R3 - Memory Flashcards

Memory

1
Q

HE:Homeowners exclusion qualification

A

must have owned and used the property as a principal residence TWO years or more during the FIVE year period ending on the date of the sale or exchange by the tax payer. Periods of ownership use do not have to be continuous. EITHER spouse must meet the ownership requirement but both spouses must meet the USE requirement.

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2
Q

HE:homeowners exclusion limits

A

MFJ and certain surviving spouse - 500K

Single, MFS, and head of household - 250K

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3
Q

HE:Surviving spouse - homeowners exclusion

A

entitled to the full 500K provided house sold within two years of death

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4
Q

HE:Hardship provision - if you do not meet ownership test

A

number of months of qualifying over 24 months

The original exclusion is multiplied by this amount

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5
Q

HE:Reduced homeownership exclusion- Non qualified use

A

If you rent the house that is unqualified use , Period of rent over 4 years * gain will be included in your income

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6
Q

HE:hardship vs non qualified use

A

total exclusion vs gain

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7
Q

IC: Involuntary conversions ( replacement prop must serve the same function

A

Only taxed on the amount not reinvested

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8
Q

IC: Basis of the new asset

A

Old basis=new basis + any amount not reinvested

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9
Q

IC: personal property

A

reinvestment must occur two years from year end for principal residence its four years

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10
Q

IC: Condemned business property

A

reinvestment must occur Three years from year end

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11
Q

IC: Condemned business property basis

A

NBV of new property-deferred gain

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12
Q

IC Rules apply to gains only

A

only gains not losses

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13
Q

DC: Divorce property settlement

A

Nontaxable= NBV basis

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14
Q

EX : of like kind

A

like kind exchange of REAL property use in trade or business or held for investment. Note personal like kind does not qualify for non recognition treatement

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15
Q

EX : of like kind

A

Make sure you know what is real property vs personal property

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16
Q

EX: of like kind timing requirements

A
  1. Identify within 45 days that’s it like kind AND
  2. ## like kind prop must be received earlier of 180 days and tax return file date
17
Q

EX: like kind gain

A

Boot/loot +FMV of Non-likekind property RECEIVED

18
Q

EX: like kind gain

A

Gain is calculated based on the old property FV old- BV old .

19
Q

EX: like kind gain - Realized vs recognized

A

Realized = Amt realized - adj basis

Recognized : Upto Boot/Loot Plus FMV on non inkind

20
Q

EX: Like kind basis of prop received

A
  • No boot , basis of prop received = basis of prop given up

- Boot, basis of prop receied = FMV of prop rec-Def gain + def losses

21
Q

EX : like kind loss

A
  • Not recognized only realized. All of the loss is deferred and increases the basis of the new property
22
Q

EX : Amount realized

A

Amount realized: ( boot rec : Cash +FMV of prop rec+net relief from liability) - FMV of boot paid ( Cash +FMV of prop paid+net liability assumed)

23
Q

Installment sales

A

Taxed when payment is received otherwise deferred

24
Q

Treasury and capital stock transactions ) by corp

A

Corps are precluded from any tax benefits whether gain or loss resulting from dealing with own stock : sales of stock by corp, repurchase of stock, resissue of stock

25
Q

Wash sale loss

A

Sold for a loss and is repurchased 30 days before or after the SALE DATE

26
Q

Wash sale : basis of repurchased security

A

Purchase price + Disallowed loss

27
Q

Wash sale : date of acquisiiton

A

Purchase date of original security

28
Q

Make sure

A

you know the difference between a realized loss and a recognized loss

29
Q

Related party transactions

A

Losses are disallowed

30
Q

related party transactions

A

Basis are same as gift tax rules

31
Q

Personal loss

A

No deduction allowed on personal loss , itemized dedu may be allowed on personal casualty losses

32
Q

Character of gain or loss

A

When a tax payer disposes of property the gain or loss is classified as capital or ordinary . This depends on the nature of the asset disposed.

33
Q

Capital assets

A

Personal auto, personal furniture and fix, interest in a partnership, goodwill of a corp, personal property not used in trade or business, stocks and securities of all types ( except those held by dealers), real property not use in trade or business, copywrigts, literary, musical or artisticial comps that have been purchases, other aassets held of investments

34
Q

Reporting disposition of cap assets

A

form 8949

35
Q

Non-capital assets

A

Inventory, depre personal property used in trade or business( 1231,1245,1250) May be capital or ordinary

36
Q

non cap

A

opywrigts, literary, musical or artisticial comps that have been held by original artists ( Exception sales of music comp hely by original gets cap gains treatement)

37
Q

non-cap

A

treasury stock