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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Late Filing

What are the IRS Underpayment Rates for 2013

Asked Thursday, June 28, 2012 by an anonymous user

CPA Answer:

The rates will be:
Three percent for overpayments – two percent in the case of a corporation;
Three percent for underpayments ;
Five percent for large corporate underpayments; and
One-half percent for the portion of a corporate overpayment exceeding $10,000.
Under the Internal Revenue Code, the rate of interest is determined on a quarterly basis. For taxpayers other than corporations, the overpayment and underpayment rate is the federal short-term rate plus three percentage points.
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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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Tax Law Highlights - 2012

Bonus Depreciation

Asked Thursday, June 28, 2012 by an anonymous user

CPA Answer:

Bonus Depreciation In order to stimulate the economy Congress has enacted special bonus depreciation in the year of acquisition for certain purchases of new tangible personal property.
For qualified property acquired and placed in service in 2016, a 50% bonus first-year depreciation allowance applies under Code Sec. 168(k).
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Kiddie Tax

Kiddie tax - Alternative minimum tax exemption

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

For the current year years, the alternative minimum tax exemption for a child subject to the Kiddie Tax is limited to the sum of (1) the child's earned income for the taxable year, plus (2) $7,050.
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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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Alternative Minimum Tax

What was the AMT Patch?

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

The AMT Patch was the mechanism used by Congress to offset the failure of the tax law to automatically require an adjustment of the AMT brackets for inflation.
This failure, with the resulting need for the annual Patch, has been going on since 2000.
Congress permanently addressed the AMT issue by indexing the annual exemption limits for inflation retroactive for 2012.
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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 Exchanges

Asked Tuesday, June 26, 2012 by an anonymous user

CPA Answer:

Generally, if you exchange business or investment property solely for business or investment property of a like-kind, no gain or loss is recognized under Internal Revenue Code Section 1031.
If, as part of the exchange, you also receive other (not like-kind) property or money, gain is recognized to the extent of the other property and money received, but a loss is not recognized.
Section 1031 does not apply to exchanges of inventory, stocks, bonds, notes, other securities or evidence of indebtedness, or certain other assets.
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