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REGMarch 2, 2025

Common Mistakes on the CPA REG Exam and How to Avoid Them

Identify and avoid the most frequent errors on the CPA REG section. From basis calculations to entity selection, learn what trips candidates up on tax and law questions.

Why REG Causes Trouble

The REG section combines detailed tax rules with business law concepts, and candidates struggle with both the volume of material and the precision required. Tax questions often require multi-step calculations where one error cascades through the entire answer. Business law questions require careful reading because the correct answer frequently depends on a single fact in the question stem. Here are the mistakes you need to avoid.

Tax Calculation Errors

Partnership Basis Mistakes

Partnership basis calculations are among the most error-prone topics on REG. A partner's outside basis starts with their initial contribution and is adjusted for their share of income, loss, distributions, and liabilities. Candidates commonly make three mistakes. First, they forget to add their share of partnership liabilities to basis. Recourse liabilities increase the basis of the partner who bears the economic risk of loss, while nonrecourse liabilities are allocated among all partners. Second, they deduct losses that exceed their basis, at-risk amount, or passive activity limitation without applying the ordering rules. Third, they forget that distributions reduce basis before gain is recognized, and a cash distribution exceeding basis triggers gain recognition.

S Corporation Basis Ordering Errors

S corporation shareholder basis has a specific ordering sequence that candidates frequently violate. The correct order is: increase for income items, decrease for distributions (but not below zero), decrease for nondeductible expenses, and decrease for deductible expenses and losses. Unlike partnerships, S corporation shareholders do not get basis increases for entity-level debt unless they have directly lent money to the corporation. Guaranteeing a corporate loan does not increase shareholder basis, a point that trips up many candidates.

Property Transaction Characterization Errors

Characterizing gains and losses as ordinary, Section 1231, or capital requires understanding the type of asset and the holding period. Section 1231 assets are depreciable assets and real property used in a trade or business held for more than one year. Candidates frequently forget to apply Section 1245 and Section 1250 depreciation recapture before applying Section 1231 netting. They also confuse Section 1231 with capital assets, forgetting that inventory, accounts receivable, and creative works are specifically excluded from the capital asset definition.

Like-Kind Exchange Calculation Errors

Section 1031 like-kind exchanges are a common simulation topic, and candidates make several recurring errors. Boot received (cash or non-like-kind property) triggers gain recognition, but only to the extent of the gain realized, not the full amount of boot. Candidates sometimes recognize gain equal to the full boot amount even when the realized gain is smaller. The basis of the property received equals the basis of the property given up, decreased by boot received, increased by gain recognized, and increased by boot paid. Missing any step produces the wrong answer.

Business Law Mistakes

Statute of Frauds Errors

The statute of frauds requires certain contracts to be in writing to be enforceable. Candidates frequently forget one or more of the categories: contracts that cannot be performed within one year, contracts for the sale of goods over $500 under the UCC (now $5,000 under revised Article 2 in some jurisdictions), contracts for the sale of real property, promises to pay the debt of another, and promises made in consideration of marriage. A common mistake is assuming that all contracts must be in writing. Oral contracts are generally enforceable unless they fall within a statute of frauds category.

Agency Authority Confusion

Candidates mix up the types of agent authority. Actual authority (express or implied) comes from the principal's communications to the agent. Apparent authority comes from the principal's communications to third parties that create a reasonable belief the agent has authority. Candidates sometimes state that apparent authority is created by the agent's own representations, which is incorrect. They also forget that ratification can create authority retroactively when a principal affirms an unauthorized act.

Circular 230 and Ethics Errors

Tax Return Position Standards

Candidates confuse the different standards for tax return positions. For undisclosed positions, there must be a reasonable basis. For disclosed positions, there must be a reasonable basis plus adequate disclosure. Candidates sometimes apply the "more likely than not" standard (which applies to tax shelters) to ordinary return positions. They also confuse the standards under Circular 230 with the preparer penalty standards under IRC Section 6694, which use slightly different thresholds.

Strategic Errors

Not Practicing Multi-Step Tax Calculations

REG simulations frequently require you to compute a complete tax liability starting from gross income and working through deductions, credits, and payments. Candidates who practice only isolated concepts struggle with these comprehensive calculations because they do not have a systematic approach. Practice full tax computations regularly to build a reliable process you can follow under pressure.

Spending Too Long on Business Law

While you should not skip business law, spending disproportionate time on it is also a mistake. Business law typically represents 15 to 25 percent of the exam. Candidates who spend 40 percent of their study time on business law are underinvesting in the tax topics that dominate the exam. Aim for a balanced allocation that reflects the exam blueprint.

Most REG mistakes stem from rushing through multi-step problems or confusing rules that are similar but not identical across entity types. Slow down on calculation problems, double-check your basis computations, and verify that you are applying the correct rules for the correct entity type.

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