Discussion 4

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Jan 9, 2024

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Discussion 4 4-3 Discussion: What Is Your Property? Hi all, According to Chen (2022), “Section 1250 addresses the taxing of gains from the sale of depreciable real property, such as commercial buildings, warehouses, barns, rental properties, and their structural components at an ordinary tax rate. However, tangible and intangible personal properties and land acreage do not fall under this tax regulation (2022)” Section 1250 property consists of buildings and the components it entails. According to Blessing (2022), “Section 1245 recaptures depreciation or amortization allowed or allowable on tangible and intangible personal property at the time a business sells such property at a gain by taxing the gain at ordinary income rates to the extent of its allowable or allowed depreciation or amortization”. Section 1245 property consists of copyright or trademark, a business vehicle, a storage in or machines which are being used for manufacturing. It doesn’t include buildings and their structural components. Section 1252 property is farmland held less than 10 years, on which soil, water, or land-clearing expenses were deducted (Reed, 2022). Section 1245 and Section 1252 have a difference with Section 1250. The differences are as followed: 1). Section 1250 property only consists of buildings and their structural components. 2). Section 1245 property consists of objects being used to make products or to store products. 3). Section 1252 property involves having land or farmland. When Section 1250 property is disposed of a gain “is treated as ordinary income to the extent of additional depreciation allowed or allowable on the property and any remaining gain is a section 1231 gain ( Publication 544 (2021), Sales and Other Dispositions of Assets: Internal Revenue Service)”. Additional depreciation is allowed only if the Section 1250 property has been held for more than one year with certain limits. There would be no additional depreciation if the 1250 property “was a residential low-income rental property being held for 16 years or longer. For low-income rental housing on which the special 60-month depreciation for rehabilitation expenses was allowed, the 16 years start when the rehabilitated property is placed in service (Publication 544 (2021), Sales and Other Dispositions of Assets: Internal Revenue Service)”. Regards, References
Blessing, E. (2022, November 10). Section 1245: Definition, types of property included, and example . Investopedia. Retrieved January 26, 2023, from https://www.investopedia.com/terms/s/section1245.asp Chen, J. (2022, November 6). Section 1250: What is 1250 property, taxation, and example . Investopedia. Retrieved January 26, 2023, from https://www.investopedia.com/terms/s/section1250.asp Publication 544 (2021), sales and other dispositions of assets: Internal Revenue Service . Publication 544 (2021), Sales and Other Dispositions of Assets | Internal Revenue Service. (n.d.). Retrieved January 26, 2023, from https://www.irs.gov/publications/p544 Reed, K. (2022, January 24). Taxaudit blog: What is the difference between 1245, 1231, and 1250 properties? TaxAudit.com Blog. Retrieved January 26, 2023, from https://www.taxaudit.com/tax-audit-blog/what-is-the-difference-between-1245-1231-and- 1250-properties
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