Dealings in Property
Classification of Assets
A. Ordinary Assets
a. Stock in trade of the taxpayer or other property of a kind which would properly be
included in the inventory of the taxpayer
b. Property held by the taxpayer primarily for sale to customers in the ordinary course of
his trade or business
c. Property used in the trade or business, of a character which is subject to allowance for
depreciation
d. Real property used in trade or business of the taxpayer
Note: the sale of the above assets will result either to gain or loss. The gain is subject to basic tax while
the loss is fully deductible in arriving at the taxable income.
B. Capital Assets
a. Net capital gain – excess of the gains from sales or exchanges of capital assets over the
losses from such sales or exchanges
b. Net capital loss – excess of the losses from sales or exchanges of capital assets over the
gains from such sales or exchanges
Percentage taken into account:
In the case of a taxpayer, other than a corporation, only the following percentages of the gain or loss
recognized upon the sale or exchange of a capital asset shall be taken into account in computing net
capital gain, net capital loss, and net income:
a. 100% if the capital asset has been held for not more than 12 months
b. 50% if the capital asset has been held for more than 12 months
Limitation on capital losses
GR: Losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from
such sales or exchanges.
EXC: The limitation on capital losses will not apply, provided:
a. The seller is a domestic bank or trust company
b. A substantial part of whose business is the receipt of deposit
c. The asset sold is:
a. Bond
b. Debenture
c. Note
d. Certificate
e. Other evidence of indebtedness
Net Capital Loss Carry-Over
If any taxpayer, other than a corporation, sustains in any taxable year a net capital loss, such loss (in an
amount not in excess of the net taxable income for such year) shall be treated in the succeeding taxable
year as a loss from the sale or exchange of a capital asset held for not more than 12 months.
Gains & Losses from Short Sales
The following shall be considered capital gains or losses:
a. Gains or losses from short sales
b. Gains or losses attributable to the failure to exercise privileges or options to buy or sell property
Reference:
Tabag, E. (2021). CPA Reviewer in Taxation. 2021 Edition. EDT Book Publishing: Quezon City, Philippines.