Term
| Legislative tax law source - path to becoming a law |
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1- House ways and means committee 2- House of representatives 3- Senate finance committee 4- Senate (may start here but goes back to step 1) 5- Compromise version 6- President (10 days) |
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| interpretations of the law |
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| elaboration and clarification |
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| complete details of issues |
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| taxpayer requests how the IRS will treat a proposed transaction |
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| how the IRS will treat a given transaction (usually completed or ongoing/recurring) |
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| Technical advice memorandum |
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| issued based on issued raised during an audit |
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| due date for return for corp and partnership |
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| due date for return for estates and trusts |
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| due date for return for exempt orgs |
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| due date for return of transfer taxes |
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| due date for gift tax return |
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| Statutory notice of deficiency |
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| assessment from IRS - demand payment 90 days after notice |
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| Notice and demand for payment |
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| Follows the assessment (statutory notice of deficiency) and you have 30 days to pay once you receive the notice |
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| Small cases division of the US tax court |
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cases < $50,000 no appeal does not set precedent |
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must pay before going to court option to have a jury |
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| US Court of Federal Claims |
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must pay before going to court no jury option |
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| Estimated tax payments: Individuals |
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Definition
Either: 90% of CY taxes 100% of PY taxes (110% if AGI > $150,000) |
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| Estimated tax payments: Corporations |
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-annualized method -seasonal method |
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| Statute of limitations: underpayment of taxes |
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assess within three years of later of: date due or date paid; increases to 6 years of 25% no statute for fraud |
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| Accounting period: C-Corp |
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| calendar year or fiscal year |
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| Accounting period: S-Corp |
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| calendar year unless valid reason |
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| Accounting Period: Personal service corp |
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| calendar year unless valid reason |
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| Accounting period: Partnership |
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| same as majority partners |
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| Accounting Period: Estates |
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| choose fiscal or calendar year |
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| Accounting period: Trusts |
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| Method for accounting for contracts that must be used |
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| Legislative reenactment doctrine |
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| a long-standing finalized regulation presumably has congressional approval if Congress has not amended the relevant section of the IRC |
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| Estimated tax payments: estates |
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| not required to make any estimated payments during the estate's first 2 taxable years |
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| Underpayment of taxes: amount that may be underpaid without penalty |
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| Bad debt accounting for corporations |
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| must use direct charge-off method |
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| Amortization of intangibles for tax purposes |
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| Amortization of intangibles for tax purposes |
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| Users of the uniform capitalization rules |
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| applies to tangible personal property produced by the taxpayer or acquired for resale unless the average annual gross receipts for the last three years were < $10,000,000 |
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| When is interest expense deductible |
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| in the period it accrues, regardless of taxpayer's basis of accounting |
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| Entities that may use the cash method of accounting |
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| not a tax shelter, but a personal service corporation or an entity under the $5million gross receipts test |
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| Refundable security deposits |
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