Property Transactions Flashcards
what is the basis of property received from a decedent through inheritance
the fair market value of the property at the date of death
gain basis
the donors adjusted basis
loss basis
the lower of fair market value or the adjusted basis
if an asset is sold at a price in between the gain and loss basis, what is the gain/loss on the sale?
nothing is recognized
alternate valuation date
the basis of property becomes its fair market value on the date that is six months after the date of death
Code Section 1231 assets
inventory, accounts receivable and depreciable property or real estate used in business (held for over 1 year)
Capital assets
any property held by a taxpayer, property held for investment use and personal use. Does not include inventory, A/R, or depreciable property or real estate used in business
If an individual has a net capital loss, how much can they deduct per year?
3,000 (deduction for AGI and is limited to taxable income - any excess loss carries forward)
how can corp use a net capital loss?
only to offset a net capital gain
how can a corp net cap loss be carried?
Back 3 year and forward 5 years (treated as short term)
what happens when section 1231 gains exceed section 1231 losses
long term capital gain (subject to a lookback limit for losses during the previous 5 years)
Section 1231 losses are considered
ordinary losses
lookback provisions
net section 1231 gains must be offset by sec 1231 losses from the preceding 5 tax years that have not previously been recaptured. (to the extent of these losses, the gain is treated as ordinary income)
tangible assets that are used in a trade or business and owned for one year or less are:
ordinary assets
what is taxed at 25%
gain on the sale of realty to the extent of straight-line depreciation claimed on the asset