Gains and Losses from Property Dispositions Flashcards
Realized Gain
When taxpayer has an amount realized IN EXCESS of taxpayer’s adjusted basis in the transferred property
Realized Loss
When taxpayer has an amount realized that is LESS THAN of taxpayer’s adjusted basis in the transferred property
Amount Realized
Cash Received + FMV of Property Received + Debt Relief = Amount Realized
Adjusted Basis
Original Basis + Cost of Improvements - Depreciation Allowed = Adjusted Basis
Original Basis
Generally, COST incurred to acquire the property
Realized Gain: Is this Gain RECOGNIZED (i.e., included in gross income)?
All realized gains are recognized except as provided elsewhere
No recognized gain or loss from like-kind exchange of real property
No recognized gain from an involuntary conversion of property, as long as the taxpayer uses any conversion proceeds to purchase replacement property within a short period of time
No recognized gain on the transfer to a spouse or to a former spouse when the transfer is incident to the divorce
Realized Gain: What is the CHARACTER of the Gain?
There is a preferential tax rate for LONG-TERM CAPITAL GAINS
Definition of Long-Term Capital Gain
(1) Gain from the sale or exchange;
(2) Of a capital asset (not related to the taxpayer’s trade or business and not a self- created intangible);
(3) Held for more than one year
Realized Loss: Is the Loss RECOGNIZED (deductible)?
(1) Business losses
(2) Investment losses
(3) Casualty and theft losses
Realized Loss: What is the Character of the Loss?
Capital losses are only deductible to the extent of capital gains plus up to $3,000
Any net capital loss carries over to the next taxable year