Corporate Taxation - General, Part 2 Flashcards Preview

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Flashcards in Corporate Taxation - General, Part 2 Deck (54):
1

A corporation is a personal holding company if:

1) ___ or fewer individuals owns more than ___ of its stock at any time during the ____ of its taxable year

2) At least ____ of its AGI is personal holding company income (dividends, interest, rent, etc.)

5

50%

Last Half

60%

2

T/F

A series of adjustments must be made to a corporation's taxable income to arrive at undistributed personal holding company income (UPHCI). One of these adjustments is the deduction of federal income taxes (including AMT & foreign income taxes)

TRUE

3

T/F

A series of adjustments must be made to a corporation's taxable income to arrive at undistributed personal holding company income (UPHCI). One of these adjustments is the deduction for a net capital gain less the amount of federal income taxes attributable to the net capital gain

TRUE

This deduction prevents a personal holding company from paying the PHC tax on its net LTCGs

4

What 2 steps can a corporation take to eliminate or reduce accumulated earnings tax?

1) Demonstrate that the reasonable needs of its business require the retention of all or part of the accumulated taxable income

2) Reduce accumulated taxable income by paying a dividend to its shareholders by the first 2.5 months of the following tax year

5

What is the Accumulated Earnings Tax?

The AET is a penalty tax that can be imposed (in addition to regular income tax) on a corporation if it accumulates earnings in excess of reasonable business needs

6

T/F

AET can be imposed on partnerships

FALSE

7

T/F

AET can be imposed on personal holding companies

FALSE

8

T/F

A corporation that distributes all of its accumulated earnings tax is subject to AET

FALSE

9

T/F

AET can be imposed regardless of the number of stockholders in a corporation

TRUE

10

What is the minimum accumulated earnings credit for non-service corporations? For service corporations?

$250,000

$150,000

11

T/F

The accumulated earnings tax applies to personal holding companies

FALSE

The accumulated earnings tax does not apply to personal holding companies

12

T/F

The personal holding company tax should be self-assessed by filing a separate schedule with the regular tax return

TRUE

13

T/F

Like the personal holding company tax, the AET is self-assessing

FALSE

The AET is assessed by the IRS after finding a tax avoidance intent on the part of the taxpayer

14

T/F

The AET can be imposed on an S-Corporation

FALSE

Because the S Corporation's earnings pass through and are taxed to shareholders regardless of whether the earnings are actually distributed

15

T/F

In determining accumulated taxable income for the purpose of the accumulated earnings tax, a capital loss carryover from the prior year is allowed as a deduction

FALSE

This would be added back to taxable income in arriving at accumulated taxable income

16

T/F

In determining accumulated taxable income for the purpose of the accumulated earnings tax, a DRD is allowed as a deduction

FALSE

This would be added back to taxable income in arriving at accumulated taxable income

17

T/F

In determining accumulated taxable income for the purpose of the accumulated earnings tax, NOL deduction is allowed as a deduction

FALSE

This would be added back to taxable income in arriving at accumulated taxable income

18

T/F

In determining accumulated taxable income for the purpose of the accumulated earnings tax, a net capital loss for the current year is allowed as a deduction

TRUE

19

The accumulated earnings credit is the greater of:

1) the earnings & profits of the tax year retained for reasonable business needs
2) The minimum tax credit ($150k/$250k) less the accumulated earnings and profits at the end of the preceding year

20

T/F

An S corporation is permitted to own 90% of the stock of a C Corporation

TRUE

21

T/F

An S corporation is permitted to own 100% of he stock of another S Corporation

TRUE

22

T/F

An S corporation is permitted to be a partner in a partnership

TRUE

23

T/F

A partnership is permitted to be a shareholder of an S Corporation

FALSE

The eligibility requirements restrict S corporation shareholders to individuals, estates, and certain trusts

24

Distributions from an S corporation are generally treated as first coming from its ____, and then are treated as coming from its ____

Accumulated Adjustment Account
Accumulated Earnings & Profits

25

A positive balance in an S Corporation's Accumulated Adjustment Account is generally _______ (taxable/nontaxable)

Nontaxable

26

A positive balance in an S Corporation's Accumulated Earnings & Profits is generally _______ (taxable/nontaxable)

Taxable - must be reported as dividend income

27

If an S election is filed after _____, the election is generally effective as of the first day of the corporation's next taxable year

The 15th day of the 3rd Month

28

T/F

A shareholder's basis in the stock of an S Corporation is increased by the shareholder's pro rata share of income from Tax-Exempt Interest

TRUE

29

T/F

A shareholder's basis in the stock of an S Corporation is increased by the shareholder's pro rata share of income from taxable interest

TRUE

30

A revocation of an S election may be filed by shareholders owning more than ____ of an S Corporation's Outstanding stock.

50%

31

T/F

A revocation of an S election may be filed by shareholders owning more than 50% of an S Corporation's Outstanding stock. For this purpose, only voting shares are counted

FALSE

For this purpose both voting and nonvoting shares are counted

32

T/F

Generally, in order to be an S Corporation, a corporation may have any number of classes of stock outstanding and have any number of shareholders, as long as those shareholders are individuals, estates, or certain trusts

FALSE

Generally, in order to be an S Corporation, a corporation may have only one class of stock outstanding and have no more than 100 shareholders who are either individuals, estates, or certain trusts

33

If an S corporation has no AEP, distributions are generally _______ (taxable/nontaxable) & ______ (increase/reduce) a shareholder's basis for stock

Nontaxable

Reduce

34

An S corporation's items of income and deduction are allocated on a ____ (daily/monthly/quarterly/yearly) basis to anyone who was a shareholder during the taxable year

Daily

35

An S Corporation who terminates their S status must wait how many years before making a new S election, n the absence of IRS consent to an earlier election

5 years

36

T/F

An S Corporation may deduct foreign income taxes

FALSE

This must separately pass through to shareholders so that the shareholders can individually elect to treat the payment of foreign income taxes as a deduction or as a credit

37

T/F

An S Corporation may deduct a net Section 1231 loss

FALSE

This must be separately passed through to shareholders so that the Sec. 1231 netting process can take place at the shareholder level

38

T/F

An S Corporation may deduct investment interest expense

FALSE

This must be separately passed through to shareholders so the deduction limitation (limited to net investment income) can be applied at the shareholder level

39

T/F

An S Corporation may deduct the amortization of organizational expenditures

TRUE

Items having no special tax characteristics can be netted together in the computation of the S Corporation's ordinary income or loss with only the net amount passed through to shareholders. Thus ordinary items, such as amortization of organizational expenditures, can be deducted by an S corporation

40

When is a calendar-year S Corporation's income tax return due date if they do not request an automatic 6-month extension of time to file?

March 15

The 15th day of the 3rd month following the close of the taxable year

41

T/F

An S corporation is permitted to take a deduction for compensation of officers

TRUE

42

T/F

An S corporation is permitted to take a deduction for interest paid to individuals who are not stockholders of the S corporation

TRUE

43

T/F

An S corporation is permitted to take a deduction for charitable contributions

FALSE

Since this is subject to a percentage limitations at the shareholder level, this must be separately stated and is not deductible in computing an S corporation's ordinary income or loss

44

T/F

An S corporation is permitted to take a deduction for employee benefit programs established for individuals who are not stockholders of the S Corporation

TRUE

45

A type-A reorganization is tax-free to the _____

Shareholders & the Corporations

46

What is a type A reorganization?

A consolidation

47

What kind of gain/loss is recognized to a shareholder if stock in one party to a reorganization is exchanged solely for stock in another corporation that is party to the reorganization?

NO Gain or Loss is recognized

48

An F Reorganization is what?

A mere change in identity, form, or place of organization of one corporiation

49

T/F

A stock redemption is a reorganization

FALSE

Instead this results in dividend treatment or qualifies for exchange treatment

50

A Type E reorganization is what?

A recapitalization

51

T/F

Securities in corporations not parties to a reorganization are always "boot"

TRUE

52

For two corporations to qualify for the filing of consolidated returns, at least what percentage of the subsidiary's total a) voting power and b) total value of stock must be directly owned by the parent?

a) 80%

b) 80%

53

How do you calculate a company's accumulated earnings & profits at the end of the year?

a) Beg AEP + Taxable Income
b) Beg AEP + Taxable Income - Deductions

B

54

How does a company's distributions of land affect their AEP?

Lands FMV - Adjusted Basis (gain on distribution) will be recognized as an increase in AEP