up to 35 unaccredited must be ‘sophisticated’ investors
Joint tenancy with right of survivorship: interest of person that dies passes to survivor.
Parole evidence rule: Proof of the existence of a prior oral agreement that contradicts the written contract is
inadmissible.
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- Does not exclude evidence that tends to prove contract is void or voidable or understanding reached after the
integrated writing was executed.
COMMERCIAL PAPER
Personal defense:
a. Breach of contract
b. Lack or failure of consideration
c. Prior payment
d. Unauthorized completion
e. Fraud in the inducement – he/she induced into signing negotiable instrument by intentional misrepresentation
f. Nondelivery – occurs when bearer instrument is lost or stolen
g. Ordinary duress or undue influence
h. Mental incapacity - Personal is state law makes transaction voidable; Real defense if state law makes it Void.
i. Illegality – Personal if voidable; Real if makes it Void.
j. Theft by holder or subsequent holder after theft
Real defenses:
a. Forgery
b. Bankruptcy
c. Fraud in the execution – when a party is tricked into signing a negotiable instrument believing it is something
else.
d. Minority
e. Mental incapacity, illegality, or extreme duress – real defense if state is void under state law
f. Material alteration of instrument – if dollar amt altered, HDC can collect original terms, non-HDC collects nothing.
BANKRUPTCY
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a. Persons (individuals, partnerships, or corporations) owing less than 13,475.
b. Farmers
c. Charitable organizations
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