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1040x 2010 Instructions

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1040x 2010 Instructions

1040x 2010 instructions 3. 1040x 2010 instructions   Ordinary or Capital Gain or Loss for Business Property Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Section 1231 Gains and LossesNonrecaptured section 1231 losses. 1040x 2010 instructions Depreciation RecaptureSection 1245 Property Section 1250 Property Installment Sales Gifts Transfers at Death Like-Kind Exchanges and Involuntary Conversions Multiple Properties Introduction When you dispose of business property, your taxable gain or loss is usually a section 1231 gain or loss. 1040x 2010 instructions Its treatment as ordinary or capital is determined under rules for section 1231 transactions. 1040x 2010 instructions When you dispose of depreciable property (section 1245 property or section 1250 property) at a gain, you may have to recognize all or part of the gain as ordinary income under the depreciation recapture rules. 1040x 2010 instructions Any remaining gain is a section 1231 gain. 1040x 2010 instructions Topics - This chapter discusses: Section 1231 gains and losses Depreciation recapture Useful Items - You may want to see: Publication 534 Depreciating Property Placed in Service Before 1987 537 Installment Sales 547 Casualties, Disasters and Thefts 551 Basis of Assets 946 How To Depreciate Property Form (and Instructions) 4797 Sales of Business Property See chapter 5 for information about getting publications and forms. 1040x 2010 instructions Section 1231 Gains and Losses Section 1231 gains and losses are the taxable gains and losses from section 1231 transactions (discussed below). 1040x 2010 instructions Their treatment as ordinary or capital depends on whether you have a net gain or a net loss from all your section 1231 transactions. 1040x 2010 instructions If you have a gain from a section 1231 transaction, first determine whether any of the gain is ordinary income under the depreciation recapture rules (explained later). 1040x 2010 instructions Do not take that gain into account as section 1231 gain. 1040x 2010 instructions Section 1231 transactions. 1040x 2010 instructions   The following transactions result in gain or loss subject to section 1231 treatment. 1040x 2010 instructions Sales or exchanges of real property or depreciable personal property. 1040x 2010 instructions This property must be used in a trade or business and held longer than 1 year. 1040x 2010 instructions Generally, property held for the production of rents or royalties is considered to be used in a trade or business. 1040x 2010 instructions Depreciable personal property includes amortizable section 197 intangibles (described in chapter 2 under Other Dispositions). 1040x 2010 instructions Sales or exchanges of leaseholds. 1040x 2010 instructions The leasehold must be used in a trade or business and held longer than 1 year. 1040x 2010 instructions Sales or exchanges of cattle and horses. 1040x 2010 instructions The cattle and horses must be held for draft, breeding, dairy, or sporting purposes and held for 2 years or longer. 1040x 2010 instructions Sales or exchanges of other livestock. 1040x 2010 instructions This livestock does not include poultry. 1040x 2010 instructions It must be held for draft, breeding, dairy, or sporting purposes and held for 1 year or longer. 1040x 2010 instructions Sales or exchanges of unharvested crops. 1040x 2010 instructions The crop and land must be sold, exchanged, or involuntarily converted at the same time and to the same person and the land must be held longer than 1 year. 1040x 2010 instructions You cannot keep any right or option to directly or indirectly reacquire the land (other than a right customarily incident to a mortgage or other security transaction). 1040x 2010 instructions Growing crops sold with a lease on the land, though sold to the same person in the same transaction, are not included. 1040x 2010 instructions Cutting of timber or disposal of timber, coal, or iron ore. 1040x 2010 instructions The cutting or disposal must be treated as a sale, as described in chapter 2 under Timber and Coal and Iron Ore. 1040x 2010 instructions Condemnations. 1040x 2010 instructions The condemned property must have been held longer than 1 year. 1040x 2010 instructions It must be business property or a capital asset held in connection with a trade or business or a transaction entered into for profit, such as investment property. 1040x 2010 instructions It cannot be property held for personal use. 1040x 2010 instructions Casualties and thefts. 1040x 2010 instructions The casualty or theft must have affected business property, property held for the production of rents and royalties, or investment property (such as notes and bonds). 1040x 2010 instructions You must have held the property longer than 1 year. 1040x 2010 instructions However, if your casualty or theft losses are more than your casualty or theft gains, neither the gains nor the losses are taken into account in the section 1231 computation. 1040x 2010 instructions For more information on casualties and thefts, see Publication 547. 1040x 2010 instructions Property for sale to customers. 1040x 2010 instructions   A sale, exchange, or involuntary conversion of property held mainly for sale to customers is not a section 1231 transaction. 1040x 2010 instructions If you will get back all, or nearly all, of your investment in the property by selling it rather than by using it up in your business, it is property held mainly for sale to customers. 1040x 2010 instructions Example. 1040x 2010 instructions You manufacture and sell steel cable, which you deliver on returnable reels that are depreciable property. 1040x 2010 instructions Customers make deposits on the reels, which you refund if the reels are returned within a year. 1040x 2010 instructions If they are not returned, you keep each deposit as the agreed-upon sales price. 1040x 2010 instructions Most reels are returned within the 1-year period. 1040x 2010 instructions You keep adequate records showing depreciation and other charges to the capitalized cost of the reels. 1040x 2010 instructions Under these conditions, the reels are not property held for sale to customers in the ordinary course of your business. 1040x 2010 instructions Any gain or loss resulting from their not being returned may be capital or ordinary, depending on your section 1231 transactions. 1040x 2010 instructions Copyrights. 1040x 2010 instructions    The sale of a copyright, a literary, musical, or artistic composition, or similar property is not a section 1231 transaction if your personal efforts created the property, or if you acquired the property in a way that entitled you to the basis of the previous owner whose personal efforts created it (for example, if you receive the property as a gift). 1040x 2010 instructions The sale of such property results in ordinary income and generally is reported in Part II of Form 4797. 1040x 2010 instructions Treatment as ordinary or capital. 1040x 2010 instructions   To determine the treatment of section 1231 gains and losses, combine all your section 1231 gains and losses for the year. 1040x 2010 instructions If you have a net section 1231 loss, it is ordinary loss. 1040x 2010 instructions If you have a net section 1231 gain, it is ordinary income up to the amount of your nonrecaptured section 1231 losses from previous years. 1040x 2010 instructions The rest, if any, is long-term capital gain. 1040x 2010 instructions Nonrecaptured section 1231 losses. 1040x 2010 instructions   Your nonrecaptured section 1231 losses are your net section 1231 losses for the previous 5 years that have not been applied against a net section 1231 gain. 1040x 2010 instructions Therefore, if in any of your five preceding tax years you had section 1231 losses, a net gain for the current year from the sale of section 1231 assets is ordinary gain to the extent of your prior losses. 1040x 2010 instructions These losses are applied against your net section 1231 gain beginning with the earliest loss in the 5-year period. 1040x 2010 instructions Example. 1040x 2010 instructions In 2013, Ben has a $2,000 net section 1231 gain. 1040x 2010 instructions To figure how much he has to report as ordinary income and long-term capital gain, he must first determine his section 1231 gains and losses from the previous 5-year period. 1040x 2010 instructions From 2008 through 2012 he had the following section 1231 gains and losses. 1040x 2010 instructions Year Amount 2008 -0- 2009 -0- 2010 ($2,500) 2011 -0- 2012 $1,800 Ben uses this information to figure how to report his net section 1231 gain for 2013 as shown below. 1040x 2010 instructions 1) Net section 1231 gain (2013) $2,000 2) Net section 1231 loss (2010) ($2,500)   3) Net section 1231 gain (2012) 1,800   4) Remaining net section 1231 loss from prior 5 years ($700)   5) Gain treated as  ordinary income $700 6) Gain treated as long-term  capital gain $1,300 Depreciation Recapture If you dispose of depreciable or amortizable property at a gain, you may have to treat all or part of the gain (even if otherwise nontaxable) as ordinary income. 1040x 2010 instructions To figure any gain that must be reported as ordinary income, you must keep permanent records of the facts necessary to figure the depreciation or amortization allowed or allowable on your property. 1040x 2010 instructions This includes the date and manner of acquisition, cost or other basis, depreciation or amortization, and all other adjustments that affect basis. 1040x 2010 instructions On property you acquired in a nontaxable exchange or as a gift, your records also must indicate the following information. 1040x 2010 instructions Whether the adjusted basis was figured using depreciation or amortization you claimed on other property. 1040x 2010 instructions Whether the adjusted basis was figured using depreciation or amortization another person claimed. 1040x 2010 instructions Corporate distributions. 1040x 2010 instructions   For information on property distributed by corporations, see Distributions to Shareholders in Publication 542, Corporations. 1040x 2010 instructions General asset accounts. 1040x 2010 instructions   Different rules apply to dispositions of property you depreciated using a general asset account. 1040x 2010 instructions For information on these rules, see Publication 946. 1040x 2010 instructions Section 1245 Property A gain on the disposition of section 1245 property is treated as ordinary income to the extent of depreciation allowed or allowable on the property. 1040x 2010 instructions See Gain Treated as Ordinary Income, later. 1040x 2010 instructions Any gain recognized that is more than the part that is ordinary income from depreciation is a section 1231 gain. 1040x 2010 instructions See Treatment as ordinary or capital under Section 1231 Gains and Losses, earlier. 1040x 2010 instructions Section 1245 property defined. 1040x 2010 instructions   Section 1245 property includes any property that is or has been subject to an allowance for depreciation or amortization and that is any of the following types of property. 1040x 2010 instructions Personal property (either tangible or intangible). 1040x 2010 instructions Other tangible property (except buildings and their structural components) used as any of the following. 1040x 2010 instructions See Buildings and structural components below. 1040x 2010 instructions An integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services. 1040x 2010 instructions A research facility in any of the activities in (a). 1040x 2010 instructions A facility in any of the activities in (a) for the bulk storage of fungible commodities (discussed on the next page). 1040x 2010 instructions That part of real property (not included in (2)) with an adjusted basis reduced by (but not limited to) the following. 1040x 2010 instructions Amortization of certified pollution control facilities. 1040x 2010 instructions The section 179 expense deduction. 1040x 2010 instructions Deduction for clean-fuel vehicles and certain refueling property. 1040x 2010 instructions Deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations. 1040x 2010 instructions Deduction for certain qualified refinery property. 1040x 2010 instructions Deduction for qualified energy efficient commercial building property. 1040x 2010 instructions Amortization of railroad grading and tunnel bores, if in effect before the repeal by the Revenue Reconciliation Act of 1990. 1040x 2010 instructions (Repealed by Public Law 99-514, Tax Reform Act of 1986, section 242(a). 1040x 2010 instructions ) Certain expenditures for child care facilities if in effect before repeal by Public Law 101-58, Omnibus Budget Reconciliation Act of 1990, section 11801(a)(13) (except with regards to deductions made prior to November 5, 1990). 1040x 2010 instructions Expenditures to remove architectural and transportation barriers to the handicapped and elderly. 1040x 2010 instructions Deduction for qualified tertiary injectant expenses. 1040x 2010 instructions Certain reforestation expenditures. 1040x 2010 instructions Deduction for election to expense qualified advanced mine safety equipment property. 1040x 2010 instructions Single purpose agricultural (livestock) or horticultural structures. 1040x 2010 instructions Storage facilities (except buildings and their structural components) used in distributing petroleum or any primary product of petroleum. 1040x 2010 instructions Any railroad grading or tunnel bore. 1040x 2010 instructions Buildings and structural components. 1040x 2010 instructions   Section 1245 property does not include buildings and structural components. 1040x 2010 instructions The term building includes a house, barn, warehouse, or garage. 1040x 2010 instructions The term structural component includes walls, floors, windows, doors, central air conditioning systems, light fixtures, etc. 1040x 2010 instructions   Do not treat a structure that is essentially machinery or equipment as a building or structural component. 1040x 2010 instructions Also, do not treat a structure that houses property used as an integral part of an activity as a building or structural component if the structure's use is so closely related to the property's use that the structure can be expected to be replaced when the property it initially houses is replaced. 1040x 2010 instructions   The fact that the structure is specially designed to withstand the stress and other demands of the property and cannot be used economically for other purposes indicates it is closely related to the use of the property it houses. 1040x 2010 instructions Structures such as oil and gas storage tanks, grain storage bins, silos, fractionating towers, blast furnaces, basic oxygen furnaces, coke ovens, brick kilns, and coal tipples are not treated as buildings, but as section 1245 property. 1040x 2010 instructions Facility for bulk storage of fungible commodities. 1040x 2010 instructions   This term includes oil or gas storage tanks and grain storage bins. 1040x 2010 instructions Bulk storage means the storage of a commodity in a large mass before it is used. 1040x 2010 instructions For example, if a facility is used to store oranges that have been sorted and boxed, it is not used for bulk storage. 1040x 2010 instructions To be fungible, a commodity must be such that one part may be used in place of another. 1040x 2010 instructions   Stored materials that vary in composition, size, and weight are not fungible. 1040x 2010 instructions Materials are not fungible if one part cannot be used in place of another part and the materials cannot be estimated and replaced by simple reference to weight, measure, and number. 1040x 2010 instructions For example, the storage of different grades and forms of aluminum scrap is not storage of fungible commodities. 1040x 2010 instructions Gain Treated as Ordinary Income The gain treated as ordinary income on the sale, exchange, or involuntary conversion of section 1245 property, including a sale and leaseback transaction, is the lesser of the following amounts. 1040x 2010 instructions The depreciation and amortization allowed or allowable on the property. 1040x 2010 instructions The gain realized on the disposition (the amount realized from the disposition minus the adjusted basis of the property). 1040x 2010 instructions A limit on this amount for gain on like-kind exchanges and involuntary conversions is explained later. 1040x 2010 instructions For any other disposition of section 1245 property, ordinary income is the lesser of (1) earlier or the amount by which its fair market value is more than its adjusted basis. 1040x 2010 instructions See Gifts and Transfers at Death, later. 1040x 2010 instructions Use Part III of Form 4797 to figure the ordinary income part of the gain. 1040x 2010 instructions Depreciation taken on other property or taken by other taxpayers. 1040x 2010 instructions   Depreciation and amortization include the amounts you claimed on the section 1245 property as well as the following depreciation and amortization amounts. 1040x 2010 instructions Amounts you claimed on property you exchanged for, or converted to, your section 1245 property in a like-kind exchange or involuntary conversion. 1040x 2010 instructions Amounts a previous owner of the section 1245 property claimed if your basis is determined with reference to that person's adjusted basis (for example, the donor's depreciation deductions on property you received as a gift). 1040x 2010 instructions Depreciation and amortization. 1040x 2010 instructions   Depreciation and amortization that must be recaptured as ordinary income include (but are not limited to) the following items. 1040x 2010 instructions Ordinary depreciation deductions. 1040x 2010 instructions Any special depreciation allowance you claimed. 1040x 2010 instructions Amortization deductions for all the following costs. 1040x 2010 instructions Acquiring a lease. 1040x 2010 instructions Lessee improvements. 1040x 2010 instructions Certified pollution control facilities. 1040x 2010 instructions Certain reforestation expenses. 1040x 2010 instructions Section 197 intangibles. 1040x 2010 instructions Childcare facility expenses made before 1982, if in effect before the repeal of IRC 188. 1040x 2010 instructions Franchises, trademarks, and trade names acquired before August 11, 1993. 1040x 2010 instructions The section 179 deduction. 1040x 2010 instructions Deductions for all the following costs. 1040x 2010 instructions Removing barriers to the disabled and the elderly. 1040x 2010 instructions Tertiary injectant expenses. 1040x 2010 instructions Depreciable clean-fuel vehicles and refueling property (minus the amount of any recaptured deduction). 1040x 2010 instructions Environmental cleanup costs. 1040x 2010 instructions Certain reforestation expenses. 1040x 2010 instructions Qualified disaster expenses. 1040x 2010 instructions Any basis reduction for the investment credit (minus any basis increase for credit recapture). 1040x 2010 instructions Any basis reduction for the qualified electric vehicle credit (minus any basis increase for credit recapture). 1040x 2010 instructions Example. 1040x 2010 instructions You file your returns on a calendar year basis. 1040x 2010 instructions In February 2011, you bought and placed in service for 100% use in your business a light-duty truck (5-year property) that cost $10,000. 1040x 2010 instructions You used the half-year convention and your MACRS deductions for the truck were $2,000 in 2011 and $3,200 in 2012. 1040x 2010 instructions You did not take the section 179 deduction. 1040x 2010 instructions You sold the truck in May 2013 for $7,000. 1040x 2010 instructions The MACRS deduction in 2013, the year of sale, is $960 (½ of $1,920). 1040x 2010 instructions Figure the gain treated as ordinary income as follows. 1040x 2010 instructions 1) Amount realized $7,000 2) Cost (February 2011) $10,000   3) Depreciation allowed or allowable (MACRS deductions: $2,000 + $3,200 + $960) 6,160   4) Adjusted basis (subtract line 3 from line 2) $3,840 5) Gain realized (subtract line 4 from line 1) $3,160 6) Gain treated as ordinary income (lesser of line 3 or line 5) $3,160 Depreciation on other tangible property. 1040x 2010 instructions   You must take into account depreciation during periods when the property was not used as an integral part of an activity or did not constitute a research or storage facility, as described earlier under Section 1245 property. 1040x 2010 instructions   For example, if depreciation deductions taken on certain storage facilities amounted to $10,000, of which $6,000 is from the periods before their use in a prescribed business activity, you must use the entire $10,000 in determining ordinary income from depreciation. 1040x 2010 instructions Depreciation allowed or allowable. 1040x 2010 instructions   The greater of the depreciation allowed or allowable is generally the amount to use in figuring the part of gain to report as ordinary income. 1040x 2010 instructions However, if in prior years, you have consistently taken proper deductions under one method, the amount allowed for your prior years will not be increased even though a greater amount would have been allowed under another proper method. 1040x 2010 instructions If you did not take any deduction at all for depreciation, your adjustments to basis for depreciation allowable are figured by using the straight line method. 1040x 2010 instructions   This treatment applies only when figuring what part of gain is treated as ordinary income under the rules for section 1245 depreciation recapture. 1040x 2010 instructions Multiple asset accounts. 1040x 2010 instructions   In figuring ordinary income from depreciation, you can treat any number of units of section 1245 property in a single depreciation account as one item if the total ordinary income from depreciation figured by using this method is not less than it would be if depreciation on each unit were figured separately. 1040x 2010 instructions Example. 1040x 2010 instructions In one transaction you sold 50 machines, 25 trucks, and certain other property that is not section 1245 property. 1040x 2010 instructions All of the depreciation was recorded in a single depreciation account. 1040x 2010 instructions After dividing the total received among the various assets sold, you figured that each unit of section 1245 property was sold at a gain. 1040x 2010 instructions You can figure the ordinary income from depreciation as if the 50 machines and 25 trucks were one item. 1040x 2010 instructions However, if five of the trucks had been sold at a loss, only the 50 machines and 20 of the trucks could be treated as one item in determining the ordinary income from depreciation. 1040x 2010 instructions Normal retirement. 1040x 2010 instructions   The normal retirement of section 1245 property in multiple asset accounts does not require recognition of gain as ordinary income from depreciation if your method of accounting for asset retirements does not require recognition of that gain. 1040x 2010 instructions Section 1250 Property Gain on the disposition of section 1250 property is treated as ordinary income to the extent of additional depreciation allowed or allowable on the property. 1040x 2010 instructions To determine the additional depreciation on section 1250 property, see Additional Depreciation, below. 1040x 2010 instructions Section 1250 property defined. 1040x 2010 instructions   This includes all real property that is subject to an allowance for depreciation and that is not and never has been section 1245 property. 1040x 2010 instructions It includes a leasehold of land or section 1250 property subject to an allowance for depreciation. 1040x 2010 instructions A fee simple interest in land is not included because it is not depreciable. 1040x 2010 instructions   If your section 1250 property becomes section 1245 property because you change its use, you can never again treat it as section 1250 property. 1040x 2010 instructions Additional Depreciation If you hold section 1250 property longer than 1 year, the additional depreciation is the actual depreciation adjustments that are more than the depreciation figured using the straight line method. 1040x 2010 instructions For a list of items treated as depreciation adjustments, see Depreciation and amortization under Gain Treated as Ordinary Income, earlier. 1040x 2010 instructions For the treatment of unrecaptured section 1250 gain, see Capital Gains Tax Rate, later. 1040x 2010 instructions If you hold section 1250 property for 1 year or less, all the depreciation is additional depreciation. 1040x 2010 instructions You will not have additional depreciation if any of the following conditions apply to the property disposed of. 1040x 2010 instructions You figured depreciation for the property using the straight line method or any other method that does not result in depreciation that is more than the amount figured by the straight line method; you held the property longer than 1 year; and, if the property was qualified property, you made a timely election not to claim any special depreciation allowance. 1040x 2010 instructions In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction for property placed in service before January 1, 2010. 1040x 2010 instructions The property was residential low-income rental property you held for 162/3 years or longer. 1040x 2010 instructions For low-income rental housing on which the special 60-month depreciation for rehabilitation expenses was allowed, the 162/3 years start when the rehabilitated property is placed in service. 1040x 2010 instructions You chose the alternate ACRS method for the property, which was a type of 15-, 18-, or 19-year real property covered by the section 1250 rules. 1040x 2010 instructions The property was residential rental property or nonresidential real property placed in service after 1986 (or after July 31, 1986, if the choice to use MACRS was made); you held it longer than 1 year; and, if the property was qualified property, you made a timely election not to claim any special depreciation allowance. 1040x 2010 instructions These properties are depreciated using the straight line method. 1040x 2010 instructions In addition, if the property was in a renewal community, you must not have elected to claim a commercial revitalization deduction. 1040x 2010 instructions Depreciation taken by other taxpayers or on other property. 1040x 2010 instructions   Additional depreciation includes all depreciation adjustments to the basis of section 1250 property whether allowed to you or another person (as carryover basis property). 1040x 2010 instructions Example. 1040x 2010 instructions Larry Johnson gives his son section 1250 property on which he took $2,000 in depreciation deductions, of which $500 is additional depreciation. 1040x 2010 instructions Immediately after the gift, the son's adjusted basis in the property is the same as his father's and reflects the $500 additional depreciation. 1040x 2010 instructions On January 1 of the next year, after taking depreciation deductions of $1,000 on the property, of which $200 is additional depreciation, the son sells the property. 1040x 2010 instructions At the time of sale, the additional depreciation is $700 ($500 allowed the father plus $200 allowed the son). 1040x 2010 instructions Depreciation allowed or allowable. 1040x 2010 instructions   The greater of depreciation allowed or allowable (to any person who held the property if the depreciation was used in figuring its adjusted basis in your hands) generally is the amount to use in figuring the part of the gain to be reported as ordinary income. 1040x 2010 instructions If you can show that the deduction allowed for any tax year was less than the amount allowable, the lesser figure will be the depreciation adjustment for figuring additional depreciation. 1040x 2010 instructions Retired or demolished property. 1040x 2010 instructions   The adjustments reflected in adjusted basis generally do not include deductions for depreciation on retired or demolished parts of section 1250 property unless these deductions are reflected in the basis of replacement property that is section 1250 property. 1040x 2010 instructions Example. 1040x 2010 instructions A wing of your building is totally destroyed by fire. 1040x 2010 instructions The depreciation adjustments figured in the adjusted basis of the building after the wing is destroyed do not include any deductions for depreciation on the destroyed wing unless it is replaced and the adjustments for depreciation on it are reflected in the basis of the replacement property. 1040x 2010 instructions Figuring straight line depreciation. 1040x 2010 instructions   The useful life and salvage value you would have used to figure straight line depreciation are the same as those used under the depreciation method you actually used. 1040x 2010 instructions If you did not use a useful life under the depreciation method actually used (such as with the units-of-production method) or if you did not take salvage value into account (such as with the declining balance method), the useful life or salvage value for figuring what would have been the straight line depreciation is the useful life and salvage value you would have used under the straight line method. 1040x 2010 instructions   Salvage value and useful life are not used for the ACRS method of depreciation. 1040x 2010 instructions Figure straight line depreciation for ACRS real property by using its 15-, 18-, or 19-year recovery period as the property's useful life. 1040x 2010 instructions   The straight line method is applied without any basis reduction for the investment credit. 1040x 2010 instructions Property held by lessee. 1040x 2010 instructions   If a lessee makes a leasehold improvement, the lease period for figuring what would have been the straight line depreciation adjustments includes all renewal periods. 1040x 2010 instructions This inclusion of the renewal periods cannot extend the lease period taken into account to a period that is longer than the remaining useful life of the improvement. 1040x 2010 instructions The same rule applies to the cost of acquiring a lease. 1040x 2010 instructions   The term renewal period means any period for which the lease may be renewed, extended, or continued under an option exercisable by the lessee. 1040x 2010 instructions However, the inclusion of renewal periods cannot extend the lease by more than two-thirds of the period that was the basis on which the actual depreciation adjustments were allowed. 1040x 2010 instructions Applicable Percentage The applicable percentage used to figure the ordinary income because of additional depreciation depends on whether the real property you disposed of is nonresidential real property, residential rental property, or low-income housing. 1040x 2010 instructions The percentages for these types of real property are as follows. 1040x 2010 instructions Nonresidential real property. 1040x 2010 instructions   For real property that is not residential rental property, the applicable percentage for periods after 1969 is 100%. 1040x 2010 instructions For periods before 1970, the percentage is zero and no ordinary income because of additional depreciation before 1970 will result from its disposition. 1040x 2010 instructions Residential rental property. 1040x 2010 instructions   For residential rental property (80% or more of the gross income is from dwelling units) other than low-income housing, the applicable percentage for periods after 1975 is 100%. 1040x 2010 instructions The percentage for periods before 1976 is zero. 1040x 2010 instructions Therefore, no ordinary income because of additional depreciation before 1976 will result from a disposition of residential rental property. 1040x 2010 instructions Low-income housing. 1040x 2010 instructions    Low-income housing includes all the following types of residential rental property. 1040x 2010 instructions Federally assisted housing projects if the mortgage is insured under section 221(d)(3) or 236 of the National Housing Act or housing financed or assisted by direct loan or tax abatement under similar provisions of state or local laws. 1040x 2010 instructions Low-income rental housing for which a depreciation deduction for rehabilitation expenses was allowed. 1040x 2010 instructions Low-income rental housing held for occupancy by families or individuals eligible to receive subsidies under section 8 of the United States Housing Act of 1937, as amended, or under provisions of state or local laws that authorize similar subsidies for low-income families. 1040x 2010 instructions Housing financed or assisted by direct loan or insured under Title V of the Housing Act of 1949. 1040x 2010 instructions   The applicable percentage for low-income housing is 100% minus 1% for each full month the property was held over 100 full months. 1040x 2010 instructions If you have held low-income housing at least 16 years and 8 months, the percentage is zero and no ordinary income will result from its disposition. 1040x 2010 instructions Foreclosure. 1040x 2010 instructions   If low-income housing is disposed of because of foreclosure or similar proceedings, the monthly applicable percentage reduction is figured as if you disposed of the property on the starting date of the proceedings. 1040x 2010 instructions Example. 1040x 2010 instructions On June 1, 2001, you acquired low-income housing property. 1040x 2010 instructions On April 3, 2012 (130 months after the property was acquired), foreclosure proceedings were started on the property and on December 3, 2013 (150 months after the property was acquired), the property was disposed of as a result of the foreclosure proceedings. 1040x 2010 instructions The property qualifies for a reduced applicable percentage because it was held more than 100 full months. 1040x 2010 instructions The applicable percentage reduction is 30% (130 months minus 100 months) rather than 50% (150 months minus 100 months) because it does not apply after April 3, 2012, the starting date of the foreclosure proceedings. 1040x 2010 instructions Therefore, 70% of the additional depreciation is treated as ordinary income. 1040x 2010 instructions Holding period. 1040x 2010 instructions   The holding period used to figure the applicable percentage for low-income housing generally starts on the day after you acquired it. 1040x 2010 instructions For example, if you bought low-income housing on January 1, 1997, the holding period starts on January 2, 1997. 1040x 2010 instructions If you sold it on January 2, 2013, the holding period is exactly 192 full months. 1040x 2010 instructions The applicable percentage for additional depreciation is 8%, or 100% minus 1% for each full month the property was held over 100 full months. 1040x 2010 instructions Holding period for constructed, reconstructed, or erected property. 1040x 2010 instructions   The holding period used to figure the applicable percentage for low-income housing you constructed, reconstructed, or erected starts on the first day of the month it is placed in service in a trade or business, in an activity for the production of income, or in a personal activity. 1040x 2010 instructions Property acquired by gift or received in a tax-free transfer. 1040x 2010 instructions   For low-income housing you acquired by gift or in a tax-free transfer the basis of which is figured by reference to the basis in the hands of the transferor, the holding period for the applicable percentage includes the holding period of the transferor. 1040x 2010 instructions   If the adjusted basis of the property in your hands just after acquiring it is more than its adjusted basis to the transferor just before transferring it, the holding period of the difference is figured as if it were a separate improvement. 1040x 2010 instructions See Low-Income Housing With Two or More Elements, next. 1040x 2010 instructions Low-Income Housing With Two or More Elements If you dispose of low-income housing property that has two or more separate elements, the applicable percentage used to figure ordinary income because of additional depreciation may be different for each element. 1040x 2010 instructions The gain to be reported as ordinary income is the sum of the ordinary income figured for each element. 1040x 2010 instructions The following are the types of separate elements. 1040x 2010 instructions A separate improvement (defined below). 1040x 2010 instructions The basic section 1250 property plus improvements not qualifying as separate improvements. 1040x 2010 instructions The units placed in service at different times before all the section 1250 property is finished. 1040x 2010 instructions For example, this happens when a taxpayer builds an apartment building of 100 units and places 30 units in service (available for renting) on January 4, 2011, 50 on July 18, 2011, and the remaining 20 on January 18, 2012. 1040x 2010 instructions As a result, the apartment house consists of three separate elements. 1040x 2010 instructions The 36-month test for separate improvements. 1040x 2010 instructions   A separate improvement is any improvement (qualifying under The 1-year test, below) added to the capital account of the property, but only if the total of the improvements during the 36-month period ending on the last day of any tax year is more than the greatest of the following amounts. 1040x 2010 instructions Twenty-five percent of the adjusted basis of the property at the start of the first day of the 36-month period, or the first day of the holding period of the property, whichever is later. 1040x 2010 instructions Ten percent of the unadjusted basis (adjusted basis plus depreciation and amortization adjustments) of the property at the start of the period determined in (1). 1040x 2010 instructions $5,000. 1040x 2010 instructions The 1-year test. 1040x 2010 instructions   An addition to the capital account for any tax year (including a short tax year) is treated as an improvement only if the sum of all additions for the year is more than the greater of $2,000 or 1% of the unadjusted basis of the property. 1040x 2010 instructions The unadjusted basis is figured as of the start of that tax year or the holding period of the property, whichever is later. 1040x 2010 instructions In applying the 36-month test, improvements in any one of the 3 years are omitted entirely if the total improvements in that year do not qualify under the 1-year test. 1040x 2010 instructions Example. 1040x 2010 instructions The unadjusted basis of a calendar year taxpayer's property was $300,000 on January 1 of this year. 1040x 2010 instructions During the year, the taxpayer made improvements A, B, and C, which cost $1,000, $600, and $700, respectively. 1040x 2010 instructions The sum of the improvements, $2,300, is less than 1% of the unadjusted basis ($3,000), so the improvements do not satisfy the 1-year test and are not treated as improvements for the 36-month test. 1040x 2010 instructions However, if improvement C had cost $1,500, the sum of these improvements would have been $3,100. 1040x 2010 instructions Then, it would be necessary to apply the 36-month test to figure if the improvements must be treated as separate improvements. 1040x 2010 instructions Addition to the capital account. 1040x 2010 instructions   Any addition to the capital account made after the initial acquisition or completion of the property by you or any person who held the property during a period included in your holding period is to be considered when figuring the total amount of separate improvements. 1040x 2010 instructions   The addition to the capital account of depreciable real property is the gross addition not reduced by amounts attributable to replaced property. 1040x 2010 instructions For example, if a roof with an adjusted basis of $20,000 is replaced by a new roof costing $50,000, the improvement is the gross addition to the account, $50,000, and not the net addition of $30,000. 1040x 2010 instructions The $20,000 adjusted basis of the old roof is no longer reflected in the basis of the property. 1040x 2010 instructions The status of an addition to the capital account is not affected by whether it is treated as a separate property for determining depreciation deductions. 1040x 2010 instructions   Whether an expense is treated as an addition to the capital account may depend on the final disposition of the entire property. 1040x 2010 instructions If the expense item property and the basic property are sold in two separate transactions, the entire section 1250 property is treated as consisting of two distinct properties. 1040x 2010 instructions Unadjusted basis. 1040x 2010 instructions   In figuring the unadjusted basis as of a certain date, include the actual cost of all previous additions to the capital account plus those that did not qualify as separate improvements. 1040x 2010 instructions However, the cost of components retired before that date is not included in the unadjusted basis. 1040x 2010 instructions Holding period. 1040x 2010 instructions   Use the following guidelines for figuring the applicable percentage for property with two or more elements. 1040x 2010 instructions The holding period of a separate element placed in service before the entire section 1250 property is finished starts on the first day of the month that the separate element is placed in service. 1040x 2010 instructions The holding period for each separate improvement qualifying as a separate element starts on the day after the improvement is acquired or, for improvements constructed, reconstructed, or erected, the first day of the month that the improvement is placed in service. 1040x 2010 instructions The holding period for each improvement not qualifying as a separate element takes the holding period of the basic property. 1040x 2010 instructions   If an improvement by itself does not meet the 1-year test (greater of $2,000 or 1% of the unadjusted basis), but it does qualify as a separate improvement that is a separate element (when grouped with other improvements made during the tax year), determine the start of its holding period as follows. 1040x 2010 instructions Use the first day of a calendar month that is closest to the middle of the tax year. 1040x 2010 instructions If there are two first days of a month that are equally close to the middle of the year, use the earlier date. 1040x 2010 instructions Figuring ordinary income attributable to each separate element. 1040x 2010 instructions   Figure ordinary income attributable to each separate element as follows. 1040x 2010 instructions   Step 1. 1040x 2010 instructions Divide the element's additional depreciation after 1975 by the sum of all the elements' additional depreciation after 1975 to determine the percentage used in Step 2. 1040x 2010 instructions   Step 2. 1040x 2010 instructions Multiply the percentage figured in Step 1 by the lesser of the additional depreciation after 1975 for the entire property or the gain from disposition of the entire property (the difference between the fair market value or amount realized and the adjusted basis). 1040x 2010 instructions   Step 3. 1040x 2010 instructions Multiply the result in Step 2 by the applicable percentage for the element. 1040x 2010 instructions Example. 1040x 2010 instructions You sold at a gain of $25,000 low-income housing property subject to the ordinary income rules of section 1250. 1040x 2010 instructions The property consisted of four elements (W, X, Y, and Z). 1040x 2010 instructions Step 1. 1040x 2010 instructions The additional depreciation for each element is: W-$12,000; X-None; Y-$6,000; and Z-$6,000. 1040x 2010 instructions The sum of the additional depreciation for all the elements is $24,000. 1040x 2010 instructions Step 2. 1040x 2010 instructions The depreciation deducted on element X was $4,000 less than it would have been under the straight line method. 1040x 2010 instructions Additional depreciation on the property as a whole is $20,000 ($24,000 − $4,000). 1040x 2010 instructions $20,000 is lower than the $25,000 gain on the sale, so $20,000 is used in Step 2. 1040x 2010 instructions Step 3. 1040x 2010 instructions The applicable percentages to be used in Step 3 for the elements are: W-68%; X-85%; Y-92%; and Z-100%. 1040x 2010 instructions From these facts, the sum of the ordinary income for each element is figured as follows. 1040x 2010 instructions   Step 1 Step 2 Step 3 Ordinary Income W . 1040x 2010 instructions 50 $10,000 68% $ 6,800 X -0- -0- 85% -0- Y . 1040x 2010 instructions 25 5,000 92% 4,600 Z . 1040x 2010 instructions 25 5,000 100% 5,000 Sum of ordinary income of separate elements $16,400 Gain Treated as Ordinary Income To find what part of the gain from the disposition of section 1250 property is treated as ordinary income, follow these steps. 1040x 2010 instructions In a sale, exchange, or involuntary conversion of the property, figure the amount realized that is more than the adjusted basis of the property. 1040x 2010 instructions In any other disposition of the property, figure the fair market value that is more than the adjusted basis. 1040x 2010 instructions Figure the additional depreciation for the periods after 1975. 1040x 2010 instructions Multiply the lesser of (1) or (2) by the applicable percentage, discussed earlier under Applicable Percentage. 1040x 2010 instructions Stop here if this is residential rental property or if (2) is equal to or more than (1). 1040x 2010 instructions This is the gain treated as ordinary income because of additional depreciation. 1040x 2010 instructions Subtract (2) from (1). 1040x 2010 instructions Figure the additional depreciation for periods after 1969 but before 1976. 1040x 2010 instructions Add the lesser of (4) or (5) to the result in (3). 1040x 2010 instructions This is the gain treated as ordinary income because of additional depreciation. 1040x 2010 instructions A limit on the amount treated as ordinary income for gain on like-kind exchanges and involuntary conversions is explained later. 1040x 2010 instructions Use Form 4797, Part III, to figure the ordinary income part of the gain. 1040x 2010 instructions Corporations. 1040x 2010 instructions   Corporations, other than S corporations, must recognize an additional amount as ordinary income on the sale or other disposition of section 1250 property. 1040x 2010 instructions The additional amount treated as ordinary income is 20% of the excess of the amount that would have been ordinary income if the property were section 1245 property over the amount treated as ordinary income under section 1250. 1040x 2010 instructions Report this additional ordinary income on Form 4797, Part III, line 26 (f). 1040x 2010 instructions Installment Sales If you report the sale of property under the installment method, any depreciation recapture under section 1245 or 1250 is taxable as ordinary income in the year of sale. 1040x 2010 instructions This applies even if no payments are received in that year. 1040x 2010 instructions If the gain is more than the depreciation recapture income, report the rest of the gain using the rules of the installment method. 1040x 2010 instructions For this purpose, include the recapture income in your installment sale basis to determine your gross profit on the installment sale. 1040x 2010 instructions If you dispose of more than one asset in a single transaction, you must figure the gain on each asset separately so that it may be properly reported. 1040x 2010 instructions To do this, allocate the selling price and the payments you receive in the year of sale to each asset. 1040x 2010 instructions Report any depreciation recapture income in the year of sale before using the installment method for any remaining gain. 1040x 2010 instructions For a detailed discussion of installment sales, see Publication 537. 1040x 2010 instructions Gifts If you make a gift of depreciable personal property or real property, you do not have to report income on the transaction. 1040x 2010 instructions However, if the person who receives it (donee) sells or otherwise disposes of the property in a disposition subject to recapture, the donee must take into account the depreciation you deducted in figuring the gain to be reported as ordinary income. 1040x 2010 instructions For low-income housing, the donee must take into account the donor's holding period to figure the applicable percentage. 1040x 2010 instructions See Applicable Percentage and its discussion Holding period under Section 1250 Property, earlier. 1040x 2010 instructions Part gift and part sale or exchange. 1040x 2010 instructions   If you transfer depreciable personal property or real property for less than its fair market value in a transaction considered to be partly a gift and partly a sale or exchange and you have a gain because the amount realized is more than your adjusted basis, you must report ordinary income (up to the amount of gain) to recapture depreciation. 1040x 2010 instructions If the depreciation (additional depreciation, if section 1250 property) is more than the gain, the balance is carried over to the transferee to be taken into account on any later disposition of the property. 1040x 2010 instructions However, see Bargain sale to charity, later. 1040x 2010 instructions Example. 1040x 2010 instructions You transferred depreciable personal property to your son for $20,000. 1040x 2010 instructions When transferred, the property had an adjusted basis to you of $10,000 and a fair market value of $40,000. 1040x 2010 instructions You took depreciation of $30,000. 1040x 2010 instructions You are considered to have made a gift of $20,000, the difference between the $40,000 fair market value and the $20,000 sale price to your son. 1040x 2010 instructions You have a taxable gain on the transfer of $10,000 ($20,000 sale price minus $10,000 adjusted basis) that must be reported as ordinary income from depreciation. 1040x 2010 instructions You report $10,000 of your $30,000 depreciation as ordinary income on the transfer of the property, so the remaining $20,000 depreciation is carried over to your son for him to take into account on any later disposition of the property. 1040x 2010 instructions Gift to charitable organization. 1040x 2010 instructions   If you give property to a charitable organization, you figure your deduction for your charitable contribution by reducing the fair market value of the property by the ordinary income and short-term capital gain that would have resulted had you sold the property at its fair market value at the time of the contribution. 1040x 2010 instructions Thus, your deduction for depreciable real or personal property given to a charitable organization does not include the potential ordinary gain from depreciation. 1040x 2010 instructions   You also may have to reduce the fair market value of the contributed property by the long-term capital gain (including any section 1231 gain) that would have resulted had the property been sold. 1040x 2010 instructions For more information, see Giving Property That Has Increased in Value in Publication 526. 1040x 2010 instructions Bargain sale to charity. 1040x 2010 instructions   If you transfer section 1245 or section 1250 property to a charitable organization for less than its fair market value and a deduction for the contribution part of the transfer is allowable, your ordinary income from depreciation is figured under different rules. 1040x 2010 instructions First, figure the ordinary income as if you had sold the property at its fair market value. 1040x 2010 instructions Then, allocate that amount between the sale and the contribution parts of the transfer in the same proportion that you allocated your adjusted basis in the property to figure your gain. 1040x 2010 instructions See Bargain Sale under Gain or Loss From Sales and Exchanges in chapter 1. 1040x 2010 instructions Report as ordinary income the lesser of the ordinary income allocated to the sale or your gain from the sale. 1040x 2010 instructions Example. 1040x 2010 instructions You sold section 1245 property in a bargain sale to a charitable organization and are allowed a deduction for your contribution. 1040x 2010 instructions Your gain on the sale was $1,200, figured by allocating 20% of your adjusted basis in the property to the part sold. 1040x 2010 instructions If you had sold the property at its fair market value, your ordinary income would have been $5,000. 1040x 2010 instructions Your ordinary income is $1,000 ($5,000 × 20%) and your section 1231 gain is $200 ($1,200 – $1,000). 1040x 2010 instructions Transfers at Death When a taxpayer dies, no gain is reported on depreciable personal property or real property transferred to his or her estate or beneficiary. 1040x 2010 instructions For information on the tax liability of a decedent, see Publication 559, Survivors, Executors, and Administrators. 1040x 2010 instructions However, if the decedent disposed of the property while alive and, because of his or her method of accounting or for any other reason, the gain from the disposition is reportable by the estate or beneficiary, it must be reported in the same way the decedent would have had to report it if he or she were still alive. 1040x 2010 instructions Ordinary income due to depreciation must be reported on a transfer from an executor, administrator, or trustee to an heir, beneficiary, or other individual if the transfer is a sale or exchange on which gain is realized. 1040x 2010 instructions Example 1. 1040x 2010 instructions Janet Smith owned depreciable property that, upon her death, was inherited by her son. 1040x 2010 instructions No ordinary income from depreciation is reportable on the transfer, even though the value used for estate tax purposes is more than the adjusted basis of the property to Janet when she died. 1040x 2010 instructions However, if she sold the property before her death and realized a gain and if, because of her method of accounting, the proceeds from the sale are income in respect of a decedent reportable by her son, he must report ordinary income from depreciation. 1040x 2010 instructions Example 2. 1040x 2010 instructions The trustee of a trust created by a will transfers depreciable property to a beneficiary in satisfaction of a specific bequest of $10,000. 1040x 2010 instructions If the property had a value of $9,000 at the date used for estate tax valuation purposes, the $1,000 increase in value to the date of distribution is a gain realized by the trust. 1040x 2010 instructions Ordinary income from depreciation must be reported by the trust on the transfer. 1040x 2010 instructions Like-Kind Exchanges and Involuntary Conversions A like-kind exchange of your depreciable property or an involuntary conversion of the property into similar or related property will not result in your having to report ordinary income from depreciation unless money or property other than like-kind, similar, or related property is also received in the transaction. 1040x 2010 instructions For information on like-kind exchanges and involuntary conversions, see chapter 1. 1040x 2010 instructions Depreciable personal property. 1040x 2010 instructions   If you have a gain from either a like-kind exchange or an involuntary conversion of your depreciable personal property, the amount to be reported as ordinary income from depreciation is the amount figured under the rules explained earlier (see Section 1245 Property), limited to the sum of the following amounts. 1040x 2010 instructions The gain that must be included in income under the rules for like-kind exchanges or involuntary conversions. 1040x 2010 instructions The fair market value of the like-kind, similar, or related property other than depreciable personal property acquired in the transaction. 1040x 2010 instructions Example 1. 1040x 2010 instructions You bought a new machine for $4,300 cash plus your old machine for which you were allowed a $1,360 trade-in. 1040x 2010 instructions The old machine cost you $5,000 two years ago. 1040x 2010 instructions You took depreciation deductions of $3,950. 1040x 2010 instructions Even though you deducted depreciation of $3,950, the $310 gain ($1,360 trade-in allowance minus $1,050 adjusted basis) is not reported because it is postponed under the rules for like-kind exchanges and you received only depreciable personal property in the exchange. 1040x 2010 instructions Example 2. 1040x 2010 instructions You bought office machinery for $1,500 two years ago and deducted $780 depreciation. 1040x 2010 instructions This year a fire destroyed the machinery and you received $1,200 from your fire insurance, realizing a gain of $480 ($1,200 − $720 adjusted basis). 1040x 2010 instructions You choose to postpone reporting gain, but replacement machinery cost you only $1,000. 1040x 2010 instructions Your taxable gain under the rules for involuntary conversions is limited to the remaining $200 insurance payment. 1040x 2010 instructions All your replacement property is depreciable personal property, so your ordinary income from depreciation is limited to $200. 1040x 2010 instructions Example 3. 1040x 2010 instructions A fire destroyed office machinery you bought for $116,000. 1040x 2010 instructions The depreciation deductions were $91,640 and the machinery had an adjusted basis of $24,360. 1040x 2010 instructions You received a $117,000 insurance payment, realizing a gain of $92,640. 1040x 2010 instructions You immediately spent $105,000 of the insurance payment for replacement machinery and $9,000 for stock that qualifies as replacement property and you choose to postpone reporting the gain. 1040x 2010 instructions $114,000 of the $117,000 insurance payment was used to buy replacement property, so the gain that must be included in income under the rules for involuntary conversions is the part not spent, or $3,000. 1040x 2010 instructions The part of the insurance payment ($9,000) used to buy the nondepreciable property (the stock) also must be included in figuring the gain from depreciation. 1040x 2010 instructions The amount you must report as ordinary income on the transaction is $12,000, figured as follows. 1040x 2010 instructions 1) Gain realized on the transaction ($92,640) limited to depreciation ($91,640) $91,640 2) Gain includible in income (amount not spent) 3,000     Plus: fair market value of property other than depreciable personal property (the stock) 9,000 12,000 Amount reportable as ordinary income (lesser of (1) or (2)) $12,000   If, instead of buying $9,000 in stock, you bought $9,000 worth of depreciable personal property similar or related in use to the destroyed property, you would only report $3,000 as ordinary income. 1040x 2010 instructions Depreciable real property. 1040x 2010 instructions   If you have a gain from either a like-kind exchange or involuntary conversion of your depreciable real property, ordinary income from additional depreciation is figured under the rules explained earlier (see Section 1250 Property), limited to the greater of the following amounts. 1040x 2010 instructions The gain that must be reported under the rules for like-kind exchanges or involuntary conversions plus the fair market value of stock bought as replacement property in acquiring control of a corporation. 1040x 2010 instructions The gain you would have had to report as ordinary income from additional depreciation had the transaction been a cash sale minus the cost (or fair market value in an exchange) of the depreciable real property acquired. 1040x 2010 instructions   The ordinary income not reported for the year of the disposition is carried over to the depreciable real property acquired in the like-kind exchange or involuntary conversion as additional depreciation from the property disposed of. 1040x 2010 instructions Further, to figure the applicable percentage of additional depreciation to be treated as ordinary income, the holding period starts over for the new property. 1040x 2010 instructions Example. 1040x 2010 instructions The state paid you $116,000 when it condemned your depreciable real property for public use. 1040x 2010 instructions You bought other real property similar in use to the property condemned for $110,000 ($15,000 for depreciable real property and $95,000 for land). 1040x 2010 instructions You also bought stock for $5,000 to get control of a corporation owning property similar in use to the property condemned. 1040x 2010 instructions You choose to postpone reporting the gain. 1040x 2010 instructions If the transaction had been a sale for cash only, under the rules described earlier, $20,000 would have been reportable as ordinary income because of additional depreciation. 1040x 2010 instructions The ordinary income to be reported is $6,000, which is the greater of the following amounts. 1040x 2010 instructions The gain that must be reported under the rules for involuntary conversions, $1,000 ($116,000 − $115,000) plus the fair market value of stock bought as qualified replacement property, $5,000, for a total of $6,000. 1040x 2010 instructions The gain you would have had to report as ordinary income from additional depreciation ($20,000) had this transaction been a cash sale minus the cost of the depreciable real property bought ($15,000), or $5,000. 1040x 2010 instructions   The ordinary income not reported, $14,000 ($20,000 − $6,000), is carried over to the depreciable real property you bought as additional depreciation. 1040x 2010 instructions Basis of property acquired. 1040x 2010 instructions   If the ordinary income you have to report because of additional depreciation is limited, the total basis of the property you acquired is its fair market value (its cost, if bought to replace property involuntarily converted into money) minus the gain postponed. 1040x 2010 instructions   If you acquired more than one item of property, allocate the total basis among the properties in proportion to their fair market value (their cost, in an involuntary conversion into money). 1040x 2010 instructions However, if you acquired both depreciable real property and other property, allocate the total basis as follows. 1040x 2010 instructions Subtract the ordinary income because of additional depreciation that you do not have to report from the fair market value (or cost) of the depreciable real property acquired. 1040x 2010 instructions Add the fair market value (or cost) of the other property acquired to the result in (1). 1040x 2010 instructions Divide the result in (1) by the result in (2). 1040x 2010 instructions Multiply the total basis by the result in (3). 1040x 2010 instructions This is the basis of the depreciable real property acquired. 1040x 2010 instructions If you acquired more than one item of depreciable real property, allocate this basis amount among the properties in proportion to their fair market value (or cost). 1040x 2010 instructions Subtract the result in (4) from the total basis. 1040x 2010 instructions This is the basis of the other property acquired. 1040x 2010 instructions If you acquired more than one item of other property, allocate this basis amount among the properties in proportion to their fair market value (or cost). 1040x 2010 instructions Example 1. 1040x 2010 instructions In 1988, low-income housing property that you acquired and placed in service in 1983 was destroyed by fire and you received a $90,000 insurance payment. 1040x 2010 instructions The property's adjusted basis was $38,400, with additional depreciation of $14,932. 1040x 2010 instructions On December 1, 1988, you used the insurance payment to acquire and place in service replacement low-income housing property. 1040x 2010 instructions Your realized gain from the involuntary conversion was $51,600 ($90,000 − $38,400). 1040x 2010 instructions You chose to postpone reporting the gain under the involuntary conversion rules. 1040x 2010 instructions Under the rules for depreciation recapture on real property, the ordinary gain was $14,932, but you did not have to report any of it because of the limit for involuntary conversions. 1040x 2010 instructions The basis of the replacement low-income housing property was its $90,000 cost minus the $51,600 gain you postponed, or $38,400. 1040x 2010 instructions The $14,932 ordinary gain you did not report is treated as additional depreciation on the replacement property. 1040x 2010 instructions If you sold the property in 2013, your holding period for figuring the applicable percentage of additional depreciation to report as ordinary income will have begun December 2, 1988, the day after you acquired the property. 1040x 2010 instructions Example 2. 1040x 2010 instructions John Adams received a $90,000 fire insurance payment for depreciable real property (office building) with an adjusted basis of $30,000. 1040x 2010 instructions He uses the whole payment to buy property similar in use, spending $42,000 for depreciable real property and $48,000 for land. 1040x 2010 instructions He chooses to postpone reporting the $60,000 gain realized on the involuntary conversion. 1040x 2010 instructions Of this gain, $10,000 is ordinary income from additional depreciation but is not reported because of the limit for involuntary conversions of depreciable real property. 1040x 2010 instructions The basis of the property bought is $30,000 ($90,000 − $60,000), allocated as follows. 1040x 2010 instructions The $42,000 cost of depreciable real property minus $10,000 ordinary income not reported is $32,000. 1040x 2010 instructions The $48,000 cost of other property (land) plus the $32,000 figured in (1) is $80,000. 1040x 2010 instructions The $32,000 figured in (1) divided by the $80,000 figured in (2) is 0. 1040x 2010 instructions 4. 1040x 2010 instructions The basis of the depreciable real property is $12,000. 1040x 2010 instructions This is the $30,000 total basis multiplied by the 0. 1040x 2010 instructions 4 figured in (3). 1040x 2010 instructions The basis of the other property (land) is $18,000. 1040x 2010 instructions This is the $30,000 total basis minus the $12,000 figured in (4). 1040x 2010 instructions The ordinary income that is not reported ($10,000) is carried over as additional depreciation to the depreciable real property that was bought and may be taxed as ordinary income on a later disposition. 1040x 2010 instructions Multiple Properties If you dispose of depreciable property and other property in one transaction and realize a gain, you must allocate the amount realized between the two types of property in proportion to their respective fair market values to figure the part of your gain to be reported as ordinary income from depreciation. 1040x 2010 instructions Different rules may apply to the allocation of the amount realized on the sale of a business that includes a group of assets. 1040x 2010 instructions See chapter 2. 1040x 2010 instructions In general, if a buyer and seller have adverse interests as to the allocation of the amount realized between the depreciable property and other property, any arm's length agreement between them will establish the allocation. 1040x 2010 instructions In the absence of an agreement, the allocation should be made by taking into account the appropriate facts and circumstances. 1040x 2010 instructions These include, but are not limited to, a comparison between the depreciable property and all the other property being disposed of in the transaction. 1040x 2010 instructions The comparison should take into account all the following facts and circumstances. 1040x 2010 instructions The original cost and reproduction cost of construction, erection, or production. 1040x 2010 instructions The remaining economic useful life. 1040x 2010 instructions The state of obsolescence. 1040x 2010 instructions The anticipated expenditures required to maintain, renovate, or modernize the properties. 1040x 2010 instructions Like-kind exchanges and involuntary conversions. 1040x 2010 instructions   If you dispose of and acquire depreciable personal property and other property (other than depreciable real property) in a like-kind exchange or involuntary conversion, the amount realized is allocated in the following way. 1040x 2010 instructions The amount allocated to the depreciable personal property disposed of is treated as consisting of, first, the fair market value of the depreciable personal property acquired and, second (to the extent of any remaining balance), the fair market value of the other property acquired. 1040x 2010 instructions The amount allocated to the other property disposed of is treated as consisting of the fair market value of all property acquired that has not already been taken into account. 1040x 2010 instructions   If you dispose of and acquire depreciable real property and other property in a like-kind exchange or involuntary conversion, the amount realized is allocated in the following way. 1040x 2010 instructions The amount allocated to each of the three types of property (depreciable real property, depreciable personal property, or other property) disposed of is treated as consisting of, first, the fair market value of that type of property acquired and, second (to the extent of any remaining balance), any excess fair market value of the other types of property acquired. 1040x 2010 instructions If the excess fair market value is more than the remaining balance of the amount realized and is from both of the other two types of property, you can apply the unallocated amount in any manner you choose. 1040x 2010 instructions Example. 1040x 2010 instructions A fire destroyed your property with a total fair market value of $50,000. 1040x 2010 instructions It consisted of machinery worth $30,000 and nondepreciable property worth $20,000. 1040x 2010 instructions You received an insurance payment of $40,000 and immediately used it with $10,000 of your own funds (for a total of $50,000) to buy machinery with a fair market value of $15,000 and nondepreciable property with a fair market value of $35,000. 1040x 2010 instructions The adjusted basis of the destroyed machinery was $5,000 and your depreciation on it was $35,000. 1040x 2010 instructions You choose to postpone reporting your gain from the involuntary conversion. 1040x 2010 instructions You must report $9,000 as ordinary income from depreciation arising from this transaction, figured as follows. 1040x 2010 instructions The $40,000 insurance payment must be allocated between the machinery and the other property destroyed in proportion to the fair market value of each. 1040x 2010 instructions The amount allocated to the machinery is 30,000/50,000 × $40,000, or $24,000. 1040x 2010 instructions The amount allocated to the other property is 20,000/50,000 × $40,000, or $16,000. 1040x 2010 instructions Your gain on the involuntary conversion of the machinery is $24,000 minus $5,000 adjusted basis, or $19,000. 1040x 2010 instructions The $24,000 allocated to the machinery disposed of is treated as consisting of the $15,000 fair market value of the replacement machinery bought and $9,000 of the fair market value of other property bought in the transaction. 1040x 2010 instructions All $16,000 allocated to the other property disposed of is treated as consisting of the fair market value of the other property that was bought. 1040x 2010 instructions Your potential ordinary income from depreciation is $19,000, the gain on the machinery, because it is less than the $35,000 depreciation. 1040x 2010 instructions However, the amount you must report as ordinary income is limited to the $9,000 included in the amount realized for the machinery that represents the fair market value of property other than the depreciable property you bought. 1040x 2010 instructions Prev  Up  Next   Home   More Online Publications
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Tax Relief for Victims of Hurricane Sandy in New York

Updated 2/4/13 The IRS announced additional tax relief, further extending certain tax deadlines until April 1 for Nassau, Queens, Richmond and Suffolk counties. 

Updated 11/13/12 to add Orange, Putnam, Sullivan and Ulster counties.

NY-2012-47, Nov. 7, 2012

NEW YORK — Victims of Hurricane Sandy that began on Oct. 27, 2012 in parts of New York may qualify for tax relief from the Internal Revenue Service.

The President has declared Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Sullivan, Suffolk, Ulster and Westchester counties a federal disaster area. Individuals who reside or have a business in these counties may qualify for tax relief.

The declaration permits the IRS to postpone certain deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after Oct. 27, and on or before Feb. 1, have been postponed to Feb. 1, 2013.  

In addition, the IRS is waiving the failure-to-deposit penalties for employment and excise tax deposits due on or after Oct. 27, and on or before Nov. 26, as long as the deposits are made by Nov. 26, 2012.

If an affected taxpayer receives a penalty notice from the IRS, the taxpayer should call the telephone number on the notice to have the IRS abate any interest and any late filing or late payment penalties that would otherwise apply. Penalties or interest will be abated only for taxpayers who have an original or extended filing, payment or deposit due date, including an extended filing or payment due date, that falls within the postponement period.

The IRS automatically identifies taxpayers located in the covered disaster area and applies automatic filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area need to call the IRS disaster hotline at 866-562-5227 to request this tax relief.

For a full description of the relief being provided by the IRS to the victims of Hurricane Sandy, visit IRS.gov.

Covered Disaster Area

The counties above constitute a covered disaster area for purposes of Treas. Reg. § 301.7508A-1(d)(2) and are entitled to the relief detailed below.

Affected Taxpayers

Taxpayers considered to be affected taxpayers eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts are those taxpayers listed in Treas. Reg. § 301.7508A-1(d)(1), and include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a deadline listed in Treas. Reg. § 301.7508A-1(c) are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Grant of Relief

Under section 7508A, the IRS gives affected taxpayers until Feb. 1 to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, and trust returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), or to make tax payments, including estimated tax payments, that have either an original or extended due date occurring on or after Oct. 27 and on or before Feb. 1.

The IRS also gives affected taxpayers until Feb. 1 to perform other time-sensitive actions described in Treas. Reg. § 301.7508A-1(c)(1) and Rev. Proc. 2007-56, 2007-34 I.R.B. 388 (Aug. 20, 2007), that are due to be performed on or after Oct. 27 and on or before Feb. 1.

This relief also includes the filing of Form 5500 series returns, in the manner described in section 8 of Rev. Proc. 2007-56. The relief described in section 17 of Rev. Proc. 2007-56, pertaining to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.

The postponement of time to file and pay does not apply to information returns in the W-2, 1098, 1099 series, or to Forms 1042-S or 8027. Penalties for failure to timely file information returns can be waived under existing procedures for reasonable cause. Likewise, the postponement does not apply to employment and excise tax deposits. The IRS, however, will abate penalties for failure to make timely employment and excise tax deposits due on or after Oct. 27 and on or before Nov. 26 provided the taxpayer makes these deposits by Nov. 26.

Casualty Losses

Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either this year or last year. Claiming the loss on an original or amended return for last year will get the taxpayer an earlier refund, but waiting to claim the loss on this year’s return could result in a greater tax saving, depending on other income factors.

Individuals may deduct personal property losses that are not covered by insurance or other reimbursements. For details, see Form 4684 and its instructions.

Affected taxpayers claiming the disaster loss on last year’s return should put the Disaster Designation “New York/Hurricane Sandy” at the top of the form so that the IRS can expedite the processing of the refund.

Other Relief

The IRS will waive the usual fees and expedite requests for copies of previously filed tax returns for affected taxpayers. Taxpayers should put the assigned Disaster Designation in red ink at the top of Form 4506, Request for Copy of Tax Return, or Form 4506-T, Request for Transcript of Tax Return, as appropriate, and submit it to the IRS.

Affected taxpayers who are contacted by the IRS on a collection or examination matter should explain how the disaster impacts them so that the IRS can provide appropriate consideration to their case.

Taxpayers may download forms and publications from the official IRS website, irs.gov, or order them by calling 800-TAX-FORM (800-829-3676). The IRS toll-free number for general tax questions is 800-829-1040.

Related Information

Disaster Assistance and Emergency Relief for Individuals and Businesses

Recent IRS Disaster Relief Announcements

 

Page Last Reviewed or Updated: 28-Oct-2013

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call 1-888-227-7669 to find the nearest Tax-Aide location. 1040x 2010 instructions Call to check the status of your 2013 refund, 1-800-829-1954 or 1-800-829-4477. 1040x 2010 instructions The automated Where's My Refund? information is available 24 hours a day, 7 days a week. 1040x 2010 instructions If you e-file, your refund status is usually available within 24 hours after the IRS receives your tax return or 4 weeks after you've mailed a paper return. 1040x 2010 instructions Before you call, have your 2013 tax return handy so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. 1040x 2010 instructions Where's My Refund? can give you a personalized refund date as soon as the IRS processes your tax return and approves your refund. 1040x 2010 instructions Where's My Refund? includes information for the most recent return filed in the current year and does not include information about amended returns. 1040x 2010 instructions Call the Amended Return Hotline, 1-866-464-2050, to check the status of your amended return. 1040x 2010 instructions Call to order forms, instructions and publications, 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions and publications, and prior-year forms and instructions (limited to 5 years). 1040x 2010 instructions You should receive your order within 10 business days. 1040x 2010 instructions Call to order transcripts of your tax returns or tax account, 1-800-908-9946. 1040x 2010 instructions Follow the prompts to provide your Social Security Number or Individual Taxpayer Identification Number, date of birth, street address and ZIP code. 1040x 2010 instructions Call for TeleTax topics, 1-800-829-4477, to listen to pre-recorded messages covering various tax topics. 1040x 2010 instructions Call to ask tax questions, 1-800-829-1040. 1040x 2010 instructions Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. 1040x 2010 instructions The TTY/TDD telephone number is for people who are deaf, hard of hearing, or have a speech disability. 1040x 2010 instructions These individuals can also contact the IRS through relay services such as the Federal Relay Service available at www. 1040x 2010 instructions gsa. 1040x 2010 instructions gov/fedrelay. 1040x 2010 instructions Walk-in. 1040x 2010 instructions You can find a selection of forms, publications and services — in-person, face-to-face. 1040x 2010 instructions Products. 1040x 2010 instructions You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. 1040x 2010 instructions Some IRS offices, libraries, and city and county government offices have a collection of products available to photocopy from reproducible proofs. 1040x 2010 instructions Services. 1040x 2010 instructions You can walk in to your local TAC most business days for personal, face-to-face tax help. 1040x 2010 instructions An employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. 1040x 2010 instructions If you need to resolve a tax problem, have questions about how the tax law applies to your individual tax return, or you are more comfortable talking with someone in person, visit your local TAC where you can talk with an IRS representative face-to-face. 1040x 2010 instructions No appointment is necessary—just walk in. 1040x 2010 instructions Before visiting, check www. 1040x 2010 instructions irs. 1040x 2010 instructions gov/localcontacts for hours of operation and services provided. 1040x 2010 instructions Mail. 1040x 2010 instructions You can send your order for forms, instructions, and publications to the address below. 1040x 2010 instructions You should receive a response within 10 business days after your request is received. 1040x 2010 instructions  Internal Revenue Service 1201 N. 1040x 2010 instructions Mitsubishi Motorway Bloomington, IL 61705-6613 The Taxpayer Advocate Service Is Here to Help You. 1040x 2010 instructions    The Taxpayer Advocate Service (TAS) is your voice at the IRS. 1040x 2010 instructions Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights. 1040x 2010 instructions What can TAS do for you?    We can offer you free help with IRS problems that you can't resolve on your own. 1040x 2010 instructions We know this process can be confusing, but the worst thing you can do is nothing at all! 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