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©2010 Pearson Education, Inc. Publishing as Prentice Hall

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1 ©2010 Pearson Education, Inc. Publishing as Prentice Hall

2 THE CORPORATE INCOME TAX (1 of 2)
Corporate elections Computing corporation’s taxable income Computing a corporation’s income tax liability ©2010 Pearson Education, Inc. Publishing as Prentice Hall

3 THE CORPORATE INCOME TAX (2 of 2)
Controlled groups of corporations Tax planning considerations Compliance and procedural considerations Financial statement implications ©2010 Pearson Education, Inc. Publishing as Prentice Hall

4 Corporate Elections Tax Year (1 of 2)
New corp elects tax year by filing return First return may be for short-period Some corporations restricted S-corporation uses calendar year Affiliated group member must be same as parent PSCs usually calendar year ©2010 Pearson Education, Inc. Publishing as Prentice Hall

5 Corporate Elections Tax Year (2 of 2)
Changing the tax year Usually requires IRS approval Automatic approval if Annualizes short-period income Keeps books based on new year Short period does not have a NOL No change in accounting period for 48 mo No interest in flow-through entities Not a specialized corporation ©2010 Pearson Education, Inc. Publishing as Prentice Hall

6 Corporate Elections Accounting Methods
Accrual GAAP: generally required for C corps Cash Qualified PSC, or C corp w/ gross receipts < $5M Inventories cannot be significant If inventories significant, must use accrual method for sales, COGS, inventories, accts. rec., & accts. pay. (the hybrid method) Family farm w/ gross receipts < $25M ©2010 Pearson Education, Inc. Publishing as Prentice Hall

7 Computing a Corporation’s Taxable Income
Sales and exchanges of property Business expenses Special deductions Exceptions for closely held corporations ©2010 Pearson Education, Inc. Publishing as Prentice Hall

8 Sales and Exchanges of Property Capital Gains and Losses
Net capital gain taxed at ordinary income rates Net capital losses cannot offset ordinary income Net capital losses Carryback 3 years and forward 5 years Carryovers classified as short-term Expired losses are lost forever ©2010 Pearson Education, Inc. Publishing as Prentice Hall

9 Sales and Exchanges of Property §291 Tax Benefit Recapture Rule
§1250 property sold at a gain Amount of depreciation in excess of straight line is characterized as ordinary income plus An additional 20% of all depreciation characterized as ordinary income under §291 No §1250 recapture under MACRS ©2010 Pearson Education, Inc. Publishing as Prentice Hall

10 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
Business Expenses General rule Organizational expenditures Start-up expenditures Limitations on deductions for accrued compensation Charitable contributions ©2010 Pearson Education, Inc. Publishing as Prentice Hall

11 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
General Rule All ordinary and necessary expenses reasonable in amount No deductions for Interest on loans to buy tax exempts Illegal bribes or kickbacks Fines or penalties Insurance premiums if corp is beneficiary ©2010 Pearson Education, Inc. Publishing as Prentice Hall

12 Organizational Expenditures (1 of 2)
Expenses incident to creating corp E.g., legal, accounting, temporary director fees, state incorporation fees §248 election deemed to be made No need to filed election w/ 1st return May expense first $5K of org costs $5K reduced $ for $ when org costs > $50K ©2010 Pearson Education, Inc. Publishing as Prentice Hall

13 Organizational Expenditures (2 of 2)
Amortize remainder over 180 months Expenditures must be incurred before end of first year of business May elect to capitalize and not w/o amortization Election irrevocable ©2010 Pearson Education, Inc. Publishing as Prentice Hall

14 Start-up Expenditures (1 of 3)
Non-organizational Ordinary and necessary expenses Paid or incurred BEFORE the actual start of business operations ©2010 Pearson Education, Inc. Publishing as Prentice Hall

15 Start-up Expenditures (2 of 3)
Examples of include expenses to: Investigate creation or acquisition of an active trade or business Create an active trade or business Conduct an activity engaged in for profit or production of income before business operations begin ©2010 Pearson Education, Inc. Publishing as Prentice Hall

16 Start-up Expenditures (3 of 3)
Election to expense first $5K of org costs $5K reduced $ for $ when org costs > $50K Remainder amortized over 180 months Election must be made by due date for filing tax return for first year of operation or ownership Election deemed to be made w/ 1st return May elect to capitalize with no amortization ©2010 Pearson Education, Inc. Publishing as Prentice Hall

17 Limitation on Deductions for Accrued Compensation
Accrued bonuses/compensation must be paid within 2-1/2 months after close of tax year If paid after 2-1/2 months, payment deemed deferred compensation and is deductible in year paid ©2010 Pearson Education, Inc. Publishing as Prentice Hall

18 Charitable Contributions (1 of 4)
Timing of deduction Deducted in the year paid Accrual basis corps may elect to include payment made w/in 2-1/2 months following the end of tax year Board of directors must have authorized contribution during year it was accrued Must meet substantiation requirements to deduct contribution ©2010 Pearson Education, Inc. Publishing as Prentice Hall

19 Charitable Contributions (2 of 4)
Donated money Deduction equals amount donated Non-cash property Amount USUALLY equal to FMV of property donated Ordinary income property Deduction limited to FMV less Ord Inc or STCG that would have been recognized if property were sold (includes recapture) ©2010 Pearson Education, Inc. Publishing as Prentice Hall

20 Charitable Contributions (3 of 4)
Non-cash property (continued) Certain inventory related to exempt function Deduction = adjusted basis + 1/2 gain Similar rule for computer technology donated for educational purposes Special rules pertaining to contributions of computer equipment, book inventory, and wholesale food inventory ©2010 Pearson Education, Inc. Publishing as Prentice Hall

21 Charitable Contributions (4 of 4)
Max deduction is 10% of “adjusted taxable income” (ATI) ATI is taxable income before NOL carryback, capital loss carryback, dividend received deduction or charitable contribution deduction Excess carried forward for 5 yrs Creates a deferred tax asset ©2010 Pearson Education, Inc. Publishing as Prentice Hall

22 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
Special Deductions U.S. Production activities deduction Dividends-received deduction Net operating losses Sequencing of the deduction calculations ©2010 Pearson Education, Inc. Publishing as Prentice Hall

23 U.S. Production Activities Deduction (1 of 3)
Deduction is lesser of a % times Qualified production activities income OR Taxable income before the U.S. production activities deduction Phased-in percentages 6% for 9% for 2010 and thereafter ©2010 Pearson Education, Inc. Publishing as Prentice Hall

24 U.S. Production Activities Deduction (2 of 3)
Qualified production activities income Domestic production gross receipts from lease, rental, sale, or exchange, of tangible property manufactured in the U.S. LESS Expenses related to qualified income including CoGS, & indirect allocable expenses ©2010 Pearson Education, Inc. Publishing as Prentice Hall

25 U.S. Production Activities Deduction (3 of 3)
Deduction limited to 50% of W-2 wages Not an expense for financial accounting Creates a permanent difference ©2010 Pearson Education, Inc. Publishing as Prentice Hall

26 Dividends Received Deduction (1 of 3)
Corps owning < 20% of a domestic corporation deduct lesser of 70% of Dividends Received or 70% of taxable income before NOL, capital loss carryback or DRD Exception to taxable income limitation If 70% of dividend received creates an NOL, then the full DRD is deductible ©2010 Pearson Education, Inc. Publishing as Prentice Hall

27 Dividends Received Deduction (2 of 3)
Corps owning  20% and < 80% of a domestic corp 80% deduction instead of 70% Corps owning  80% of domestic corp Member of affiliated group 100% deduction ©2010 Pearson Education, Inc. Publishing as Prentice Hall

28 Dividends Received Deduction (3 of 3)
No deduction is allowed if : Paying corp is a foreign corp Stock purchased w/borrowed money Stock of paying corp held for < 46 days Results in a permanent difference Affects effective tax rate, but not deferred taxes ©2010 Pearson Education, Inc. Publishing as Prentice Hall

29 Net Operating Losses (NOL)
Deductions exceed gross income for the year before NOL carrybacks NOL may be carried back 2 yrs & then forward 20 yrs Corp may elect to forgo carryback & only carry NOL forward 20 yrs Creates a deferred tax asset ©2010 Pearson Education, Inc. Publishing as Prentice Hall

30 Sequencing of the Deduction Calculations
Charitable contributions, DRD, NOL, and all other deductions must be taken in the following order 1. All other deductions 2. Charitable contributions 3. DRD 4. NOL 5. U.S. production activities deduction ©2010 Pearson Education, Inc. Publishing as Prentice Hall

31 Exceptions for Closely-Held Corporations
Special rules apply to shareholders who own >50% of corp §1239 sale of depreciable property to corp causes gain to be ordinary income to the controlling shareholder §267 disallows loss on sale of property by corp to controlling shareholder Loss may be recovered by shareholder if later sells prop at a gain ©2010 Pearson Education, Inc. Publishing as Prentice Hall

32 Computing a Corporation’s Income Tax Liability
General rules Regular income tax formula Personal service companies ©2010 Pearson Education, Inc. Publishing as Prentice Hall

33 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
General Rules The tax rates are graduated Rate surcharges eliminate benefit of lower graduated tax rates from lower income brackets Corps with income >$18.33M pay a flat 35% on all income ©2010 Pearson Education, Inc. Publishing as Prentice Hall

34 Regular Tax Formula (1 of 3)
Gross Income - Deductions and Losses - Special Deductions =Taxable Income x Appropriate Rate (or rates) =Regular Tax Liability before credits ©2010 Pearson Education, Inc. Publishing as Prentice Hall

35 Regular Tax Formula (2 of 3)
Regular Tax Liability before credits - Foreign tax credit - Other Credits + Credit recapture =Regular tax liability ©2010 Pearson Education, Inc. Publishing as Prentice Hall

36 Regular Tax Formula (3 of 3)
Regular Tax Liability + AMT Liability + Special Taxes (if any) - Estimated Payments =Refund or tax due ©2010 Pearson Education, Inc. Publishing as Prentice Hall

37 Personal Service Corporations (1 of 2)
PSCs taxed at a flat 35% PSC is defined as a corp that: Substantially all of the activities involve services in the following fields: Health, law, engineering, architecture, accounting, actuarial science, performing arts, and consulting ©2010 Pearson Education, Inc. Publishing as Prentice Hall

38 Personal Service Corporations (2 of 2)
Substantially all stock must be owned by employees, former employees or survivors of employees ©2010 Pearson Education, Inc. Publishing as Prentice Hall

39 Exceptions for Closely-Held Corporations (1 of 3)
Special rules apply to shareholders who own >50% of corp §1239 sale of depreciable property to corp causes gain to be ordinary income to the controlling shareholder §267 disallows loss on sale of property by corp to controlling shareholder Loss may be recovered by shareholder if later sells prop at a gain ©2010 Pearson Education, Inc. Publishing as Prentice Hall

40 Exceptions for Closely-Held Corporations (2 of 3)
Special rules apply to shareholder who own >50% of corp (continued) Corporation and shareholder using different accounting methods Defers deduction for accrued expenses owed by accrual-method corp to cash-method controlling shareholder until income recognized by cash-method shareholder ©2010 Pearson Education, Inc. Publishing as Prentice Hall

41 Exceptions for Closely-Held Corporations (3 of 3)
Loss limitation rules If 5 or fewer s/hs own > 50% of the stock, the corp’s losses are limited to amount corp has “at risk” Losses not currently deductible are carried over to be used in a later year May also be subject to passive activity rules PSCs and closely held corps subject to passive activity limitation rules ©2010 Pearson Education, Inc. Publishing as Prentice Hall

42 ©2010 Pearson Education, Inc. Publishing as Prentice Hall
Controlled Groups Why special rules are needed What is a controlled group? Special rules applying to controlled groups Consolidated tax returns ©2010 Pearson Education, Inc. Publishing as Prentice Hall

43 Why Special Rules are Needed
Prevent shareholders from using multiple corporations to avoid having income taxed at 35% Each corporation would be able to take advantage of lower graduated rates Lower graduated rates must be spread among all corporations in a controlled group ©2010 Pearson Education, Inc. Publishing as Prentice Hall

44 What Is a Controlled Group?
Two or more corps owned directly or indirectly by same shareholder or group of shareholders Types of controlled groups Parent-subsidiary Brother-sister Combined ©2010 Pearson Education, Inc. Publishing as Prentice Hall

45 Parent-Subsidiary Controlled Group
One corp directly owns at least: 80% of voting power of all classes of voting stock OR 80% of total value of all classes of stock of subsidiary corporation ©2010 Pearson Education, Inc. Publishing as Prentice Hall

46 Brother-Sister Controlled Group
50%-80% definition Five or fewer individuals, trusts or estates own: At least 80% of voting power or at least 80% of value of stock of two or more corporations AND > 50% of the voting power or value is held by identical owners (common ownership) 50%-only definition is 2nd test above ©2010 Pearson Education, Inc. Publishing as Prentice Hall

47 Combined Controlled Groups
Three or more corps which meet the following criteria: Each corporation is a member of a parent-subsidiary or brother-sister group At least one is both a parent and a member of a brother-sister group ©2010 Pearson Education, Inc. Publishing as Prentice Hall

48 Special Rules Applying to Controlled Groups (1 of 2)
Benefits allocated among members 5% and 3% surcharge 50%-only test for brother-sister groups $40,000 AMT exemption amount The $250,000 minimum accumulated earnings credit ©2010 Pearson Education, Inc. Publishing as Prentice Hall

49 Special Rules Applying to Controlled Groups (2 of 2)
Benefits allocated (continued) $128,000 §179 expense amount 50%-only test for brother-sister groups The $25,000 general business credit limitation 80%-50% test for brother-sister groups No loss on sale of assets between members ©2010 Pearson Education, Inc. Publishing as Prentice Hall

50 Consolidated Tax Returns
Affiliated groups Advantages of filing a consolidated return Disadvantages of filing a consolidated return ©2010 Pearson Education, Inc. Publishing as Prentice Hall

51 Affiliated Groups (1 of 2)
One or more chains of includible corps connected through stock ownership to a common parent Common parent directly owns 80% of voting power AND value of at least one includible corporation ©2010 Pearson Education, Inc. Publishing as Prentice Hall

52 Affiliated Groups (2 of 2)
Each corp owned at least 80/80 by another member of the group An affiliated group MAY file a consolidated return Capital losses offset capital gains from other group members Operating losses reduce operating income from other group members ©2010 Pearson Education, Inc. Publishing as Prentice Hall

53 Consolidated Return Advantages
Losses of one member offset gains of another member Capital losses of one member offset capital gains of another member Profits and gains from intercompany transactions deferred until sale outside the group ©2010 Pearson Education, Inc. Publishing as Prentice Hall

54 Consolidated Return Disadvantages
Election binding on all subsequent tax years Unless IRS grants permission otherwise Losses from intercompany transactions deferred until sale outside the group Additional administrative costs ©2010 Pearson Education, Inc. Publishing as Prentice Hall

55 Tax Planning Considerations
Compensation planning for shareholder-employees Special election to allocate reduced tax rate benefits Using NOL carryovers and carrybacks ©2010 Pearson Education, Inc. Publishing as Prentice Hall

56 Compensation Planning
Salary payments Reduce double taxation if paid to shareholder-employees Fringe benefits Deducted by corporation and certain benefits are not be taxable to shareholder-employee ©2010 Pearson Education, Inc. Publishing as Prentice Hall

57 Allocating Reduced Tax Rate Benefits
A controlled group may apportion lower tax rates in any manner to member corporations Reduce benefits to members with little or no income Increase benefits to members with the highest income ©2010 Pearson Education, Inc. Publishing as Prentice Hall

58 Using NOL Carryovers and Carrybacks
Two options Carryback to 2nd previous year, then 1st previous year, then forward Forgo the carrybacks and carry forward Examine marginal tax rates in prior years and expected marginal tax rates in future years to maximize tax benefit ©2010 Pearson Education, Inc. Publishing as Prentice Hall

59 Compliance and Procedural Considerations Estimated Taxes
Estimated taxes required if corp owes >$500 for current year. Pay in four installments Each installment 25% of annual liability Underpayment of estimated tax penalty Small corps exempt from penalty if Pay in lesser of 100% of prior or current year’s tax liability ©2010 Pearson Education, Inc. Publishing as Prentice Hall

60 Compliance and Procedural Considerations Filing Requirements
Return is required each year regardless of income Use form 1120 Use form 1120A if gross receipts, total income & total assets each < $500K Large corps (assets>$10M) must fill out more detailed schedule M-3 ©2010 Pearson Education, Inc. Publishing as Prentice Hall

61 Financial Statement Implications
Scope, objectives, & principles of SFAS No. 109 Temporary differences Deferred tax assets and the valuation allowance FASB Interpretation 48 Balance sheet classification Tax provision process ©2010 Pearson Education, Inc. Publishing as Prentice Hall

62 Scope, Objectives, & Principles of SFAS No. 109 (Scope)
Establishes principles of accounting for current and deferred taxes Arising from temporary differences ©2010 Pearson Education, Inc. Publishing as Prentice Hall

63 Scope, Objectives, & Principles of SFAS No. 109 (Principles)
Addresses financial statement consequences of Rev, exp, gains/losses recognized in different years for tax and financial statement purposes Events affecting book/tax differences in bases of assets and liabilities Loss & credit carrybacks or carryforwards ©2010 Pearson Education, Inc. Publishing as Prentice Hall

64 Scope, Objectives, & Principles of SFAS No. 109 (Objectives)
Recognize current yr taxes payable or refundable Recognize deferred tax liabilities and assets for future tax consequences of events on fin stmts or tax return ©2010 Pearson Education, Inc. Publishing as Prentice Hall

65 Temporary Differences (1 of 2)
Deferred tax liabilities occur when Rev/gains recognized earlier for book than tax Exp/losses deducted earlier for tax than book Tax basis of asset < book basis Tax basis of liability > book basis ©2010 Pearson Education, Inc. Publishing as Prentice Hall

66 Temporary Differences (2 of 2)
Deferred tax assets occur when Rev/gains recognized earlier for tax than book Exp/losses deducted earlier for book than tax Tax basis of asset > book basis Tax basis of liability < book basis Loss/credit carryforwards exist ©2010 Pearson Education, Inc. Publishing as Prentice Hall

67 Deferred Tax Assets and the Valuation Allowance
Firm will realize tax benefit of event in the future Valuation allowance used for portion of benefit not likely to be realized Use “more likely than not” standard ©2010 Pearson Education, Inc. Publishing as Prentice Hall

68 FSAB Interpretation No. 48 (FIN 48)
FIN 48 two-step to account for uncertain tax positions Determine if position exceeds “more likely than not” (>50%) probability of being sustained on its merits by IRS If not, corp cannot recognize tax benefit Records liability for unrecognized tax benefits If yes, measure amount of benefit ©2010 Pearson Education, Inc. Publishing as Prentice Hall

69 Balance Sheet Classification
Classify as current or noncurrent If related to another asset or liability use classification of related asset/liab Net current assets and liabilities Net noncurrent assets and liabilities ©2010 Pearson Education, Inc. Publishing as Prentice Hall

70 Tax Provision Process (1 of 3)
Identify temporary differences and tax carryforwards Prepare “roll forward” schedules Apply appropriate tax rates in roll forward schedules to determine deferred tax asset/liability balances Adjust deferred tax assets by valuation allowance if necessary ©2010 Pearson Education, Inc. Publishing as Prentice Hall

71 Tax Provision Process (2 of 3)
Adjust income tax expense for uncertain tax positions under FIN 48 Determine current federal income taxes payable (current tax expense) Determine total federal income tax expense (benefit) ©2010 Pearson Education, Inc. Publishing as Prentice Hall

72 Tax Provision Process (3 of 3)
Prepare and record tax journal entries Prepare tax provision reconciliation Prepare tax rate reconciliation Prepare financial statements ©2010 Pearson Education, Inc. Publishing as Prentice Hall

73 ©2010 Pearson Education, Inc. Publishing as Prentice Hall


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