Income Tax Nexus and Filing Requirements

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Questions and Answers

What is a key principle behind taxes paid by individuals and businesses?

  • Taxes paid must be fairly related to the services the state provides (correct)
  • Taxes must be paid in cash only
  • Taxes must be paid to the federal government only
  • Taxes must be paid by a certain age

What determines the requirement for businesses to file income tax returns in a particular state?

  • Physical presence in the state (correct)
  • Gross receipts or revenue
  • Net income
  • Sales and use tax nexus

What is the purpose of Public Law 86-272?

  • To impose income tax on all businesses
  • To exempt small businesses from income tax
  • To tax gross receipts or revenue
  • To protect sellers of tangible personal property from income tax (correct)

What is a condition for a business to be protected from income tax liability under Public Law 86-272?

<p>The business sells only tangible personal property (B)</p> Signup and view all the answers

What is another condition for a business to be protected from income tax liability under Public Law 86-272?

<p>The business's in-state activities are limited to solicitation of sales (C)</p> Signup and view all the answers

What is true about the rules for determining income tax nexus and sales and use tax nexus?

<p>They are sometimes the same, but sometimes different (D)</p> Signup and view all the answers

What is the reason for Mark's sales agents to be on site in Utah?

<p>To supervise installation and perform a two-day seminar on proper use of the equipment (A)</p> Signup and view all the answers

Why did Mark reduce its normal fee for its copy center design team in Arizona?

<p>To facilitate the sale of the large contract (B)</p> Signup and view all the answers

Which type of tax return requires all members meeting the unitary criteria to be included, regardless of nexus?

<p>Unitary tax return (B)</p> Signup and view all the answers

Under what condition does a taxpayer participate in interstate commerce?

<p>When the taxpayer approves orders outside the state (D)</p> Signup and view all the answers

What determines which businesses are required to file an income tax return in a state?

<p>Whether they have nexus in the state (C)</p> Signup and view all the answers

What is protected by Public Law 86-272?

<p>Solicitation of tangible personal property (B)</p> Signup and view all the answers

In which state are Mark's orders approved?

<p>Colorado (D)</p> Signup and view all the answers

What is considered a form of solicitation according to the Supreme Court?

<p>Soliciting by any form of advertising (A)</p> Signup and view all the answers

Which states are unitary return states?

<p>All states west of the Mississippi River, including Illinois (C)</p> Signup and view all the answers

What is the trade show rule related to?

<p>Maintaining a sample room for two weeks or less (C)</p> Signup and view all the answers

What activity creates an income tax liability?

<p>Providing services along with the sale of tangible personal property (C)</p> Signup and view all the answers

What is not a protected activity under Public Law 86-272?

<p>Providing services along with the sale of tangible personal property (B)</p> Signup and view all the answers

In which state are dock sales typically sourced?

<p>The destination state (A)</p> Signup and view all the answers

What is included in the definition of payroll?

<p>Salaries, commissions, and bonuses (D)</p> Signup and view all the answers

How are property values determined for the purpose of the property factor?

<p>Using the average property values for the year (D)</p> Signup and view all the answers

Where are sales of services generally sourced?

<p>The state where the services are performed (A)</p> Signup and view all the answers

What is the throwback rule related to?

<p>The sourcing of sales when a business does not have nexus in the destination state (C)</p> Signup and view all the answers

How is payroll for each employee apportioned?

<p>To a single state (A)</p> Signup and view all the answers

Why do states require a negative adjustment for federal interest income?

<p>Because states do not tax federal interest income (D)</p> Signup and view all the answers

What is the purpose of a positive adjustment for state income taxes in most states?

<p>To require businesses to pay state income taxes (A)</p> Signup and view all the answers

How is state taxable income taxed when a business is taxable in only one state?

<p>It is taxed in the state of commercial domicile (D)</p> Signup and view all the answers

What must an interstate business do with its business income and nonbusiness income?

<p>Separate business income from nonbusiness income (D)</p> Signup and view all the answers

What is the purpose of apportioning business income among states?

<p>To tax business income in the states where the business conducts business (C)</p> Signup and view all the answers

What is the purpose of allocating nonbusiness income?

<p>To allocate nonbusiness income among states where the business conducts business (A)</p> Signup and view all the answers

What is the limitation on the creditability of foreign income taxes associated with Global Intangible Low-Taxed Income (GILTI)?

<p>80% (D)</p> Signup and view all the answers

What is the purpose of the gross-up amount under §78 in the GILTI basket?

<p>To increase the foreign income taxes associated with GILTI (C)</p> Signup and view all the answers

What type of income is not eligible for deferral under the Tax Cuts and Jobs Act (TCJA)?

<p>Global Intangible Low-Taxed Income (GILTI) (B)</p> Signup and view all the answers

What is the Worldwide ETR on the branch income calculated as?

<p>$42 / $200 (B)</p> Signup and view all the answers

What is the Excess 'limitation' calculated as?

<p>$42 - $25 (A)</p> Signup and view all the answers

What is the category of foreign source income that includes interest, certain dividends, rents, royalties, and annuities?

<p>Passive category income (D)</p> Signup and view all the answers

What is the name of the test used to determine whether a foreign branch company has a substantial presence in the United States?

<p>Substantial presence test (A)</p> Signup and view all the answers

What is the type of income that is subject to withholding taxes at the source?

<p>FDAP income (A)</p> Signup and view all the answers

What is the limitation on the current-year foreign tax credit in each category of foreign source income?

<p>The FTC limitation (C)</p> Signup and view all the answers

What is the term for income earned through unincorporated business enterprises outside the United States?

<p>Foreign branch company income (A)</p> Signup and view all the answers

Which of the following is a condition that Lars would meet to be considered a resident of Belgium for tax purposes?

<p>He has a permanent home in Belgium. (B)</p> Signup and view all the answers

What is the purpose of the foreign tax credit limitation in the U.S. tax system?

<p>To ensure that the U.S. has primary taxing jurisdiction over U.S. source income. (B)</p> Signup and view all the answers

In the U.S. tax system, what is the mechanism that prevents double taxation of foreign source income earned by a U.S. person?

<p>Foreign tax credit limitation. (C)</p> Signup and view all the answers

What is the test used to determine if an individual has a substantial presence in a country for tax purposes?

<p>183-day test. (A)</p> Signup and view all the answers

What type of income is subject to withholding tax rates in the U.S. tax system?

<p>Foreign source income. (C)</p> Signup and view all the answers

What is the primary basis for taxing the worldwide income of U.S. citizens and residents?

<p>Residence-based jurisdiction (B)</p> Signup and view all the answers

What is the primary approach used by the United States in taxing its citizens and residents?

<p>Worldwide approach (D)</p> Signup and view all the answers

Which type of income is taxed on a gross basis through a flat withholding tax?

<p>Fixed, determinable, annual, or periodical gains, profits, and income (FDAP) (C)</p> Signup and view all the answers

What is the main purpose of the GILTI provision introduced in the Tax Cuts and Jobs Act?

<p>To prevent income earned in excess of a normal rate of return from being excluded from income (B)</p> Signup and view all the answers

What is the tax rate applicable to Effectively Connected Income (ECI) of a nonresident?

<p>21% (A)</p> Signup and view all the answers

Which of the following is a characteristic of the U.S. taxation of multinational transactions?

<p>It taxes worldwide income of citizens and residents (B)</p> Signup and view all the answers

What is the primary criterion used by the U.S. government to assert its right to tax a person or transaction?

<p>Nexus (B)</p> Signup and view all the answers

What is the result of the move towards a territorial approach for U.S. corporations earning foreign-source income?

<p>They are exempt from taxation on foreign-source income (D)</p> Signup and view all the answers

What is the withholding tax rate applicable to Fixed, Determinable, Annual, or Periodical (FDAP) income of a nonresident?

<p>0-30% (C)</p> Signup and view all the answers

What is the role of the foreign tax credit limitation in the U.S. taxation of multinational transactions?

<p>It determines the tax credit available for foreign taxes paid (A)</p> Signup and view all the answers

What is the primary purpose of treaties in the context of international taxation?

<p>To reduce or eliminate the double taxation of income by countries that are parties to the treaty (A)</p> Signup and view all the answers

How is interest expense allocated to gross income under the source rules for deductions?

<p>Using the average tax book value of the assets that generated the income (B)</p> Signup and view all the answers

What type of income taxes can be claimed as a credit on a U.S. tax return?

<p>Only income taxes (C)</p> Signup and view all the answers

What is the purpose of apportioning interest expense under the source rules for deductions?

<p>To match the expense with the gross income it generates (C)</p> Signup and view all the answers

What is the primary benefit of claiming a foreign tax credit on a U.S. tax return?

<p>To reduce the taxpayer's U.S. tax liability (A)</p> Signup and view all the answers

What is the primary purpose of the source-of-income rules in multinational transactions?

<p>To determine the jurisdictional source of gross income (B)</p> Signup and view all the answers

How many categories of foreign source income are used to compute the FTC limitation?

<p>Four (D)</p> Signup and view all the answers

Can an excess FTC arising in the GILTI basket be carried back or forward?

<p>No, it cannot be carried back or forward (D)</p> Signup and view all the answers

What is the time period for carrying an excess FTC from the branch, passive, or general basket?

<p>One year back and 10 years forward (C)</p> Signup and view all the answers

What is the relationship between the 100% DRD and the FTC?

<p>No FTC is allowed on income eligible for the 100% DRD (A)</p> Signup and view all the answers

In which basket of foreign source income is an excess FTC not allowed to be carried back or forward?

<p>Global intangible low-taxed income (A)</p> Signup and view all the answers

What is the purpose of determining the jurisdictional source of gross income in multinational transactions?

<p>To determine foreign source taxable income for the FTC limitation (B)</p> Signup and view all the answers

How many tax years can an excess FTC be carried forward from the branch, passive, or general basket?

<p>10 years (A)</p> Signup and view all the answers

What is the result of an excess FTC arising in the branch, passive, or general basket?

<p>It can be carried back one year and forward 10 years (C)</p> Signup and view all the answers

What is the primary goal of the FTC limitation in multinational transactions?

<p>To reduce double taxation on foreign income (D)</p> Signup and view all the answers

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