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August 30, 2014 at 3:34 pm #188296
jeff
KeymasterFree Study Planner, Notes, Audio, Flashcards: https://www.another71.com/cpa-exam-study-plan/
Free CPA Exam Survival Guide: https://www.another71.com/cpa-exam-survival-guide/
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September 15, 2014 at 1:56 pm #629262
leglock
Participantgood explanation by BestCPA.
With these corp capitalization rules, it is imperative you always analyze the 80% rule on every problem. Also, it is imperative you remember that if one shareholder contributes services, they are not included when determining if the 80% rule is met, i.e if 3 people start a corp and 2 contrib property and one contributes services each for a 1/3 share, then the 80% rule is not met (because only 2/3 have contributed something other than services) and therefore all contributions of each shareholder will be taxable.
September 15, 2014 at 3:32 pm #629263Anonymous
InactiveLane, a single taxpayer, received $160,000 in salary, $15,000 in income from an S corporation in which Lane does not materially participate, and a $35,000 passive loss from a real estate rental activity in which Lane materially participated. Lane's modified adjusted gross income was $165,000. What amount of the real estate rental activity loss was deductible?
Incorrect A.
$0
B.
$15,000
C.
$25,000
D.
$35,000
You answered A. The correct answer is B.
Individuals may offset up to $25,000 ($50,000 if married filing jointly) of ordinary income with rental real estate activities. This exemption is reduced (but not below zero) by 50% of the amount by which the adjusted gross income of the taxpayer for the year exceeds $100,000.
First, the passive activities were netted $15,000 from the S corporation – $35,000 from the rental = $(20,000).
Second, the salary of $160,000 is decreased by the net $20,000 passive activity loss for a modified AGI before limitation of $140,000.
Third, the amount of $140,000 that exceeds $100,000 is multiplied by 50%, equaling $20,000.
Fourth, the rental loss of $35,000 is decreased by the $20,000 limitation, leaving an allowable deduction of $15,000.
As per my understanding, for this MCQ applies the “Mom and Pop” exception which stated that taxpayer may deduct up to $25,000 until the AGI is $100,000 and any amount above $100,000 is reduces by a 50% until AGI exceed the $150,000. In this MCQ, AGI was $165,000 so I suppose that the exception does not apply.
Anyone can help me to clarify this?, please. I will very appreciate!
Thanks!
September 15, 2014 at 3:54 pm #629264leglock
ParticipantThe short answer is that if you have passive income of 15,000, you normally can only deduct passive losses up to passive income. So although you had 35,000 of passive loss, you can only deduct 15,000 of it.
*There is an exception that you need to know, called the mom and pop exception in the Becker book. If you ACTIVELY PARTICIPATE (this term has a specific meaning) in a passive activity, you can deduct up to 25,000 of loss and are not limited by passive income. So in this problem, they were trying to lead you down that path. However, when agi is above 100,000, the mom and pop exception begins being phased out by 50%. So, if you earn 110,000 you exceed 100,000 by 10,000 and 10,000 x 50% is 5,000 so you would only be able to use 20,000 of the mom and pop exception. In this problem, you have agi of 160,000 therefore none of the mom and pop exception is available because it is completely phased out when your agi hits 150,000.
**Also note, when I did this question, I believe the exam writers tricked themselves, because if you materially participate in an activity you are allowed to deduct losses against ordinary income. The mom and pop exception specifically speaks of if you ACTIVELY PARTICIPATE not MATERIALLY PARTICIPATE (both of these terms have specific meanings and thresholds).
September 15, 2014 at 4:26 pm #629265Anonymous
Inactive@leglock Thank you so much for your response!! This was a very good explanation 🙂
September 15, 2014 at 5:21 pm #629266mikiluv
MemberSo awesome, thank you BestCPA and Leglock!!!!!!!!!
September 15, 2014 at 5:29 pm #629267mikiluv
MemberActually, either Leglock or BestCPA or anyone who can chime in, would you mind helping me out 1 more time?
How do you differentiate between (corporate) Liquidating distributions and Nonliquidating distributions for the SH basis/ Corp Basis/Gain and Loss Recognized? Is there a logical way to remember it vs. memorizing without understanding the WHY of it? I want to understand the WHY but its just not coming together….i just keep getting confused…..
Thx so much again!
September 15, 2014 at 5:29 pm #629268mikiluv
MemberActually, either Leglock or BestCPA or anyone who can chime in, would you mind helping me out 1 more time?
How do you differentiate between (corporate) Liquidating distributions and Nonliquidating distributions for the SH basis/ Corp Basis/Gain and Loss Recognized? Is there a logical way to remember it vs. memorizing without understanding the WHY of it? I want to understand the WHY but its just not coming together….i just keep getting confused…..
Thx so much again!
September 15, 2014 at 6:46 pm #629269StephAV
Member@King Coffee – Have you looked at the thread with the avg NINJA vs. actual scores. I'm using WTB and for AUD I wasn't happy about going in with an avg score of 65% but I ended up with an 80. I'd just keep doing what you are doing with the MCQ, maybe focusing more on your weaker subjects. But I think the consensus is that the TB's and more difficult than the actual exam.
FAR - 7/13 - 72, 11/13- 74, 2/14- 82!!! Best score ever (for me)!!!
BEC - 1/14 - 75!!! Perfect score! First Pass! YAY!!!
AUD - 8/14 - 80!!!
REG - 5/14 - 72, 10/14 - 66, 1/15 - 78 - DONE FOREVER!!!
I did 5 of the UNA and CPAExcel classes to earn units.September 15, 2014 at 7:20 pm #629270September 15, 2014 at 8:35 pm #629271StephAV
Member@King Coffee – BTW, I love my NINJA products, I have the audio and notes. It just sounds to me like it might be overkill in your situation.
FAR - 7/13 - 72, 11/13- 74, 2/14- 82!!! Best score ever (for me)!!!
BEC - 1/14 - 75!!! Perfect score! First Pass! YAY!!!
AUD - 8/14 - 80!!!
REG - 5/14 - 72, 10/14 - 66, 1/15 - 78 - DONE FOREVER!!!
I did 5 of the UNA and CPAExcel classes to earn units.September 15, 2014 at 10:55 pm #629272WANNABE_CPA
MemberPlz explain the following
What are Disqualified Dividends? Are they taxable or not?
FAR : 68, 74, 83 Thank you God 🙂
BEC : 78 (8/27) 🙂
REG : 72 ,80 (2/25) 🙂
AUD : 69,67, 07/23September 16, 2014 at 1:34 am #629273Anonymous
InactiveWhat do you usually average on the mcq? I'm in the upper 60's 🙁 I feel I learn more from the mcq than the textbook
September 16, 2014 at 4:08 am #629274rzrbkfaith
Member@mikiluv – I find that its better just to memorize the tax rules rather than getting stuck on the why's. So much of it doesn't make sense because it was made by a bunch of legislators.
@WannabeCPA – Did you mean qualified and nonqualified? Qualified dividends are made from common and preferred stock and are taxed at a lower rate than nonqualified dividends, which are taxed at the same rate as ordinary income.
@cpa8488 – I am using Becker and I am getting in the low 90's or upper 80's on the first try of all my homework. I do find some of the simulations to be pretty tricky though. One of my Becker instructors said that you will always get more out of doing than reading, so keep at it with the multiple choice! It will come!
AUD - 99
BEC - 97
REG - 91
FAR - 1/8/16September 16, 2014 at 6:35 am #629275Anonymous
Inactive@rzr do you watch the lectures for the whole chapter first then do all the homework?
September 16, 2014 at 10:23 am #629276rady85
MemberShould I memorize the deduction / exemption figures?? please advise
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