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Free 2006 Tax Software

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Free 2006 Tax Software

Free 2006 tax software Publication 551 - Main Content Table of Contents Cost BasisStocks and Bonds Real Property Business Assets Allocating the Basis Adjusted BasisIncreases to Basis Decreases to Basis Adjustments to Basis Example Basis Other Than CostProperty Received for Services Taxable Exchanges Nontaxable Exchanges Property Transferred From a Spouse Property Received as a Gift Inherited Property Property Changed to Business or Rental Use How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Free 2006 tax software Cost Basis The basis of property you buy is usually its cost. Free 2006 tax software The cost is the amount you pay in cash, debt obligations, other property, or services. Free 2006 tax software Your cost also includes amounts you pay for the following items. Free 2006 tax software Sales tax, Freight, Installation and testing, Excise taxes, Legal and accounting fees (when they must be capitalized), Revenue stamps, Recording fees, and Real estate taxes (if assumed for the seller). Free 2006 tax software  You may also have to capitalize (add to basis) certain other costs related to buying or producing property. Free 2006 tax software Loans with low or no interest. Free 2006 tax software   If you buy property on a time-payment plan that charges little or no interest, the basis of your property is your stated purchase price, minus the amount considered to be unstated interest. Free 2006 tax software You generally have unstated interest if your interest rate is less than the applicable federal rate. Free 2006 tax software For more information, see Unstated Interest and Original Issue Discount in Publication 537. Free 2006 tax software Purchase of a business. Free 2006 tax software   When you purchase a trade or business, you generally purchase all assets used in the business operations, such as land, buildings, and machinery. Free 2006 tax software Allocate the price among the various assets, including any section 197 intangibles. Free 2006 tax software See Allocating the Basis, later. Free 2006 tax software Stocks and Bonds The basis of stocks or bonds you buy is generally the purchase price plus any costs of purchase, such as commissions and recording or transfer fees. Free 2006 tax software If you get stocks or bonds other than by purchase, your basis is usually determined by the fair market value (FMV) or the previous owner's adjusted basis of the stock. Free 2006 tax software You must adjust the basis of stocks for certain events that occur after purchase. Free 2006 tax software See Stocks and Bonds in chapter 4 of Publication 550 for more information on the basis of stock. Free 2006 tax software Identifying stock or bonds sold. Free 2006 tax software   If you can adequately identify the shares of stock or the bonds you sold, their basis is the cost or other basis of the particular shares of stock or bonds. Free 2006 tax software If you buy and sell securities at various times in varying quantities and you cannot adequately identify the shares you sell, the basis of the securities you sell is the basis of the securities you acquired first. Free 2006 tax software For more information about identifying securities you sell, see Stocks and Bonds under Basis of Investment Property in chapter 4 of Publication 550. Free 2006 tax software Mutual fund shares. Free 2006 tax software   If you sell mutual fund shares acquired at different times and prices, you can choose to use an average basis. Free 2006 tax software For more information, see Publication 550. Free 2006 tax software Real Property Real property, also called real estate, is land and generally anything built on or attached to it. Free 2006 tax software If you buy real property, certain fees and other expenses become part of your cost basis in the property. Free 2006 tax software Real estate taxes. Free 2006 tax software   If you pay real estate taxes the seller owed on real property you bought, and the seller did not reimburse you, treat those taxes as part of your basis. Free 2006 tax software You cannot deduct them as taxes. Free 2006 tax software   If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase. Free 2006 tax software Do not include that amount in the basis of the property. Free 2006 tax software If you did not reimburse the seller, you must reduce your basis by the amount of those taxes. Free 2006 tax software Settlement costs. Free 2006 tax software   Your basis includes the settlement fees and closing costs for buying property. Free 2006 tax software You cannot include in your basis the fees and costs for getting a loan on property. Free 2006 tax software A fee for buying property is a cost that must be paid even if you bought the property for cash. Free 2006 tax software   The following items are some of the settlement fees or closing costs you can include in the basis of your property. Free 2006 tax software Abstract fees (abstract of title fees); Charges for installing utility services; Legal fees (including title search and preparation of the sales contract and deed); Recording fees; Surveys; Transfer taxes; Owner's title insurance; and Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Free 2006 tax software   Settlement costs do not include amounts placed in escrow for the future payment of items such as taxes and insurance. Free 2006 tax software   The following items are some settlement fees and closing costs you cannot include in the basis of the property. Free 2006 tax software Casualty insurance premiums. Free 2006 tax software Rent for occupancy of the property before closing. Free 2006 tax software Charges for utilities or other services related to occupancy of the property before closing. Free 2006 tax software Charges connected with getting a loan. Free 2006 tax software The following are examples of these charges. Free 2006 tax software Points (discount points, loan origination fees). Free 2006 tax software Mortgage insurance premiums. Free 2006 tax software Loan assumption fees. Free 2006 tax software Cost of a credit report. Free 2006 tax software Fees for an appraisal required by a lender. Free 2006 tax software Fees for refinancing a mortgage. Free 2006 tax software If these costs relate to business property, items (1) through (3) are deductible as business expenses. Free 2006 tax software Items (4) and (5) must be capitalized as costs of getting a loan and can be deducted over the period of the loan. Free 2006 tax software Points. Free 2006 tax software   If you pay points to obtain a loan (including a mortgage, second mortgage, line of credit, or a home equity loan), do not add the points to the basis of the related property. Free 2006 tax software Generally, you deduct the points over the term of the loan. Free 2006 tax software For more information on how to deduct points, see Points in chapter 4 of Publication 535. Free 2006 tax software Points on home mortgage. Free 2006 tax software   Special rules may apply to points you and the seller pay when you obtain a mortgage to purchase your main home. Free 2006 tax software If certain requirements are met, you can deduct the points in full for the year in which they are paid. Free 2006 tax software Reduce the basis of your home by any seller-paid points. Free 2006 tax software For more information, see Points in Publication 936, Home Mortgage Interest Deduction. Free 2006 tax software Assumption of mortgage. Free 2006 tax software   If you buy property and assume (or buy subject to) an existing mortgage on the property, your basis includes the amount you pay for the property plus the amount to be paid on the mortgage. Free 2006 tax software Example. Free 2006 tax software If you buy a building for $20,000 cash and assume a mortgage of $80,000 on it, your basis is $100,000. Free 2006 tax software Constructing assets. Free 2006 tax software   If you build property or have assets built for you, your expenses for this construction are part of your basis. Free 2006 tax software Some of these expenses include the following costs. Free 2006 tax software Land, Labor and materials, Architect's fees, Building permit charges, Payments to contractors, Payments for rental equipment, and Inspection fees. Free 2006 tax software In addition, if you own a business and use your employees, material, and equipment to build an asset, do not deduct the following expenses. Free 2006 tax software You must include them in the asset's basis. Free 2006 tax software Employee wages paid for the construction work, reduced by any employment credits allowed; Depreciation on equipment you own while it is used in the construction; Operating and maintenance costs for equipment used in the construction; and The cost of business supplies and materials used in the construction. Free 2006 tax software    Do not include the value of your own labor, or any other labor you did not pay for, in the basis of any property you construct. Free 2006 tax software Business Assets If you purchase property to use in your business, your basis is usually its actual cost to you. Free 2006 tax software If you construct, create, or otherwise produce property, you must capitalize the costs as your basis. Free 2006 tax software In certain circumstances, you may be subject to the uniform capitalization rules, next. Free 2006 tax software Uniform Capitalization Rules The uniform capitalization rules specify the costs you add to basis in certain circumstances. Free 2006 tax software Activities subject to the rules. Free 2006 tax software   You must use the uniform capitalization rules if you do any of the following in your trade or business or activity carried on for profit. Free 2006 tax software Produce real or tangible personal property for use in the business or activity, Produce real or tangible personal property for sale to customers, or Acquire property for resale. Free 2006 tax software However, this rule does not apply to personal property if your average annual gross receipts for the 3 previous tax years are $10 million or less. Free 2006 tax software   You produce property if you construct, build, install, manufacture, develop, improve, create, raise, or grow the property. Free 2006 tax software Treat property produced for you under a contract as produced by you up to the amount you pay or costs you otherwise incur for the property. Free 2006 tax software Tangible personal property includes films, sound recordings, video tapes, books, or similar property. Free 2006 tax software    Under the uniform capitalization rules, you must capitalize all direct costs and an allocable part of most indirect costs you incur due to your production or resale activities. Free 2006 tax software To capitalize means to include certain expenses in the basis of property you produce or in your inventory costs rather than deduct them as a current expense. Free 2006 tax software You recover these costs through deductions for depreciation, amortization, or cost of goods sold when you use, sell, or otherwise dispose of the property. Free 2006 tax software   Any cost you cannot use to figure your taxable income for any tax year is not subject to the uniform capitalization rules. Free 2006 tax software Example. Free 2006 tax software If you incur a business meal expense for which your deduction would be limited to 50% of the cost of the meal, that amount is subject to the uniform capitalization rules. Free 2006 tax software The nondeductible part of the cost is not subject to the uniform capitalization rules. Free 2006 tax software More information. Free 2006 tax software   For more information about these rules, see the regulations under section 263A of the Internal Revenue Code and Publication 538, Accounting Periods and Methods. Free 2006 tax software Exceptions. Free 2006 tax software   The following are not subject to the uniform capitalization rules. Free 2006 tax software Property you produce that you do not use in your trade, business, or activity conducted for profit; Qualified creative expenses you pay or incur as a free-lance (self-employed) writer, photographer, or artist that are otherwise deductible on your tax return; Property you produce under a long-term contract, except for certain home construction contracts; Research and experimental expenses deductible under section 174 of the Internal Revenue Code; and Costs for personal property acquired for resale if your (or your predecessor's) average annual gross receipts for the 3 previous tax years do not exceed $10 million. Free 2006 tax software For other exceptions to the uniform capitalization rules, see section 1. Free 2006 tax software 263A-1(b) of the regulations. Free 2006 tax software   For information on the special rules that apply to costs incurred in the business of farming, see chapter 6 of Publication 225, Farmer's Tax Guide. Free 2006 tax software Intangible Assets Intangible assets include goodwill, patents, copyrights, trademarks, trade names, and franchises. Free 2006 tax software The basis of an intangible asset is usually the cost to buy or create it. Free 2006 tax software If you acquire multiple assets, for example a going business for a lump sum, see Allocating the Basis below to figure the basis of the individual assets. Free 2006 tax software The basis of certain intangibles can be amortized. Free 2006 tax software See chapter 8 of Publication 535 for information on the amortization of these costs. Free 2006 tax software Patents. Free 2006 tax software   The basis of a patent you get for an invention is the cost of development, such as research and experimental expenditures, drawings, working models, and attorneys' and governmental fees. Free 2006 tax software If you deduct the research and experimental expenditures as current business expenses, you cannot include them in the basis of the patent. Free 2006 tax software The value of the inventor's time spent on an invention is not part of the basis. Free 2006 tax software Copyrights. Free 2006 tax software   If you are an author, the basis of a copyright will usually be the cost of getting the copyright plus copyright fees, attorneys' fees, clerical assistance, and the cost of plates that remain in your possession. Free 2006 tax software Do not include the value of your time as the author, or any other person's time you did not pay for. Free 2006 tax software Franchises, trademarks, and trade names. Free 2006 tax software   If you buy a franchise, trademark, or trade name, the basis is its cost, unless you can deduct your payments as a business expense. Free 2006 tax software Allocating the Basis If you buy multiple assets for a lump sum, allocate the amount you pay among the assets you receive. Free 2006 tax software You must make this allocation to figure your basis for depreciation and gain or loss on a later disposition of any of these assets. Free 2006 tax software See Trade or Business Acquired below. Free 2006 tax software Group of Assets Acquired If you buy multiple assets for a lump sum, you and the seller may agree to a specific allocation of the purchase price among the assets in the sales contract. Free 2006 tax software If this allocation is based on the value of each asset and you and the seller have adverse tax interests, the allocation generally will be accepted. Free 2006 tax software However, see Trade or Business Acquired, next. Free 2006 tax software Trade or Business Acquired If you acquire a trade or business, allocate the consideration paid to the various assets acquired. Free 2006 tax software Generally, reduce the consideration paid by any cash and general deposit accounts (including checking and savings accounts) received. Free 2006 tax software Allocate the remaining consideration to the other business assets received in proportion to (but not more than) their fair market value in the following order. Free 2006 tax software Certificates of deposit, U. Free 2006 tax software S. Free 2006 tax software Government securities, foreign currency, and actively traded personal property, including stock and securities. Free 2006 tax software Accounts receivable, other debt instruments, and assets you mark to market at least annually for federal income tax purposes. Free 2006 tax software Property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held primarily for sale to customers in the ordinary course of business. Free 2006 tax software All other assets except section 197 intangibles, goodwill, and going concern value. Free 2006 tax software Section 197 intangibles except goodwill and going concern value. Free 2006 tax software Goodwill and going concern value (whether or not they qualify as section 197 intangibles). Free 2006 tax software Agreement. Free 2006 tax software   The buyer and seller may enter into a written agreement as to the allocation of any consideration or the fair market value (FMV) of any of the assets. Free 2006 tax software This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. Free 2006 tax software Reporting requirement. Free 2006 tax software   Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. Free 2006 tax software Use Form 8594 to provide this information. Free 2006 tax software The buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. Free 2006 tax software More information. Free 2006 tax software   See Sale of a Business in chapter 2 of Publication 544 for more information. Free 2006 tax software Land and Buildings If you buy buildings and the land on which they stand for a lump sum, allocate the basis of the property among the land and the buildings so you can figure the depreciation allowable on the buildings. Free 2006 tax software Figure the basis of each asset by multiplying the lump sum by a fraction. Free 2006 tax software The numerator is the FMV of that asset and the denominator is the FMV of the whole property at the time of purchase. Free 2006 tax software If you are not certain of the FMV of the land and buildings, you can allocate the basis based on their assessed values for real estate tax purposes. Free 2006 tax software Demolition of building. Free 2006 tax software   Add demolition costs and other losses incurred for the demolition of any building to the basis of the land on which the demolished building was located. Free 2006 tax software Do not claim the costs as a current deduction. Free 2006 tax software Modification of building. Free 2006 tax software   A modification of a building will not be treated as a demolition if the following conditions are satisfied. Free 2006 tax software 75 percent or more of the existing external walls of the building are retained in place as internal or external walls, and 75 percent or more of the existing internal structural framework of the building is retained in place. Free 2006 tax software   If the building is a certified historic structure, the modification must also be part of a certified rehabilitation. Free 2006 tax software   If these conditions are met, add the costs of the modifications to the basis of the building. Free 2006 tax software Subdivided lots. Free 2006 tax software   If you buy a tract of land and subdivide it, you must determine the basis of each lot. Free 2006 tax software This is necessary because you must figure the gain or loss on the sale of each individual lot. Free 2006 tax software As a result, you do not recover your entire cost in the tract until you have sold all of the lots. Free 2006 tax software   To determine the basis of an individual lot, multiply the total cost of the tract by a fraction. Free 2006 tax software The numerator is the FMV of the lot and the denominator is the FMV of the entire tract. Free 2006 tax software Future improvement costs. Free 2006 tax software   If you are a developer and sell subdivided lots before the development work is completed, you can (with IRS consent) include in the basis of the properties sold an allocation of the estimated future cost for common improvements. Free 2006 tax software See Revenue Procedure 92–29 for more information, including an explanation of the procedures for getting consent from the IRS. Free 2006 tax software Use of erroneous cost basis. Free 2006 tax software   If you made a mistake in figuring the cost basis of subdivided lots sold in previous years, you cannot correct the mistake for years for which the statute of limitations (generally 3 tax years) has expired. Free 2006 tax software Figure the basis of any remaining lots by allocating the correct original cost basis of the entire tract among the original lots. Free 2006 tax software Example. Free 2006 tax software You bought a tract of land to which you assigned a cost of $15,000. Free 2006 tax software You subdivided the land into 15 building lots of equal size and equitably divided your basis so that each lot had a basis of $1,000. Free 2006 tax software You treated the sale of each lot as a separate transaction and figured gain or loss separately on each sale. Free 2006 tax software Several years later you determine that your original basis in the tract was $22,500 and not $15,000. Free 2006 tax software You sold eight lots using $8,000 of basis in years for which the statute of limitations has expired. Free 2006 tax software You now can take $1,500 of basis into account for figuring gain or loss only on the sale of each of the remaining seven lots ($22,500 basis divided among all 15 lots). Free 2006 tax software You cannot refigure the basis of the eight lots sold in tax years barred by the statute of limitations. Free 2006 tax software Adjusted Basis Before figuring gain or loss on a sale, exchange, or other disposition of property or figuring allowable depreciation, depletion, or amortization, you must usually make certain adjustments to the basis of the property. Free 2006 tax software The result of these adjustments to the basis is the adjusted basis. Free 2006 tax software Increases to Basis Increase the basis of any property by all items properly added to a capital account. Free 2006 tax software These include the cost of any improvements having a useful life of more than 1 year. Free 2006 tax software Rehabilitation expenses also increase basis. Free 2006 tax software However, you must subtract any rehabilitation credit allowed for these expenses before you add them to your basis. Free 2006 tax software If you have to recapture any of the credit, increase your basis by the recaptured amount. Free 2006 tax software If you make additions or improvements to business property, keep separate accounts for them. Free 2006 tax software Also, you must depreciate the basis of each according to the depreciation rules that would apply to the underlying property if you had placed it in service at the same time you placed the addition or improvement in service. Free 2006 tax software For more information, see Publication 946. Free 2006 tax software The following items increase the basis of property. Free 2006 tax software The cost of extending utility service lines to the property; Impact fees; Legal fees, such as the cost of defending and perfecting title; Legal fees for obtaining a decrease in an assessment levied against property to pay for local improvements; Zoning costs; and The capitalized value of a redeemable ground rent. Free 2006 tax software Assessments for Local Improvements Increase the basis of property by assessments for items such as paving roads and building ditches that increase the value of the property assessed. Free 2006 tax software Do not deduct them as taxes. Free 2006 tax software However, you can deduct as taxes charges for maintenance, repairs, or interest charges related to the improvements. Free 2006 tax software Example. Free 2006 tax software Your city changes the street in front of your store into an enclosed pedestrian mall and assesses you and other affected landowners for the cost of the conversion. Free 2006 tax software Add the assessment to your property's basis. Free 2006 tax software In this example, the assessment is a depreciable asset. Free 2006 tax software Deducting vs. Free 2006 tax software Capitalizing Costs Do not add to your basis costs you can deduct as current expenses. Free 2006 tax software For example, amounts paid for incidental repairs or maintenance that are deductible as business expenses cannot be added to basis. Free 2006 tax software However, you can choose either to deduct or to capitalize certain other costs. Free 2006 tax software If you capitalize these costs, include them in your basis. Free 2006 tax software If you deduct them, do not include them in your basis. Free 2006 tax software See Uniform Capitalization Rules earlier. Free 2006 tax software The costs you can choose to deduct or to capitalize include the following. Free 2006 tax software Carrying charges, such as interest and taxes, that you pay to own property, except carrying charges that must be capitalized under the uniform capitalization rules; Research and experimentation costs; Intangible drilling and development costs for oil, gas, and geothermal wells; Exploration costs for new mineral deposits; Mining development costs for a new mineral deposit; Costs of establishing, maintaining, or increasing the circulation of a newspaper or other periodical; and Costs of removing architectural and transportation barriers to people with disabilities and the elderly. Free 2006 tax software If you claim the disabled access credit, you must reduce the amount you deduct or capitalize by the amount of the credit. Free 2006 tax software For more information about deducting or capitalizing costs, see chapter 7 in Publication 535. Free 2006 tax software Table 1. Free 2006 tax software Examples of Increases and Decreases to Basis Increases to Basis Decreases to Basis Capital improvements:   Putting an addition on your home   Replacing an entire roof  Paving your driveway  Installing central air conditioning Rewiring your home Exclusion from income of subsidies for energy conservation measures  Casualty or theft loss deductions and insurance reimbursements  Vehicle credits Assessments for local improvements: Water connections Sidewalks Roads Section 179 deduction  Casualty losses: Restoring damaged property Depreciation  Nontaxable corporate distributions Legal fees:  Cost of defending and perfecting a title   Zoning costs   Decreases to Basis The following are some items that reduce the basis of property. Free 2006 tax software Section 179 deduction; Nontaxable corporate distributions; Deductions previously allowed (or allowable) for amortization, depreciation, and depletion; Exclusion of subsidies for energy conservation measures; Vehicle credits; Residential energy credits; Postponed gain from sale of home; Investment credit (part or all) taken; Casualty and theft losses and insurance reimbursement; Certain canceled debt excluded from income; Rebates from a manufacturer or seller; Easements; Gas-guzzler tax; Adoption tax benefits; and Credit for employer-provided child care. Free 2006 tax software Some of these items are discussed next. Free 2006 tax software Casualties and Thefts If you have a casualty or theft loss, decrease the basis in your property by any insurance or other reimbursement and by any deductible loss not covered by insurance. Free 2006 tax software You must increase your basis in the property by the amount you spend on repairs that substantially prolong the life of the property, increase its value, or adapt it to a different use. Free 2006 tax software To make this determination, compare the repaired property to the property before the casualty. Free 2006 tax software For more information on casualty and theft losses, see Publication 547, Casualties, Disasters, and Thefts. Free 2006 tax software Easements The amount you receive for granting an easement is generally considered to be a sale of an interest in real property. Free 2006 tax software It reduces the basis of the affected part of the property. Free 2006 tax software If the amount received is more than the basis of the part of the property affected by the easement, reduce your basis in that part to zero and treat the excess as a recognized gain. Free 2006 tax software Vehicle Credits Unless you elect not to claim the qualified plug-in electric vehicle credit, the alternative motor vehicle credit, or the qualified plug-in electric drive motor vehicle credit, you may have to reduce the basis of each qualified vehicle by certain amounts reported. Free 2006 tax software For more information, see Form 8834, Qualified Plug-in Electric and Electric Vehicle Credit; Form 8910, Alternative Motor Vehicle Credit; Form 8936, Qualified Plug-in Electric Drive Motor Vehicle Credit;and the related instructions. Free 2006 tax software Gas-Guzzler Tax Decrease the basis in your car by the gas-guzzler (fuel economy) tax if you begin using the car within 1 year of the date of its first sale for ultimate use. Free 2006 tax software This rule also applies to someone who later buys the car and begins using it not more than 1 year after the original sale for ultimate use. Free 2006 tax software If the car is imported, the one-year period begins on the date of entry or withdrawal of the car from the warehouse if that date is later than the date of the first sale for ultimate use. Free 2006 tax software Section 179 Deduction If you take the section 179 deduction for all or part of the cost of qualifying business property, decrease the basis of the property by the deduction. Free 2006 tax software For more information about the section 179 deduction, see Publication 946. Free 2006 tax software Exclusion of Subsidies for Energy Conservation Measures You can exclude from gross income any subsidy you received from a public utility company for the purchase or installation of any energy conservation measure for a dwelling unit. Free 2006 tax software Reduce the basis of the property for which you received the subsidy by the excluded amount. Free 2006 tax software For more information on this subsidy, see Publication 525. Free 2006 tax software Depreciation Decrease the basis of property by the depreciation you deducted, or could have deducted, on your tax returns under the method of depreciation you chose. Free 2006 tax software If you took less depreciation than you could have under the method chosen, decrease the basis by the amount you could have taken under that method. Free 2006 tax software If you did not take a depreciation deduction, reduce the basis by the full amount of the depreciation you could have taken. Free 2006 tax software Unless a timely election is made not to deduct the special depreciation allowance for property placed in service after September 10, 2001, decrease the property's basis by the special depreciation allowance you deducted or could have deducted. Free 2006 tax software If you deducted more depreciation than you should have, decrease your basis by the amount equal to the depreciation you should have deducted plus the part of the excess depreciation you deducted that actually reduced your tax liability for the year. Free 2006 tax software In decreasing your basis for depreciation, take into account the amount deducted on your tax returns as depreciation and any depreciation capitalized under the uniform capitalization rules. Free 2006 tax software For information on figuring depreciation, see Publication 946. Free 2006 tax software If you are claiming depreciation on a business vehicle, see Publication 463. Free 2006 tax software If the car is not used more than 50% for business during the tax year, you may have to recapture excess depreciation. Free 2006 tax software Include the excess depreciation in your gross income and add it to your basis in the property. Free 2006 tax software For information on the computation of excess depreciation, see chapter 4 in Publication 463. Free 2006 tax software Canceled Debt Excluded From Income If a debt you owe is canceled or forgiven, other than as a gift or bequest, you generally must include the canceled amount in your gross income for tax purposes. Free 2006 tax software A debt includes any indebtedness for which you are liable or which attaches to property you hold. Free 2006 tax software You can exclude canceled debt from income in the following situations. Free 2006 tax software Debt canceled in a bankruptcy case or when you are insolvent, Qualified farm debt, and Qualified real property business debt (provided you are not a C corporation). Free 2006 tax software If you exclude from income canceled debt under situation (1) or (2), you may have to reduce the basis of your depreciable and nondepreciable property. Free 2006 tax software However, in situation (3), you must reduce the basis of your depreciable property by the excluded amount. Free 2006 tax software For more information about canceled debt in a bankruptcy case or during insolvency, see Publication 908, Bankruptcy Tax Guide. Free 2006 tax software For more information about canceled debt that is qualified farm debt, see chapter 3 in Publication 225. Free 2006 tax software For more information about qualified real property business debt, see chapter 5 in Publication 334, Tax Guide for Small Business. Free 2006 tax software Postponed Gain From Sale of Home If you postponed gain from the sale of your main home before May 7, 1997, you must reduce the basis of your new home by the postponed gain. Free 2006 tax software For more information on the rules for the sale of a home, see Publication 523. Free 2006 tax software Adoption Tax Benefits If you claim an adoption credit for the cost of improvements you added to the basis of your home, decrease the basis of your home by the credit allowed. Free 2006 tax software This also applies to amounts you received under an employer's adoption assistance program and excluded from income. Free 2006 tax software For more information Form 8839, Qualified Adoption Expenses. Free 2006 tax software Employer-Provided Child Care If you are an employer, you can claim the employer-provided child care credit on amounts you paid or incurred to acquire, construct, rehabilitate, or expand property used as part of your qualified child care facility. Free 2006 tax software You must reduce your basis in that property by the credit claimed. Free 2006 tax software For more information, see Form 8882, Credit for Employer-Provided Child Care Facilities and Services. Free 2006 tax software Adjustments to Basis Example In January 2005, you paid $80,000 for real property to be used as a factory. Free 2006 tax software You also paid commissions of $2,000 and title search and legal fees of $600. Free 2006 tax software You allocated the total cost of $82,600 between the land and the building—$10,325 for the land and $72,275 for the building. Free 2006 tax software Immediately you spent $20,000 in remodeling the building before you placed it in service. Free 2006 tax software You were allowed depreciation of $14,526 for the years 2005 through 2009. Free 2006 tax software In 2008 you had a $5,000 casualty loss from a that was not covered by insurance on the building. Free 2006 tax software You claimed a deduction for this loss. Free 2006 tax software You spent $5,500 to repair the damages and extend the useful life of the building. Free 2006 tax software The adjusted basis of the building on January 1, 2010, is figured as follows: Original cost of building including fees and commissions $72,275 Adjustments to basis:     Add:         Improvements 20,000   Repair of damages 5,500       $97,775 Subtract:       Depreciation $14,526     Deducted casualty loss 5,000 19,526 Adjusted basis on January 1, 2010 $78,249 The basis of the land, $10,325, remains unchanged. Free 2006 tax software It is not affected by any of the above adjustments. Free 2006 tax software Basis Other Than Cost There are many times when you cannot use cost as basis. Free 2006 tax software In these cases, the fair market value or the adjusted basis of property may be used. Free 2006 tax software Adjusted basis is discussed earlier. Free 2006 tax software Fair market value (FMV). Free 2006 tax software   FMV is the price at which property would change hands between a buyer and a seller, neither having to buy or sell, and both having reasonable knowledge of all necessary facts. Free 2006 tax software Sales of similar property on or about the same date may be helpful in figuring the property's FMV. Free 2006 tax software Property Received for Services If you receive property for services, include the property's FMV in income. Free 2006 tax software The amount you include in income becomes your basis. Free 2006 tax software If the services were performed for a price agreed on beforehand, it will be accepted as the FMV of the property if there is no evidence to the contrary. Free 2006 tax software Bargain Purchases A bargain purchase is a purchase of an item for less than its FMV. Free 2006 tax software If, as compensation for services, you purchase goods or other property at less than FMV, include the difference between the purchase price and the property's FMV in your income. Free 2006 tax software Your basis in the property is its FMV (your purchase price plus the amount you include in income). Free 2006 tax software If the difference between your purchase price and the FMV represents a qualified employee discount, do not include the difference in income. Free 2006 tax software However, your basis in the property is still its FMV. Free 2006 tax software See Employee Discounts in Publication 15-B. Free 2006 tax software Restricted Property If you receive property for your services and the property is subject to certain restrictions, your basis in the property is its FMV when it becomes substantially vested unless you make the election discussed later. Free 2006 tax software Property becomes substantially vested when your rights in the property or the rights of any person to whom you transfer the property are not subject to a substantial risk of forfeiture. Free 2006 tax software There is substantial risk of forfeiture when the rights to full enjoyment of the property depend on the future performance of substantial services by any person. Free 2006 tax software When the property becomes substantially vested, include the FMV, less any amount you paid for the property, in income. Free 2006 tax software Example. Free 2006 tax software Your employer gives you stock for services performed under the condition that you will have to return the stock unless you complete 5 years of service. Free 2006 tax software The stock is under a substantial risk of forfeiture and is not substantially vested when you receive it. Free 2006 tax software You do not report any income until you have completed the 5 years of service that satisfy the condition. Free 2006 tax software Fair market value. Free 2006 tax software   Figure the FMV of property you received without considering any restriction except one that by its terms will never end. Free 2006 tax software Example. Free 2006 tax software You received stock from your employer for services you performed. Free 2006 tax software If you want to sell the stock while you are still employed, you must sell the stock to your employer at book value. Free 2006 tax software At your retirement or death, you or your estate must offer to sell the stock to your employer at its book value. Free 2006 tax software This is a restriction that by its terms will never end and you must consider it when you figure the FMV. Free 2006 tax software Election. Free 2006 tax software   You can choose to include in your gross income the FMV of the property at the time of transfer, less any amount you paid for it. Free 2006 tax software If you make this choice, the substantially vested rules do not apply. Free 2006 tax software Your basis is the amount you paid plus the amount you included in income. Free 2006 tax software   See the discussion of Restricted Property in Publication 525 for more information. Free 2006 tax software Taxable Exchanges A taxable exchange is one in which the gain is taxable or the loss is deductible. Free 2006 tax software A taxable gain or deductible loss is also known as a recognized gain or loss. Free 2006 tax software If you receive property in exchange for other property in a taxable exchange, the basis of property you receive is usually its FMV at the time of the exchange. Free 2006 tax software A taxable exchange occurs when you receive cash or property not similar or related in use to the property exchanged. Free 2006 tax software Example. Free 2006 tax software You trade a tract of farm land with an adjusted basis of $3,000 for a tractor that has an FMV of $6,000. Free 2006 tax software You must report a taxable gain of $3,000 for the land. Free 2006 tax software The tractor has a basis of $6,000. Free 2006 tax software Involuntary Conversions If you receive property as a result of an involuntary conversion, such as a casualty, theft, or condemnation, you can figure the basis of the replacement property you receive using the basis of the converted property. Free 2006 tax software Similar or related property. Free 2006 tax software   If you receive replacement property similar or related in service or use to the converted property, the replacement property's basis is the old property's basis on the date of the conversion. Free 2006 tax software However, make the following adjustments. Free 2006 tax software Decrease the basis by the following. Free 2006 tax software Any loss you recognize on the conversion, and Any money you receive that you do not spend on similar property. Free 2006 tax software Increase the basis by the following. Free 2006 tax software Any gain you recognize on the conversion, and Any cost of acquiring the replacement property. Free 2006 tax software Money or property not similar or related. Free 2006 tax software   If you receive money or property not similar or related in service or use to the converted property, and you buy replacement property similar or related in service or use to the converted property, the basis of the new property is its cost decreased by the gain not recognized on the conversion. Free 2006 tax software Example. Free 2006 tax software The state condemned your property. Free 2006 tax software The property had an adjusted basis of $26,000 and the state paid you $31,000 for it. Free 2006 tax software You realized a gain of $5,000 ($31,000 − $26,000). Free 2006 tax software You bought replacement property similar in use to the converted property for $29,000. Free 2006 tax software You recognize a gain of $2,000 ($31,000 − $29,000), the unspent part of the payment from the state. Free 2006 tax software Your gain not recognized is $3,000, the difference between the $5,000 realized gain and the $2,000 recognized gain. Free 2006 tax software The basis of the new property is figured as follows: Cost of replacement property $29,000 Minus: Gain not recognized 3,000 Basis of the replacement property $26,000 Allocating the basis. Free 2006 tax software   If you buy more than one piece of replacement property, allocate your basis among the properties based on their respective costs. Free 2006 tax software Example. Free 2006 tax software The state in the previous example condemned your unimproved real property and the replacement property you bought was improved real property with both land and buildings. Free 2006 tax software Allocate the replacement property's $26,000 basis between land and buildings based on their respective costs. Free 2006 tax software More information. Free 2006 tax software   For more information about condemnations, see Involuntary Conversions in Publication 544. Free 2006 tax software For more information about casualty and theft losses, see Publication 547. Free 2006 tax software Nontaxable Exchanges A nontaxable exchange is an exchange in which you are not taxed on any gain and you cannot deduct any loss. Free 2006 tax software If you receive property in a nontaxable exchange, its basis is usually the same as the basis of the property you transferred. Free 2006 tax software A nontaxable gain or loss is also known as an unrecognized gain or loss. Free 2006 tax software Like-Kind Exchanges The exchange of property for the same kind of property is the most common type of nontaxable exchange. Free 2006 tax software To qualify as a like-kind exchange, you must hold for business or investment purposes both the property you transfer and the property you receive. Free 2006 tax software There must also be an exchange of like-kind property. Free 2006 tax software For more information, see Like-Kind Exchanges in Publication 544. Free 2006 tax software The basis of the property you receive is the same as the basis of the property you gave up. Free 2006 tax software Example. Free 2006 tax software You exchange real estate (adjusted basis $50,000, FMV $80,000) held for investment for other real estate (FMV $80,000) held for investment. Free 2006 tax software Your basis in the new property is the same as the basis of the old ($50,000). Free 2006 tax software Exchange expenses. Free 2006 tax software   Exchange expenses are generally the closing costs you pay. Free 2006 tax software They include such items as brokerage commissions, attorney fees, deed preparation fees, etc. Free 2006 tax software Add them to the basis of the like-kind property received. Free 2006 tax software Property plus cash. Free 2006 tax software   If you trade property in a like-kind exchange and also pay money, the basis of the property received is the basis of the property you gave up increased by the money you paid. Free 2006 tax software Example. Free 2006 tax software You trade in a truck (adjusted basis $3,000) for another truck (FMV $7,500) and pay $4,000. Free 2006 tax software Your basis in the new truck is $7,000 (the $3,000 basis of the old truck plus the $4,000 paid). Free 2006 tax software Special rules for related persons. Free 2006 tax software   If a like-kind exchange takes place directly or indirectly between related persons and either party disposes of the property within 2 years after the exchange, the exchange no longer qualifies for like-kind exchange treatment. Free 2006 tax software Each person must report any gain or loss not recognized on the original exchange. Free 2006 tax software Each person reports it on the tax return filed for the year in which the later disposition occurs. Free 2006 tax software If this rule applies, the basis of the property received in the original exchange will be its fair market value. Free 2006 tax software   These rules generally do not apply to the following kinds of property dispositions. Free 2006 tax software Dispositions due to the death of either related person, Involuntary conversions, and Dispositions in which neither the original exchange nor the subsequent disposition had as a main purpose the avoidance of federal income tax. Free 2006 tax software Related persons. Free 2006 tax software   Generally, related persons are ancestors, lineal descendants, brothers and sisters (whole or half), and a spouse. Free 2006 tax software   For other related persons (for example, two corporations, an individual and a corporation, a grantor and fiduciary, etc. Free 2006 tax software ), see Nondeductible Loss in chapter 2 of Publication 544. Free 2006 tax software Exchange of business property. Free 2006 tax software   Exchanging the assets of one business for the assets of another business is a multiple property exchange. Free 2006 tax software For information on figuring basis, see Multiple Property Exchanges in chapter 1 of Publication 544. Free 2006 tax software Partially Nontaxable Exchange A partially nontaxable exchange is an exchange in which you receive unlike property or money in addition to like property. Free 2006 tax software The basis of the property you receive is the same as the basis of the property you gave up, with the following adjustments. Free 2006 tax software Decrease the basis by the following amounts. Free 2006 tax software Any money you receive, and Any loss you recognize on the exchange. Free 2006 tax software Increase the basis by the following amounts. Free 2006 tax software Any additional costs you incur, and Any gain you recognize on the exchange. Free 2006 tax software If the other party to the exchange assumes your liabilities, treat the debt assumption as money you received in the exchange. Free 2006 tax software Example. Free 2006 tax software You traded a truck (adjusted basis $6,000) for a new truck (FMV $5,200) and $1,000 cash. Free 2006 tax software You realized a gain of $200 ($6,200 − $6,000). Free 2006 tax software This is the FMV of the truck received plus the cash minus the adjusted basis of the truck you traded ($5,200 + $1,000 – $6,000). Free 2006 tax software You include all the gain in income (recognized gain) because the gain is less than the cash received. Free 2006 tax software Your basis in the new truck is: Adjusted basis of old truck $6,000 Minus: Cash received (adjustment 1(a)) 1,000   $5,000 Plus: Gain recognized (adjustment 2(b)) 200 Basis of new truck $5,200 Allocation of basis. Free 2006 tax software   Allocate the basis first to the unlike property, other than money, up to its FMV on the date of the exchange. Free 2006 tax software The rest is the basis of the like property. Free 2006 tax software Example. Free 2006 tax software You had an adjusted basis of $15,000 in real estate you held for investment. Free 2006 tax software You exchanged it for other real estate to be held for investment with an FMV of $12,500, a truck with an FMV of $3,000, and $1,000 cash. Free 2006 tax software The truck is unlike property. Free 2006 tax software You realized a gain of $1,500 ($16,500 − $15,000). Free 2006 tax software This is the FMV of the real estate received plus the FMV of the truck received plus the cash minus the adjusted basis of the real estate you traded ($12,500 + $3,000 + $1,000 – $15,000). Free 2006 tax software You include in income (recognize) all $1,500 of the gain because it is less than the FMV of the unlike property plus the cash received. Free 2006 tax software Your basis in the properties you received is figured as follows. Free 2006 tax software Adjusted basis of real estate transferred $15,000 Minus: Cash received (adjustment 1(a)) 1,000   $14,000 Plus: Gain recognized (adjustment 2(b)) 1,500 Total basis of properties received $15,500 Allocate the total basis of $15,500 first to the unlike property — the truck ($3,000). Free 2006 tax software This is the truck's FMV. Free 2006 tax software The rest ($12,500) is the basis of the real estate. Free 2006 tax software Sale and Purchase If you sell property and buy similar property in two mutually dependent transactions, you may have to treat the sale and purchase as a single nontaxable exchange. Free 2006 tax software Example. Free 2006 tax software You are a salesperson and you use one of your cars 100% for business. Free 2006 tax software You have used this car in your sales activities for 2 years and have depreciated it. Free 2006 tax software Your adjusted basis in the car is $22,600 and its FMV is $23,100. Free 2006 tax software You are interested in a new car, which sells for $28,000. Free 2006 tax software If you trade your old car and pay $4,900 for the new one, your basis for depreciation for the new car would be $27,500 ($4,900 plus the $22,600 basis of your old car). Free 2006 tax software However, you want a higher basis for depreciating the new car, so you agree to pay the dealer $28,000 for the new car if he will pay you $23,100 for your old car. Free 2006 tax software Because the two transactions are dependent on each other, you are treated as having exchanged your old car for the new one and paid $4,900 ($28,000 − $23,100). Free 2006 tax software Your basis for depreciating the new car is $27,500, the same as if you traded the old car. Free 2006 tax software Partial Business Use of Property If you have property used partly for business and partly for personal use, and you exchange it in a nontaxable exchange for property to be used wholly or partly in your business, the basis of the property you receive is figured as if you had exchanged two properties. Free 2006 tax software The first is an exchange of like-kind property. Free 2006 tax software The second is personal-use property on which gain is recognized and loss is not recognized. Free 2006 tax software First, figure your adjusted basis in the property as if you transferred two separate properties. Free 2006 tax software Figure the adjusted basis of each part of the property by taking into account any adjustments to basis. Free 2006 tax software Deduct the depreciation you took or could have taken from the adjusted basis of the business part. Free 2006 tax software Then figure the amount realized for your property and allocate it to the business and nonbusiness parts of the property. Free 2006 tax software The business part of the property is permitted to be exchanged tax free. Free 2006 tax software However, you must recognize any gain from the exchange of the nonbusiness part. Free 2006 tax software You are deemed to have received, in exchange for the nonbusiness part, an amount equal to its FMV on the date of the exchange. Free 2006 tax software The basis of the property you acquired is the total basis of the property transferred (adjusted to the date of the exchange), increased by any gain recognized on the nonbusiness part. Free 2006 tax software If the nonbusiness part of the property transferred is your main home, you may qualify to exclude from income all or part of the gain on that part. Free 2006 tax software For more information, see Publication 523. Free 2006 tax software Trade of car used partly in business. Free 2006 tax software   If you trade in a car you used partly in your business for another car you will use in your business, your basis for depreciation of the new car is not the same as your basis for figuring a gain or loss on its sale. Free 2006 tax software   For information on figuring your basis for depreciation, see Publication 463. Free 2006 tax software Property Transferred From a Spouse The basis of property transferred to you or transferred in trust for your benefit by your spouse (or former spouse if the transfer is incident to divorce), is the same as your spouse's adjusted basis. Free 2006 tax software However, adjust your basis for any gain recognized by your spouse or former spouse on property transferred in trust. Free 2006 tax software This rule applies only to a transfer of property in trust in which the liabilities assumed, plus the liabilities to which the property is subject, are more than the adjusted basis of the property transferred. Free 2006 tax software If the property transferred to you is a series E, series EE, or series I United States savings bond, the transferor must include in income the interest accrued to the date of transfer. Free 2006 tax software Your basis in the bond immediately after the transfer is equal to the transferor's basis increased by the interest income includible in the transferor's income. Free 2006 tax software For more information on these bonds, see Publication 550. Free 2006 tax software At the time of the transfer, the transferor must give you the records necessary to determine the adjusted basis and holding period of the property as of the date of transfer. Free 2006 tax software For more information, see Publication 504, Divorced or Separated Individuals. Free 2006 tax software Property Received as a Gift To figure the basis of property you receive as a gift, you must know its adjusted basis (defined earlier) to the donor just before it was given to you, its FMV at the time it was given to you, and any gift tax paid on it. Free 2006 tax software FMV Less Than Donor's Adjusted Basis If the FMV of the property at the time of the gift is less than the donor's adjusted basis, your basis depends on whether you have a gain or a loss when you dispose of the property. Free 2006 tax software Your basis for figuring gain is the same as the donor's adjusted basis plus or minus any required adjustment to basis while you held the property. Free 2006 tax software Your basis for figuring loss is its FMV when you received the gift plus or minus any required adjustment to basis while you held the property (see Adjusted Basis earlier). Free 2006 tax software If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the FMV for figuring a loss and have a gain, you have neither gain nor loss on the sale or disposition of the property. Free 2006 tax software Example. Free 2006 tax software You received an acre of land as a gift. Free 2006 tax software At the time of the gift, the land had an FMV of $8,000. Free 2006 tax software The donor's adjusted basis was $10,000. Free 2006 tax software After you received the land, no events occurred to increase or decrease your basis. Free 2006 tax software If you sell the land for $12,000, you will have a $2,000 gain because you must use the donor's adjusted basis ($10,000) at the time of the gift as your basis to figure gain. Free 2006 tax software If you sell the land for $7,000, you will have a $1,000 loss because you must use the FMV ($8,000) at the time of the gift as your basis to figure a loss. Free 2006 tax software If the sales price is between $8,000 and $10,000, you have neither gain nor loss. Free 2006 tax software For instance, if the sales price was $9,000 and you tried to figure a gain using the donor's adjusted basis ($10,000), you would get a $1,000 loss. Free 2006 tax software If you then tried to figure a loss using the FMV ($8,000), you would get a $1,000 gain. Free 2006 tax software Business property. Free 2006 tax software   If you hold the gift as business property, your basis for figuring any depreciation, depletion, or amortization deduction is the same as the donor's adjusted basis plus or minus any required adjustments to basis while you hold the property. Free 2006 tax software FMV Equal to or More Than Donor's Adjusted Basis If the FMV of the property is equal to or greater than the donor's adjusted basis, your basis is the donor's adjusted basis at the time you received the gift. Free 2006 tax software Increase your basis by all or part of any gift tax paid, depending on the date of the gift. Free 2006 tax software Also, for figuring gain or loss from a sale or other disposition of the property, or for figuring depreciation, depletion, or amortization deductions on business property, you must increase or decrease your basis by any required adjustments to basis while you held the property. Free 2006 tax software See Adjusted Basis earlier. Free 2006 tax software Gift received before 1977. Free 2006 tax software   If you received a gift before 1977, increase your basis in the gift (the donor's adjusted basis) by any gift tax paid on it. Free 2006 tax software However, do not increase your basis above the FMV of the gift at the time it was given to you. Free 2006 tax software Example 1. Free 2006 tax software You were given a house in 1976 with an FMV of $21,000. Free 2006 tax software The donor's adjusted basis was $20,000. Free 2006 tax software The donor paid a gift tax of $500. Free 2006 tax software Your basis is $20,500, the donor's adjusted basis plus the gift tax paid. Free 2006 tax software Example 2. Free 2006 tax software If, in Example 1, the gift tax paid had been $1,500, your basis would be $21,000. Free 2006 tax software This is the donor's adjusted basis plus the gift tax paid, limited to the FMV of the house at the time you received the gift. Free 2006 tax software Gift received after 1976. Free 2006 tax software   If you received a gift after 1976, increase your basis in the gift (the donor's adjusted basis) by the part of the gift tax paid on it that is due to the net increase in value of the gift. Free 2006 tax software Figure the increase by multiplying the gift tax paid by a fraction. Free 2006 tax software The numerator of the fraction is the net increase in value of the gift and the denominator is the amount of the gift. Free 2006 tax software   The net increase in value of the gift is the FMV of the gift less the donor's adjusted basis. Free 2006 tax software The amount of the gift is its value for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. Free 2006 tax software For information on the gift tax, see Publication 950, Introduction to Estate and Gift Taxes. Free 2006 tax software Example. Free 2006 tax software In 2010, you received a gift of property from your mother that had an FMV of $50,000. Free 2006 tax software Her adjusted basis was $20,000. Free 2006 tax software The amount of the gift for gift tax purposes was $37,000 ($50,000 minus the $13,000 annual exclusion). Free 2006 tax software She paid a gift tax of $9,000. Free 2006 tax software Your basis, $27,290, is figured as follows: Fair market value $50,000 Minus: Adjusted basis 20,000 Net increase in value $30,000 Gift tax paid $9,000 Multiplied by ($30,000 ÷ $37,000) . Free 2006 tax software 81 Gift tax due to net increase in value $7,290 Adjusted basis of property to your mother 20,000 Your basis in the property $27,290 Inherited Property Special rules apply to property acquired from a decedent who died in 2010. Free 2006 tax software See Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, for details. Free 2006 tax software If you inherited property from a decedent who died before 2010, your basis in property you inherit from a decedent is generally one of the following. Free 2006 tax software The FMV of the property at the date of the individual's death. Free 2006 tax software The FMV on the alternate valuation date if the personal representative for the estate chooses to use alternate valuation. Free 2006 tax software For information on the alternate valuation date, see the Instructions for Form 706. Free 2006 tax software The value under the special-use valuation method for real property used in farming or a closely held business if chosen for estate tax purposes. Free 2006 tax software This method is discussed later. Free 2006 tax software The decedent's adjusted basis in land to the extent of the value excluded from the decedent's taxable estate as a qualified conservation easement. Free 2006 tax software For information on a qualified conservation easement, see the Instructions for Form 706. Free 2006 tax software If a federal estate tax return does not have to be filed, your basis in the inherited property is its appraised value at the date of death for state inheritance or transmission taxes. Free 2006 tax software For more information, see the Instructions for Form 706. Free 2006 tax software Appreciated property. Free 2006 tax software   The above rule does not apply to appreciated property you receive from a decedent if you or your spouse originally gave the property to the decedent within 1 year before the decedent's death. Free 2006 tax software Your basis in this property is the same as the decedent's adjusted basis in the property immediately before his or her death, rather than its FMV. Free 2006 tax software Appreciated property is any property whose FMV on the day it was given to the decedent is more than its adjusted basis. Free 2006 tax software Community Property In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), husband and wife are each usually considered to own half the community property. Free 2006 tax software When either spouse dies, the total value of the community property, even the part belonging to the surviving spouse, generally becomes the basis of the entire property. Free 2006 tax software For this rule to apply, at least half the value of the community property interest must be includable in the decedent's gross estate, whether or not the estate must file a return. Free 2006 tax software For example, you and your spouse owned community property that had a basis of $80,000. Free 2006 tax software When your spouse died, half the FMV of the community interest was includible in your spouse's estate. Free 2006 tax software The FMV of the community interest was $100,000. Free 2006 tax software The basis of your half of the property after the death of your spouse is $50,000 (half of the $100,000 FMV). Free 2006 tax software The basis of the other half to your spouse's heirs is also $50,000. Free 2006 tax software For more information on community property, see Publication 555, Community Property. Free 2006 tax software Property Held by Surviving Tenant The following example explains the rule for the basis of property held by a surviving tenant in joint tenancy or tenancy by the entirety. Free 2006 tax software Example. Free 2006 tax software John and Jim owned, as joint tenants with right of survivorship, business property they purchased for $30,000. Free 2006 tax software John furnished two-thirds of the purchase price and Jim furnished one-third. Free 2006 tax software Depreciation deductions allowed before John's death were $12,000. Free 2006 tax software Under local law, each had a half interest in the income from the property. Free 2006 tax software At the date of John's death, the property had an FMV of $60,000, two-thirds of which is includable in John's estate. Free 2006 tax software Jim figures his basis in the property at the date of John's death as follows: Interest Jim bought with his own funds—1/3 of $30,000 cost $10,000   Interest Jim received on John's death—2/3 of $60,000 FMV 40,000 $50,000 Minus: ½ of $12,000 depreciation before John's death 6,000 Jim's basis at the date of John's death $44,000 If Jim had not contributed any part of the purchase price, his basis at the date of John's death would be $54,000. Free 2006 tax software This is figured by subtracting from the $60,000 FMV, the $6,000 depreciation allocated to Jim's half interest before the date of death. Free 2006 tax software If under local law Jim had no interest in the income from the property and he contributed no part of the purchase price, his basis at John's death would be $60,000, the FMV of the property. Free 2006 tax software Qualified Joint Interest Include one-half of the value of a qualified joint interest in the decedent's gross estate. Free 2006 tax software It does not matter how much each spouse contributed to the purchase price. Free 2006 tax software Also, it does not matter which spouse dies first. Free 2006 tax software A qualified joint interest is any interest in property held by husband and wife as either of the following. Free 2006 tax software Tenants by the entirety, or Joint tenants with right of survivorship if husband and wife are the only joint tenants. Free 2006 tax software Basis. Free 2006 tax software   As the surviving spouse, your basis in property you owned with your spouse as a qualified joint interest is the cost of your half of the property with certain adjustments. Free 2006 tax software Decrease the cost by any deductions allowed to you for depreciation and depletion. Free 2006 tax software Increase the reduced cost by your basis in the half you inherited. Free 2006 tax software Farm or Closely Held Business Under certain conditions, when a person dies the executor or personal representative of that person's estate can choose to value the qualified real property on other than its FMV. Free 2006 tax software If so, the executor or personal representative values the qualified real property based on its use as a farm or its use in a closely held business. Free 2006 tax software If the executor or personal representative chooses this method of valuation for estate tax purposes, that value is the basis of the property for the heirs. Free 2006 tax software Qualified heirs should be able to get the necessary value from the executor or personal representative of the estate. Free 2006 tax software Special-use valuation. Free 2006 tax software   If you are a qualified heir who received special-use valuation property, your basis in the property is the estate's or trust's basis in that property immediately before the distribution. Free 2006 tax software Increase your basis by any gain recognized by the estate or trust because of post-death appreciation. Free 2006 tax software Post-death appreciation is the property's FMV on the date of distribution minus the property's FMV either on the date of the individual's death or the alternate valuation date. Free 2006 tax software Figure all FMVs without regard to the special-use valuation. Free 2006 tax software   You can elect to increase your basis in special-use valuation property if it becomes subject to the additional estate tax. Free 2006 tax software This tax is assessed if, within 10 years after the death of the decedent, you transfer the property to a person who is not a member of your family or the property stops being used as a farm or in a closely held business. Free 2006 tax software   To increase your basis in the property, you must make an irrevocable election and pay interest on the additional estate tax figured from the date 9 months after the decedent's death until the date of the payment of the additional estate tax. Free 2006 tax software If you meet these requirements, increase your basis in the property to its FMV on the date of the decedent's death or the alternate valuation date. Free 2006 tax software The increase in your basis is considered to have occurred immediately before the event that results in the additional estate tax. Free 2006 tax software   You make the election by filing with Form 706-A a statement that does all of the following. Free 2006 tax software Contains your name, address, and taxpayer identification number and those of the estate; Identifies the election as an election under section 1016(c) of the Internal Revenue Code; Specifies the property for which the election is made; and Provides any additional information required by the Instructions for Form 706-A. Free 2006 tax software   For more information, see the Instructions for Form 706 and the Instructions for Form 706-A. Free 2006 tax software Property Changed to Business or Rental Use If you hold property for personal use and then change it to business use or use it to produce rent, you must figure its basis for depreciation. Free 2006 tax software An example of changing property held for personal use to business use would be renting out your former main home. Free 2006 tax software Basis for depreciation. Free 2006 tax software   The basis for depreciation is the lesser of the following amounts. Free 2006 tax software The FMV of the property on the date of the change, or Your adjusted basis on the date of the change. Free 2006 tax software Example. Free 2006 tax software Several years ago you paid $160,000 to have your home built on a lot that cost $25,000. Free 2006 tax software You paid $20,000 for permanent improvements to the house and claimed a $2,000 casualty loss deduction for damage to the house before changing the property to rental use last year. Free 2006 tax software Because land is not depreciable, you include only the cost of the house when figuring the basis for depreciation. Free 2006 tax software Your adjusted basis in the house when you changed its use was $178,000 ($160,000 + $20,000 − $2,000). Free 2006 tax software On the same date, your property had an FMV of $180,000, of which $15,000 was for the land and $165,000 was for the house. Free 2006 tax software The basis for figuring depreciation on the house is its FMV on the date of change ($165,000) because it is less than your adjusted basis ($178,000). Free 2006 tax software Sale of property. Free 2006 tax software   If you later sell or dispose of property changed to business or rental use, the basis of the property you use will depend on whether you are figuring gain or loss. Free 2006 tax software Gain. Free 2006 tax software   The basis for figuring a gain is your adjusted basis when you sell the property. Free 2006 tax software Example. Free 2006 tax software Assume the same facts as in the previous example except that you sell the property at a gain after being allowed depreciation deductions of $37,500. Free 2006 tax software Your adjusted basis for figuring gain is $165,500 ($178,000 + $25,000 (land) − $37,500). Free 2006 tax software Loss. Free 2006 tax software   Figure the basis for a loss starting with the smaller of your adjusted basis or the FMV of the property at the time of the change to business or rental use. Free 2006 tax software Then adjust this amount for the period after the change in the property's use, as discussed earlier under Adjusted Basis, to arrive at a basis for loss. Free 2006 tax software Example. Free 2006 tax software Assume the same facts as in the previous example, except that you sell the property at a loss after being allowed depreciation deductions of $37,500. Free 2006 tax software In this case, you would start with the FMV on the date of the change to rental use ($180,000) because it is less than the adjusted basis of $203,000 ($178,000 + $25,000) on that date. Free 2006 tax software Reduce that amount ($180,000) by the depreciation deductions to arrive at a basis for loss of $142,500 ($180,000 − $37,500). Free 2006 tax software How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get more information from the IRS in several ways. Free 2006 tax software By selecting the method that is best for you, you will have quick and easy access to tax help. Free 2006 tax software Contacting your Taxpayer Advocate. Free 2006 tax software   The Taxpayer Advocate Service (TAS) is an independent organization within the IRS. Free 2006 tax software We help taxpayers who are experiencing economic harm, such as not being able to provide necessities like housing, transportation, or food; taxpayers who are seeking help in resolving tax problems with the IRS; and those who believe that an IRS system or procedure is not working as it should. Free 2006 tax software Here are seven things every taxpayer should know about TAS. Free 2006 tax software TAS is your voice at the IRS. Free 2006 tax software Our service is free, confidential, and tailored to meet your needs. Free 2006 tax software You may be eligible for our help if you have tried to resolve your tax problem through normal IRS channels and have gotten nowhere, or you believe an IRS procedure just isn't working as it should. Free 2006 tax software We help taxpayers whose problems are causing financial difficulty or significant cost, including the cost of professional representation. Free 2006 tax software This includes businesses as well as individuals. Free 2006 tax software Our employees know the IRS and how to navigate it. Free 2006 tax software If you qualify for our help, we'll assign your case to an advocate who will listen to your problem, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved. Free 2006 tax software We have at least one local taxpayer advocate in every state, the District of Columbia, and Puerto Rico. Free 2006 tax software You can call your local advocate, whose number is in your phone book, in Publication 1546, Taxpayer Advocate Service—Your Voice at the IRS, and on our website at www. Free 2006 tax software irs. Free 2006 tax software gov/advocate. Free 2006 tax software You can also call our toll-free line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Free 2006 tax software You can learn about your rights and responsibilities as a taxpayer by visiting our online tax toolkit at www. Free 2006 tax software taxtoolkit. Free 2006 tax software irs. Free 2006 tax software gov. Free 2006 tax software You can get updates on hot tax topics by visiting our YouTube channel at www. Free 2006 tax software youtube. Free 2006 tax software com/tasnta and our Facebook page at www. Free 2006 tax software facebook. Free 2006 tax software com/YourVoiceAtIRS, or by following our tweets at www. Free 2006 tax software twitter. Free 2006 tax software com/YourVoiceAtIRS. Free 2006 tax software Low Income Taxpayer Clinics (LITCs). Free 2006 tax software   The Low Income Taxpayer Clinic program serves individuals who have a problem with the IRS and whose income is below a certain level. Free 2006 tax software LITCs are independent from the IRS. Free 2006 tax software Most LITCs can provide representation before the IRS or in court on audits, tax collection disputes, and other issues for free or a small fee. Free 2006 tax software If an individual's native language is not English, some clinics can provide multilingual information about taxpayer rights and responsibilities. Free 2006 tax software For more information, see Publication 4134, Low Income Taxpayer Clinic List. Free 2006 tax software This publication is available at IRS. Free 2006 tax software gov, by calling 1-800-TAX-FORM (1-800-829-3676), or at your local IRS office. Free 2006 tax software Free tax services. Free 2006 tax software   Publication 910, IRS Guide to Free Tax Services, is your guide to IRS services and resources. Free 2006 tax software Learn about free tax information from the IRS, including publications, services, and education and assistance programs. Free 2006 tax software The publication also has an index of over 100 TeleTax topics (recorded tax information) you can listen to on the telephone. Free 2006 tax software The majority of the information and services listed in this publication are available to you free of charge. Free 2006 tax software If there is a fee associated with a resource or service, it is listed in the publication. Free 2006 tax software   Accessible versions of IRS published products are available on request in a variety of alternative formats for people with d
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The Free 2006 Tax Software

Free 2006 tax software Part One -   Fuel Taxes and Fuel Tax Credits and Refunds Chapter 1 defines the types of fuel, taxable events, and exemptions or exceptions to the fuel taxes. Free 2006 tax software Chapter 2 provides information on, and definitions of, the nontaxable uses and explains how to make a claim. Free 2006 tax software Table of Contents 1. Free 2006 tax software   Fuel TaxesDefinitions Information Returns Registration RequirementsAdditional information. Free 2006 tax software Gasoline and Aviation GasolineTaxable Events Gasoline Blendstocks Diesel Fuel and KeroseneTaxable Events Dyed Diesel Fuel and Dyed Kerosene Alaska and Feedstocks Back-up Tax Diesel-Water Fuel Emulsion Kerosene for Use in AviationTaxable Events Liability For Tax Surtax on any liquid used in a fractional ownership program aircraft as fuel Certificate for Commercial Aviation and Exempt UsesExempt use. Free 2006 tax software Reseller statement. Free 2006 tax software Other Fuels (Including Alternative Fuels)Taxable Events Compressed Natural Gas (CNG)Taxable Events Fuels Used on Inland WaterwaysFishing vessels. Free 2006 tax software Deep-draft ocean-going vessels. Free 2006 tax software Passenger vessels. Free 2006 tax software Ocean-going barges. Free 2006 tax software State or local governments. Free 2006 tax software Cellulosic or Second Generation Biofuel Not Used as Fuel Biodiesel Sold as But Not Used as Fuel 2. Free 2006 tax software   Fuel Tax Credits and RefundsGasoline and Aviation Gasoline Undyed Diesel Fuel and Undyed Kerosene (Other Than Kerosene Used in Aviation)Sales by Registered Ultimate Vendors Diesel-Water Fuel Emulsion Kerosene for Use in AviationSales by Registered Ultimate Vendors Other Fuels (Including Alternative Fuels) Refunds of Second TaxOptional reporting. Free 2006 tax software Providing information. Free 2006 tax software Definitions of Nontaxable UsesCustom application of fertilizer and pesticide. Free 2006 tax software Fuel used between airfield and farm. Free 2006 tax software Fuel not used for farming. Free 2006 tax software Vehicles not considered highway vehicles. Free 2006 tax software Biodiesel or Renewable Diesel Mixture Credit, Alternative Fuel Credit, and Alternative Fuel Mixture CreditHow to Claim the Credit Filing Claims Claiming A Refund Claiming a Credit on Form 4136 Including the Credit or Refund in Income Prev  Up  Next   Home   More Online Publications