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2010 Income Tax

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2010 Income Tax

2010 income tax 3. 2010 income tax   Ordinary or Capital Gain or Loss for Business Property Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Section 1231 Gains and LossesNonrecaptured section 1231 losses. 2010 income tax Depreciation RecaptureSection 1245 Property Section 1250 Property Installment Sales Gifts Transfers at Death Like-Kind Exchanges and Involuntary Conversions Multiple Properties Introduction When you dispose of business property, your taxable gain or loss is usually a section 1231 gain or loss. 2010 income tax Its treatment as ordinary or capital is determined under rules for section 1231 transactions. 2010 income tax When you dispose of depreciable property (section 1245 property or section 1250 property) at a gain, you may have to recognize all or part of the gain as ordinary income under the depreciation recapture rules. 2010 income tax Any remaining gain is a section 1231 gain. 2010 income tax Topics - This chapter discusses: Section 1231 gains and losses Depreciation recapture Useful Items - You may want to see: Publication 534 Depreciating Property Placed in Service Before 1987 537 Installment Sales 547 Casualties, Disasters and Thefts 551 Basis of Assets 946 How To Depreciate Property Form (and Instructions) 4797 Sales of Business Property See chapter 5 for information about getting publications and forms. 2010 income tax Section 1231 Gains and Losses Section 1231 gains and losses are the taxable gains and losses from section 1231 transactions (discussed below). 2010 income tax Their treatment as ordinary or capital depends on whether you have a net gain or a net loss from all your section 1231 transactions. 2010 income tax If you have a gain from a section 1231 transaction, first determine whether any of the gain is ordinary income under the depreciation recapture rules (explained later). 2010 income tax Do not take that gain into account as section 1231 gain. 2010 income tax Section 1231 transactions. 2010 income tax   The following transactions result in gain or loss subject to section 1231 treatment. 2010 income tax Sales or exchanges of real property or depreciable personal property. 2010 income tax This property must be used in a trade or business and held longer than 1 year. 2010 income tax Generally, property held for the production of rents or royalties is considered to be used in a trade or business. 2010 income tax Depreciable personal property includes amortizable section 197 intangibles (described in chapter 2 under Other Dispositions). 2010 income tax Sales or exchanges of leaseholds. 2010 income tax The leasehold must be used in a trade or business and held longer than 1 year. 2010 income tax Sales or exchanges of cattle and horses. 2010 income tax The cattle and horses must be held for draft, breeding, dairy, or sporting purposes and held for 2 years or longer. 2010 income tax Sales or exchanges of other livestock. 2010 income tax This livestock does not include poultry. 2010 income tax It must be held for draft, breeding, dairy, or sporting purposes and held for 1 year or longer. 2010 income tax Sales or exchanges of unharvested crops. 2010 income tax The crop and land must be sold, exchanged, or involuntarily converted at the same time and to the same person and the land must be held longer than 1 year. 2010 income tax You cannot keep any right or option to directly or indirectly reacquire the land (other than a right customarily incident to a mortgage or other security transaction). 2010 income tax Growing crops sold with a lease on the land, though sold to the same person in the same transaction, are not included. 2010 income tax Cutting of timber or disposal of timber, coal, or iron ore. 2010 income tax The cutting or disposal must be treated as a sale, as described in chapter 2 under Timber and Coal and Iron Ore. 2010 income tax Condemnations. 2010 income tax The condemned property must have been held longer than 1 year. 2010 income tax It must be business property or a capital asset held in connection with a trade or business or a transaction entered into for profit, such as investment property. 2010 income tax It cannot be property held for personal use. 2010 income tax Casualties and thefts. 2010 income tax The casualty or theft must have affected business property, property held for the production of rents and royalties, or investment property (such as notes and bonds). 2010 income tax You must have held the property longer than 1 year. 2010 income tax However, if your casualty or theft losses are more than your casualty or theft gains, neither the gains nor the losses are taken into account in the section 1231 computation. 2010 income tax For more information on casualties and thefts, see Publication 547. 2010 income tax Property for sale to customers. 2010 income tax   A sale, exchange, or involuntary conversion of property held mainly for sale to customers is not a section 1231 transaction. 2010 income tax If you will get back all, or nearly all, of your investment in the property by selling it rather than by using it up in your business, it is property held mainly for sale to customers. 2010 income tax Example. 2010 income tax You manufacture and sell steel cable, which you deliver on returnable reels that are depreciable property. 2010 income tax Customers make deposits on the reels, which you refund if the reels are returned within a year. 2010 income tax If they are not returned, you keep each deposit as the agreed-upon sales price. 2010 income tax Most reels are returned within the 1-year period. 2010 income tax You keep adequate records showing depreciation and other charges to the capitalized cost of the reels. 2010 income tax Under these conditions, the reels are not property held for sale to customers in the ordinary course of your business. 2010 income tax Any gain or loss resulting from their not being returned may be capital or ordinary, depending on your section 1231 transactions. 2010 income tax Copyrights. 2010 income tax    The sale of a copyright, a literary, musical, or artistic composition, or similar property is not a section 1231 transaction if your personal efforts created the property, or if you acquired the property in a way that entitled you to the basis of the previous owner whose personal efforts created it (for example, if you receive the property as a gift). 2010 income tax The sale of such property results in ordinary income and generally is reported in Part II of Form 4797. 2010 income tax Treatment as ordinary or capital. 2010 income tax   To determine the treatment of section 1231 gains and losses, combine all your section 1231 gains and losses for the year. 2010 income tax If you have a net section 1231 loss, it is ordinary loss. 2010 income tax If you have a net section 1231 gain, it is ordinary income up to the amount of your nonrecaptured section 1231 losses from previous years. 2010 income tax The rest, if any, is long-term capital gain. 2010 income tax Nonrecaptured section 1231 losses. 2010 income tax   Your nonrecaptured section 1231 losses are your net section 1231 losses for the previous 5 years that have not been applied against a net section 1231 gain. 2010 income tax Therefore, if in any of your five preceding tax years you had section 1231 losses, a net gain for the current year from the sale of section 1231 assets is ordinary gain to the extent of your prior losses. 2010 income tax These losses are applied against your net section 1231 gain beginning with the earliest loss in the 5-year period. 2010 income tax Example. 2010 income tax In 2013, Ben has a $2,000 net section 1231 gain. 2010 income tax To figure how much he has to report as ordinary income and long-term capital gain, he must first determine his section 1231 gains and losses from the previous 5-year period. 2010 income tax From 2008 through 2012 he had the following section 1231 gains and losses. 2010 income tax Year Amount 2008 -0- 2009 -0- 2010 ($2,500) 2011 -0- 2012 $1,800 Ben uses this information to figure how to report his net section 1231 gain for 2013 as shown below. 2010 income tax 1) Net section 1231 gain (2013) $2,000 2) Net section 1231 loss (2010) ($2,500)   3) Net section 1231 gain (2012) 1,800   4) Remaining net section 1231 loss from prior 5 years ($700)   5) Gain treated as  ordinary income $700 6) Gain treated as long-term  capital gain $1,300 Depreciation Recapture If you dispose of depreciable or amortizable property at a gain, you may have to treat all or part of the gain (even if otherwise nontaxable) as ordinary income. 2010 income tax To figure any gain that must be reported as ordinary income, you must keep permanent records of the facts necessary to figure the depreciation or amortization allowed or allowable on your property. 2010 income tax This includes the date and manner of acquisition, cost or other basis, depreciation or amortization, and all other adjustments that affect basis. 2010 income tax On property you acquired in a nontaxable exchange or as a gift, your records also must indicate the following information. 2010 income tax Whether the adjusted basis was figured using depreciation or amortization you claimed on other property. 2010 income tax Whether the adjusted basis was figured using depreciation or amortization another person claimed. 2010 income tax Corporate distributions. 2010 income tax   For information on property distributed by corporations, see Distributions to Shareholders in Publication 542, Corporations. 2010 income tax General asset accounts. 2010 income tax   Different rules apply to dispositions of property you depreciated using a general asset account. 2010 income tax For information on these rules, see Publication 946. 2010 income tax Section 1245 Property A gain on the disposition of section 1245 property is treated as ordinary income to the extent of depreciation allowed or allowable on the property. 2010 income tax See Gain Treated as Ordinary Income, later. 2010 income tax Any gain recognized that is more than the part that is ordinary income from depreciation is a section 1231 gain. 2010 income tax See Treatment as ordinary or capital under Section 1231 Gains and Losses, earlier. 2010 income tax Section 1245 property defined. 2010 income tax   Section 1245 property includes any property that is or has been subject to an allowance for depreciation or amortization and that is any of the following types of property. 2010 income tax Personal property (either tangible or intangible). 2010 income tax Other tangible property (except buildings and their structural components) used as any of the following. 2010 income tax See Buildings and structural components below. 2010 income tax An integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services. 2010 income tax A research facility in any of the activities in (a). 2010 income tax A facility in any of the activities in (a) for the bulk storage of fungible commodities (discussed on the next page). 2010 income tax That part of real property (not included in (2)) with an adjusted basis reduced by (but not limited to) the following. 2010 income tax Amortization of certified pollution control facilities. 2010 income tax The section 179 expense deduction. 2010 income tax Deduction for clean-fuel vehicles and certain refueling property. 2010 income tax Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations. 2010 income tax Deduction for certain qualified refinery property. 2010 income tax Deduction for qualified energy efficient commercial building property. 2010 income tax Amortization of railroad grading and tunnel bores, if in effect before the repeal by the Revenue Reconciliation Act of 1990. 2010 income tax (Repealed by Public Law 99-514, Tax Reform Act of 1986, section 242(a). 2010 income tax ) Certain expenditures for child care facilities if in effect before repeal by Public Law 101-58, Omnibus Budget Reconciliation Act of 1990, section 11801(a)(13) (except with regards to deductions made prior to November 5, 1990). 2010 income tax Expenditures to remove architectural and transportation barriers to the handicapped and elderly. 2010 income tax Deduction for qualified tertiary injectant expenses. 2010 income tax Certain reforestation expenditures. 2010 income tax Deduction for election to expense qualified advanced mine safety equipment property. 2010 income tax Single purpose agricultural (livestock) or horticultural structures. 2010 income tax Storage facilities (except buildings and their structural components) used in distributing petroleum or any primary product of petroleum. 2010 income tax Any railroad grading or tunnel bore. 2010 income tax Buildings and structural components. 2010 income tax   Section 1245 property does not include buildings and structural components. 2010 income tax The term building includes a house, barn, warehouse, or garage. 2010 income tax The term structural component includes walls, floors, windows, doors, central air conditioning systems, light fixtures, etc. 2010 income tax   Do not treat a structure that is essentially machinery or equipment as a building or structural component. 2010 income tax Also, do not treat a structure that houses property used as an integral part of an activity as a building or structural component if the structure's use is so closely related to the property's use that the structure can be expected to be replaced when the property it initially houses is replaced. 2010 income tax   The fact that the structure is specially designed to withstand the stress and other demands of the property and cannot be used economically for other purposes indicates it is closely related to the use of the property it houses. 2010 income tax Structures such as oil and gas storage tanks, grain storage bins, silos, fractionating towers, blast furnaces, basic oxygen furnaces, coke ovens, brick kilns, and coal tipples are not treated as buildings, but as section 1245 property. 2010 income tax Facility for bulk storage of fungible commodities. 2010 income tax   This term includes oil or gas storage tanks and grain storage bins. 2010 income tax Bulk storage means the storage of a commodity in a large mass before it is used. 2010 income tax For example, if a facility is used to store oranges that have been sorted and boxed, it is not used for bulk storage. 2010 income tax To be fungible, a commodity must be such that one part may be used in place of another. 2010 income tax   Stored materials that vary in composition, size, and weight are not fungible. 2010 income tax Materials are not fungible if one part cannot be used in place of another part and the materials cannot be estimated and replaced by simple reference to weight, measure, and number. 2010 income tax For example, the storage of different grades and forms of aluminum scrap is not storage of fungible commodities. 2010 income tax Gain Treated as Ordinary Income The gain treated as ordinary income on the sale, exchange, or involuntary conversion of section 1245 property, including a sale and leaseback transaction, is the lesser of the following amounts. 2010 income tax The depreciation and amortization allowed or allowable on the property. 2010 income tax The gain realized on the disposition (the amount realized from the disposition minus the adjusted basis of the property). 2010 income tax A limit on this amount for gain on like-kind exchanges and involuntary conversions is explained later. 2010 income tax For any other disposition of section 1245 property, ordinary income is the lesser of (1) earlier or the amount by which its fair market value is more than its adjusted basis. 2010 income tax See Gifts and Transfers at Death, later. 2010 income tax Use Part III of Form 4797 to figure the ordinary income part of the gain. 2010 income tax Depreciation taken on other property or taken by other taxpayers. 2010 income tax   Depreciation and amortization include the amounts you claimed on the section 1245 property as well as the following depreciation and amortization amounts. 2010 income tax Amounts you claimed on property you exchanged for, or converted to, your section 1245 property in a like-kind exchange or involuntary conversion. 2010 income tax Amounts a previous owner of the section 1245 property claimed if your basis is determined with reference to that person's adjusted basis (for example, the donor's depreciation deductions on property you received as a gift). 2010 income tax Depreciation and amortization. 2010 income tax   Depreciation and amortization that must be recaptured as ordinary income include (but are not limited to) the following items. 2010 income tax Ordinary depreciation deductions. 2010 income tax Any special depreciation allowance you claimed. 2010 income tax Amortization deductions for all the following costs. 2010 income tax Acquiring a lease. 2010 income tax Lessee improvements. 2010 income tax Certified pollution control facilities. 2010 income tax Certain reforestation expenses. 2010 income tax Section 197 intangibles. 2010 income tax Childcare facility expenses made before 1982, if in effect before the repeal of IRC 188. 2010 income tax Franchises, trademarks, and trade names acquired before August 11, 1993. 2010 income tax The section 179 deduction. 2010 income tax Deductions for all the following costs. 2010 income tax Removing barriers to the disabled and the elderly. 2010 income tax Tertiary injectant expenses. 2010 income tax Depreciable clean-fuel vehicles and refueling property (minus the amount of any recaptured deduction). 2010 income tax Environmental cleanup costs. 2010 income tax Certain reforestation expenses. 2010 income tax Qualified disaster expenses. 2010 income tax Any basis reduction for the investment credit (minus any basis increase for credit recapture). 2010 income tax Any basis reduction for the qualified electric vehicle credit (minus any basis increase for credit recapture). 2010 income tax Example. 2010 income tax You file your returns on a calendar year basis. 2010 income tax In February 2011, you bought and placed in service for 100% use in your business a light-duty truck (5-year property) that cost $10,000. 2010 income tax You used the half-year convention and your MACRS deductions for the truck were $2,000 in 2011 and $3,200 in 2012. 2010 income tax You did not take the section 179 deduction. 2010 income tax You sold the truck in May 2013 for $7,000. 2010 income tax The MACRS deduction in 2013, the year of sale, is $960 (½ of $1,920). 2010 income tax Figure the gain treated as ordinary income as follows. 2010 income tax 1) Amount realized $7,000 2) Cost (February 2011) $10,000   3) Depreciation allowed or allowable (MACRS deductions: $2,000 + $3,200 + $960) 6,160   4) Adjusted basis (subtract line 3 from line 2) $3,840 5) Gain realized (subtract line 4 from line 1) $3,160 6) Gain treated as ordinary income (lesser of line 3 or line 5) $3,160 Depreciation on other tangible property. 2010 income tax   You must take into account depreciation during periods when the property was not used as an integral part of an activity or did not constitute a research or storage facility, as described earlier under Section 1245 property. 2010 income tax   For example, if depreciation deductions taken on certain storage facilities amounted to $10,000, of which $6,000 is from the periods before their use in a prescribed business activity, you must use the entire $10,000 in determining ordinary income from depreciation. 2010 income tax Depreciation allowed or allowable. 2010 income tax   The greater of the depreciation allowed or allowable is generally the amount to use in figuring the part of gain to report as ordinary income. 2010 income tax However, if in prior years, you have consistently taken proper deductions under one method, the amount allowed for your prior years will not be increased even though a greater amount would have been allowed under another proper method. 2010 income tax If you did not take any deduction at all for depreciation, your adjustments to basis for depreciation allowable are figured by using the straight line method. 2010 income tax   This treatment applies only when figuring what part of gain is treated as ordinary income under the rules for section 1245 depreciation recapture. 2010 income tax Multiple asset accounts. 2010 income tax   In figuring ordinary income from depreciation, you can treat any number of units of section 1245 property in a single depreciation account as one item if the total ordinary income from depreciation figured by using this method is not less than it would be if depreciation on each unit were figured separately. 2010 income tax Example. 2010 income tax In one transaction you sold 50 machines, 25 trucks, and certain other property that is not section 1245 property. 2010 income tax All of the depreciation was recorded in a single depreciation account. 2010 income tax After dividing the total received among the various assets sold, you figured that each unit of section 1245 property was sold at a gain. 2010 income tax You can figure the ordinary income from depreciation as if the 50 machines and 25 trucks were one item. 2010 income tax However, if five of the trucks had been sold at a loss, only the 50 machines and 20 of the trucks could be treated as one item in determining the ordinary income from depreciation. 2010 income tax Normal retirement. 2010 income tax   The normal retirement of section 1245 property in multiple asset accounts does not require recognition of gain as ordinary income from depreciation if your method of accounting for asset retirements does not require recognition of that gain. 2010 income tax Section 1250 Property Gain on the disposition of section 1250 property is treated as ordinary income to the extent of additional depreciation allowed or allowable on the property. 2010 income tax To determine the additional depreciation on section 1250 property, see Additional Depreciation, below. 2010 income tax Section 1250 property defined. 2010 income tax   This includes all real property that is subject to an allowance for depreciation and that is not and never has been section 1245 property. 2010 income tax It includes a leasehold of land or section 1250 property subject to an allowance for depreciation. 2010 income tax A fee simple interest in land is not included because it is not depreciable. 2010 income tax   If your section 1250 property becomes section 1245 property because you change its use, you can never again treat it as section 1250 property. 2010 income tax Additional Depreciation If you hold section 1250 property longer than 1 year, the additional depreciation is the actual depreciation adjustments that are more than the depreciation figured using the straight line method. 2010 income tax For a list of items treated as depreciation adjustments, see Depreciation and amortization under Gain Treated as Ordinary Income, earlier. 2010 income tax For the treatment of unrecaptured section 1250 gain, see Capital Gains Tax Rate, later. 2010 income tax If you hold section 1250 property for 1 year or less, all the depreciation is additional depreciation. 2010 income tax You will not have additional depreciation if any of the following conditions apply to the property disposed of. 2010 income tax You figured depreciation for the property using the straight line method or any other method that does not result in depreciation that is more than the amount figured by the straight line method; you held the property longer than 1 year; and, if the property was qualified property, you made a timely election not to claim any special depreciation allowance. 2010 income tax In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction for property placed in service before January 1, 2010. 2010 income tax The property was residential low-income rental property you held for 162/3 years or longer. 2010 income tax For low-income rental housing on which the special 60-month depreciation for rehabilitation expenses was allowed, the 162/3 years start when the rehabilitated property is placed in service. 2010 income tax You chose the alternate ACRS method for the property, which was a type of 15-, 18-, or 19-year real property covered by the section 1250 rules. 2010 income tax The property was residential rental property or nonresidential real property placed in service after 1986 (or after July 31, 1986, if the choice to use MACRS was made); you held it longer than 1 year; and, if the property was qualified property, you made a timely election not to claim any special depreciation allowance. 2010 income tax These properties are depreciated using the straight line method. 2010 income tax In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction. 2010 income tax Depreciation taken by other taxpayers or on other property. 2010 income tax   Additional depreciation includes all depreciation adjustments to the basis of section 1250 property whether allowed to you or another person (as carryover basis property). 2010 income tax Example. 2010 income tax Larry Johnson gives his son section 1250 property on which he took $2,000 in depreciation deductions, of which $500 is additional depreciation. 2010 income tax Immediately after the gift, the son's adjusted basis in the property is the same as his father's and reflects the $500 additional depreciation. 2010 income tax On January 1 of the next year, after taking depreciation deductions of $1,000 on the property, of which $200 is additional depreciation, the son sells the property. 2010 income tax At the time of sale, the additional depreciation is $700 ($500 allowed the father plus $200 allowed the son). 2010 income tax Depreciation allowed or allowable. 2010 income tax   The greater of depreciation allowed or allowable (to any person who held the property if the depreciation was used in figuring its adjusted basis in your hands) generally is the amount to use in figuring the part of the gain to be reported as ordinary income. 2010 income tax If you can show that the deduction allowed for any tax year was less than the amount allowable, the lesser figure will be the depreciation adjustment for figuring additional depreciation. 2010 income tax Retired or demolished property. 2010 income tax   The adjustments reflected in adjusted basis generally do not include deductions for depreciation on retired or demolished parts of section 1250 property unless these deductions are reflected in the basis of replacement property that is section 1250 property. 2010 income tax Example. 2010 income tax A wing of your building is totally destroyed by fire. 2010 income tax The depreciation adjustments figured in the adjusted basis of the building after the wing is destroyed do not include any deductions for depreciation on the destroyed wing unless it is replaced and the adjustments for depreciation on it are reflected in the basis of the replacement property. 2010 income tax Figuring straight line depreciation. 2010 income tax   The useful life and salvage value you would have used to figure straight line depreciation are the same as those used under the depreciation method you actually used. 2010 income tax If you did not use a useful life under the depreciation method actually used (such as with the units-of-production method) or if you did not take salvage value into account (such as with the declining balance method), the useful life or salvage value for figuring what would have been the straight line depreciation is the useful life and salvage value you would have used under the straight line method. 2010 income tax   Salvage value and useful life are not used for the ACRS method of depreciation. 2010 income tax Figure straight line depreciation for ACRS real property by using its 15-, 18-, or 19-year recovery period as the property's useful life. 2010 income tax   The straight line method is applied without any basis reduction for the investment credit. 2010 income tax Property held by lessee. 2010 income tax   If a lessee makes a leasehold improvement, the lease period for figuring what would have been the straight line depreciation adjustments includes all renewal periods. 2010 income tax This inclusion of the renewal periods cannot extend the lease period taken into account to a period that is longer than the remaining useful life of the improvement. 2010 income tax The same rule applies to the cost of acquiring a lease. 2010 income tax   The term renewal period means any period for which the lease may be renewed, extended, or continued under an option exercisable by the lessee. 2010 income tax However, the inclusion of renewal periods cannot extend the lease by more than two-thirds of the period that was the basis on which the actual depreciation adjustments were allowed. 2010 income tax Applicable Percentage The applicable percentage used to figure the ordinary income because of additional depreciation depends on whether the real property you disposed of is nonresidential real property, residential rental property, or low-income housing. 2010 income tax The percentages for these types of real property are as follows. 2010 income tax Nonresidential real property. 2010 income tax   For real property that is not residential rental property, the applicable percentage for periods after 1969 is 100%. 2010 income tax For periods before 1970, the percentage is zero and no ordinary income because of additional depreciation before 1970 will result from its disposition. 2010 income tax Residential rental property. 2010 income tax   For residential rental property (80% or more of the gross income is from dwelling units) other than low-income housing, the applicable percentage for periods after 1975 is 100%. 2010 income tax The percentage for periods before 1976 is zero. 2010 income tax Therefore, no ordinary income because of additional depreciation before 1976 will result from a disposition of residential rental property. 2010 income tax Low-income housing. 2010 income tax    Low-income housing includes all the following types of residential rental property. 2010 income tax Federally assisted housing projects if the mortgage is insured under section 221(d)(3) or 236 of the National Housing Act or housing financed or assisted by direct loan or tax abatement under similar provisions of state or local laws. 2010 income tax Low-income rental housing for which a depreciation deduction for rehabilitation expenses was allowed. 2010 income tax Low-income rental housing held for occupancy by families or individuals eligible to receive subsidies under section 8 of the United States Housing Act of 1937, as amended, or under provisions of state or local laws that authorize similar subsidies for low-income families. 2010 income tax Housing financed or assisted by direct loan or insured under Title V of the Housing Act of 1949. 2010 income tax   The applicable percentage for low-income housing is 100% minus 1% for each full month the property was held over 100 full months. 2010 income tax If you have held low-income housing at least 16 years and 8 months, the percentage is zero and no ordinary income will result from its disposition. 2010 income tax Foreclosure. 2010 income tax   If low-income housing is disposed of because of foreclosure or similar proceedings, the monthly applicable percentage reduction is figured as if you disposed of the property on the starting date of the proceedings. 2010 income tax Example. 2010 income tax On June 1, 2001, you acquired low-income housing property. 2010 income tax On April 3, 2012 (130 months after the property was acquired), foreclosure proceedings were started on the property and on December 3, 2013 (150 months after the property was acquired), the property was disposed of as a result of the foreclosure proceedings. 2010 income tax The property qualifies for a reduced applicable percentage because it was held more than 100 full months. 2010 income tax The applicable percentage reduction is 30% (130 months minus 100 months) rather than 50% (150 months minus 100 months) because it does not apply after April 3, 2012, the starting date of the foreclosure proceedings. 2010 income tax Therefore, 70% of the additional depreciation is treated as ordinary income. 2010 income tax Holding period. 2010 income tax   The holding period used to figure the applicable percentage for low-income housing generally starts on the day after you acquired it. 2010 income tax For example, if you bought low-income housing on January 1, 1997, the holding period starts on January 2, 1997. 2010 income tax If you sold it on January 2, 2013, the holding period is exactly 192 full months. 2010 income tax The applicable percentage for additional depreciation is 8%, or 100% minus 1% for each full month the property was held over 100 full months. 2010 income tax Holding period for constructed, reconstructed, or erected property. 2010 income tax   The holding period used to figure the applicable percentage for low-income housing you constructed, reconstructed, or erected starts on the first day of the month it is placed in service in a trade or business, in an activity for the production of income, or in a personal activity. 2010 income tax Property acquired by gift or received in a tax-free transfer. 2010 income tax   For low-income housing you acquired by gift or in a tax-free transfer the basis of which is figured by reference to the basis in the hands of the transferor, the holding period for the applicable percentage includes the holding period of the transferor. 2010 income tax   If the adjusted basis of the property in your hands just after acquiring it is more than its adjusted basis to the transferor just before transferring it, the holding period of the difference is figured as if it were a separate improvement. 2010 income tax See Low-Income Housing With Two or More Elements, next. 2010 income tax Low-Income Housing With Two or More Elements If you dispose of low-income housing property that has two or more separate elements, the applicable percentage used to figure ordinary income because of additional depreciation may be different for each element. 2010 income tax The gain to be reported as ordinary income is the sum of the ordinary income figured for each element. 2010 income tax The following are the types of separate elements. 2010 income tax A separate improvement (defined below). 2010 income tax The basic section 1250 property plus improvements not qualifying as separate improvements. 2010 income tax The units placed in service at different times before all the section 1250 property is finished. 2010 income tax For example, this happens when a taxpayer builds an apartment building of 100 units and places 30 units in service (available for renting) on January 4, 2011, 50 on July 18, 2011, and the remaining 20 on January 18, 2012. 2010 income tax As a result, the apartment house consists of three separate elements. 2010 income tax The 36-month test for separate improvements. 2010 income tax   A separate improvement is any improvement (qualifying under The 1-year test, below) added to the capital account of the property, but only if the total of the improvements during the 36-month period ending on the last day of any tax year is more than the greatest of the following amounts. 2010 income tax Twenty-five percent of the adjusted basis of the property at the start of the first day of the 36-month period, or the first day of the holding period of the property, whichever is later. 2010 income tax Ten percent of the unadjusted basis (adjusted basis plus depreciation and amortization adjustments) of the property at the start of the period determined in (1). 2010 income tax $5,000. 2010 income tax The 1-year test. 2010 income tax   An addition to the capital account for any tax year (including a short tax year) is treated as an improvement only if the sum of all additions for the year is more than the greater of $2,000 or 1% of the unadjusted basis of the property. 2010 income tax The unadjusted basis is figured as of the start of that tax year or the holding period of the property, whichever is later. 2010 income tax In applying the 36-month test, improvements in any one of the 3 years are omitted entirely if the total improvements in that year do not qualify under the 1-year test. 2010 income tax Example. 2010 income tax The unadjusted basis of a calendar year taxpayer's property was $300,000 on January 1 of this year. 2010 income tax During the year, the taxpayer made improvements A, B, and C, which cost $1,000, $600, and $700, respectively. 2010 income tax The sum of the improvements, $2,300, is less than 1% of the unadjusted basis ($3,000), so the improvements do not satisfy the 1-year test and are not treated as improvements for the 36-month test. 2010 income tax However, if improvement C had cost $1,500, the sum of these improvements would have been $3,100. 2010 income tax Then, it would be necessary to apply the 36-month test to figure if the improvements must be treated as separate improvements. 2010 income tax Addition to the capital account. 2010 income tax   Any addition to the capital account made after the initial acquisition or completion of the property by you or any person who held the property during a period included in your holding period is to be considered when figuring the total amount of separate improvements. 2010 income tax   The addition to the capital account of depreciable real property is the gross addition not reduced by amounts attributable to replaced property. 2010 income tax For example, if a roof with an adjusted basis of $20,000 is replaced by a new roof costing $50,000, the improvement is the gross addition to the account, $50,000, and not the net addition of $30,000. 2010 income tax The $20,000 adjusted basis of the old roof is no longer reflected in the basis of the property. 2010 income tax The status of an addition to the capital account is not affected by whether it is treated as a separate property for determining depreciation deductions. 2010 income tax   Whether an expense is treated as an addition to the capital account may depend on the final disposition of the entire property. 2010 income tax If the expense item property and the basic property are sold in two separate transactions, the entire section 1250 property is treated as consisting of two distinct properties. 2010 income tax Unadjusted basis. 2010 income tax   In figuring the unadjusted basis as of a certain date, include the actual cost of all previous additions to the capital account plus those that did not qualify as separate improvements. 2010 income tax However, the cost of components retired before that date is not included in the unadjusted basis. 2010 income tax Holding period. 2010 income tax   Use the following guidelines for figuring the applicable percentage for property with two or more elements. 2010 income tax The holding period of a separate element placed in service before the entire section 1250 property is finished starts on the first day of the month that the separate element is placed in service. 2010 income tax The holding period for each separate improvement qualifying as a separate element starts on the day after the improvement is acquired or, for improvements constructed, reconstructed, or erected, the first day of the month that the improvement is placed in service. 2010 income tax The holding period for each improvement not qualifying as a separate element takes the holding period of the basic property. 2010 income tax   If an improvement by itself does not meet the 1-year test (greater of $2,000 or 1% of the unadjusted basis), but it does qualify as a separate improvement that is a separate element (when grouped with other improvements made during the tax year), determine the start of its holding period as follows. 2010 income tax Use the first day of a calendar month that is closest to the middle of the tax year. 2010 income tax If there are two first days of a month that are equally close to the middle of the year, use the earlier date. 2010 income tax Figuring ordinary income attributable to each separate element. 2010 income tax   Figure ordinary income attributable to each separate element as follows. 2010 income tax   Step 1. 2010 income tax Divide the element's additional depreciation after 1975 by the sum of all the elements' additional depreciation after 1975 to determine the percentage used in Step 2. 2010 income tax   Step 2. 2010 income tax Multiply the percentage figured in Step 1 by the lesser of the additional depreciation after 1975 for the entire property or the gain from disposition of the entire property (the difference between the fair market value or amount realized and the adjusted basis). 2010 income tax   Step 3. 2010 income tax Multiply the result in Step 2 by the applicable percentage for the element. 2010 income tax Example. 2010 income tax You sold at a gain of $25,000 low-income housing property subject to the ordinary income rules of section 1250. 2010 income tax The property consisted of four elements (W, X, Y, and Z). 2010 income tax Step 1. 2010 income tax The additional depreciation for each element is: W-$12,000; X-None; Y-$6,000; and Z-$6,000. 2010 income tax The sum of the additional depreciation for all the elements is $24,000. 2010 income tax Step 2. 2010 income tax The depreciation deducted on element X was $4,000 less than it would have been under the straight line method. 2010 income tax Additional depreciation on the property as a whole is $20,000 ($24,000 − $4,000). 2010 income tax $20,000 is lower than the $25,000 gain on the sale, so $20,000 is used in Step 2. 2010 income tax Step 3. 2010 income tax The applicable percentages to be used in Step 3 for the elements are: W-68%; X-85%; Y-92%; and Z-100%. 2010 income tax From these facts, the sum of the ordinary income for each element is figured as follows. 2010 income tax   Step 1 Step 2 Step 3 Ordinary Income W . 2010 income tax 50 $10,000 68% $ 6,800 X -0- -0- 85% -0- Y . 2010 income tax 25 5,000 92% 4,600 Z . 2010 income tax 25 5,000 100% 5,000 Sum of ordinary income of separate elements $16,400 Gain Treated as Ordinary Income To find what part of the gain from the disposition of section 1250 property is treated as ordinary income, follow these steps. 2010 income tax In a sale, exchange, or involuntary conversion of the property, figure the amount realized that is more than the adjusted basis of the property. 2010 income tax In any other disposition of the property, figure the fair market value that is more than the adjusted basis. 2010 income tax Figure the additional depreciation for the periods after 1975. 2010 income tax Multiply the lesser of (1) or (2) by the applicable percentage, discussed earlier under Applicable Percentage. 2010 income tax Stop here if this is residential rental property or if (2) is equal to or more than (1). 2010 income tax This is the gain treated as ordinary income because of additional depreciation. 2010 income tax Subtract (2) from (1). 2010 income tax Figure the additional depreciation for periods after 1969 but before 1976. 2010 income tax Add the lesser of (4) or (5) to the result in (3). 2010 income tax This is the gain treated as ordinary income because of additional depreciation. 2010 income tax A limit on the amount treated as ordinary income for gain on like-kind exchanges and involuntary conversions is explained later. 2010 income tax Use Form 4797, Part III, to figure the ordinary income part of the gain. 2010 income tax Corporations. 2010 income tax   Corporations, other than S corporations, must recognize an additional amount as ordinary income on the sale or other disposition of section 1250 property. 2010 income tax The additional amount treated as ordinary income is 20% of the excess of the amount that would have been ordinary income if the property were section 1245 property over the amount treated as ordinary income under section 1250. 2010 income tax Report this additional ordinary income on Form 4797, Part III, line 26 (f). 2010 income tax Installment Sales If you report the sale of property under the installment method, any depreciation recapture under section 1245 or 1250 is taxable as ordinary income in the year of sale. 2010 income tax This applies even if no payments are received in that year. 2010 income tax If the gain is more than the depreciation recapture income, report the rest of the gain using the rules of the installment method. 2010 income tax For this purpose, include the recapture income in your installment sale basis to determine your gross profit on the installment sale. 2010 income tax If you dispose of more than one asset in a single transaction, you must figure the gain on each asset separately so that it may be properly reported. 2010 income tax To do this, allocate the selling price and the payments you receive in the year of sale to each asset. 2010 income tax Report any depreciation recapture income in the year of sale before using the installment method for any remaining gain. 2010 income tax For a detailed discussion of installment sales, see Publication 537. 2010 income tax Gifts If you make a gift of depreciable personal property or real property, you do not have to report income on the transaction. 2010 income tax However, if the person who receives it (donee) sells or otherwise disposes of the property in a disposition subject to recapture, the donee must take into account the depreciation you deducted in figuring the gain to be reported as ordinary income. 2010 income tax For low-income housing, the donee must take into account the donor's holding period to figure the applicable percentage. 2010 income tax See Applicable Percentage and its discussion Holding period under Section 1250 Property, earlier. 2010 income tax Part gift and part sale or exchange. 2010 income tax   If you transfer depreciable personal property or real property for less than its fair market value in a transaction considered to be partly a gift and partly a sale or exchange and you have a gain because the amount realized is more than your adjusted basis, you must report ordinary income (up to the amount of gain) to recapture depreciation. 2010 income tax If the depreciation (additional depreciation, if section 1250 property) is more than the gain, the balance is carried over to the transferee to be taken into account on any later disposition of the property. 2010 income tax However, see Bargain sale to charity, later. 2010 income tax Example. 2010 income tax You transferred depreciable personal property to your son for $20,000. 2010 income tax When transferred, the property had an adjusted basis to you of $10,000 and a fair market value of $40,000. 2010 income tax You took depreciation of $30,000. 2010 income tax You are considered to have made a gift of $20,000, the difference between the $40,000 fair market value and the $20,000 sale price to your son. 2010 income tax You have a taxable gain on the transfer of $10,000 ($20,000 sale price minus $10,000 adjusted basis) that must be reported as ordinary income from depreciation. 2010 income tax You report $10,000 of your $30,000 depreciation as ordinary income on the transfer of the property, so the remaining $20,000 depreciation is carried over to your son for him to take into account on any later disposition of the property. 2010 income tax Gift to charitable organization. 2010 income tax   If you give property to a charitable organization, you figure your deduction for your charitable contribution by reducing the fair market value of the property by the ordinary income and short-term capital gain that would have resulted had you sold the property at its fair market value at the time of the contribution. 2010 income tax Thus, your deduction for depreciable real or personal property given to a charitable organization does not include the potential ordinary gain from depreciation. 2010 income tax   You also may have to reduce the fair market value of the contributed property by the long-term capital gain (including any section 1231 gain) that would have resulted had the property been sold. 2010 income tax For more information, see Giving Property That Has Increased in Value in Publication 526. 2010 income tax Bargain sale to charity. 2010 income tax   If you transfer section 1245 or section 1250 property to a charitable organization for less than its fair market value and a deduction for the contribution part of the transfer is allowable, your ordinary income from depreciation is figured under different rules. 2010 income tax First, figure the ordinary income as if you had sold the property at its fair market value. 2010 income tax Then, allocate that amount between the sale and the contribution parts of the transfer in the same proportion that you allocated your adjusted basis in the property to figure your gain. 2010 income tax See Bargain Sale under Gain or Loss From Sales and Exchanges in chapter 1. 2010 income tax Report as ordinary income the lesser of the ordinary income allocated to the sale or your gain from the sale. 2010 income tax Example. 2010 income tax You sold section 1245 property in a bargain sale to a charitable organization and are allowed a deduction for your contribution. 2010 income tax Your gain on the sale was $1,200, figured by allocating 20% of your adjusted basis in the property to the part sold. 2010 income tax If you had sold the property at its fair market value, your ordinary income would have been $5,000. 2010 income tax Your ordinary income is $1,000 ($5,000 × 20%) and your section 1231 gain is $200 ($1,200 – $1,000). 2010 income tax Transfers at Death When a taxpayer dies, no gain is reported on depreciable personal property or real property transferred to his or her estate or beneficiary. 2010 income tax For information on the tax liability of a decedent, see Publication 559, Survivors, Executors, and Administrators. 2010 income tax However, if the decedent disposed of the property while alive and, because of his or her method of accounting or for any other reason, the gain from the disposition is reportable by the estate or beneficiary, it must be reported in the same way the decedent would have had to report it if he or she were still alive. 2010 income tax Ordinary income due to depreciation must be reported on a transfer from an executor, administrator, or trustee to an heir, beneficiary, or other individual if the transfer is a sale or exchange on which gain is realized. 2010 income tax Example 1. 2010 income tax Janet Smith owned depreciable property that, upon her death, was inherited by her son. 2010 income tax No ordinary income from depreciation is reportable on the transfer, even though the value used for estate tax purposes is more than the adjusted basis of the property to Janet when she died. 2010 income tax However, if she sold the property before her death and realized a gain and if, because of her method of accounting, the proceeds from the sale are income in respect of a decedent reportable by her son, he must report ordinary income from depreciation. 2010 income tax Example 2. 2010 income tax The trustee of a trust created by a will transfers depreciable property to a beneficiary in satisfaction of a specific bequest of $10,000. 2010 income tax If the property had a value of $9,000 at the date used for estate tax valuation purposes, the $1,000 increase in value to the date of distribution is a gain realized by the trust. 2010 income tax Ordinary income from depreciation must be reported by the trust on the transfer. 2010 income tax Like-Kind Exchanges and Involuntary Conversions A like-kind exchange of your depreciable property or an involuntary conversion of the property into similar or related property will not result in your having to report ordinary income from depreciation unless money or property other than like-kind, similar, or related property is also received in the transaction. 2010 income tax For information on like-kind exchanges and involuntary conversions, see chapter 1. 2010 income tax Depreciable personal property. 2010 income tax   If you have a gain from either a like-kind exchange or an involuntary conversion of your depreciable personal property, the amount to be reported as ordinary income from depreciation is the amount figured under the rules explained earlier (see Section 1245 Property), limited to the sum of the following amounts. 2010 income tax The gain that must be included in income under the rules for like-kind exchanges or involuntary conversions. 2010 income tax The fair market value of the like-kind, similar, or related property other than depreciable personal property acquired in the transaction. 2010 income tax Example 1. 2010 income tax You bought a new machine for $4,300 cash plus your old machine for which you were allowed a $1,360 trade-in. 2010 income tax The old machine cost you $5,000 two years ago. 2010 income tax You took depreciation deductions of $3,950. 2010 income tax Even though you deducted depreciation of $3,950, the $310 gain ($1,360 trade-in allowance minus $1,050 adjusted basis) is not reported because it is postponed under the rules for like-kind exchanges and you received only depreciable personal property in the exchange. 2010 income tax Example 2. 2010 income tax You bought office machinery for $1,500 two years ago and deducted $780 depreciation. 2010 income tax This year a fire destroyed the machinery and you received $1,200 from your fire insurance, realizing a gain of $480 ($1,200 − $720 adjusted basis). 2010 income tax You choose to postpone reporting gain, but replacement machinery cost you only $1,000. 2010 income tax Your taxable gain under the rules for involuntary conversions is limited to the remaining $200 insurance payment. 2010 income tax All your replacement property is depreciable personal property, so your ordinary income from depreciation is limited to $200. 2010 income tax Example 3. 2010 income tax A fire destroyed office machinery you bought for $116,000. 2010 income tax The depreciation deductions were $91,640 and the machinery had an adjusted basis of $24,360. 2010 income tax You received a $117,000 insurance payment, realizing a gain of $92,640. 2010 income tax You immediately spent $105,000 of the insurance payment for replacement machinery and $9,000 for stock that qualifies as replacement property and you choose to postpone reporting the gain. 2010 income tax $114,000 of the $117,000 insurance payment was used to buy replacement property, so the gain that must be included in income under the rules for involuntary conversions is the part not spent, or $3,000. 2010 income tax The part of the insurance payment ($9,000) used to buy the nondepreciable property (the stock) also must be included in figuring the gain from depreciation. 2010 income tax The amount you must report as ordinary income on the transaction is $12,000, figured as follows. 2010 income tax 1) Gain realized on the transaction ($92,640) limited to depreciation ($91,640) $91,640 2) Gain includible in income (amount not spent) 3,000     Plus: fair market value of property other than depreciable personal property (the stock) 9,000 12,000 Amount reportable as ordinary income (lesser of (1) or (2)) $12,000   If, instead of buying $9,000 in stock, you bought $9,000 worth of depreciable personal property similar or related in use to the destroyed property, you would only report $3,000 as ordinary income. 2010 income tax Depreciable real property. 2010 income tax   If you have a gain from either a like-kind exchange or involuntary conversion of your depreciable real property, ordinary income from additional depreciation is figured under the rules explained earlier (see Section 1250 Property), limited to the greater of the following amounts. 2010 income tax The gain that must be reported under the rules for like-kind exchanges or involuntary conversions plus the fair market value of stock bought as replacement property in acquiring control of a corporation. 2010 income tax The gain you would have had to report as ordinary income from additional depreciation had the transaction been a cash sale minus the cost (or fair market value in an exchange) of the depreciable real property acquired. 2010 income tax   The ordinary income not reported for the year of the disposition is carried over to the depreciable real property acquired in the like-kind exchange or involuntary conversion as additional depreciation from the property disposed of. 2010 income tax Further, to figure the applicable percentage of additional depreciation to be treated as ordinary income, the holding period starts over for the new property. 2010 income tax Example. 2010 income tax The state paid you $116,000 when it condemned your depreciable real property for public use. 2010 income tax You bought other real property similar in use to the property condemned for $110,000 ($15,000 for depreciable real property and $95,000 for land). 2010 income tax You also bought stock for $5,000 to get control of a corporation owning property similar in use to the property condemned. 2010 income tax You choose to postpone reporting the gain. 2010 income tax If the transaction had been a sale for cash only, under the rules described earlier, $20,000 would have been reportable as ordinary income because of additional depreciation. 2010 income tax The ordinary income to be reported is $6,000, which is the greater of the following amounts. 2010 income tax The gain that must be reported under the rules for involuntary conversions, $1,000 ($116,000 − $115,000) plus the fair market value of stock bought as qualified replacement property, $5,000, for a total of $6,000. 2010 income tax The gain you would have had to report as ordinary income from additional depreciation ($20,000) had this transaction been a cash sale minus the cost of the depreciable real property bought ($15,000), or $5,000. 2010 income tax   The ordinary income not reported, $14,000 ($20,000 − $6,000), is carried over to the depreciable real property you bought as additional depreciation. 2010 income tax Basis of property acquired. 2010 income tax   If the ordinary income you have to report because of additional depreciation is limited, the total basis of the property you acquired is its fair market value (its cost, if bought to replace property involuntarily converted into money) minus the gain postponed. 2010 income tax   If you acquired more than one item of property, allocate the total basis among the properties in proportion to their fair market value (their cost, in an involuntary conversion into money). 2010 income tax However, if you acquired both depreciable real property and other property, allocate the total basis as follows. 2010 income tax Subtract the ordinary income because of additional depreciation that you do not have to report from the fair market value (or cost) of the depreciable real property acquired. 2010 income tax Add the fair market value (or cost) of the other property acquired to the result in (1). 2010 income tax Divide the result in (1) by the result in (2). 2010 income tax Multiply the total basis by the result in (3). 2010 income tax This is the basis of the depreciable real property acquired. 2010 income tax If you acquired more than one item of depreciable real property, allocate this basis amount among the properties in proportion to their fair market value (or cost). 2010 income tax Subtract the result in (4) from the total basis. 2010 income tax This is the basis of the other property acquired. 2010 income tax If you acquired more than one item of other property, allocate this basis amount among the properties in proportion to their fair market value (or cost). 2010 income tax Example 1. 2010 income tax In 1988, low-income housing property that you acquired and placed in service in 1983 was destroyed by fire and you received a $90,000 insurance payment. 2010 income tax The property's adjusted basis was $38,400, with additional depreciation of $14,932. 2010 income tax On December 1, 1988, you used the insurance payment to acquire and place in service replacement low-income housing property. 2010 income tax Your realized gain from the involuntary conversion was $51,600 ($90,000 − $38,400). 2010 income tax You chose to postpone reporting the gain under the involuntary conversion rules. 2010 income tax Under the rules for depreciation recapture on real property, the ordinary gain was $14,932, but you did not have to report any of it because of the limit for involuntary conversions. 2010 income tax The basis of the replacement low-income housing property was its $90,000 cost minus the $51,600 gain you postponed, or $38,400. 2010 income tax The $14,932 ordinary gain you did not report is treated as additional depreciation on the replacement property. 2010 income tax If you sold the property in 2013, your holding period for figuring the applicable percentage of additional depreciation to report as ordinary income will have begun December 2, 1988, the day after you acquired the property. 2010 income tax Example 2. 2010 income tax John Adams received a $90,000 fire insurance payment for depreciable real property (office building) with an adjusted basis of $30,000. 2010 income tax He uses the whole payment to buy property similar in use, spending $42,000 for depreciable real property and $48,000 for land. 2010 income tax He chooses to postpone reporting the $60,000 gain realized on the involuntary conversion. 2010 income tax Of this gain, $10,000 is ordinary income from additional depreciation but is not reported because of the limit for involuntary conversions of depreciable real property. 2010 income tax The basis of the property bought is $30,000 ($90,000 − $60,000), allocated as follows. 2010 income tax The $42,000 cost of depreciable real property minus $10,000 ordinary income not reported is $32,000. 2010 income tax The $48,000 cost of other property (land) plus the $32,000 figured in (1) is $80,000. 2010 income tax The $32,000 figured in (1) divided by the $80,000 figured in (2) is 0. 2010 income tax 4. 2010 income tax The basis of the depreciable real property is $12,000. 2010 income tax This is the $30,000 total basis multiplied by the 0. 2010 income tax 4 figured in (3). 2010 income tax The basis of the other property (land) is $18,000. 2010 income tax This is the $30,000 total basis minus the $12,000 figured in (4). 2010 income tax The ordinary income that is not reported ($10,000) is carried over as additional depreciation to the depreciable real property that was bought and may be taxed as ordinary income on a later disposition. 2010 income tax Multiple Properties If you dispose of depreciable property and other property in one transaction and realize a gain, you must allocate the amount realized between the two types of property in proportion to their respective fair market values to figure the part of your gain to be reported as ordinary income from depreciation. 2010 income tax Different rules may apply to the allocation of the amount realized on the sale of a business that includes a group of assets. 2010 income tax See chapter 2. 2010 income tax In general, if a buyer and seller have adverse interests as to the allocation of the amount realized between the depreciable property and other property, any arm's length agreement between them will establish the allocation. 2010 income tax In the absence of an agreement, the allocation should be made by taking into account the appropriate facts and circumstances. 2010 income tax These include, but are not limited to, a comparison between the depreciable property and all the other property being disposed of in the transaction. 2010 income tax The comparison should take into account all the following facts and circumstances. 2010 income tax The original cost and reproduction cost of construction, erection, or production. 2010 income tax The remaining economic useful life. 2010 income tax The state of obsolescence. 2010 income tax The anticipated expenditures required to maintain, renovate, or modernize the properties. 2010 income tax Like-kind exchanges and involuntary conversions. 2010 income tax   If you dispose of and acquire depreciable personal property and other property (other than depreciable real property) in a like-kind exchange or involuntary conversion, the amount realized is allocated in the following way. 2010 income tax The amount allocated to the depreciable personal property disposed of is treated as consisting of, first, the fair market value of the depreciable personal property acquired and, second (to the extent of any remaining balance), the fair market value of the other property acquired. 2010 income tax The amount allocated to the other property disposed of is treated as consisting of the fair market value of all property acquired that has not already been taken into account. 2010 income tax   If you dispose of and acquire depreciable real property and other property in a like-kind exchange or involuntary conversion, the amount realized is allocated in the following way. 2010 income tax The amount allocated to each of the three types of property (depreciable real property, depreciable personal property, or other property) disposed of is treated as consisting of, first, the fair market value of that type of property acquired and, second (to the extent of any remaining balance), any excess fair market value of the other types of property acquired. 2010 income tax If the excess fair market value is more than the remaining balance of the amount realized and is from both of the other two types of property, you can apply the unallocated amount in any manner you choose. 2010 income tax Example. 2010 income tax A fire destroyed your property with a total fair market value of $50,000. 2010 income tax It consisted of machinery worth $30,000 and nondepreciable property worth $20,000. 2010 income tax You received an insurance payment of $40,000 and immediately used it with $10,000 of your own funds (for a total of $50,000) to buy machinery with a fair market value of $15,000 and nondepreciable property with a fair market value of $35,000. 2010 income tax The adjusted basis of the destroyed machinery was $5,000 and your depreciation on it was $35,000. 2010 income tax You choose to postpone reporting your gain from the involuntary conversion. 2010 income tax You must report $9,000 as ordinary income from depreciation arising from this transaction, figured as follows. 2010 income tax The $40,000 insurance payment must be allocated between the machinery and the other property destroyed in proportion to the fair market value of each. 2010 income tax The amount allocated to the machinery is 30,000/50,000 × $40,000, or $24,000. 2010 income tax The amount allocated to the other property is 20,000/50,000 × $40,000, or $16,000. 2010 income tax Your gain on the involuntary conversion of the machinery is $24,000 minus $5,000 adjusted basis, or $19,000. 2010 income tax The $24,000 allocated to the machinery disposed of is treated as consisting of the $15,000 fair market value of the replacement machinery bought and $9,000 of the fair market value of other property bought in the transaction. 2010 income tax All $16,000 allocated to the other property disposed of is treated as consisting of the fair market value of the other property that was bought. 2010 income tax Your potential ordinary income from depreciation is $19,000, the gain on the machinery, because it is less than the $35,000 depreciation. 2010 income tax However, the amount you must report as ordinary income is limited to the $9,000 included in the amount realized for the machinery that represents the fair market value of property other than the depreciable property you bought. 2010 income tax Prev  Up  Next   Home   More Online Publications
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Non-filer Investigations - Criminal Investigation (CI)

Overview
Taxpayers who fail to file income tax returns and pay taxes pose a serious threat to tax administration and the American economy.

Who Must File
All citizens must comply with the requirements of the tax law to file returns and pay taxes.

Facts & Fiction of Frivolous Arguments
The 16th Amendment was ratified on February 3, 1913 giving Congress the power "to lay and collect taxes."

IRS Warns of Frivolous Tax Arguments
IRS issued Press Releases that summarize several cases where the taxpayer was fined or penalized for frivolous contentions.

Department of Justice Issues Injunction
The Department of Justice has issued several injunctions against promoters of illegal tax plans or shelters that urge taxpayer to violate the tax laws.

Statistical Data
Enforcement statistics on investigations initiated, prosecutions recommended, indictments, sentenced investigations and months to serve in prison.

Examples of Non-filer Investigations
Examples are written from public record documents filed in the district courts where the case was prosecuted.

 


Criminal Enforcement Home Page

How to Report Suspected Tax Fraud Activities

Page Last Reviewed or Updated: 30-Oct-2013

The 2010 Income Tax

2010 income tax Part Four -   Ajustes a los Ingresos Los tres capítulos de esta sección abordan algunos de los ajustes a los ingresos que puede deducir al calcular el ingreso bruto ajustado. 2010 income tax Estos capítulos abarcan: Aportaciones a arreglos tradicionales de ahorros para la jubilación (IRA, por sus siglas en inglés), el capítulo 17 , Pensión para el cónyuge divorciado que paga, el capítulo 18 e Intereses sobre préstamos de estudios que usted paga, el capítulo 19 . 2010 income tax Otros ajustes a los ingresos se explican en otras partes de esta publicación o en otras publicaciones. 2010 income tax Vea la Tabla V que aparece a continuación. 2010 income tax Tabla V. 2010 income tax Otros Ajustes a los Ingresos  Utilice esta tabla para buscar información acerca de otros ajustes a los ingresos no abarcados en esta sección de la publicación. 2010 income tax SI busca más información sobre la deducción por. 2010 income tax . 2010 income tax . 2010 income tax ENTONCES vea. 2010 income tax . 2010 income tax . 2010 income tax Determinados gastos de negocio de personal en reserva de las Fuerzas Armadas, artistas del espectáculo y funcionarios que prestan servicios por honorarios el capítulo 26 . 2010 income tax Aportaciones a cuentas de ahorros para gastos médicos la Publicación 969, Health Savings Accounts and Other Tax-Favored Health Plans (Cuentas de ahorros para gastos médicos y otros planes para la salud con beneficios tributarios), en inglés. 2010 income tax Gastos de mudanza la Publicación 521, Moving Expenses (Gastos de mudanza), en inglés. 2010 income tax Una porción del impuesto sobre el trabajo por cuenta propia el capítulo 22 . 2010 income tax Seguro médico para personas que trabajan por cuenta propia el capítulo 21 . 2010 income tax Pagos a planes SEP, SIMPLE y planes calificados para personas que trabajan por cuenta propia la Publicación 560, Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans) (Planes de jubilación para pequeños negocios (SEP, SIMPLE y planes calificados)), en inglés. 2010 income tax Multa por retiro prematuro de ahorros el capítulo 7 . 2010 income tax Aportaciones a un plan de ahorros médicos Archer (MSA, por sus siglas en inglés) la Publicación 969, en inglés. 2010 income tax Amortización o gasto de reforestación los capítulos 7 y 8 de la Publicación 535, Business Expenses (Gastos de negocios), en inglés. 2010 income tax Aportaciones a planes de pensiones conforme a la sección 501(c)(18)(D) del Código Federal de Impuestos Internos la Publicación 525, Taxable and Nontaxable Income (Ingreso tributable y no tributable), en inglés. 2010 income tax Gastos procedentes del alquiler de bienes muebles el capítulo 12 . 2010 income tax Determinados reintegros obligatorios de prestaciones suplementarias por desempleo (sub-pago) el capítulo 12 . 2010 income tax Gastos por concepto de vivienda en el extranjero el capítulo 4 de la Publicación 54, Tax Guide for U. 2010 income tax S. 2010 income tax Citizens and Resident Aliens Abroad (Guía tributaria para ciudadanos estadounidenses y extranjeros residentes que viven en el extranjero), en inglés. 2010 income tax Pago de servicio de juraduría que se le haya entregado a su empleador el capítulo 12 . 2010 income tax Aportaciones hechas por determinados capellanes a planes conforme a la sección 403(b) del Código Federal de Impuestos Internos la Publicación 517, Social Security and Other Information for Members of the Clergy and Religious Workers (Seguro Social y otra información para miembros del clero y empleados religiosos), en inglés. 2010 income tax Honorarios de abogado y determinados costos por acciones legales con respecto a reclamaciones por discriminación ilegal y premios a denunciantes dentro de su propia empresa la Publicación 525, en inglés. 2010 income tax Deducción por actividades de producción nacional el Formulario 8903, Domestic Production Activities Deduction (Deducción por actividades de producción nacional), en inglés. 2010 income tax Table of Contents 17. 2010 income tax   Arreglos de Ahorros para la Jubilación (Arreglos IRA)Qué Hay de Nuevo en el Año 2013 Recordatorios Introduction Useful Items - You may want to see: Arreglos IRA Tradicionales¿Quién Puede Abrir un Arreglo IRA Tradicional? ¿Cuándo y Cómo se Puede Abrir un Arreglo IRA Tradicional? ¿Cuánto se Puede Aportar? ¿Cuándo se Pueden Hacer Aportaciones? ¿Cuánto se Puede Deducir? Aportaciones no Deducibles Arreglos IRA Heredados ¿Puede Traspasar Activos de un Plan de Jubilación? ¿Cuándo Puede Retirar o Utilizar Activos de un Arreglo IRA? ¿Cuándo Tiene que Retirar Activos de un Arreglo IRA? (Distribuciones Mínimas Obligatorias) ¿Están Sujetas a Impuestos las Distribuciones? ¿Qué Acciones Dan Lugar a Multas o Impuestos Adicionales? Arreglos Roth IRA ¿Qué Es un Arreglo Roth IRA? ¿Cuándo se Puede Abrir un Arreglo Roth IRA? ¿Puede Hacer Aportaciones a un Arreglo Roth IRA? ¿Se Pueden Trasladar Activos a un Arreglo Roth IRA? ¿Están Sujetas a Impuestos las Distribuciones? 18. 2010 income tax   Pensión para el Cónyuge DivorciadoIntroductionCónyuge o ex cónyuge. 2010 income tax Documento (instrumento) de divorcio o separación judicial. 2010 income tax Useful Items - You may want to see: Reglas GeneralesPagos hipotecarios. 2010 income tax Impuestos y seguro. 2010 income tax Otros pagos a terceros. 2010 income tax Documentos Firmados Después de 1984Pagos a terceros. 2010 income tax Excepción. 2010 income tax Pagos sustitutivos. 2010 income tax Específicamente designado como pensión para hijos menores. 2010 income tax Contingencia relacionada con su hijo. 2010 income tax Pago claramente asociado con una contingencia. 2010 income tax Cómo Deducir la Pensión para el Cónyuge Divorciado que Pagó Cómo Declarar la Pensión para el Cónyuge Divorciado Recibida Regla de Recuperación 19. 2010 income tax   Ajustes Tributarios por EstudiosIntroduction Useful Items - You may want to see: Deducción por Intereses sobre Préstamos de EstudiosDefinición de los Intereses sobre Préstamos de Estudios ¿Puede Reclamar la Deducción? ¿Cuánto Puede Deducir? ¿Cómo Calcular la Deducción? Deducción por Matrícula y Cuotas Escolares¿Puede Reclamar la Deducción? Gastos que Califican Estudiante que Reúne los Requisitos Quién Puede Reclamar los Gastos de un Dependiente Cuánto se Puede Deducir Gastos del Educador Prev  Up  Next   Home   More Online Publications