...CHAPTERS SEVEN & EIGHT - CAPITAL GAINS: AN INTRODUCTION (Div B, Subdiv c , S38-55) HISTORY Prior to 1972 capital gains were not taxed in Canada and capital losses could not be claimed. The portion (inclusion rate) of a capital gain or loss which is taxable/deductible has changed since then. [calendar 1972 to 1987 => 50%; calendar 1988 to 1989 => 66.67%; calendar 1990 to Feb 27, 2000 => 75%; Feb 28 to Oct 17, 2000 => 66.67%; Oct 18, 2000 to present => 50%] Since 1972, each disposition of capital property requires a separate calculation of taxable capital gain or allowable capital loss. Section 3(b) requires that allowable capital losses be offset against taxable capital gains, except as discussed below for PUP (including LPP) and ABILs. If the net result of all current year capital dispositions is a taxable capital gain, this amount is included in Division B income. If the net result is an allowable capital loss, this amount is not deductible currently since allowable capital losses can ONLY BE DEDUCTED AGAINST taxable capital gains. (A net allowable capital loss for the current year can be carried over to other years under Division C, as will be discussed in chapter 10.) ABILs Allowable Business Investment Losses are effectively allowable capital losses, resulting from the disposition of shares or debt of Small Business Corporations (CCPCs carrying on Active Business), which are deductible against any type of income. (ie not restricted to capital gains.) As such they are...
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...Income Tax Law Assessment Two Question One - Capital Gains Tax The CGT consequences for the year 2006/2007 for Cynthia are as follows: Firstly, in January 2007 Cynthia incurs a CGT event A1, by selling her house. As the original acquisition of the house was contracted in November 1999, (s. 104-10(3b) if there is no contract, then when the change of ownership occurs.). The discount method can be used to form the cost base and the indexation method will be disallowed as this is only available for assets acquired before 21 September 1999. With this in mind the gain/loss will be calculated by: Capital proceeds from this event: Sale of house 600,000 Take over of loan 10,000 610,000 Cost base: Acquisition cost 450,000 Incidental acquisition costs 20,000 Capital enhancement expenditure 10,000 Council rates 1,200 481,200 Capital Gain 128,800 Then you take 50% of this nominal gain of 128,800 to calculate the capital gain figure that will be included in your tax, which becomes: 128,800/2 = 64,400 The $10,000 loan which the purchaser has agreed to take on becomes part of the capital proceeds under s116-55. Acquisition costs are at market value, of the time the acquisition took place in this case it was $450,000 as in s116-30(1) which states if you are given a CGT asset that you are taken to have received it at market value. The stamp...
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...Capital Gains A majority of people in America can hardly imagine an existence without capitalism; individuals consume without a thought when we buy the latest cell phone or a new pair of hundred dollar designer jeans. It is clear that most of the world supports some form of capitalism and therefore, at least for now, capitalism has won the struggle between economic systems. Capitalism began in 1200 CE with rug merchants. Just like many traders, today, the rug merchants had to borrow money to buy their wares in order to then resell them for profit, but they had to pay back the money borrowed—usually with interest. This was called mercantile capitalism and it was a global phenomenon, from the Indian and Chinese Ocean trade to Muslim merchants who funded trade caravanserai across the Sahara. Later, merchants in Britain had expanded capitalism by developing stock companies which financed even bigger trade missions. Increased wealth of course resulted by the increased investment, but it only affected as small percentage of the population and did not create cultural influence from capitalism. Mercantile capitalism only affected a small percentage of the population, whereas industrial capitalism impacted majority of the population. Industrial capitalism was something altogether different, both in practice and scale. According to Joyce Appleby’s definition of industrial capitalism: “An economic system that relies on investment of capital in machines and technology that are used...
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...that directly benefit the public, rather than for grant making. Some examples would be zoos, museums and libraries. Private non-operating foundations are foundations whose income or assets are disbursed to other, charitable organizations. Some examples are foundations that support cancer research. For this topic: Contribution base means adjusted gross income (AGI). For this topic: Capital gain property is defined as any capital asset that, if sold, would result in a long-term capital gain. Additionally, any property that is used in the trade or business should be treated as a capital asset. Analysis: IRC 170(a)(1) states: There shall be allowed as a deduction any charitable contribution…which is made within the taxable year. In general, an income tax deduction is subject to limitations, depending on the type of taxpayer, what was donated, and the donee organization. IRC 170(b)(1)(A) Charities - Public Charities, Private Operating Foundations and Some Governmental Units In general, aggregate contributions by an individual of property other than appreciated capital gain property to a public charity or...
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...$245,000. Compute the Federal income tax liability on BC’s income for the current year under the following assumptions: a. BC is operated as a proprietorship, and the owner withdraws $100,000 for personal use. b. BC is operated as a corporation, pays out $100,000 as salary, and pays no dividends to its shareholder. c. BC is operated as a corporation and pays out no salary or dividends to its shareholder. d. BC is operated as a corporation, pays out $100,000 as salary to its shareholder, and pays out the remainder of its earnings as dividends. 17-30. Virginia owns 100% of Goshawk Company. In the current year, Goshawk Company sells a capital asset (held for three years) at a loss of $40,000. In addition, Goshawk has a short-term capital gain of $18,000 and net operating income of $90,000 during the year. Virginia has no recognized capital gain (or loss) before considering her ownership in Goshawk. How...
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...Form Department of the Treasury Internal Revenue Service A Check if: 1a Consolidated return (attach Form 851) . b Life/nonlife consolidated return . . . 2 Personal holding co. (attach Sch. PH) . . 1120 U.S. Corporation Income Tax Return For calendar year 2011 or tax year beginning Name OMB No. 1545-0123 , 2011, ending , 20 See separate instructions. 2011 Falcon Machinery Corp. B Employer identification number TYPE OR PRINT 35-0816302 C Date incorporated Number, street, and room or suite no. If a P.O. box, see instructions. 271 East Beaumont Street City or town, state, and ZIP code 07/01/1998 D Total assets (see instructions) 3 Personal service corp. (see instructions) . . 4 Schedule M-3 attached Chicago, Illinois 60612 E Check if: (1) Initial return (2) Final return (3) Name change $ (4) Address change 1a b c d e Income Merchant card and third-party payments. For 2011, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1a 1b 1c 1d . . . . . . . . . . . . . Gross receipts or sales not reported on line 1a (see instructions) . . Total. Add lines 1a and 1b . . . . . . . . . . . . . Returns and allowances plus any other adjustments (see instructions) Subtract line 1d from line 1c . . . . . . . . . . . Cost of goods sold from Form 1125-A, line 8 (attach Form 1125-A) Gross profit. Subtract line 2 from line 1e . . . . . . . . Dividends...
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...Keller Graduate School of Management AC551 Federal Taxes and Decisions Final Exam – Professor Abner TRUE-FALSE QUESTIONS—CHAPTER 10 1. Terry Trumbull purchased a tract of land. In order to have city water, he had to pay the water company $5,000 to extend the water line to his property. The $5,000 cost is an addition to the basis of the land. TRUE 2. When property that is subject to an existing debt is purchased, the basis of the property is the amount of cash paid initially plus the unpaid debt to which the property is subject. TRUE 3. The basis for nonbusiness property changed to business use is the greater of the adjusted basis of the property or its fair market value on the date it is converted to business use. FALSE 4. During 2011, Carl Crofts received a gift of property having a fair market value of $25,000 at the time of the gift. The donor’s adjusted basis in the property at the time of the gift was $21,000. The donor paid a gift tax of $700 on the property. Carl’s basis in the property is $21,700. FALSE 5. In 2011, Tom Turner received a gift of property that had a fair market value of $10,000 at the time of the gift. The donor’s adjusted basis in the property at the time of the gift was $12,000. Tom’s basis for computing depreciation is $12,000. TRUE MULTIPLE CHOICE QUESTIONS—CHAPTER 10 36. Leonard Lambert’s commercial building, which had an adjusted basis of $500,000, was partially destroyed by fire. The fair market value was $800,000 just...
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...1. Tomas owns a sole proprietorship, and Lucy is the sole shareholder of a C corporation. In the current year both businesses make a net profit of $60,000. Neither business distributes any funds to the owners in the year. For the current year, Tomas must report $60,000 of income on his individual tax return, but Lucy is not required to report any income from the corporation on her individual tax return. | a. | True | | b. | False | ANSWER: | True | RATIONALE: | Proprietorship profits flow through to the owner and are reported on the owner’s individual income tax return. It does not matter how much of the profit is withdrawn from the proprietorship. Thus, Tomas must report the net profit of $60,000 on his Form 1040 (Schedule C). Shareholders are required to report income from a C corporation only to the extent of dividends received. Consequently, Lucy has no income to report from the corporation for the current year. | POINTS: | 1 | DIFFICULTY: | Easy | LEARNING OBJECTIVES: | SCPE.HRMY.15.LO: 17-01 - LO: 17-01 | NATIONAL STANDARDS: | United States - BUSPORG: Analytic | STATE STANDARDS: | United States - AK - AICPA: FN-Reporting | KEYWORDS: | Bloom's: Application | OTHER: | Time: 2 min. | | 2. Carol and Candace are equal partners in Peach Partnership. In the current year, Peach had a net profit of $75,000 ($250,000 gross income – $175,000 operating expenses) and distributed $25,000 to each partner. Peach must pay tax on $75,000 of...
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...1. Communication technologies are far from equivalent. A recent study comparing honesty across a range of different media revealed that people were twice likely to tell lies when using the phone than when communicating via e-mail. It had previously been assumed that people would be more inclined to fabricate the truth when using e-mail, due to the remoteness of the interaction making people more comfortable about deceiving others. On the contrary, it seems that anxiety over the accountability afforded by the recording of e-mail exchanges induces greater truthfulness. However, the research also noted that people are much more likely to be rude or insulting over e-mail, outweighing any benefits of increased honesty! An implication of the study is that if telephone conversations are recorded and people are aware of this fact, they are likely to be more truthful over the phone. T People are unconcerned about the repercussion of e-mail untruths. F It had been assumed that people would communicate more honestly when using e-mail than when using the telephone. F 2. There is often considerable scientific disagreement both about available reserves of natural resources and about the extent of environmental damage caused by particular pollutants. Even where the scientific evidence is incontrovertible. There may be political conflict, based on different vested interests, over the degree to which particular environmental controls should be accepted. Governments may, for example...
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...Severance as income? IRC § 61 defined Gross Income as “all income from whatever source derived,” to include “compensation for services, including fees, commissions, fringe benefits, and similar items.” The court in Glenshaw defined income as “an undeniable accession to wealth.” Moreover, Treas. Reg. § 1.61-2 included “termination or severance pay” as compensation for services. IRC § 102 states that gross income does not include the value of property acquired by gift, bequest, devise, or inheritance. However, a gift cannot be from an employer to an employee. Here, Ariel Asher (“AA”) was paid $1,000 a year for the 10 years that she was with the firm. The firm characterized the $10,000 payment as a “severance.” AA will argue that the amount was a gift, thus not taxable. The IRS will argue that § 61 includes severance pay in the language itself. Additionally, § 1.61 states that a gift cannot be from AA’s employer. Therefore, the severance pay will be included in gross income. Purchasing bargained work equipment income? In Pellar, the court established that bargain purchases generally do not constitute gross income. If property is transferred as compensation for services in the amount less than its fair market value, the difference between the fair market value and the amount paid is gross income. Here, the firm was downsizing and had excess furniture and invited only departing members to make an offer. The firm accepted AA’s offer of $1,700 for the furniture (FMV $4,800). AA received...
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...$245,000. Compute the Federal income tax liability on BC’s income for the current year under the following assumptions: a. BC is operated as a proprietorship, and the owner withdraws $100,000 for personal use. b. BC is operated as a corporation, pays out $100,000 as salary, and pays no dividends to its shareholder. c. BC is operated as a corporation and pays out no salary or dividends to its shareholder. d. BC is operated as a corporation, pays out $100,000 as salary to its shareholder, and pays out the remainder of its earnings as dividends. 17-30. Virginia owns 100% of Goshawk Company. In the current year, Goshawk Company sells a capital asset (held for three years) at a loss of $40,000. In addition, Goshawk has a short-term capital gain of $18,000 and net operating income of $90,000 during the year. Virginia has no recognized capital gain (or loss) before considering her ownership in Goshawk. How...
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...LESSON 12 DEDUCTIONS Dr Vandana Bansal STRUCTURE 12.0 Objectives 12.1 Introduction 12.2 Deductions from gross total income 12.3 Basic rules governing deductions under sections 80C to 80U 12.4 Deductions 12.5 Deductions to encourage savings 12.5.1 Deduction in respect of life insurance premium, etc.80C 12.5.2 Deduction in respect of pension fund 80CCC 12.5.3 Deduction in respect of contribution to pension scheme of central government 80CCD 12.6 Deductions for certain personal expenditure 12.6.1 Deduction in respect of medical insurance premium 80D 12.6.2 Deduction in respect of maintenance including medical treatment of dependent who is a person with disability - section 80DD 12.6.3 Deduction in respect of medical treatment - section 80DDB 12.6.4 Deduction in respect of repayment of loan taken for higher education - section 80E. 12.6.5 Amount of rent paid - section 80GG 12.7 Deductions for socially desirable activities 12.7.1 Donation to certain funds, charitable institution etc. (section 80G) 12.8 Deductions for persons with disability 12.8.1 Deduction allowed to a person with disability - section 80U __________________________________________________________________ 12.0 OBJECTIVES After studying the Unit you should be able to: • List the deductions available from gross total income • Know who is eligible for deduction • List the conditions for claiming deduction • Calculate the amount of each deduction ________________________________________________________ 12.1...
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...Introduction Institutional investors have become predominant players in the stock market, and their influence has been growing steadily in recent times. Due to their large shareholdings it is perceived that institutional investors can leverage their position and act as watchdogs against corporate abuse. There are however several practical considerations which serve as disincentives to shareholder activism. The assertion that institutional investors have the potential and the incentive to contribute towards improving the corporate governance regime of their respective portfolio companies is a contentious issue. Some commentators on this subject have made a positive assessment of shareholder activism but empirical findings give a checkered history of the efficacy of such institutional investor activism thereby casting a shadow of doubt on the role of institutional investors in corporate governance. The analysis of divergent theories on the incentives and disincentives governing the behaviour of institutional investors in this regard becomes pertinent. The questions that are sought to be addressed in this paper are as follows - a. What are the various incentives and disincentives to shareholder activism among institutional investors? b. What are the techniques which may be employed by institutional investors to monitor the companies in which they invest? c. What are the reasons behind shareholder passivity? Is this apathy rational in the context of institutional...
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...Client File memorandum to: File from: Re: HOLLY MARTIN, Tax year 2013 FACTS Our client, Holly Martin, is a developer who acquired a parcel of unimproved real property that she would like to develop. Although the land is currently zoned for commercial use, the developer would prefer not to begin development until an adjoining street is widened. With a wider street, her development can include a landscaped public entrance and lighting. Without the widening, the development will have only one entrance that is neither as accessible nor as attractive. The city does plan to widen the street in order to build bike paths which are now required in its new city plan. However, it will be easier for the city to widen the street if it acquires an easement across Mrs. Martin’s property. Mrs. Martin is interested in providing this easement to the city but would like assurance that she will receive a charitable contribution deduction for the easement. ISSUE AND CONCLUSION 1 Will the donation of the easement by Mrs. Martin qualify as a charitable contribution deduction? No, the donation of the easement will not qualify as a charitable contribution deduction. ANALYSIS 1 B-1 B-3 B-2 IRC §170 provides that contributions individuals make are deductible in the tax year paid. Unless the IRC provides an exception, it is the general rule that all charitable contributions made to a qualified organization, listed under IRC §170(c), shall be allowed a deduction. IRC...
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...CHAPTER 22 S CORPORATIONS Examination Questions 1. During 2013, an S corporation incurs the following transactions. Net income from operations $60,000 Interest income from savings account 28,000 Long-term capital gain from sale of securities 54,000 Short-term capital loss from sale of securities 44,000 The corporation's passive investment income for 2013 is: a. $28,000. b. $38,000. c. $82,000. d. $142,000. e. None of the above. 2. During 2013, Emerald Corporation incurs the following transactions. Net income from operations $125,000 Long-term capital gain from sale of securities 55,000 Short-term capital loss from sale of securities 35,000 Emerald maintains a valid S election and does not distribute any dividends to its sole shareholder, Dakota. As a result, Dakota must recognize: a. Ordinary income of $125,000 and long-term capital gain of $20,000. b. Ordinary income of $125,000, long-term capital gain of $55,000, and $35,000 short-term capital loss. c. Ordinary income of $125,000, long-term capital gain of $55,000, and $3,000 short-term capital loss. d. Ordinary income of $125,000. e. None of the above. 3. During the year, an S corporation incurs a $110,000 net operating loss. Eloise, the sole shareholder, has a $75,000 stock basis, and there is a $100,000 balance in AAA at the beginning...
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