Tax Education: Business Entities Overview

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Questions and Answers

What type of payments are generally exempt from Form 1099 reporting requirements?

  • Payments to corporations (correct)
  • Payments made to sole proprietors
  • Payments made by credit card
  • Payments for personal services

Which forms should be used for payments made in the course of a trade or business?

  • Form 1099-MISC and Form 1098-T
  • Form 1099-K and Form 1098
  • Form 1099-MISC and Form 1099-NEC (correct)
  • Form 1099-K and Form 1099-NEC

In what scenario is a personal payment reportable on Form 1099?

  • When the payment is cash
  • When it exceeds $600
  • When it is made to a contractor for business work
  • There is no personal payment reportable on Form 1099 (correct)

Which entity is responsible for reporting credit card payments on Form 1099?

<p>The payment processing entity (C)</p> Signup and view all the answers

What is the current reporting threshold for receiving a Form 1099-K?

<p>$20,000 in gross earnings and 200 transactions (D)</p> Signup and view all the answers

When is a Form 1099-NEC required to be issued?

<p>For payments made for business expenses (C)</p> Signup and view all the answers

Who generally receives a Form 1099-K among rideshare drivers?

<p>Drivers who provided more than 200 rides and earned over $20,000 (D)</p> Signup and view all the answers

What type of payments should not be included on Form 1099-MISC?

<p>Payments made by credit card (D)</p> Signup and view all the answers

What is the primary purpose of forming a Limited Liability Partnership (LLP)?

<p>To provide limited liability protection to each partner (B)</p> Signup and view all the answers

Which professionals are typically prohibited from forming an LLC in states like California or New York?

<p>Doctors, CPAs, and attorneys (D)</p> Signup and view all the answers

What is required for partners in an LLP to file for tax purposes?

<p>Form 1065 (D)</p> Signup and view all the answers

In an LLP, who is generally at risk for malpractice and liability?

<p>The individual partner responsible for their own malpractice (D)</p> Signup and view all the answers

What is often the status of a small business operated by spouses without formal agreements?

<p>Partnership by default (A)</p> Signup and view all the answers

Who typically registers an LLP in California?

<p>The Secretary of State (A)</p> Signup and view all the answers

What is a notable feature of an LLP compared to a general partnership?

<p>Partners are protected from debts and malpractice (C)</p> Signup and view all the answers

Which of the following statements is NOT true about Limited Liability Partnerships?

<p>LLPs are required to file an annual corporate tax return (D)</p> Signup and view all the answers

What requirement must David and Jackie fulfill due to their business classification as a hotel?

<p>File a partnership return (C)</p> Signup and view all the answers

What entity must generally be filed to form a limited partnership (LP) in many states?

<p>Certificate of Limited Partnership (A)</p> Signup and view all the answers

What is the primary risk limitation for a limited partner in a partnership?

<p>Their risk is limited to their investment amount (D)</p> Signup and view all the answers

Which of the following statements about limited partners is true?

<p>They may not represent the business before the IRS (C)</p> Signup and view all the answers

What distinguishes a limited partnership (LP) from a general partnership (GP)?

<p>LPs require state filing, unlike GPs (B)</p> Signup and view all the answers

Which of the following best describes Cindy's role in the partnership with Tyler?

<p>Limited partner with no management role (D)</p> Signup and view all the answers

How do limited partners typically contribute to a partnership?

<p>By providing capital without additional obligations (B)</p> Signup and view all the answers

What is required for a limited partner regarding participation in the partnership's management?

<p>Limited involvement in management activities (D)</p> Signup and view all the answers

What is not a category of worker classification mentioned?

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

What is the time frame within which Form 8300 must be filed after receiving cash over $10,000?

<p>15 days (D)</p> Signup and view all the answers

Which type of worker may be issued a Form W-2 while also reporting income on Schedule C?

<p>Statutory employee (C)</p> Signup and view all the answers

Which of the following types of payments are considered 'cash' for the purpose of Form 8300?

<p>Cashier’s checks (A)</p> Signup and view all the answers

Which of the following is a characteristic of statutory employees?

<p>Their employers treat them as employees for Social Security tax purposes. (B)</p> Signup and view all the answers

Which group of workers falls under statutory nonemployees?

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

What is the purpose of a written statement regarding Form 8300?

<p>To provide customers with transaction details (B)</p> Signup and view all the answers

Which transaction would require a business to file Form 8300?

<p>A $15,000 payment for office furniture by a company (D)</p> Signup and view all the answers

What is a primary tax characteristic of statutory nonemployees?

<p>They file taxes as self-employed individuals. (B)</p> Signup and view all the answers

Which of the following is true about the payments made to independent contractors?

<p>Payments do not require tax reporting by the business. (C)</p> Signup and view all the answers

When must the written statement be sent to customers for filed Form 8300?

<p>By January 31 of the following year (B)</p> Signup and view all the answers

Which category includes commissioned truck drivers as statutory employees?

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

Which of the following statements about reporting requirements under Form 8300 is accurate?

<p>Multiple related transactions totaling above $10,000 must be reported. (B)</p> Signup and view all the answers

In which scenario is Form 8300 not required?

<p>An individual sells a personal item for $10,500. (C)</p> Signup and view all the answers

What should be checked in box 13 of Form W-2 for a statutory employee?

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

Which of the following is true regarding cash transactions over $10,000?

<p>Foreign cash also counts towards the $10,000 threshold. (B)</p> Signup and view all the answers

What is the tax liability of a C corporation regarding its shareholders?

<p>After-tax profits can be taxed again as taxable income to shareholders. (B)</p> Signup and view all the answers

Which of the following best describes the tax treatment of an S corporation?

<p>S corporations do not pay federal income tax and pass income to shareholders. (B)</p> Signup and view all the answers

What significant change regarding C corporation taxation was made by the Tax Cuts and Jobs Act?

<p>It established a flat tax rate of 21% for all C corporations. (B)</p> Signup and view all the answers

Which situation describes how a limited liability company (LLC) can be taxed?

<p>An LLC may be treated as a disregarded entity, corporation, or partnership. (A)</p> Signup and view all the answers

What tax benefits does a C corporation enjoy in comparison to sole proprietorships?

<p>C corporations can take special deductions not available to sole proprietorships. (A)</p> Signup and view all the answers

Which type of tax return must a C corporation file to report its income and losses?

<p>Form 1120. (D)</p> Signup and view all the answers

How is a C corporation's after-tax profit treated when distributed as dividends?

<p>It is taxable income for shareholders. (D)</p> Signup and view all the answers

What is one potential tax responsibility of an S corporation?

<p>It may have tax liabilities on built-in gains and passive investment income. (A)</p> Signup and view all the answers

Flashcards

Limited Partnership (LP)

A type of partnership where at least one partner has limited liability and no active role in management.

General Partners

Partners in an LP who are responsible for managing the business and have unlimited liability for its debts.

Limited Partners

Partners in an LP who contribute capital but have limited involvement in management and liability.

Liability

The amount of financial risk a partner is exposed to for a business's debts.

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Certificate of Limited Partnership

A formal document filed with the state to establish a limited partnership.

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Profit

The process of a business making money beyond its initial expenses.

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Management

The act of being actively involved in managing a business.

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Forming a Partnership

The process of forming a legal partnership.

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Limited Liability Partnership (LLP)

A business structure where each partner has personal liability protection, but is still responsible for their own actions and their investment in the partnership.

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LLP for Professional Services

A type of business structure specifically designed for licensed professionals like lawyers, doctors, and accountants, where they can practice together with limited personal liability.

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LLP Formation

A business structure that is created by law and involves registering with the state.

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Personal Liability in LLPs

In an LLP, partners are generally not personally liable for debts or the malpractice of other partners, but they are responsible for their own actions and their share of the partnership's liabilities.

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Partnership Agreement

A partnership agreement is a document that outlines the terms of the partnership, including the roles, responsibilities, and obligations of each partner.

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Implied Partnership

A partnership can be considered a legal entity even without a formal agreement, especially when spouses operate a business together.

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Partnership

A partnership is a business structure where two or more individuals agree to share risks and responsibilities in a business venture.

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General Partnership

A business structure where all partners are involved in management and share profits and losses based on their agreed upon contribution.

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C Corporation

A corporation that files its own income tax return (Form 1120) and pays taxes on its profits. Profits distributed to shareholders as dividends are subject to double taxation (at the corporate level and again at the shareholder level).

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S Corporation

A special type of corporation that avoids corporate-level taxation. Its income, losses, deductions, and credits are passed through directly to its shareholders, similar to a partnership.

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Limited Liability Company (LLC)

A business entity with limited liability for its owners but flexibility in tax treatment. Its tax status depends on the number of owners and its election.

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Disregarded Entity (LLC)

An LLC with a single owner is treated for federal tax purposes as if it were a sole proprietorship. Its income and expenses are reported directly on the owner's personal tax return.

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Corporation (LLC)

An LLC with multiple owners can elect to be taxed as a corporation. This means it will file its own corporate income tax return and pay taxes on its profits.

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Partnership (LLC)

An LLC with multiple owners can be taxed as a partnership. This means its income, losses, deductions, and credits are passed through to its partners, who then report them on their personal tax returns.

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Special Deductions for Corporations

A corporation is allowed to deduct certain expenses that sole proprietorships are not. These special deductions can reduce the corporation's taxable income.

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Flat Rate Taxation for C Corporations

The Tax Cuts and Jobs Act changed the way C corporations are taxed in 2017. They now pay a flat rate of 21% on their profits.

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Form 1099 Exemption for Corporations

Payments made to corporations are typically exempt from reporting on Form 1099, unless they are made by incorporated attorneys or in the course of a trade or business.

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Purpose of Form 1099

Form 1099 is used to report payments made in the course of trade or business, not for personal transactions.

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Reporting Credit Card Payments

Payments made by credit card or through online payment platforms (e.g., PayPal) are typically reported on Form 1099-K by the payment settlement entity, not by the payer.

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Personal Payment Exception

Payments to individuals for personal services, like painting a personal residence, are not reportable on Form 1099.

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Reporting Payments to Contractors (Form 1099-NEC)

Form 1099-NEC is used to report non-employee compensation payments, such as payments to independent contractors, when the payer is involved in a business transaction.

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Reporting Payments by Payment Settlement Entities

Payment settlement entities (like PayPal and Stripe) use Form 1099-K to report payments processed through their platforms.

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Form 1099-K for Rideshare Drivers

Rideshare drivers often receive a Form 1099-K because their payments are processed by third-party networks like Uber and Lyft, which act as payment settlement entities.

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1099-K Reporting Thresholds

A driver typically receives a Form 1099-K if they earn over $20,000 in gross earnings and they process more than 200 transactions through the rideshare platform.

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Independent Contractor

A person performing services for a business who is not considered an employee and typically pays their own taxes.

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Employee

A person who works for a company and is considered an employee for tax purposes. They are subject to withholding for income, employment, and FUTA taxes.

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Statutory Employee

A special category of workers who are classified as employees for social security purposes, even though they are not considered traditional employees for other reasons.

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Statutory Nonemployees

A category of workers treated as self-employed for federal tax purposes, despite being considered employees for some other purposes. Examples include direct sellers and licensed real estate agents.

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Form W-2

A form issued by the employer to employees, which summarizes their income and taxes withheld during the year.

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Form 1099-NEC

A form issued by the employer to independent contractors, which summarizes their income for the year.

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Income Tax

A tax that is withheld from an employee's paycheck and paid to the government by the employer.

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Unemployment Tax (FUTA)

A tax paid by employers on the wages of their employees. It funds unemployment benefits for those who lose their jobs.

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What is a designated reporting transaction?

Any transaction where a business receives a cash payment of $10,000 or more from a single transaction, or multiple related transactions. This includes cash, cashier's checks, traveler's checks, and foreign currency.

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When must a business file Form 8300?

Any business that receives a cash payment over $10,000 within a single transaction or related transactions must file Form 8300 within 15 days of receiving the payment.

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What is Form 8300?

Form 8300 is used to report cash transactions over $10,000 to the IRS. It helps track large cash transactions that could potentially be used for illegal activities.

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What statement does a business need to provide customers?

The business filing Form 8300 needs to provide the customer with a written statement by January 31st of the following year confirming the transaction was reported to the IRS.

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What counts as 'cash' for Form 8300?

Coin, currency, traveler's checks, and cashier's checks are all considered cash for Form 8300 reporting. Bank transfers, credit card payments, and ACH transactions are not included.

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What identification is required for a designated reporting transaction?

A business that receives a cash payment over $10,000 needs to verify the customer's identity to complete Form 8300. This includes obtaining their driver's license or other valid identification information.

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What transactions are not required to be reported on Form 8300?

Transactions made by individuals or businesses for personal reasons are not subject to Form 8300 reporting. The transaction needs to be considered a business transaction.

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What is a business transaction?

A business transaction is any transaction carried out by a business, and does not include transactions of an individual. If an elementary school teacher sells her car as a private individual, it's not subject to Form 8300.

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Study Notes

Tax Education Center

  • Testing Season: 2021-2022
  • Instructor: Standley Tilerin, EA
  • Topic: New Tax Law Topics, Part Two

Unit 1: Business Entities and Requirements

Sole Proprietorships

  • Not a separate legal entity; unincorporated.
  • Owned and controlled by one person.
  • May have employees, but only one owner.
  • Owner accepts all risk and liability.
  • Simplest business type, easiest to start.
  • Estimated 70% of businesses in the US are sole proprietorships.
  • If sold, must be operated by the new owner as either a different sole proprietorship or a different business entity through a sale of assets.

Partnerships

  • An unincorporated organization with two or more owners.
  • Classified as a partnership for federal tax purposes if members carry on a business and divide profits; can range from small business to complex organizations.
  • A partnership doesn't pay income tax; instead, any profits/losses "pass through" to its partners.
  • Partners are responsible for reporting their share of the partnership's income or loss on their individual returns.
  • An LP must always have at least one general partner; they have legal responsibility for the partnership's debts and liabilities.
  • Partnerships file annual information returns (Form 1065, U.S. Return of Partnership Income)
  • Partners are not employees.
  • Partnerships can have unlimited number of partners and those can be foreign or domestic.
  • Do not issue Forms W-2 to partners.
  • Issue Schedule K-1 to each partner, showing income and losses.

Joint Undertakings

  • Merely sharing expenses does not automatically form a partnership.
  • Co-ownership of rental property is generally not considered a partnership unless substantial services are provided to the tenants.
  • "Substantial services" are primarily for tenant's convenience (e.g., cleaning, changing linen, maid service).
  • Rental activity would be reported on Schedule C (if single owner) or as a partnership (if multiple owners) and not Schedule E.

Limited Partnerships (LP)

  • A partnership with at least one limited partner in addition to general partners.
  • Limited partners have no obligation to contribute additional capital.
  • Limited partners have limited liability risk based on their investment in the partnership.
  • Limited partners may not sign the partnership return or represent the business before the IRS.
  • Limited partners have restricted activity levels in management in most states.
  • A state-level entity; requires a Certificate of Limited Partnership or a certificate of Formation to be filed with the state's Secretary of State.

Limited Liability Partnerships (LLP)

  • An entity formed under state law.
  • Typically used for professional services (e.g., law firms, CPA firms).
  • In some states, LLCs are not allowed for certain professional services so LLP's are used.
  • Partners in an LLP are protected from liability for the malpractice of other partners or their employees.
  • Limited liability protection to each partner.

Qualified Joint Ventures

  • Commonly used for small businesses operated by spouses without a formal partnership agreement.
  • If the spouses are the only members, actively participating as the jointly owned and operated business, it can be classified as a qualified joint venture (QJV).
  • Spouses file separate Schedule C's and separate Schedule SE's.
  • Exception for married couples living in community property states who might be able to file as QJV's.

Corporations

  • C Corporations:

    • Separate legal entity.
    • Shareholders aren't personally liable for corporate debts.
    • Run by a board of directors; responsible for corporate oversight.
    • Profits are taxed at a flat rate (21%).
  • File annual income tax returns on Form 1120 (U.S. Corporation Income Tax Return).

  • S Corporations:

    • Separate legal entity.
    • Profits/losses pass directly to shareholders.
    • Income, losses, deductions, and credits are passed through to the shareholders on their individual income tax statements.

Limited Liability Companies (LLC)

  • Another type of business entity formed under state law.
  • Treated as a "disregarded entity," a corporation, or a partnership, depending on ownership structure.
  • Most LLCs in the US are taxed as partnerships, filing Form 1065.
  • Professional Service Limited Liability Company (PLLC) is a type of LLC for professionals (e.g., doctors, lawyers, engineers, CPAs).

Farmers and Fishermen

  • Primarily engaged in crop production, animal production, or forestry and logging.
  • Classifications for these businesses are based on the nature of the activity, not the type of entity.
  • Congress enacted specific tax laws for farming.

Tax-Exempt Organizations

  • Nonprofits.
  • Can be corporations, trusts, or unincorporated associations.
  • Earnings cannot benefit private shareholders.
  • Must have a tax-exempt purpose
  • Operate under IRS Section 501(c).

EIN (Employer Identification Number)

  • Used to report business transactions.
  • Not assigned to individuals, it identifies businesses instead of people.
  • Required if a business operates as a corporation, exempt organization, trust, estate, or partnership.
  • Must apply for an EIN if they pay employees.

Reporting Requirements

  • Form W-2: Wage and Tax Statement for employees.
  • Form W-9: Provides taxpayer identification information to individuals or entities that need to file an information return.
  • Form 1099-NEC: Reports nonemployee compensation to independent contractors.
  • Form 1099-MISC: For various business income (e.g., rents, prizes, awards).
  • Form 8300: Reports cash transactions over $10,000; filed within 15 days to the IRS.

Worker Classification

  • Businesses must determine if someone they pay is an independent contractor or employee.
  • Incorrect classification can lead to tax issues.

Statutory Employees

  • Certain workers are considered statutory employees.
  • Their income and expenses are reported on Schedule C.
  • Employers are responsible for reporting and withhold certain amounts for their employers.

Statutory Nonemployees

  • Two main types:
    • Licensed real estate agents.
    • Direct sellers.
    • Compensation reported on Form 1099-NEC and Schedule C by the individual.

FICA and SE Tax

  • Employers must pay Social Security and Medicare taxes.
  • Only the first $137,700 of employee compensation is subject to Social Security tax.
  • There's no cap on Medicare tax. (2020 Rates given)

CARES Act Deferral

  • Offer to defer the 6.2% employer portion of Social Security tax for businesses in 2020, for those eligible.

FUTA Tax

  • Federal Unemployment Tax; paid by employers only, to fund unemployment compensation to workers who have lost jobs.
  • Rate depends on the first $7,000 of employee wages.

Trust Fund Recovery Penalty (TFRP)

  • 100% penalty for failing to timely deposit or pay tax.
  • Can significantly affect businesses if not handled correctly
  • Assessed against anyone responsible for collecting or paying withheld employment taxes.

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