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Bankruptcy Married Filing Income Taxes Separately

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Bankruptcy Married Filing Income Taxes Separately

Bankruptcy married filing income taxes separately 10. Bankruptcy married filing income taxes separately   Indoor Tanning Services Tax Table of Contents The tax on indoor tanning service is 10% of the amount paid for that service. Bankruptcy married filing income taxes separately The tax is paid by the person paying for the services and is collected by the person receiving payment for the indoor tanning services. Bankruptcy married filing income taxes separately Definition of indoor tanning services. Bankruptcy married filing income taxes separately   Indoor tanning service means a service employing any electronic product designed to incorporate one or more ultraviolet lamps and intended for the irradiation of an individual by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning. Bankruptcy married filing income taxes separately The term does not include phototherapy service performed by, and on the premises of, a licensed medical professional (such as a dermatologist, psychologist, or registered nurse). Bankruptcy married filing income taxes separately See regulations section 49. Bankruptcy married filing income taxes separately 5000B-1 for more information, and special rules for qualified physical fitness facilities, undesignated payment cards, and bundled payments. Bankruptcy married filing income taxes separately File Form 720. Bankruptcy married filing income taxes separately   The person receiving the payment for indoor tanning services (collector) must collect and remit the tax and file the return. Bankruptcy married filing income taxes separately If the tax is not collected for any reason, the collector is liable for the tax. Bankruptcy married filing income taxes separately The collector is not required to make semimonthly deposits of the tax. Bankruptcy married filing income taxes separately Prev  Up  Next   Home   More Online Publications
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The Bankruptcy Married Filing Income Taxes Separately

Bankruptcy married filing income taxes separately 3. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Its treatment as ordinary or capital is determined under rules for section 1231 transactions. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Any remaining gain is a section 1231 gain. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Section 1231 Gains and Losses Section 1231 gains and losses are the taxable gains and losses from section 1231 transactions (discussed below). Bankruptcy married filing income taxes separately Their treatment as ordinary or capital depends on whether you have a net gain or a net loss from all your section 1231 transactions. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately Do not take that gain into account as section 1231 gain. Bankruptcy married filing income taxes separately Section 1231 transactions. Bankruptcy married filing income taxes separately   The following transactions result in gain or loss subject to section 1231 treatment. Bankruptcy married filing income taxes separately Sales or exchanges of real property or depreciable personal property. Bankruptcy married filing income taxes separately This property must be used in a trade or business and held longer than 1 year. Bankruptcy married filing income taxes separately Generally, property held for the production of rents or royalties is considered to be used in a trade or business. Bankruptcy married filing income taxes separately Depreciable personal property includes amortizable section 197 intangibles (described in chapter 2 under Other Dispositions). Bankruptcy married filing income taxes separately Sales or exchanges of leaseholds. Bankruptcy married filing income taxes separately The leasehold must be used in a trade or business and held longer than 1 year. Bankruptcy married filing income taxes separately Sales or exchanges of cattle and horses. Bankruptcy married filing income taxes separately The cattle and horses must be held for draft, breeding, dairy, or sporting purposes and held for 2 years or longer. Bankruptcy married filing income taxes separately Sales or exchanges of other livestock. Bankruptcy married filing income taxes separately This livestock does not include poultry. Bankruptcy married filing income taxes separately It must be held for draft, breeding, dairy, or sporting purposes and held for 1 year or longer. Bankruptcy married filing income taxes separately Sales or exchanges of unharvested crops. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately Growing crops sold with a lease on the land, though sold to the same person in the same transaction, are not included. Bankruptcy married filing income taxes separately Cutting of timber or disposal of timber, coal, or iron ore. Bankruptcy married filing income taxes separately The cutting or disposal must be treated as a sale, as described in chapter 2 under Timber and Coal and Iron Ore. Bankruptcy married filing income taxes separately Condemnations. Bankruptcy married filing income taxes separately The condemned property must have been held longer than 1 year. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately It cannot be property held for personal use. Bankruptcy married filing income taxes separately Casualties and thefts. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately You must have held the property longer than 1 year. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately For more information on casualties and thefts, see Publication 547. Bankruptcy married filing income taxes separately Property for sale to customers. Bankruptcy married filing income taxes separately   A sale, exchange, or involuntary conversion of property held mainly for sale to customers is not a section 1231 transaction. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately You manufacture and sell steel cable, which you deliver on returnable reels that are depreciable property. Bankruptcy married filing income taxes separately Customers make deposits on the reels, which you refund if the reels are returned within a year. Bankruptcy married filing income taxes separately If they are not returned, you keep each deposit as the agreed-upon sales price. Bankruptcy married filing income taxes separately Most reels are returned within the 1-year period. Bankruptcy married filing income taxes separately You keep adequate records showing depreciation and other charges to the capitalized cost of the reels. Bankruptcy married filing income taxes separately Under these conditions, the reels are not property held for sale to customers in the ordinary course of your business. Bankruptcy married filing income taxes separately Any gain or loss resulting from their not being returned may be capital or ordinary, depending on your section 1231 transactions. Bankruptcy married filing income taxes separately Copyrights. Bankruptcy married filing income taxes separately    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). Bankruptcy married filing income taxes separately The sale of such property results in ordinary income and generally is reported in Part II of Form 4797. Bankruptcy married filing income taxes separately Treatment as ordinary or capital. Bankruptcy married filing income taxes separately   To determine the treatment of section 1231 gains and losses, combine all your section 1231 gains and losses for the year. Bankruptcy married filing income taxes separately If you have a net section 1231 loss, it is ordinary loss. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The rest, if any, is long-term capital gain. Bankruptcy married filing income taxes separately Nonrecaptured section 1231 losses. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately These losses are applied against your net section 1231 gain beginning with the earliest loss in the 5-year period. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately In 2013, Ben has a $2,000 net section 1231 gain. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately From 2008 through 2012 he had the following section 1231 gains and losses. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately This includes the date and manner of acquisition, cost or other basis, depreciation or amortization, and all other adjustments that affect basis. Bankruptcy married filing income taxes separately On property you acquired in a nontaxable exchange or as a gift, your records also must indicate the following information. Bankruptcy married filing income taxes separately Whether the adjusted basis was figured using depreciation or amortization you claimed on other property. Bankruptcy married filing income taxes separately Whether the adjusted basis was figured using depreciation or amortization another person claimed. Bankruptcy married filing income taxes separately Corporate distributions. Bankruptcy married filing income taxes separately   For information on property distributed by corporations, see Distributions to Shareholders in Publication 542, Corporations. Bankruptcy married filing income taxes separately General asset accounts. Bankruptcy married filing income taxes separately   Different rules apply to dispositions of property you depreciated using a general asset account. Bankruptcy married filing income taxes separately For information on these rules, see Publication 946. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately See Gain Treated as Ordinary Income, later. Bankruptcy married filing income taxes separately Any gain recognized that is more than the part that is ordinary income from depreciation is a section 1231 gain. Bankruptcy married filing income taxes separately See Treatment as ordinary or capital under Section 1231 Gains and Losses, earlier. Bankruptcy married filing income taxes separately Section 1245 property defined. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Personal property (either tangible or intangible). Bankruptcy married filing income taxes separately Other tangible property (except buildings and their structural components) used as any of the following. Bankruptcy married filing income taxes separately See Buildings and structural components below. Bankruptcy married filing income taxes separately An integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services. Bankruptcy married filing income taxes separately A research facility in any of the activities in (a). Bankruptcy married filing income taxes separately A facility in any of the activities in (a) for the bulk storage of fungible commodities (discussed on the next page). Bankruptcy married filing income taxes separately That part of real property (not included in (2)) with an adjusted basis reduced by (but not limited to) the following. Bankruptcy married filing income taxes separately Amortization of certified pollution control facilities. Bankruptcy married filing income taxes separately The section 179 expense deduction. Bankruptcy married filing income taxes separately Deduction for clean-fuel vehicles and certain refueling property. Bankruptcy married filing income taxes separately Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations. Bankruptcy married filing income taxes separately Deduction for certain qualified refinery property. Bankruptcy married filing income taxes separately Deduction for qualified energy efficient commercial building property. Bankruptcy married filing income taxes separately Amortization of railroad grading and tunnel bores, if in effect before the repeal by the Revenue Reconciliation Act of 1990. Bankruptcy married filing income taxes separately (Repealed by Public Law 99-514, Tax Reform Act of 1986, section 242(a). Bankruptcy married filing income taxes separately ) 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). Bankruptcy married filing income taxes separately Expenditures to remove architectural and transportation barriers to the handicapped and elderly. Bankruptcy married filing income taxes separately Deduction for qualified tertiary injectant expenses. Bankruptcy married filing income taxes separately Certain reforestation expenditures. Bankruptcy married filing income taxes separately Deduction for election to expense qualified advanced mine safety equipment property. Bankruptcy married filing income taxes separately Single purpose agricultural (livestock) or horticultural structures. Bankruptcy married filing income taxes separately Storage facilities (except buildings and their structural components) used in distributing petroleum or any primary product of petroleum. Bankruptcy married filing income taxes separately Any railroad grading or tunnel bore. Bankruptcy married filing income taxes separately Buildings and structural components. Bankruptcy married filing income taxes separately   Section 1245 property does not include buildings and structural components. Bankruptcy married filing income taxes separately The term building includes a house, barn, warehouse, or garage. Bankruptcy married filing income taxes separately The term structural component includes walls, floors, windows, doors, central air conditioning systems, light fixtures, etc. Bankruptcy married filing income taxes separately   Do not treat a structure that is essentially machinery or equipment as a building or structural component. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Facility for bulk storage of fungible commodities. Bankruptcy married filing income taxes separately   This term includes oil or gas storage tanks and grain storage bins. Bankruptcy married filing income taxes separately Bulk storage means the storage of a commodity in a large mass before it is used. Bankruptcy married filing income taxes separately For example, if a facility is used to store oranges that have been sorted and boxed, it is not used for bulk storage. Bankruptcy married filing income taxes separately To be fungible, a commodity must be such that one part may be used in place of another. Bankruptcy married filing income taxes separately   Stored materials that vary in composition, size, and weight are not fungible. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately For example, the storage of different grades and forms of aluminum scrap is not storage of fungible commodities. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The depreciation and amortization allowed or allowable on the property. Bankruptcy married filing income taxes separately The gain realized on the disposition (the amount realized from the disposition minus the adjusted basis of the property). Bankruptcy married filing income taxes separately A limit on this amount for gain on like-kind exchanges and involuntary conversions is explained later. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately See Gifts and Transfers at Death, later. Bankruptcy married filing income taxes separately Use Part III of Form 4797 to figure the ordinary income part of the gain. Bankruptcy married filing income taxes separately Depreciation taken on other property or taken by other taxpayers. Bankruptcy married filing income taxes separately   Depreciation and amortization include the amounts you claimed on the section 1245 property as well as the following depreciation and amortization amounts. Bankruptcy married filing income taxes separately Amounts you claimed on property you exchanged for, or converted to, your section 1245 property in a like-kind exchange or involuntary conversion. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately Depreciation and amortization. Bankruptcy married filing income taxes separately   Depreciation and amortization that must be recaptured as ordinary income include (but are not limited to) the following items. Bankruptcy married filing income taxes separately Ordinary depreciation deductions. Bankruptcy married filing income taxes separately Any special depreciation allowance you claimed. Bankruptcy married filing income taxes separately Amortization deductions for all the following costs. Bankruptcy married filing income taxes separately Acquiring a lease. Bankruptcy married filing income taxes separately Lessee improvements. Bankruptcy married filing income taxes separately Certified pollution control facilities. Bankruptcy married filing income taxes separately Certain reforestation expenses. Bankruptcy married filing income taxes separately Section 197 intangibles. Bankruptcy married filing income taxes separately Childcare facility expenses made before 1982, if in effect before the repeal of IRC 188. Bankruptcy married filing income taxes separately Franchises, trademarks, and trade names acquired before August 11, 1993. Bankruptcy married filing income taxes separately The section 179 deduction. Bankruptcy married filing income taxes separately Deductions for all the following costs. Bankruptcy married filing income taxes separately Removing barriers to the disabled and the elderly. Bankruptcy married filing income taxes separately Tertiary injectant expenses. Bankruptcy married filing income taxes separately Depreciable clean-fuel vehicles and refueling property (minus the amount of any recaptured deduction). Bankruptcy married filing income taxes separately Environmental cleanup costs. Bankruptcy married filing income taxes separately Certain reforestation expenses. Bankruptcy married filing income taxes separately Qualified disaster expenses. Bankruptcy married filing income taxes separately Any basis reduction for the investment credit (minus any basis increase for credit recapture). Bankruptcy married filing income taxes separately Any basis reduction for the qualified electric vehicle credit (minus any basis increase for credit recapture). Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately You file your returns on a calendar year basis. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately You used the half-year convention and your MACRS deductions for the truck were $2,000 in 2011 and $3,200 in 2012. Bankruptcy married filing income taxes separately You did not take the section 179 deduction. Bankruptcy married filing income taxes separately You sold the truck in May 2013 for $7,000. Bankruptcy married filing income taxes separately The MACRS deduction in 2013, the year of sale, is $960 (½ of $1,920). Bankruptcy married filing income taxes separately Figure the gain treated as ordinary income as follows. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Depreciation allowed or allowable. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   This treatment applies only when figuring what part of gain is treated as ordinary income under the rules for section 1245 depreciation recapture. Bankruptcy married filing income taxes separately Multiple asset accounts. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately In one transaction you sold 50 machines, 25 trucks, and certain other property that is not section 1245 property. Bankruptcy married filing income taxes separately All of the depreciation was recorded in a single depreciation account. Bankruptcy married filing income taxes separately After dividing the total received among the various assets sold, you figured that each unit of section 1245 property was sold at a gain. Bankruptcy married filing income taxes separately You can figure the ordinary income from depreciation as if the 50 machines and 25 trucks were one item. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Normal retirement. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately To determine the additional depreciation on section 1250 property, see Additional Depreciation, below. Bankruptcy married filing income taxes separately Section 1250 property defined. Bankruptcy married filing income taxes separately   This includes all real property that is subject to an allowance for depreciation and that is not and never has been section 1245 property. Bankruptcy married filing income taxes separately It includes a leasehold of land or section 1250 property subject to an allowance for depreciation. Bankruptcy married filing income taxes separately A fee simple interest in land is not included because it is not depreciable. Bankruptcy married filing income taxes separately   If your section 1250 property becomes section 1245 property because you change its use, you can never again treat it as section 1250 property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately For a list of items treated as depreciation adjustments, see Depreciation and amortization under Gain Treated as Ordinary Income, earlier. Bankruptcy married filing income taxes separately For the treatment of unrecaptured section 1250 gain, see Capital Gains Tax Rate, later. Bankruptcy married filing income taxes separately If you hold section 1250 property for 1 year or less, all the depreciation is additional depreciation. Bankruptcy married filing income taxes separately You will not have additional depreciation if any of the following conditions apply to the property disposed of. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The property was residential low-income rental property you held for 162/3 years or longer. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately These properties are depreciated using the straight line method. Bankruptcy married filing income taxes separately In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction. Bankruptcy married filing income taxes separately Depreciation taken by other taxpayers or on other property. Bankruptcy married filing income taxes separately   Additional depreciation includes all depreciation adjustments to the basis of section 1250 property whether allowed to you or another person (as carryover basis property). Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately Larry Johnson gives his son section 1250 property on which he took $2,000 in depreciation deductions, of which $500 is additional depreciation. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately At the time of sale, the additional depreciation is $700 ($500 allowed the father plus $200 allowed the son). Bankruptcy married filing income taxes separately Depreciation allowed or allowable. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Retired or demolished property. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately A wing of your building is totally destroyed by fire. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Figuring straight line depreciation. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   Salvage value and useful life are not used for the ACRS method of depreciation. Bankruptcy married filing income taxes separately Figure straight line depreciation for ACRS real property by using its 15-, 18-, or 19-year recovery period as the property's useful life. Bankruptcy married filing income taxes separately   The straight line method is applied without any basis reduction for the investment credit. Bankruptcy married filing income taxes separately Property held by lessee. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The same rule applies to the cost of acquiring a lease. Bankruptcy married filing income taxes separately   The term renewal period means any period for which the lease may be renewed, extended, or continued under an option exercisable by the lessee. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The percentages for these types of real property are as follows. Bankruptcy married filing income taxes separately Nonresidential real property. Bankruptcy married filing income taxes separately   For real property that is not residential rental property, the applicable percentage for periods after 1969 is 100%. Bankruptcy married filing income taxes separately For periods before 1970, the percentage is zero and no ordinary income because of additional depreciation before 1970 will result from its disposition. Bankruptcy married filing income taxes separately Residential rental property. Bankruptcy married filing income taxes separately   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%. Bankruptcy married filing income taxes separately The percentage for periods before 1976 is zero. Bankruptcy married filing income taxes separately Therefore, no ordinary income because of additional depreciation before 1976 will result from a disposition of residential rental property. Bankruptcy married filing income taxes separately Low-income housing. Bankruptcy married filing income taxes separately    Low-income housing includes all the following types of residential rental property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Low-income rental housing for which a depreciation deduction for rehabilitation expenses was allowed. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Housing financed or assisted by direct loan or insured under Title V of the Housing Act of 1949. Bankruptcy married filing income taxes separately   The applicable percentage for low-income housing is 100% minus 1% for each full month the property was held over 100 full months. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Foreclosure. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately On June 1, 2001, you acquired low-income housing property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The property qualifies for a reduced applicable percentage because it was held more than 100 full months. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Therefore, 70% of the additional depreciation is treated as ordinary income. Bankruptcy married filing income taxes separately Holding period. Bankruptcy married filing income taxes separately   The holding period used to figure the applicable percentage for low-income housing generally starts on the day after you acquired it. Bankruptcy married filing income taxes separately For example, if you bought low-income housing on January 1, 1997, the holding period starts on January 2, 1997. Bankruptcy married filing income taxes separately If you sold it on January 2, 2013, the holding period is exactly 192 full months. Bankruptcy married filing income taxes separately The applicable percentage for additional depreciation is 8%, or 100% minus 1% for each full month the property was held over 100 full months. Bankruptcy married filing income taxes separately Holding period for constructed, reconstructed, or erected property. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Property acquired by gift or received in a tax-free transfer. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately See Low-Income Housing With Two or More Elements, next. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The gain to be reported as ordinary income is the sum of the ordinary income figured for each element. Bankruptcy married filing income taxes separately The following are the types of separate elements. Bankruptcy married filing income taxes separately A separate improvement (defined below). Bankruptcy married filing income taxes separately The basic section 1250 property plus improvements not qualifying as separate improvements. Bankruptcy married filing income taxes separately The units placed in service at different times before all the section 1250 property is finished. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately As a result, the apartment house consists of three separate elements. Bankruptcy married filing income taxes separately The 36-month test for separate improvements. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately $5,000. Bankruptcy married filing income taxes separately The 1-year test. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately The unadjusted basis is figured as of the start of that tax year or the holding period of the property, whichever is later. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately The unadjusted basis of a calendar year taxpayer's property was $300,000 on January 1 of this year. Bankruptcy married filing income taxes separately During the year, the taxpayer made improvements A, B, and C, which cost $1,000, $600, and $700, respectively. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately However, if improvement C had cost $1,500, the sum of these improvements would have been $3,100. Bankruptcy married filing income taxes separately Then, it would be necessary to apply the 36-month test to figure if the improvements must be treated as separate improvements. Bankruptcy married filing income taxes separately Addition to the capital account. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately   The addition to the capital account of depreciable real property is the gross addition not reduced by amounts attributable to replaced property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The $20,000 adjusted basis of the old roof is no longer reflected in the basis of the property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   Whether an expense is treated as an addition to the capital account may depend on the final disposition of the entire property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Unadjusted basis. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately However, the cost of components retired before that date is not included in the unadjusted basis. Bankruptcy married filing income taxes separately Holding period. Bankruptcy married filing income taxes separately   Use the following guidelines for figuring the applicable percentage for property with two or more elements. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The holding period for each improvement not qualifying as a separate element takes the holding period of the basic property. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Use the first day of a calendar month that is closest to the middle of the tax year. Bankruptcy married filing income taxes separately If there are two first days of a month that are equally close to the middle of the year, use the earlier date. Bankruptcy married filing income taxes separately Figuring ordinary income attributable to each separate element. Bankruptcy married filing income taxes separately   Figure ordinary income attributable to each separate element as follows. Bankruptcy married filing income taxes separately   Step 1. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   Step 2. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately   Step 3. Bankruptcy married filing income taxes separately Multiply the result in Step 2 by the applicable percentage for the element. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately You sold at a gain of $25,000 low-income housing property subject to the ordinary income rules of section 1250. Bankruptcy married filing income taxes separately The property consisted of four elements (W, X, Y, and Z). Bankruptcy married filing income taxes separately Step 1. Bankruptcy married filing income taxes separately The additional depreciation for each element is: W-$12,000; X-None; Y-$6,000; and Z-$6,000. Bankruptcy married filing income taxes separately The sum of the additional depreciation for all the elements is $24,000. Bankruptcy married filing income taxes separately Step 2. Bankruptcy married filing income taxes separately The depreciation deducted on element X was $4,000 less than it would have been under the straight line method. Bankruptcy married filing income taxes separately Additional depreciation on the property as a whole is $20,000 ($24,000 − $4,000). Bankruptcy married filing income taxes separately $20,000 is lower than the $25,000 gain on the sale, so $20,000 is used in Step 2. Bankruptcy married filing income taxes separately Step 3. Bankruptcy married filing income taxes separately The applicable percentages to be used in Step 3 for the elements are: W-68%; X-85%; Y-92%; and Z-100%. Bankruptcy married filing income taxes separately From these facts, the sum of the ordinary income for each element is figured as follows. Bankruptcy married filing income taxes separately   Step 1 Step 2 Step 3 Ordinary Income W . Bankruptcy married filing income taxes separately 50 $10,000 68% $ 6,800 X -0- -0- 85% -0- Y . Bankruptcy married filing income taxes separately 25 5,000 92% 4,600 Z . Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately In a sale, exchange, or involuntary conversion of the property, figure the amount realized that is more than the adjusted basis of the property. Bankruptcy married filing income taxes separately In any other disposition of the property, figure the fair market value that is more than the adjusted basis. Bankruptcy married filing income taxes separately Figure the additional depreciation for the periods after 1975. Bankruptcy married filing income taxes separately Multiply the lesser of (1) or (2) by the applicable percentage, discussed earlier under Applicable Percentage. Bankruptcy married filing income taxes separately Stop here if this is residential rental property or if (2) is equal to or more than (1). Bankruptcy married filing income taxes separately This is the gain treated as ordinary income because of additional depreciation. Bankruptcy married filing income taxes separately Subtract (2) from (1). Bankruptcy married filing income taxes separately Figure the additional depreciation for periods after 1969 but before 1976. Bankruptcy married filing income taxes separately Add the lesser of (4) or (5) to the result in (3). Bankruptcy married filing income taxes separately This is the gain treated as ordinary income because of additional depreciation. Bankruptcy married filing income taxes separately A limit on the amount treated as ordinary income for gain on like-kind exchanges and involuntary conversions is explained later. Bankruptcy married filing income taxes separately Use Form 4797, Part III, to figure the ordinary income part of the gain. Bankruptcy married filing income taxes separately Corporations. Bankruptcy married filing income taxes separately   Corporations, other than S corporations, must recognize an additional amount as ordinary income on the sale or other disposition of section 1250 property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Report this additional ordinary income on Form 4797, Part III, line 26 (f). Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately This applies even if no payments are received in that year. Bankruptcy married filing income taxes separately If the gain is more than the depreciation recapture income, report the rest of the gain using the rules of the installment method. Bankruptcy married filing income taxes separately For this purpose, include the recapture income in your installment sale basis to determine your gross profit on the installment sale. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately To do this, allocate the selling price and the payments you receive in the year of sale to each asset. Bankruptcy married filing income taxes separately Report any depreciation recapture income in the year of sale before using the installment method for any remaining gain. Bankruptcy married filing income taxes separately For a detailed discussion of installment sales, see Publication 537. Bankruptcy married filing income taxes separately Gifts If you make a gift of depreciable personal property or real property, you do not have to report income on the transaction. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately For low-income housing, the donee must take into account the donor's holding period to figure the applicable percentage. Bankruptcy married filing income taxes separately See Applicable Percentage and its discussion Holding period under Section 1250 Property, earlier. Bankruptcy married filing income taxes separately Part gift and part sale or exchange. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately However, see Bargain sale to charity, later. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately You transferred depreciable personal property to your son for $20,000. Bankruptcy married filing income taxes separately When transferred, the property had an adjusted basis to you of $10,000 and a fair market value of $40,000. Bankruptcy married filing income taxes separately You took depreciation of $30,000. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Gift to charitable organization. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Thus, your deduction for depreciable real or personal property given to a charitable organization does not include the potential ordinary gain from depreciation. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately For more information, see Giving Property That Has Increased in Value in Publication 526. Bankruptcy married filing income taxes separately Bargain sale to charity. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately First, figure the ordinary income as if you had sold the property at its fair market value. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately See Bargain Sale under Gain or Loss From Sales and Exchanges in chapter 1. Bankruptcy married filing income taxes separately Report as ordinary income the lesser of the ordinary income allocated to the sale or your gain from the sale. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately You sold section 1245 property in a bargain sale to a charitable organization and are allowed a deduction for your contribution. Bankruptcy married filing income taxes separately Your gain on the sale was $1,200, figured by allocating 20% of your adjusted basis in the property to the part sold. Bankruptcy married filing income taxes separately If you had sold the property at its fair market value, your ordinary income would have been $5,000. Bankruptcy married filing income taxes separately Your ordinary income is $1,000 ($5,000 × 20%) and your section 1231 gain is $200 ($1,200 – $1,000). Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately For information on the tax liability of a decedent, see Publication 559, Survivors, Executors, and Administrators. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example 1. Bankruptcy married filing income taxes separately Janet Smith owned depreciable property that, upon her death, was inherited by her son. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example 2. Bankruptcy married filing income taxes separately The trustee of a trust created by a will transfers depreciable property to a beneficiary in satisfaction of a specific bequest of $10,000. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Ordinary income from depreciation must be reported by the trust on the transfer. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately For information on like-kind exchanges and involuntary conversions, see chapter 1. Bankruptcy married filing income taxes separately Depreciable personal property. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately The gain that must be included in income under the rules for like-kind exchanges or involuntary conversions. Bankruptcy married filing income taxes separately The fair market value of the like-kind, similar, or related property other than depreciable personal property acquired in the transaction. Bankruptcy married filing income taxes separately Example 1. Bankruptcy married filing income taxes separately You bought a new machine for $4,300 cash plus your old machine for which you were allowed a $1,360 trade-in. Bankruptcy married filing income taxes separately The old machine cost you $5,000 two years ago. Bankruptcy married filing income taxes separately You took depreciation deductions of $3,950. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example 2. Bankruptcy married filing income taxes separately You bought office machinery for $1,500 two years ago and deducted $780 depreciation. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately You choose to postpone reporting gain, but replacement machinery cost you only $1,000. Bankruptcy married filing income taxes separately Your taxable gain under the rules for involuntary conversions is limited to the remaining $200 insurance payment. Bankruptcy married filing income taxes separately All your replacement property is depreciable personal property, so your ordinary income from depreciation is limited to $200. Bankruptcy married filing income taxes separately Example 3. Bankruptcy married filing income taxes separately A fire destroyed office machinery you bought for $116,000. Bankruptcy married filing income taxes separately The depreciation deductions were $91,640 and the machinery had an adjusted basis of $24,360. Bankruptcy married filing income taxes separately You received a $117,000 insurance payment, realizing a gain of $92,640. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately $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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The amount you must report as ordinary income on the transaction is $12,000, figured as follows. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Depreciable real property. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately Further, to figure the applicable percentage of additional depreciation to be treated as ordinary income, the holding period starts over for the new property. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately The state paid you $116,000 when it condemned your depreciable real property for public use. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately You also bought stock for $5,000 to get control of a corporation owning property similar in use to the property condemned. Bankruptcy married filing income taxes separately You choose to postpone reporting the gain. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The ordinary income to be reported is $6,000, which is the greater of the following amounts. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   The ordinary income not reported, $14,000 ($20,000 − $6,000), is carried over to the depreciable real property you bought as additional depreciation. Bankruptcy married filing income taxes separately Basis of property acquired. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately   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). Bankruptcy married filing income taxes separately However, if you acquired both depreciable real property and other property, allocate the total basis as follows. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Add the fair market value (or cost) of the other property acquired to the result in (1). Bankruptcy married filing income taxes separately Divide the result in (1) by the result in (2). Bankruptcy married filing income taxes separately Multiply the total basis by the result in (3). Bankruptcy married filing income taxes separately This is the basis of the depreciable real property acquired. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately Subtract the result in (4) from the total basis. Bankruptcy married filing income taxes separately This is the basis of the other property acquired. Bankruptcy married filing income taxes separately 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). Bankruptcy married filing income taxes separately Example 1. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The property's adjusted basis was $38,400, with additional depreciation of $14,932. Bankruptcy married filing income taxes separately On December 1, 1988, you used the insurance payment to acquire and place in service replacement low-income housing property. Bankruptcy married filing income taxes separately Your realized gain from the involuntary conversion was $51,600 ($90,000 − $38,400). Bankruptcy married filing income taxes separately You chose to postpone reporting the gain under the involuntary conversion rules. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The basis of the replacement low-income housing property was its $90,000 cost minus the $51,600 gain you postponed, or $38,400. Bankruptcy married filing income taxes separately The $14,932 ordinary gain you did not report is treated as additional depreciation on the replacement property. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example 2. Bankruptcy married filing income taxes separately John Adams received a $90,000 fire insurance payment for depreciable real property (office building) with an adjusted basis of $30,000. Bankruptcy married filing income taxes separately He uses the whole payment to buy property similar in use, spending $42,000 for depreciable real property and $48,000 for land. Bankruptcy married filing income taxes separately He chooses to postpone reporting the $60,000 gain realized on the involuntary conversion. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The basis of the property bought is $30,000 ($90,000 − $60,000), allocated as follows. Bankruptcy married filing income taxes separately The $42,000 cost of depreciable real property minus $10,000 ordinary income not reported is $32,000. Bankruptcy married filing income taxes separately The $48,000 cost of other property (land) plus the $32,000 figured in (1) is $80,000. Bankruptcy married filing income taxes separately The $32,000 figured in (1) divided by the $80,000 figured in (2) is 0. Bankruptcy married filing income taxes separately 4. Bankruptcy married filing income taxes separately The basis of the depreciable real property is $12,000. Bankruptcy married filing income taxes separately This is the $30,000 total basis multiplied by the 0. Bankruptcy married filing income taxes separately 4 figured in (3). Bankruptcy married filing income taxes separately The basis of the other property (land) is $18,000. Bankruptcy married filing income taxes separately This is the $30,000 total basis minus the $12,000 figured in (4). Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Different rules may apply to the allocation of the amount realized on the sale of a business that includes a group of assets. Bankruptcy married filing income taxes separately See chapter 2. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately In the absence of an agreement, the allocation should be made by taking into account the appropriate facts and circumstances. Bankruptcy married filing income taxes separately These include, but are not limited to, a comparison between the depreciable property and all the other property being disposed of in the transaction. Bankruptcy married filing income taxes separately The comparison should take into account all the following facts and circumstances. Bankruptcy married filing income taxes separately The original cost and reproduction cost of construction, erection, or production. Bankruptcy married filing income taxes separately The remaining economic useful life. Bankruptcy married filing income taxes separately The state of obsolescence. Bankruptcy married filing income taxes separately The anticipated expenditures required to maintain, renovate, or modernize the properties. Bankruptcy married filing income taxes separately Like-kind exchanges and involuntary conversions. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately   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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Example. Bankruptcy married filing income taxes separately A fire destroyed your property with a total fair market value of $50,000. Bankruptcy married filing income taxes separately It consisted of machinery worth $30,000 and nondepreciable property worth $20,000. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The adjusted basis of the destroyed machinery was $5,000 and your depreciation on it was $35,000. Bankruptcy married filing income taxes separately You choose to postpone reporting your gain from the involuntary conversion. Bankruptcy married filing income taxes separately You must report $9,000 as ordinary income from depreciation arising from this transaction, figured as follows. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately The amount allocated to the machinery is 30,000/50,000 × $40,000, or $24,000. Bankruptcy married filing income taxes separately The amount allocated to the other property is 20,000/50,000 × $40,000, or $16,000. Bankruptcy married filing income taxes separately Your gain on the involuntary conversion of the machinery is $24,000 minus $5,000 adjusted basis, or $19,000. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Your potential ordinary income from depreciation is $19,000, the gain on the machinery, because it is less than the $35,000 depreciation. Bankruptcy married filing income taxes separately 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. Bankruptcy married filing income taxes separately Prev  Up  Next   Home   More Online Publications