CFP - Missed Questions Flashcards
(94 cards)
Ted pays alimony from a 2018 divorce to his ex-wife, Cruella, in the following amounts. Has Ted made an “excess alimony payment”?
Year 1 $10,000
Year 2 $30,000
Year 3 $10,000
Year 4 $10,000
B. Yes, in the second post-separation year
To determine excess alimony, note the difference in the payment between years 2 and 3. Under the Internal Revenue Code, the excess alimony payment for the second year is the amount that exceeds the payment in the third year by more than $15,000. The excess is $5,000; [$30,000 - $10,000 + 15,000)]. Doubtful this will be tested.
Patrick Parker died at age 44 with most of his property in joint tenancy (JTWROS) or with a beneficiary designation. If Mrs. Parker (who is wealthy) does not want to receive all of the joint tenancy property, what amount of property do you recommend that she disclaim?
C. Up to any amount with which she feels comfortable
Mrs. Parker does not need Patrick’s assets. The portability will only allow $13,610,000 to pass tax-free from Patrick’s estate.
Your client, Roger, is looking for an investment that will accomplish his objective of income tax deferral. Which of the investment vehicles shown below would defer income taxes?
A. A rental apartment building
Investing in the rental apartment building enables depreciation deduction to offset rental income on an asset that can appreciate in value over time. The single premium annuity shown does not indicate if it is immediate or deferred. Municipal bond interest is tax exempt rather than tax deferred. Interest on Certificates of Deposit is currently taxable.
For purposes of calculating the AMT, which of the following is/are add-back items?
I. Private-activity municipal bond interest
II. The bargain element on exercised incentive stock options
III. Financial adviser fees
IV. NY City income tax
V. Percentage depletion from oil and gas drilling program
D. II, IV
The bargain element of exercised ISOs, local and state income tax, are “add-back” items. Financial advisor fees are no longer deductible so therefore they are not “add-back” items. Answers I and V indicate preference items.
- Kevin, a wealthy retired individual is interested in establishing a gifting program for his 3 children and 8 grandchildren. Another financial planner is suggesting a plan that would create limited tax consequences to the donee plus provide the donee with potential future growth. Currently, Kevin owns the following assets and is considering whether to gift them.
$1,000,000 high-yield corporate bonds
$1,000,000 corporate zero coupon bonds
$1,000,000 T-bills that mature in 90 days
$1,000,000 ABC, Inc. stock with a basis of $400,000 paying $20,000 of dividends annually
A. Wait until the T-bills mature, and then give each donee $18,000 with instructions to buy a security that is similar to ABC, Inc. stock.
The strategy to gift cash then have the donees acquire common stock means that the donee’s basis will be the purchase price ($15,000) whereas under Answer D, the donee’s basis is the donor’s (carry-over) basis ($6,000). Answers B and C have no growth capacity and could trigger kiddie tax relative to the grandchildren.
- Mrs. Tillman, age 58, has an assortment of health problems such as chronic back pain, obesity, high blood pressure, etc. Mr. Tillman, age 65, is retired after working for one employer for 40+ years, but he is in good health. The Tillmans own about $1.6 million in assets. Their cash flow meets their expenses sometimes with a little to spare. If Mr. Tillman would consider only one of the types of insurance contracts shown below, which would be your strongest recommendation?
A. Long-term care insurance/Life Insurance with LTC rider
If Mrs. Tillman needs long-term care, Mr. Tillman may have to use their assets for the expenses relating to her care. He needs to protect their assets in case he needs long-term care. The question asks about insurance for Mr. Tillman rather than for Mrs. Tillman. He is 65, and after working for 40+ years should qualify for Medicare.
- At the local library, Todd attended a program called “You and Your 1040.” Now, Todd thinks he understands how federal income tax works. He is 55, married, and earns about $150,000. Todd’s three children have all graduated from college. At work, he makes the maximum 401(k) elective deferral. He also invests in stocks that pay qualified dividends that, given his tax bracket, are taxed at a 15% rate. Todd has been trading stocks actively this year. Todd thought he figured his tax liability accurately, but his CPA said he needed to pay $10,000 more because of recent tax law changes and may get hit with a late payment penalty. You are Todd’s investment advisor and he called you for advice. How would you respond to Todd’s concern about taxes?
B. Todd, you need to change your investment timing and allocations to avoid extra short-term gains.
Reallocating to growth stocks and reducing short-term trading should lower Todd’s federal income tax liability. Gains produced from short-term trading are subject to ordinary income tax and often, the AMT. While Answer D is reasonable, it appears that Todd prefers the equity market.
- Pauline Hirsch, age 75, tells you that, through personal oversight, required minimum distributions were not taken from her IRA beginning at age 73. You are aware that the penalty for failing to take required minimum distributions is substantial. How should you tell Pauline to proceed?
C. File an amended return (1040X) and ask for the excise tax be waived, but pay the tax now. The IRS may waive the excise tax if the taxpayer demonstrates: (1) the missed distribution was due to reasonable error and (2) appropriate steps are being taken to remedy the situation. An amended return is the 1040X. Making up missed distributions (Answer D) does not per se motivate the IRS to grant a waiver of excise tax if it later discovers the under-distribution. While, given that this is the second year of missed RMDs, his/her CPA should have better advised Pauline. While you can share your concern with Pauline, it is not appropriate that you independently confront the CPA.
- Mac Blair decided to make a gift of Blair, Inc. common stock to his son Blake. Mac seeks that any future appreciation of the stock not be included in his estate for federal estate tax purposes. He is going to retire soon and will need income during his post-retirement years. Mac has converted the majority of his common stock to preferred stock and gifted the remaining common stock to his son. What is the result?
A. The value of the common stock for gift tax purposes will be based on dividends paid on the preferred stock.
The preferred share value will be determined based on the stated dividends. The common stock value would then be the difference between the FMV of the corporation and the aggregate value of the preferred shares.
- Mr. Boyd has been your client for many years. Mr. Boyd’s portfolio has weathered ups and down cycles in the economy. His average return over time is approximately 11 percent. Now Mr. Boyd wants to buy a $35,000 car. His old car has very limited trade in value. He asked you whether he should buy the car for cash, which he has available, or lease the car under a 3-year lease agreement. How would you best respond?
B. “Mr. Boyd, you should consider the opportunity cost of investing the money and lease the car.”
The decision as to whether it is best to buy versus lease a car is often based on opportunity cost. First, determine the break even return on the investment. If investing can outperform the breakeven return, it makes sense to the car.
- John, age 69, and Mary, age 69, (married) both worked until this year. Throughout the last 35 years, both had high paying jobs that consistently exceeded the maximum Social Security taxable wage base. As a result, both his and her benefits will be in the same amount when they claim them at age 70. They will each receive over $3,000 per month. If John predeceases Mary, what will happen to Mary’s benefits?
A. The amount will not change. Mary will still receive her benefits After John’s death, Mary will be entitled to the greater of her benefits or 100% of John’s benefits. John and Mary had matching amounts at or over $3,000 per month. That amount will continue.
- Harry Porter started working immediately after he graduated from college. He earned an engineering degree specializing in computer software. At his first job, he immediately started making $39,000 annually. Since then, every year he has been making 401(k) maximum deferrals plus maximum Roth IRA contributions. This year he contributed $6,000. His total contributions to date are $42,500 and his Roth IRA has a balance of $62,500. Now Harry has an opportunity to buy his first house that is a few minutes away from his job. He needs $52,500 as a down payment to get a very attractive mortgage rate. If he withdraws $52,500 what will be his tax situation?
A. The $52,500 will be income tax free and no 10% early withdrawal penalty would apply. Harry’s regular Roth IRA contributions are distributed first and are tax-free. Additionally, he qualified under the five-year holding period to withdraw $10,000 for a first home purchase. The $10,000 is tax-free and no penalty applies.
- Mrs. Pratt who has always been a conservative investor, expects interest rates to decline. She wants to purchase some high yield debt to take advantage of current interest rates. Which of the following bond features would best help Mrs. Pratt relax about potential interest rate changes going forward?
B. Call protection for 10 years
Ten years of call protection enables Mrs. Pratt to enjoy the relatively high rates for at least ten years. Bond premiums and discounts are not features. Given current “high rates”, Mrs. Pratt would not be anxious about rates rising soon. A put feature would matter if she feels interest rates will rise. Further, both the put feature and conversion feature would reduce yields.
- Mr. Pike, a sole proprietor, has a gross income of $40,000 from his landscaping business. He also has $1,000 of tax-free municipal bond interest and $1,000 from qualified dividends. Mr. Pike incurred a $500 IRA contribution, $500 of meals expenses and $500 of business expenses for advertising and supplies. What is Mr. Pike’s AGI?
C. $36,977 +/- $1
Gross income
$40,000
less 50% of meals
- 250*
less business expenses
- 500
Net income
$39,250
plus dividends
+ 1,000
less the self-employment tax
- 2,773
($39,250* x .07065)
or 1/2 of .1413
less IRA deduction
- 500
$36,977
The calculation starts with gross income. Mr. Pike is filing on a Schedule C. His proprietorship can deduct 50% of its meals.
- Mrs. Smythe, a widow, just discovered that 85% of her Social Security retirement benefits were taxable last year. What could have caused her benefits to be taxable?
B. She redeemed a large quantity of 30-year-old EE bonds.
Answer A would make only 50% of Mrs. Smythe’s benefits taxable. For a single taxpayer, the 85% is triggered when the provisional income exceeds $34,000 in any given year. The EE bonds produce taxable income when she redeemed them. When HH bonds were issued, EE bonds could be exchanged at maturity for HH bonds. HH bonds are no longer issued.
- Puffy Sleeves, Inc. an over-the-counter stock is currently selling for $28.50. Its estimated future earnings are $3 per share. If Puffy’s P/E ratio is 11 using the P/E valuation model, is the stock underpriced or overpriced?
B. Puffy Sleeves, Inc. stock is underpriced.
The stock is underpriced ($3 x $11 = $33) using the P/E formula.
- Mrs. Fenner rents out a room in her house to Stanley Warner who is a graduate student at the local university. Stanley needs additional storage space. Mrs. Fenner allows Stanley to store his off season clothes (value $1,000) in her garage. If the garage burns down including Stanley’s clothes, how would Mrs. Fenner’s property insurance company most likely handle the claim?
A. The claim would be denied
All homeowner’s insurance forms specifically exclude coverage for property of roomers or boarders regardless of where it is on the premises. It doesn’t matter if the property is kept in her garage or the boarder’s room.
- Sam believes he was cheated on an investment transaction with a broker/dealer with which you are not affiliated. As a financial planner, if Sam is seeking recourse, how would you recommend that he proceed first?
E. Write to the compliance officer (registered principal) of the broker/dealer that handled the transaction and ask for his money back
A disgruntled client of a broker/dealer should generally begin the complaint process through that broker/dealer’s compliance function. If the firm is unresponsive or disagrees with the customer’s claim, arbitration should be pursued through FINRA. Mediation may also be available. the broker/dealer community is governed by FINRA directly under the supervision of the SEC. The CFP Board is not the regulator for broker/dealers.
- An individual holding a FINRA Series 6 license can receive commissions relative to the sales of which of the following investments?
I. Mutual funds
II. Variable life insurance
III. Variable annuities
IV. ETFs
E. I only
A Series 6 limited securities representative licensed individual can sell mutual funds only. To sell variable products, the individual must also hold a state-issued insurance producer’s license. The question does not indicate any insurance license. ETFs are Exchange traded funds. They are normally traded on a national exchange without a prospectus. To earn commission for sales of products not accompanied by a prospectus, one must hold the FINRA Series 7 general securities representative’s license.
E. I only
A Series 6 limited securities representative licensed individual can sell mutual funds only. To sell variable products, the individual must also hold a state-issued insurance producer’s license. The question does not indicate any insurance license. ETFs are Exchange traded funds. They are normally traded on a national exchange without a prospectus. To earn commission for sales of products not accompanied by a prospectus, one must hold the FINRA Series 7 general securities representative’s license.
B. I, III
Under ERISA rules, a profit sharing plan may exclude from participation employees working fewer than 1,000 hours per year. Eligibility to participate in an employer-provided group health insurance plan normally requires 32 hours per week. SEP eligibility falls under the 3-year rule which could force Sonia to cover certain returning part-time workers. The SIMPLE (401k) implies employee deferrals. At this point it is not clear as to whether the employees would want to make elective deferrals. Her own maximum contribution would be lower than that under the profit-sharing plan.
- Andrew Albertson has been your client for many years. He is a 69-year-old widower. He has three grown children and his eldest daughter, Andrea, lives in the same town. When you gather data from your client, you learned the names and contact information for his tax and legal advisors. Because he chose to delay claiming his Social Security retirement benefits until he attained age 70, Andrew was paying the monthly premium for his Medicare Part B coverage by personal check. He showed you several late premium notices from the Social Security Administration. However, he can’t recall whether or not he actually paid the premium. His coverage could be canceled. In the past year or so, Andrew has been unable to recall many of his activities. You are a CFP ® certificant. Given Andrew’s situation, what would be your best response?
C. Under the Duty of Integrity, discuss your concerns with Andrew’s personal physician. At times the CFP® practitioner must weigh the Duty of Integrity against the Duty of Confidentiality. Integrity requires putting the client’s interest first and it is important that Andrew not lose his Medicare Part B Coverage. Discussing Andrew’s late premium payment with his daughter would blatantly violate the Duty of Confidentiality. However, discussing your concerns with Andrew’s doctor is a reasonable choice because the doctor is required to maintain confidentiality under HIPAA and to serve the interest of patients under the Hippocratic Oath.
- In 2016, Sidney and Ruth Silverman borrowed $100,000 from a bank pledging their home as collateral. At the time of the loan, the Silverman’s equity in their home was $125,000. The proceeds from the loan were used to start their new delicatessen business, Crosby, Stills, and Nosh. They also used other funds to fully equip the business. Which statement below best describes the tax result of this home equity loan in tax year 2024?
D. The interest on the home equity loan is not deductible because interest on home equity loans is generally nondeductible in tax year 2024. Interest on home equity loans is generally nondeductible unless utilized for home improvement. While interest on a home equity loan was an itemized deduction, it was not classified as a “miscellaneous itemized deduction.” However, interest on home mortgages up to $1M are grandfathered if taken out prior to December 15, 2017.
- Sheldon Shrink, MD is a practicing psychiatrist. He operates his sole practice as an LLC. After covering expenses such as office space and malpractice insurance, Dr. Shrink’s practice has net revenue of $700,000. Sheldon is married to Shirley Shrink, who is an architect working for a major urban design firm. Her annual salary is $200,000. The Shrinks file their taxes jointly reporting AGI of $900,000 and taxable income of $827,000. To what amount, if any, of qualified business income (QBI) are the Shrinks entitled on their 2024 form 1040?
A. $0 The psychiatric practice is a “service related” business. The owner of a service business is ineligible to claim a deduction for qualified business income if that taxpayer’s taxable income is over the eligible thresholds. At joint taxable income of $827,000, the Shrinks have exceeded the threshold QBI.
- At only thirteen years old, Melissa Moore is a promising figure skater with dreams of Olympic competition. When she was born, her parents established a (section 2503-(c)) minors trust on her behalf. Melissa’s parents are in the 37% marginal federal income tax bracket. The trust assets, which are now substantial, are invested conservatively in bonds and bank-issued certificates of deposit. In the 2024 tax year, $15,000 of income from the trust is distributed to cover private figure skating coaching sessions for Melissa. Assume that Melissa has no other sources of income. How will this distribution of trust income be taxed?
D. This distribution of unearned income from a trust for a minor’s enjoyment will be taxed under “kiddie tax” rules. The amount of tax that applies to the distribution is $4,718.
Income distributed from a (Section 2503-(c)) minor’s trust is taxed under “kiddie tax rules” as follows:
-$1,300 (child’s standard deduction)
$1,300 (child’s bracket $130.00
$12,400 x 37% $4,588.00
$4,718.00