EA2 Study Unit 08 - Credits, Losses, and Additional Taxes

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Questions and Answers

What type of tax credit does the General Business Credit (GBC) allow for FICA taxes?

  • Only for the employer's portion on all tips
  • Only for employee paid tips
  • Only for the employer's portion on cash tips exceeding minimum wage (correct)
  • For both employer and employee portions of FICA

Which of the following expenditures is NOT eligible for the Disabled Access Credit?

  • Modifying restrooms for accessibility
  • Providing specialized interpreters
  • Making a building accessible for disabled individuals (correct)
  • Installing wheelchair ramps

Which types of income are excluded from the Net Operating Loss (NOL) calculation?

  • Net rental loss and business capital gains
  • Long-term capital loss and passive income
  • Interest income and long-term capital gains
  • Non-business capital losses and interest income (correct)

Which of the following statements is true regarding non-business losses?

<p>Non-business income that exceeds deductions must be included in tax calculations (B)</p> Signup and view all the answers

What is the treatment of contributions made by self-employed individuals to retirement plans regarding NOL calculations?

<p>Treated as non-business deductions, not part of NOL (D)</p> Signup and view all the answers

An activity is considered a hobby if it generates profits in three out of five consecutive tax years.

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

Which of the following factors is NOT considered when determining whether an activity is carried on for profit?

<p>The taxpayer's investment portfolio performance (D)</p> Signup and view all the answers

Before the TCJA, hobby expenses were deductible as an ______ deduction on Schedule A (Form 1040).

<p>itemized</p> Signup and view all the answers

Match the following terms related to losses with their descriptions:

<p>Casualty loss = A sudden, unexpected, or unusual event caused by an external force Theft loss = Loss resulting from the illegal taking of property Ordinary accident = Not deductible as a casualty loss Progressive deterioration = Not deductible as a casualty loss</p> Signup and view all the answers

Which of the following scenarios would NOT qualify as a deductible casualty loss?

<p>Loss from dropping a vase (A)</p> Signup and view all the answers

Personal casualty and theft losses are deductible in all cases, regardless of whether a federally declared disaster has occurred.

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

Briefly explain the concept of a 'casualty loss' as defined by the IRC.

<p>A casualty loss arises from a sudden, unexpected, or unusual event caused by an external force, such as fire, storm, shipwreck, earthquake, or sonic boom.</p> Signup and view all the answers

What is the primary purpose of tax credits like the General Business Credit (GBC)?

<p>To encourage policy objectives like energy conservation while reducing reducing tax liabilities (D)</p> Signup and view all the answers

Casualty and theft losses can reduce an entity's tax liability.

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

What form is the General Business Credit claimed on?

<p>Form 3800</p> Signup and view all the answers

The General Business Credit is limited for individuals to net income tax minus the greater of the tentative alternative minimum tax or ______% of net regular tax liability over $25,000.

<p>25</p> Signup and view all the answers

Match the following types of losses with their descriptions:

<p>Net Operating Loss (NOL) = Losses from business operations Casualty Loss = Loss due to natural disasters Theft Loss = Loss due to stolen property General Business Credit = Tax reduction measure for businesses</p> Signup and view all the answers

Which of the following best describes the limitation on the General Business Credit for corporations?

<p>Limited to net income tax minus 25% of net income tax over $25,000 (A)</p> Signup and view all the answers

Most tax credits available under the General Business Credit are refundable.

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

What are the two types of losses mentioned that can influence taxable income?

<p>Casualty and Theft</p> Signup and view all the answers

What is the maximum percentage of taxable income that an NOL carryover can offset in a given year?

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

Unused foreign tax credits can be carried back for 10 years and then forward for 1 year.

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

What must an employer provide to qualify for employee leave under certain tax credits?

<p>At least 2 weeks of leave to full-time employees</p> Signup and view all the answers

A net operating loss occurs when business expenses exceed _________ income.

<p>business</p> Signup and view all the answers

Which of the following statements about NOLs for tax years 2018, 2019, and 2020 is correct?

<p>They can be carried back 5 years and forward indefinitely. (C)</p> Signup and view all the answers

Match the following tax credit concepts with their descriptions:

<p>Foreign Tax Credit = Limited to the lesser of foreign taxes paid or U.S. tax on foreign income Net Operating Loss = Business losses that can offset future taxable income Unused Foreign Tax Credits = Can be carried back for 1 year and forward for 10 years Employee Leave Credit = Requires a written leave policy and minimum leave time for employees</p> Signup and view all the answers

Employers are required to have a written policy in place to qualify for employee leave credits.

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

The _________ Tax Credit is an alternative to the deduction of foreign taxes.

<p>Foreign</p> Signup and view all the answers

Flashcards

General Business Credit (GBC)

A nonrefundable tax credit that includes certain employer FICA credits but excludes others.

Eligible Expenditures for Disabled Access Credit

Costs like providing interpreters for accessibility qualify for the credit, but new building access does not.

Net Operating Loss (NOL)

A loss that occurs when a business's expenses exceed its revenues, considered under Sec. 172.

Inclusions in NOL Calculation

Interest income and long-term capital losses are not included in the NOL calculation.

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Non-Business Capital Loss

A loss that cannot offset business-related capital gains and is treated differently in tax calculations.

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2023 Disabled Access Credit

A tax credit for 50% of access expenditures between $250 and $10,250, capped at $5,000.

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Work Opportunity Credit Wages

Includes remuneration for employment, educational assistance, and dependent care expenses.

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Sam's Net Operating Loss Calculation

NOL is calculated by adjusting deductions and excluding certain income types, resulting in a precise loss amount.

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NOL Carryover Limitations

For a carryover NOL, only 80% of the taxable income can be canceled out in the subsequent year.

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Net Operating Loss Definition

Defined as the excess of deductions over gross income; impacts tax credit availability.

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Sam's Net Operating Loss (NOL)

NOL calculated by adjusting for nonbusiness income and losses, resulting in a specific amount.

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NOL Carryover Limit

In future, only 80% of the taxable income may use NOL carryover.

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Eligible Expenditures for Access Credit

Costs related to making facilities accessible to disabled persons qualify for the credit.

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Taxable Income and NOL Interaction

Nonbusiness income can affect the calculation of net operating loss.

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Net Capital Gain Calculation

The net capital gain is derived from sale profits after subtracting sale losses.

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Exclusions from NOL

Interest income and personal capital losses do not affect NOL calculations.

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Personal Casualty Loss Rules

Deduction for personal losses is capped by AGI percentage and deductible thresholds.

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Modified NOL Computation

Add back deductions like prior NOLs and excess losses when calculating NOL.

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Loss on Business Property

A loss on business property can lower taxable income and affect NOL.

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Deductible Personal Loss in NOL

Losses on business-use property count, but personal-use losses face stricter rules.

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FICA Tax on Agricultural Labor

Cash payments over certain amounts to workers trigger FICA tax obligations.

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Definition of Wages for NOL

Wages in the context of NOL include compensation, salary, or amounts received in various forms.

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Deductible Loss on Rental Property

Losses from rental property disposals are deductible in NOL calculations.

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Limitations on NOL for Exempt Entities

Certain entities cannot claim NOL deductions, such as non-profits and some corporations.

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Insurable Loss Recovery

Insurance proceeds reduce deductible losses; only net losses may be claimed.

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NOL Treatment for Trusts and Estates

Trusts and estates are allowed to carry over NOL deductions.

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Interaction Between Capital Gains and NOL

Gains offset losses and may limit NOL claims depending on sources.

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Deduction for Exceeding Losses

Losses greater than profits and income can be deducted in calculating NOL.

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Computation of Salvage Value

Subtract salvage value from the basis when determining losses on destroyed property.

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Deductibility of Personal Use Loss

Only part of losses for personal property might count towards deductions.

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Environmental Disaster Losses

Special rules apply if losses are from federally declared disasters.

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NOL Carryback Rules

Certain types of NOLs can be carried back to previous tax years for refunds.

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Liability for Highway Use Tax

Both original owners and new owners can incur liability for highway taxes under certain conditions.

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Conditions for Federal Unemployment Tax

Farmers must meet specific employee thresholds to owe federal unemployment taxes.

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Hobby vs. Business Activity

An activity is not a hobby if it profits in 3 of 5 tax years, or 2 of 7 for horse activities.

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Factors Determining Profit Activity

Nine factors are assessed to determine if an activity is for profit, such as taxpayer's expertise and time investment.

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Hobby Expense Deductions

Previously, hobby expenses matched income could be deducted, subject to a 2% floor on various deductions.

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TCJA Hobby Expense Change

The TCJA suspended deductions for hobby expenses starting 2018, making them nondeductible for 2023.

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Casualty Loss Definition

A casualty loss arises from sudden, unexpected events caused by external forces such as fires or storms.

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Casualty Loss Deductibility

Personal casualty and theft losses are deductible only for federally declared disasters and up to the extent of gains.

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Ordinary Accident Losses

Losses from ordinary accidents or deterioration are not deductible as casualty losses.

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Casualty Loss Non-Deductible Events

Losses from progressive deterioration like rust are not deductible; only sudden events qualify.

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Foreign Tax Credit (FTC)

A credit against U.S. tax for foreign taxes paid or accrued, limited to U.S. tax on foreign income.

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FTC Calculation Limitations

The FTC equals the lesser of foreign taxes paid or U.S. tax on foreign income.

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Unused Foreign Tax Credits

Credits not used in a tax year can be carried back 1 year and forward 10 years.

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NOL Carryforward Rules

NOLs from 2021 onward can be carried forward indefinitely, limited to 80% of taxable income.

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NOL Carryback for Certain Years

NOLs from 2018 to 2020 can be carried back 5 years and forward indefinitely.

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Deduction for NOL

NOL can only be deducted in years with taxable income, based on its origin year.

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Impact of NOL on Tax Credits

NOL can affect the availability of tax credits due to taxable income limits.

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Nonrefundable Credits

Tax credits that can reduce tax liability to zero but not beyond that.

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GBC Limit for Individuals

Limited to net income tax minus the greater of AMT or 25% excess over $25,000.

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GBC Limit for Corporations

Corporations' GBC is capped at net income tax minus 25% of tax over $25,000.

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Potential General Business Credits Example

Illustrates credit application where regular tax exceeds AMT.

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Tax Liability Reduction

Tax credits reduce the total amount owed to the government.

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Casualty and Theft Losses

Losses from theft or damage that can potentially reduce taxable income.

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Additional Taxes Overview

A brief explanation of various business-related taxes beyond income tax.

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NOL Calculation

Net operating loss is computed as allowable deductions exceeding gross income.

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Max NOL Carryover

An NOL can offset up to 80% of taxable income in future years.

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Personal Casualty Loss Calculation

Limited by a deductible and 10% of AGI; only applies to federally declared disasters.

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Deductible Business Loss

Losses from business activities can reduce taxable income and affect NOL.

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NOL Inclusion Criteria

Only business income and losses are included in calculating NOL.

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Personal Use Loss Limitations

Personal use losses generally face stricter deduction rules compared to business losses.

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Highway Use Tax Liability

Original and subsequent vehicle owners can share tax liability under certain circumstances.

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Federal Unemployment Tax Responsibilities

Farmers must meet certain cash wage thresholds to qualify for unemployment tax liabilities.

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NOL Treatment for S Corporations

S corporations do not directly benefit from NOL; investors may claim losses instead.

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Deductibility of Rental Property Loss

Loss on rental properties is deductible when calculating NOL.

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Capital Gains Impact on NOL

Capital gains can counterbalance capital losses and affect NOL deductions.

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Insurance Proceeds on Losses

Insurance reimbursements must be subtracted from casualty losses when determining deductibility.

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Farm Income Tax Obligations

Farmers must report cash and non-cash wages for Social Security tax purposes.

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Loss Calculation in Disaster Areas

Losses in disaster areas are assessed based on reduced FMV and basis after insurance.

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Deductible Casualty Loss

Casualty loss must exceed deductions and adjustments based on the situation.

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Impact of Nonbusiness Taxable Income

Nonbusiness income reduces the NOL calculation by affecting standard deductions.

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Personal Casualty Loss Deduction

Deductible personal losses are also subject to several limitations.

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NOL in Trusts and Estates

Trusts and estates can utilize NOL carry forwards and back like individuals.

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Modification for Business Loss

Various modifications are required for accurately assessing an individual's business loss.

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NOL for Farmers

Farmers can report specific losses differently due to unique tax rules.

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Exclusions from NOL Calculations

Certain income types, such as interest, do not contribute to NOL computations.

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Net Operating Loss Defined

NOL signifies that a business has incurred more expenses than income, affecting taxes.

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Agricultural Tax Exemptions

Certain agricultural businesses qualify for special tax treatments and exemptions.

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Business Asset Loss Calculation

When calculating losses for business assets, consider adjusted cost and depreciation.

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Study Notes

General Business Credit (Sec. 38)

  • General Business Credit (GBC) includes credit for FICA on certain employer-paid tips.
  • GBC EXCLUDES credit for employer-paid FICA on employee-paid tips used to meet the federal minimum wage.
  • Only employer's portion of FICA taxes paid on employee cash tips exceeding minimum wage requirements qualifies for a nonrefundable tax credit.
  • Credit is available for specific expenses related to increasing research activities in a trade or business, with a maximum credit eligible for 14%.
  • The GBC is limited to net income tax minus the greater of (a) the tentative alternative minimum tax or (b) 25% of net regular tax liability over $25,000, for individuals. For corporations, the GBC is limited to net income tax minus 25% of the net income tax in excess of $25,000.
  • Net income tax is the sum of regular income tax and alternative minimum tax liability, reduced by nonrefundable credits other than those that comprise the General Business Credit.

Disabled Access Credit

  • Providing interpreters for hearing-impaired individuals qualifies for the Disabled Access Credit.
  • Making a building accessible for the disabled IS an eligible expenditure for the Disabled Access Credit, up to a maximum credit of $5,000 per year, if expenditures are between $250 and $10,250. The credit is 50% of qualifying expenses.
  • The credit is available for small businesses (with less than $1 million in gross receipts or fewer than 30 full-time employees).
  • Expenditures are not eligible for the credit if they are for property that was placed in service by the taxpayer during the current tax year.

Net Operating Loss (NOL)

  • Loss from a rental property is a business loss for NOL calculation (Sec. 172).
  • Interest income and long-term capital losses on the sale of stock are NOT included in NOL calculations, but are still considered for the calculation.
  • Non-business capital loss cannot offset business-related capital gain.
  • Non-business income exceeding non-business deductions MUST be included in NOL calculation.
  • Self-employed contributions to retirement plans are treated as non-business deductions and are NOT part of NOL calculations.
  • Net operating loss is the excess of allowable deductions over gross income.
  • NOL generally includes only items that represent business income or loss.
  • Personal casualty losses, wages, and salaries are included as business items.
  • Interest and dividends are NOT business income.
  • The oldest NOL is used first when utilizing NOLs or when carrying back.
  • NOLs that arise in 2021 and later may be carried forward indefinitely (with a limitation).
  • Any excess of combined general business credit over the limit may be carried back 1 year. Further, excess credits can be carried forward up to 20 years.
  • NOLs for tax years 2018, 2019, and 2020 may be carried back 5 years and carried forward indefinitely.

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