Taxes Flashcards
(86 cards)
Qualifying Widow(er) Rules
If a widow(er) has lost their spouse in the current year, they are eligible to file under Married Filing Jointly (MFJ) in the year of the spouse’s death.
Then, for the following two years, if the widow(er) has provided more than half of the support to a qualifying dependent and has not remarried they can file as a Qualifying Widow(er) with a Dependent Child.
After two years, if not remarried, can file as Head of Household.
Related Use Property
Charitable Deductions
FMV = 30% of AGI
Basis = 50% of AGI
Unrelated Use Property
Charitable Deductions
Lesser of Cost Basis or FMV
Net Investment Income (NII)
Individuals, estates, and trusts are subject to a 3.8% tax on net investment income
Tax applies to the lesser of NII or the excess of modified AGI over $250k for MFJ ($200k Single)
In Matilda’s case, the total Net Investment Income (NII) is $10,500 [$5,000 (LTCGs) + $2,500 (interest) + $3,000 (dividends)]. Note, alimony is not considered NII.
For a Single tax filer, the MAGI threshold is $200,000. Matilda’s MAGI exceeds the threshold by $10,000. The NIIT applies to the lesser of NII ($10,500) or excess MAGI ($10,000); The NIIT will be applied to $10,000.
$10,000 x 0.038 = $380 of NIIT
Head of Household
Filing Status Requirements
In most cases, this status applies to taxpayers who are:
* not married
* the taxpayer must have paid more than half the cost of keeping up a home for themselves and a qualifying person
The 3 Situations the IRS looks
at closely to determine if interest
must be imputed
1. Gift Loans: provided out of love, affection, or generosity
2. Corporate Shareholder Loans: from a corporation to its shareholder
3. Compensation-Related Loans: from employer to employee
What does IRC Section 121 allow for personal residence sales?
Exclusion of gains on the sale of a personal residence for up to $250,000 (Single) or $500,000 (MFJ)
MFJ stands for Married Filing Jointly.
Does the tax code allow for recognized loss on personal residences sold at a loss?
No, the tax code does not allow any recognized loss for personal residences sold at a loss.
How often can the exclusion under IRC Section 121 be claimed?
Every two years (730 days).
If married, what is required for both spouses regarding the usage test?
Both spouses must meet the usage test.
If married, what is required for the ownership test?
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Only one spouse needs to meet the ownership test.
What happens if a taxpayer does not meet the ownership or usage test?
They may qualify for a reduced exclusion.
List some acceptable reasons for a reduced exclusion under IRC Section 121.
- 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
What may taxpayers who do not meet their tax obligations owe?
Tax penalties
Tax penalties can arise from various failures related to tax filing and payment.
What is the penalty for failing to file a tax return on time?
5% of unpaid taxes for each month late, up to a maximum of 25%
A minimum penalty of $510 applies if the return is more than 60 days late.
What is the negligence penalty if there is no intent to defraud?
20% of the deficiency amount
This penalty applies when the taxpayer did not intend to defraud the IRS.
What is the penalty for fraud in tax filings?
75% of the deficiency amount
This penalty is applied when the taxpayer intends to defraud the IRS.
What constitutes a frivolous return and its penalty?
$5,000 for returns with phrases like ‘Go pound sand’ written on them
This penalty applies to returns deemed frivolous.
What is the failure to pay penalty?
0.5% per month unpaid, up to a maximum of 25%
This penalty accumulates monthly until the tax is paid.
What is the understatement of liability penalty based on?
The amount of underpayment, the period it was due, and the interest rate for underpayments
Underpayment occurs when withheld taxes are less than specified thresholds.
What is the penalty for a tax preparer failing to furnish a copy of a tax return to a taxpayer?
$60 for each failure
Tax preparers have specific obligations for documentation.
What is the penalty for a tax preparer failing to sign a tax return?
$60 for each failure
Signing is a requirement for tax preparers to validate the return.
What is the penalty for a tax preparer failing to include a PTIN on a tax return?
$60 for each failure
The PTIN is necessary for tax preparers to properly identify themselves.
What is the penalty for a tax preparer failing to be diligent in determining eligibility for certain tax benefits?
$600 per failure
This includes eligibility for credits like the Additional Child Tax Credit.