Enrolled Agent Practice Exam
152 free Enrolled Agent practice questions with answers and explanations.
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The Enrolled Agent exam is administered by Internal Revenue Service (IRS).
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Part 2: Business Tax Preparation
15 questions1. Business meals with clients, properly documented and not lavish, are deductible at what portion?
- A. 100%
- B. 50%
- C. 25%
- D. 0% — meals are never deductible
Show answer & explanation
Answer: B
The baseline for ordinary business meals is a 50% deduction, with documentation of the business purpose and attendees. A full deduction and a 25% figure both misstate the statutory fraction, and treating meals as never deductible confuses them with entertainment, which the code separated out and made fully nondeductible.2. Which employment tax is paid by the EMPLOYER alone, with no employee withholding?
- A. Additional Medicare tax withheld from high earners
- B. Federal unemployment tax (FUTA)
- C. Federal income tax withholding from wages
- D. The employee half of Social Security tax
Show answer & explanation
Answer: B
FUTA is employer-only, reported on Form 940; Social Security and Medicare split between employer and employee via Form 941 withholding, and income tax withholding is entirely the employee's own money passed through by the employer. The additional Medicare tax is withheld from the employee's pay, not funded solely by the employer.3. An investor wants to swap a rental building for another rental property tax-deferred under Section 1031. What limits apply today?
- A. Any property qualifies for like-kind treatment, including business equipment, vehicles, and virtual currency held for investment
- B. Like-kind exchange treatment is limited to REAL property held for investment or business use
- C. Only a taxpayer's primary residence qualifies for like-kind exchange treatment
- D. Section 1031 was repealed in full and no longer applies to any transaction
Show answer & explanation
Answer: B
Post-2017, Section 1031 covers only real property held for investment or productive use — personal property exchanges like equipment, vehicles, and virtual currency lost eligibility. Primary residences use Section 121, an entirely different provision, and 1031 remains on the books for qualifying real estate rather than having been repealed.4. A business sells land for payments spread over five years. How is the gain reported by default?
- A. All of the gain is recognized in the year of sale, with no alternative method available
- B. Under the installment method — gain recognized proportionally as payments arrive
- C. All of the gain is deferred until the final payment is received in year five
- D. None of the gain is ever taxed once payments are spread across three years
Show answer & explanation
Answer: B
Installment reporting is the default for qualifying sales with payments after the sale year: each payment carries its gross-profit percentage of gain, rather than all gain landing in the sale year or waiting entirely for the last payment. The seller may elect out and report everything up front — dealers and inventory are excluded from the method — but gain is never simply erased by spreading payments over time.5. Shares are sold at a loss to the seller's brother. What is the tax outcome for each of them, now and on his later resale?
- A. The loss doubles in value when claimed on the seller's return
- B. The loss is disallowed between related parties; his later gain is reduced by the disallowed loss
- C. The loss is fully deductible in the year of sale, since siblings are not treated as related parties under the tax code
- D. The brother inherits the disallowed loss and may deduct it on his own return
Show answer & explanation
Answer: B
Section 267 disallows losses on sales to related parties — siblings included, so the sale is not fully deductible — but the buyer may offset later gain by the previously disallowed amount. The loss never transfers to the brother as his own deduction, and it does not double in value; it survives only as that gain offset.6. What does the qualified business income (QBI) deduction offer owners of pass-through businesses?
- A. Complete exemption from federal tax on all business income earned by the owner, regardless of the entity's total annual revenue
- B. A credit equal to the payroll taxes the business paid during the year
- C. Nothing for pass-through owners; the deduction is reserved for C corporations
- D. A deduction of up to 20% of qualified business income, subject to income-based limits and service-business restrictions
Show answer & explanation
Answer: D
The QBI deduction gives sole proprietors, partners and S shareholders up to 20% of qualified business income, with wage/property limits and specified-service phase-outs at higher incomes — not a full exemption and not a payroll-tax credit. C corporations are outside it, the reverse of the third distractor — they got the flat rate cut instead of a QBI deduction.7. Equipment fully depreciated to a zero basis sells for $15,000. How is the gain characterized?
- A. Ordinary income up to the depreciation taken — Section 1245 recapture
- B. Entirely long-term capital gain, since the equipment was held more than a year
- C. A tax-free return of capital up to the equipment's original cost
- D. A deductible casualty loss reported on Form 4684
Show answer & explanation
Answer: A
Section 1245 recaptures depreciation on personal property as ordinary income: gain up to the depreciation claimed loses capital treatment regardless of how long the equipment was held. There is no tax-free return of capital once basis has been depreciated to zero, and a profitable sale is not a casualty loss; only gain beyond original cost would reach Section 1231's capital-gain territory.8. What must be true of a home office for a self-employed taxpayer to deduct it?
- A. Occasional use during evenings and weekends, so long as the space is used for business at some point
- B. The office space must occupy more than half of the home's total square footage
- C. Exclusive and regular use as the principal place of business (or a place to meet clients)
- D. The office must be a detached structure separate from the main dwelling
Show answer & explanation
Answer: C
The twin pillars are exclusive use and regular use, for a space that is the principal place of business or regularly used to meet clients — administrative use can qualify a space as principal. There is no square-footage floor and no requirement that the office be a separate detached structure; occasional evening use is exactly what fails the regular-use prong.9. Who must file Schedule C rather than reporting wages: an office worker paid on a W-2, or a rideshare driver paid gross fares with no withholding?
- A. The office worker, since W-2 employees may also elect to file a Schedule C
- B. The rideshare driver — an independent contractor reporting business income and expenses on Schedule C
- C. Both workers, since Schedule C applies to anyone who receives any compensation for personal services rendered
- D. Neither one; Schedule C is reserved for corporations electing S status
Show answer & explanation
Answer: B
Independent contractors report business receipts and expenses on Schedule C and pay SE tax on the net; employees report W-2 wages with FICA already withheld and have no Schedule C election available to them. Classification follows control and independence factors, not the worker's preference, and Schedule C belongs to sole proprietors, not S corporations.10. A business buys equipment and wants the fastest possible deduction rather than multi-year depreciation. Which provision does that?
- A. Section 179 expensing — electing to deduct qualifying property in the year placed in service, within annual limits
- B. Straight-line depreciation spread evenly over a 39-year recovery period
- C. No provision in the current code permits acceleration faster than the regular MACRS depreciation schedule already allows for
- D. Deducting the full cost immediately by classifying it as a routine repair
Show answer & explanation
Answer: A
Section 179 lets businesses elect immediate expensing of qualifying tangible property up to indexed annual limits, with bonus depreciation as a companion regime — the opposite of the slow 39-year schedule, which applies to real property, not equipment. Capitalizing a new asset and calling it a 'repair' inverts the actual capitalization rule rather than accelerating anything.11. A new restaurant spends $8,000 investigating and launching before opening day. How are these start-up costs treated?
- A. The full $8,000 is deductible in the year paid regardless of when the restaurant actually opens its doors
- B. Up to $5,000 deducted immediately (phased down for large totals), the rest amortized over 180 months
- C. None of it is deductible until the restaurant permanently closes its doors
- D. The costs are deducted only when the restaurant first turns a profit
Show answer & explanation
Answer: B
Start-up and organizational costs each allow a first-year deduction of up to $5,000 (reduced dollar-for-dollar above $50,000 of such costs), with the remainder amortized over 180 months from the month business begins. Nothing here waits for the business to close or turn a profit, and the full amount is not simply deductible whenever paid.12. Which taxpayer may generally use the CASH method of accounting?
- A. Any C corporation, no matter its size or annual gross receipts
- B. No business at all — accrual accounting is required across the board
- C. A small service business meeting the gross-receipts test
- D. Only a business that carries no inventory of any kind
Show answer & explanation
Answer: C
Small business taxpayers under the average-annual-gross-receipts test may use cash accounting even with inventories (treated as non-incidental materials); large C corporations are pushed to accrual rather than free to use cash regardless of size. Inventory historically forced accrual — the modern rule relaxed exactly that, so cash-method eligibility is not limited to inventory-free businesses.13. A wholesaler's customer goes bankrupt owing $12,000 on account (previously included in accrual income). A friend also fails to repay a $3,000 personal loan. How do the two write-offs differ?
- A. Both debts are ordinary deductions in the year either one becomes even partially worthless, with no capital-loss limitation applying
- B. The business bad debt is an ordinary deduction; the nonbusiness bad debt is a short-term capital loss, only when wholly worthless
- C. Both debts are long-term capital losses subject to the same $3,000 annual limit
- D. Neither write-off is deductible, since informal loans lack a written agreement
Show answer & explanation
Answer: B
Business bad debts deduct as ordinary losses, with partial worthlessness allowed; nonbusiness bad debts deduct only when totally worthless, and then as short-term (not long-term) capital losses subject to the $3,000 limitation. Classification decides everything, and an informal personal loan does not need a written agreement to be deductible once it is proven worthless.14. A contractor deducts the daily drive from home to his first job site as a business expense. Is it allowed?
- A. Yes, since driving from home to any job site counts as deductible business mileage under current law
- B. Yes, but only at half of the standard mileage rate for that tax year
- C. No — commuting between home and a regular work location is personal and nondeductible
- D. Yes, once the one-way commute exceeds fifty miles in a single day
Show answer & explanation
Answer: C
Commuting is personal regardless of distance, so a fifty-mile threshold does not convert it into deductible mileage, and there is no half-rate compromise for commuting drives. Deductible travel begins between work locations — job site to job site — or from a qualifying home office to client sites, which is what makes the home-office rules valuable to the self-employed.15. An employer reimburses employee travel under a plan requiring business substantiation and return of excess advances. How are the reimbursements treated?
- A. As an accountable plan — reimbursements are excluded from employees' wages
- B. As a nondeductible expense that the employer may not claim anywhere on its own tax return
- C. As dividends paid to the traveling employee's investment account
- D. As bonus wages, subject to income tax withholding and payroll tax
Show answer & explanation
Answer: A
Accountable plans — business connection, substantiation, return of excess — keep reimbursements out of W-2 wages entirely, and the employer still deducts the expense rather than losing it. Fail any prong and the payments become taxable compensation, but employees under a genuine accountable plan are not employees receiving bonus wages or dividends; the plan's mechanics, not its label, control.
Part 1: Taxation
9 questions16. For a taxpayer whose prior-year AGI was over $150,000, which estimated-payment safe harbor avoids an underpayment penalty?
- A. Paying 100% of the prior year's tax, the threshold that applied before her income crossed $150,000
- B. Paying half of the current year's projected tax liability in four equal installments
- C. No safe harbor is available once prior-year AGI exceeds $150,000
- D. Paying 110% of the prior year's tax (or 90% of the current year's)
Show answer & explanation
Answer: D
The prior-year safe harbor is 100% of last year's tax — but it rises to 110% when prior-year AGI exceeded $150,000. The alternative 90%-of-current-year harbor is income-blind and stays available at any income level, and the 100% figure only applies below that $150,000 line, which is exactly the trap for a high earner who quotes it.17. Which taxpayer owes self-employment tax?
- A. An employee whose employer withholds Social Security and Medicare tax from W-2 wages
- B. A retiree whose only income is a Social Security retirement benefit
- C. A freelance designer with $40,000 of Schedule C net profit
- D. An investor whose only income is qualified dividends from a brokerage account
Show answer & explanation
Answer: C
SE tax — the 15.3% combined Social Security and Medicare levy — applies to net self-employment earnings like Schedule C profits. A W-2 employee's share is already collected through payroll withholding rather than SE tax, and Social Security benefits and investment dividends are not self-employment earnings at all.18. A household employer pays a nanny $3,500 in cash wages during 2025 and withholds nothing. What tax obligation does this trigger for the employer?
- A. Household employment ("nanny") tax on Schedule H, since her cash wages crossed the annual threshold for Social Security and Medicare tax
- B. None, since household employers are exempt from all federal employment tax rules regardless of how much cash they pay a household worker
- C. A requirement to issue the nanny a Form 1099-NEC instead of ever tracking any household employment tax obligation
- D. Full corporate payroll tax registration, the same quarterly filing regime that applies to a business with dozens of W-2 employees
Show answer & explanation
Answer: A
Once cash wages paid to a household employee cross the annual threshold, the employer owes Social Security and Medicare tax on those wages and reports the liability on Schedule H attached to the employer's own Form 1040, rather than being exempt or issuing a 1099-NEC as if the nanny were an independent contractor. A household employer is not required to undertake full corporate-style payroll registration; Schedule H folds the obligation into the individual return.19. A taxpayer with 2025 modified AGI of $260,000 (single) has $40,000 of net investment income from dividends and capital gains. How much is subject to the net investment income tax?
- A. $60,000, the full amount by which her MAGI exceeds the $200,000 single-filer net investment income tax threshold for 2025
- B. $40,000 — her entire net investment income, since it is smaller than her $60,000 MAGI excess over the $200,000 threshold
- C. Nothing, since the net investment income tax applies only to married couples filing a joint return, never to single filers
- D. $20,000, using a flat 50% reduction applied to all net investment income once MAGI crosses the single-filer threshold
Show answer & explanation
Answer: B
The 3.8% net investment income tax applies to the LESSER of net investment income or the excess of MAGI over the threshold ($200,000 single, $250,000 MFJ, $125,000 MFS) — here the $60,000 excess is larger than the $40,000 of investment income, so the full $40,000 is the taxed amount, not the larger MAGI excess. The tax applies to single filers as well as joint filers, and there is no flat 50% reduction built into the computation.20. A taxpayer earning $215,000 in Medicare wages from a single employer for 2025 notices no additional Medicare tax was withheld. Is the employer required to withhold it?
- A. No, since additional Medicare tax withholding is voluntary and elected by the employee on Form W-4 each year
- B. No, because the additional Medicare tax only ever applies when a taxpayer files as married filing jointly with a spouse
- C. Yes — an employer must withhold an additional 0.9% Medicare tax once one employee's wages exceed $200,000, regardless of filing status
- D. Yes, but only once the employee's combined household wages from every job held during the year exceed $250,000 in total
Show answer & explanation
Answer: C
Employers must withhold the additional 0.9% Medicare tax once a single employer pays an individual employee more than $200,000 in a year, regardless of that employee's actual filing status or other household income, which the employer usually cannot see. The withholding obligation is mandatory, not elective, is not limited to joint filers, and is triggered at the per-employer $200,000 wage level rather than waiting for a combined household total across multiple jobs.21. A member of the clergy receives a $30,000 salary plus a $12,000 parsonage allowance that his church designated in advance, spent entirely on housing costs within the allowance limit. How does income tax treatment of the allowance differ from its treatment under SECA self-employment tax rules?
- A. Excluded from both income tax and self-employment tax, since a properly designated clergy housing allowance is entirely tax-free in every respect
- B. Included in income tax as ordinary salary, but excluded from self-employment tax entirely because it is treated as a housing benefit rather than wages
- C. Included in both income tax and self-employment tax in full, since the church's advance designation has no legal effect on taxability
- D. Excluded from income tax to the extent used for housing and not more than fair rental value, but still included in net earnings from self-employment for SE tax purposes
Show answer & explanation
Answer: D
A properly designated parsonage allowance is excluded from federal income tax up to the lesser of the amount used for housing or the home's fair rental value, but the clergy member's unique dual status still counts that allowance in net earnings from self-employment for SE tax purposes. It is not exempt from both taxes, income-tax treatment is the opposite of what the second distractor describes, and the church's designation is precisely what makes the income-tax exclusion available in the first place.22. A taxpayer serving in a combat zone receives $9,000 of otherwise-taxable military pay during 2025 that qualifies for the combat pay exclusion. How does excluding this pay from gross income affect his earned income for purposes of claiming the Earned Income Tax Credit?
- A. He may elect to include the nontaxable combat pay in earned income for EITC purposes if doing so increases his credit
- B. Combat pay can never be counted toward earned income for any federal credit, since it is entirely outside the tax system once excluded
- C. Including combat pay in earned income for EITC purposes is mandatory whenever any amount of it is received during the tax year
- D. The exclusion of combat pay automatically disqualifies the service member from claiming the Earned Income Tax Credit altogether that year
Show answer & explanation
Answer: A
Nontaxable combat pay remains excluded from gross income, but the code allows a taxpayer to elect to include it as earned income specifically for computing the Earned Income Tax Credit when that produces a larger credit, an election that is optional rather than mandatory. Excluding the pay from taxable income does not disqualify the service member from the EITC, and combat pay is not entirely walled off from every tax computation — it is deliberately given this narrow, elective EITC use.23. A decedent had earned but uncollected wages and unpaid interest income at the time of death. How is this income in respect of a decedent (IRD) treated for federal tax purposes?
- A. It disappears from the federal tax system entirely and permanently once the taxpayer who originally earned it has died
- B. It is taxed to the recipient in the year received, retaining the decedent's character, with no basis step-up at death
- C. It is taxed only on the decedent's own final Form 1040, regardless of when or by whom the income is actually collected
- D. It automatically receives a fair-market-value basis step-up at death, exactly like the decedent's other capital assets
Show answer & explanation
Answer: B
Income in respect of a decedent retains the character it would have had to the decedent and is taxed to the estate or beneficiary who actually receives it, in the year of receipt, precisely because it was never reported on the decedent's final return — and unlike most other property, IRD does NOT get a basis step-up at death. It does not vanish from the tax system, and it is not confined to the decedent's own final return since, by definition, it was uncollected as of death.24. A first-time homebuyer who claimed the 2008 first-time homebuyer credit (the repayable version) sold the home in 2025, still owing $4,000 of the credit. What happens to the remaining repayment obligation?
- A. The remaining balance is forgiven the moment the home is sold, no matter whether the sale itself produced any gain
- B. The taxpayer continues repaying $500 per year exactly as originally scheduled, entirely unaffected by the sale of the home
- C. The remaining balance generally becomes due as additional tax on the return for the year of sale, since selling accelerates repayment
- D. The remaining balance converts into a nondeductible reduction added to the purchase price basis of the taxpayer's next home
Show answer & explanation
Answer: C
The 2008-vintage first-time homebuyer credit required repayment over 15 years, but selling or otherwise ceasing to use the home as a main home generally accelerates the remaining unpaid balance, which is reported as additional tax on the return for the year of the sale (subject to a gain-based limitation). The obligation is not simply forgiven by the sale, the regular installment schedule does not continue unaffected once the home is disposed of, and the repayment is reported as tax on the seller's return rather than folded into a new home's basis.
Part 1: Income and Assets
10 questions25. A 45-year-old withdraws from his traditional IRA to buy a boat. Beyond income tax, what applies?
- A. The 10% additional tax on early distributions — no exception covers this
- B. Nothing beyond ordinary income tax, since only Roth IRA withdrawals carry the 10% early-distribution penalty
- C. A 50% excise tax, the penalty that applies to a missed required minimum distribution
- D. State income tax alone, since federal law does not penalize IRA withdrawals used to buy a boat
Show answer & explanation
Answer: A
Distributions before age 59½ take the 10% additional tax unless an exception applies — disability, a capped first-home purchase, higher education, certain medical costs, among others — and a boat is not on that list. Traditional IRAs face the same 10% penalty as Roths on the taxable portion of an early withdrawal, and the 50% figure belongs to the old missed-RMD penalty, since reduced.26. A December 30 paycheck sat unclaimed in the employer's office until January 3. When is it taxable to a cash-basis employee?
- A. In the later year, once the employee physically picks up the check from the employer's office
- B. In whichever year is more favorable to the employee, since constructive receipt permits an annual election
- C. Not taxable in either year, because a check left unclaimed by year-end is treated as forfeited income
- D. In the earlier year — constructive receipt occurred when the check was available without restriction
Show answer & explanation
Answer: D
Constructive receipt taxes income when it is credited or made available without substantial limitation — declining to pick up an available check does not defer it to the year it is finally collected. The doctrine exists precisely to defeat the kind of year-end timing election the second distractor imagines, and an available check is not forfeited income simply because the employee waited.27. Which of the following must be INCLUDED in gross income?
- A. Unemployment compensation
- B. Municipal bond interest
- C. A gift of cash from a parent
- D. Life insurance proceeds paid by reason of death
Show answer & explanation
Answer: A
Unemployment compensation is fully taxable. Municipal bond interest is excluded by statute, a cash gift is excluded to the recipient (the donor may face gift tax on a large enough gift), and death-benefit life insurance proceeds are excluded from the beneficiary's income under Section 101.28. Stock bought on March 10 of one year is sold on March 10 of the next. Is the gain long-term or short-term?
- A. Short-term or long-term at the taxpayer's election, since the code allows either treatment on anniversary-date sales
- B. Long-term, because holding through the one-year anniversary date satisfies the more-than-one-year requirement
- C. Short-term — the holding period must EXCEED one year, and it is exactly one year
- D. Long-term only if the sale occurs after the market opens on the anniversary date, per the trade-date convention
Show answer & explanation
Answer: C
Long-term treatment requires holding MORE than one year; a sale on the purchase-date anniversary is exactly one year and stays short-term regardless of when during that day the trade executes. Selling one day later would flip it to long-term, and there is no elective treatment for anniversary-date sales — the holding period is a bright-line rule, not a choice.29. A father gifts his daughter stock with a $30,000 basis worth $50,000. She later sells it for $60,000. What is her gain?
- A. $20,000, measured as the increase in value between the gift date and the sale
- B. $60,000, because gifted property carries no basis from the donor at all
- C. Nothing taxable, since appreciated gifts pass to the recipient tax-free upon later sale
- D. $30,000 — she takes his carryover basis of $30,000
Show answer & explanation
Answer: D
Gifts of appreciated property carry the donor's carryover basis, so her gain runs from $30,000, not from the $50,000 value on the gift date. Gifted property is not basis-free and its later sale is not tax-free; the fair-market-value-at-gift rule matters only under the dual-basis rule when property was worth LESS than basis at the time of the gift, which is not the case here.30. A taxpayer sells stock at a loss and buys the identical stock back 20 days later. What happens to the loss?
- A. Disallowed as a wash sale — the repurchase was within 30 days — and added to the new shares' basis
- B. Fully deductible this year, because the wash-sale rule applies only to repurchases within the same calendar month
- C. Deductible at half its value, with the remainder carried forward under the wash-sale rule
- D. Disallowed with no basis adjustment, since a repurchase inside the wash-sale window forfeits the loss for good
Show answer & explanation
Answer: A
Buying substantially identical securities within 30 days before or after a loss sale triggers the wash-sale rule: the loss is disallowed now but preserved by increasing the replacement shares' basis. The 30-day window is measured in days, not calendar months, the loss is not split in half, and it is deferred into the new basis rather than lost permanently.31. In a year with $9,000 of capital losses and no gains, how much can an individual deduct against ordinary income, and what happens to the rest?
- A. Nothing, because capital losses can offset capital gains but not ordinary income
- B. $3,000 deducted; $6,000 carries forward indefinitely
- C. $3,000 deducted, with the remaining $6,000 expiring unused after five years
- D. All $9,000 immediately, since capital losses face no annual limit against ordinary income
Show answer & explanation
Answer: B
Net capital losses offset up to $3,000 of ordinary income per year ($1,500 MFS), with unlimited-life carryforward for the excess. There is no annual cap that lets all $9,000 through at once, losses do offset ordinary income up to that $3,000 ceiling, and the five-year expiration belongs to other regimes — individual capital loss carryovers do not expire.32. What does a Health Savings Account require of its owner, and what is its signature tax feature?
- A. Coverage under a high-deductible health plan; contributions, growth, and qualified medical withdrawals are all untaxed
- B. Coverage under an employer-sponsored PPO plan with a modest deductible, with withdrawals always taxed as ordinary income
- C. Enrollment in Medicare Part A, with contributions to the account funded solely by the employer each January
- D. No insurance requirement at all, functioning exactly like a conventional bank savings account paying taxable interest
Show answer & explanation
Answer: A
HSA eligibility requires HDHP coverage, not an ordinary PPO plan, and Medicare enrollment actually ENDS HSA eligibility rather than creating it. The triple tax benefit — deductible in, tax-free growth, tax-free qualified withdrawals — is unique in the code, which is why an HSA cannot be treated as an ordinary taxable savings account.33. A taxpayer received a $1,000 state income tax refund. When is any of it federally taxable?
- A. Always fully taxable in the year received, no matter which deduction method the taxpayer used the prior year
- B. Never taxable, since state refunds are a return of the taxpayer's own money
- C. Only if the refund exceeds $5,000, no matter which deduction method was used
- D. Only if the state tax was deducted as an itemized deduction in the prior year and produced a tax benefit
Show answer & explanation
Answer: D
The tax benefit rule governs: a refund is income only to the extent the earlier deduction reduced tax. Standard-deduction filers got no benefit from state taxes, so their refunds are untaxed regardless of size — there is no $5,000 threshold and no rule that makes every refund automatically taxable; the analysis, not the amount, decides.34. Social Security benefits are received by a high-income retiree. What is the MAXIMUM portion that can be federally taxable?
- A. 100% of the benefits
- B. 0% — Social Security benefits are excluded from federal tax outright
- C. 50%, a flat rate that applies no matter the retiree's other income
- D. 85% of the benefits
Show answer & explanation
Answer: D
Depending on provisional income, zero, up to 50%, or up to 85% of Social Security benefits enter gross income — 85% is the statutory ceiling, never 100%. The 50% figure is a midpoint, not a flat universal rate, and no income level excludes benefits from tax outright once provisional income crosses the lower base amount.
Part 1: Preliminary Work with Taxpayer Data
8 questions35. To claim a child as a qualifying child, which set of tests must be met?
- A. A biological relationship confirmed by a birth certificate or DNA test, with no other requirement
- B. Relationship, age, residency, support, and joint-return tests
- C. The child's gross income limit and the parent's citizenship status
- D. Satisfying two of five listed factors, the taxpayer's choice of which two
Show answer & explanation
Answer: B
A qualifying child must satisfy relationship, age (under 19, or 24 if a full-time student, or any age if disabled), residency (more than half the year), support (the child didn't provide over half their own), and not file a joint return except for refund. All five must hold — they are conjunctive tests, not a menu; the gross-income limit belongs to the qualifying-RELATIVE test instead.36. A taxpayer's spouse died in 2024. She has a dependent child at home and has not remarried. What filing status may she use for the two tax years after the year of death?
- A. Single filing status only, because qualifying surviving spouse treatment ended when the joint return for the year of death was filed
- B. Married filing jointly, on the theory that the household is treated as unchanged for two years after a spouse's death
- C. Qualifying surviving spouse, using married-filing-jointly rates
- D. Head of household status, which is the correct classification once a dependent child lives in the home
Show answer & explanation
Answer: C
With a dependent child and no remarriage, the surviving spouse uses qualifying-surviving-spouse status — joint rates — for the two years following the year of death (a joint return is also filed for the death year itself). Single status describes an unmarried filer with no dependent, married filing jointly requires an actual living spouse, and head of household is the status that follows only after the two-year window closes.37. A dependent child has substantial unearned investment income. What does the 'kiddie tax' do to it?
- A. Exempts a dependent child's investment income from tax entirely up to the standard deduction amount
- B. Taxes all of a child's investment income at a flat 37% rate regardless of the parents' bracket
- C. Taxes unearned income above the threshold at the PARENTS' marginal rate
- D. Applies only to a child's wages from a part-time job, not to interest or dividends
Show answer & explanation
Answer: C
The kiddie tax defeats income-shifting: a child's unearned income beyond the small threshold is taxed at the parents' marginal rate, not a flat top rate and not simply exempted. Earned wages from an actual job stay at the child's own rate, which is the reverse of the fourth distractor — the rule targets unearned investment income specifically, not earned wages.38. A new client hands you last year's return showing a $4,000 capital loss carryover and last year's Form 8606 tracking $6,000 of nondeductible IRA basis. During preliminary intake, why do these prior-year figures matter for the current return?
- A. They carry forward into this year's return — the capital loss offsets future gains or ordinary income, and the IRA basis reduces the taxable portion of future distributions
- B. They matter only for audit defense and have no effect on any amount reported on the current-year return itself
- C. They expire automatically at the start of each new tax year, requiring the preparer to recompute both the carryover and the IRA basis figure entirely from zero each season each season
- D. They matter only if the client's income changed by more than 10% from the prior year to this one
Show answer & explanation
Answer: A
Preliminary work includes reviewing the prior-year return for items that carry forward: an unused capital loss keeps offsetting gains and up to $3,000 of ordinary income each year until used up, and nondeductible IRA basis tracked on Form 8606 must be applied against every future traditional IRA distribution so the same dollars are not taxed twice. Neither figure resets at year-end or depends on how much income changed, and both flow directly into current-year calculations rather than existing solely for audit purposes.39. A client moved from Texas to California mid-year and holds an H-1B visa. During preliminary work, which two determinations must the preparer make before selecting the correct return and reporting worldwide income?
- A. Only the client's employer's federal ID number and the mailing address on her most recent pay stub
- B. The client's residency status for tax purposes (resident or nonresident alien under the substantial presence test) and her state-by-state residency period for allocating income
- C. Only whether she prefers a paper filing or an electronic one for this year's return
- D. Only the number of dependents she plans to claim on this year's return, since visa and residency status have no bearing on federal filing requirements in this scenario
Show answer & explanation
Answer: B
Preliminary work for a visa holder starts with the residency determination — the substantial presence test decides whether she files as a resident alien on worldwide income or as a nonresident on Form 1040-NR — and, separately, a mid-year interstate move requires splitting income between states for part-year returns. An employer's EIN, the client's filing-method preference, and her dependent count are all secondary details that do not by themselves establish residency or state allocation, and visa status is directly relevant to which federal form applies.40. A taxpayer's return shows Schedule C business income, a rental property, and a K-1 from an S corporation. Under the ACA reporting rules relevant to preliminary intake, why does the preparer need the taxpayer's total household income and family size before finishing the return?
- A. To decide whether the taxpayer must attach a copy of her driver's license to the paper return
- B. To calculate the standard mileage rate she may claim for the rental property's upkeep visits
- C. To determine eligibility for and reconciliation of the premium tax credit on Form 8962, which is based on household income as a percentage of the federal poverty line
- D. To determine whether she owes the additional Medicare tax on her wages, a computation based on her wages and filing status rather than household size
Show answer & explanation
Answer: C
Household income and family size drive the premium tax credit computation and reconciliation on Form 8962 for anyone who purchased Marketplace coverage, which is why preliminary intake gathers this information before the return is finished. A driver's license copy is not a federal filing requirement, mileage rates apply to vehicle use rather than a rental's household composition, and the additional Medicare tax threshold depends on wages and filing status, not family size.41. A married client's spouse died in November of the prior tax year, and the client has not remarried. During preliminary intake, which piece of information is essential to determine the CURRENT year's correct filing status?
- A. The exact date in November on which the spouse died, since filing status changes at each specific day of the month
- B. Whether the client itemized deductions on last year's joint return with the deceased spouse
- C. The size of the estate the deceased spouse left behind, since a larger estate changes the surviving spouse's own personal filing status for the year
- D. Whether the client has a dependent child living with her, since that determines eligibility for qualifying surviving spouse status this year and next
Show answer & explanation
Answer: D
For the two tax years after the year of death, a surviving spouse with a dependent child who has not remarried qualifies for qualifying-surviving-spouse status and joint rates, so confirming a dependent child in the home is the pivotal preliminary fact. The specific day of death within November does not change the analysis once the year of death is known, last year's itemizing choice does not carry forward to change this year's status, and the size of the deceased spouse's estate affects estate tax exposure, not the survivor's own filing status.42. A client tells the preparer she received a letter from the IRS two years ago proposing additional tax for an underreported 1099-DIV, which she never responded to. During preliminary work this year, what should the preparer do with that information?
- A. Review the prior IRS correspondence and any resulting account changes, since it can affect current-year balances or an open audit the new return should reflect
- B. Disregard it completely, since any IRS letter more than one year old has no bearing on the current return
- C. Advise the client that the notice automatically voids the two most recently filed returns and both must be redone
- D. File only an amended return for the year the letter addressed, treating this year's preliminary work as entirely unrelated to that old correspondence
Show answer & explanation
Answer: A
Preliminary work includes reviewing previous IRS correspondence with the taxpayer, because an unresolved proposed-adjustment notice can mean assessed tax, accruing penalties and interest, or an open examination that affects the client's current account and should inform this year's return. A notice does not expire simply because a year has passed, it does not automatically void unrelated returns, and while an amended return may eventually be needed for the notice year, the current year's preliminary work should still account for the open issue rather than treat it as unrelated.
Part 1: Deductions and Credits
10 questions43. How do the American Opportunity Credit and the Lifetime Learning Credit differ structurally?
- A. AOTC has no year limit and is fully refundable, while LLC is capped at four years of undergraduate study and requires full-time enrollment throughout
- B. AOTC is capped at four years, partly refundable, and requires at least half-time enrollment, while LLC has no year limit and is nonrefundable
- C. Both credits apply for any number of years at any level of education, differing in the percentage that is refundable
- D. AOTC applies only to graduate and professional degree programs, while LLC is reserved for the first four years of an undergraduate degree
Show answer & explanation
Answer: B
The AOTC is the undergraduate-years credit — four years, degree-seeking at least half-time, 40% refundable; the LLC is the everything-else credit — any level, any number of years, courses to acquire job skills, but entirely nonrefundable. The two provisions have their year limits and refundability reversed in three of these choices, and neither credit is restricted to graduate study. Both can never be claimed for the same student in the same year.44. A taxpayer donates $400 cash to a charity. What documentation does the deduction require?
- A. No documentation at all, since cash gifts under $1,000 are exempt from substantiation rules
- B. A contemporaneous written acknowledgment from the charity, since the gift is $250 or more
- C. Only a canceled check or bank record, regardless of the dollar amount given
- D. A qualified written appraisal, the standard required for any noncash donation
Show answer & explanation
Answer: B
Cash gifts of $250 or more need a contemporaneous written acknowledgment stating the amount and whether goods or services were received; a $1,000 exemption from substantiation does not exist. Bank records alone get by only for cash gifts under that $250 line, and appraisals belong to large property donations, not cash.45. A W-2 employee works from a home office her employer requires. May she deduct home-office expenses on her federal return?
- A. Yes, on Schedule A, under the same exclusive-and-regular-use principal-place-of-business test a self-employed taxpayer applies
- B. Yes, but only for the portion of her internet, phone, and utility bills attributable to work use
- C. No — the employee home-office deduction is suspended; the deduction belongs to self-employed taxpayers
- D. Yes, once her weekly hours logged working from home under her employer's policy exceed fifty
Show answer & explanation
Answer: C
Unreimbursed employee expenses — the old home-office route for W-2 workers — are suspended miscellaneous itemized deductions, with no Schedule A revival, partial internet-only version, or hours-worked exception. Self-employed taxpayers still deduct a qualifying home office (exclusive and regular use) on Schedule C.46. A taxpayer paid $18,000 in qualified medical expenses during 2025 and has AGI of $100,000. How much of the medical expenses may she include as an itemized deduction?
- A. $18,000, since every dollar of substantiated medical spending is deductible once she itemizes
- B. $10,500 — the amount by which her expenses exceed 7.5% of her $100,000 AGI
- C. $9,000, using a flat 50% haircut applied to all unreimbursed medical costs
- D. Nothing, because medical expenses became entirely nondeductible for individuals after 2017
Show answer & explanation
Answer: B
Medical expenses are deductible only to the extent they exceed 7.5% of AGI; 7.5% of $100,000 is $7,500, leaving $10,500 deductible once she itemizes. The full amount is never deductible regardless of AGI, there is no flat 50% reduction rule for medical costs, and the medical deduction was not eliminated by the 2017 changes — only the AGI floor and the suspension of miscellaneous itemized deductions changed.47. A married couple filing jointly has $31,500 of allowable itemized deductions for 2025. Should they itemize or take the standard deduction?
- A. They should always itemize, since itemizing carries additional tax benefits beyond the dollar amount deducted
- B. They must take the standard deduction, because itemized deductions below $40,000 are disregarded for joint filers
- C. It makes no difference to the deduction amount — $31,500 in itemized deductions equals the 2025 married-filing-jointly standard deduction of $31,500
- D. They should take the standard deduction only, since it rose to $45,000 for joint filers under the sweeping 2025 tax law changes that took effect this year
Show answer & explanation
Answer: C
For 2025 the standard deduction for married filing jointly is $31,500, so $31,500 of itemized deductions produces the identical deduction amount — the couple would typically itemize anyway only if it unlocks a state filing benefit or their itemized total might grow, since itemizing carries no automatic bonus beyond the dollar figure claimed. There is no $40,000 disregard threshold for itemizing, and the 2025 joint standard deduction is $31,500, not $45,000.48. A taxpayer donates a used car with a $6,000 fair market value to a qualified charity, which sells the car at auction for $4,200 without using it or materially improving it. How much may the taxpayer deduct?
- A. $6,000, the full fair market value the taxpayer believed the car was worth at the time of the gift
- B. $3,000, a flat cap that applies to every noncash charitable contribution regardless of the asset
- C. Nothing, because vehicle donations to charity stopped qualifying for a federal income tax deduction after tax year 2005 under the old rules
- D. $4,200 — the deduction for a donated vehicle sold by the charity without significant use is limited to the gross proceeds from that sale
Show answer & explanation
Answer: D
When a charity sells a donated vehicle without significant intervening use or material improvement, the donor's deduction is limited to the gross proceeds of that sale — here $4,200 — and the charity must furnish Form 1098-C substantiating the amount. The full pre-sale fair market value is not automatically deductible, there is no flat $3,000 cap on noncash gifts generally, and vehicle donations remain deductible under these special substantiation rules rather than being barred entirely.49. A taxpayer's home was damaged by a tornado that the President declared a federal disaster. Her homeowner's insurance reimbursed part of the loss. May she deduct the unreimbursed portion as a casualty loss?
- A. Yes — nonbusiness casualty losses remain deductible when they occur in a presidentially declared disaster area, subject to the per-event and AGI floors
- B. No, since the 2017 law changes eliminated the personal casualty loss deduction in every circumstance nationwide, with no disaster-area exception written into the statute
- C. Yes, but only if she declines every dollar of insurance reimbursement and pays for the repairs entirely herself
- D. Yes, and the full unreimbursed loss is deductible with no floor or reduction of any kind
Show answer & explanation
Answer: A
Personal casualty and theft losses are generally suspended for 2018 through 2025, but Congress carved out an exception for losses attributable to a federally declared disaster, which remain deductible after subtracting a $100-per-event floor and 10% of AGI. The deduction is not barred outright, accepting an insurance reimbursement does not forfeit the exception (the reimbursement simply reduces the deductible loss), and the per-event and AGI floors still apply rather than allowing the full amount.50. A single taxpayer with 2025 modified AGI of $205,000 wants to deduct student loan interest she paid. What happens to her deduction?
- A. She may deduct the full amount paid, since the student loan interest deduction has no income limitation for a single filer at her income level
- B. It phases out entirely, since her MAGI exceeds the upper limit of the single-filer phase-out range for the student loan interest deduction
- C. She may deduct half of the interest paid, since MAGI above $200,000 triggers an automatic 50% reduction
- D. She may deduct it only if she also itemizes her deductions instead of taking the standard deduction
Show answer & explanation
Answer: B
The student loan interest deduction phases out over a MAGI range for single filers, and a taxpayer whose MAGI sits above the top of that range loses the deduction entirely for the year; it is a full income-based phase-out, not a flat 50% haircut. Student loan interest is an above-the-line adjustment to income available whether or not the taxpayer itemizes, which is what distinguishes it from itemized deductions like mortgage interest.51. A taxpayer contributes $8,000 to her traditional IRA for 2025 despite the annual limit being lower than that. What is the tax consequence of the excess contribution if it is not corrected before the filing deadline?
- A. Nothing — the IRS automatically adjusts the account downward to the legal contribution limit each year with no penalty or notice sent to the taxpayer at all each time
- B. The entire $8,000 becomes immediately taxable as ordinary income in the year contributed
- C. A 6% excise tax applies each year to the excess amount that remains in the account, until it is withdrawn or absorbed by a later year's unused contribution room
- D. The excess is treated as an early distribution subject only to the 10% penalty, with no other consequence
Show answer & explanation
Answer: C
An excess IRA contribution that is not withdrawn (with earnings) by the return's due date triggers a 6% excise tax on the excess for each year it remains in the account, reported on Form 5329, rather than being corrected automatically by the IRS or taxed outright as ordinary income. It is also not simply recharacterized as an early distribution subject to the 10% penalty — the excise tax is the specific consequence the code attaches to over-contributing.52. A taxpayer's household includes a 20-year-old daughter who is a full-time college student, provides less than half of her own support, and does not qualify as a dependent for the Child Tax Credit because of her age. What credit may the taxpayer still claim for her?
- A. The full $2,200 Child Tax Credit, since full-time student status extends the CTC age limit through age 23
- B. No credit of any kind, since aging out of the Child Tax Credit removes the dependent from the return entirely
- C. The Earned Income Tax Credit computed as though the daughter were the taxpayer's own qualifying child solely for EITC eligibility purposes
- D. The $500 nonrefundable credit for other dependents, since the daughter still meets the qualifying-child tests apart from the under-17 age requirement
Show answer & explanation
Answer: D
A dependent who satisfies the qualifying-child tests other than the under-17 age limit for the Child Tax Credit — such as a full-time student under 24 supported by the taxpayer — generates the $500 nonrefundable credit for other dependents instead. Aging out of the CTC does not remove her as a dependent altogether, full-time student status does not extend the CTC's own age ceiling, and the EITC is computed from the taxpayer's own earned income and filing status, not recharacterized around a dependent who cannot be claimed for the CTC.
Part 2: Business Entities and Considerations
17 questions53. An S corporation's sole shareholder-employee takes no salary but large distributions, avoiding payroll tax. What is the IRS's position?
- A. S corporations may not pay cash distributions to shareholder-employees at any time during the tax year
- B. The structure is fully permissible under current law, since S corporation owners may set their own compensation freely
- C. Reasonable compensation must be paid as wages before distributions — the IRS can recharacterize distributions as salary
- D. Salary is optional for any owner who works fewer than 20 hours per week
Show answer & explanation
Answer: C
Shareholder-employees must take reasonable compensation for services rendered, subject to payroll taxes; zero-salary-all-distribution structures invite recharacterization, back payroll taxes and penalties. Distributions themselves remain permitted once reasonable wages are paid, and there is no hours-worked exemption from the wage requirement — it is the most-litigated S corporation issue.54. Founders transfer appreciated property to a new corporation solely for its stock and end up controlling 85% of it. Is gain recognized?
- A. Yes, unless the newly formed corporation is organized outside the United States
- B. Yes, gain is recognized on every incorporation transaction regardless of the ownership percentage the founders retain afterward
- C. No — Section 351 defers gain when transferors of property receive stock and control 80% or more immediately after
- D. No, and their stock basis is stepped up to the property's fair market value
Show answer & explanation
Answer: C
Section 351 makes incorporation tax-neutral: property for stock with 80% control immediately after means no recognized gain, with carryover basis preserving it for later — never a step-up to fair market value. Gain recognition on every incorporation and a foreign-incorporation exception both misstate the control test, which turns on the 80% threshold, not on where the corporation is organized.55. An activity has produced losses for six straight years, run casually with no records. The IRS reclassifies it. What is the consequence?
- A. As a hobby, its income is taxable but its expenses are not deductible against other income
- B. Only half of each year's losses are allowed, with the balance carried forward
- C. All six years of losses remain fully deductible against the taxpayer's other wage and investment income as filed
- D. The activity becomes exempt from tax entirely once the IRS reclassifies it
Show answer & explanation
Answer: A
Hobby classification is asymmetric: income counts, but the losses stop offsetting other income — the prior losses as filed do not simply stand, and there is no half-allowed compromise or carryforward for hobby losses. Profit motive is judged on the facts — businesslike operation, expertise, time invested, profit history — and casual, recordless operation loses that argument; reclassification never makes an activity tax-exempt.56. A new C corporation asks how its profits reach shareholders. What is the tax path?
- A. Profits pass through to shareholders untaxed, the same as an S corporation
- B. Only the shareholders are taxed, since the corporation itself pays no income tax
- C. The corporation pays tax on earnings, and shareholders pay again on dividends — two levels
- D. Only the corporation is taxed on its earnings; distributed dividends reach shareholders free of any further tax
Show answer & explanation
Answer: C
C corporations are taxpaying entities; distributed earnings are then taxed again to shareholders as dividends — the double taxation that pass-through structures like S corporations exist to avoid. A C corporation is not a pass-through and dividends do not reach shareholders untaxed once the corporate-level tax has already been paid.57. Which requirement must a corporation meet to elect S status?
- A. Two or more classes of stock, deliberately structured to give founders disproportionate voting power over other investors
- B. At least 500 shareholders, each of whom must be a United States citizen personally holding voting common shares directly
- C. Incorporation in a foreign jurisdiction, with a domestic branch registered for federal tax reporting purposes
- D. No more than 100 eligible shareholders, one class of stock, and a domestic corporation
Show answer & explanation
Answer: D
S eligibility is a checklist: domestic corporation, no more than 100 shareholders who must all be eligible (family members can count as one), and a single class of stock, not multiple voting classes. The election rides Form 2553 with all shareholders consenting; a foreign-incorporated entity cannot qualify at all.58. A partner receives a guaranteed payment for services to the partnership. How is it taxed to her?
- A. As ordinary income subject to self-employment tax, regardless of partnership profits
- B. As a tax-free return of the partner's own capital contribution
- C. As a long-term capital gain reported on Schedule D of the partner's individual return
- D. As W-2 wages, with the partnership withholding payroll taxes
Show answer & explanation
Answer: A
Guaranteed payments — compensation determined without regard to partnership income — are ordinary income to the partner and subject to SE tax; the partnership deducts them. They are not a return of capital, not a capital gain, and partners are not employees of their own partnership, so no W-2 withholding applies.59. A partner's basis in her partnership interest matters most for which reason?
- A. It sets her voting power within the partnership, proportional to her ownership share
- B. Losses pass through only up to her basis; distributions beyond basis trigger gain
- C. It fixes which management duties she performs under the partnership agreement
- D. It has no bearing on her tax reporting, only on her share of profits
Show answer & explanation
Answer: B
Basis is the tax bank account: it caps deductible pass-through losses (excess is suspended until basis returns) and measures when distributions become taxable gain. Voting power and management duties are governed by the partnership agreement, not basis, and basis is central to her tax reporting rather than irrelevant to it. Contributions, income and liabilities raise it; losses and distributions lower it.60. Two people form an LLC and file no tax elections. How is it classified for federal tax by default?
- A. As a partnership — multi-member LLCs default to partnership; single-member LLCs are disregarded
- B. As a C corporation by default, unless the members affirmatively file a partnership election with the IRS
- C. As an S corporation automatically, since two owners meet the shareholder limit
- D. As a tax-exempt organization until the members apply for taxable status
Show answer & explanation
Answer: A
Check-the-box defaults run the opposite direction from the corporate distractors: one member is a disregarded entity, two or more default to partnership. Corporate treatment — C or S — requires an affirmative election on top of the default, not the reverse, and nothing about the LLC form itself creates a tax-exempt organization.61. Three individuals form a partnership. One contributes $50,000 cash, one contributes equipment worth $50,000 with a $20,000 adjusted basis, and one contributes only services in exchange for a 20% capital interest immediately transferable. How is the services partner treated for tax purposes?
- A. She recognizes no income at all, since contributing services to a partnership is treated as a tax-free exchange under the statute
- B. She generally recognizes ordinary income equal to the fair market value of the capital interest received for services
- C. She recognizes income only when the partnership eventually liquidates and distributes cash to her personally
- D. She recognizes a long-term capital gain equal to the value of the capital interest she received for her services
Show answer & explanation
Answer: B
Receiving a capital interest (as opposed to a mere profits interest) in exchange for services is generally taxable to the service partner as ordinary compensation income equal to the interest's fair market value, unlike a contribution of property under Section 721 or certain restricted profits interests that can defer or avoid current income. It is not automatically tax-free, the income is ordinary compensation rather than capital gain, and recognition happens at receipt rather than being deferred until liquidation.62. A two-member LLC taxed as a partnership dissolves when one member buys out the other's entire interest, leaving a single remaining owner. What happens to the entity's federal tax classification?
- A. Nothing changes; the LLC continues filing Form 1065 as a partnership indefinitely no matter how many members remain
- B. The LLC automatically becomes a C corporation the instant its membership count drops down to just one person
- C. The buyout is disregarded for federal tax purposes entirely, since only the LLC's state registration status matters
- D. The partnership terminates, and the now-single-member LLC becomes disregarded unless a corporate election is made
Show answer & explanation
Answer: D
A partnership terminates when it no longer has at least two partners, so a buyout that leaves a single owner ends the partnership tax classification, and under check-the-box rules a single-member LLC is by default a disregarded entity (reported on the owner's own return) rather than continuing to file Form 1065. It does not become a C corporation automatically — that still requires an affirmative election — and the change in ownership very much matters for federal tax classification even though state LLC registration may not need to change.63. A controlled group of two corporations under common ownership wants to know why the IRS cares about their controlled-group status when computing certain tax benefits. What is the main consequence of controlled-group treatment?
- A. Certain benefits, like the Section 179 dollar limit, must generally be shared among all members rather than claimed in full by each corporation
- B. Controlled-group status has no federal tax effect and exists purely for securities-law disclosure purposes only
- C. Controlled-group treatment consolidates the corporations into filing one single combined income tax return each year automatically
- D. Controlled-group status matters solely for determining eligibility to elect S corporation status, never for C corporations
Show answer & explanation
Answer: A
Controlled-group rules exist so that related corporations cannot multiply per-entity tax benefits by splitting into several nominally separate companies — group members generally must share limits like the Section 179 expensing cap rather than each claiming a full separate amount. Controlled-group status is not purely a securities-disclosure concept, it does not by itself force a single combined income tax return the way an affiliated group's consolidated election does, and it is relevant well beyond S corporation eligibility questions.64. A C corporation with substantial accumulated earnings and no specific business need for the cash is accused by the IRS of avoiding shareholder-level tax by not paying dividends. What tax can the IRS assess against the corporation itself?
- A. The corporation faces no additional tax at all; shareholders alone can be penalized for a corporation's dividend policy
- B. The accumulated earnings tax, a penalty on earnings accumulated beyond the business's reasonable needs to avoid shareholder tax
- C. The alternative minimum tax, a separate provision that applies specifically to corporations that retain their earnings each year
- D. A retroactive revocation of the corporation's state-issued charter, the only remedy available for excess accumulations
Show answer & explanation
Answer: B
The accumulated earnings tax is a penalty imposed directly on a C corporation that accumulates earnings beyond the reasonable needs of its business in order to help shareholders avoid the tax on dividends, so the corporation itself — not only its shareholders — faces exposure. It is not the alternative minimum tax, which is a different provision, and the IRS's remedy is a monetary tax assessment rather than revoking a state-issued corporate charter.65. An S corporation shareholder's stock basis is $8,000 at the start of the year. Her pro rata share of the S corporation's ordinary loss for the year is $15,000, and she made no additional loans or contributions. How much of the loss may she currently deduct?
- A. The full $15,000, since S corporation losses always pass through in full no matter the shareholder's stock or debt basis
- B. Nothing at all, because insufficient basis causes the suspended loss to be forfeited rather than carried forward to a later year
- C. Only $8,000, her basis; the remaining $7,000 is suspended and carries forward until she has enough basis to absorb it
- D. $7,500, exactly half the loss, applying the same 50% haircut that governs ordinary business meal deductions
Show answer & explanation
Answer: C
A shareholder's deductible share of S corporation losses is limited to her basis in stock plus any direct loans she has made to the corporation; here that basis is $8,000, so $8,000 is currently deductible and the remaining $7,000 is suspended, carrying forward indefinitely until she restores basis through contributions, loans, or allocated income. The loss is not automatically forfeited for lack of basis, is not deductible in full regardless of basis, and there is no 50% haircut analogous to the meals rule that applies here.66. An S corporation inadvertently terminates its election when a nonresident alien inherits shares from a deceased shareholder, making an ineligible shareholder the owner. What relief, if any, may the corporation seek?
- A. None; once an ineligible shareholder acquires stock the S election is irrevocably lost with no possibility of relief
- B. The corporation must wait a full five years before it may elect S status again, with no earlier option available
- C. The termination reverses automatically with no request, correction, or IRS action required from the corporation
- D. It may request inadvertent-termination relief, which if granted treats the election as continuing once the problem is fixed
Show answer & explanation
Answer: D
The code allows the IRS to grant inadvertent-termination relief when an S election ends because of an event like an ineligible shareholder, provided the problem is corrected within a reasonable time and the corporation and shareholders agree to adjustments the IRS may require — relief is discretionary and requested, not automatic or barred outright. A lost S election is not automatically and irrevocably gone the instant an ineligible shareholder appears, and there is no requirement to simply wait five years when relief is available.67. A sole proprietor incorporates her business as a C corporation, transferring business assets with a $40,000 basis and a $15,000 attached loan in exchange for all the new corporation's stock. The corporation assumes the loan. Does the liability assumption trigger gain recognition under Section 351?
- A. Generally no, since an assumed liability is not treated as boot unless it exceeds the basis of the property transferred
- B. Yes, the full $15,000 of assumed liability is automatically taxable boot the instant the corporation takes over the debt
- C. Yes, but only because she is the corporation's sole shareholder rather than one among several co-founders
- D. Liability assumption in a Section 351 exchange has no bearing on the gain-recognition analysis under this scenario
Show answer & explanation
Answer: A
Under Section 357, a corporation's assumption of the transferor's liabilities in a Section 351 exchange is generally not treated as boot that triggers gain, unless the assumed liabilities exceed the transferor's aggregate basis in the transferred property or the assumption lacks a legitimate business purpose (indicating tax avoidance) — here the $15,000 liability is well under the $40,000 basis, so no gain results. It is not automatically taxable boot, sole ownership does not by itself change the analysis, and liability assumption is very much relevant to whether Section 357 gain arises.68. A tax-exempt 501(c)(3) organization operates an unrelated gift shop that generates $60,000 of net income from selling items with no substantial relationship to its exempt educational purpose. How is this income treated?
- A. Entirely tax-free, since income earned by a 501(c)(3) organization is exempt no matter its source or underlying activity
- B. Unrelated business taxable income taxed at corporate rates and reported on Form 990-T, without affecting exempt status
- C. It automatically and immediately revokes the organization's exempt status the moment any unrelated income is earned
- D. Taxed as ordinary passive investment income and therefore excluded entirely from unrelated business taxable income
Show answer & explanation
Answer: B
Income from a trade or business regularly carried on that is not substantially related to an organization's exempt purpose is unrelated business taxable income, generally taxed at corporate rates and reported on Form 990-T, without automatically stripping the organization of its exempt status. Not all income earned by an exempt organization is tax-free, a single unrelated activity does not by itself revoke exemption, and UBTI is a distinct category from passive investment income, which has its own separate exclusions.69. A newly formed corporation wants to adopt a fiscal year ending June 30 instead of the calendar year. What must it generally do to use that fiscal year?
- A. File Form 1128 and obtain advance IRS permission before it may use any accounting period besides the calendar year
- B. It may never use a fiscal year; only individuals and partnerships may choose a period other than the calendar year
- C. Adopt it simply by keeping books on that basis and filing its first return accordingly, generally without prior IRS approval
- D. Wait five full years after formation before it becomes eligible to change from an assumed calendar year to a fiscal one at all
Show answer & explanation
Answer: C
A new corporation generally adopts its accounting period simply by keeping books on that basis and filing its first return accordingly, without needing advance IRS approval — Form 1128 becomes relevant mainly for an EXISTING taxpayer changing an already-established accounting period, or for certain restricted entities like personal service corporations and S corporations facing extra limits. Corporations are not confined to the calendar year, and a new corporation does not have to wait five years to establish its first accounting period.
Part 1: Advising the Individual Taxpayer
7 questions70. A single taxpayer sells her main home, owned and occupied for 6 of the last 8 years, with a $200,000 gain. How much is taxable?
- A. All $200,000, because the Section 121 exclusion applies only to married couples filing jointly
- B. Nothing — the gain is within the $250,000 Section 121 exclusion
- C. Half of the gain, with the untaxed portion added back when she next sells a home
- D. It is deferred only if she buys a costlier home within two years of the sale
Show answer & explanation
Answer: B
Section 121 excludes up to $250,000 of main-home gain for a single filer ($500,000 for joint filers) when the two-of-five-year ownership and use tests are met — hers are, comfortably. Single filers get their own $250,000 exclusion rather than being shut out of the provision, nothing is added back on a future sale, and the buy-a-bigger-house rollover rule died decades ago but survives as a distractor.71. For divorces finalized after 2018, how is alimony treated for tax purposes?
- A. Deductible by both the payer and the recipient in equal shares each year
- B. Deductible by the payer and included in the recipient's gross income, the treatment used before 2019
- C. Included in income twice, once for the payer and again for the recipient
- D. Not deductible by the payer and not income to the recipient
Show answer & explanation
Answer: D
Post-2018 divorce instruments carry the new regime: no deduction, no inclusion. The deductible/includible treatment in the first distractor is the OLD rule, which survives only for pre-2019 agreements not modified to adopt the new one — a two-regime world the exam tests, and neither party ever reports alimony twice or splits a deduction.72. An early-career taxpayer wants retirement contributions that are taxed now but withdrawn tax-free later. Which account matches?
- A. A traditional deductible IRA, which also taxes contributions going in
- B. A Roth IRA — after-tax contributions, qualified distributions tax-free
- C. A 401(k) with pre-tax deferrals, taxed again when the funds are withdrawn
- D. A taxable brokerage account, where gains are taxed annually as realized
Show answer & explanation
Answer: B
Roth accounts flip the traditional deal: no deduction now, but qualified distributions — after five years and age 59½ — emerge tax-free, and Roth IRAs impose no lifetime RMDs on the owner. A traditional deductible IRA does the opposite (deduct now, tax later, not both), a 401(k)'s pre-tax deferrals are taxed once on withdrawal rather than twice, and a taxable brokerage account offers no such deferral at all.73. A couple in a community property state is considering filing separately to isolate one spouse from the other's unreported cryptocurrency income. What should the preparer advise about filing status in a community property state?
- A. Filing separately in a community property state fully shields each spouse from the other spouse's unreported income
- B. Community property rules apply only to real estate that is titled jointly, never to wages, earnings, or investment gains realized during the marriage
- C. Filing separately is not permitted in a community property state; a joint return is the required filing status there
- D. Community property rules generally require each spouse to report half of most community income, so filing separately does not automatically isolate either spouse
Show answer & explanation
Answer: D
In a community property state, income earned during the marriage is generally treated as owned equally by both spouses, so even on separate returns each spouse typically reports half of most community income — filing separately does not automatically wall off one spouse's unreported earnings the way it might in a common-law state. Community property treatment reaches earnings and investment income, not just real estate, and separate filing remains an available status in these states; it is simply less protective than the client may assume.74. A client is negotiating a divorce settlement and asks whether to take the family home or an equivalent amount of retirement account assets. What should the preparer point out about the after-tax value of each option?
- A. The home may carry a Section 121 exclusion on sale while a traditional retirement account is fully taxable on withdrawal, so nominal values are not equal after-tax
- B. Both options are exactly equal in after-tax value, since dollar-for-dollar property division in a divorce ignores the tax character of each asset
- C. Retirement account assets transferred incident to divorce are subject to the 10% early-withdrawal penalty even under a qualifying domestic relations order
- D. The home carries no potential future tax exposure of any kind, unlike a retirement account distribution taken later
Show answer & explanation
Answer: A
A divorce settlement that appears to split assets equally can be very unequal after tax: sale of the home may qualify for the Section 121 exclusion (subject to the ownership and use tests going forward), while traditional retirement funds are taxed as ordinary income when withdrawn, and a home can also carry capital gains exposure above the exclusion. Nominal equality is not after-tax equality, a qualified domestic relations order can move retirement funds incident to divorce without triggering the 10% penalty, and the home is not exempt from all future tax exposure.75. A client nearing retirement asks whether to take Social Security at 62 or wait until 70, given that she also plans significant Roth IRA withdrawals. What tax-planning point should the preparer raise about the interaction?
- A. Roth IRA withdrawals increase the taxable portion of a taxpayer's Social Security benefits on a dollar-for-dollar basis each year without exception
- B. Because Social Security's taxable portion depends on provisional income, which account she draws from first can affect how much of her benefit becomes taxable
- C. The age at which she claims Social Security is, by itself, what fixes the taxable percentage of each future benefit payment
- D. Provisional income calculations apply only to taxpayers who made no Roth IRA contribution during their working years
Show answer & explanation
Answer: B
Because qualified Roth distributions are not included in provisional income, drawing from a Roth account rather than a traditional account in a given year can help keep provisional income — and therefore the taxable share of Social Security benefits — lower, which is a genuine planning lever separate from the claiming-age decision itself. Roth withdrawals do not automatically raise taxable Social Security, claiming age affects the benefit amount rather than by itself fixing the taxable percentage, and provisional income rules apply to every Social Security recipient, not only non-Roth savers.76. A client's amended return claiming a large refund was filed just under three years after the original return's due date. The IRS is questioning whether the claim is timely. What should the preparer confirm to advise the client?
- A. Whether the client filed before April 15 of the current calendar year, since that single date is the only one relevant to any refund claim
- B. Whether the refund claimed exceeds $10,000, since claims above that dollar amount follow a separate and considerably longer statute of limitations
- C. Whether the claim was filed within the later of three years from filing the original return or two years from actually paying the tax
- D. Whether the client used a paid preparer for the original return, since self-prepared returns receive an extra year to claim any refund
Show answer & explanation
Answer: C
A refund claim is timely if filed within the later of three years from filing the original return (counting an early-filed return as filed on its due date) or two years from actual payment of the tax, so the preparer needs to pin down both the filing date and the payment dates, not just today's date relative to April 15. There is no separate, longer statute for larger refunds, and whether the original return was self-prepared or professionally prepared has no bearing on the refund claim deadline.
Part 3: Practices and Procedures
8 questions77. Which practitioners hold UNLIMITED rights to practice before the IRS?
- A. Anyone who has registered for and holds a valid PTIN
- B. Enrolled agents, CPAs, and attorneys
- C. Attorneys admitted to practice in the taxpayer's home state
- D. Annual Filing Season Program participants, for any return they prepared
Show answer & explanation
Answer: B
The unlimited-practice trio is EAs, CPAs and attorneys — any taxpayer, any matter, any IRS office. A PTIN alone permits paid preparation, not representation; an attorney's state bar admission does not by itself grant IRS practice rights; and AFSP participants hold only limited rights for returns they personally prepared, not unlimited representation.78. Under Circular 230, when may a practitioner charge a contingent fee?
- A. For any service the practitioner chooses to bill that way, including original return preparation
- B. Only in limited cases — such as IRS examination challenges, refund claims under review, and judicial proceedings — not for preparing original returns
- C. Not permitted for representation matters generally, since Circular 230 reserves contingent billing exclusively for narrow court-awarded fee arrangements
- D. Only for engagements that are expected to produce a refund for the client
Show answer & explanation
Answer: B
Circular 230 confines contingent fees to narrow settings — services in connection with an IRS examination or challenge, certain refund claims under review, and judicial proceedings — and representation matters generally are not limited to court-awarded fees alone. Charging contingently to prepare an original return invites exactly the aggressive-position incentive the rule targets, and an expected refund is not itself the trigger for permitting a contingent fee.79. A client fires her EA mid-dispute and requests her records back. The bill is unpaid. What does Circular 230 require?
- A. Holding all of the client's records and working papers as collateral until the outstanding invoice is fully paid
- B. Destroying the file once the engagement letter is formally terminated
- C. Sending the records only to the IRS, bypassing the former client entirely
- D. Prompt return of the client's records needed to comply with tax obligations — nonpayment does not excuse it
Show answer & explanation
Answer: D
Client records necessary for compliance must be returned promptly to the client on request, fee dispute or not (a narrow state-law lien exception exists for certain practitioner-prepared documents). Holding records as leverage, destroying the file, or routing records to the IRS instead of the client are all precisely what the rule forbids.80. An EA is found to have willfully evaded her own taxes. Which office acts, and what sanctions are on the table?
- A. No office has jurisdiction, since an EA's personal tax matters stay private
- B. The IRS Office of Professional Responsibility — censure, suspension, disbarment from practice, and monetary penalties
- C. The state bar association where the enrolled agent resides
- D. The United States Tax Court, which holds independent authority to impose a jail sentence for willful tax evasion by a licensed practitioner
Show answer & explanation
Answer: B
OPR enforces Circular 230; willful failure to comply with one's own tax obligations is disreputable conduct supporting censure, suspension or disbarment, plus monetary penalties — an EA's own compliance is squarely within OPR's reach, not private. A state bar has no authority over an enrolled agent's IRS practice status, and criminal prosecution with jail time is a separate track through the courts, not a Tax Court sanction.81. A preparer claims the earned income credit for a client with thin, contradictory information. What does due diligence require?
- A. Nothing beyond entering the figures the client provides on the intake sheet
- B. Denying each earned income credit claim that crosses her desk rather than risk a single due-diligence penalty on a valid one
- C. Conducting an in-home visit to verify the client's household composition
- D. Completing Form 8867, making reasonable inquiries when information seems incorrect, and keeping records — with a penalty per failure
Show answer & explanation
Answer: D
Refundable-credit due diligence requires the Form 8867 checklist, knowledge-based inquiries when facts look inconsistent, and record retention — each failure carrying its own indexed penalty. The duty is diligence, not blanket denial of every claim, and no in-home visit is required to satisfy it.82. How long must a paid preparer retain copies (or a list) of returns she prepared?
- A. Three years after the close of the return period
- B. One filing season, ending once the April due date passes
- C. Indefinitely, since no retention period is set by regulation
- D. Ten years, matching the IRS's collection statute of limitations
Show answer & explanation
Answer: A
Preparers keep completed copies or a client list for three years after the return period closes — a distinct clock from the taxpayer's own record-keeping and from the IRS's ten-year collection statute, which governs a different obligation entirely. The retention period is fixed by regulation rather than open-ended.83. Under IRS rules, who is required to obtain a Preparer Tax Identification Number (PTIN)?
- A. Only enrolled agents, since other preparers work under an EA's PTIN
- B. Anyone who prepares, or substantially helps prepare, federal tax returns for compensation
- C. Every taxpayer who prepares and files his or her own return
- D. Only volunteers who staff a free, IRS-sponsored tax-preparation clinic during the filing season
Show answer & explanation
Answer: B
The PTIN requirement follows compensation: paid preparers and those who substantially assist for pay need one and must renew annually, and each preparer gets an individual PTIN rather than sharing an EA's number. Uncompensated volunteers and taxpayers who self-prepare are outside it — payment is the trigger.84. Before submitting a return position with no substantial authority and no disclosure, what does the preparer risk under the code?
- A. Disbarment from practice imposed without any hearing or appeal
- B. Forfeiture of the client's refund back to the U.S. Treasury
- C. Nothing, since a return position is solely the client's legal responsibility
- D. The unreasonable-position preparer penalty — greater when the conduct is willful or reckless
Show answer & explanation
Answer: D
Preparer penalties attach to unreasonable positions — those lacking substantial authority (or reasonable basis with disclosure) — and escalate for willful or reckless conduct, so the risk is not the client's alone. Disbarment follows OPR process with notice and appeal rights rather than arriving automatically, and the client's own accuracy penalties (not a forfeited refund) run on a parallel, separate track.
Part 3: Representation before the IRS
3 questions85. What is the difference between Form 2848 and Form 8821?
- A. Form 8821 grants representation rights; Form 2848 is purely informational
- B. The two forms are interchangeable and may be used for either purpose
- C. Both forms apply exclusively to corporate taxpayers and may never be filed on behalf of an individual client
- D. Form 2848 grants power of attorney to represent; Form 8821 only authorizes receiving tax information
Show answer & explanation
Answer: D
The 2848 appoints a representative — advocacy, argument, signatures within its scope; the 8821 merely opens the information window and grants no representation rights. The two are not interchangeable, their roles are not reversed, and both are used for individual as well as corporate taxpayers.86. How long does the IRS generally have to assess additional tax, and what extends or removes that limit?
- A. No time limit applies to any return the IRS has already accepted and processed for a given tax year
- B. One year from filing, with no exceptions for fraud or large omissions
- C. Three years from filing; six years for omissions over 25% of gross income; no limit for fraud or unfiled returns
- D. Ten years from filing, the same period that applies to every return
Show answer & explanation
Answer: C
The assessment ladder is three years standard, six for substantial (25%+) gross-income omissions, and unlimited for fraud or a return never filed. Ten years is the COLLECTION statute after assessment, not the assessment period itself, and a normally filed, non-fraudulent return is not left open forever simply because the IRS accepted it.87. During an IRS examination, the auditor asks the EA-represented taxpayer to attend an interview. Must the taxpayer appear personally?
- A. Yes, the taxpayer must appear immediately regardless of any representation on file
- B. The enrolled agent alone decides, without regard to IRS procedure, whether the client is required to appear in person
- C. Only if the refund claimed on the return exceeds $10,000
- D. Generally no — a taxpayer with a valid POA may be represented without appearing, unless the IRS issues an administrative summons
Show answer & explanation
Answer: D
Representation rights let the practitioner stand in for the client in ordinary examination proceedings; the IRS can compel personal appearance only through a summons, not simply by request, and the refund amount on the return has no bearing on the rule. That buffer is much of what taxpayers hire representation for, though the decision ultimately rests on IRS process, not the EA's unilateral say.
Part 3: Filing Process
1 question88. A preparer files 60 individual returns per year, all on paper at clients' insistence — without collecting any waivers. What rule is being ignored?
- A. No rule is violated, since a preparer may freely choose the filing method
- B. A cap limiting any one tax return preparer to no more than fifty individual returns filed on paper each season
- C. The e-file mandate — specified preparers filing more than 10 covered returns must file electronically, with documented client opt-outs
- D. A requirement that applies only to returns prepared for corporations
Show answer & explanation
Answer: C
Specified tax return preparers expecting to file more than 10 covered returns must e-file; a client's genuine preference for paper is honored through a documented election, not the preparer's free choice. There is no 50-return cap, and the mandate reaches individual returns, not only corporate ones — sixty paper returns with no waivers is a mandate violation.
Part 3: Specific Areas of Representation
4 questions89. A taxpayer discovers an overpayment. Within what period must the refund claim be filed?
- A. One year from the date the taxpayer discovers the overpayment
- B. Any time at all, since refund claims carry no statute of limitations
- C. The later of three years from filing the return or two years from paying the tax
- D. Five years from the return's original due date, regardless of when it was filed
Show answer & explanation
Answer: C
The refund window is the later of three-years-from-filing or two-years-from-payment, with recovery capped by look-back rules tied to which prong applies — it is not open-ended and does not run from the date of discovery. A flat five-year rule from the original due date does not describe the actual two-prong statute.90. A taxpayer cannot pay a large assessed liability and asks about settling for less. Which IRS program addresses this, and on what grounds?
- A. No settlement mechanism exists once a liability has been assessed
- B. Forgiveness of the balance once five full years have passed since the liability was originally assessed
- C. Filing a refund claim for the amount she believes she overpaid
- D. An offer in compromise — doubt as to collectibility, doubt as to liability, or effective tax administration
Show answer & explanation
Answer: D
Offers in compromise settle liabilities for less than full payment on three grounds — most commonly doubt as to collectibility, measured by reasonable collection potential. There is no automatic five-year forgiveness, an assessed liability the taxpayer cannot pay is not the same fact pattern as a refund claim, and a settlement mechanism does exist even after assessment.91. The IRS issues a Final Notice of Intent to Levy. How long does the taxpayer have to request a Collection Due Process hearing?
- A. 10 days
- B. One year
- C. 30 days
- D. There is no hearing right once a final notice has been issued
Show answer & explanation
Answer: C
The Collection Due Process request window is 30 days from the final notice, not 10 days and not a full year; a timely request pauses levy action and preserves Tax Court review. Missing the window leaves only an equivalent hearing with weaker protections — the hearing right exists, but only if the deadline is met.92. What is the difference between a federal tax LIEN and a LEVY?
- A. The two terms are synonyms describing the same collection action
- B. A lien is the government's legal claim against property; a levy actually seizes property or rights to it
- C. A levy is the government's legal claim against property; a lien is the physical act of seizing that property
- D. Liens can be filed only against businesses, never against individuals
Show answer & explanation
Answer: B
The lien arises automatically upon assessment, demand and nonpayment, encumbering property and priority; the levy is the enforcement act — taking wages, accounts or assets. Claim versus seizure, in that order, not reversed, and liens attach to individual taxpayers' property just as readily as to a business's.
Part 2: Specialized Returns and Taxpayers
1 question93. A newly formed nonprofit wants federal recognition of its 501(c)(3) tax-exempt status before soliciting large donations. What must it generally do, and by when, to have that recognition apply retroactively to its date of formation?
- A. Nothing; a newly formed nonprofit is tax-exempt from the date of formation with no application of any kind required
- B. File Form 1023 (or the streamlined 1023-EZ) within 27 months of the end of the month it was organized
- C. File Form 990 as its very first annual return, since that filing alone is what establishes exempt status retroactively
- D. Wait until it has operated for at least three full years before it becomes eligible to apply for exempt status at all
Show answer & explanation
Answer: B
An organization seeking 501(c)(3) recognition effective from its formation date must generally file Form 1023 (or the streamlined Form 1023-EZ for smaller organizations) within 27 months of the end of the month in which it was organized; filing later can still secure exemption but typically only from the filing date forward. Exemption is not automatic without an application, Form 990 is an annual informational return rather than an exemption application, and there is no rule requiring three years of operation before applying.
Part 1: Specialized Returns for Individuals
7 questions94. An unmarried decedent's estate in 2025 has a gross estate of $16,200,000 after allowable deductions bring the taxable estate to $15,800,000. Is a federal estate tax return required, and is tax owed?
- A. No return is required, since federal estate tax was permanently repealed for every decedent dying after 2010
- B. A return is required, but no tax is owed because the entire taxable estate is exempt no matter its size
- C. A return is required only for a married decedent's estate, since unmarried decedents are automatically exempt
- D. Form 706 is required, and tax is owed on the amount above the $13,990,000 basic exclusion amount for 2025
Show answer & explanation
Answer: D
For 2025 the basic exclusion amount is $13,990,000; an estate whose gross value requires filing and whose taxable estate exceeds that exclusion owes tax on the excess, so this unmarried decedent's estate both must file Form 706 and owes tax on roughly $1.81 million of taxable estate above the exclusion. Federal estate tax was not repealed, exceeding the exclusion amount means tax is in fact owed rather than the whole estate being exempt, and the filing and tax rules apply to unmarried and married decedents alike — marital status affects portability, not whether tax applies at all.95. A widow's late husband died in 2024 with an unused portion of his $13,990,000 basic exclusion amount. What must the estate do to allow the widow to use that unused exclusion for her own future estate?
- A. Timely file Form 706 for the husband's estate and elect portability, even if filing is not otherwise required
- B. Nothing — unused exclusion amounts transfer automatically to a surviving spouse whether or not any return is filed
- C. The widow must file her own Form 706 while alive, since portability is elected on the survivor's return, not the decedent's
- D. Portability is unavailable to a widow under any circumstance; the unused exclusion amount always simply expires unused
Show answer & explanation
Answer: A
Portability of a deceased spouse's unused exclusion is not automatic — the executor must make the election on a timely filed Form 706 for the first spouse's estate, even when that estate's value is otherwise below the filing threshold and no return would otherwise be required. It does not transfer without an election, the election is made on the deceased spouse's estate return rather than a future return the surviving spouse files during her own lifetime, and portability is available to survivors generally, not barred outright.96. A grandmother gives her grandson $25,000 in 2025 and elects gift-splitting with her spouse. How does gift-splitting change the gift tax result compared to the grandmother making the gift alone?
- A. Gift-splitting doubles the tax-free gift size in every case and eliminates any need to file a gift tax return
- B. Each spouse's $19,000 annual exclusion applies to half the gift, leaving only $6,000 of it in excess of exclusions on Form 709
- C. Gift-splitting has no effect on the annual exclusion and exists only to reassign legal liability for any gift tax owed
- D. Gift-splitting is available only for gifts of real property, never for cash gifts made between family members
Show answer & explanation
Answer: B
Gift-splitting lets a married couple treat a gift as made half by each spouse, so each spouse's own $19,000 annual exclusion applies to the recipient, covering $38,000 of the $25,000 gift entirely with room to spare in this example — but the mechanism still requires a Form 709 election even though no exemption is ultimately used. It is not automatic doubling with no filing requirement, it does change how much of the annual exclusion applies rather than merely reallocating liability, and it is available for cash gifts, not just real property.97. A U.S. citizen held $12,000 in a foreign bank account at its highest point during 2025 and also has a separate foreign brokerage account. Which international reporting requirement is triggered, and by which form?
- A. No reporting is required at all, since each individual account stayed under the $50,000 foreign-asset threshold
- B. Only Form 8938 applies, since FBAR reaches only accounts held at banks physically located outside North America
- C. FinCEN Form 114, the FBAR, since aggregate foreign account value exceeded $10,000 at some point during the year
- D. Reporting is required only if the accounts together earned more than $600 of interest, matching the 1099-INT rule
Show answer & explanation
Answer: C
FBAR reporting on FinCEN Form 114 is triggered once the aggregate value of a U.S. person's foreign financial accounts exceeds $10,000 at any time during the year, which this taxpayer's combined bank and brokerage holdings do — Form 8938 has its own, separate and typically higher dollar thresholds and different filing rules, so the two are not interchangeable. FBAR is not limited to non-North American banks, and it does not depend on how much interest an account earned; it is triggered by aggregate account value.98. A trust beneficiary receives a Schedule K-1 reporting both trust accounting income and a separate capital gain that state law and the trust document allocate to corpus rather than income. How should each item generally be reported to the beneficiary?
- A. Every item the trust realizes, including corpus gains, must be reported to the beneficiary no matter the document's allocation
- B. Nothing is reported to any beneficiary until the trust terminates and makes its final distribution of remaining assets
- C. Only capital gains are reported to a beneficiary; ordinary trust accounting income stays taxed at the trust level instead
- D. DNI, which generally follows accounting income, carries to the beneficiary; a corpus gain generally stays taxed to the trust
Show answer & explanation
Answer: D
Distributable net income generally follows fiduciary accounting income and is the vehicle that carries taxable income out to beneficiaries on Schedule K-1, while capital gains allocated to trust corpus under the governing instrument or state law typically remain taxed to the trust itself unless the document or DNI computation says otherwise. Not every item automatically passes through regardless of allocation, trusts commonly make required or discretionary distributions well before termination, and it is ordinary DNI — not capital gains alone — that most commonly carries out to beneficiaries.99. A farmer's crops were destroyed by a federally declared drought, and he received $40,000 in federal crop insurance proceeds. He wants to defer recognizing the income to the following year. Under what condition may he do so?
- A. He may elect deferral if his normal business practice shows he would have sold the crops in a later year anyway
- B. He may not defer crop insurance proceeds of any kind; they are taxable in the year of receipt with no exception available
- C. He may defer the proceeds only if he also sells all of his farm equipment during that same tax year
- D. Deferral applies to each crop insurance payment without an election or any supporting showing about normal practice
Show answer & explanation
Answer: A
A cash-method farmer may elect to defer federal crop insurance and certain disaster payments to the following year if he can establish that, under his normal business practice, income from the damaged crops would have been reported in a later year anyway — the election is affirmative and requires that showing, not automatic. The deferral is not barred outright, it has no connection to selling farm equipment, and it depends on the farmer's normal marketing pattern rather than applying with no conditions.100. A real estate professional's rental activities show a $40,000 loss for 2025, and she materially participates in the rental business for more than 750 hours during the year while working no other job. How is the loss treated?
- A. As a passive loss capped at the $25,000 special allowance reserved for non-qualifying rental owners
- B. As a nonpassive loss fully deductible against other income, since real estate professional status removes rentals from the passive rules
- C. As a nondeductible personal expense, since rental real estate losses cannot offset nonpassive income under this scenario
- D. As a loss capped by her modified AGI, reduced dollar for dollar above $100,000, the ordinary passive rental phase-out limit
Show answer & explanation
Answer: B
A taxpayer who meets the real estate professional tests — more than half of personal services in real property trades and more than 750 hours of material participation — takes rental real estate out of the passive activity rules entirely, so a qualifying loss is nonpassive and fully deductible against other income rather than being capped. The $25,000 special allowance and the $100,000 MAGI phase-out both apply to the ordinary passive rental rules that a qualifying real estate professional escapes, and such losses are not simply nondeductible personal expenses.
Showing 100 of 152 questions.
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Key facts: Enrolled Agent exam
- Passing score
- Pass all three SEE parts within three years
- Governing body
- Internal Revenue Service (IRS)
This free Enrolled Agent practice test has 152 original questions written to Internal Revenue Service (IRS)'s official content outline, last checked against it on September 16, 2026, 100 of them listed on this page and the rest loaded by the drill. Every question shows a worked explanation, and nothing here requires a signup.
The questions are grouped under 13 outline areas: Part 2: Business Tax Preparation, Part 1: Taxation, Part 1: Income and Assets, Part 1: Preliminary Work with Taxpayer Data, Part 1: Deductions and Credits, Part 2: Business Entities and Considerations, Part 1: Advising the Individual Taxpayer, Part 3: Practices and Procedures, Part 3: Representation before the IRS, Part 3: Filing Process, Part 3: Specific Areas of Representation, Part 2: Specialized Returns and Taxpayers and Part 1: Specialized Returns for Individuals.
How the Enrolled Agent practice bank covers the outline
152 questions across 13 outline areas — the same areas the page's sections use.
Counts are the live question bank, grouped by the outline area each question was written to.
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Official sources
Primary documents used to verify the exam details shown on this page.
- IRS SEE — Candidate Information Bulletin (PSI)PSI Services / Internal Revenue Servicetest-takers.psigov.us
- Become an Enrolled Agent — IRSInternal Revenue Service (IRS)irs.gov
- Maintain Your Enrolled Agent Status — IRSInternal Revenue Service (IRS)irs.gov
- Enrolled Agent Information — IRSInternal Revenue Service (IRS)irs.gov
- Official SEE sample questionsInternal Revenue Serviceirs.gov
- Enrolled agent informationInternal Revenue Serviceirs.gov
- Continuing education for tax professionalsInternal Revenue Serviceirs.gov
- EA renewal remindersInternal Revenue Serviceirs.gov
Last verified against the official exam content outline:
Frequently asked questions
Which part should I study first?
Most candidates start with Part 1 (Individuals) because 1040 material is the most familiar, take Part 3 (Representation) second for its shorter runway, and finish with Part 2 (Businesses), which carries the most new material. The topic chips in this bank mirror the three parts, so you can drill whichever part is next on your calendar.
Why doesn't this bank quote this year's standard deduction and contribution limits?
Because they change every year, and a practice bank hard-coding them trains answers that expire each January. These questions test the structural rules — basis regimes, holding periods, statutes of limitations, entity requirements — that stay stable. Pull current-year dollar figures from the IRS's current publications in your final review week.
How accurate should I be before scheduling a part?
Hold 80% or better on fresh mixed drills for that part. The three-year completion window removes deadline pressure, so there is no reason to sit underprepared — especially with each attempt carrying its own testing fee through PSI.
Part 3 looks short — is it easy?
It is the part working preparers most often underestimate. It tests exact day-counts (30-day CDP window, 3/6/unlimited assessment statutes, 3-year preparer retention) and precise form functions (2848 versus 8821) that daily practice blurs. Drill it with the same rigor as the tax-law parts.