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What method of accounting are tax shelters required to use?
Accrual method of accounting.
What is the maximum number of shareholders that an S corporation can have?
100 shareholders, although related family members count as a single shareholder for purposes of the 100 shareholder limit.
How can a tax-exempt entity be organized?
A tax-exempt entity can be organized as a corporation, unincorporated association or a trust. An exempt entity cannot be classified as a partnership or a sole proprietorship.
A general partner in a partnership is considered to be:
Self-employed. Partners are not considered employees and should not be issued a Form W-2. Instead, they are issued a Schedule K-1, and each partner includes his share of the partnership’s income on his/her individual tax return.
If a sole proprietor removes items from inventory for his/her own personal use, what is the correct way to account for this transaction?
Goods that are withdrawn from the business and taken by the owner for personal use should be subtracted from the inventory of the business. It is not treated as a business expense.
How long should a business retain employment tax records?
At least four years (examples: form I-9, forms 940, 941, forms w-2).
What annual information return must qualified retirement plans file?
Qualified retirement plans (such as 401k plans, must file a form 5500, annual return/report of employee benefit plan, every single year.
Define Section 197 assets, and give some examples of what they are.
Section 197 assets are intangible assets held by a businesss. They include: trademarks, trade names, copyrights, goodwill, franchisee and covenants not to compete. These assets are amortized over 15 years.
If an employee-shareholder of a c corporation uses the business’s bank account to pay personal expenses, how is this treated for tax purposes?
The payments for personal expenses of an employee-shareholder would be treated as a constructive distribution, which is taxable to the employee as a dividend, and not deductible by the C corporation.
Which business entities are subject to the NIiT (Net investment Income Tax)?
Estates, trusts, and individuals can be subject to the nIiT on net investment income over certain thresholds.
When is a s/e taxpayer’s first estimated tax payment due?
April 15th.
When an S Corporation makes charitable contributions, how is this treated on the business return?
Charitable contributions made by an S corporation are a flow-through item. The contributions are reported to the shareholders on Schedule k-1. The contributions are not a business expense or an s corporation and do not affect the business’s income and loss.
If an employee of a business is reimbursed for mileage and other out-of-pocket expenses, do the reimbursements have to be reported on the employee’s form w-2?
No, reimbursements made to an employee under an accountable plan do not have to be reported and are not included in an employee’s form w-2.
How many years May a C corporation carryover unused charitable contributions?
C corporations are permitted a tax deduction for charitable gifts, subject to certain income limits. The corporation can carry over unused charitable contributions for five years.
What is the deadline for a business to set up a Simple retirement plan?
To make a simple plan effective for a year, it must be set up by October 1 of that year. A later effective date is allowed only when the business is started after October 1.
What is the accumulated earnings tax?
The accumulated earnings tax is a 20% tax assessed on the excess accumulated earrings and profits of a C corporation. This tax is usually assessed under audit and is not automatic.
What types of entities are permitted to own stock in an s corporation?
Estates, certain trusts, individuals and 501c3 entities are permitted to own stock in an S corporation. Partnerships and c corporations cannot own stock in an S corporation.
When does the BIG Tax (Built-in Gains tax) apply to an s corporation?
The built-in gains tax (also called the “BIG tax”) applied to the sale of an asset by an S corporation that was previously a C corporation or if the S corporation acquires assets from a C corporation a tax free transition.
What type of trust can accumulate income from one year to the next?
A complex trust may accumulate income. A simple trust may not.
A corporation whose S election is revoked or terminated must generally wait how many months before making an S election again?
A corporation whose S election is revoked or terminated must generally wait 60 months (5 years) before making an S election again.
What type of property can be exchanged in a like-kind exchange (a Section 1031 exchange)?
In order for a section 1031 like-kind exchange to be valid, both properties must be real property (real estate) and used in a business or held for investment.
What is the IRS safe harbor, with regard to whether or not a business activity is engaged in with the intent to make a profit?
Safe harbor: an activity is presumed to be “for profit” if it makes a profit at least 3 out of the last 5 years, including the current year.
How do distributions affect a C corporation’s E&p (earnings and profits).
Corporate dividends and distributions will decrease corporate e&p (earnings and profits).
If a business receives an assessment for local improvements (such as sidewalks or streets) how is this expenditure treated by the business?
Assessments for local improvements increase the value of property, and are generally added to the basis of the property.