EA Exam Lite Part 2 Businesses – I 1 Topic 1 Business Income: Special Income Inclusion Rules 2 1A Farmers – Inventory Livestock Raised for Resale – On Sch. F, deduct cost of livestock, but no expenses (already deducted on the cash basis) Accrual Basis - Capitalize feed & breeding fees Crop Method – Defer costs until year income is realized (CCC Loan may report in year received) Ag Assistance Payments – Sch. F (& SE) Inventories – By either (1) cost, (2) LCM, (3) farm-price (mkt. – disposition costs), or (4) unit live-stock (standard unit price by type and age) Question 1 3 1B Farm Disaster and WeatherRelated Payments Crop Insurance and Disaster Pay – income when received, but may elect to postpone to later year if income normally reported then Weather-related sales - Report forced excess livestock/ poultry sales due to drought/flood/ other weather sales in later year when normally sold (must be cash-basis, location eligible for federal government assistance, detailed return attachment) Questions 2 and 3 4 1C Cash Basis Income Cash Basis – Income when received, expenses when paid (subject to cash equivalent, constructive receipt, and claim of right) Normal Accounts Receivable – If unsecured, defer income until actually collected Deposits – No income if obligation to repay (e.g., damage deposits) 5 1D Accrual Basis Income Accrual Method – Income when earned, not when received (but subject to claim of right, constructive receipt, etc.) Condition Precedent – Usually delays reporting of income (such as lawsuit) Condition Subsequent – Does not delay recognition (such as money-back offer) 6 1E Advance Payment Rules Advance Payments – Taxed immediately Exceptions to General Rule – If accrual method: Prepaid Membership Dues (Sec. 456) Prepaid Subscription Income (Sec. 455) Prepaid Services (Rev. Proc. 2004-34 – defer into next year max if also used for financial accounting) Advances for Goods (Reg. Sec. 1.451-1 – defer income until delivery, with 2-year maximum rule) Question 4 7 1F Miscellaneous Inclusion – Debt Forgiveness Debt Cancellation – If personal, may be gift Business Debt – Generally income (except if cash basis and not deducted) unless (1) insolvent, (2) bankrupt, (3) farming (>50% farm receipt for 3 yrs), or (4) qualified business realty held by a non-corporate taxpayer Price for exclusion – Surrender favorable tax attributes (credits, losses) and/or basis reduction Corp debt forgiven – Dividend to S/H S/H Debt Forgiven – Add’l capital cont. by S/H 8 Topic 2 MACRS Cost Recovery Deductions 9 2A MACRS in General Cost Recovery – Only for (1) limited life (2) business or production of income, and only when “ready to use” (placed in service) Converted Personal Property – Initial basis is lesser of cost basis or FMV at conversion Failure to Deduct Depreciation – Still reduces basis (use straight-line if none deducted in past); amended return allowed (also possible to recoup with auto. change of acct’g. method) MACRS – Based on method, recovery pd., & convention 10 2B Class Life and Acquisition Year Assumptions Depreciable cost – includes installation Depr. Methods – MACRS, MACRS SL, ADS, AMT Recovery Table – 200% DB, 150% DB , SL Acquisition Year Assumption – Either: Mid-Year (Half-Year) – Most personalty Mid-Quarter – If >40% personalty in last quarter Mid-Month – All realty Question 5 11 2C Basic MACRS Computations Regular MACRS – Apply table factor to cost; table factor based on MACRS class & convention Table Factors - 1st year, half-year conv. MACRS personalty factor is (1/MACRS life x 2.00 x .50); for mid-qtr, Yr. 1, Qtr. 1 factor is (1/MACRS life x 2.00 x 10.5/12) Like-kind Exchange Property – Depreciate old basis over remaining life of old asset, but any “boot given” is separate “new” depreciable asset Figure 1 12 2D Sec. 179 Deduction Election – Expense up to $125,000 of bus. personalty placed in service during year (bus. percentage use only) Phaseout - $1 for $1 put in service > $500,000 Taxable Income Limit - Unused adds to next yr. Listed Property Recapture – Includes any 179 Like-kind Exch. – Boot given qualifies for 179 Figure 2 Question 6 13 2E S/L MACRS and ADS Elections S/L MACRS – S/L over MACRS life (consistency requirement for the year) Alternative Depreciation System (ADS) – Also elected irrevocably – S/L over class life, except computers & autos (5 yrs), no class life (12 yrs), & realty (40 yrs) Sec. 179 & Conventions – Still apply Question 7 14 2F Listed Property Rules “Listed” Property Rules – Applicable to autos, computers, video, cell phones, and other entertainment equipment Limitation – Use ADS S/L if business use alone does not exceed 50% of total usage Recapture – Applies in a later year if bus. use drops to 50% or below; additional income is (prior deduction – correct ADS) 15 2G Luxury Auto Limitations Luxury Auto Limitations – Applicable to vehicles (passenger) < 6,000 lbs., cost < $15,300 Maximum Depreciation - set at $3,060 (Yr. 1), $4,900 (Yr. 2), $2,850 (Yr. 3), and $1,775 each succeeding year (not for vehicle for hire); higher limits for luxury trucks/vans/SUVs & electric cars Less Than 100% Business Use – Limit decrease same %; 80% bus. use would be $3,060 x .80 Question 8 16 2H Cost Recovery for AMT AMT Cost Required Cost Recovery: Personalty - 150% DB over MACRS life (class life if placed in service prior to 1999) Realty - Straight-line recovery over MACRS life (40 years if placed in service prior to 1999) Difference – Between MACRS and AMT deductions is a + or - adjustment for AMT AMT Recovery – May be used for regular tax as well to eliminate AMT adjustment 17 Topic 3 Business Bad Debt Deductions 18 3A Business vs. Non-business Bad Debt Determinations Bad Debt – Must be bona fide and possess characteristics of outside loan- family gift? Cash-Basis Lender – No deduction for bad debts (no basis, since no income reported), but any out-of-pocket expenses are deductible Business Bad Debts – Must have business relationship; investor status does not qualify (unless taxpayer is also an employee who made loan to protect livelihood) 19 3B Reporting Bad Debts Business Bad Debt – Must use direct write-off method (evidence debt is bad); an ordinary deduction, and any evidence of partial worthlessness justifies deduction Nonbusiness Bad Debt – Deductible only when final determination is made, and is deducted as a short-term capital loss Question 9 20 3C Recoveries of Bad Debts Tax Benefit Rule – Applies to recoveries (“other income” if tax benefit from earlier deduction) Installment Note – If recovered, full amount of note is reported as income Tax Benefit – Includes any NOL carryover benefit (used or still unexpired) generated by original deduction Question 10 21 Topic 4 Tax-Deferred Exchanges 22 4A Qualifying Like-Kind Exchanges (Sec. 1031) Qualifying Property – Either (1) used in a trade or bus. or (2) held for production of income Swaps – Across categories are allowed Personalty – Must be “like class” (general asset classification) or “like kind” (facts/circumstance) Intangibles – Qualify if similar (but not goodwill) Nonqualifying Transactions – Personalty for realty, inventory, personal assets, stocks & securities, partnership interests 23 4B Deferred Like-Kind Exchanges Delayed Exchanges – Possible within limits Requirements for a Delayed Exchange – 45 Days – Identify replacement property 180 Days – Deliver replacement (return due date, if earlier) Multiple Properties – May be used Qualified Intermediaries – May be used, as long as constructive receipt by either party not possible (otherwise, treated as sale) 24 4C Like-Kind Gain or Loss Computation Solely Like-Kind – No gain/loss, c/o of basis Monetary Boot Given – No gain or loss Nonmonetary Boot Given – Gain or loss on boot given only (as if boot was first sold for FMV) Any Boot Received – No loss, gain is lesser of (1) realized (acct) gain or (2) boot received (exp. offset) Expenses of Sale – May offset boot rec’d first Liabilities – If assumed by TP, boot given; if assumed by other party, boot received (net if both directions) Holding Period – Of old property tacks to new Question 11 25 4D Basis of Like-Kind Property Received – Method 1 Method 1 – Work with Basis of Old: Adjusted Basis – Old Like-kind Property + Gain Recognized + Boot Given - Loss Recognized (e.g., nonmonetary boot) - Boot Received = Basis of New Like-kind Property 26 4E Basis of Like-Kind Property Received – Method 2 Method 2 – Work with FMV of New Like-kind property received: FMV of New Property + Loss not Recognized (Deferred/Postponed*) - Gain Not Recognized (Deferred/Postponed*) = Adjusted Basis – New Like-kind Property *Deferred Gain/Loss – Acct’g – Taxable Figure 3 Question 12 27 4F Like-Kind Exchanges – Special Rules Related Party Exchanges – If either party sells property w/i 2 years, original exchange taxable Corporate Reorganizations – Stock for stock, or bonds for bonds nontaxable; taxable if (1) boot received (non-stock, non-security) or (2) bonds received exceed bonds surrendered Marital Transfers – Nontaxable between spouses Reinvestments in Qualified Small Bus. Stock – Gain from sale of publicly-held securities limited to amount not reinvested in QSBICs 28 4G Involuntary Conversions – Gain or Loss Sec. 1033 – Election to defer gain only (loss is usually deductible) Involuntary Conversion – Casualty, theft, destruction, condemnation (or threat thereof) Qualified Replacement Property – Functional use test if owner/user, only other income-producing property if owner/lessor Qualified Replacement Period – Up to 2 years after end of year gain first recognized 29 4H Involuntary Conversions – Sec. 1033 Gain or Loss If Qualified – Taxable gain limited to insurance proceeds NOT reinvested in qualified replacement Condemned Business or Investment Realty – Replacement property need only be “like-kind”, extended replacement pd. Holding Period – Of old property tacks to new property 30 4I Involuntary Conversions – Basis of Replacement Property Basis of Replacement – Essentially uses Method 2 for like-kind exchanges Basis = FMV new – Gain not recognized Gain Not Recognized = Acct’g. Gain – Taxable Gain Figure 4 31 Topic 5 Sec. 1231 Gains & Losses 32 5A Sec. 1231 Properties Defined Definition – Gains (losses) from the sale or exchange of property used in a business and held on long-term basis; also includes any involuntary conversion of business properties Extended Definition - Includes cutting of timber, mining of coal and iron ore, livestock used productively in business, crops sold with land Note – Sec. 1231 property is never a capital asset, and if held one year or less, result is ordinary income or loss Question 13 33 5B Netting Sec. 1231 Gains & Losses “Best” Netting – At the end of the year, all Sec. 1231 property gains and losses are netted, with the net result receiving the “best of both tax worlds” treatment: Net gain – treated as a long-term capital gain Net loss – each treated as ordinary income or loss Note – If net gain for individuals, gains must be separated into 15%, 25% and 28% categories Figures 5 and 6 34 5C Sec. 1231 Lookback Recapture Recapture Rule – Designed to prevent taxpayers from loading all gains in one year and all losses in a different year (for best of both worlds each) If Current-Year Result is Net Gain – Gain is ordinary income to extent of any unrecaptured net Sec. 1231 losses in past 5 years Remaining Gain – Is Sec. 1231 gain 35 Topic 6 Depreciation Recaptures 36 6A Sec. 1245 Property Defined Definition – Three characteristics: Depreciable personalty Held on a long-term basis Sold at a gain Included Assets – Ballplayer contracts, autos, room air conditioners, greenhouses Excluded Assets – Elevators & escalators 37 6B Sec. 1245 Computations Tax Result – Gain on sale ordinary income to extent of depreciation taken on property Gain Exceeding Depr – Sec. 1231 gain If Sold at a Loss – Sec. 1231 loss Sec. 179 Deduction – Treated as depreciation 1245 Rule – Also applies to limited realty (ACRS realty with accelerated recovery – see next) Figure 7 Question 14 38 6C Sec. 1250 Property Defined Definition – Four characteristics: Depreciable personalty Held on a long-term basis Sold at a gain Property on which “excess depreciation” exists Excess Depr – Total taken exceeding SL MACRS Realty – Not subject to Sec. 1250, since only SL recovery is allowed 39 6D Sec. 1250 Computations General Rule – 100% of “excess depreciation” recaptured as ordinary income Exceptions to General Rule – ACRS Nonresidential – 100% of total depreciation MACRS Realty – None (no excess depreciation) 25% Rate for Individuals – Possible for “unrecaptured Sec. 1250 gain (see slide 6F) Figure 8 Question 15 40 6E Special Recapture Rules Installment Sale – All recapture in year of sale Nontaxable Exchange – Gain due to boot rec’d ordinary if recapture on a sale at FMV would be Charitable Contribution – Ordinary income property; reduce deduction by recapture Carryover of Recapture Potential – With gifts (statement required), like-kind exchange, or involuntary conversion Question 16 41 6F Sec. 291 Recapture (Corp) & 25% Rate Gain (Individual) Gain assuming 1245 Actual 1250 gain 25% Gain (IND) $100,000 ( 20,000) $ 80,000 * x .20 Sec. 291 Gain (CORP) $ 16,000 ==== * Termed “Unrecaptured Sec. 1250 Gain” 42 Topic 7 Self-employed Taxes, Estimated Taxes, and Special Tax Computations 43 7A Self-Employment Earnings Defined SE Earnings – Income on Sch. C, income share + guaranteed payments for unlimited partner; Board of Director fees, clergy, newspaper, real estate agents, agricultural assistance payments SE Tax – SE inc. $400, church employee $100 Independent Contractor – Not subject to SE tax; controls what will be done & how it will be done Statutory employees – Driver, employee (Sch C) Question 17 44 7B Determining Self-Employed Earnings SE Tax - SS = 12.4% of first $97,500 wages (or SE income x .9235, if less) SE TAX – MC = 2.9% x SE inc. x .9235 Partner Death – Allocate income to death Optional Method – If SE income < $1,600 and < 2/3’s non-farm income, report the 2/3’s nonfarm up to $1,600 as SE income Farmers – Similar method, but use $2,400 Required for Opt. - $400 SE income prior 2 yrs. Question 18 45 7C Federal Unemployment Taxes & Other Payroll Taxes FICA Taxes – Employer match - 6.2% on first $97,500 (SS), 1.45% on all wages (MC) EI Number – Require only with employees FUTA Tax – 6.2% on first $7,000 wages (credit) Wages to Spouse – All taxes but FUTA Wages to Children – FUTA if <21, none if <18 Farmers – Pay FUTA if (1) $20,000 or more wages in a qtr, or (2) 10 workers for at least 1 day for 20 weeks 46 7D Estimated Taxes and Farm/Fishing Income Basic Rules – Special rules if 2/3s income from farm or fishing Avoid Penalty – If each qtr. pay = (1) 66 2/3s of current year tax or (2) 100% of prior year tax Alternative Exemption From Penalty – Either (1) make one estimated payment by 1/15 & file by 4/15, or (2) file return & pay all tax due by 3/1 Farm Income – Sch. F, Sch. E farm rents, gains for sale Question 19 47 7E Income Averaging for Farmers & Fishermen Averaging – Only for Sch. F profit by individuals, partners, and S shareholders Election – Timely-filed return (Schedule J), unless IRS allows to amend earlier return Elective Farm & Fishing Income – Elect to remove any amount from current income, add 1/3 to each 3 prior years’ incomes, then add marginal taxes to current-year tax 48 Topic 8 Partnerships: Tax Issues at Formation Under Sec. 721 49 8A Partnerships – Legal Formalities Definition – Unincorporated group of two or more persons carrying on a business for profit Co-ownership Sharing Expenses – Not a p’ship, unless significant services provided Not a P’ship – Corp under state law, ins. co., certain banks, tax-exempt, REIT, trust Inv. Orgs – All members may opt out p/s Electronic Return – If partners >100 Conversion to LLC – Not a liquidation of old 50 8B Partnerships – Family Members as Partners Family Members – May be partners if: Capital is material income-producing factor, and interest acquired in bona fide transaction, or Family members join together in good faith, each provides capital or service to p’ship Capital Interest – Is an interest in assets Gift Interest (Including Related Sale) – Any compensation allocated before income 51 8C Partnerships – The Partnership Agreement Partnership Agreement – Need not be in writing Modifications – May be made up to due date of return (ignoring extensions) Local Law – Governs if agreement silent Flexibility – In allocating profits/losses, as long as “substantial economic effect” 52 8D Contributions to P’ship – No Liabilities Involved Sec. 721 – No gain/loss if solely for p’ship int. Basis & Holding Pd. – Carries over from property to new partnership interests Contribution of Services – Always taxable, and amount becomes basis of partnership interest Boot Received – Fully taxable transaction - later transfer to partner may be collapsed Investment Co. – If p’ship has >80% assets as inv (like corp), gain on contribution is recognized Question 20 53 8E Contributions to P’ship With Liabilities Involved Liabilities Assumed by P’ship – Not treated as boot received by partner as long as shares assumed by other partners < basis Liabilities Assumed – Affect basis (below) Excess Liabilities – Gain for excess (above) Limit on Liability Assumption – FMV prop. Question 21 54 8F Basis of Partnership Interest Adj. Basis – Partnership Interest = Adj. basis of property transferred + gain recognized (from excess liabilities) – boot rec’d (liabilities assumed by other partners) If Only One Partner Liable – Add the liability only to that partner’s basis Question 22 55 8G Basis of Contributed Property to Partnership Partnership Basis in Property = Adjusted basis to contributing partner + gain recognized due to excess liabilities Cost Recovery Method – P’ship continues with method used by contributing partner Distribution of Contributed Property – To another partner within 7 yrs. may create gain Figure 9 Question 23 56 Topic 9 Reporting Partnership Income & Guaranteed Payments 57 9A Ordinary Partnership Income vs. Special Allocations Partner – Reports guaranteed payments (w/o regard to profitability) and share of ordinary income items and “specially allocated items” Ordinary Income (OI) – Any rev/exp that cannot vary across partners’ ind. returns, including a subtraction for guaranteed payments Specially Allocated Items – Any rev/exp that can vary across partner’s individual return Nonguaranteed Payments – Nontaxable Distrib. Question 24 58 9B Partner Reporting of Partnership Income Profits & Losses – Allocated per partnership agreement (or interest, if no agreement) Conduit – Character of each item retained Passive Loss – Retains character, combine Sec. 179 – Combine with TP’s other 179 items Schedule E – Used to report income/GPs Acct’g Methods – Some determined at partner level if item is treated differently Question 25 59 9C Character of Partnership Income or Loss Capital Assets and Inventory – In hands of contributing partner, retain that character for five years in the partnership’s hands Limit on Capital Loss – Limited to excess of contributing partner’s basis over FMV of property at contribution 60 9D Determining Partnership Guaranteed Payment Deduction Guaranteed Payment (GP) – Determined w/o reference to profits, deductible by partnership, and allocated directly to partner receiving the GP (subject to SE tax) Regular Ordinary Income – Allocated to partners after deduction for any guaranteed payments Minimum GP – If income share is < GP, deficiency is a GP (if not, no GP is needed) Question 26 61 9E Timing of Guaranteed Payment Income/Deduction Partner Income Share – Report for the partnership year ending within the partner’s individual tax year Guaranteed Payments – Same reporting Beware – Changes in GPs during calendar year that are not relevant to question Question 27 62 Topic 10 Partnership Distributions and Sales of Partnership Interest 63 10A Nonliquidating P’ship Distribution – General Rules Gain – Gain recognized only if money (cash or marketable securities) alone exceeds partner’s basis of interest (reason: no basis left to assign) Loss – Never recognized with a nonliquidating distribution 64 10B Nonliquidating P’ship Distributions – Basis Issues General Rule – Partnership basis in distributed assets carries over to partner If P’ship Basis Exceeds Partner’s Basis – Basis of property received will be basis of partner’s interest (after any cash rec’d is subtracted) Several Properties Received – If total basis exceeds partner’s basis, allocate remaining partner’s basis by relative FMVs Question 28 65 10C Pre-contribution Gain Taxed to Contributing Partner Partner Contributing Appreciated Property – Must recognize gain on any distribution of that property by partnership to any partner within 7 years of the contribution Gain Recognized – The lesser of: FMV property received > Adj. basis of interest Net “precontribution” gain on original transfer Question 29 66 10D – Liquidating P’ship Distributions – General Rules Liquidating Distribution – Terminates interest Entire P’ship Liquidated – Gain only if money (cash + mkt. sec.) exceeds basis; Loss only if (1) partner’s basis > distrib., (2) entire interest liquidated, (3) distribution only in money, unrealized receivables (below), or inventory Retiring or Deceased Partner – Allocate: Payments for Interest – Capital gain (loss) Other – Excess payments (GP or inc. share - ordinary) Question 30 67 10E Liquidating Distribution – Effect on Partnership No gain or loss – Recognized by p’ship with a liquidating distribution Retiring or Deceased Partner – Tax treatment of payment by the partnership: Payments for Interest – Nondeductible distrib. Other – Payments for unrealized receivables or goodwill are deductible as other payments 68 10F Liquidating P’ship Distributions – Gain (Loss) to Partner Partner Share of Liabilities –Included in amount realized with a liquidating distribution (since also in partner’s basis) Liabilities Share – Treated as cash Payments in Installments – No tax consequences until cash rec’d > basis 69 10G Liquidating Partnership Distrib. – Basis of Property Received Property Basis – Usually, basis – money rec’d. Unrealized Rec. & Inventory – Allocated basis equal to partnership basis first (“tacking”) Remaining Basis – Allocated to properties, based on each prop’s adjusted basis to p’ship If Excess Basis Remains – Allocate to appreciated property first, then other @ FMVs If Not Enough Basis – Subtract from depreciated properties first, then from other on adj. basis Question 31 70 10H Sale of a Partnership Interest – General Consequences Gain or Loss – Generally capital unless sale involves inventory or unrealized receivables Liabilities Share – Included in both amount realized and adjusted basis for selling partner Adjusted Basis – Determined on sale date Possible – Installment method sale, basis adj. Not Possible – Like-kind exchange Abandonment of Interest – Ordinary loss 71 10I Sale of P’ship Interest Without Sec. 751 Properties Gain or Loss – Must be capital without Sec. 751 properties; interest is cap. asset Liabilities Share of Selling Partner – Are assumed by buying partner; thus, these must be part of amount realized Question 32 72 10J Sale of P’ship Interest With Sec. 751 Properties Ordinary Income – Must be reported for any gain on “Sec. 751 properties” Sec. 751 Prop - Inventory & unreal receivables Unrealize Rec. – Right to receive noncapital asset, acc’t rec. of cash-basis, depr. recap. Inventory – Not capital or Sec. 1231 gain Disclosure – Form 8308, details included Sec. 751 Gain – Determined first (based on FMV – partner’s % basis), remainder capital gain/loss Question 33 73 Questions? As Time Permits Contact: John Everett Professor of Accounting Virginia Commonwealth University jeverett@vcu.edu 74