Ahmed Alqahtani
Michelle Kane
Rachel Speigle
Shuai Zheng
October 28, 2014
Mr. and Mrs. Ricardo,
We hope that all is well and that you are enjoying the last few months of 2014!
During our phone conversation last month, we discussed many concerns regarding your joint income tax return for 2014. After researching your inquiries, we have developed the following conclusions:
This year, you sold your former primary residence (which was purchased in 2010), and were concerned about the tax effects that this sale would have on your return. Although the sale of your home resulted in a realized gain, it will not increase your gross income on your 2014 tax return. This is because the amount of gain you earned on the sale falls inside the allowable excludable limit offered for taxpayers selling their personal residences. Additionally, though taxpayers are typically required to repay the amount of the First-Time Homebuyer Tax Credit claimed in the year of purchase when their home is sold, you are not required to. This is because an exception was made for homebuyers in 2009 and 2010, for which the recapture of the credit was waived.
You also inquired about the taxability of the gift bags you received at the Grammy Awards this year. Unfortunately, the value of the gift bags you received must be reported and included as gross income on your 2014 return. This is because of the motives behind receiving the gift bags. The contents of the bags were given to you with the understanding that
1. [LO 1] Compare and contrast different ways in which a taxpayer triggers a realization event by disposing of an asset.
Generally, a realized gain from sale of personal residence can be excluded from gross income under Exclusion 121. The amount realized is the selling price of the property less any disposition costs. The adjusted basis is then determined and the amount is subtracted from the realized sum. This will give you the amount of loss or gain from the sale of the property. Since the couple occupied the sold home for at least 2 of the last 5 years they fulfill the requirements for exclusion 121 treatment. The exclusion amount for the couple if filing jointly is $500.000 and the calculation would be as follows:
If you were to sale your current residence, you could be eligible to exclude up to $500k (married filing jointly) of that gain from your income. Of course, this gain would apply to the tax year in which the property was sold and I believe you are looking for tax benefits
Married taxpayers may exclude up to $500,000 of gain upon the sale of their residence every two years (Code § 121(b)(1) and (2), (Code §121(b)(3)(B)) (Tax Almanac. 2009, June 18, Internal Revenue Code:Sec. 121. Exclusion of Gain from Sale of Principal Residence). The requirement is that they need to have owned and occupied the residence as their principal residence for two out of the last five years prior to the sale (Code §121(b)(3)(A)) (Tax Almanac, 2009, June 18). Assuming a new mortgage will most likely give them a larger deduction of mortgage interest and if they have lived in their current home for a while that is nondeductible (Code § 163(h)(3)(E)(i) (Tax Almanac. 2009, June 18, . Internal Revenue Code:Sec. 163.
Under 26 USC § 121, gains on the sale for married taxpayers filing jointly would be excluded up to $500,000 (or $250,000 each for married filing separately) given the residence was owned and occupied as a principal residence for two out of the last five years.
I want to take the opportunity for choosing my CPA office to help with your annual tax needs. We hope that we can provide you with a high quality and professional service and that you are happy with the advice you receive. I have written a brief memo on the initial discussion that we had addressing the issues that you both raised individually and together. If you have any further enquiries please do not hesitate to contact myself or one of my colleagues.
Rule: Passive activity is any activity in which the taxpayer does not materially participate. A net passive activity loss generally may not be deducted against other types of income (e.g., wages, other ordinary or active income, portfolio income (interest and dividends), or capital gains). In other words, passive losses may generally only offset passive income for a tax year-the remaining net loss is generally "suspended" and carried forward to a year when it may be used to offset passive income (or when the final disposition of the property occurs). However, there is an exception (the "mom and pop exception," as we refer to it in the textbooks) to this general rule. Taxpayers who own more than 10% of the rental activity, have modified AGI under $100,000, and have active participation (managing the property qualifies), may deduct up to $25,000 annually of net passive losses attributable to real estate. There is a phase-out provision for modified AGI from $100,000 − $150,000, and the deduction is completely phased-out for modified AGI in excess of $150,000.
Buying a new home becomes a great investment since the IRS has an exchange code that taxes only the gain of a sale of a personal home. IRC Section 1001 states that in general, whenever an asset is sold or
It was good to see you this week. I am glad that you are feeling better.
Welcome Back! Here’s hoping your Thanksgiving holiday break afforded you the joy of family, the gift of friends, and the very best from our extended weekend. Thanks to you and our dedicated staff, our children have had a seamless transition back to a wonderful week of learning.
Use RV-R0012301 Tennessee Department of Revenue County Business Tax Return form for filing the county tax returns. Please complete Schedule A, Deductions from Gross Sales duly and file along with RV-R0012301 form at the Tennessee Department of Revenue, Nashville, Tennessee. Your payment check should be payable to Tennessee Department of Revenue. Please provide all particulars accurately and avoid strikeouts or omissions. You need to enter values and descriptions along with selection of options by marking right boxes. You may choose to prepare this form with the help of a professional preparer. Do not enter any details in the space reserved for office use.
I hope things are doing a little better for you there in California. I know that your visit is coming to an end and that you will be heading out in a few days. Things have been super busy over here. This morning they had a father and son car building event at the church and took David. It is like the boy scouts and it is making a car out of wood. Well, are car is not looking so good but we have three weeks to build it before they have the race. I will send you a picture of our final creation that will hopefully resemble a car when we get done with it. Caitlyn started school on Friday and I took her out to ice cream the night before to give her a pep talk for the new semester. Lastly, my Carla and I just got back from a nice dinner... we celebrated our two month wedding
My family is ok, my kids are in the school and working, Jhon had another surgery everything went well, he is in recovering and soon he will be fine.
I miss you all very much! Everything here has been different than what I hoped it would be.
I hope that you are having a wonderful and relaxing summer and enjoying the spectacular warm weather. Also, I extremely appreciate you for taking time out of your summer for my band audition.