Question Bank : Property Transactions

The word adverse possession is a term used in real esate to describe taking of land, and not paying for it.

the land they claim, it simply gives them the right to a say in the

Under Canadian Tax Law, there is an election for companies to defer recaptures and capital gains of property that was involuntarily or voluntarily disposed of. In this research paper, we attempt to prove that the election is a useful taxation strategy for businesses so that they are not subject to pay taxes on capital gains or recaptures until such a time where they may acquire an eligible replacement property that will help them earn business income. We will provide facts, definitions, and examples to illustrate the use of this election throughout the paper by explaining the capital cost allowance system, the offset available to business for capital gains and recaptures, the election process, the rules regarding replacing former business

“The reasonably probable legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value”.

As seen in Chapter 15 of Real Estate Principles by Charles J. Jacobus, property tax is a large source of income for local governments. When property taxes are not paid, a lien is placed on the property. If property taxes are not paid, this gives the government the right to seize the property. This is currently happening to Bill Davies, a developer from Chicago, Illinois.

In summary, John and Jane would not be able to use 1031 tax exchange to purchase the new more expensive home. Due to the gain of buying an expensive house, it would not be considered “like-kind”. The additional money that is paid to acquire this

Under the Reg. §1.47-3(f) (5) (ii), the transferor of the section 38 property in any taxable year dose not retain a substantial interest in the trade or business directly or indirectly. According to this code, the transferor does not need to make the payment for tax of the interest during the property transaction only if the property can be qualified to “section 38 property” which indicate property (1) with respect to which depreciation is allowable to the taxpayer (2) has an estimated useful life of 3 years or more (3) which is tangible personal property or other tangible property. In this case, the machinery purchased by the individual two years ago can be applied for the “section 38 property” which also means the transferor does not need to pay for the interest happened during the transaction. And because of the gift of stock made by the individual caused a reduction in his interest. Which occurred at a time when the useful lives were just taken into account in computing the credit about the “section 38 property”. Unless his remain interest is a substantial interest, the section 47(b) would no longer be applicable and total

In 2013 Marianne sold land, building and equipment with a combined basis of $150,000 to an unrelated third party and in return received an installment note of $80,000 per year for five years. Of the $250,000 gain on sale, $150,000 was classified as Section 1245 gain and the remaining $100,000 was Section 1231 gain. In 2013, Marianne had a capital loss carryover of $60,000, $50,000 of which she used to offset her Section 1231 gain; she recognized no Section 1245 gain. The following year she recognized $40,000 of 1245 gain and $10,000 of Section 1231 gain which she promptly offset with the last $10,000 of the capital loss carryover. In 2015, she recognized $50,000 Section 1245 gain and no Section 1231 gain.

• Commissioner of State Revenue assessed the sale agreement to stamp duty of approximately 9 million on the basis that the majority of chattels sold were fixtures and fixtures are part of the land under the general law.

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:

Income Taxes- Taxed like regular income tax; owner claims it at year end and pays income tax on all earnings.

* The owner is responsible for filing taxes and is allowed to file taxes as part of their personal income taxes.

First of all, Property Taxes, Revenues and Interests are worth-based taxes paid on various types of property (e.g. residential and commercial real estate, motor vehicles, farm machinery, etc.). The body charged with tax collection is responsible for taxing authority appraises the

had sold only the right to use the land, not the land itself. They did

The IRS addresses the topic of capital assets in Section 1221 (Legal Information Institute). Within this section, rather than defining what qualifies as a capital asset, The Code lists items that are not capital assets. This backwards approach has led to a grey area in regards to what classifies as a capital assets. As a result, many court cases have been on this topic. Once it is determined whether an asset is “capital in nature”, the various tax treatments can be considered. Specifically, capital assets sold at a gain that are held for less than one year at the time of sale will be classified as a short term gain (Investopedia, 2015). Short term capital gains can be used to offset short term capital losses for both individuals and corporations, however any excess short term capital gains will be taxed at the taxpayer’s regular tax rate. In addition, long-term capital gains experienced by a corporation are not subject to the more favorable capital gains rate. Also, when