Ch 9 Flashcards

(58 cards)

0
Q

Deferred compensation

A

Methods of compensating employees based on their current

Service, but actual payments deferred to future period

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1
Q

How does tax law consider employee expenses?

A

Deductible in connection with trade or business

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2
Q

2 types of deferred compensation methods

A

Qualified plans and nonqualified plans

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3
Q

Qualified plans

A

Tax advantageous but strict eligibility and coverage

requirements

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4
Q

Non qualified plans

A

Not as tax advantageous as qualified plans

Very useful for highly compensated employees

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5
Q

2 classifications of employee expenses

A

1 Reimbursed employee expenses

2 unreimbursed employee expenses

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6
Q

Reimbursed employee expenses

A

Deducted for AGI

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7
Q

Unreimbursed employee expenses

A

Deducted from AGI

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8
Q

6 most frequently encountered employee expenses

A
1 travel
2 transportation
3 moving
4 entertainment
5 education
6 office in home
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9
Q

Expenses for self employed

A

Deductible for AGI

reported on schedule c

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10
Q

When does the employer-employee relationship exist?

A

Employer has right to control and direct individual who

Provides services w/regard to end result being accomplished

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11
Q

Social security and Medicare tax: employee

A

If classified as employee, employer must match SS and

Medicare taxes paid by employee

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12
Q

Social security and Medicare tax: self employed

A

Self employed most pay both employee and employer

portions of social security and Medicare tax

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13
Q

3 factors in determining whether person is an employee or independent contractor

A

1 behavioral control

2 financial control

3 relationship of parties

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14
Q

Behavioral control

A

Entails whether payor has right to control how individual
Does work

Also Accounts for training provided

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15
Q

Financial control

A

Independent contractor has significant investment in work,

Is not reimbursed for expenses, has opportunity for profit/loss

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16
Q

Relationship of parties

A

Looks at employee benefits and explicit written contracts

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17
Q

Limitations on unreimbursed employee expenses: 2% nondeductible floor, 4 items

A

1 unreimbursed employee business expenses
2 investment expenses
3 fees for tax advice/prep
4 expenses for hobby activity

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18
Q

3 general groups of miscellaneous itemized deductions

A

1 professional journals, professional dues, union dues,
Small tools and supplies
2 job hunting expenses in same trade/business
3 cost/maintenance of special clothing (uniforms)

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19
Q

Miscellaneous itemized deduction not subject to 2% floor

A

Gambling losses

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20
Q

Deductibility of travel expenses: For AGI, 3

A

1Tax payer engaged in trade or business as self employed

2 engaged in production of rent/royalty

3 employee reimbursed for expenses by employer

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21
Q

Deductibility of travel expenses: from AGI

A

Employee incurs travel expenses related to job and isn’t

Reimbursed, subject to 2% AGI Floor

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22
Q

Deductibility of travel expenses: not deductible

A

Personal travel expenses

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23
Q

Travel expenses

A

Include transportation, meals, lodging and other necessary

Expenses while away from home

24
Transportation expenses
Individual not away from home Related to local transportation
25
Meals during transportation expenses
Not deductible
26
2 rules to qualify as travel expense
1 trip must be connected to trade or business 2 taxpayer must be away from home overnight for Sufficient duration to require sleep+ rest before returning
27
Taxpayers home
Place closest to taxpayers principle place of business
28
Indefinite work assignments
Work assignments for over 1 year away from home Or expected to be over 1 year Not deductible
29
Temporary work assignments
Work away from home less than 1 year Deductible
30
Business vs. personal travel
Deduct all expenses if primarily business, with 50% on meals If primarily personal only deduct items allocated to business And may not deduct travel expenses
31
3 transportation expenses deductible for AGI
1 trade or business 2 production of rent/royalty 3 reimbursed transportation exp.
32
Transportation expense deductible from AGI
Unreimbursed transportation
33
Non deductible transportation expenses
Commuting and personal expenses
34
Classification of transportation expenses
Included items as taxi fairs, automobile expenses, | Airfares, tolls and parking fees of trade/business
35
2 treatments for auto expenses
1 actual auto expenses 2 standard mileage rate
36
Who can use the actual auto expense deduction
Self employed
37
Actual (auto) expense method What is included in automobile expenses?
Based on ratio of business expense to personal 2) gas, oil, repairs, depreciation, interest, property taxes, License fees, insurance
38
Standard mileage method
Available to tax payers Deduct 56.5 cents per mile for 2013
39
Meal and entertainment deduction
Limited to 50% (includes meals and tickets for entertainment) Anything considered lavish isn't deductible
40
Directly related business entertainment expense
Business benefit comes from the entertainment expense
41
Associated with entertainment expense
Taxpayer must show clear business purpose Ex. Obtaining new business or encouraging existence of business relationship
42
An accountable plan is a reimbursement arrangement that meets both of the following 2 tests
1 substantiation 2 return of excess reimbursement
43
Substantiation
Employee must make adequate accounting of expenses | To his employer
44
Return of excess reimbursement
Within reasonable time, employee required to return any | Portion of reimbursement in excess of substantiated expenses
45
Accountable plan deduction
For AGI
46
Non accountable plan, is it deductible
Yes as from AGI subject to 2% AGI Floor
47
Intention of per diem allowances
To simplify the burden of keeping detailed records for Taxpayers that incur significant travel expenses Derived from special tables
48
Moving expense deductions
Limited deduction form moving expenses for employees And self employed people Deductible for AGI for both employees and self employed
49
2 conditions must be met for moving expenses to be deductible
1 distance requirement 2 time requirement
50
Moving expenses: Distance requirement
Must be 50 miles farther from taxpayer's old residence | Than old residence was from former place of employment
51
Moving expenses: time requirement
Must be employed for 39 weeks in 12 month period following Move for employee Self employed must work 78 weeks in following 2 year period
52
Definition of moving expenses
Traveling to new residence Moving household goods from former residence to new Residence
53
Non deductible indirect moving expenses, 3
1 house hunting trips, meals, lodging, transport 2 temporary living exp. new job location 3 qualified expenses related to sale, purchase or lease of Residence
54
An employee may deduct education expenses if either of the 2 requirements are met
1 expenditure made to improve skills for trade/business 2 expenditure incurred to meet requirements imposed by Law or employer for retention of employment, rank or Compensation rate
55
Education expenses are not deductible if 2 things
1 Education required to meet minimal education requirements For taxpayer's employment 2 education qualifies taxpayer for new trade or business
56
Office in home 3 requirements for deduction
1 principal place of business 2 used for clients, patients, customers 3 located in separate structure away from dwelling area
57
Deductible expenses for home office
Any expenses solely for home office