Table of Contents

 

Chapter 1 - Getting Cash Out of Your Business - Section 1. 8

Financial & Tax Fundamentals. 8

Income. 8

Compensation Strategies. 8

Income Tax Rates. 9

Capital Gains & Dividends - §1(h) 9

Tax on Net Investment Income - §1411. 10

Deferral of Income. 11

Equivalent to an “Interest-free" Loan. 11

Tax Bracket Straddle. 11

Tax Savings v. Loss of Buying Power 11

Protecting Deferred Amounts. 11

Tax Deferral Is Not Elimination. 12

Bottom Line. 12

Acceleration of Deductions. 12

Time Value of Deductions. 12

Special Treatment of Fringe Benefits. 12

Avoiding Taxable Income. 12

Excluded Statutory Fringe Benefits. 12

Foreign Earned Income - §911. 12

Housing Exclusion - §119. 13

Ministers - §107. 13

Worker’s Compensation - §104(a)(1) 13

Personal Injury - §104(a)(2) 13

Unreasonable Compensation. 13

Scope of Examination. 14

Factors. 14

Employee’s Qualifications. 14

Size of the Business. 14

Employee’s Compensation History. 14

Services Performed by the Employee. 14

Miscellaneous Factors. 14

Nonqualified Deferred Compensation. 15

Contractual Arrangement 15

Tax Status. 15

Unfunded Bare Contractual Promise Plan - Type I. 15

Funded Company Account Plan - Type II. 16

Segregated Asset Plan - Type III. 16

Chapter 1 - Section 1 Review Questions. 17

Chapter 1 - Getting Cash Out of Your Business - Section 2. 19

Qualified Deferred Compensation - Retirement Plans. 19

Basic Types of Corporate Plans. 19

Defined Benefit 19

Defined Benefit Pension. 20

Defined Contribution. 20

Types of Defined Contribution Plans. 20

Profit Sharing. 20

Money Purchase Pension. 21

Cafeteria Compensation Plan. 21

Thrift Plan. 21

Section 401(k) Plans - CODAs. 21

Section 415(c) Limitations. 21

Self-Employed Plans - Keogh. 22

25% Versus 20%... 22

Individual Plans. 22

Individual Retirement Accounts. 22

Employer-Sponsored IRA.. 22

Roth IRA - §408A.. 22

Eligibility. 23

Contribution Limitation. 23

Roth IRAs Only. 23

Roth IRAs & Traditional IRAs. 23

Simplified Employee Pension Plans (SEPs) 24

Contribution Limits & Taxation. 25

SIMPLE Plans. 25

SIMPLE IRA Plan. 25

Employee Limit 25

SIMPLE §401(k) Plan. 26

Fringe Benefits. 26

General Valuation Rule. 26

Fair Market Value. 27

Special Valuation Rules. 27

Restrictions on Special Valuation Rules. 27

Withholding & Accounting. 28

General Accounting Rule. 28

Special 2-Month Pour-Over Accounting Rule. 28

Employee Achievement Awards - §74(c) & §274(j) 29

Definition of Employee Achievement Awards. 29

Qualified Plan Award. 29

Group Term Life Insurance - §79. 29

Group Requirements. 30

Family Member Cost 31

Self-Insured Medical Reimbursement Plans - §105. 31

Benefits. 31

Reporting. 32

Exposure. 32

Medical Insurance - §106. 32

Meals & Lodging - §119. 32

Convenience of Employer 33

Cafeteria Plans - §125. 33

Qualified Benefits. 33

Non-Qualified Benefits. 34

Employee Educational Assistance Programs - §127. 34

Requirements. 34

Educational Assistance. 35

Dependent Care Assistance - §129. 35

Requirements. 35

55% Test 36

No-Additional-Cost Services - §132(b) 36

Line of Business Requirement 36

Definition. 36

Qualified Employee Discounts - §132(c) 37

Amount of Discount 37

Working Condition Fringes - §132(d) 37

Additions to Exclusion. 37

De Minimis (Minimal) Fringes - §132(e) 37

Subsidized Eating Facilities. 38

Qualified Transportation - §132(f) 38

Employer-Provided Automobile - §132 & §61. 38

General Valuation Method. 38

Special Method #1 - Lease Value. 39

Annual Lease Value. 39

Prorated Annual Lease Value. 40

Daily Lease Value. 41

Special Method #2 - Cents per Mile. 41

Regular Use. 41

Mileage Rule. 41

Special Method #3 - Commuting Value. 42

Control Employee. 42

Moving Expense Reimbursement Suspended - §217. 43

On-premises Athletic Facility - §132(j)(4)(B) 43

Adoption Assistance Program - §137. 43

Employer-Provided Retirement Advice & Planning - §132. 44

Financial Planning - §212 & §67. 44

Popularity. 44

Taxation. 45

Tax Planning - §212 & §67. 45

Taxation. 45

Estate Planning - §212 & §67. 45

Business Entertainment 45

Percentage Reduction for Meals - §274(n)(1) 46

Application of Reduction Rule. 46

Employee Business Expenses Subject to 2% Floor Suspended. 46

Substantiation & Recordkeeping. 47

Documentation. 47

Chapter 1 - Section 2 Review Questions. 48

Chapter 1 - Getting Cash Out of Your Business - Section 3. 49

Employee Expense Reimbursement & Reporting. 49

Accountable Plans. 49

Business Travel & Transportation. 49

Domestic Business Travel 50

Foreign Business Travel 50

Personal Pleasure. 50

Primarily Business. 50

Full Deduction. 50

Insurance. 50

Retired Lives Reserve. 51

Split Dollar Life. 51

Business Travel Accident Insurance. 51

Medical & Dental Insurance. 51

Equity Participation. 51

Stock Sales or Unrestricted Stock Plan. 51

Stock Plans. 52

Stock Bonus. 52

ESOT.. 52

Phantom Stock. 52

Repurchase or Restricted Stock Agreement 52

Stock Options. 53

Stock Appreciation Rights Plans. 53

Qualified Incentive Stock Option. 53

Buy Sell Agreements. 54

Definition. 54

Chapter 1 - Section 3 Review Questions. 55

Answers & Explanations. 56

Glossary. 65

Index of Keywords & Phrases. a

CPE Exam Answer Sheet d

Final Examination. e