ITX - 38 Flashcards
(38.2) Capital assets are all of a taxpayer’s assets, except:
- inventory or property
- depreciable property
- real estate
- accounts or notes receivable
- supplies
- copyright, composition, or artwork, if held by the creator
(38.2) Holding period: long-term asset if held for?
more than 12 months.
(38.2) Holding period: short-term asset if held for?
12 months or less
(38.2) Holding period for assets purchased?
The day after purchase and includes the day of disposition
(38.2) Holding period for property, partnership interests, or stock acquired through an exchange: the basis in the acquired property is determined by reference to ___ (as in a like-kind exchange); then, the holding period of the asset received includes the holding period of ___.
the property given up
the property given up
(38.2) Holding period of a gift: The ___ holding period includes the time the ___ held the property, but does not include the time that the property was held by the ___ if the property was sold at a ___ and the FMV was less than the ___ adjusted basis at the time of the gift.
donee's donor donor loss donor's
(38.2) Holding period of a bequest: Always considered by the recipient for ___, unless it is purchased by the estate for distribution to the recipient.
more than a year
(38.2) Total tax on long-term capital gains rate for taxpayers in the 39.6% tax brackets.
23.8% (20% + 3.8% Medicare Contribution tax on unearned income)
(38.2) Total tax on long-term capital gains rate for taxpayers in the 33% and 35% tax brackets.
18.8% (15% + 3.8% Medicare Contribution tax on unearned income)
(38.2) Total tax on long-term capital gains rate for taxpayers in the 25% and 28% tax brackets.
15%
(38.2) Total tax on long-term capital gains rate for taxpayers in the 10% and 15% tax brackets.
0%
(38.3) Capital gains recognized when assets are held for 12 months or less are taxed as ___.
ordinary income
(38.3) Losses from sale of capital assets: Only $___ per year of net capital losses can be used to reduce ordinary income.
$3,000
(38.3) The ___ on municipal bonds are subject to tax, even though the ___is free of federal income tax.
capital gains
interest income
(38.3) Short-term capital losses can offset ___, long-term capital losses can offset ___, and net-short term capital gains can offset ___.
short-term capital gains (or losses)
long-term capital gains (or losses)
net long-term capital gains (or losses)
(38.4) Capital gains rate for collectibles
28%
(38.4) Capital gains rate for unrecaptured Section 1250 gain (real estate)
25%
(38.4) To qualify, the taxpayer must have owned and occupied the home as a principal residence in __ years before the sale. The exclusion may only be used every ___ years.
two out of the last five
two
(38.4) If the taxpayer acquired the home in a like-kind exchange, the taxpayer must have owned the home for __ years to qualify for an exclusion.
five
(38.4) If the client lived in the home for less than two years due to unforeseen circumstances, the maximum exclusion is multiplied by ___ divided by ___.
the number of months lived in the home
24
(38.5) Widowed spouses are able to claim the $500,000 exclusion when they sell their principal residence provided the home is sold within ___ years of the deceased spouse’ death.
two
(38.6) The maximum amount of time allowed to be away from the home and still qualify as qualified use is ___ years for the change of employment, health condition or other unforeseen situations.
two
(38.6) The unearned income medicare contribution tax: The tax applies to investment income from?
- dividends
- interest
- annuities
- royalties
- rents
- gains from disposition of property
- income from passive activities
- gain in excess of Sec. 121 exclusion ($500,000 MFJ, $250,000 single)
(38.7) A taxpayer cannot create a __ with a home office deduction. Home office expenses can only offset ___.
loss
net income
(38.7) Deduction for home office expenses: If depreciation is taken as an expense for a home office, the depreciation is subject to ___ at the time of the sale of the residence. The gain is ___ gain and is subject to a maximum tax rate of ___%.
recapture
unrecaptured Section 1250 gain
25%
(38.7) Deduction for home office expenses: Deduction is determined by multiplying the allowable square footage (not to exceed ___ square feet) by $___. The maximum a taxpayer can deduct annually under the safe harbor is $___.
300 square feet
$5
$1,500
(38.8) Assets used in a trade or business: Section 1231 applies if assets have been held for ___.
more than 1 year
(38.8) Assets used in a trade or business: If a Section ___ loss is deducted, and a Section ___ gain is realized in any of the subsequent __ years, then subsequent gains are treated as ___ income, to the extent of the loss.
1231
1231
5 years
ordinary
(38.8) Depreciation recapture: All assets subject to depreciation recapture provisions of Sections ___.
1245 & 1250
(38.8) Depreciation recapture: Section ___ covers personal property
1245
(38.8) Depreciation recapture: Section ___ governs real property sales
1250
(38.8) Depreciation recapture: Section 1245 covers ___.
personal property
(38.8) Depreciation recapture: Section 1250 governs ___.
real property sales
(38.8) Depreciation recapture: For Section 1245 property that has depreciated, the gain is separated into two parts:
- The depreciation deduction that reduced basis
- The remaining gain
(38.8) Depreciation recapture: The gain attributable to depreciation deduction is taxed as ___ income and is called ___. Any remaining gain is a ___ gain, as stated in Section ___.
ordinary
depreciation recapture
capital gain
Section 1231
(38.9) Section 1245 Property Recapture: The recapture look-back only applies to ___ property (tangible property that is not ___).
1245
real estate
(38.9) Section 1245 Property Recapture: If the property is sold for a gain, the amount of cost recovery deduction taken will be taxed as ___. Any gain in excess of the cost-recovery deduction is ___ gain (taxed at capital gains rate).
ordinary income
1231 gain
(38.9) Section 1245 Property Recapture: 1231 gain (capital gain) = The gain is realized as calculated by ___.
the difference between the purchase price and the selling price
(38.9) Section 1245 Property Recapture: 1245 gain (ordinary income) = If the ___ gain is realized, then the cost-recovery deduction (depreciation) is taxed at ordinary income rates
1231
(38.9) Section ___ and ___ are treated as depreciation deductions for depreciation recapture purposes
Section 179 and the bonus depreciation