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Course Details

Business Taxation (Course Id 326)

Updated / QAS / Registry / EA
  Add to Cart 
Author : Danny C Santucci, JD
Course Length : Pages: 0 ||| Word Count: 14,0109 ||| Review Questions: 0 ||| Final Exam Questions: 120
CPE Credits : 24.0
IRS Credits : 24
Price : $145.95
Passing Score : 70%
Course Type: NASBA QAS - Text - NASBA Registry - IRS Enrolled Agents
Technical Designation: Technical
Primary Subject-Field Of Study:

Taxes - Taxes for Course Id 326

Description :

Americans who want to be their own boss are not entirely on their own. They have a rich uncle - Uncle Sam - who is there to help, as well as to make demands. The nation's tax laws are intended to encourage people to start new businesses and are chock full of incentives and tax breaks, as well as sometimes onerous reporting requirements.

This course is a fast-paced and entertaining guide through tax issues affecting business entities and their owners. The focus of this class is on tax devices and techniques available to the small business owner. Emphasis will be given to operational deductions, fringe benefits, compensation, family income splitting, retirement plans, and estate planning.

Usage Rank : 18095
Release : 2024
Version : 1.0
Prerequisites : General understanding of federal income taxation.
Experience Level : Overview
Additional Contents : Complete, no additional material needed.
Additional Links :
Advance Preparation : None.
Delivery Method : QAS Self Study
Intended Participants : Anyone needing Continuing Professional Education (CPE).
Revision Date : 10-Aug-2024
NASBA Course Declaration : Participants must complete the final examination within one year of purchase and with a minimum passing grade of 70% or better to receive CPE credit unless otherwise noted on the Course History page (i.e. California Ethics must score 90% or better). After logging in click on the Course History links on your My Courses page for the Begin date and Expire date for the Final Exam.
Approved Audience :

NASBA QAS - Text - NASBA Registry - IRS Enrolled Agents - 326

Keywords : Taxes, Business, Taxation, cpe, cpa, online course
Learning Objectives :

As a result of studying each assignment, you should be able to meet the objectives listed below each assignment.

ASSIGNMENT       SUBJECT
Chapter 1                Structure, Reporting & Accounting

       At the start of Chapter 1, participants should identify the following topics for study:

    * Sole proprietorships
    * Partnerships
    * Regular corporations
    * Recordkeeping
    * Kinds of records to keep
    * Business transactions
    * Bookkeeping systems
    * How long to keep records
    * Accounting periods & methods
    * Inventories
Learning Objectives:

       After reading Chapter 1, participants will be able to:
    1. Recognize sole proprietorships, partnerships, and corporations as organizational formats for new and existing businesses.
    2. Identify how choice of entity relates to the type of records to keep, listing issues related to substantiation and documentation.
    3. Specify available accounting periods and methods and the methods for identifying and valuing inventory items.
ASSIGNMENT       SUBJECT
Chapter 2                Structure, Business Income, Credits & Assets

       At the start of Chapter 2, participants should identify the following topics for study:

    * Rental income
    * Interest
    * Discharge of debt income
    * Dividends
    * Recoveries
    * Depreciation recapture
    * Partnership income
    * Business & investment credits
    * Asset types
    * Non-recognition transfers
Learning Objectives:

       After reading Chapter 2, participants will be able to:
    1. Identify the various types of income and their implications, including the hidden income tax dangers of cancellation of indebtedness income, tax recoveries, and depreciation recapture.
    2. Specify the existing basic business and investment tax credits, naming their tax requirements, and business asset types that affect the character of gain or loss, and recognize the tax treatment on the disposition of business assets, including non-recognition transfers and §1231 assets.
ASSIGNMENT       SUBJECT
Chapter 3                Selected Business Expenses

       At the start of Chapter 3, participants should identify the following topics for study:

    * Section 162
    * Expenses of not-for-profit activities
    * Rent expenses
    * Interest expense
    * Deductible taxes
    * Other selected deductible costs
    * Amortization
    * Depletion -§613
    * Business bad debts
    * Depreciation
Learning Objectives:

       After reading Chapter 3, participants will be able to:
    1. Recognize the importance of §162 in deducting and substantiating business expenses and costs and specify the implications of the deduction timing and limits specifying the treatment of not-for-profit activities.
    2. Identify conditional sales contracts, leveraged leases, and true leases, and determine how to qualify for rent expense deductions including through leasehold improvements.
    3. Specify the various forms of interest expense under §163(a) recognizing related reporting and filing issues, and identify the distinctions between deductible and nondeductible interest.
    4. Recognize deductions for real estate, state, and local taxes and list deductions for home office use, research and experimentation costs, barrier removal, and mine development.
    5. Identify the various forms of tax treatment under the concepts of depreciation and amortization, including the effect on amortization of §197.
    6. Determine the differences between cost depletion and percentage depletion as a means of accounting for the reduction of a product’s reserves.
    7. Specify the types of bad debt and their effect on accounting and the various methods for dealing with bad debt.
    8. Recall MACRS classifications, cite the recapture provisions and exceptions, and identify the alternative depreciation system.
ASSIGNMENT       SUBJECT
Chapter 4                Employee Compensation & Benefits

       At the start of Chapter 4, participants should identify the following topics for study:

    * Wages, salary & pay
    * Tests for deducting pay to employees
    * Selected types of compensation
    * Payroll taxes
    * Selected fringe benefits
    * Interest-free & below-market loans
    * Equity participation
    * Advantages of nonqualified deferred compensation
    * Funded company account plans
    * Segregated asset plans
Learning Objectives:

       After reading Chapter 4, participants will be able to:
    1. Specify the common-law rules used by the IRS to determine whether a person is an employee for purposes of FICA, FUTA, and federal income tax withholding.
    2. Identify the tests for wages to be deductible and how excluded fringe benefits can result in more employer deductions and incentive-based compensation to employees.
    3. Recognize the use of deferred compensation agreements including the basic types of nonqualified deferred compensation, and the tax consequences related to these plans.
ASSIGNMENT       SUBJECT
Chapter 5                Automobiles

       At the start of Chapter 5, participants should identify the following topics for study:

    * Apportionment of personal & business use
    * Deduction limitations using the actual cost method
    * Expensing - §179
    * Predominate business use rule
    * Auto leasing
    * Standard mileage method
    * Auto trade-in vs. sale
    * Employer-provided automobile
    * Nonpersonal use vehicle
    * Reporting of an employer-provided automobile
Learning Objectives:

       After reading Chapter 5, participants will be able to:
    1. Identify the apportionment of business and personal use of an automobile, including deduction limitations, and specify the various depreciation methods such as MACRS and §179 expensing.
    2. Recognize personal auto leasing, its advantages and disadvantages, and the various kinds of leasing arrangements that can be used, such as closed-end or open-end leases.
    3. Recall the standard mileage method listing its limitations and identify the various working condition fringe benefits including their impact on the gross income of employees.
    4. Identify the various valuation methods used in determining the actual value of an employee’s personal use of an automobile specifying the reporting options available to the employer.
ASSIGNMENT       SUBJECT
Chapter 6                Business Travel & Entertainment

       At the start of Chapter 6, participants should identify the following topics for study:

    * Transportation & travel distinguished
    * Definition of “tax home”
    * Temporary & indefinite assignments
    * Business purpose requirement for business travel
    * Conventions & meetings
    * Statutory exceptions of the ordinary & necessary requirement
    * Restrictions on entertainment & facilities
    * Employee expense reimbursement & reporting
    * Self-employed persons
    * Employers
Learning Objectives:

       After reading Chapter 6, participants will be able to:
    1. Recognize the “away from home” requirement and related deductions, specifying the tests for tax home and recognize the differences between temporary and indefinite work assignments. 2. Differentiate the requirement of domestic and foreign travel including North American area and cruise ship conventions. 3. Determine what constitutes business entertainment, identify business entertainment activity disallowance and specify the §274(e) exceptions. 4. Recognize the necessity of expense substantiation, and determine accountable and non-accountable plans stating the impact on deductions.
ASSIGNMENT       SUBJECT
Chapter 7                Retirement Plans

       At the start of Chapter 7, participants should identify the following topics for study:

    * Qualified deferred compensation
    * Basic requirements of a qualified pension plan
    * Basic types of corporate plans
    * Types of defined contribution plans
    * Self-employed plans – Keogh
    * Distribution & settlement options of IRAs
    * Tax-free rollovers for IRAs
    * Roth IRAs
    * Simplified employee pension plans (SEPs)
    * SIMPLE Plans
Learning Objectives:

       After reading Chapter 7, participants will be able to:
    1. Recognize the requirements and characteristics of qualified retirement plans by:
      a. Citing the limitations imposed by ERISA and TEFRA;
      b. Specifying trust requirements and tests associated with these requirements, such as the ratio test; and
      c. Identifying three classes of vesting listing how the vesting standards affect retirement plans.
    2. Determine the differences between defined contribution and defined benefit plans recognizing the different types of plans and their effect on retirement benefits.
    3. Identify Keogh Plans, traditional and Roth IRAs, and SIMPLE 401(k) plans by specifying their characteristics and determining how and when they may and may not be appropriate.
ASSIGNMENT       SUBJECT
Chapter 8                Insurance

       At the start of Chapter 8, participants should identify the following topics for study:

    * Company paid insurance
    * Group term life insurance
    * Retired lives reserve
    * Split-dollar life insurance
    * Medical & dental insurance
    * Disability income insurance
    * Interest limitation on policy loans
    * Self-employed health insurance deduction
    * Capitalized insurance
    * Health savings account
Learning Objectives:

       After reading Chapter 8, participants will be able to:
    1. Recognize the benefits of company-provided insurance policies by identifying how to qualify for group term life insurance and citing the requirements of retired lives reserve funds and split-life insurance policies.
    2. Identify the §264 interest disallowance rule and specify the COBRA continuance of group health benefits.
ASSIGNMENT       SUBJECT
Chapter 9                Estate Planning

       At the start of Chapter 9, participants should identify the following topics for study:

    * Unlimited marital deduction
    * Simple will
    * Types of trusts
    * Charitable trusts
    * Family documents
    * Private annuities
    * Business valuation
    * Redemptions
    * Lifetime dispositions
    * Installment payment of federal estate taxes
Learning Objectives:

       After reading Chapter 9, participants will be able to:
    1. Recognize the elements of general estate planning such as the unlimited marital deduction, including the qualified terminable interest property trust, stepped-up basis, and former modified carryover basis rules.
    2. Identify the primary dispositive plans, such as simple wills, the various types of trusts, annuities, related family documents, and conservatorships.
    3. Specify the various special business issues related to estate planning, such as methods of business valuation, the implications of important revenue rulings, the use of estate planning tools recognizing buy-sell agreements, and deferred compensation agreements.

Course Contents :

Chapter 1 - Structure, Reporting & Accounting

Introduction

Entity Tax Divide

Passthrough Entities - 20% Deduction

Limitations

Deduction Amount

Qualified Trade Or Business

Corporations - 21% Rate

Types of Business Organizations

Sole Proprietorships

Schedules C & Former C-EZ

Self-Employment Taxes

Estimated Tax Payments

Advantages

Disadvantages

Partnerships

Agreement

General Tax Aspects

Form 1065

Limited Partnerships

Passive Presumption

At-Risk Rules - §465

Financing

Passive Loss Limitations - §469

Active/Passive Determination

Triggering Suspended Losses

Regular Corporations

Electronic Federal Tax Payment System (EFTPS)

Form 1120 - Corporate Income Tax Return

Which Form To File

Penalty for Late Filing of Return

Penalty for Late Payment of Tax

Limit on Deduction for Dividends

Effect on Net Operating Loss

At-Risk Rules for Closely Held Corporations

Alternative Minimum Tax for Corporations

Reinstatement of AMT for Larger Corporations - §55(b)(2)

Tax Rate - 21%

Advantages

Disadvantages

Qualified Personal Service Corporation

S Corporations

Advantages

Disadvantages

Limited Liability Company

Advantages

Disadvantages

Record keeping

Why Keep Records?

Monitor the Progress of a Business

Prepare Financial Statements

Identify Source of Receipts

Keep Track Of Deductible Expenses

Prepare Tax Returns

Support Items Reported On Tax Returns

Kinds of Records to Keep

Supporting Documents

Gross Receipts

Purchases

Expenses

Assets

Business Transactions

Basic Recordkeeping

Business Checkbook

Reconciling the Checking Account

Bookkeeping Systems

Single-Entry

Double-Entry

Computerized System

Microfilm

Electronic Storage System

How Long To Keep Records

Employment Taxes

Assets

Records for Nontax Purposes

Accounting Periods & Methods

Tax Year

Section 444 Election

Business Purpose

Changes in Accounting Periods

Accounting Method

Changing a Business’s Method of Accounting

Inventories

Identification Methods

Specific Identification Method

FIFO Method

LIFO Method

Valuation Methods

Cost Method

Uniform Capitalization Rules - §263A

Lower of Cost or Market Method

Chapter 2 - Business Income, Credits & Assets

Business Income

Overview

Types of Income

Barter

Information Returns

Rental Income

Individual Lessors

Advance Rent

Lease Bonus

Security Deposits

Payment for Canceling a Lease

Payments to Third Parties

Settlement Payments

Interest

Uncollectible Loans

Below-Market Loans

Installment Sales

Interest on Insurance Dividends

Discharge of Debt Income

Exceptions from Income Inclusion

Reduction of Tax Attributes

Order of Reductions

Sale of Products or Services

Dividends

Ordinary Dividends

Money Market Funds

Dividends on Capital Stock

Dividends Used to Buy More Stock

Qualified Dividends

Tax on Net Investment Income - §1411

Recoveries

Itemized Deduction Recoveries

Recovery Limited to Deduction

Recoveries Included in Income

Non-Itemized Deduction Recoveries

Amounts Recovered for Credits

Tax Benefit Rule

Recapture of Depreciation

Sale Or Exchange Of Depreciable Property

Listed Property

Section 179 Property

Sole Proprietorship Income

Partnership Income

Partnership Agreement

Partnership Return

Partner’s Return

Corporate Income

S Corporation Income

S Corporation Return

Shareholder’s Return

Distributions

Alternative Minimum Tax Income

Business & Investment Credits

Business Credit Carryback & Carryforward Rules - §39(a)

NOL Comparison

Disposition of Business Assets

Amount Realized

Basis of Assets

Unstated Interest

Allocation of Purchase Price

Asset Types

Section 1231 Assets

Character of Gain or Loss

5 Year Averaging

Like-Kind Exchanges

Qualified Property Requirement

Like-kind Requirement

Like-kind Exchanges Limited to Real Property

Goodwill Prohibition

Chapter 3 - Selected Business Expenses

Section 162

Cost of Goods Sold

Capital Expenses - §263

Cost Recovery Depreciation - §168

Personal vs. Business Expenses

At-Risk Amounts - §465

Passive Losses - §469

Net Operating Loss - §172

Creation of an NOL

Individual NOLs

Carryovers

Farming

Corporate NOLs

Timing of Expense Deduction

Economic Performance - §461

Prepayment of Expenses

Contested Liability

Related Person - §267

Expenses of Not-for-Profit Activities - §183

Presumption of Profit

Using The Presumption Later

Limit on Deductions

Partnerships & S Corporations

More Than One Activity

Rent Expenses

Rent Paid In Advance

Lease vs. Sale

Leveraged Leases

Leveraged Leases Of Limited-Use Property

Leases over $250,000 - §467

Taxes on Leased Property

Cost of Getting a Lease

Options To Renew

Cost Of A Modification Agreement

Commissions, Bonuses, & Fees

Loss On Merchandise & Fixtures

Leasehold Improvements - §168

Assignment of a Lease

Capitalizing Rent Expenses - §263A

Interest Expense - §163

Business Interest - §162

Interest Paid In Advance

Mortgage Interest

Prepayment Penalty

Points - §461

Expenses to Obtain a Mortgage

Interest on Installment Purchases - §483 & §1271

Investment Interest - §212

Investment Property

Limit on Deduction

Net Investment Income

Investment Income

Capital Gain Inclusion Election

Investment Expenses

Losses from Passive Activities

Carryover

When to Deduct Investment Interest

Form 4952

Interest on Margin Accounts

Interest on a Market Discount Bond

Nondeductible Interest

Interest on Income Tax Owed

Penalties

Commitment Fees & Service Charges

Capitalized Interest

Production Period

Traced Debt

Avoided Cost Debt

When Interest Is Paid or Incurred

Partnerships & S Corporations

Interest Related To Tax-Exempt Income - §265

Interest on Insurance Policy Loans - §264

Single Premium Life Insurance

Systematic Plan of Borrowing

Key Person Insurance

Deductibility of Premiums & Interest on Life Insurance

Existing Interest on Purchase

Corporate Acquisition Interest

Interest Allocation Rules for Multi-Purpose Loans

Allocation period

Proceeds Not Disbursed To Borrower

Proceeds Deposited In Borrower's Account

Order Of Funds Spent

Payments From Checking Accounts

Amounts Paid Within 30 Days

Optional Method For Determining Date Of Reallocation

Interest On A Separate Account

Accrued Interest

Accrued Interest Before Debt Proceeds Are Received

Loan Repayment

Continuous Borrowings

Loan Refinancing

Special Rules for Partnerships & S Corporations

Debt-Financed Acquisitions

Reallocation

How to Report

Debt-Financed Distributions

Optional Method

How to Report

Deductible Taxes

Tax Refunds

Change in Date of Tax Accrual

Real Estate Taxes

Local Benefits

Real Estate Taxes on Purchase Or Sale

Choosing To Ratably Accrue

Separate Choices

Making the Choice

Form 3115

State & Local Income Taxes

Foreign Income Taxes

States & Local Sales Tax for Individuals

Employment Taxes

Unemployment Fund Taxes

Self-employment Tax

Other Taxes

Business Casualty & Theft Losses - §16

Proof of Loss

Amount of Loss

Limitations

Dividends Received Deduction - §243

Dividends from Domestic Corporations

65% Exception

Ownership

Limitation

Other Selected Deductible Costs

Home-Office Deduction - §280A

Requirements - §280A

Non-Exclusive Use Exceptions

Income Limitation

Administrative or Management Activities

Research & Experimental Costs Deduction Repealed - §174(a)

Business Start-Up & Organizational Costs – §195

How To Make The Choice

Carrying Charges

Intangible Drilling Costs

Exploration Costs

Partnerships

Reduced Corporate Deductions For Exploration Costs

Recapture Of Exploration Expenses

Mine Development Costs

Circulation Costs

Reforestation Costs

Retired Asset Removal Costs

Barrier Removal Costs

Deduction Limit

Partners & Partnerships

Qualification Standards

Other Barrier Removals

How To Make The Choice

Amortization

Deducting Amortization

Start-Up Costs - §195

Amortization Period

Qualifying Costs

Purchasing An Active Trade Or Business

Corporate Organizational Costs - §248

Qualifying Costs

Nonqualifying Costs

Partnership Organizational Costs - §709

Qualifying Costs

Nonqualifying Costs

Partnership Liquidation

Costs of Obtaining a Lease

Intangibles - §197

Cost Attributable To Other Property

Section 197 Intangibles Defined

Goodwill

Going Concern Value

Workforce In Place, Etc.

Business Books And Records, Etc.

Patents, Copyrights, Etc.

Customer-Based Intangible

Supplier-Based Intangible

Government-Granted License, Permit, Etc.

Covenant Not To Compete

Franchise, Trademark, Or Trade Name

Professional Sports Franchise

Contract for the Use of, or a Term Interest in, a §197 Intangible

Assets That Are Not §197 Intangibles

Computer Software

Computer Software Defined

Rights Of Fixed Duration Or Amount

Safe Harbor for Creative Property Costs

Anti-Churning Rules

Disposition of §197 Intangibles

Nondeductible Loss

Covenant Not To Compete

Nonrecognition Transfers

Research & Experimental Cost Amortization - §174(f)

Definitions – Reg. §1.174-2

Product

Costs Not Included

Interaction with Research & Development Credit - §41 & §280

Depletion - §613

Cost Depletion

Basis For Depletion

Total Recoverable Units

Number Of Units Sold

Determining The Cost Depletion Deduction

Percentage Depletion

Gross Income

Taxable Income Limit

Partnerships & S Corporations

Partner’s or Shareholder’s Adjusted Basis

Records

Reporting the Deduction

Mines & Geothermal Deposits

Gross Income From The Property

Excise Tax

Extraction

Treatment Processes

Transportation Of More Than 50 Miles

Lessor’s Gross Income

Bonuses & Advanced Royalties

Timber

Business Bad Debts - §166

Credit Transactions

Income Inclusion

Accrual Method Taxpayers

Cash Method Taxpayers

Former Business

Debt Acquired from a Decedent

Political Debts

Insolvency of Partner

Business Loan Guarantees

Reporting

Methods of Treating Bad Debts

Specific Charge-Off Method

Partly Worthless Debts

Deduction Disallowed

Totally Worthless Debts

Recovery of Bad Debt

Property Received for a Debt

Bankruptcy Claim

Sale of Mortgaged Property

Net Operating Loss

Nonaccrual-Experience Accounting Method

Performing Services

Interest & Late Charges

Energy

Alternative Fuel Refueling Property - §30C

Clean Vehicle Credit - §30D

Production Tax Credit (PTC) - §45

Carbon Capture & Sequestration Credit Enhancements - §45Q

Clean Hydrogen Production Tax Credit - §45V

Qualified Commercial Clean Vehicles - §45W

Advanced Manufacturing Production Credit - §45X

Clean Electricity Production Credit - §45Y

Clean Fuel Production Credit - §45Z

Investment Tax Credit (ITC) - §48

Advanced Energy Project Credit - §48C(e)

Advanced Manufacturing Investment Credit - §48D

Clean Electricity Investment Credit - §48E

Energy Efficient Commercial Building Deduction -  §179D

Depreciation - §168

Personal Property

MACRS

Elections

Bonus (or Additional First-year) Depreciation - §168(k)

MACRS Conventions

Mid-quarter Convention Exception

Recapture - §1245

Real Property

MACRS

Recapture - §1250 & §1245

Section 1245

Full Recapture

Section 1250

Partial Recapture

MACRS Recapture Exception for Real Property

Alternative Depreciation System - §168(g)

Mandatory Application

Method

Chapter 4 - Employee Compensation & Benefits

Wages, Salary & Pay

Employee vs. Contractor Status

Factors

Tests for Deducting Pay to Employees

Test #1 - Reasonableness

Overall Limitation

Allowance of Deduction

Publicly Traded Corporation Limitation

Limitation on Accrual Deduction

Employment Contracts

Scope of Examination

Officer’s Compensation

Factors

Employee’s Qualifications

Size of the Business

Employee’s Compensation History

Unreasonably Low Salaries

Past Service

Reasonable Dividends

Bonuses as Constituting Dividends

Payback Agreements

Miscellaneous Factors

Test #2 - For Services Performed

Employee-Shareholder Salaries

Selected Types of Compensation

Awards

Bonuses

Employee Gifts of Nominal Value

Education Expenses

Fringe Benefits

Life Insurance Coverage

Welfare Benefit Funds

Loans or Advances

Property

Restricted Property

Sick & Vacation Pay

Payroll Tax Withholding & Reporting

Form 941

Deposit Rules

Lookback Period

Monthly Depositor

Semi-Weekly Depositor

One-Day Rule

Forms 940, 943, 944, and 945

Form W-4

Form W-2

Form W-3

Social Security’s Payroll Tax or FICA - §3111 & §3121

Rates

FUTA - §3301 & 3306

Form 940

Selected Fringe Benefits

No-Additional-Cost Services - §132(b)

Covered Employees

Line of Business Requirement

Definition

Qualified Employee Discounts - §132(c)

Manner of Discount

Real Estate & Investment Property Exclusion

Amount of Discount

Working Condition Fringes - §132(d)

Covered Employees

Exceptions

Substantiation

De Minimis Fringes - §132(e)

Subsidized Eating Facilities

Discrimination

Employee Achievement Awards - §74(c) & §274(j)

Exclusion

Definition of Employee Achievement Awards

Qualified Plan Award

Employer Deduction Limits

Aggregation Limit

Special Partnership Rule

Employee Impact

Group Term Life Insurance - §79

Dependent Care Assistance - §129

Amount of Assistance

Requirements

Conflict with Dependent Care

Cafeteria Plans - §125

Definition

Qualified Benefits

Non-Qualified Benefits

Controlled Group Rules

Salary Reduction Plans

Nondiscrimination

Meals & Lodging - §119

Income Exclusion

Convenience of Employer

Self-Insured Medical Reimbursement Plans - §105

Allowable Expenses

Requirements

Benefits

Exposure

Employee Educational Assistance Programs - §127

Employer-Provided Automobile - §61 & §132

General Valuation Method

Annual Lease Value Method

Computation

Cents Per Mile Method

Commuting Value Method

Interest-Free & Below-Market Loans - §7872

Permissible Discrimination

Employee Needs

Imputed Interest - §7872

Types of Loans

Demand Loans

Term Loans

Application of §7872 and Rate Determinations

Summary

Moving Expense Reimbursement - §217

Family & Medical Leave - §45S

Qualified Transportation - §132(f)

Employer-Provided Retirement Advice & Planning - §132

Financial Planning - §67 & §212

Popularity

Taxation

Tax Planning - §67 & §212

Taxation

Estate Planning - §67 & §212

On-premises Athletic Facility - §132(j)(4)(B)

ERISA Compliance

Welfare Plans

Additional Requirements

Equity Participation

Stock Transfers or Equity Grants

Stock Sales or Unrestricted Stock Plan

Stock Plans

Stock Bonus

ESOT

Phantom Stock

Advantages

Comparison with Profit-Sharing Plans

Repurchase or Restricted Stock Agreement

Stock Options

Section 83

Risk of Forfeiture

Election

Stock Appreciation Rights Plans

Tandem Plans

Qualified Incentive Stock Option

Requirements

Nonqualified Deferred Compensation

Postponement of Income

Advantages

IRS Scrutiny & Approval

Nondiscrimination

ERISA

Funding

No Immediate Cash Outlay

Annual Report

Notice Requirement

Purposes

Benefit Formula

Incentive

Deferred Bonuses

Tax Status

Service’s Position

Rationale

Constructive Receipt

Beyond Actual Receipt

Simple Set-Asides Are Not Possible

Revenue Ruling 60-31

Regulations

Time & Control Concept

Control

Timing

Economic Benefit

Has Something of Value Been Transferred?

Insurance Coverage Has a Calculable Value

Segregated Funds Have Immediate Economic Value

General Principles

Unfunded Bare Contractual Promise Plan - Type I

Risk

Funded Company Account Plan - Type II

Ownership & Segregation

Bookkeeping Reserve or Separate Account

Employee Bears Economic Risk

Limited Protection

Investment of Deferred Amounts

Life Insurance

Premiums

Third Party Guarantees

Segregated Asset Plan - Type III

Section 83 Approach

Tight Rope Format

Transferable or Not Subject To A Risk of Substantial Forfeiture

Substantial Restrictions

Redemption or Forfeiture

Condition Related to a Purpose of the Transfer

Noncompetition

Consultation

Time Alone is Not Enough

Realization & Taxation

30-Day Election Period

Deduction Allowed

Timing

Withholding

Tax Consequences

Reciprocal Taxation/Deduction Rule

No Difference between Cash or Accrual

Separate Accounts for Two or More Participants

Income Tax on Employer Held Assets

Inclusion in Income Under §409A

Chapter 5 - Automobiles

Apportionment of Personal & Business Use

Car Pool

Fines

Parking Fees

Interest Deduction Limit for Individuals

Self-Employed Exception

Property Taxes

Sales Taxes

Former Sales Tax Deduction for Qualified Vehicles (Expired) - §164

Actual Cost Method

Deduction Limitations

Definition of Car

Depreciation and Expensing

Basis

Trade-In of Old Car for New

Placed in Service

Conversion to Business Use - “Lesser of” Rule

MACRS - 5 (Actually 6) Years

200%Double Declining Balance Method

150% Declining Balance Method Election

Straight-Line Method Election

Half-Year Convention

Mid-Quarter Convention

Depreciation “Caps” - §280F(a)

Passenger Auto Depreciation Safe Harbor Method - R.P. 2019-13

No Separate Depreciation Caps for Trucks & Vans

Post-Recovery Period Depreciation - Max Reduction Rule

Partial Business Use

Improvements

Bonus (or Additional First-year) Depreciation - §168(k)

Expensing - §179

Cost of Car

Basis Reduction

Making the §179 Election

Business Use Reduction

SUV Limitation

Predominate Business (More Than 50%) Use Rule

Qualified Business Use

Exclusions

Change From Personal to Business Use

Employee Use of Their Own Car

Failure to Meet Predominate Business Use Rule

Later Reduction in Qualified Use

ITC Recapture - Highly Unlikely

Straight-line Depreciation

Excess Depreciation Recapture

Short Tax Year Depreciation Reduction

Auto Leasing

Pros & Cons

Leasing Terminology

Closed-End vs. Open-End Lease

Formula for Monthly Payments

Leasing Deduction Restrictions

Income Inclusion Amount

Separate Lease Inclusion Table for Trucks & Vans

Cars Leased For 30 Days or More After 1986

Computation of Inclusion

Nine-Month Following Year Rule

Buying v. Leasing

Standard Mileage Method

Limitations on Standard Mileage Method

Use, Ownership & Prior Depreciation

Switching Methods

Charitable Transportation

Medical Transportation

Auto Trade-In vs. Sale

Working Condition Fringe Benefits

Qualified Transportation - §132(f)

Employer-Provided Automobile

General Hypothetical Valuation Method

Special Method #1 - Lease Value

Annual Lease Value - For Entire Calendar Year

Fair Market Value

Safe Harbor Value

Items Included in Annual Lease Value Table

Prorated Annual Lease Value - For 30 Days or More

Daily Lease Value - For Less Than 30 Days

Optional Fleet-Average Valuation Rule (FAVR)

Special Method #2 - Cents per Mile

Regular Use - 50% Business

Mileage Rule - 10,000 Miles

Items Included In Cents-Per-Mile Rate

Special Method #3 - Commuting Value

Control Employee

Employer-provided Transportation in Unsafe Areas

Qualified Employee

Nonpersonal Use Vehicles - 100% Excludable

Clearly Marked Police or Fire Vehicles

Unmarked Law Enforcement Vehicles

Law Enforcement Officer

Trucks & Vans

Pickup Truck Guidelines

Van Guidelines

Qualified Automobile Demonstration Use

Full-time Automobile Salesperson

Restrictions on Personal Use

Reporting by Employer

Election Not to Withhold for Income Taxes

Value Reported

Accounting Period

Special Accounting Period - Pour Over Method

Chapter 6 - Business Travel & Entertainment

Business Travel

Transportation & Travel Distinguished

Travel Expenses

Transportation Expenses

Determining a Tax Home

Regular Place of Abode in a Real & Substantial Sense

Two Work Locations

Itinerant Worker - No Tax Home

Assignments

Temporary vs. Indefinite Assignments

One-Year Expectation Rule

Away From Home Requirement

Sleep & Rest Rule

Substantial Period

Business Purpose Requirement

Categories of Expense

Travel Costs to and from the Destination

Costs at Destination

All or Nothing

Primarily for Business Test

Time

Other Factors

51/49 Percent Test

Domestic Business Travel

Foreign Business Travel

Personal Pleasure – At Destination Only

Primarily Business - Partial Deduction

Travel Considered Entirely for Business - Full Deduction

Definition of Business Day

Meals – 50% Reduction

Standard Meal Allowance

Lodging

Conventions & Meetings

Agenda Test

Foreign Conventions

Factors

North American Area

Allowable Expenses

Cruises Ship Conventions

Deduction Limitation

Reporting Statements

Luxury Water Travel

Exceptions

Family Member Travel Expenses

Business Entertainment

Statutory Exceptions - §274(e)

Food and Beverages for Employees

Expenses Treated as Compensation

Reimbursed Expenses

Recreational Expenses for Employees

Employee, Stockholder and Business Meetings

Trade Association Meetings

Items Available to Public

Entertainment Sold to Customers

Expenses Includible in Income of Non-employees

Business Meals

Percentage Reduction for Meals - §274(n)(1)

Application of Reduction Rule

Eating Facilities

Exceptions - §274(n)(2)

Entertainment Facilities

Exceptions

Covered Expenses

Club Dues

Sales Incentive Awards

Substantiation & Record Keeping - §274(d)

Travel Expense Items to be Substantiated

Meal Expense Items to be Substantiated

Business Gifts Expense Substantiation

Substantiation Methods

Adequate Records

Exceptions to Documentary Evidence Requirement

Sufficiently Corroborated Statements

Exceptional Circumstances

Retention of Records

Exceptions to Substantiation Requirements

Payback Agreements

Employee Expense Reimbursement & Reporting

Unreimbursed Employee Expenses

Reimbursed Employee Expenses

Accountable Plans

Business Connection

Reasonable Period of Time

Fixed Date Safe Harbor - #1

Periodic Statement Safe Harbor - #2

Adequate Accounting

Per Diem Allowance Arrangements

Federal Per Diem Rate

Related Employer Restriction

Reporting Per Diem Allowances

Reimbursement Not More Than Federal Rate

Reimbursement More Than Federal Rate

Nonaccountable Plans

Self-Employed Reimbursement & Reporting

Expenses Related to the Self-Employed's Business

Reimbursed Expenses Incurred on Behalf of a Client

With Adequate Accounting

Without Adequate Accounting

Chapter 7 - Retirement Plans

Deferred Compensation

Qualified Deferred Compensation

Qualified v. Nonqualified Plans

Major Benefit

Current Deduction

Timing of Deductions

Part of Total Compensation

Compensation Base

Salary Reduction Amounts

Benefit Planning

Corporate Plans

Advantages

Current

Deferred

Disadvantages

Employee Costs

Comparison with IRAs & Keoghs

Basic ERISA Provisions

ERISA Reporting Requirements

Fiduciary Responsibilities

Bonding Requirement

Prohibited Transactions

Additional Restrictions

Fiduciary Exceptions

Loans

Employer Securities

Excise Penalty Tax

PBGC Insurance

Sixty-Month Requirement

Recovery Against Employer

Termination Proceedings

Plans Exempt from PBGC Coverage

Basic Requirements of a Qualified Pension Plan

Written Plan

Communication

Trust

Requirements

Permanency

Exclusive Benefit of Employees

Highly Compensated Employees

Reversion of Trust Assets to Employer

Participation & Coverage

Age & Service

Coverage

Percentage Test

Ratio Test

Average Benefits Test

Numerical Coverage

Related Employers

Vesting

Full & Immediate Vesting

Minimum Vesting

Unified Vesting

Nondiscrimination Compliance

Contribution & Benefit Limits

Defined Benefit Plans (Annual Benefits Limitation) - §415

Defined Contribution Plans (Annual Addition Limitation) - §415

Limits on Deductible Contributions - §404

Assignment & Alienation

Miscellaneous Requirements

Basic Types of Corporate Plans

Defined Benefit

Mechanics

Defined Benefit Pension

Defined Contribution

Mechanics

Discretion

Favorable Circumstances

Types of Defined Contribution Plans

Profit-Sharing

Requirements for a Qualified Profit-Sharing Plan

Written Plan

Eligibility

Deductible Contribution Limit

Substantial & Recurrent Rule

Money Purchase Pension

Cafeteria Compensation Plan

Thrift Plan

Section 401(k) Plans

Death Benefits

Defined Benefit Plans

Money Purchase Pension & Target Benefit Plans

Employee Contributions

Non-Deductible

Life Insurance in the Qualified Plan

Return

Universal Life

Compare

Plan Terminations & Corporate Liquidations

10-Year Rule

Lump-Sum Distributions

Asset Dispositions

IRA Limitations

Self-Employed Plans - Keogh

Mechanics

Contribution Timing

Controlled Business

General Limitations

Effect of Incorporation

Design

Parity with Corporate Plans

Types of Keogh Plans

Figuring Retirement Plan Deductions For Self-Employed

Self-Employed Rate

Determining the Deduction

Individual Plans - IRAs

Deemed IRA

Mechanics

Phase-out

Special Spousal Participation Rule - §408A(c)(3)

Spousal IRA

Eligibility

Contributions & Deductions

Employer Contributions

Retirement Vehicles

Distribution & Settlement Options

Life Annuity Exemption

Minimum Distributions

Required Minimum Distribution

Definitions

Required Minimum Distributions During Owner’s Lifetime

Required Minimum Distributions in Year of the Owner's Death

Beneficiaries - Distributions after Owner’s Death

Estate Tax Deduction

Charitable Distributions from an IRA

Post-Retirement Tax Treatment of IRA Distributions

Income In Respect of a Decedent

Estate Tax Consequences

Losses on IRA Investments

Prohibited Transactions

Effect of Disqualification

Penalties

Borrowing on an Annuity Contract

Tax-Free Rollovers

Rollover from One IRA to Another

Waiting Period Between Rollovers

Partial Rollovers

Rollovers from Traditional IRAs into Qualified Plans

Rollovers of Distributions from Employer Plans

Withholding Requirement

Waiting Period Between Rollovers

Conduit IRAs

Keogh Rollovers

Direct Rollovers From Retirement Plans to Roth IRAs

Rollovers of §457 Plans into Traditional IRAs

Rollovers of Traditional IRAs into §457 Plans

Rollovers of Traditional IRAs into §403(B) Plans

Rollovers from SIMPLE IRAs

Roth IRA - §408A

Eligibility

Contribution Limitation

Roth IRAs Only

Roth IRAs & Traditional IRAs

Conversions

Recharacterizations

Reconversions

Taxation of Distributions

No Required Minimum Distributions

Simplified Employee Pension Plans (SEPs)

Contribution Limits & Taxation

SIMPLE Plans

SIMPLE IRA Plan

Employee Limit

Other Qualified Plan

Set up

Contribution Limits

Salary Reduction Contributions

Employer Matching Contributions

Deduction of Contributions

Distributions

SIMPLE §401(k) Plan

Chapter 8 - Insurance

Company Paid Insurance

Popularity

Types of Life Insurance

Group Term Life - §79

Requirements

“Key Employee” Defined

Cost Of Group-term Life Insurance

Ten Employee Rule

Retired Lives Reserve

Revenue Ruling 68-577

Taxation

Advantages

Split-Dollar Life

Low-Cost Term Insurance

Regulatory Requirements

Taxation

Business Travel Accident Insurance

Medical & Dental Insurance

Premiums

Disability Income Insurance

Interest Limitation on Policy Loans - §264A

Disallowance of Interest Deduction

Impact

Limit on Deductibility of Premiums & Interest

Interest Limitation for Tax-Exempt Interest Income

Key Person Life Insurance

Closely Held Corporations

Sole Shareholder Applications

Other Selected Insurances

Self-Employed Health Insurance Deduction

Long-Term Care Premiums

Capitalized Insurance

Health Savings Accounts

COBRA

Affected Employers

Small Business Health Insurance Expense Tax Credit - §45R

Chapter 9 - Estate Planning

Unlimited Marital Deduction

Outright To Spouse

Marital Deduction Trust

Qualified Terminable Interest Property Trust

Applicable Exemption (or Exclusion) Amount

Spousal Portability of Unused Exemption Amount - §2010(c)(2)

Stepped-up Basis

Basic Estate Planning Goals

Primary Dispositive Plans

Simple Will

Danger for Larger Estates

Probate

Assets Not Subject to a Will

Assets Subject to a Will

Trusts

Types of Trusts

Living Trusts

Testamentary Trusts

Revocable & Irrevocable

Living “A-B” Revocable Trust

Living “A-B-C” (QTIP) Trust

Impact of Spousal Portability on Trust B under TUIRJCA

Charitable Trusts

Charitable Remainder Trusts

Charitable Income Trusts

Insurance Trusts

Family Documents

Living Will

Property Agreement & Inventory

Durable Power Of Attorney

Power of Attorney for Health Care

Conservatorship

Funeral Arrangements

Anatomical Gifts

Private Annuity

Advantages to the Transferor

Disadvantages to the Transferor

Advantages to the Transferee

Disadvantages to the Transferee

Business Valuation

Relevant Facts

Revenue Ruling 59-60

Tangible Assets

Special Real Estate Election - §2032A

Limitations

Related Party Cash Lease

Intangible Assets & Goodwill

R.R. 68-609

Land Subject To Conservation Easement - §2032A(c)(8)

Family Member

Indirect Ownership of Land

Qualified Conservation Easement

Qualified Real Property Interest

Qualified Organization

Conservation Purpose

No Additional Income Tax Deduction

Valuation Discounts

Minority Interests

Special Valuation plus Minority Discount

Fractional Interests

Lack of Marketability

Swing Vote Premium

Buy-Sell Agreements

Redemptions Under §303

Requirements

Corporate Accumulation For §303 Redemption

Accumulation in Anticipation of Shareholder’s Death

Death of a Spouse

Bypass Trust

Lifetime Dispositions

Gifts

Stock Redemptions Under §302

Substantially Disproportionate Redemption - 80/50 Rule

Redemptions Not Essentially Equivalent to a Dividend

Complete Redemptions

Constructive Ownership - §318

Double Attribution

Stock Attribution in Complete Redemptions

Stock Recapitalization

Section 306 Taint

Deferred Compensation Agreements

Installment Payment of Federal Estate Taxes - §6166

Computation

Eligibility & Court Supervision

Closely Held Business

Acceleration of Payment

 

Glossary

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