Bryant - Course 4. Tax Planning. 5. Basis Flashcards
What is the Original Basis?
In most cases, the original basis of property is its cost. Cost is the amount paid for the property in cash or the Fair Market Value (FMV) of other property given in the exchange. Any costs of acquiring the property and preparing the property for use are included in the cost of the property.
Capital additions increase the basis. IRC Section 263(a) generally requires taxpayers to capitalize an amount paid to acquire, produce, or improve tangible property. Repairs, such as fixing a roof leak or painting a room, are not considered capital improvements and, thus, are not accounted for in determining basis.
Reductions, like depreciation, reduce the basis.
Ellen paid $12,000 and borrowed $48,000 from the local savings and loan company to purchase for a home she will use as her personal residence. Three years later, she paid $10,000 to add a room onto the house, paid $625 to have the house painted, and $800 for built-in bookshelves.
As of January 1 of the current year, Ellen has reduced her mortgage to $44,300. What is the basis for Ellen’s house?
* $48,000
* $55,100
* $70,800
* $71,425
$70,800
Most property is acquired by purchase and its initial basis is the cost of the property. Capital additions increase the basis.
The basis on Ellen’s home is computed as follows:
$12,000 (payment) + $48,000 (mortgage) + $10,000 (capital addition [room]) + $800 (capital addition [bookshelves]) = $70,800
List things that would increase basis
Capital improvements:
* Putting an addition on your home
* Replacing an entire roof
* Paving your driveway
* Installing central air conditioning
* Rewiring your home
Assessments for local improvements:
* Water connections
* Sidewalks & Roads
Casualty losses:
* Restoring damaged property
Legal fees:
* Cost of defending and perfecting a title
Zoning costs
List things that would decrease basis
- Depreciation
- Certain vehicle credits
- Section 179 deduction
- Casualty or theft loss deductions and
- insurance reimbursements
- Nontaxable corporate distributions
- Exclusion from income of subsidies for energy
- conservation measures
What is the adjusted basis?
The adjusted basis of property is the original basis plus purchase-related costs or capital additions, less depreciation (if applicable).
Adjusted basis also depends on how the property is acquired (e.g., by purchase, gift, or inheritance).
Most property is acquired by purchase and its initial basis is the cost of the property.
However, if the property is acquired from a decedent, its basis to the estate or heir is its FMV either at the date of death or, if the alternate valuation date (AVD) is elected, six months from the date of death. There are certain rules for determining the adjusted basis. Once the initial basis is determined, it may be adjusted upward or downward reflecting added capital or return of investment through tax breaks.
What is Original Issue Discount (OID)?
Original Issue Discount (OID) is the excess of a debt instrument’s stated redemption price at maturity over its issue price (acquisition price for a stripped bond or coupon). Zero-coupon bonds and debt instruments that pay no stated interest until maturity are examples of debt instruments that have OID.
Generally, a debt collection is not a sale or an exchange. However, if a debt instrument is retired, amounts received by the holder are treated as being received in an exchange. Debt instruments include bonds, debentures, notes, certificates, and other evidence of indebtedness. Although Congress has provided that retirement of debt instruments be treated as exchanges, Congress is unwilling to allow taxpayers to convert large amounts of potential ordinary interest income into capital gain by purchasing debt instruments at a substantial discount.
On January 1 of the current year, the Orange Corporation issues $500,000 of 11%, 20-year bonds for $480,000.
Calculate the amount of original issue discount.
* $0
* $220
* $2,000
* $4,400
$0
There is no original discount (i.e., $0) since the discount of $20,000 ($500,000 - $480,000) is less than $25,000 (0.0025 x $500,000 x 20).
When does carryover basis occur?
Carryover basis occurs when a taxpayer receives an asset and takes the same basis as the property had in the hands of the transferor. This occurs primarily in the case of gifts.
What is the basis of appreciated property received as a gift?
The basis of appreciated property received as a gift is generally the same as the donor’s basis (i.e., carryover basis).
For assets that are gifted at a loss, what is the basis?
In situations involving assets that are gifted at a loss (i.e., below the adjusted basis of the property), we need to adopt a ‘wait-and-see approach until the asset is sold. After the sale, the gain/loss and holding period can be determined.
There are three possible scenarios:
* Scenario #1:
Gift of loss property and the final sale price is above the original basis of the donor. In this case, the donee (gift recipient) will use the donor’s original basis to calculate the gains AND will inherit the donor’s holding period.
- Scenario #2:
Gift of loss property & the final sale is below the FMV on the date of the gift. The donee will use the FMV on the date of the gift as the basis AND the holding period will begin on the date of the gift. - Scenario #3:
Gift of loss property & the final sale is in between the donor’s original basis and the FMV on the date of the gift. There will be no loss or gain and the holding period is a non-factor.
In general, the basis of appreciated property received as a gift is the _ ______??_______.
- FMV on the date of the gift
- donor’s adjusted basis
- stepped-up basis
- annual gift exclusion
donor’s adjusted basis
The basis of appreciated property received as a gift is generally the donor’s adjusted basis.
What is the Effect of Gift Tax on Basis?
If the donor pays a gift tax on the transfer of property, the donee’s basis may be increased. This increase occurs only if the fair market value (FMV) of the property exceeds the donor’s basis on the date of the gift. The increase in the donee’s basis is equal to a pro-rata portion of the gift tax that is attributable to the unrealized appreciation in the property.
The amount of the addition to the donee’s basis is determined as follows:
Gift tax paid ×((FMV at time of gift − Donor’s basis)/(FMV at time of gift − Annual Exclusion))
Ruben and Sandra are married and live in Louisiana, a community property state. They jointly own real property with an adjusted basis of $300,000. When the property has an FMV of $500,000, Ruben dies leaving all of the property to Sandra.
What is Sandra’s adjusted basis in the property?
* $550,000
* $300,000
* $500,000
* $400,000
$500,000
Because Sandra and Ruben reside in a community property state, both Sandra’s portion and Ruben’s portion of the property get a step up in basis to $500,000.
Patrick inherits property having an $80,000 FMV on the date of the decedent’s death. The decedent’s basis in the property is $47,000. The executor of the estate does not elect the alternate valuation date.
What is Patrick’s basis for the property?
Patrick’s basis for the property is $80,000.
Dianna inherits property having a $60,000 FMV at the date of the decedent’s death. The decedent’s basis in the property is $72,000. The alternate valuation date is not elected.
What is Dianna’s basis for the property?
Dianna’s basis for the property is $60,000.
John and Mary are husband and wife (not a community property state) and jointly own stock with a FMV of $200,000 and a basis of $100,000. John dies and half of the FMV is included in his gross estate.
What is Mary’s basis in the stock?
Mary’s basis in the stock after John’s death is $150,000. (Her $50,000 basis in her half plus $100,000 (the FMV of the stock used for John’s gross estate)).
Describe the alternate valuation date (AVD)
The basis of property received from a decedent is generally the fair market value (FMV) of the property at the date of the decedent’s death or an alternate valuation date (AVD). This provision can result in either a step-up (increase) or step-down (decrease) in basis but is frequently described as the stepped-up basis rule.
Instead of using the FMV on the date of death to determine the estate tax, the executor of the estate may elect to use the FMV on the alternate valuation date.
The AVD is generally six months after the date of death.
If the alternate valuation date is elected, the basis for all the assets in the estate is their FMV on that date unless the property is distributed by the estate to the heirs or is sold before the alternate valuation date.
If the alternate valuation date is used, property distributed or sold after the date of the decedent’s death and before the alternate valuation date has a basis equal to its FMV on the date of distribution or the date on which it is disposed.
If the estate is small enough that an estate tax return is not required, the value of the property on the alternate valuation date may not be used.
This means that the aggregate value of the assets determined by using the alternate valuation date may be used only if the total value of the assets has decreased during the six-month period.
Helmut inherits all the property owned by an individual who died in March when the FMV of the property was $5.8 million. Six months after the date of death, the property had a $5.95 million FMV. The property is distributed to Helmut in December.
What is Helmut’s basis in the property?
Use of the alternate valuation date is not permitted because the value of the gross estate has increased.
Therefore, his basis in the property is $5.8 million, the FMV on the date of death.
Marilyn inherits all the property owned by an individual who dies in April when the property has a $100,000 FMV. The value of the property six months later is $90,000.
What is Marilyn’s basis in the property?
Because of the size of the estate, no estate tax is due.
The alternate valuation date may not be used, and Marilyn’s basis for the property is $100,000.
Note that Marilyn would not want the alternate valuation date to be used because her basis would be $90,000 instead of $100,000.
Why would an executor elect to use the alternate valuation date?
An executor may elect to use the alternate valuation date to reduce the estate taxes owed by the estate.
However, the income tax basis of the property included in the estate is also reduced for the heirs who inherit the property.
What are the income tax implications of the stepped-up basis?
In the case of an estate that is large enough to pay estate taxes, the stepped-up basis reduces the overall tax burden.
In the case of estates below the estate tax limits or only marginally taxable, the stepped-up basis provides a significant income tax benefit at little or even no estate tax costs.
In determining which assets a sick or elderly person should sell or gift for estate tax purposes, the income tax benefits of the stepped-up basis should be considered.
Generally, assets with a low basis and a high value should be kept until death while assets with a low value and high basis ought to be disposed of first.
* True
* False
True
What happens if the decedent and the decedent’s spouse own property in community property law state?
If the decedent and the decedent’s spouse own property under community property laws, one-half of the property is included in the decedent’s estate and its basis to the surviving spouse is its fair market value (FMV).
The Internal Revenue Code also provides that the surviving spouse’s one-half share of the community property is adjusted to the FMV. In effect, the surviving spouse’s share of the community property is considered to have passed from the decedent.
Matt and Jane, a married couple, live in Texas, a community property state, and jointly own land as community property that cost $110,000. The land has an $800,000 FMV when Jane dies, leaving all her property to Matt.
What is Matt’s basis for the property?
His basis for the entire property is $800,000.
What happens if the decedent and the decedent’s spouse own property in a common-law state?
In a common-law state, only one-half of the jointly owned property is included in the decedent’s estate and is adjusted to its FMV. The survivor’s share of the jointly held property is not adjusted.
Barry and Maria, a married couple, live in Iowa, a common-law state, and jointly own land that cost $200,000. The property has a $700,000 FMV when Barry dies, leaving all his property to Maria.
What is Maria’s basis for the land?
Her basis for the land is $450,000 [$100,000 + (0.50 x $700,000)].
What is Original Basis?
Original Basis: In most cases, the basis of property is its cost. Any costs of acquiring the property and preparing the property for use are included in the cost of the property.
Define Original Issue Discount
Original Issue Discount is defined as “the excess (if any) of the stated redemption price at maturity over the issue price.”
What is Carryover Basis?
Carryover Basis: is the basis in the hands of a transferee that is the same as the basis of the transferor.
Pete wants to make a gift of either ABC common stock (basis of $44,000 and FMV of $50,000) or XYZ common stock (basis of $73,000 and FMV of $50,000) to his nephew. Pete and his nephew have the same tax rate. Which of the following reasons suggest that Pete should give the ABC stock to his nephew? (Select all that apply)
* Pete should give the ABC stock to his nephew because the nephew’s basis for determining a gain or loss is $44,000 plus a portion of any gift tax Pete pays.
* Pete should give the ABC stock to his nephew because the nephew’s basis for determining a gain or loss is $73,000 plus a portion of any gift tax Pete pays.
* The nephew’s basis for XYZ common stock is $50,000 to determine a loss and $73,000 to determine a gain.
* If the nephew sells XYZ stock for less than $73,000 but greater than $50,000, no gain or loss is recognized and thus some of the potential loss is not used.
- Pete should give the ABC stock to his nephew because the nephew’s basis for determining a gain or loss is $44,000 plus a portion of any gift tax Pete pays.
- The nephew’s basis for XYZ common stock is $50,000 to determine a loss and $73,000 to determine a gain.
- If the nephew sells XYZ stock for less than $73,000 but greater than $50,000, no gain or loss is recognized and thus some of the potential loss is not used.
Pete should give the ABC stock to his nephew because the nephew’s basis for determining a gain or loss is $44,000 plus a portion of any gift tax Pete pays. The nephew’s basis for XYZ common stock is $50,000 to determine a loss and $73,000 to determine a gain. If the nephew sells XYZ stock for less than $73,000 but greater than $50,000, no gain or loss is recognized and thus some of the potential loss is not used. Furthermore, the nephew’s basis for the XYZ stock is not increased if Pete has to pay a gift tax on the $35,000 ($50,000 FMV- $15,000 present interest gift tax exclusion) taxable gift.
Robert gave property with a basis of $1,300 to Sally when it had a fair market value (FMV) of $1,100. Sally later sold the property for $2,000 resulting in a recognized gain of:
* $0
* $200
* $700
* $900
$700
When Sally sells at a gain she can use up to Robert’s original basis as her basis. $2,000 - $1,300 = $700.
Rocky purchases stock of ABC Corporation for $19,000. He pays a commission of $300 to purchase the shares. Rocky later sells the stock. In computing his gain or loss, what is Rocky’s original basis?
* $19,300
* $19,000
* $18,700
* $19,150
$19,300
Rocky’s basis is $19,300 ($19,000+$300). The original cost basis is calculated by using the initial purchase price plus any additional cost incurred to obtain the investment.