Liberty Tax Service Online Basic Income Tax Course. Lesson 11 1 Chapter 10 Homework 1 HOMEWORK 1: Prepare the requested forms or worksheets for each of the following situations. 1. Social Security Benefits Worksheet. Lex C. and Lana B. Turner are married and file a joint return. Lex is retired and in 2008 received a fully taxable pension of $14,500. Lana works for a dentist and her 2008 wages were $22,375. They also received $2,000 in taxable interest from various certificates of deposit and $1,400 in tax-exempt interest from municipal bonds. Lex received Form SSA-1099 for 2008, which is shown below. 2 Chapter 10 Homework 1 3 4 Chapter 10 Homework 1 2. Form 8812. Peter S. and Tammy R. Piper are married and file a joint return. In 2008, their three children were all under age 17. Line 1 of their Child Tax Credit Worksheet is $3,000. The amount on line 52 of Form 1040 is $174 and they have no other credits except the earned income credit. Based on their AGI, they will receive an earned income credit of $2,426. Their only income is Peter’s W-2 which is shown below. 5 Chapter 10 Homework 1 6 7 Chapter 10 Homework 2 HOMEWORK 2: Prepare a 2008 tax return using the information and forms provided. Lincoln J. (born 12/8/1963) and Theresa L. Bana (born 4/4/1965) live with their three children at 47 Clay Street, Seattle, WA 98174. Lincoln is a computer engineer and Theresa is a physician’s assistant. In 2008, their younger son Raul (SSN 364-86-4162, born 08/16/1992) was in high school. Their daughter Maria (SSN 399-23-0997, born 5/12/1990) started her freshman year in college in August 2008. Antonio, their older son (SSN 264-90-2662, born 10/15/1986), began his senior year in college in September 2008. Antonio works on weekends and during the summer and uses all the money he earns to pay his own school expenses. Both Maria and Antonio are full-time students who purchased their books from and/or paid fees to their school as a condition of enrollment. 8 Chapter 10 Homework 2 Maria’s school expenses were: Tuition Fall Semester of 2008 Course related books Student activity fees Transportation $1,400 350 200 150 Antonio’s school expenses were: Tuition Fall Semester of 2008 $2,300 Tuition Spring Semester of 2009 (paid in December 2008) 2,700 Course related books 280 9 Chapter 10 Homework 2 For the purpose of this problem, use Form 8863 only. The tuition and fees deduction, line 34 of Form 1040 will be discussed in Chapter 16. In addition to the W-2 forms and 1099-DIV shown below, Lincoln and Theresa received $300 interest from a certificate of deposit at First National Bank. 10 Chapter 10 Homework 2 11 Chapter 10 Homework 2 12 Chapter 10 Homework 2 13 Chapter 10 Homework 2 14 Chapter 10 Homework 2 15 Chapter 10 Homework 2 16 Chapter 10 Homework 2 17 Chapter 10 Homework 2 18 Chapter 10 Homework 2 19 20 Chapter 11: Basis of Property and Capital Gains (Including Sale of Home) Chapter Contents Basis of Property Cost Basis Adjusted Basis Other Basis Sale of Property Long-term and Short-term Capital Gains Capital Losses Capital Gains Tax Rates Sale of Stocks Sale of Home Key Ideas Objectives Learn About Basis of Property and How to Figure It Learn About How to Handle Short-term and Long-term Capital Gains Learn How to Complete Schedule D Learn How to Report the Sale of Stocks Learn How to Report the Sale of Your Home 21 Basis of Property and Capital Gains (Including Sale of Home) Basis Basis is the amount of your investment in property for tax purposes. Used to figure deductions for: depreciation, amortization, depletion, charitable gifts, casualty losses, gain or loss on sale or other disposition of property. Basis of property you buy is usually its cost. 22 Basis of Property and Capital Gains (Including Sale of Home) Original basis can be adjusted; improvements increase basis, depreciation or casualty loss decrease basis Generally, the higher your basis is for an asset, the less gain is reported on its sale; the higher your basis is in the depreciable asset, the higher is your depreciation deduction. 23 COST BASIS Cost includes: Sales tax (except if claimed on Schedule A) Freight charges Installation and testing charges Excise taxes Legal and accounting fees Revenue stamps Recording fees Real estate taxes 24 COST BASIS Stocks and Bonds Basis of stocks and bonds is purchase price plus any costs of purchase or sale such as commissions and recording and transfer fees. May use average basis for mutual fund shares if acquired at different times and prices and shares left on deposit in account kept by agent. 25 COST BASIS Real Property Certain fees and other expenses are part of basis for real property (real estate); included are: taxes you agree to pay that were owed by seller, certain settlement fees and closing costs, and expenses you pay for construction of nonbusiness property. Allocate cost basis between land and improvements to figure basis for depreciation of improvements (land is NOT depreciable property) 26 ADJUSTED BASIS Before figuring gain or loss, etc., you must make certain increases or decreases to the basis with the result being the adjusted basis. Add the cost of improvements to your basis in the property if they increase the value of the property, lengthen its life, or adapt it to a different use. 27 ADJUSTED BASIS Table 11-1. Examples of Improvements 28 ADJUSTED BASIS 29 ADJUSTED BASIS In January 2004, David paid $80,000 for real property to be used as a factory. He also paid commissions of $2,000 and title research and legal fees of $600. He allocated the total cost of $82,600 between the land and the building- $10,325 for the land and $72,275 for the building. Immediately, he spent $20,000 in remodeling the building before he placed it in service. He was allowed depreciation of $11,735 for the years 2004 through 2008. In 2005 Dave had a casualty loss of $5,000 on the building from a fire that was not covered by insurance. This loss was claimed as a deduction. He spent $5,500 to repair the fire damages. The adjusted basis of the building on January 1, 2009, is figured as follows: 30 ADJUSTED BASIS Original cost of building, including fees and commissions Adjustments to basis: Add: Improvements Repair of fire damage Subtract: Depreciation Casualty loss Adjusted basis on January 1, 2009 $72,275 $20,000 5,500 11,735 5,000 81,040 The basis of the land, $10,325, remains unchanged. It is not affected by any of the above adjustments, which affect only the basis of the building. 31 OTHER BASIS Cost cannot be used as basis 1. Main factor used in determining basis is how you acquired the property 2. Fair market value (FMV) is used as adjusted basis FMV: Price at which property would change hands between a buyer and a seller, Neither having to buy or sell, Both having reasonable knowledge of all necessary facts. 32 OTHER BASIS 3. For property received for your services, include FMV of property in income with the amount you include in income being your basis. 4. For property inherited from decedent, basis is generally one of the following: a. FMV at time of death b. FMV on alternate valuation date 33 OTHER BASIS Example: John’s father died on February 10, 2008 and left him 100 shares of XYZ stock for which his father paid $6,000 in 2000. The $6,000 is not the basis of John’s stock. On the date of his father’s death, XYZ was trading at $105 per share. Since the alternate valuation date was not chosen, the basis of the stock is $10,500 (100 shares x $105). 34 OTHER BASIS 5. For property you receive as a gift, if at time of gift the FMV is more than donor’s basis, use donor’s basis to figure gain or loss; if at time of gift the FMV is less than donor’s basis, use donor’s basis for gain and FMV for loss. 35 OTHER BASIS – Problem 1 Jim received an acre of land as a gift. At the time of the gift, the land had a FMV of $8,000. The donor’s adjusted basis was $10,000. After Jim received the property, no events occurred to increase or decrease his basis in it. If he sells the property for $12,000, how much of a gain will Jim realize? a. $2,000 b. $4,000 c. $0 36 OTHER BASIS – Problem 1 Jim received an acre of land as a gift. At the time of the gift, the land had a FMV of $8,000. The donor’s adjusted basis was $10,000. After Jim received the property, no events occurred to increase or decrease his basis in it. If he sells the property for $12,000, how much of a gain will Jim realize? a. $2,000 He must use the donor’s adjusted basis ($10,000) at the time of the gift as his basis to figure gain. If he sells the property for $7,000, he will have a $1,000 loss because he must use the FMV ($8,000) at the time of the gift to figure loss. If the sales price is between $8,000 and $10,000, he has neither gain nor loss. 37 OTHER BASIS 6. For property for personal use and then changed to business or rental, basis for depreciation is the lesser of: FMV of property on date of change or adjusted basis on date of change. 38 OTHER BASIS Example: Several years ago Craig paid $160,000 to have his home built on a lot that cost him $20,000. Before changing the property to rental use last year, he paid $20,000 for permanent improvements to the house and claimed a $2,000 casualty loss deduction for damage to the house. Because land is not depreciable, he can only include the cost of the house when figuring the basis for depreciation. His adjusted basis in the house when he changes its use is $178,000 ($160,000+ $20,000 - $2,000). On the date of change in use, his property has an FMV of $180,000 of which $15,000 is for the land and $165,000 is for the house. The basis of depreciation on the house is the FMV on the date of change ($165,000), because it is less than his adjusted basis ($178,000). 39 SALE OF PROPERTY A sale is transfer of property for money or a mortgage, note, or other promise to pay money. 1. A trade is transfer of property for other property or services and may be taxed in same way as a sale. 40 SALE OF PROPERTY Gain or Loss Gain or loss on sale or trade of property is figured by comparing amount realized with the adjusted basis of the property. 41 SALE OF PROPERTY Capital or Ordinary Gain or Loss A capital gain may be taxed at a lower tax rate than ordinary income. 1. You have a capital gain or loss if you sell or exchange a capital asset. 2. Examples of capital assets include: stocks and bonds; home owned and occupied by you and your family; household furnishings; car used for pleasure or commuting; gems and jewelry; coin or stamp. 42 SALE OF PROPERTY Reporting Gains and Losses If you sold stocks, bonds, commodities, etc., you should receive Form 1099-B or Form 1099-S for certain real estate transactions. Table 11-3 shows information you will need from Form 1099-B. You must report all taxable sales of stocks, bonds, commodities, etc. on Schedule D. 43 SALE OF PROPERTY 44 SALE OF PROPERTY Table 11-3. Information You Will Need From Form 1099-B IF Form 1099-B shows information in: THEN report it on: Box 1a, Date of Sale Schedule D, column (c), of either Part I, line 1, or Part II, line 8 Box 2, Sales Price reported to Internal Revenue Service (whether gross or net proceeds were reported) Schedule D, column (d), of either Part I, line 1, or Part II, line 8 Box 4, Federal income tax withheld Form 1040, line 62 Box 5. Number of shares exchanged Box 7, Description of the property sold Schedule D, column (a), of either Part I, line 1, or Part II, line 8 45 SALE OF PROPERTY 46 SALE OF PROPERTY Schedule D Report gains and losses on Schedule D. 1. Before completing Schedule D, you may have to complete other forms. Form 4797, Sales of Business Property - for a sale, exchange, or involuntary conversion of business property Form 8824, Like-Kind Exchanges - for a like-kind exchange Form 6252, Installment Sale Income - for an installment sale Form 4684, Casualties and Thefts - for an involuntary conversion due to casualty or theft Form 6781, Gains and Losses From Section 1256 Contracts and Straddles – for reporting sale or exchange of options and future contracts. 47 SALE OF PROPERTY 48 SALE OF PROPERTY 49 SALE OF PROPERTY 50 LONG AND SHORT-TERM CAPITAL GAINS Where you report capital gain or loss depends on how long you own the asset before selling or exchanging it. This is referred to as the holding period. 1. If capital asset is held 1 year or less, holding period is short-term and gain or loss is considered shortterm. 2. If capital asset is held more than 1 year, holding period is long-term and gain or loss is considered long-term. 3. Report short-term gain or loss on Part I of Schedule D; report long term gain or loss on Part II of Schedule D. 51 LONG AND SHORT-TERM CAPITAL GAINS- Problem 1 Larry bought an asset on June 18, 2007, and would start counting on June 19, 2007. What would the holding period be if Larry sells the asset on June 19, 2008? a. Short-term b. Long-term 52 LONG AND SHORT-TERM CAPITAL GAINS- Problem 1 Larry bought an asset on June 18, 2007, and would start counting on June 19, 2007. What would the holding period be if Larry sells the asset on June 19, 2008? a. Short-term b. Long-term If he sold the asset on June 18, 2008, his holding period is not more than one year, but if he sold it on June 19, 2008 his holding period is more than one year. 53 LONG AND SHORT-TERM CAPITAL GAINS 4. Inherited property and patent property is considered long-term gain or loss. 5. For an installment sale, if long-term in year of sale, stays long-term; if short-term in year of sale, stays short-term. 6. For a gift you received in which your basis is figured using the donor’s basis, your holding period includes donor’s holding period. 7. Nonbusiness bad debts are short-term capital losses. 8. Net short-term capital gain or loss is reported on line 7 of Schedule D; net long-term capital gain or loss is reported on line 15 on Schedule D. 54 LONG AND SHORT-TERM CAPITAL GAINS Qualified Dividends Qualified dividends are subject to maximum tax rates that apply to capital gains. 1. To qualify dividends must be paid by a U.S. corporation or a qualified foreign corporation and must meet holding period. A stock that pays dividends must be held more than 60 days during 121-day period that begins 60 days before the ex-dividend date. Ex-dividend date is first date following declaration of dividend on which the buyer of a stock will not receive the next dividend payment. Instead, seller gets dividend. When counting number of days held, include the day disposed of but not acquired. 2. Figure tax by completing Schedule D Tax Worksheet or the Qualified Dividends and Capital Gain Tax Worksheet. 55 LONG AND SHORT-TERM CAPITAL GAINS Capital Gain Distributions Capital gain distributions are reported on line 13 on Schedule D. 1. If do not use Schedule D, use Qualified Dividends and Capital Gain Tax Worksheet to figure tax and enter it on line 44 of Form 1040. 56 LONG AND SHORT-TERM CAPITAL GAINS Example: John is single. His taxable income on Form 1040, line 43, is $41,014. He has a Form 1099-DIV which shows ordinary dividends of $690 in box 1a, $450 of qualified dividends in box 1b and a $125 capital gain distribution in box 2a. Since John is not required to file Schedule D, he computes his Form 1040, line 44 tax using the Qualified Dividends and Capital Gain Tax Worksheet shown next. His tax is $6,536. Without the worksheet, his tax from the Tax Table would be $6,600. Using the worksheet saved John $64. 57 Form 1040, Page 1 Form 1040, Page 2 58 LONG AND SHORT-TERM CAPITAL GAINS Bad Debts You have a bad debt if someone owes you money that you cannot collect. 1. Deduct nonbusiness bad debts as shortterm capital losses on Schedule D. 59 CAPITAL LOSSES If your losses are more than your gains, you can claim a capital loss deduction. 1. Report on line 13 of Form 1040 and enclose in parentheses. 2. Limit on capital loss deduction is lesser of $3,000 ($1,500 if MFS) or your net loss as shown on line 16 of Schedule D. 60 CAPITAL LOSSES Capital Loss Carryover 3. If total net loss is more than yearly limit on capital loss deductions, you can carry over unused part to next year. 4. Amount of carryover is amount of total net loss that is more than lesser of: allowable capital loss deduction for year or taxable income increased by allowable capital loss deduction and deduction for personal exemptions. 5. Use Capital Loss Carryover Worksheet. 61 CAPITAL LOSSES 62 CAPITAL LOSSES – Problem 1 Don J. and Joanne H. Herris sold investment property in 2008. The sale resulted in a capital loss of $7,000. The Herris’ had no other capital transactions. They had taxable income of $26,000. What is the Herris’ capital loss deduction for 2008? a. $7,000 b. $4,000 c. $3,000 63 CAPITAL LOSSES – Problem 1 Don J. and Joanne H. Herris sold investment property in 2008. The sale resulted in a capital loss of $7,000. The Herris’ had no other capital transactions. They had taxable income of $26,000. What is the Herris’ capital loss deduction for 2008? c. $3,000 On their joint 2008 return, they deduct $3,000, the yearly limit. The unused part of the loss, $4,000 ($7,000 -$3,000), is carried over to 2009. If the Herris’ capital loss had been $2,000, it would not have been more than the yearly limit. Their capital loss deduction would have been $2,000. They would have no carryover to 2009. 64 CAPITAL GAIN TAX RATES To find out your capital gain tax rate, refer to Table 11-4. 1. Complete Part III of Schedule D if you have a net capital gain and your taxable income on line 43 of Form 1040 is more than zero or you have qualified dividends on Form 1040, line 9b. Exception – if Form 1040, line 43, is zero, enter zero on Form 1040, line 44, and do not complete Part III of Schedule D. 65 CAPITAL GAIN TAX RATES Example: Bob has a net capital gain from selling collectibles, so the capital gain rate would be 28%. Because he is single and his taxable income is $25,000, his regular tax rate is 15%. All his taxable income would be taxed at the 15% rate. The 28% rate does not apply. 66 CAPITAL GAIN TAX RATES 67 CAPITAL GAIN TAX RATES – Problem 1 Edmund is filing as single. The amounts on his various forms are the following: Form 1040, line 43 Schedule D, line 7 Schedule D, line 15 Schedule D, line 16 Taxable Income: Net short-term capital loss Net long-term capital gain Combine lines 7 and 15 (transferred to Form 1040, $65,001 ($5,000) $16,000 $11,000 line 13) There is capital gain on Edmund’s Schedule D, lines 15 and 16, and Form 1040, line 43, is more than zero. Part III of Schedule D is shown later. The Qualified Dividends and Capital Gain Tax Worksheet and lines 13 and 43 and 44 are shown on the following slides. What is Edmund’s tax liability for 2008? a. $12,600 b. $11,000 c. $11,500 68 CAPITAL GAIN TAX RATES – Problem 1 Edmund is filing as single. The amounts on his various forms are the following: Form 1040, line 43 Schedule D, line 7 Schedule D, line 15 Schedule D, line 16 Taxable Income: Net short-term capital loss Net long-term capital gain Combine lines 7 and 15 (transferred to Form 1040, $65,001 ($5,000) $16,000 $11,000 line 13) There is capital gain on Edmund’s Schedule D, lines 15 and 16, and Form 1040, line 43, is more than zero. Part III of Schedule D is shown later. The Qualified Dividends and Capital Gain Tax Worksheet and lines 13 and 43 and 44 are shown on the following slides. What is Edmund’s tax liability for 2008? c. $11,500 69 CAPITAL GAIN TAX RATES – Problem 1 70 The tax on line 18 minus the tax on line 17 results in a savings of $1,100 71 $12,600 – $11,500 = $1,100 CAPITAL GAIN TAX RATES – Problem 1 Form 1040, Page 1 Form 1040, Page 2 72 SALE OF STOCKS A. Blocks: If you do not identify the specific block at time of sale, shares sold are treated as coming from the earliest block purchased. Example: In 1998, Mary bought 100 shares of Acme Corporation stock for $2,000. In 1999, she bought another 100 shares of Acme for $2,300. In 2008, Mary sold 100 shares of Acme for $3,000. The adjusted basis of the shares sold is $2,000. However, if Mary had told her broker to sell the 100 shares bought in 1999, the adjusted basis of the shares sold would have been $2,300, reducing her gain on the sale. 73 SALE OF STOCKS B. Stock Splits. Stock acquired in a tax-free stock dividend or stock split has same holding period as original stock owned. Example: On February 18, 2002, Rick bought 100 shares of XYZ Corporation stock for $1,000 ($10 a share). On April 6, 2008, the stock split two-for-one. On April 9, 2008 Rick sold all his 200 shares of XYZ stock which had a basis of $5 a share. 74 SALE OF STOCKS C. Wash Sales. Loss on wash sale is not deductible; disallowed loss added to basis of stock purchased. Example: Margaret sells 100 shares of KT stock on May 1, 2008 for a loss of $1,200. On May 26, 2008, she buys 100 shares of KT stock. She has made a wash sale and cannot deduct her loss. The $1,200 loss from the wash sale is added to the basis of the new KT stock purchased. 75 T. Robert Pierce 16 Big Bucks Lane New York, NY 10020 Payer’s Federal ID 74-1522233 Tommy B. Lee 2508 Nansemond Drive Poughkeepsie, NY 12602 Tax Year 2008 Substitute Forms 1099 Recipient’s SSN 400-00-1001 Dividends and Distributions (1099-DIV) 1a. 1b. 2a. 2b. 2c. 2d. 3. 4. 5. 6. 7. 8. 9. Account Number 23232525 Total Total ordinary dividends…………………………………………… $2,850 Qualified dividends………………………………………………… 2,850 Total capital gain distributions……………………………………… 250 Unrecaptured section 1250 gain……………………………………. Section 1202 gain…………………………………………………… Collectibles (28% gain)..……………………………………………. Nondividend distributions………………………………………….. Federal income tax withheld………………………………………… Investment expenses………………………………………………… Foreign tax paid……………………………………………………… Foreign country or US possession…………………………………… Cash Liquidation Distributions……………………………………… Noncash Liquidation Distrbutions…………………………………… 76 Interest Income (1099-INT) 1. Earnings from savings, loans, credit unions, bank deposits and C.D…. $4,750 2. Early withdrawal penalty………………………………………………. 3. US Savings bonds, etc…………………………………………………. 4. Federal income tax withheld…………………………………………… 5. Investment expenses…………………………………………………… 6. Foreign tax paid (if eligible for foreign tax credit)…………………….. 7. Foreign country or US possession………………………………… 8. Tax-exempt interest…………………………………………………….. 9. Specified Private Activity Bond Interest……………………………….. Proceeds from Broker and Barter Exchange Transactions (1099-B) 1. 03/22/2008 Gross Proceeds Sold 100 shs HTT …………………………………… $1,570 THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE PENALTY OR OTHER SANCTION MAY BE IMPOSED ON YOU IF THIS INCOME IS TAXABLE AND THE IRS DETERMINES THAT IT HAS NOT BEEN REPORTED. 77 SALE OF STOCKS Sales Price And Adjusted Basis Of Stock Stockbroker reports sales price in box 2 of Form 1099-B and checks appropriate square at right of box 2 to indicate whether gross or net proceeds were reported to IRS. 78 SALE OF STOCKS Reporting Stock Transactions On Schedule D Report stock transactions in Parts I and II of Schedule D as shown in Table 11-5. Table 11-5. To Report Capital Gain or Loss in Part I or II, Schedule D Short-Term Show the first five sales on: Long-Term Part I, line 1, Schedule D Part II, line 8, Schedule D For additional sales use: Part I, line 1, Schedule D-1 Part II, line 8, Schedule D-1 And transfer the total From: Part I, line 2, Schedule D-1 Onto: Part I, line 2, Schedule D From: Part II, line 9, Schedule D-1 Onto: Part II, line 9, Schedule D additional sales amount: 79 SALE OF STOCKS Example: On August 21, 2002, Tess bought 200 shares of XYZ Company for $1,500. On October 2, 2003, she bought 500 shares of TUV, Inc. for $8,000, and on November 18, 2003, she bought 2,000 shares of QRS, Inc., for $5,000. Each amount includes the commission. On June 8, 2008, Tess sold the stock in XYZ and TUV. Form 1099-B from her broker reported gross proceeds of $1,875 for the XYZ stock, and $6,000 for the TUV. Tess paid commissions of $75 for selling the XYZ, and $275 for selling the TUV. On July 25, 2008, Tess sold the QRS stock for $10,000. She paid a $500 commission. Her broker reported net proceeds of $9,500 on Form 1099-B. Part II of Schedule D for Tess is as follows: 80 SALE OF STOCKS 81 SALE OF HOME Do not report sale of home if gain on sale is less than exclusion amount ($250,000 or $500,000 if MFJ). 1. Only gain of your main home is eligible for exclusion 2. For sale of home not your main home, report gain as income on Schedule D. Main home is where you live most of time. 1. Can be house, houseboat, mobile home, trailer, cooperative agreement, or condo. 82 SALE OF HOME Selling price is total amount you received for home. 1. If you receive Form 1099-S, box 2 shows gross proceeds received for home. 2. Total amount realized is selling price minus selling expenses. 3. Selling expenses include commissions, advertising fees, legal fees, and loan charges paid by seller. 4. Adjusted basis is used to figure gain or loss if you made changes to your main home. 5. Loss on sale of main home cannot be deducted. 83 SALE OF HOME Exclusion Amount Exclusion amount of up to $250,000 if file single. 1. If married, can exclude up to $500,000 if you and spouse: a. File MFJ b. Meet ownership test c. Meet use test d. Neither of you excluded gain in the two years before current sale 84 SALE OF HOME Ownership and Use Tests Exclusion allowed each time you sell or exchange main home but generally not more than once every two years and the property meets: a. Ownership test (owned by you for combined period of at least two years out of the five year period ending on date of sale b. Use test (lived in as main home for at least two years of that five year period. 85 SALE OF HOME In 1997, Ellen Jones lived in a rented apartment. The apartment building was later changed to a condominium, and she bought her apartment on December 1, 2004. In 2006, Ellen became ill and on April 14 of that year she moved to her daughter’s home. On July 10, 2008, while still living in her daughter’s home, she sold her apartment. Ellen can exclude all the gain on the sale of her apartment because she met the ownership and use tests. Her 5-year period is from July 11, 2003, to July 10, 2008, the date she sold the apartment. She owned her apartment from December 1, 2004, to July 10, 2008 (over 2 years). She lived in the apartment from July 11, 2003 (the beginning of the 5-year period), to April 14, 2006 (over 2 years). 86 SALE OF HOME Sale of home by surviving spouse. If your spouse died and you did not remarry before the date of sale, you are considered to have owned and lived in the property as your main home during any period of time when your spouse owned and lived in it as a main home. If you meet all the following requirements, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. The sale or exchange took place after 2007. The sale or exchange took place no more than 2 years after the date of death of your spouse. You have not remarried. You and your spouse met the use test at the time of your spouse’s death. You or your spouse met the ownership test at the time of your spouse’s death. Neither you nor your spouse excluded gain from the sale of another home during the last two years. 87 Basis of Property and Capital Gains (Including Sale of Home) KEY IDEAS ♦ To figure and properly report your gain or loss on a sale of stock, you need to know the sales price, adjusted basis, and the holding period. ♦ The basis of property you buy is usually its cost. Cost may be more than just the purchase price. Adjusted basis is the basis of property after certain adjustments have been added or subtracted. ♦ Fair market value (FMV) is the price at which the 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. ♦ The holding period determines whether the gain or loss is long-term or short-term. Long-term capital gains are generally taxed at lower rates than short-term capital gains. 88 Basis of Property and Capital Gains (Including Sale of Home) KEY IDEAS ♦ Use Schedule D to figure capital gain or loss and the correct tax. ♦ Include capital gain distributions in the computation of long-term capital gains. ♦ Qualified dividends are eligible for capital gain tax rates. ♦ You can deduct up to $3,000 ($1,500 for MFS) in net capital loss for the year. You can carry over any remaining loss to the next year. ♦ Generally, if you meet the ownership and use tests, you can exclude gain up to $250,000 ($500,000 if MFJ) on the sale of your main home. ♦ Report capital gain or loss on line 13 of Form 1040. 89 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (1) The cost of improvements to property decreases its basis. (2) The basis of stocks and bonds is only the purchase price. (3) If property was owned and used as a main home for less than 2 years, you cannot take any exclusion. (4) Legal fees incurred in acquiring property can be added to the basis of the property in figuring the adjusted basis. (5) The ownership test is met if you owned your main home for at least 2 years out of a 5-year period ending on the date of sale. 90 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (6) A loss on the sale of your main home cannot be deducted. (7) Fair market value is the price at which the property would change hands between a buyer and a seller, neither having to buy or sell, with the seller having reasonable knowledge of all necessary facts. (8) A condominium can be considered a main home. (9) Generally, if you meet the ownership and use tests, you can exclude up to $250,000 of gain on the sale of your home if you file MFJ. 91 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (10) If the adjusted basis of your stock is greater than its sales price, you have a gain on the sale. (11) Your basis in property you inherit from a decedent is the FMV of the property at the time the will is read. (12) To be considered a long-term sale, an asset must be held for one year or more. (13) If you rent your former main home the basis for depreciation is the lesser of the FMV on the date of change or the adjusted basis on the date of change. 92 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (14) Business and nonbusiness bad debts can both be deducted on Schedule D. (15) If you sell stocks you acquired at various times and prices, you can choose to use an average basis. 93 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (1) The cost of improvements to property decreases its basis. F (2) The basis of stocks and bonds is only the purchase price. F (3) If property was owned and used as a main home for less than 2 years, you cannot take any exclusion. F (4) Legal fees incurred in acquiring property can be added to the basis of the property in figuring the adjusted basis. T (5) The ownership test is met if you owned your main home for at least 2 years out of a 5-year period ending on the date of sale. T 94 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (6) A loss on the sale of your main home cannot be deducted. T (7) Fair market value is the price at which the property would change hands between a buyer and a seller, neither having to buy or sell, with the seller having reasonable knowledge of all necessary facts. F (8) A condominium can be considered a main home. T (9) Generally, if you meet the ownership and use tests, you can exclude up to $250,000 of gain on the sale of your home if you file MFJ. F 95 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (10) If the adjusted basis of your stock is greater than its sales price, you have a gain on the sale. F (11) Your basis in property you inherit from a decedent is the FMV of the property at the time the will is read. F (12) To be considered a long-term sale, an asset must be held for one year or more. F (13) If you rent your former main home the basis for depreciation is the lesser of the FMV on the date of change or the adjusted basis on the date of change. T 96 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 1: True or False. (14) Business and nonbusiness bad debts can both be deducted on Schedule D. F (15) If you sell stocks you acquired at various times and prices, you can choose to use an average basis. F 97 Basis of Property and Capital Gains (Including Sale of Home) CLASSWORK 2: 1. Amy T. Nelson (SSN 044-43-4433) purchased 100 shares of ABC stock on March 10, 2006 for $2 a share. She purchased 300 shares of DEF stock on January 5, 2008 for $4 a share. On July 15, 2008 she decided to buy a new car and sell all of her stock to make the down payment. She received $14.75 a share for her ABC stock and $18.25 a share for her DEF stock. Her taxable income is $56,734 and her filing status is MFJ. Her husband is Andrew R. Nelson (SSN 066-87-9126). Complete Amy’s Schedule D and calculate their tax. 98 Basis of Property and Capital Gains (Including Sale of Home) 99 Basis of Property and Capital Gains (Including Sale of Home) 100 101 102 Basis of Property and Capital Gains (Including Sale of Home) 2. Gary buys a riding tractor for use in his mowing business for $2,100. Over the summer, he replaces two sets of blades for $20 a set, spends $230 for fuel and oil, and puts a steel bumper over the headlights for $150. What is his basis for depreciation? 103 Basis of Property and Capital Gains (Including Sale of Home) 2. Gary buys a riding tractor for use in his mowing business for $2,100. Over the summer, he replaces two sets of blades for $20 a set, spends $230 for fuel and oil, and puts a steel bumper over the headlights for $150. What is his basis for depreciation? $2,250 $2,100 (TRACTOR) + $150 (BUMPER) 104 Basis of Property and Capital Gains (Including Sale of Home) 3. Juan sells 300 shares of PQR stock on March 15, 2008 for $20 a share. He has acquired the stock over a number of years. His grandfather left him 50 shares worth $1,500 when he died on August 31, 2004. The grandfather had purchased the stock for $5 a share on June 6, 1976. Julio’s mother gave him 100 shares for his birthday on March 16, 2004 when the FMV was $28 a share. She purchased the stock on May 1, 1986 for $12 a share. On February 2, 2005 PQR announced a two-for-one split. What is Juan’s gain or loss? 105 Basis of Property and Capital Gains (Including Sale of Home) 3. Juan sells 300 shares of PQR stock on March 15, 2008 for $20 a share. He has acquired the stock over a number of years. His grandfather left him 50 shares worth $1,500 when he died on August 31, 2004. The grandfather had purchased the stock for $5 a share on June 6, 1976. Julio’s mother gave him 100 shares for his birthday on March 16, 2004 when the FMV was $28 a share. She purchased the stock on May 1, 1986 for $12 a share. On February 2, 2005 PQR announced a two-for-one split. What is Julio’s gain or loss? $3,300 SOLD 300 SHS FOR $6,000 - $2,700 BASIS BASIS: 50 SHS FROM GRANDFATHER (FMV at death) 100 SHS FROM MOTHER (100 x $12) BASIS SPLIT GAVE HIM 300 SHARES $1,500 $1,200 $2,700 106 Basis of Property and Capital Gains (Including Sale of Home) 4. Toby B. Lawrence (SSN 043-51-6842) has a capital loss carryover from 2007. 107 Basis of Property and Capital Gains (Including Sale of Home) He sold two stocks in 2008, as summarized below: Stock Purchase Date Date Sold Net Sales Price Adjusted Basis 200 shares FFF 5/8/2007 1/5/2008 $4,000 $3,025 50 shares WWW 11/7/2004 3/12/2008 $8,700 $11,000 Toby’s Form 1040 for 2008, line 41, shows $59,175. Toby is single. Complete Toby’s Schedule D and Capital Loss Carryover Worksheet. 108 Basis of Property and Capital Gains (Including Sale of Home) 109 Basis of Property and Capital Gains (Including Sale of Home) 110 111 Basis of Property and Capital Gains (Including Sale of Home) 112 Questions & Answers 113