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Section 469's Activity and Participation Conclusive Presumptions (AC469A18)

 
Date:Tuesday, December 26, 2017
Time:8:00 PM - 11:00PM
(Registration at 7:30 PM)
Facility:Webcast or Webinar, Online
CPE Credit:3.0 Technical Business
Instructor: David R. Jenkins
Vendor:ACPEN
Course Level:Intermediate
Early Bird Price:$99.00 FICPA Members, $129.00 Non-Members

Description:

 

When Congress enacted the Omnibus Budget Reconciliation Act of 1993 it imposed incremental intra-period predicate factual requirements on the inter-period rental real property trade or business activity conclusive presumption. In that legislation, however, Congress did not impose incremental predicate factual requirements on the strictly intra-period Section 469(h)(1) participation conclusive presumption. Since the 1993 legislation, it appears the IRS, the Secretary of the Treasury, taxpayers, and professionals alike continue to confuse whether Congress’s 1993 action imposing the incremental Section 469(c)(7)(B)(i) and (ii) intra-period predicate factual requirements qualified the activity or participation conclusive presumption, or both. This webcast resolves that confusion.

 

Syllabus

Lesson 1.

Introduction

Lesson 2.

Conclusive Presumptions

Lesson 3.

The Activity Conclusive Presumption

Lesson 4

The Participation Conclusive Presumption

Lesson 5.

Noncorporate Lessor Activity Conclusive Presumptions       

Lesson 6

Section 469(c)(7)(B)’s Rental Real Property Trade or Business Activity Qualifying Predicate Factual Requirements

Lesson 7

Conclusion



Objectives:

  • Recognize how to correctly distinguish conclusive presumption ultimate facts from conclusive presumption predicate facts

  • Recognize that trade or business activity conclusive presumptions are correctly considered inter-period because both historic and prospective facts and factors are taken into account in making such activity determinations in each and every taxable period

  • Recognize material participation conclusive presumptions are correctly considered intra-period because each taxable period’s fulfillment of participation predicate factual requirements are mutually exclusive of any other period’s fulfillment of participation predicate factual requirements  

  • Recognize the Section 179(d)(5)(B) noncorporate lessor trade or business activity predicate factual requirements correctly qualify the Section 469(c)(1)(A) trade or business activity conclusive presumption and do not qualify the Section 469(c)(1)(B) material participation conclusive presumption  

  • Recognize the Section 469(c)(7)(B) rental real property trade or business activity predicate factual requirements correctly qualify the Section 469(c)(1)(A) trade or business activity conclusive presumption and do not qualify the Section 469(c)(1)(B) material participation conclusive presumption  

  • Recognize Section 469 references to activity conclusive presumption taxpayers correctly refers to Section 7701(14) taxpayers (taxpayers subject to either subtitle A or C internal revenue taxes) and not Section 469(a)(2) taxpayers (taxpayers subject to subtitle A internal revenue taxes)

  • Recognize Section 469(c)(7)(B)’s activity conclusive presumption predicate factual requirements correctly demarcates Congress’s bright line distinction between trade or business activity labor and capital factors of production and investment activity capital factors of production



    Major Topics:

  • The definition of a conclusive presumption and its significance in tax law  

  • The Section 469(c)(1)(A) trade or business activity conclusive presumption  

  • Common law trade or business activity conclusive presumption predicate factual requirements

  • The Section 469(c)(1)(B) material participation conclusive presumption  

  • The Section 469(h)(1) participation conclusive presumption predicate factual requirements

  • Congress’s periodic qualification of trade or business activity conclusive presumptions

  • The Section 469(c)(7) rental real estate trade or business activity conclusive presumption and related predicate factual requirements



    Who Should Attend:
    *CPAs *Attorneys *Enrolled Agents *Enrolled Retirement Plan Agents *Self-directed Retirement Plan Fiduciaries, Custodians, and Administrators *Self-directed Retirement Plan Account Holders *Tax Return Preparers

    Prerequisite:
    This webcast is an intermediate continuing education webcast. It is assumed the webcast participant has fundamental knowledge of tax issues, material participation definitions, passive activity losses, section 469(c)(7) rental real estate trade of business activity issues, noncorportate lessor secton 179 100% depreciation expense issues.

    Advanced Preparation:
    None

    Session/Options

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    Registration Status: CLOSED - Online registration for this course is now closed. Please contact the Member Service Center at (800) 342-3197 if you wish to inquire about registering.