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Adjusted basis
Cost - accumulated depreciation
Gain Realized
FMV or sales price - adjusted basis
1245 Recap
Min(Gain realized, Depriciation taken)
291 Recap (1250)
20% * Hypothetical 1245 recap
163 interest limit
30% * EBITDA
DRD
Dividend * DRD%
DRD Taxable income limit
Taxable income before DRD * DRD%
351 realized gain
FMV Received - Basis transferred
351 recognized gain with boot
Min (Realized gain, boot)
357c gain (When liabilities exceed basis)
Liab. Assumed - basis transferred
Shareholder stock basis
Old Basis + Gain recognized - boot - liab. asumed
Corporation basis in property
Transferor bais + Gain recognized
Failed 351 gain
FMV - Basis
Failed 351 shareholder stock basis
FMV of stock
Failed 351 corporate asset basis
FMV
Property distribution amount (amount of dist. to shareholder)
FMV - liab. assumed by shareholder
Shareholder basis in distributed property
FMV
311 corporate gain (Shows the corporation's gain when it distributes appreciated property)
FMV - corp. basis
Distribution order
Dividend, ROC, Capital Gain
Ending stock basis
Beginning basis - ROC (Shows the shareholder's remaining stock basis after a distribution.)
Current E&P
TI + or - E&P Adjustments
Corp. Tax rate
21%
NOL deduction limit
80% * TI before NOL (Max NOL deducition allowed this year)
Capital loss rules
Corporation = capital losses only against capital gains.
Individual = capital gains first, then up to $3,000 against ordinary income.
Passive Activity Losses
Closely held C corp = passive + active okay, not portfolio
PSC = passive only
if liabilities > basis
Recognize excess as a gain
When there is a boot what is the gain
Min (Realized gain, boot)
What can the stock basis not go below
0
DRD NOL Rule
If FULL DRD creates an NOL use the full thing
When can we net E&P
Negative current and Positve accumulated
Property Dist. Amount
FMV - Liab
Shareholder basis in distributed property
FMV
Corp. Distributing appreciated property
Recognize gain
Corporation distributing loss on property
NO LOSS
Kiab > FMV on distributed property
Use liability as a min. FMV for gain purposes
Distribution cannot
create an E&P deficet by itself
Qualified dividend
Must meet holding period rule
Constructive Div.
Salaries, loans, personal expenses can be reclassified as dividend