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634 MODULE 39 TAXES: CORPORATE

24. (c) The requirement is to determine the exempt por- offset by a dividends received deduction. Therefore, both
tion of Rona Corp.' s alternative minimum taxable income personal service corporations and personal holding compa-
(AMTI). A corporation is allowed an exemption of $40,000 nies must include 100% of dividends received from unre-

'N~;t:,\- r. in computing its AMTI. However, the $40,000 exemption is lated taxable domestic corporations in gross income.

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<, reduced by 25% of the corporation's AMTI in excess of
30. (d) The requirement is to determine the amount of
$150,000. Here, the amount of exemption is $40,000-
bond sinking fund trust income taxable to Andi Corp. in
[($200,000 - $150,000) x 25%] = $27,500.
2009. Since the trust income will be accumulated and bene-
25. (c) The requirement is to determine which item is a fit Andi Corp. by reducing the amount of future contribu-
tax preference that must be included in the computation of a tions that Andi must make to the bond sinking fund, all of
corporation's alternative minimum tax (AMT) for 2010. the trust income, consisting of $60,000 of interest and
Tax-exempt interest on private activity bonds issued in 2009- $8,000 of long-term capital gain, is taxable to Andi Corp.
is a tax preference item. Answer (a) is incorrect because it is
the excess of income under the percentage-of-completion
Ai'. (a) The requirement is to determine the amount of
/~;pital gain recognized by Lee Corp. on the sale of its trea-
method over the amount reported using the completed-
sury stock. A corporation will never recognize gain or loss
contract method that is a positive adjustment in computing
on the receipt of money or other property in exchange for its
the AMT. Answer (b) is incorrect because a deduction for
stock; including treasury stock.
casualty losses is allowed in the computation of AMT.
Answer (d) is incorrect because capital gains are not a
preference item in computing the AMT. r;~n
~ (d) The requirement is to determine the amount of
to be recognized by Ral Corp. when it issues its stock in
26. (b) For real property that was placed in service be-
exchange for land. No gain or loss is ever recognized by a
fore January 1, 1999, an AMT adjustment is necessary be-
corporation on the receipt of money or other property in
cause for AMT purposes, real property must be depreciated
exchange for its own stock (including treasury stock).
using the straight-line method over a forty-year recovery
period, rather than the thirty-nine year or twenty-seven and 1( 3. (c) The requirement is to determine the amount of
one-half year recovery period used for regular tax purposes. dividend reportable by a corporate distributee on a property
However, note that this adjustment has been eliminated for distribution. The amount of dividend to be reported by a
real property first placed in service after December 31, 1998. corporate distributee is the ~V of the property ~ any
The dividends received deduction, charitable contributions, liability assumed. Kile's dividend would be $12,000, re-
and investment interest expense are neither adjustments nor duced by the liability of $5,000 = $7,000.
tax preference items.
C.4.b. Organizational Expenditures
r-27. (d) The requirement is to determine when a corpora-
tion will not be subject to the alternative minimum tax 34. (d) The requirement is to determine which costs are
(AMT) for 2010. A corporation is exempt from AMT for its deductible organizational expenditures. Organizational
first tax year. After the first year, a corporation is exempt expenditures include fees for accounting and legal services
from AMT for each year that it passes a gross receipts test. incident to incorporation (e.g., fees for drafting corporate
A corporation is exempt for its second year if its gross re- charter, bylaws, terms of stock certificates), expenses of
ceipts for the first year did not exceed $5 million. For all organizational meetings and of temporary directors
subsequent years, a corporation is exempt if its average an- meetings, and fees paid to the state of incorporation.
nual gross receipts for the testing period do not exceed $7.5 However, the costs incurred in issuing and selling stock and
million. Exemption.from the AMT is not based on asset size securities (e.g., professional fees to issue stock, printing
nor number of shareholders. .costs, underwriting commissions) do not qualify as
organizational expenditures and are not tax deductible.
28. (c) A corporation is exempt from the corporate 35. (a) The requirement is to determine the amount that
AMT for its first tax year. It is exempt for its second year if Brown should deduct for organizational expenditures for
its first year's gross receipts were $5 million or les . To be 2010. For organizational expenditures incurred or paid after
. exempt-for its third ye , the corporation's average gross October 22, 2004, a corporation may elect to deduct up to
receipts for the first two years must be $7.5 million or less. $5,000 for the tax year in which the corporation begins busi-
To be exempt for the fourth year(and subsequent years), the ness. The $5,000 amount must be reduced by the amount by
corporation's average gross receipts for an prior three-year which organizational expenditures exceed $50,000. Re-
-periods also must be $7.5 million or less. Here, Bradbury is maining expenditures are deducted ratably over the 180-
exempt for 2008 because its average gross receipts for 2006- month period beginning with the month in which the corpo-
2007 were $6.75 million. However, Bradbury loses its ex- ration begins business. Brown's qualifying organizational
emption for 2009 and all sub equent years because its aver- expenditures include the $40,000 of legal fees, $15,000 for
age gross receipts for 2006-2008 exceed $7.5 million ($7.67 temporary directors' meetings, and $4,400 of state incorpo-
million). ration fees, a total of $59,400. The $25,000 of underwriting
commissions and other costs of issuing stock are not de-
C.3. Gross Income ductible, and merely reduce paid-in capital. Since Brown
29. (a) The requirement is to indicate whether personal began business in July, Brown's deduction for ~01O is
/'10 f.~
service corporations and personal holding companies must (\la I
$59,400 x 6/180 = $1,980.fi';
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include 100% of dividends received from unrelated taxable J 36. (a) The requirement is to determine the correct
domestic corporations in gross income in computing regular statement regarding the costs of organizing a corporation
taxable income. Since the question concerns gross income, during 2010. A corporation's organizational expenditures
not taxable income, no part of the dividend income would be (e.g., legal fees for drafting the corporate charter, bylaws, I;:
W~el!. qt1,J I t)?'/flC; ;, Ifrf@.)er'l JeI"'(I(j, I d~;' ~,( ¥,I'-.." rtfra1thl.oI"
w, ii1 d"dt"tiJ.,··" ' fI{Q,-I '0,1 ~I J. '" ~ f(J'"

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