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8 Cards in this Set

  • Front
  • Back
Capital Gains & Losses

C. Gain excluded or not currently recognized (deferred)
if you can <HIDE IT>
A gain is not taxed if the taxpayer can "HIDE IT" all.
Gain to the extent of boot (the part the taxpayer did not "HIDE IT") is taxable.

1 . Homeowner's Exclusion

2 . Involuntary Conversions
a. No Gain Recognized
b. Personal Property (two years from year-end)
c. Business Property (three years from year-end)
d. Gain Recognized (boot)
e.Loss Recognized

3 . Divorced Property Settlement.

4. Exchange of Like-Kind Business/ investment Assets (tangible)

5 . Installment Sale
HIDE IT

1 . Homeowner's Exclusion
The sale of the taxpayer's personal (primary or principal) residence is subject to an exclusion from gross income for gain :
a . $500,000 i s available to married couples fil ing a joint return and certain surviving spouses.
b. $250,000 is available for single, married filing separately, and head of household.

To qualify:
1-Taxpayer must have owned and used property as a principal residence for two years or more d u ring the five-year period
2-no age requ irement to receive the exclusion
3-No rollover to another house is required .
4-The exclusion is renewable
HIDE IT

2 . Involuntary Conversions
a. No Gain Recognized

b. Personal Property (two years from year-end)

c. Business Property (three years from year-end)

d. Gain Recognized (boot)

Example : (insurance rcvd = 450 / old building Adj Basis = 400 / new building = 440 ).
Answer: if he re-invest the full 450 .so NO GAIN recognized,"",,but because he re-invest PARTIAL amount 440 so GAIN is only10= boot recognized not 50.

e. Loss Recognized
HIDE IT

3 . Divorced Property Settlement
Remember :
Alimony ---- Taxable
Child Support --------Free
(Property Settlement ------ FREE ) non taxable to the receiver & Non-deductible to the giver.
HIDE IT

4 . Exchange of Like-Kind Business/ investment Assets (tangible)
a. Gain recognized ONLY When Boot Rcvd

b. Basis Rules :

1. Gain/Loss REALIZED
= Amount Realized - Adjusted Basis of Auto Given Up
= (FM Asset Rcvd + Boot rcvd) - (cost Asset Given - Acc Depr.)

2. Gain/Loss RECOGNIZED
=The Lesser of ( Realized Gain ) or ( Boot Rcvd)

3. Basis of New Property
= Adjusted Basis of Asset Given + Gain Recognized - <Boot Rec'd> + Boot Paid
HIDE IT

5 . Installment Sale
a. Gain recognize ONLY When Cash Is Rcvd

b. Reportable Installment Sale Gain/Income
Capital Gains & Losses

D. Losses is (non-deductible) -
if <WRAP>
Losses is (non-deductible) - if:
1 . Wash Sale Loss
2 . Related Party Transactions
3 . And....
4 . Personal Loss
Capital Gains & Losses

E. Individual Capital (Gain) and (Loss) Rules
E. Individual NET Capital (GAIN)Rules :

a. Long-term
a. short-term
c. Un-recaptured Section 1250 Gain (25% rate group)
d. Collectibles and Small Business Stock (28% rate group)

E. Individual NET Capital (LOSS) Rules :

a. $3,000 Maximum Deduction
b. Limitation - to taxable income
c. Excess Net Capital Loss - Carry forward an unlimited time until exhausted ( Note: Corporation Capital loss is 3 /5)
d. A Personal (Non-Business) Bad Debt -short-term capital loss
e. Worthless Stock and Securities -treated as a capital
loss