Chapter 4 Section 1: Property Taxation Flashcards
Define Real Property
Land and building
Define Personal Property
Machinery, equipment, and cars
Define Capital Assets
Property (real and personal) held by the taxpayer
Define Noncapital Assets
Business use assets
If works of art were purchased, are they capital or non?
What if they are held by the original artist?
Purchased: Capital
Real: Noncapital (because it’s inventory)
What is the basic formula for calculating capital gain or loss?
Amount Realized
- Adjusted Basis of Asset Sold
What is the amount realized for:
- Cash
- Assumption of debt by buyer
- Property received
- Services received
- actual amount (boot)\
- excess = boot
- FMV
- FMV
What is the adjusted basis of the asset sold when it is purchased property?
Generally, the cost
Increase for improvements and decrease for depreciation
What is the adjusted basis of the asset sold when it is gifted property?
What is the exception?
Generally the donor’s rollover cost.
Exception: When the FMV is lower than the cost, use the lower of the two.
Explain how basis is calculated for gifted property when sold higher than cost, lower than FMV, or between them?
If FMV is higher, always use cost.
If FMV is lower and you sell higher than cost, use cost to calculate gain
If FMV is lower and you sell lower than that, use FMV to calculate loss
If FMV is lower but you sell between FMV and cost, there is no G/L
What is the adjusted basis of the asset sold when it is inherited property?
Step up (down) to FMV
What is the holding period for gifted assets?
It assumes the donor’s holding period
What is the holding period for inherited assets?
Automatic long-term
What date do you determine FMV at for inherited property?
General: date of death
Alternate: earlier of distribution date or 6 months after sale
What gain is always taxable?
Gain to the extent of boot (cash or COD)
What are the items on which realized gain is not recognized?
HIDE IT
Homeowner's Exclusion Involuntary Conversion Divorce Property Settlement Exchange of Like Kind (business) Installment Sale Treasury Capital and Stock
What is the homeowner’s exclusion?
When you sell your house, you can exclude 500,000 of the gain (married - 250,000 single)
What is the age requirement on the homeowner’s exclusion?
Do you have to rollover to another house?
How many times can you use it?
There isn’t one
No
As many as you want - it’s renewable
What is the involuntary conversion exclusion?
You don’t have to include the gain on involuntary conversions up to the amount you reinvest in whatever was converted. You do recognize what you don’t reinvest.
You still recognize losses
For the involuntary conversion exclusion, how soon do you need to reinvest personal property?
Business?
2 years from year-end
3 years from year-end
What is excluded from the like-kind business/investment assets exclusion?
Inventory, stock, securities, partnership interests, real property in different countries