Tax Planning Flashcards
(42 cards)
In a 1031 like-kind exchange, a recognized gain is…?
The lesser of:
1. The realized gain
2. The net boot received
The Tax Formula
Income (from whatever source derived)
minus: exclusions
Gross Income
minus: deductions FOR adjusted gross income
Adjusted Gross Income
minus: deductions FROM AGI:
Greater of itemized deductions or the standard deduction
Qualified business income deduction
Taxable Income
times: tax rate or rates (from tax table or schedule)
Gross Tax
minus: tax credits
Final Tax Due
minus: prepayments (withholding and estimated payments)
Net tax payable or refund due
Exclusions from Income
Municipal bond interest
Accident and health plans: employer premiums
Fringe benefits
Inheritances & gifts
Accident and health plans: amount(s) received
Scholarships
Personal residence sale gains (250k/500k)
Adoption assistance program: $14,890 2022 ($223,410-$263,410 AGI phaseout)
Death benefits
Dependent care assistance programs
Educational assistance program: up to $5,250
Debt discharged (public service student loan forgiveness, etc.)
Meals and lodging for employees
Interest on education savings bonds (i.e. Series EE or Series I)
Compensatory damages compensation
Support payments received (child support & post-2018 alimony)
MAFIAS PADDED MICS
Deductions FOR AGI (above-the-line)
Educator expenses ($250 inv, $500 for two educators filing MFJ)
Business expenses (gov officials who work on fee basis, performing artists, and members of the military reserves)
HSA (after-tax money)
Moving expenses (active-duty members of US armed forces
1/2 SE Tax
Retirement account contributions (SE and small biz owners)
Cost of health insurance premiums (for SE workers, including dental and LTCi)
Early withdrawal penalties (of savings accounts, like a CD)
Alimony payments (agreements before 2019)
Traditional IRA contributions (subject to phaseouts)
Student loan interest (deduction up to $2500 of interest paid on student loans)
Rental Property Minimum Use Tests
Rental Use
> 14 days = PASS
< / = 14 days = FAIL
Personal Use
</= 14 days or < 10% = PASS
> 14 days or > 10% = FAIL
Mixed use = Pass rental use, fail personal use. Deductions limited to gross rental income
Maximum Annual Charitable Deductions
- Cash Gifts
Deduction FROM AGI
- Public Charity (PC): 60% AGI
- Private Foundation (PF): 30% AGI
Maximum Annual Charitable Deductions
- LTCGs
Deduction FROM AGI
LTCGs w/ FMV Election
- PC: 30% AGI
- PF: 20% AGI
LTCGs w/Basis Election
- PC: 50% AGI
- PF: 30% AGI
Maximum Annual Charitable Deductions
- Ordinary Income Property
Deduction FROM AGI
Ordinary Income Property (STCGs, Art, Inventory)
- PC: 50% AGI
- PF: 30% AGI
Itemized Deductions (below-the-line or FROM AGI)
Unreimbursed medical and dental expenses
SALT
Interest Paid
Gifts to Charity
Casualty and Theft Losses
Unreimbursed Medical/Dental Expenses
Deduction FROM AGI
Qualifying expenses exceeding 7.5% of AGI
Taxes you Paid (Deductions)
Deduction FROM AGI
SALT (State and Local Taxes)
$10k limit
Interest Paid (Deductions)
Deduction FROM AGI
- Mortgage interest paid on up to $750k of debt (primary and/or secondary residence)
- Investment interest limited to NET investment income
Casualty and Theft Losses (Deductions)
Deduction FROM AGI
- Must be “federally declared disaster” losses
- Lesser of FMV or Basis - insurance payments - $100 deductible
- 10% of AGI threshold; any loses in excess are deductible
Tax Penalties: Negligence
Deficiency of tax liability if there was no intent to defraud.
- A 20% penalty will apply to the amount of the deficiency.
Tax Penalties: Fraud
When the taxpayer intends to defraud, a 75% penalty will apply to the amount of the deficiency.
Tax Penalties: Frivolous Return
“Go pound sand” written across the return is an example.
- Penalty is $5,000
Tax Penalties: Failure to File
5% of the unpaid taxes for each month or part of a month that a tax return is late up to a maximum of 25%.
- A minimum penalty of $435 is imposed if the tax return is later than 60 days.
Tax Penalties: Failure to Pay
0.5% per month the tax is unpaid up to a maximum of 25%.
Tax Penalties: Understatement of Liability
If the tax withheld from W-2 and/or estimated payments is less than:
- 90% of the current year liability, or
- 100% of the prior year liability (110% if taxpayers AGI was over $150,000-MFJ).
Penalty based on:
- The amount of the underpayment,
- The period when the underpayment was due and underpaid, and
- The interest rate for underpayments that we publish quarterly.
Section 1231 Property
Property that is used in a trade or business, AND
Property held for the production of income.
Gains are taxed as capital gains.
Losses are taxed as ordinary losses.
Section 1231 Subcategories
1245 Property
- Personalty used in a trade or business for the production of income.
- Examples: furniture, computers, carpet, decorative light fixtures, etc.
1250 Property
- Realty used in a trade or business for the production of income.
- Examples: commercial buildings, warehouses, barns, rental properties, etc.
Section 1245 Dispositions w/ depreciation
Sold above original cost basis
- capital gain AND
- depreciation recaptured as ordinary income
Sold from adjusted cost basis through original cost basis
- entire amount over adjusted cost basis will be recaptured as ORDINARY INCOME
Sold at adjusted basis
- no tax issue
Sold below adjusted basis
- reportable as an ordinary loss
Section 1250 Dispositions w/ depreciation
Sold above original cost basis
- capital gain AND
- depreciation recapture taxed at 25%
Sold from adjusted cost basis through original cost basis
- entire amount over adjusted cost basis will be recaptured at special gain rate of 25%
Sold at adjusted basis
- no tax issue
Sold below adjusted basis
- reportable as an ordinary loss
Business Entities: S Corp
Limited Liability
- Yes, for all shareholders
Number of Owners
- Max of 100 (members of a family may be treated as one owner)
Classes of Ownership
- Only one, but voting and non-voting are permitted
Levels of income tax
- No generally only one, but some states will tax S corps as corporations (i.e., double tax will result)
Deductibility of Losses
- Shareholders may deduct the corporation’s losses only to the extent of their tax basis in their stock which does not include any portion of the corporation’s debt
Dissolution
- Very complex
Best Suited for
- Single or multiple owner businesses; owners need company funded benefits and liability protection