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Freestatetax 8. Freestatetax   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. Freestatetax Ordinary gain is taxed at the same rates as wages and interest income while capital gain is generally taxed at lower rates. Freestatetax 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. Freestatetax 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. Freestatetax Sales and Exchanges If you sell, exchange, or otherwise dispose of your property, you usually have a gain or a loss. Freestatetax This section explains certain rules for determining whether any gain you have is taxable, and whether any loss you have is deductible. Freestatetax A sale is a transfer of property for money or a mortgage, note, or other promise to pay money. Freestatetax An exchange is a transfer of property for other property or services. Freestatetax Determining Gain or Loss You usually realize a gain or loss when you sell or exchange property. Freestatetax If the amount you realize from a sale or exchange of property is more than its adjusted basis, you will have a gain. Freestatetax If the adjusted basis of the property is more than the amount you realize, you will have a loss. Freestatetax Basis and adjusted basis. Freestatetax   The basis of property you buy is usually its cost. Freestatetax The adjusted basis of property is basis plus certain additions and minus certain deductions. Freestatetax See chapter 6 for more information about basis and adjusted basis. Freestatetax Amount realized. Freestatetax   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. Freestatetax 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. Freestatetax   If the liabilities relate to an exchange of multiple properties, see Multiple Property Exchanges in chapter 1 of Publication 544. Freestatetax Amount recognized. Freestatetax   Your gain or loss realized from a sale or exchange of certain property is usually a recognized gain or loss for tax purposes. Freestatetax A recognized gain is a gain you must include in gross income and report on your income tax return. Freestatetax A recognized loss is a loss you deduct from gross income. Freestatetax However, your gain or loss realized from the exchange of certain property may not be recognized for tax purposes. Freestatetax See Like-Kind Exchanges next. Freestatetax Also, a loss from the disposition of property held for personal use is not deductible. Freestatetax Like-Kind Exchanges Certain exchanges of property are not taxable. Freestatetax This means any gain from the exchange is not recognized, and any loss cannot be deducted. Freestatetax Your gain or loss will not be recognized until you sell or otherwise dispose of the property you receive. Freestatetax The exchange of property for the same kind of property is the most common type of nontaxable exchange. Freestatetax To qualify for treatment as a like-kind exchange, the property traded and the property received must be both of the following. Freestatetax Qualifying property. Freestatetax Like-kind property. Freestatetax These two requirements are discussed later. Freestatetax Multiple-party transactions. Freestatetax   The like-kind exchange rules also apply to property exchanges that involve three and four-party transactions. Freestatetax Any part of these multiple-party transactions can qualify as a like-kind exchange if it meets all the requirements described in this section. Freestatetax Receipt of title from third party. Freestatetax   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. Freestatetax Basis of property received. Freestatetax   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. Freestatetax See chapter 6 for more information. Freestatetax Money paid. Freestatetax   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. Freestatetax The basis of the property received is the basis of the property given up, increased by the money paid. Freestatetax Example. Freestatetax You traded an old tractor with an adjusted basis of $15,000 for a new one. Freestatetax The new tractor costs $300,000. Freestatetax You were allowed $80,000 for the old tractor and paid $220,000 cash. Freestatetax 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). Freestatetax 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. Freestatetax 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. Freestatetax Reporting the exchange. Freestatetax   Report the exchange of like-kind property, even though no gain or loss is recognized, on Form 8824, Like-Kind Exchanges. Freestatetax The Instructions for Form 8824 explain how to report the details of the exchange. Freestatetax   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. Freestatetax You may also have to report the recognized gain as ordinary income because of depreciation recapture on Form 4797. Freestatetax See chapter 9 for more information. Freestatetax Qualifying property. Freestatetax   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. Freestatetax Machinery, buildings, land, trucks, breeding livestock, rental houses, and certain mutual ditch, reservoir, or irrigation company stock are examples of property that may qualify. Freestatetax Nonqualifying property. Freestatetax   The rules for like-kind exchanges do not apply to exchanges of the following property. Freestatetax Property you use for personal purposes, such as your home and family car. Freestatetax Stock in trade or other property held primarily for sale, such as crops and produce. Freestatetax Stocks, bonds, or notes. Freestatetax However, see Qualifying property above. Freestatetax Other securities or evidences of indebtedness, such as accounts receivable. Freestatetax Partnership interests. Freestatetax However, you may have a nontaxable exchange under other rules. Freestatetax See Other Nontaxable Exchanges in chapter 1 of Publication 544. Freestatetax Like-kind property. Freestatetax   To qualify as a nontaxable exchange, the properties exchanged must be of like kind. Freestatetax Like-kind properties are properties of the same nature or character, even if they differ in grade or quality. Freestatetax Generally, real property exchanged for real property qualifies as an exchange of like-kind property. Freestatetax For example, an exchange of city property for farm property or improved property for unimproved property is a like-kind exchange. Freestatetax   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. Freestatetax An exchange of a tractor for acreage, however, is not an exchange of like-kind property. Freestatetax The exchange of livestock of one sex for livestock of the other sex is not a like-kind exchange. Freestatetax For example, the exchange of a bull for a cow is not a like-kind exchange. Freestatetax 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. Freestatetax    Note. Freestatetax Whether you engaged in a like-kind exchange depends on an analysis of each asset involved in the exchange. Freestatetax Personal property. Freestatetax   Depreciable tangible personal property can be either like kind or like class to qualify for nontaxable exchange treatment. Freestatetax Like-class properties are depreciable tangible personal properties within the same General Asset Class or Product Class. Freestatetax Property classified in any General Asset Class may not be classified within a Product Class. Freestatetax Assets that are not in the same class will qualify as like-kind property if they are of the same nature or character. Freestatetax General Asset Classes. Freestatetax   General Asset Classes describe the types of property frequently used in many businesses. Freestatetax They include, but are not limited to, the following property. Freestatetax Office furniture, fixtures, and equipment (asset class 00. Freestatetax 11). Freestatetax Information systems, such as computers and peripheral equipment (asset class 00. Freestatetax 12). Freestatetax Data handling equipment except computers (asset class 00. Freestatetax 13). Freestatetax Automobiles and taxis (asset class 00. Freestatetax 22). Freestatetax Light general purpose trucks (asset class 00. Freestatetax 241). Freestatetax Heavy general purpose trucks (asset class 00. Freestatetax 242). Freestatetax Tractor units for use over-the-road (asset class 00. Freestatetax 26). Freestatetax Trailers and trailer-mounted containers (asset class 00. Freestatetax 27). Freestatetax Industrial steam and electric generation and/or distribution systems (asset class 00. Freestatetax 4). Freestatetax Product Classes. Freestatetax   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). Freestatetax The latest version of the manual can be accessed at www. Freestatetax census. Freestatetax gov/eos/www/naics/. Freestatetax Copies of the printed manual may be purchased from the National Technical Information Service (NTIS) at  www. Freestatetax ntis. Freestatetax gov/products/naics. Freestatetax aspx or by calling 1-800-553-NTIS (1-800-553-6847) or (703) 605-6000. Freestatetax A CD-ROM version with search and retrieval software is also available from NTIS. Freestatetax    NAICS class 333111, Farm Machinery and Equipment Manufacturing, includes most machinery and equipment used in a farming business. Freestatetax Partially nontaxable exchange. Freestatetax   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. Freestatetax 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. Freestatetax A loss is not deductible. Freestatetax Example 1. Freestatetax 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. Freestatetax 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). Freestatetax However, only $10,000, the cash received, is recognized (included in income). Freestatetax Example 2. Freestatetax Assume the same facts as in Example 1, except that, instead of money, you received a tractor with a FMV of $10,000. Freestatetax Your recognized gain is still limited to $10,000, the value of the tractor (the unlike property). Freestatetax Example 3. Freestatetax Assume in Example 1 that the FMV of the land you received was only $15,000. Freestatetax Your $5,000 loss is not recognized. Freestatetax Unlike property given up. Freestatetax   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. Freestatetax The gain or loss is the difference between the FMV of the unlike property and the adjusted basis of the unlike property. Freestatetax Like-kind exchanges between related persons. Freestatetax   Special rules apply to like-kind exchanges between related persons. Freestatetax These rules affect both direct and indirect exchanges. Freestatetax Under these rules, if either person disposes of the property within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. Freestatetax The gain or loss on the original exchange must be recognized as of the date of the later disposition. Freestatetax The 2-year holding period begins on the date of the last transfer of property that was part of the like-kind exchange. Freestatetax Related persons. Freestatetax   Under these rules, related persons include, for example, you and a member of your family (spouse, brother, sister, parent, child, etc. Freestatetax ), 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. Freestatetax   For the complete list of related persons, see Related persons in chapter 2 of Publication 544. Freestatetax Example. Freestatetax You used a grey pickup truck in your farming business. Freestatetax Your sister used a red pickup truck in her landscaping business. Freestatetax In December 2012, you exchanged your grey pickup truck, plus $200, for your sister's red pickup truck. Freestatetax At that time, the FMV of the grey pickup truck was $7,000 and its adjusted basis was $6,000. Freestatetax The FMV of the red pickup truck was $7,200 and its adjusted basis was $1,000. Freestatetax 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). Freestatetax 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). Freestatetax However, because this was a like-kind exchange, you recognized no gain. Freestatetax 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). Freestatetax She recognized gain only to the extent of the money she received, $200. Freestatetax 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). Freestatetax In 2013, you sold the red pickup truck to a third party for $7,000. Freestatetax Because you sold it within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. Freestatetax On your tax return for 2013, you must report your $1,000 gain on the 2012 exchange. Freestatetax 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). Freestatetax In addition, your sister must report on her tax return for 2013 the $6,000 balance of her gain on the 2012 exchange. Freestatetax Her adjusted basis in the grey pickup truck is increased to $7,000 (its $1,000 basis plus the $6,000 gain recognized). Freestatetax Exceptions to the rules for related persons. Freestatetax   The following property dispositions are excluded from these rules. Freestatetax Dispositions due to the death of either related person. Freestatetax Involuntary conversions. Freestatetax 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. Freestatetax Multiple property exchanges. Freestatetax   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. Freestatetax However, for exchanges of multiple properties, you do not make a property-by-property comparison if you do either of the following. Freestatetax Transfer and receive properties in two or more exchange groups. Freestatetax Transfer or receive more than one property within a single exchange group. Freestatetax   For more information, see Multiple Property Exchanges in chapter 1 of Publication 544. Freestatetax Deferred exchange. Freestatetax   A deferred exchange for like-kind property may qualify for nonrecognition of gain or loss. Freestatetax 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. Freestatetax The property you receive is replacement property. Freestatetax The transaction must be an exchange of property for property rather than a transfer of property for money used to buy replacement property. Freestatetax In addition, the replacement property will not be treated as like-kind property unless certain identification and receipt requirements are met. Freestatetax   For more information see Deferred Exchanges in chapter 1 of Publication 544. Freestatetax 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. Freestatetax This rule does not apply if the recipient is a nonresident alien. Freestatetax 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. Freestatetax 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. Freestatetax The recipient's basis in the property will be the same as the adjusted basis of the giver immediately before the transfer. Freestatetax 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. Freestatetax This rule applies for determining loss as well as gain. Freestatetax Any gain recognized on a transfer in trust increases the basis. Freestatetax For more information on transfers of property incident to divorce, see Property Settlements in Publication 504, Divorced or Separated Individuals. Freestatetax 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). Freestatetax You may also have a capital gain if your section 1231 transactions result in a net gain. Freestatetax See Section 1231 Gains and Losses in  chapter 9. Freestatetax 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). Freestatetax Your net capital gains may be taxed at a lower tax rate than ordinary income. Freestatetax See Capital Gains Tax Rates , later. Freestatetax Your deduction for a net capital loss may be limited. Freestatetax See Treatment of Capital Losses , later. Freestatetax Capital Assets Almost everything you own and use for personal purposes or investment is a capital asset. Freestatetax The following items are examples of capital assets. Freestatetax A home owned and occupied by you and your family. Freestatetax Household furnishings. Freestatetax A car used for pleasure. Freestatetax 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. Freestatetax Stocks and bonds. Freestatetax However, there are special rules for gains on qualified small business stock. Freestatetax 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. Freestatetax Personal-use property. Freestatetax   Gain from a sale or exchange of personal-use property is a capital gain and is taxable. Freestatetax Loss from the sale or exchange of personal-use property is not deductible. Freestatetax You can deduct a loss relating to personal-use property only if it results from a casualty or theft. Freestatetax For information on casualties and thefts, see chapter 11. Freestatetax 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. Freestatetax The time you own an asset before disposing of it is the holding period. Freestatetax If you hold a capital asset 1 year or less, the gain or loss resulting from its disposition is short term. Freestatetax Report it in Part I of Schedule D (Form 1040). Freestatetax If you hold a capital asset longer than 1 year, the gain or loss resulting from its disposition is long term. Freestatetax Report it in Part II of Schedule D (Form 1040). Freestatetax Holding period. Freestatetax   To figure if you held property longer than 1 year, start counting on the day after the day you acquired the property. Freestatetax The day you disposed of the property is part of your holding period. Freestatetax Example. Freestatetax If you bought an asset on June 19, 2012, you should start counting on June 20, 2012. Freestatetax 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. Freestatetax Inherited property. Freestatetax   If you inherit property, you are considered to have held the property longer than 1 year, regardless of how long you actually held it. Freestatetax This rule does not apply to livestock used in a farm business. Freestatetax See Holding period under Livestock , later. Freestatetax Nonbusiness bad debt. Freestatetax   A nonbusiness bad debt is a short-term capital loss, deductible in the year the debt becomes worthless. Freestatetax See chapter 4 of Publication 550. Freestatetax Nontaxable exchange. Freestatetax   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. Freestatetax That is, it begins on the same day as your holding period for the old property. Freestatetax Gift. Freestatetax   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. Freestatetax Real property. Freestatetax   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. Freestatetax   However, taking possession of real property under an option agreement is not enough to start the holding period. Freestatetax The holding period cannot start until there is an actual contract of sale. Freestatetax The holding period of the seller cannot end before that time. Freestatetax 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. Freestatetax Net short-term capital gain or loss. Freestatetax   Combine your short-term capital gains and losses. Freestatetax Do this by adding all of your short-term capital gains. Freestatetax Then add all of your short-term capital losses. Freestatetax Subtract the lesser total from the greater. Freestatetax The difference is your net short-term capital gain or loss. Freestatetax Net long-term capital gain or loss. Freestatetax   Follow the same steps to combine your long-term capital gains and losses. Freestatetax The result is your net long-term capital gain or loss. Freestatetax Net gain. Freestatetax   If the total of your capital gains is more than the total of your capital losses, the difference is taxable. Freestatetax 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. Freestatetax See Capital Gains Tax Rates , later. Freestatetax Net loss. Freestatetax   If the total of your capital losses is more than the total of your capital gains, the difference is deductible. Freestatetax But there are limits on how much loss you can deduct and when you can deduct it. Freestatetax See Treatment of Capital Losses next. Freestatetax 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. Freestatetax 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). Freestatetax If your other income is low, you may not be able to use the full $3,000. Freestatetax The part of the $3,000 you cannot use becomes part of your capital loss carryover (discussed next). Freestatetax Capital loss carryover. Freestatetax   Generally, you have a capital loss carryover if either of the following situations applies to you. Freestatetax Your net loss on Schedule D (Form 1040), is more than the yearly limit. Freestatetax Your taxable income without your deduction for exemptions is less than zero. Freestatetax 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. Freestatetax    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). Freestatetax 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. Freestatetax These lower rates are called the maximum capital gains rates. Freestatetax 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. Freestatetax See Schedule D (Form 1040) and the Instructions for Schedule D (Form 1040). Freestatetax Also see Publication 550. Freestatetax Noncapital Assets Noncapital assets include property such as inventory and depreciable property used in a trade or business. Freestatetax A list of properties that are not capital assets is provided in the Instructions for Schedule D (Form 1040). Freestatetax Property held for sale in the ordinary course of your farm business. Freestatetax   Property you hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is a noncapital asset. Freestatetax 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). Freestatetax The treatment of this property is discussed in chapter 3. Freestatetax Land and depreciable properties. Freestatetax   Land and depreciable property you use in farming are not capital assets. Freestatetax Noncapital assets also include livestock held for draft, breeding, dairy, or sporting purposes. Freestatetax 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. Freestatetax The sales of these business assets are reported on Form 4797. Freestatetax See chapter 9 for more information. Freestatetax 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. Freestatetax Ordinary property or obligations are those that cannot produce capital gain or loss if sold or exchanged. Freestatetax 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. Freestatetax 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. Freestatetax A forward contract is generally similar to a futures contract except that the terms are not standardized and the contract is not exchange traded. Freestatetax Businesses may enter into commodity futures contracts or forward contracts and may acquire options on commodity futures contracts as either of the following. Freestatetax Hedging transactions. Freestatetax Transactions that are not hedging transactions. Freestatetax 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. Freestatetax There is a limit on the amount of capital losses you can deduct each year. Freestatetax Hedging transactions are not subject to the mark-to-market rules. Freestatetax 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. Freestatetax 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. Freestatetax The gain or loss on the termination of these hedges is generally ordinary gain or loss. Freestatetax 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. Freestatetax 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. Freestatetax Examples include fuel and feed. Freestatetax If you have numerous transactions in the commodity futures market during the year, you must be able to show which transactions are hedging transactions. Freestatetax Clearly identify a hedging transaction on your books and records before the end of the day you entered into the transaction. Freestatetax It may be helpful to have separate brokerage accounts for your hedging and speculation transactions. Freestatetax Retain the identification of each hedging transaction with your books and records. Freestatetax Also, identify the item(s) or aggregate risk that is being hedged in your records. Freestatetax 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. Freestatetax 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. Freestatetax Accounting methods for hedging transactions. Freestatetax   The accounting method you use for a hedging transaction must clearly reflect income. Freestatetax 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. Freestatetax There are requirements and limits on the method you can use for certain hedging transactions. Freestatetax See Regulations section 1. Freestatetax 446-4(e) for those requirements and limits. Freestatetax   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. Freestatetax Cash method. Freestatetax Farm-price method. Freestatetax Unit-livestock-price method. Freestatetax   Once you adopt a method, you must apply it consistently and must have IRS approval before changing it. Freestatetax   Your books and records must describe the accounting method used for each type of hedging transaction. Freestatetax They must also contain any additional identification necessary to verify the application of the accounting method you used for the transaction. Freestatetax You must make the additional identification no more than 35 days after entering into the hedging transaction. Freestatetax Example of a hedging transaction. Freestatetax   You file your income tax returns on the cash method. Freestatetax On July 2 you anticipate a yield of 50,000 bushels of corn this year. Freestatetax The December futures price is $5. Freestatetax 75 a bushel, but there are indications that by harvest time the price will drop. Freestatetax To protect yourself against a drop in the price, you enter into the following hedging transaction. Freestatetax You sell ten December futures contracts of 5,000 bushels each for a total of 50,000 bushels of corn at $5. Freestatetax 75 a bushel. Freestatetax   The price did not drop as anticipated but rose to $6 a bushel. Freestatetax In November, you sell your crop at a local elevator for $6 a bushel. Freestatetax You also close out your futures position by buying ten December contracts for $6 a bushel. Freestatetax You paid a broker's commission of $1,400 ($70 per contract) for the complete in and out position in the futures market. Freestatetax   The result is that the price of corn rose 25 cents a bushel and the actual selling price is $6 a bushel. Freestatetax Your loss on the hedge is 25 cents a bushel. Freestatetax In effect, the net selling price of your corn is $5. Freestatetax 75 a bushel. Freestatetax   Report the results of your futures transactions and your sale of corn separately on Schedule F. Freestatetax See the instructions for the 2013 Schedule F (Form 1040). Freestatetax   The loss on your futures transactions is $13,900, figured as follows. Freestatetax July 2 - Sold December corn futures (50,000 bu. Freestatetax @$5. Freestatetax 75) $287,500 November 6 - Bought December corn futures (50,000 bu. Freestatetax @$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. Freestatetax   The proceeds from your corn sale at the local elevator are $300,000 (50,000 bu. Freestatetax × $6). Freestatetax Report it on Schedule F, Part I, line 2, as income from sales of products you raised. Freestatetax   Assume you were right and the price went down 25 cents a bushel. Freestatetax In effect, you would still net $5. Freestatetax 75 a bushel, figured as follows. Freestatetax Sold cash corn, per bushel $5. Freestatetax 50 Gain on hedge, per bushel . Freestatetax 25 Net price, per bushel $5. Freestatetax 75       The gain on your futures transactions would have been $11,100, figured as follows. Freestatetax July 2 - Sold December corn futures (50,000 bu. Freestatetax @$5. Freestatetax 75) $287,500 November 6 - Bought December corn futures (50,000 bu. Freestatetax @$5. Freestatetax 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. Freestatetax   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. Freestatetax Livestock This part discusses the sale or exchange of livestock used in your farm business. Freestatetax Gain or loss from the sale or exchange of this livestock may qualify as a section 1231 gain or loss. Freestatetax However, any part of the gain that is ordinary income from the recapture of depreciation is not included as section 1231 gain. Freestatetax See chapter 9 for more information on section 1231 gains and losses and the recapture of depreciation under section 1245. Freestatetax The rules discussed here do not apply to the sale of livestock held primarily for sale to customers. Freestatetax The sale of this livestock is reported on Schedule F. Freestatetax See chapter 3. Freestatetax Also, special rules apply to sales or exchanges caused by weather-related conditions. Freestatetax See chapter 3. Freestatetax Holding period. Freestatetax   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). Freestatetax Livestock. Freestatetax   For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals, and other mammals. Freestatetax Also, for section 1231 transactions, livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas, or other birds, fish, frogs, reptiles, etc. Freestatetax Livestock used in farm business. Freestatetax   If livestock is held primarily for draft, breeding, dairy, or sporting purposes, it is used in your farm business. Freestatetax The purpose for which an animal is held ordinarily is determined by a farmer's actual use of the animal. Freestatetax 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. Freestatetax 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. Freestatetax Example 1. Freestatetax You discover an animal that you intend to use for breeding purposes is sterile. Freestatetax You dispose of it within a reasonable time. Freestatetax This animal was held for breeding purposes. Freestatetax Example 2. Freestatetax 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. Freestatetax These young animals were held for breeding or dairy purposes. Freestatetax 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. Freestatetax See Sales Caused by Weather-Related Conditions in chapter 3. Freestatetax Example 3. Freestatetax You are in the business of raising hogs for slaughter. Freestatetax Customarily, before selling your sows, you obtain a single litter of pigs that you will raise for sale. Freestatetax You sell the brood sows after obtaining the litter. Freestatetax 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. Freestatetax Example 4. Freestatetax You are in the business of raising registered cattle for sale to others for use as breeding cattle. Freestatetax The business practice is to breed the cattle before sale to establish their fitness as registered breeding cattle. Freestatetax Your use of the young cattle for breeding purposes is ordinary and necessary for selling them as registered breeding cattle. Freestatetax Such use does not demonstrate that you are holding the cattle for breeding purposes. Freestatetax 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. Freestatetax The same applies to hog and sheep breeders. Freestatetax Example 5. Freestatetax You breed, raise, and train horses for racing purposes. Freestatetax Every year you cull horses from your racing stable. Freestatetax 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. Freestatetax These horses are all considered held for sporting purposes. Freestatetax Figuring gain or loss on the cash method. Freestatetax   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. Freestatetax Raised livestock. Freestatetax   Gain on the sale of raised livestock is generally the gross sales price reduced by any expenses of the sale. Freestatetax Expenses of sale include sales commissions, freight or hauling from farm to commission company, and other similar expenses. Freestatetax The basis of the animal sold is zero if the costs of raising it were deducted during the years the animal was being raised. Freestatetax However, see Uniform Capitalization Rules in chapter 6. Freestatetax Purchased livestock. Freestatetax   The gross sales price minus your adjusted basis and any expenses of sale is the gain or loss. Freestatetax Example. Freestatetax A farmer sold a breeding cow on January 8, 2013, for $1,250. Freestatetax Expenses of the sale were $125. Freestatetax The cow was bought July 2, 2009, for $1,300. Freestatetax Depreciation (not less than the amount allowable) was $867. Freestatetax 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. Freestatetax Any gain realized on the disposition of converted wetland or highly erodible cropland is treated as ordinary income. Freestatetax Any loss on the disposition of such property is treated as a long-term capital loss. Freestatetax Converted wetland. Freestatetax   This is generally land that was drained or filled to make the production of agricultural commodities possible. Freestatetax 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. Freestatetax   A wetland (before conversion) is land that meets all the following conditions. Freestatetax 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. Freestatetax 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. Freestatetax It supports, under normal circumstances, mostly plants that grow in saturated soil. Freestatetax Highly erodible cropland. Freestatetax   This is cropland subject to erosion that you used at any time for farming purposes other than grazing animals. Freestatetax Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. Freestatetax 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. Freestatetax Successor. Freestatetax   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. Freestatetax Timber Standing timber you held as investment property is a capital asset. Freestatetax Gain or loss from its sale is capital gain or loss reported on Form 8949 and Schedule D (Form 1040), as applicable. Freestatetax If you held the timber primarily for sale to customers, it is not a capital asset. Freestatetax Gain or loss on its sale is ordinary business income or loss. Freestatetax It is reported on Schedule F, line 1 (purchased timber) or line 2 (raised timber). Freestatetax See the Instructions for Schedule F (Form 1040). Freestatetax 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. Freestatetax Amounts realized from these sales, and the expenses incurred in cutting, hauling, etc. Freestatetax , are ordinary farm income and expenses reported on Schedule F. Freestatetax 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. Freestatetax Timber considered cut. Freestatetax   Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. Freestatetax This is true whether the timber is cut under contract or whether you cut it yourself. Freestatetax Christmas trees. Freestatetax   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. Freestatetax They qualify for both rules discussed below. Freestatetax Election to treat cutting as a sale or exchange. Freestatetax   Under the general rule, the cutting of timber results in no gain or loss. Freestatetax It is not until a sale or exchange occurs that gain or loss is realized. Freestatetax 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. Freestatetax 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. Freestatetax Any later sale results in ordinary business income or loss. Freestatetax See the example below. Freestatetax   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. Freestatetax Making the election. Freestatetax   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. Freestatetax You do not have to make the election in the first year you cut the timber. Freestatetax You can make it in any year to which the election would apply. Freestatetax If the timber is partnership property, the election is made on the partnership return. Freestatetax This election cannot be made on an amended return. Freestatetax   Once you have made the election, it remains in effect for all later years unless you revoke it. Freestatetax Election under section 631(a) may be revoked. Freestatetax   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. Freestatetax The prior election (and revocation) is disregarded for purposes of making a subsequent election. Freestatetax See Form T (Timber), Forest Activities Schedule, for more information. Freestatetax Gain or loss. Freestatetax   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. Freestatetax   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. Freestatetax 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. Freestatetax 611-3. Freestatetax   Depletion of timber is discussed in chapter 7. Freestatetax Example. Freestatetax   In April 2013, you owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. Freestatetax It had an adjusted basis for depletion of $40 per MBF. Freestatetax You are a calendar year taxpayer. Freestatetax On January 1, 2013, the timber had a FMV of $350 per MBF. Freestatetax It was cut in April for sale. Freestatetax On your 2013 tax return, you elect to treat the cutting of the timber as a sale or exchange. Freestatetax You report the difference between the FMV and your adjusted basis for depletion as a gain. Freestatetax 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. Freestatetax You figure your gain as follows. Freestatetax 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. Freestatetax Outright sales of timber. Freestatetax   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). Freestatetax 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). Freestatetax Cutting contract. Freestatetax   You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you. Freestatetax You are the owner of the timber. Freestatetax You held the timber longer than 1 year before its disposal. Freestatetax You kept an economic interest in the timber. Freestatetax   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. Freestatetax   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. Freestatetax Include this amount on Form 4797 along with your other section 1231 gains or losses. Freestatetax Date of disposal. Freestatetax   The date of disposal is the date the timber is cut. Freestatetax 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. Freestatetax   This election applies only to figure the holding period of the timber. Freestatetax It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged). Freestatetax   To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. Freestatetax The statement must identify the advance payments subject to the election and the contract under which they were made. Freestatetax   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). Freestatetax Attach the statement to the amended return and write “Filed pursuant to section 301. Freestatetax 9100-2” at the top of the statement. Freestatetax File the amended return at the same address the original return was filed. Freestatetax Owner. Freestatetax   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. Freestatetax 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. Freestatetax Tree stumps. Freestatetax   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. Freestatetax Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. Freestatetax However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Freestatetax Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income. Freestatetax   See Form T (Timber) and its separate instructions for more information about dispositions of timber. Freestatetax 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). Freestatetax If you have a gain from the sale, you may be allowed to exclude the gain on your home. Freestatetax For more information, see Publication 523, Selling Your Home. Freestatetax The gain on the sale of your business property is taxable. Freestatetax A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. Freestatetax Your taxable gain or loss on the sale of property used in your farm business is taxed under the rules for section 1231 transactions. Freestatetax See chapter 9. Freestatetax Losses from personal-use property, other than casualty or theft losses, are not deductible. Freestatetax 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. Freestatetax See chapter 10 for information about installment sales. Freestatetax When you sell your farm, the gain or loss on each asset is figured separately. Freestatetax The tax treatment of gain or loss on the sale of each asset is determined by the classification of the asset. Freestatetax Each of the assets sold must be classified as one of the following. Freestatetax Capital asset held 1 year or less. Freestatetax Capital asset held longer than 1 year. Freestatetax 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 ). Freestatetax 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). Freestatetax 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. Freestatetax Allocation of consideration paid for a farm. Freestatetax   The sale of a farm for a lump sum is considered a sale of each individual asset rather than a single asset. Freestatetax The residual method is required only if the group of assets sold constitutes a trade or business. Freestatetax This method determines gain or loss from the transfer of each asset. Freestatetax It also determines the buyer's basis in the business assets. Freestatetax For more information, see Sale of a Business in chapter 2 of Publication 544. Freestatetax Property used in farm operation. Freestatetax   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. Freestatetax Recognized gains and losses on business property must be reported on your return for the year of the sale. Freestatetax If the property was held longer than 1 year, it may qualify for section 1231 treatment (see chapter 9). Freestatetax Example. Freestatetax You sell your farm, including your main home, which you have owned since December 2001. Freestatetax You realize gain on the sale as follows. Freestatetax   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. Freestatetax 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. Freestatetax Treat the balance as section 1231 gain. Freestatetax 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 . Freestatetax Partial sale. Freestatetax   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. Freestatetax You cannot wait until you have sold enough of the farm to recover its entire cost before reporting gain or loss. Freestatetax For a detailed discussion on installment sales, see Publication 544. Freestatetax Adjusted basis of the part sold. Freestatetax   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. Freestatetax , on the part sold. Freestatetax 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 . Freestatetax Example. Freestatetax You bought a 600-acre farm for $700,000. Freestatetax The farm included land and buildings. Freestatetax The purchase contract designated $600,000 of the purchase price to the land. Freestatetax You later sold 60 acres of land on which you had installed a fence. Freestatetax 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. Freestatetax Use this amount to determine your gain or loss on the sale of the 60 acres. Freestatetax Assessed values for local property taxes. Freestatetax   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. Freestatetax Example. Freestatetax Assume that in the preceding example there was no breakdown of the $700,000 purchase price between land and buildings. Freestatetax 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. Freestatetax The assessed valuation of the land is 3/4 (75%) of the total assessed valuation. Freestatetax Multiply the $700,000 total purchase price by 75% to figure basis of $525,000 for the 600 acres of land. Freestatetax The unadjusted basis of the 60 acres you sold would then be $52,500 (1/10 of $525,000). Freestatetax Sale of your home. Freestatetax   Your home is a capital asset and not property used in the trade or business of farming. Freestatetax 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. Freestatetax Your home includes the immediate surroundings and outbuildings relating to it that are not used for business purposes. Freestatetax   If you use part of your home for business, you must make an appropriate adjustment to the basis for depreciation allowed or allowable. Freestatetax For more information on basis, see chapter 6. Freestatetax More information. Freestatetax   For more information on selling your home, see Publication 523. Freestatetax Gain from condemnation. Freestatetax   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. Freestatetax 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. Freestatetax 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. Freestatetax The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. Freestatetax This is true even if you voluntarily return the property to the lender. Freestatetax You may also realize ordinary income from cancellation of debt if the loan balance is more than the FMV of the property. Freestatetax Buyer's (borrower's) gain or loss. Freestatetax   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. Freestatetax The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. Freestatetax See Determining Gain or Loss , earlier. Freestatetax Worksheet 8-1. Freestatetax Worksheet for Foreclosures andRepossessions Part 1. Freestatetax Use Part 1 to figure your ordinary income from the cancellation of debt upon foreclosure or repossession. Freestatetax Complete this part only if you were personally liable for the debt. Freestatetax Otherwise, go to Part 2. Freestatetax   1. Freestatetax 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. Freestatetax Enter the Fair Market Value of the transferred property   3. Freestatetax Ordinary income from cancellation of debt upon foreclosure or repossession. Freestatetax * Subtract line 2 from line 1. Freestatetax If zero or less, enter -0-   Part 2. Freestatetax Figure your gain or loss from foreclosure or repossession. Freestatetax   4. Freestatetax If you completed Part 1, enter the smaller of line 1 or line 2. Freestatetax If you did not complete Part 1, enter the outstanding debt immediately before the transfer of property   5. Freestatetax Enter any proceeds you received from the foreclosure sale   6. Freestatetax Add lines 4 and 5   7. Freestatetax Enter the adjusted basis of the transferred property   8. Freestatetax Gain or loss from foreclosure or repossession. Freestatetax Subtract line 7  from line 6   * The income may not be taxable. Freestatetax See Cancellation of debt . Freestatetax    You can use Worksheet 8-1 to figure your gain or loss from a foreclosure or repossession. Freestatetax Amount realized on a nonrecourse debt. Freestatetax   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. Freestatetax 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. Freestatetax Example 1. Freestatetax Ann paid $200,000 for land used in her farming business. Freestatetax She paid $15,000 down and borrowed the remaining $185,000 from a bank. Freestatetax Ann is not personally liable for the loan (nonrecourse debt), but pledges the land as security. Freestatetax The bank foreclosed on the loan 2 years after Ann stopped making payments. Freestatetax When the bank foreclosed, the balance due on the loan was $180,000 and the FMV of the land was $170,000. Freestatetax The amount Ann realized on the foreclosure was $180,000, the debt canceled by the foreclosure. Freestatetax She figures her gain or loss on Form 4797, Part I, by comparing the amount realized ($180,000) with her adjusted basis ($200,000). Freestatetax She has a $20,000 deductible loss. Freestatetax Example 2. Freestatetax Assume the same facts as in Example 1 except the FMV of the land was $210,000. Freestatetax The result is the same. Freestatetax The amount Ann realized on the foreclosure is $180,000, the debt canceled by the foreclosure. Freestatetax Because her adjusted basis is $200,000, she has a deductible loss of $20,000, which she reports on Form 4797, Part I. Freestatetax Amount realized on a recourse debt. Freestatetax   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. Freestatetax   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. Freestatetax The amount realized does not include the canceled debt that is your income from cancellation of debt. Freestatetax See Cancellation of debt , later. Freestatetax Example 3. Freestatetax Assume the same facts as in Example 1 above except Ann is personally liable for the loan (recourse debt). Freestatetax In this case, the amount she realizes is $170,000. Freestatetax This is the canceled debt ($180,000) up to the FMV of the land ($170,000). Freestatetax Ann figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($200,000). Freestatetax She has a $30,000 deductible loss, which she figures on Form 4797, Part I. Freestatetax She is also treated as receiving ordinary income from cancellation of debt. Freestatetax That income is $10,000 ($180,000 − $170,000). Freestatetax This is the part of the canceled debt not included in the amount realized. Freestatetax She reports this as other income on Schedule F, line 8. Freestatetax Seller's (lender's) gain or loss on repossession. Freestatetax   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. Freestatetax For more information, see Repossession in Publication 537, Installment Sales. Freestatetax Cancellation of debt. Freestatetax   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. Freestatetax This income is separate from any gain or loss realized from the foreclosure or repossession. Freestatetax Report the income from cancellation of a business debt on Schedule F, line 8. Freestatetax Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. Freestatetax    You can use Worksheet 8-1 to figure your income from cancellation of debt. Freestatetax   However, income from cancellation of debt is not taxed if any of the following apply. Freestatetax The cancellation is intended as a gift. Freestatetax The debt is qualified farm debt (see chapter 3). Freestatetax The debt is qualified real property business debt (see chapter 5 of Publication 334). Freestatetax You are insolvent or bankrupt (see  chapter 3). Freestatetax The debt is qualified principal residence indebtedness (see chapter 3). Freestatetax   Use Form 982 to report the income exclusion. Freestatetax Abandonment The abandonment of property is a disposition of property. Freestatetax 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. Freestatetax Business or investment property. Freestatetax   Loss from abandonment of business or investment property is deductible as a loss. Freestatetax Loss from abandonment of business or investment property that is not treated as a sale or exchange generally is an ordinary loss. Freestatetax If your adjusted basis is more than the amount you realize (if any), then you have a loss. Freestatetax If the amount you realize (if any) is more than your adjusted basis, then you have a gain. Freestatetax This rule also applies to leasehold improvements the lessor made for the lessee. Freestatetax 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 . Freestatetax   If the abandoned property is secured by debt, special rules apply. Freestatetax 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). Freestatetax For more information, see chapter 3 of Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals). Freestatetax The abandonment loss is deducted in the tax year in which the loss is sustained. Freestatetax Report the loss on Form 4797, Part II, line 10. Freestatetax Personal-use property. Freestatetax   You cannot deduct any loss from abandonment of your home or other property held for personal use. Freestatetax Canceled debt. Freestatetax   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. Freestatetax This income is separate from any loss realized from abandonment of the property. Freestatetax Report income from cancellation of a debt related to a business or rental activity as business or rental income. Freestatetax Report income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. Freestatetax   However, income from cancellation of debt is not taxed in certain circumstances. Freestatetax See Cancellation of debt earlier under Foreclosure or Repossession . Freestatetax Forms 1099-A and 1099-C. Freestatetax   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. Freestatetax 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. Freestatetax 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. Freestatetax For foreclosures, repossessions, abandonments of property, and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. Freestatetax Prev  Up  Next   Home   More Online Publications
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The Freestatetax

Freestatetax Index A Assessment of tax, Assessment of tax. Freestatetax Assistance (see Tax help) B Bankruptcy Code tax compliance, Bankruptcy Code Tax Compliance Requirements Returns due after filing, Tax Returns Due After the Bankruptcy Filing Returns due before chapter 13 filing, Tax Returns Due for Periods Ending Before the Bankruptcy Filing in Chapter 13 Cases Bankruptcy estate, Taxes and the Bankruptcy Estate Attribute carryovers, Carrybacks from the debtor's activities. Freestatetax Carrybacks, Carrybacks from the debtor's activities. Freestatetax Disclosure of return information, Disclosure of bankruptcy estate's return information to debtor. Freestatetax Employer identification number, Employer identification number. Freestatetax , Employer identification number. Freestatetax Estimated tax, Estimated tax – Form 1041-ES. Freestatetax Return filing requirements, Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due Separate taxable entity, Separate taxable entity. Freestatetax Transfer of assets, Transfer of assets between debtor and bankruptcy estate. Freestatetax C Conversion or dismissal chapter 11 case, Conversion or dismissal of chapter 11 cases. Freestatetax Corporations, Corporations Filing requirements, Corporations Tax-free reorganizations, Tax-Free Reorganizations D Debt cancellation, Debt Cancellation Bankruptcy exclusion, Bankruptcy case exclusion. Freestatetax Corporations, Corporations Insolvency exclusion, Insolvency exclusion. Freestatetax Partnerships, Partnerships S corporations, S Corporations Deductions and credits, Bankruptcy Estate Deductions and Credits Administrative expenses, Administrative expenses. Freestatetax Discharge of tax, Discharge of Unpaid Tax Disclosure of return information, Disclosure of debtor's return information to trustee. Freestatetax , Disclosure of return information to trustee. Freestatetax Dismissal of case Amended return, Dismissal of bankruptcy case. Freestatetax E Election to end tax year: Form 1040, Debtor's Election To End Tax Year – Form 1040 Annualizing taxable income, Annualizing taxable income. Freestatetax Election by spouse, Election by debtor's spouse. Freestatetax Filing requirements, Making the Election - Filing Requirements Short tax years, Short tax years. Freestatetax Employment taxes, Employment taxes. Freestatetax , Employment Taxes Examination of return, Examination of return. Freestatetax F Free tax services, How To Get Tax Help H Help (see Tax help) I Individuals in Chapter 12 or 13, Individuals in Chapter 12 or 13 Individuals in Chapter 7 or 11, Individuals in Chapter 7 or 11 Gross income chapter 11 case, Income of the estate in individual chapter 11 cases. Freestatetax Gross income chapter 7 case, Income of the estate in individual chapter 7 cases. Freestatetax J Jurisdiction over tax matters, Court Jurisdiction Over Tax Matters Bankruptcy Court, Bankruptcy Court Tax Court, Tax Court M More information (see Tax help) O Ordering tax return transcripts, Ordering tax transcripts and copies of returns. Freestatetax P Partnerships, filing requirements, Partnerships Payment of tax claim, Federal Tax Claims Eighth priority taxes, Unsecured Tax Claims Second, third, fourth priority taxes, Higher priority taxes. Freestatetax Secured tax claims, Secured tax claims. Freestatetax Penalties, Penalties. Freestatetax Relief from penalties, Relief from certain penalties. Freestatetax Publications (see Tax help) R Request for prompt tax determination, Prompt Determination Requests Request for refund, Requests for refund or credit S Statute of limitations collections, Statute of limitations for collection. Freestatetax T Tax attributes, Reduction of Tax Attributes Basis reduction, Basis. Freestatetax , Basis Reduction Carryovers, Attribute carryovers. Freestatetax Order of reduction, Order of reduction. Freestatetax Reduction of, Reduction of Tax Attributes Tax help, How To Get Tax Help Tax reporting chapter 11 cases, Tax Reporting – Chapter 11 Cases Employment tax returns, Tax Reporting – Chapter 11 Cases Information returns, Employment taxes and employer's obligation to file Form W-2 in individual chapter 11 cases. Freestatetax Self-employment taxes, Self-employment taxes in individual chapter 11 cases. Freestatetax Wage reporting, tax withholding, Employment taxes and employer's obligation to file Form W-2 in individual chapter 11 cases. Freestatetax Tax return: Form 1041, Figuring tax due. Freestatetax Figuring tax due, Filing Requirements Payment of tax due, Payment of Tax Due When to file, When to file. Freestatetax Taxpayer Advocate, Taxpayer Advocate Service. Freestatetax TTY/TDD information, How To Get Tax Help Prev  Up     Home   More Online Publications