Tax Flashcards
(223 cards)
What are 1231 assets?
Includes 1245 and 1250 assets
Depreciable property used in trade or business
Must be held greater than 1 year
Timber, coal, iron, livestock, unharvested crops. Certain purchased intangibles
Means you can take an ordinary loss versus capital loss (up to 37%)
1231 gives lowest cap gains rate and highest loss write off
What can you use the 1031 exchange on?
Real estate only according to TCJA
Used to include same sex livestock, etc
What is 1245 property?
Tangible or personal property like machines, furniture business equipment, light fixtures, carpeting
Construction equipment
What is the basis of inherited property?
The FMV at date of death
or
the alternate valuation date if properly elected by the executor
What is the basis of property received as a gift?
Basis typically carry over (so you get the donors basis)
Holding period also carry’s over
note that the “gift” is the full value (FMV)
The “taxable gift” is different
What is a donees basis when the donor paid some gift tax in cash?
Take the donees basis and add:
Realized gain/FMV * gift tax paid
What is the basis when the FMV of the gift has dropped below the original basis?
This is loss property so double basis.
Determine a Gain Basis and a Loss Basis
If the sell is between basis’, no gain or loss.
If sold below loss basis, use loss basis as basis
If loss property, starts at transfer date
If gain property, use donor’s HP
When determining basis, who are related parties?
Siblings, including half
Does not include:
aunts and uncles
What is a 267 deal?
restrictions on loss sales to related parties.
Ex: selling something for less than FMV to a child
The seller can’t claim a loss
What is section 1250 depreciation recapture?
Up to 25%
What is the cap gains tax rate on collectibles?
Up to 28%
What happens if you have a loss on a personal use asset?
Can’t take the loss!
How does a wash sale impact basis?
If someone sells at a loss then buys back, the new basis is equal to the new sale price PLUS the loss that they tried to recognize when they sold.
What is section 121?
Personal residence gain exclusion
Can exclude MFJ $500k of gain if
- Either spouse meets the 2 year ownership requirement
- Both spouses must meet the 2 year use requirement
What happens if you had to sell your home prior to the 2 year test?
You can still claim the exclusion if you had:
-change in health
-change in job
-unforeseen circumstances - expecting twins
You’ll be able to claim a partial based on the number of months you were there divided by 24 months
Example: 21 months over 24 months * $500k exclusion
What is a section 1244?
Apply to losses only
A single taxpayer can deduct up to $50k on the loss of a small business stock as an ordinary loss ($100k MFJ)
Small business must be less than $1m in total cap contributions
What is section 1033?
Allows property owners to avoid tax liability on capital gain that occurs as a result of the forced loss of a property.
Example: Your property is destroyed or condemned
What is section 1035?
Swapping of life insurance or annuitieis
Life can be swapped for life
Annuity can be swapped for annuity
Life can be swapped for annuity
Annuity CAN NOT be swapped for life
Section 2035?
When someone gifts life insurance within 3 years of death.
What are above the line exclusions?
Life insurance
Scholarship money for tuition (but not for room and board)
Inheritance
What are above the line deductions?
Losses on sale or exchange of property
Deductions from rental and royalty property
one-half of self employment paid
100 % of health insurance premiums paid by self employed people
Contributions to pensions
Interest on student loans ($2500) (there are phaseouts)
HSA
Trade or business accounts
Alimony payment if divorce was BEFORE 1/1/19
What are below the line deductions?
Either standard deduction
Itemized deductions
- Charitable contributions
- Limited casualty losses
- Medical expenses in excess of 7.5% of AGI
- Limited misc itemized deductions
- interest on mortgage and investments, subject to limitation
s
- Mortgage insurance premiums
- Taxes (state/sales & use, local, us prop) caped at $10k
What is a cash basis taxpayer?
Most individuals
Recognize when you actually get the cash
What is accrual constructive receipt?
Income becomes taxable when it is
- readily available to the taxpayer
- income that is not subject to limitations or restrictions