1231b Property Flashcards
1231b property isnt 1221 property bu
may still gettaxed like it.
1231 is aka
quasi capital assets
function of 1231 is to allow for
certain gains that arent capital assets to be taxed at capital rates
1221 isnt for
bus property, depreciable or real property
1231 is for
bus prop, depreciable, or real prop
**1231 prop must be:
used in trade/bus and held for mroe than a year and either be depreciable under 167 OR be real property.
1231 gives pref rates to non
1221 property
assets excluded from 1231
inventory, copyrights, personal prop (since its not bus)
in 1231 in order for loss to factor in it must be
deductible
1231 gain netting process
- Calculate all 1231 gains and losses
- Compare
- If gainsexceeds losses- LTCG
- STILL DONT NET,
IF GAIN less than losses
gains= ordinary income and losses= ordinary losses
if gains exceed losses
taxed as LTCG
1231 IS FAVORABLE BECAUSE
if gain, pref rates, if loss ordinary loss which offsets ordinary income.
1231 includes
bus prop, depreciable or real prop held for mroe than 1 year