Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
MODULE 19 Computing Gain or Loss on Disposition of Assets Menu 1. Computing gains and losses 2. Basis considerations 3. Installment sales Computing Gains and Losses Key Learning Objectives The gains and (losses) formula Applicable law Amount realized Adjusted basis The Gains and (Losses) Formula Sales price -Selling expenses Amount realized -Adjusted basis Realized gain (loss) -Deferred gain (loss) Recognized gain (loss) Applicable Law The gain or loss from the sale of property Determined by the law in force at the date of sale Depreciation adjustments reduce basis Determined by the law in force at the time the property is acquired Amount Realized Sum of Any money received Plus FMV of property received Less any selling expenses Adjusted Basis Uncovered Cost of the Asset Original cost basis Minus cost recoveries Plus improvements Basis Considerations Key Learning Objectives Recovery of capital doctrine Determining cost basis Cost basis factors Gift basis Property acquired from decedent Property converted from personal use Adjusted Basis Determined by How acquired Purchase Gift Inherited Basis Determined by Purchase Purchase Cash/FMV of property received Debt assumption Non-deductible improvements Basis Determined by Gift Note: D= doner; D'e = donee; Date of gift = DOG General rule if FMV > basis at DOG Use D's basis and Adjust for gift taxes If FMV < basis at DOG see special rules Basis Determined by Gift Adjustment for Gift Taxes Paid D = doner; D'e = donee; DOG = date of gift Gift taxes are paid by D Gift taxes are based on FMV at DOG Adjustment to D’e basis only if FMV > basis at DOG D’e gets gift taxes relating to appreciation [FMV- basis] FMV In Class Exercise: Adding Gift Taxes to Basis D = doner; D'e = donee; DOG = date of gift At DOG FMV = $17,000 D’s basis = 13,500 Gift tax = 2,000 Calculate D’e basis Solution--In Class Exercise: Adding Gift Taxes to Basis Property is appreciated at DOG So start with adjusted basis of $13,500 Add % of gift taxes relating to appreciation $412 Gift taxes x (FMV - AB) ÷ FMV $2,000 x ($17,000 - $13,500) ÷ $17,000 Total basis to D'e = $13,912 ($13,500+$412) Basis Determined by Gift FMV < Basis at DOG D = doner; D'e = donee; DOG = date of gift No adjustment for gift taxes Basis (AB) determined when D’e sells If used by D’e and subject to depreciation, use FMV at DOG Basis Determined by Gift FMV < Basis at DOG D= doner; D'e = donee; DOG = date of gift Sold for > D's basis then AB = D's basis < FMV at DOG then AB = FMV at DOG < D’s basis BUT > FMV at DOG AB = Amount realized No gain/loss recognized to D’e In Class Exercise: Gift Basis FMV < Basis at DOG D = doner; D'e = donee; DOG = date of gift At DOG: AB = $12,000 FMV = $10,000 D’e sells at a later date for: Case A B C AR = $13,000 $11,000 $9,000 What is adjusted basis in each case? What is total gain realized? In Class Exercise: Gift Basis FMV < Basis at DOG At DOG: AB = $12,000 FMV = $10,000 Case A B C AR = $13,000 $11,000 $ 9,000 AB = 12,000 11,000 10,000 GL = $ 1,000 0 (1,000) Note that you would plug any basis for AR between $10,000 and $12,000 Conversion From Personal Use Follow rules similar to gift rules If FMV > A/B use A/B If FMV < A/B use FMV In Class Exercise: Conversion from Personal Use John has an automobile used 100% for personal purposes for two years He converts it to 100% business use when A/B = $16,000 FMV = $8,500 What is John’s basis for business purposes? Solutions: In Class Exercise: Conversion from Personal Use He converts it to 100% business use when A/B = $16,000 FMV = $8,500 John uses $8,500 since FMV is lower than A/B when the property is converted The $7,500 decline in value is considered to be a non-deductible personal expenditure Basis Determined by Inheritance Use value reported on estate’s tax return Generally FMV at date of death (DOD) Estate may choose to use alternative valuation date FMV 6 months after DOD Installment Sales Key Learning Objectives Eligible sales Ineligible sales Mandatory reporting Gain reported Problem areas Installment Sale At least one payment is received after the close of the tax year in which the disposition of the asset occurs Ineligible Sales Dealer disposition of property held for sale to customers Gains relating of the recapture provisions of §1245 and §1250 Stock or securities traded on an established securities market Property of any kind regularly traded on an established market Mandatory Reporting Unless Election Out Any sale that is covered by the definition of an “installment sale” Must elect out of the installment method to avoid Election out attached to a timely tax return Entire gain included in income for the taxable year Consequences of Electing Out of Installment Method Cash basis amount realized Money Accrual and FMV of property basis amount realized Money and FMV of property Face value of any obligation received Installment Method Gain Reported As Cash Collected Gross profit = A/R - A/B Gross profit percentage = Gross profit ÷ total contract price Gain recognized = Gross profit percentage x am’t received Ratio applied to payments received in the current period In Class Exercise: Gain Reported on Installment Sale Mary agrees to sell for $500,000 Land for which she paid $300,000 She will receive $100,000 a year for 5 years Interest will be paid at the required rate How much gain will she recognize each year? Solution: In Class Exercise: Gain Reported on Installment Sale Gross profit = A/R - A/B $200,000 = $500,000 - 300,000 Gross profit percentage = gross profit ÷ total contract price 40% = $200,000 ÷ $500,000 Solution: In Class Exercise: Gain Reported On Installment Sale Gross profit percentage = 40% Amount received each year = $100,000 Gain recognized each year = $40,000 Gross profit percentage x am’t received 40% x $100,000 Total gain recognized is $200,000 $40,000 x 5 In Class Exercise: Gain Reported on Installment Sale & §1250 Gains associated with depreciation cannot be deferred through an installment sale How would Mary’s gain recognition change if the property she sold was a building AND $50,000 of the gain is §1250 recapture? Solution: In Class Exercise: Gain Reported on Installment & §1250 Gross profit = A/R - A/B $200,000 = $500,000 - $300,000 BUT $50,000 is recognized immediately so gross profit is reduced to $150,000 Gross profit percentage = Gross profit ÷ total contract price 30% = $150,000 ÷ $500,000 Solution: In Class Exercise: Gain Reported On Installment & §1250 Gross profit percentage = 30% Amount received each year = 100,000 Gain recognized each year = 30,000 Gross profit percentage x am’t received 30% x $100,000 Total gain recognized is $200,000 $30,000 x 5 + $50,000 Installment Method Problem Area: Imputed Interest If the contract does not specify an interest rate equal to the applicable federal rate Then interest will be imputed at that rate Problem Area-Related Party Sales Sale between related parties Spouses, children, grandchildren, and parents Controlled corporation, partnership, trust, estate Normal rules apply, unless Property is depreciable or Purchaser resells the property before payment of the original sales price Rules can be avoided if the taxpayer can establish (to the Secretary’s satisfaction) that tax avoidance was not the motive for the transaction Transferring an Installment Obligation Sale, gift, or other transfer of the installment obligation Unreported gain may be reported at the time of transfer Difference between Basis in the obligation and Amount realized Fair market value of the obligation Basis in Obligation Excess of the face value of the obligation over an amount equal to the income which would be returnable were the obligation satisfied in full Interest on Deferred Taxes Require the taxpayer to pay interest Only required if the sales price of the property exceeds $150,000 Obligations from all such sales that arise during and are outstanding at the end of the tax year exceed $5,000,000 Gains associated in excess of $5,000,000