-
what does the Internal revenue code represent
codification of the federal tax laws of the US
2-1
-
what is the calculation to calculate the amount of personal taxes due
- gross income
- +- Adjustments
- =AGI
- - Deductions
- - Net Exemptions
- = Taxable income
- X Tax Rate
- = Tax Liability
- - Credits
- + Self Employment Tax
- +AMT
- - Withholdings
- -Prepayments
- = Tax Due
- 2-1
-
What is considered an adjustment
- I EMBRACED Education Health and Farmers
- Interest on student loan
- employment tax
- moving expenses
- business expense
- rent/royalty/flow through entity
- Alimony
- Contributions to retirement
- Early withdraw penalty
- jury duty pay
- Education
- Health Savings Accounts
- Farm income (Schedule F)
- 2-1
-
What goes on a Schedule A
- COMMITT
- Charitable Contributions
- Other Miscellaneous
- Misc Expense
- Medical Expense
- Interest
- Taxes
- Theft Casualty
2-1
-
When must an individual file a tax return
- if income is greater than the sum of their personal exemptions plus their standard deduction or
- net self-employment earnings of $400 or more
- Individuals claimed as dependents on another taxpayers return and have any unearned income and gross income of 950
- anyone receiving advanced payments on the Earned Income Credit
- Kiddie Tax
- 2-1
-
What is the kiddies tax
- children who are under 18 years old or full time students under 24, must pay tax at their parents tax rate on unearned income of more than 1,900
- 2-1
-
When is an individual tax return due
April 15
2-2
-
How long of an extension is allowed for an individual tax return
-
What is allowed to be extended for individual filing an extension
filing only and does not include tax payment
2-2
-
When does interest start and end for late tax payments for individuals
Starts April 15 and ends when actual payment is made
2-2
-
what are the amounts of interest penalties for late tax payments for individuals
.5% for late payments and 5% for late filings or not filing
2-2
-
what is the max amount of penalties for late filings/payments
25% of net tax owed
2-2
-
what form is used to file an individual tax return extension
4868
2-2
-
what form is used to file an amendment
1040x
2-2
-
what is time frame an individual is allowed to file an amendment to their tax return
- later of
- 3 years of original tax return due date (including extensions)
- 2 years after actual payment of tax
2-2
-
what are the statue of limitations for the IRS to come after you on an individual tax return
- 3 years after later of due date of filing date (simple negligence)
- 6 years if total income is understated by 25% or more (gross negligence)
- unlimited for tax fraud or non-filing of return (fraud)
2-2
-
who uses the cash basis of accounting
- service type business not exceeding $10M including
- most individuals
- S-Corps
- individually owned partnerships
2-2
-
what entities are prohibited from using cash basis
- C-Corps with receipts exceeding $5M
- tax shelters
- certain trusts
- 2-2
-
when do individuals on a cash basis recognize income and deductions
- income - actually or constructively received
- deductions - disbursed or charged on credit card
2-3
-
what is included as gross income
- INSIST SIP DECAF
- interest
- net operating losses
- Scholarships
- injury awards
- stock options
- tax refunds
- social security benefits
- inheritance, gifts, and life insurance
- prizes and awards
- dividends
- earned income
- capital assets
- annuities and pensions
- foreign earned income benefits and annuities
- 2-3
-
When is income considered earned
when it is constructively received
2-3
-
what are different types of earned income
- LASTING JUG
- life insurance
- awards and prizes
- salaries/wages
- tips
- illegal drug money
- non-money form
- gambling
- jury duty
- unemployment
- group term life
2-3
-
when are tips considered earned
in the month the schedule is submitted.
- IE. Earned Dec but schedule submitted Jan.
- 2-3
-
when are premiums for group term life insurance considered earned income
- when premiums for group term life are over $50K
- 2-3
-
when are prizes and awards not considered earned income
under 400 and received for years of service
2-3
-
is health insurance considered earned income
-
when are scholarships taxable as income
- compensation of services and
- money spend of something other than tuition, books, or class supplies for degree seeking students
2-3
-
what interest is not taxable as income
- state and local municipal bond interest
- Series EE and Series I if redeemed for higher education and
- bought by taxpayer or spouse
- buyer at least 24
- redeem directly (not transferred to school)
- room and board do not qualify
- 2-3
-
what dividends are not taxable as income
- life insurance dividend - return of premium
- S-Corp
- stock dividends from common or splits
- liquidating dividend
- 2-4
-
what is tax rate for dividends
15% or 0% and after 2012 taxes at normal tax bracket
2-4
-
what injury awards are not considered income
- pain & suffering
- workers comp
- 2-4
-
what value is given to awards and prizes
-
what conditions must be satisfied for a prize/award to not be taxed as gross income
- no services required by recipient and
- selected without any action on recipients part and
- payment assigned by recipient to a governmental unit or charitable organization
2-4
-
when is social security excluded from gross income
- if provisional income is less than $25K.
- It provisional income exceeds $60K tax is subject to 85%
2-5
-
how much can you exclude as part of foreign earned income credit
95,00 of income earned in foreign country
2-5
-
how does a person qualify for a foreign earned income exclusion
- Bona fide residence test
- physical presence test
- 2-5
-
what is the bona fide residence test
- US citizen who is a foreign resident for an uninterrupted period that includes an entire year OR
- 2-5
-
what is the physical presence test
- US citizen present in a foreign country for at 330 full days in a 12 month period
- 2-5
-
what is taxable for tax refunds
- Federal - interest is
- state - interest is and refund is itemized on schedule A in PY
- 2-5
-
what is tax rate for long-term capital assets
- 15% if held for more than one year
- 0% if tax bracket is 10 or 15%
- 2-5
-
how much of a net capital loss is allowed against ordinary deduction for individuals
-
what is carry forward for net capital loss for individual
-
how much of a net capital loss is allowed against ordinary deduction for corporations
-
what is carry forward for net capital loss for corporations
- back 3 years and forward 5 years
- 2-5
-
what is carry forward for net operating loss
- back 2 years and forward 20 years
- 2-5
-
What is the name of schedule A and what goes into it
- itemized deductions
- personal and employee deductions
- 2-5
-
What is the name of schedule B
interest and dividend income
-
What is the name of schedule C and what goes into it
- profit and loss from a business
- employer expenses / 1099 income
- 2-5
-
What is the name of form 8949 and what goes into it
- capital gains and losses
- S/T & L/T investments
2-5
-
What is the name of schedule E and what goes into it
- supplementary income or loss
- Rental income
- Royalties
- Copyrights
- Oil/gas
- Patents
- Flow through entity
- 2-6
-
What is the name of schedule F
- profit and loss from farming
- 2-6
-
what is form 1116
Foreign tax credit
-
what is form 4562
depreciation and amortization
-
what is form 4797
- sale of L/T business property (not inventory or receivables)
- 2-6
-
what is allowable adjustment for student loan interest
-
what is allowable adjustment for self employment tax
- 50% of payroll taxes (FICA & Medicare)
- 1--% of medical insurance premiums
- 2-6
-
what is deduction from payroll taxes for FICA and Medicare
- FICA - 6.2%
- Medicare - 1.45%
- 2-6
-
when would medical premiums not be allowed as an adjustment
- when another member of the family has coverage through their employer
- 2-6
-
what qualifications must be met for moving expenses to be allowed as adjustment
- work must be at least 50 miles further from old home (each way)
- only direct costs are allowed
- meals, house hunting costs or temp living expenses are not allowed
- must work at least 39 weeks
- 2-6
-
what costs are allowed for business expense
- FAST HOG
- fifty percent of meals and entertainment
- all costs to run business
- similar to small corp.
- taxes paid by business
- hobby losses are not
- one hundred percent of travel
- gifts up to $25 per customer
- 2-6
-
how much is allowed as a deduction for promotional item for business expense
-
what is definition of passive activity
- any business venture in which the taxpayer doesn’t materially participate
- 2-6
-
what are the most common types of passive activates that a person can participate in
- limited partnerships interest
- all rental activity (if not a real state professional)
2-6
-
how are losses recorded for passive activity
- losses only to the extent of passive gains with unused carried forward until activity disposal
- 2-7
-
what entities are allowed to claim a passive activity
- individuals
- partnerships
- estates
- trusts
- closely held C-Corp
- personal service Corp
- 2-7
-
when can tax credits from passive activities offset taxes
- when it arises from passive activities
- 2-7
-
how are losses recorded for someone who materially participates in rental activity
- real estate person - losses treated as ordinary loss
- active participation - $25 K of losses as ordinary loss
-
what is phase out for active participation for real estate
- 50% reduction of excess of taxpayers modified AGI over 100K
- 2-7
-
when is rental income allowed to be excluded from gross income
- dwelling is rented for less than 15 days
- 2-7
-
how is rental income treated for a property that is also used for personal use
- rented more than 14 days or 10% of number of days rented - deductions are limited to gross rental income
- rented is not more than 14 days or 10% - all expenses allocate to the rental portion
- 2-7
-
what qualifications must be met to be considered alimony
- CANNOT
- cash only (not property)
- apart when payments are made
- not child support
- not designated as property settlement
- own return for payer and payee
- terminates on death of recipient
- 2-8
-
would payments for college qualify as alimony
-
what qualifies as earned income for retirement plan
- salaries and wages
- net self-employment
- alimony
- 2-8
-
how much is a person able to contribute to an IRA
-
what is the income cap for Roth IRA
- 122K or 183K if married
- 2-8
-
what conditions cause a traditional IRA to not be deductable
- individual participates in another pension or profit sharing plan AND
- AGI excess 68K or 112 married
- 2-8
-
what happens to IRA contributions if a spouse is a participant in another plan
contributions for no-participating spouse cannot be deducted if joint AGI excess 183K
2-9
-
when would early deduction from a IRA not cause a 10% penalty
- reached age 59.5
- medical expenses exceeding 7.5% AGI
- death or disability of participant
- first time purchase of home (10&
- 2-9
-
what is a Coverdell education savings account
- allows 2000 contribution made to beneficiary who is under the age of 18
- 2-9
-
how are Coverdell education savings monies withdrawn tax free
- pay elementary, middle, high school and college expenses
- 2-9
-
when does unspent money for Coverdell savings get taxed
- at age 30 of beneficiary unless transfer money to another family member of same generation
- 2-9
-
when would jury duty be entered into AGI
- when submitted to employer if employer reimbursed for it
- 2-10
-
what counts as qualified higher education and what is allowable deduction
- courses required by employer, by law, govt. regulation, or improve/maintain skills required in performing job
- $4,000
- 2-10
-
what form is used for health savings account deduction
-
what is the crop method of accounting
- cost of producing crop is deducted in year the crop income is realized
- 2-11
-
what income items go on schedule f
- raised livestock, produce & grains
- livestock and other items bought for resale
- 2-11
-
what expenses are allowed for farmers
- car/truck
- chemicals & pesticides
- depression and 179 depreciation
- feed purchased
- fertilizers
- seeds & plants
- reasonable wages paid to children, meals to feed workers
- 2-11
-
when do depreciation review farm income
11-Feb
-
what is the standard deduction if being claimed on another persons tax return
- greater of 950 or earned income +300 never to exceed regular standard deduction
- 2-11
-
when would a standard deduction be increased from normal
- if over 65 or blind
- $1,450
- 2-11
-
when is a charitable deduction allowed to be deducted on taxes
- if given cash or property and when charity receives the funds
- 2-12
-
what valuation is given to property for charitable contributions
- lower of tax basis or fair market value on date of contribution
- 2-12
-
what valuation is given to property for charitable contributions that is held for at least one year
- fair market value of long-term capital gains recovery
- 2-12
-
how much of a deduction is allowed for charitable contributions
- 50% of AGI or 30% for long-term assets
- 2-12
-
what is carry forward for charitable contribution
-
how much of a deduction is allowed for charitable contributions for corporations
-
what qualifies as an other miscellaneous expense
- gambling losses to extent to winnings
- estate taxes on income in respect to descendent
- 2-12
-
what qualifies as a miscellaneous expense
- BIT
- business expense as employee
- investment costs
- tax preparation/legal advice related to taxable income
- 2-12
-
what form is used for business expenses of an employee
- form 2106 in schedule A
- 2-12
-
what qualifies as a business expense
- A JAB CLUB
- AICPA and union dues
- job travel
- appraisal fees for charitable donations or casualty loss
- business mileage
- CPE/job education
- laptop
- uniforms
- business use of home
- 2-12
-
what is included as investment expense
- safety deposit box
- investment advisory fees
- newsletters
- and IRA custodial fees
- 2-13
-
what qualifies as medical expense for deductable expense
review HW problems for items
-
who can qualify for medical expense deduction
- taxpayer
- spouse
- dependents
- anyone who provides taxpayer over 50% of support
- 2-13
-
what interest is deductable
- investment interest
- mortgage loan interest
- 2-13
-
how much of mortgage loan interest is allowed of deduction
- acquisition indebtedness to 1,000,000
- home equity loans 100,000
- 2-13
-
how much is allowed for deduction of interest
- extent of reported net investment income on tax return
- carried forward indefinitely
- 2-14
-
what is definition of acquisition indebtedness
- loans used to acquire or construct the home as well as loans that replace previous acquisition indebtedness
- 2-14
-
What taxes are allowed be itemized
- personal property and real estate taxes
- state and local sales tax
- state, local, or foreign taxes
- 2-14
-
what does not qualify for taxes for deduction
- fees
- fines
- federal
- FICA
- gas
- excise
- 2-15
-
what is phase-out for itemized deductions
- misc - 2%
- theft & casualty - 10%
- medical - 7.5%
- 2-15
-
how is loss measured for theft & casualty
- drop in fair market caused by event but is limited to the tax basis of asset
- 2-15
-
what is calculation for theft and casualty losses
- loss
- -insurance reimbursement
- -$100 per event
- -10% AGI
- 2-15
-
when can a child claim an exemption
- when dependent child is not claimed as personal exemption
- 2-15
-
what is requirement for dependent
- C-IRS Jack you
- Citizen
- income
- relationship or unrelated household member
- support
- no Joint return
- 2-16
-
What are citizen requirements for dependence
- US citizen
- resident of Mexico or Canada
- 2-15
-
what is not considered relative for dependence
-
what are different credits allowed for individual tax return
- FACE FED
- foreign tax credit
- adoption credits
- child tax credit
- education credits
- first-time homebuyer tax credit
- earned income credit
- dependent and child care credit
- 2-19
-
what is the amount of child tax credit
- 1,000 for children under 17
- 2-17
-
what is the dependent care credit based on
- smallest of
- actual dependent care expenses
- earned income
- 3,000 for one dependent or 6,000 for multiple dependents
- 2-17
-
what income is used for calculation of dependent care credit
- earned income is based on lower-paid spouse
- unless spouse in school and income based on the spouse who is gainfully employed
- 2-17
-
what is the amount allowed for the adoption credit
- first 13,360 of costs and carry forward for 5 years
- 2-18
-
what are two different types of education credits
- American opportunity tax credit
- lifetime learning credit
- 2-18
-
what is the amount of the tax credit for the American opportunities tax credit
- applies to first four years of post secondary school
- 100% of first 2,000
- 25% of next 2,000
- per student
- 2-18
-
what is the amount of the tax credit for lifetime learning credit
- applies to all other years of education
- 20% of first 10,000
- per family
- 2-19
-
what are limitations for lifetime learning and American opportunities credit
- applies to only tuition and fees
- credit is not available to taxpayers over a certain AGI
- credit cannot be claimed on the tax return of the dependent
- cannot claim both credits at the same time
- 2-18
-
what is the maximum investment income a person can have to still qualify for earned income credit
-
what amount is allowed for the first-time homebuyer tax credit
- lesser of 8,000 or 10% purchase price
- 2-19
-
what form are estimated tax payments made
-
when are estimated tax payments due for individual taxpayers
- months 4,6,9
- and Jan 15
- 2-19
-
when would an individual be subject to underpayment tax penalty
- balance due on the tax return is greater than 1,000 by April 15
- 2-19
-
how can an individual avoid the underpayment penalty for employment tax
- withholding & estimated taxes excess 100% of prior year or 100% if taxable income is over 150,000 in PY
- 90% of current year tax liability is paid
- 2-19
-
what is the penalty for underpayment for estimated tax payments
- filing - 5% per month limited to 25%
- payment - .5% per month
- 2-19
-
what is an accuracy related penalty
- penalty of 20% if underpayment of employment taxes is attributable to negligence or disregard of rules
- 2-20
-
what is the calculation for alternative minimum tax for individuals
- AMT
- regular taxable income
- +- adjustments and preferences
- =AMTI before exemption
- - exemption
- =AMTI
- X tax rate
- =tentative minimum tax
- - regular tax
- =amt
- 2-21
-
what are different adjustments for AMT
- SIMPLE PIE
- standard deduction
- interest on home equity loans
- medical expenses under 10%AGI
- personal and dependent exemptions
- local and state income taxes, all property taxes and sales tax
- employee business expense, tax prep and investment expense subject to 2%
- 2-22
-
what are preferences for AMT
- PIE
- private activity bond interest
- incentive stock options
- excess depreciation on personal property
- 2-22
-
what is the 1933 Federal Securities Act concerned with
- original issuance of securities intended for sale to the public
- 3-1
-
what is the 1934 Securities exchange Act of 1934
- provides ongoing reporting requirements and focuses on secondary offerings of securities and regulates purchases and sales after initial issuance
- 3-1
-
what is the SEC responsible for
- administering federal securities laws
- regulating brokers
- issuing rules on work papers and other records
- ability to de-list any issuer
- 3-1
-
what parts make up a registration statement for being able to issue securities
- prospectus
- detailed information about securities being issued
- 3-1
-
what is a prospectus
- summarizes:
- historical company information
- discusses risks involved
- 3-1
-
what is the detailed information about the securities being issued that is part of registration statement
- basin information:
- names & addresses & amounts of securities held by directors, officers, underwriters and shareholders with at least 10% of stock
- intended used of the proceeds
- companies debt
- companies operating history and pending litigation
- financial information:
- audited balance sheet (not more than 90 days old)
- audited pal (for previous 5 years)
- 3-2
-
how long does it take for the SEC to deem a registration statement complete
-
what is a red herring
- issuance of preliminary prospectus
- 3-2
-
what does a red herring contain
- prospectus that has been filed but missing certain unavailable information
- 3-2
-
what are tombstone ads
- announces potential investment and how to acquire prospectus
- 3-2
-
is a tombstone ad an offer to sell
-
what is shelf registration
- requires a company to periodically update the prospectus, but allows sales and resales to be continuous for an indefinite period of time.
- 3-2
-
who is a shelf registration not available to
-
what are blue sky laws
- state adopted security laws
- 3-2
-
what applicable offerings require a registration statement and a prospectus made available
- SPIN
- securities offered
- public issue
- interstate commerce
- no other exemption is available
- 3-2
-
what are the different exemptions were a securities registration statement is not required
- ACID BRAINS
- regulation A
- commercial paper/casual sale
- intrastate
- regulation D
- brokerage transactions
- regulated industries
- agencies of the Gov..
- insurance contracts/policies
- not for profit
- stock dividends and splits
- 3-3
-
what is commercial paper
- notes and bonds that mature within 9 months and used for commercial purposes
- 3-3
-
what is regulation A
- exemption for offerings that raise up to $5M over a period not exceeding 12 months
- 3-3
-
what are requirements for regulation A
- SEC notified within 15 days of first sale
- offering circular provided to all prospective investors
- 3-3
-
what is an offering circular
- less extensive than prospectus and information does not need to be audited
- 3-3
-
what is a casual sale
- sale by persons not connected with the issuing company
- 3-5
-
what is required for intrastate offerings to be exempt
- company does at least 80% of business operations in a single state
- securities are offered exclusively to residents of that state
- the investors agree not to resell their securities to non-residents for at least 9 month
- 3-5
-
what are the different types of regulation D exemptions
-
is advertising allowed for regulation D rules 504, 505, 506
- only for 504 and is to non-accredited investors
- 3-4
-
what is time frame that SEC must be notified of a sale for regulation D rules 504, 505, 506
- 15 days after first sale
- 3-4
-
when and who is reselling allowed for regulation D rules 504, 505, 506
- 504 - resale to non-accredited investors is allowed
- 505, 506 - no resale for 2 years
- 3-4
-
what max amount of offerings for regulation D rules 504, 505, 506 and what is the time frame
- 504 - 1M w/I 12 months
- 505- 5M w/I 12 months
- 506 - unlimited w/I unlimited amount of time
- 3-4
-
how many investors are allowed for regulation D rules 504, 505, 506
- 504 - unlimited
- 505 - unlimited accredited and less than 35 non-accredited
- 506 - unlimited accredited and less than 35 non-accredited where non-accredited needs to be represented by accredited investor
3-4
-
what financial information needs to be given to investors for regulation D rules 504, 505, 506
- 504 - none
- 505 - audited balance sheet to non-accredited
- 506 - audited balance sheet to non-accredited
- 3-4
-
for regulation D rules 504, 505, 506 which are allowed if required to report under 1934 act
- 504 - not
- 505, 506 - are allowed
- 3-4
-
who are causal sales not available to
- issuers
- underwriters
- dealers
- directors
- officers
- owners with at least 10% of any class of shares
- 3-5
-
if you are exempt from 1933 act are you exempt from 1934
-
when is a SEC S-1 (registration statement) needed
- listed or traded on noation exchange OR
- at least 10M in assets and 500 shareholders
- 3-6
-
what is required disclosure for S-1
- names of officers and directors
- nature of business
- financial struutre of firm
- any bonus and profit sharing provisions
- 3-6
-
what are forms:
10k
10q
8k
proxy statement
- 10k - annaul comparative auted financial statements
- 10q - quaterely unaudited (reviewed) financial information
- 8k - due after key events
- proxy statement - indication and objective discussion of matters to be voted on
- 3-6
-
when are the following forms due:
10k
10q
8k
- 10k - 60 days for large accelerated filers, 75 days for accelerated filers, 90 days for all others
- 10q - 45 days after quarter end
- 8k - 4 days after event
- 3-6
-
what is the difference between a large accelereated filer and an accelerated filer
- large - 700M of outstanding stock
- accelerated - 75-700M of outstanding shares
- SEC website
-
what is a tender offer
- attempt to but 5% or more of a class of stock at a specified price
- 3-7
-
who must file a tender offer with the SEC and what must be shown
- person wishing to acquire the stock
- must be shown:
- source of fundes
- amount of stock owned
- price offered for shares
- future plans for the company
- 3-6
-
what happens if a director, officer or 10% shareholder sales stock pruchased within 6 monhts
- return the profit to the corporation
- 3-6
-
what is a proxy solicitation
- right to vote someones shares at a shareholder meeting
- 3-7
-
what is the fine for an officer of a company who makes certification while knowing it does not comply with SEC requirements
- 1M of fines or imprisonment for 10 years
- 3-7
-
what does the Sarbanes-Oxley do with regards to loans
- illegal for issuer to give various types of personal loans to or for any executive officer or director
- 3-7
-
when would an executive have to forfeit bonus
- under sarbanes oxley must forfeit if an earnings restatement when misconduct was present
- 3-7
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