Exam 13: Comparative Forms of Doing Business

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Match the following attributes with the different forms. A particular attribute may apply to more than one entity form. -Sole proprietorship

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Match the following attributes with the different forms. A particular attribute may apply to more than one entity form. -S corporation

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Of the corporate types of entities, all are subject to double taxation on current earnings.

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If a C corporation has earnings and profits at least equal to the amount of a distribution, the tax consequences to the shareholders are the same regardless of whether the distribution is classified as a dividend or as a stock redemption.

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If lease rental payments to a noncorporate shareholder-lessor are classified as unreasonable, the taxable income of a C corporation increases and the gross income of the shareholder increases.

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Match the following statements. -Sale of the individual assets of an unincorporated sole proprietorship by the owner.

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An S corporation is not subject to the AMT, but its shareholders are because the S corporation's AMT adjustments and preferences are passed through to them.

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Match the following statements. -Net capital gain

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Corey is going to purchase the assets of Kathlyn's sole proprietorship. The assets of Kathlyn's sole proprietorship have appreciated in value. From Corey's perspective, does it matter whether the purchase is structured as the purchase of 1) the individual assets or 2) the sole proprietorship?

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Match the following statements. -Regular tax rate

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Wally contributes land adjusted basis of $30,000; fair market value of $100,000) to an S corporation in a transaction that qualifies under § 351. The corporation subsequently sells the land for $120,000, recognizing a gain of $90,000 $120,000 - $30,000). If Wally owns 30% of the stock, $76,000 [$70,000 + 30%$20,000)] of the $90,000 recognized gain is allocated to Wally.

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All of the shareholders of an S corporation have limited liability with respect to their ownership interests in the corporation whereas only limited partners in a limited partnership have such limited liability.

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The passive activity loss rules apply to S corporations but not to C corporations.

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The at-risk provisions and the passive activity loss provisions decrease the tax attractiveness of investments in real estate for partnerships and for limited liability companies.

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Kirby, the sole shareholder of Falcon, Inc., leases a building to the corporation. The taxable income of the corporation for the tax year before deducting the lease payments is projected to be $500,000. a. What are the tax consequences to Kirby and to Falcon if Kirby leases a building to the corporation for $400,000? b. Is there a potential pitfall? How would it change the tax consequences to Kirby and to Falcon?

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Match the following statements. -C corporations

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Some fringe benefits always provide a double benefit-a deduction for the employer and an exclusion for the employee.

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Jiang contributes land with an adjusted basis of $85,000 and a fair market value of $100,000 to a business entity in which she is an 80% owner on the first day of the tax year. Discuss the tax consequences to Jiang if the business entity sells the land six months later for $120,000 if: a. The business entity is a partnership. b. The business entity is a C corporation. c. The business entity is an S corporation.

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Sam and Trang are going to establish a business. Sam will contribute cash of $100,000 for a 50% interest, and Trang will contribute land and a building worth $135,000 adjusted basis of $65,000) for a 50% interest. The land and building are encumbered by a $35,000 mortgage, which the entity assumes. Determine the tax consequences of the contribution to Sam, Trang, and the entity if the business is: a. An S corporation. b. A partnership. c. A C corporation.

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Aubrey has been operating his business as a C corporation for the past five years. The corporation pays him a reasonable salary. The profits of the corporation, after paying Federal income tax, are distributed to him each year as a dividend. He is considering electing S status for his corporation in order to avoid double taxation. What factors should he consider assuming after-tax earnings will continue to be distributed to him?

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