Common Mistakes to Avoid
Watch out for these exam traps that candidates frequently miss on Tax Considerations questions:
Forgetting long-term vs short-term capital gains rate differences
Not understanding 30-day wash sale rule
Confusing qualified vs non-qualified dividends
Sample Practice Questions
A client purchased stock on March 1 of last year and sold it on March 15 of this year, realizing a $5,000 gain. How will this gain be taxed?
A is correct. The client held the stock for more than one year (specifically, from March 1 of last year to March 15 of this year is 1 year and 14 days), which qualifies the gain for long-term capital gains treatment. Long-term gains receive preferential tax rates of 0%, 15%, or 20%, depending on the taxpayer's income level. To qualify as long-term, the holding period must be MORE than one year (over 365 days).
B (Ordinary income tax rates) is incorrect because ordinary rates apply only to short-term capital gains from assets held for one year or less. C (Qualified dividend rates) is incorrect because this is a capital gain from a stock sale, not dividend income, though qualified dividends do receive the same preferential rates as long-term capital gains. D (Tax-free) is incorrect because capital gains are taxable, though long-term gains receive preferential rates that can be as low as 0% for taxpayers in the lowest income brackets.
Understanding the distinction between long-term (more than one year) and short-term (one year or less) capital gains is crucial for the Series 65 exam and tax planning. This is one of the most commonly tested tax concepts. The exam frequently presents scenarios with specific dates to test whether you can correctly calculate holding periods. Long-term capital gains receive significantly preferential tax treatment, with maximum rates of 20% versus ordinary income rates that can exceed 37%. This impacts portfolio management decisions about when to sell positions.
Which of the following statements about qualified dividends is TRUE?
B is correct. Qualified dividends receive preferential tax treatment at the same rates as long-term capital gains: 0%, 15%, or 20%, depending on the taxpayer's income level. These rates are significantly lower than ordinary income tax rates.
A (All dividends automatically qualify) is incorrect because dividends must meet specific requirements to be qualified, including a holding period requirement. The stock must be held for more than 60 days during the 121-day period beginning 60 days before the ex-dividend date. C (30-day holding period) is incorrect because the actual requirement is more than 60 days during a specific 121-day window, not simply 30 days. D (Tax-free) is incorrect because while some taxpayers in the lowest income brackets may pay 0% on qualified dividends, they are not tax-free for all investors.
The distinction between qualified and non-qualified dividends appears frequently on the Series 65 exam. Qualified dividends receive the same preferential tax rates as long-term capital gains, making them much more tax-efficient than non-qualified dividends (which are taxed at ordinary income rates). This concept is essential for portfolio construction and client recommendations, especially for high-income clients who face a 20-percentage-point difference between qualified dividend rates (maximum 20%) and ordinary income rates (maximum 37%). The exam often tests whether you know the holding period requirement.
An investor sells 100 shares of XYZ stock at a $2,000 loss on December 15. On December 28, the investor repurchases 100 shares of the same stock. What is the tax consequence?
C is correct. This scenario triggers the wash sale rule because the investor repurchased substantially identical stock within 30 days of the sale (only 13 days later). The $2,000 loss is disallowed for current tax purposes, but it is not lost permanently. Instead, the disallowed loss is added to the cost basis of the repurchased shares, which will reduce the gain (or increase the loss) when those shares are eventually sold.
A (Full loss deductible) is incorrect because the wash sale rule disallows the immediate deduction when substantially identical securities are repurchased within the 30-day window (30 days before or after the sale). B (Loss completely disallowed) is incorrect because while the loss cannot be claimed immediately, it is preserved through basis adjustment. D ($1,000 deductible) is incorrect because there is no partial allowance under the wash sale rule; the entire loss is disallowed when the rule is triggered.
The wash sale rule is one of the most frequently tested tax concepts on the Series 65 exam. Many investors and even some advisers mistakenly believe they can sell a stock for tax-loss harvesting and immediately repurchase it. The 30-day window extends both before and after the sale (a total 61-day period), making this a 30-day rule in each direction. Understanding that the disallowed loss is added to basis (not permanently lost) is crucial. This concept appears in tax-loss harvesting questions and year-end portfolio management scenarios.
A client wants to minimize capital gains taxes when selling some shares from a large position purchased at different times and prices. Which cost basis method provides the MOST flexibility for tax planning?
C is correct. Specific identification allows the investor to choose exactly which shares to sell, providing maximum flexibility for tax planning. The investor can select shares with the highest cost basis (to minimize gains) or lowest cost basis (to maximize losses for tax-loss harvesting), depending on the tax strategy.
A (FIFO) is incorrect because this method automatically sells the oldest shares first, which may not be optimal for tax purposes. In a rising market, the oldest shares often have the lowest cost basis and highest gains. B (LIFO) is not actually an allowable method for securities in the US (it's used for inventory accounting but not for stocks). D (Average cost method) is incorrect because while this method can be used for mutual fund shares, it calculates an average cost across all shares and provides less flexibility than specific identification.
Cost basis selection is a powerful but often overlooked tax planning tool that appears regularly on the Series 65 exam. Specific identification requires proper documentation and communication with the broker before the sale, but it gives advisers maximum control over tax outcomes. This is particularly valuable for high-net-worth clients with large concentrated positions. The exam often tests whether you understand that FIFO is the default method if no election is made, and that average cost can only be used for mutual funds, not individual stocks. Questions may present scenarios asking which method minimizes taxes in specific situations.
In 2024, a client realized $15,000 in capital gains and $22,000 in capital losses. The client has no capital loss carryforwards from previous years. What is the MAXIMUM amount the client can deduct against ordinary income this year?
A is correct. Capital losses must first offset capital gains. The client has a net capital loss of $7,000 ($22,000 losses minus $15,000 gains). However, the maximum amount of net capital losses that can be deducted against ordinary income in a single year is $3,000. The remaining $4,000 loss will carry forward indefinitely to future tax years.
B ($7,000) is incorrect because while the client has a $7,000 net capital loss, only $3,000 per year can offset ordinary income. C ($15,000) is incorrect because this represents the total capital gains, which are already offset by losses. D ($22,000) is incorrect because this is the total capital losses before netting against gains, and annual deductions are limited to $3,000.
The $3,000 annual capital loss deduction limit is one of the most testable tax rules on the Series 65 exam. This concept frequently appears in tax-loss harvesting questions and year-end tax planning scenarios. Understanding the two-step process (first offset gains, then deduct up to $3,000 against ordinary income) is critical. Many candidates forget that losses must first offset gains before the $3,000 limit applies to ordinary income. The indefinite carryforward provision is also important for multi-year tax planning. Exam questions often present scenarios with various gain and loss amounts to test whether you can correctly calculate the current-year deduction.
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Access Free BetaWhich of the following items would be added back as a tax preference item when calculating Alternative Minimum Tax (AMT)?
D is correct. Interest from private activity municipal bonds is a tax preference item that must be added back when calculating Alternative Minimum Tax (AMT). While this interest is exempt from regular federal income tax, it is not exempt from AMT, making these bonds less attractive for investors subject to AMT.
A (Treasury bonds) is incorrect because Treasury interest is taxed the same way under both regular tax and AMT calculations. There is no add-back required. B (General obligation municipal bonds) is incorrect because interest from GO munis is exempt from both regular tax and AMT. Only private activity bond interest is an AMT preference item. C (Qualified dividends) is incorrect because qualified dividends receive the same preferential treatment under both regular tax and AMT calculations.
Alternative Minimum Tax appears regularly on the Series 65 exam, and private activity bond interest is the most commonly tested AMT preference item. This concept is crucial for municipal bond recommendations, as advisers must understand that not all municipal bonds provide the same tax benefits. High-income clients subject to AMT may find private activity bonds less attractive than general obligation bonds. The exam often presents scenarios asking which investment would trigger AMT or which bonds to recommend for AMT-sensitive clients. Understanding the distinction between private activity bonds and other municipal bonds is essential for proper client recommendations.
A married couple filing jointly has modified adjusted gross income (MAGI) of $280,000 and net investment income of $45,000. How much Net Investment Income Tax (NIIT) will they owe?
B is correct. The Net Investment Income Tax (NIIT) is a 3.8% surtax on the lesser of: (1) net investment income, or (2) the amount by which MAGI exceeds the threshold. For married filing jointly, the threshold is $250,000. The couple's MAGI exceeds the threshold by $30,000 ($280,000 minus $250,000). Since $30,000 is less than their $45,000 of net investment income, the NIIT applies to $30,000. The tax is $30,000 ร 3.8% = $1,140.
A ($0) is incorrect because the couple's MAGI exceeds the $250,000 threshold for married filing jointly. C ($1,710) would result from incorrectly calculating 3.8% of $45,000 (the total net investment income) without considering that only the excess over the threshold is taxed. D ($9,500) is incorrect and does not reflect the proper NIIT calculation.
The Net Investment Income Tax is a relatively recent addition to the tax code (2013) and appears frequently on the Series 65 exam. Understanding the 3.8% rate and the income thresholds ($250,000 married filing jointly, $200,000 single) is essential. The key testing point is recognizing that NIIT applies to the LESSER of net investment income or the excess over the threshold. Many candidates incorrectly apply the 3.8% rate to all investment income without considering the threshold calculation. This tax affects high-income clients and impacts investment recommendations, particularly regarding tax-efficient portfolio management and the timing of capital gains recognition.
An investor is considering a municipal bond yielding 4.0%. If the investor is in the 35% federal tax bracket, what is the tax-equivalent yield of this municipal bond?
C is correct. The tax-equivalent yield formula is: Municipal Yield รท (1 - Tax Rate). Calculating: 4.0% รท (1 - 0.35) = 4.0% รท 0.65 = 6.15%. This means a taxable bond would need to yield 6.15% to provide the same after-tax return as the 4.0% municipal bond for an investor in the 35% tax bracket.
A (2.6%) would be the after-tax yield of a 4.0% taxable bond, calculated as 4.0% ร (1 - 0.35), but this reverses the calculation. B (5.4%) results from an incorrect formula. D (11.4%) results from incorrectly dividing by the tax rate instead of (1 - tax rate).
Tax-equivalent yield calculations appear frequently on the Series 65 exam and are essential for comparing municipal bonds to taxable alternatives. This helps advisers determine whether tax-exempt bonds are appropriate for clients in various tax brackets. The formula is straightforward but easy to confuse with the after-tax return calculation (which multiplies instead of divides). Higher tax brackets make municipal bonds more attractive because the tax-equivalent yield increases. The exam often presents scenarios asking whether a municipal or taxable bond is better for a client, requiring this calculation. Remember: divide the muni yield by (1 minus the tax rate) to find what a taxable bond would need to yield.
All of the following are effective strategies to avoid triggering the wash sale rule EXCEPT:
D is correct. Repurchasing shares in a different account (such as an IRA) does NOT avoid the wash sale rule. The wash sale rule applies across all accounts controlled by the same taxpayer, including IRAs, taxable brokerage accounts, and even accounts of the taxpayer's spouse. This is a common misconception that the exam frequently tests.
A (Waiting 31 days) is an effective strategy because it exceeds the 30-day window in the wash sale rule. B (Similar but not substantially identical security) is effective because the wash sale rule only applies to substantially identical securities. For example, selling Ford stock and buying GM stock would not trigger the rule. C (Different index ETF) is effective because an ETF tracking a different index is not considered substantially identical. For example, selling an S&P 500 ETF and buying a Russell 2000 ETF would avoid the wash sale rule.
This negative stem question tests a critical misconception about the wash sale rule that many investors and advisers get wrong. The rule applies across ALL accounts of the taxpayer (and spouse), making it impossible to avoid by simply using a different account. This is one of the most commonly missed aspects of tax-loss harvesting on the Series 65 exam. Understanding what qualifies as "substantially identical" is essential for proper tax planning. The exam often presents scenarios with multiple accounts or family members to test this knowledge. Remember: the wash sale rule follows the taxpayer, not the account.
A client inherited stock from her father, who passed away when the stock was worth $100,000. The father originally purchased the stock for $30,000. If the client sells the stock six months later for $105,000, what is her taxable gain?
A is correct. Inherited assets receive a step-up in basis to the fair market value at the date of death. The client's basis is $100,000 (the value at death), not the father's original $30,000 purchase price. The taxable gain is therefore $5,000 ($105,000 sale price minus $100,000 stepped-up basis). Additionally, inherited property is always treated as long-term capital gain property, regardless of how long the heir held it, so this is a long-term gain eligible for preferential tax rates.
B ($5,000 short-term) correctly calculates the gain amount but incorrectly classifies it as short-term. Inherited property is automatically long-term. C ($75,000 long-term) incorrectly uses the father's original $30,000 basis instead of the stepped-up $100,000 basis. D ($75,000 short-term) makes both errors: using the wrong basis and classifying it as short-term.
Step-up in basis is a fundamental estate planning concept that appears frequently on the Series 65 exam. Understanding that inherited assets receive a new basis equal to fair market value at death (eliminating built-in gains) is crucial for estate planning recommendations. The automatic long-term treatment for inherited assets is an additional benefit that many candidates miss. This rule makes holding highly appreciated assets until death a common tax strategy. The exam often presents scenarios calculating gains on inherited property to test both the step-up basis rule and the long-term treatment. This concept connects to estate planning, cost basis methods, and capital gains taxation.
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