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Subject Topic: A few questions and updates (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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al602
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Posted: 12 Apr 2012 at 03:48 | IP Logged  

1. Is mortgage monthly installments paid for the spouse treated as alimony? I remember that becker treats it not as alimony but Wiley treats it as alimony. 

2. If the company lend tax free loan to employee, how will the loan be treated? Will the interest (reference rate) be treated as gift?

Also, there are a few updates from Becker i would like to confirm,

1. section 179 expense is now $500,000 and the max amount to deduct dollar for dollar when exceeds $2M?

2. organization expense is $5000 and the remainder can be amortized in 180 months.

3. The exemption formula for AMT individual, forgot the figures in calculation.

4. Is small business stock now 100% exclusion of gain?

Many thanks.

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musicamor04
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Posted: 12 Apr 2012 at 11:08 | IP Logged  

Here are my responses:

1. Is mortgage monthly installments paid for the spouse treated as alimony? I remember that becker treats it not as alimony but Wiley treats it as alimony. 

Yes, if pursuant to a divorce (separation) decree and paid in cash, these would be taxable to the recipient and deductible by the payor. Property settlements are not taxable by recipient nor deductible by payor.

2. If the company lend tax free loan to employee, how will the loan be treated? Will the interest (reference rate) be treated as gift?

Are you asking for tax impact to company or employee? Remember, recipients of gifts generally pay no tax on gifts received--thay are taxed to the donor.

Also, there are a few updates from Becker i would like to confirm,

1. section 179 expense is now $500,000 and the max amount to deduct dollar for dollar when exceeds $2M?

Yes, this is the limit; furthermore, the deduction is limited to taxable income in all cases.

2. organization expense is $5000 and the remainder can be amortized in 180 months.

You are correct

3. The exemption formula for AMT individual, forgot the figures in calculation.

Remeber the mneumonic: PANICTIMME...the definition is in Becker

4. Is small business stock now 100% exclusion of gain?

Need more detail, on this question. Are you referring to Sec. 1244 small business stock rules?



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jakemia
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Posted: 12 Apr 2012 at 13:15 | IP Logged  

More re: $5,000 org costs

"The first $5,000 of organizational costs can be immediately expensed, with any remaining amount of org costs amortized over a 180 month period. However, this $5,000 expensing amount is phased out on a dollar-for-dollar basis when these costs exceed $50,000. For example, a corp with $52,000 of org costs could expense $3,000 ($5,000-($52,000-$50,000) of this amount and amortize the $49,000 balance ($52,000-$3,000) over 180 months."

More re: small business stock

"The general rule is that shareholders receive cap gain or loss treatment upon the sale or exchange of stock. However, it is possible to receive an ordinary loss deduction if the loss is sustained on small business stock (sec 1244 stock). This loss could arise from a sale of the stock or from the stock becoming worthless. Only individuals who acquired the stock from the corp are eligible to receive ordinary loss treatment under Sec 1244. The ordinary loss treatment is limited to $50,000 ($100,000 for MFJ) per year. Losses on Sec 1244 stock in excess of the statutory limits receive cap loss treatment."

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musicamor04
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Posted: 12 Apr 2012 at 21:24 | IP Logged  

Good info, Jakemia!

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al602
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Posted: 13 Apr 2012 at 05:33 | IP Logged  

Let me clarify my questions

2. If the company lend tax free loan to employee, how will the loan be treated? Will the interest (reference rate) be treated as gift?

Are you asking for tax impact to company or employee? Remember, recipients of gifts generally pay no tax on gifts received--thay are taxed to the donor.

If it is the tax impact for the company?

3. The exemption formula for AMT individual, forgot the figures in calculation.

my updated version fo the exemption amount formula is :

singl and HoH: $48450- (25%(AMTI-112000)

MFJ: $74450 - (25%(AMTI - 150000)

MFS: 37335 - (25% (AMTI-75000)

Could anyone confirm if it is still correct?

4. Is small business stock now 100% exclusion of gain?

Need more detail, on this question. Are you referring to Sec. 1244 small business stock rules?

My question is whether a noncorporate shareholder who holds qualified small business stock for more than 5 years, may now exclude 100% of the gain on the sale or exchange of the stock. It was 50% in 2011 becker.

Btw, is the treatment of qualified dividends still same as 2011?

 

Many thanks.

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