1. 5-1 ©2008 Prentice Hall, Inc.

2. 5-2 ©2008 Prentice Hall, Inc. PROPERTY TRANSACTIONS: CAPITAL GAINS & LOSSES (1 of 2)  Determination of gain or loss  Basis considerations  Definition of a capital asset  Tax treatment for capital gains and losses of noncorporate taxpayers  Tax treatment for capital gains and losses of corporate taxpayers

3. 5-3 ©2008 Prentice Hall, Inc. PROPERTY TRANSACTIONS: CAPITAL GAINS & LOSSES (2 of 2)  Sale or exchange  Holding period  Justification for preferential treatment of net capital gains  Tax planning considerations  Compliance and procedural considerations

4. 5-4 ©2008 Prentice Hall, Inc. Determination of Gain or Loss Gain/Loss Realized (1 of 2)  Realized gain or loss  Amount realized less the assets’ adjusted basis  Amount realized Money + FMV of property received + Taxpayer’s debt assumed by buyer - Costs of sale Amount Realized

5. 5-5 ©2008 Prentice Hall, Inc. Determination of Gain or Loss Gain/Loss Realized (2 of 2)  Determination of basis Original basis (cost) + Additions (e.g., capital improvements) - Reductions (e.g., depreciation, depletion) Adjusted basis

6. 5-6 ©2008 Prentice Hall, Inc. Determination of Gain or Loss Gain/Loss Recognized  Recognized gain or loss may be less than realized gain or loss due to special statutory provisions  E.g., like-kind exchanges, involuntary conversions

7. 5-7 ©2008 Prentice Hall, Inc. Basis Considerations  Cost of acquired property  Property received as a gift  Property received from a decedent  Property converted from personal use to business use  Allocation of basis

8. 5-8 ©2008 Prentice Hall, Inc. Cost of Acquired Property (1 of 2)  Generally the beginning basis of an asset  Uniform capitalization rules  Requires certain period costs to be capitalized that are not capitalized for financial accounting purposes  Affect inventory and other property used in a taxpayer’s business

9. 5-9 ©2008 Prentice Hall, Inc. Cost of Acquired Property (2 of 2)  Capitalization of interest  Construction period debt capitalized  Applies to real estate and assets with class life ≥ 20 years  Identification problems  Specific identification may not be possible  Tax law requires a FIFO approach

10. 5-10 ©2008 Prentice Hall, Inc. Property Received as a Gift (1 of 2)  Gain basis  Donor’s basis plus a gift tax adjustment Gift tax paid X (FMV at gift time – donor’s basis) Amount of gift  Loss basis  Lesser of  Gain basis or  FMV at date of gift

11. 5-11 ©2008 Prentice Hall, Inc. Property Received as a Gift (2 of 2)  Gain basis used to calculate depreciation  Depreciation subtracted from both gain and loss basis upon disposition

12. 5-12 ©2008 Prentice Hall, Inc. Property Received from a Decedent  Basis of inherited property  FMV at date of death, or  Alternate valuation date (AVD)  Six months from date of death or disposition date if not held for six months

13. 5-13 ©2008 Prentice Hall, Inc. Property Converted from Personal Use to Business Use  Basis is lower of personal use adjusted basis or property’s FMV at conversion

14. 5-14 ©2008 Prentice Hall, Inc. Allocation of Basis (1 of 2)  Basket purchase  Acquisition cost must be allocated to individual assets on basis of relative FMV  Common costs  Capitalized and allocated based on relative FMV

15. 5-15 ©2008 Prentice Hall, Inc. Allocation of Basis (2 of 2)  Nontaxable stock dividends received  Allocate basis of old shares to basis of old shares plus new shares  Nontaxable stock rights received  If FMV of stock rights < 15% of FMV of stock, basis is $0 unless elect to allocate  Must allocate if value ≥ 15% of stock’s FMV

16. 5-16 ©2008 Prentice Hall, Inc. Definition of a Capital Asset  Capital asset defined by §1221  Definition is other than what is listed as NOT a capital asset, including  Inventory, depreciable property, real property used in a trade or business  Influence of the courts  Other IRC provisions relevant to capital gains and losses

17. 5-17 ©2008 Prentice Hall, Inc. Influence of the Courts  Corn Products Refining CO doctrine  Created nonstatutory exception to definition of capital asset when asset purchased for business purposes  Arkansas Best Corporation  Limited Corn Products doctrine  Stock is outside definition of capital asset  Motivation for acquiring assets is irrelevant

18. 5-18 ©2008 Prentice Hall, Inc. Other IRC Provisions Relevant to Capital Gains and Losses  Dealers in securities  Securities treated as inventory  Real property subdivided for sale  Non-dealers in real estate can treat as capital asset  Dealers treat as inventory  Nonbusiness bad debt  Deductible as short-term capital loss

19. 5-19 ©2008 Prentice Hall, Inc. Tax Treatment for Capital Gains & Losses of Noncorp Taxpayers  Capital gains  Adjusted net capital gains (ANCG)  Capital losses

20. 5-20 ©2008 Prentice Hall, Inc. Capital Gains (1 of 2)  Assets held ≤ 1 year are short-term  Assets held > 1 year are long-term  Net capital gain (NCG)  Excess of net LTCG over net STCL  NCG may receive favorable tax treatment  Must first determine STCG, STCL, LTCG, and LTCL

21. 5-21 ©2008 Prentice Hall, Inc. Capital Gains (2 of 2)  Net short-term capital gain (NSTCG)  Excess of STCGs over STCLs  Net short-term capital loss (NSTCL)  Excess of STCLs over STCGs  Net long-term capital gain (NLTCG)  Excess of LTCGs over LTCLs  Net long-term capital loss (NLTCL)  Excess of LTCLs over LTCGs

22. 5-22 ©2008 Prentice Hall, Inc. Adjusted Net Capital Gains (ANCG)  Four types of net capital gains 1. Collectibles gain 2. 50% of gain from sale of §1202 stock 3. Unrecaptured §1250 gain 4. All other LTCGs  Group 4 gets 5% or 15% rate  Groups 1 & 2 taxed at max of 28%  Group 3 taxed at max of 25%

23. 5-23 ©2008 Prentice Hall, Inc. Capital Losses  Net capital losses (NSTCL or NLTCL) offset ordinary income to a $3,000 maximum, with an unlimited carryover to future years  Net capital losses applied to net capital gains by groups described previously from highest (28%) to lowest (5% or 15%)

24. 5-24 ©2008 Prentice Hall, Inc. Tax Treatment for Capital Gains & Losses of Corp Taxpayers  Corporations do not receive preferential tax rates on NCGs  Corps cannot deduct net capital losses  Corps carryback NCLs 3 years and then carryforward 5 years  Capital loss carryovers are treated as STCLs

25. 5-25 ©2008 Prentice Hall, Inc. Sale or Exchange  Worthless securities  Retirement of debt instruments  Options  Patents  Franchises, trademarks, and trade names

26. 5-26 ©2008 Prentice Hall, Inc. Worthless Securities  Securities that become totally worthless in a tax year are treated as a capital loss on the last day of the year  Securities in affiliated corporations  Not considered a capital asset

27. 5-27 ©2008 Prentice Hall, Inc. Retirement Of Debt Instruments  Original issue discount  Not treated as capital gain upon retirement  Amortized over the life of the bond  Applies to cash and accrual taxpayers  Market discount bonds  Acquired on secondary market  Discount treated as ordinary income

28. 5-28 ©2008 Prentice Hall, Inc. Options  Exercised  Basis in option added to basis stock purchased  Sold or allowed to expire  Treated as sale or exchange

29. 5-29 ©2008 Prentice Hall, Inc. Patents  Gain may be treated as LTCG  Requirements for LTCG treatment  Must be transfer of substantially all rights  LTCG treatment only applies to holder  Individual whose efforts created patent or one who purchases rights from creator

30. 5-30 ©2008 Prentice Hall, Inc. Franchises, Trademarks, and Trade Names  §1253 treats exchanges of franchises, trademarks, and trade names as exchanges of capital assets  Includes renewals

31. 5-31 ©2008 Prentice Hall, Inc. Holding Period  Property received as a gift  Property received from a decedent  Always long term  Nontaxable exchanges  Receipt of nontaxable stock dividends and stock rights

32. 5-32 ©2008 Prentice Hall, Inc. Property Received as a Gift  If donee’s adjusted basis determined by reference to donor’s adjusted basis  Donor’s holding period added to donee’s holding period  If donee’s adjusted basis is FMV at date of gift  Holding period begins on day after the date of gift

33. 5-33 ©2008 Prentice Hall, Inc. Nontaxable Exchanges  Holding period of qualified property received generally includes holding period of qualified property given up

34. 5-34 ©2008 Prentice Hall, Inc. Receipt of Nontaxable Stock Dividends and Stock Rights  Generally includes the holding period of the underlying stock  If stock rights are exercised, holding period for stock purchased begins with date of exercise

35. 5-35 ©2008 Prentice Hall, Inc. Justification for Preferential Treatment of Net Capital Gains  Mobility of capital  Mitigation of the effects of inflation and the progressive tax system  Lowers the cost of capital

36. 5-36 ©2008 Prentice Hall, Inc. Tax Planning Considerations  Selection of property to transfer by gift  Consider annual exclusion  Unwise to gift depreciated property  Selection of property to transfer at time of death  Retain highly appreciated property until death  Sell loss property before death

37. 5-37 ©2008 Prentice Hall, Inc. Compliance and Procedural Considerations  Capital gains and losses reported by individuals on Schedule D  To improve compliance, brokers required to furnish IRS with info pertaining to each customer  Reported to taxpayer on Form 1099-B  Use Schedule D to reconcile amounts shown on Form 1099-B

38. Comments or questions about PowerPoint Slides? Contact Dr. Richard Newmark at University of Northern Colorado’s Kenneth W. Monfort College of Business richard.newmark@PhDuh.com 5-38 ©2008 Prentice Hall, Inc.