Created by Janeal Grisak
about 2 years ago
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Question | Answer |
Depreciation Recapture | The portion of a corporate taxpayer's gain on real property that is converted from §1231 gain to ordinary income. |
§1231 Assets | Depreciable or real property used in a taxpayer's trade or business owned for more than one year. |
§1231 look-back rule | A tax rule requiring taxpayers to treat current year net §1231 gains as ordinary income when the taxpayer has deducted a §1231 loss as an ordinary loss in the five years preceding the current tax year. |
§1245 property | Tangible personal property and intangible property subject to cost recovery deductions. |
§1250 property | real property subject to cost recovery deductions. |
Adjusted basis | an asset’s carrying value for tax purposes at a given point in time, measured as the initial basis (for example, cost) plus capital improvements less depreciation or amortization. Also called adjusted tax basis. |
Amount realized | the value of everything received by the seller in a transaction (cash, FMV of other property, and relief of liabilities) less selling costs. |
Boot | property given or received in an otherwise nontaxable transaction such as a like-kind exchange that may trigger gain to a party to the transaction. The term boot derives from a trading expression describing additional property a party to an exchange might throw in “to boot” to equalize the exchange. |
Capital asset | in general, an asset other than an asset used in a trade or business or an asset such as an account or note receivable acquired in a business from the sale of services or property. |
Deferred like-kind exchange | a like-kind exchange where the taxpayer transfers like-kind property before receiving the like-kind property in exchange. The property to be received must be identified within 45 days and received within 180 days of the transfer of the property given up. |
Depreciation recapture | the conversion of §1231 gain into ordinary income on a sale (or exchange) based on the amount of accumulated depreciation on the property at the time of sale or exchange. |
Direct conversions | when a taxpayer receives noncash property rather than a cash payment as a replacement for property damaged or destroyed in an involuntary conversion. |
Indirect conversions | receipt of money or other property as a replacement for property that was destroyed or damaged in an involuntary conversion. |
Installment sales | sales for which taxpayers receive payment in more than one period. |
Involuntary conversions | direct or indirect conversions of property through natural disaster, government condemnation, or accident that allows a taxpayer to defer realized gain if certain requirements are met. |
Like-kind exchange | a nontaxable (or partially taxable) trade or exchange of assets that are similar or related in use. |
Nonrecaptured net §1231 loss | a net §1231 loss that is deducted as an ordinary loss in one year and has not caused subsequent §1231 gain to be taxed as ordinary income. |
Ordinary asset | an asset created or used in a taxpayer’s trade or business (e.g., accounts receivable or inventory) that generates ordinary income (or loss) on disposition. |
Production of income | a for-profit activity that doesn’t rise to the level of a trade or business. |
Qualified replacement property | property acquired to replace property damaged or destroyed in an involuntary conversion. It must be of a similar or related use to the original property even if the replacement property is real property (e.g., rental real estate for rental real estate). |
Realized gain or loss | the difference between the amount realized and the adjusted basis of an asset sold or otherwise disposed of. |
Recognized gains or losses | gains or losses included in gross income on a taxpayer’s tax return. This is usually the realized gain or loss unless a nonrecognition provision applies. |
Substituted basis | the transfer of the tax basis of stock or other property given up in an exchange to stock or other property received in return. |
Tax-deferred transaction | a transaction where at least a portion of the realized gain or loss is not currently recognized. |
Third-party intermediaries | people or organizations that facilitate the transfer of property between taxpayers in a like-kind exchange. Typically, the intermediary receives the cash from selling the property received from the taxpayer and uses it to acquire like-kind property identified by the taxpayer. |
Unrecaptured §1250 gain | a type of §1231 gain derived from the sale of real estate held by a noncorporate taxpayer for more than one year in a trade or business or as rental property attributable to tax depreciation deducted at ordinary tax rates. This gain is taxable at a maximum 25 percent capital gains rate. |
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