Advising & Planning
Part 1 · 36 study cards · Active recall format
Q1.How much gain can married couples exclude on a home sale under Section 121?
Up to $500,000 if both meet the use test, at least one meets the ownership test, and neither sold another home within 2 years
0Q2.What is the standard mileage rate for business use of a vehicle in 2025?
$0.70 per mile (must be used in the first year the vehicle is placed in service)
0Q3.What is the AGI limit for cash charitable contributions?
Up to 60% of AGI for cash contributions to qualified charities. Excess carries forward 5 years.
0Q4.How are gambling losses treated for tax purposes?
Deductible up to gambling winnings, but only if itemizing on Schedule A. Keep detailed records. (2026+: OBBBA reduces to 90% of losses.)
0Q5.What is the Generation-Skipping Transfer (GST) tax?
Tax on transfers to skip persons (anyone >37.5 years younger than transferor). Closes the loophole of bypassing a generation. Exemption = $13,990,000 (2025). Top rate 40%.
0Q6.What is the §1031 related-party 2-year holding rule?
If a 1031 exchange involves related parties and either disposes within 2 years, deferred gain/loss is recognized in the disposition year. Exceptions: death, involuntary conversion, or proof of non-tax-avoidance motive.
0Q7.What property is NOT eligible for the installment sale method?
Publicly traded securities (stocks/bonds on established market — gain reported in sale year) Inventory Property sold at a loss
0Q8.What is the tax treatment of §1244 small business stock losses?
Loss treated as ORDINARY loss (not capital loss) up to $50,000 ($100,000 MFJ) per year. Excess is capital loss. Must be original issue from qualifying small business (capitalization ≤$1M).
0Q9.How are worthless securities treated for tax purposes?
Treated as sold on last day of tax year for $0 — capital loss. Must be completely worthless. 7-year amended-return window (vs normal 3 years) to claim the loss.
0Q10.What is the de minimis safe harbor for repairs vs improvements?
Taxpayer may expense each invoice/item costing ≤$2,500 (does not apply to inventory or land purchase). Election made annually on the return.
0Q11.What is the NOL carryback exception for farming losses?
Farming losses can be carried back 2 years. Farmer must elect on the return. All other post-2020 NOLs have no carryback (indefinite carryforward only).
0Q12.Does receiving Form 1099-C mean the COD is taxable?
No — 1099-C does NOT mean the amount is automatically taxable. Taxpayer must evaluate whether a §108 exclusion applies (QPRI, insolvency, bankruptcy) and file Form 982.
0Q13.What is the insolvency exclusion for COD treatment?
COD excluded to the extent taxpayer was insolvent (total liabilities > FMV of total assets) immediately before cancellation. Exclusion limited to amount of insolvency. File Form 982. Tax attributes reduced per §108(b).
0Q14.What is the difference between innocent spouse relief and injured spouse?
Innocent spouse (Form 8857): tax understated by spouse's wrongdoing — seek relief from liability. Injured spouse (Form 8379): your share of joint refund seized for spouse's past debts — get your portion back.
0Q15.Are damages for emotional distress excludable under §104(a)(2)?
Emotional distress alone is NOT treated as physical injury. However, damages received for medical care attributable to emotional distress (up to amount actually paid) ARE excludable.
0Q16.How is the taxability of long-term disability (LTD) benefits determined?
Depends on who paid the premium: Employer paid 100% → benefits 100% taxable Employee paid 100% with after-tax dollars → NOT taxable Employee paid 100% with pre-tax dollars → 100% taxable Shared payment → taxable in proportion to employer-paid share
0Q17.What are the 2025 dollar limits for qualified and non-qualified employee achievement awards?
Qualified plan awards (length-of-service or safety): up to $1,600 excluded. Non-qualified plan awards: up to $400 excluded. Cash, gift cards, stocks, and tickets never qualify.
0Q18.Under §108(h)(4), when a refinanced loan has both QPRI and non-QPRI portions, which portion is deemed discharged first?
The non-QPRI portion is discharged FIRST. QPRI covers only the excess after non-QPRI is extinguished. This is the §108(h)(4) ordering rule — NOT proportional. If the discharged amount does not exceed the non-QPRI portion, QPRI exclusion is $0.
0Q19.Jane has a refinance loan of $320,000 ($250,000 QPRI, $70,000 non-QPRI). The lender forgives $40,000. How much QPRI exclusion does Jane get under §108(h)(4)?
$0. Non-QPRI ($70,000) is discharged first. Since $40,000 discharged < $70,000 non-QPRI, no QPRI exclusion applies. All $40,000 is non-QPRI COD — fully taxable unless another exclusion applies.
0Q20.What three tests must a debt pass to be considered QPRI?
(1) Must be acquisition indebtedness (used to buy, build, or substantially improve the principal residence). (2) Must be secured by the residence. (3) Must be the taxpayer's principal residence.
0Q21.What is the deadline for making a §83(b) election, and is it revocable?
The §83(b) election must be filed within 30 days of receiving the restricted stock. It is IRREVOCABLE once made.
0Q22.For NOLs arising BEFORE January 1, 2018, what are the carryback/carryforward rules?
2 years carried back 20 years carried forward 100% no 80% cap
0Q23.For NOLs arising AFTER December 31, 2020, what are the carryback/carryforward rules?
no carryback farming indefinite carried forward 80%
0Q24.What temporary NOL rules applied to tax years 2018-2020 under the CARES Act?
5 years carried back 100% no 80% cap 2018 2019 2020 expired
0Q25.What are the 2025 Social Security taxation base amounts for MFJ filers?
MFJ: $32,000 (50% taxable threshold) / $44,000 (85% taxable threshold). MFS who lived together at any time: $0 base amounts. MFS who lived APART all year: $25,000/$34,000.
0Q26.How much is the military death gratuity and is it taxable?
$100,000 military death gratuity is entirely TAX-FREE. SGLI (Servicemembers' Group Life Insurance) is also tax-free to beneficiaries.
0Q27.What are the requirements for reservists to deduct unreimbursed travel expenses above-the-line?
Reservists who travel MORE THAN 100 miles from home for drill/meetings AND stay overnight can deduct unreimbursed travel expenses on Schedule 1, Line 12. Includes transportation, lodging, and 50% meals. Use Form 2106.
0Q28.For a §121 primary residence gain exclusion, what are the ownership and use requirements, and what is the exclusion amount?
$250,000 ($500,000 MFJ). Must have OWNED and USED the property as a principal residence for at least 2 of the 5 years preceding the sale. The 2 years need not be consecutive. Cannot have used the exclusion in the prior 2 years.
0Q29.What is the reduced exclusion formula when a taxpayer fails the §121 2-year test for an approved reason?
Reduced exclusion = full exclusion ($250K/$500K) × (shorter of qualified-use period OR period since last exclusion, in days) ÷ 730 days (24 months). Approved reasons: change in employment (new job ≥50 miles farther), health, or unforeseen circumstances.
0Q30.Jane has a $320,000 refi loan ($250,000 QPRI, $70,000 cash-out non-QPRI). The lender forgives $40,000. How much QPRI exclusion does Jane get?
$0. Under §108(h)(4), the non-QPRI ($70,000) is discharged first. Since $40,000 discharged is less than $70,000 non-QPRI, ZERO QPRI exclusion. The entire $40,000 is non-QPRI COD — taxable unless insolvency or bankruptcy applies.
0Q31.What is the §83(b) election deadline and can it be revoked?
Must be filed within 30 days of receiving restricted stock. The election is IRREVOCABLE once made. Tax is recognized at grant (FMV minus amount paid) rather than at vesting.
0Q32.What special NOL rules did the CARES Act provide for tax years 2018, 2019, and 2020?
The CARES Act temporarily allowed a 5-year carryback for NOLs from 2018-2020 with 100% offset (no 80% cap). These rules have since expired. Do not apply them to post-2020 NOLs.
0Q33.What are the 2025 Social Security benefit taxation base amounts for MFJ and MFS filers?
MFJ: $32,000 (up to 50%) / $44,000 (up to 85%). MFS who lived TOGETHER at any time: $0 base (all benefits taxable). MFS who lived APART all year: $25,000 / $34,000 (same as single).
0Q34.What travel distance and conditions allow reservists to deduct unreimbursed travel expenses above-the-line?
Reservists who travel MORE THAN 100 miles from home for drill/meetings AND stay overnight can deduct unreimbursed travel expenses on Schedule 1, Line 12. Includes transportation, lodging, and 50% meals. Form 2106 required.
0Q35.Under §121, what is the ownership and use requirement, and the maximum gain exclusion?
$250,000 ($500,000 MFJ). Must have OWNED and USED the home as a principal residence for at least 2 of the 5 years preceding the sale. Need not be continuous. Cannot have used the exclusion in the prior 2 years. For MFJ: both spouses must meet the use test; at least one must meet the ownership test; neither used the exclusion in the prior 2 years.
0Q36.How are losses and later gains treated when property is sold between related parties?
seller's loss is not deductible if the related buyer later sells at a gain, prior disallowed loss offsets gain recognized gain cannot be reduced below zero by the prior disallowed loss family includes siblings, spouse, ancestors, and lineal descendants
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