Tax Planning Flashcards
(121 cards)
Sole Proprietor
Liability: unlimited
Participants: 1
Taxation: individual level; must file form 1040, schedule C
Income (reported on form 1040 schedule C) is self-employment income
General Partnership
Liability: unlimited
Participants: >1; no maximum
Taxation: flow through; must file form 1065
Income (reported on schedule K-1) is self-employment income
Limited Partnership
Liability: general partner - unlimited; limited partner - limited
Participants: at least one general partner and one limited partner; no maximum
Taxation: flow through; must file form 1065
Income (reported on schedule K-1) is self-employment income for the general partner - may or may not be for the limited partners
Limited Liability Partnership (LLP)
Liability: limited
Participants: >1; no maximum
Taxation: flow through; must file form 1065
Income could be self-employment or ordinary reported on schedule K-1
Family Limited Partnership (FLP)
Liability: limited for limited partners; unlimited for general partner (though GP often retains small % ownership (such as 1%))
Participants: >1; no maximum
Taxation: taxed as partnership; entity form 1065; schedule K-1s issued to general and limited partners
Purpose is to transfer assets to younger generations using annual exclusions and valuation discounts for minority interest and lack of marketability; FLPs, if properly structured, work extremely well for estate planning
Limited Liability Company (LLC)
Liability: limited
Participants: 1 or more members
Taxation: can be taxed as a sole proprietorship (file form 1040, schedule C), partnership (file form 1065), corporation (file form 1120), or s-corporation (file form 1120S)
Income could be self-employment, W-2 income and ordinary income, W-2 income; note that partnerships (in addition to LLCs) may also be taxed as another type of entity by filing form 8832 entity classification election
S-Corporation
Liability: limited
Participants: no more than 100 shareholders
Taxation: flow through; must file form 1120S
Owners’ income flows through on schedule K-1; employee’s income is reported on W-2; owner employees receive both schedule K-1 and W-2
Must be a domestic corporation.
May not be owned by C Corporations, partnerships, and certain trusts.
Allowed only one class of outstanding stock, however, can have shares with or without voting rights.
Corporation
Liability: limited
Participants: no restrictions
Taxation: entity level - corporation pays tax; must file form 1120
Income (reported on W-2 and form 1099-div) could be W-2 income and dividend income
Capital Assets
Most personal use assets and most investment assets.
Cost Basis
The amount paid in cash, debt obligations, other property, or services. Includes:
Sales Tax
Freight
Installation and testing
Excise taxes
Legal and account fees (when they must be capitalized)
Revenue stamps
Recording fees
Real estate taxes (if assumed for the seller)
Gain on inherited assets
Always long-term capital gain
Holding period of capital gains
To qualify for long-term capital gains rate, asset must be held for at least a year and is taxed at a minimum rate of 20%.
Short-term capital gains are taxed as ordinary income.
In calculating the holding period, the day of disposition is included but the day of acquisition is not.
Adjusted Basis
Cost of property
+ Capital additions
- Cost recovery
= Adjusted basis
Loss Property
Never gift or sell an asset to a related party when the donor’s basis is greater than the FMV of the asset.
What are NOT considered capital assets?
ACID:
- Accounts/notes receivable
- Copyrights and creative works
- Inventory
- Depreciable property used in a trade or business
What is the ONLY way to have a 1231 gain on a 1245 property?
To sell it for more than it was originally purchased for. Any sale amount in excess of the original purchase price of a section 1245 asset is a section 1231 gain.
1231 Gain
Any sale amount in excess of the original purchase price of a 1231 asset.
The lesser of the gain or the difference between depreciation taken and straight-line depreciation is taxed as ordinary income.
Kiddie Tax
Only applies to unearned income in excess of $2,500.
Applies to children under age 19 (or 24 if a full-time student).
First $1,250 standard deduction, second $1,250 taxed at child’s rate, remaining amount taxed at parent’s marginal rate.
Earned income standard deduction is the greater of:
$1,250 OR
$400 plus the earned income amount
(maximum deduction is $13,850)
The remainder is taxed at the child’s tax rate.
MACRS Property Classes
5 Year: Autos, computers, office equipment
7 Year: Office furniture and fixtures
*CAT/Corn
*Nonresidential and residential real property use mid-month convention
MACRS for Real Estate
Residential rental: straight-line depreciation over 27.5 years
Commercial: straight-line depreciation over 39 years
Straight Line Depreciation
Adjusted Basis
- Salvage Value
= Depreciable Amount
/ Estimated Useful Life
= Annual Depreciation Deduction
Underpayment penalty
Most people can avoid paying estimated tax if their withholding and credits equal 100% of the tax shown on the prior year’s return or 90% of the current year’s tax liability.
- Taxpayers can not rely on this rule if they had a short (less than 12 months) taxable year for the prior year.
A taxpayer does not have to pay estimated tax if:
- The taxpayer had no tax liability for the previous year;
- The taxpayer was a US citizen or resident for the entire year;
- And the taxpayer’s tax year covered a 12 month period.
1231 Asset
It is used in a trade or business and is either depreciable property or real property. I.e. buildings, machinery, equipment, land and buildings used for business, and leasehold improvements.
Specifically includes:
- Timber
- Coal
- Iron Ore
- Certain livestock
- Unharvested crops (under certain conditions)
Does NOT include:
- Inventory
- Property held by the taxpayer primarily for sale to customers in the ordinary course of business
- Copyright or creative works
Items that can increase the basis of an asset
Capital improvements - an addition on your home, a new roof, paving your driveway, installing central AC, rewiring your home.
Assessments for local improvements - water connections, sidewalks, roads.
Cost of restoring damaged property after a casualty loss.
Legal fees - cost of defending and perfecting a title to the property.
Zoning costs.