Module 2: Taxable and Nontaxable Dispositions Flashcards
What is the difference between realized and recognized?
Realized = Real worlds Recognized = Record on the records/tax return
What is the formula for calculating gain or loss at disposition?
Amount realized
= Gain or Loss
When would a gain not be recognized?
if you can HIDE IT, you don’t have to recognize it
Homeowner's exclusion Involuntary conversion Divorce property settlement Exchange of like-kind (business) Installment sale Treasury capital stock
When would a loss not be recognized?
WRaP up your losses, and throw them away
Wash sale losses
Related party losses
and
Personal losses
Taxable gain
Realized gain to the extent of boot/loot recognized
HOMEOWNER’S EXCLUSION (Hide it)
What is the homeowner’s exclusion for?
An exclusion related to the sale of the taxpayer’s personal principal residence
HOMEOWNER’S EXCLUSION (Hide it)
What is the exclusion amount?
$500K available for married couples
$250K available for single, MFS, or HH
Excess gain is taxable
HOMEOWNER’S EXCLUSION (Hide it)
How do you qualify for the exclusion?
- Taxpayer must have owned & used the property as a principal residence for 2+ years during 5 year period ending on date of sale/exchange
- Periods of ownership & use do not have to be continuous; HOWEVER, gain eligible for excusion may be reduce b/c nonqualified use
- Either spouse for joint return must meet ownership requirement, but both spouses must meet use requirement for $500K exclusion
- Widow/widower sells home that surviving spouse owned/occupied w/decedent spouse ==> suriving spouse entitled to full $500K if sold w/in 2 years of death
- No age requirement
- No rollover to another house
- Exclusion is renewable
- May use as often as available over lifetime, but not more than once every 2 years
HOMEOWNER’S EXCLUSION (Hide it)
What is the nonqualified use provision?
Nonqualified use is any use of the home for a reason other than use as a principal residence
Prorate gain exclusion
HOMEOWNER’S EXCLUSION (Hide it)
Hardship provision
Partial exclusion if the sale is due to a change in place of employment, health, or unforeseen circumstances
HOMEOWNER’S EXCLUSION (Hide it)
What is the max exclusion for the hardship provision?
Calculated as the months of qualifying ownership divided by 24 months multiplied by the max exclusion available to the taxpayer
INVOLUNTARY CONVERSIONS (hIde it) What is the rationale for involuntary conversions of property?
The taxpayer’s reinvestment of the involuntaryily received proceeds restores him to the position he held prior to the conversion
INVOLUNTARY CONVERSIONS (hIde it) To what extent would the gain on an involuntary conversion be recognized?
To the extent of the amount not reinvested (taxable boot/loot)
INVOLUNTARY CONVERSIONS (hIde it) What is the replacement period for personal property?
Two years from year-end
INVOLUNTARY CONVERSIONS (hIde it) What is the replacement period for condemned business property?
Three years from year-end
INVOLUNTARY CONVERSIONS (hIde it) What is the basis of property acquired as a result of involuntary conversion?
Cost of such property decreased by the amount of any gain not recognized upon such conversion
Basis = Nontaxable = NBV
INVOLUNTARY CONVERSIONS (hIde it) When is a gain recognized?
When there is boot (amount received exceeds the cost of replacement