Ch.26 Overview of Other Taxes

Donee

recipient of gift does not include the amount of the gift in his/her gross income and thus is not subject to income tax

Donor

giver of gift may be subject to the gift tax regime

Gifts

excluded from income for federal income tax but may be subject to federal gift tax

Taxable Gift

the gift is in excess of the annual exclusion of $14,000

Gift tax rate

applies to the donor on a taxable gift as high as 40%

Gift Tax Exclusions

Annual Exclusion
Lifetime Exclusion

Annual Exclusion

-A donor is allowed a gift tax exclusion of up to $14,000 per donee per year (subject to inflation by $1,000 increments)
-Married individuals may elect to split gift (treating a gift from one individual as coming from both individuals) for an exclusion of

Unlimited Marital Deduction

gifts made to spouses are not subject to the gift tax

Lifetime Exclusion

taxpayer can elect to use all or any portion of $5,450,000 amount during his/her lifetime by making taxable gifts and then electing for those gifts not to be taxed

Estate

When an individual dies, that person's estate automatically steps into existence and owns the person's property

Estate Tax

levied on the value of property an individual owns at death

Estate Tax parties

Executor-manages the estate and is responsible to determine the value of all the assets the decedent owned
Decedent-person who died

Gross Estate

the value of the assets in the estate, reduced by allowable deductions such as funeral expenses, liabilities of the decedent, and gifts to charity

Generation Skipping Tax

prevents taxpayers from avoiding potential gift and estate taxes at each generation by making transfers to grandchildren as opposed to being passed first to the decedent's children, then to the grandchildren

Payroll Taxes

Employers must withhold:
-federal tax
-SS tax
-medicare tax
(Employer required to match the amount of SS and Medicare taxes withheld)

Amount Employer withholds

6.2% of the first $118,500 of an employee's wages and also 1.45% of the employee's wages.

Pass-through Entities

earnings flow through the entity and are taxed to the owners
-partnerships
-LLC
-S Corporations

Check-the-Box Rules

IRS allows partnerships and LLCs to elect to be treated as C corporations by checking a box on an IRS form
Corporations not allowed to check-the-box to be treated as a partnership or LLC, and do not have the option to make an "S" election to be treated as

Trusts

set up by individuals to hold and manage assets

3 parties to a Trust

1.) Grantor-person putting property into a trust
2.) Trustee-manages the trust
3.) Beneficiary-receive income from the trust and/or property

Income of the trust is taxed for income purposes

-If the trust retains the income, the trust pays the income tax
-If the beneficiaries of the trust receive the income currently, the beneficiaries pay the income tax
(same for estates)

U.S Tax Jurisdiction

asserts jurisdiction to tax the worldwide income of its citizens and residents, may create double taxation when individuals earn money abroad

Mitigate potential Double Taxation

1. Foreign Tax Credit
2. Foreign Earned Income Exclusion- shields up to certain amount from taxation in the US if person chooses to exclude the income rather than utilize the FTC
3. Tax Treaties with foreign countries

Foreign Person

any person not a US person is taxed only on their US sourced income rather than on their worldwide income

Excise Tax

tax on provision of certain services (tanning beds) or tax on a transaction involving a particular item (alcohol)

Multi-state Business

may be taxed twice on the same income so solved by apportioning business income among the states in which the business is subject to taxes

Nexus

taxpayer is subject to taxation in a state only when the taxpayer has sufficient (connections) with the state

General Rule

taxpayer has nexus with a state when the taxpayer has established a nontrivial physical presence in the state