Tax Considerations: Synthesis

This unit covered three major areas of tax knowledge tested on the Series 65 exam: individual income tax, entity and trust taxation, and wealth transfer tax. Use these reference tables to reinforce the key distinctions and numbers.


Key Numbers Reference

ItemAmount/Rate
Long-term capital gains rates0%, 15%, or 20%
Max ordinary income rate37%
Net Investment Income Tax (NIIT) surtax3.8% (modified adjusted gross income above $200K single / $250K married filing jointly)
Net capital loss against ordinary income$3,000/year ($1,500 married filing separately)
Qualified dividend holding periodMore than 60 days in 121-day period
Federal tax brackets10%, 12%, 22%, 24%, 32%, 35%, 37%
Required minimum distribution (RMD) starting age73 (born 1951-1959) or 75 (born 1960+)
Missed RMD penalty25% (reduced to 10% if corrected within 2 years)
Alternative Minimum Tax (AMT) rates26% and 28%
Income-Related Monthly Adjustment Amount (IRMAA) threshold (2026)$109,000 single / $218,000 married filing jointly (2-year lookback)
C-corporation tax rate21% flat
Trust top bracket threshold~$15,450
REIT minimum distribution90% of taxable income
Estate tax exemption (2026)$15,000,000/individual
Annual gift exclusion (2026)$19,000/recipient
Gift splitting (married)$38,000/recipient
Estate/gift tax top rate40%
Portability (married couple)Up to $30,000,000

Capital Gains Decision Framework

SituationTax treatment
Held 1 year or lessShort-term: ordinary income rates (up to 37%)
Held more than 1 yearLong-term: preferential rates (0%, 15%, 20%)
Net capital loss after offsetting gainsDeduct up to $3,000/year against ordinary income
Unused capital lossCarry forward indefinitely
Sold and repurchased within 30 daysWash sale: loss disallowed, added to new basis
Inherited assetStepped-up basis: embedded gains eliminated
Gifted assetCarryover basis: embedded gains preserved

Entity Taxation Quick Reference

EntityTaxation LevelDouble Tax?Pass-Through?
C corporationEntity + shareholderYesNo
S corporationShareholder onlyNoYes
Partnership/LLCPartner/member onlyNoYes
REITShareholder (if 90%+ distributed)No (if compliant)Yes
Trust (simple)Beneficiary (on distributed income)NoYes
Trust (complex)Trust and/or beneficiaryPossiblePartial

Exam Question Framework

When you see a tax question, ask yourself:

  1. What type of income? Ordinary income, qualified dividends, short-term capital gains, or long-term capital gains each have different rates
  2. What is the holding period? More than 1 year = long-term = preferential rates
  3. What entity holds it? C-corp = double tax, S-corp/partnership/MLP = pass-through, REIT = ordinary income dividends, trust = compressed brackets
  4. Is there a basis issue? Inherited = step-up, gifted = carryover, wash sale = disallowed loss added to new basis
  5. Are there planning implications? IRMAA (2-year lookback), AMT (ISOs, private activity bonds), RMDs (age 73/75), gift vs. hold until death