More Tax Flashcards
Section 267 Related Persons
- Spouse
- Child
- Grandchild
- Parent
- Sibling
- Related entities: if the taxpayer owns more than 50% of the stock (corp) or interests (LLCs/partnerships)
At-risk rule
taxpayer can only deduct losses to the extent that there is enough basis (or the amount at-risk)
Passive loss treatment
Only to the extent of passive income
RE Active Participation Deduction
Up to $25,000
Requirements for RE Active Participation
- 10%+ ownership AND
- Substantial involvement in managing the property
Personal use property
rented 14 days or less
Rental use property
Used for personal use less than (larger of):
1. 14 days OR
2. 10% of the # of days rented
Mixed-use property
- not able to meet the minimum personal use requirements
- not able to meet the maximum personal use requirements to be a rental
Deductions for personal use RE
Itemized deductions:
Mortgage interest and property taxes (Primary/secondary)
Deductions for rental use RE
- Trips made to property for maintenance and repair
- All expenses
- Passive losses ($25,000 limit)
Deductions for mixed-use RE
- Gross rental income is the limit (may be $0 but not negative)
- Unused losses carried forward but subject to net income rule
IRC Section 121
allows for the exclusion of gains on the sale of a personal residence for up to $250k (single) or $500k (MFJ)
Requirements for Section 121
- Ownership Test: owned the property 2 of the last 5 years (one owner)
- Usage Test: must have used the property as the personal residence for 2 of the last 5 years (both spouses/US)
Acceptable reasons for a reduced section 121 exclusion
- Job relocation
- Employment change
- Qualifying for unemployment
- Health issues
- Divorce or legal separation
- Birth of twins or other multiplies
- Damage to home from disaster
- Condemnation or seizure of the poetry
- Other unforeseen circumstances
Identify property that is not classified as a capital asset
Accounts or notes receivable acquired in the ordinary course of business
Copyrights: a literary, musical, or artistic composition; a letter, memo, or similar property created by the taxpayer
Inventory or property held primarily for sale to customers in the ordinary course of business
Depreciable property used in business (e.g. Section 1231)
Best method for determining cost basis for tax planning
specific identification
Tax rate on selling collectibles
28%
IRS default method for determining cost basis
FIFO
Short-term capital assets are taxed at
ordinary income rates
Unrecaptured 1250 gains are taxed at
25%
Capital loss limit per year
$3000 ($1500 for MJS), indefinite carry forward
Section 1231 property
- property used in business
- property held for the production of income
Benefit of Section 1231 property
- Gains are taxed as capital gains
- Losses are taxed as ordinary losses