Sale of Business Property

Form 4797 part 3 transactions

Asked Thursday, June 28, 2012 by an anonymous user

CPA Answer:

A partial list of transactions include:
Section 1245 Property including depreciable Personal and Real Property
Section 179 deduction
A Single purpose agricultural or horticultural structure
A nonpetroleum storage facility
Clean Fuel vehicles
Section 1250 property inclusive of depreciable real property when an accelerated depreciation method was used
Real property when ACRS depreciation method was used
disposition of certain Farmland
gain on dispositions of Oil and Gas properties that included depletion and IDC expenses
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Sale of Business Property

Form 4797 part 2 - Ordinary Gain or Loss transactions

Asked Thursday, June 28, 2012 by an anonymous user

CPA Answer:

A partial list of transactions include:
ordinary gains and losses from property held 1 year or less.
Losses from qualifying abandonment of business or investment property.
Losses of Section 1244 Small Business Stock
Losses of Small Business Company Stock
sales of Preferred Stock
Deferred gain from Qualifying Electric Transmission Property
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Sale of Business Property

Form 4797 part 1 - Section 1231 transactions

Asked Thursday, June 28, 2012 by an anonymous user

CPA Answer:

Section 1231 transactions are reported on Form 4797 part 1.
A partial list of of Section 1231 transactions include Sales or exchanges of :
real or depreciable property used in a trade or business and held more than 1 year.
Timber, Coal, Cattle Horses or Livestock.
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Sale of Business Property

Depreciation Recapture as Ordinary Income - Sale of Personal Property

Asked Thursday, June 28, 2012 by an anonymous user

CPA Answer:

Report gain or loss on the sale of depreciable property on Form 4797.
The gain realized on the sale of depreciable personal property (Section 1245 property) is treated as Ordinary income to the extent the gain is atrributed to depreciation that reduced basis.
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Sale of Business Property

Dispositions of Intangible Property

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

Intangible property is any personal property that has value but cannot be seen or touched. It includes such items as the goodwill value of a business, patents, copyrights.
Gain or loss on the sale or exchange of amortizable or depreciable intangible property held longer than 1 year (other than an amount recaptured as ordinary income) is a section 1231 gain or loss.
Gain or loss on dispositions of other intangible property is ordinary or capital depending on whether the property is a capital asset or a noncapital asset.
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Sale of Business Property

Like-Kind Property

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

Properties are of like-kind, if they are of the same nature or character, even if they differ in grade or quality. Personal properties of a like class are like-kind properties.
However, livestock of different sexes are not like-kind properties.
Also, personal property used predominantly in the United States and personal property used predominantly outside the United States is not like-kind properties.
Real properties generally are of like-kind, regardless of whether the properties are improved or unimproved. However, real property in the United States and real property outside the United States are not like-kind properties.
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Sale of Business Property

Gain or Loss from Sales and Exchanges

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

You usually realize gain or loss when property is sold or exchanged.
A gain is the amount you realize from a sale or exchange of property that is more than its adjusted basis. A loss is the adjusted basis of the property that is more than the amount you realize.
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Sale of Business Property

Basis - Sale of business property

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

You must know the basis of your property to determine whether you have a gain or loss from its sale or other disposition.
The basis of property you buy is usually its cost minus any depreciation taken.
However, if you acquired the property by gift, inheritance, or in some way other than buying it, you must use a basis other than its cost.
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Sale of Business Property

Amount realized - Sale of business property

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

The amount you realize from a sale or exchange is the total of all money you receive plus the fair market value (defined below) of all property or services you receive.
The amount you realize also includes any of your liabilities that were assumed by the buyer and any liabilities to which the property you transferred is subject, such as real estate taxes or a mortgage.
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