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Free State Only Tax Filing

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Free State Only Tax Filing

Free state only tax filing Publication 908 - Introductory Material Table of Contents Future Developments What's New Reminders Introduction Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 908, such as legislation enacted after it was published, go to www. Free state only tax filing irs. Free state only tax filing gov/pub908. Free state only tax filing What's New Expiration of provision for catch-up contributions for IRC section 401(k) participants whose employer filed bankruptcy. Free state only tax filing  The Pension Protection Act of 2006, P. Free state only tax filing L. Free state only tax filing 109-280, previously allowed additional contributions of up to $7,000 in a traditional or Roth IRA for employees who participated in an IRC section 401(k) plan of an employer that filed bankruptcy in an earlier year. Free state only tax filing This provision was not extended for tax years beginning on or after January 1, 2010. Free state only tax filing Automatic 6-month extension of time to file a bankruptcy estate return now available for individuals in Chapter 7 or 11 bankruptcy. Free state only tax filing  Beginning June 24, 2011, the IRS clarified in T. Free state only tax filing D. Free state only tax filing 9531 that there is available an automatic 6-month extension of time to file a bankruptcy estate income tax return for individuals in Chapter 7 or Chapter 11 bankruptcy proceedings upon filing a required application. Free state only tax filing The previous extension of time to file a bankruptcy estate return was 5 months. Free state only tax filing Reminders The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005. Free state only tax filing  The changes to the U. Free state only tax filing S. Free state only tax filing Bankruptcy Code enacted by BAPCA are incorporated throughout this publication. Free state only tax filing Debtors filing under chapters 7, 11, 12, and 13 of the Bankruptcy Code must file all applicable federal, state, and local tax returns that become due after a case commences. Free state only tax filing Failure to file tax returns timely or obtain an extension can cause a bankruptcy case to be converted to another chapter or dismissed. Free state only tax filing In chapter 13 cases, the debtor must file all required tax returns for tax periods ending within 4 years of the filing of the bankruptcy petition. Free state only tax filing Photographs of missing children. Free state only tax filing  The IRS is a proud partner with the National Center for Missing and Exploited Children. Free state only tax filing Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Free state only tax filing You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Free state only tax filing Introduction This publication is not intended to cover bankruptcy law in general, or to provide detailed discussions of the tax rules for the more complex corporate bankruptcy reorganizations or other highly technical transactions. Free state only tax filing Additionally, this publication is not updated on an annual basis and may not reflect recent developments in bankruptcy or tax law. Free state only tax filing If you need more guidance on the bankruptcy or tax laws applicable to your case, you should seek professional advice. Free state only tax filing This publication explains the basic federal income tax aspects of bankruptcy. Free state only tax filing A fundamental goal of the bankruptcy laws enacted by Congress is to give an honest debtor a financial “fresh start”. Free state only tax filing This is accomplished through the bankruptcy discharge, which is a permanent injunction (court ordered prohibition) against the collection of certain debts as a personal liability of the debtor. Free state only tax filing Bankruptcy proceedings begin with the filing of either a voluntary petition in the United States Bankruptcy Court, or in certain cases an involuntary petition filed by creditors. Free state only tax filing This filing creates the bankruptcy estate. Free state only tax filing The bankruptcy estate generally consists of all of the assets the individual or entity owns on the date the bankruptcy petition was filed. Free state only tax filing The bankruptcy estate is treated as a separate taxable entity for individuals filing bankruptcy petitions under chapter 7 or 11 of the Bankruptcy Code, discussed later. Free state only tax filing The tax obligations of taxable bankruptcy estates are discussed later under Individuals in Chapter 7 or 11. Free state only tax filing Generally, when a debt owed to another person or entity is canceled, the amount canceled or forgiven is considered income that is taxed to the person owing the debt. Free state only tax filing If a debt is canceled under a bankruptcy proceeding, the amount canceled is not income. Free state only tax filing However, the canceled debt reduces other tax benefits to which the debtor would otherwise be entitled. Free state only tax filing See Debt Cancellation, later. Free state only tax filing Useful Items - You may want to see: Publication 225 Farmer's Tax Guide 525 Taxable and Nontaxable Income 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 538 Accounting Periods and Methods 544 Sales and Other Dispositions of Assets 551 Basis of Assets 4681 Canceled Debts, Foreclosures, Repossessions, and Abandonments Form (and Instructions) SS-4 Application for Employer Identification Number, and separate instructions 982 Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) 1040 U. Free state only tax filing S. Free state only tax filing Individual Income Tax Return, and separate instructions Schedule SE (Form 1040) Self-Employment Tax 1040X Amended U. Free state only tax filing S. Free state only tax filing Individual Income Tax Return, and separate instructions 1041 U. Free state only tax filing S. Free state only tax filing Income Tax Return for Estates and Trusts, and separate instructions 1041-ES Estimated Income Tax for Estates and Trusts 1041-V Payment Voucher 4506 Request for Copy of Tax Return 4506-T Request for Transcript of Tax Return 4852 Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Free state only tax filing 4868 Application for Automatic Extension of Time To File U. Free state only tax filing S. Free state only tax filing Individual Income Tax Return 7004 Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns See How To Get Tax Help, later, for information about getting these publications and forms. Free state only tax filing Prev  Up  Next   Home   More Online Publications
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Office of the Attorney General

Website: Office of the Attorney General

Address: Office of the Attorney General
Consumer Services Division
1400 Bremer Tower
445 Minnesota St.
St. Paul, MN 55101

Phone Number: 651-296-3353

Toll-free: 1-800-657-3787 (MN)

TTY: 651-297-7206 or 1-800-366-4812

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City Consumer Protection Offices

Minneapolis Department of Regulatory Services

Website: Minneapolis Department of Regulatory Services

Address: Minneapolis Department of Regulatory Services
Business Licenses & Consumer Services
City Hall, Room 1C
350 S. 5th St.
Minneapolis, MN 55415

Phone Number: 612-673-2080

TTY: 612-673-2157

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Department of Commerce

Website: Department of Commerce

Address: Department of Commerce
Financial Institutions Division
85 7th Pl. E, Suite 500
St. Paul, MN 55101

Phone Number: 651-296-2488

Toll-free: 1-800-657-3602

TTY: 651-296-2860

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Department of Commerce

Website: Department of Commerce

Address: Department of Commerce
Insurance Division
85 7th Place E
Suite 500
St. Paul, MN 55101

Phone Number: 651-296-4026

Toll-free: 1-800-657-3602 (MN)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Department of Commerce

Website: Department of Commerce

Address: Department of Commerce
Securities Unit
Consumer Protection and Education

85 7th Pl. E, Suite 500
St. Paul, MN 55101

Phone Number: 651-296-4973 (Securities) 651-296-2488 (Consumer Protection)

Toll-free: 1-800-657-3602 (MN)

TTY: 651-296-2860

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Utilities Commission

Website: Public Utilities Commission

Address: Public Utilities Commission
Consumer Affairs Office
121 7th Pl. E, Suite 350
St. Paul, MN 55101-2147

Phone Number: 651-296-0406

Toll-free: 1-800-657-3782

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The Free State Only Tax Filing

Free state only tax filing 3. Free state only tax filing   Ordinary or Capital Gain or Loss for Business Property Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Section 1231 Gains and LossesNonrecaptured section 1231 losses. Free state only tax filing Depreciation RecaptureSection 1245 Property Section 1250 Property Installment Sales Gifts Transfers at Death Like-Kind Exchanges and Involuntary Conversions Multiple Properties Introduction When you dispose of business property, your taxable gain or loss is usually a section 1231 gain or loss. Free state only tax filing Its treatment as ordinary or capital is determined under rules for section 1231 transactions. Free state only tax filing When you dispose of depreciable property (section 1245 property or section 1250 property) at a gain, you may have to recognize all or part of the gain as ordinary income under the depreciation recapture rules. Free state only tax filing Any remaining gain is a section 1231 gain. Free state only tax filing Topics - This chapter discusses: Section 1231 gains and losses Depreciation recapture Useful Items - You may want to see: Publication 534 Depreciating Property Placed in Service Before 1987 537 Installment Sales 547 Casualties, Disasters and Thefts 551 Basis of Assets 946 How To Depreciate Property Form (and Instructions) 4797 Sales of Business Property See chapter 5 for information about getting publications and forms. Free state only tax filing Section 1231 Gains and Losses Section 1231 gains and losses are the taxable gains and losses from section 1231 transactions (discussed below). Free state only tax filing Their treatment as ordinary or capital depends on whether you have a net gain or a net loss from all your section 1231 transactions. Free state only tax filing If you have a gain from a section 1231 transaction, first determine whether any of the gain is ordinary income under the depreciation recapture rules (explained later). Free state only tax filing Do not take that gain into account as section 1231 gain. Free state only tax filing Section 1231 transactions. Free state only tax filing   The following transactions result in gain or loss subject to section 1231 treatment. Free state only tax filing Sales or exchanges of real property or depreciable personal property. Free state only tax filing This property must be used in a trade or business and held longer than 1 year. Free state only tax filing Generally, property held for the production of rents or royalties is considered to be used in a trade or business. Free state only tax filing Depreciable personal property includes amortizable section 197 intangibles (described in chapter 2 under Other Dispositions). Free state only tax filing Sales or exchanges of leaseholds. Free state only tax filing The leasehold must be used in a trade or business and held longer than 1 year. Free state only tax filing Sales or exchanges of cattle and horses. Free state only tax filing The cattle and horses must be held for draft, breeding, dairy, or sporting purposes and held for 2 years or longer. Free state only tax filing Sales or exchanges of other livestock. Free state only tax filing This livestock does not include poultry. Free state only tax filing It must be held for draft, breeding, dairy, or sporting purposes and held for 1 year or longer. Free state only tax filing Sales or exchanges of unharvested crops. Free state only tax filing The crop and land must be sold, exchanged, or involuntarily converted at the same time and to the same person and the land must be held longer than 1 year. Free state only tax filing You cannot keep any right or option to directly or indirectly reacquire the land (other than a right customarily incident to a mortgage or other security transaction). Free state only tax filing Growing crops sold with a lease on the land, though sold to the same person in the same transaction, are not included. Free state only tax filing Cutting of timber or disposal of timber, coal, or iron ore. Free state only tax filing The cutting or disposal must be treated as a sale, as described in chapter 2 under Timber and Coal and Iron Ore. Free state only tax filing Condemnations. Free state only tax filing The condemned property must have been held longer than 1 year. Free state only tax filing It must be business property or a capital asset held in connection with a trade or business or a transaction entered into for profit, such as investment property. Free state only tax filing It cannot be property held for personal use. Free state only tax filing Casualties and thefts. Free state only tax filing The casualty or theft must have affected business property, property held for the production of rents and royalties, or investment property (such as notes and bonds). Free state only tax filing You must have held the property longer than 1 year. Free state only tax filing However, if your casualty or theft losses are more than your casualty or theft gains, neither the gains nor the losses are taken into account in the section 1231 computation. Free state only tax filing For more information on casualties and thefts, see Publication 547. Free state only tax filing Property for sale to customers. Free state only tax filing   A sale, exchange, or involuntary conversion of property held mainly for sale to customers is not a section 1231 transaction. Free state only tax filing If you will get back all, or nearly all, of your investment in the property by selling it rather than by using it up in your business, it is property held mainly for sale to customers. Free state only tax filing Example. Free state only tax filing You manufacture and sell steel cable, which you deliver on returnable reels that are depreciable property. Free state only tax filing Customers make deposits on the reels, which you refund if the reels are returned within a year. Free state only tax filing If they are not returned, you keep each deposit as the agreed-upon sales price. Free state only tax filing Most reels are returned within the 1-year period. Free state only tax filing You keep adequate records showing depreciation and other charges to the capitalized cost of the reels. Free state only tax filing Under these conditions, the reels are not property held for sale to customers in the ordinary course of your business. Free state only tax filing Any gain or loss resulting from their not being returned may be capital or ordinary, depending on your section 1231 transactions. Free state only tax filing Copyrights. Free state only tax filing    The sale of a copyright, a literary, musical, or artistic composition, or similar property is not a section 1231 transaction if your personal efforts created the property, or if you acquired the property in a way that entitled you to the basis of the previous owner whose personal efforts created it (for example, if you receive the property as a gift). Free state only tax filing The sale of such property results in ordinary income and generally is reported in Part II of Form 4797. Free state only tax filing Treatment as ordinary or capital. Free state only tax filing   To determine the treatment of section 1231 gains and losses, combine all your section 1231 gains and losses for the year. Free state only tax filing If you have a net section 1231 loss, it is ordinary loss. Free state only tax filing If you have a net section 1231 gain, it is ordinary income up to the amount of your nonrecaptured section 1231 losses from previous years. Free state only tax filing The rest, if any, is long-term capital gain. Free state only tax filing Nonrecaptured section 1231 losses. Free state only tax filing   Your nonrecaptured section 1231 losses are your net section 1231 losses for the previous 5 years that have not been applied against a net section 1231 gain. Free state only tax filing Therefore, if in any of your five preceding tax years you had section 1231 losses, a net gain for the current year from the sale of section 1231 assets is ordinary gain to the extent of your prior losses. Free state only tax filing These losses are applied against your net section 1231 gain beginning with the earliest loss in the 5-year period. Free state only tax filing Example. Free state only tax filing In 2013, Ben has a $2,000 net section 1231 gain. Free state only tax filing To figure how much he has to report as ordinary income and long-term capital gain, he must first determine his section 1231 gains and losses from the previous 5-year period. Free state only tax filing From 2008 through 2012 he had the following section 1231 gains and losses. Free state only tax filing Year Amount 2008 -0- 2009 -0- 2010 ($2,500) 2011 -0- 2012 $1,800 Ben uses this information to figure how to report his net section 1231 gain for 2013 as shown below. Free state only tax filing 1) Net section 1231 gain (2013) $2,000 2) Net section 1231 loss (2010) ($2,500)   3) Net section 1231 gain (2012) 1,800   4) Remaining net section 1231 loss from prior 5 years ($700)   5) Gain treated as  ordinary income $700 6) Gain treated as long-term  capital gain $1,300 Depreciation Recapture If you dispose of depreciable or amortizable property at a gain, you may have to treat all or part of the gain (even if otherwise nontaxable) as ordinary income. Free state only tax filing To figure any gain that must be reported as ordinary income, you must keep permanent records of the facts necessary to figure the depreciation or amortization allowed or allowable on your property. Free state only tax filing This includes the date and manner of acquisition, cost or other basis, depreciation or amortization, and all other adjustments that affect basis. Free state only tax filing On property you acquired in a nontaxable exchange or as a gift, your records also must indicate the following information. Free state only tax filing Whether the adjusted basis was figured using depreciation or amortization you claimed on other property. Free state only tax filing Whether the adjusted basis was figured using depreciation or amortization another person claimed. Free state only tax filing Corporate distributions. Free state only tax filing   For information on property distributed by corporations, see Distributions to Shareholders in Publication 542, Corporations. Free state only tax filing General asset accounts. Free state only tax filing   Different rules apply to dispositions of property you depreciated using a general asset account. Free state only tax filing For information on these rules, see Publication 946. Free state only tax filing Section 1245 Property A gain on the disposition of section 1245 property is treated as ordinary income to the extent of depreciation allowed or allowable on the property. Free state only tax filing See Gain Treated as Ordinary Income, later. Free state only tax filing Any gain recognized that is more than the part that is ordinary income from depreciation is a section 1231 gain. Free state only tax filing See Treatment as ordinary or capital under Section 1231 Gains and Losses, earlier. Free state only tax filing Section 1245 property defined. Free state only tax filing   Section 1245 property includes any property that is or has been subject to an allowance for depreciation or amortization and that is any of the following types of property. Free state only tax filing Personal property (either tangible or intangible). Free state only tax filing Other tangible property (except buildings and their structural components) used as any of the following. Free state only tax filing See Buildings and structural components below. Free state only tax filing An integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services. Free state only tax filing A research facility in any of the activities in (a). Free state only tax filing A facility in any of the activities in (a) for the bulk storage of fungible commodities (discussed on the next page). Free state only tax filing That part of real property (not included in (2)) with an adjusted basis reduced by (but not limited to) the following. Free state only tax filing Amortization of certified pollution control facilities. Free state only tax filing The section 179 expense deduction. Free state only tax filing Deduction for clean-fuel vehicles and certain refueling property. Free state only tax filing Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations. Free state only tax filing Deduction for certain qualified refinery property. Free state only tax filing Deduction for qualified energy efficient commercial building property. Free state only tax filing Amortization of railroad grading and tunnel bores, if in effect before the repeal by the Revenue Reconciliation Act of 1990. Free state only tax filing (Repealed by Public Law 99-514, Tax Reform Act of 1986, section 242(a). Free state only tax filing ) Certain expenditures for child care facilities if in effect before repeal by Public Law 101-58, Omnibus Budget Reconciliation Act of 1990, section 11801(a)(13) (except with regards to deductions made prior to November 5, 1990). Free state only tax filing Expenditures to remove architectural and transportation barriers to the handicapped and elderly. Free state only tax filing Deduction for qualified tertiary injectant expenses. Free state only tax filing Certain reforestation expenditures. Free state only tax filing Deduction for election to expense qualified advanced mine safety equipment property. Free state only tax filing Single purpose agricultural (livestock) or horticultural structures. Free state only tax filing Storage facilities (except buildings and their structural components) used in distributing petroleum or any primary product of petroleum. Free state only tax filing Any railroad grading or tunnel bore. Free state only tax filing Buildings and structural components. Free state only tax filing   Section 1245 property does not include buildings and structural components. Free state only tax filing The term building includes a house, barn, warehouse, or garage. Free state only tax filing The term structural component includes walls, floors, windows, doors, central air conditioning systems, light fixtures, etc. Free state only tax filing   Do not treat a structure that is essentially machinery or equipment as a building or structural component. Free state only tax filing Also, do not treat a structure that houses property used as an integral part of an activity as a building or structural component if the structure's use is so closely related to the property's use that the structure can be expected to be replaced when the property it initially houses is replaced. Free state only tax filing   The fact that the structure is specially designed to withstand the stress and other demands of the property and cannot be used economically for other purposes indicates it is closely related to the use of the property it houses. Free state only tax filing Structures such as oil and gas storage tanks, grain storage bins, silos, fractionating towers, blast furnaces, basic oxygen furnaces, coke ovens, brick kilns, and coal tipples are not treated as buildings, but as section 1245 property. Free state only tax filing Facility for bulk storage of fungible commodities. Free state only tax filing   This term includes oil or gas storage tanks and grain storage bins. Free state only tax filing Bulk storage means the storage of a commodity in a large mass before it is used. Free state only tax filing For example, if a facility is used to store oranges that have been sorted and boxed, it is not used for bulk storage. Free state only tax filing To be fungible, a commodity must be such that one part may be used in place of another. Free state only tax filing   Stored materials that vary in composition, size, and weight are not fungible. Free state only tax filing Materials are not fungible if one part cannot be used in place of another part and the materials cannot be estimated and replaced by simple reference to weight, measure, and number. Free state only tax filing For example, the storage of different grades and forms of aluminum scrap is not storage of fungible commodities. Free state only tax filing Gain Treated as Ordinary Income The gain treated as ordinary income on the sale, exchange, or involuntary conversion of section 1245 property, including a sale and leaseback transaction, is the lesser of the following amounts. Free state only tax filing The depreciation and amortization allowed or allowable on the property. Free state only tax filing The gain realized on the disposition (the amount realized from the disposition minus the adjusted basis of the property). Free state only tax filing A limit on this amount for gain on like-kind exchanges and involuntary conversions is explained later. Free state only tax filing For any other disposition of section 1245 property, ordinary income is the lesser of (1) earlier or the amount by which its fair market value is more than its adjusted basis. Free state only tax filing See Gifts and Transfers at Death, later. Free state only tax filing Use Part III of Form 4797 to figure the ordinary income part of the gain. Free state only tax filing Depreciation taken on other property or taken by other taxpayers. Free state only tax filing   Depreciation and amortization include the amounts you claimed on the section 1245 property as well as the following depreciation and amortization amounts. Free state only tax filing Amounts you claimed on property you exchanged for, or converted to, your section 1245 property in a like-kind exchange or involuntary conversion. Free state only tax filing Amounts a previous owner of the section 1245 property claimed if your basis is determined with reference to that person's adjusted basis (for example, the donor's depreciation deductions on property you received as a gift). Free state only tax filing Depreciation and amortization. Free state only tax filing   Depreciation and amortization that must be recaptured as ordinary income include (but are not limited to) the following items. Free state only tax filing Ordinary depreciation deductions. Free state only tax filing Any special depreciation allowance you claimed. Free state only tax filing Amortization deductions for all the following costs. Free state only tax filing Acquiring a lease. Free state only tax filing Lessee improvements. Free state only tax filing Certified pollution control facilities. Free state only tax filing Certain reforestation expenses. Free state only tax filing Section 197 intangibles. Free state only tax filing Childcare facility expenses made before 1982, if in effect before the repeal of IRC 188. Free state only tax filing Franchises, trademarks, and trade names acquired before August 11, 1993. Free state only tax filing The section 179 deduction. Free state only tax filing Deductions for all the following costs. Free state only tax filing Removing barriers to the disabled and the elderly. Free state only tax filing Tertiary injectant expenses. Free state only tax filing Depreciable clean-fuel vehicles and refueling property (minus the amount of any recaptured deduction). Free state only tax filing Environmental cleanup costs. Free state only tax filing Certain reforestation expenses. Free state only tax filing Qualified disaster expenses. Free state only tax filing Any basis reduction for the investment credit (minus any basis increase for credit recapture). Free state only tax filing Any basis reduction for the qualified electric vehicle credit (minus any basis increase for credit recapture). Free state only tax filing Example. Free state only tax filing You file your returns on a calendar year basis. Free state only tax filing In February 2011, you bought and placed in service for 100% use in your business a light-duty truck (5-year property) that cost $10,000. Free state only tax filing You used the half-year convention and your MACRS deductions for the truck were $2,000 in 2011 and $3,200 in 2012. Free state only tax filing You did not take the section 179 deduction. Free state only tax filing You sold the truck in May 2013 for $7,000. Free state only tax filing The MACRS deduction in 2013, the year of sale, is $960 (½ of $1,920). Free state only tax filing Figure the gain treated as ordinary income as follows. Free state only tax filing 1) Amount realized $7,000 2) Cost (February 2011) $10,000   3) Depreciation allowed or allowable (MACRS deductions: $2,000 + $3,200 + $960) 6,160   4) Adjusted basis (subtract line 3 from line 2) $3,840 5) Gain realized (subtract line 4 from line 1) $3,160 6) Gain treated as ordinary income (lesser of line 3 or line 5) $3,160 Depreciation on other tangible property. Free state only tax filing   You must take into account depreciation during periods when the property was not used as an integral part of an activity or did not constitute a research or storage facility, as described earlier under Section 1245 property. Free state only tax filing   For example, if depreciation deductions taken on certain storage facilities amounted to $10,000, of which $6,000 is from the periods before their use in a prescribed business activity, you must use the entire $10,000 in determining ordinary income from depreciation. Free state only tax filing Depreciation allowed or allowable. Free state only tax filing   The greater of the depreciation allowed or allowable is generally the amount to use in figuring the part of gain to report as ordinary income. Free state only tax filing However, if in prior years, you have consistently taken proper deductions under one method, the amount allowed for your prior years will not be increased even though a greater amount would have been allowed under another proper method. Free state only tax filing If you did not take any deduction at all for depreciation, your adjustments to basis for depreciation allowable are figured by using the straight line method. Free state only tax filing   This treatment applies only when figuring what part of gain is treated as ordinary income under the rules for section 1245 depreciation recapture. Free state only tax filing Multiple asset accounts. Free state only tax filing   In figuring ordinary income from depreciation, you can treat any number of units of section 1245 property in a single depreciation account as one item if the total ordinary income from depreciation figured by using this method is not less than it would be if depreciation on each unit were figured separately. Free state only tax filing Example. Free state only tax filing In one transaction you sold 50 machines, 25 trucks, and certain other property that is not section 1245 property. Free state only tax filing All of the depreciation was recorded in a single depreciation account. Free state only tax filing After dividing the total received among the various assets sold, you figured that each unit of section 1245 property was sold at a gain. Free state only tax filing You can figure the ordinary income from depreciation as if the 50 machines and 25 trucks were one item. Free state only tax filing However, if five of the trucks had been sold at a loss, only the 50 machines and 20 of the trucks could be treated as one item in determining the ordinary income from depreciation. Free state only tax filing Normal retirement. Free state only tax filing   The normal retirement of section 1245 property in multiple asset accounts does not require recognition of gain as ordinary income from depreciation if your method of accounting for asset retirements does not require recognition of that gain. Free state only tax filing Section 1250 Property Gain on the disposition of section 1250 property is treated as ordinary income to the extent of additional depreciation allowed or allowable on the property. Free state only tax filing To determine the additional depreciation on section 1250 property, see Additional Depreciation, below. Free state only tax filing Section 1250 property defined. Free state only tax filing   This includes all real property that is subject to an allowance for depreciation and that is not and never has been section 1245 property. Free state only tax filing It includes a leasehold of land or section 1250 property subject to an allowance for depreciation. Free state only tax filing A fee simple interest in land is not included because it is not depreciable. Free state only tax filing   If your section 1250 property becomes section 1245 property because you change its use, you can never again treat it as section 1250 property. Free state only tax filing Additional Depreciation If you hold section 1250 property longer than 1 year, the additional depreciation is the actual depreciation adjustments that are more than the depreciation figured using the straight line method. Free state only tax filing For a list of items treated as depreciation adjustments, see Depreciation and amortization under Gain Treated as Ordinary Income, earlier. Free state only tax filing For the treatment of unrecaptured section 1250 gain, see Capital Gains Tax Rate, later. Free state only tax filing If you hold section 1250 property for 1 year or less, all the depreciation is additional depreciation. Free state only tax filing You will not have additional depreciation if any of the following conditions apply to the property disposed of. Free state only tax filing You figured depreciation for the property using the straight line method or any other method that does not result in depreciation that is more than the amount figured by the straight line method; you held the property longer than 1 year; and, if the property was qualified property, you made a timely election not to claim any special depreciation allowance. Free state only tax filing In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction for property placed in service before January 1, 2010. Free state only tax filing The property was residential low-income rental property you held for 162/3 years or longer. Free state only tax filing For low-income rental housing on which the special 60-month depreciation for rehabilitation expenses was allowed, the 162/3 years start when the rehabilitated property is placed in service. Free state only tax filing You chose the alternate ACRS method for the property, which was a type of 15-, 18-, or 19-year real property covered by the section 1250 rules. Free state only tax filing The property was residential rental property or nonresidential real property placed in service after 1986 (or after July 31, 1986, if the choice to use MACRS was made); you held it longer than 1 year; and, if the property was qualified property, you made a timely election not to claim any special depreciation allowance. Free state only tax filing These properties are depreciated using the straight line method. Free state only tax filing In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction. Free state only tax filing Depreciation taken by other taxpayers or on other property. Free state only tax filing   Additional depreciation includes all depreciation adjustments to the basis of section 1250 property whether allowed to you or another person (as carryover basis property). Free state only tax filing Example. Free state only tax filing Larry Johnson gives his son section 1250 property on which he took $2,000 in depreciation deductions, of which $500 is additional depreciation. Free state only tax filing Immediately after the gift, the son's adjusted basis in the property is the same as his father's and reflects the $500 additional depreciation. Free state only tax filing On January 1 of the next year, after taking depreciation deductions of $1,000 on the property, of which $200 is additional depreciation, the son sells the property. Free state only tax filing At the time of sale, the additional depreciation is $700 ($500 allowed the father plus $200 allowed the son). Free state only tax filing Depreciation allowed or allowable. Free state only tax filing   The greater of depreciation allowed or allowable (to any person who held the property if the depreciation was used in figuring its adjusted basis in your hands) generally is the amount to use in figuring the part of the gain to be reported as ordinary income. Free state only tax filing If you can show that the deduction allowed for any tax year was less than the amount allowable, the lesser figure will be the depreciation adjustment for figuring additional depreciation. Free state only tax filing Retired or demolished property. Free state only tax filing   The adjustments reflected in adjusted basis generally do not include deductions for depreciation on retired or demolished parts of section 1250 property unless these deductions are reflected in the basis of replacement property that is section 1250 property. Free state only tax filing Example. Free state only tax filing A wing of your building is totally destroyed by fire. Free state only tax filing The depreciation adjustments figured in the adjusted basis of the building after the wing is destroyed do not include any deductions for depreciation on the destroyed wing unless it is replaced and the adjustments for depreciation on it are reflected in the basis of the replacement property. Free state only tax filing Figuring straight line depreciation. Free state only tax filing   The useful life and salvage value you would have used to figure straight line depreciation are the same as those used under the depreciation method you actually used. Free state only tax filing If you did not use a useful life under the depreciation method actually used (such as with the units-of-production method) or if you did not take salvage value into account (such as with the declining balance method), the useful life or salvage value for figuring what would have been the straight line depreciation is the useful life and salvage value you would have used under the straight line method. Free state only tax filing   Salvage value and useful life are not used for the ACRS method of depreciation. Free state only tax filing Figure straight line depreciation for ACRS real property by using its 15-, 18-, or 19-year recovery period as the property's useful life. Free state only tax filing   The straight line method is applied without any basis reduction for the investment credit. Free state only tax filing Property held by lessee. Free state only tax filing   If a lessee makes a leasehold improvement, the lease period for figuring what would have been the straight line depreciation adjustments includes all renewal periods. Free state only tax filing This inclusion of the renewal periods cannot extend the lease period taken into account to a period that is longer than the remaining useful life of the improvement. Free state only tax filing The same rule applies to the cost of acquiring a lease. Free state only tax filing   The term renewal period means any period for which the lease may be renewed, extended, or continued under an option exercisable by the lessee. Free state only tax filing However, the inclusion of renewal periods cannot extend the lease by more than two-thirds of the period that was the basis on which the actual depreciation adjustments were allowed. Free state only tax filing Applicable Percentage The applicable percentage used to figure the ordinary income because of additional depreciation depends on whether the real property you disposed of is nonresidential real property, residential rental property, or low-income housing. Free state only tax filing The percentages for these types of real property are as follows. Free state only tax filing Nonresidential real property. Free state only tax filing   For real property that is not residential rental property, the applicable percentage for periods after 1969 is 100%. Free state only tax filing For periods before 1970, the percentage is zero and no ordinary income because of additional depreciation before 1970 will result from its disposition. Free state only tax filing Residential rental property. Free state only tax filing   For residential rental property (80% or more of the gross income is from dwelling units) other than low-income housing, the applicable percentage for periods after 1975 is 100%. Free state only tax filing The percentage for periods before 1976 is zero. Free state only tax filing Therefore, no ordinary income because of additional depreciation before 1976 will result from a disposition of residential rental property. Free state only tax filing Low-income housing. Free state only tax filing    Low-income housing includes all the following types of residential rental property. Free state only tax filing Federally assisted housing projects if the mortgage is insured under section 221(d)(3) or 236 of the National Housing Act or housing financed or assisted by direct loan or tax abatement under similar provisions of state or local laws. Free state only tax filing Low-income rental housing for which a depreciation deduction for rehabilitation expenses was allowed. Free state only tax filing Low-income rental housing held for occupancy by families or individuals eligible to receive subsidies under section 8 of the United States Housing Act of 1937, as amended, or under provisions of state or local laws that authorize similar subsidies for low-income families. Free state only tax filing Housing financed or assisted by direct loan or insured under Title V of the Housing Act of 1949. Free state only tax filing   The applicable percentage for low-income housing is 100% minus 1% for each full month the property was held over 100 full months. Free state only tax filing If you have held low-income housing at least 16 years and 8 months, the percentage is zero and no ordinary income will result from its disposition. Free state only tax filing Foreclosure. Free state only tax filing   If low-income housing is disposed of because of foreclosure or similar proceedings, the monthly applicable percentage reduction is figured as if you disposed of the property on the starting date of the proceedings. Free state only tax filing Example. Free state only tax filing On June 1, 2001, you acquired low-income housing property. Free state only tax filing On April 3, 2012 (130 months after the property was acquired), foreclosure proceedings were started on the property and on December 3, 2013 (150 months after the property was acquired), the property was disposed of as a result of the foreclosure proceedings. Free state only tax filing The property qualifies for a reduced applicable percentage because it was held more than 100 full months. Free state only tax filing The applicable percentage reduction is 30% (130 months minus 100 months) rather than 50% (150 months minus 100 months) because it does not apply after April 3, 2012, the starting date of the foreclosure proceedings. Free state only tax filing Therefore, 70% of the additional depreciation is treated as ordinary income. Free state only tax filing Holding period. Free state only tax filing   The holding period used to figure the applicable percentage for low-income housing generally starts on the day after you acquired it. Free state only tax filing For example, if you bought low-income housing on January 1, 1997, the holding period starts on January 2, 1997. Free state only tax filing If you sold it on January 2, 2013, the holding period is exactly 192 full months. Free state only tax filing The applicable percentage for additional depreciation is 8%, or 100% minus 1% for each full month the property was held over 100 full months. Free state only tax filing Holding period for constructed, reconstructed, or erected property. Free state only tax filing   The holding period used to figure the applicable percentage for low-income housing you constructed, reconstructed, or erected starts on the first day of the month it is placed in service in a trade or business, in an activity for the production of income, or in a personal activity. Free state only tax filing Property acquired by gift or received in a tax-free transfer. Free state only tax filing   For low-income housing you acquired by gift or in a tax-free transfer the basis of which is figured by reference to the basis in the hands of the transferor, the holding period for the applicable percentage includes the holding period of the transferor. Free state only tax filing   If the adjusted basis of the property in your hands just after acquiring it is more than its adjusted basis to the transferor just before transferring it, the holding period of the difference is figured as if it were a separate improvement. Free state only tax filing See Low-Income Housing With Two or More Elements, next. Free state only tax filing Low-Income Housing With Two or More Elements If you dispose of low-income housing property that has two or more separate elements, the applicable percentage used to figure ordinary income because of additional depreciation may be different for each element. Free state only tax filing The gain to be reported as ordinary income is the sum of the ordinary income figured for each element. Free state only tax filing The following are the types of separate elements. Free state only tax filing A separate improvement (defined below). Free state only tax filing The basic section 1250 property plus improvements not qualifying as separate improvements. Free state only tax filing The units placed in service at different times before all the section 1250 property is finished. Free state only tax filing For example, this happens when a taxpayer builds an apartment building of 100 units and places 30 units in service (available for renting) on January 4, 2011, 50 on July 18, 2011, and the remaining 20 on January 18, 2012. Free state only tax filing As a result, the apartment house consists of three separate elements. Free state only tax filing The 36-month test for separate improvements. Free state only tax filing   A separate improvement is any improvement (qualifying under The 1-year test, below) added to the capital account of the property, but only if the total of the improvements during the 36-month period ending on the last day of any tax year is more than the greatest of the following amounts. Free state only tax filing Twenty-five percent of the adjusted basis of the property at the start of the first day of the 36-month period, or the first day of the holding period of the property, whichever is later. Free state only tax filing Ten percent of the unadjusted basis (adjusted basis plus depreciation and amortization adjustments) of the property at the start of the period determined in (1). Free state only tax filing $5,000. Free state only tax filing The 1-year test. Free state only tax filing   An addition to the capital account for any tax year (including a short tax year) is treated as an improvement only if the sum of all additions for the year is more than the greater of $2,000 or 1% of the unadjusted basis of the property. Free state only tax filing The unadjusted basis is figured as of the start of that tax year or the holding period of the property, whichever is later. Free state only tax filing In applying the 36-month test, improvements in any one of the 3 years are omitted entirely if the total improvements in that year do not qualify under the 1-year test. Free state only tax filing Example. Free state only tax filing The unadjusted basis of a calendar year taxpayer's property was $300,000 on January 1 of this year. Free state only tax filing During the year, the taxpayer made improvements A, B, and C, which cost $1,000, $600, and $700, respectively. Free state only tax filing The sum of the improvements, $2,300, is less than 1% of the unadjusted basis ($3,000), so the improvements do not satisfy the 1-year test and are not treated as improvements for the 36-month test. Free state only tax filing However, if improvement C had cost $1,500, the sum of these improvements would have been $3,100. Free state only tax filing Then, it would be necessary to apply the 36-month test to figure if the improvements must be treated as separate improvements. Free state only tax filing Addition to the capital account. Free state only tax filing   Any addition to the capital account made after the initial acquisition or completion of the property by you or any person who held the property during a period included in your holding period is to be considered when figuring the total amount of separate improvements. Free state only tax filing   The addition to the capital account of depreciable real property is the gross addition not reduced by amounts attributable to replaced property. Free state only tax filing For example, if a roof with an adjusted basis of $20,000 is replaced by a new roof costing $50,000, the improvement is the gross addition to the account, $50,000, and not the net addition of $30,000. Free state only tax filing The $20,000 adjusted basis of the old roof is no longer reflected in the basis of the property. Free state only tax filing The status of an addition to the capital account is not affected by whether it is treated as a separate property for determining depreciation deductions. Free state only tax filing   Whether an expense is treated as an addition to the capital account may depend on the final disposition of the entire property. Free state only tax filing If the expense item property and the basic property are sold in two separate transactions, the entire section 1250 property is treated as consisting of two distinct properties. Free state only tax filing Unadjusted basis. Free state only tax filing   In figuring the unadjusted basis as of a certain date, include the actual cost of all previous additions to the capital account plus those that did not qualify as separate improvements. Free state only tax filing However, the cost of components retired before that date is not included in the unadjusted basis. Free state only tax filing Holding period. Free state only tax filing   Use the following guidelines for figuring the applicable percentage for property with two or more elements. Free state only tax filing The holding period of a separate element placed in service before the entire section 1250 property is finished starts on the first day of the month that the separate element is placed in service. Free state only tax filing The holding period for each separate improvement qualifying as a separate element starts on the day after the improvement is acquired or, for improvements constructed, reconstructed, or erected, the first day of the month that the improvement is placed in service. Free state only tax filing The holding period for each improvement not qualifying as a separate element takes the holding period of the basic property. Free state only tax filing   If an improvement by itself does not meet the 1-year test (greater of $2,000 or 1% of the unadjusted basis), but it does qualify as a separate improvement that is a separate element (when grouped with other improvements made during the tax year), determine the start of its holding period as follows. Free state only tax filing Use the first day of a calendar month that is closest to the middle of the tax year. Free state only tax filing If there are two first days of a month that are equally close to the middle of the year, use the earlier date. Free state only tax filing Figuring ordinary income attributable to each separate element. Free state only tax filing   Figure ordinary income attributable to each separate element as follows. Free state only tax filing   Step 1. Free state only tax filing Divide the element's additional depreciation after 1975 by the sum of all the elements' additional depreciation after 1975 to determine the percentage used in Step 2. Free state only tax filing   Step 2. Free state only tax filing Multiply the percentage figured in Step 1 by the lesser of the additional depreciation after 1975 for the entire property or the gain from disposition of the entire property (the difference between the fair market value or amount realized and the adjusted basis). Free state only tax filing   Step 3. Free state only tax filing Multiply the result in Step 2 by the applicable percentage for the element. Free state only tax filing Example. Free state only tax filing You sold at a gain of $25,000 low-income housing property subject to the ordinary income rules of section 1250. Free state only tax filing The property consisted of four elements (W, X, Y, and Z). Free state only tax filing Step 1. Free state only tax filing The additional depreciation for each element is: W-$12,000; X-None; Y-$6,000; and Z-$6,000. Free state only tax filing The sum of the additional depreciation for all the elements is $24,000. Free state only tax filing Step 2. Free state only tax filing The depreciation deducted on element X was $4,000 less than it would have been under the straight line method. Free state only tax filing Additional depreciation on the property as a whole is $20,000 ($24,000 − $4,000). Free state only tax filing $20,000 is lower than the $25,000 gain on the sale, so $20,000 is used in Step 2. Free state only tax filing Step 3. Free state only tax filing The applicable percentages to be used in Step 3 for the elements are: W-68%; X-85%; Y-92%; and Z-100%. Free state only tax filing From these facts, the sum of the ordinary income for each element is figured as follows. Free state only tax filing   Step 1 Step 2 Step 3 Ordinary Income W . Free state only tax filing 50 $10,000 68% $ 6,800 X -0- -0- 85% -0- Y . Free state only tax filing 25 5,000 92% 4,600 Z . Free state only tax filing 25 5,000 100% 5,000 Sum of ordinary income of separate elements $16,400 Gain Treated as Ordinary Income To find what part of the gain from the disposition of section 1250 property is treated as ordinary income, follow these steps. Free state only tax filing In a sale, exchange, or involuntary conversion of the property, figure the amount realized that is more than the adjusted basis of the property. Free state only tax filing In any other disposition of the property, figure the fair market value that is more than the adjusted basis. Free state only tax filing Figure the additional depreciation for the periods after 1975. Free state only tax filing Multiply the lesser of (1) or (2) by the applicable percentage, discussed earlier under Applicable Percentage. Free state only tax filing Stop here if this is residential rental property or if (2) is equal to or more than (1). Free state only tax filing This is the gain treated as ordinary income because of additional depreciation. Free state only tax filing Subtract (2) from (1). Free state only tax filing Figure the additional depreciation for periods after 1969 but before 1976. Free state only tax filing Add the lesser of (4) or (5) to the result in (3). Free state only tax filing This is the gain treated as ordinary income because of additional depreciation. Free state only tax filing A limit on the amount treated as ordinary income for gain on like-kind exchanges and involuntary conversions is explained later. Free state only tax filing Use Form 4797, Part III, to figure the ordinary income part of the gain. Free state only tax filing Corporations. Free state only tax filing   Corporations, other than S corporations, must recognize an additional amount as ordinary income on the sale or other disposition of section 1250 property. Free state only tax filing The additional amount treated as ordinary income is 20% of the excess of the amount that would have been ordinary income if the property were section 1245 property over the amount treated as ordinary income under section 1250. Free state only tax filing Report this additional ordinary income on Form 4797, Part III, line 26 (f). Free state only tax filing Installment Sales If you report the sale of property under the installment method, any depreciation recapture under section 1245 or 1250 is taxable as ordinary income in the year of sale. Free state only tax filing This applies even if no payments are received in that year. Free state only tax filing If the gain is more than the depreciation recapture income, report the rest of the gain using the rules of the installment method. Free state only tax filing For this purpose, include the recapture income in your installment sale basis to determine your gross profit on the installment sale. Free state only tax filing If you dispose of more than one asset in a single transaction, you must figure the gain on each asset separately so that it may be properly reported. Free state only tax filing To do this, allocate the selling price and the payments you receive in the year of sale to each asset. Free state only tax filing Report any depreciation recapture income in the year of sale before using the installment method for any remaining gain. Free state only tax filing For a detailed discussion of installment sales, see Publication 537. Free state only tax filing Gifts If you make a gift of depreciable personal property or real property, you do not have to report income on the transaction. Free state only tax filing However, if the person who receives it (donee) sells or otherwise disposes of the property in a disposition subject to recapture, the donee must take into account the depreciation you deducted in figuring the gain to be reported as ordinary income. Free state only tax filing For low-income housing, the donee must take into account the donor's holding period to figure the applicable percentage. Free state only tax filing See Applicable Percentage and its discussion Holding period under Section 1250 Property, earlier. Free state only tax filing Part gift and part sale or exchange. Free state only tax filing   If you transfer depreciable personal property or real property for less than its fair market value in a transaction considered to be partly a gift and partly a sale or exchange and you have a gain because the amount realized is more than your adjusted basis, you must report ordinary income (up to the amount of gain) to recapture depreciation. Free state only tax filing If the depreciation (additional depreciation, if section 1250 property) is more than the gain, the balance is carried over to the transferee to be taken into account on any later disposition of the property. Free state only tax filing However, see Bargain sale to charity, later. Free state only tax filing Example. Free state only tax filing You transferred depreciable personal property to your son for $20,000. Free state only tax filing When transferred, the property had an adjusted basis to you of $10,000 and a fair market value of $40,000. Free state only tax filing You took depreciation of $30,000. Free state only tax filing You are considered to have made a gift of $20,000, the difference between the $40,000 fair market value and the $20,000 sale price to your son. Free state only tax filing You have a taxable gain on the transfer of $10,000 ($20,000 sale price minus $10,000 adjusted basis) that must be reported as ordinary income from depreciation. Free state only tax filing You report $10,000 of your $30,000 depreciation as ordinary income on the transfer of the property, so the remaining $20,000 depreciation is carried over to your son for him to take into account on any later disposition of the property. Free state only tax filing Gift to charitable organization. Free state only tax filing   If you give property to a charitable organization, you figure your deduction for your charitable contribution by reducing the fair market value of the property by the ordinary income and short-term capital gain that would have resulted had you sold the property at its fair market value at the time of the contribution. Free state only tax filing Thus, your deduction for depreciable real or personal property given to a charitable organization does not include the potential ordinary gain from depreciation. Free state only tax filing   You also may have to reduce the fair market value of the contributed property by the long-term capital gain (including any section 1231 gain) that would have resulted had the property been sold. Free state only tax filing For more information, see Giving Property That Has Increased in Value in Publication 526. Free state only tax filing Bargain sale to charity. Free state only tax filing   If you transfer section 1245 or section 1250 property to a charitable organization for less than its fair market value and a deduction for the contribution part of the transfer is allowable, your ordinary income from depreciation is figured under different rules. Free state only tax filing First, figure the ordinary income as if you had sold the property at its fair market value. Free state only tax filing Then, allocate that amount between the sale and the contribution parts of the transfer in the same proportion that you allocated your adjusted basis in the property to figure your gain. Free state only tax filing See Bargain Sale under Gain or Loss From Sales and Exchanges in chapter 1. Free state only tax filing Report as ordinary income the lesser of the ordinary income allocated to the sale or your gain from the sale. Free state only tax filing Example. Free state only tax filing You sold section 1245 property in a bargain sale to a charitable organization and are allowed a deduction for your contribution. Free state only tax filing Your gain on the sale was $1,200, figured by allocating 20% of your adjusted basis in the property to the part sold. Free state only tax filing If you had sold the property at its fair market value, your ordinary income would have been $5,000. Free state only tax filing Your ordinary income is $1,000 ($5,000 × 20%) and your section 1231 gain is $200 ($1,200 – $1,000). Free state only tax filing Transfers at Death When a taxpayer dies, no gain is reported on depreciable personal property or real property transferred to his or her estate or beneficiary. Free state only tax filing For information on the tax liability of a decedent, see Publication 559, Survivors, Executors, and Administrators. Free state only tax filing However, if the decedent disposed of the property while alive and, because of his or her method of accounting or for any other reason, the gain from the disposition is reportable by the estate or beneficiary, it must be reported in the same way the decedent would have had to report it if he or she were still alive. Free state only tax filing Ordinary income due to depreciation must be reported on a transfer from an executor, administrator, or trustee to an heir, beneficiary, or other individual if the transfer is a sale or exchange on which gain is realized. Free state only tax filing Example 1. Free state only tax filing Janet Smith owned depreciable property that, upon her death, was inherited by her son. Free state only tax filing No ordinary income from depreciation is reportable on the transfer, even though the value used for estate tax purposes is more than the adjusted basis of the property to Janet when she died. Free state only tax filing However, if she sold the property before her death and realized a gain and if, because of her method of accounting, the proceeds from the sale are income in respect of a decedent reportable by her son, he must report ordinary income from depreciation. Free state only tax filing Example 2. Free state only tax filing The trustee of a trust created by a will transfers depreciable property to a beneficiary in satisfaction of a specific bequest of $10,000. Free state only tax filing If the property had a value of $9,000 at the date used for estate tax valuation purposes, the $1,000 increase in value to the date of distribution is a gain realized by the trust. Free state only tax filing Ordinary income from depreciation must be reported by the trust on the transfer. Free state only tax filing Like-Kind Exchanges and Involuntary Conversions A like-kind exchange of your depreciable property or an involuntary conversion of the property into similar or related property will not result in your having to report ordinary income from depreciation unless money or property other than like-kind, similar, or related property is also received in the transaction. Free state only tax filing For information on like-kind exchanges and involuntary conversions, see chapter 1. Free state only tax filing Depreciable personal property. Free state only tax filing   If you have a gain from either a like-kind exchange or an involuntary conversion of your depreciable personal property, the amount to be reported as ordinary income from depreciation is the amount figured under the rules explained earlier (see Section 1245 Property), limited to the sum of the following amounts. Free state only tax filing The gain that must be included in income under the rules for like-kind exchanges or involuntary conversions. Free state only tax filing The fair market value of the like-kind, similar, or related property other than depreciable personal property acquired in the transaction. Free state only tax filing Example 1. Free state only tax filing You bought a new machine for $4,300 cash plus your old machine for which you were allowed a $1,360 trade-in. Free state only tax filing The old machine cost you $5,000 two years ago. Free state only tax filing You took depreciation deductions of $3,950. Free state only tax filing Even though you deducted depreciation of $3,950, the $310 gain ($1,360 trade-in allowance minus $1,050 adjusted basis) is not reported because it is postponed under the rules for like-kind exchanges and you received only depreciable personal property in the exchange. Free state only tax filing Example 2. Free state only tax filing You bought office machinery for $1,500 two years ago and deducted $780 depreciation. Free state only tax filing This year a fire destroyed the machinery and you received $1,200 from your fire insurance, realizing a gain of $480 ($1,200 − $720 adjusted basis). Free state only tax filing You choose to postpone reporting gain, but replacement machinery cost you only $1,000. Free state only tax filing Your taxable gain under the rules for involuntary conversions is limited to the remaining $200 insurance payment. Free state only tax filing All your replacement property is depreciable personal property, so your ordinary income from depreciation is limited to $200. Free state only tax filing Example 3. Free state only tax filing A fire destroyed office machinery you bought for $116,000. Free state only tax filing The depreciation deductions were $91,640 and the machinery had an adjusted basis of $24,360. Free state only tax filing You received a $117,000 insurance payment, realizing a gain of $92,640. Free state only tax filing You immediately spent $105,000 of the insurance payment for replacement machinery and $9,000 for stock that qualifies as replacement property and you choose to postpone reporting the gain. Free state only tax filing $114,000 of the $117,000 insurance payment was used to buy replacement property, so the gain that must be included in income under the rules for involuntary conversions is the part not spent, or $3,000. Free state only tax filing The part of the insurance payment ($9,000) used to buy the nondepreciable property (the stock) also must be included in figuring the gain from depreciation. Free state only tax filing The amount you must report as ordinary income on the transaction is $12,000, figured as follows. Free state only tax filing 1) Gain realized on the transaction ($92,640) limited to depreciation ($91,640) $91,640 2) Gain includible in income (amount not spent) 3,000     Plus: fair market value of property other than depreciable personal property (the stock) 9,000 12,000 Amount reportable as ordinary income (lesser of (1) or (2)) $12,000   If, instead of buying $9,000 in stock, you bought $9,000 worth of depreciable personal property similar or related in use to the destroyed property, you would only report $3,000 as ordinary income. Free state only tax filing Depreciable real property. Free state only tax filing   If you have a gain from either a like-kind exchange or involuntary conversion of your depreciable real property, ordinary income from additional depreciation is figured under the rules explained earlier (see Section 1250 Property), limited to the greater of the following amounts. Free state only tax filing The gain that must be reported under the rules for like-kind exchanges or involuntary conversions plus the fair market value of stock bought as replacement property in acquiring control of a corporation. Free state only tax filing The gain you would have had to report as ordinary income from additional depreciation had the transaction been a cash sale minus the cost (or fair market value in an exchange) of the depreciable real property acquired. Free state only tax filing   The ordinary income not reported for the year of the disposition is carried over to the depreciable real property acquired in the like-kind exchange or involuntary conversion as additional depreciation from the property disposed of. Free state only tax filing Further, to figure the applicable percentage of additional depreciation to be treated as ordinary income, the holding period starts over for the new property. Free state only tax filing Example. Free state only tax filing The state paid you $116,000 when it condemned your depreciable real property for public use. Free state only tax filing You bought other real property similar in use to the property condemned for $110,000 ($15,000 for depreciable real property and $95,000 for land). Free state only tax filing You also bought stock for $5,000 to get control of a corporation owning property similar in use to the property condemned. Free state only tax filing You choose to postpone reporting the gain. Free state only tax filing If the transaction had been a sale for cash only, under the rules described earlier, $20,000 would have been reportable as ordinary income because of additional depreciation. Free state only tax filing The ordinary income to be reported is $6,000, which is the greater of the following amounts. Free state only tax filing The gain that must be reported under the rules for involuntary conversions, $1,000 ($116,000 − $115,000) plus the fair market value of stock bought as qualified replacement property, $5,000, for a total of $6,000. Free state only tax filing The gain you would have had to report as ordinary income from additional depreciation ($20,000) had this transaction been a cash sale minus the cost of the depreciable real property bought ($15,000), or $5,000. Free state only tax filing   The ordinary income not reported, $14,000 ($20,000 − $6,000), is carried over to the depreciable real property you bought as additional depreciation. Free state only tax filing Basis of property acquired. Free state only tax filing   If the ordinary income you have to report because of additional depreciation is limited, the total basis of the property you acquired is its fair market value (its cost, if bought to replace property involuntarily converted into money) minus the gain postponed. Free state only tax filing   If you acquired more than one item of property, allocate the total basis among the properties in proportion to their fair market value (their cost, in an involuntary conversion into money). Free state only tax filing However, if you acquired both depreciable real property and other property, allocate the total basis as follows. Free state only tax filing Subtract the ordinary income because of additional depreciation that you do not have to report from the fair market value (or cost) of the depreciable real property acquired. Free state only tax filing Add the fair market value (or cost) of the other property acquired to the result in (1). Free state only tax filing Divide the result in (1) by the result in (2). Free state only tax filing Multiply the total basis by the result in (3). Free state only tax filing This is the basis of the depreciable real property acquired. Free state only tax filing If you acquired more than one item of depreciable real property, allocate this basis amount among the properties in proportion to their fair market value (or cost). Free state only tax filing Subtract the result in (4) from the total basis. Free state only tax filing This is the basis of the other property acquired. Free state only tax filing If you acquired more than one item of other property, allocate this basis amount among the properties in proportion to their fair market value (or cost). Free state only tax filing Example 1. Free state only tax filing In 1988, low-income housing property that you acquired and placed in service in 1983 was destroyed by fire and you received a $90,000 insurance payment. Free state only tax filing The property's adjusted basis was $38,400, with additional depreciation of $14,932. Free state only tax filing On December 1, 1988, you used the insurance payment to acquire and place in service replacement low-income housing property. Free state only tax filing Your realized gain from the involuntary conversion was $51,600 ($90,000 − $38,400). Free state only tax filing You chose to postpone reporting the gain under the involuntary conversion rules. Free state only tax filing Under the rules for depreciation recapture on real property, the ordinary gain was $14,932, but you did not have to report any of it because of the limit for involuntary conversions. Free state only tax filing The basis of the replacement low-income housing property was its $90,000 cost minus the $51,600 gain you postponed, or $38,400. Free state only tax filing The $14,932 ordinary gain you did not report is treated as additional depreciation on the replacement property. Free state only tax filing If you sold the property in 2013, your holding period for figuring the applicable percentage of additional depreciation to report as ordinary income will have begun December 2, 1988, the day after you acquired the property. Free state only tax filing Example 2. Free state only tax filing John Adams received a $90,000 fire insurance payment for depreciable real property (office building) with an adjusted basis of $30,000. Free state only tax filing He uses the whole payment to buy property similar in use, spending $42,000 for depreciable real property and $48,000 for land. Free state only tax filing He chooses to postpone reporting the $60,000 gain realized on the involuntary conversion. Free state only tax filing Of this gain, $10,000 is ordinary income from additional depreciation but is not reported because of the limit for involuntary conversions of depreciable real property. Free state only tax filing The basis of the property bought is $30,000 ($90,000 − $60,000), allocated as follows. Free state only tax filing The $42,000 cost of depreciable real property minus $10,000 ordinary income not reported is $32,000. Free state only tax filing The $48,000 cost of other property (land) plus the $32,000 figured in (1) is $80,000. Free state only tax filing The $32,000 figured in (1) divided by the $80,000 figured in (2) is 0. Free state only tax filing 4. Free state only tax filing The basis of the depreciable real property is $12,000. Free state only tax filing This is the $30,000 total basis multiplied by the 0. Free state only tax filing 4 figured in (3). Free state only tax filing The basis of the other property (land) is $18,000. Free state only tax filing This is the $30,000 total basis minus the $12,000 figured in (4). Free state only tax filing The ordinary income that is not reported ($10,000) is carried over as additional depreciation to the depreciable real property that was bought and may be taxed as ordinary income on a later disposition. Free state only tax filing Multiple Properties If you dispose of depreciable property and other property in one transaction and realize a gain, you must allocate the amount realized between the two types of property in proportion to their respective fair market values to figure the part of your gain to be reported as ordinary income from depreciation. Free state only tax filing Different rules may apply to the allocation of the amount realized on the sale of a business that includes a group of assets. Free state only tax filing See chapter 2. Free state only tax filing In general, if a buyer and seller have adverse interests as to the allocation of the amount realized between the depreciable property and other property, any arm's length agreement between them will establish the allocation. Free state only tax filing In the absence of an agreement, the allocation should be made by taking into account the appropriate facts and circumstances. Free state only tax filing These include, but are not limited to, a comparison between the depreciable property and all the other property being disposed of in the transaction. Free state only tax filing The comparison should take into account all the following facts and circumstances. Free state only tax filing The original cost and reproduction cost of construction, erection, or production. Free state only tax filing The remaining economic useful life. Free state only tax filing The state of obsolescence. Free state only tax filing The anticipated expenditures required to maintain, renovate, or modernize the properties. Free state only tax filing Like-kind exchanges and involuntary conversions. Free state only tax filing   If you dispose of and acquire depreciable personal property and other property (other than depreciable real property) in a like-kind exchange or involuntary conversion, the amount realized is allocated in the following way. Free state only tax filing The amount allocated to the depreciable personal property disposed of is treated as consisting of, first, the fair market value of the depreciable personal property acquired and, second (to the extent of any remaining balance), the fair market value of the other property acquired. Free state only tax filing The amount allocated to the other property disposed of is treated as consisting of the fair market value of all property acquired that has not already been taken into account. Free state only tax filing   If you dispose of and acquire depreciable real property and other property in a like-kind exchange or involuntary conversion, the amount realized is allocated in the following way. Free state only tax filing The amount allocated to each of the three types of property (depreciable real property, depreciable personal property, or other property) disposed of is treated as consisting of, first, the fair market value of that type of property acquired and, second (to the extent of any remaining balance), any excess fair market value of the other types of property acquired. Free state only tax filing If the excess fair market value is more than the remaining balance of the amount realized and is from both of the other two types of property, you can apply the unallocated amount in any manner you choose. Free state only tax filing Example. Free state only tax filing A fire destroyed your property with a total fair market value of $50,000. Free state only tax filing It consisted of machinery worth $30,000 and nondepreciable property worth $20,000. Free state only tax filing You received an insurance payment of $40,000 and immediately used it with $10,000 of your own funds (for a total of $50,000) to buy machinery with a fair market value of $15,000 and nondepreciable property with a fair market value of $35,000. Free state only tax filing The adjusted basis of the destroyed machinery was $5,000 and your depreciation on it was $35,000. Free state only tax filing You choose to postpone reporting your gain from the involuntary conversion. Free state only tax filing You must report $9,000 as ordinary income from depreciation arising from this transaction, figured as follows. Free state only tax filing The $40,000 insurance payment must be allocated between the machinery and the other property destroyed in proportion to the fair market value of each. Free state only tax filing The amount allocated to the machinery is 30,000/50,000 × $40,000, or $24,000. Free state only tax filing The amount allocated to the other property is 20,000/50,000 × $40,000, or $16,000. Free state only tax filing Your gain on the involuntary conversion of the machinery is $24,000 minus $5,000 adjusted basis, or $19,000. Free state only tax filing The $24,000 allocated to the machinery disposed of is treated as consisting of the $15,000 fair market value of the replacement machinery bought and $9,000 of the fair market value of other property bought in the transaction. Free state only tax filing All $16,000 allocated to the other property disposed of is treated as consisting of the fair market value of the other property that was bought. Free state only tax filing Your potential ordinary income from depreciation is $19,000, the gain on the machinery, because it is less than the $35,000 depreciation. Free state only tax filing However, the amount you must report as ordinary income is limited to the $9,000 included in the amount realized for the machinery that represents the fair market value of property other than the depreciable property you bought. Free state only tax filing Prev  Up  Next   Home   More Online Publications