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Final Review Session BA 128A. Final Exam 5/18 12:30- 3:30 C230 Questions from last lecture Review Chapter 13 Final Review Ch I5,7,8,9,10,12,13,14; C2,3,4,9,11,12. Chapter 13 Estate Tax. Estate tax formula Gross estate - deductions (expenses, debts & losses) =Adjusted gross estate

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final review session ba 128a
Final Review Session BA 128A
  • Final Exam 5/18 12:30- 3:30 C230
  • Questions from last lecture
  • Review Chapter 13
  • Final Review Ch I5,7,8,9,10,12,13,14; C2,3,4,9,11,12
chapter 13 estate tax
Chapter 13 Estate Tax

Estate tax formula

Gross estate

- deductions (expenses, debts & losses)

=Adjusted gross estate

- deductions (marital and charitable)

= Taxable Estate

+ Adjusted taxable gifts (post 1976)

= Estate Tax Base

Tentative tax (current uniform transfer tax rates)

- Post 1976 gift taxes (current uniform transfer tax rate) - unified credit taken in year gift taxes are paid

- unified credit (full amount)

- other credits

= Estate Tax payable

deductions
Deductions
  • Expenses - administrative expenses for managing the estate, funeral expenses
  • Debts - personal liabilities e.g. mortgage
  • Casualty and theft losses - incurred while estate is being settled
  • Marital and Charitable deductions - no ceiling
valuation of estate
Valuation of estate
  • FMV at date of death or alternate valuation date
  • Alt. Valuation - all or nothing
  • FMV at date of death - price at which property would change hands between a willing buyer and seller
  • exception - life insurance - valued at face value
  • listed stock - average of low and high price; if sale takes place within a few days of death date, use wtd average of high and low stock price on the nearest trade dates before and after date of death
  • Other valuation - Block stock, non-public stock, real estate, annuities
chapter 5 capital g l
Chapter 5 Capital G/L
  • ST < 1yr, LT > 1yr; deduct loss up to $3000, gain taxed at 20% except uncolletibles, 1250 unrecapture and section 1202
  • Netting of CL and CG
    • net STCL and STCG
    • net LTCL and LTCG
    • NLTCG > NSTCL = NCG
    • adjusted NCG is NCG without uncollectibles, section 1250 unrecapture and then sec1202 small bus stock
    • both NLTCL and NSTCL - use NSTCL first - retain character of loss
    • NSTCL > NLTCG - net highest rate group first (ie 28%, 25% and then 20%)
chapter 5
Chapter 5
  • Realized vs. recognized gain
  • Property basis
    • received as gift - usually donor’s basis except if FMV < basis, donee has 2 basis (if sold at gain later, basis = donor’s basis, else basis = FMV)
    • Gift tax paid by donor increase donee’s basis
    • property from decedent - FMV
    • property convert from personal to business - lower of FMV or adjusted basis
    • basis of stock dividend
    • basis of stock rights
chapter 7 itemized deductions
Chapter 7- itemized deductions
  • Deduct only if it exceeds standard deduction
  • Subject to phase out - 3% of amount exceeds threshold. Qualified medical expenses
  • Taxes
  • Qualified interest
  • Casualty and theft losses
  • Miscellaneous deductions
    • Non reimbursed employee expenses
    • Investment expenses
    • Cost of tax advice
  • Charitable Contributions
qualified medical expenses
Qualified Medical Expenses
  • Deduct the amount that exceed 7.5% of AGI
  • No deduction it it is reimbursed
  • Include taxpayer, taxpayer’s spouse and dependent
  • Diagnosis, cure, mitigation, treatment and prevention of disease, medical procedures involving function or structure of body - except cosmetic surgery unless for deformity correction
  • Transportation for medical reasons
  • Long term care
  • Capital expenditures for medical care - add a swimming pool, remove physical barriers
  • Medical insurance premiums
classification of interest
Classification of interest
  • Active trade and business - for AGI
  • Passive activity - e.g. rental activity - for AGI - Chapter 8
  • Investment interest - offset investment income - from AGI
  • Personal interest - not deductible
  • Qualified residence - from AGI
  • Student loan - for AGI
investment interest
Investment Interest
  • Investments - generates portfolio of income such as interest, dividends, annuities and royalties, not personal or business, not passive and not tax exempt securities
  • Net investment income = Investment income - investment expenses. Investment income include net gain to the extent that net gain exceeds net capital gain
  • Taxpayer can elect to include net capital gain in investment income that will be subject to regular tax rates
  • Investment expenses only deductible to the extent that it is >2% of AGI - ie this is the amount used to calculate net investment income
other interest
Other interest
  • Qualified residence interest
    • Principal + secondary residence
    • Secured by home
    • Acquisition indebtedness - up to $1,000,000
    • Home equity interest - can only deduct the amount applied to the lesser of FMV of qualified residence in excess of acquisition indebtedness or $100,000
  • Student Loan interest
    • For higher education expenses
    • FOR AGI deduction
    • Maximum deductible amount = $1000 in 1998.
    • Phased out ratably for AGI between 40,000 and 50,000
charitable contribution limitation amount
Charitable Contribution -limitation amount
  • Max - 50% of AGI
  • depends ORGANIZATION contributed to and TYPES of property contributed
  • Excess is carry forward for the subsequent 5 years
  • Capital gain property contributed to public charity is limited to 30% of AGI
  • Ordinary and cash property contributed to private nonoperating foundation is also limited to 30% of AGI
  • Contributions of capital gain property to private nonoperating foundation are limited to the lesser of 20% of taxpayer’s AGI or 30% of taxpayer’s AGI reduced by capital gain contributed to public charity
  • Contributions to athletics events in return for the right to purchase tickets (80% limitation)
  • Apply 50% limitation contributions first and then the 30% limitation
  • Carryover amounts subject to the same % limitations. Deductions for current year is applied first.
charitable contributions basis
Charitable contributions - basis
  • Except capital property contributed to public charity (at FMV), all other transactions, used adjusted basis (or FMV - capital gain)
  • Transactions include ordinary and capital gain property to private nonoperating foundations, capital gain property that is unrelated use in nature - special circumstances - donation of inventory and scientific equipment - higher than adjusted basis
chapter 8 loss and bad debts
Chapter 8 loss and bad debts
  • Sale or exchange of property - capital asset result in capital loss, property in bus/trade e.g. inventory, accounts receivable, depreciable property and land used in a trade or business - ordinary loss (section 1231 subject to netting rules (I13)
  • Abandonment of property - ordinary loss
  • Demolition of property not deductible - add to basis of land
  • Other disallowed loss - wash sales, like kind exchange, related party transaction, transfer of property to a controlled corp in exchange for stock
passive loss
Passive loss
  • Definition - any rental activity or any trade/business where taxpayer does not materially participate
  • Passive loss can only net against passive income and can be carried over (each activity). Suspended losses of passive activity is deductible against ordinary income upon disposition ownership interest
  • Rental activity excluding real property trade/business
  • $25000 deduct against ordinary income if actively participates and own at least 10% of value of activity; loss is subject to phase out
casualty loss
Casualty loss
  • Identifiable event that was sudden, unexpected or unusual
  • Theft is included (proper substantiation e.g. police report)
  • only allowed to deduct up to adjusted basis

Bus/investment Personal

Total destruction adjusted basis smaller of

adjusted Basis or reduction in FMV

Partial destruction smaller of

--------> ad. Basis or <------------ reduction in FMV

bad debts and nol
Bad Debts and NOL
  • Bad Debts
    • Bus bad debt - ordinary loss
    • Personal bad debt - ST capital loss
  • NOL
  • Adjust taxable income(loss) with
    • non-bus capital loss deduction
    • non-business deductions e.g. personal exemption and standard/itemized deduction
slide18
NOL
  • Carry back to get tax refund
  • Carry forward to deduct subsequent year income
  • Can elect not to carryback
  • Adjust back other deductions
    • non-bus capital loss deduction
    • non-business deductions e.g. personal exemption and standard/itemized deduction
chapter 9 employee reimbursed expenses
Chapter 9 Employee Reimbursed Expenses
  • Reimbursed employee expenses
    • accountable plan - substantiation, excess is returned to employer - not include in GI and not deductible, if excess is not return, include in income
    • not accountable plan - include in GI, expenses deducted as misc. itemized deduction
  • Unreimbursed employee expenses - deductible from AGI - misc. itemized deduction
what is deductible
What is deductible
  • Travel expenses - transportation, meals and lodging. Meals - 50%, has to be away from tax home
  • Automobile expenses - standard vs. actual
  • Entertainment expenses - 50%
  • Moving expenses - for AGI deduction
  • Education expenses
  • Office in home expenses
  • Deferred compensation
    • Qualified plans - exclusive for employees, not discriminating and other vesting and funding requirements
    • Employer can deduct contribution and employee not taxed on earnings from contributions until withdrawn
    • Traditional IRA $2000 deductible for AGI - subject to salary limit
chapter 10 depreciation
Chapter 10 - Depreciation
  • For assets/property used in trade or business or held for production of income
  • Personal use property - no depreciation
  • Personal property - equipment, vehicles, furniture
  • Real Property - land and structure permanently attached to the land
  • MACRS - personal
    • Personal property - half year convention, conversion to straight line if yields larger amount, amount reduced by half in year of disposition, recovery period is 3,5,7,10,15 years
    • Requires the use of mid-quarter if aggregate basis of all personal property in service in the last 3 months > 40% of the cost of all personal property placed in service during the tax year
    • Disposal calculation needs to be consistent, half year or quarter
  • MACRS - real property
    • Residential - 27.5 years recovery period
    • Non-residential, 39 years
    • mid-month, st line
chapter 10 section 179
Chapter 10 Section 179
  • Apply only to tangible personal business property
  • $18500 in 1998 in year of acquisition
  • Not applied to real estate
  • Election made on annual basis
  • Limitations
    • cannot be related party transaction
    • Phase out >$200,000 property acquired $ for $
    • Cannot exceed taxpayer’s income
chapter 13
Chapter 13
  • Section 1231 - treatment of character of gains and losses
  • Section 1245 - depreciable personal property + limited nonresidential real property (depreciation recapture)
  • Section 1250 - real property - excess depreciation
  • Section 1250 recapture - all st. line depreciation recapture at 25% LTCG
section 1231 continue
Section 1231 continue
  • Net section 1231 gains and losses
  • If gain -> LTCG
  • If loss -> ordinary loss
  • exception- Casualty loss - if loss > gain, non section 1231 ordinary loss, if gain> loss, section 1231 gain
  • Subject to 5 year look back rule - ordinary loss in the past five years needs to be recaptured as ordinary income instead of capital gain - loss recaptured apply to net 1231 gain in the 25% group first and then the 20% group
section 1245
Section 1245
  • Apply only to gains on disposition on property
  • Depreciation recapture as ordinary income
  • cannot exceed amount of realized gain
  • 1245 property
    • property subject to depreciation and amortization besides real property
      • applies mostly to depreciable personal property
      • property under section 179
      • exception nonresidential real estate placed in service between 1981-1986 that used ACRS accelerated cost recovery method instead of straight. line
section 1250 and unrecapture 1250 gain
Section 1250 and Unrecapture 1250 gain
  • Includes most depreciable real property except nonresidential real estate placed in service between 1981-1986, low income housing and depreciable residential rental property. Section 1250 usually applies to real estate place in service before 1986 since straight line is used after 1986
  • Recapture only the additional depreciation over straight line into ordinary income
  • Unrecapture 1250 gain - rest of the depreciation (ie straight line) will be recaptured at long term capital gain rate of 25% instead of 20%
section 1231 netting procedure
Section 1231 netting procedure
  • Determine casualty gains and loss
    • if loss -> non 1231 loss - business casualty loss is a for AGI deduction, personal casualty loss is a from AGI (itemized deduction)
  • Compute net 1231 gains/loss
    • net casualty gain
    • gains and losses from sale/exchange of section 1231 property
    • gains and losses from condemnation of property
  • If net 1231 gain, check unrecaptured 1231 loss from previous years
chapter 14 amt
Chapter 14 AMT
  • Taxable income

plus tax preference items

plus personal and dependency exemption

plus standard deduction if itemized deductions is not used

plus adjustments - disallowed itemized deductions, timing difference adjustments, disallowed AMT tax credits

= AMTI

- AMT exemption - 45000 for married filing jointly, 33750 for single tax payers - subject to phase out 25% for AMTI > 150000 for married filing jointly and 112500 for single

= AMT Base

Tax rate = 26% for the first 175000

28% for amount >175000

= Tentative minimum tax

- regular tax

= AMT

c2 forms of organizations
C2 -Forms of organizations
  • Sole Proprietorship
  • Partnerships
  • S-corp
  • C-corp
  • Know the tax advantages and disadvantages and liability consequences
tax considerations in forming corporations
Tax considerations in forming corporations
  • Tax free and taxable transfer of property
  • Section 351 - allows the deferral of gains and loss upon incorporation, apply to new and existing corporation
  • Requirements -
    • for stock
    • transfer in control immediately after exchange (no prearranged plan to sell)
    • Property must be transferred
  • Control - >= 80% of total voting stock and >=80% of each class of nonvoting stock
  • Property - money, A/R, inventory, equipment, intangibles and etc.
  • Exclusions - services, indebtedness with no security
receipt of boot
Receipt of Boot
  • SH receives cash, notes instead of stock
  • SH recognized gain up to lesser of realized gain or FMV of boot
  • Character of gain depends on asset received
  • SH basis = adjusted basis of property transfer + gain recognized - (boot received, cash received or liability assumed by transferee (ie corp))
  • SH holding period - include property’s holding period
transferee corp s recognition
Transferee Corp’s Recognition
  • No recognition if transfer stock even if 351 is not applied
  • If transfer appreciated property as part of section 351- recognized gain but not loss
  • Transferee corp basis = transferor’s adjusted basis for property + gain recognized by transferor
  • Holding period includes holding period of transferor + any depreciation recapture potential
c3 corporations deductions and losses
C3 - corporations deductions and losses
  • No itemized deductions, hobby losses, net investment interest deduction limitations, personal exemption, non-bus bad debts, alimony, IRA contribution
  • Casualty losses are fully deductible
  • No deduction for interest expenses incurred to borrow tax-exempt securities
capital gains and losses
Capital Gains and Losses
  • Same process of netting LTCG, LTCL; STCG, STCL
  • Additional 20% depreciation recapture for section 1250 property
  • No $3000 capital loss offset against ordinary income; carry back 3 and forward 5
  • No capital gain rate preferential; same treatment as ordinary income
charitable contributions
Charitable Contributions
  • 10% of adjusted taxable income
  • adjusted taxable income excludes charitable contribution deduction, NOL carryback, capital loss carryback, dividends-received deduction but INCLUDEs NOL carryover
  • Similar rules regarding ordinary income and capital gain property as individuals
special deduction dividends received deduction
Special deduction - Dividends-received deduction
  • Include dividends in Gross Income
  • receive dividends deduction <20% - 70% deduction, >=20% but < 80% - 80% deduction
  • limitation - lesser of 70%(80%) of dividends or 70%(80%) of taxable income without regard to any NOL deduction, capital loss carryback or dividends-received deduction itself
  • Does not apply if an NOL results after the deduction is taken into account
  • If ownership >=80% - receive full 100% dividends deduction with no limitations - members of affiliated group
net operating loss
Net Operating Loss
  • Carry back 2 (earliest of the 2 first) and forward 20 (first preceding year)
  • May elect not to carry back, once elected for the year, irrevocable
  • Deduction sequence
    • Charitable Contribution (include NOL carryover)
    • Dividends received deduction (not include NOL carryover)
    • NOL
c4 current e p
C4 - current E&P
  • Calculating current earnings and profits
    • start with taxable income or NOL

Permanent differences

    • plus income excluded from taxable income but included in E&P
      • life insurance proceeds, tax-exempt interest income
    • plus deductions that reduce taxable income but not allowed in E&P
      • dividends-received deduction
      • NOL, charitable contribution, capital loss carryover
    • minus expenses and losses not deductible in taxable but allowed in E&P
      • federal income taxes
      • excess capital loss not allowed
      • excess charitable contributions
      • non deductible fines and penalties etc.

Temporary difference

    • plus income deferred to a later year when computing taxable income but included in E&P in current year
    • plus or minus income and deductions items that is recomputed for E&P
      • depreciation - ADS for MACRS
      • LT contracts - % of completion for E&P
non liquidating distributions
Non-liquidating distributions
  • Dividend - distribution made out of corporation’s E&P
  • Property as contribution - $, securities of other corporation, and any other property except stock, stock right of distributing corporation
  • if distributions > E&P - > return of capital, reduce ownership basis
  • if distributions> ownership basis, excess treated as gain of sale of stock - capital gain
property distributions tax consequences to sh
Property Distributions- tax consequences to SH
  • Amount of distribution to shareholder is the property’s FMV, value determined at date of distribution, distribution amount reduced by any liability assumed by shareholder
  • Basis to shareholders is the FMV (regardless of liability assumed)
  • Distribution is dividend to the extent of the corp’s E&P
property distributions tax consequences to corp
Property Distributions- tax consequences to corp
  • Corporation must recognized gain on distributed property that has appreciated in value
  • Property’s FMV must be at least the amount of liability assumed by shareholder
  • Does not recognized loss on distributed property

Effect on E&P of corporation

  • gain recognized by distributed property increase E&P
  • Tax on the taxable gain on distributed property decrease E&P
  • Property’s adjusted basis/FMV reduce E&P (if adjMusted basis >= to FMV, reduce E&P with adjusted basis, else reduce E&P with FMV
partnership profits and losses
Partnership profits and losses
  • Partnerships - tax reporting entity
  • partner reports his/her share of income from partnership from the partnership return
  • partnership has its own tax year and accounting methods
  • partnership income can office personal losses of individual partners
  • Partner’s Basis
    • contribution increase a partner’s basis in the partnership
    • liability assumed by the partner also increase his/her basis
    • gain increase partner’s basis
    • loss decrease partner’s basis until the basis =0
    • partner’s personal liabilities assumed by partnership decreases the partner’s basis
    • partnership distributions are tax free
contribution of property to partnerships
Contribution of property to partnerships
  • No gain or loss recognized for the partner and partnership if property is cash, tangible and intangible property, services - need to recognized gain
  • if personal liabilities assumed by partnership exceed basis in partnership, recognize gain
  • partnership basis of property contributed = partner’s basis before the transfer
  • Unrealized receivables, basis = 0
  • holding period includes the transferor’s holding period
  • character of gain also transfers over
  • depreciation recapture also transfers over
  • apply the same rules after formation of partnership
partnership s distributive share
Partnership’s distributive share
  • Depends on partnership agreement, profits and losses share may be different
  • Varying interest rule - if partnership interest % changes during the year, income and loss allocation is prorated between the different days of ownership and interest %
  • Special allocations
    • pre-contribution gain or losses for contribution to partnership after 3/31/1984
    • gain/loss at the time of contribution allocated solely to the SH who contributed the property
    • other special allocations allowed if criteria is met for substantial economic effect - appropriate decrease/increase in capital account of partner and partners will make up negative capital balance - see C9-19
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