- A single taxpayer operates a sole proprietorship that is not a specified service trade or business. Her taxable income before the qualified business income deduction is well below the threshold at which any limitation applies. Her qualified business income for the year is $80,000. What is her tentative QBI deduction?
- $40,000
- $16,000
- $20,000
- $8,000
Correct answer: $16,000
The tentative QBI deduction is $16,000, computed as 20% of the $80,000 of qualified business income. Because her taxable income is below the threshold, no wage or property limitation reduces the deduction, so the basic 20% rate applies directly to her QBI.
- Which of the following businesses is treated as a specified service trade or business (SSTB) for purposes of the qualified business income deduction?
- A retail hardware store
- A residential rental real estate operation
- A law firm providing legal services
- A manufacturing company producing furniture
Correct answer: A law firm providing legal services
A law firm providing legal services is a specified service trade or business because the field of law is expressly listed among SSTB categories. Retail, manufacturing, and most rental real estate are not SSTBs, so their QBI is not subject to the SSTB phase-out.
- For a taxpayer whose taxable income exceeds the upper end of the phase-out range, what happens to the qualified business income deduction attributable to a specified service trade or business?
- It is fully allowed at 20%
- It is increased by a bonus factor
- It is completely disallowed
- It is limited to 50% of QBI
Correct answer: It is completely disallowed
The deduction for an SSTB is completely disallowed once taxable income exceeds the top of the phase-out range. Above that level, income from a specified service trade or business no longer counts as qualified business income, so no deduction remains for that activity.
- A married couple filing jointly has taxable income above the QBI threshold and owns a non-SSTB business with $200,000 of qualified business income, W-2 wages of $50,000, and no qualified property. Ignoring the overall taxable-income limit, what is their wage-limited QBI deduction?
- $50,000
- $100,000
- $40,000
- $25,000
Correct answer: $25,000
The deduction is $25,000, the greater of 50% of W-2 wages ($25,000) or 25% of wages plus 2.5% of qualified property ($12,500 + $0). Since the wage-based limit of $25,000 is below 20% of QBI ($40,000), the wage limitation caps the deduction at $25,000.
- Which item is subtracted from total income to arrive at a taxpayer's adjusted gross income?
- The standard deduction
- Deductible student loan interest
- Itemized deductions on Schedule A
- The qualified business income deduction
Correct answer: Deductible student loan interest
Deductible student loan interest is an above-the-line adjustment that reduces total income to reach adjusted gross income. The standard deduction, itemized deductions, and the QBI deduction are all subtracted after AGI is determined, not in computing AGI itself.
- A taxpayer has wages of $60,000, taxable interest of $2,000, and pays a $3,000 deductible contribution to a traditional IRA along with $1,000 of deductible self-employed health insurance. What is the taxpayer's adjusted gross income?
- $58,000
- $54,000
- $62,000
- $59,000
Correct answer: $58,000
AGI is $58,000: gross income of $62,000 ($60,000 wages plus $2,000 interest) reduced by $4,000 of above-the-line adjustments ($3,000 IRA contribution plus $1,000 self-employed health insurance). Both adjustments reduce income before AGI is calculated.
- For 2025, a single taxpayer under age 65 has potential itemized deductions of $11,000 and a standard deduction of $15,000. Which approach minimizes taxable income, and why?
- Itemize, because itemized deductions are always preferable
- Take the standard deduction only if the taxpayer is self-employed
- Itemize, because the standard deduction does not reduce taxable income
- Take the standard deduction, because $15,000 exceeds the $11,000 of itemized deductions
Correct answer: Take the standard deduction, because $15,000 exceeds the $11,000 of itemized deductions
Claiming the $15,000 standard deduction minimizes taxable income because it exceeds the $11,000 of available itemized deductions. A taxpayer should take whichever is larger; here the standard deduction produces a greater reduction regardless of filing status quirks.
- Which of the following is deductible only as an itemized deduction on Schedule A rather than as an adjustment to income?
- Health savings account contributions
- Home mortgage interest on a primary residence
- Alimony under a pre-2019 divorce decree
- Educator expenses
Correct answer: Home mortgage interest on a primary residence
Home mortgage interest on a primary residence is an itemized deduction reported on Schedule A. Educator expenses, HSA contributions, and qualifying pre-2019 alimony are above-the-line adjustments that reduce income to reach AGI rather than itemized deductions.
- A taxpayer's only large potential itemized deductions are $6,000 of state and local taxes and $4,000 of charitable contributions, totaling $10,000, while the standard deduction is higher. To maximize deductions across two years, which strategy is most appropriate?
- Splitting charitable gifts evenly each year
- Never making charitable contributions
- Bunching deductions into one year to exceed the standard deduction
- Always itemizing every year regardless of totals
Correct answer: Bunching deductions into one year to exceed the standard deduction
Bunching deductions into a single year is the best strategy because concentrating charitable gifts and other deductible payments can push itemized deductions above the standard deduction in that year, while taking the standard deduction in the alternating year. This produces a larger total deduction over the two years.
- The state and local tax (SALT) deduction on Schedule A for an individual is subject to which limitation for 2025?
- It is fully phased out above $100,000 of AGI
- It is capped at $40,000 ($20,000 if married filing separately), phasing down for high incomes
- No dollar cap applies
- It is limited to property taxes only
Correct answer: It is capped at $40,000 ($20,000 if married filing separately), phasing down for high incomes
For 2025 the One Big Beautiful Bill Act raised the SALT cap to $40,000 ($20,000 if married filing separately) for combined state and local income (or sales) taxes plus property taxes on Schedule A. The cap is reduced by 30% of modified AGI over $500,000 ($250,000 MFS) but never falls below the prior $10,000 floor. The $40,000 cap applies for 2025 through 2029, then reverts to $10,000.
- A married couple filing jointly has three qualifying children under age 17 and modified AGI below the phase-out threshold. Assuming no other limitations, how is their child tax credit amount determined?
- A percentage of their total tax liability
- A fixed amount regardless of the number of children
- Only the refundable portion is allowed
- The per-child credit multiplied by three
Correct answer: The per-child credit multiplied by three
Their credit equals the per-child amount multiplied by three, because each qualifying child under 17 generates a separate child tax credit. Below the phase-out threshold the full per-child amount is allowed for each eligible child.
- Which requirement must be met for a child to be a qualifying child for the child tax credit?
- The child must be under age 17 at the end of the year
- The child must have earned income
- The child must be under age 24 and a full-time student
- The child must file a joint return
Correct answer: The child must be under age 17 at the end of the year
To qualify for the child tax credit, the child must be under age 17 at the end of the tax year. The under-24 student rule relates to dependency as a qualifying child generally, not the age cutoff specific to the child tax credit.
- A taxpayer claims a dependent parent who does not qualify for the child tax credit. Which credit may the taxpayer instead be able to claim for that dependent?
- The adoption credit
- The saver's credit
- The credit for other dependents
- The earned income tax credit
Correct answer: The credit for other dependents
The credit for other dependents may apply to a dependent who is not a qualifying child under 17, such as a dependent parent. It provides a smaller nonrefundable credit per qualifying dependent who fails the child tax credit age test.
- The child tax credit begins to phase out when modified adjusted gross income exceeds a threshold. By how much is the credit reduced for each increment over the threshold?
- $50 for each $1,000 (or fraction) over the threshold
- 10% of the excess income
- $100 for each $1,000 over the threshold
- The credit is eliminated entirely at the first dollar over
Correct answer: $50 for each $1,000 (or fraction) over the threshold
The child tax credit is reduced by $50 for each $1,000 (or fraction thereof) of modified AGI above the applicable threshold. This gradual phase-out means the credit shrinks proportionally as income rises rather than disappearing all at once.
- Which of the following taxpayers is generally eligible to claim the earned income tax credit, assuming all income limits are met?
- A taxpayer with wages from employment and no disqualifying investment income
- A taxpayer filing as married filing separately with high investment income
- A nonresident alien for the entire year
- A taxpayer whose only income is investment dividends
Correct answer: A taxpayer with wages from employment and no disqualifying investment income
A taxpayer with employment wages and investment income below the disqualifying limit is eligible for the EITC. The credit requires earned income; taxpayers with only investment income, excessive investment income, or who are nonresident aliens generally cannot claim it.
- The earned income tax credit is refundable. What does this mean for a taxpayer whose EITC exceeds their total tax liability?
- The excess reduces self-employment tax only
- The excess is lost
- The excess is carried forward to next year
- The excess is refunded to the taxpayer
Correct answer: The excess is refunded to the taxpayer
Because the EITC is refundable, any amount exceeding the taxpayer's tax liability is paid out as a refund. A refundable credit can reduce tax below zero and generate a cash payment, unlike a nonrefundable credit that stops at zero.
- For EITC purposes, which of the following counts as earned income?
- Interest and dividends
- Social Security retirement benefits
- Taxable wages reported on a Form W-2
- Unemployment compensation
Correct answer: Taxable wages reported on a Form W-2
Taxable wages reported on a Form W-2 are earned income for EITC purposes. Unemployment compensation, interest, dividends, and Social Security benefits are not earned income, so they do not help a taxpayer qualify for or increase the credit.
- A taxpayer has earned income of $18,000 and investment income of $12,000 for 2025, exceeding the disqualifying investment income limit. What is the effect on the earned income tax credit?
- The taxpayer is disqualified from the credit entirely
- The credit is reduced by 10%
- The credit phases out gradually
- Only investment income above the limit reduces the credit
Correct answer: The taxpayer is disqualified from the credit entirely
Exceeding the disqualifying investment income limit makes the taxpayer ineligible for the EITC entirely. The investment income cap is an all-or-nothing threshold; once a taxpayer's investment income passes it, no earned income credit is allowed regardless of earned income.
- The saver's credit (retirement savings contributions credit) is available to which type of taxpayer?
- A dependent claimed on another return
- A low-to-moderate income taxpayer who contributes to a retirement account
- A taxpayer with AGI above $100,000
- A full-time student
Correct answer: A low-to-moderate income taxpayer who contributes to a retirement account
The saver's credit is available to low-to-moderate income taxpayers who make eligible contributions to a retirement plan or IRA. Full-time students, dependents, and taxpayers with income above the applicable limits are specifically excluded from claiming the credit.
- The maximum credit rate for the saver's credit applied to eligible retirement contributions is which of the following?
Correct answer: 50%
The highest saver's credit rate is 50% of eligible contributions, available to taxpayers in the lowest qualifying income bracket. The credit rate steps down to 20% and 10% as income rises, then disappears above the income limits.
- A single taxpayer in the lowest saver's credit income tier contributes $2,000 to a Roth IRA, the maximum eligible contribution. At a 50% credit rate, what is the saver's credit?
Correct answer: $1,000
The saver's credit is $1,000, computed as 50% of the $2,000 of eligible contributions. The credit is limited to the first $2,000 of contributions per taxpayer, so $2,000 multiplied by the 50% rate yields the $1,000 credit.
- A U.S. citizen earns foreign-source wages and pays income tax to a foreign country on that income. To avoid double taxation by claiming a credit on Form 1116, the taxpayer claims which credit?
- The general business credit
- The foreign tax credit
- The foreign earned income exclusion
- The child tax credit
Correct answer: The foreign tax credit
The foreign tax credit, claimed on Form 1116, lets a U.S. citizen offset U.S. tax with income taxes paid to a foreign country. It directly reduces U.S. tax liability to relieve double taxation, distinct from the foreign earned income exclusion which removes income from the return.
- The foreign tax credit limitation generally restricts the credit to which amount?
- The U.S. tax attributable to the foreign-source income
- 100% of U.S. tax liability
- The taxpayer's AGI multiplied by 10%
- The total foreign tax paid
Correct answer: The U.S. tax attributable to the foreign-source income
The foreign tax credit is limited to the portion of U.S. tax that is attributable to the taxpayer's foreign-source taxable income. This prevents the credit from offsetting U.S. tax on U.S.-source income, capping it at the U.S. tax on the foreign income.
- A taxpayer pays $600 of foreign income tax on passive foreign dividends and elects not to file Form 1116. Under the simplified rule, what is the maximum foreign tax that can be claimed without Form 1116 for a single filer?
- $300
- $600
- $1,200
- No limit applies
Correct answer: $300
A single filer may claim the foreign tax credit without filing Form 1116 only if creditable foreign taxes do not exceed $300 ($600 for married filing jointly). Because this taxpayer paid $600, the simplified election is unavailable and Form 1116 would be required.
- A taxpayer sells stock held for 14 months at a $5,000 gain and sells other stock held for 5 months at a $2,000 gain. How are these gains characterized?
- The $5,000 gain is long-term and the $2,000 gain is short-term
- Both are short-term capital gains
- Both are ordinary income
- Both are long-term capital gains
Correct answer: The $5,000 gain is long-term and the $2,000 gain is short-term
The $5,000 gain on stock held 14 months is long-term because the holding period exceeds one year, while the $2,000 gain on stock held 5 months is short-term. The one-year holding period is the dividing line between long-term and short-term capital gain treatment.
- For an individual, net capital losses that exceed net capital gains may offset ordinary income up to what annual limit?
- $1,500
- $3,000
- No limit
- $5,000
Correct answer: $3,000
An individual may deduct net capital losses against ordinary income up to $3,000 per year ($1,500 if married filing separately). Losses beyond that limit are carried forward to future years until used, but only $3,000 may offset ordinary income annually.
- During the year a taxpayer realizes a $10,000 long-term capital gain, a $4,000 long-term capital loss, and a $1,000 short-term capital gain. What is the taxpayer's net capital gain result?
- $5,000 net gain treated entirely as short-term
- $6,000 net long-term gain and $1,000 short-term gain
- $7,000 net long-term gain
- $11,000 of ordinary income
Correct answer: $6,000 net long-term gain and $1,000 short-term gain
Netting within categories first, the long-term gains and losses net to a $6,000 long-term gain ($10,000 minus $4,000), and the $1,000 short-term gain stands separately because there are no short-term losses to offset it. Long-term and short-term categories are netted separately before any cross-netting.
- A taxpayer carries forward a $9,000 long-term capital loss and has no other capital transactions this year. What is the result on the current-year return?
- The loss is lost because it was not used in the prior year
- $3,000 offsets ordinary income and $6,000 carries forward
- The entire $9,000 is deductible against ordinary income
- $4,500 offsets ordinary income and $4,500 carries forward
Correct answer: $3,000 offsets ordinary income and $6,000 carries forward
Of the $9,000 carryforward loss, $3,000 offsets ordinary income this year and the remaining $6,000 carries forward again. The annual $3,000 limit on deducting capital losses against ordinary income applies to carryforwards just as it does to current-year losses.
- A taxpayer buys 100 shares of stock for $5,000 and later pays a $50 brokerage commission on purchase. What is the cost basis of the shares?
Correct answer: $5,050
The cost basis is $5,050 because purchase commissions are added to the price paid for the stock. Basis includes the acquisition cost plus expenses of acquiring the asset, such as brokerage commissions, which increase the amount used to measure gain or loss on sale.
- A taxpayer inherits real estate from a decedent. The property had a cost basis of $100,000 to the decedent and a fair market value of $400,000 on the date of death. What is the heir's basis?
- $100,000
- $250,000
- $400,000
- $500,000
Correct answer: $400,000
The heir's basis is $400,000, the fair market value on the date of death, because inherited property generally receives a step-up (or step-down) to date-of-death value. The decedent's original $100,000 cost basis does not carry over to the heir.
- A taxpayer receives a gift of stock with a donor's adjusted basis of $8,000 and a fair market value of $12,000 at the time of the gift. The taxpayer later sells it for $15,000. What is the basis used to compute the gain?
- $13,500
- $15,000
- $12,000
- $8,000
Correct answer: $8,000
The basis for computing the gain is $8,000, the donor's carryover basis, because the sale price exceeds that basis. For gifted property sold at a gain, the recipient uses the donor's adjusted basis, so the $8,000 carryover basis applies.
- A taxpayer sells 50 shares of XYZ stock at a $2,000 loss and purchases 50 shares of the same XYZ stock 10 days later. What is the tax consequence?
- Only half of the loss is deductible
- The loss converts to a long-term capital gain
- The $2,000 loss is disallowed under the wash sale rule
- The $2,000 loss is fully deductible
Correct answer: The $2,000 loss is disallowed under the wash sale rule
The $2,000 loss is disallowed under the wash sale rule because substantially identical stock was repurchased within 30 days. The disallowed loss is added to the basis of the replacement shares rather than being deducted currently.
- The wash sale rule disallows a loss when substantially identical securities are acquired within what period relative to the sale?
- 60 days before the sale only
- 90 days after the sale only
- 30 days before or after the sale
- 1 year before or after the sale
Correct answer: 30 days before or after the sale
The wash sale rule applies when substantially identical securities are purchased within 30 days before or after the loss sale, creating a 61-day window centered on the sale date. A repurchase anywhere in that window triggers disallowance of the loss.
- A taxpayer sells stock at a $1,500 loss that is disallowed under the wash sale rule and buys replacement shares for $9,000. What is the basis of the replacement shares?
- $1,500
- $9,000
- $7,500
- $10,500
Correct answer: $10,500
The replacement shares have a basis of $10,500, computed as the $9,000 purchase price plus the $1,500 disallowed loss. Adding the disallowed loss to the replacement stock's basis preserves the loss for recognition when those shares are eventually sold.
- Which of the following sales would NOT trigger the wash sale rule even if it results in a loss?
- Selling stock at a loss with no repurchase within 30 days
- Selling stock and buying substantially identical stock in an IRA
- Selling stock and buying a call option on the same stock within 30 days
- Selling stock and buying the same stock 5 days later
Correct answer: Selling stock at a loss with no repurchase within 30 days
Selling stock at a loss without repurchasing substantially identical securities within 30 days does not trigger the wash sale rule, so the loss is fully deductible. The rule only applies when a replacement of substantially identical securities occurs within the 30-day window.
- A taxpayer turns 73 in 2025 and has a traditional IRA. By what general date must the taxpayer take the first required minimum distribution?
- April 1, 2026
- December 31, 2026
- December 31, 2025
- April 15, 2026
Correct answer: April 1, 2026
The first required minimum distribution may be delayed until April 1 of the year following the year the taxpayer reaches the required beginning age, so April 1, 2026, applies. This special grace date applies only to the first RMD; later RMDs are due by December 31 each year.
- Which retirement account is NOT subject to required minimum distributions during the original owner's lifetime?
- A traditional 401(k)
- A SEP IRA
- A Roth IRA
- A traditional IRA
Correct answer: A Roth IRA
A Roth IRA is not subject to required minimum distributions during the original owner's lifetime, so the owner is never forced to withdraw. Traditional IRAs, SEP IRAs, and traditional 401(k) plans all require minimum distributions once the owner reaches the required beginning age.
- A taxpayer fails to take a required minimum distribution of $4,000 from a traditional IRA. What is the general excise tax penalty on the shortfall under current law before any correction reduction?
- 50% of the shortfall
- 10% of the shortfall
- 25% of the shortfall
- 100% of the shortfall
Correct answer: 25% of the shortfall
The penalty for failing to take an RMD is 25% of the amount not distributed under current law, reduced to 10% if corrected within the applicable window. This penalty replaced the former 50% excise tax, so 25% is the current general rate on the shortfall.
- For 2025, what is the key difference in deductibility between a traditional IRA and a Roth IRA contribution?
- Both are always fully deductible
- Neither is ever deductible
- Traditional contributions may be deductible; Roth contributions are never deductible
- Roth contributions are deductible; traditional contributions are not
Correct answer: Traditional contributions may be deductible; Roth contributions are never deductible
Traditional IRA contributions may be deductible depending on income and plan coverage, while Roth IRA contributions are never deductible because they are made with after-tax dollars. The tradeoff is that qualified Roth withdrawals are tax-free, unlike traditional IRA distributions.
- A single taxpayer who is an active participant in an employer retirement plan has modified AGI above the upper phase-out limit. What is the effect on the deductibility of a traditional IRA contribution?
- No deduction is allowed for the contribution
- Only half the contribution is deductible
- The contribution must go to a Roth IRA instead
- The full contribution is deductible
Correct answer: No deduction is allowed for the contribution
No deduction is allowed when an active plan participant's modified AGI exceeds the upper phase-out limit. The taxpayer may still make a nondeductible traditional IRA contribution, but it produces no current deduction; deductibility is fully phased out above the limit.
- A taxpayer converts $20,000 from a traditional IRA, all of which consisted of pre-tax contributions and earnings, to a Roth IRA. What is the tax treatment of the conversion?
- A 10% early withdrawal penalty always applies
- Only the earnings portion is taxable
- The $20,000 is included in gross income in the year of conversion
- The conversion is tax-free
Correct answer: The $20,000 is included in gross income in the year of conversion
The full $20,000 is included in gross income in the year of conversion because the converted amount consisted entirely of previously untaxed pre-tax contributions and earnings. A Roth conversion is taxable to the extent it represents amounts not previously taxed, but the 10% early-distribution penalty generally does not apply to a conversion.
- A qualified distribution from a Roth IRA is tax-free if it is taken after age 59½ and the account has met which holding requirement?
- A 3-year holding period
- No holding period is required
- A 10-year holding period
- A 5-year holding period
Correct answer: A 5-year holding period
A Roth IRA distribution is qualified and tax-free if taken after age 59½ and the 5-year holding period is satisfied. Both the age test and the five-year period must be met for earnings to come out completely tax-free.
- Which transfer requires the filing of a federal gift tax return, Form 709?
- A gift to a U.S. citizen spouse of any amount
- Payment of a grandchild's tuition made directly to the university
- A gift of $15,000 to one individual when the annual exclusion is higher
- A taxable gift exceeding the annual exclusion to a single donee
Correct answer: A taxable gift exceeding the annual exclusion to a single donee
A gift to one donee exceeding the annual exclusion requires filing Form 709 because the excess is a reportable taxable gift. Gifts within the annual exclusion, direct tuition payments, and unlimited gifts to a U.S. citizen spouse generally need not be reported.
- Which payment qualifies for an unlimited exclusion from gift tax, requiring no use of the annual exclusion or lifetime exemption?
- A gift of stock to an adult child
- A contribution to a relative's business
- Medical expenses paid directly to a hospital on behalf of another person
- Cash given directly to a friend for medical bills
Correct answer: Medical expenses paid directly to a hospital on behalf of another person
Medical expenses paid directly to a hospital or provider on behalf of another person are excluded from gift tax without limit. The unlimited exclusion applies only when the payment goes directly to the provider, not when cash is given to the individual to pay the bills themselves.
- A married couple wishes to combine their annual gift tax exclusions to give a larger tax-free gift to their child. This treatment of a gift as made one-half by each spouse is called what, and how is it elected?
- Marital deduction, elected on Schedule A
- Joint gifting, elected automatically
- Income shifting, elected on Form 1040
- Gift splitting, elected on Form 709
Correct answer: Gift splitting, elected on Form 709
Gift splitting allows a married couple to treat a gift as made one-half by each spouse, effectively doubling the annual exclusion, and it is elected by filing Form 709. The election requires both spouses to consent on the gift tax return.
- For federal estate tax purposes, the gross estate of a decedent generally includes which of the following?
- Only assets held in a revocable living trust
- Only assets passing through probate
- Only real estate located in the United States
- The fair market value of all property the decedent owned at death
Correct answer: The fair market value of all property the decedent owned at death
The gross estate includes the fair market value of all property the decedent owned or controlled at death, whether or not it passes through probate. Assets in revocable trusts, life insurance with incidents of ownership, and jointly held property may all be included, not just probate assets.
- A decedent leaves the entire estate outright to a surviving U.S. citizen spouse. What is the estate tax effect of this bequest?
- The unlimited marital deduction generally eliminates estate tax on the bequest
- The entire bequest is subject to estate tax
- The bequest is taxed at a flat 40% rate
- Only half the bequest qualifies for a deduction
Correct answer: The unlimited marital deduction generally eliminates estate tax on the bequest
Property passing outright to a surviving U.S. citizen spouse qualifies for the unlimited marital deduction, generally eliminating estate tax on that transfer. The deduction defers estate tax until the surviving spouse's death rather than imposing it at the first death.
- An executor may elect to value estate assets on the alternate valuation date instead of the date of death. When is the alternate valuation date?
- Six months after death
- Three months after death
- The due date of the estate tax return
- One year after death
Correct answer: Six months after death
The alternate valuation date is six months after the date of death. An executor may elect it only if doing so decreases both the value of the gross estate and the estate tax liability, providing relief when asset values decline after death.
- The kiddie tax applies to a child's unearned income above an annual threshold. At what rate is that excess unearned income generally taxed?
- The parents' marginal tax rate
- A flat 10% rate
- The corporate tax rate
- The child's own marginal rate
Correct answer: The parents' marginal tax rate
Under the kiddie tax, a child's net unearned income above the threshold is taxed at the parents' marginal tax rate. This rule prevents families from shifting investment income to children to take advantage of the children's lower brackets.
- Which type of income is subject to the kiddie tax for a qualifying child?
- Scholarship amounts used for tuition
- Interest and dividends from investments
- Wages from a part-time job
- Self-employment income from a lawn-mowing business
Correct answer: Interest and dividends from investments
The kiddie tax applies to a child's unearned income, such as interest and dividends from investments. Earned income like wages or self-employment income is taxed at the child's own rates and is not subject to the kiddie tax.
- A 16-year-old dependent has $3,500 of interest income and no earned income for 2025. Under the kiddie tax structure, how is this unearned income generally treated?
- A portion is offset by the dependent's standard deduction, a portion is taxed at the child's rate, and the remainder at the parents' rate
- All $3,500 is taxed at the parents' rate
- All $3,500 is taxed at a flat 24% rate
- All $3,500 is tax-free
Correct answer: A portion is offset by the dependent's standard deduction, a portion is taxed at the child's rate, and the remainder at the parents' rate
The unearned income is layered: an initial amount is sheltered by the dependent's standard deduction, the next tier is taxed at the child's rate, and unearned income above the kiddie tax threshold is taxed at the parents' marginal rate. This tiered structure is the core of the kiddie tax computation.
- The alternative minimum tax (AMT) is computed by starting with which figure and making adjustments and preferences?
- Alternative minimum taxable income derived from regular taxable income
- Gross income
- Adjusted gross income before deductions
- Total tax liability
Correct answer: Alternative minimum taxable income derived from regular taxable income
The AMT begins with regular taxable income, which is then adjusted by adding back certain preferences and adjustments to reach alternative minimum taxable income (AMTI). The AMT exemption is then applied to AMTI before computing the tentative minimum tax.
- Which item is a common adjustment added back when computing alternative minimum taxable income for an individual?
- State and local taxes deducted on Schedule A
- Home mortgage interest on acquisition debt
- Medical expenses above the AGI floor
- Charitable contributions
Correct answer: State and local taxes deducted on Schedule A
State and local taxes deducted on Schedule A are added back in computing alternative minimum taxable income because they are not deductible for AMT purposes. Charitable contributions and qualifying acquisition mortgage interest are generally allowed for AMT, so they are not added back.
- A taxpayer's tentative minimum tax is $30,000 and regular tax is $26,000. What is the amount of alternative minimum tax owed?
Correct answer: $4,000
The AMT owed is $4,000, the excess of the $30,000 tentative minimum tax over the $26,000 regular tax. The alternative minimum tax is paid only to the extent the tentative minimum tax exceeds the regular tax, so the taxpayer pays the $4,000 difference in addition to regular tax.
- A self-employed individual has net earnings from self-employment of $50,000. Self-employment tax is computed on what percentage of net earnings before applying the SE tax rate?
Correct answer: 92.35%
Self-employment tax is computed on 92.35% of net earnings from self-employment, reflecting an adjustment that mirrors the employer's share of FICA. The net earnings are multiplied by 0.9235 before the 15.3% combined Social Security and Medicare rate is applied.
- Which portion of self-employment tax may a self-employed taxpayer deduct as an adjustment to income?
- The Medicare portion only
- None of the self-employment tax
- One-half of the self-employment tax
- The full amount of self-employment tax
Correct answer: One-half of the self-employment tax
A self-employed taxpayer may deduct one-half of the self-employment tax as an above-the-line adjustment to income. This deduction reflects the employer-equivalent share of the tax and reduces adjusted gross income but not the SE tax itself.
- The Social Security portion of self-employment tax applies only up to an annual wage base. Income above that base is subject to which component?
- Only the Medicare portion
- A flat 15.3% on all amounts
- The federal income tax only
- No further self-employment tax
Correct answer: Only the Medicare portion
Once net self-employment earnings exceed the Social Security wage base, only the Medicare portion of self-employment tax continues to apply. The Social Security component stops at the wage base, while the Medicare component has no ceiling.
- The net investment income tax (NIIT) is imposed at what rate on the lesser of net investment income or the excess of modified AGI over the threshold?
Correct answer: 3.8%
The net investment income tax is imposed at a 3.8% rate. It applies to the lesser of net investment income or the amount by which modified adjusted gross income exceeds the applicable threshold for the taxpayer's filing status.
- Which type of income is generally subject to the net investment income tax?
- Dividends and interest
- Self-employment income
- Wages from employment
- Distributions from a traditional IRA
Correct answer: Dividends and interest
Dividends and interest are net investment income subject to the 3.8% NIIT. Wages and self-employment income are subject to employment taxes instead, and qualified retirement plan and IRA distributions are specifically excluded from net investment income.
- A single taxpayer has modified AGI of $230,000 and net investment income of $40,000, with the NIIT threshold at $200,000. On what amount is the 3.8% net investment income tax imposed?
- $200,000
- $40,000
- $30,000
- $230,000
Correct answer: $30,000
The NIIT applies to $30,000, the lesser of net investment income ($40,000) or the $30,000 excess of modified AGI ($230,000) over the $200,000 threshold. Because the income over the threshold is smaller, the 3.8% tax is applied to $30,000.
- Under the passive activity loss rules, losses from a passive activity may generally be deducted only against which type of income?
- Portfolio income such as dividends
- Wages and salaries
- Income from other passive activities
- Self-employment income
Correct answer: Income from other passive activities
Passive activity losses are generally deductible only against passive activity income, not against wages, portfolio income, or active business income. Disallowed passive losses are suspended and carried forward until there is passive income or the activity is disposed of.
- A taxpayer with $20,000 of suspended passive activity losses sells the entire passive activity in a fully taxable transaction. What happens to the suspended losses?
- They convert to capital losses limited to $3,000
- They are permanently lost
- They must be carried back three years
- They become fully deductible in the year of disposition
Correct answer: They become fully deductible in the year of disposition
On a fully taxable disposition of the entire passive activity, the suspended passive losses become fully deductible, including against nonpassive income. A complete disposition triggers release of the previously suspended losses.
- A taxpayer who actively participates in rental real estate may deduct up to $25,000 of rental losses against nonpassive income. This special allowance phases out as modified AGI rises between which range?
- $150,000 and $200,000
- $100,000 and $150,000
- $50,000 and $75,000
- $200,000 and $250,000
Correct answer: $100,000 and $150,000
The up-to-$25,000 special rental real estate allowance phases out as modified AGI rises from $100,000 to $150,000, reduced by 50 cents per dollar of income over $100,000. It is fully eliminated once modified AGI reaches $150,000.
- The at-risk rules limit a taxpayer's deductible loss from an activity to what amount?
- The taxpayer's adjusted gross income
- Twice the taxpayer's basis
- The fair market value of the activity
- The amount the taxpayer has at risk in the activity
Correct answer: The amount the taxpayer has at risk in the activity
The at-risk rules limit deductible losses to the amount the taxpayer has economically at risk in the activity, which includes cash and the adjusted basis of contributed property plus certain recourse debt. Losses exceeding the at-risk amount are suspended until the taxpayer increases the at-risk basis.
- Which type of financing generally does NOT increase a taxpayer's at-risk amount in an activity?
- The adjusted basis of property the taxpayer contributes
- Cash the taxpayer contributes
- Recourse debt the taxpayer is personally liable for
- Nonrecourse debt for which the taxpayer has no personal liability
Correct answer: Nonrecourse debt for which the taxpayer has no personal liability
Nonrecourse debt for which the taxpayer is not personally liable generally does not increase the at-risk amount, because the taxpayer bears no economic risk of loss for it. Cash, contributed property basis, and recourse debt do increase the at-risk amount (qualified nonrecourse real estate financing is a limited exception).
- A taxpayer exchanges real property held for investment for other real property to be held for investment under Section 1031. What is the general tax effect if no boot is received?
- The entire gain is recognized immediately
- The exchange is fully taxable as ordinary income
- The realized gain is deferred
- A loss is always recognized
Correct answer: The realized gain is deferred
Under Section 1031, the realized gain on a like-kind exchange of real property held for investment is deferred when no boot is received. The gain is postponed and carried into the basis of the replacement property rather than recognized at the time of the exchange.
- After the most recent tax law changes, like-kind exchange treatment under Section 1031 is available for which type of property?
- Stocks and bonds
- Inventory held for sale
- Real property held for investment or business use
- Personal-use vehicles
Correct answer: Real property held for investment or business use
Section 1031 deferral now applies only to real property held for investment or productive use in a trade or business. Personal property, inventory, stocks, and bonds no longer qualify for like-kind exchange treatment after the law was narrowed to real property.
- In a Section 1031 exchange, a taxpayer receives $10,000 of cash boot along with replacement real property and has a realized gain of $40,000. How much gain is recognized?
Correct answer: $10,000
Gain is recognized to the extent of boot received, so $10,000 of the $40,000 realized gain is recognized. The remaining $30,000 of gain is deferred; recognized gain in a like-kind exchange equals the lesser of realized gain or boot received.
- A taxpayer has $25,000 of credit card debt cancelled by the lender outside of bankruptcy and is solvent. What is the general tax treatment of the cancelled debt?
- It is excluded from income
- It is taxed as a capital gain
- It reduces the taxpayer's basis only
- It is taxable as cancellation of debt income
Correct answer: It is taxable as cancellation of debt income
The $25,000 of cancelled debt is generally taxable as cancellation of debt income because the taxpayer is solvent and not in bankruptcy. Forgiveness of a debt generally produces ordinary income unless a specific exclusion, such as insolvency or bankruptcy, applies.
- Which situation allows a taxpayer to exclude cancellation of debt income from gross income?
- The taxpayer is fully solvent
- The discharge occurs in a Title 11 bankruptcy case
- The taxpayer simply chooses not to report it
- The debt was a personal credit card balance with no special circumstances
Correct answer: The discharge occurs in a Title 11 bankruptcy case
Cancellation of debt income may be excluded when the discharge occurs in a Title 11 bankruptcy case. Other exclusions include insolvency to the extent of insolvency, but a solvent taxpayer outside bankruptcy generally must include the cancelled debt in income.
- A taxpayer is insolvent by $8,000 immediately before a lender cancels $12,000 of debt. How much of the cancelled debt is excludable due to insolvency?
Correct answer: $8,000
The taxpayer may exclude $8,000, the amount of insolvency immediately before the cancellation. The insolvency exclusion is limited to the extent the taxpayer's liabilities exceed assets, so the remaining $4,000 of cancelled debt is taxable income.
- For federal tax purposes, how is virtual currency such as Bitcoin generally classified?
- As property
- As a collectible only
- As foreign currency
- As a tax-exempt asset
Correct answer: As property
Virtual currency is treated as property for federal tax purposes, so general property transaction rules apply. A taxpayer who sells or exchanges virtual currency recognizes capital gain or loss based on the difference between the amount realized and the basis.
- A taxpayer purchases virtual currency for $4,000 and later uses it to buy goods when the currency is worth $6,000. What is the tax consequence?
- A $2,000 ordinary loss is recognized
- The transaction is tax-free like cash
- A $2,000 capital gain is recognized
- No gain because it was used to buy goods
Correct answer: A $2,000 capital gain is recognized
The taxpayer recognizes a $2,000 capital gain, the difference between the $6,000 fair market value when spent and the $4,000 basis. Because virtual currency is property, using it to purchase goods is a taxable disposition measured by the change in value.
- A taxpayer receives virtual currency as payment for services performed. How is this receipt treated?
- It is tax-free until the currency is sold
- It is a capital gain when received
- It is excluded as a gift
- It is ordinary income equal to the fair market value when received
Correct answer: It is ordinary income equal to the fair market value when received
Virtual currency received for services is ordinary income equal to its fair market value on the date received, just like cash compensation. That value also becomes the taxpayer's basis for measuring future gain or loss when the currency is later disposed of.
- A taxpayer wishes to deduct unreimbursed qualified medical expenses on Schedule A. These expenses are deductible only to the extent they exceed what percentage of adjusted gross income?
- 7.5% of AGI
- 15% of AGI
- 10% of AGI
- 2% of AGI
Correct answer: 7.5% of AGI
Unreimbursed medical expenses are deductible as an itemized deduction only to the extent they exceed 7.5% of adjusted gross income. Only the portion of qualifying medical costs above that AGI floor may be included on Schedule A.
- Which filing status generally provides the largest standard deduction for 2025?
- Head of household
- Married filing separately
- Married filing jointly
- Single
Correct answer: Married filing jointly
Married filing jointly provides the largest standard deduction, roughly double the single amount. Head of household falls between single and joint, and married filing separately equals the single amount, so the joint return offers the greatest standard deduction.
- A taxpayer files as head of household. Which requirement must be met to qualify for that status?
- The taxpayer must be unmarried and pay more than half the cost of keeping up a home for a qualifying person
- The taxpayer must be married at year-end
- The taxpayer must earn below $50,000
- The taxpayer must have no dependents
Correct answer: The taxpayer must be unmarried and pay more than half the cost of keeping up a home for a qualifying person
Head of household status requires that the taxpayer be unmarried (or considered unmarried) and pay more than half the cost of maintaining a home for a qualifying person for more than half the year. There is no income ceiling, and a qualifying dependent is generally required.
- Which type of income is excluded from gross income for federal individual income tax purposes?
- Interest on most state and local municipal bonds
- Gambling winnings
- Unemployment compensation
- Tips received from customers
Correct answer: Interest on most state and local municipal bonds
Interest on most state and local municipal bonds is excluded from federal gross income. Tips, unemployment compensation, and gambling winnings are all taxable and must be included in gross income on the individual return.
- A taxpayer pays $2,500 of student loan interest during the year and has modified AGI below the phase-out range. What is the maximum student loan interest deduction available?
Correct answer: $2,500
The maximum student loan interest deduction is $2,500 per year, available as an above-the-line adjustment when modified AGI is below the phase-out range. Because the taxpayer paid $2,500 and is below the phase-out, the full $2,500 is deductible.
- A taxpayer contributes appreciated stock held more than one year to a qualified public charity. How is the charitable deduction generally measured?
- At the average of basis and fair market value
- At the fair market value on the date of the gift
- At the taxpayer's cost basis
- At zero because property gifts are not deductible
Correct answer: At the fair market value on the date of the gift
A gift of long-term appreciated stock to a public charity is generally deductible at fair market value on the date of the gift, subject to AGI percentage limits. This avoids recognizing the appreciation as income while allowing a deduction for full value.
- A cash contribution to a qualified public charity by an individual is generally deductible up to what percentage of adjusted gross income?
- 60% of AGI
- 20% of AGI
- 30% of AGI
- 50% of AGI
Correct answer: 60% of AGI
Cash contributions to qualified public charities are generally deductible up to 60% of adjusted gross income. Contributions exceeding the limit may be carried forward for up to five years, but the current-year cash limit is 60% of AGI.
- A married couple filing jointly has two qualifying children under 17 and tax liability lower than their total child tax credit. Which portion of the credit may be refundable to them?
- The entire credit is always refundable
- None of it is refundable
- The additional child tax credit portion
- Only the credit for other dependents
Correct answer: The additional child tax credit portion
When the child tax credit exceeds tax liability, a portion may be refundable as the additional child tax credit, subject to an earned income formula and a per-child cap. This refundable component lets lower-tax families receive part of the credit as a refund.
- A dependent child qualifying for the child tax credit must have which identifying number issued before the return's due date?
- An Employer Identification Number
- A Social Security number
- A Preparer Tax Identification Number
- An Individual Taxpayer Identification Number
Correct answer: A Social Security number
A qualifying child must have a valid Social Security number issued before the due date of the return to be eligible for the child tax credit. An ITIN does not satisfy this requirement for the child tax credit, though it may permit the credit for other dependents.
- For the earned income tax credit, the amount of the credit depends primarily on which two factors?
- Investment income and AGI only
- Age and state of residence
- Earned income and the number of qualifying children
- Filing status and total tax liability
Correct answer: Earned income and the number of qualifying children
The EITC amount depends primarily on the taxpayer's earned income and the number of qualifying children, with separate credit schedules for zero, one, two, and three or more children. The credit rises with earned income to a maximum, then phases out as income increases.
- A childless taxpayer wants to claim the earned income tax credit. Which age requirement generally applies?
- The taxpayer must be at least 18
- There is no age requirement
- The taxpayer must be over 65
- The taxpayer must generally be at least 25 and under 65
Correct answer: The taxpayer must generally be at least 25 and under 65
A taxpayer with no qualifying children must generally be at least age 25 but under age 65 to claim the EITC. The age requirement applies only to childless claimants; taxpayers with qualifying children are not subject to it.
- A taxpayer adopts a child and incurs qualified adoption expenses. How is the adoption credit generally characterized?
- Fully refundable
- Nonrefundable with a carryforward of unused amounts
- Available only for international adoptions
- A deduction rather than a credit
Correct answer: Nonrefundable with a carryforward of unused amounts
The adoption credit is a nonrefundable credit, but unused amounts may be carried forward for up to five years. It applies to qualified adoption expenses for both domestic and foreign adoptions and phases out at higher income levels.
- A taxpayer has two children in daycare so the taxpayer and spouse can work. Which credit may offset a portion of these expenses?
- The child and dependent care credit
- The earned income tax credit
- The child tax credit
- The saver's credit
Correct answer: The child and dependent care credit
The child and dependent care credit offsets a percentage of qualifying care expenses that enable the taxpayer (and spouse, if married) to work or look for work. It is separate from the child tax credit and is based on a percentage of eligible care costs.
- A taxpayer pays qualified tuition for a dependent's first four years of postsecondary education. Which education credit is partially refundable?
- The lifetime learning credit
- The saver's credit
- The foreign tax credit
- The American opportunity tax credit
Correct answer: The American opportunity tax credit
The American opportunity tax credit is partially refundable, with up to 40% refundable, and applies to the first four years of postsecondary education. The lifetime learning credit, by contrast, is entirely nonrefundable.
- A taxpayer reports excess Social Security tax withheld because two employers each withheld the maximum. How is this excess recovered?
- It carries forward to next year
- It is deducted on Schedule A
- It is lost
- It is claimed as a refundable credit on the individual return
Correct answer: It is claimed as a refundable credit on the individual return
Excess Social Security tax withheld by two or more employers is recovered as a refundable credit on the individual return. The credit effectively refunds the over-withholding that occurs when combined wages from multiple employers exceed the Social Security wage base.
- A taxpayer sells a primary residence owned and used as a main home for the last 3 of 5 years and is single. What is the maximum gain exclusion available?
- $125,000
- $500,000
- $250,000
- No exclusion is available
Correct answer: $250,000
A single taxpayer may exclude up to $250,000 of gain on the sale of a principal residence if the ownership and use tests for two of the last five years are met. Married couples filing jointly may exclude up to $500,000 if both meet the use test.
- A married couple filing jointly sells their main home at a $600,000 gain, meeting all ownership and use tests. How much gain is taxable?
- $600,000
- $100,000
- $0
- $300,000
Correct answer: $100,000
The couple may exclude $500,000 of gain, leaving $100,000 taxable as capital gain. The Section 121 exclusion for a jointly owned principal residence is capped at $500,000, so any gain above that is included in income.
- Long-term capital gains and qualified dividends for an individual are taxed at which set of preferential rates?
- 0%, 15%, and 20% depending on income
- 10% and 12% only
- Ordinary income rates
- A flat 25%
Correct answer: 0%, 15%, and 20% depending on income
Long-term capital gains and qualified dividends are taxed at preferential rates of 0%, 15%, or 20%, depending on the taxpayer's taxable income. These rates are generally lower than ordinary income rates that apply to short-term gains and most other income.
- A taxpayer holds a collectible (such as artwork) for more than one year and sells it at a gain. What is the maximum tax rate on this long-term collectible gain?
Correct answer: 28%
Long-term gains on collectibles are subject to a maximum rate of 28%, higher than the usual 0/15/20% rates for most long-term capital gains. This special rate applies to assets such as art, coins, and antiques held more than one year.
- A taxpayer receives a Form 1099-DIV reporting qualified dividends. To be qualified, the underlying stock generally must be held for what minimum period around the ex-dividend date?
- No holding period is required
- More than 60 days during the 121-day window
- One year
- 30 days
Correct answer: More than 60 days during the 121-day window
To be qualified, dividends must come from stock held more than 60 days during the 121-day period beginning 60 days before the ex-dividend date. Failing this holding period causes the dividends to be taxed at ordinary rates instead of the preferential rates.
- A taxpayer makes improvements to a rental property that add $20,000 to the property. How do these capital improvements affect basis?
- They are deducted immediately
- They have no effect on basis
- They increase basis by $20,000
- They decrease basis by $20,000
Correct answer: They increase basis by $20,000
Capital improvements increase the property's adjusted basis by $20,000 because they add value and are not currently deductible repairs. Increasing basis reduces the gain (or increases the loss) recognized when the property is eventually sold.
- How does depreciation claimed on a rental property affect the property's adjusted basis?
- It doubles basis
- It has no effect
- It increases basis
- It decreases basis
Correct answer: It decreases basis
Depreciation deductions reduce the adjusted basis of the property because they represent a recovery of cost over time. A lower adjusted basis increases the gain recognized on sale, and the depreciation taken may be subject to recapture.
- A taxpayer receives property in a divorce settlement from a former spouse incident to the divorce. What basis does the receiving spouse take in the property?
- Fair market value on the date of transfer
- Zero basis
- The average of cost and fair market value
- The transferring spouse's adjusted basis (carryover basis)
Correct answer: The transferring spouse's adjusted basis (carryover basis)
Property transferred between spouses incident to a divorce is received with a carryover basis equal to the transferor's adjusted basis. The transfer itself is generally nontaxable, and the receiving spouse steps into the transferor's basis.
- A taxpayer sells gifted property at a price below both the donor's basis and the property's fair market value at the date of the gift. Which basis is used to compute the loss?
- The fair market value at the date of the gift
- The selling price
- The donor's adjusted basis
- The average of basis and fair market value
Correct answer: The fair market value at the date of the gift
For a loss on gifted property, the basis used is the lower of the donor's adjusted basis or the fair market value at the date of the gift, which here is the fair market value. This dual-basis rule for gifts can produce no gain or loss in a middle range between the two figures.
- A taxpayer turned 73 last year and properly took the first RMD by April 1 of this year. By when must this year's RMD also be taken?
- April 15 of next year
- December 31 of this year
- No further RMD is required this year
- April 1 of next year
Correct answer: December 31 of this year
Although the first RMD could be deferred to April 1, the second-year RMD must be taken by December 31 of the same year. This means a taxpayer who delays the first distribution must take two RMDs in that year, with all later RMDs due by year-end.
- How is a required minimum distribution from a traditional IRA generally taxed when the account holds only pre-tax contributions?
- It is taxed as ordinary income
- It is taxed as a long-term capital gain
- It is tax-free
- It is subject to a flat 10% penalty
Correct answer: It is taxed as ordinary income
A required minimum distribution from a traditional IRA funded entirely with pre-tax dollars is taxed as ordinary income. The previously untaxed contributions and earnings are included in income when distributed, taxed at the taxpayer's ordinary rates.
- A taxpayer who is age 72 and still working wishes to make a qualified charitable distribution from an IRA. What is the maximum tax benefit of a QCD?
- It must be itemized to provide any benefit
- It is fully taxable but generates a credit
- It is always taxed at capital gains rates
- It is excluded from income up to the annual QCD limit
Correct answer: It is excluded from income up to the annual QCD limit
A qualified charitable distribution allows an IRA owner age 70½ or older to exclude from income amounts transferred directly to a qualified charity, up to the annual QCD limit. The excluded amount can also count toward the RMD, providing a benefit even for nonitemizers.
- For 2025, what is a key contribution feature of a Roth IRA compared to a traditional IRA for older taxpayers?
- Roth IRAs cap contributions at half the traditional limit
- Roth IRAs prohibit contributions after age 70½
- Roth IRAs allow contributions at any age if the taxpayer has compensation
- Roth IRAs require minimum distributions at age 73
Correct answer: Roth IRAs allow contributions at any age if the taxpayer has compensation
Roth IRA contributions may be made at any age as long as the taxpayer has compensation and income is within limits. Traditional IRAs now also allow contributions at any age, but the absence of lifetime RMDs is a key Roth advantage for older taxpayers.
- A high-income taxpayer is barred from contributing directly to a Roth IRA because of income limits. Which strategy may still allow Roth funding?
- A backdoor Roth using a nondeductible traditional IRA contribution followed by conversion
- Doubling the traditional IRA limit
- A direct Roth contribution is always allowed
- Contributing to a spouse's account only
Correct answer: A backdoor Roth using a nondeductible traditional IRA contribution followed by conversion
A backdoor Roth involves making a nondeductible traditional IRA contribution and then converting it to a Roth IRA, which is not subject to the direct Roth income limits. The pro-rata rule applies to the conversion if the taxpayer holds other pre-tax IRA balances.
- A 40-year-old taxpayer withdraws $5,000 of earnings from a Roth IRA that has been open only two years, not for a qualified reason. What is the tax result on the earnings?
- The earnings are taxable and may also face a 10% early distribution penalty
- Nothing is taxable because Roth withdrawals are always tax-free
- Only the penalty applies, not income tax
- The earnings are tax-free
Correct answer: The earnings are taxable and may also face a 10% early distribution penalty
Because the distribution of earnings is nonqualified (the account is under five years old and the taxpayer is under 59½), the earnings are taxable and may incur a 10% early distribution penalty. Roth contributions can come out tax-free, but earnings require a qualified distribution to escape tax.
- A donor makes a gift of a future interest in property to a beneficiary. What is the gift tax effect regarding the annual exclusion?
- Only half the annual exclusion applies
- The annual exclusion applies fully
- The annual exclusion does not apply to gifts of future interests
- The gift is automatically tax-free
Correct answer: The annual exclusion does not apply to gifts of future interests
The gift tax annual exclusion is available only for gifts of a present interest, so a gift of a future interest does not qualify for the exclusion. The entire value of a future-interest gift is therefore a taxable gift, even if it falls within the annual exclusion amount.
- How does a taxable gift affect a donor's lifetime estate and gift tax exemption?
- It only affects the recipient's exemption
- It has no effect on the exemption
- It increases the lifetime exemption
- It reduces the remaining lifetime exemption available at death
Correct answer: It reduces the remaining lifetime exemption available at death
Taxable gifts that exceed the annual exclusion reduce the donor's remaining unified lifetime estate and gift tax exemption. The gift and estate taxes share a single unified exemption, so using exemption during life leaves less available to shelter the estate at death.
- A decedent's estate includes a $2 million life insurance policy on the decedent's life that the decedent owned. How is the policy treated for estate tax?
- Included at only half its value
- Excluded because life insurance is always exempt
- Taxed to the beneficiary as income
- Included in the gross estate because the decedent held incidents of ownership
Correct answer: Included in the gross estate because the decedent held incidents of ownership
Life insurance proceeds are included in the gross estate when the decedent held incidents of ownership, such as the right to change the beneficiary, in the policy. The full $2 million death benefit is included, though it is generally income-tax-free to the beneficiary.
- For estate tax, the taxable estate is computed by reducing the gross estate by which of the following?
- The decedent's lifetime gifts
- The standard deduction
- Allowable deductions such as debts, funeral expenses, and the marital deduction
- The beneficiary's income
Correct answer: Allowable deductions such as debts, funeral expenses, and the marital deduction
The taxable estate equals the gross estate reduced by allowable deductions, including debts, funeral and administration expenses, casualty losses, charitable bequests, and the marital deduction. These deductions narrow the gross estate to the amount subject to estate tax.
- A 17-year-old dependent has $5,000 of wages from a summer job and $200 of interest income. Is the kiddie tax likely to apply, and why?
- Yes, because the child has wages
- No, because dependents are never subject to the kiddie tax
- Yes, because total income exceeds $5,000
- No, because the unearned income is below the kiddie tax threshold
Correct answer: No, because the unearned income is below the kiddie tax threshold
The kiddie tax is unlikely to apply because the child's unearned income of $200 is far below the kiddie tax threshold. The $5,000 of wages is earned income, which is never subject to the kiddie tax, so only the small unearned amount is tested.
- For purposes of the kiddie tax age test, the rules can apply to a child under what age if the child is a full-time student and does not provide more than half of their own support?
- Under 24
- Under 19
- Under 18
- Under 27
Correct answer: Under 24
The kiddie tax can apply to a full-time student under age 24 who does not provide more than half of their own support from earned income. For non-students, the age limit is generally under 18 or under 19, but the student rule extends the reach to under 24.
- Which of the following is most likely to cause a taxpayer to owe alternative minimum tax?
- High wages with standard deduction
- Tax-exempt municipal bond interest from a public-purpose bond
- A large amount of state and local tax deductions and miscellaneous adjustments
- Large charitable contributions
Correct answer: A large amount of state and local tax deductions and miscellaneous adjustments
Large state and local tax deductions and other adjustments commonly trigger the AMT because these items are added back to taxable income for AMT purposes. Charitable contributions and standard public-purpose municipal interest generally do not increase AMT exposure.
- The exercise of an incentive stock option (ISO) without selling the stock creates which AMT consequence in the year of exercise?
- The option is treated as ordinary wages immediately
- The full sale price is taxed
- No AMT effect
- The bargain element is an AMT preference item
Correct answer: The bargain element is an AMT preference item
When an incentive stock option is exercised and the stock is held, the bargain element (fair market value minus exercise price) is an AMT preference item even though it is not regular taxable income that year. This can generate alternative minimum tax in the year of exercise.
- An individual reports net earnings from self-employment of $0 from one business but a $10,000 net loss from another self-employment activity. How does the loss affect self-employment tax?
- It has no effect on self-employment tax
- It creates a refundable credit
- Self-employment losses reduce net earnings from self-employment, potentially to zero
- It increases self-employment tax
Correct answer: Self-employment losses reduce net earnings from self-employment, potentially to zero
A net loss from one self-employment activity reduces aggregate net earnings from self-employment, which can lower or eliminate the self-employment tax base. Self-employment tax is computed on the combined net earnings, so losses offset profits in determining the tax.
- Which taxpayer is subject to self-employment tax?
- A sole proprietor with net profit from a Schedule C business
- An employee receiving only W-2 wages
- A passive investor receiving dividends
- A retiree receiving only Social Security
Correct answer: A sole proprietor with net profit from a Schedule C business
A sole proprietor with net profit reported on Schedule C is subject to self-employment tax on those earnings. W-2 employees pay FICA through withholding instead, and passive investment income and Social Security benefits are not subject to self-employment tax.
- The additional Medicare tax of 0.9% applies to wages and self-employment income above a threshold. For a single taxpayer, that threshold is which amount?
- $200,000
- $400,000
- $125,000
- $250,000
Correct answer: $200,000
The 0.9% additional Medicare tax applies to a single taxpayer's wages and self-employment income above $200,000 ($250,000 for married filing jointly). It is layered on top of the regular Medicare tax for high earners.
- Which of the following is generally NOT included in net investment income for the 3.8% tax?
- Capital gains
- Wages from employment
- Rental income
- Taxable interest
Correct answer: Wages from employment
Wages from employment are not net investment income, so they are not subject to the 3.8% net investment income tax (they may face additional Medicare tax instead). Rental income, interest, and capital gains are generally investment income subject to the NIIT.
- A married couple filing jointly has net investment income of $20,000 and modified AGI of $260,000. The NIIT threshold for joint filers is $250,000. What is the NIIT?
Correct answer: $380
The NIIT is $380, computed as 3.8% of $10,000, the lesser of net investment income ($20,000) or the excess of modified AGI over the threshold ($260,000 minus $250,000). Because the income over the threshold is smaller, the tax applies to that $10,000.
- A taxpayer materially participates in a business activity. How are losses from that activity treated under the passive activity rules?
- They convert to capital losses
- They are generally not passive and may offset other income
- They are passive losses limited to passive income
- They are always suspended
Correct answer: They are generally not passive and may offset other income
When a taxpayer materially participates, the activity is not passive, so its losses are generally active and may offset other types of income. Material participation removes the activity from the passive loss limitation rules entirely.
- Which of the following is generally treated as a passive activity regardless of participation?
- Portfolio interest income
- Most rental real estate activities
- A trade or business in which the taxpayer materially participates
- A taxpayer's primary salaried job
Correct answer: Most rental real estate activities
Most rental real estate activities are treated as passive by default, regardless of the level of participation, unless the taxpayer qualifies as a real estate professional. This default passive characterization is a key feature of the passive activity rules.
- A taxpayer has an amount at risk of $5,000 in an activity and incurs a $7,000 loss. How much of the loss is currently deductible under the at-risk rules?
Correct answer: $5,000
Only $5,000 is currently deductible, limited to the taxpayer's at-risk amount. The remaining $2,000 is suspended and may be deducted in a future year if the taxpayer increases the amount at risk in the activity.
- After applying the at-risk rules, which limitation must a taxpayer apply next to determine the deductible loss from a passive activity?
- The standard deduction limit
- The passive activity loss rules
- The medical expense floor
- The capital loss limit
Correct answer: The passive activity loss rules
After the at-risk limitation, the passive activity loss rules are applied to determine the currently deductible loss. The ordering generally moves from basis to at-risk to passive activity limitations, each potentially reducing the loss further.
- To fully defer gain in a Section 1031 exchange, the replacement real property must generally be identified within how many days after transferring the relinquished property?
- 90 days
- 180 days
- 30 days
- 45 days
Correct answer: 45 days
In a deferred like-kind exchange, the taxpayer must identify replacement real property within 45 days of transferring the relinquished property. This identification period is one of two strict deadlines that must be met to qualify for gain deferral.
- In a deferred Section 1031 exchange, the replacement property must be received within how many days after the transfer of the relinquished property?
- 90 days
- 180 days
- 365 days
- 45 days
Correct answer: 180 days
The replacement property must be received within 180 days of transferring the relinquished property (or by the return due date, including extensions, if earlier). Missing this exchange period causes the transaction to fail as a like-kind exchange.
- A taxpayer's qualified principal residence indebtedness is partially forgiven in a 2025 mortgage workout. What is the general tax treatment under the qualified principal residence exclusion if it applies?
- Always fully taxable
- Treated as a gift
- Excludable from income up to the applicable limit
- Taxed as capital gain
Correct answer: Excludable from income up to the applicable limit
Cancellation of qualified principal residence indebtedness may be excluded from income up to the applicable statutory limit when the exclusion applies. This special exclusion targets debt forgiven on a taxpayer's main home, reducing or eliminating the cancellation of debt income.
- When cancellation of debt income is excluded due to bankruptcy or insolvency, what must the taxpayer generally do as a tradeoff?
- File an amended prior-year return
- Reduce certain tax attributes such as net operating losses or basis
- Pay a 10% excise tax
- Recognize the income next year
Correct answer: Reduce certain tax attributes such as net operating losses or basis
When COD income is excluded under bankruptcy or insolvency, the taxpayer must reduce tax attributes such as net operating losses, credits, and asset basis. This attribute reduction preserves the deferral concept by lowering future tax benefits in exchange for the current exclusion.
- A taxpayer exchanges one type of virtual currency for a different type of virtual currency. What is the tax consequence?
- It is a taxable exchange, with gain or loss measured by the difference between value and basis
- No taxable event occurs
- It is treated as a tax-free conversion of currency
- It qualifies as a like-kind exchange
Correct answer: It is a taxable exchange, with gain or loss measured by the difference between value and basis
Exchanging one virtual currency for another is a taxable disposition because virtual currency is property and like-kind exchange treatment does not apply to it. Gain or loss equals the difference between the fair market value received and the basis of the currency given up.
- A taxpayer must answer the digital asset question on Form 1040. In which situation must the taxpayer check 'Yes'?
- The taxpayer only held virtual currency without any transaction
- The taxpayer sold or exchanged virtual currency during the year
- The taxpayer merely transferred currency between their own wallets
- The taxpayer never owned any digital assets
Correct answer: The taxpayer sold or exchanged virtual currency during the year
A taxpayer must check 'Yes' on the digital asset question when they sold, exchanged, or otherwise disposed of a digital asset during the year. Simply holding currency or moving it between one's own wallets generally does not require a 'Yes' answer.
- A married couple files separate returns. One spouse itemizes deductions. What is the effect on the other spouse's standard deduction?
- The other spouse may still claim the full standard deduction
- Both spouses must itemize equally
- The other spouse's standard deduction is reduced to zero
- The other spouse must take double the standard deduction
Correct answer: The other spouse's standard deduction is reduced to zero
When married taxpayers file separately and one spouse itemizes, the other spouse's standard deduction becomes zero and that spouse must also itemize. The rule prevents one spouse from itemizing while the other claims a standard deduction.
- A taxpayer incurs a casualty loss from a federally declared disaster. How is such a personal casualty loss generally treated for individuals after recent law changes?
- Never deductible
- Deductible as an itemized deduction subject to per-event and AGI floors
- Deductible only as a business expense
- Fully deductible without limitation
Correct answer: Deductible as an itemized deduction subject to per-event and AGI floors
Personal casualty losses are generally deductible only if attributable to a federally declared disaster, subject to a per-event floor and a percentage-of-AGI floor. Non-disaster personal casualty losses are generally not deductible under current law.
- A taxpayer pays $9,000 of home mortgage interest on acquisition debt and $1,500 of investment interest expense. The investment interest deduction is generally limited to which amount?
- AGI multiplied by 2%
- Net investment income for the year
- The full $1,500 regardless of income
- Half of investment interest
Correct answer: Net investment income for the year
The investment interest expense deduction is limited to the taxpayer's net investment income for the year, with any excess carried forward. Home mortgage interest follows separate rules, but investment interest is capped at net investment income.
- A taxpayer's wages are subject to federal income tax withholding. How is the amount withheld treated on the individual return?
- As a payment credited against the total tax liability
- As an itemized deduction
- As tax-exempt income
- As an adjustment to AGI
Correct answer: As a payment credited against the total tax liability
Federal income tax withheld from wages is treated as a payment credited against the taxpayer's total tax liability. If withholding plus other payments exceed the tax owed, the excess is refunded; if less, the taxpayer owes the balance.
- Which item is included in a taxpayer's gross income?
- Cancellation of a personal debt while solvent
- A gift from a relative
- Workers' compensation for a job injury
- Child support received
Correct answer: Cancellation of a personal debt while solvent
Cancellation of a personal debt while solvent is included in gross income as cancellation of debt income. Child support, gifts, and workers' compensation for job-related injuries are all specifically excluded from gross income.
- A self-employed taxpayer estimates owing $8,000 in tax for the year with no withholding. To avoid an underpayment penalty, the taxpayer generally should do which of the following?
- Wait and pay the entire amount by the return due date
- Increase itemized deductions
- File for an automatic extension to pay
- Make quarterly estimated tax payments
Correct answer: Make quarterly estimated tax payments
A self-employed taxpayer with no withholding generally should make quarterly estimated tax payments to avoid an underpayment penalty. The pay-as-you-go system requires income tax and self-employment tax to be paid throughout the year through estimates.
- A taxpayer receives $1,200 of jury duty pay and remits it to their employer because the employer continued paying salary. How is this handled?
- The jury pay is excluded entirely
- The jury pay is included in income and an offsetting adjustment is taken for the amount given to the employer
- The jury pay reduces itemized deductions
- The jury pay is a credit
Correct answer: The jury pay is included in income and an offsetting adjustment is taken for the amount given to the employer
Jury duty pay is included in gross income, but when it is turned over to an employer that continued the taxpayer's salary, an offsetting above-the-line adjustment is allowed. This nets the income to zero while properly reflecting both amounts.
- A taxpayer receives a state income tax refund in the current year after deducting state income taxes as an itemized deduction in the prior year. How is the refund treated?
- Treated as a gift
- Taxable to the extent it provided a tax benefit in the prior year
- Always fully excluded
- Taxed as a capital gain
Correct answer: Taxable to the extent it provided a tax benefit in the prior year
A state income tax refund is taxable in the year received to the extent the prior deduction produced a tax benefit, under the tax benefit rule. If the taxpayer took the standard deduction or received no benefit, the refund is not taxable.
- A taxpayer receives Social Security benefits and has substantial other income. What portion of the benefits may be taxable?
Correct answer: Up to 85%
Up to 85% of Social Security benefits may be included in taxable income for higher-income recipients, based on a provisional income calculation. Lower-income taxpayers may include none or up to 50%, but the maximum taxable portion is 85%.
- A 50-year-old taxpayer contributes to a traditional IRA. Which feature allows a larger contribution than for a younger taxpayer?
- An employer match
- A spousal contribution
- A catch-up contribution for those age 50 and older
- A rollover contribution
Correct answer: A catch-up contribution for those age 50 and older
Taxpayers age 50 and older may make an additional catch-up contribution above the regular IRA limit. This catch-up feature lets older taxpayers contribute more to help build retirement savings as they near retirement age.
- A taxpayer has earned income of $3,000 for the year and wants to contribute to an IRA. What limits the contribution?
- There is no limit
- The contribution must equal AGI
- The contribution is limited to the lesser of the annual dollar limit or earned income
- The contribution is capped at $1,000
Correct answer: The contribution is limited to the lesser of the annual dollar limit or earned income
An IRA contribution is limited to the lesser of the annual dollar limit or the taxpayer's earned compensation, so with only $3,000 of earned income the contribution cannot exceed $3,000. Compensation is required to support an IRA contribution.
- A taxpayer takes a $15,000 distribution from a traditional IRA at age 50 to pay general living expenses. What additional tax generally applies?
- A 25% excise tax
- A 10% early distribution penalty
- A 6% excess contribution tax
- No additional tax
Correct answer: A 10% early distribution penalty
A distribution before age 59½ for general living expenses generally triggers a 10% early distribution penalty in addition to ordinary income tax. Certain exceptions, such as first-time homebuyer or higher education costs, can waive the penalty, but general expenses do not qualify.
- Which exception allows a taxpayer to avoid the 10% early distribution penalty on an IRA withdrawal before age 59½?
- Using the funds for a vacation
- A qualified first-time home purchase up to the dollar limit
- Paying off credit cards
- Buying a second investment property
Correct answer: A qualified first-time home purchase up to the dollar limit
A qualified first-time home purchase, up to a lifetime dollar limit, is an exception that avoids the 10% early distribution penalty. Other exceptions include qualified higher education expenses and certain medical costs, but general consumer spending is not excepted.
- A taxpayer must compute the tax on a lump-sum distribution from a qualified plan that includes after-tax employee contributions. How are the after-tax contributions treated?
- Subject to the 10% penalty
- Recovered tax-free as basis
- Taxed at capital gains rates
- Fully taxable again
Correct answer: Recovered tax-free as basis
After-tax employee contributions in a qualified plan represent basis and are recovered tax-free when distributed. Only the earnings and pre-tax amounts are taxable, so the previously taxed contributions are not taxed a second time.
- A taxpayer reports rental income and expenses on which schedule of the individual return?
- Schedule E
- Schedule C
- Schedule D
- Schedule SE
Correct answer: Schedule E
Rental real estate income and expenses are reported on Schedule E, Supplemental Income and Loss. Schedule C is for self-employment business income, Schedule D for capital gains, and Schedule SE for self-employment tax.
- A real estate professional materially participates in rental activities. How are the rental losses treated for this taxpayer?
- They are always suspended
- They are passive and limited to passive income
- They convert to capital losses
- They may be treated as nonpassive and deducted against other income
Correct answer: They may be treated as nonpassive and deducted against other income
A qualifying real estate professional who materially participates may treat rental losses as nonpassive, allowing them to offset other income. This exception removes the default passive treatment that applies to most rental activities.
- A taxpayer received unemployment compensation of $7,000 during the year. How is this amount treated for federal income tax?
- Fully excluded from income
- Fully included in gross income
- Included only to the extent it exceeds $2,400
- Taxed at capital gains rates
Correct answer: Fully included in gross income
Unemployment compensation is fully included in gross income for federal tax purposes. There is no general exclusion under current law, so the entire $7,000 is taxable and reported on the individual return.
- A taxpayer receives a $50,000 life insurance death benefit as the named beneficiary. How is this amount generally treated?
- Generally excluded from gross income
- Fully taxable as ordinary income
- Taxed as a capital gain
- Subject to self-employment tax
Correct answer: Generally excluded from gross income
Life insurance proceeds paid by reason of the insured's death are generally excluded from the beneficiary's gross income. Although the proceeds may be includible in the decedent's estate, they are typically income-tax-free to the beneficiary.
- A taxpayer wins $4,000 gambling and has $1,000 of documented gambling losses. How are these treated for a taxpayer who itemizes?
- $4,000 is included in income and $1,000 of losses is deductible as an itemized deduction
- Only the net $3,000 is reported
- Both are ignored
- Losses are deducted above the line
Correct answer: $4,000 is included in income and $1,000 of losses is deductible as an itemized deduction
Gambling winnings of $4,000 are fully included in income, and gambling losses up to the amount of winnings ($1,000 here) are deductible as an itemized deduction. Losses cannot be netted against winnings on the income line and cannot exceed reported winnings.
- A taxpayer pays $3,000 in real estate property tax and $5,000 in state income tax for a total of $8,000. The 2025 SALT cap is $40,000. How much is deductible on Schedule A?
- $5,000
- $3,000
- $10,000
- $8,000
Correct answer: $8,000
The full $8,000 is deductible because the combined state income and property taxes are below the $40,000 SALT cap (the limit for 2025 under the One Big Beautiful Bill Act). The cap limits the deduction only when total state and local taxes exceed $40,000, which is not the case here.
- A taxpayer claims the child tax credit for a 10-year-old qualifying child but has very low tax liability. The refundable additional child tax credit is generally computed using which figure?
- Investment income
- A percentage of earned income above a threshold
- Total tax liability
- AGI multiplied by 50%
Correct answer: A percentage of earned income above a threshold
The additional (refundable) child tax credit is generally computed as a percentage of earned income above a specified threshold, subject to a per-child cap. This earned income formula determines how much of the otherwise nonrefundable credit can be refunded.
- A married couple filing jointly claims the EITC with two qualifying children. Which document failure would most likely make the IRS deny the credit?
- Failing to itemize deductions
- Failing to establish that the children meet the relationship, age, and residency tests
- Failing to attach a Schedule A
- Failing to report tax-exempt interest
Correct answer: Failing to establish that the children meet the relationship, age, and residency tests
The IRS will most likely deny the EITC if the taxpayer cannot establish that the children meet the relationship, age, and residency tests for qualifying children. These eligibility tests are central to the credit, and the IRS scrutinizes them closely due to error rates.
- A taxpayer who improperly claimed the EITC due to reckless disregard of the rules may face which consequence?
- Loss of the standard deduction
- Automatic criminal prosecution
- No consequence beyond repaying the credit
- A ban from claiming the EITC for a period of years
Correct answer: A ban from claiming the EITC for a period of years
A taxpayer who claims the EITC due to reckless or intentional disregard of the rules can be barred from claiming the credit for a period of years (and longer for fraud). This ban is in addition to repaying the disallowed credit with penalties and interest.
- A married couple files jointly and one spouse has $1,000 of foreign tax paid on dividends. The credit on Form 1116 is claimed instead of the deduction because a credit generally provides what advantage?
- It is always deductible above the line
- It is refundable
- It avoids reporting the foreign income
- It reduces tax dollar-for-dollar rather than reducing taxable income
Correct answer: It reduces tax dollar-for-dollar rather than reducing taxable income
A foreign tax credit reduces U.S. tax dollar-for-dollar, which is generally more valuable than a deduction that only reduces taxable income. This direct offset is why most taxpayers elect the credit rather than deducting foreign taxes on Schedule A.
- Unused foreign tax credits that exceed the current-year limitation may generally be handled how?
- They may be carried back one year and forward ten years
- They convert to a deduction automatically
- They are permanently lost
- They must be refunded by the foreign country
Correct answer: They may be carried back one year and forward ten years
Foreign tax credits exceeding the annual limitation may generally be carried back one year and carried forward up to ten years. This carryover relieves the timing mismatch when foreign taxes exceed the U.S. tax on foreign income in a given year.
- A taxpayer sells inherited stock six months after the decedent's death at a gain. How is the gain characterized for holding period purposes?
- Short-term because it was held under one year
- Ordinary income
- Tax-exempt
- Long-term regardless of how long the heir held it
Correct answer: Long-term regardless of how long the heir held it
Gain on inherited property is automatically treated as long-term regardless of how long the heir actually held it. The special rule deems inherited assets to have a long-term holding period, so the six-month holding does not make it short-term.
- A taxpayer donates $600 in cash to a qualified charity and wants to substantiate the gift. What documentation is generally required?
- A bank record or written acknowledgment from the charity
- A Form 1099
- No documentation is needed
- An appraisal
Correct answer: A bank record or written acknowledgment from the charity
Cash contributions must be substantiated by a bank record or a written communication from the charity, and gifts of $250 or more require a contemporaneous written acknowledgment. Without proper substantiation, the deduction can be disallowed.
- A taxpayer's home is used partly as a qualified home office for a Schedule C business. How are home office expenses generally treated?
- They are itemized deductions on Schedule A
- They may be deducted against the business income on Schedule C, subject to limits
- They reduce capital gains only
- They are never deductible
Correct answer: They may be deducted against the business income on Schedule C, subject to limits
Qualified home office expenses for a self-employed taxpayer are deducted against business income on Schedule C, subject to income limitations and exclusive-use requirements. The deduction can use either actual expenses or a simplified square-footage method.
- A taxpayer receives a $1,000 award for outstanding civic achievement and immediately keeps the cash. How is the prize treated?
- Treated as a gift
- Taxed at capital gains rates
- Excluded from income
- Included in gross income
Correct answer: Included in gross income
Prizes and awards are generally included in gross income at fair market value, so the $1,000 award is taxable. A narrow exclusion exists only when the recipient is selected without entering, does not perform future services, and assigns the award directly to charity.
- A taxpayer receives qualified dividends and long-term capital gains while in the lowest tax brackets. What rate may apply to these amounts?
Correct answer: 0%
Qualified dividends and long-term capital gains may be taxed at 0% for taxpayers whose taxable income falls within the lowest brackets. This preferential 0% rate is one of the three preferential capital gain rates (0%, 15%, 20%).
- A taxpayer sells real property used in a trade or business at a gain after holding it more than one year. Depreciation previously claimed may be subject to which treatment on a portion of the gain?
- Tax-free recovery
- Ordinary loss treatment
- Unrecaptured Section 1250 gain taxed at a maximum 25% rate
- A flat 10% penalty
Correct answer: Unrecaptured Section 1250 gain taxed at a maximum 25% rate
Gain attributable to prior depreciation on Section 1250 real property is unrecaptured Section 1250 gain, taxed at a maximum 25% rate. This carves out the depreciation-related portion of the gain from the lower long-term capital gain rates.
- A taxpayer makes nondeductible contributions to a traditional IRA over several years. Which form tracks the basis of these nondeductible contributions?
- Form 2848
- Form 1116
- Form 8606
- Form 709
Correct answer: Form 8606
Form 8606 tracks the basis from nondeductible traditional IRA contributions. This basis ensures that the previously taxed contributions are not taxed again when distributed, with the taxable portion of distributions determined on a pro-rata basis.
- A taxpayer inherits a traditional IRA from a non-spouse who died after the SECURE Act effective date. Under the general rule, the inherited IRA must usually be emptied within what period?
- 1 year
- 5 years
- The beneficiary's life expectancy
- 10 years
Correct answer: 10 years
Most non-spouse beneficiaries must fully distribute an inherited IRA within 10 years following the original owner's death under the SECURE Act rules. Certain eligible designated beneficiaries may still use a life-expectancy stretch, but the general rule is the 10-year period.
- A surviving spouse inherits the deceased spouse's traditional IRA. Which option is uniquely available to a spousal beneficiary?
- A 10% penalty on all withdrawals
- Treating the IRA as the spouse's own IRA
- A mandatory 5-year payout
- Conversion to a C corporation
Correct answer: Treating the IRA as the spouse's own IRA
A surviving spouse may elect to treat the inherited IRA as their own, an option not available to non-spouse beneficiaries. This allows the spouse to use their own required beginning date and contribution rules rather than the inherited-account distribution rules.
- A donor gives $50,000 to a single individual in a year when the annual exclusion is $19,000. Assuming no gift splitting, what is the amount of the taxable gift before applying the lifetime exemption?
Correct answer: $31,000
The taxable gift is $31,000, computed as the $50,000 gift minus the $19,000 annual exclusion. The excess over the annual exclusion is a taxable gift that reduces the donor's lifetime exemption, though no tax is due until the exemption is exhausted.
- A taxpayer makes a gift of $19,000 to each of three different individuals in a year when the annual exclusion is $19,000. What is the total taxable gift amount?
Correct answer: $0
The total taxable gift is $0 because each gift is within the $19,000 annual exclusion and the exclusion applies separately to each donee. There is no aggregate limit across donees, so three full-exclusion gifts produce no taxable gift.
- For 2025, the federal estate tax uses a unified credit that effectively shelters estates below a high exemption amount. Estates above that exemption are taxed at a top rate of what percentage?
Correct answer: 40%
The federal estate tax has a top marginal rate of 40% on amounts above the exemption. The unified credit shelters estates below the exemption, but the portion exceeding it is taxed at rates climbing to the 40% maximum.
- A surviving spouse wishes to use the deceased spouse's unused estate tax exemption. This portability of the unused exemption is elected by doing what?
- Filing a gift tax return
- Filing an estate tax return for the first spouse to die
- Amending the survivor's income tax return
- No action is required
Correct answer: Filing an estate tax return for the first spouse to die
Portability of a deceased spouse's unused exemption is elected by timely filing an estate tax return (Form 706) for the first spouse to die, even if no tax is owed. This lets the surviving spouse add the unused exemption to their own.
- A child subject to the kiddie tax has both earned and unearned income. Which portion of the child's income is potentially taxed at the parents' rate?
- All income
- The standard deduction amount
- The earned income
- The net unearned income above the threshold
Correct answer: The net unearned income above the threshold
Only the child's net unearned income above the kiddie tax threshold is potentially taxed at the parents' marginal rate. Earned income and the sheltered tiers of unearned income are taxed at the child's own rates, not the parents'.
- A taxpayer pays AMT in the current year due to a timing item such as ISO exercise. What may be available in future years to offset regular tax?
- An additional standard deduction
- A foreign tax credit carryback
- A minimum tax credit (AMT credit) for timing differences
- A refundable AMT credit
Correct answer: A minimum tax credit (AMT credit) for timing differences
AMT paid due to timing differences, such as ISO exercises, may generate a minimum tax credit usable to offset regular tax in future years. This credit recovers AMT attributable to timing items once regular tax exceeds tentative minimum tax.
- A taxpayer's regular tax exceeds the tentative minimum tax for the year. What is the AMT liability?
- Half of the regular tax
- The difference between the two figures
- Zero, because AMT applies only when tentative minimum tax exceeds regular tax
- The full tentative minimum tax
Correct answer: Zero, because AMT applies only when tentative minimum tax exceeds regular tax
When regular tax exceeds tentative minimum tax, there is no AMT liability because AMT equals only the excess of tentative minimum tax over regular tax. With regular tax higher, that excess is zero, so no alternative minimum tax is owed.
- A statutory employee receives a Form W-2 with the statutory employee box checked. How is the income reported?
- On Schedule C, but not subject to self-employment tax
- As tax-exempt income
- On Schedule A
- On Schedule D
Correct answer: On Schedule C, but not subject to self-employment tax
A statutory employee reports income on Schedule C and may deduct related business expenses there, but the wages are already subject to Social Security and Medicare withholding, so they are not subject to self-employment tax. This hybrid treatment distinguishes statutory employees from ordinary self-employed individuals.
- A general partner receives a distributive share of partnership ordinary trade or business income. How is this income generally treated for the individual partner's employment taxes?
- Exempt from all employment taxes
- Treated as a capital gain
- Subject to FICA withholding by the partnership
- Subject to self-employment tax
Correct answer: Subject to self-employment tax
A general partner's distributive share of ordinary trade or business income is generally subject to self-employment tax on the individual's return. Unlike an employee, a general partner pays self-employment tax rather than having FICA withheld by the entity.
- A taxpayer has net investment income consisting of interest, dividends, and net capital gains. Which deduction may reduce net investment income for the NIIT calculation?
- Mortgage interest on a primary home
- Investment expenses properly allocable to the investment income
- The standard deduction
- Charitable contributions
Correct answer: Investment expenses properly allocable to the investment income
Investment expenses properly allocable to the income, such as investment interest expense, reduce net investment income for the 3.8% NIIT. The tax applies to net investment income after subtracting allocable deductions, not gross investment income.
- Income from a trade or business in which the taxpayer materially participates is generally treated how for net investment income tax purposes?
- Always subject to NIIT
- Subject to NIIT only above $1 million
- Generally not subject to NIIT
- Subject to NIIT at half the rate
Correct answer: Generally not subject to NIIT
Income from a trade or business in which the taxpayer materially participates and that is not a trading business is generally excluded from net investment income. The NIIT mainly targets passive and portfolio income rather than active business earnings.
- A taxpayer has $30,000 of suspended passive losses from an activity and the activity generates $12,000 of passive income this year. How much of the suspended loss is currently usable?
Correct answer: $12,000
Of the suspended losses, $12,000 may be used currently to offset the $12,000 of passive income generated this year. The remaining $18,000 stays suspended and carries forward until there is additional passive income or a qualifying disposition.
- A limited partner generally is presumed to not materially participate in the partnership's activity. What is the usual effect on the limited partner's losses?
- They are capital losses
- They are nondeductible permanently
- They are active losses fully deductible
- They are passive losses subject to the passive activity limits
Correct answer: They are passive losses subject to the passive activity limits
A limited partner is generally presumed not to materially participate, so the limited partner's losses are passive and subject to the passive activity loss limitations. These losses can usually offset only passive income unless an exception to the presumption applies.
- A taxpayer contributes property with a $10,000 basis subject to a $4,000 recourse liability to an activity. What is the initial at-risk amount, assuming the taxpayer remains personally liable?
- $14,000
- $10,000
- $6,000
- $4,000
Correct answer: $10,000
The initial at-risk amount is $10,000, the adjusted basis of the contributed property, because the taxpayer remains personally liable on the recourse debt which is already reflected in financing the property. The recourse nature means the taxpayer bears economic risk, supporting the at-risk amount.
- A taxpayer's at-risk amount is reduced to a negative figure because distributions exceeded the at-risk basis. What is the consequence?
- The activity becomes tax-exempt
- The taxpayer receives an additional deduction
- Previously allowed losses may be recaptured as income
- Nothing happens
Correct answer: Previously allowed losses may be recaptured as income
When the at-risk amount falls below zero, previously deducted losses may be recaptured and included in income to the extent the at-risk amount went negative. This recapture prevents deductions from exceeding the taxpayer's actual economic risk over the life of the activity.
- A taxpayer wants to use a Section 1031 exchange to acquire replacement property of greater value. To fully defer gain, the taxpayer must generally do which of the following?
- Hold the new property for personal use
- Acquire replacement property of equal or greater value and reinvest all proceeds
- Recognize the gain immediately
- Receive cash boot
Correct answer: Acquire replacement property of equal or greater value and reinvest all proceeds
To fully defer gain in a like-kind exchange, the taxpayer must acquire replacement real property of equal or greater value and reinvest all the proceeds, avoiding the receipt of boot. Trading down or pulling out cash triggers recognition of gain to the extent of the boot.
- In a Section 1031 exchange, the basis of the replacement property is generally computed how when no boot is received?
- Equal to fair market value
- Zero
- Twice the original basis
- A carryover of the relinquished property's adjusted basis
Correct answer: A carryover of the relinquished property's adjusted basis
With no boot, the replacement property takes a carryover basis equal to the adjusted basis of the relinquished property. This substituted basis preserves the deferred gain, which is recognized when the replacement property is later sold in a taxable transaction.
- A taxpayer's qualified farm or principal residence debt is forgiven. Which of the following is a recognized exclusion category for cancellation of debt income?
- Credit card debt of a solvent taxpayer
- Personal loans from family members
- Debt forgiven for any personal reason
- Qualified real property business indebtedness
Correct answer: Qualified real property business indebtedness
Qualified real property business indebtedness is a recognized exclusion category for cancellation of debt income, alongside bankruptcy, insolvency, qualified farm debt, and qualified principal residence debt. General personal debt forgiveness for a solvent taxpayer does not qualify for exclusion.
- A lender issues a Form 1099-C for $9,000 of cancelled debt to a solvent taxpayer not in bankruptcy. What should the taxpayer do?
- Report it as a capital loss
- Deduct $9,000 from income
- Ignore it because 1099-C amounts are not taxable
- Report the $9,000 as cancellation of debt income
Correct answer: Report the $9,000 as cancellation of debt income
A solvent taxpayer not in bankruptcy who receives a Form 1099-C should report the $9,000 as cancellation of debt income on the return. Absent an applicable exclusion, the cancelled amount is taxable ordinary income in the year of discharge.
- A taxpayer mines virtual currency as a trade or business. How is the value of the mined currency treated when received?
- As an itemized deduction
- As a long-term capital gain
- As a tax-free accession
- As ordinary income equal to fair market value, potentially subject to self-employment tax
Correct answer: As ordinary income equal to fair market value, potentially subject to self-employment tax
Virtual currency received from mining as a trade or business is ordinary income equal to its fair market value when received and may be subject to self-employment tax. The value at receipt also becomes the basis for later determining gain or loss on disposition.
- A taxpayer holds virtual currency at a loss and sells it for cash. How is the loss treated, assuming the currency was a capital asset?
- As a capital loss subject to the capital loss rules
- As an ordinary loss with no limit
- As a nondeductible personal loss
- As a deduction against self-employment tax
Correct answer: As a capital loss subject to the capital loss rules
A loss on virtual currency held as a capital asset is a capital loss subject to the normal capital loss netting and the $3,000 annual ordinary income limitation. Because virtual currency is property, its disposition produces capital gain or loss like other investment assets.
- A taxpayer's adjusted gross income is used to compute several limitations on the return. Which deduction is calculated as a percentage of AGI?
- Medical expense deduction floor
- The qualified business income deduction
- Standard deduction
- Mortgage interest deduction
Correct answer: Medical expense deduction floor
The medical expense deduction floor is computed as a percentage of AGI (7.5%), meaning only expenses above that floor are deductible. AGI serves as the base for several such limitations, including charitable contribution ceilings and the casualty loss floor.
- A taxpayer receives a scholarship that exceeds the cost of tuition and required fees, with the excess used for room and board. How is the excess treated?
- Fully excluded
- Treated as a gift
- Deductible as an education expense
- Included in gross income
Correct answer: Included in gross income
The portion of a scholarship used for room and board (not tuition and required fees or books) is included in gross income. Only amounts used for qualified education expenses such as tuition and course materials are excludable from income.
- A taxpayer wants to deduct a contribution to a health savings account (HSA). What is required for the contribution to be deductible as an adjustment to income?
- The contribution must exceed AGI
- The taxpayer must be self-employed
- The taxpayer must be covered by a qualifying high-deductible health plan
- The taxpayer must itemize deductions
Correct answer: The taxpayer must be covered by a qualifying high-deductible health plan
An HSA contribution is deductible above the line only if the taxpayer is covered by a qualifying high-deductible health plan and meets other eligibility rules. The deduction is available whether or not the taxpayer itemizes, reducing AGI directly.
- A taxpayer recognizes a large long-term capital gain that pushes part of the gain into the 20% rate bracket. Which other tax might also apply to that investment gain?
- Self-employment tax
- The kiddie tax
- The additional Medicare tax
- The 3.8% net investment income tax
Correct answer: The 3.8% net investment income tax
A large capital gain can also be subject to the 3.8% net investment income tax if the taxpayer's modified AGI exceeds the threshold. Capital gains are net investment income, so high-income taxpayers may pay both the 20% capital gain rate and the 3.8% NIIT on the same gain.
- A taxpayer holds a tax-exempt municipal bond and receives interest. How is this interest treated for net investment income tax purposes?
- Treated as earned income
- Excluded from net investment income because it is tax-exempt
- Subject to NIIT at a reduced rate
- Subject to NIIT
Correct answer: Excluded from net investment income because it is tax-exempt
Tax-exempt municipal bond interest is excluded from net investment income for the 3.8% NIIT because it is not included in gross income for regular tax. Income that is exempt from regular income tax is not subject to the net investment income tax.
- A married couple files jointly and both spouses are covered by employer retirement plans with modified AGI within the phase-out range. What happens to their traditional IRA deduction?
- It is fully deductible
- It is never deductible
- It is partially deductible within the phase-out range
- It must be converted to a Roth
Correct answer: It is partially deductible within the phase-out range
When active-participant spouses have modified AGI within the phase-out range, the traditional IRA deduction is partially allowed, reduced proportionally across the range. Below the range it is fully deductible and above it the deduction is eliminated.
- A taxpayer makes an excess contribution to a Roth IRA above the allowable limit. What excise tax applies each year the excess remains?
- 25% RMD penalty
- 10% early distribution penalty
- No penalty applies
- 6% excise tax on the excess
Correct answer: 6% excise tax on the excess
A 6% excise tax applies each year an excess IRA contribution remains in the account. To avoid the recurring tax, the taxpayer must withdraw the excess and related earnings by the applicable deadline or absorb it in a later year's contribution limit.
- A taxpayer claims a deduction for one-half of self-employment tax. On which part of the return does this deduction appear?
- As an itemized deduction on Schedule A
- As an adjustment to income in computing AGI
- As a reduction of self-employment tax itself
- As a credit against tax
Correct answer: As an adjustment to income in computing AGI
The deduction for one-half of self-employment tax is an adjustment to income that reduces AGI, not an itemized deduction or a credit. It is available regardless of whether the taxpayer itemizes and does not reduce the self-employment tax computation.
- A taxpayer reports tip income that was not reported to the employer. What additional obligation may arise?
- The tips are reported as a capital gain
- The tips are tax-exempt
- The taxpayer must compute and report Social Security and Medicare tax on the unreported tips
- No additional reporting is needed
Correct answer: The taxpayer must compute and report Social Security and Medicare tax on the unreported tips
Tips not reported to an employer must be included in income, and the taxpayer must compute the employee's share of Social Security and Medicare tax on them. This ensures employment taxes are paid on tips that were not captured through normal payroll withholding.
- A taxpayer sells Section 1244 small business stock at a loss. What favorable treatment may apply to a portion of the loss?
- The loss is treated as tax-exempt
- The loss is doubled
- Up to a limit, the loss may be treated as an ordinary loss rather than a capital loss
- The loss is fully nondeductible
Correct answer: Up to a limit, the loss may be treated as an ordinary loss rather than a capital loss
A loss on qualifying Section 1244 stock may be treated as an ordinary loss up to an annual limit ($50,000, or $100,000 on a joint return), with any excess as a capital loss. Ordinary loss treatment is more favorable because it is not limited by the $3,000 capital loss cap.
- A taxpayer holds qualified small business stock (QSBS) meeting all requirements for more than five years and sells it at a gain. What treatment may apply?
- The entire gain is ordinary income
- A portion or all of the gain may be excluded under Section 1202
- The gain is fully taxable as short-term
- The gain is taxed at 28% with no exclusion
Correct answer: A portion or all of the gain may be excluded under Section 1202
Gain on qualified small business stock held more than five years may be partially or fully excluded under Section 1202, subject to per-issuer limits. This exclusion encourages investment in qualifying small businesses by reducing or eliminating tax on the gain.
- A taxpayer has an installment sale of property with gain. How is the gain generally recognized?
- Only when the final payment is received
- All in the year of sale
- As payments are received, using the gross profit ratio
- Never, because installment sales are tax-free
Correct answer: As payments are received, using the gross profit ratio
Under the installment method, gain is recognized as payments are received, with each payment multiplied by the gross profit ratio to determine the taxable portion. This spreads the gain over the collection period rather than taxing it all at sale.
- A taxpayer's modified AGI affects the taxable portion of Social Security benefits. Which type of otherwise tax-exempt income is added back in the provisional income calculation?
- Tax-exempt municipal bond interest
- Life insurance proceeds
- Roth IRA distributions
- Gifts received
Correct answer: Tax-exempt municipal bond interest
Tax-exempt municipal bond interest is added back when computing provisional income to determine the taxable portion of Social Security benefits. Even though this interest is otherwise tax-free, it counts in the formula that decides how much of the benefits are taxed.
- A taxpayer wants to deduct contributions to a traditional IRA for a non-working spouse. What allows this spousal IRA contribution?
- Spousal contributions are never deductible
- Only Roth contributions are allowed for spouses
- The non-working spouse must have wages
- The working spouse's compensation can support a spousal IRA contribution on a joint return
Correct answer: The working spouse's compensation can support a spousal IRA contribution on a joint return
A spousal IRA lets a non-working spouse contribute based on the working spouse's compensation when filing jointly. This exception to the compensation requirement allows a couple to fund an IRA for the spouse with little or no earned income.
- On which federal form does a domestic partnership report its income, deductions, gains, and losses to the IRS?
- Form 1120-S
- Form 1120
- Form 1065
- Form 1041
Correct answer: Form 1065
Form 1065 is the U.S. Return of Partnership Income. A partnership files it as an information return; the partnership itself generally pays no income tax because income flows through to the partners on Schedule K-1.
- A general partnership has three equal partners and $300,000 of ordinary business income for the year. How is this income taxed at the federal level?
- Each partner reports $100,000 as a flow-through item; the partnership pays no income tax
- The partnership pays corporate tax on $300,000 and partners pay tax again on distributions
- Only income actually distributed to partners is taxable to them
- The partnership pays a flat 21% entity-level tax and partners owe nothing further
Correct answer: Each partner reports $100,000 as a flow-through item; the partnership pays no income tax
Each partner reports $100,000 as a flow-through item; the partnership pays no income tax. A partnership is a pass-through entity, so its ordinary income is allocated to partners by their distributive share and taxed to them whether or not it is distributed.
- A partner receives a Schedule K-1 from a partnership. What does the K-1 primarily report to that partner?
- The partner's distributive share of partnership income, deductions, and credits
- The total amount of cash the partner withdrew during the year only
- The partnership's entity-level income tax liability
- The partner's wages subject to payroll tax withholding
Correct answer: The partner's distributive share of partnership income, deductions, and credits
The partner's distributive share of partnership income, deductions, and credits is what a Schedule K-1 reports. Each partner uses the K-1 to report flow-through items on their own return, separately stating items that retain their character.
- A partner contributes $40,000 cash to a partnership and is allocated $15,000 of partnership liabilities under the at-risk and basis rules. What is the partner's initial outside basis?
- $25,000
- $15,000
- $40,000
- $55,000
Correct answer: $55,000
The partner's initial outside basis is $55,000. A partner's basis includes contributed cash and property plus the partner's share of partnership liabilities, so $40,000 plus $15,000 equals $55,000.
- During the year, a partner's share of partnership liabilities decreases by $10,000. What is the federal tax effect of this decrease on the partner?
- It is treated as additional guaranteed payment income
- It is treated as a deemed cash distribution that reduces the partner's basis
- It increases the partner's basis by $10,000
- It has no effect on the partner's basis
Correct answer: It is treated as a deemed cash distribution that reduces the partner's basis
A decrease in a partner's share of liabilities is treated as a deemed cash distribution that reduces the partner's basis. If it exceeds basis, the excess is taxable gain.
- A partnership agreement provides one partner a fixed $50,000 payment for services without regard to partnership income. How is this payment characterized for tax purposes?
- A return of the partner's outside basis
- A guaranteed payment that is ordinary income to the partner and deductible by the partnership
- A dividend taxed at qualified dividend rates
- A distribution of capital that is nontaxable to the partner
Correct answer: A guaranteed payment that is ordinary income to the partner and deductible by the partnership
A guaranteed payment that is ordinary income to the partner and deductible by the partnership. Guaranteed payments for services or capital are determined without regard to partnership income and are not reduced by the partner's distributive share.
- How does a guaranteed payment received by a partner generally affect that partner's self-employment income?
- It is treated as W-2 wages subject to FICA withholding
- It is treated as portfolio income exempt from SE tax
- It is excluded from self-employment income in all cases
- It is included in net earnings from self-employment for a general partner
Correct answer: It is included in net earnings from self-employment for a general partner
A guaranteed payment for services is included in net earnings from self-employment for a general partner. Such payments are treated as compensation-like ordinary income subject to self-employment tax.
- A partner has an outside basis of $12,000 and receives a current cash distribution of $20,000. What is the federal tax result?
- No gain is recognized and basis becomes negative
- The partner recognizes $20,000 of capital gain
- The partner recognizes $8,000 of gain and basis is reduced to zero
- The entire $20,000 is taxable as ordinary income
Correct answer: The partner recognizes $8,000 of gain and basis is reduced to zero
The partner recognizes $8,000 of gain and basis is reduced to zero. A current cash distribution exceeding outside basis triggers gain only to the extent the cash exceeds basis; basis cannot go below zero.
- When must a partnership file Form 1065 for a calendar-year partnership without an extension?
- By the 15th day of the third month after year-end (March 15)
- By the last day of the calendar year
- By the 15th day of the sixth month after year-end (June 15)
- By the 15th day of the fourth month after year-end (April 15)
Correct answer: By the 15th day of the third month after year-end (March 15)
A calendar-year partnership must file Form 1065 by the 15th day of the third month after year-end, which is March 15. This matches the due date for S corporations.
- A partner's share of a partnership's ordinary loss is $30,000, but the partner's outside basis before the loss is only $18,000. How much of the loss may the partner currently deduct, before applying at-risk and passive limits?
- $18,000, with the remaining $12,000 suspended until basis is restored
- $30,000 in full because partnership losses are always deductible
- $0 because losses can never exceed distributions
- $12,000, the portion exceeding basis
Correct answer: $18,000, with the remaining $12,000 suspended until basis is restored
The partner may deduct $18,000, with the remaining $12,000 suspended until basis is restored. A partner cannot deduct losses exceeding outside basis; the excess carries forward until additional basis is created.
- On which form does an S corporation report its income and separately stated items to the IRS?
- Form 1120-S
- Form 1120
- Form 990
- Form 1065
Correct answer: Form 1120-S
Form 1120-S is the U.S. Income Tax Return for an S Corporation. The S corporation files it as an information-style return and passes income through to shareholders via Schedule K-1.
- How is the ordinary business income of an S corporation generally taxed?
- It is taxed at the corporate level at 21% with no shareholder taxation
- It is exempt from federal income tax entirely
- It passes through to shareholders by stock ownership and is taxed on their returns
- It is taxed only when the corporation distributes a dividend
Correct answer: It passes through to shareholders by stock ownership and is taxed on their returns
S corporation income passes through to shareholders by stock ownership and is taxed on their returns. Like a partnership, the S corporation is generally a pass-through entity, so income is taxed to shareholders whether or not distributed.
- What two components make up an S corporation shareholder's basis for purposes of deducting losses?
- Stock basis and a share of corporate-level liabilities
- Only stock basis; debt never creates basis
- Stock basis and accumulated earnings and profits
- Stock basis and debt basis from direct loans to the corporation
Correct answer: Stock basis and debt basis from direct loans to the corporation
An S corporation shareholder's loss-limitation basis consists of stock basis and debt basis from direct loans to the corporation. Unlike a partner, an S shareholder gets no basis from corporate-level third-party debt.
- A more-than-2% S corporation shareholder-employee is paid for services. How should reasonable compensation for those services be treated?
- As a guaranteed payment on Schedule K-1
- As W-2 wages subject to employment taxes
- As a distribution free of employment tax
- As a dividend taxed at capital gain rates
Correct answer: As W-2 wages subject to employment taxes
Reasonable compensation to a more-than-2% S corporation shareholder-employee must be treated as W-2 wages subject to employment taxes. The IRS scrutinizes attempts to recharacterize wages as distributions to avoid payroll tax.
- A former C corporation that elected S status sells appreciated property within the recognition period that it held at conversion. Which entity-level tax may apply?
- The built-in gains tax
- The alternative minimum tax
- The accumulated earnings tax
- The personal holding company tax
Correct answer: The built-in gains tax
The built-in gains tax may apply when a converted S corporation disposes of property with net unrealized appreciation that existed at conversion, within the recognition period. It is imposed at the corporate level at the top corporate rate.
- An S corporation shareholder has a stock basis of $5,000 and debt basis of $3,000, and is allocated a $10,000 loss. How much loss is currently deductible before passive and at-risk limits?
- $5,000, limited to stock basis only
- $8,000, with $2,000 suspended
- $3,000, limited to debt basis only
- $10,000 in full
Correct answer: $8,000, with $2,000 suspended
The shareholder may deduct $8,000, with $2,000 suspended. Losses are limited to combined stock and debt basis ($5,000 plus $3,000), and the excess carries forward.
- Which factor is most relevant to the built-in gains tax computation for a converted S corporation?
- The fair market value of distributions made during the year
- The net unrealized built-in gain that existed on the S election date
- The corporation's accumulated earnings and profits balance
- The number of shareholders on the conversion date
Correct answer: The net unrealized built-in gain that existed on the S election date
The net unrealized built-in gain that existed on the S election date drives the built-in gains tax. The tax targets appreciation accrued while the entity was a C corporation and recognized during the recognition period.
- When a profitable S corporation makes a cash distribution and has no accumulated earnings and profits, how is the distribution generally treated to a shareholder?
- As a tax-free return of stock basis to the extent of basis, then gain
- As wages requiring payroll tax withholding
- As an ordinary dividend taxed at ordinary rates
- As a guaranteed payment subject to SE tax
Correct answer: As a tax-free return of stock basis to the extent of basis, then gain
With no accumulated E&P, an S corporation distribution is a tax-free return of stock basis to the extent of basis, then capital gain for any excess. The income was already taxed to the shareholder as it passed through.
- By what date must a calendar-year S corporation generally file Form 1120-S without an extension?
- May 15
- June 15
- March 15
- April 15
Correct answer: March 15
A calendar-year S corporation must generally file Form 1120-S by March 15, the 15th day of the third month after the tax year ends. An extension moves the date to September 15.
- What is the federal income tax rate applied to a C corporation's taxable income for the 2026 tax year?
- A flat 28%
- A flat 21%
- A graduated rate up to 35%
- A flat 15%
Correct answer: A flat 21%
A C corporation's taxable income is taxed at a flat 21% federal rate. This flat corporate rate replaced the former graduated rate structure.
- How are dividends paid by a C corporation to its individual shareholders generally treated?
- They are deductible by the corporation and tax-free to shareholders
- They are taxable to shareholders and not deductible by the corporation, creating double taxation
- They reduce the corporation's taxable income dollar for dollar
- They are exempt from tax at both levels
Correct answer: They are taxable to shareholders and not deductible by the corporation, creating double taxation
C corporation dividends are taxable to shareholders and not deductible by the corporation, creating double taxation. Earnings are taxed once at the entity level and again when distributed.
- A penalty tax may be imposed on a C corporation that retains earnings beyond the reasonable needs of the business to avoid shareholder-level tax. What is this tax called?
- The accumulated earnings tax
- The net investment income tax
- The built-in gains tax
- The excess business loss tax
Correct answer: The accumulated earnings tax
The accumulated earnings tax is imposed on a C corporation that accumulates earnings beyond the reasonable needs of the business to avoid tax on shareholders. It is in addition to the regular corporate income tax.
- Most C corporations are allowed an accumulated earnings credit that shelters a base amount of retained earnings from the accumulated earnings tax. What is that base credit for a non-service corporation?
- $500,000
- $1,000,000
- $250,000
- $150,000
Correct answer: $250,000
Most non-service C corporations receive a $250,000 accumulated earnings credit. Certain personal service corporations are limited to a $150,000 credit instead.
- Which deduction allows a C corporation to reduce tax on dividends it receives from other domestic taxable corporations?
- The charitable contribution carryover
- The domestic production activities deduction
- The qualified business income deduction
- The dividends-received deduction
Correct answer: The dividends-received deduction
The dividends-received deduction allows a C corporation to deduct a percentage of dividends received from other domestic taxable corporations. The percentage depends on the recipient's ownership stake in the payer.
- A C corporation files which form to report its income tax for the year?
- Form 1065
- Form 1120
- Form 1120-S
- Form 1040, Schedule C
Correct answer: Form 1120
A C corporation files Form 1120, the U.S. Corporation Income Tax Return. It reports income and computes the entity-level tax at the flat corporate rate.
- What does the Section 179 deduction allow a business to do with the cost of qualifying property placed in service during the year?
- Capitalize the cost permanently with no recovery
- Expense all or part of the cost immediately rather than depreciate it over years
- Deduct only the salvage value of the property
- Defer the entire cost to the year of disposition
Correct answer: Expense all or part of the cost immediately rather than depreciate it over years
The Section 179 deduction lets a business expense all or part of qualifying property cost immediately rather than depreciate it over years. It is an election made on Form 4562.
- The Section 179 deduction is limited by which business-level constraint in addition to the annual dollar cap?
- The deduction cannot exceed the taxpayer's adjusted gross income
- The deduction cannot exceed the business's taxable income from the active conduct of a trade or business
- The deduction is capped at the corporation's retained earnings
- The deduction cannot exceed gross receipts for the year
Correct answer: The deduction cannot exceed the business's taxable income from the active conduct of a trade or business
Section 179 cannot exceed the business's taxable income from the active conduct of a trade or business. Any amount disallowed by the income limit carries forward to future years.
- How does bonus depreciation differ in its core mechanics from the Section 179 deduction?
- Bonus depreciation is generally not limited by business taxable income and can create or increase a loss
- Bonus depreciation can only be used by individuals, not entities
- Bonus depreciation applies only to real property such as buildings
- Bonus depreciation requires the property to be fully paid for in cash
Correct answer: Bonus depreciation is generally not limited by business taxable income and can create or increase a loss
Bonus depreciation is generally not limited by business taxable income and can create or increase a loss, unlike Section 179, which is capped at business income. Bonus depreciation also applies automatically unless the taxpayer elects out.
- Under the MACRS general depreciation system, which convention generally applies to most depreciable personal property placed in service during the year?
- The full-year convention
- The mid-quarter convention by default
- The mid-month convention
- The half-year convention
Correct answer: The half-year convention
The half-year convention generally applies to most MACRS personal property, treating it as placed in service at the midpoint of the year. The mid-quarter convention applies only when more than 40% of property is placed in service in the last quarter.
- Under MACRS, which recovery period generally applies to nonresidential real property such as a commercial building?
- 7 years using the 200% declining balance method
- 39 years using the straight-line method and mid-month convention
- 15 years using the 150% declining balance method
- 27.5 years using the straight-line method
Correct answer: 39 years using the straight-line method and mid-month convention
Nonresidential real property is recovered over 39 years using straight-line depreciation and the mid-month convention under MACRS. Residential rental property, by contrast, uses a 27.5-year period.
- Section 179 expensing is subject to a dollar-for-dollar phase-out. What triggers the phase-out of the maximum Section 179 deduction?
- The taxpayer's adjusted gross income exceeds a statutory ceiling
- The property is financed rather than purchased outright
- The business has any net operating loss carryforward
- Total qualifying property placed in service exceeds the annual investment threshold
Correct answer: Total qualifying property placed in service exceeds the annual investment threshold
The Section 179 maximum phases out dollar-for-dollar when total qualifying property placed in service exceeds the annual investment threshold. This limits the immediate-expensing benefit for larger capital purchases.
- A business buys a delivery truck (5-year MACRS property) and a warehouse building in the same year. Which statement about their depreciation is correct?
- The truck uses an accelerated method over 5 years while the building uses straight-line over 39 years
- Both use the mid-month convention
- The building is expensed under Section 179 while the truck must be capitalized
- Both are depreciated over the same 7-year recovery period
Correct answer: The truck uses an accelerated method over 5 years while the building uses straight-line over 39 years
The truck uses an accelerated method over a 5-year MACRS period while the building uses straight-line over 39 years. Tangible personal property and nonresidential real property have very different recovery rules.
- When a business elects to take bonus depreciation on qualified property, how does it interact with the Section 179 election?
- Both deductions are limited to the same business-income cap
- Section 179 is generally applied first, then bonus depreciation on the remaining basis
- A taxpayer must choose only one method for all property in a year
- Bonus depreciation must always be taken before any Section 179 deduction
Correct answer: Section 179 is generally applied first, then bonus depreciation on the remaining basis
Section 179 is generally applied first, then bonus depreciation is computed on the remaining basis, with regular MACRS on anything left. Ordering matters because Section 179 is income-limited while bonus depreciation is not.
- A business generates a net operating loss for the 2026 tax year. Under current law, how may that NOL generally be used?
- Carried back 5 years and forward indefinitely with no limit
- Carried back 2 years and forward 20 years with no income limit
- Carried forward indefinitely and limited to 80% of taxable income in a carryforward year
- Used only in the year incurred and then lost
Correct answer: Carried forward indefinitely and limited to 80% of taxable income in a carryforward year
A post-2017 NOL is generally carried forward indefinitely and limited to 80% of taxable income in the carryforward year. The prior 2-year carryback and 20-year limit were repealed for most taxpayers.
- Which of the following best describes the 80% limitation on net operating loss deductions?
- An NOL can offset only 80% of capital gains
- Only 80% of an NOL may ever be deducted in total
- An NOL carryforward can offset no more than 80% of taxable income computed before the NOL deduction
- The limit applies only to corporations, never to individuals
Correct answer: An NOL carryforward can offset no more than 80% of taxable income computed before the NOL deduction
An NOL carryforward can offset no more than 80% of taxable income computed before the NOL deduction. Any unused amount continues to carry forward.
- Which factor is central to determining whether a worker is an employee or an independent contractor under the common-law standard?
- The degree of behavioral and financial control the business has over the worker
- Whether the worker is paid weekly or monthly
- Whether the worker performs services at the business's location only
- Whether the worker has a written contract of any kind
Correct answer: The degree of behavioral and financial control the business has over the worker
The degree of behavioral and financial control the business has over the worker is central to worker classification. The IRS weighs behavioral control, financial control, and the relationship of the parties.
- A business treats a worker as an independent contractor, but the IRS later reclassifies the worker as an employee. What is a primary federal tax consequence to the business?
- The reclassification has no tax effect, only a recordkeeping change
- The business may deduct double the wages paid
- The worker loses all deductions for business expenses
- The business becomes liable for employment taxes that should have been withheld and paid
Correct answer: The business becomes liable for employment taxes that should have been withheld and paid
When a worker is reclassified as an employee, the business becomes liable for employment taxes that should have been withheld and paid. Penalties and interest may also apply absent relief such as Section 530.
- Who can be held personally liable under the trust fund recovery penalty?
- Only the corporation itself, never an individual
- Only the outside payroll service provider
- Any employee of the business regardless of responsibility
- A responsible person who willfully failed to collect or pay over withheld employment taxes
Correct answer: A responsible person who willfully failed to collect or pay over withheld employment taxes
A responsible person who willfully failed to collect or pay over withheld employment taxes can be held personally liable under the trust fund recovery penalty. The penalty equals 100% of the unpaid trust fund taxes.
- The trust fund recovery penalty applies to which portion of unpaid payroll taxes?
- The withheld income tax and the employee share of FICA (the trust fund portion)
- All federal taxes the business owes, including income tax
- Federal unemployment tax (FUTA) only
- The employer share of FICA only
Correct answer: The withheld income tax and the employee share of FICA (the trust fund portion)
The trust fund recovery penalty applies to withheld income tax and the employee share of FICA, the so-called trust fund portion held in trust for the government. The employer FICA share is not part of the penalty.
- Which two elements must both be present for the IRS to assert the trust fund recovery penalty against an individual?
- Signing authority on the tax return and U.S. citizenship
- Ownership of company stock and a salary above a threshold
- Negligence and a prior history of late filing
- Responsibility for paying the taxes and willful failure to do so
Correct answer: Responsibility for paying the taxes and willful failure to do so
Responsibility for paying the taxes and willful failure to do so must both be present for the trust fund recovery penalty. A person who lacked authority or did not act willfully is not liable.
- Which retirement plan allows a small business to make contributions only by the employer into traditional IRAs set up for each eligible employee?
- A defined benefit pension plan
- A Roth 401(k)
- A SIMPLE 401(k)
- A SEP IRA
Correct answer: A SEP IRA
A SEP IRA allows an employer to make contributions to traditional IRAs established for each eligible employee. Employees do not make elective deferrals to a SEP; only the employer contributes.
- A SIMPLE IRA plan is generally available to which type of employer?
- Only sole proprietors with no employees
- Only tax-exempt organizations
- Any employer regardless of size
- An employer with 100 or fewer employees that has no other qualified plan
Correct answer: An employer with 100 or fewer employees that has no other qualified plan
A SIMPLE IRA is generally available to an employer with 100 or fewer employees that maintains no other qualified plan. It allows employee deferrals plus required employer contributions.
- Which feature distinguishes a SIMPLE IRA from a SEP IRA?
- Both allow only after-tax Roth contributions
- A SIMPLE IRA permits employee elective salary deferrals; a SEP is funded only by the employer
- A SIMPLE IRA may only be adopted by C corporations
- A SEP IRA permits employee deferrals; a SIMPLE is employer-only
Correct answer: A SIMPLE IRA permits employee elective salary deferrals; a SEP is funded only by the employer
A SIMPLE IRA permits employee elective salary deferrals plus mandatory employer contributions, while a SEP is funded only by the employer. This is a key structural difference between the two small-business plans.
- An employer with a SIMPLE IRA must satisfy an employer-contribution requirement. Which option satisfies it?
- A flat $5,000 contribution to the owner only
- No employer contribution is ever required
- A 10% profit-sharing contribution for highly compensated employees only
- A matching contribution generally up to 3% of compensation or a 2% nonelective contribution for all eligible employees
Correct answer: A matching contribution generally up to 3% of compensation or a 2% nonelective contribution for all eligible employees
A SIMPLE IRA employer must either match generally up to 3% of compensation or make a 2% nonelective contribution for all eligible employees. The employer chooses between these formulas.
- A self-employed individual with no employees wants a plan allowing large contributions based on a percentage of net self-employment earnings. Which plan is well suited?
- A SEP IRA
- A 457(b) governmental plan
- A SIMPLE IRA with mandatory matching only
- A Health Savings Account
Correct answer: A SEP IRA
A SEP IRA is well suited for a self-employed individual seeking large percentage-based contributions tied to net self-employment earnings. SEP contribution limits are higher than those of a SIMPLE IRA.
- How is the deduction for a self-employed person's own contribution to a self-employed retirement plan generally reported?
- As a credit against the owner's tax liability
- As a business expense on Schedule C reducing self-employment tax
- As an itemized deduction on Schedule A
- As an above-the-line deduction reducing the owner's adjusted gross income
Correct answer: As an above-the-line deduction reducing the owner's adjusted gross income
A self-employed person's own retirement plan contribution is generally an above-the-line deduction that reduces adjusted gross income. It is not a Schedule C expense and does not reduce self-employment tax.
- A charitable organization seeking recognition of federal tax-exempt status under Section 501(c)(3) generally applies using which form?
- Form 8832
- Form 1023
- Form 990
- Form 1120
Correct answer: Form 1023
Form 1023 is the application for recognition of exemption under Section 501(c)(3). Smaller organizations may use the streamlined Form 1023-EZ if they qualify.
- A tax-exempt organization operates a business unrelated to its exempt purpose. How is the net income from that activity treated?
- It causes automatic revocation of exempt status
- It is subject to the unrelated business income tax
- It is always tax-free because the entity is exempt
- It is taxed at the individual rates of the board members
Correct answer: It is subject to the unrelated business income tax
Net income from a regularly carried-on business unrelated to the exempt purpose is subject to the unrelated business income tax. Exemption applies to the exempt function, not to unrelated commercial activity.
- Which form does a tax-exempt organization use to report and pay tax on unrelated business taxable income?
- Form 1120-S
- Form 990 only
- Form 1041
- Form 990-T
Correct answer: Form 990-T
Form 990-T is the exempt organization business income tax return used to report and pay tax on unrelated business taxable income. It is separate from the annual information return on Form 990.
- Which activity is most likely to generate unrelated business income for an exempt organization?
- Receiving dividends and interest from passive investments
- Collecting membership dues from members
- Conducting a once-a-year volunteer-run bake sale
- Operating an advertising business unrelated to the exempt mission and regularly carried on
Correct answer: Operating an advertising business unrelated to the exempt mission and regularly carried on
Operating an advertising business unrelated to the exempt mission and regularly carried on is most likely to generate unrelated business income. Passive investment income and certain volunteer-run activities are typically excluded.
- Which annual return is generally filed by a tax-exempt organization to report its finances and activities to the IRS?
- Form 1065
- Form 1120
- Form 990
- Form 706
Correct answer: Form 990
Form 990 is the annual information return filed by most tax-exempt organizations to report finances and activities. Smaller organizations may file Form 990-EZ or the e-Postcard 990-N.
- Which form is used to report the income, deductions, and gains of an estate or trust to the IRS?
- Form 1041
- Form 709
- Form 706
- Form 1040
Correct answer: Form 1041
Form 1041 is the U.S. Income Tax Return for Estates and Trusts. It reports the entity's income and the distribution deduction for amounts passed to beneficiaries.
- How does an estate or trust generally avoid being taxed on income it distributes to beneficiaries?
- Distributed income is never taxable to anyone
- It claims an income distribution deduction, shifting that income to beneficiaries via Schedule K-1
- It pays the tax itself and beneficiaries receive distributions tax-free
- It carries the income forward indefinitely
Correct answer: It claims an income distribution deduction, shifting that income to beneficiaries via Schedule K-1
An estate or trust claims an income distribution deduction, shifting distributed income to beneficiaries who report it on Schedule K-1. This avoids double taxation of the same income.
- An estate's gross income for the tax year is $700. Is the estate required to file Form 1041 based on the income threshold?
- Yes, but only if a beneficiary is a nonresident alien
- Yes, because an estate must file if it has gross income of $600 or more
- No, because estates never file income tax returns
- No, because the threshold is $10,000
Correct answer: Yes, because an estate must file if it has gross income of $600 or more
Yes, an estate generally must file Form 1041 if it has gross income of $600 or more for the tax year. The threshold ensures fiduciary income is reported.
- What is 'distributable net income' (DNI) used for on a fiduciary income tax return?
- It determines the corporation's dividends-received deduction
- It measures the estate tax due at death
- It limits the income distribution deduction and the amount taxable to beneficiaries
- It sets the gift tax annual exclusion
Correct answer: It limits the income distribution deduction and the amount taxable to beneficiaries
Distributable net income limits both the income distribution deduction and the amount taxable to beneficiaries. DNI also preserves the character of income items passing through to beneficiaries.
- Under the passive activity loss rules, how may losses from a passive activity generally be used by a taxpayer who does not materially participate?
- They are fully deductible in the year incurred
- They are permanently disallowed and never deductible
- They can offset wage and portfolio income without limit
- They can offset only passive income, with the excess suspended until passive income or disposition
Correct answer: They can offset only passive income, with the excess suspended until passive income or disposition
Passive losses can offset only passive income, with the excess suspended until there is passive income or a fully taxable disposition of the activity. They generally cannot offset wages or portfolio income.
- A taxpayer materially participates in a business activity. How does material participation affect the passive activity loss rules?
- The activity is automatically passive regardless of participation
- Material participation converts the losses into capital losses
- Material participation triggers the net investment income tax on the losses
- The activity is nonpassive, so its losses are not limited by the passive loss rules
Correct answer: The activity is nonpassive, so its losses are not limited by the passive loss rules
Material participation makes the activity nonpassive, so its losses are not limited by the passive activity loss rules. Whether a taxpayer materially participates is tested under specific hour-based standards.
- What is the general treatment of rental real estate activities under the passive activity loss rules?
- They are exempt from the passive loss rules entirely
- They are treated as portfolio income
- They are generally treated as passive regardless of participation, with limited exceptions
- They are always nonpassive
Correct answer: They are generally treated as passive regardless of participation, with limited exceptions
Rental real estate activities are generally treated as passive regardless of participation, subject to limited exceptions such as the real estate professional rules and a special allowance for active participants.
- How do the at-risk rules limit a taxpayer's deductible loss from a business or investment activity?
- Losses are limited to passive income only
- Losses are limited to 80% of taxable income
- Losses are limited to the taxpayer's adjusted gross income
- Losses are limited to the amount the taxpayer has economically at risk in the activity
Correct answer: Losses are limited to the amount the taxpayer has economically at risk in the activity
The at-risk rules limit losses to the amount the taxpayer has economically at risk, such as cash invested and recourse debt. Amounts for which the taxpayer is not personally liable generally do not increase the at-risk amount.
- In what order are the loss-limitation rules generally applied to a flow-through business loss?
- Passive activity rules first, then basis, then at-risk
- All three are applied simultaneously with no ordering
- At-risk first, then passive, then basis
- Basis limitation first, then at-risk, then passive activity loss rules
Correct answer: Basis limitation first, then at-risk, then passive activity loss rules
The limitations are generally applied in the order: basis limitation first, then at-risk, then the passive activity loss rules. A loss must survive each successive hurdle to be currently deductible.
- Under current law, which type of property qualifies for tax-deferred treatment in a Section 1031 like-kind exchange?
- Real property held for productive use in a trade or business or for investment
- Stocks, bonds, and other securities
- Personal property such as business equipment and vehicles
- Inventory held primarily for sale
Correct answer: Real property held for productive use in a trade or business or for investment
Only real property held for productive use in a trade or business or for investment qualifies for Section 1031 treatment under current law. Personal property and inventory no longer qualify.
- In a Section 1031 exchange, a taxpayer trades business real estate and also receives $20,000 cash (boot). What is the tax consequence of the boot?
- The entire exchange becomes fully taxable
- The boot reduces the basis of the relinquished property
- The boot is always tax-free
- Gain is recognized to the extent of the boot received
Correct answer: Gain is recognized to the extent of the boot received
Gain is recognized to the extent of the boot received in a like-kind exchange. The boot does not eliminate deferral on the rest, but it does trigger recognition up to the amount of realized gain.
- In a deferred like-kind exchange, what is the deadline to identify replacement property and to complete the exchange?
- Identify within 60 days and complete within 360 days
- Identify within 30 days and complete within 90 days
- Both must occur by the end of the calendar year
- Identify within 45 days and complete within 180 days of transferring the relinquished property
Correct answer: Identify within 45 days and complete within 180 days of transferring the relinquished property
A deferred exchange requires identifying replacement property within 45 days and completing the exchange within 180 days of transferring the relinquished property. Missing either deadline disqualifies the deferral.
- How is the basis of replacement property generally determined in a fully deferred like-kind exchange?
- It is stepped up to cost with no carryover
- It is reduced to zero
- It equals the fair market value of the replacement property
- It carries over from the relinquished property, preserving the deferred gain
Correct answer: It carries over from the relinquished property, preserving the deferred gain
The basis of replacement property generally carries over from the relinquished property, preserving the deferred gain. The deferral is temporary; gain is recognized on a later taxable sale.
- How is a partnership generally classified for federal tax purposes when it has two or more members and makes no entity election?
- As an S corporation automatically
- As a disregarded entity
- As a C corporation by default
- As a partnership taxed under the flow-through rules
Correct answer: As a partnership taxed under the flow-through rules
A multi-member entity with no election defaults to a partnership taxed under the flow-through rules. A single-member LLC instead defaults to a disregarded entity.
- Which item must a partnership separately state on Schedule K-1 rather than fold into ordinary business income?
- Cost of goods sold
- Office rent expense
- Charitable contributions
- Employee wages
Correct answer: Charitable contributions
Charitable contributions must be separately stated on Schedule K-1 because they retain their character and are subject to partner-level limitations. Ordinary trade-or-business expenses like wages are netted into ordinary income.
- A partner's outside basis is increased by which of the following during the year?
- The partner's distributive share of partnership taxable income
- The partner's share of nondeductible expenses
- A decrease in the partner's share of partnership liabilities
- Cash distributions received from the partnership
Correct answer: The partner's distributive share of partnership taxable income
A partner's distributive share of partnership taxable income increases outside basis. Distributions, nondeductible expenses, and liability decreases reduce basis.
- When a partnership makes a guaranteed payment to a partner, how is it reflected in the partnership's ordinary income computation?
- It is deducted as an expense in arriving at partnership ordinary income
- It is added to partnership ordinary income
- It has no effect on partnership ordinary income
- It is treated as a nondeductible distribution
Correct answer: It is deducted as an expense in arriving at partnership ordinary income
A guaranteed payment is deducted as an expense in arriving at partnership ordinary income (if otherwise deductible), reducing the income allocated to partners. The receiving partner separately reports it as income.
- Which requirement must be met for a corporation to qualify and remain as an S corporation?
- It must have no more than 100 shareholders and only one class of stock
- It must have foreign shareholders to diversify ownership
- It must have multiple classes of stock with differing voting rights
- It must have at least one corporate shareholder
Correct answer: It must have no more than 100 shareholders and only one class of stock
An S corporation must have no more than 100 shareholders and only one class of stock. Shareholders generally must be U.S. individuals, certain trusts, or estates, not corporations or nonresident aliens.
- On what date does an S election take effect if filed timely for the current tax year?
- It is effective retroactively to the corporation's formation regardless of timing
- It is always effective the following tax year only
- It is generally effective for the entire current tax year if filed by the 15th day of the third month
- It is effective on the date the IRS mails its acceptance letter
Correct answer: It is generally effective for the entire current tax year if filed by the 15th day of the third month
A timely S election filed by the 15th day of the third month of the tax year is generally effective for that entire year. A later election generally takes effect the following year.
- An S corporation shareholder increases stock basis by which item?
- The shareholder's share of nondeductible expenses
- Corporate-level third-party loans
- Distributions received during the year
- The shareholder's pro-rata share of separately and non-separately stated income
Correct answer: The shareholder's pro-rata share of separately and non-separately stated income
An S corporation shareholder increases stock basis by the pro-rata share of separately and non-separately stated income. Distributions and losses decrease basis, and corporate-level debt does not create basis.
- Which form does an employer use to report federal income tax withheld and both shares of Social Security and Medicare taxes quarterly?
- Form W-2
- Form 1099-NEC
- Form 941
- Form 940
Correct answer: Form 941
Form 941 is the employer's quarterly federal tax return reporting withheld income tax and Social Security and Medicare taxes. Form 940 separately reports annual federal unemployment tax.
- Which federal tax is reported on Form 940 and paid solely by the employer?
- Federal unemployment tax (FUTA)
- The additional Medicare tax
- The employee share of Social Security tax
- Federal income tax withholding
Correct answer: Federal unemployment tax (FUTA)
Federal unemployment tax (FUTA) is reported on Form 940 and paid solely by the employer. Employees do not contribute to FUTA, and it is separate from FICA.
- A business pays an independent contractor $2,000 for services during the year. Which information return is generally required?
- Form 941 reporting payroll taxes
- Form 1099-NEC reporting nonemployee compensation
- No return is required for any contractor payment
- Form W-2 reporting wages
Correct answer: Form 1099-NEC reporting nonemployee compensation
Form 1099-NEC reporting nonemployee compensation is generally required when a business pays an independent contractor $2,000 or more for services in 2026 (the threshold was raised from $600 to $2,000 by OBBBA for payments after December 31, 2025). The $2,000 payment exactly meets the new threshold, so reporting is required. Employees, by contrast, receive Form W-2.
- Which accounting method must many C corporations and partnerships with C corporation partners use, subject to a gross-receipts exception?
- The cash method in all cases
- The accrual method of accounting
- The completed-contract method only
- The installment method
Correct answer: The accrual method of accounting
Many C corporations and partnerships with C corporation partners must use the accrual method, subject to a small-business gross-receipts exception that permits the cash method. The exception is indexed for inflation.
- Under the uniform capitalization (UNICAP) rules, how must certain direct and indirect costs of producing or acquiring inventory be treated?
- They are never deductible
- They must be capitalized into the cost of the inventory rather than deducted currently
- They must be expensed under Section 179
- They must be deducted immediately as period costs
Correct answer: They must be capitalized into the cost of the inventory rather than deducted currently
Under UNICAP, certain direct and indirect costs of producing or acquiring inventory must be capitalized into the cost of the inventory rather than deducted currently. They are recovered as the inventory is sold.
- How are business meals provided to clients generally treated for federal income tax purposes in 2026, assuming ordinary, necessary, and not lavish?
- Generally 50% deductible
- Fully (100%) deductible
- Deductible only if entertainment is also provided
- Not deductible at all
Correct answer: Generally 50% deductible
Ordinary and necessary business meals are generally 50% deductible. Entertainment expenses, by contrast, are generally nondeductible under current law.
- How is the business-interest expense deduction generally limited for a larger business under current law?
- Limited to the prime rate times outstanding debt
- Disallowed entirely for all businesses
- Limited to business interest income plus 30% of adjusted taxable income
- Limited to 50% of gross receipts
Correct answer: Limited to business interest income plus 30% of adjusted taxable income
Business interest expense is generally limited to business interest income plus 30% of adjusted taxable income for larger businesses. Small businesses meeting the gross-receipts test are generally exempt.
- A business sells equipment for more than its depreciated basis but less than original cost. How is the gain attributable to prior depreciation treated under Section 1245?
- As a Section 1031 deferral
- As long-term capital gain in full
- As tax-free return of capital
- As ordinary income to the extent of depreciation recapture
Correct answer: As ordinary income to the extent of depreciation recapture
Under Section 1245, gain on the sale of depreciable personal property is ordinary income to the extent of depreciation recapture. Any remaining gain may be Section 1231 gain.
- Net Section 1231 gain for the year is generally treated how, assuming no nonrecaptured 1231 losses?
- As short-term capital gain
- As ordinary income in all cases
- As long-term capital gain
- As tax-exempt income
Correct answer: As long-term capital gain
Net Section 1231 gain is generally treated as long-term capital gain, while a net Section 1231 loss is ordinary. This favorable rule applies to gains on depreciable business property and business real estate held long term.
- Which form does an eligible entity file to elect how it will be classified for federal tax purposes (for example, to be taxed as a corporation)?
- Form SS-4
- Form 1065
- Form 8832
- Form 2553
Correct answer: Form 8832
Form 8832 is the entity classification election (check-the-box) used by an eligible entity to choose its federal tax classification. Form 2553 is used specifically to elect S corporation status.
- A corporation elects S status by filing which form?
- Form 1120
- Form 2553
- Form 7004
- Form 8832
Correct answer: Form 2553
A corporation elects S status by filing Form 2553, Election by a Small Business Corporation. All shareholders must consent to the election.
- Under Section 351, what is the general tax result when one or more persons transfer property to a corporation solely in exchange for stock and control the corporation immediately after?
- The transaction is always treated as a taxable sale
- Loss but not gain is recognized
- Gain is fully recognized on appreciated property
- No gain or loss is recognized on the transfer
Correct answer: No gain or loss is recognized on the transfer
Under Section 351, no gain or loss is recognized when property is transferred to a corporation solely for stock and the transferors control the corporation immediately after. Receipt of boot can trigger limited gain.
- When a partner contributes appreciated property to a partnership in exchange for a partnership interest, what is the general tax result under Section 721?
- Only the partnership recognizes gain
- The contribution is treated as a taxable sale
- No gain or loss is recognized on the contribution
- Gain is recognized equal to the appreciation
Correct answer: No gain or loss is recognized on the contribution
Under Section 721, no gain or loss is generally recognized when a partner contributes property to a partnership for a partnership interest. The partnership takes a carryover basis in the property.
- A calendar-year S corporation owes a built-in gains tax and the shareholders also receive flow-through income. What is the effect of the BIG tax on the shareholders' pass-through items?
- It has no effect on pass-through items
- It is added to each shareholder's stock basis
- It increases the gain passed through to shareholders
- The BIG tax paid by the corporation reduces the amount of gain passed through to shareholders
Correct answer: The BIG tax paid by the corporation reduces the amount of gain passed through to shareholders
The BIG tax paid by the corporation reduces the gain passed through to shareholders, treated as a loss or deduction of the same character. This prevents the same economic gain from being taxed twice in full.
- A partnership reports a $40,000 ordinary loss, and a partner with sufficient basis materially participates but is not at risk for $10,000 of the loss. How much loss can the partner currently deduct?
- $0, because partnership losses are always passive
- $40,000, because material participation removes all limits
- $10,000, the amount at risk
- $30,000, because the at-risk rules suspend the $10,000 not at risk
Correct answer: $30,000, because the at-risk rules suspend the $10,000 not at risk
The partner can currently deduct $30,000 because the at-risk rules suspend the $10,000 not at risk. Material participation defeats the passive rules but does not override the separate at-risk limitation.
- A C corporation accumulates $900,000 of earnings with no documented business need beyond the credit amount. Which consequence is most likely if challenged?
- A deduction for the accumulated amount
- Automatic loss of corporate status
- Imposition of the accumulated earnings tax on the excess accumulation
- Imposition of the built-in gains tax
Correct answer: Imposition of the accumulated earnings tax on the excess accumulation
Imposition of the accumulated earnings tax on the excess accumulation is most likely. Earnings retained beyond the reasonable needs of the business and the credit can trigger the penalty tax.
- A small business places $400,000 of qualifying equipment in service and has $90,000 of business taxable income before the Section 179 deduction. What limits its current Section 179 deduction the most?
- Section 179 cannot exceed depreciation already taken
- The $90,000 business taxable income limitation, with the excess carried forward
- The entity must be a C corporation to use Section 179
- The deduction is capped at salvage value
Correct answer: The $90,000 business taxable income limitation, with the excess carried forward
The $90,000 business taxable income limitation is the binding constraint, with the disallowed Section 179 amount carried forward. Section 179 cannot create or increase a loss.
- A SEP IRA and a SIMPLE IRA are compared for a 20-employee business. Which statement best distinguishes the employer's funding obligation?
- A SEP requires uniform employer contributions for all eligible employees; a SIMPLE requires either a match or a 2% nonelective contribution
- Neither requires any employer contribution
- A SIMPLE is employer-only while a SEP allows employee deferrals
- Both require the employer to contribute exactly 6% for all employees
Correct answer: A SEP requires uniform employer contributions for all eligible employees; a SIMPLE requires either a match or a 2% nonelective contribution
A SEP requires uniform employer contributions for all eligible employees, while a SIMPLE requires either a match or a 2% nonelective contribution. These differing obligations affect plan cost and design.
- How is a single-member LLC that makes no entity election treated for federal income tax purposes?
- As an S corporation filing Form 1120-S
- As a disregarded entity reported on the owner's return
- As a C corporation filing Form 1120
- As a partnership filing Form 1065
Correct answer: As a disregarded entity reported on the owner's return
A single-member LLC with no election is a disregarded entity, with its activity reported on the owner's return (such as Schedule C for an individual). It can elect corporate treatment via Form 8832.
- A partnership distributes property (not cash) to a partner. What is the general gain-recognition rule on a current property distribution?
- No gain is generally recognized; the partner takes the property with a carryover basis limited to outside basis
- The partner recognizes gain equal to the property's fair market value
- The partnership recognizes gain on the appreciation
- The distribution is always fully taxable
Correct answer: No gain is generally recognized; the partner takes the property with a carryover basis limited to outside basis
No gain is generally recognized on a current property distribution; the partner takes a carryover basis limited to outside basis. Gain on property distributions is generally deferred, unlike excess cash distributions.
- Which statement about an S corporation's accumulated adjustments account (AAA) is correct?
- It tracks undistributed income that has already been taxed to shareholders and can be distributed tax-free
- It measures the built-in gains tax base
- It represents the corporation's accumulated earnings and profits from C years
- It is the same as each shareholder's stock basis
Correct answer: It tracks undistributed income that has already been taxed to shareholders and can be distributed tax-free
The accumulated adjustments account tracks undistributed previously taxed income that an S corporation can distribute tax-free. It differs from C corporation earnings and profits, which carry over after conversion.
- A C corporation has a net capital loss for the year. How is it treated?
- It offsets up to $3,000 of ordinary income like an individual
- It is fully deductible against ordinary income
- It cannot offset ordinary income; it is carried back 3 years and forward 5 years against capital gains
- It carries forward indefinitely with no limit
Correct answer: It cannot offset ordinary income; it is carried back 3 years and forward 5 years against capital gains
A corporate net capital loss cannot offset ordinary income; it is carried back 3 years and forward 5 years to offset capital gains. Individuals, by contrast, may deduct up to $3,000 against ordinary income.
- A partner sells their entire partnership interest at a gain. How is the gain generally characterized?
- Always short-term capital gain
- Generally capital gain, except ordinary to the extent attributable to hot assets
- Entirely ordinary income
- Entirely tax-free as a return of basis
Correct answer: Generally capital gain, except ordinary to the extent attributable to hot assets
Gain on the sale of a partnership interest is generally capital, except ordinary to the extent attributable to hot assets such as unrealized receivables and inventory. This prevents converting ordinary income into capital gain.
- How is the qualified business income (QBI) deduction reflected for an owner receiving business income on a Schedule K-1?
- The partnership claims the QBI deduction at the entity level
- The deduction is taken on Form 1065 itself
- The K-1 reports QBI information that the owner uses to compute the deduction on their individual return
- QBI never applies to pass-through business income
Correct answer: The K-1 reports QBI information that the owner uses to compute the deduction on their individual return
The K-1 reports QBI information that the owner uses to compute the deduction on their individual return. Pass-through entities do not claim the QBI deduction at the entity level.
- Which event generally terminates a corporation's S election?
- Having more than 100 shareholders or an ineligible shareholder such as a corporation
- Distributing all of its income to shareholders
- Earning a net operating loss for the year
- Paying reasonable compensation to shareholder-employees
Correct answer: Having more than 100 shareholders or an ineligible shareholder such as a corporation
Having more than 100 shareholders or an ineligible shareholder such as a corporation terminates an S election. Creating a second class of stock would also cause termination.
- A business places more than 40% of its annual depreciable personal property in service during the last quarter of the year. Which MACRS convention applies?
- The mid-quarter convention
- The full-year convention
- The mid-month convention
- The half-year convention
Correct answer: The mid-quarter convention
The mid-quarter convention applies when more than 40% of depreciable personal property is placed in service during the last quarter. It treats property as placed in service at the midpoint of the quarter rather than midyear.
- An exempt organization receives substantial passive rental income from real property it owns debt-free. How is that rental income generally treated?
- Taxed at corporate rates regardless of source
- Generally excluded from unrelated business taxable income
- Always subject to the unrelated business income tax
- Treated as a prohibited transaction causing revocation
Correct answer: Generally excluded from unrelated business taxable income
Passive rental income from debt-free real property is generally excluded from unrelated business taxable income. Debt-financed property, however, can produce taxable income even if otherwise passive.
- On a fiduciary income tax return, how is income that is required to be distributed currently to a beneficiary generally taxed?
- To the trust or estate only
- To the trustee personally
- To the beneficiary, whether or not the income is actually distributed
- To neither party because it is tax-exempt
Correct answer: To the beneficiary, whether or not the income is actually distributed
Income required to be distributed currently is generally taxed to the beneficiary, whether or not actually distributed. The estate or trust takes a corresponding distribution deduction limited by distributable net income.
- A taxpayer has $25,000 of suspended passive losses from a rental activity and sells the entire activity in a fully taxable disposition. What happens to the suspended losses?
- They are added to the basis of the buyer's property
- They are freed up and become fully deductible in the year of disposition
- They convert into a capital loss carryover only
- They remain suspended after the sale
Correct answer: They are freed up and become fully deductible in the year of disposition
Suspended passive losses are freed up and become fully deductible upon a fully taxable disposition of the entire activity. This is the primary way to use otherwise-trapped passive losses.
- Which contribution arrangement is permitted only under a SIMPLE IRA, not a SEP IRA?
- Employer nonelective contributions
- Employee elective salary-reduction deferrals
- Contributions to traditional IRAs of employees
- Tax-deferred growth of plan assets
Correct answer: Employee elective salary-reduction deferrals
Employee elective salary-reduction deferrals are permitted only under a SIMPLE IRA, not a SEP. A SEP is funded solely by employer contributions.
- A partnership has a partner whose share of nonrecourse liabilities increases by $5,000. What is the effect on that partner's basis?
- Basis is unaffected by nonrecourse liabilities
- Basis decreases by $5,000
- The increase is taxable income to the partner
- Basis increases by $5,000 as a deemed cash contribution
Correct answer: Basis increases by $5,000 as a deemed cash contribution
An increase in a partner's share of partnership liabilities, including qualifying nonrecourse liabilities, increases basis as a deemed cash contribution. Liability shifts are treated as deemed contributions or distributions.
- How are organizational and start-up costs of a new business generally treated for tax purposes?
- Up to $5,000 of each may be deducted currently, with the remainder amortized over 180 months
- They must be capitalized with no recovery until the business closes
- All such costs are permanently nondeductible
- All such costs must be deducted in the first year
Correct answer: Up to $5,000 of each may be deducted currently, with the remainder amortized over 180 months
Up to $5,000 each of organizational and start-up costs may be deducted currently (subject to phase-out), with the remainder amortized over 180 months. This lets a new business recover formation costs over time.
- A partner contributes services, not property or cash, in exchange for a capital interest in a partnership. What is the general tax result to that partner?
- The contribution is always a tax-free Section 721 event
- The partner recognizes capital gain only
- No income is recognized for any service contribution
- The fair market value of the capital interest received is ordinary compensation income
Correct answer: The fair market value of the capital interest received is ordinary compensation income
When a partner receives a capital interest for services, the fair market value of that interest is ordinary compensation income. Section 721 nonrecognition applies to property contributions, not services.
- A C corporation distributes appreciated property to a shareholder as a dividend. What is the corporation's tax result?
- The corporation recognizes no gain on the distribution
- The corporation recognizes gain as if it sold the property at fair market value
- The corporation deducts the property's fair market value
- Only the shareholder has a tax consequence
Correct answer: The corporation recognizes gain as if it sold the property at fair market value
A C corporation recognizes gain as if it sold appreciated property at fair market value when distributing it. The shareholder separately has dividend income equal to the property's fair market value.
- Which item reduces an S corporation shareholder's stock basis but not below zero?
- The shareholder's share of losses and nondeductible expenses
- Additional capital contributions
- The shareholder's share of tax-exempt income
- The shareholder's share of income
Correct answer: The shareholder's share of losses and nondeductible expenses
An S corporation shareholder's share of losses and nondeductible expenses reduces stock basis but not below zero. Income and contributions increase basis; distributions reduce it after income.
- How long after transferring the relinquished property must replacement property generally be received to qualify under Section 1031, even if a tax return due date arrives sooner?
- By 45 days from transfer
- By the earlier of 180 days or the tax return due date including extensions
- By the end of the calendar year only
- By exactly 180 days, with no return-date limitation
Correct answer: By the earlier of 180 days or the tax return due date including extensions
Replacement property must generally be received by the earlier of 180 days or the tax return due date including extensions. A taxpayer may need to extend the return to preserve the full 180-day window.
- A business has a net operating loss this year and substantial income next year. What is the practical benefit of the NOL carryforward?
- It generates an immediate cash refund this year
- It reduces taxable income in the future profitable year, subject to the 80% limit
- It increases the business's basis in its assets
- It eliminates self-employment tax next year
Correct answer: It reduces taxable income in the future profitable year, subject to the 80% limit
The NOL carryforward reduces taxable income in the future profitable year, subject to the 80% limitation. It smooths tax liability across profitable and unprofitable years.
- Which scenario most clearly supports treating a worker as an independent contractor rather than an employee?
- The business trains the worker in detailed company procedures
- The business sets the worker's daily hours and provides all equipment
- The worker offers services to the public, supplies their own tools, and can realize a profit or loss
- The worker can be terminated at will for any reason without liability
Correct answer: The worker offers services to the public, supplies their own tools, and can realize a profit or loss
A worker who offers services to the public, supplies their own tools, and can realize a profit or loss looks like an independent contractor. These reflect financial control and a business-like relationship rather than employer control.
- Which form does a partnership use to compute and elect depreciation, including the Section 179 deduction and bonus depreciation?
- Form 4797
- Form 4562
- Form 3115
- Form 8949
Correct answer: Form 4562
Form 4562 is used to claim depreciation and amortization, including the Section 179 election and bonus depreciation. Form 4797 instead reports sales of business property.
- A business sells real property used in its trade or business at a gain after years of straight-line MACRS depreciation. How is unrecaptured Section 1250 gain treated for a noncorporate taxpayer?
- Excluded from income entirely
- Taxed at the 21% corporate rate
- Taxed at a maximum 25% capital gains rate to the extent of prior depreciation
- Taxed entirely as ordinary income
Correct answer: Taxed at a maximum 25% capital gains rate to the extent of prior depreciation
Unrecaptured Section 1250 gain is taxed at a maximum 25% capital gains rate for noncorporate taxpayers, to the extent of prior straight-line depreciation. The remaining 1231 gain receives ordinary long-term capital gain rates.
- Which statement about reporting guaranteed payments on the partnership return is correct?
- They are reported as a dividend on Form 1099-DIV
- They are reported only on the partner's W-2
- They are reported on the partnership return and on the receiving partner's Schedule K-1 as guaranteed payment income
- They are not reported anywhere because they are internal transfers
Correct answer: They are reported on the partnership return and on the receiving partner's Schedule K-1 as guaranteed payment income
Guaranteed payments are reported on the partnership return and on the receiving partner's Schedule K-1 as guaranteed payment income. The partner reports them as ordinary income separate from the distributive share.
- An estate elects a fiscal year ending in a month other than December. What does this allow the estate to do?
- Choose a tax year ending on the last day of any month within 12 months of death
- Use a calendar year only
- Permanently defer all beneficiary income
- Avoid filing Form 1041 entirely
Correct answer: Choose a tax year ending on the last day of any month within 12 months of death
An estate may choose a fiscal year ending on the last day of any month within 12 months of the decedent's death. Trusts, in contrast, are generally required to use a calendar year.
- A C corporation has earnings and profits and distributes cash exceeding current and accumulated E&P. How is the excess treated to the shareholder?
- First a tax-free return of stock basis, then capital gain
- Entirely as a tax-free distribution
- Entirely as ordinary dividend income
- As a guaranteed payment subject to SE tax
Correct answer: First a tax-free return of stock basis, then capital gain
A distribution exceeding current and accumulated E&P is first a tax-free return of stock basis, then capital gain. The dividend portion is limited to available earnings and profits.
- Which characteristic must qualified property generally have to be eligible for bonus depreciation?
- It must be real property with a 39-year recovery period
- It must be intangible goodwill
- It must generally have a MACRS recovery period of 20 years or less
- It must be inventory held for resale
Correct answer: It must generally have a MACRS recovery period of 20 years or less
Qualified property for bonus depreciation must generally have a MACRS recovery period of 20 years or less. Most machinery, equipment, and qualified improvement property can qualify; buildings generally cannot.
- A partner's outside basis is $0 and the partnership allocates additional ordinary loss for the year. What is the result?
- The partner recognizes gain equal to the loss
- The loss is suspended and carried forward until the partner restores basis
- The loss is fully deductible despite zero basis
- The partnership must dissolve
Correct answer: The loss is suspended and carried forward until the partner restores basis
With zero outside basis, additional loss is suspended and carried forward until the partner restores basis. A partner cannot deduct losses beyond basis.
- Which entity is generally NOT permitted to be a shareholder of an S corporation?
- A qualified single-member disregarded LLC owned by an individual
- An individual U.S. citizen
- An estate
- A C corporation
Correct answer: A C corporation
A C corporation is generally not permitted to be an S corporation shareholder. Eligible shareholders are mainly U.S. individuals, estates, and certain trusts.
- A business pays a Section 179 deduction-eligible amount on an SUV used over 50% for business but subject to the heavy-vehicle limit. How are such 'listed property' assets treated when business use drops to 50% or less in a later year?
- No recapture ever applies to vehicles
- The prior deductions are converted to capital losses
- The asset must be sold immediately
- Excess depreciation, including Section 179, may have to be recaptured as ordinary income
Correct answer: Excess depreciation, including Section 179, may have to be recaptured as ordinary income
When listed property business use drops to 50% or less, excess depreciation including Section 179 may have to be recaptured as ordinary income. Listed property carries this recapture risk.
- How is income earned by a grantor trust generally taxed?
- It is taxed to the trust at compressed trust rates
- It is exempt from tax
- It is taxed directly to the grantor, who is treated as the owner
- It is taxed only to the beneficiaries
Correct answer: It is taxed directly to the grantor, who is treated as the owner
Income of a grantor trust is generally taxed directly to the grantor, who is treated as the owner. The trust's items are reported on the grantor's own return.
- A partnership wants to specially allocate an item disproportionately to a partner's ownership percentage. What standard must the allocation meet to be respected?
- It must be approved by the IRS in advance
- Special allocations are never permitted
- It must match each partner's capital exactly
- It must have substantial economic effect
Correct answer: It must have substantial economic effect
A special allocation must have substantial economic effect to be respected. Otherwise, the IRS reallocates items according to the partners' interests in the partnership.
- What is the maximum number of years over which residential rental real estate is depreciated under MACRS?
- 7 years using 200% declining balance
- 39 years using straight-line
- 27.5 years using straight-line and the mid-month convention
- 15 years using 150% declining balance
Correct answer: 27.5 years using straight-line and the mid-month convention
Residential rental real estate is depreciated over 27.5 years using straight-line and the mid-month convention. Nonresidential real property uses 39 years instead.
- A controlling shareholder loans money personally to their S corporation, which then incurs a loss. How does the loan affect the shareholder's ability to deduct the loss?
- The loan has no effect on loss deductibility
- Corporate-level loans from third parties would create the same basis
- The direct loan creates debt basis that can absorb losses beyond stock basis
- The loan increases stock basis but not debt basis
Correct answer: The direct loan creates debt basis that can absorb losses beyond stock basis
A direct shareholder loan creates debt basis that can absorb losses beyond stock basis in an S corporation. Only direct loans from the shareholder count; third-party corporate debt does not.
- Which of the following is a separately stated item that flows through on a partnership Schedule K-1 and is taxed differently at the partner level?
- Depreciation included in ordinary income
- Net long-term capital gain
- Cost of goods sold
- Repairs and maintenance expense
Correct answer: Net long-term capital gain
Net long-term capital gain is separately stated because it is taxed at preferential rates at the partner level. Ordinary trade-or-business items like cost of goods sold are netted into ordinary income.
- A self-employed individual computes the deductible portion of self-employment tax. How is that deduction treated?
- It is an itemized deduction subject to a floor
- One-half of self-employment tax is an above-the-line deduction in computing AGI
- The full self-employment tax is deductible on Schedule C
- None of the self-employment tax is deductible
Correct answer: One-half of self-employment tax is an above-the-line deduction in computing AGI
One-half of self-employment tax is an above-the-line deduction in computing AGI for the self-employed business owner. This mirrors the employer-share treatment that employees receive.
- A new partnership must obtain a federal identification number. Which form is used?
- Form SS-4 to apply for an Employer Identification Number
- Form W-9
- Form 1065 only
- Form 2848
Correct answer: Form SS-4 to apply for an Employer Identification Number
Form SS-4 is used to apply for an Employer Identification Number, which a partnership needs to file returns and pay taxes. The EIN identifies the entity to the IRS.
- How are tax-exempt interest items reported on a partnership Schedule K-1 treated by the partner?
- They become taxable ordinary income to the partner
- They retain their tax-exempt character and increase the partner's basis
- They are ignored entirely
- They decrease the partner's basis
Correct answer: They retain their tax-exempt character and increase the partner's basis
Tax-exempt income reported on a K-1 retains its character and increases the partner's basis even though it is not taxed. Basis adjustments reflect all economic items, taxable or not.
- A trust accumulates rather than distributes its income. Which rate structure generally applies to the trust's taxable income?
- A 0% rate on all retained income
- Compressed tax brackets that reach the top rate at a low income level
- The flat 21% corporate rate
- The same brackets as a married couple
Correct answer: Compressed tax brackets that reach the top rate at a low income level
A trust's retained taxable income is subject to compressed brackets that reach the top rate at a low income level. This discourages accumulating income inside trusts to defer tax.
- A partnership has 'hot assets' consisting of unrealized receivables and inventory. Why are these significant when a partner sells their interest?
- They cause part of the gain to be taxed as ordinary income rather than capital gain
- They convert capital gain into a deduction
- They are irrelevant to the selling partner
- They make the entire gain tax-free
Correct answer: They cause part of the gain to be taxed as ordinary income rather than capital gain
Hot assets cause part of the gain on a sale of a partnership interest to be taxed as ordinary income rather than capital gain. This prevents converting ordinary income into capital gain through the sale.
- A C corporation pays the accumulated earnings tax. At what rate is the accumulated earnings tax imposed on the accumulated taxable income?
Correct answer: 20%
The accumulated earnings tax is imposed at a 20% rate on accumulated taxable income. It is a penalty in addition to the regular corporate income tax.
- How is bonus depreciation claimed if a taxpayer does NOT want to use it on a class of property?
- Bonus depreciation cannot be declined
- The taxpayer must affirmatively elect out for the entire class of property
- It is never automatic, so no election is needed
- The taxpayer must request IRS permission to opt out
Correct answer: The taxpayer must affirmatively elect out for the entire class of property
Bonus depreciation applies automatically unless the taxpayer affirmatively elects out for the entire class of property. The election out is made by class, not asset by asset.
- An S corporation with accumulated earnings and profits from prior C years makes a distribution exceeding its accumulated adjustments account. How is the excess generally treated?
- As a guaranteed payment
- As a tax-free return of basis regardless of E&P
- As a taxable dividend to the extent of accumulated earnings and profits
- As wages subject to payroll tax
Correct answer: As a taxable dividend to the extent of accumulated earnings and profits
A distribution exceeding the accumulated adjustments account is a taxable dividend to the extent of accumulated earnings and profits from prior C years. This ordering applies only when the S corporation has such E&P.
- Which loss limitation specifically considers whether a taxpayer would suffer an actual economic loss from the activity?
- The basis limitation
- The at-risk rules
- The wash sale rule
- The passive activity loss rules
Correct answer: The at-risk rules
The at-risk rules specifically consider whether the taxpayer would suffer an actual economic loss, limiting deductions to amounts genuinely at risk. They prevent deducting losses funded by nonrecourse financing.
- A partnership terminates when which event occurs under current law?
- One partner sells less than 50% of their interest
- A new partner is admitted
- No part of any business continues to be carried on by any of its partners in a partnership
- The partnership has a net operating loss
Correct answer: No part of any business continues to be carried on by any of its partners in a partnership
A partnership terminates when no part of its business continues to be carried on by any of its partners in a partnership form. The prior technical-termination rule for 50% interest transfers was repealed.
- A SEP IRA contribution for a self-employed person is based on what measure of income?
- Total household income
- Gross receipts before any expenses
- Adjusted gross income from all sources
- Net earnings from self-employment after adjustments
Correct answer: Net earnings from self-employment after adjustments
A SEP contribution for a self-employed person is based on net earnings from self-employment after adjustments, including the deduction for one-half of SE tax. This reduces the base used to compute the contribution.
- A partnership makes a Section 754 election. What does this election allow?
- A waiver of the partnership return filing requirement
- An election to be taxed as a corporation
- An adjustment to the basis of partnership assets on transfers of interests or certain distributions
- An election to deduct all losses without basis limits
Correct answer: An adjustment to the basis of partnership assets on transfers of interests or certain distributions
A Section 754 election allows an adjustment to the basis of partnership assets on transfers of interests or certain distributions. It aligns inside basis with the transferee's outside basis.
- Which best describes 'qualified improvement property' for depreciation purposes?
- Residential rental buildings
- Land improvements such as parking lots only
- New construction of an entire commercial building
- Certain interior improvements to nonresidential real property, eligible for a 15-year recovery period
Correct answer: Certain interior improvements to nonresidential real property, eligible for a 15-year recovery period
Qualified improvement property is certain interior improvements to nonresidential real property, eligible for a 15-year recovery period and bonus depreciation. This corrected its earlier 39-year classification.
- A partnership distributes cash that reduces a partner's basis to exactly zero, with no excess. What gain does the partner recognize?
- No gain, because the distribution did not exceed basis
- Capital gain equal to half the distribution
- Gain equal to the full distribution
- Ordinary income equal to the distribution
Correct answer: No gain, because the distribution did not exceed basis
No gain is recognized because the cash distribution did not exceed basis; it simply reduced basis to zero. Gain arises only when a cash distribution exceeds outside basis.
- An exempt organization must avoid private inurement. What does the private inurement prohibition forbid?
- Receiving charitable donations
- Paying any salaries to employees
- Allowing the organization's net earnings to benefit private individuals such as insiders
- Holding investments that produce income
Correct answer: Allowing the organization's net earnings to benefit private individuals such as insiders
The private inurement prohibition forbids the organization's net earnings from benefiting private individuals such as insiders. Violations can jeopardize tax-exempt status.
- A converted S corporation is within its recognition period and sells an asset that had no built-in gain at conversion. Is built-in gains tax owed on that sale?
- No, because there was no net unrealized built-in gain on that asset at conversion
- Yes, but only the accumulated earnings tax applies
- Yes, on the entire gain regardless of conversion-date values
- Yes, on the full sale price
Correct answer: No, because there was no net unrealized built-in gain on that asset at conversion
No built-in gains tax is owed because there was no net unrealized built-in gain on that asset at conversion. The tax targets only appreciation that existed on the conversion date.
- A partner actively manages a partnership and receives both a distributive share of ordinary income and a guaranteed payment. Which amounts are generally subject to self-employment tax for a general partner?
- Only the guaranteed payment, never the distributive share
- Only the distributive share, never the guaranteed payment
- Both the distributive share of trade-or-business income and the guaranteed payment for services
- Neither amount is subject to self-employment tax
Correct answer: Both the distributive share of trade-or-business income and the guaranteed payment for services
For a general partner, both the distributive share of trade-or-business income and the guaranteed payment for services are generally subject to self-employment tax. Limited partners are treated differently for the distributive share.
- How is a contribution to a SIMPLE IRA by an employee reported with respect to the employee's wages?
- The elective deferral reduces the employee's taxable wages for income tax
- It has no effect on the employee's taxable wages
- It increases taxable wages by the deferral
- It is reported only on the employer's return
Correct answer: The elective deferral reduces the employee's taxable wages for income tax
A SIMPLE IRA elective deferral reduces the employee's taxable wages for income tax, though it remains subject to Social Security and Medicare taxes. Pre-tax deferrals lower current income tax.
- Which of these is a primary advantage of S corporation status over a C corporation for a small business owner?
- Avoidance of double taxation through pass-through treatment
- Ability to issue multiple classes of stock
- Entity-level deduction for distributions
- Unlimited number of shareholders
Correct answer: Avoidance of double taxation through pass-through treatment
Avoidance of double taxation through pass-through treatment is a primary S corporation advantage over a C corporation. Income is generally taxed once at the shareholder level.
- A partnership reports a Section 179 deduction. How is the deduction passed to partners?
- It is reported as a guaranteed payment
- It is deducted only on the partnership return and never passed through
- It is separately stated on Schedule K-1 and subject to limits at the partner level
- It is netted into ordinary business income at the entity level
Correct answer: It is separately stated on Schedule K-1 and subject to limits at the partner level
A Section 179 deduction is separately stated on Schedule K-1 and subject to the dollar and income limits at the partner level. Both the entity and partner test the limits.
- A business that fails to make timely federal employment tax deposits may face which consequence in addition to the trust fund recovery penalty against responsible persons?
- Automatic forfeiture of its EIN
- A failure-to-deposit penalty against the business based on how late the deposit is
- A reduction of its depreciation deductions
- Conversion to C corporation status
Correct answer: A failure-to-deposit penalty against the business based on how late the deposit is
A business that fails to deposit employment taxes timely faces a failure-to-deposit penalty based on how late the deposit is. This entity-level penalty is separate from the trust fund recovery penalty on responsible persons.
- Which type of trust is generally required to distribute all of its income currently and is sometimes called a 'simple trust'?
- A trust required to distribute all income currently, make no charitable contributions, and distribute no corpus
- A charitable remainder trust
- A trust that accumulates all income
- A grantor trust taxed to the grantor
Correct answer: A trust required to distribute all income currently, make no charitable contributions, and distribute no corpus
A simple trust is one required to distribute all income currently, that makes no charitable contributions, and distributes no corpus during the year. A complex trust may accumulate income or distribute principal.
- A partnership's ordinary business income is increased by which adjustment?
- Adding the partners' outside basis
- Adding back nondeductible expenses is not done; rather, deductible ordinary expenses reduce it while gross receipts increase it
- Adding separately stated capital gains
- Adding tax-exempt interest income
Correct answer: Adding back nondeductible expenses is not done; rather, deductible ordinary expenses reduce it while gross receipts increase it
Partnership ordinary business income is increased by gross receipts and reduced by deductible ordinary expenses; separately stated items like capital gains and tax-exempt interest are excluded from it. They flow through separately on the K-1.
- Which is an example of a Section 1245 asset subject to full ordinary-income depreciation recapture on sale at a gain?
- A commercial building depreciated straight-line
- Corporate stock
- Land held for investment
- Depreciable machinery used in a business
Correct answer: Depreciable machinery used in a business
Depreciable machinery is a Section 1245 asset subject to full ordinary-income depreciation recapture on a gain. Real property is generally Section 1250 property with different recapture rules.
- A self-employed individual establishes a one-participant 401(k) (solo 401(k)). What is a distinctive feature compared with a SEP?
- It permits an unlimited number of participating employees
- It cannot accept any pre-tax contributions
- It is funded only by the employer like a SEP
- It allows both employee elective deferrals and an employer profit-sharing contribution
Correct answer: It allows both employee elective deferrals and an employer profit-sharing contribution
A solo 401(k) allows both employee elective deferrals and an employer profit-sharing contribution, often permitting larger total contributions than a SEP at the same income. It suits an owner with no non-spouse employees.
- A partnership has a partner who is a limited partner. How is that limited partner's distributive share of ordinary business income generally treated for self-employment tax?
- Generally not subject to self-employment tax, unlike a general partner's share
- Treated as wages with withholding
- Always fully subject to self-employment tax
- Treated as a guaranteed payment
Correct answer: Generally not subject to self-employment tax, unlike a general partner's share
A limited partner's distributive share of ordinary business income is generally not subject to self-employment tax, unlike a general partner's share. Guaranteed payments for services, however, can still be subject to SE tax.
- An exchange of business real estate qualifies under Section 1031, but the taxpayer also assumes a smaller mortgage on the replacement property and is relieved of a larger mortgage. How is the net debt relief treated?
- Net debt relief is always tax-free
- Net debt relief increases the basis of the replacement property
- Net debt relief is treated as boot, potentially triggering gain
- Net debt relief disqualifies the exchange entirely
Correct answer: Net debt relief is treated as boot, potentially triggering gain
Net relief from debt in a like-kind exchange is treated as boot, potentially triggering gain. Debt assumed can offset debt relief, but net relief is treated as cash received.
- A partner's at-risk amount in an activity is $0 with suspended at-risk losses. What event allows those suspended losses to become deductible?
- The simple passage of three tax years
- The partnership earning tax-exempt income
- The partner selling unrelated investment property
- The partner increasing the amount at risk, such as contributing more capital
Correct answer: The partner increasing the amount at risk, such as contributing more capital
Suspended at-risk losses become deductible when the partner increases the amount at risk, such as by contributing more capital or assuming recourse debt. The losses carry forward until then.
- Which statement about S corporation fringe benefits to a more-than-2% shareholder is correct?
- All fringe benefits are tax-free to such shareholders
- More-than-2% shareholders cannot receive any benefits
- Many fringe benefits are treated like partner benefits and are includible in the shareholder's wages
- Fringe benefits are deductible only by the shareholder personally
Correct answer: Many fringe benefits are treated like partner benefits and are includible in the shareholder's wages
Many fringe benefits provided to a more-than-2% S corporation shareholder are treated like partner benefits and are includible in wages. This differs from the tax-free treatment many benefits receive for regular employees.
- A business places in service qualifying property and elects Section 179 on the full cost, leaving no basis. How much MACRS depreciation remains on that property?
- None, because the full cost was expensed under Section 179
- Half the cost remains to depreciate
- Bonus depreciation must still be applied to the full cost
- The full cost is still depreciated over its recovery period
Correct answer: None, because the full cost was expensed under Section 179
No MACRS depreciation remains because the full cost was expensed under Section 179, leaving zero basis. Depreciation applies only to remaining basis after Section 179 and bonus depreciation.
- Which return reports the income tax of a bankruptcy estate of an individual debtor in a Chapter 7 or 11 case?
- Form 1065
- Form 990-T
- Form 1120-S
- Form 1041 filed by the bankruptcy estate as a separate taxable entity
Correct answer: Form 1041 filed by the bankruptcy estate as a separate taxable entity
The income tax of an individual debtor's bankruptcy estate in a Chapter 7 or 11 case is reported on Form 1041 filed by the estate as a separate taxable entity. The estate succeeds to certain tax attributes of the debtor.
- A partnership incurs a $100,000 ordinary loss, and an equal one-third partner has $20,000 of outside basis, is fully at risk, and materially participates. How much loss may that partner currently deduct?
- $20,000, limited by outside basis, with the remainder suspended
- $100,000, the entire partnership loss
- $33,333, the full distributive share
- $0, because material participation bars the loss
Correct answer: $20,000, limited by outside basis, with the remainder suspended
The partner may deduct $20,000, limited by outside basis, with the remaining share suspended until basis is restored. The basis limit applies before at-risk and passive limits, and here it is the binding constraint.
- How does an S corporation report each shareholder's pro-rata share of items?
- By special allocations chosen by management
- Equally among all shareholders regardless of ownership
- Only in proportion to distributions actually made
- On Schedule K-1, allocated by stock ownership on a per-share, per-day basis
Correct answer: On Schedule K-1, allocated by stock ownership on a per-share, per-day basis
An S corporation reports each shareholder's pro-rata share on Schedule K-1, allocated by stock ownership on a per-share, per-day basis. Unlike a partnership, an S corporation cannot make special allocations.
- A business sells Section 1231 property at a loss. How is the net Section 1231 loss treated?
- As a nondeductible loss
- As a passive loss subject to suspension
- As a capital loss limited to $3,000 per year
- As an ordinary loss, fully deductible against ordinary income
Correct answer: As an ordinary loss, fully deductible against ordinary income
A net Section 1231 loss is treated as an ordinary loss, fully deductible against ordinary income. The favorable rule gives capital-gain treatment to net 1231 gains but ordinary treatment to net 1231 losses.
- Which item is reported by a partnership that affects the qualified business income deduction at the owner level?
- The partners' itemized deductions
- The partners' adjusted gross incomes
- W-2 wages paid and unadjusted basis of qualified property, reported on the K-1
- The partnership's entity-level QBI deduction
Correct answer: W-2 wages paid and unadjusted basis of qualified property, reported on the K-1
A partnership reports W-2 wages paid and the unadjusted basis of qualified property on the K-1, which owners use in the QBI wage/property limitation. The deduction itself is computed at the owner level.
- A nonprofit's unrelated business taxable income is computed by separately computing income and loss for each unrelated trade or business. What does this 'siloing' rule prevent?
- Deducting ordinary business expenses
- Using a loss from one unrelated activity to offset income from another unrelated activity
- Reporting any unrelated business income at all
- Filing Form 990-T
Correct answer: Using a loss from one unrelated activity to offset income from another unrelated activity
The siloing rule prevents using a loss from one unrelated trade or business to offset income from another. Each unrelated activity is computed separately for UBIT purposes.
- Which is true about the basis of property a partnership receives from a partner in a Section 721 contribution?
- The basis is determined by the partnership agreement
- The partnership takes a stepped-up fair market value basis
- The partnership takes a carryover (transferred) basis equal to the partner's basis
- The partnership takes a zero basis
Correct answer: The partnership takes a carryover (transferred) basis equal to the partner's basis
In a Section 721 contribution, the partnership takes a carryover basis equal to the contributing partner's basis. This preserves any built-in gain or loss for later recognition.
- A C corporation's net operating loss arising in 2026 is carried to a future year. Can it fully eliminate that year's taxable income?
- Yes, but only against capital gains
- No, NOLs of corporations cannot be carried forward
- No, the NOL deduction is limited to 80% of that year's taxable income
- Yes, it can reduce taxable income to zero with no limit
Correct answer: No, the NOL deduction is limited to 80% of that year's taxable income
No, the post-2017 NOL deduction is limited to 80% of the carryforward year's taxable income, so it cannot fully eliminate it. The unused portion continues to carry forward.
- A partnership distributes only cash equal to a partner's basis at year end, after allocating income that already increased basis. What is the order of basis adjustments?
- Net the two simultaneously
- Reduce for distributions first, then increase for income
- Increase basis for the year's income first, then reduce for distributions
- Ignore income and only reduce for distributions
Correct answer: Increase basis for the year's income first, then reduce for distributions
Basis is increased for the year's income first, then reduced for distributions. This ordering can prevent gain recognition that would otherwise occur if distributions were applied first.
- A worker who believes they were misclassified as an independent contractor can ask the IRS to determine their status using which form?
- Form 1099-NEC
- Form W-4
- Form SS-8
- Form 4137
Correct answer: Form SS-8
Form SS-8 is used to request an IRS determination of a worker's status for federal employment taxes. Either the business or the worker may file it.
- An S corporation shareholder's debt basis is restored in a later profitable year. In what order is it restored?
- Debt basis can never be restored once reduced
- Stock basis is always restored before debt basis
- Net increases first restore debt basis previously reduced by losses, then build stock basis
- Restoration is allocated equally between stock and debt
Correct answer: Net increases first restore debt basis previously reduced by losses, then build stock basis
Net increases first restore debt basis that prior losses reduced, then increase stock basis. This ordering matters for measuring gain on later loan repayments.
- A business owner wants the simplest small-business retirement plan with minimal administration and no annual Form 5500 filing for most arrangements. Which plan fits?
- A profit-sharing plan with a trust
- A 412(e)(3) plan
- A SEP IRA
- A traditional defined benefit pension
Correct answer: A SEP IRA
A SEP IRA fits a business owner wanting minimal administration, with most arrangements avoiding an annual Form 5500. It is funded with employer contributions to employees' IRAs.
- Which statement about the 80% NOL limitation and small businesses is most accurate?
- It applies only to C corporations
- It does not apply to any taxpayer
- It applies to corporations and individuals alike for post-2017 NOLs
- It applies only to partnerships
Correct answer: It applies to corporations and individuals alike for post-2017 NOLs
The 80% NOL limitation applies to corporations and individuals alike for post-2017 NOLs. The limitation is computed at the taxpayer level that ultimately uses the NOL.
- A partnership pays a partner a guaranteed payment of $60,000 and allocates a $10,000 distributive share of loss. How much does the partner include in income from these items?
- $60,000 of guaranteed payment income, with the $10,000 loss subject to basis and other limits
- $50,000 net, after offsetting the loss
- $0, because the items offset to a net loss
- $70,000 combined
Correct answer: $60,000 of guaranteed payment income, with the $10,000 loss subject to basis and other limits
The partner includes $60,000 of guaranteed payment income, while the $10,000 loss is a separate item subject to basis, at-risk, and passive limits. Guaranteed payments are not netted against the distributive share.
- How is bonus depreciation generally treated for purposes of a business's adjusted taxable income in the interest-limitation computation in 2026?
- Depreciation has no effect on the interest limitation
- Depreciation eliminates the interest limitation
- Depreciation is added back, loosening the interest limit
- Depreciation is subtracted in computing adjusted taxable income, which can tighten the interest limit
Correct answer: Depreciation is added back, loosening the interest limit
Under OBBBA (effective for tax years beginning after December 31, 2024), depreciation, amortization, and depletion are added back in computing adjusted taxable income for the Section 163(j) business-interest limitation, returning the computation to an EBITDA-based approach. This generally loosens the limitation by increasing the base against which the 30% cap is applied. The prior EBIT-based rule (no add-back) applied only for 2022 through 2024.
- A business contributes inventory to a partnership and later the partnership sells it at a gain shortly after. How is precontribution gain on the inventory generally handled?
- It is split equally among all partners
- It is allocated to the partner with the highest basis
- It is never recognized
- The precontribution gain is allocated back to the contributing partner under Section 704(c)
Correct answer: The precontribution gain is allocated back to the contributing partner under Section 704(c)
Precontribution gain is allocated back to the contributing partner under Section 704(c), preventing the shifting of built-in gain to other partners. The rule matches tax results to the economics of the contribution.
- How is a SIMPLE IRA's early-distribution additional tax modified during the first two years of participation?
- Distributions are entirely prohibited for two years
- There is no additional tax during the first two years
- The additional tax on early distributions increases from 10% to 25%
- The additional tax decreases to 5%
Correct answer: The additional tax on early distributions increases from 10% to 25%
During the first two years of SIMPLE IRA participation, the additional tax on early distributions increases from 10% to 25%. This discourages early withdrawals from newly established SIMPLE plans.
- An exempt organization conducts a trade or business that is substantially related to its exempt purpose. How is the income treated?
- It is taxed at individual rates
- It is generally not unrelated business income and is not taxed
- It is always subject to the unrelated business income tax
- It causes loss of exempt status
Correct answer: It is generally not unrelated business income and is not taxed
Income from a trade or business substantially related to the exempt purpose is generally not unrelated business income and is not taxed. UBIT targets only unrelated commercial activity.
- A trust makes a distribution carrying out distributable net income to two beneficiaries. How is the character of income preserved?
- The character is determined by each beneficiary's own activities
- Character is lost once income leaves the trust
- All distributed income becomes ordinary income to beneficiaries
- Each beneficiary reports income with the same character it had in the trust, prorated
Correct answer: Each beneficiary reports income with the same character it had in the trust, prorated
Each beneficiary reports income with the same character it had in the trust, prorated through distributable net income. Capital gains and tax-exempt items keep their character on the beneficiary's return.
- Which item is required for a valid S corporation election to take effect for the current year?
- Consent of all shareholders to the election
- IRS pre-approval before the year begins
- Approval by a majority of the board only
- Consent of a majority of shareholders by value
Correct answer: Consent of all shareholders to the election
Consent of all shareholders is required for a valid S corporation election. Any nonconsenting shareholder invalidates the election.
- A business takes bonus depreciation on a vehicle classified as a passenger automobile. What limits the deduction?
- Vehicles are never depreciable
- Bonus depreciation is unlimited for all vehicles
- The Section 179 cap does not apply to vehicles
- The luxury auto depreciation caps limit annual deductions, including bonus depreciation
Correct answer: The luxury auto depreciation caps limit annual deductions, including bonus depreciation
The luxury auto depreciation caps limit annual deductions on passenger automobiles, including bonus depreciation. These caps slow cost recovery on higher-value vehicles.
- A partnership reports a separately stated Section 1231 gain on the K-1. Why is it separately stated?
- Because it is always ordinary income
- Because it is exempt from tax
- Because the partnership taxes it at the entity level
- So each partner can net it with their own Section 1231 transactions to determine capital or ordinary treatment
Correct answer: So each partner can net it with their own Section 1231 transactions to determine capital or ordinary treatment
A Section 1231 gain is separately stated so each partner can net it with their own 1231 transactions to determine capital or ordinary treatment. The netting occurs at the partner level.
- A partnership wishes to change its tax year. What generally governs the required tax year of a partnership?
- It may freely choose any fiscal year
- It must generally conform to the tax years of its majority-interest or principal partners
- Partnerships cannot have a tax year
- It must always use a June 30 year-end
Correct answer: It must generally conform to the tax years of its majority-interest or principal partners
A partnership's required tax year generally conforms to its majority-interest partners or principal partners, defaulting to the least-aggregate-deferral year. A business-purpose or Section 444 election can permit a different year.
- A SEP IRA contribution is made for an employee. When does the employee owe income tax on it?
- When distributions are taken from the IRA in retirement
- In the year the employer contributes it
- Never, because SEP contributions are Roth
- Only if the employee leaves the company
Correct answer: When distributions are taken from the IRA in retirement
Employees owe income tax on SEP contributions when distributions are taken in retirement, since the contributions and earnings grow tax-deferred. SEP contributions are pre-tax employer contributions.
- A business sells an entire trade or business in an applicable asset acquisition. How is the purchase price allocated for tax purposes?
- Among the assets using the residual method under Section 1060, reported on Form 8594
- Entirely to goodwill
- At the buyer's sole discretion with no IRS form
- Equally across all asset categories
Correct answer: Among the assets using the residual method under Section 1060, reported on Form 8594
The purchase price in an applicable asset acquisition is allocated among assets using the residual method under Section 1060, reported on Form 8594. The allocation determines depreciation and gain character for both parties.
- Why might converting a profitable C corporation to an S corporation trigger the built-in gains tax later?
- Because all S corporation income is taxed at 21%
- Because S corporations cannot own appreciated assets
- Because conversion is a taxable liquidation
- Because appreciated assets held at conversion may produce built-in gains taxed at the corporate level if sold within the recognition period
Correct answer: Because appreciated assets held at conversion may produce built-in gains taxed at the corporate level if sold within the recognition period
Conversion can trigger the built-in gains tax because appreciated assets held at conversion may produce built-in gains taxed at the corporate level if sold within the recognition period. This curbs using the S election to escape corporate tax on existing appreciation.
- An employer fails to deposit withheld income and FICA taxes and uses the funds for operations. Which describes the willfulness element of the trust fund recovery penalty here?
- Willfulness cannot exist without a criminal conviction
- Mere negligence always satisfies willfulness
- Knowingly using available funds for other obligations instead of paying the trust fund taxes can establish willfulness
- Willfulness requires intent to defraud the government
Correct answer: Knowingly using available funds for other obligations instead of paying the trust fund taxes can establish willfulness
Knowingly using available funds for other obligations instead of paying the trust fund taxes can establish willfulness for the penalty. A bad motive is not required; conscious, voluntary preference of other creditors suffices.
- Which retirement vehicle allows a sole proprietor to contribute as both 'employer' and 'employee,' maximizing contributions at modest income levels?
- A SEP IRA only
- A SIMPLE IRA only
- A one-participant (solo) 401(k)
- A traditional IRA only
Correct answer: A one-participant (solo) 401(k)
A one-participant (solo) 401(k) lets a sole proprietor contribute as both employee (elective deferral) and employer (profit sharing), maximizing contributions at modest income. This often beats a SEP at lower income levels.
- An exempt organization that is a private foundation, rather than a public charity, faces which additional rule?
- Excise taxes on net investment income and prohibitions on self-dealing
- Taxation of all donations received
- Complete exemption from all filing requirements
- A flat 21% income tax on all activities
Correct answer: Excise taxes on net investment income and prohibitions on self-dealing
A private foundation faces excise taxes on net investment income and strict self-dealing prohibitions. These additional rules distinguish private foundations from public charities.
- A business places equipment in service mid-year and uses the half-year convention. In the year of disposition, how is depreciation generally claimed?
- A half-year of depreciation is generally allowed in the disposition year under the half-year convention
- No depreciation is allowed in the disposition year
- A full year of depreciation is allowed
- Depreciation continues for a full additional year after disposition
Correct answer: A half-year of depreciation is generally allowed in the disposition year under the half-year convention
Under the half-year convention, a half-year of depreciation is generally allowed in the disposition year. The convention applies symmetrically to acquisition and disposition years.
- Which is true about a partnership's separately stated Section 179 deduction when the partner has insufficient business income?
- It converts to bonus depreciation automatically
- It is lost permanently if not used
- The partner's Section 179 deduction is limited to the partner's aggregate business taxable income, with carryover
- It is always fully deductible regardless of income
Correct answer: The partner's Section 179 deduction is limited to the partner's aggregate business taxable income, with carryover
A partner's Section 179 deduction is limited to the partner's aggregate business taxable income, with disallowed amounts carried forward. The income limit is tested at both the partnership and partner levels.
- Why is the choice between an installment sale and a like-kind exchange relevant when a business sells appreciated real property?
- Neither method affects the timing of gain
- Both methods eliminate the gain permanently
- An installment sale accelerates all gain to the year of sale
- An installment sale defers gain as payments are received, while a 1031 exchange defers gain into replacement property
Correct answer: An installment sale defers gain as payments are received, while a 1031 exchange defers gain into replacement property
An installment sale defers gain as payments are received, while a Section 1031 exchange defers gain into replacement property. Each defers tax differently, and they can sometimes be combined.
- A partner abandons a worthless partnership interest with no liabilities allocated to them. How is the resulting loss generally characterized?
- As a long-term capital loss
- As an ordinary loss because there is no sale or exchange
- As a nondeductible personal loss
- As a Section 1231 gain
Correct answer: As an ordinary loss because there is no sale or exchange
Abandonment of a worthless partnership interest with no liability relief generally produces an ordinary loss because there is no sale or exchange. If liabilities are allocated, the deemed distribution can convert it to capital.
- A small employer adopts a SIMPLE IRA. By when must the employer generally establish the plan for the current year?
- By December 31 of the prior year only
- Generally by October 1 of the year for a newly established plan
- Any time before the tax return is filed
- By April 15 of the following year
Correct answer: Generally by October 1 of the year for a newly established plan
A SIMPLE IRA must generally be established by October 1 of the year for a newly established plan. New employers starting after October 1 can establish it as soon as administratively feasible.
- How is an S corporation's net investment income, such as portfolio interest and dividends, treated for the shareholders?
- Separately stated and passed through, retaining its character as portfolio income
- Treated as wages
- Taxed at the entity level only
- Folded into ordinary business income
Correct answer: Separately stated and passed through, retaining its character as portfolio income
Portfolio income such as interest and dividends is separately stated and passed through, retaining its character. It is not part of ordinary business income and is reported on the K-1.
- A partner has suspended passive losses from a partnership and the partnership begins generating passive income. What happens to the suspended losses?
- They are released to offset the new passive income
- They remain permanently suspended
- They convert into capital losses
- They become ordinary deductions against wages
Correct answer: They are released to offset the new passive income
Suspended passive losses are released to offset new passive income as it arises. This is one of the two main ways to use suspended passive losses, the other being a full disposition.
- A business reports a Section 179 deduction recapture. When does Section 179 recapture occur?
- Only when the asset is sold at a gain
- When business use of the property falls to 50% or less before the end of its recovery period
- When the asset is fully depreciated
- When the business simply continues using the asset
Correct answer: When business use of the property falls to 50% or less before the end of its recovery period
Section 179 recapture occurs when business use of the property falls to 50% or less before the end of its recovery period. The excess of Section 179 over the depreciation otherwise allowed is recaptured as ordinary income.
- Which describes how a partnership's guaranteed payment differs from a distribution for tax purposes?
- Both are deductible by the partnership
- Neither affects the partner's basis
- A guaranteed payment is deductible by the partnership and ordinary income to the partner; a distribution reduces basis and is generally not income
- Both are ordinary income to the partner
Correct answer: A guaranteed payment is deductible by the partnership and ordinary income to the partner; a distribution reduces basis and is generally not income
A guaranteed payment is deductible by the partnership and ordinary income to the partner, while a distribution reduces basis and is generally not income. Distinguishing the two is essential for proper reporting.
- A converted S corporation pays the built-in gains tax. Over what period after conversion can the BIG tax apply to recognized built-in gains?
- Indefinitely, for the life of the S corporation
- During the 5-year recognition period following conversion
- During a 10-year period in all cases
- Only in the first year after conversion
Correct answer: During the 5-year recognition period following conversion
The built-in gains tax applies during the 5-year recognition period following conversion. Built-in gains recognized after that period are not subject to the BIG tax.
- An S corporation makes a distribution and the shareholder's stock basis is insufficient to cover it (no E&P). How is the excess taxed?
- As an ordinary dividend
- As wages
- As tax-free income
- As capital gain to the extent the distribution exceeds stock basis
Correct answer: As capital gain to the extent the distribution exceeds stock basis
With no E&P, an S corporation distribution exceeding stock basis is capital gain to the extent of the excess. Distributions first reduce basis tax-free, then produce gain.
- A business with average annual gross receipts below the threshold is exempt from which limitation?
- The business interest expense limitation under the small-business exception
- All depreciation rules
- The requirement to file any tax return
- The requirement to report income
Correct answer: The business interest expense limitation under the small-business exception
A business with average annual gross receipts below the inflation-adjusted threshold is exempt from the business interest expense limitation under the small-business exception. The exception eases compliance for smaller businesses.
- A trust has a net capital gain allocable to corpus and not distributed. Who is generally taxed on that capital gain?
- Neither party
- The trust, because capital gains allocated to corpus are generally taxed at the trust level
- The grantor, in all cases
- The beneficiaries, in all cases
Correct answer: The trust, because capital gains allocated to corpus are generally taxed at the trust level
Capital gains allocated to corpus and not distributed are generally taxed at the trust level. They are typically excluded from distributable net income unless the governing instrument or practice directs otherwise.
- Which statement about employer payroll tax responsibilities for a partnership with employees is correct?
- Partners' guaranteed payments are subject to payroll withholding
- The partnership must withhold and remit employment taxes on its employees' wages
- Only corporations have payroll tax duties
- Partnerships are exempt from payroll tax obligations
Correct answer: The partnership must withhold and remit employment taxes on its employees' wages
A partnership with employees must withhold and remit employment taxes on employees' wages, like any employer. Partners themselves are not employees, so guaranteed payments are not subject to payroll withholding.
- Which Treasury document sets forth the regulations governing practice before the Internal Revenue Service by enrolled agents, attorneys, and CPAs?
- Form 2848 instructions
- Treasury Circular 230
- The Internal Revenue Manual
- Publication 17
Correct answer: Treasury Circular 230
Treasury Circular 230 contains the rules governing practice before the IRS, including who may practice, the duties and restrictions on practitioners, and the sanctions for violations. It is codified at 31 CFR Part 10.
- Under Circular 230, within what period must a practitioner generally respond to a proper request for records or information from the IRS, absent reasonable grounds for noncompliance?
- Only after receiving a summons
- Immediately upon any request
- Promptly
- Within 90 days in all cases
Correct answer: Promptly
Circular 230 requires a practitioner who receives a proper and lawful request for records or information to submit the records or information promptly, unless the practitioner believes in good faith and on reasonable grounds that the records are privileged.
- Under Circular 230, when a practitioner knows that a client has not complied with the revenue laws or has made an error or omission on a return, what is the practitioner required to do?
- Immediately resign from the engagement
- Amend the return without telling the client
- Advise the client of the noncompliance, error, or omission and the consequences
- Report the client directly to the IRS Criminal Investigation division
Correct answer: Advise the client of the noncompliance, error, or omission and the consequences
Circular 230 requires the practitioner to advise the client promptly of the noncompliance, error, or omission and of the consequences as provided under the Code and regulations. The practitioner is not required to correct it or notify the IRS without client consent.
- Under Circular 230, which practice is prohibited regarding fees a practitioner may charge for preparing an original tax return?
- Charging a flat fee
- Charging based on complexity
- Charging an hourly fee
- Charging an unconscionable fee
Correct answer: Charging an unconscionable fee
Circular 230 prohibits a practitioner from charging an unconscionable fee for representation. It also restricts contingent fees, but ordinary hourly, flat, or complexity-based fees are permitted as long as they are not unconscionable.
- Under Circular 230, a contingent fee is generally permitted in which of the following circumstances?
- Preparation of an original income tax return
- Services rendered in connection with an IRS examination of an original return
- A claim for refund filed without any examination
- Routine bookkeeping services
Correct answer: Services rendered in connection with an IRS examination of an original return
Circular 230 generally prohibits contingent fees but allows them for services in connection with an IRS examination of, or challenge to, an original return, or an amended return or refund claim filed within 120 days of the taxpayer receiving a written notice of examination.
- Under Circular 230, what is a practitioner's obligation regarding negotiating a taxpayer's IRS refund check?
- A practitioner may not endorse or otherwise negotiate any refund check issued to a client
- A practitioner may endorse or negotiate the client's refund check
- A practitioner may deposit it into the firm trust account
- A practitioner may cash the check if fees are owed
Correct answer: A practitioner may not endorse or otherwise negotiate any refund check issued to a client
Circular 230 prohibits a practitioner from endorsing or otherwise negotiating any check issued to a client by the government in respect of a federal tax liability. This rule protects clients from preparers diverting refunds.
- Under Circular 230, a practitioner must exercise due diligence in which of the following?
- Only in oral advice to clients
- Only in written tax advice
- Only when representing clients before Appeals
- In preparing, approving, and filing returns and other documents relating to IRS matters
Correct answer: In preparing, approving, and filing returns and other documents relating to IRS matters
Circular 230 requires a practitioner to exercise due diligence in preparing, approving, and filing tax returns, documents, and other papers relating to IRS matters, and in determining the correctness of oral and written representations made to clients and to the IRS.
- Under Circular 230, which official within the IRS is responsible for matters of practitioner discipline and oversight of practice before the IRS?
- The Commissioner of Internal Revenue
- The Office of Professional Responsibility
- The Chief Counsel
- The Taxpayer Advocate
Correct answer: The Office of Professional Responsibility
The IRS Office of Professional Responsibility (OPR) has jurisdiction over practitioner conduct and discipline under Circular 230. OPR investigates alleged violations and can pursue sanctions against practitioners.
- Under Circular 230, which of the following sanctions may be imposed on a practitioner for willful violation of the regulations?
- Loss of citizenship
- Automatic revocation of a CPA license
- Censure, suspension, or disbarment from practice before the IRS
- Imprisonment
Correct answer: Censure, suspension, or disbarment from practice before the IRS
Under Circular 230, the available administrative sanctions are censure (a public reprimand), suspension, disbarment from practice before the IRS, and a monetary penalty. Only courts impose imprisonment, and only state boards revoke CPA licenses.
- Under Circular 230, how long must a suspended or disbarred practitioner generally wait before petitioning for reinstatement to practice before the IRS?
- There is no waiting period
- 5 years
- 6 months
- 1 year
Correct answer: 5 years
Circular 230 provides that a practitioner who has been disbarred or suspended, or whose enrollment has been revoked, may petition for reinstatement after five years following the disbarment, suspension, or revocation. Reinstatement is not automatic.
- What is the primary purpose of a power of attorney in the context of federal tax representation?
- To grant the IRS authority to levy a bank account
- To authorize the IRS to discuss the return with a third party for one issue
- To extend the statute of limitations on assessment
- To appoint a representative who may act on the taxpayer's behalf before the IRS
Correct answer: To appoint a representative who may act on the taxpayer's behalf before the IRS
A power of attorney authorizes an eligible representative to perform acts before the IRS on the taxpayer's behalf, such as receiving confidential information, signing agreements, and advocating for the taxpayer in examinations and appeals.
- A taxpayer wants a representative to receive copies of IRS notices and to advocate during an audit. Which authorization accomplishes both of these acts?
- A power of attorney
- An oral disclosure consent
- A tax information authorization only
- A third-party designee checkbox on the return
Correct answer: A power of attorney
A power of attorney is required when a taxpayer wants someone to represent and advocate before the IRS, not merely receive information. A tax information authorization permits disclosure only and does not allow the appointee to advocate or sign anything.
- Which of the following acts may a representative generally perform under a power of attorney before the IRS?
- Substitute another representative without any authorization
- Receive the taxpayer's refund as payment
- Sign a closing agreement or consent to extend the assessment period
- Endorse or cash the taxpayer's refund check
Correct answer: Sign a closing agreement or consent to extend the assessment period
A power of attorney can authorize a representative to sign agreements such as consents to extend the statute and closing agreements. A representative may never endorse or negotiate the taxpayer's refund check, and the right to substitute or receive a refund must be specifically granted.
- Under the rules governing powers of attorney, what generally happens to a prior power of attorney when a taxpayer files a new one for the same tax matters and periods?
- The new power of attorney revokes the prior one for those matters and periods unless retention is indicated
- The new one is rejected as a duplicate
- Both powers of attorney remain fully in effect
- The IRS contacts both representatives to choose
Correct answer: The new power of attorney revokes the prior one for those matters and periods unless retention is indicated
Filing a new power of attorney generally revokes a prior one for the same matters and periods unless the taxpayer specifically indicates that the prior authorization is to be retained by checking the appropriate box and attaching a copy.
- How may a taxpayer revoke a previously filed power of attorney without naming a new representative?
- By sending a copy of the power of attorney to the IRS marked REVOKE with the taxpayer's signature and date
- Revocation is not possible once filed
- By filing a tax information authorization
- By calling the representative
Correct answer: By sending a copy of the power of attorney to the IRS marked REVOKE with the taxpayer's signature and date
A taxpayer can revoke a power of attorney by writing REVOKE across the top of the first page with a current signature and date, and sending the copy to the IRS. A representative withdraws similarly by writing WITHDRAW.
- Which IRS form is titled Power of Attorney and Declaration of Representative?
- Form 56
- Form 4506
- Form 8821
- Form 2848
Correct answer: Form 2848
Form 2848, Power of Attorney and Declaration of Representative, is used to authorize an individual to represent a taxpayer before the IRS. The representative must be eligible to practice and must complete the Declaration of Representative portion.
- On Form 2848, what must the representative complete to attest to their eligibility to practice before the IRS?
- A separate Form 8821
- The third-party designee box
- The Declaration of Representative (Part II)
- The taxpayer information section
Correct answer: The Declaration of Representative (Part II)
Part II of Form 2848, the Declaration of Representative, requires the representative to state their professional designation (for example, enrolled agent, attorney, or CPA), sign, and declare they are authorized to represent the taxpayer.
- On Form 2848, an enrolled agent identifies their authority to practice using which designation letter in the Declaration of Representative?
- Designation c (enrolled agent)
- Designation a (attorney)
- Designation d (officer)
- Designation b (certified public accountant)
Correct answer: Designation c (enrolled agent)
On Form 2848, an enrolled agent enters designation c and provides their enrollment number in the Declaration of Representative. Each category of representative has a specific letter designation.
- When completing Form 2848, how should the tax matters and periods be described?
- Leaving them blank for the IRS to complete
- Listing the specific type of tax, the form number, and the specific year or period
- Only the current year
- Using the phrase all years and all taxes
Correct answer: Listing the specific type of tax, the form number, and the specific year or period
A valid Form 2848 must specifically describe the matters: the type of tax, the tax form number, and the year(s) or period(s). General statements such as all years or all taxes are not acceptable and the IRS will reject the form.
- What is the primary function of Form 8821, Tax Information Authorization?
- To allow the IRS to disclose confidential tax information to a designated third party
- To authorize a representative to advocate before the IRS
- To grant power to sign a tax return
- To request an installment agreement
Correct answer: To allow the IRS to disclose confidential tax information to a designated third party
Form 8821 authorizes the IRS to disclose a taxpayer's confidential information to a designated appointee. It does not authorize the appointee to represent, advocate, or sign anything on the taxpayer's behalf.
- A lender needs to verify a borrower's filed tax data with the IRS but will not represent the borrower in any matter. Which form is appropriate?
- Form 911
- Form 8821
- Form 56
- Form 2848
Correct answer: Form 8821
Form 8821, Tax Information Authorization, is appropriate when a third party only needs to receive or inspect tax information, such as a lender verifying income, and will not represent the taxpayer. Form 2848 would be used only if representation were needed.
- Who is required to obtain a Preparer Tax Identification Number (PTIN)?
- Only volunteer preparers
- Anyone who prepares or assists in preparing federal tax returns for compensation
- Only enrolled agents
- Only attorneys and CPAs
Correct answer: Anyone who prepares or assists in preparing federal tax returns for compensation
Any individual who prepares or substantially assists in preparing all or substantially all of a federal tax return or claim for refund for compensation must obtain and use a PTIN. It must be renewed annually.
- How often must a paid tax return preparer renew their PTIN?
- Annually
- Only when changing employers
- Once, with no renewal required
- Once every three years
Correct answer: Annually
A PTIN must be renewed each year. The renewal period generally opens in the fall, and the PTIN must be current for the preparer to lawfully prepare returns for compensation in that year.
- What must a paid preparer enter in the paid preparer section of a return they prepare for compensation?
- Their PTIN
- Their Social Security number
- The client's bank account number
- Their state license number
Correct answer: Their PTIN
A paid preparer must sign the return and include their PTIN in the paid preparer area. Using a Social Security number in place of the PTIN is not permitted and can result in penalties.
- How many hours of continuing education must an enrolled agent generally complete during each three-year enrollment cycle?
- 72 hours
- 24 hours
- 100 hours
- 48 hours
Correct answer: 72 hours
An enrolled agent must complete 72 hours of continuing education during each three-year enrollment cycle, with a minimum of 16 hours each year, including 2 hours of ethics or professional conduct annually.
- What is the minimum number of continuing education hours, including ethics, that an enrolled agent must complete in each year of the enrollment cycle?
- 10 hours including 1 hour of ethics
- 16 hours including 2 hours of ethics
- No annual minimum applies
- 24 hours including 3 hours of ethics
Correct answer: 16 hours including 2 hours of ethics
Each year an enrolled agent must complete a minimum of 16 CE hours, of which at least 2 must be on ethics or professional conduct. The full cycle requires 72 hours over three years.
- An enrolled agent's renewal cycle is determined by which factor?
- The state of residence
- The last digit of the agent's Social Security number or tax identification number
- The month the agent was born
- The date of the first client engagement
Correct answer: The last digit of the agent's Social Security number or tax identification number
Enrolled agents renew on a staggered three-year cycle based on the last digit of their Social Security number (or tax ID). The renewal must be filed during the prescribed window to maintain active enrollment.
- A preparer claims the earned income tax credit, child tax credit, and American opportunity credit for clients. Which form documents the preparer's due diligence for these credits?
- Form 8821
- Form 8867
- Form 2848
- Form 9465
Correct answer: Form 8867
Form 8867, Paid Preparer's Due Diligence Checklist, must be completed and submitted for returns claiming the EITC, CTC/ACTC/ODC, American opportunity credit, or head of household filing status. It documents the required due diligence inquiries.
- Under the paid preparer due diligence rules for refundable credits, what must a preparer do when information from a client appears incorrect, inconsistent, or incomplete?
- Report the client to the IRS
- Refuse the engagement automatically
- Make reasonable inquiries and document the questions asked and answers received
- Accept the information at face value
Correct answer: Make reasonable inquiries and document the questions asked and answers received
Due diligence requires a preparer to make reasonable inquiries when information appears incorrect, inconsistent, or incomplete, and to contemporaneously document those inquiries and the client's responses. The preparer may not ignore implications of the information provided.
- What is the per-credit penalty under the preparer due diligence rules when a preparer fails to comply for a return claiming a covered credit?
- A flat $50 per return
- No monetary penalty applies
- A penalty that is indexed for inflation, exceeding $600 per failure
- A penalty equal to the credit amount
Correct answer: A penalty that is indexed for inflation, exceeding $600 per failure
The Section 6695(g) due diligence penalty is assessed per credit (or per filing status determination) per return and is indexed annually for inflation, exceeding $600 per failure. Failing diligence on multiple credits on one return multiplies the penalty.
- Under Circular 230, when may a practitioner represent two clients with a conflict of interest?
- Only if a court approves
- Whenever the clients are related
- Never under any circumstances
- When the practitioner reasonably believes representation will be competent and diligent, it is not prohibited by law, and each client gives informed written consent
Correct answer: When the practitioner reasonably believes representation will be competent and diligent, it is not prohibited by law, and each client gives informed written consent
Circular 230 permits representation despite a conflict of interest if the practitioner reasonably believes they can provide competent and diligent representation, the representation is not prohibited by law, and each affected client waives the conflict by giving informed written consent.
- Under Circular 230, how long must a practitioner retain the written consents obtained when representing clients despite a conflict of interest?
- At least 12 months
- No retention is required
- At least 36 months from the conclusion of the representation
- Until the engagement ends
Correct answer: At least 36 months from the conclusion of the representation
Circular 230 requires that the practitioner retain copies of the written informed consents for at least 36 months from the date the representation concludes and make them available to the IRS on request.
- A conflict of interest under Circular 230 exists when representation of one client will be directly adverse to another, or there is a significant risk that representation will be materially limited by which of the following?
- The practitioner's fee schedule
- The size of the tax liability
- The practitioner's responsibilities to another client, former client, third person, or personal interest
- The client's state of residence
Correct answer: The practitioner's responsibilities to another client, former client, third person, or personal interest
A conflict of interest arises when representing one client is directly adverse to another, or when there is a significant risk that the representation will be materially limited by the practitioner's responsibilities to another client, a former client, a third person, or by a personal interest of the practitioner.
- Section 6694(a) imposes a penalty on a tax return preparer for an understatement due to which of the following?
- Any position later changed by new law
- A mathematical error corrected by the IRS
- A position with substantial authority that is disclosed
- An unreasonable position for which the preparer knew or reasonably should have known
Correct answer: An unreasonable position for which the preparer knew or reasonably should have known
Section 6694(a) penalizes an understatement due to an unreasonable position the preparer knew or reasonably should have known about. A position with substantial authority, or a disclosed position with a reasonable basis, generally is not unreasonable.
- The Section 6694(b) preparer penalty for willful or reckless conduct is generally measured as which of the following?
- The greater of $5,000 or 75% of the income derived from preparing the return
- The full amount of the understatement
- 10% of the tax due
- A flat $50 per return
Correct answer: The greater of $5,000 or 75% of the income derived from preparing the return
The Section 6694(b) penalty for willful or reckless conduct is the greater of $5,000 or 75% of the income the preparer derived (or to be derived) from preparing the return or claim. It is far larger than the 6694(a) unreasonable-position penalty.
- Which Section 6695 penalty applies when a paid preparer fails to furnish a copy of the return to the taxpayer?
- A penalty for failure to furnish a copy to the taxpayer
- A penalty for negotiating a refund check
- A penalty for failure to sign the return
- A penalty for failure to be diligent on credits
Correct answer: A penalty for failure to furnish a copy to the taxpayer
Section 6695 imposes separate penalties for specific preparer failures, including failure to furnish a copy of the return to the taxpayer, failure to sign, failure to furnish an identifying number, failure to retain records, and negotiating a client's refund check.
- The Section 6662 accuracy-related penalty for a substantial understatement or negligence is generally what percentage of the underpayment?
Correct answer: 20%
The Section 6662 accuracy-related penalty is generally 20% of the portion of the underpayment attributable to negligence, substantial understatement of income tax, or substantial valuation misstatement. It rises to 40% for gross valuation misstatements and certain undisclosed transactions.
- For an individual, a substantial understatement of income tax triggering the Section 6662 penalty generally exists when the understatement exceeds which threshold?
- 50% of the tax due
- A flat $1,000
- The greater of 10% of the tax required to be shown or $5,000
- Any amount over $100
Correct answer: The greater of 10% of the tax required to be shown or $5,000
For an individual, a substantial understatement exists if the understatement exceeds the greater of 10% of the tax required to be shown on the return or $5,000. Meeting this threshold can trigger the 20% accuracy-related penalty absent a defense.
- What is the general monthly rate of the failure-to-file penalty under Section 6651?
- 10% of the unpaid tax per month
- A flat $435 per month
- 5% of the unpaid tax per month, up to 25%
- 0.5% of the unpaid tax per month
Correct answer: 5% of the unpaid tax per month, up to 25%
The failure-to-file penalty is generally 5% of the unpaid tax for each month or part of a month the return is late, capped at 25%. It is much steeper than the failure-to-pay penalty, encouraging timely filing even if payment cannot be made.
- When both the failure-to-file and failure-to-pay penalties apply in the same month, how are they combined under Section 6651?
- The failure-to-file penalty is reduced by the failure-to-pay penalty for that month
- Only the failure-to-pay penalty applies
- They are added together with no reduction
- Both apply at full rate
Correct answer: The failure-to-file penalty is reduced by the failure-to-pay penalty for that month
When both penalties apply for the same month, the 5% failure-to-file penalty is reduced by the 0.5% failure-to-pay penalty, resulting in a net 4.5% per month for failure to file during overlapping months.
- What is the general monthly rate of the failure-to-pay penalty under Section 6651?
- A flat $100 per month
- 2% of the unpaid tax per month
- 0.5% of the unpaid tax per month, up to 25%
- 5% of the unpaid tax per month
Correct answer: 0.5% of the unpaid tax per month, up to 25%
The failure-to-pay penalty is generally 0.5% of the unpaid tax for each month or part of a month the tax remains unpaid, capped at 25%. The rate can increase to 1% after the IRS issues a notice of intent to levy.
- A taxpayer files a valid extension and pays at least 90% of the actual tax by the original due date. What is the effect on the failure-to-pay penalty for the extension period?
- The penalty still applies in full
- The extension eliminates all interest
- The penalty doubles
- The penalty generally does not apply for the extension period if the balance is paid by the extended due date
Correct answer: The penalty generally does not apply for the extension period if the balance is paid by the extended due date
If a taxpayer obtains a valid extension and pays at least 90% of the actual tax liability by the original due date, the failure-to-pay penalty generally is not imposed during the extension period, provided the remaining balance is paid by the extended due date.
- What is the First-Time Abate (FTA) administrative waiver primarily based on?
- A signed installment agreement
- Proof of financial hardship
- The dollar amount of tax owed
- A clean compliance history for the prior three years
Correct answer: A clean compliance history for the prior three years
First-Time Abate is an administrative waiver available when the taxpayer has filed all required returns, has no prior penalties for the preceding three years (or only an estimated tax penalty), and has paid or arranged to pay any tax due. It does not require reasonable cause.
- Which penalties are commonly eligible for the First-Time Abate administrative waiver?
- Estimated tax penalties only
- Trust fund recovery penalties
- Failure-to-file, failure-to-pay, and failure-to-deposit penalties
- Accuracy-related and fraud penalties
Correct answer: Failure-to-file, failure-to-pay, and failure-to-deposit penalties
First-Time Abate generally applies to the failure-to-file, failure-to-pay, and failure-to-deposit penalties. It does not apply to the accuracy-related penalty or other event-based penalties that require a reasonable-cause analysis.
- Which of the following is most likely to establish reasonable cause for abatement of a failure-to-file penalty?
- The taxpayer was too busy with work
- The taxpayer forgot the deadline
- The taxpayer disagreed with the tax law
- Serious illness or death of the taxpayer or an immediate family member that prevented filing
Correct answer: Serious illness or death of the taxpayer or an immediate family member that prevented filing
Reasonable cause requires that the taxpayer exercised ordinary business care and prudence but was nonetheless unable to comply. Serious illness, death, or other circumstances beyond the taxpayer's control can establish reasonable cause; mere forgetfulness or being busy does not.
- Under the reasonable cause standard, reliance on a tax professional may excuse a penalty in which situation?
- Reliance on a preparer to timely file the return, since filing is a nondelegable duty
- Reliance only when the advice was free
- Reliance to avoid paying any tax at all
- Reliance on professional advice about a substantive, complex tax issue
Correct answer: Reliance on professional advice about a substantive, complex tax issue
Reliance on professional advice can constitute reasonable cause for a substantive tax position when the advice addresses a complex issue. However, the Supreme Court in Boyle held that relying on an agent merely to meet a filing deadline is not reasonable cause, because filing on time is a nondelegable duty.
- An offer in compromise based on doubt as to collectibility is appropriate when which of the following is true?
- The taxpayer's reasonable collection potential is less than the full liability
- The taxpayer disputes that they owe the tax
- The tax was assessed in error
- The taxpayer wants to delay collection
Correct answer: The taxpayer's reasonable collection potential is less than the full liability
Doubt as to collectibility applies when the taxpayer cannot pay the full liability and the offered amount reflects reasonable collection potential (net realizable equity in assets plus future income). Doubt as to liability, by contrast, disputes whether the tax is owed.
- How is reasonable collection potential (RCP) generally calculated for an offer in compromise?
- The net realizable equity in assets plus a multiple of future monthly disposable income
- The taxpayer's gross income for the year
- The taxpayer's annual rent
- The total tax liability minus penalties
Correct answer: The net realizable equity in assets plus a multiple of future monthly disposable income
Reasonable collection potential equals the net realizable equity in the taxpayer's assets plus the value of future income (monthly disposable income multiplied by a set number of months). The IRS generally will not accept an offer below RCP for a collectibility offer.
- Which form is used to submit an offer in compromise to the IRS?
- Form 656
- Form 433-A
- Form 843
- Form 9465
Correct answer: Form 656
Form 656, Offer in Compromise, is used to submit the offer. It is typically accompanied by a collection information statement (Form 433-A (OIC) or 433-B (OIC)) and the required application fee and initial payment, unless the taxpayer qualifies for a low-income waiver.
- What happens to the IRS collection statute of limitations while an offer in compromise is pending?
- It is eliminated
- It is suspended while the offer is pending and for 30 days after rejection
- It continues to run normally
- It is permanently extended by 10 years
Correct answer: It is suspended while the offer is pending and for 30 days after rejection
The collection statute expiration date is suspended while an offer in compromise is pending, during any appeal, and for 30 days after rejection. This tolling effectively extends the time the IRS has to collect.
- Which form does an individual taxpayer use to request a monthly installment agreement with the IRS?
- Form 9465
- Form 843
- Form 12153
- Form 656
Correct answer: Form 9465
Form 9465, Installment Agreement Request, is used to request a monthly payment plan when a taxpayer cannot pay the full balance at once. Many taxpayers can also set up agreements online without filing the form.
- A taxpayer owes $40,000 in combined individual income tax, penalties, and interest. Which type of installment agreement allows payment over time without submitting a full financial statement, provided the balance is paid within the available period?
- A streamlined installment agreement
- A partial payment installment agreement
- An offer in compromise
- Currently not collectible status
Correct answer: A streamlined installment agreement
A streamlined installment agreement is available for assessed balances at or below the applicable threshold (commonly $50,000 for individuals) and generally does not require a collection information statement, as long as the balance is paid within the allowed term.
- Under a partial payment installment agreement, what is true about the payments relative to the total liability?
- The payments will not fully pay the liability before the collection statute expires
- The IRS forgives all penalties immediately
- No financial disclosure is required
- The payments will fully satisfy the liability before the statute expires
Correct answer: The payments will not fully pay the liability before the collection statute expires
A partial payment installment agreement allows monthly payments that will not fully pay the liability before the collection statute expires. It requires a financial statement and is subject to periodic review, with any unpaid balance generally expiring at the CSED.
- When the IRS places an account in currently not collectible status, what is the immediate effect?
- Active collection (such as levies) is suspended while the hardship continues
- The tax liability is permanently forgiven
- Interest and penalties stop accruing
- The statute of limitations is extended
Correct answer: Active collection (such as levies) is suspended while the hardship continues
Currently not collectible (CNC) status temporarily halts active collection actions when a taxpayer cannot pay basic living expenses and the tax. The liability remains and interest and penalties continue to accrue; the IRS may review the account periodically.
- Which document does the IRS typically require to evaluate a request for currently not collectible status?
- Form 2848
- A Collection Information Statement (Form 433-F or 433-A)
- Form 656
- Form 8821
Correct answer: A Collection Information Statement (Form 433-F or 433-A)
To grant currently not collectible status, the IRS generally requires a Collection Information Statement (such as Form 433-F or 433-A) documenting the taxpayer's income, expenses, and assets to verify that collection would create economic hardship.
- A taxpayer receives a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. Within how many days must the taxpayer request a Collection Due Process hearing to preserve full appeal rights, including Tax Court review?
- 60 days
- 90 days
- 30 days
- 10 days
Correct answer: 30 days
A taxpayer has 30 days from the date of the Final Notice of Intent to Levy (or the Notice of Federal Tax Lien filing) to request a Collection Due Process hearing. A timely request preserves the right to judicial review in Tax Court.
- Which form is used to request a Collection Due Process or equivalent hearing?
- Form 12153
- Form 656
- Form 911
- Form 9465
Correct answer: Form 12153
Form 12153, Request for a Collection Due Process or Equivalent Hearing, is filed with the IRS Office of Appeals to challenge a lien filing or proposed levy and to propose collection alternatives.
- If a taxpayer misses the 30-day Collection Due Process deadline but requests a hearing within one year, what type of hearing may they receive?
- No hearing at all
- An equivalent hearing, which does not provide Tax Court review
- A full CDP hearing with Tax Court rights
- An automatic offer in compromise
Correct answer: An equivalent hearing, which does not provide Tax Court review
A taxpayer who misses the 30-day window may request an equivalent hearing within one year. An equivalent hearing addresses the same issues but does not preserve the right to judicial review in Tax Court.
- What is the effect of a federal tax lien under Section 6321?
- It is a legal claim against all of the taxpayer's property and rights to property
- It garnishes a bank account directly
- It immediately seizes the taxpayer's wages
- It transfers ownership of property to the IRS
Correct answer: It is a legal claim against all of the taxpayer's property and rights to property
A federal tax lien arises automatically and attaches to all of the taxpayer's property and rights to property as security for the tax debt. A levy, in contrast, is the actual administrative seizure of property to satisfy the debt.
- What is the difference between a federal tax lien and a levy?
- A lien is voluntary and a levy is automatic
- They are the same thing
- A lien is a claim securing the debt, while a levy is the actual seizure of property
- A levy applies only to real estate
Correct answer: A lien is a claim securing the debt, while a levy is the actual seizure of property
A lien is a legal claim against property to secure payment of the tax debt; a levy is the legal seizure of property (such as funds, wages, or assets) to satisfy that debt. A lien protects the government's interest, while a levy actually collects.
- Which document does the IRS file to make a federal tax lien public and establish priority against other creditors?
- Final Notice of Intent to Levy
- Notice of Deficiency
- Notice of Federal Tax Lien
- Notice of Determination
Correct answer: Notice of Federal Tax Lien
The IRS files a Notice of Federal Tax Lien in the public records to alert creditors that the government has a claim against the taxpayer's property. This filing establishes the priority of the lien against subsequent purchasers and creditors.
- How does a continuous wage levy under Section 6331 differ from a levy on a bank account?
- A bank levy is continuous
- A wage levy reaches only a single paycheck
- Neither requires prior notice
- A wage levy is continuous and attaches to future wages until released, while a bank levy reaches funds present on one date
Correct answer: A wage levy is continuous and attaches to future wages until released, while a bank levy reaches funds present on one date
A levy on wages is continuous and attaches to each future paycheck until the liability is satisfied or the levy is released. A bank levy is a one-time levy that reaches only the funds in the account on the day the bank receives it.
- When the IRS levies a taxpayer's wages, what amount is exempt from the levy?
- Exactly 25% of gross wages
- A portion based on the taxpayer's standard deduction and exemptions, as shown in IRS tables
- Nothing is exempt
- The first $1,000 of monthly wages
Correct answer: A portion based on the taxpayer's standard deduction and exemptions, as shown in IRS tables
Unlike most creditor garnishments, an IRS wage levy exempts an amount based on the taxpayer's filing status and number of dependents, computed from the standard deduction and personal exemption tables. The rest of the wages is paid to the IRS.
- After a bank receives a levy on a taxpayer's account, how long must it generally hold the funds before remitting them to the IRS?
- Immediately remit them
- 90 days
- 30 days
- 21 days
Correct answer: 21 days
A bank must hold the levied funds for 21 calendar days before sending them to the IRS. This holding period gives the taxpayer time to resolve the matter, such as proving the levy will cause hardship or that the funds are exempt.
- Innocent spouse relief under Section 6015 may relieve a spouse from joint liability for which of the following?
- The other spouse's separate-return liability
- Tax shown and paid on a joint return
- Estimated tax for the current year
- An understatement of tax attributable to the other spouse's erroneous items
Correct answer: An understatement of tax attributable to the other spouse's erroneous items
Section 6015 innocent spouse relief can relieve a requesting spouse of joint and several liability for an understatement attributable to erroneous items of the other spouse, where the requesting spouse did not know and had no reason to know of the understatement.
- Which form does a taxpayer file to request innocent spouse relief?
- Form 8379
- Form 2848
- Form 8857
- Form 911
Correct answer: Form 8857
Form 8857, Request for Innocent Spouse Relief, is used to seek relief from joint and several liability. It should not be confused with Form 8379, Injured Spouse Allocation, which protects one spouse's refund share from the other spouse's separate debts.
- What is the key difference between innocent spouse relief and injured spouse allocation?
- Innocent spouse relief applies only to business taxes
- Injured spouse relief eliminates all joint tax
- Innocent spouse relief addresses joint liability for an understatement, while injured spouse allocation protects a refund from the other spouse's separate debts
- They are identical remedies
Correct answer: Innocent spouse relief addresses joint liability for an understatement, while injured spouse allocation protects a refund from the other spouse's separate debts
Innocent spouse relief (Form 8857) relieves a spouse of joint liability for an understatement caused by the other spouse. Injured spouse allocation (Form 8379) protects a spouse's portion of a joint refund from being applied to the other spouse's past-due separate obligations like child support.
- What is the general statute of limitations period for the IRS to assess additional tax after a return is filed?
- 10 years
- 1 year
- 3 years
- 6 years
Correct answer: 3 years
The general assessment statute of limitations is three years from the date the return is filed (or its due date, if later). After this period, the IRS generally cannot assess additional tax, subject to exceptions.
- The IRS assessment statute of limitations extends to six years in which situation?
- A simple math error
- Any late-filed return
- A small understatement of deductions
- A substantial omission of more than 25% of gross income
Correct answer: A substantial omission of more than 25% of gross income
The assessment period extends from three to six years when a taxpayer omits more than 25% of the gross income reported on the return. This longer period gives the IRS more time when income is substantially understated.
- What is the statute of limitations on assessment when a taxpayer files a fraudulent return or fails to file a return at all?
- 3 years
- There is no limitation period
- 10 years
- 6 years
Correct answer: There is no limitation period
When a return is false or fraudulent with intent to evade tax, or when no return is filed, there is no statute of limitations on assessment. The IRS may assess at any time in those situations.
- Generally, how long does the IRS have to collect an assessed tax (the collection statute expiration date)?
- 6 years from assessment
- 10 years from the date of assessment
- 20 years from the date of assessment
- 3 years from assessment
Correct answer: 10 years from the date of assessment
The collection statute expiration date (CSED) is generally 10 years from the date the tax is assessed. Certain events, such as a pending offer in compromise, bankruptcy, or a CDP hearing, can suspend and extend this period.
- What is the general deadline for a taxpayer to file a claim for refund under Section 6511?
- 3 years from filing the return or 2 years from paying the tax, whichever is later
- No deadline applies
- 1 year from filing
- 6 years from paying
Correct answer: 3 years from filing the return or 2 years from paying the tax, whichever is later
A refund claim must generally be filed within 3 years from the date the return was filed or 2 years from the date the tax was paid, whichever is later. The amount refundable is limited by lookback rules tied to whichever period applies.
- Audit reconsideration is an appropriate process in which situation?
- The taxpayer wants to extend the statute
- The taxpayer wants to file an offer in compromise
- The taxpayer has new information not previously considered and did not appear for the original audit
- The taxpayer agreed to and paid the assessment in full
Correct answer: The taxpayer has new information not previously considered and did not appear for the original audit
Audit reconsideration lets the IRS reevaluate an assessment when the taxpayer disagrees and has additional information that was not considered, often because the taxpayer did not respond to or appear for the original examination. It generally is not available where the liability was already paid in full or agreed in a closing agreement.
- Which of the following is generally required for the IRS to grant an audit reconsideration?
- Payment of the disputed tax in full
- A Tax Court petition
- An installment agreement
- Submission of information that was not previously presented during the original examination
Correct answer: Submission of information that was not previously presented during the original examination
To pursue audit reconsideration, the taxpayer must provide information or documentation that was not considered in the original audit. Simply disagreeing with the prior result, without new substantiation, is not sufficient.
- A Notice of Deficiency is commonly known by what name because of the time it allows for a Tax Court response?
- 90-day letter
- Determination letter
- Final notice
- 30-day letter
Correct answer: 90-day letter
The Notice of Deficiency is called the 90-day letter because the taxpayer has 90 days (150 days if addressed outside the United States) from the date of the notice to file a petition with the United States Tax Court without first paying the tax.
- What right does a Notice of Deficiency give a taxpayer?
- To receive an automatic refund
- To avoid all penalties
- To petition the Tax Court before paying the disputed tax
- To request an installment agreement
Correct answer: To petition the Tax Court before paying the disputed tax
The Notice of Deficiency is the taxpayer's ticket to Tax Court. It allows the taxpayer to petition the Tax Court to dispute the proposed deficiency without first paying the tax, which is unique to that court.
- If a taxpayer does not petition the Tax Court within the period allowed by a Notice of Deficiency, what generally happens?
- The IRS may assess the deficiency and begin collection
- The deficiency is canceled
- The case goes to district court automatically
- The taxpayer automatically wins
Correct answer: The IRS may assess the deficiency and begin collection
If the taxpayer does not file a Tax Court petition within the 90-day period (150 days if abroad), the IRS may assess the deficiency and proceed to collection. The taxpayer would then have to pay and sue for refund to contest it in district court or the Court of Federal Claims.
- To dispute a deficiency in Tax Court without prepaying the tax, by when must a taxpayer file a petition?
- Within 90 days of the Notice of Deficiency (150 days if addressed abroad)
- Anytime before collection begins
- Within 1 year of assessment
- Within 30 days of the audit report
Correct answer: Within 90 days of the Notice of Deficiency (150 days if addressed abroad)
A Tax Court petition must be filed within 90 days of the date of the Notice of Deficiency, or 150 days if the notice is addressed to a person outside the United States. This deadline is jurisdictional and cannot be extended.
- Who is generally permitted to represent a taxpayer before the United States Tax Court?
- Any enrolled agent
- Any CPA
- Any PTIN holder
- Attorneys admitted to the Tax Court bar and nonattorneys who pass the Tax Court admission exam
Correct answer: Attorneys admitted to the Tax Court bar and nonattorneys who pass the Tax Court admission exam
Representation before the Tax Court is limited to attorneys admitted to its bar and to nonattorneys (such as enrolled agents) who have passed the Tax Court nonattorney admission examination. An enrolled agent's general authority to practice before the IRS does not by itself allow Tax Court representation.
- The Tax Court's small tax case (S case) procedure is generally available when the amount in dispute does not exceed which threshold per year or period?
- $25,000
- $50,000
- $10,000
- $100,000
Correct answer: $50,000
The small tax case procedure is available when the amount in dispute is $50,000 or less for any one year or period. S cases use simplified procedures, but their decisions are final and cannot be appealed.
- What is the primary mission of the IRS Independent Office of Appeals?
- To resolve tax disputes without litigation in a fair and impartial manner
- To audit returns
- To collect unpaid taxes
- To prosecute tax crimes
Correct answer: To resolve tax disputes without litigation in a fair and impartial manner
The IRS Independent Office of Appeals seeks to resolve tax controversies on a fair and impartial basis without litigation, considering the hazards of litigation. It is independent of the examination and collection functions.
- A taxpayer receives a 30-day letter proposing examination changes. What is the purpose of this letter?
- It is a Notice of Deficiency
- It is the final notice before levy
- It offers the taxpayer the opportunity to request an Appeals conference
- It demands immediate payment
Correct answer: It offers the taxpayer the opportunity to request an Appeals conference
The 30-day letter accompanies the examination report and gives the taxpayer 30 days to request a conference with the Independent Office of Appeals. If the taxpayer does not respond, the IRS typically issues a Notice of Deficiency (90-day letter).
- In considering a settlement, the IRS Independent Office of Appeals is permitted to weigh which factor that an examiner generally may not?
- The number of dependents
- The hazards of litigation
- The taxpayer's race or religion
- The taxpayer's political affiliation
Correct answer: The hazards of litigation
Unlike examination, Appeals may settle a case based on the hazards of litigation, meaning the probability that the government would lose or only partially prevail in court. This authority allows Appeals to reach compromises that an examiner cannot.
- Under Circular 230, an enrolled agent advertising their services is prohibited from doing which of the following?
- Stating they are an enrolled agent
- Listing areas of specialization
- Using false, fraudulent, or coercive statements or claims
- Listing their fees for specific services
Correct answer: Using false, fraudulent, or coercive statements or claims
Circular 230 prohibits a practitioner from using any form of public communication or solicitation containing a false, fraudulent, coercive, or deceptive statement. Truthful advertising of services, fees, and the enrolled agent designation is permitted.
- Under Circular 230, which of the following best describes a practitioner's duty of competence?
- The practitioner must guarantee a favorable outcome
- The practitioner must accept all engagements offered
- The practitioner must be a CPA
- The practitioner must possess the knowledge, skill, thoroughness, and preparation necessary for the matter
Correct answer: The practitioner must possess the knowledge, skill, thoroughness, and preparation necessary for the matter
Circular 230 requires that a practitioner be competent to handle a matter, meaning they must have the appropriate level of knowledge, skill, thoroughness, and preparation. Competence can be acquired through study or association with a competent practitioner.
- Under Circular 230, a practitioner who learns of a client error on a return that is currently being examined must do which of the following?
- Conceal the error from the IRS examiner
- Advise the client of the error and its consequences
- Correct the error without client knowledge
- Withdraw immediately without explanation
Correct answer: Advise the client of the error and its consequences
Even during an examination, the practitioner's duty under Circular 230 is to advise the client of the error or omission and the consequences. The practitioner cannot disclose the error to the IRS without the client's permission, but also must not assist in concealing it.
- Under Circular 230, may an enrolled agent who is also a notary public notarize a document they will use in a representation matter before the IRS?
- No, a practitioner may not notarize a document if they have an interest in the matter or represent a party
- Yes, if the client consents
- Yes, in all cases
- Only on weekends
Correct answer: No, a practitioner may not notarize a document if they have an interest in the matter or represent a party
Circular 230 prohibits a practitioner who is a notary public and is employed as counsel, attorney, or agent in a matter, or has an interest in it, from notarizing documents connected with that matter. This avoids self-interested attestation.
- Under Circular 230, what is required of a practitioner who has supervisory authority over a firm's tax practice with respect to procedures?
- Personally prepare every return
- Sign every document filed
- Avoid delegating any work
- Take reasonable steps to ensure the firm has adequate procedures for compliance with Circular 230
Correct answer: Take reasonable steps to ensure the firm has adequate procedures for compliance with Circular 230
Circular 230 requires an individual with principal authority for a firm's federal tax practice to take reasonable steps to ensure the firm has adequate procedures for all members to comply with Circular 230, and to correct noncompliance.
- Which of the following individuals has unlimited rights to represent any taxpayer before any IRS office?
- A family member
- An unenrolled preparer with a PTIN
- An Annual Filing Season Program participant
- An enrolled agent
Correct answer: An enrolled agent
Enrolled agents, attorneys, and CPAs have unlimited representation rights and may represent any taxpayer on any tax matter before any IRS office. Unenrolled preparers have only limited rights, and AFSP participants have limited rights for returns they prepared.
- An unenrolled tax return preparer who participates in the Annual Filing Season Program has what level of representation rights?
- Unlimited representation rights
- No representation rights
- Limited representation rights for returns they prepared and signed, before examination personnel
- Rights to represent before Appeals and Collection
Correct answer: Limited representation rights for returns they prepared and signed, before examination personnel
An AFSP participant has limited representation rights: they may represent clients whose returns they prepared and signed, but only before revenue agents, customer service representatives, and similar examination employees, not before Appeals, Collection, or Counsel.
- To become an enrolled agent through examination, a candidate must pass all three parts of the Special Enrollment Examination and then do which of the following?
- Pass a separate state exam
- Apply for enrollment using Form 23 and pass a suitability check including a tax compliance review
- Obtain a CPA license
- Complete a one-year apprenticeship
Correct answer: Apply for enrollment using Form 23 and pass a suitability check including a tax compliance review
After passing all three SEE parts, a candidate applies for enrollment on Form 23. The IRS conducts a suitability check, including a review of the applicant's own tax compliance and a background check, before granting enrollment.
- How long must a paid preparer generally retain a completed copy of each return, or a list of returns prepared, under Section 6107?
- 3 years
- Indefinitely
- 7 years
- 1 year
Correct answer: 3 years
Section 6107 requires a paid preparer to retain a completed copy of each return or claim, or a list with the taxpayer name and identification number, for three years after the close of the return period. Failure to comply triggers a Section 6695 penalty.
- Which type of IRS examination is conducted entirely by mail and typically addresses one or a few specific items on a return?
- Criminal investigation
- Field examination
- Office examination
- Correspondence examination
Correct answer: Correspondence examination
A correspondence examination is conducted by mail and usually addresses a limited number of issues, such as a missing form or a questioned deduction. Field exams occur at the taxpayer's location, and office exams occur at an IRS office.
- During an examination, what is the significance of the taxpayer bearing the burden of proof for most deductions?
- The examiner must accept oral statements
- The taxpayer must substantiate that claimed deductions were paid and qualify
- Deductions are presumed valid without records
- The IRS must disprove every deduction
Correct answer: The taxpayer must substantiate that claimed deductions were paid and qualify
Deductions are a matter of legislative grace, and the taxpayer generally bears the burden of substantiating that an expense was actually paid or incurred and qualifies. Adequate records are essential to sustain deductions in an examination.
- What is an IRS administrative summons used for?
- To grant an installment agreement
- To file a tax lien
- To compel the production of records or testimony relevant to a tax matter
- To assess a penalty
Correct answer: To compel the production of records or testimony relevant to a tax matter
An IRS summons under Section 7602 compels a person to appear, produce books and records, or give testimony relevant to determining or collecting a tax liability. If a summoned party refuses, the IRS can seek judicial enforcement.
- If a taxpayer refuses to comply with a valid IRS summons, what action may the IRS take?
- Revoke the taxpayer's passport
- Automatically assess the tax in full
- Immediately seize property without process
- Seek enforcement of the summons in federal district court
Correct answer: Seek enforcement of the summons in federal district court
When a person fails to comply with an administrative summons, the IRS may petition a federal district court to enforce it. The court can order compliance and hold a noncomplying party in contempt.
- The Section 6654 estimated tax penalty applies when an individual fails to do which of the following?
- File the return on time
- Pay the balance due by the extended due date
- Sign the return
- Pay enough tax through withholding and estimated payments during the year
Correct answer: Pay enough tax through withholding and estimated payments during the year
The Section 6654 penalty applies when an individual underpays estimated tax during the year. Taxpayers generally avoid it by paying the lesser of 90% of the current-year tax or 100% (110% for higher-income taxpayers) of the prior-year tax.
- The civil fraud penalty under Section 6663 is generally what percentage of the underpayment attributable to fraud?
Correct answer: 75%
The Section 6663 civil fraud penalty is 75% of the portion of the underpayment attributable to fraud. The IRS bears the burden of proving fraud by clear and convincing evidence, and the accuracy-related penalty does not stack on the same amount.
- Who bears the burden of proof for the civil fraud penalty, and to what standard?
- The taxpayer, beyond a reasonable doubt
- The IRS, by clear and convincing evidence
- No party; it is automatic
- The taxpayer, by a preponderance
Correct answer: The IRS, by clear and convincing evidence
Unlike most tax matters where the taxpayer bears the burden, the IRS must prove civil fraud by clear and convincing evidence. This higher standard reflects the seriousness of the 75% fraud penalty.
- What is the purpose of an Identity Protection PIN (IP PIN) issued by the IRS?
- To prevent someone else from filing a return using the taxpayer's identity
- To waive penalties
- To speed up refunds
- To authorize a representative
Correct answer: To prevent someone else from filing a return using the taxpayer's identity
An IP PIN is a six-digit number that helps prevent identity thieves from filing fraudulent returns with a taxpayer's Social Security number. A return missing the correct IP PIN, when one is assigned, will be rejected or delayed.
- When is the Taxpayer Advocate Service (TAS) most appropriately involved in a case?
- To prosecute fraud
- For routine return preparation
- To audit a return
- When a taxpayer faces significant hardship or normal IRS channels have not resolved a problem
Correct answer: When a taxpayer faces significant hardship or normal IRS channels have not resolved a problem
TAS is an independent organization within the IRS that helps taxpayers experiencing economic harm, facing systemic delays, or whose problems are not resolved through normal channels. A Taxpayer Assistance Order (Form 911) may be requested.
- Which form is used to request assistance from the Taxpayer Advocate Service?
- Form 8857
- Form 656
- Form 911
- Form 12153
Correct answer: Form 911
Form 911, Request for Taxpayer Advocate Service Assistance, is filed when a taxpayer is experiencing economic harm or has an unresolved IRS problem. TAS can advocate on the taxpayer's behalf within the IRS.
- Which form is generally used to claim a refund or request abatement of certain penalties not reported on another form?
- Form 843
- Form 2848
- Form 656
- Form 9465
Correct answer: Form 843
Form 843, Claim for Refund and Request for Abatement, is used to request abatement of certain penalties, interest, and to claim refunds of certain taxes that cannot be claimed on an amended return. It is commonly used for penalty abatement requests.
- To request an Appeals conference for a proposed deficiency exceeding the small-case threshold, a taxpayer generally must submit which of the following?
- A formal written protest
- Form 656
- A Tax Court petition
- An oral request only
Correct answer: A formal written protest
When the total proposed change exceeds the small-case request threshold (generally more than $25,000 for the period), the taxpayer must submit a formal written protest to request an Appeals conference, stating the items in dispute and the basis for disagreement.
- A taxpayer may request an Appeals conference using a small case request, rather than a formal written protest, when the total amount in dispute for any period does not exceed which amount?
- $50,000
- $2,500
- $25,000
- $10,000
Correct answer: $25,000
A small case request (a brief written statement of disputed items) may be used when the total amount of proposed additional tax, penalties, and interest for any tax period is $25,000 or less. Larger disputes require a formal written protest.
- Which form does a taxpayer sign to consent to extend the statute of limitations on assessment for a fixed date?
- Form 911
- Form 656
- Form 9465
- Form 872
Correct answer: Form 872
Form 872, Consent to Extend the Time to Assess Tax, extends the assessment statute to a specific date. Form 872-A is an open-ended consent that remains in effect until terminated. A representative needs specific authority on the power of attorney to sign these.
- A taxpayer is asked by an examiner to sign a consent extending the assessment statute. What is generally true about this request?
- The IRS cannot ask for it
- The taxpayer must sign it
- It permanently waives all taxpayer rights
- Signing is voluntary, though refusal may lead the IRS to issue a Notice of Deficiency to protect the assessment period
Correct answer: Signing is voluntary, though refusal may lead the IRS to issue a Notice of Deficiency to protect the assessment period
Consenting to extend the assessment period is voluntary. If a taxpayer declines, the IRS may issue a Notice of Deficiency to preserve its ability to assess before the statute expires, which then starts the Tax Court petition clock.
- Which type of offer in compromise is appropriate when there is a genuine dispute about whether the assessed tax is correct?
- Effective tax administration
- Doubt as to collectibility
- Doubt as to liability
- Partial payment
Correct answer: Doubt as to liability
A doubt-as-to-liability offer in compromise is used when there is a legitimate dispute about whether the taxpayer actually owes the assessed tax. It differs from a collectibility offer, which concedes the debt but argues the taxpayer cannot pay it in full.
- An effective tax administration offer in compromise may be accepted when the taxpayer owes the tax and could pay it, but doing so would result in which of the following?
- A small inconvenience
- Higher future taxes
- A lower credit score
- Economic hardship or would be unfair and inequitable due to exceptional circumstances
Correct answer: Economic hardship or would be unfair and inequitable due to exceptional circumstances
An effective tax administration (ETA) offer applies when the liability is correct and could be collected, but collection would create economic hardship or, given exceptional circumstances, would be unfair and inequitable. It is the narrowest of the three OIC bases.
- Which of the following will generally cause an existing IRS installment agreement to default?
- Failing to file or pay a subsequent year's tax liability on time
- Paying more than the required amount
- Making each payment early
- Updating a mailing address
Correct answer: Failing to file or pay a subsequent year's tax liability on time
An installment agreement requires the taxpayer to stay in compliance, including timely filing and paying all current taxes. Failing to do so, missing a payment, or providing inaccurate financial information can cause the agreement to default.
- What is the effect of a federal tax lien withdrawal compared to a lien release?
- A withdrawal cancels the underlying tax
- A release reinstates the lien
- A withdrawal removes the public Notice of Federal Tax Lien as if it were not filed, while a release ends the lien after the debt is satisfied
- They are identical
Correct answer: A withdrawal removes the public Notice of Federal Tax Lien as if it were not filed, while a release ends the lien after the debt is satisfied
A lien withdrawal removes the public Notice of Federal Tax Lien, treating it as though it had not been filed, which can help the taxpayer's credit, even if some balance remains under qualifying conditions. A release occurs once the liability is satisfied or becomes unenforceable.
- A taxpayer needs to sell a home but a federal tax lien is attached. Which remedy allows the specific property to be sold free of the lien?
- Currently not collectible status
- Lien withdrawal
- Lien subordination
- Certificate of discharge of property from the lien
Correct answer: Certificate of discharge of property from the lien
A certificate of discharge removes the federal tax lien from a specific piece of property, allowing it to be sold or refinanced free of that lien. Subordination, by contrast, lets another creditor move ahead of the IRS without removing the lien.
- Which of the following is generally exempt from an IRS levy?
- Unemployment benefits
- Bank account balances
- Certain amounts of fuel, provisions, furniture, and personal effects up to a statutory limit
- Wages above the exempt amount
Correct answer: Certain amounts of fuel, provisions, furniture, and personal effects up to a statutory limit
Section 6334 exempts certain property from levy, including a limited amount of fuel, provisions, furniture, personal effects, tools of a trade, certain benefits, and the exempt portion of wages. Most other property and income can be levied.
- During a Collection Due Process hearing, which of the following may a taxpayer generally raise?
- Collection alternatives such as an installment agreement or offer in compromise, and certain procedural challenges
- Only the amount of the underlying tax
- Nothing; the levy is final
- Only criminal defenses
Correct answer: Collection alternatives such as an installment agreement or offer in compromise, and certain procedural challenges
At a CDP hearing, the taxpayer may propose collection alternatives (installment agreement, offer in compromise, currently not collectible), raise spousal defenses, and challenge the appropriateness of the collection action. The underlying liability may be raised only if the taxpayer did not have a prior opportunity to dispute it.
- After a Form 2848 is processed, the authorization is recorded in which IRS system?
- The Centralized Authorization File (CAF)
- The Automated Collection System
- The Master File only
- The Individual Taxpayer Identification system
Correct answer: The Centralized Authorization File (CAF)
Processed powers of attorney and tax information authorizations are recorded in the Centralized Authorization File (CAF). The representative is assigned a CAF number, which identifies them on future filings and lets IRS personnel verify the authorization.
- A representative wants the IRS to send copies of notices and communications to them. On Form 2848, what determines whether the representative receives copies of notices?
- Nothing; copies are always sent
- Whether the representative indicates they wish to receive copies, subject to the form's limits
- The CAF number alone
- The type of tax only
Correct answer: Whether the representative indicates they wish to receive copies, subject to the form's limits
On Form 2848, the representative can elect to receive copies of notices and communications. The IRS generally sends originals to the taxpayer and copies to the designated representative who requested them, within the limits the form allows.
- If a taxpayer is due a federal refund but owes past-due child support, what may happen to the refund under the Treasury Offset Program?
- The refund is held indefinitely
- The refund may be offset to pay the past-due child support
- The refund is increased
- Child support cannot affect a federal refund
Correct answer: The refund may be offset to pay the past-due child support
Under the Treasury Offset Program, a federal tax refund may be applied (offset) to certain past-due obligations, including child support, federal nontax debts, and state income tax debts. A spouse may file an injured spouse allocation to recover their share.
- The Section 7525 federally authorized tax practitioner privilege generally protects which communications?
- Any oral statement to the IRS
- Confidential communications relating to tax advice between a taxpayer and a federally authorized tax practitioner, to the same extent as attorney-client privilege in noncriminal matters
- All communications, including those promoting tax shelters
- Communications about return preparation
Correct answer: Confidential communications relating to tax advice between a taxpayer and a federally authorized tax practitioner, to the same extent as attorney-client privilege in noncriminal matters
Section 7525 extends a limited confidentiality privilege to tax advice communications between a taxpayer and a federally authorized practitioner (such as an enrolled agent), but only in noncriminal tax matters before the IRS or in federal court. It does not cover return preparation or tax shelter promotion.
- Which form does an individual use to amend a previously filed Form 1040?
- Form 9465
- Form 1040-X
- Form 843
- Form 1045
Correct answer: Form 1040-X
Form 1040-X, Amended U.S. Individual Income Tax Return, is used to correct a previously filed Form 1040. It is also used to claim certain refunds and must generally be filed within the refund statute of limitations.
- Under Circular 230, when must a practitioner withdraw from representation?
- Never
- When the fee is paid
- When continued representation would violate Circular 230 or other law
- Whenever the client disagrees with advice
Correct answer: When continued representation would violate Circular 230 or other law
While Circular 230 does not list every situation, a practitioner must not continue representation when doing so would result in a violation of Circular 230 or the law. The practitioner should withdraw if continuing would require unethical or unlawful conduct.
- Under Circular 230, before signing a return, a practitioner may generally rely on information furnished by the client in good faith, but must do which of the following?
- Independently verify every item
- Not ignore the implications of information already known and make reasonable inquiries if information appears incorrect or incomplete
- Demand original receipts for all items
- Audit the client's books
Correct answer: Not ignore the implications of information already known and make reasonable inquiries if information appears incorrect or incomplete
A practitioner may generally rely in good faith on client-provided information without verifying it, but may not ignore the implications of information furnished or actually known, and must make reasonable inquiries when information appears incorrect, inconsistent, or incomplete.
- For statute of limitations purposes, when is a return filed before its due date treated as filed?
- On the date the IRS processes it
- One year after the due date
- On the date it was actually mailed
- On the original due date of the return
Correct answer: On the original due date of the return
A return filed before its due date is treated as filed on the due date for purposes of the assessment statute of limitations. So an early-filed return does not start the three-year clock any sooner than the original due date.
- A taxpayer relied on substantial authority for a return position that the IRS later disallowed, resulting in an understatement. What is the likely effect on the Section 6662 substantial understatement penalty?
- The penalty doubles
- The understatement is reduced by the item with substantial authority, potentially avoiding the penalty
- The penalty becomes a fraud penalty
- The penalty applies regardless
Correct answer: The understatement is reduced by the item with substantial authority, potentially avoiding the penalty
For the substantial understatement penalty, the understatement is reduced by items for which there was substantial authority, or items adequately disclosed with a reasonable basis. Reducing the understatement below the threshold can avoid the penalty.
- A client cannot pay a $9,000 balance now but can pay it within two years through monthly payments while staying current. Which option is most appropriate?
- Offer in compromise
- Innocent spouse relief
- Streamlined installment agreement
- Currently not collectible status
Correct answer: Streamlined installment agreement
A taxpayer who can fully pay a modest balance over time through monthly payments is best served by a streamlined installment agreement, which is simple to set up and does not require detailed financial disclosure. An OIC requires that full payment not be feasible.
- A client genuinely cannot pay basic living expenses and has no equity in assets. Active levies are causing hardship. Which status temporarily stops collection?
- Innocent spouse relief
- Currently not collectible
- Installment agreement
- Offer in compromise acceptance
Correct answer: Currently not collectible
When a taxpayer cannot meet basic living expenses if forced to pay, currently not collectible status temporarily suspends active collection. It does not eliminate the debt, and interest continues to accrue, but it provides immediate relief from levies.
- A taxpayer was assessed tax on income their now-divorced spouse failed to report on a joint return, and the taxpayer did not know about it. Which relief should be considered?
- Innocent spouse relief
- Offer in compromise
- Audit reconsideration
- First-time abate
Correct answer: Innocent spouse relief
When a joint return understatement is attributable to one spouse's unreported income and the other spouse did not know and had no reason to know, innocent spouse relief under Section 6015 should be considered to relieve the requesting spouse of that joint liability.
- A taxpayer never received the original audit notice because they had moved, an assessment was made, and they now have records proving the deductions. Which process fits best?
- Tax Court petition
- Audit reconsideration
- Offer in compromise
- Collection due process
Correct answer: Audit reconsideration
When a taxpayer did not participate in the original examination and now has substantiating documentation not previously considered, audit reconsideration is the appropriate process to ask the IRS to reevaluate the assessment.
- A taxpayer received a Notice of Deficiency and wants to contest it without paying first. What is the proper action?
- Request an installment agreement
- Submit an offer in compromise
- File a petition with the United States Tax Court within the deadline
- Request currently not collectible status
Correct answer: File a petition with the United States Tax Court within the deadline
The Notice of Deficiency provides the right to petition the Tax Court without prepaying the tax. To contest the deficiency without first paying, the taxpayer must file the petition within 90 days (150 days if abroad).
- A first-year taxpayer with no prior penalties filed late and incurred a failure-to-file penalty. They have now filed and paid. Which relief is easiest to obtain?
- Offer in compromise
- First-time abate administrative waiver
- Innocent spouse relief
- Reasonable cause abatement
Correct answer: First-time abate administrative waiver
A taxpayer with a clean three-year compliance history who is now in filing and payment compliance generally qualifies for the first-time abate administrative waiver, which does not require demonstrating reasonable cause.
- Form 433-A is best described as which of the following?
- A request for an Appeals conference
- A Collection Information Statement for wage earners and self-employed individuals
- An offer in compromise
- A power of attorney
Correct answer: A Collection Information Statement for wage earners and self-employed individuals
Form 433-A is the Collection Information Statement for wage earners and self-employed individuals. The IRS uses it to evaluate a taxpayer's ability to pay when considering installment agreements, currently not collectible status, and offers in compromise.
- Which IRS notice begins the collection process by demanding payment after a tax is assessed?
- Notice and Demand for Payment
- Notice of Deficiency
- Notice of Determination
- 30-day letter
Correct answer: Notice and Demand for Payment
After assessment, the IRS issues a Notice and Demand for Payment. If the taxpayer does not pay, the federal tax lien arises automatically, and the IRS may proceed with collection actions such as filing a Notice of Federal Tax Lien and issuing levies.
- Under the current Circular 230 standards for written tax advice, a practitioner must do which of the following?
- Base advice on reasonable factual and legal assumptions and not rely on unreasonable representations
- Guarantee the IRS will accept the position
- Avoid all written advice
- Issue a covered opinion meeting detailed format rules for all advice
Correct answer: Base advice on reasonable factual and legal assumptions and not rely on unreasonable representations
The current Circular 230 written advice standard requires the practitioner to base advice on reasonable factual and legal assumptions, consider all relevant facts the practitioner knows or reasonably should know, and not rely on unreasonable representations. The old covered opinion rules were eliminated.
- After the IRS Independent Office of Appeals issues an unfavorable decision in a deficiency case and a Notice of Deficiency is issued, where can the taxpayer litigate without first paying?
- U.S. district court
- U.S. Court of Federal Claims
- Bankruptcy court
- U.S. Tax Court
Correct answer: U.S. Tax Court
The Tax Court is the only forum where a taxpayer can litigate a deficiency without first paying the tax. District court and the Court of Federal Claims require the taxpayer to pay the tax and sue for a refund.
- On Form 2848, which of the following may be authorized as a representative with unlimited practice rights?
- A neighbor
- An enrolled agent in good standing
- A bookkeeper without a PTIN
- A relative who is not a practitioner
Correct answer: An enrolled agent in good standing
Form 2848 allows designation of representatives who are eligible to practice, such as enrolled agents, attorneys, and CPAs. Certain unenrolled individuals (like a family member) may represent in limited circumstances, but enrolled agents have full practice rights.
- A taxpayer files a refund claim exactly three years after filing the original return. Under the lookback rule, the refund is generally limited to tax paid within what period before the claim?
- 6 years
- 3 years plus any extension
- 1 year
- 2 years
Correct answer: 3 years plus any extension
When a refund claim is filed within the 3-year period, the refund is limited to amounts paid within the 3 years immediately preceding the claim, plus the period of any extension. Withholding and estimated tax are deemed paid on the return due date for this purpose.
- Under Circular 230, when must the informed written consent for a conflict of interest be obtained?
- Within a reasonable time after the practitioner becomes aware of the conflict, generally not exceeding 30 days
- It is never required in writing
- Only at the end of the engagement
- After the IRS requests it
Correct answer: Within a reasonable time after the practitioner becomes aware of the conflict, generally not exceeding 30 days
Circular 230 requires that the affected clients' confirmation of consent be in writing and obtained within a reasonable time after the informed consent, but in no event later than 30 days. The practitioner must retain these records for at least 36 months.
- A taxpayer wants their enrolled agent to be able to substitute or add another representative to an existing power of attorney. What must the Form 2848 reflect?
- A separate Form 8821
- Nothing extra; this is automatic
- The taxpayer must specifically authorize the power to substitute or add representatives
- Only the IRS can add representatives
Correct answer: The taxpayer must specifically authorize the power to substitute or add representatives
Certain acts, such as substituting or adding a representative, signing a return, or disclosing information to third parties, are not granted by default on Form 2848. The taxpayer must specifically check or note the authorization for those acts.
- Can a power of attorney authorize a representative to sign an income tax return on behalf of the taxpayer?
- Never
- Always, by default
- Only in limited circumstances such as disease or injury, continuous absence from the U.S., or with specific IRS permission, and only if specifically authorized
- Only for business returns
Correct answer: Only in limited circumstances such as disease or injury, continuous absence from the U.S., or with specific IRS permission, and only if specifically authorized
A representative may sign a return only in narrow situations permitted by regulation (disease or injury, continuous absence from the U.S. for at least 60 days before the due date, or specific IRS permission), and the Form 2848 must specifically grant that authority.
- Under Circular 230, which of the following constitutes disreputable conduct that can lead to sanctions?
- Disagreeing with the IRS
- Conviction of any criminal offense involving dishonesty or breach of trust
- Filing an extension
- Charging a flat fee
Correct answer: Conviction of any criminal offense involving dishonesty or breach of trust
Circular 230 lists incompetence and disreputable conduct subject to sanction, including conviction of a crime involving dishonesty or breach of trust, giving false or misleading information to the IRS, and willfully failing to file one's own returns.
- Under Circular 230, willfully failing to file one's own federal tax returns is treated as which of the following?
- A minor administrative matter
- Disreputable conduct that may result in discipline
- Outside the scope of Circular 230
- Permissible if an extension is later filed
Correct answer: Disreputable conduct that may result in discipline
A practitioner who willfully fails to file their own federal tax returns or evades their own taxes engages in disreputable conduct under Circular 230 and may be censured, suspended, or disbarred. Practitioners must keep their own tax affairs in order.
- The failure-to-deposit penalty under Section 6656 applies to which of the following?
- Failure to sign a return
- Failure to timely deposit employment or certain other taxes
- Underpayment of estimated tax
- Late filing of an individual return
Correct answer: Failure to timely deposit employment or certain other taxes
Section 6656 imposes a failure-to-deposit penalty when a taxpayer required to make federal tax deposits (such as employment taxes) does not deposit them timely, correctly, or in the proper manner. The rate increases with the length of the delay.
- A high-income individual (prior-year AGI over $150,000) generally must pay what percentage of the prior-year tax to use the prior-year safe harbor and avoid the estimated tax penalty?
Correct answer: 110%
For individuals whose prior-year adjusted gross income exceeded $150,000, the prior-year safe harbor requires paying 110% of the prior-year tax (rather than 100%) through withholding and estimated payments to avoid the Section 6654 underpayment penalty.
- How does a taxpayer's bankruptcy generally affect the IRS collection statute of limitations?
- It has no effect
- It permanently ends collection
- It shortens the collection period
- It suspends the collection period during the bankruptcy plus an additional period afterward
Correct answer: It suspends the collection period during the bankruptcy plus an additional period afterward
The collection statute is suspended while collection is barred by the automatic stay in bankruptcy, plus six months afterward. This tolling extends the time the IRS has to collect once the bankruptcy concludes.
- Fast Track Settlement is best described as which of the following?
- A way to extend the statute
- An expedited Appeals mediation process used while a case is still in examination
- An automatic penalty waiver
- A criminal referral
Correct answer: An expedited Appeals mediation process used while a case is still in examination
Fast Track Settlement is a program in which an Appeals officer mediates between the taxpayer and the examination function to resolve disputes quickly, often within a few months, while the case is still in examination jurisdiction.
- Under the Federal Payment Levy Program, what portion of certain federal payments such as Social Security benefits may the IRS levy?
- Up to 15% of certain Social Security benefits (a continuous levy)
- 100%
- Up to 50%
- None
Correct answer: Up to 15% of certain Social Security benefits (a continuous levy)
Through the Federal Payment Levy Program, the IRS can place a continuous levy of up to 15% on certain federal payments, including Social Security benefits, to satisfy unpaid taxes. Some benefits are excluded from this program.
- A taxpayer who qualifies as low income under IRS guidelines receives what benefit when submitting an offer in compromise?
- A waiver of the application fee and initial payment requirement
- A guaranteed acceptance
- Double the time to pay
- Automatic penalty abatement
Correct answer: A waiver of the application fee and initial payment requirement
Taxpayers who meet the low-income certification guidelines are not required to pay the application fee or the initial payment when submitting an offer in compromise. They also are not required to make monthly payments while the offer is under consideration.
- How long should a taxpayer generally keep records supporting items on a return, at a minimum?
- Until the refund is received
- One month after filing
- 30 days
- Generally until the period of limitations for that return expires, often three years
Correct answer: Generally until the period of limitations for that return expires, often three years
Taxpayers should keep records that support income, deductions, and credits at least until the assessment statute of limitations expires, generally three years. Longer retention is advised for items affecting basis or in situations with extended statutes.
- A decision in a Tax Court small tax case (S case) has what characteristic?
- It can be appealed to the circuit court
- It is final and cannot be appealed
- It must be reviewed by a district court
- It is only advisory
Correct answer: It is final and cannot be appealed
Small tax case (S case) decisions are final and cannot be appealed by either the taxpayer or the IRS. The trade-off for simplified procedures and informality is the loss of the right to appeal.
- Under IRS policy, a taxpayer may request relief from a repetitive examination when which of the following is true?
- The taxpayer owes a balance
- The same items were examined in either of the two preceding years with no change or only a small change
- The taxpayer simply dislikes audits
- The return was filed late
Correct answer: The same items were examined in either of the two preceding years with no change or only a small change
The IRS repetitive audit relief generally applies when the same issues were examined in either of the two prior years and resulted in no change or a small change. The taxpayer can request that the new examination of those same issues be discontinued.
- An equivalent hearing, available when a Collection Due Process request is late, must generally be requested within what period?
- There is no deadline
- 60 days
- 30 days
- One year of the CDP notice
Correct answer: One year of the CDP notice
A taxpayer who misses the 30-day CDP deadline may request an equivalent hearing within one year of the CDP notice. The equivalent hearing addresses the same issues but does not provide the right to Tax Court review of the determination.
- Which statement correctly distinguishes Form 2848 from Form 8821?
- Both allow representation
- Form 8821 authorizes signing returns
- They are interchangeable
- Form 2848 authorizes representation and advocacy, while Form 8821 only authorizes disclosure of information
Correct answer: Form 2848 authorizes representation and advocacy, while Form 8821 only authorizes disclosure of information
Form 2848 grants representation rights, allowing the appointee to advocate, receive information, and perform authorized acts. Form 8821 only allows the IRS to disclose tax information to the appointee and conveys no authority to represent.
- Which of the following may allow an individual to avoid the estimated tax underpayment penalty even if the safe harbors are not met?
- The tax balance due after withholding is less than $1,000
- Filing an extension
- Paying after the extended due date
- Owing a large balance
Correct answer: The tax balance due after withholding is less than $1,000
No estimated tax penalty applies if the balance due after subtracting withholding and refundable credits is less than $1,000, or if the taxpayer had no tax liability in the prior year (a full 12-month year as a U.S. citizen or resident).
- Under Circular 230, when a client requests their records, what must the practitioner do, even if a fee dispute exists?
- Withhold all records until paid
- Destroy the records
- Send the records only to the IRS
- Return any records of the client necessary for the client to comply with their tax obligations
Correct answer: Return any records of the client necessary for the client to comply with their tax obligations
Circular 230 requires a practitioner to promptly return client records necessary for the client to comply with federal tax obligations upon request, even if there is a fee dispute, subject to limited exceptions under applicable state law for the practitioner's own work product.
- The Collection Appeals Program (CAP) differs from a Collection Due Process hearing in which way?
- CAP is generally faster but its decision cannot be appealed to Tax Court
- CAP requires full payment first
- CAP provides Tax Court review
- CAP applies only to liens
Correct answer: CAP is generally faster but its decision cannot be appealed to Tax Court
The Collection Appeals Program offers a quicker review of certain collection actions (such as liens, levies, and rejected installment agreements), but unlike a CDP hearing, a CAP decision cannot be appealed to the Tax Court and the taxpayer cannot raise the underlying liability.
- The collection statute of limitations period generally begins to run on which date?
- The return due date
- The date the tax is assessed
- The date the first notice is sent
- The date the return is filed
Correct answer: The date the tax is assessed
The 10-year collection statute expiration date (CSED) begins on the date the tax is assessed, not when the return is filed. Various actions can suspend the running of this period.
- Which type of relief under Section 6015 allocates the understatement between spouses as if they had filed separate returns, available to those who are divorced, separated, or no longer living together?
- Injured spouse relief
- Equitable relief
- Traditional innocent spouse relief
- Separation of liability relief
Correct answer: Separation of liability relief
Separation of liability relief under Section 6015(c) allocates the deficiency between the spouses based on their separate items, and is available to taxpayers who are divorced, legally separated, widowed, or not members of the same household for the 12 months before the request.
- When traditional and separation-of-liability relief are unavailable, which type of innocent spouse relief may still apply if holding the taxpayer liable would be unfair under the circumstances?
- Injured spouse allocation
- First-time abate
- Currently not collectible
- Equitable relief
Correct answer: Equitable relief
Equitable relief under Section 6015(f) may apply when a taxpayer does not qualify for the other two types of relief but, considering all facts and circumstances, it would be inequitable to hold them liable. It can apply to both understatements and underpayments.
- Generally, how many days before levy must the IRS provide a Final Notice of Intent to Levy and notice of CDP rights?
- 10 days
- 90 days
- 30 days
- 60 days
Correct answer: 30 days
The IRS must generally send a Final Notice of Intent to Levy and Notice of Your Right to a Hearing at least 30 days before levying, except in limited situations such as jeopardy or a levy on a state tax refund. This 30-day period allows a CDP request.
- Under Section 6695, a paid preparer who fails to sign a return they prepared for compensation is subject to which consequence?
- Automatic disbarment
- No consequence
- A per-failure penalty for failure to sign
- Loss of citizenship
Correct answer: A per-failure penalty for failure to sign
Section 6695(b) imposes a penalty on a paid preparer who fails to sign a return or claim they prepared. The penalty is assessed per failure and is indexed for inflation, separate from the failure to furnish a PTIN.
- The Section 6702 frivolous tax submission penalty applies when a taxpayer does which of the following?
- Files an honest return with a math error
- Requests an extension
- Disagrees with an audit
- Files a return or submission based on a frivolous position or intended to delay or impede tax administration
Correct answer: Files a return or submission based on a frivolous position or intended to delay or impede tax administration
Section 6702 imposes a penalty (commonly $5,000) for filing a frivolous tax return or submission that lacks a basis in law or is intended to delay or impede the administration of tax laws. The IRS maintains a published list of positions deemed frivolous.
- For a lump-sum cash offer in compromise (paid in 5 or fewer installments), the future income component of reasonable collection potential is generally calculated using how many months of disposable income?
- 24 months
- 12 months
- 6 months
- 60 months
Correct answer: 12 months
For a lump-sum cash offer, future income in the reasonable collection potential calculation is generally figured using 12 months of disposable income. For a periodic payment offer, 24 months is used. This affects the minimum acceptable offer amount.
- During an examination, a request for technical advice from the IRS National Office is generally appropriate when which of the following occurs?
- The taxpayer owes a small balance
- The taxpayer wants to delay
- The taxpayer wants a payment plan
- There is a complex or novel legal question on which guidance would help resolve the issue
Correct answer: There is a complex or novel legal question on which guidance would help resolve the issue
A technical advice memorandum may be requested when an examination involves a complex, unusual, or novel question of law or interpretation. The National Office provides guidance that the examiner applies to the specific case.
- The Trust Fund Recovery Penalty under Section 6672 can be assessed against which person?
- Any employee of the business
- Only the IRS
- A responsible person who willfully failed to collect or pay over trust fund taxes
- Only the corporation itself
Correct answer: A responsible person who willfully failed to collect or pay over trust fund taxes
The Section 6672 Trust Fund Recovery Penalty can be assessed personally against any responsible person who had the duty to collect, account for, and pay over withheld trust fund taxes and willfully failed to do so. It equals the unpaid trust fund portion.
- A protective refund claim is filed for what purpose?
- To preserve a refund right when it depends on a future contingency before the statute expires
- To request an installment agreement
- To extend the assessment period
- To delay payment
Correct answer: To preserve a refund right when it depends on a future contingency before the statute expires
A protective claim for refund preserves the taxpayer's right to a refund that depends on a future event (such as pending litigation) by filing before the refund statute of limitations expires, even though the exact amount may not yet be determinable.
- Under Circular 230, a practitioner generally may not advise a client to take a position on a return unless the position meets what minimum standard?
- A 90% chance of success
- A reasonable basis and, if undisclosed, generally substantial authority (or otherwise it should be disclosed)
- Certainty of success
- No standard applies
Correct answer: A reasonable basis and, if undisclosed, generally substantial authority (or otherwise it should be disclosed)
Circular 230 ties the standards for return positions to the Code's preparer penalty standards: a position generally needs substantial authority if undisclosed, or a reasonable basis if adequately disclosed, to avoid the unreasonable-position penalty.
- Which of the following helps preserve the independence of the IRS Independent Office of Appeals?
- Appeals must accept the examiner's findings
- Appeals conducts the original audit
- Appeals reports to the examination function
- Restrictions on ex parte communications between Appeals and the originating function
Correct answer: Restrictions on ex parte communications between Appeals and the originating function
To maintain impartiality, there are restrictions on ex parte communications between Appeals officers and the examination or collection employees who worked the case, so the taxpayer has a fair opportunity to participate in the discussion.
- Before levying on a taxpayer's property held by a third party (such as a bank), the IRS generally must have done which of the following?
- Filed a Tax Court petition
- Obtained the taxpayer's consent
- Assessed the tax, sent a notice and demand, and provided the required final notice with CDP rights
- Obtained a court order in every case
Correct answer: Assessed the tax, sent a notice and demand, and provided the required final notice with CDP rights
Generally, before levying, the IRS must assess the tax, send a notice and demand for payment, have the taxpayer neglect or refuse to pay, and provide the Final Notice of Intent to Levy with CDP rights at least 30 days in advance.
- A client owes $60,000 and can fully pay it within 36 months but the balance exceeds the streamlined threshold. The IRS requests financial information. What type of agreement is the client likely entering?
- An offer in compromise
- Currently not collectible
- A non-streamlined (regular) installment agreement requiring a financial statement
- A guaranteed installment agreement
Correct answer: A non-streamlined (regular) installment agreement requiring a financial statement
When the balance exceeds the streamlined threshold, the taxpayer generally must provide a Collection Information Statement and enter a regular (non-streamlined) installment agreement, where the IRS evaluates ability to pay before approving the terms.
- A taxpayer disputes a $4,000 proposed deficiency after examination and wants an Appeals conference. Which approach is appropriate?
- A small case request (brief written statement) is acceptable
- Full payment is required first
- A formal written protest is required
- A Tax Court petition must be filed first
Correct answer: A small case request (brief written statement) is acceptable
Because the disputed amount for the period is $25,000 or less, the taxpayer may use a small case request, a brief written statement of the disputed items and reasons, rather than a formal written protest, to request an Appeals conference.
- A practitioner is asked to represent both a business and its sole owner in a matter where their interests may diverge. What must the practitioner do under Circular 230 before proceeding?
- Decline in all cases
- Get IRS approval
- Proceed without disclosure
- Obtain informed written consent from each affected client after reasonably concluding competent representation is possible
Correct answer: Obtain informed written consent from each affected client after reasonably concluding competent representation is possible
When a conflict of interest exists, the practitioner may proceed only if they reasonably believe they can provide competent and diligent representation to each client, it is not prohibited by law, and each affected client gives informed written consent.
- A taxpayer received a levy on wages causing severe hardship and cannot pay basic living expenses. Which immediate action can a representative pursue to stop the levy?
- Ignore the notice
- Request a levy release based on economic hardship and propose a collection alternative
- File a fraud claim
- File an amended return
Correct answer: Request a levy release based on economic hardship and propose a collection alternative
The IRS must release a levy that creates an economic hardship, meaning the taxpayer cannot meet basic, reasonable living expenses. A representative can request the release and propose an alternative such as currently not collectible status or an installment agreement.
- A taxpayer omitted 30% of gross income on a return three and a half years ago and now faces an IRS inquiry. Why might the IRS still be able to assess additional tax?
- The three-year statute always allows it
- There is no statute of limitations on income
- The six-year statute applies because more than 25% of gross income was omitted
- The taxpayer waived all rights
Correct answer: The six-year statute applies because more than 25% of gross income was omitted
Because the taxpayer omitted more than 25% of gross income, the assessment statute of limitations is extended from three to six years. At three and a half years, the IRS is still within the six-year window and can assess additional tax.
- A practitioner discovers that a long-standing client failed to report significant income on a prior-year return that is not currently under examination. What is the practitioner's obligation under Circular 230?
- File an amended return without telling the client
- Resign immediately and say nothing
- Advise the client of the omission and the consequences of not correcting it
- Notify the IRS directly
Correct answer: Advise the client of the omission and the consequences of not correcting it
Under Circular 230, upon discovering a client's omission, the practitioner must advise the client of the omission and the potential consequences. The decision to amend rests with the client, and the practitioner may not disclose to the IRS without consent.
- A client who has never had a penalty wants relief for a one-time late-payment penalty but does not have a strong reasonable-cause story. Which option should the representative explore first?
- Tax Court petition
- Innocent spouse relief
- Offer in compromise
- First-time abate administrative waiver
Correct answer: First-time abate administrative waiver
When a client has a clean compliance history but lacks a compelling reasonable-cause explanation, the representative should first explore the first-time abate administrative waiver, which grants relief based on prior compliance rather than reasonable cause.
- A taxpayer wants to challenge the IRS filing of a Notice of Federal Tax Lien and propose an installment agreement. Which avenue allows both, with potential Tax Court review if requested timely?
- An offer in compromise
- A Collection Due Process hearing
- Audit reconsideration
- An amended return
Correct answer: A Collection Due Process hearing
A Collection Due Process hearing, requested within 30 days of the lien-filing notice, lets the taxpayer challenge the lien and propose collection alternatives such as an installment agreement, and a timely request preserves the right to Tax Court review.
- An enrolled agent's enrollment cycle is ending and they have completed only 60 of the required continuing education hours. What is the likely consequence?
- No effect
- Immediate disbarment
- Their enrollment may be placed in inactive status until the CE requirement is satisfied
- Automatic renewal
Correct answer: Their enrollment may be placed in inactive status until the CE requirement is satisfied
An enrolled agent who fails to complete the required 72 hours of CE (with the annual minimums) may have their enrollment placed in inactive status. They generally cannot practice as an EA until they satisfy the CE requirement and renew.
- A client received a Notice of Deficiency 100 days ago and never filed a Tax Court petition. The tax is now assessed. To contest it in court, what must the client generally do?
- Nothing further is possible
- Pay the tax and file a refund claim, then sue in district court or the Court of Federal Claims if denied
- Request another Notice of Deficiency
- Petition the Tax Court late
Correct answer: Pay the tax and file a refund claim, then sue in district court or the Court of Federal Claims if denied
Because the 90-day window to petition the Tax Court has passed and the tax is assessed, the taxpayer's path to court is to pay the tax, file a refund claim, and if denied, sue for refund in U.S. district court or the Court of Federal Claims.
- A representative submits Form 2848 listing the tax matter as all federal taxes for all years. What is the likely outcome?
- The IRS accepts it as comprehensive
- It becomes a Form 8821
- It is treated as a small case request
- The IRS rejects it because the matters and periods are not specifically described
Correct answer: The IRS rejects it because the matters and periods are not specifically described
A valid Form 2848 must specifically describe the type of tax, form number, and the years or periods. Vague descriptions such as all taxes for all years will cause the IRS to reject the power of attorney.
- A taxpayer with a genuine, well-documented dispute that they ever owed an assessed tax wants to settle. Which offer in compromise basis fits?
- Effective tax administration
- First-time abate
- Doubt as to collectibility
- Doubt as to liability
Correct answer: Doubt as to liability
When the taxpayer genuinely disputes whether the assessed tax is correct and has support for that position, the appropriate offer in compromise basis is doubt as to liability, which questions the validity of the underlying debt rather than the ability to pay.
- A taxpayer cannot pay the full liability, has minimal asset equity, and limited future income. The offered amount approximates their reasonable collection potential. Which OIC basis applies?
- None; an installment agreement is required
- Effective tax administration
- Doubt as to liability
- Doubt as to collectibility
Correct answer: Doubt as to collectibility
When the taxpayer concedes the debt but cannot pay it in full and offers an amount approximating reasonable collection potential, the doubt-as-to-collectibility basis applies. The IRS evaluates net asset equity plus future income to judge the offer.
- The Centralized Authorization File (CAF) number assigned to a representative serves what function?
- It authorizes signing returns
- It is the enrollment number
- It replaces the PTIN on returns
- It identifies the representative on third-party authorizations so the IRS can verify their authority
Correct answer: It identifies the representative on third-party authorizations so the IRS can verify their authority
The CAF number is a unique identifier the IRS assigns to a representative the first time they file an authorization. It lets IRS personnel quickly look up and verify the representative's authorizations on file; it is not the same as a PTIN or enrollment number.
- Which statement about interest on unpaid federal tax is correct?
- Interest generally cannot be abated except in limited situations such as IRS error or delay
- Interest can be abated for reasonable cause like penalties
- Interest never accrues during an installment agreement
- Interest is the same as the failure-to-pay penalty
Correct answer: Interest generally cannot be abated except in limited situations such as IRS error or delay
Unlike penalties, interest on unpaid tax generally cannot be abated for reasonable cause. Interest abatement is limited to narrow circumstances, such as unreasonable IRS error or delay in performing a ministerial or managerial act.
- Under Circular 230, a practitioner who is suspended from practice before the IRS may still do which of the following?
- Prepare returns if they hold a valid PTIN and are not otherwise barred, but not represent taxpayers
- Represent clients before the IRS
- File powers of attorney
- Sign closing agreements
Correct answer: Prepare returns if they hold a valid PTIN and are not otherwise barred, but not represent taxpayers
A practitioner suspended or disbarred under Circular 230 may not practice before the IRS (representing taxpayers), but the suspension does not by itself bar return preparation, which is governed separately, provided the person is not otherwise prohibited and holds a valid PTIN.
- A representative wants the IRS to process a power of attorney quickly for an urgent matter. Which submission method allows authorized representatives to submit Form 2848 with an electronic signature?
- Only paper mail
- Only by fax to the taxpayer
- It cannot be submitted electronically
- The IRS online Submit Forms 2848 and 8821 tool or Tax Pro Account
Correct answer: The IRS online Submit Forms 2848 and 8821 tool or Tax Pro Account
The IRS offers electronic submission of authorizations through the online Submit Forms 2848 and 8821 tool and the Tax Pro Account, which can speed processing compared to mailing or faxing paper forms.
- A taxpayer who is the victim of an erroneous levy may seek which remedy?
- A new Notice of Deficiency
- Automatic disbarment of the agent
- Return of levied property or proceeds, and possibly damages for wrongful levy in limited circumstances
- Only a written apology
Correct answer: Return of levied property or proceeds, and possibly damages for wrongful levy in limited circumstances
When the IRS wrongfully levies property, the taxpayer or a third party may request return of the property or its proceeds, and in limited circumstances may pursue damages. There are specific procedures and time limits for raising a wrongful levy claim.
- An enrolled agent moves and changes their address. What must they do regarding their enrollment?
- Nothing
- Take the SEE again
- Reapply for enrollment
- Notify the IRS of the address change to keep enrollment records current
Correct answer: Notify the IRS of the address change to keep enrollment records current
Enrolled agents must keep their contact information current with the IRS, including notifying the appropriate office of an address change, so that renewal notices and communications reach them and their enrollment record stays accurate.
- Which scenario best illustrates a proper reasonable-cause argument for penalty abatement?
- The taxpayer forgot the due date
- A natural disaster destroyed the taxpayer's records and prevented timely filing despite ordinary care
- The taxpayer wanted to keep the money longer
- The taxpayer chose not to file because they disagreed with tax policy
Correct answer: A natural disaster destroyed the taxpayer's records and prevented timely filing despite ordinary care
Reasonable cause exists when, despite exercising ordinary business care and prudence, the taxpayer could not comply due to circumstances beyond their control, such as a natural disaster destroying records. Disagreement with policy or simple forgetfulness does not qualify.
- A representative is preparing to argue penalty abatement based on reliance on a tax professional. For this to support reasonable cause, the advice must generally relate to which type of issue?
- A clear filing deadline
- A simple arithmetic step
- A substantive, complex tax question where reliance was reasonable and in good faith
- A decision to delay payment
Correct answer: A substantive, complex tax question where reliance was reasonable and in good faith
Reliance on a professional supports reasonable cause when it concerns a substantive, complex tax question and the taxpayer reasonably and in good faith relied on competent advice. Reliance to meet a filing deadline does not qualify, because timely filing is a nondelegable duty.
- Under Circular 230, what is required before a practitioner may charge a fee that is contingent on the outcome for a refund claim?
- Only the client's oral consent
- Nothing; contingent fees are always allowed
- IRS pre-approval of the fee
- The claim must relate to an IRS examination or challenge, or an amended return or claim filed within 120 days of a written examination notice
Correct answer: The claim must relate to an IRS examination or challenge, or an amended return or claim filed within 120 days of a written examination notice
Circular 230 generally bars contingent fees but permits them for services connected to an IRS examination or challenge, and for a claim solely for a refund of interest or penalties, or an amended return or refund claim filed within 120 days of a written notice of examination.
- A taxpayer's enrolled agent passes away during an ongoing examination. What is the status of the power of attorney that named that agent?
- It transfers to the agent's firm automatically
- It becomes ineffective for that representative, and the taxpayer must appoint a new representative
- It converts to a Form 8821
- The IRS continues working with the deceased agent's office indefinitely
Correct answer: It becomes ineffective for that representative, and the taxpayer must appoint a new representative
A power of attorney is specific to the named representative. If that representative dies, the authorization is no longer effective as to them, and the taxpayer must file a new Form 2848 to authorize a different representative to continue the matter.
- The IRS issues a jeopardy levy without the usual 30-day notice. This is permitted when which of the following is true?
- The taxpayer is out of the country
- The balance is small
- Collection of the tax is determined to be in jeopardy
- The taxpayer requested it
Correct answer: Collection of the tax is determined to be in jeopardy
In a jeopardy situation, where the IRS determines that collection is at risk (for example, the taxpayer is concealing or dissipating assets), it may levy without the usual 30-day pre-levy notice. The taxpayer retains certain post-levy appeal rights.
- Which statement about the accuracy-related penalty and the civil fraud penalty is correct?
- Neither requires any IRS proof
- Fraud is 20% and accuracy is 75%
- The two penalties cannot both apply to the same portion of the underpayment
- Both can apply to the same portion of an underpayment
Correct answer: The two penalties cannot both apply to the same portion of the underpayment
The Section 6662 accuracy-related penalty and the Section 6663 civil fraud penalty cannot both be imposed on the same portion of an underpayment. The fraud penalty (75%) takes precedence for the fraudulent portion, while the accuracy penalty (20%) can apply to other portions.
- A representative wants to verify which authorizations are on file for a client. Which IRS resource lists the representative's recorded authorizations?
- The client's Master File transcript only
- The Centralized Authorization File, accessible to authorized practitioners through IRS tools
- The Treasury Offset Program
- The public lien records
Correct answer: The Centralized Authorization File, accessible to authorized practitioners through IRS tools
Authorizations are recorded in the Centralized Authorization File (CAF). Authorized practitioners can review their recorded authorizations through IRS systems such as the Tax Pro Account, helping confirm that a power of attorney is properly on file.
- Under the due diligence rules, retaining the documents used to determine eligibility for a covered credit must be kept for how long?
- 7 years
- 1 year
- 3 years from the latest of specified dates
- Indefinitely
Correct answer: 3 years from the latest of specified dates
Preparers must retain the due diligence records, including Form 8867, the worksheets, and the records used to determine eligibility and the amount of the covered credits, for three years from the latest of several specified dates tied to filing or presenting the return.
- A practitioner receives an IRS request for client records that the practitioner reasonably and in good faith believes are privileged. Under Circular 230, what may the practitioner do?
- Decline to provide the privileged records but must promptly notify the IRS of the basis and identify the records as appropriate
- Destroy the records
- Provide everything regardless
- Ignore the request entirely
Correct answer: Decline to provide the privileged records but must promptly notify the IRS of the basis and identify the records as appropriate
Circular 230 requires prompt compliance with proper IRS requests for records, but if the practitioner reasonably believes in good faith that records are privileged, they may decline to produce them and should notify the IRS of that basis rather than simply ignoring the request.
- A taxpayer wants to dispute the underlying liability at a Collection Due Process hearing. When is this generally permitted?
- Only after paying in full
- Never
- Always
- Only if the taxpayer did not receive a Notice of Deficiency or otherwise have a prior opportunity to dispute the liability
Correct answer: Only if the taxpayer did not receive a Notice of Deficiency or otherwise have a prior opportunity to dispute the liability
At a CDP hearing, the taxpayer may challenge the existence or amount of the underlying liability only if they did not receive a Notice of Deficiency or did not otherwise have an earlier opportunity to dispute it. Otherwise, the hearing focuses on collection alternatives and procedures.