These lectures cover capital assets, capital gain, capital loss, section 1231 assets, section 1245 assets, section 1250 depreciation recapture, netting and lookback period.
Capital Gains and Capital Losses and Section 1231 Assets
Capital Gains and Losses
Netting and Lookback Period for Section 1231 Assets
Example: Netting capital Gains and Losses and Lookback period
Section 1245 Assets
Section 1250 Depreciation Recapture
Capital Gain Netting
Example: Section 1231, 1245 and 1250 Depreciation Recapture
GENERAL SCHEME OF TAXATION
Recognized gains and losses must be properly classified. Proper classification depends on three characteristics:
• Thetaxstatusoftheproperty(capital,§1231,orordinary). • The manner of the property’s disposition (sale, exchange, casualty, theft, or
• The holding period of the property (short-term: one year or less; long-term: more than one year).
A major focus of this chapter is capital gains and losses. In addition, § 1231 assets and ordinary gains and losses are discussed.
Personal use assets and investment assets are the most common capital assets owned by individual taxpayers. Personal use assets usually include things like a residence, fur- niture, clothing, recreational equipment, and automobiles. Investment assets usually include stocks, bonds, and mutual funds. Remember, however, that losses from the sale or exchange of personal use assets are not recognized.
The crux of capital asset determination hinges on whether the asset is held for personal use (capital asset), investment (capital asset), or business (ordinary asset). How a taxpayer uses the property typically answers this question.
Since capital assets are provided preferential tax treatment, taxpayers prefer capital gains rather than ordinary gains. So the definition of a capital asset is critically important. As discussed next, this definition has been the subject of many court cases and rulings.
Definition of a Capital Asset (§ 1221)
Capital assets are not directly defined in the Code. Instead, § 1221(a) defines what is not a capital asset. In general, a is property other than inventory, accounts and notes receivable, supplies, and most fixed assets of a business.
Specifically, the Code defines a capital asset as property held by the taxpayer (when it is connected with the taxpayer’s business) that is not any of the following:
• Inventory or property held primarily for sale to customers in the ordinary course of a business.1
• Accounts and notes receivable generated from the sale of goods or services in a business.
• Depreciablepropertyorrealestateusedinabusiness. • Certain copyrights; literary, musical, or artistic compositions; or letters, memo-
randa, or similar property created by or for the taxpayer.2 • CertainU.S.governmentpublications. • Suppliesusedinabusiness.
Often, the only business asset that is a capital asset is “self-generated” goodwill (purchased goodwill is a § 1231 asset). The following discussion provides further detail on each part of the capital asset definition.
What constitutes inventory is determined by the taxpayer’s business
No asset is inherently capital or ordinary.
Accounts and Notes Receivable
Accounts and notes receivable are often created as part of a business transaction. These assets may be collected by the creditor, be sold by the creditor, or become completely or partially worthless. Also, the creditor may be on the accrual or cash basis of accounting.
Collection of an accrual basis account or note receivable does not result in a gain or loss because the amount collected equals the receivable’s basis. If sold, an ordinary gain or loss is generated if the receivable is sold for more or less than its basis (the receivable is an ordinary asset). If the receivable is partially or wholly worthless, the creditor has a “bad debt,” which may result in an ordinary deduction.
Collection of a cash basis account or note receivable does not result in a gain or loss because the amount collected is ordinary income. In addition, a cash basis receivable has a zero basis since no revenue is recorded until the receivable is collected. If sold, an ordinary gain is generated (the receivable is an ordinary asset). There is no bad debt deduction for cash basis receivables because they have no basis.
Business Fixed Assets
Depreciable personal property and real estate (both depreciable and nondepreciable) used by a business are not capital assets. The tax law related to this property is very complex; most of these rules are discussed later in this chapter. Although business fixed assets are not capital assets, a long-term capital gain can sometimes result from their sale.
SALE OR EXCHANGE
Recognition of capital gain or loss usually requires a sale or exchange of a capital asset. The Code uses the term , but does not define it. Generally, a property sale involves the receipt of money by the seller and/or the assumption by the purchaser of the seller’s liabilities. An exchange involves the transfer of property for other property. Thus, an involuntary conversion (casualty, theft, or condemnation) is not a sale or exchange.
In several situations, Congress has created rules that specifically provide for sale or exchange treatment. For example, assume that the expiration of a right to personal property (other than stock) that would be a capital asset in the hands of the taxpayer results in a recognized gain or loss. This is a capital gain or loss.4 Several of these special rules are discussed below, including worthless securities, the retirement of corporate obligations, options, patents, franchises, and lease cancellation payments.
Worthless Securities and § 1244 Stock
Occasionally, securities such as stock and, especially, bonds may become worthless due to the insolvency of their issuer. If such a security is a capital asset, the loss is deemed to have occurred as the result of a sale or exchange on the last day of the tax year.5 This last-day rule may have the effect of converting what otherwise would have been a short-term capital loss into a long-term capital loss. Section 1244 allows an ordinary deduction on disposition of stock at a loss. The stock must be that of a small business corporation, and the ordinary deduction is limited to $50,000 ($100,000 for married tax- payers filing jointly) per year. See Chapter 7 (and text Sections 7-2a and 7-2b) for a more complete discussion of these rules.
Capital Gain and Loss Netting Process
Net short-term capital gain is not eligible for any special tax rate. It is taxed at the same rate as the taxpayer’s other taxable income.
the recognized gains from the disposition of this property would appear to be ordinary income rather than capital gain. Due to § 1231, however, net gain from the disposition of this property is sometimes treated as long-term capital gain.Section 1231 may also apply to involuntary conversions of capital assets even though such a disposition, which is not a sale or exchange, normally would not result in a capital gain.
If the disposition of depreciable property and real property used in business results in a net loss, § 1231 treats the loss as an ordinary loss rather than as a capital loss. Ordinary losses are fully deductible for adjusted gross income (AGI). Capital losses offset capital gains, and if any loss remains, the loss is deductible to the extent of $3,000 per year for individuals and currently is not deductible at all by regular corporations. In general, § 1231 provides the best of both potential results: net gain may be treated as long-term capital gain, and net loss is treated as ordinary loss.