Reg -

Ace your homework & exams now with Quizwiz!

In 2019 taxpayers can contribute and deduct up to XXX per year to an IRA and alimony paid pursuant to divorce or separation agreements executed before 12/31/2018 is considered earned income.

$6,000

When an agent acts for an undisclosed principal, the principal will not be liable to third parties if the

Agent acts outside the grant of actual authority.

An accuracy-related penalty applies to the portion of tax underpayment attributable to

i. Negligence or a disregard of the tax rules or regulations. ii. Any substantial understatement of income tax.

Except for electing large partnerships, a partnership terminates

if no part of its business is carried on within a 12-month period.

liquidating distribution f partnership interest gain/loss

if nothing is left then no gain recognised.

temporary difference

in advance, installment sales, bad debt expense

Cash basis taxpayers deduct interest

in the year paid or the year to which the interest relates, whichever is later.

dividends, interest income & loss or gain from rental real estate

included in agi

State franchise tax refund is

included in income for both book income and tax purposes.

The amount that a partner realizes on the sale of a partnership interest

includes any cash received, plus any partnership liabilities that are assumed by the buyer.

The value of services received is reported as

income by the recipient, using the fair market value of the service.

One of the requirements to qualify as an S corporation is that all its shareholders must either be

individuals, estates or certain trusts.

UNICAP will not apply to

inventory that the taxpayer acquires for resale if the taxpayer's average annual gross receipts for the 3 taxable years period ending with the taxable year preceding such taxable year do not exceed $26 million.

If not expressly granted, a trustee has implied powers to

sell trust property and the power to pay trust expenses

do not include charitable and long-term capital gain in ordinary income and expense

separately stated, schedule k

split monetary gift

split each gift per spouse and annual exclusion is applied individually

meal expenses

50% meal expenses not deductible for tax purposes, but deductible from book income

Like a regular cash distribution, shareholders would treat as taxable dividend income amount up to the extent of higher of:

Current earnings and profit OR Sum of current earnings and profit (CEP) and accumulated earnings and profit (AEP) before the distribution The remaining distribution is treated as a non-taxable return of capital to the extent of the shareholder's basis and excess distributions are treated as taxable capital gain distributions.

A partner has to recognize a pro rata portion of a partnership's income for the partnership's taxable year that ends within or with the partner's taxable year,

even when the cash associated with that income is not distributed to the partner.

under §243(a)(3) and §243(b) Prin is allowed a deduction

for 100% of the dividends received from a corporation that is a member of the same affiliated group. The net result is that the dividends are not taxed on the consolidated return.

taxpayer's overpayment for the year is

regular tax liability - total tax payments including current-year estimated tax payments, amount paid with current-year extension and Federal income tax withheld

under a nonaccountable plan

the full amount received not how much spent is reported as employee gross income for the year

To be deductible, real estate taxes must be paid by

the person on whom the tax is imposed.

To be successful in a civil action under Section 11 of the Securities Act of 1933,

the plaintiff must prove the existence of a false statement or material omission and that the security s/he purchased was offered through the inaccurate registration statement.

When a principal debtor defaults and the surety pays the entire obligation,

the surety inherits from the creditor all of the creditor's rights against the debtor. This is called subrogation.

when stocks are exchanged for stock without loss of control,

the transaction in essence is reorganization not taxable and no gain/loss is recognized.

if an affiliated group decides to file a consolidated tax return

then all components are consolidated

If the tax preparer knowingly included personal expenses as deductible business expenses on the taxpayer's business,

then the tax preparer will be liable for penalties arising from an understatement due to willful or reckless conduct.

85% of the social security benefits is the maximum amount of benefits to be included in gross income.

true

corporations may deduct their losses fully because all losses are considered business losses.

true

All interest income,

unless specifically excluded by law, is includible in taxable income, regardless of the source.

A statutory notice of deficiency explains that the taxpayer has 90 days to either pay the deficiency or else to file a

Petition with the U.S. Tax Court.

What is the tax rate for an S corporation that pays tax on built-in gains?

The highest corporate income tax rate.

The built-in gains tax is imposed on an S-corporation that used to be

a C-corporation and received assets with built-in gains (Fair Value > Carrying Value) at the time of transition from S-Corp. to C-Corp.

considerable flexibility in choosing an accounting period.

a c corporation, generally has the same choice of accounting periods as do individual taxpayers.

if an individual paid tax but no tax return was filed,

a claim for refund of taxes must be filed within 2 years from the date the tax was paid.

The revenue agent's report recommends

adjustments based strictly on tax policy (IRC, regulations, etc.), rather than the likelihood of success in court.

C corporations may choose either a calendar or a fiscal year. Once a tax year is established,

an entity may change the period only with IRS consent. The cash basis of accounting is not allowed for Corporations, Partnerships with a C-Corp partner, or for companies that carry inventories if Gross Receipts is more than $26MM over a three-year period.

The calculation of adjusted gross income includes

annual wages, interest, tips, taxable Social Security benefits, income from rental property, dividends, capital gains, royalties, and income from retirement accounts.

Members in public practice shall not disclose

any confidential client information outside the CPA firm without specific consent from the client.

In the administration of the bankrupt's estate, the trustee can

assume or reject executory contracts and unexpired leases subject to the approval of the court/bankruptcy judge. A trustee may elect not to assume the equipment lease.

actual warranty costs

beginning warranty reserve + estimated warranty expense - ending warranty reserve

Federal income tax expense

deductible from book income, but not deductible for tax purposes

Interest income from municipal bonds is

not considered taxable, and as such, would be deducted from Book Income.

personal expenses are

not deductible under the taxpayer's business.

Interest earned on dividends left on deposit with the VA is

not included in taxable income

creditors or shareholders confirm the reorganization plan.

not necessary, done by court

Guaranteed payments to partners are deductible

on Form 1065 to arrive at partnership ordinary income. and shown as income and flow through as ordinary income on schedule k-1

in jurisdictions that follows Ultramares vs. Touché

only those in privity and intended third party beneficiary can file a negligence lawsuit against the CPA

Chapter 9 Bankruptcy

Adjustment of municipalities' debts. Not allowed for farmers

shareholders do not have the right to

vote for removal of officers

The statute of limitations begins to run

when the cause of action occurs

Student educators expense

$500

Under TCJA, SALT deductions are allowed up to

$10,000

the limitation on rental loss deduction is always subtracting

$100,000

An exempt organization is not taxed on unrelated business income of less than

$1000, anything greater requires filing and taxation, unless game of chance.

Gift maximum per person

$25 so multiply by number of people to know max. Do not increase amount that is less than 25.

The taxpayer's at risk amount =

$25,000 [adjusted basis]+ $13,000 [original loan]-$3,000 [loan repaid] =$35,000.

Taxpayers, who are active participants in real estate activity but are not real estate professionals, can deduct rental losses up to

$25,000 against ordinary and portfolio income. avaialble in full if AGI less than $100,000. Between 100 - 150: $25,000 - 50%x (AGI- $100,000). For AGI in excess of $150,000, no deduction is allowed.

Student loan deduction

$2500

I'm the case of property purchased for resale, a taxpayer is exempt from Uni cap requirements if it's average gross receipts for the preceding three years are

$27m

individual shareholders in s corp can deduct up to xxx in capital losses

$3000, remaining is carried to next year up to $3000

Qualified organizational expenses may be deducted up to

$5,000 in the first year when incurred and the remaining may be amortized over a period of 180 months.

Five Methods of Perfection

(1) Filing (2) Taking possession of the collateral (3) Control (4) Automatic perfection (5) Temporary perfection

cost recovery deduction

(Cost-land/39) x months/12

How much of a transfer asset if no year identified

(Total amount/ calender e.g 365) * total days before status termination in a year

Discharge of Contracts by operation of law can happen due to the following reasons:

- Death or incapacity of the party obligated to perform a personal service contract - Impossibility or Destruction of subject matter - The illegality of the services to be performed Discharge in bankruptcy

What type of business entity, if the same since its inception, is recognized for federal income tax purposes as a taxable entity?

. A subchapter C corporation

Section 754 election

1. allows a partnership to elect to adjust the basis of property distributed or interest transferred. 2. The purpose is to reconcile a new partner's outside and inside basis in the partnership.

order of payment behind secured claims.

1. secured claim 2. Bankruptcy administrative expenses 3. employees 4. irs past due tax 5. general unsecured creditor

In a C corporation's computation of the maximum allowable deduction for contributions, what percentage limitation should be applied to the applicable base amount?

10%

a tax payer that is a member of the same affiliated group is allowed

100% deduction of dividend received

Business Meals Deduction is temporarily increased to

100% for the years 2021 and 2022.

A claim for refund of erroneously paid income taxes, filed by an individual before the statute of limitations expires, must be submitted on Form

1040X

Goodwill is alway amortized over

15 years

Gain from an involuntary conversion of taxpayer's property may be deferred if the property is replaced within the statutory time limit, which are as follows:

2 years for destruction or theft of property resulting in insurance recovery 3 years for government condemnation or eminent domain award 4 years for conversion in connection with a declared federal disaster

S Corporations that were previously C corporations are subject to a built-in-gains tax at the rate of

21% ( the highest corporate tax rate) if they sell or distribute appreciated assets within 5 years of the election of S-Corp. status.

Amount of distribution classified as dividend corporation's earnings and profits including

Accumulated e&p + e&p

Capital gain property donation

30% of agi then carry forward the rest to future

Meal Expenses for tax

50% deductible add back 50% for tax income because 100% expenses for book

The personal holding company income test requires the company's income for a given taxable year to be at least

60% of adjusted ordinary gross income must be from passive sources.

cash donated to a public charity is limited to

60% of individual agi

A family farmer with regular annual income may file a voluntary petition for bankruptcy under any of the following Chapters of the federal Bankruptcy Code except

9

A simple trust is entitled to

A $300 exemption in calculating the trusts taxable income

Accumulated earnings tax (AET

A 20% penalty tax is imposed on a corporation for accumulating excessive retained earnings to encourage the distribution of dividends. Excessive is considered to be $250,000 for a manufacturing company and $150,000 for a personal services company.

under the taxable income thresholds for the QBI deduction.

A QTB and an SSTB are treated the same for taxpayers

Kiddie Tax Age Requirements

A child who is 17 years or younger at year end; or A child is 18 years of age at year end and the child doesn't have earned income that exceeds half of his or her support; or A child with age 19 to 23 at year-end, he / she is a student (attends college for five months during the year) and doesn't have earned income that exceeds half of his or her support.

A tax-exempt organization must limit its activities to those that fit the classification of exempt organization for it to continue its exempt status.

A church should not provide a retreat to business organizations

Client's consent

A client's consent or a valid subpoena is required in order to share a CPA's working papers with the IRS or the FASB. The IRS cannot request disclosure of working papers without either the client's consent or a lawful subpoena.

Each of the following may qualify as a tax-exempt organization, except

A community savings and loan association.

Under the Sales Article of the UCC, which of the following oral contracts for the sale of goods valued at more than $500 is most likely to be unenforceable?

A contract to sell a work of art.

Official bond

A contract whereby a surety guarantee the faithful performance of duties by a public official

breach of contract

A failure to perform, as promised, at the time the performance was due.

What type of business entity does not require the approval of the state in which the entity is formed?

A general partnership

What type of business entity generally may be formed without filing an organizational document or certificate with a state government agency or office?

A general partnership

What type of business entity is the most similar to a joint venture?

A general partnership

Two individuals are planning to form a business with equal ownership. The individuals would like to limit their personal liability, avoid double taxation, and be active in the business. What type of business entity would meet their requirements?

A limited liability company

Aside from a limited liability company and a corporation, which type of business entity must file a copy of its certificate with the proper state authorities?

A limited partnership

Which of the following statements best describes what is meant by the legislative reenactment doctrine?

A long-standing finalized regulation presumably has congressional approval if Congress has not amended the relevant section of the Internal Revenue Code.

In which type of business entity is income taxes sometimes required to be paid by the entity on profits earned as well as by the owners upon distribution thereof?

A subchapter C corporation

In the absence of an election to adopt an annual accounting period, the required tax year for a partnership is:

A tax year of one or more partners with a more-than-50% interest in profits and capital.

Specified Service Trade or Business (SSTB)

A trade or business involving performance of services in the fields of health, law, accounting, actuarial services, consulting, performing arts, athletics, financial services, investing, investment management, trading or dealing in securities, and any trade or business where the principal asset of the business is the reputation or skill of one or more of its owners. SSTBs are permitted only limited use of the QBI deduction. . Income from SSTB will not be subject to any QBI deduction if the taxable income exceeds $440,100 [2022] for a married couple filing a joint return, or $220,050 [2022] for all other taxpayers.

AET can be eliminated/reduced if:

Actual dividends are paid during the tax year or within 3 1/2 months after the tax year (i.e. due date of tax return) Accumulated earnings which have "reasonable" needs as demonstrated by a specific , definite and feasible plan for use.

Excess capital losses

Added back to book income

Separately Stated Items, itemized deduction, qbi

Adjustment from agi

Which of the following partners of a limited liability partnership (LLP) may avoid personal liability when a partner commits a negligent act?

All the partners other than the supervisor of, and, the negligent partner

Related Party Sales

Always compared to basis unless in the middle of basis & fmv

The corporations capital loss carry back or carryover is

Always treated as a short term capital loss in the year it is carried to

If you buy something from charity

Amount you paid - fmv of item

Which one of the following statements is correct with regard to unrelated business income of an exempt organization?

An exempt organization is not taxed on unrelated business income of less than $1,000.

Charitable Contribution Deduction

An itemized deduction for contributions of cash or property to a qualified tax-exempt organization limited to .60 of agi, each item

Under the position taken by a majority of the courts, to which third parties will an accountant who negligently prepares a client's financial report be liable?

Any foreseen or known third party who relied on the report

The tax on built in gains is a corporate-level is a corporate level tax on s corp that dispose of assets that

Appreciated while the company was a c corp

Under which of the following conditions is an on-site inspection of a workplace by an investigator from the OSHA permissible

At the request of employees

Which of the following limitations will apply in determining a partner's deduction for that partner's share of partnership losses?

At-risk Passive loss

MACRS 5 year property includes

Automobiles, light trucks, computers, and copiers

Both residential and non residential real property are depreciated using

Mid month convention

The private foundation status of an exempt organization will terminate if it

Becomes a public charity

MACRS 10 year class

Boats and water transportation equipment

A phc can deduct

Bothe consent & actual dividends paid during the year or three 1/2 months after the tax year

Deductible for AGI

Business expenses, rental expense, partnerships, adjustments

General rule for gift acquire basis is

Carryover

When a partner sells partnership interest to another party, consideration is the sum of:

Cash paid by transferee to transferor Transferee's share of partnership liabilities

None of the answer choices are an itemized deduction on Schedule A.

Casualty loss from a fire caused by a space heater Life insurance premiums Tax return preparation fees

For a corp separately stated

Charity, capital loss & bank interest income

Under the Securities Exchange Act of 1934, which of the following penalties could be assessed against a CPA who intentionally violated the provisions of Section 10(b), Rule 10b-5 of the Act?

Civil liability of monetary damages Criminal liability of a fine

Even if a spouse itemized dedication the other spouse can still

Claim qualified business deduction

S corps status can be revoked if

Combination of current voting rights is more than 50% of total votes

If an exempt organization is a corporation, the tax on unrelated business taxable income is

Computed at corporate income tax rates

When computing a corporation's income tax expense for estimated income tax purposes, which of the following should be taken into account?

Corporate Tax Credits Base Erosion Anti-Abuse Tax (BEAT)

Which of the following statements concerning the similarities between a general partnership and a corporation is correct?

Corporations and general partnership can declare bankruptcy.

An irrevocable trust that contains no provision for change or termination can be changed or terminated only by the

Courts

Section 501c 1

Created by act of congress, tax exempt organizations. No need to apply for tax exempt like federal credit union

Dividend income for tax from book

DRD, qualified dividend * 50% if less than 1% then deduct that

Any cash or gift given to spouse in marriage is

Deductible as marital deduction

Self employment tax

Deductible for 50% for agi

Qualified medical expenses

Deductible from agi, with a cap of whatever is left after taking out 7.5%

State and local property taxes

Deduction from agi for $10000

Arno plans to establish a spendthrift trust naming Ford and Sims as life income beneficiaries, Trip residuary beneficiary, and Bing as trustee. Arno plans to fund the trust with an office building. For the trust to be enforceable, Arno must

Deed the property to Bing as trustee

To be successful in a civil action under Section 11 of the Securities Act of 1933 concerning liability for a misleading registration statement, the plaintiff must not prove the

Defendant's intent to deceive Plaintiff's reliance on the registration statement

Section 1231 Assets

Depreciable assets and land used in a trade or business held for more than one year ( delivery truck, building, office equipment )

Affiliated group of corporations, where one corporation, the parent has 80% or more control over the other (subsidiary)

Dividends received are 100% eliminated as inter-company dividends

Disclosure will reduce or eliminate an accuracy-related penalty if the position

Does not involve a tax shelter Is not frivolous has a reasonable basis Is properly substantiated.

Which statement about health savings accounts is not correct?

Eligible individuals for HSA purposes are entitled to receive Medicare benefits.

Which of the following will be included in Qualified Business Income for QBI deduction when taxable income for MFJ is $500,000?

Eligible taxpayers may be entitled to a deduction of up to 20 percent of QBI from a domestic business operated as a sole proprietorship or through a partnership, S corporation, trust, or estate.

A shareholder must repay illegal distribution from corp that was insolvent

Even though the shareholder is unaware of illegality

Gain in c distribution is

FMV - basis

Which Senate committee considers new tax legislation?

Finance

Property exchanged for stocks has a basis of

Fmv

Health insurance premiums for self employed insurance

Full Deductible

Which of the following items must be separately stated on Form 1120S, US Income Tax Return for an S Corporation, Schedule K-1?

Gain or loss from the sale of collectibles

A distinguishing feature between the making of an inter vivos gift and the creation of a trust is that

Generally, a gift is irrevocable whereas a trust may be revoked in certain cases.

An express trust is simply a trust created on purpose, and not imposed by a court. An express trust will always have the following parties:

Grantor Trustee Beneficiary

MACRS Personal Property

Half year unless you add another later in the one that's greater than 40%

Which of the following correctly lists the order, from earliest to latest, that US legislative bodies consider new tax legislation?

House of Representatives, U.S. Senate, Joint Conference Committee.

In a suit based on fraud, the plaintiff must prove:

In a suit based on fraud, the plaintiff must prove:

MACRS Nonresidential Real Property

Mid month

An S Corp shareholder's basis must be computed as follows:

Initial Basis (cash and/or property contributed)Add: Separately & non-separately stated income itemsLess: DistributionsLess: Nondeductible expensesLess: Deductible expensesLess: Losses*Net Basis

Properly allocated to trustee principal

Insurance proceeds

DNI Calculation

Interest income from corporate bonds + Taxable dividend income - Trustee fees allocable to income

The other circumstances where a CPA can disclose client information without prior notice are:

Investigation authorized by AICPA, a state CPA society, or a State Board of Accountancy Inquiry by AICPA, a state CPA society, or a State Board of Accountancy requires documentation to be shown as the accountant's defense Subpoena or summons from valid judicial authorities

The corporate dividends-received deduction

Is affected by a requirement that the investor corporation must own the investee's stock for a specified minimum holding period.

Consumer debt for less than $600 like credit card

Is not preferential

The filing of a return covering unrelated business income

Is required of all exempt organizations having at least $1,000 of unrelated business taxable income for the year

For the first tax year in which a corporation has qualifying research and experimental expenditures, the corporation

Is required to capitalize such expenditures and amortize them ratably over a period of not less than 60 months

For partnership basis when there is a distribution of cash

It is deducted from basis

Non requirements for trust property

It is not necessary to provide for payment of fees to the trustee since it is implied that a trustee can collect a reasonable fee for his or her services. There is no requirement that an alternate trust beneficiary be designated.

In determining whether the consideration requirement to form a contract has been satisfied, the consideration exchanged by the parties to the contract must be

Legally sufficient.

joint venture

Made for the purpose of one transaction

Which of the following factors help determine whether an item of personal property has become a fixture?

Manner of affixation Intent of the annexor

If a tax payer makes an early withdrawal from traditional IRA the withdrawal is subject to

Marginal rate tax and an additional 10%

In a common law negligence lawsuit against a CPA, a client must prove the following:

Material misstatement or omission in the financial statements. Loss (Damages): Client suffered a financial loss as a result of the misstatement. Information on the financial statement was the proximate cause of the harm. Error due to absence of due care.

There are two criteria in determining whether a company is a personal holding company:

More than 50% of the stock must be owned by 5 or fewer individuals. At least 60% of the adjusted ordinary gross income must consist of certain investment income such as interest, dividends, etc.

Which of the following expenditures resulting from a trust's ownership of commercial real estate should be allocated to the trust's principal?

Mortgage principal payments

An incorporated exempt organization subject to tax on its current year unrelated business income

Must comply with the Code provisions regarding installment payments (quarterly) of estimated income tax by corporations

To qualify as an exempt organization other than a church or an employees' qualified pension or profit-sharing trust, the applicant

Must file a written application with the Internal Revenue Service

Net capital loss from sale of investments & state local bonds

No effect on tax income

When there is wash sales( sale within 30 days of purchase)

No loss is recognized

Macrs 39 years property

Non residential

Professional services donated

Non- deductible

A corporation's penalty for underpaying federal estimated taxes is

Not deductible

MACRS 7 year property

Office furniture and fixtures, equipment, property with no ADR midpoint not classified elsewhere, railroad track

Obligation of the surety

Official bonds

when a partner dies

The partner would be dissociated from the partnership automatically.Yes. The deceased partner's estate would be free from any partnership liabilities. No. The deceased partner's executor would automatically become a partner. No.

Consolidated returns may be filed

Only by parent-subsidiary affiliated groups

Gambling losses

Only deductible from agi ( itemized) up to gambling winning

Penalties, bad debt expense, goodwill impairment, federal income tax expense

Or deductible for tax so add back to tax income

Which of the following are necessary for a state to impose a net income tax on a foreign corporation related to sales of tangible personal property within the state?

Orders are approved or rejected within the state. Orders are filled from within the state.

Ira distributions are classified as

Ordinary income

Which of the following come(s) into existence upon receipt of a grant from an agency of the US government?

Patent

For s corp non deductible

Penalties and fines

Charitable organizations exempt under the IRC 501(c) (3) are classified into two types:

Private foundations - Those that receive less than 1/3 of support from general Public Charities - Those that receive more than 1/3 of support from general public

MACRS 15 year property

Qualified improvement

When a partner in a general partnership lacks actual or apparent authority to contract on behalf of the partnership, and the party contracted with is aware of this fact, the partnership will be bound by the contract if the other partners:

Ratify the contract not amend the partnership

A cpa will not be liable to tax client for damages resulting from

Refusing to sign a clients request for filling extension because either the preparer or client can sign it

Goodwill impairment for tax

Remove 1/15 of the total amount

In c corp a dividend can be distributed up to

Reported earning and profits

Which of the following costs incurred before the first day of active business are not amortizable start-up expenditures?

Research and experimental costs

MACRS 27.5 year property

Residential real property

The old-age, survivors, disability, and hosp

Retirees Survivors Disability, and hospital insurance programs for the elderly

S corp ordinary income expense

Salaries & wages, business insurance, depreciation(macrs), payroll taxes

Which of the following statements is correct concerning the voluntary filing of a petition in bankruptcy?

The petition may be filed jointly by both spouses.

Removal of directors

Subject to shareholder approval

Bad debt expense for tax

Subtract actual write off

book depreciation

Subtracted for tax and book

"Mom and Pop" exception

Taxpayers may deduct up to $25K per year of net passive losses attributable to passive losses ONLY IF the individuals are ACTIVELY PARTICIPATING and own AT LEAST 10% off the rental activity Carried forward indefinitely P.O. reduced by 50% of the amount over 100,000 phased out when modified AGI reaches $150,000

Under common law, which of the following statements most accurately reflects the liability of a CPA who fraudulently gives an opinion on an audit of a clients financial statements?

The CPA probably is liable to any person who suffered a loss as a result of the fraud.

Which of the following statements is correct regarding an accountants working papers?

The accountant owns the working papers but generally may not disclose them without the client's consent or a court order.

In liquidation of a subsidiary by a parent firm

The property given is the carryover basis

In a minority situation

The seller is bound by the contract regardless of payers minority. It is voidable

A C corporation must use the accrual method of accounting in which of the following circumstances?

The business has more than $26 million in average sales for the past three years.

Corporate taxpayers may deduct capital losses only up to

The extent of capital gains

When a corporation liquidates & distributes assets to shareholders gain is recognized to

The extent that fmv of assets distributed exceeds basis

Organization costs are costs of forming a new corporation

The first $5,000 of such costs is immediately deductible as long as the expenditures do not exceed $50,000. Any amounts after the applicable immediate deduction are amortized over 180 months, beginning with the month in which the active trade or business begins.

Chapter 7 Bankruptcy

The forfeiture of an individual's assets in exchange for the discharge of debts.

There are several exceptions which could make an oral contract enforceable:

The goods are specially manufactured. The goods have been paid for and accepted, or received and accepted. The person admits in court to have contracted with the plaintiff. One of the merchants sends a written confirmation to the other and receives no objection within 10 days after sending it.

If a security becomes worthless in the current year it is treated as sold or exchanged on

The last day of the current taxable year

The organizational test to qualify a public service charitable entity as tax exempt requires the articles of organization to:

The organizational test to qualify as a public service entity as tax exempt only requires the articles of organization to limit the purpose of the entity to the charitable purpose, but not state that an information return should be filed annually with the Internal Revenue Service.

Basis of joint transfer property

The transferred basis not fmv

Disadvantage of a revocable trust

The trust is included in the gross estate of the grantor.

Which of the following statements is correct regarding the Federal Unemployment Tax Act?

The unemployment insurance system is administered by the states through their employment laws.

Partnership income is taxable

To partner whether or not it was distributed

To properly create an inter vivos trust funded with cash, the grantor must

Transfer the cash to the trustee. And it is not required to be in writing.

C corp and limited liability liability partnership require filing papers

True

Corporations can not deduction capital loss but can instead carry back 3 years and 5 years forward

True

Inheritances are excluded from taxable income

True

Trusts are separate tax paying entities

True

Wages and Unemployment compensation are taxable income.

True

privity of contract is not a requirement under the Acts anti-fraud provisions.

True

MACRS depreciation method

Used for tax purposes so subtracted from income for tax

Charity even and dinner

Whatever is left from the services received

attachment requires 3 elements

an agreement between the creditot and the debtor , creditor must give value and debtor must have rights in the collateral

Consolidated income tax returns

When entities file consolidated income tax returns, 100 percent of their net income (losses) is consolidated. Net capital losses are not allowable deductions for corporations. A corporation can only use capital losses to offset capital gains. Further, the deduction for charitable contributions may be limited in some cases, and no charitable contribution deduction is allowed in calculating the NOL.

A company is insolvent when

When the total liabilities exceed the fmv

For partnership basis nonliquidating distribution of cash

Will not be included in gross income of the partner for the year

Section 2523 indicates that where a donor transfers by gift an interest in property to his spouse,

a deduction will be allowed in computing taxable gifts for the calendar year equal to the amount of the gift.

patent

a grant of the exclusive right to make, use, and sell an invention for a term of years.

for tax purpose, if elected

a maximum expense deduction of $5,000 is allowed for organization costs

Except for electing large partnerships,

a partnership terminates if no part of its business is carried on within a 12-month period.

An express trust may be created without

a remainderman or a successor trustee

Chapter 13 Bankruptcy

a reorganization form of bankruptcy for individuals that allows the debtors to keep their property and use their income to pay a portion of their debts over three to five years

Guaranteed Payments

a salary or other payment to a partner that is not calculated with respect to partnership income.

A corporation that is classified as a personal holding company must pay

a self-assessed penalty tax in addition to the regular corporate income tax.

Under the Sales Article of the Uniform Commercial Code (UCC), if the place of shipment is named, as "F.O.B. Seller's Location," the contract is

a shipment contract

simple trust

a trust that requires all of the trust income to be distributed on an annual basis to the beneficiaries and does not have a charitable organization as one of its beneficiaries

Kiddie Tax Requirements

above $2300 not pay for more than half Does not file a joint return; Has one or both parents that are alive

Coverdell Education Savings Account

accumulate tax free

when calculating mortgage in like exchange

add what you are receive - what you are giving then compare to boot, the greater of is recognised

A writ of execution

allows the debtor's property to be seized and sold to satisfy a judgment.

A writ of attachment

allows the debtor's property to be seized to secure payment of a judgment.

grantor trust

allows the grantor to retain control or ownership interest in the trust.. Trust is ignored for tax purposes and grantor reports on individual return.

Section 179 Expense

an incentive for small businesses that allows them to immediately expense a certain amount of tangible personal property placed in service during the year. Land is not depreciable so does not apply to land

Casualty losses are deductible as

an itemized deduction subject to a 10% AGI floor when the property is held for personal use and there is a federally-declared disaster causing the asset loss or value drop.

mortgage interest payments

an ordinary expense, properly allocated to trust income.

If shares are issued in exchange for services, the FMV of the service provided or the FMV of the stock received is treated as

an ordinary income to the shareholder and an expense to the corporation.

An unrelated business does not include

any activity where all the work is performed for the organization by unpaid volunteers.

When dividedn income is received from an unrelated corporation with ownership of less than 20%

applicable percentage is 50% multiplied by dividend

Generally officers

are agents of the corporation and owe the same duties that agents owe.

corporations that received dividends from taxable domestic corporations/unrelated taxable domestic corporation

are allowed a 50% dividends-received deduction on the dividend. Then subtract from gross income

Gambling losses, to the extent of gambling winnings,

are an itemized deduction on Schedule A

Accounting fees to prepare representations in offering materials

are part of selling expenses and not considered as organizational expenses relating to the formation of the partnership.

The built-in gains tax is imposed on

assets that are disposed of within 5 years of the S-Corp election.

whether a partnership agreement must be in writing is determined when

at the time the agreement is made

MACRS The 5-year class includes

automobiles, light trucks, and computers.

officers are selected and removed by

board of directors

The Sarbanes-Oxley Act prohibits registered public accounting firms from providing the following "nonaudit" services to an "audit" client:

bookkeeping; financial information system design and implementation; appraisal or valuation services; actuarial services; internal audit outsourcing services; management functions or human resources; broker or dealer, investment advisor or investment banking services; legal services and expert services.

According to the standards of the profession, a CPA may consider

both information provided by the client that appears to be correct based on prior year filings and information actually known to the CPA from the tax return of another client.

The Appeals Division is

bound by a technical advice memorandum (TAM) that supports the taxpayer's position. A TAM that supports the IRS' position does not require the Appeals Division to forgo settlement if success in court is unlikely.

all members of an llc

can participate in the management of the llc unless the llc has chosen to be manager managed like a corporation.

If American opportunity tax credit claimed by a child in a year,

cannot claim lifetime in same year

basis in s corp is increased by

capital gain & municipal bond interest income.

Instead, the basis of the subsidiary's assets and other tax attributes, such as the net operating loss deduction and excess charitable contributions, are

carried over by the parent

when calculating partnership interest with mortgage

cash + adjusted basis of land, subtract debt relief, then add partners share of debt relief and recourse

Examples of distributions

cash dividends property dividends liquidating dividends

A partner's basis in partnership is increased for

cash or adjusted basis of property contributed

liquidating distribution f partnership interest

cash/marketable securities is first then what is left for property.

reported separately on the partnership return

charitable contributions, gain or loss on the sale of securities, and portfolio income and expense

capital gain tax on form 1040

compare taxable income, if it falls into the taxable category then multiply the total capital gain and qualified dividend by tax

admitting liability for a beach of a contract requires

consent of all partners of a partnership

Property acquired from a decedent is

considered automatically to have been held for more than the requisite long-term holding period [Section 1223(11)]. Regardless of sale or no sale afterwards

Partnership Basis Formula

contribution + share of income - distribution.

what may a taxpayer deduct in calculating business income

cost of merchandise not expense

included in calculation for gross income from rent

current rents, advance rents for the next year, lease cancellation payments

Home mortgage interest

deductible as itemized deduction on schedule A of Form 1040.

loss on non-active passive activity

deductible up to rental income

Exempt organizations that are required to file annual information returns must

disclose the total contributions during the year, and the names and addresses of all substantial contributors.

even if a partner sells his/her partnership interest the transferee

does not become a partner without the consent of all other partners.

For a state to impose income tax on sales of tangible property

either the order must be approved or rejected within the state or filled from within the state. Public Law 86-272

stockholders have the right to

elect directors and vote on fundamental changes

kiddie tax is applicable to unearned income of a 17-year-old child,

even if he / she had earned income more than one half of his / her support.

municipal bond interest

excluded from gross income subtract

tax basis for c corp is

fmv - mortgage assumed

The Small Claims Division of the U.S. Tax Court

handles tax disputes for amounts less than $50,000. The Small Claims Division results in speedy judgments with simplified procedures and taxpayers can represent themselves without an attorney. Cases tried in the Small Cases Division have no appeal

Social Security income

is nontaxable and not included for the gross income test.

The office building

is subject to a recovery period of 39 years under §168.

if the computer-generated investment interest expense deduction is less than the original amount of expense,

it implies that the client's investment interest expense exceeds the net investment income and thus is limited.

A dividend is not income until

it is actually received by the taxpayer although it is declared earlier.

When an agency is terminated due to the operation of law,

it is not necessary to give notice to third parties of the termination of the agency's existence to end actual and apparent authority.

Pursuant to §6075(b), when a gift tax return is due,

it must be filed on or before the fifteenth day of April following the year of gift, regardless of whether the taxpayer uses a calendar year or a fiscal year, unless an extension of time for filing is requested.

Unrelated business income (UBI) excludes

legal games of chance used to raise funds e.g. bingo. So income from that is completely tax exempt

Investment interest expense is deductible only to the extent of

lesser than or equal to your net investment income.

Section 6655(d)(1)(B) provides that a corporation may avoid the penalty for underpayment of estimated tax by

making a payment equal to 100% of the tax for the preceding year. Unless the corporation did not file a return for the previous tax year showing a liability for tax. then use annualized income method to determine its estimated tax for the first quarter of Year 1.

Excess capital losses for c corporations

may be carried back 3 years and carried forward 5 years.

passive-activity losses (PAL)

may be used to offset only passive-activity income, not ordinary or portfolio income.

UCC 2-718 provides that a seller

may retain a deposit of up to $500 when a buyer defaults even if there is no liquidated damages provision in the contract. An injured party may collect a reasonable amount of liquidated damages. A term fixing unreasonably large liquidated damages is void as a penalty.

Compensation for jury duty

must be included in gross income.

Trust Property

must exist at the time of the creation of the trust and must be transferred to the trustee during the grantor's lifetime.

Cases tried in the Small Cases Division have

no appeal

personal property expenses deductible

no, no matter the price

anything used for educational expenses

non taxable, interest or all.

The Sarbanes-Oxley Act does not prohibit

non-audit services from being provided to non-audit clients.

related party loan

non-taxable but imputed interest is subject to the gift tax each year the loan is outstanding.

Roth IRA contributions are

nondeductible

nonliquidating distribution

nontaxable and not added to gross income

Uncles, aunts, nephews, in-laws

not considered related parties for this purpose.

Generally, losses from rental real estate are PAL and, hence,

not deductible against ordinary or portfolio income.

Copyrights

not granted. No notice or registration is required to secure a copyright. An author automatically secures a copyright when an original work is fixed in a tangible form.

value of property acquired by gift, bequest, devise, or inheritance.

not included in gross income

exception for municipal income

not taxable but included in s corp basis

State Tax Refunds

not taxable in the cy if taxpayer chose standard deduction instead of itemize deductions.

MACRS 7-year class includes

office furniture and office equipment.

spendthrift trust

often is created to protect a beneficiary from creditors or from her/his squandering of the trusts' assets. This type of trust prohibits any transfer of the beneficiary's rights by assignment or otherwise, and prevents creditors of the beneficiary from obtaining trust principal or its income until it actually is paid to the beneficiary.

Lifetime Learning Credit

use $2000 only once per yer per family.

Which one of the following is an itemized deduction on Schedule A?

one or more corporations in a group connected through stock ownership and having a common parent that owns at least 80% or more of the voting power and total value of the stock. Only an affiliated group of corporations can file a consolidated tax return instead of filing separately.

American Opportunity Tax Credit

only for post secondary(college) not grad school

When a partner renders services to a partnership in exchange for an interest in the partnership, the partner reports

ordinary income equal to the Fair Market Value (FMV) of the partnership interest being granted.

basis in s corp is reduced by

ordinary loss and capital loss

schedule c nondeductible expense

parking fines and illegal expenses

Generally passive activity losses is limited to

passive activity income

The old-age, survivors, disability, and hospital insurance programs are financed through

payments made under the provisions of the Federal Insurance Contributions Act (FICA) and the Self-Employment Contributions Act.

Parol evidence rule

permits the admission of any subsequent oral or written modification but nothing prior.

Dividend income from a taxpayer's investment portfolio is considered

portfolio income and reported on Schedule B of Form 1040.

The Clayton Act

prohibits arrangements that tend to create a monopoly or may substantially lessen competition, including exclusive dealing arrangements. There is no maximum or minimum exempt time limit in antitrust law.

Chapter 11 Bankruptcy

protects an insolvent firm from creditors during a period of reorganization to restore profitability. Not allowed for stockbrokers

When cash basis is used for reporting,

receipts would include cash received, Fair Market Value (FMV) of property received and cancellation of debt. Income is recognized earlier of actual or constructive receipt

Active participation in passive activity losses

rental real estate activities that allows the taxpayer to deduct losses from the rental activities against other income, subject to limitation.

Examples of passive income are

rental real estate, royalties, closely held C Corps and personal service corporations, and income from Schedule K-1 (partnerships, S Corps, estates, and trusts). Income from a taxpayer's limited partnership interest

The rule providing for technical termination of partnerships ([§708(b)] sale or exchange of 50% or more of total partnership interest)

repealed under the Tax Cuts and Jobs Act for partnership tax years beginning after December 31, 2017.

partner's bankruptcy

results in that partner's dissociation from the partnership. As long as it does not violate the partnership

Passive activity losses

salary + partnership income- current pal - pal carryover

The $500 threshold applies to contracts for

sale of goods, not for the performance of services.

Scholarships deductible

scholarships received by degree seeking students are non-taxable to the extent the amount is spent of tuition, fees books and supplies

The client need not prove ______ for suing a CPA for negligence under common law.

scienter

Under the Revised Model Business Corporation Act, which of the following dividends is not defined as a distribution?

stock dividends

nonresidential real property deduction

straight line 1/39 if placed in mid month use midpoint method

The Uniform Capitalization Rules (UNICAP) apply to

tangible personal property produced by the taxpayer. Section 263A(b)(2)(A) provides that UNICAP applies to inventory acquired by the taxpayer for resale.

If a taxpayer makes an early withdrawal from traditional IRA account before reaching the age of 59 ½ years, the withdrawal is subject to

tax and penalty of 10% on distribution unless an exception applies

section 501 c 3 organization

tax deductible donations, not used for lobbying Most common, must apply for tax exempt

s corp individual distribution

taxable income * percentage of outstanding stock

A gain exclusion ($500,000 for MFJ) is generally available to

taxpayers who owned and occupied a home as a principal residence in two of the five years immediately preceding the sale.

if it states cash collections in cash basis question

that is the answer

Returns of corporations, made on the basis of the calendar year, are to be filed on or before xxx following the close of the calendar year

the 15th day of March

A party losing in Federal District Court may appeal in

the U.S. Court of Appeals for the Federal Circuit.

A party losing in the U.S. Court of Federal Claims or U.S. Tax Court may appeal in

the U.S. Court of Appeals, which is divided into geographical districts.

In the event of a liquidating distribution, gain or loss is realized as

the amount cash received is greater than basis or the amount fmv is greater than property or cash received (loss)

Issuance of stock in exchange for a property with mortgage

the basis - full mortgage

dividends are declared by

the board, not the officers

If a creditor obtains a surety's promise through fraud,

the contract is voidable by the surety not void and only if the creditor knew of the fraud.

When a C corporation distributes assets to its shareholders in a nonliquidating distribution,

the corporation is treated as having sold the assets for fair market value and is subject to tax on any gain. However, losses are not deductible.

The depreciable basis of property includes

the costs necessary to put the equipment in a condition and location for use.

Following the filing of a Chapter 7 involuntary petition,

the court issues a stay against creditor collection proceedings and, in most cases, a trustee will be appointed.

Refund of state taxes is taxable income in

the current year to taxpayers to the extent the taxpayer received the benefit of state tax deduction by itemizing on Schedule A in the previous year (tax benefit rule). If the taxpayer used standard deduction refund would not be taxable to him.

Section 152 provides that

the deduction may be taken even though the dependent has gross income in excess of the amount allowable to claim a dependency exemption for such individual

if the fair market value of the gift on the date of the gift exceeds the donor's adjusted basis for the property on this date,

the donor's adjusted basis will be used in all gain or loss situations.

The deduction for casualty loss is calculated as

the drop in FMV less any insurance reimbursements less $100 per event, subject to an overall 10% AGI limitation.

contracts entered into by incompetent taxpayer

void

Refund of state taxes is taxable income in the current year to taxpayers to

the extent the taxpayer received the benefit of state tax deduction by itemizing on Schedule A in the previous year (tax benefit rule). If the taxpayer used standard deduction refund would not be taxable to him. eg. if used is $2250 in py but refund is $2500, $2250 is used as that is benefit extent

When a distribution of property other than cash is made (a non-cash distribution), the amount of dividend is

the fair market value (FMV) of the property at the date of distribution.

ordinary gross income from services rendered in an amount equal to

the fair value of the property received as compensation under §61 and §83.

In allocating benefits between the income beneficiary and the remainderman,

the general rule is that ordinary receipts(interest income) and current administration expenses(fiduciary fees) are allocated to trust income, while extraordinary receipts and expenses are allocated to trust principal.

To be UBI for a charity

the income must be from a continuous trade or business activity that is substantially unrelated to the exempt purpose or function of the organization.

Distributable Net Income (DNI)

the income that is available for distribution to the income beneficiaries of a trust each year. It is also the maximum amount of deduction allowed for distribution to income beneficiaries. Anything in excess is a tax-free distribution of principal.

If an existing partnership divides into two or more separate partnerships,

the partnership which receives the majority of the interests is a continuation of the old partnership. The other partnerships are treated as brand new businesses with new partnership Tax Identification Numbers (TINs).

Privity of contract is only necessary when

the plaintiff prove that s/he relied on the false registration statement and that the CPA acted in a fraudulent manner or with gross negligence.

neither temp or permanent adjustments

the provision for state taxes, interest from US treasury bonds and interest expense to purchase the bonds

Under the Ucc, if the goods are specially manufactured goods,

the seller is entitled to the contract price plus incidental damages incurred relating to the sale

in the year of disposition of a PAL activity,

the suspended and current year PAL become treated as non-passive (after first offsetting any passive income or gain from the sale of a passive activity).

Total gain on sale of partnership interest is a capital gain

the total gain, ordinary income must be recognized to the extent of partner's share of inventory and receivables in the partnership.

If the partnership agreement is silent as to duration,

then the partnership is at-will, and any partner may terminate at any time without incurring liability.

Generally, under §219, an employee and her/his nonworking spouse may each contribute (and deduct) up to $6,000 of earnings to an IRA in 2019 but If one spouse is covered by an employer pension plan, and their AGI is greater than the active participant phase-out limit,

then their deduction is disallowed

stock qualified option

there is no recognition of income in the year of grant

to form a limited partnership

there must be at least one gp and one lp. Gps have unlimted liability

if casualty loss is negative

there will be no deduction on schedule c

phc shareholders can increase their basis by the amount of consent dividends included in their gross income

therefore a phc can deduct both actual dividends and consent dividends

reportable income for parent receiving alimony before 2018

total amount - % on child(child support)

ordinary income

total income - capital gains

income from illegal activities is taxable

true

kiddie tax treatment

unearned income - 2300, taxed at parents marginal rate. earned income +2300 - standard deduction ( greater 1150 or earned +350)

Under TCJA, if the taxpayer actively participates in the rental activity.

up to $25,000 of losses from the rental activity may be deducted against ordinary and portfolio income,

dividend income for c corp is

up to max of current earnings and profits of $10,000

s corp loss deduction

up to the tax basis of taxpayer

contracts entered into without knowledge of it

voidable

There is an exception under Regulation §301.7216-2(g)

which specifically states that a preparer may disclose tax return information to an attorney for purposes of securing legal advice.

An order of garnishment

will enable a creditor to collect money from a debtor's wages.

An order of receivership

would allow a receiver appointed by the court to take possession but not title to the debtor's property.


Related study sets

Mizzou Poli Sci 1100 Exam 3 Horner

View Set

Using grep & Regular Expressions

View Set

GACE - Elementary Education Test I & II Combo (501)

View Set

Statistics 125 - Module 1 Homework 1.3

View Set

G4《你今天上了什么课》第6页

View Set