CHAPTER 1 INTRODUCTION TO TAXATION SOLUTIONS TO PROBLEM MATERIALS Question/ Problem 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Status: Present Edition Topic Effect of state and local taxes on decision making Unchanged History of Federal income tax Unchanged Tax structure Unchanged Use taxes Unchanged Inheritance and estate taxes compared Unchanged Cumulative nature of the Federal gift tax Unchanged Federal gift tax and use of annual exclusions Unchanged Advantage of Federal gift tax election for spouses to Unchanged split gifts Ethics problem Unchanged Issue recognition Unchanged Issue recognition Unchanged Issue recognition New Ad-valorem on realty: effect of tax holiday New Proportional versus progressive tax Unchanged FICA and FUTA compared Unchanged Issue recognition Unchanged Issue recognition Unchanged General sales tax: excluded items Modified Income tax computation Modified Entity choice Unchanged Entity choice Unchanged Implicit tax Unchanged Tax rate determination Unchanged Tax rate determination Unchanged Justification for annual exclusion New Justification for several tax provisions Unchanged Economic and social considerations: home ownership Unchanged Wherewithal to pay Modified Mitigating the effect of the annual accounting Unchanged period concept Coping with inflation: indexation procedure Unchanged 1-1 Q/P in Prior Edition 1 2 3 4 5 6 7 8 9 10 11 14 15 16 17 18 19 20 21 22 23 24 27 28 29 30 1-2 2003 Entities Volume/Solutions Manual Question/ Problem 31 32 Topic Internet activity VAT versus national sales tax: expected taxpayer compliance compared Status: Present Edition Q/P in Prior Edition New Unchanged 32 Unchanged 1 Bridge Discipline Problem 1 Bridge to Economics PROBLEM MATERIAL 1. Some tax considerations Aqua should investigate include the following: State and local income taxes. State and local sales taxes. State and local property taxes. Many such taxes could affect any cost-of-living differential. pp. 1-5, 1-12, 1-13, and 1-18 2. This is not the case. During the Civil War, both the Federal Union and the Confederate States of America had an income tax. Furthermore, an income tax was reenacted in 1894. It was this tax that was held to be unconstitutional by the U. S. Supreme Court and ultimately led to the passage of the Sixteenth Amendment. pp. 1-15 to 1-18 3. Except for the Federal estate and gift taxes, all excise taxes are proportional. This is also the case with ad valorem property taxes. Besides the Federal estate and gift taxes, income taxes are progressive. pp. 1-4 and 1-17 4. Jim probably will be required to pay the Washington use tax if, and when, he applies for Washington license plates. In this case, the use tax probably is the same amount as the Washington sales tax. p. 1-5 and Example 5 5. An inheritance tax is a tax on the right to receive property due to the death of another. As such it is a tax on the heir. An estate tax is a tax on the right to pass property by death. As such, it is a tax on the decedent. The Federal government levies an estate tax. States levy inheritance or estate taxes or both. pp. 1-9 and 1-10 6. Since the gift tax is cumulative in effect, the 2000 taxable gift must be added to the 2002 taxable gift. As the tax rates are progressive, the tax on $500,000 is $155,800. From this amount is subtracted the amount paid on the 2000 gift. Thus, $85,000 ($155,800 $70,800) is the amount of tax due on the 2002 gift. p. 1-11 and Example 12 7. 16 (donees) X $11,000 (annual exclusion) X 10 years = $1,760,000. Example 14 p. 1-11 and Introduction to Taxation 8. The special election allows one-half of the gifts made by the donor-spouse to be treated as being made by the nondonor-spouse. The effect of this election to split gifts of property made to third persons is to increase the number of annual exclusions available and to allow the use of the nondonor-spouse’s unified transfer tax credit. p. 1-11 9. In all probability, the residence was not on the property tax rolls when it was owned by a tax-exempt organization (i.e., St. Matthew's Catholic Church)—see p. 1-12 in the text. Also clear is the fact that the taxing authority is not aware that the residence is no longer owned by a tax-exempt organization. Since it is only a question of time before the omission is noticed by the taxing authority, it would be advisable for the Toth's to get the matter cleared up. In many cases, further delay can lead to additional interest and penalties. pp. 1-12 and 1-13 10. Gull Company is trying to minimize the value of the real estate. This can be done by keeping personalty from becoming a “fixture.” The jurisdiction where the building is situated probably imposes an ad valorem tax on realty that is higher than that imposed on personalty. pp. 1-12 and 1-13 11. Probably John has no desire to experience the trouble and expense of paying the income taxes imposed by other states and many cities. By limiting his performances to Las Vegas, he avoids state and local income taxes. pp. 1-17 and 1-18 12. Property owned by churches and various other charitable organizations often are not included on the tax roll and are, therefore, not subject to ad valorem taxes. This probably was the case of the parsonage. Furthermore, it appears that the taxing authorities are not aware that the property is no longer entitled to a charitable exemption. Once this is discovered, Curtis can expect to be assessed for back taxes and, perhaps, interest and penalties. pp. 1-12 and 1-13 13. One way to resolve an anticipated power shortage would be to offer generous tax holidays to those who build and operate power generating facilities within the taxing jurisdiction. p. 1-12 14. As the Medicare tax component of the FICA tax rate is constant, the tax is proportional. pp. 1-3, 1-8, and Example 3 15. a. The FICA tax burden is shared by both employer and employee, while the incidence of FUTA falls entirely on the employer. pp. 1-8 and 1-9 b. The justification for FICA is to provide retirement and disability security. FUTA, on the other hand, is designed to provide modest unemployment benefits. p. 1-8 and 1-9 c. For 2002, the FICA tax rate on employees and employers is 6.2 percent of wages up to a maximum base amount of $84,900 and 1.45 percent on all wages (no limit). FUTA applies at a maximum rate of 6.2 percent on the first $7,000 of covered wages. p. 1-8 and 1-9 16. In some states, counties (and cities) are given the option to impose additional sales tax levies. It is possible that this is the situation with Wilson County. If so, this would explain why Velma does her shopping in Grimes County. p. 1-5 and Example 4 1-3 1-4 2003 Entities Volume/Solutions Manual 17. Earl probably purchased his computer out-of-state by use of a catalog or through the Internet. In such cases, state collection of the sales (use) tax is improbable without taxpayer compliance. p. 1-5 18. Paul undoubtedly purchased some items (e.g., drugs) that are excluded from the purview of the applicable general sales tax. p. 1-5 19. a. Using the individual income tax formula in Figure 1-2, Jill’s taxable income is computed as follows: Income broadly conceived Less: exclusions Gross income Less: deductions for AGI AGI Less: greater of Itemized deductions Standard deduction Less: personal exemption Taxable income $220,000 (30,000) $190,000 (38,000) $152,000 20,000 4,700 (24,700) (3,000) $124,300 Using the Tax Rate Schedule X inside the front cover of the textbook, Jill’s total tax liability for 2002 would be $31,605 ($14,625 + 0.30 [$124,300 – $67,700]). This tax liability of $31,605 would then be reduced by the tax credits of $19,000 to $12,605. The $30,395 excess of estimated tax payments of $43,000 over the $12,605 could be refunded or applied to the next year's tax liability. b. If Jill were a corporation, her taxable income would be computed using the formula in Figure 1-1, as follows: Income broadly conceived Less: exclusions Gross income Less: deductions Taxable income $220,000 (30,000) $190,000 (58,000) $132,000 Note that the corporation receives no personal exemption and that no distinction is made between deductions for and from AGI. Using the corporate tax rate schedule inside the front cover of the textbook, Jill’s total tax liability for 2002 is $34,730. $50,000 25,000 25,000 32,000 X X X X 15% 25% 34% 39% = $ 7,500 = 6,250 = 8,500 = 12,480 $34,730 This tax liability would then be reduced by the tax credits of $19,000 to $15,730 ($34,730 - $19,000). The $27,270 excess of estimated tax payments of $43,000 over the $15,730 could be refunded or applied to next year’s tax liability. pp. 1-16 and 1-17 Introduction to Taxation 20. Smith, Raabe, and Maloney, CPAs 5191 Natorp Boulevard Mason, OH 45040 February 25, 2002 Cynthia Clay 1206 Seventh Avenue Fort Worth, TX 76101 Dear Cynthia: I am writing this letter to help you decide on what form of entity to choose for your new sandwich delivery business. In our phone conversation, you indicated that you expect to have losses for the first two years in this business and then make substantial profits in subsequent years. You and Cory also indicated that you are concerned about potential personal liability. While I can’t make a conclusive recommendation based on the information you have given me, I can provide you with some general guidelines that should simplify your decision. First, given your concern about personal liability, a partnership does not appear to be a desirable option (you would both be personally liable for any injuries to customers). Similarly, given your expectation of losses in the first two years, it does not appear that a regular “C” corporation would be a desirable choice, at least initially. This is because any losses in the corporation could only be used to offset future corporate profits—you could not use the losses to immediately offset your personal tax liability. Thus, two choices exist which provide limited liability and deductibility of losses on your personal income tax return. These are the “S” corporation and the limited liability company. If you choose an “S” corporation, we would probably convert the entity to a “C” corporation when the business becomes profitable. At that point, profits would be taxed at the regular “C” corporation rates. A second tax would be levied on your personal income tax return for any dividends paid by the corporation once it achieves “C” status. In contrast, limited liability companies are taxed like partnerships—all income would be taxed on your personal income tax return in profitable years. The relative desirability of each of these two forms depends on a number of factors. One of the most important factors in your situation is the relationship between your personal tax rate and the tax rate of a regular “C” corporation. If you are in a high tax bracket and if the income in the business is sufficiently low, you might be best off choosing the “S” corporation. Alternatively, if you expect the business to generate a sufficiently large profit each year, it might be best to choose the limited liability company. If you would like me to give you a clearer recommendation, we should meet at your earliest convenience. If you have any additional questions, please call me. 1-5 1-6 2003 Entities Volume/Solutions Manual Best regards, Julian Jackson, CPA pp. 1-18 to 1-21 21. a. 2002 2003 2004 Corporate Tax Liability Sales Revenue Cash Expenses Depreciation Taxable Income Corporate Tax Liability $150,000 $320,000 $600,000 (30,000) (58,000) (95,000) (25,000) (20,000) (40,000) $95,000 $242,000 $465,000 $20,550 $ 77,630 $158,100 Cash Available for Dividends Sales Revenue Tax-Free Interest Income Cash Expenses Corporate Tax Liability Cash Available for Dividends $150,000 $320,000 $600,000 5,000 8,000 15,000 (30,000) (58,000) (95,000) (20,550) (77,630) (158,100) $104,450 $192,370 $361,900 Ashley's After-Tax Cash Flow Dividend Received Tax on Dividend After-Tax Cash Flow PV of Cash Flow Present Value $104,450 $192,370 $361,900 (36,558) (67,330) (126,665) $ 67,892 $125,040 $235,235 $ 61,721 $103,333 $176,732 $341,786 b. 2002 Individual Tax Liability Sales Revenue Cash Expenses Depreciation Taxable Income Individual Tax Liability 2003 2004 $150,000 $320,000 $600,000 (30,000) (58,000) (95,000) (25,000) (20,000) (40,000) $ 95,000 $242,000 $465,000 $ 33,250 $ 84,700 $162,750 Ashley's After-Tax Cash Flow Sales Revenue $150,000 $320,000 $600,000 Tax-Free Interest Income 5,000 8,000 15,000 Cash Expenses (30,000) (58,000) (95,000) Individual Tax Liability (33,250) (84,700) (162,750) Introduction to Taxation After-Tax Cash Flow PV of Cash Flow Present Value c. $ 91,750 $185,300 $ 83,410 $153,132 $504,944 1-7 $357,250 $268,402 If Ashley wants to have access to all available cash from the business, then she will have to pay out dividends annually. As seen in the answers to a and b above, the present value of future cash flows is substantially greater if she does not incorporate under this assumption. Alternatively, if she does not need to pay out dividends, then she may be better off by incorporating, since only the corporate tax will be incurred, which is less than her individual tax. The value of her stock will increase and she can then sell the stock at a later date at favorable capital gains rates. pp. 1-18 to 1-21 22. a. The implicit tax rate on the Kiowa County bonds is (8% - 5%) / 8%, or 37.5%. Implicit tax can be thought of as the tax rate that would generate the tax-free return if it were applied to the taxable bond. b. Given that Sienna only faces a 25% marginal tax rate, the tax-free bonds would not be a good investment because the implicit tax rate is too high. p. 1-23 and Example 23 23. Without the new product line, Chartreuse would offset all of its 2002 and 2003 income with the NOL carryforward and would have no regular tax liability until 2004. With the new product line, Chartreuse would have taxable income of $20,000 ($50,000 income $30,000 NOL carryforward) in 2003. That is, all $70,000 of 2002 income would be offset by the NOL carryforward and $30,000 of the 2003 income would be offset. Assuming no changes in corporate tax rates, Chartreuse would face a 0% tax rate in 2002 and a 15% tax rate in 2003 if the new product line were chosen versus a 0% tax rate if the line were not chosen. The tax rate faced in 2003 in the new product line would be the discounted value of the 15% rate over one year. For example, assuming a 10% discount rate, the tax rate would be 13.6% (15% / 1.1). pp. 1-22 and 1-23 and Example 22 24. Using the corporate tax rate schedule inside the cover of the textbook, Mauve’s tax liability (on $105,000) is $24,200. Since Mauve would pay $0.39 on the next dollar of taxable income earned, its marginal tax rate is 39%. Its average tax rate is the ratio of tax liability to taxable income or approximately 23% ($24,200 / $105,000). Its effective tax rate is the ratio of tax liability to total income or approximately 20% ($24,200 / $120,000). p. 1-23 and Example 21 25. The purpose of the annual exclusion is to avoid the need to report and pay taxes on modest gifts. Without the exclusion, the IRS could have a real problem of taxpayer noncompliance. p. 1-33 26. a. Control of the economy. Lower tax rates, for example, lead to additional spendable funds. p. 1-26 b. Encourages saving and is socially desirable to provide retirement funds. p. 1-28 1-8 2003 Entities Volume/Solutions Manual c. Encouragement of the farm industry. p. 1-28 d. Justified by social considerations. p. 1-29 e. Social considerations dictate that the tax law will not encourage activities that are contrary to public policy. p. 1-29 27. The encouragement of home ownership is largely a social consideration. However, the equitable aspects of providing the home owner a tax benefit that is not available to one who rents is subject to criticism. pp. 1-29 and 1-30 28. Under the involuntary conversion provision, Wilma can avoid recognizing $115,000 of her $135,000 realized gain. She must recognize $20,000 of gain because $20,000 of the condemnation proceeds were not reinvested in property that is similar or related in service or use. p. 1-30 29. The installment method of recognizing gain on the sale of property allows a taxpayer to spread the tax consequences over the payout period. The harsh effect of taxing all of the gain in the year of sale is thereby avoided. p. 1-31 30. Indexation is provided for various components of the Federal income tax structure (e.g., tax rates and personal exemptions). p. 1-31 31. The Internet Activity research problems require that the student access various sites on the Internet. Thus, each student’s solution likely will vary from that of the others. You should determine the skill and experience levels of the students before making the assignment, coaching them where necessary so as to broaden the scope of the exercise to the entire available electronic world. Make certain that you encourage students to explore all parts of the World Wide Web in this process, including the key tax sites, but also information found through the web sites of newspapers, magazines, businesses, tax professionals, government agencies, political outlets, and so on. They should work with Internet resources other than the Web as well, including newsgroups and other interest-oriented lists. Build interaction into the exercise wherever possible, asking the student to send and receive e-mail in a professional and responsible manner. 32. Although a certain amount of noncompliance can be expected to arise in both forms of taxation, the national sales tax will generate greater opportunity. Since only the ultimate retailer is responsible for collecting the national sales tax, it is more easily circumvented. In the case of a VAT, however, complete avoidance usually requires the collusion of multiple parties. pp. 1-6 and 1-7 BRIDGE DISCIPLINE PROBLEM 1. Answer will vary with each student.