Ch 4 Flashcards

0
Q

Unrealized income

A

Unrealized gains from appreciation in property value

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1
Q

5 items not considered income

A
1 addition obtained by loan
2 unrealized income
3 self-help income
4 rental value and personal use property
5 gross selling price of property (as opposed to gain on sale)
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2
Q

Self help income

A

Exchange of services between 2 individuals

Ex. Doing taxes for house painter in exchange for getting
House painted (increases value, but goes untaxed)
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3
Q

Rental value of personal use property

A

Taxpayers aren’t taxed on rental value of personally owned property

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4
Q

Item that isn’t taxes: selling price of property

A

If property is sold at gain, gain and not entire sales price

Is taxable

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5
Q

1) Intervivos gifts

2) testamentary transfers

A

1) Gifts received during the life of the donor

2) transfers at death: bequests, devises and inheritances

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6
Q

Determining whether transfer is gift

A

Depends on intent of donor

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7
Q

Life insurance proceeds, interest on life insurance proceeds

A

Paid to person due to death aren’t taxable

Interest on life insurance proceeds is taxable

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8
Q

What is the exception where life insurance proceeds might get taxed?

A

When you purchase a life insurance policy for cash from

Another individual instead of directly from insurance co.

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9
Q

Surrender or sale of life insurance policy

A

Taxable if sold before death of insured

Amounts exceeding net premiums paid are taxable

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10
Q

Dividends on life insurance and endowment policies, how is interest treated on dividends left with insurance company?

A

Normally not taxable because considered partial return of
Premiums paid

Dividends are taxable if received while exceeding premiums
paid,

if dividends are left with insurance company interest is taxable

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11
Q

Accelerated death benefits: life insurance

A

Include payments made to terminally ill patients (physician
Says person likely to die in 24 months)

Non taxable

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12
Q

Meritorious achievement awards

A

To exclude award from tax for meritorious achievement

Award must not come in possession of taxpayer

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13
Q

3 conditions for non taxable meritorious award achievement

A

1 was selected w/out action on his part to enter proceeding

2 does not have to perform substantial future services as
Condition for receiving prize
3 designates payor is to pay amount of award to government
Or charitable organization

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14
Q

Scholarships and fellowships

A

Covering tuition, fees, books, supplies, equipment are
excluded from taxes

Scholarships that cover room, board and laundry, salary paid and required by school aren’t Excluded from taxes

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15
Q

Distributions from qualified tuition plans (QTP) AKA Section 529 plans

A

Withdraw from plans tax free if used for higher education
Expenses of tuition, books, fees, supplies, equipment,
Room and board

No income limitation on these plans

Any income from plans not used for qualified expenses is
Included in beneficiary’s gross income and subject to
10% penalty

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16
Q

3 important features of QTP

A

1 change beneficiaries without tax consequences
2 exclusion permitted under section 529 must be reduced
By any amounts used to claim American opportunity tax
Credit or lifetime learning credit
3 can’t contribute more than $14,000/year per beneficiary

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17
Q

Payments on injury and sickness

A

damages (other than punitive damages) Received on
physical injuries or sickness is excluded From tax

Taxpayers may exclude reimbursements for medical
Expenses related to nonphysical injuries (emotional)

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18
Q

If an employer pays half the benefits for an employee?

A

The part the employer pays isn’t taxable

The part the employee pays is taxable

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19
Q

Employee fringe benefits tax law

A

Allows employer to deduct cost of benefit, permits
employee to exclude benefit from gross income

Fringe benefits that qualify include: employee insurance,
Sec. 132 benefits, meals, lodging, dependent care, meal plans

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20
Q

Employer paid insurance: employers may deduct premiums paid for…

A

Life, health, accident and disability insurance

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21
Q

Which employer paid insurance policies are excluded from employee income? Which are generally taxable?

A

Medical, health, group term life insurance (generally life
Insurance is included)

Disability is generally taxable

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22
Q

Medical and health premiums: premiums paid by employer

A

Premiums not included in employee’s gross income

Premiums deductible by employer

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23
Q

Medical and health premiums: premiums paid by employee

A

Premiums deductible as medical expense subject
To 7.5% of AGI limitations, increases to 10% for
Most tax payers 2013

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24
Medical and health Benefits: premiums paid by employer
Excluded from employee's gross income except when | Benefits exceed actual expenses
25
Medical and health Benefits: paid by employee
Excluded from gross income
26
Disability premiums: paid by employer
Premiums not included in employees gross income Premiums deductible by employer
27
Disability premiums: paid by employee
Not deductible
28
Disability benefits: paid by employer
Included in employee's gross income May qualify for credit for elderly and disabled
29
Disability benefits paid by employee
Excluded from gross income
30
Life insurance premiums: paid by employer
Included In employee's gross income (except group term Life insurance) Premiums deductible by employer assuming employer Isn't beneficiary
31
Life insurance premiums: paid by employee
Not deductible
32
Life insurance benefits: paid by employer
Excluded from gross income
33
Life insurance benefits: paid by employee
Excluded from gross Income
34
Eligibility test for discrimination
5 highest paid officers, 10% or greater shareholders | And highest paid 25% of employees
35
Non discrimination requirements
If benefits plan discriminates in favor of highly compensated Employees, these employees must include benefits in Gross income
36
To qualify for group term life insurance premiums for exclusion... Requirements for coverage?
Broad coverage of employees is required Coverage must bare uniform relationship to each employee's Compensation
37
When must group life insurance be included in gross income?
When it exceeds $50,000
38
7 section 132 fringe benefits
``` 1 no additional cost benefits 2 qualified employee discounts 3 working condition benefits 4 de minimis 5 qualified transportation 6 recreation and athletic facilities 7 educational assistance ```
39
Section 132 fringe benefit: no additional cost Availability?
Telephones, unused hotel rooms, unused airline seats Available to employees, spouses, dependents, retirees
40
Section 132 fringe benefit: qualified employee discounts Availability?
Discounts on merchandise sold by employer Employees, spouses, dependents, retirees
41
Section 132 fringe benefit: working condition Availability?
Free magazines, outplacement, memberships Employees
42
Section 132 fringe benefit: deminimis Availability?
Free coffee, holiday turkeys, use of company eating facilities Employees
43
Section 132 fringe benefit: qualified transportation Availability?
Transit passes, tokens, parking Employees
44
Section 132 fringe benefit: recreation and athletic facilities Availability?
Gyms, pools, saunas, tennis courts Employees, spouses, dependents, retirees
45
Section 132 fringe benefit: educational assistance Availability?
Employees and former employees
46
Qualified plan awards and Employee Achievement Awards
Qualified plan awards are limited to $1,600 $400 on avg. Must be presented as an award Must be tangible
47
Meals and entertainment
Can deduct 50% of cost for tax purposes
48
Employee death benefits
Usually taxable unless it is a gift Deductible for employer if it's taxable income
49
Dependent care assistance programs
Employer financed programs that provide care for employee's children or other dependents Employee may exclude up to $5000 of assistance each yr. ($2500 for married filing separate)
50
Qualified adoption expenses
Employee may exclude $12,970 from gross income Of qualified expenses paid for adoption of child under 18 Exclusion is phased out for high income earners
51
Educational assistance
Employers that pay employee education expenses May exclude from gross income annual payments of $5,250 Exclusion applies to payments for tuition, fees, books, Supplies and training equipment
52
cafeteria plans AKA flexible spending accounts
Offer employees option of choosing cash or statutory non taxable fringe benefits (medical, group life insurance, Adoption expenses, child care, etc.) Cash is taxable, statutory benefits are excluded from Gross income if chosen
53
What is the maximum amount employees can elect to contribute to tax free flexible spending account for healthcare?
$2,500
54
Availability of tax favored fringe benefits to owners
Not as available for partners, shareholders, S corporation shareholders that own more than 2% Can deduct fringe benefits for AGI only C corporations are eligible for tax favored fringe benefits
55
Fringe benefits for partners, proprietors and owners: what taxes are they subject to
FICA and self-employment taxes
56
Foreign tax credit
US citizens may subtract taxes they pay to foreign | countries from their US tax liability
57
Option of foreign earned income exclusion
Can exclude first $97,600 per spouse in 2013 of foreign earned income From gross income
58
Foreign earned income
Includes individual's earnings from personal services | Rendered in a foreign country
59
Qualifying for foreign earned income exclusion, what sources of income don't qualify for the exclusion?
Taxpayer must be resident or abroad in 1 or more countries For 330 days during the period Pensions, annuities, salary paid by US government or Deferred compensation don't qualify for the exclusion
60
Americans employed abroad, FICA taxation
Only pay social security tax if employed abroad by American | Company
61
Income from discharge of debt
Forgiveness of debt is included in gross income unless | Given as gift from another individual
62
Section 108: discharge on indebtedness (2 examples where indebtedness isn't taxable)
1 discharge occurs in bankruptcy 2 discharge occurs when taxpayer is insolvent
63
Student loan forgiveness
Contingent on individual's performing certain public services Usually for governmental, charitable or educational organizations
64
Home mortgage forgiveness sec. 108 (a)(1)(E)
Through 2013 homeowners may exclude debt forgiveness On principal residence of up to $2 million Only applies to mortgages acquired for improvement of Principal residences
65
Exclusion for gain from small business stock
Exclusion on up to $10million ranging from 50%-100% exclusion Taxpayers don't have to recognize any gain if they reinvest Proceeds from sale of small business stock w/in 60 days Of sale
66
Qualifying as a small business in the excluded capital gains transactions
Gross assets of under $50 million At least 80% value of assets must be used in conduct of 1 or more qualified trades or businesses
67
Exclusion: gain from sale of personal residence
Taxpayers may exclude up to $250,000 ($500k married | Filing joint), on gain from sale of personal residence
68
Exclusion: campus housing
Limited exclusion provided to employees of educational | Institutions when provided with on campus housing
69
Exclusion: annuities paid to survivors of public safety officers
Survivors of firefighters, police officers killed in line of duty
70
Exclusions: military
Exclude disability pay and combat pay, housing allowances | noncommissioned personnel only
71
Exclusions: housing allowances ministers
Exclude rental value homes or rental allowance in connection | With religious duties
72
Exclusions: foster care payments
Certain allowances to foster care providers excluded
73
Exclusions: rural letter carriers
Exclude equipment maintenance allowance they receive for | Using their personal automobiles when delivering mail
74
Exclusions: Roth IRA
Roth IRA distributions excluded from gross income
75
Exclusions: Education IRA distributions
Qualified distributions form Coverdell Education Savings | Acct. IRAs are excluded from gross income
76
Exclusions: personal foreign currency gains
Individuals excused recognizing gain from personal | Transaction of foreign currency under $200
77
Employee fringe benefits
Deducted if reasonable amounts Employers receive small benefit because fringe benefits Not subject to social security or Medicare taxes