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Questions and Answers
What type of payments are generally exempt from Form 1099 reporting requirements?
What type of payments are generally exempt from Form 1099 reporting requirements?
Which forms should be used for payments made in the course of a trade or business?
Which forms should be used for payments made in the course of a trade or business?
In what scenario is a personal payment reportable on Form 1099?
In what scenario is a personal payment reportable on Form 1099?
Which entity is responsible for reporting credit card payments on Form 1099?
Which entity is responsible for reporting credit card payments on Form 1099?
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What is the current reporting threshold for receiving a Form 1099-K?
What is the current reporting threshold for receiving a Form 1099-K?
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When is a Form 1099-NEC required to be issued?
When is a Form 1099-NEC required to be issued?
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Who generally receives a Form 1099-K among rideshare drivers?
Who generally receives a Form 1099-K among rideshare drivers?
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What type of payments should not be included on Form 1099-MISC?
What type of payments should not be included on Form 1099-MISC?
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What is the primary purpose of forming a Limited Liability Partnership (LLP)?
What is the primary purpose of forming a Limited Liability Partnership (LLP)?
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Which professionals are typically prohibited from forming an LLC in states like California or New York?
Which professionals are typically prohibited from forming an LLC in states like California or New York?
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What is required for partners in an LLP to file for tax purposes?
What is required for partners in an LLP to file for tax purposes?
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In an LLP, who is generally at risk for malpractice and liability?
In an LLP, who is generally at risk for malpractice and liability?
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What is often the status of a small business operated by spouses without formal agreements?
What is often the status of a small business operated by spouses without formal agreements?
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Who typically registers an LLP in California?
Who typically registers an LLP in California?
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What is a notable feature of an LLP compared to a general partnership?
What is a notable feature of an LLP compared to a general partnership?
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Which of the following statements is NOT true about Limited Liability Partnerships?
Which of the following statements is NOT true about Limited Liability Partnerships?
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What requirement must David and Jackie fulfill due to their business classification as a hotel?
What requirement must David and Jackie fulfill due to their business classification as a hotel?
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What entity must generally be filed to form a limited partnership (LP) in many states?
What entity must generally be filed to form a limited partnership (LP) in many states?
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What is the primary risk limitation for a limited partner in a partnership?
What is the primary risk limitation for a limited partner in a partnership?
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Which of the following statements about limited partners is true?
Which of the following statements about limited partners is true?
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What distinguishes a limited partnership (LP) from a general partnership (GP)?
What distinguishes a limited partnership (LP) from a general partnership (GP)?
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Which of the following best describes Cindy's role in the partnership with Tyler?
Which of the following best describes Cindy's role in the partnership with Tyler?
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How do limited partners typically contribute to a partnership?
How do limited partners typically contribute to a partnership?
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What is required for a limited partner regarding participation in the partnership's management?
What is required for a limited partner regarding participation in the partnership's management?
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What is not a category of worker classification mentioned?
What is not a category of worker classification mentioned?
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What is the time frame within which Form 8300 must be filed after receiving cash over $10,000?
What is the time frame within which Form 8300 must be filed after receiving cash over $10,000?
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Which type of worker may be issued a Form W-2 while also reporting income on Schedule C?
Which type of worker may be issued a Form W-2 while also reporting income on Schedule C?
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Which of the following types of payments are considered 'cash' for the purpose of Form 8300?
Which of the following types of payments are considered 'cash' for the purpose of Form 8300?
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Which of the following is a characteristic of statutory employees?
Which of the following is a characteristic of statutory employees?
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Which group of workers falls under statutory nonemployees?
Which group of workers falls under statutory nonemployees?
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What is the purpose of a written statement regarding Form 8300?
What is the purpose of a written statement regarding Form 8300?
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Which transaction would require a business to file Form 8300?
Which transaction would require a business to file Form 8300?
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What is a primary tax characteristic of statutory nonemployees?
What is a primary tax characteristic of statutory nonemployees?
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Which of the following is true about the payments made to independent contractors?
Which of the following is true about the payments made to independent contractors?
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When must the written statement be sent to customers for filed Form 8300?
When must the written statement be sent to customers for filed Form 8300?
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Which category includes commissioned truck drivers as statutory employees?
Which category includes commissioned truck drivers as statutory employees?
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Which of the following statements about reporting requirements under Form 8300 is accurate?
Which of the following statements about reporting requirements under Form 8300 is accurate?
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In which scenario is Form 8300 not required?
In which scenario is Form 8300 not required?
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What should be checked in box 13 of Form W-2 for a statutory employee?
What should be checked in box 13 of Form W-2 for a statutory employee?
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Which of the following is true regarding cash transactions over $10,000?
Which of the following is true regarding cash transactions over $10,000?
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What is the tax liability of a C corporation regarding its shareholders?
What is the tax liability of a C corporation regarding its shareholders?
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Which of the following best describes the tax treatment of an S corporation?
Which of the following best describes the tax treatment of an S corporation?
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What significant change regarding C corporation taxation was made by the Tax Cuts and Jobs Act?
What significant change regarding C corporation taxation was made by the Tax Cuts and Jobs Act?
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Which situation describes how a limited liability company (LLC) can be taxed?
Which situation describes how a limited liability company (LLC) can be taxed?
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What tax benefits does a C corporation enjoy in comparison to sole proprietorships?
What tax benefits does a C corporation enjoy in comparison to sole proprietorships?
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Which type of tax return must a C corporation file to report its income and losses?
Which type of tax return must a C corporation file to report its income and losses?
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How is a C corporation's after-tax profit treated when distributed as dividends?
How is a C corporation's after-tax profit treated when distributed as dividends?
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What is one potential tax responsibility of an S corporation?
What is one potential tax responsibility of an S corporation?
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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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Description
This quiz covers essential topics related to business entities, focusing on sole proprietorships and partnerships. Learn about the unique characteristics and tax implications of these business structures as part of your tax education. Perfect for understanding the foundations of business law.