Posted: 31 Oct 2008 at 12:46 | IP Logged
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I made that topic for people that is confusing for them and I hope it helps all property must be used in trade or business for more than 1 year first section 1231(the boss):
is comprised of all property under sec 1245 and 1250 (depreciable personal and real property) and also land used in business it gives u advantage that when u sell a property for a gain it will be capital (low tax rate) and if u sell it for a loss it will be ordinary so u deduct it right away section 1245:
(machinery and equipment) depreciable personal property section 1250: (building)depreciable real property) an easy way to remember that is building is so high so it takes the highest sec number 1250 instead of 1245 both sec 1245 and 1250 r dealing with gain only and it,s ordinary(opposite to sec 1231) so let,s see when u sell a property for a loss (sale price - adjusted basis.) no problem it,s section 1231 ordinary loss cause section 1231 is the only section that deals with losses(let the boss suffers the loss)
when u sell it for a gain all sections are fighting together to get part of the gain so the gain from sale is the money u have in ur pocket the reason of dep recapture is knowing if the gain is ordinary or capital
first step: see what kind of property u sell if it,s machinery n equipement then it,s sec 1245 and if it,s building it,s sec 1250
secend step:
if it,s sec 1245(machinery and equipment) all accumulated dep. will be section 1245 ordinary gain and the remainder is 1231 capital gain
if it,s section 1250(then fifty fifty -cut the dep. into 2 parts)take only a part of dep. for sec 1250 and leave the remainder for sec 1231 so the excess of accelerated dep. over SL depreciation is sec 1250 ordinary gain and the remainder is sec 1231 capital gain what if the property is depreciated under the SL method then all the dep is 1231 example 1 if u sell a machine u bought it 2 years ago for 200,000, adjusted basis 150,000 and u sell it for 210,000 gain=210,000-150,000=60,000 machine>>>sec 1245 all accumulated dep.=200,000-150,000=50,000 so 50,000 of the gain will be sec 1245 ordinary gain and the remainder 10,000 will be sec 1231 capital gain
example 2 now U sell a building u bought it for 200,000 ,u use accelerated depreciation to depreciate it,adjusted bais 150,000 SL dep is 40,000 and u sell it for 210,000 gain=210,000-150,000=60,000 building>>>sec 1250 (fifty fifty) accelerated dep=200,000-150,000=50,000 excess of accelerated dep over SL=50,000-40,000=10,000 so 10,000 of the gain will be sec1250 ordinary gain and the remainder 50,000 will be sec 1231 capital gain now what if u use SL dep to depreciate the property then all the gain 60,000 will be 1231 capital gain cause there,s no accelerated dep now so the excess will be zero
sec 1245 and 1250 is always limited to the gain from the sale(money u have in ur pocket) Example: u sell a machinery for 130k ,u bought it 2 yrs ago for 140k,accumulated dep is 40k machinery >>>sec 1245 adjusted basis=140k-40k=100k gain from sale=130k-100k=30k so all the gain is sec1245 ordinary gain see picture below
same facts as last example but u sell the machinery for 160k gain from sale =160k-100k=60k so 40k is sec 1245 ordinary 20k is sec 1231 capital see picture below
òSec 291 (if u like to know it) If a corporation sells a sec 1250 property,the ordinary income will increase by 20% of SL dep. in example 2 if a corp sells the building sec291 ordinary gain=sec 1250 gain + 20% of SL dep. sec 291 ordinary gain=sec 1250 gain 10000+ 20% *40000 =10000+ 8000=18000 sec 291 ordinary gain the remainder of gain 60000-18000= 42000 is sec 1231 capital gain
__________________ Partnership liquidatin n nonliquidatin distribution (no more confusing)
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