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Tax Midterm 1
Nixon's Tax Midterm
85
Accounting
Undergraduate 4
03/19/2012

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Term
Tax
Definition
payment required by a government agency that is unrelated to any specific benefit or service received from the government agency
Term
Marginal Tax Rate
Definition
The tax rate that applies to the next additional increment of a taxpayer's taxable income
Term
Average Tax Rate
Definition
the taxpayer's average level of taxation on each dollar of taxable income
Term
Effective Tax Rate
Definition
the taxpayer's average rate of taxation on each dollar of total income(both taxable and non taxable)
Term
Proportional Tax Rate(Flat Tax)
Definition
imposes a constant tax rate throughout the tax base
Term
Progressive Tax Rate
Definition
Imposes an increasing marginal tax rate as the tax base increases
Term
Regressive Tax Rate
Definition
Imposes a decreasing marginal tax rate as the tax base increases.
Term
Estate and Gift Taxes
Definition
levied on the fair market values of wealth transfers upon death or by gift
Term
Property Taxes
Definition
are ad valorem, on real property and personal property taxes
Term
Ad Valorem Taxes
Definition
the tax base for each is the fair market value of the property
Term
State and Local Taxes
Definition
Income Taxes, Excise Taxes
Term
Implicit Taxes
Definition
Indirect tax that results from a tax advantage the government grants to certain transactions. Defined as the reduced before-tax return that a tax-favored asset produces because of its tax advantages status
Term
Sufficiency evaluation
Definition
involves assessing the aggregate size of the tax revenues that must be generated and making sure that the tax system provides these revenues
Term
Equity evaluation
Definition
How the tax burden should be distributed across taxpayers
Term
Certainty evaluation
Definition
Means that taxpayers should be able to determine when to pay the tax, where to pay the tax, and how to determine the tax
Term
Convenience Evaluation
Definition
tax system should be designed to be collected without undue hardship to the taxpayer
Term
Economy evaluation
Definition
should minimize the compliance and administration costs associated with the tax system
Term
Horizontal Equity
Definition
two taxpayers in similar situations pay the same tax
Term
Vertical Equity
Definition
taxpayers with greater ability to pay tax, pay more tax relative to taxpayers
Term
Statute of Limitations
Definition
the time in which the taxpayer can file an amended return or the IRS can assess a tax deficiency- generally 3 years.
Term
6 year rule
Definition
understate gross income by 25%
Term
Correspondence Examination
Definition
most common audit, conducted by mail and are generally limited to 1 or 2 items on the return
Term
Office Examinations
Definition
second most common audit, conducted in the local IRS office and tends to be broader in scope
Term
Field Examinations
Definition
Least common audit, held at the taxpayer's place of business and can last months to years
Term
Tax Court
Definition
National Court, do not pay tax 1st
Term
US district court
Definition
Local court, possible jury trial, generalists, pay tax 1st
Term
US Court of Federal Claims
Definition
National Court, Generalists, pay tax 1st, appeals to US circuit court of appeals for the Federal Circuit
Term
Civil Penalties
Definition
most common type of penalties, generally in monetary penalties, imposed when tax practitioners or taxpayers violate tax statutes without reasonable cause
Term
Criminal Penalties
Definition
much less common than civil penalties, penalties are much higher and can include prison sentences
Term
Excluded Income
Definition
Income never included in taxable income, including municipal bond interest, or gain on sale of personal residence
Term
Deferred Income
Definition
Income included in a subsequent tax year, includes installment sales and like-kind exchanges
Term
Deductions for AGI
Definition
Deductions "above the line", deducted in determining adjusted gross income, and always reduce taxable income dollar for dollar
Term
Deductions from AGI
Definition
"below the line", Deducted from adjusted gross income to determine taxable income, greater of standard deduction or itemized deduction(schedule A)
Term
Tax Calculation
Definition
US uses a progressive tax rate schedule, and some items are taxed at preferential rates(long term capital gains, qualified dividends)
Term
Tax Credits
Definition
reduce tax liability dollar for dollar
Term
Tax Prepayments
Definition
payments already made towards tax liability including: income taxes withheld from wages by employer, estimated tax payments during the year and taxes over paid in prior years
Term
Dependency Requirements
Definition
Resident of US, Canada, or Mexico, must not file joint return with spouse and must be qualifying child or qualifying relative
Term
Qualifying child
Definition
must adhere to four tests: relationship, age, residence and support tests
Term
Relationship Test(Child)
Definition
Taxpayer's son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister or a descendant of any of these relatives
Term
Age Test(Child)
Definition
Must be younger than individual claiming child and either- under the age of 19 at end of year, under the age of 24 and full time student or permanently and totally disabled
Term
Residence Test(Child)
Definition
Same residence as taxpayer for more than half the year
Term
Support Test(Child)
Definition
Child must not provide more than half of his or her own support, scholarships of actual child are excluded
Term
Qualifying Relative
Definition
Must satisfy three tests: Relationship, Support and Gross income test
Term
Relationship Test(Relative)
Definition
descendant or ancestor of the taxpayer, sibling of the taxpayer or a stepmother, stepfather, stepbrother, stepsister, nephew, niece, aunt, uncle, in-law or an unrelated person who lives in taxpayer's home entire year
Term
Support Test(Relative)
Definition
Taxpayers must pay greater than 1/2 of living expenses
Term
Gross Income Test(Relative
Definition
Their gross income must be less than the personal exemption amount, $3700
Term
Qualifying widow or widower
Definition
available for the two years following year of spouse's death, surviving spouse does not qualify if remarries during two-year period, surviving spouse must maintain household or dependent child
Term
What is included in gross income
Definition
Increase in fair market value of an asset, taxpayer engages in a transaction with another party, transaction results in a measurable change in property rights, Gain from the sale or disposition of an asset is included in realized income.
Term
Tax Basis
Definition
the cost of an asset
Term
Return of Capital
Definition
the tax basis is excluded when calculating realized income because it does not represent an economic benefit
Term
Tax Benefit Rule
Definition
Refunds of expenditures deducted in a prior year are included in gross income to the extent that the refund reduced taxes in the year of deduction.
Term
Cash Method
Definition
taxpayer must realize and recognize income when it is actually or constructively received. Deemed to occur when income is credited to the taxpayers account
Term
Income from Flow-through Entities
Definition
Individuals may invest in various business entities. if the entity is a flow-through entity such as a partnership or S corp, the income and deductions of the entity"flow through" to the owners of the entity(partners or shareholders)
Term
Imputed Income
Definition
Certain employee discounts or low interest loans generate income via indirect benefits. For low interest loans, the amount of imputed income is the difference between the amount of interest using the applicable federal interest rate and the amount of interest the taxpayer actually pays, does not apply to loans of 10000 or less
Term
Discharge of Indebtedness
Definition
When taxpayer's debt is forgiven by a lender, the taxpayer must include in gross income
Term
Tax relief for insolvent taxpayers
Definition
taxpayers with liabilities exceeding their assets a discharge of indebtedness is not taxable, however is discharge makes taxpayer solvent, then they must recognize income to the extent of their solvency.
Term
Municipal Interest
Definition
State and local Bonds are excludable and recognized as a subsidy to state and local governments- Implicit Tax
Term
Fringe Benefits
Definition
Value of benefits is included in the employee's gross income as compensation for services.
Term
Qualifying Fringe Benefits
Definition
common qualifying fringe benefits are medical and dental health insurance, life insurance and small benefits are excluded from gross income
Term
Nontaxable Fringe Benefits
Definition
group term life insurance, health and accidental insurance, meals and lodging for convenience of employer, employee educational assistance, and dependent care benefits.
Term
Foreign Earned Income
Definition
A maximum of 95100 of foreign earned income can be excluded from gross income for qualifying individuals.
Term
Workers Compensation
Definition
payments from workers' compensation plans are excluded from gross income
Term
Payments associated with Personal Injury
Definition
awards that relate to physical injury or sickness are excluded from gross income. non-physical injury and punitive damages are fully taxable
Term
Trade or Business Expenses
Definition
directly connected to the business activity, ordinary and necessary for the activity, and reasonable in amount
Term
Rental and Royalty Expenses
Definition
Could either be an investment activity or a trade activity depending on facts
Term
Flow through entities(For AGI)
Definition
Expenses and losses incurred by a flow-through entity pass through the entity owners who typically report these amounts on Schedule E and line 17.
Term
Losses
Definition
Taxpayers disposing of trade or business assets at a loss are allowed to deduct the loss for AGI. A net capital loss is deducted for AGI but limited to $3000. Losses in excess of $3000 limit are carried forward indefinitely to subsequent years
Term
Deductions indirectly related to Business Activities- Moving Expenses
Definition
are deductible for AGI if the move meets two tests: a distance test and a business test associated with the move
Term
Moving-Distance Test
Definition
the new job site must extend existing commute by 50 Miles.
Term
Moving-Business Test
Definition
taxpayer must be employed at least 39 of 52 weeks or be self-employed for 78 of the 104 weeks following the move.
Term
Health Insurance deductions by Self-Employed Taxpayers
Definition
Deduction provides equity with employees who receive health insurance as a qualified fringe benefit.
Term
Penalty for early withdrawals of savings
Definition
Reduces the taxpayer's net interest income to the amount actually received
Term
Retirement Account
Definition
Deductibe for AGI to encourage savings
Term
Interest expense on qualified educational loans
Definition
deductible up to $2500- phaseout
Term
Qualified educations expenses
Definition
extended into 2010, deductible for a max of $4000- phaseout
Term
Medical Expenses(From AGI)
Definition
Taxpayers may deduct medical expenses incurred to treat themselves, their spouse, and their dependents. Qualified medical expenses include unreimbursed payments for care, prevention, diagnosis or cure of injury, disease or bodily function. It is limited to the amount of unreimbursed qualifying medical expenses paid during the year which is reduced by 7.5% of the taxpayers AGI.
Term
Hospital and Long-term care facilities(From AGI)
Definition
Taxpayers may deduct the costs of actual medical care whether the care is provided at hospitals or other long-term care facilities
Term
Taxes(From AGI)
Definition
Individuals may deduct itemized deductions payments for following taxes: state, local, and foreign income taxes, real estate taxes on property held for personal or investment purposes
Term
Sales Tax Deduction
Definition
State and local sales taxes can be deducted in lieu of state and local income taxes
Term
Interest Deduction(Itemized Deduction)
Definition
Deduction of investment interest is limited to a taxpayer's net investment income, any excess is a carry forward to the subsequent year
Term
Home mortgage interest(Itemized Deduction)
Definition
Interest on acquisition indebtedness of $1 Million, and Interest on home equity debt of $100K
Term
Charitable Contributions
Definition
Contribution of money or property must be made to a qualified charity. For property , limitation of 50% of contribution, or limitation to the 30% contribution is the lesser of AGI X 30% or AGI X 50% minus the amount of contributions deducted in step 1
Term
Casualty and Theft losses
Definition
The amount of the tax loss from any specific casualty event(including theft) is the lesser of: decline in value of the property caused by the casualty or taxpayer's tax basis in the damaged or stolen asset.
Term
Casualty loss floor limitations
Definition
must exceed two separate floor limitations: $100 for each casualty during the year and 10% of AGI floor limit applied to the sum of all casualty losses for the year.
Term
Miscelleaneous Deduction
Definition
Employee Business Expenses, Investment expenses, tax prep fees, Hobby losses, total miscelleneous itemized deductions are subject to a 2% of AGI floor limit
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