Chapter 8 Flashcards
Amount Realized
Tax Sales Price (cash, non-cash asset, debt relief)
Realized gain/loss =
Amount realized - adjusted tax basis
Seller-Financed Sales (N/R)
Only pay tax in cash received (only for gains)
Gross Profit Percentage (GPP)
Realized gain / amount realized
Seller-Financed Sales:
Recognized gain
Cash received by year end
X
GPP
SFS: Note Basis
Cash/note outstanding
X
(1-GPP)
What if the company sells the note/pledge as collateral?
Any deferred gain is immediately recognized.
Deferred gain X GPP
Related Party Losses
Disallowed.
The disallowed loss may be used in a future unrelated party transaction with the same asset up to the amount of the gain.
Tax Character
Ordinary gains/losses: taken without limit
Capital gains/losses: only deducted to the extent of capital gains
- can carry back 3yrs or forward 5yrs
Section 1231
Real or depreciable property used in a trade or business (including real estate and intangible assets subject to amortization)
Recapture rules only apply to gains and always make them ordinary.
1231 owned one year or less
Gain/loss is ordinary
Net 1231 gain/loss
Gain —> capital
Loss —> ordinary
Recapture Rules: Personalty (1245)
A/D must be recaptured as ordinary, but capped at the amount of the gain.
Recapture Rules: “Old” Realty (1250)
(Pre 1987)
The amount that accelerated depreciation exceeds S/L is recaptured as ordinary
Recapture Rules: Corporation Realty (291)
Pretend it’s personalty (1245), then subtract the 1250 gain. Multiply answer by 20% = ordinary gain (291)
(1245 - 1250) X .20 = (291)