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Filing An Amended Tax Return For 2013

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Filing An Amended Tax Return For 2013

Filing an amended tax return for 2013 8. Filing an amended tax return for 2013   Gains and Losses Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Sales and ExchangesDetermining Gain or Loss Like-Kind Exchanges Transfer to Spouse Ordinary or Capital Gain or LossCapital Assets Noncapital Assets Hedging (Commodity Futures) Livestock Converted Wetland and Highly Erodible Cropland Timber Sale of a Farm Foreclosure or Repossession Abandonment Introduction This chapter explains how to figure, and report on your tax return, your gain or loss on the disposition of your property or debt and whether such gain or loss is ordinary or capital. Filing an amended tax return for 2013 Ordinary gain is taxed at the same rates as wages and interest income while capital gain is generally taxed at lower rates. Filing an amended tax return for 2013 Dispositions discussed in this chapter include sales, exchanges, foreclosures, repossessions, canceled debts, hedging transactions, and elections to treat cutting of timber as a sale or exchange. Filing an amended tax return for 2013 Topics - This chapter discusses: Sales and exchanges Ordinary or capital gain or loss Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 523 Selling Your Home 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 908 Bankruptcy Tax Guide Form (and Instructions) 982 Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) Sch D (Form 1040) Capital Gains and Losses Sch F (Form 1040) Profit or Loss From Farming 1099-A Acquisition or Abandonment of Secured Property 1099-C Cancellation of Debt 4797 Sales of Business Property 8949 Sales and Other Dispositions of Capital Assets See chapter 16 for information about getting publications and forms. Filing an amended tax return for 2013 Sales and Exchanges If you sell, exchange, or otherwise dispose of your property, you usually have a gain or a loss. Filing an amended tax return for 2013 This section explains certain rules for determining whether any gain you have is taxable, and whether any loss you have is deductible. Filing an amended tax return for 2013 A sale is a transfer of property for money or a mortgage, note, or other promise to pay money. Filing an amended tax return for 2013 An exchange is a transfer of property for other property or services. Filing an amended tax return for 2013 Determining Gain or Loss You usually realize a gain or loss when you sell or exchange property. Filing an amended tax return for 2013 If the amount you realize from a sale or exchange of property is more than its adjusted basis, you will have a gain. Filing an amended tax return for 2013 If the adjusted basis of the property is more than the amount you realize, you will have a loss. Filing an amended tax return for 2013 Basis and adjusted basis. Filing an amended tax return for 2013   The basis of property you buy is usually its cost. Filing an amended tax return for 2013 The adjusted basis of property is basis plus certain additions and minus certain deductions. Filing an amended tax return for 2013 See chapter 6 for more information about basis and adjusted basis. Filing an amended tax return for 2013 Amount realized. Filing an amended tax return for 2013   The amount you realize from a sale or exchange is the total of all money you receive plus the fair market value (FMV) (defined in chapter 6) of all property or services you receive. Filing an amended tax return for 2013 The amount you realize also includes any of your liabilities assumed by the buyer and any liabilities to which the property you transferred is subject, such as real estate taxes or a mortgage. Filing an amended tax return for 2013   If the liabilities relate to an exchange of multiple properties, see Multiple Property Exchanges in chapter 1 of Publication 544. Filing an amended tax return for 2013 Amount recognized. Filing an amended tax return for 2013   Your gain or loss realized from a sale or exchange of certain property is usually a recognized gain or loss for tax purposes. Filing an amended tax return for 2013 A recognized gain is a gain you must include in gross income and report on your income tax return. Filing an amended tax return for 2013 A recognized loss is a loss you deduct from gross income. Filing an amended tax return for 2013 However, your gain or loss realized from the exchange of certain property may not be recognized for tax purposes. Filing an amended tax return for 2013 See Like-Kind Exchanges next. Filing an amended tax return for 2013 Also, a loss from the disposition of property held for personal use is not deductible. Filing an amended tax return for 2013 Like-Kind Exchanges Certain exchanges of property are not taxable. Filing an amended tax return for 2013 This means any gain from the exchange is not recognized, and any loss cannot be deducted. Filing an amended tax return for 2013 Your gain or loss will not be recognized until you sell or otherwise dispose of the property you receive. Filing an amended tax return for 2013 The exchange of property for the same kind of property is the most common type of nontaxable exchange. Filing an amended tax return for 2013 To qualify for treatment as a like-kind exchange, the property traded and the property received must be both of the following. Filing an amended tax return for 2013 Qualifying property. Filing an amended tax return for 2013 Like-kind property. Filing an amended tax return for 2013 These two requirements are discussed later. Filing an amended tax return for 2013 Multiple-party transactions. Filing an amended tax return for 2013   The like-kind exchange rules also apply to property exchanges that involve three and four-party transactions. Filing an amended tax return for 2013 Any part of these multiple-party transactions can qualify as a like-kind exchange if it meets all the requirements described in this section. Filing an amended tax return for 2013 Receipt of title from third party. Filing an amended tax return for 2013   If you receive property in a like-kind exchange and the other party who transfers the property to you does not give you the title, but a third party does, you can still treat this transaction as a like-kind exchange if it meets all the requirements. Filing an amended tax return for 2013 Basis of property received. Filing an amended tax return for 2013   If you receive property in a like-kind exchange, the basis of the property will be the same as the basis of the property you gave up. Filing an amended tax return for 2013 See chapter 6 for more information. Filing an amended tax return for 2013 Money paid. Filing an amended tax return for 2013   If, in addition to giving up like-kind property, you pay money in a like-kind exchange, you still have no recognized gain or loss. Filing an amended tax return for 2013 The basis of the property received is the basis of the property given up, increased by the money paid. Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 You traded an old tractor with an adjusted basis of $15,000 for a new one. Filing an amended tax return for 2013 The new tractor costs $300,000. Filing an amended tax return for 2013 You were allowed $80,000 for the old tractor and paid $220,000 cash. Filing an amended tax return for 2013 You have no recognized gain or loss on the transaction regardless of the adjusted basis of your old tractor and the basis of the new tractor is $235,000, the adjusted basis of the old tractor plus the cash paid ($15,000 + $220,000). Filing an amended tax return for 2013 If you had sold the old tractor to a third party for $80,000 and bought a new one, you would have a recognized gain or loss on the sale of your old tractor equal to the difference between the amount realized and the adjusted basis of the old tractor. Filing an amended tax return for 2013 In this case, the taxable gain would be $65,000 ($80,000 − $15,000) and the basis of the new tractor would be $300,000. Filing an amended tax return for 2013 Reporting the exchange. Filing an amended tax return for 2013   Report the exchange of like-kind property, even though no gain or loss is recognized, on Form 8824, Like-Kind Exchanges. Filing an amended tax return for 2013 The Instructions for Form 8824 explain how to report the details of the exchange. Filing an amended tax return for 2013   If you have any recognized gain because you received money or unlike property, report it on Schedule D (Form 1040) or Form 4797, whichever applies. Filing an amended tax return for 2013 You may also have to report the recognized gain as ordinary income because of depreciation recapture on Form 4797. Filing an amended tax return for 2013 See chapter 9 for more information. Filing an amended tax return for 2013 Qualifying property. Filing an amended tax return for 2013   In a like-kind exchange, both the property you give up and the property you receive must be held by you for investment or for productive use in your trade or business. Filing an amended tax return for 2013 Machinery, buildings, land, trucks, breeding livestock, rental houses, and certain mutual ditch, reservoir, or irrigation company stock are examples of property that may qualify. Filing an amended tax return for 2013 Nonqualifying property. Filing an amended tax return for 2013   The rules for like-kind exchanges do not apply to exchanges of the following property. Filing an amended tax return for 2013 Property you use for personal purposes, such as your home and family car. Filing an amended tax return for 2013 Stock in trade or other property held primarily for sale, such as crops and produce. Filing an amended tax return for 2013 Stocks, bonds, or notes. Filing an amended tax return for 2013 However, see Qualifying property above. Filing an amended tax return for 2013 Other securities or evidences of indebtedness, such as accounts receivable. Filing an amended tax return for 2013 Partnership interests. Filing an amended tax return for 2013 However, you may have a nontaxable exchange under other rules. Filing an amended tax return for 2013 See Other Nontaxable Exchanges in chapter 1 of Publication 544. Filing an amended tax return for 2013 Like-kind property. Filing an amended tax return for 2013   To qualify as a nontaxable exchange, the properties exchanged must be of like kind. Filing an amended tax return for 2013 Like-kind properties are properties of the same nature or character, even if they differ in grade or quality. Filing an amended tax return for 2013 Generally, real property exchanged for real property qualifies as an exchange of like-kind property. Filing an amended tax return for 2013 For example, an exchange of city property for farm property or improved property for unimproved property is a like-kind exchange. Filing an amended tax return for 2013   An exchange of a tractor for a new tractor is an exchange of like-kind property, and so is an exchange of timber land for crop acreage. Filing an amended tax return for 2013 An exchange of a tractor for acreage, however, is not an exchange of like-kind property. Filing an amended tax return for 2013 The exchange of livestock of one sex for livestock of the other sex is not a like-kind exchange. Filing an amended tax return for 2013 For example, the exchange of a bull for a cow is not a like-kind exchange. Filing an amended tax return for 2013 An exchange of the assets of a business for the assets of a similar business cannot be treated as an exchange of one property for another property. Filing an amended tax return for 2013    Note. Filing an amended tax return for 2013 Whether you engaged in a like-kind exchange depends on an analysis of each asset involved in the exchange. Filing an amended tax return for 2013 Personal property. Filing an amended tax return for 2013   Depreciable tangible personal property can be either like kind or like class to qualify for nontaxable exchange treatment. Filing an amended tax return for 2013 Like-class properties are depreciable tangible personal properties within the same General Asset Class or Product Class. Filing an amended tax return for 2013 Property classified in any General Asset Class may not be classified within a Product Class. Filing an amended tax return for 2013 Assets that are not in the same class will qualify as like-kind property if they are of the same nature or character. Filing an amended tax return for 2013 General Asset Classes. Filing an amended tax return for 2013   General Asset Classes describe the types of property frequently used in many businesses. Filing an amended tax return for 2013 They include, but are not limited to, the following property. Filing an amended tax return for 2013 Office furniture, fixtures, and equipment (asset class 00. Filing an amended tax return for 2013 11). Filing an amended tax return for 2013 Information systems, such as computers and peripheral equipment (asset class 00. Filing an amended tax return for 2013 12). Filing an amended tax return for 2013 Data handling equipment except computers (asset class 00. Filing an amended tax return for 2013 13). Filing an amended tax return for 2013 Automobiles and taxis (asset class 00. Filing an amended tax return for 2013 22). Filing an amended tax return for 2013 Light general purpose trucks (asset class 00. Filing an amended tax return for 2013 241). Filing an amended tax return for 2013 Heavy general purpose trucks (asset class 00. Filing an amended tax return for 2013 242). Filing an amended tax return for 2013 Tractor units for use over-the-road (asset class 00. Filing an amended tax return for 2013 26). Filing an amended tax return for 2013 Trailers and trailer-mounted containers (asset class 00. Filing an amended tax return for 2013 27). Filing an amended tax return for 2013 Industrial steam and electric generation and/or distribution systems (asset class 00. Filing an amended tax return for 2013 4). Filing an amended tax return for 2013 Product Classes. Filing an amended tax return for 2013   Product Classes include property listed in a 6-digit product class in sectors 31 through 33 of the North American Industry Classification System (NAICS) of the Executive Office of the President, Office of Management and Budget, United States, (NAICS Manual). Filing an amended tax return for 2013 The latest version of the manual can be accessed at www. Filing an amended tax return for 2013 census. Filing an amended tax return for 2013 gov/eos/www/naics/. Filing an amended tax return for 2013 Copies of the printed manual may be purchased from the National Technical Information Service (NTIS) at  www. Filing an amended tax return for 2013 ntis. Filing an amended tax return for 2013 gov/products/naics. Filing an amended tax return for 2013 aspx or by calling 1-800-553-NTIS (1-800-553-6847) or (703) 605-6000. Filing an amended tax return for 2013 A CD-ROM version with search and retrieval software is also available from NTIS. Filing an amended tax return for 2013    NAICS class 333111, Farm Machinery and Equipment Manufacturing, includes most machinery and equipment used in a farming business. Filing an amended tax return for 2013 Partially nontaxable exchange. Filing an amended tax return for 2013   If, in addition to like-kind property, you receive money or unlike property in an exchange on which you realize gain, you have a partially nontaxable exchange. Filing an amended tax return for 2013 You are taxed on the gain you realize, but only to the extent of the money and the FMV of the unlike property you receive. Filing an amended tax return for 2013 A loss is not deductible. Filing an amended tax return for 2013 Example 1. Filing an amended tax return for 2013 You trade farmland that cost $30,000 for $10,000 cash and other land to be used in farming with a FMV of $50,000. Filing an amended tax return for 2013 You have a realized gain of $30,000 ($50,000 FMV of new land + $10,000 cash − $30,000 basis of old farmland = $30,000 realized gain). Filing an amended tax return for 2013 However, only $10,000, the cash received, is recognized (included in income). Filing an amended tax return for 2013 Example 2. Filing an amended tax return for 2013 Assume the same facts as in Example 1, except that, instead of money, you received a tractor with a FMV of $10,000. Filing an amended tax return for 2013 Your recognized gain is still limited to $10,000, the value of the tractor (the unlike property). Filing an amended tax return for 2013 Example 3. Filing an amended tax return for 2013 Assume in Example 1 that the FMV of the land you received was only $15,000. Filing an amended tax return for 2013 Your $5,000 loss is not recognized. Filing an amended tax return for 2013 Unlike property given up. Filing an amended tax return for 2013   If, in addition to like-kind property, you give up unlike property, you must recognize gain or loss on the unlike property you give up. Filing an amended tax return for 2013 The gain or loss is the difference between the FMV of the unlike property and the adjusted basis of the unlike property. Filing an amended tax return for 2013 Like-kind exchanges between related persons. Filing an amended tax return for 2013   Special rules apply to like-kind exchanges between related persons. Filing an amended tax return for 2013 These rules affect both direct and indirect exchanges. Filing an amended tax return for 2013 Under these rules, if either person disposes of the property within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. Filing an amended tax return for 2013 The gain or loss on the original exchange must be recognized as of the date of the later disposition. Filing an amended tax return for 2013 The 2-year holding period begins on the date of the last transfer of property that was part of the like-kind exchange. Filing an amended tax return for 2013 Related persons. Filing an amended tax return for 2013   Under these rules, related persons include, for example, you and a member of your family (spouse, brother, sister, parent, child, etc. Filing an amended tax return for 2013 ), you and a corporation in which you have more than 50% ownership, you and a partnership in which you directly or indirectly own more than a 50% interest of the capital or profits, and two partnerships in which you directly or indirectly own more than 50% of the capital interests or profits. Filing an amended tax return for 2013   For the complete list of related persons, see Related persons in chapter 2 of Publication 544. Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 You used a grey pickup truck in your farming business. Filing an amended tax return for 2013 Your sister used a red pickup truck in her landscaping business. Filing an amended tax return for 2013 In December 2012, you exchanged your grey pickup truck, plus $200, for your sister's red pickup truck. Filing an amended tax return for 2013 At that time, the FMV of the grey pickup truck was $7,000 and its adjusted basis was $6,000. Filing an amended tax return for 2013 The FMV of the red pickup truck was $7,200 and its adjusted basis was $1,000. Filing an amended tax return for 2013 You realized a gain of $1,000 (the $7,200 FMV of the red pickup truck, minus the grey pickup truck's $6,000 adjusted basis, minus the $200 you paid). Filing an amended tax return for 2013 Your sister realized a gain of $6,200 (the $7,000 FMV of the grey pickup truck plus the $200 you paid, minus the $1,000 adjusted basis of the red pickup truck). Filing an amended tax return for 2013 However, because this was a like-kind exchange, you recognized no gain. Filing an amended tax return for 2013 Your basis in the red pickup truck was $6,200 (the $6,000 adjusted basis of the grey pickup truck plus the $200 you paid). Filing an amended tax return for 2013 She recognized gain only to the extent of the money she received, $200. Filing an amended tax return for 2013 Her basis in the grey pickup truck was $1,000 (the $1,000 adjusted basis of the red pickup truck minus the $200 received, plus the $200 gain recognized). Filing an amended tax return for 2013 In 2013, you sold the red pickup truck to a third party for $7,000. Filing an amended tax return for 2013 Because you sold it within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. Filing an amended tax return for 2013 On your tax return for 2013, you must report your $1,000 gain on the 2012 exchange. Filing an amended tax return for 2013 You also report a loss on the sale as $200 (the adjusted basis of the red pickup truck, $7,200 (its $6,200 basis plus the $1,000 gain recognized), minus the $7,000 realized from the sale). Filing an amended tax return for 2013 In addition, your sister must report on her tax return for 2013 the $6,000 balance of her gain on the 2012 exchange. Filing an amended tax return for 2013 Her adjusted basis in the grey pickup truck is increased to $7,000 (its $1,000 basis plus the $6,000 gain recognized). Filing an amended tax return for 2013 Exceptions to the rules for related persons. Filing an amended tax return for 2013   The following property dispositions are excluded from these rules. Filing an amended tax return for 2013 Dispositions due to the death of either related person. Filing an amended tax return for 2013 Involuntary conversions. Filing an amended tax return for 2013 Dispositions where it is established to the satisfaction of the IRS that neither the exchange nor the disposition has, as a main purpose, the avoidance of federal income tax. Filing an amended tax return for 2013 Multiple property exchanges. Filing an amended tax return for 2013   Under the like-kind exchange rules, you must generally make a property-by-property comparison to figure your recognized gain and the basis of the property you receive in the exchange. Filing an amended tax return for 2013 However, for exchanges of multiple properties, you do not make a property-by-property comparison if you do either of the following. Filing an amended tax return for 2013 Transfer and receive properties in two or more exchange groups. Filing an amended tax return for 2013 Transfer or receive more than one property within a single exchange group. Filing an amended tax return for 2013   For more information, see Multiple Property Exchanges in chapter 1 of Publication 544. Filing an amended tax return for 2013 Deferred exchange. Filing an amended tax return for 2013   A deferred exchange for like-kind property may qualify for nonrecognition of gain or loss. Filing an amended tax return for 2013 A deferred exchange is an exchange in which you transfer property you use in business or hold for investment and later receive like-kind property you will use in business or hold for investment. Filing an amended tax return for 2013 The property you receive is replacement property. Filing an amended tax return for 2013 The transaction must be an exchange of property for property rather than a transfer of property for money used to buy replacement property. Filing an amended tax return for 2013 In addition, the replacement property will not be treated as like-kind property unless certain identification and receipt requirements are met. Filing an amended tax return for 2013   For more information see Deferred Exchanges in chapter 1 of Publication 544. Filing an amended tax return for 2013 Transfer to Spouse No gain or loss is recognized on a transfer of property from an individual to (or in trust for the benefit of) a spouse, or a former spouse if incident to divorce. Filing an amended tax return for 2013 This rule does not apply if the recipient is a nonresident alien. Filing an amended tax return for 2013 Nor does this rule apply to a transfer in trust to the extent the liabilities assumed and the liabilities on the property are more than the property's adjusted basis. Filing an amended tax return for 2013 Any transfer of property to a spouse or former spouse on which gain or loss is not recognized is not considered a sale or exchange. Filing an amended tax return for 2013 The recipient's basis in the property will be the same as the adjusted basis of the giver immediately before the transfer. Filing an amended tax return for 2013 This carryover basis rule applies whether the adjusted basis of the transferred property is less than, equal to, or greater than either its FMV at the time of transfer or any consideration paid by the recipient. Filing an amended tax return for 2013 This rule applies for determining loss as well as gain. Filing an amended tax return for 2013 Any gain recognized on a transfer in trust increases the basis. Filing an amended tax return for 2013 For more information on transfers of property incident to divorce, see Property Settlements in Publication 504, Divorced or Separated Individuals. Filing an amended tax return for 2013 Ordinary or Capital Gain or Loss Generally, you will have a capital gain or loss if you sell or exchange a capital asset (defined below). Filing an amended tax return for 2013 You may also have a capital gain if your section 1231 transactions result in a net gain. Filing an amended tax return for 2013 See Section 1231 Gains and Losses in  chapter 9. Filing an amended tax return for 2013 To figure your net capital gain or loss, you must classify your gains and losses as either ordinary or capital (and your capital gains or losses as either short-term or long-term). Filing an amended tax return for 2013 Your net capital gains may be taxed at a lower tax rate than ordinary income. Filing an amended tax return for 2013 See Capital Gains Tax Rates , later. Filing an amended tax return for 2013 Your deduction for a net capital loss may be limited. Filing an amended tax return for 2013 See Treatment of Capital Losses , later. Filing an amended tax return for 2013 Capital Assets Almost everything you own and use for personal purposes or investment is a capital asset. Filing an amended tax return for 2013 The following items are examples of capital assets. Filing an amended tax return for 2013 A home owned and occupied by you and your family. Filing an amended tax return for 2013 Household furnishings. Filing an amended tax return for 2013 A car used for pleasure. Filing an amended tax return for 2013 If your car is used both for pleasure and for farm business, it is partly a capital asset and partly a noncapital asset, defined later. Filing an amended tax return for 2013 Stocks and bonds. Filing an amended tax return for 2013 However, there are special rules for gains on qualified small business stock. Filing an amended tax return for 2013 For more information on this subject, see Gains on Qualified Small Business Stock and Losses on Section 1244 (Small Business) Stock in chapter 4 of Publication 550. Filing an amended tax return for 2013 Personal-use property. Filing an amended tax return for 2013   Gain from a sale or exchange of personal-use property is a capital gain and is taxable. Filing an amended tax return for 2013 Loss from the sale or exchange of personal-use property is not deductible. Filing an amended tax return for 2013 You can deduct a loss relating to personal-use property only if it results from a casualty or theft. Filing an amended tax return for 2013 For information on casualties and thefts, see chapter 11. Filing an amended tax return for 2013 Long and Short Term Where you report a capital gain or loss depends on how long you own the asset before you sell or exchange it. Filing an amended tax return for 2013 The time you own an asset before disposing of it is the holding period. Filing an amended tax return for 2013 If you hold a capital asset 1 year or less, the gain or loss resulting from its disposition is short term. Filing an amended tax return for 2013 Report it in Part I of Schedule D (Form 1040). Filing an amended tax return for 2013 If you hold a capital asset longer than 1 year, the gain or loss resulting from its disposition is long term. Filing an amended tax return for 2013 Report it in Part II of Schedule D (Form 1040). Filing an amended tax return for 2013 Holding period. Filing an amended tax return for 2013   To figure if you held property longer than 1 year, start counting on the day after the day you acquired the property. Filing an amended tax return for 2013 The day you disposed of the property is part of your holding period. Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 If you bought an asset on June 19, 2012, you should start counting on June 20, 2012. Filing an amended tax return for 2013 If you sold the asset on June 19, 2013, your holding period is not longer than 1 year, but if you sold it on June 20, 2013, your holding period is longer than 1 year. Filing an amended tax return for 2013 Inherited property. Filing an amended tax return for 2013   If you inherit property, you are considered to have held the property longer than 1 year, regardless of how long you actually held it. Filing an amended tax return for 2013 This rule does not apply to livestock used in a farm business. Filing an amended tax return for 2013 See Holding period under Livestock , later. Filing an amended tax return for 2013 Nonbusiness bad debt. Filing an amended tax return for 2013   A nonbusiness bad debt is a short-term capital loss, deductible in the year the debt becomes worthless. Filing an amended tax return for 2013 See chapter 4 of Publication 550. Filing an amended tax return for 2013 Nontaxable exchange. Filing an amended tax return for 2013   If you acquire an asset in exchange for another asset and your basis for the new asset is figured, in whole or in part, by using your basis in the old property, the holding period of the new property includes the holding period of the old property. Filing an amended tax return for 2013 That is, it begins on the same day as your holding period for the old property. Filing an amended tax return for 2013 Gift. Filing an amended tax return for 2013   If you receive a gift of property and your basis in it is figured using the donor's basis, your holding period includes the donor's holding period. Filing an amended tax return for 2013 Real property. Filing an amended tax return for 2013   To figure how long you held real property, start counting on the day after you received title to it or, if earlier, on the day after you took possession of it and assumed the burdens and privileges of ownership. Filing an amended tax return for 2013   However, taking possession of real property under an option agreement is not enough to start the holding period. Filing an amended tax return for 2013 The holding period cannot start until there is an actual contract of sale. Filing an amended tax return for 2013 The holding period of the seller cannot end before that time. Filing an amended tax return for 2013 Figuring Net Gain or Loss The totals for short-term capital gains and losses and the totals for long-term capital gains and losses must be figured separately. Filing an amended tax return for 2013 Net short-term capital gain or loss. Filing an amended tax return for 2013   Combine your short-term capital gains and losses. Filing an amended tax return for 2013 Do this by adding all of your short-term capital gains. Filing an amended tax return for 2013 Then add all of your short-term capital losses. Filing an amended tax return for 2013 Subtract the lesser total from the greater. Filing an amended tax return for 2013 The difference is your net short-term capital gain or loss. Filing an amended tax return for 2013 Net long-term capital gain or loss. Filing an amended tax return for 2013   Follow the same steps to combine your long-term capital gains and losses. Filing an amended tax return for 2013 The result is your net long-term capital gain or loss. Filing an amended tax return for 2013 Net gain. Filing an amended tax return for 2013   If the total of your capital gains is more than the total of your capital losses, the difference is taxable. Filing an amended tax return for 2013 However, part of your gain (but not more than your net capital gain) may be taxed at a lower rate than the rate of tax on your ordinary income. Filing an amended tax return for 2013 See Capital Gains Tax Rates , later. Filing an amended tax return for 2013 Net loss. Filing an amended tax return for 2013   If the total of your capital losses is more than the total of your capital gains, the difference is deductible. Filing an amended tax return for 2013 But there are limits on how much loss you can deduct and when you can deduct it. Filing an amended tax return for 2013 See Treatment of Capital Losses next. Filing an amended tax return for 2013 Treatment of Capital Losses If your capital losses are more than your capital gains, you must claim the difference even if you do not have ordinary income to offset it. Filing an amended tax return for 2013 For taxpayers other than corporations, the yearly limit on the capital loss you can deduct is $3,000 ($1,500 if you are married and file a separate return). Filing an amended tax return for 2013 If your other income is low, you may not be able to use the full $3,000. Filing an amended tax return for 2013 The part of the $3,000 you cannot use becomes part of your capital loss carryover (discussed next). Filing an amended tax return for 2013 Capital loss carryover. Filing an amended tax return for 2013   Generally, you have a capital loss carryover if either of the following situations applies to you. Filing an amended tax return for 2013 Your net loss on Schedule D (Form 1040), is more than the yearly limit. Filing an amended tax return for 2013 Your taxable income without your deduction for exemptions is less than zero. Filing an amended tax return for 2013 If either of these situations applies to you for 2013, see Capital Losses under Reporting Capital Gains and Losses in chapter 4 of Publication 550 to figure the amount you can carry over to 2014. Filing an amended tax return for 2013    To figure your capital loss carryover from 2013 to 2014, you will need a copy of your 2013 Form 1040 and Schedule D (Form 1040). Filing an amended tax return for 2013 Capital Gains Tax Rates The tax rates that apply to a net capital gain are generally lower than the tax rates that apply to other income. Filing an amended tax return for 2013 These lower rates are called the maximum capital gains rates. Filing an amended tax return for 2013 The term “net capital gain” means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss. Filing an amended tax return for 2013 See Schedule D (Form 1040) and the Instructions for Schedule D (Form 1040). Filing an amended tax return for 2013 Also see Publication 550. Filing an amended tax return for 2013 Noncapital Assets Noncapital assets include property such as inventory and depreciable property used in a trade or business. Filing an amended tax return for 2013 A list of properties that are not capital assets is provided in the Instructions for Schedule D (Form 1040). Filing an amended tax return for 2013 Property held for sale in the ordinary course of your farm business. Filing an amended tax return for 2013   Property you hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is a noncapital asset. Filing an amended tax return for 2013 Gain or loss from sales or other dispositions of this property is reported on Schedule F (Form 1040) (not on Schedule D (Form 1040) or Form 4797). Filing an amended tax return for 2013 The treatment of this property is discussed in chapter 3. Filing an amended tax return for 2013 Land and depreciable properties. Filing an amended tax return for 2013   Land and depreciable property you use in farming are not capital assets. Filing an amended tax return for 2013 Noncapital assets also include livestock held for draft, breeding, dairy, or sporting purposes. Filing an amended tax return for 2013 However, your gains and losses from sales and exchanges of your farmland and depreciable properties must be considered together with certain other transactions to determine whether the gains and losses are treated as capital or ordinary gains and losses. Filing an amended tax return for 2013 The sales of these business assets are reported on Form 4797. Filing an amended tax return for 2013 See chapter 9 for more information. Filing an amended tax return for 2013 Hedging (Commodity Futures) Hedging transactions are transactions that you enter into in the normal course of business primarily to manage the risk of interest rate or price changes, or currency fluctuations, with respect to borrowings, ordinary property, or ordinary obligations. Filing an amended tax return for 2013 Ordinary property or obligations are those that cannot produce capital gain or loss if sold or exchanged. Filing an amended tax return for 2013 A commodity futures contract is a standardized, exchange-traded contract for the sale or purchase of a fixed amount of a commodity at a future date for a fixed price. Filing an amended tax return for 2013 The holder of an option on a futures contract has the right (but not the obligation) for a specified period of time to enter into a futures contract to buy or sell at a particular price. Filing an amended tax return for 2013 A forward contract is generally similar to a futures contract except that the terms are not standardized and the contract is not exchange traded. Filing an amended tax return for 2013 Businesses may enter into commodity futures contracts or forward contracts and may acquire options on commodity futures contracts as either of the following. Filing an amended tax return for 2013 Hedging transactions. Filing an amended tax return for 2013 Transactions that are not hedging transactions. Filing an amended tax return for 2013 Futures transactions with exchange-traded commodity futures contracts that are not hedging transactions, generally, result in capital gain or loss and are subject to the mark-to-market rules discussed in Publication 550. Filing an amended tax return for 2013 There is a limit on the amount of capital losses you can deduct each year. Filing an amended tax return for 2013 Hedging transactions are not subject to the mark-to-market rules. Filing an amended tax return for 2013 If, as a farmer-producer, to protect yourself from the risk of unfavorable price fluctuations, you enter into commodity forward contracts, futures contracts, or options on futures contracts and the contracts cover an amount of the commodity within your range of production, the transactions are generally considered hedging transactions. Filing an amended tax return for 2013 They can take place at any time you have the commodity under production, have it on hand for sale, or reasonably expect to have it on hand. Filing an amended tax return for 2013 The gain or loss on the termination of these hedges is generally ordinary gain or loss. Filing an amended tax return for 2013 Farmers who file their income tax returns on the cash method report any profit or loss on the hedging transaction on Schedule F, line 8. Filing an amended tax return for 2013 Gains or losses from hedging transactions that hedge supplies of a type regularly used or consumed in the ordinary course of your trade or business may be ordinary gains or losses. Filing an amended tax return for 2013 Examples include fuel and feed. Filing an amended tax return for 2013 If you have numerous transactions in the commodity futures market during the year, you must be able to show which transactions are hedging transactions. Filing an amended tax return for 2013 Clearly identify a hedging transaction on your books and records before the end of the day you entered into the transaction. Filing an amended tax return for 2013 It may be helpful to have separate brokerage accounts for your hedging and speculation transactions. Filing an amended tax return for 2013 Retain the identification of each hedging transaction with your books and records. Filing an amended tax return for 2013 Also, identify the item(s) or aggregate risk that is being hedged in your records. Filing an amended tax return for 2013 Although the identification of the hedging transaction must be made before the end of the day it was entered into, you have 35 days after entering into the transaction to identify the hedged item(s) or risk. Filing an amended tax return for 2013 For more information on the tax treatment of futures and options contracts, see Commodity Futures and Section 1256 Contracts Marked to Market in Publication 550. Filing an amended tax return for 2013 Accounting methods for hedging transactions. Filing an amended tax return for 2013   The accounting method you use for a hedging transaction must clearly reflect income. Filing an amended tax return for 2013 This means that your accounting method must reasonably match the timing of income, deduction, gain, or loss from a hedging transaction with the timing of income, deduction, gain, or loss from the item or items being hedged. Filing an amended tax return for 2013 There are requirements and limits on the method you can use for certain hedging transactions. Filing an amended tax return for 2013 See Regulations section 1. Filing an amended tax return for 2013 446-4(e) for those requirements and limits. Filing an amended tax return for 2013   Hedging transactions must be accounted for under the rules stated above unless the transaction is subject to mark-to-market accounting under section 475 or you use an accounting method other than the following methods. Filing an amended tax return for 2013 Cash method. Filing an amended tax return for 2013 Farm-price method. Filing an amended tax return for 2013 Unit-livestock-price method. Filing an amended tax return for 2013   Once you adopt a method, you must apply it consistently and must have IRS approval before changing it. Filing an amended tax return for 2013   Your books and records must describe the accounting method used for each type of hedging transaction. Filing an amended tax return for 2013 They must also contain any additional identification necessary to verify the application of the accounting method you used for the transaction. Filing an amended tax return for 2013 You must make the additional identification no more than 35 days after entering into the hedging transaction. Filing an amended tax return for 2013 Example of a hedging transaction. Filing an amended tax return for 2013   You file your income tax returns on the cash method. Filing an amended tax return for 2013 On July 2 you anticipate a yield of 50,000 bushels of corn this year. Filing an amended tax return for 2013 The December futures price is $5. Filing an amended tax return for 2013 75 a bushel, but there are indications that by harvest time the price will drop. Filing an amended tax return for 2013 To protect yourself against a drop in the price, you enter into the following hedging transaction. Filing an amended tax return for 2013 You sell ten December futures contracts of 5,000 bushels each for a total of 50,000 bushels of corn at $5. Filing an amended tax return for 2013 75 a bushel. Filing an amended tax return for 2013   The price did not drop as anticipated but rose to $6 a bushel. Filing an amended tax return for 2013 In November, you sell your crop at a local elevator for $6 a bushel. Filing an amended tax return for 2013 You also close out your futures position by buying ten December contracts for $6 a bushel. Filing an amended tax return for 2013 You paid a broker's commission of $1,400 ($70 per contract) for the complete in and out position in the futures market. Filing an amended tax return for 2013   The result is that the price of corn rose 25 cents a bushel and the actual selling price is $6 a bushel. Filing an amended tax return for 2013 Your loss on the hedge is 25 cents a bushel. Filing an amended tax return for 2013 In effect, the net selling price of your corn is $5. Filing an amended tax return for 2013 75 a bushel. Filing an amended tax return for 2013   Report the results of your futures transactions and your sale of corn separately on Schedule F. Filing an amended tax return for 2013 See the instructions for the 2013 Schedule F (Form 1040). Filing an amended tax return for 2013   The loss on your futures transactions is $13,900, figured as follows. Filing an amended tax return for 2013 July 2 - Sold December corn futures (50,000 bu. Filing an amended tax return for 2013 @$5. Filing an amended tax return for 2013 75) $287,500 November 6 - Bought December corn futures (50,000 bu. Filing an amended tax return for 2013 @$6 plus $1,400 broker's commission) 301,400 Futures loss ($13,900) This loss is reported as a negative figure on Schedule F, Part I, line 8, as other income. Filing an amended tax return for 2013   The proceeds from your corn sale at the local elevator are $300,000 (50,000 bu. Filing an amended tax return for 2013 × $6). Filing an amended tax return for 2013 Report it on Schedule F, Part I, line 2, as income from sales of products you raised. Filing an amended tax return for 2013   Assume you were right and the price went down 25 cents a bushel. Filing an amended tax return for 2013 In effect, you would still net $5. Filing an amended tax return for 2013 75 a bushel, figured as follows. Filing an amended tax return for 2013 Sold cash corn, per bushel $5. Filing an amended tax return for 2013 50 Gain on hedge, per bushel . Filing an amended tax return for 2013 25 Net price, per bushel $5. Filing an amended tax return for 2013 75       The gain on your futures transactions would have been $11,100, figured as follows. Filing an amended tax return for 2013 July 2 - Sold December corn futures (50,000 bu. Filing an amended tax return for 2013 @$5. Filing an amended tax return for 2013 75) $287,500 November 6 - Bought December corn futures (50,000 bu. Filing an amended tax return for 2013 @$5. Filing an amended tax return for 2013 50 plus $1,400 broker's commission) 276,400 Futures gain $11,100 The $11,100 is reported on Schedule F, Part I, line 8, as other income. Filing an amended tax return for 2013   The proceeds from the sale of your corn at the local elevator, $275,000, are reported on Schedule F, Part I, line 2, as income from sales of products you raised. Filing an amended tax return for 2013 Livestock This part discusses the sale or exchange of livestock used in your farm business. Filing an amended tax return for 2013 Gain or loss from the sale or exchange of this livestock may qualify as a section 1231 gain or loss. Filing an amended tax return for 2013 However, any part of the gain that is ordinary income from the recapture of depreciation is not included as section 1231 gain. Filing an amended tax return for 2013 See chapter 9 for more information on section 1231 gains and losses and the recapture of depreciation under section 1245. Filing an amended tax return for 2013 The rules discussed here do not apply to the sale of livestock held primarily for sale to customers. Filing an amended tax return for 2013 The sale of this livestock is reported on Schedule F. Filing an amended tax return for 2013 See chapter 3. Filing an amended tax return for 2013 Also, special rules apply to sales or exchanges caused by weather-related conditions. Filing an amended tax return for 2013 See chapter 3. Filing an amended tax return for 2013 Holding period. Filing an amended tax return for 2013   The sale or exchange of livestock used in your farm business (defined below) qualifies as a section 1231 transaction if you held the livestock for 12 months or more (24 months or more for horses and cattle). Filing an amended tax return for 2013 Livestock. Filing an amended tax return for 2013   For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals, and other mammals. Filing an amended tax return for 2013 Also, for section 1231 transactions, livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas, or other birds, fish, frogs, reptiles, etc. Filing an amended tax return for 2013 Livestock used in farm business. Filing an amended tax return for 2013   If livestock is held primarily for draft, breeding, dairy, or sporting purposes, it is used in your farm business. Filing an amended tax return for 2013 The purpose for which an animal is held ordinarily is determined by a farmer's actual use of the animal. Filing an amended tax return for 2013 An animal is not held for draft, breeding, dairy, or sporting purposes merely because it is suitable for that purpose, or because it is held for sale to other persons for use by them for that purpose. Filing an amended tax return for 2013 However, a draft, breeding, or sporting purpose may be present if an animal is disposed of within a reasonable time after it is prevented from its intended use or made undesirable as a result of an accident, disease, drought, or unfitness of the animal. Filing an amended tax return for 2013 Example 1. Filing an amended tax return for 2013 You discover an animal that you intend to use for breeding purposes is sterile. Filing an amended tax return for 2013 You dispose of it within a reasonable time. Filing an amended tax return for 2013 This animal was held for breeding purposes. Filing an amended tax return for 2013 Example 2. Filing an amended tax return for 2013 You retire and sell your entire herd, including young animals that you would have used for breeding or dairy purposes had you remained in business. Filing an amended tax return for 2013 These young animals were held for breeding or dairy purposes. Filing an amended tax return for 2013 Also, if you sell young animals to reduce your breeding or dairy herd because of drought, these animals are treated as having been held for breeding or dairy purposes. Filing an amended tax return for 2013 See Sales Caused by Weather-Related Conditions in chapter 3. Filing an amended tax return for 2013 Example 3. Filing an amended tax return for 2013 You are in the business of raising hogs for slaughter. Filing an amended tax return for 2013 Customarily, before selling your sows, you obtain a single litter of pigs that you will raise for sale. Filing an amended tax return for 2013 You sell the brood sows after obtaining the litter. Filing an amended tax return for 2013 Even though you hold these brood sows for ultimate sale to customers in the ordinary course of your business, they are considered to be held for breeding purposes. Filing an amended tax return for 2013 Example 4. Filing an amended tax return for 2013 You are in the business of raising registered cattle for sale to others for use as breeding cattle. Filing an amended tax return for 2013 The business practice is to breed the cattle before sale to establish their fitness as registered breeding cattle. Filing an amended tax return for 2013 Your use of the young cattle for breeding purposes is ordinary and necessary for selling them as registered breeding cattle. Filing an amended tax return for 2013 Such use does not demonstrate that you are holding the cattle for breeding purposes. Filing an amended tax return for 2013 However, those cattle you held as additions or replacements to your own breeding herd to produce calves are considered to be held for breeding purposes, even though they may not actually have produced calves. Filing an amended tax return for 2013 The same applies to hog and sheep breeders. Filing an amended tax return for 2013 Example 5. Filing an amended tax return for 2013 You breed, raise, and train horses for racing purposes. Filing an amended tax return for 2013 Every year you cull horses from your racing stable. Filing an amended tax return for 2013 In 2013, you decided that to prevent your racing stable from getting too large to be effectively operated, you must cull six horses that had been raced at public tracks in 2012. Filing an amended tax return for 2013 These horses are all considered held for sporting purposes. Filing an amended tax return for 2013 Figuring gain or loss on the cash method. Filing an amended tax return for 2013   Farmers or ranchers who use the cash method of accounting figure their gain or loss on the sale of livestock used in their farming business as follows. Filing an amended tax return for 2013 Raised livestock. Filing an amended tax return for 2013   Gain on the sale of raised livestock is generally the gross sales price reduced by any expenses of the sale. Filing an amended tax return for 2013 Expenses of sale include sales commissions, freight or hauling from farm to commission company, and other similar expenses. Filing an amended tax return for 2013 The basis of the animal sold is zero if the costs of raising it were deducted during the years the animal was being raised. Filing an amended tax return for 2013 However, see Uniform Capitalization Rules in chapter 6. Filing an amended tax return for 2013 Purchased livestock. Filing an amended tax return for 2013   The gross sales price minus your adjusted basis and any expenses of sale is the gain or loss. Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 A farmer sold a breeding cow on January 8, 2013, for $1,250. Filing an amended tax return for 2013 Expenses of the sale were $125. Filing an amended tax return for 2013 The cow was bought July 2, 2009, for $1,300. Filing an amended tax return for 2013 Depreciation (not less than the amount allowable) was $867. Filing an amended tax return for 2013 Gross sales price $1,250 Cost (basis) $1,300   Minus: Depreciation deduction 867   Unrecovered cost (adjusted basis) $ 433   Expense of sale 125 558 Gain realized $ 692 Converted Wetland and Highly Erodible Cropland Special rules apply to dispositions of land converted to farming use after March 1, 1986. Filing an amended tax return for 2013 Any gain realized on the disposition of converted wetland or highly erodible cropland is treated as ordinary income. Filing an amended tax return for 2013 Any loss on the disposition of such property is treated as a long-term capital loss. Filing an amended tax return for 2013 Converted wetland. Filing an amended tax return for 2013   This is generally land that was drained or filled to make the production of agricultural commodities possible. Filing an amended tax return for 2013 It includes converted wetland held by the person who originally converted it or held by any other person who used the converted wetland at any time after conversion for farming. Filing an amended tax return for 2013   A wetland (before conversion) is land that meets all the following conditions. Filing an amended tax return for 2013 It is mostly soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an oxygen-deficient state that supports the growth and regeneration of plants growing in water. Filing an amended tax return for 2013 It is saturated by surface or groundwater at a frequency and duration sufficient to support mostly plants that are adapted for life in saturated soil. Filing an amended tax return for 2013 It supports, under normal circumstances, mostly plants that grow in saturated soil. Filing an amended tax return for 2013 Highly erodible cropland. Filing an amended tax return for 2013   This is cropland subject to erosion that you used at any time for farming purposes other than grazing animals. Filing an amended tax return for 2013 Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. Filing an amended tax return for 2013 Highly erodible cropland also includes land that would have an excessive average annual erosion rate in relation to the soil loss tolerance level, as determined by the Department of Agriculture. Filing an amended tax return for 2013 Successor. Filing an amended tax return for 2013   Converted wetland or highly erodible cropland is also land held by any person whose basis in the land is figured by reference to the adjusted basis of a person in whose hands the property was converted wetland or highly erodible cropland. Filing an amended tax return for 2013 Timber Standing timber you held as investment property is a capital asset. Filing an amended tax return for 2013 Gain or loss from its sale is capital gain or loss reported on Form 8949 and Schedule D (Form 1040), as applicable. Filing an amended tax return for 2013 If you held the timber primarily for sale to customers, it is not a capital asset. Filing an amended tax return for 2013 Gain or loss on its sale is ordinary business income or loss. Filing an amended tax return for 2013 It is reported on Schedule F, line 1 (purchased timber) or line 2 (raised timber). Filing an amended tax return for 2013 See the Instructions for Schedule F (Form 1040). Filing an amended tax return for 2013 Farmers who cut timber on their land and sell it as logs, firewood, or pulpwood usually have no cost or other basis for that timber. Filing an amended tax return for 2013 Amounts realized from these sales, and the expenses incurred in cutting, hauling, etc. Filing an amended tax return for 2013 , are ordinary farm income and expenses reported on Schedule F. Filing an amended tax return for 2013 Different rules apply if you owned the timber longer than 1 year and elect to treat timber cutting as a sale or exchange or you enter into a cutting contract, discussed below. Filing an amended tax return for 2013 Timber considered cut. Filing an amended tax return for 2013   Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. Filing an amended tax return for 2013 This is true whether the timber is cut under contract or whether you cut it yourself. Filing an amended tax return for 2013 Christmas trees. Filing an amended tax return for 2013   Evergreen trees, such as Christmas trees, that are more than 6 years old when severed from their roots and sold for ornamental purposes are included in the term timber. Filing an amended tax return for 2013 They qualify for both rules discussed below. Filing an amended tax return for 2013 Election to treat cutting as a sale or exchange. Filing an amended tax return for 2013   Under the general rule, the cutting of timber results in no gain or loss. Filing an amended tax return for 2013 It is not until a sale or exchange occurs that gain or loss is realized. Filing an amended tax return for 2013 But if you owned or had a contractual right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in the year it is cut. Filing an amended tax return for 2013 Even though the cut timber is not actually sold or exchanged, you report your gain or loss on the cutting for the year the timber is cut. Filing an amended tax return for 2013 Any later sale results in ordinary business income or loss. Filing an amended tax return for 2013 See the example below. Filing an amended tax return for 2013   To elect this treatment, you must: Own or hold a contractual right to cut the timber for a period of more than 1 year before it is cut, and Cut the timber for sale or use in your trade or business. Filing an amended tax return for 2013 Making the election. Filing an amended tax return for 2013   You make the election on your return for the year the cutting takes place by including in income the gain or loss on the cutting and including a computation of your gain or loss. Filing an amended tax return for 2013 You do not have to make the election in the first year you cut the timber. Filing an amended tax return for 2013 You can make it in any year to which the election would apply. Filing an amended tax return for 2013 If the timber is partnership property, the election is made on the partnership return. Filing an amended tax return for 2013 This election cannot be made on an amended return. Filing an amended tax return for 2013   Once you have made the election, it remains in effect for all later years unless you revoke it. Filing an amended tax return for 2013 Election under section 631(a) may be revoked. Filing an amended tax return for 2013   If you previously elected for any tax year ending before October 23, 2004, to treat the cutting of timber as a sale or exchange under section 631(a), you may revoke this election without the consent of the IRS for any tax year ending after October 22, 2004. Filing an amended tax return for 2013 The prior election (and revocation) is disregarded for purposes of making a subsequent election. Filing an amended tax return for 2013 See Form T (Timber), Forest Activities Schedule, for more information. Filing an amended tax return for 2013 Gain or loss. Filing an amended tax return for 2013   Your gain or loss on the cutting of standing timber is the difference between its adjusted basis for depletion and its FMV on the first day of your tax year in which it is cut. Filing an amended tax return for 2013   Your adjusted basis for depletion of cut timber is based on the number of units (board feet, log scale, or other units) of timber cut during the tax year and considered to be sold or exchanged. Filing an amended tax return for 2013 Your adjusted basis for depletion is also based on the depletion unit of timber in the account used for the cut timber, and should be figured in the same manner as shown in section 611 and Regulations section 1. Filing an amended tax return for 2013 611-3. Filing an amended tax return for 2013   Depletion of timber is discussed in chapter 7. Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013   In April 2013, you owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. Filing an amended tax return for 2013 It had an adjusted basis for depletion of $40 per MBF. Filing an amended tax return for 2013 You are a calendar year taxpayer. Filing an amended tax return for 2013 On January 1, 2013, the timber had a FMV of $350 per MBF. Filing an amended tax return for 2013 It was cut in April for sale. Filing an amended tax return for 2013 On your 2013 tax return, you elect to treat the cutting of the timber as a sale or exchange. Filing an amended tax return for 2013 You report the difference between the FMV and your adjusted basis for depletion as a gain. Filing an amended tax return for 2013 This amount is reported on Form 4797 along with your other section 1231 gains and losses to figure whether it is treated as a capital gain or as ordinary gain. Filing an amended tax return for 2013 You figure your gain as follows. Filing an amended tax return for 2013 FMV of timber January 1, 2013 $1,400,000 Minus: Adjusted basis for depletion 160,000 Section 1231 gain $1,240,000   The FMV becomes your basis in the cut timber, and a later sale of the cut timber, including any by-product or tree tops, will result in ordinary business income or loss. Filing an amended tax return for 2013 Outright sales of timber. Filing an amended tax return for 2013   Outright sales of timber by landowners qualify for capital gains treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined later). Filing an amended tax return for 2013 However, for outright sales, the date of disposal is not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see Date of disposal below). Filing an amended tax return for 2013 Cutting contract. Filing an amended tax return for 2013   You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you. Filing an amended tax return for 2013 You are the owner of the timber. Filing an amended tax return for 2013 You held the timber longer than 1 year before its disposal. Filing an amended tax return for 2013 You kept an economic interest in the timber. Filing an amended tax return for 2013   You have kept an economic interest in standing timber if, under the cutting contract, the expected return on your investment is conditioned on the cutting of the timber. Filing an amended tax return for 2013   The difference between the amount realized from the disposal of the timber and its adjusted basis for depletion is treated as gain or loss on its sale. Filing an amended tax return for 2013 Include this amount on Form 4797 along with your other section 1231 gains or losses. Filing an amended tax return for 2013 Date of disposal. Filing an amended tax return for 2013   The date of disposal is the date the timber is cut. Filing an amended tax return for 2013 However, for outright sales by landowners or if you receive payment under the contract before the timber is cut, you can elect to treat the date of payment as the date of disposal. Filing an amended tax return for 2013   This election applies only to figure the holding period of the timber. Filing an amended tax return for 2013 It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged). Filing an amended tax return for 2013   To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. Filing an amended tax return for 2013 The statement must identify the advance payments subject to the election and the contract under which they were made. Filing an amended tax return for 2013   If you timely filed your return for the year you received payment without making the election, you can still make the election by filing an amended return within 6 months after the due date for that year's return (excluding extensions). Filing an amended tax return for 2013 Attach the statement to the amended return and write “Filed pursuant to section 301. Filing an amended tax return for 2013 9100-2” at the top of the statement. Filing an amended tax return for 2013 File the amended return at the same address the original return was filed. Filing an amended tax return for 2013 Owner. Filing an amended tax return for 2013   An owner is any person who owns an interest in the timber, including a sublessor and the holder of a contract to cut the timber. Filing an amended tax return for 2013 You own an interest in timber if you have the right to cut it for sale on your own account or for use in your business. Filing an amended tax return for 2013 Tree stumps. Filing an amended tax return for 2013   Tree stumps are a capital asset if they are on land held by an investor who is not in the timber or stump business as a buyer, seller, or processor. Filing an amended tax return for 2013 Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. Filing an amended tax return for 2013 However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Filing an amended tax return for 2013 Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income. Filing an amended tax return for 2013   See Form T (Timber) and its separate instructions for more information about dispositions of timber. Filing an amended tax return for 2013 Sale of a Farm The sale of your farm will usually involve the sale of both nonbusiness property (your home) and business property (the land and buildings used in the farm operation and perhaps machinery and livestock). Filing an amended tax return for 2013 If you have a gain from the sale, you may be allowed to exclude the gain on your home. Filing an amended tax return for 2013 For more information, see Publication 523, Selling Your Home. Filing an amended tax return for 2013 The gain on the sale of your business property is taxable. Filing an amended tax return for 2013 A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. Filing an amended tax return for 2013 Your taxable gain or loss on the sale of property used in your farm business is taxed under the rules for section 1231 transactions. Filing an amended tax return for 2013 See chapter 9. Filing an amended tax return for 2013 Losses from personal-use property, other than casualty or theft losses, are not deductible. Filing an amended tax return for 2013 If you receive payments for your farm in installments, your gain is taxed over the period of years the payments are received, unless you elect not to use the installment method of reporting the gain. Filing an amended tax return for 2013 See chapter 10 for information about installment sales. Filing an amended tax return for 2013 When you sell your farm, the gain or loss on each asset is figured separately. Filing an amended tax return for 2013 The tax treatment of gain or loss on the sale of each asset is determined by the classification of the asset. Filing an amended tax return for 2013 Each of the assets sold must be classified as one of the following. Filing an amended tax return for 2013 Capital asset held 1 year or less. Filing an amended tax return for 2013 Capital asset held longer than 1 year. Filing an amended tax return for 2013 Property (including real estate) used in your business and held 1 year or less (including draft, breeding, dairy, and sporting animals held less than the holding periods discussed earlier under Livestock ). Filing an amended tax return for 2013 Property (including real estate) used in your business and held longer than 1 year (including only draft, breeding, dairy, and sporting animals held for the holding periods discussed earlier). Filing an amended tax return for 2013 Property held primarily for sale or which is of the kind that would be included in inventory if on hand at the end of your tax year. Filing an amended tax return for 2013 Allocation of consideration paid for a farm. Filing an amended tax return for 2013   The sale of a farm for a lump sum is considered a sale of each individual asset rather than a single asset. Filing an amended tax return for 2013 The residual method is required only if the group of assets sold constitutes a trade or business. Filing an amended tax return for 2013 This method determines gain or loss from the transfer of each asset. Filing an amended tax return for 2013 It also determines the buyer's basis in the business assets. Filing an amended tax return for 2013 For more information, see Sale of a Business in chapter 2 of Publication 544. Filing an amended tax return for 2013 Property used in farm operation. Filing an amended tax return for 2013   The rules for excluding the gain on the sale of your home, described later under Sale of your home , do not apply to the property used for your farming business. Filing an amended tax return for 2013 Recognized gains and losses on business property must be reported on your return for the year of the sale. Filing an amended tax return for 2013 If the property was held longer than 1 year, it may qualify for section 1231 treatment (see chapter 9). Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 You sell your farm, including your main home, which you have owned since December 2001. Filing an amended tax return for 2013 You realize gain on the sale as follows. Filing an amended tax return for 2013   Farm   Farm   With Home Without   Home Only Home Selling price $382,000 $158,000 $224,000 Cost (or other basis) 240,000 110,000 130,000 Gain $142,000 $48,000 $94,000 You must report the $94,000 gain from the sale of the property used in your farm business. Filing an amended tax return for 2013 All or a part of that gain may have to be reported as ordinary income from the recapture of depreciation or soil and water conservation expenses. Filing an amended tax return for 2013 Treat the balance as section 1231 gain. Filing an amended tax return for 2013 The $48,000 gain from the sale of your home is not taxable as long as you meet the requirements explained later under Sale of your home . Filing an amended tax return for 2013 Partial sale. Filing an amended tax return for 2013   If you sell only part of your farm, you must report any recognized gain or loss on the sale of that part on your tax return for the year of the sale. Filing an amended tax return for 2013 You cannot wait until you have sold enough of the farm to recover its entire cost before reporting gain or loss. Filing an amended tax return for 2013 For a detailed discussion on installment sales, see Publication 544. Filing an amended tax return for 2013 Adjusted basis of the part sold. Filing an amended tax return for 2013   This is the properly allocated part of your original cost or other basis of the entire farm plus or minus necessary adjustments for improvements, depreciation, etc. Filing an amended tax return for 2013 , on the part sold. Filing an amended tax return for 2013 If your home is on the farm, you must properly adjust the basis to exclude those costs from your farm asset costs, as discussed below under Sale of your home . Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 You bought a 600-acre farm for $700,000. Filing an amended tax return for 2013 The farm included land and buildings. Filing an amended tax return for 2013 The purchase contract designated $600,000 of the purchase price to the land. Filing an amended tax return for 2013 You later sold 60 acres of land on which you had installed a fence. Filing an amended tax return for 2013 Your adjusted basis for the part of your farm sold is $60,000 (1/10 of $600,000), plus any unrecovered cost (cost not depreciated) of the fence on the 60 acres at the time of sale. Filing an amended tax return for 2013 Use this amount to determine your gain or loss on the sale of the 60 acres. Filing an amended tax return for 2013 Assessed values for local property taxes. Filing an amended tax return for 2013   If you paid a flat sum for the entire farm and no other facts are available for properly allocating your original cost or other basis between the land and the buildings, you can use the assessed values for local property taxes for the year of purchase to allocate the costs. Filing an amended tax return for 2013 Example. Filing an amended tax return for 2013 Assume that in the preceding example there was no breakdown of the $700,000 purchase price between land and buildings. Filing an amended tax return for 2013 However, in the year of purchase, local taxes on the entire property were based on assessed valuations of $420,000 for land and $140,000 for improvements, or a total of $560,000. Filing an amended tax return for 2013 The assessed valuation of the land is 3/4 (75%) of the total assessed valuation. Filing an amended tax return for 2013 Multiply the $700,000 total purchase price by 75% to figure basis of $525,000 for the 600 acres of land. Filing an amended tax return for 2013 The unadjusted basis of the 60 acres you sold would then be $52,500 (1/10 of $525,000). Filing an amended tax return for 2013 Sale of your home. Filing an amended tax return for 2013   Your home is a capital asset and not property used in the trade or business of farming. Filing an amended tax return for 2013 If you sell a farm that includes a house you and your family occupy, you must determine the part of the selling price and the part of the cost or other basis allocable to your home. Filing an amended tax return for 2013 Your home includes the immediate surroundings and outbuildings relating to it that are not used for business purposes. Filing an amended tax return for 2013   If you use part of your home for business, you must make an appropriate adjustment to the basis for depreciation allowed or allowable. Filing an amended tax return for 2013 For more information on basis, see chapter 6. Filing an amended tax return for 2013 More information. Filing an amended tax return for 2013   For more information on selling your home, see Publication 523. Filing an amended tax return for 2013 Gain from condemnation. Filing an amended tax return for 2013   If you have a gain from a condemnation or sale under threat of condemnation, you may use the preceding rules for excluding the gain, rather than the rules discussed under Postponing Gain in chapter 11. Filing an amended tax return for 2013 However, any gain that cannot be excluded (because it is more than the limit) may be postponed under the rules discussed under Postponing Gain in chapter 11. Filing an amended tax return for 2013 Foreclosure or Repossession If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. Filing an amended tax return for 2013 The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. Filing an amended tax return for 2013 This is true even if you voluntarily return the property to the lender. Filing an amended tax return for 2013 You may also realize ordinary income from cancellation of debt if the loan balance is more than the FMV of the property. Filing an amended tax return for 2013 Buyer's (borrower's) gain or loss. Filing an amended tax return for 2013   You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale or exchange. Filing an amended tax return for 2013 The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. Filing an amended tax return for 2013 See Determining Gain or Loss , earlier. Filing an amended tax return for 2013 Worksheet 8-1. Filing an amended tax return for 2013 Worksheet for Foreclosures andRepossessions Part 1. Filing an amended tax return for 2013 Use Part 1 to figure your ordinary income from the cancellation of debt upon foreclosure or repossession. Filing an amended tax return for 2013 Complete this part only if you were personally liable for the debt. Filing an amended tax return for 2013 Otherwise, go to Part 2. Filing an amended tax return for 2013   1. Filing an amended tax return for 2013 Enter the amount of outstanding debt immediately before the transfer of property reduced by any amount for which you remain personally liable after the transfer of property   2. Filing an amended tax return for 2013 Enter the Fair Market Value of the transferred property   3. Filing an amended tax return for 2013 Ordinary income from cancellation of debt upon foreclosure or repossession. Filing an amended tax return for 2013 * Subtract line 2 from line 1. Filing an amended tax return for 2013 If zero or less, enter -0-   Part 2. Filing an amended tax return for 2013 Figure your gain or loss from foreclosure or repossession. Filing an amended tax return for 2013   4. Filing an amended tax return for 2013 If you completed Part 1, enter the smaller of line 1 or line 2. Filing an amended tax return for 2013 If you did not complete Part 1, enter the outstanding debt immediately before the transfer of property   5. Filing an amended tax return for 2013 Enter any proceeds you received from the foreclosure sale   6. Filing an amended tax return for 2013 Add lines 4 and 5   7. Filing an amended tax return for 2013 Enter the adjusted basis of the transferred property   8. Filing an amended tax return for 2013 Gain or loss from foreclosure or repossession. Filing an amended tax return for 2013 Subtract line 7  from line 6   * The income may not be taxable. Filing an amended tax return for 2013 See Cancellation of debt . Filing an amended tax return for 2013    You can use Worksheet 8-1 to figure your gain or loss from a foreclosure or repossession. Filing an amended tax return for 2013 Amount realized on a nonrecourse debt. Filing an amended tax return for 2013   If you are not personally liable for repaying the debt (nonrecourse debt) secured by the transferred property, the amount you realize includes the full amount of the debt canceled by the transfer. Filing an amended tax return for 2013 The full canceled debt is included in the amount realized even if the fair market value of the property is less than the canceled debt. Filing an amended tax return for 2013 Example 1. Filing an amended tax return for 2013 Ann paid $200,000 for land used in her farming business. Filing an amended tax return for 2013 She paid $15,000 down and borrowed the remaining $185,000 from a bank. Filing an amended tax return for 2013 Ann is not personally liable for the loan (nonrecourse debt), but pledges the land as security. Filing an amended tax return for 2013 The bank foreclosed on the loan 2 years after Ann stopped making payments. Filing an amended tax return for 2013 When the bank foreclosed, the balance due on the loan was $180,000 and the FMV of the land was $170,000. Filing an amended tax return for 2013 The amount Ann realized on the foreclosure was $180,000, the debt canceled by the foreclosure. Filing an amended tax return for 2013 She figures her gain or loss on Form 4797, Part I, by comparing the amount realized ($180,000) with her adjusted basis ($200,000). Filing an amended tax return for 2013 She has a $20,000 deductible loss. Filing an amended tax return for 2013 Example 2. Filing an amended tax return for 2013 Assume the same facts as in Example 1 except the FMV of the land was $210,000. Filing an amended tax return for 2013 The result is the same. Filing an amended tax return for 2013 The amount Ann realized on the foreclosure is $180,000, the debt canceled by the foreclosure. Filing an amended tax return for 2013 Because her adjusted basis is $200,000, she has a deductible loss of $20,000, which she reports on Form 4797, Part I. Filing an amended tax return for 2013 Amount realized on a recourse debt. Filing an amended tax return for 2013   If you are personally liable for the debt (recourse debt), the amount realized on the foreclosure or repossession includes the lesser of: The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or The fair market value of the transferred property. Filing an amended tax return for 2013   You are treated as receiving ordinary income from the canceled debt for the part of the debt that is more than the fair market value. Filing an amended tax return for 2013 The amount realized does not include the canceled debt that is your income from cancellation of debt. Filing an amended tax return for 2013 See Cancellation of debt , later. Filing an amended tax return for 2013 Example 3. Filing an amended tax return for 2013 Assume the same facts as in Example 1 above except Ann is personally liable for the loan (recourse debt). Filing an amended tax return for 2013 In this case, the amount she realizes is $170,000. Filing an amended tax return for 2013 This is the canceled debt ($180,000) up to the FMV of the land ($170,000). Filing an amended tax return for 2013 Ann figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($200,000). Filing an amended tax return for 2013 She has a $30,000 deductible loss, which she figures on Form 4797, Part I. Filing an amended tax return for 2013 She is also treated as receiving ordinary income from cancellation of debt. Filing an amended tax return for 2013 That income is $10,000 ($180,000 − $170,000). Filing an amended tax return for 2013 This is the part of the canceled debt not included in the amount realized. Filing an amended tax return for 2013 She reports this as other income on Schedule F, line 8. Filing an amended tax return for 2013 Seller's (lender's) gain or loss on repossession. Filing an amended tax return for 2013   If you finance a buyer's purchase of property and later acquire an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. Filing an amended tax return for 2013 For more information, see Repossession in Publication 537, Installment Sales. Filing an amended tax return for 2013 Cancellation of debt. Filing an amended tax return for 2013   If property that is repossessed or foreclosed upon secures a debt for which you are personally liable (recourse debt), you generally must report as ordinary income the amount by which the canceled debt is more than the FMV of the property. Filing an amended tax return for 2013 This income is separate from any gain or loss realized from the foreclosure or repossession. Filing an amended tax return for 2013 Report the income from cancellation of a business debt on Schedule F, line 8. Filing an amended tax return for 2013 Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. Filing an amended tax return for 2013    You can use Worksheet 8-1 to figure your income from cancellation of debt. Filing an amended tax return for 2013   However, income from cancellation of debt is not taxed if any of the following apply. Filing an amended tax return for 2013 The cancellation is intended as a gift. Filing an amended tax return for 2013 The debt is qualified farm debt (see chapter 3). Filing an amended tax return for 2013 The debt is qualified real property business debt (see chapter 5 of Publication 334). Filing an amended tax return for 2013 You are insolvent or bankrupt (see  chapter 3). Filing an amended tax return for 2013 The debt is qualified principal residence indebtedness (see chapter 3). Filing an amended tax return for 2013   Use Form 982 to report the income exclusion. Filing an amended tax return for 2013 Abandonment The abandonment of property is a disposition of property. Filing an amended tax return for 2013 You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership, but without passing it on to anyone else. Filing an amended tax return for 2013 Business or investment property. Filing an amended tax return for 2013   Loss from abandonment of business or investment property is deductible as a loss. Filing an amended tax return for 2013 Loss from abandonment of business or investment property that is not treated as a sale or exchange generally is an ordinary loss. Filing an amended tax return for 2013 If your adjusted basis is more than the amount you realize (if any), then you have a loss. Filing an amended tax return for 2013 If the amount you realize (if any) is more than your adjusted basis, then you have a gain. Filing an amended tax return for 2013 This rule also applies to leasehold improvements the lessor made for the lessee. Filing an amended tax return for 2013 However, if the property is foreclosed on or repossessed in lieu of abandonment, gain or loss is figured as discussed earlier under Foreclosure or Repossession . Filing an amended tax return for 2013   If the abandoned property is secured by debt, special rules apply. Filing an amended tax return for 2013 The tax consequences of abandonment of property that secures a debt depend on whether you are personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt). Filing an amended tax return for 2013 For more information, see chapter 3 of Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals). Filing an amended tax return for 2013 The abandonment loss is deducted in the tax year in which the loss is sustained. Filing an amended tax return for 2013 Report the loss on Form 4797, Part II, line 10. Filing an amended tax return for 2013 Personal-use property. Filing an amended tax return for 2013   You cannot deduct any loss from abandonment of your home or other property held for personal use. Filing an amended tax return for 2013 Canceled debt. Filing an amended tax return for 2013   If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt. Filing an amended tax return for 2013 This income is separate from any loss realized from abandonment of the property. Filing an amended tax return for 2013 Report income from cancellation of a debt related to a business or rental activity as business or rental income. Filing an amended tax return for 2013 Report income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. Filing an amended tax return for 2013   However, income from cancellation of debt is not taxed in certain circumstances. Filing an amended tax return for 2013 See Cancellation of debt earlier under Foreclosure or Repossession . Filing an amended tax return for 2013 Forms 1099-A and 1099-C. Filing an amended tax return for 2013   A lender who acquires an interest in your property in a foreclosure, repossession, or abandonment should send you Form 1099-A showing the information you need to figure your loss from the foreclosure, repossession, or abandonment. Filing an amended tax return for 2013 However, if the lender cancels part of your debt and the lender must file Form 1099-C, the lender may include the information about the foreclosure, repossession, or abandonment on that form instead of Form 1099-A. Filing an amended tax return for 2013 The lender must file Form 1099-C and send you a copy if the canceled debt is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Filing an amended tax return for 2013 For foreclosures, repossessions, abandonments of property, and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. Filing an amended tax return for 2013 Prev  Up  Next   Home   More Online Publications
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The Filing An Amended Tax Return For 2013

Filing an amended tax return for 2013 Index A Assistance (see Tax help) F Free tax services, How To Get Tax Help H Help (see Tax help) M More information (see Tax help) P Publications (see Tax help) T Tax help, How To Get Tax Help Taxpayer Advocate, Taxpayer Advocate Service. Filing an amended tax return for 2013 TTY/TDD information, How To Get Tax Help Prev  Up     Home   More Online Publications