Chapter 8
Capital Gains and Losses
Income Tax Fundamentals 2014
Student Slides
Gerald E. Whittenburg
Martha Altus-Buller
Steven Gill
2014 Cengage Learning
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Define a Capital Asset
Capital assets are defined by exception
A capital asset is any asset other
than inventory, receivables,
copyrights, certain U.S. Government
publications and depreciable or real
property used in a trade or business.
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Realized Gains/Losses
vs.
Recognized Gains/Losses
Realization of gain or loss requires the
“sale or exchange” of an asset.
less:
less:
Amount realized
Adjusted basis of property
Realized gain (loss)
Allowed gain deferral
Recognized gain (loss)
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Tax Treatment for
Net Long-term Capital Gains

Study “Capital Gains & Applicable Tax Rates” chart on p. 8-7

Net long-term capital gain (LTCG) rates depend upon regular
tax bracket*
◦
◦
◦
Taxed at 0% for taxpayers in 10% or 15% brackets
Taxed at 15% for taxpayers in 25-35% brackets
Taxed at 20% for taxpayers in 39.6% bracket

Unrecaptured depreciation on real estate is taxed at a maximum
rate of 25%*

Collectibles held more than 12 months are taxed at a maximum
rate of 28%*
*Additionally, a 3.8% Medicare tax on net investment income, including qualifying dividends,
applies to high-income taxpayers with income over certain thresholds.
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Section 1231 Assets
 §1231
assets are not capital assets, but they
are given special tax treatment
 Asset
must be held > 12 months and used in a
trade or business and include:
◦
Depreciable real or personal property used in trade or
business
◦
Timber, coal, or domestic iron ore
◦
Livestock (not poultry) held for certain purposes
◦
Unharvested crops on land used in a trade or business
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Depreciation Recapture
 Prevents
taxpayers from receiving the dual
benefits of a depreciation deduction and
capital gain treatment upon sale of the asset
o
Requires gains to be treated as ordinary to the
extent of prior depreciation deductions
•
•
•
§1245 recapture
§1250 recapture
“Unrecaptured depreciation” previously taken on real
estate
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§1245 Depreciation Recapture

§ 1245 applies to property such as
o
o

Depreciable personal property (such as furniture, machines,
computers and autos)
Nonresidential real estate placed in service between 19811986 with accelerated depreciation
Gains are treated as ordinary income to the extent of
any depreciation taken
◦
Any gain in excess of depreciation is netted with §1231
gains/losses and given beneficial tax treatment
Very complex rules, this is an overview only
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Casualty Gains & Losses: Personal

Casualty loss is the lesser of
o
Property’s adjusted basis
or
o
Decline in the value of the property (repair cost)
o
Deductible loss is reduced by
o

•
Insurance proceeds received
•
$100 floor (per event)
•
10% of AGI per year
Shown as an itemized deduction on Schedule A
Casualty gain occurs when insurance reimbursement >
adjusted basis of property
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Casualty Gains & Losses: Business

Business casualty and theft losses result from
damage caused by a sudden, unexpected
and/or unusual event
o
For property fully destroyed, deduct adjusted basis
o
For property partially destroyed, deduct the lesser of
the property’s adjusted basis or the decline in the
value
•
Any insurance reimbursement reduces loss
•
May cause gain
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Installment Sales - Form 6252

An installment sale occurs when
◦
Real or personal property or business/rental property is
sold
and
◦

Congress allows taxable gain to be reported as cash
received, not when sale completed
◦

Note is signed and payments are collected over time
However, can elect to report all the gain in the year of sale
Otherwise, use Form 6252, Installment Sale Income
◦
Must recapture any §1245 or §1250 first
◦ Then calculate gross profit percentage
◦ Then multiply percentage by cash received each year
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§1031 Like-Kind Exchanges

No gain/loss recognized when an exchange of like-kind
property occurs (deferred gain/loss)
◦
Like-kind property transactions occur when

Exchanging real property for real property
or

◦

Exchanging personal property for personal property of the same
asset class
Rules only apply to business or investment property
May have some recognized gain if “boot” is received
◦
◦
Boot is defined as cash received in an exchange or any
property (inventory, stocks, bonds, or other securities) that
is not like-kind
Relief from a liability is also treated as boot received
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