When is Gross Income Reportable: NonRecognition of Property Transaction Flashcards
Nonrecognition on Property Transaction
Sometimes, sale or exchange of property that normally give rise to realized gains/loss is not realized, and is instead postponed.
Gain/Loss Not Recognized on Sale When:
Transferred Between Spouses, Divorce Settlements, Like-Kind Exchange
Transferred Between Spouses
Any transfer between living spouses is a nonrecognition
Divorce Settlements
Nonrecognition rules applies
Like-Kind Exchanges (Carry Over Basis)
No gain/loss is recognized if business OR investment property is exchanged for an other business or investment property of LIKE-KIND.
Like-Kind Property
All real-estate is like kind, intangible property does not qualify, inventory AND other property that taxpayer hold for sale to customers DOES NOT QUALIFY.
Boot Definition
If taxpayer recieves money or non-like property in exchange.
gain is recognized up to the lesser of: the realized gain OR amount of boot.
CANNOT recognized more gain than realized.
Involuntary Conversion
Rollover Privions - taxpayer can transfer property inexchange for case and still get nonrecognition, SO LONG AS he/she replaced property given up.
Time Period - begins when conversion takes place, and ends TWO YEARS after the end of that year.