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Amend Federal Tax Return 2012

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Amend Federal Tax Return 2012

Amend federal tax return 2012 Internal Revenue Bulletin:  2009-17  April 27, 2009  Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2009-24 Table of Contents SECTION 1. Amend federal tax return 2012 PURPOSE SECTION 2. Amend federal tax return 2012 BACKGROUND SECTION 3. Amend federal tax return 2012 SCOPE SECTION 4. Amend federal tax return 2012 APPLICATION. Amend federal tax return 2012 01 In General. Amend federal tax return 2012 . Amend federal tax return 2012 02 Limitations on Depreciation Deductions for Certain Automobiles. Amend federal tax return 2012 . Amend federal tax return 2012 03 Inclusions in Income of Lessees of Passenger Automobiles. Amend federal tax return 2012 SECTION 5. Amend federal tax return 2012 EFFECTIVE DATE SECTION 6. Amend federal tax return 2012 DRAFTING INFORMATION SECTION 1. Amend federal tax return 2012 PURPOSE . Amend federal tax return 2012 01 This revenue procedure provides: (1) limitations on depreciation deductions for owners of passenger automobiles first placed in service by the taxpayer during calendar year 2009, including a separate table of limitations on depreciation deductions for trucks and vans; and (2) the amounts to be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2009, including a separate table of inclusion amounts for lessees of trucks and vans. Amend federal tax return 2012 . Amend federal tax return 2012 02 The tables detailing these depreciation limitations and lessee inclusion amounts reflect the automobile price inflation adjustments required by § 280F(d)(7) of the Internal Revenue Code. Amend federal tax return 2012 SECTION 2. Amend federal tax return 2012 BACKGROUND . Amend federal tax return 2012 01 For owners of passenger automobiles, § 280F(a) imposes dollar limitations on the depreciation deduction for the year that the passenger automobile is placed in service by the taxpayer and each succeeding year. Amend federal tax return 2012 Section 280F(d)(7) requires the amounts allowable as depreciation deductions to be increased by a price inflation adjustment amount for passenger automobiles placed in service after 1988. Amend federal tax return 2012 The method of calculating this price inflation amount for trucks and vans placed in service in or after calendar year 2003 uses a different CPI “automobile component” (the “new trucks” component) than that used in the price inflation amount calculation for other passenger automobiles (the “new cars” component), resulting in somewhat higher depreciation deductions for trucks and vans. Amend federal tax return 2012 This change reflects the higher rate of price inflation that trucks and vans have been subject to since 1988. Amend federal tax return 2012 . Amend federal tax return 2012 02 Section 168(k)(1)(A) provides a 50 percent additional first year depreciation deduction for certain new property acquired by a taxpayer after December 31, 2007, and before January 1, 2010, if no written binding contract for the acquisition of the property existed before January 1, 2008. Amend federal tax return 2012 Section 168(k)(2)(F)(i) increases the first year depreciation allowed under § 280F(a)(1)(A) by $8,000 for passenger automobiles to which the 50 percent additional first year depreciation deduction applies. Amend federal tax return 2012 . Amend federal tax return 2012 03 Section 168(k)(2)(D)(i) provides that the 50 percent additional first year depreciation deduction does not apply to any property required to be depreciated under the alternative depreciation system of § 168(g), including property described in § 280F(b)(1). Amend federal tax return 2012 Section 168(k)(2)(D)(iii) permits a taxpayer to elect to not claim the 50 percent additional first year depreciation deduction for any class of property. Amend federal tax return 2012 Section 168(k)(4) permits a corporation to elect to not claim the 50 percent additional first year depreciation deduction for all eligible qualified property (that is extension property or that is not extension property, as applicable) and instead to increase the business credit limitation under § 38(c) or the alternative minimum tax credit limitation under § 53(c). Amend federal tax return 2012 Accordingly, this revenue procedure provides tables for passenger automobiles for which the 50 percent additional depreciation deduction applies and tables for passenger automobiles for which the 50 percent additional first year depreciation deduction does not apply, including passenger automobiles in a class of property for which the taxpayer “elects out” of the 50 percent additional first year depreciation deduction or passenger automobiles that are eligible qualified property to which the § 168(k)(4) election applies. Amend federal tax return 2012 . Amend federal tax return 2012 04 For leased passenger automobiles, § 280F(c) requires a reduction in the deduction allowed to the lessee of the passenger automobile. Amend federal tax return 2012 The reduction must be substantially equivalent to the limitations on the depreciation deductions imposed on owners of passenger automobiles. Amend federal tax return 2012 Under § 1. Amend federal tax return 2012 280F-7(a) of the Income Tax Regulations, this reduction requires a lessee to include in gross income an inclusion amount determined by applying a formula to the amount obtained from a table. Amend federal tax return 2012 One table applies to lessees of trucks and vans and another table applies to all other passenger automobiles. Amend federal tax return 2012 Each table shows inclusion amounts for a range of fair market values for each taxable year after the passenger automobile is first leased. Amend federal tax return 2012 SECTION 3. Amend federal tax return 2012 SCOPE . Amend federal tax return 2012 01 The limitations on depreciation deductions in section 4. Amend federal tax return 2012 02(2) of this revenue procedure apply to passenger automobiles (other than leased passenger automobiles) that are placed in service by the taxpayer in calendar year 2009, and continue to apply for each taxable year that the passenger automobile remains in service. Amend federal tax return 2012 . Amend federal tax return 2012 02 The tables in section 4. Amend federal tax return 2012 03 of this revenue procedure apply to leased passenger automobiles for which the lease term begins during calendar year 2009. Amend federal tax return 2012 Lessees of these passenger automobiles must use these tables to determine the inclusion amount for each taxable year during which the passenger automobile is leased. Amend federal tax return 2012 See Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2002-14, 2002-1 C. Amend federal tax return 2012 B. Amend federal tax return 2012 450, for passenger automobiles first leased before January 1, 2003, Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2003-75, 2003-2 C. Amend federal tax return 2012 B. Amend federal tax return 2012 1018, for passenger automobiles first leased during calendar year 2003, Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2004-20, 2004-1 C. Amend federal tax return 2012 B. Amend federal tax return 2012 642, for passenger automobiles first leased during calendar year 2004, Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2005-13, 2005-1 C. Amend federal tax return 2012 B. Amend federal tax return 2012 759, for passenger automobiles first leased during calendar year 2005, Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2006-18, 2006-1 C. Amend federal tax return 2012 B. Amend federal tax return 2012 645, for passenger automobiles first leased during calendar year 2006, Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2007-30, 2007-1 C. Amend federal tax return 2012 B. Amend federal tax return 2012 1104, for passenger automobiles first leased during calendar year 2007, and Rev. Amend federal tax return 2012 Proc. Amend federal tax return 2012 2008-22, 2008-12 I. Amend federal tax return 2012 R. Amend federal tax return 2012 B. Amend federal tax return 2012 658, for passenger automobiles first leased during calendar year 2008. Amend federal tax return 2012 SECTION 4. Amend federal tax return 2012 APPLICATION . Amend federal tax return 2012 01 In General. Amend federal tax return 2012 (1) Limitations on depreciation deductions for certain automobiles. Amend federal tax return 2012 The limitations on depreciation deductions for passenger automobiles placed in service by the taxpayer for the first time during calendar year 2009 are in Tables 1 through 4 in section 4. Amend federal tax return 2012 02(2) of this revenue procedure. Amend federal tax return 2012 (2) Inclusions in income of lessees of passenger automobiles. Amend federal tax return 2012 A taxpayer first leasing a passenger automobile during calendar year 2009 must determine the inclusion amount that is added to gross income using Tables 5 and 6 in section 4. Amend federal tax return 2012 03 of this revenue procedure. Amend federal tax return 2012 In addition, the taxpayer must follow the procedures of § 1. Amend federal tax return 2012 280F-7(a). Amend federal tax return 2012 . Amend federal tax return 2012 02 Limitations on Depreciation Deductions for Certain Automobiles. Amend federal tax return 2012 (1) Amount of the inflation adjustment. Amend federal tax return 2012 (a) Passenger automobiles (other than trucks or vans). Amend federal tax return 2012 Under § 280F(d)(7)(B)(i), the automobile price inflation adjustment for any calendar year is the percentage (if any) by which the CPI automobile component for October of the preceding calendar year exceeds the CPI automobile component for October 1987. Amend federal tax return 2012 The term “CPI automobile component” is defined in § 280F(d)(7)(B)(ii) as the “automobile component” of the Consumer Price Index for all Urban Consumers published by the Department of Labor. Amend federal tax return 2012 The new car component of the CPI was 115. Amend federal tax return 2012 2 for October 1987 and 134. Amend federal tax return 2012 837 for October 2008. Amend federal tax return 2012 The October 2008 index exceeded the October 1987 index by 19. Amend federal tax return 2012 637. Amend federal tax return 2012 The Internal Revenue Service has, therefore, determined that the automobile price inflation adjustment for 2009 for passenger automobiles (other than trucks and vans) is 17. Amend federal tax return 2012 05 percent (19. Amend federal tax return 2012 637/115. Amend federal tax return 2012 2 x 100%). Amend federal tax return 2012 This adjustment is applicable to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2009. Amend federal tax return 2012 The dollar limitations in § 280F(a) therefore must be multiplied by a factor of 0. Amend federal tax return 2012 1705, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations applicable to passenger automobiles (other than trucks and vans) for calendar year 2009. Amend federal tax return 2012 (b) Trucks and vans. Amend federal tax return 2012 To determine the dollar limitations applicable to trucks and vans first placed in service during calendar year 2009, the new truck component of the CPI is used instead of the new car component. Amend federal tax return 2012 The new truck component of the CPI was 112. Amend federal tax return 2012 4 for October 1987 and 133. Amend federal tax return 2012 640 for October 2008. Amend federal tax return 2012 The October 2008 index exceeded the October 1987 index by 21. Amend federal tax return 2012 24. Amend federal tax return 2012 The Service has, therefore, determined that the automobile price inflation adjustment for 2009 for trucks and vans is 18. Amend federal tax return 2012 90 percent (21. Amend federal tax return 2012 24/112. Amend federal tax return 2012 4 x 100%). Amend federal tax return 2012 This adjustment is applicable to all trucks and vans that are first placed in service in calendar year 2009. Amend federal tax return 2012 The dollar limitations in § 280F(a) therefore must be multiplied by a factor of 0. Amend federal tax return 2012 1890, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations applicable to trucks and vans. Amend federal tax return 2012 (2) Amount of the limitation. Amend federal tax return 2012 For passenger automobiles placed in service by the taxpayer in calendar year 2009, Tables 1 through 4 contain the dollar amount of the depreciation limitation for each taxable year. Amend federal tax return 2012 Use Table 1 for a passenger automobile (other than a truck or van) placed in service by the taxpayer in calendar year 2009, for which the 50 percent additional first year depreciation deduction does not apply, including a passenger automobile (other than a truck or van) in a class of property for which the taxpayer elects out of the 50 percent additional first year depreciation deduction or a passenger automobile that is eligible qualified property to which the § 168(k)(4) election applies. Amend federal tax return 2012 Use Table 2 for a passenger automobile (other than a truck or van) placed in service by the taxpayer in calendar year 2009, for which the 50 percent additional first year depreciation deduction applies. Amend federal tax return 2012 Use Table 3 for a truck or van placed in service by the taxpayer in calendar year 2009, for which the 50 percent additional first year depreciation deduction does not apply, including a truck or van in a class of property for which the taxpayer elects out of the 50 percent additional first year depreciation deduction or a truck or van that is eligible qualified property to which the § 168(k)(4) election applies. Amend federal tax return 2012 Use Table 4 for a truck or van placed in service by the taxpayer in calendar year 2009, for which the 50 percent additional first year depreciation deduction applies. Amend federal tax return 2012 REV. Amend federal tax return 2012 PROC. Amend federal tax return 2012 2009-24 TABLE 1 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, FOR WHICH THE 50 PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY Tax Year Amount 1st Tax Year $2,960 2nd Tax Year $4,800 3rd Tax Year $2,850 Each Succeeding Year $1,775 REV. Amend federal tax return 2012 PROC. Amend federal tax return 2012 2009-24 TABLE 2 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, FOR WHICH THE 50 PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax Year Amount 1st Tax Year $10,960 2nd Tax Year $4,800 3rd Tax Year $2,850 Each Succeeding Year $1,775 REV. Amend federal tax return 2012 PROC. Amend federal tax return 2012 2009-24 TABLE 3 DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, FOR WHICH THE 50 PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY Tax Year Amount 1st Tax Year $3,060 2nd Tax Year $4,900 3rd Tax Year $2,950 Each Succeeding Year $1,775 REV. Amend federal tax return 2012 PROC. Amend federal tax return 2012 2009-24 TABLE 4 DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE BY THE TAXPAYER IN CALENDAR YEAR 2009, FOR WHICH THE 50 PERCENT ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax Year Amount 1st Tax Year $11,060 2nd Tax Year $4,900 3rd Tax Year $2,950 Each Succeeding Year $1,775 . Amend federal tax return 2012 03 Inclusions in Income of Lessees of Passenger Automobiles. Amend federal tax return 2012 The inclusion amounts for passenger automobiles first leased in calendar year 2009 are calculated under the procedures described in § 1. Amend federal tax return 2012 280F-7(a). Amend federal tax return 2012 Lessees of passenger automobiles other than trucks and vans should use Table 5 of this revenue procedure in applying these procedures, while lessees of trucks and vans should use Table 6 of this revenue procedure. Amend federal tax return 2012 REV. Amend federal tax return 2012 PROC. Amend federal tax return 2012 2009-24 TABLE 5 DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2009 Fair Market Value of Passenger Automobile Tax Year During Lease Over Not Over 1st 2nd 3rd 4th 5th & Later $18,500 $19,000 9 19 28 34 38 19,000 19,500 10 21 32 38 43 19,500 20,000 11 24 36 42 48 20,000 20,500 12 27 39 46 54 20,500 21,000 13 29 43 51 58 21,000 21,500 15 31 47 55 64 21,500 22,000 16 34 50 60 68 22,000 23,000 17 38 56 66 76 23,000 24,000 20 42 64 75 86 24,000 25,000 22 47 71 84 96 25,000 26,000 24 52 78 93 107 26,000 27,000 26 58 85 101 117 27,000 28,000 29 62 93 110 127 28,000 29,000 31 67 100 119 138 29,000 30,000 33 72 108 128 147 30,000 31,000 35 77 115 137 157 31,000 32,000 38 82 122 146 167 32,000 33,000 40 87 129 155 178 33,000 34,000 42 92 137 163 188 34,000 35,000 44 97 144 172 199 35,000 36,000 47 102 151 181 208 36,000 37,000 49 107 159 189 219 37,000 38,000 51 112 166 199 228 38,000 39,000 53 117 173 208 239 39,000 40,000 56 122 180 216 250 40,000 41,000 58 127 188 225 259 41,000 42,000 60 132 195 234 269 42,000 43,000 62 137 203 242 280 43,000 44,000 65 141 210 252 290 44,000 45,000 67 146 218 260 300 45,000 46,000 69 151 225 269 311 46,000 47,000 71 157 232 278 320 47,000 48,000 74 161 240 286 331 48,000 49,000 76 166 247 296 340 49,000 50,000 78 171 255 304 351 50,000 51,000 80 176 262 313 361 51,000 52,000 83 181 269 322 371 52,000 53,000 85 186 276 331 381 53,000 54,000 87 191 284 339 392 54,000 55,000 89 196 291 349 401 55,000 56,000 92 201 298 357 412 56,000 57,000 94 206 306 365 423 57,000 58,000 96 211 313 375 432 58,000 59,000 98 216 320 384 442 59,000 60,000 101 221 327 393 452 60,000 62,000 104 228 339 406 467 62,000 64,000 109 238 353 424 488 64,000 66,000 113 248 368 441 509 66,000 68,000 118 258 382 459 529 68,000 70,000 122 268 397 476 550 70,000 72,000 127 277 413 493 570 72,000 74,000 131 288 427 511 590 74,000 76,000 136 297 442 529 610 76,000 78,000 140 307 457 546 631 78,000 80,000 145 317 471 564 651 80,000 85,000 152 335 497 595 686 85,000 90,000 164 359 534 639 737 90,000 95,000 175 384 570 683 789 95,000 100,000 186 409 607 727 839 100,000 110,000 203 446 662 793 916 110,000 120,000 226 495 736 881 1,018 120,000 130,000 248 545 809 970 1,119 130,000 140,000 271 594 883 1,058 1,220 140,000 150,000 293 644 956 1,146 1,322 150,000 160,000 316 693 1,030 1,234 1,424 160,000 170,000 338 743 1,103 1,322 1,526 170,000 180,000 361 792 1,177 1,410 1,628 180,000 190,000 383 842 1,250 1,498 1,730 190,000 200,000 406 891 1,324 1,586 1,831 200,000 210,000 428 941 1,397 1,675 1,932 210,000 220,000 451 990 1,471 1,762 2,035 220,000 230,000 473 1,040 1,544 1,851 2,136 230,000 240,000 496 1,089 1,618 1,939 2,238 240,000 And up 518 1,139 1,691 2,027 2,340 REV. Amend federal tax return 2012 PROC. Amend federal tax return 2012 2009-24 TABLE 6 DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2009 Fair Market Value of Electric Automobile Tax Year During Lease Over Not Over 1st 2nd 3rd 4th 5th and Later $18,500 $19,000 8 17 25 30 35 19,000 19,500 9 19 29 35 40 19,500 20,000 10 22 33 38 45 20,000 20,500 11 25 36 43 50 20,500 21,000 12 27 40 48 55 21,000 21,500 13 30 43 52 60 21,500 22,000 15 32 47 56 66 22,000 23,000 16 36 52 64 72 23,000 24,000 18 41 60 72 83 24,000 25,000 21 45 68 81 93 25,000 26,000 23 50 75 90 103 26,000 27,000 25 56 82 98 114 27,000 28,000 27 61 89 107 124 28,000 29,000 30 65 97 116 134 29,000 30,000 32 70 104 125 144 30,000 31,000 34 75 112 134 154 31,000 32,000 36 80 119 143 164 32,000 33,000 39 85 126 151 175 33,000 34,000 41 90 134 160 184 34,000 35,000 43 95 141 169 195 35,000 36,000 45 100 148 178 205 36,000 37,000 48 105 155 187 215 37,000 38,000 50 110 163 195 226 38,000 39,000 52 115 170 204 236 39,000 40,000 55 120 177 213 246 40,000 41,000 57 125 185 221 256 41,000 42,000 59 130 192 231 266 42,000 43,000 61 135 199 240 276 43,000 44,000 64 139 207 249 286 44,000 45,000 66 144 215 257 296 45,000 46,000 68 149 222 266 307 46,000 47,000 70 155 229 274 317 47,000 48,000 73 159 237 283 327 48,000 49,000 75 164 244 292 338 49,000 50,000 77 169 251 301 348 50,000 51,000 79 174 259 310 357 51,000 52,000 82 179 266 318 368 52,000 53,000 84 184 273 328 378 53,000 54,000 86 189 281 336 388 54,000 55,000 88 194 288 345 399 55,000 56,000 91 199 295 354 408 56,000 57,000 93 204 302 363 419 57,000 58,000 95 209 310 371 429 58,000 59,000 97 214 317 381 439 59,000 60,000 100 219 324 389 450 60,000 62,000 103 226 336 402 465 62,000 64,000 107 236 351 420 485 64,000 66,000 112 246 365 438 505 66,000 68,000 116 256 380 455 526 68,000 70,000 121 266 394 473 546 70,000 72,000 125 276 409 491 566 72,000 74,000 130 286 423 509 586 74,000 76,000 134 296 438 526 607 76,000 78,000 139 305 454 543 627 78,000 80,000 143 316 467 561 648 80,000 85,000 151 333 493 592 684 85,000 90,000 163 357 531 635 735 90,000 95,000 174 382 567 680 785 95,000 100,000 185 407 604 724 836 100,000 110,000 202 444 659 790 912 110,000 120,000 225 493 733 878 1,014 120,000 130,000 247 543 806 966 1,116 130,000 140,000 270 592 880 1,054 1,218 140,000 150,000 292 642 953 1,143 1,319 150,000 160,000 315 691 1,027 1,230 1,421 160,000 170,000 337 741 1,100 1,319 1,522 170,000 180,000 360 790 1,174 1,407 1,624 180,000 190,000 382 840 1,247 1,495 1,726 190,000 200,000 405 889 1,321 1,583 1,828 200,000 210,000 427 939 1,394 1,671 1,930 210,000 220,000 450 988 1,468 1,759 2,031 220,000 230,000 472 1,038 1,541 1,847 2,134 230,000 240,000 495 1,087 1,615 1,935 2,235 240,000 and up 517 1,137 1,688 2,024 2,336 SECTION 5. Amend federal tax return 2012 EFFECTIVE DATE This revenue procedure applies to passenger automobiles (other than leased passenger automobiles) that are first placed in service by a taxpayer during calendar year 2009, and to leased passenger automobiles that are first leased by a taxpayer during calendar year 2009. Amend federal tax return 2012 SECTION 6. Amend federal tax return 2012 DRAFTING INFORMATION The principal author of this revenue procedure is Bernard P. Amend federal tax return 2012 Harvey of the Office of Associate Chief Counsel (Income Tax & Accounting). Amend federal tax return 2012 For further information regarding this revenue procedure, contact Mr. Amend federal tax return 2012 Harvey at (202) 622-4930 (not a toll-free call). Amend federal tax return 2012 Prev  Up  Next   Home   More Internal Revenue Bulletins
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Mortgages for Home Buyers and Homeowners

Find mortgage programs and resources to get and manage a mortgage.


Finding a mortgage is one of the first steps involved in buying a home. The Department of Housing and Urban Development (HUD) is the nation's housing agency. They have a helpful list of 9 steps to buying a home, which includes figuring out how much you can afford, knowing your rights, shopping for a loan, making an offer, getting a home inspection, and much more.

Shop for a Loan

One of the first steps you'll take in buying a home is shopping for a loan. Learn about common types of home mortgages. There are many sites that can help you find a housing loan:

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Home Buying Programs

There are many home buying programs to help you:

  • Home Buying Programs in Your State – Find state or local government home buying programs in your state.
  • Good Neighbor Next Door – If you're a law enforcement officer, pre-kindergarten through 12th grade teacher, or a firefighter/emergency medical technician, this program allows you to become a homeowner. If approved, you'll receive a 50% discount off the list price of a home, on the condition that you commit to live in the property as a sole residence for 36 months.
  • Local Public Housing Agency – This program helps public housing residents own a home by converting rent into a mortgage payment.

Mortgage Calculator

Use these calculators to estimate your potential mortgage and costs. 

Check the tips that HUD provides to avoid loan fraud and predatory lenders. The Federal Reserve also has a great collection of featured publications and resources on homes and mortgages.

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Mortgage Refinancing

Consider refinancing your mortgage if you can get a rate that is at least one percentage point lower than your existing rate and if you plan to keep the new mortgage for several years. Learn more about refinancing your mortgage.

Mortgage Payment Assistance

  • Making Home Affordable – The Department of Treasury and HUD can help struggling homeowners get mortgage relief through a variety of programs.
  • Housing Counseling Agencies – HUD helps these agencies provide homeowners with free or low-cost advice on home related issues.
  • Reverse Mortgages – HUD provides answers to frequently asked questions about reverse mortgages.

Foreclosures

You can find more information on foreclosures on our Foreclosure Resources page and HUD's Avoiding Foreclosure page.

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The Amend Federal Tax Return 2012

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