Incentive Stock Options (ISOs) and Non-Qualified Stock Options
Grant Date: Important for both types.
Definitions: Referenced in notes from 04/21 and 04/22.
Incentive Stock Options (ISOs)
No corporate deduction is available either at the grant date or the exercise date.
No compensation income is recognized by the employee.
For financial reporting purposes, the corporation recognizes expense over the vesting period (from grant date to vesting).
Valuation of options often involves the Black-Scholes formula, used to determine the option's value.
Schedule M-1 Adjustment: Arises because the compensation expense is debited for financial statement purposes (e.g., 1 million each year), but there's no corresponding tax deduction.
Debit Schedule M-1 and credit compensation expense.
This is an unfavorable difference.
Non-Qualified Stock Options
The corporation receives a tax deduction.
The employee recognizes compensation income.
The market price is likely 10 per share, resulting in a zero event on the grant date.
Difference between market price and exercise price is taxable income to the employee.
Schedule M Differences
Book charge recognition as options vest.
Unfavorable schedule M.
Tax deduction on the exercise of a non-qual.
Favorable schedule M.
Popularity of Stock Options
Encourages employee retention.
Aligns employee interests with shareholder interests.
Issue: Composed of facts and circumstances (what you know) and the question (what you need to find out).
Rules: Identify rules related to the facts, circumstances, and questions from the study guide.
Discipline: Critical for smart individuals to carefully go through each step.
Importance of Step-by-Step in the Profession
Essential skill for accountants.
Accountants must be detail-oriented (in the weeds) and understand the big picture.
Mastery of step-by-step enables accountants to see the big picture over time.
Exam Details
Non-programmable calculators are allowed.
Communication devices are prohibited.
Ask questions if needed; clarifications may be announced to the class.
Scantron Instructions
Fill out Scantrons carefully, including the ID number.
Avoid multiple answers per question.
Mark answers on the test paper in small letters for personal comparison, but avoid misleading others.
Cheating
Disserves the individual due to curving.
Honor code is in effect.
Exam Coverage
Cumulative exam.
Expect 40 to 50 questions.
Duration: 110 minutes.
Big Picture Questions: Possible questions from exams one and two.
Examples: IRAC, do the right thing, clear reflection of income, invasion vs. avoidance.
Module Coverage: Primarily covers modules from 10 onwards, with some building blocks from earlier modules.
Key Topics and Concepts
Section 197: Amortization.
Module 13: Differences between book taxes, tax expense, and the income statement for financial statement purposes.
Balance Sheet: Deferred tax assets and liabilities (current vs. non-current based on related asset).
ASC 740: More likely than not (50+%) standard for financial reporting; substantial authority standard for tax returns.
Tax Return Positions: All positions must have substantial authority.
Substantial Authority: Found in Treasury Regulations under section 6662-4(d)(3).
Realistic Possibility: 3% chance of prevailing if challenged, per the Statements on Standards for Tax Services (SSTSs) if no other standard applies.
Reasonable Basis: 15-20% chance of surviving audit to the highest level of appeal, often used with disclosure.
Uncertain Tax Return Positions: Differences between standards create these, requiring reconciliation and disclosure.
ASC 740 Disclosures: Effective rate calculations, sources of temporary and permanent differences, and the effect of state taxes on deferred taxes and effective rate.
Module 11 Model: Amount realized - adjusted basis = gain realized +/ - deferrals/suspensions/exclusions = gain recognized.
Home Sale Exclusion: Important to remember.
Gain or Loss on Disposition: A reoccurring topic in multiple problems.
Amount Realized: You can expect multiple problems.
Holding Period: Short term and long term.
Tax Treatment: Capital gains and capital losses for corporate and non-corporate taxpayers (Section 291, 20% rule).
Recapture: Sections 1245 and 1250.
Installment Sales: Section 453, including mixing with 1245/1250 recapture.
Planning Tips: Be prepared to evaluate planning opportunities.
Section 1231: Applies to Businesses.
Section 1221: Used in trading businesses.
Accounts receivable, Inventories, supplies and depreciable property.
Ordinary Income: Depreciation recapture at ordinary rates.
If gain is less than accumulated depreciation, it will be recaptured at ordinary rates.
Section 1250 Property: Three pieces to it.
Placed in service between 1980 and 1987: Accelerated depreciation on real estate recaptured at ordinary rates.
Remaining depreciation is unrecaptured 1250 depreciation, typically taxed at a maximum rate of 25%.
The lecture example shows there is a case where it was at 24%, the income bracket reached 32%, but then it was capped at 25% instead.
Nonrecognition Transactions
Like Kind Exchanges: Treatment of liabilities.
Section 351 Transactions: Tax deferred exchange of property for stock (taxed to the extent liabilities exceed adjusted basis).
Involuntary Conversions: Section 1033, tax deferred if property is replaced within two years.
Sale of principal Residence
Other Key Topics (Module 12)
Entity Choice: Four drivers for each entity.
Entity Types
Sole Proprietorship.
Partnerships: General, limited, and limited liability (LLP).
Corporations: Separate legal person.
S Corporations: Taxed like a partnership but still a separate legal person.
Limited Liability Companies (LLC): Separate person that chooses its tax treatment (sole prop, corp., s-corp).
Piercing the Corporate Veil: Occurs when separate entities like LLCs and corporations are not set up/operated correctly, negating liability limits.
While not legally required, you must have a partnership agreement.
You must know basis in the courts.
Three fifty one transactions (problems with boot or liabilities transferred)
Book tax differences between ASC seven forty and schedule m one (conceptually, schedule m one extends the income statement).
Schedule m one provides differences between taxable income and net income from ASC 740.
Section 179: Getting most of your depreciation expense in year one, this makes for a bit of a financing tool.