INCOME TAXATION 6TH Edition (BY: VALENCIA & ROXAS)
SUGGESTED ANSWERS
127
Chapter 14: Income Taxes of Estates & Trusts
CHAPTER 14
INCOME TAXES OF ESTATES & TRUSTS
Problem 14 – 1 TRUE OR FALSE
1. False – P20,000
2. True
3. True
4. True
5. True
6. True
7. False – It shall be in writing either as trust inter-vivos or through a will.
8. False – A trustor is the person who establishes the trust, not the trustee.
9. True
10. True
11. True
12. True
Problem 14 – 2 TRUE OR FALSE
1. False – A taxpayer is required to file ITR regardless of the result of business whether there is income or loss; hence, the ITR of irrevocable trust should be filed if its income is P20,000 and below.
2. True
3. True
4. True
5. False – The income is taxable.
6. True
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[Sec. 79(F), NIRC]
2.
Letter A
Income tax due – case 2 & case 3 (P2,500 + P4,000)
Less: Income tax due – case 1
Income tax savings – 200y
Gross income
Itemized
Amount distributed – child
OSD (P200,000 x 40%)
Net income before exemption
Personal exemption
Net taxable income
Tax on P140,000
Tax on P30,000
Tax on excess:
Case 1: (P40,000 x 25%)
Case 3: (P10,000 x 15%)
Income tax due
P 6,500
32,500
(P26,000)
Case 1*
P500,000
(300,000)
.
P200,000
( 20,000)
P180,000
P22,500
10,000
.
P32,500
Case 2*
P500,000
(300,000)
(150,000)
.
P 50,000
( 20,000)
P 30.000
Case 3*
P150,000
( 60,000)
P 90,000
( 50,000)
P 40,000
P 2,500
P2,500
.
P 2,500
1,500
P 4,000
*Case 1 – Income tax of the estate (no portion is distributed to heir).
*Case 2 – Income tax of the estate (P150,000 is distributed to heir).
*Case 3 – Income tax of the heir (P150,000 is received from estate).
The tax saving is brought about by splitting the taxable income between taxpayers thus lowering the taxable income to lower tax rate and availing two personal exemptions. Problem 14 – 7
1. Letter C
Gross income
200x
P 5,000,000
200y
P 6,000,000
130
INCOME TAXATION 6TH Edition (BY: VALENCIA & ROXAS)
SUGGESTED ANSWERS
Chapter 14: Income Taxes of Estates & Trusts
Operating expenses allowed
Amounts given to beneficiaries
200x (P680,000/85%)
200y (P765,000/85%)
Personal exemption
Net taxable income
Tax on P500,000
Tax on excess:
200x: (P880,000 x 32%)
200y: (P1,380,000 x 32%)
c. Fill out the Refund section by performing the calculations if the IRS owes Jessie Robinson money. Do not fill out the bank account information section.
The appellants view the “substance” of the transaction is over the “form”. Generally, taxpayers are bound by the form of their transaction and may not argue the substance triggers different tax consequences. The Tax Court found the form and substance of the transaction was a loan from the bank to VAFLA and not to the appellants. The proceeds were to be used in the operation of the business and petitioners were not free to dispose the loan. Nor were the payments reported as constructive dividends.
The current tax code for the United States is almost 74,000 pages long. Or to put that into a different light: About 116 copies of Herman Melville’s Moby Dick. It is small wonder that a few of the announced candidates for President of the United States, have again begun to kick the tires on the topic of a Flat Tax. But is a flat tax actually a solution to our country’s growing tax complexity? What are the potential economic effects of a flat tax (both positive and negative)? Finally, is a flat tax even a viable solution? In short, will it work? As a concept, a flat tax is spectacular. Simplicity at its finest. As a fiscal policy, I believe that same simplicity must be examined and inspected closely.
The trust was to terminate at the end of five years, at which time the accrued but unpaid income was to be paid to the taxpayer’s wife, and the principal returned to taxpayer. The United States Supreme Court ruled in Helvering v. Clifford that the income earned by the trust would be taxable to the grantor, even though the income was actually distributed to the beneficiary, because of the amount of control retained by the grantor.
Interest income received by a cash basis taxpayer is generally reported in the tax year it is received.
The worst thing I think America ever did is putting way too many taxes on the poor. One of my reasons is that the poor can’t afford a lot of things with taxes and if the poor buy something they also have to pay taxes, which will make everything more Expensive. My Second reason is that the government should make a rule for taxes based on the person's income. My Third reason is that because of the taxes the poor are getting poorer and the rich are getting richer. Those are my three reasons for why taxes on the poor is the worst thing America did.
This information is being furnished to the Internal Revenue Service. If you are required to file a tax return, a negligence penalty or other sanction may be imposed on you if this income is taxable and you fail to report it.
For a corporation in 2012, the domestic production activities deduction is equal to 9% of the higher of (1) qualified production activities income or (2) taxable income. However, the deduction cannot exceed 50% of the W-2 wages related to qualified production activities income.
Under I.R.C. Section 7701(b), an individual is considered a US resident for tax purposes if they are physically present in the US on at least 1) 31 days during the current year, and 2) 183 days during the three year period that includes the two years immediately before that, counting, all days of current year, 1/3 of days in first year before the current year, and 1/6 of days in the second year before the current year (Substantial Presence Test, 2013). Because Mr. Murray was physically in the US from June through December 2012, 210 days, he is considered a US resident under the substantial presence test for income tax purposes for the year 2012. All his income of $65,000 would be reported on Form 1040 and be taxed as if he was a United States resident.
d. be a cost effective-way to pay money to your beneficiaries without having to pay any income tax on the death benefit
Total taxes are a requirement for the form along with total deposits for the period. If there is a difference between the amount of taxes due and total payments, the outstanding balance has to be settled.
This article written by Dave Roos explains the American situation that is already in the title itself “Is it true that only 53 percent of Americans pay income tax?” To further explain, Mr. Roos pointed out that the politicians and organizations believe that the richest Americans pay the largest share of taxes. He then gives an example of the top twenty percent of Americans that earn 53.4 percent but pay 67.2 percent of total income tax. Another shocking point that was made was half of all Americans don’t pay income tax at all; reason being that they are the 99 percent. That being said, the 53 percent of Americans who pay income tax must be given credit for keeping the US in business. This statistics states to be true because only 49 percent
The United States tax system is in complete disarray. Republicans and Democrats agree that the current tax code is complex, unfair, and costly. The income tax system is so complex; the IRS publishes 480 tax forms and 280 forms to explain the 480 forms (Armey 1). The main reason the tax system is so complex is because of the special preferences such as deductions and tax credits. Complexity in the current tax system forces Americans to spend 5.4 billion hours complying with the tax code, which is more time than it takes to manufacture every car, truck and van produced in the United States (Armey 1). Time is not the only thing that is lost with the current tax system; Americans also lose
Tax system is a legal system of imposing and collecting taxes from the citizens of the country. As it has been stated by Albert Einstein, the hardest task in the world is to understand the tax system of a country. The United States’ tax system is so complicated that its tax code contains almost 3 million words and 6,000 pages. Moreover, the taxes implied by city and state governments add more complexity to the federal taxation system. In this case, we do not need to understand the complexity of tax code system in order to get acquainted with the significant role of taxes in American society.
In Milroy, the deceased executed a deed, which used wrong formality, to set up a trust of shares in favour of his niece. The niece argued that