Tax Planning Flashcards

(99 cards)

1
Q

Form 1040

A

Individual Income Tax Return

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2
Q

Form 1040X

A

1040 Amended Return

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3
Q

Form 1040ES

A

Estimated Tax for Self Employed Individual

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4
Q

Form 1041

A

Estates & Trusts

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5
Q

Form W-2

A

Wages & Taxes

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6
Q

Schedule 1

A

Additional Income & Adjustments

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7
Q

Schedule A

A

Itemized Deductions

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8
Q

Schedule B

A

Interest & Dividend Income

*Retirement Income Recipient

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9
Q

Schedule C

A

Profit/Loss From Business

Self Employed

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10
Q

Schedule D

A

Capital Gains / Losses

Retirement Income Earner

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11
Q

Schedule E

A

Rental & Royalty Income

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12
Q

Schedule F

A

Profit/Loss - Farming

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13
Q

Schedule H

A

Household Employment Taxes

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14
Q

Schedule SE

A

Self Employment Tax

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15
Q

Schedule K-1

A

Partnership Distributions

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16
Q

Form 706

A

Estate & GSTT

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17
Q

Form 709

A

Gift & GSTT

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18
Q

Form 1098

A

Mortgage Interest

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19
Q

1099-DIV

A

Dividends & Distributions

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20
Q

1099-INT

A

Interest Income

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21
Q

1099-NEC

A

Non-Employment Compensation

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22
Q

1099-Misc

A

Misc. Income

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23
Q

1099-R

A

Retirement Distributions

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24
Q

Form 4868

A

Extension of time to file

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25
Form 5498
IRA Contributions/Individuals
26
Form 8606
Non-Deductible IRA's
27
Equivalent Tax Credit (formula)
Deduction x MTB = Equivalent Tax Credit
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Equivalent Deduction Given a Tax Credit (formula)
Credit/MTB = Equivalent Tax Deduction
29
What are Tax Deductions?
Reduce the overall taxable income. Adjusts BEFORE application of the tax rates per tables. Reduces tax by marginal percentage Taxpayer Benefit: More valuable to high earners because marginal tax rate is higher.
30
What are Tax Credits?
Lowers Taxes Due under specific circumstances. Adjusts AFTER the tax due is calculated Reduces tax due on a dollar-to-dollar basis. Benefits all taxpayers in the same amount regardless of their marginal tax rate.
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Refundable Tax Credits
When credited, excess money goes to taxpayer... Earned income credit Additional Child Tax Credit American Opportunity Credit Premium Tax Credit
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Non-Refundable Tax Credits
Child & Dependent Care Credit Child Tax Credit Retirement Savings Contribution Credit Lifetime Learning Credit These simply reduce taxes paid (reduce taxpayer liability) and do not get refunded to taxpayer.
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Marginal Tax Rates
Show the amount of taxes paid on the next dollar of earned income. Rate on tax tables
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Avg Tax Rate
Shows the overall share of income paid in taxes. taxes paid / taxable income = Avg Tax Rate
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What is the Failure to File penalty?
5% of unpaid taxes for each month up to 25%
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What is the failure to pay penalty?
.5% per month the tax is unpaid up to 25%
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What happens if both failure to pay and failure to file are applied in the same month?
The failure to file penalty is reduced by the failure to pay penalty. The max unpaid tax + unpaid file penalty is 5% per month.
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Head of Household
Single or Unmarried Pay more than 1/2 housing costs MUST have qualifying child living with them for 1/2 the year. or Qualifying relative who is providing at least 50% of expenses.
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Married Filing Separately
Must file 2 separate returns Must separate itemized and deductions. However, if one itemizes, the other must. Cannot use these credits: Child & Dependent Care, Earned Income, Adoption, AOTC, LLC, Student Loan Interest. Credits Reduced: Child Tax Credit Savers Credit
40
Married Filing Jointly (MFJ)
If not remarried after death of one spouse, can use MFJ for year of spouses death. Can use Qualifying Widower for 1st and 2nd year after death with dependent. 3rd year and beyond must use Head of Household.
41
What is NOT a capital asset according to the IRC?
Accounts or notes receivable Copyrights; compositions, music, literary Inventory or property held primarily for sale to customers Depreciable property used in trade or business (section 1231 asset)
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Methods to determining cost basis? ## Footnote There are three...
FIFO - (default IRS method) Avg Cost Method - averaging all of what was sold Specific Identification - Taxpayer selects which shares are to be reported as sold. Most powerful
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Net Capital Gain ## Footnote When selling investments
Excess of net long-term gain over net short-term gain
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Short Term Gain
Held under 12 months. Taxed at ordinary income
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Long-term Capital Gain
Anything over 12 months. Taxed 3 ways: Capital Assets: [0/15/20] Tax Tables Unrecap. Depreciation: 25% Collectibles: 28%
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Capital Loss Carry Forward
$3,000 a year for Single, HoH & MFJ $1,500 a year for MFS If losses are more than this, you can carry them forward indefinitely
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REMEMBER... Gains are income that is taxed on top of regular taxable income.
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Section 1231 Property is both...
Property used in a trade or business, and... Property held for the production of income
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How is section 1231 property taxed...
Gains are taxed as Capital Gains Losses are taxed as ordinary losses
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What are the two subcategories of Section 1231 Property?
Section 1245 & 1250 Property
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Section 1245 Property is...
Personalty used in a trade or business for the production of income. ## Footnote Examples: Furniture, computers, carpet, decorative light fixtures, etc.
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Section 1250 Property is...
Realty used in a trade or business for the production of income. ## Footnote Examples: commercial buildings, warehouses, barns, rental properties, etc.
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Section 1031: Like-Kind Exchanges
Allows for the deferral of gain or loss recognition on realty for realty exchanges. Has 45 days from the date of the transfer of the relinquished property to find a replacement. Replacement must be received no later than 180 days after the the property was relinquished.
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1031 Boot
is non-qualifying property... examples are cash, debt assumption, inventory, and personalty in a realty for realty exchange.
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Like-Kind Exchange Recognized Gain
The lesser of the realized gain or net boot received.
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Estimated Tax Payments ## Footnote To avoid penalty on underpaid amt...
To avoid penalty on underpaid amt, estimated quarterly payments must be the lesser of... * 90% of current years' tax liability * 100% of tax liability on prior year return **IF AGI was less than 150k last year**
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Estimated Tax Payments (if AGI is over 150k)
If AGI is greater than 150k (75k MFS) must pay either... * 110% of priors years tax, or... * 90% of the current year's tax No penalty is imposed if the estimated tax for the year is less than $1,000 or, the individual had NO tax liability in the prior year.
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Standard Deduction for Single
$13,850 (plus $1,850 for 65+ and/or blind)
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Standard Deduction for HOH
$20,800 (plus additional $1,850 for 65+ and/or blind)
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Standard Deduction for MFS
$13,850 (additional $1,500 for 65+ and/or blind)
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Standard Deduction for MFJ & QW
$27,700 (plus $1,500 for 65+ and/or blind)
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Section 267 defines related persons as...
* Spouse * Child * Grandchild * Parent * Sibling * Related entity (owning more than 50% of a stock in a business)
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How are gains treated when selling to a related party?
Normally... same as an unrelated party.
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How are losses treated when selling to a related party?
Losses will not be recognized until the **related parted** sells to an **unrelated party** ## Footnote When you sell at a loss with a related party, that loss needs to be notaded as it will offset gains realzed when they sell to an unrelated party
65
What is the at-risk rule?
States that a taxpayer can only deduct losses to the extent that there is enough basis (or the amount at-risk) ## Footnote **Example:** If a taxpayer has an amount at-risk of $20,000 prior to the current year’s pass-through loss of $17,000, there is no issue as far as the at-risk rules are concerned. The $17,000 loss will be allowed and the taxpayer’s amount at-risk is therefore reduced to $3,000.
66
What are the two types of interests in passive activities?
**Private Interest:** LLC, Partnership or S-Corp * Can net losses against each other & offset gain **Public Interest:** Publicly Traded Partnership (PTP) * Can only net losses with the same, not against other PTP's * Must pay taxes on the total income * All losses are suspended ## Footnote PTP losses carry forward
67
If a loss passes the at-risk rule, then and only then will it be subject to the **passive activity rule. ** Which is what?
A taxpayer can only use passive losses to the extent they have passive income. Any passive losses in excess of passive income will be suspended due to the passive activity rules.
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Private Interest vs. PTP's
* Private interest passive losses can be netted against other private interest passive income. * Losses cannot exceed income * They cannot be netted against PTP income * PTP losses cannot be netted against Private Interest Income or PTP income * PTP income can **ONLY** be netted against PTP losses from the **SAME** entity.
69
What is required to be considered an **Active Participant** ## Footnote Rental Real Estate: Active Participant
* Must have both 10% ownership of the property **AND** Substantial involvement in managing property ## Footnote If you're NOT an active participant, you cannot offset passive on ordinary income.
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Active Participant Phase Outs
* The $25,000 loss is allowed if the tapayers MAGI (AGI without the Rental Loss) is equal or less than $100,000 * The 25k limit is phased out from $100,000 to $150,000 ## Footnote Phaseout limits are the same regardless of filing status.
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Personal use property ## Footnote Rental Property Categories & Tax Treatment
Allowed to rent for 14 days or less (not required to report income)
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Rental Use Property
Personal use cannot exceed the *greater* of 14 days or 10% of the number of days the property is rented.
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Mixed Use Property
Personal use is greater than 14 days or 10% of the number of days rented. - Expenses must be allocated between personal and rental use. - Deductions are limited to gross rental income
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Minimum Use Test
Great than 14 days rented, less than 14 days or 10% personal = PASS
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Personal Residence Sale Exclusion: Section 121
allows for exclusion of gains on the sale of a personal residence for up to $250,000 (single) or $500,000 (MFJ)
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How often are Section 121 exclusions available? ## Footnote Gain on residence sale
Every two years (730 days)
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Section 121 ownership & usage test...
Ownership Test: Must have owned the property for 2 out of the last 5 years. Usage Test: Must have used the property as your personal residence for 2 of the last 5 years. ## Footnote BOTH spouses must meet the usage test to get MFJ. Only ONE needs to meet the ownership test.
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When can you get a reduced Section 121 Exclusion amount?
IRC lists the following as acceptable reasons for a reduced exclusion: * Job relocation * Employment change leaves you unable to pay your living expenses * Qualifying for unemployment benefits * Health issues * Divorce or legal separation * Birth of twins or other multiples * Damage to home from disaster * Condemnation or seizure of the property * Other unforeseen circumstances ## Footnote Reduced exclusion calculation... divide number of months jointly owned by 2 years and multiply that by the exclusion amount.
82
When donating to a Public Charity the AGI % Ceiling is the MAX ANNUAL DEDUCTION a taxpayer can make.
**Cash Gifts:** 60% of AGI **LTCGs w/FMV Election:** 30% AGI **LTCGs w/Basis Election:** 50% AGI **Ordinary Income Properties (STCGs, Art, Inventory)**: 50% of AGI ## Footnote FMV = 3 Letters = 30% of AGI Basis = 5 Letters = 50% of AGI Donor can elect wheter to use either FMV or Basis for Donation 5 Year Carryover for amoutns over max.
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Use-Related
The charity makes use of the donated property in a manner consistent with its exempt purposes. ## Footnote Gift of art to an art institute. Books to a library.
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Use-Unrelated
Means use unrelated to the exempt purposes or function of the qualified organization. ## Footnote Painting to educational facility not used for education purposes.
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Related use property produces a charitable deduction equal to...
FMV = 30% of AGI or... Basis = 50% of AGI ## Footnote Person sells painting to art institute with Basis of 10k and FMV of 30k. The amount of the contribution is 30k (because it was used) . If this person had an AGI of 50k the amount of deduction is 30% x 50k = 15k.
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Unrelated use property produces a deduction only for the **lesser** of...
Cost basis or... FMV ## Footnote Painting sold to a college but not used for educational purposes and has a basis of 10k and a FMV of 30k. The amount of deduction is 10k.
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Imputed Interest Income
When you loan money out in three situations.. - Gift Loans - Corporate Shareholder Loans - Compensation Related Loans
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Key numbers related to Imputed Interest Calculations
When Net Investment Income is less than $1,000, $0 Inputes. $0-$10,000 = Not imputed $10,000 - $100,000 = lesser of borrowers NII or AFR + $100,000 = Use AFR to calculate Imputed Interest
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Alternative Minimum Tax (AMT)
Tax system that runs parallel to normal tax flow. Usually used for ISOs
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AMT Formula
Regular Taxable Income + Tax Preference Items + Standard Deduction +/- AMT Adjustments =AMTI (alt minimum taxable income) -Exemption Amount =AMT Base x AMT Tax Rate =Gross AMT Tax -AMT foreign Tax Credit =Tentative Minimum Tax (TMT) -Regular Tax Liability =AMT
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Kiddie Tax
Applies to children under age 18 or Full-Time Students under age 24. ## Footnote Net unearned income more than $2,500 is subject to be taxed at the highest marinal tax rate of parents.
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AMT & ISO's
When ISO is Exercised AMT positive between Strike Price and Exericise Price AMT Negative between FMV at Exercise and FMV at Sale. Capital Gain or Loss
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What is Net Unearned Income in regards to the Kiddie tax?
Income other than earned income like interest, capital gains, dividends, rents, royalties.
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Kiddie Tax Formula...
First $1,250 is tax free The next $1,250 is taxed at the childs tax rate (usually 10%) The remaining is taxed at parets tax rate.
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Standard deduction of a child...
Limited to the larger of... 1. $1,250; or... 2. The individuals earned income plus $400, but not more than the regular standard deduction $13,850 (which is the ceiling)
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Net Investment Income (NII)
The amount by which the sum of gross investment income and capital gains exceed the allowable deductions.
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What is Investment Income...?
Interest Dividends Capital Gains Rent, rotalties Non-Qualified Annuities Income From Business Passive Activity Businesses
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What is NOT Investment Income?
Wages Unemployment Operating Income from NonPassive Biz Tax Exempt Interest Social Security Alimony Self Employment Income Distributions from Qualified Plans Tax Exempt Interest on Gov Obligations
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NII Tax
3.8% Applies to the lesser of NII or MAGI over the filing status threshold.