Tax Lesson 1 Flashcards
Most personal use assets are
Capital Assets
Items that are not capital assets
ACID
Accounts & notes receivable
Copyright & created works if held by creator
Inventory
Depreciable property used in trade or business
Example Exam Question:
Which of the following is a capital asset?
A. Copyright on textbook owned by author
B. Painting owned by art collector
C. Office furniture used in business
D. Not receivable
B
Ordinary income assets
When sold result in ordinary income
Usually include inventory, accounts receivable, creation/copyright in hands of creator
Section 1231 Assets
Used in trade or business
Depreciable property
Real property
Do not include inventory, property held primarily for sale in ordinary course of trade/business, copyrights/created works
Specifically includes timber, coal, iron ore, livestock, unharvested crops
When property is acquired in taxable exchange, cost is:
When property is acquired subject to mortgage, basis is:
When property is acquired as a dividend in kind or compensation for services, basis is:
FMV
FMV
FMV at time of acquisition
Example Exam Question:
Buys machine at $58,000. Pays freight of $6,000. Paid additional 5% purchase price in sales tax. Hired local company to install & paid $10,00. What is basis?
A. $64,000
B. $66,900
C. $74,000
D. $76,900
D
Increases to Basis
Capital improvements Assessments for local improvements Restoring damaged property after casualty loss Legal fees Zoning costs
Decreases to Basis
Exclusion from income of subsidies for energy conservation measures
Casualty/theft loss deductions & insurance reimbursements (business only)
Deduction for clean fuel vehicles
Section 179 deduction
Credit for qualified electric vehicles
Depreciation
Non taxable corporate distributions
Adjusted Taxable Basis - property acquired by non taxable exchange
Carryover basis if exchanged for equal value
Carryover + boot if exchanged for more valuable asset
Carryover - boot if exchanged for less valuable asset
Special Basis Rules
Basis for inherited property is a step to FMV (up or down)
Holding period is always long term
Example Exam Question:
Susie died & left niece 1000 shares of stock. Acquired December 12, 2021 for $25/share. Died February 14, 2022. Niece sold stock for $28/share on February 28, 2022. What is nature of her gain?
A. Short term capital gain
B. Long term capital gain
C. Part short term part long term capital gain
D. Ordinary income
B
Gifted property general rule
Carryover basis
Gifted property exception 1
When FMV less than donor’s basis Double basis rule For gains: carryover basis For losses: FMV on date of gift In between: doesn’t matter, no gain/loss
Gifted property exception 2
Gift tax paid
Basis when gift tax paid formula
Basis = donor’s basis + [(appreciation/value of taxable gift)x gift tax paid]
Loss on gifted property
Basis is lower of donor’s basis or FMV at time of gift
Holding period for gifted property
General rule: holding period includes donor’s time
If double basis asset sold for loss, holding period only donee’s time
Example Exam Question:
Mike gifted 100 shares stock to James. Mike had basis of $40/share. FMV at gift $65/share. What is James’ basis?
A. $25/share
B. $40/share
C. $65/share
D. $105/share
B
Example Exam Question:
Mike gifted 100 shares stock to James. Mike had basis of $40/share and held for more than 2 years prior to gift. FMV at gift $65/share. If James sells for $90/share 10 months after date of gift, what will gain or loss be?
A. $2500 LTCG
B. $2500 STCG
C. $5000 LTCG
D. $9000 STCG
C
Example Exam Question:
Allison gifted 100 shares stock to Joe. Allison’s basis $55/share & held more than 2 years. At gift: FMV $40. What are tax consequences to Joe if he sells 2 years after date of gift for $48/share?
A. $700 loss
B. $800 gain
C. $1500 gain
D. No gain/loss
D
Example Exam Question:
Donna gifted 100 shares stock to Colin. Donna had basis of $40/share & held for more than 2 years. At gift $65/share. Donna paid $2600 gift tax. Annual exclusion did not apply. What is Colin’s basis in stock?
A. $25/share
B. $40/share
C. $50/share
D. $65/share
C
Example Exam Question:
Sold land owned for $150,000. Received 5 years ago as wedding gift. Originally purchased many years ago for $20000. At gift worth $100000. Gift tax paid $47000 (annual exclusion did not apply). What is LTCG on sale?
A. $42400
B. $50000
C. $92400
D. $130000
C
Divorce basis
Carryover
Example Exam Question:
Carl & Caroline getting divorced. Carl agrees to pay $200/mo & transfer ownership of 2nd home (not personal residence) that has value or 300,000 mortgage of 140,000 & adjustable tax basis of 185,000. Owned 3 years. Within 3 months Carolyn sells home for 310,000. What are tax consequences?
A. 10,000 STCG & 115,000 LTCG B. 125000 LTCG C. 125000 STCG D. No recognized gain due to 250000 exemption E. 10000 STCG
B
Related Party Transactions Rule
Only matters in loss
Double basis: FMV for losses, transferor’s basis for gains
Holding period always begins date of sale
Example Exam Question:
Mel purchased 100 shares for $5000 3 years ago. Last week sold to brother Isaiah for $4200. Isaiah sells shares today for $4300. Which best represents Isaiah’s sale?
A. $100 LTCG
B. 100 STCG
C. 700 STCL
D. No tax loss or gain
D
Example Exam Question:
Joe incurred extensive medical bills. Sibling Joseph purchased 300 shares stock 10 years ago for $8600. Worth $7500 currently. Joseph gifts to Joe for medical bills. Joe sells for $7400. Which best represents transaction for Joe?
A. $100 LTCL
B. $100 STCL
C. $1200 STCL
D. No tax loss or gain
B
Bargain Sales to Charity
Basis= (amount realized/FMV) / original basis
Taxpayers with AGI over 200k (single) or 250k (mfj) also subject to
3.8% Medicare contribution tax on investment income for AGI that exceeds threshold
I’m calculating holding period, day of disposition in included
Day of acquisition is not included
Gains only taxed when
Both realized & recognized
Realized
Disposition of asset
Segregation of gain
Recognition
When gain is taxed
Amount realized - adjusted basis = __?
Cost of property + capital additions - cost recovery = __?
Realized gain/loss
Adjusted basis
Ordinary gains are
Ordinary losses are
Fully taxable
Fully deductible
Capital gains/losses
Subject to special tax treatment
Party giving up or shedding debt
Seemed to have additional amount realized
Party taking in debt
Depends to be paying that amount in the exchange
Sale of mortgaged real estate can yield
Phantom income
Losses generated on personal property exchanges/sales
Not permitted for tax deduction
Index fund for index fund
Index fund for managed large cap fund
Yes wash sale
Not not wash sale