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Do state taxes Publication 925 - Introductory Material Table of Contents Future Developments Reminders IntroductionOrdering forms and publications. Do state taxes Tax questions. Do state taxes Useful Items - You may want to see: Future Developments For the latest developments related to Publication 925, such as legislation enacted after it was published, go to www. Do state taxes irs. Do state taxes gov/pub925. Do state taxes Reminders At-risk amounts. Do state taxes  The following rules apply to amounts borrowed after May 3, 2004. Do state taxes You must file Form 6198, At-Risk Limitations, if you are engaged in an activity included in (6) under Activities Covered by the At-Risk Rules and you have borrowed certain amounts described in Certain borrowed amounts excluded under At-Risk Amounts in this publication. Do state taxes You may be considered at risk for certain amounts described in Certain borrowed amounts excluded under At-Risk Amounts secured by real property used in the activity of holding real property (other than mineral property) that, if nonrecourse, would be qualified nonrecourse financing. Do state taxes Photographs of missing children. Do state taxes  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Do state taxes Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Do state taxes You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Do state taxes Introduction This publication discusses two sets of rules that may limit the amount of your deductible loss from a trade, business, rental, or other income-producing activity. Do state taxes The first part of the publication discusses the passive activity rules. Do state taxes The second part discusses the at-risk rules. Do state taxes However, when you figure your allowable losses from any activity, you must apply the at-risk rules before the passive activity rules. Do state taxes Comments and suggestions. Do state taxes   We welcome your comments about this publication and your suggestions for future editions. Do state taxes   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Do state taxes NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Do state taxes Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Do state taxes   You can send your comments from www. Do state taxes irs. Do state taxes gov/formspubs/. Do state taxes Click on “More Information” and then on “Comment on Tax Forms and Publications. Do state taxes ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Do state taxes Ordering forms and publications. Do state taxes   Visit www. Do state taxes irs. Do state taxes gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Do state taxes Internal Revenue Service 1201 N. Do state taxes Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Do state taxes   If you have a tax question, check the information available on IRS. Do state taxes gov or call 1-800-829-1040. Do state taxes We cannot answer tax questions sent to either of the above addresses. Do state taxes Useful Items - You may want to see: Publication 527 Residential Rental Property (Including Rental of Vacation Homes) 541 Partnerships Form (and Instructions) 4952 Investment Interest Expense Deduction 6198 At-Risk Limitations 8582 Passive Activity Loss Limitations 8582-CR Passive Activity Credit Limitations 8810 Corporate Passive Activity Loss and Credit Limitations 8949 Sales and Other Dispositions of Capital Assets See How To Get Tax Help near the end of this publication for information about getting these publications and forms. Do state taxes Prev  Up  Next   Home   More Online Publications
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Do state taxes Publication 551 - Main Content Table of Contents Cost BasisStocks and Bonds Real Property Business Assets Allocating the Basis Adjusted BasisIncreases to Basis Decreases to Basis Adjustments to Basis Example Basis Other Than CostProperty Received for Services Taxable Exchanges Nontaxable Exchanges Property Transferred From a Spouse Property Received as a Gift Inherited Property Property Changed to Business or Rental Use How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Do state taxes Cost Basis The basis of property you buy is usually its cost. Do state taxes The cost is the amount you pay in cash, debt obligations, other property, or services. Do state taxes Your cost also includes amounts you pay for the following items. Do state taxes Sales tax, Freight, Installation and testing, Excise taxes, Legal and accounting fees (when they must be capitalized), Revenue stamps, Recording fees, and Real estate taxes (if assumed for the seller). Do state taxes  You may also have to capitalize (add to basis) certain other costs related to buying or producing property. Do state taxes Loans with low or no interest. Do state taxes   If you buy property on a time-payment plan that charges little or no interest, the basis of your property is your stated purchase price, minus the amount considered to be unstated interest. Do state taxes You generally have unstated interest if your interest rate is less than the applicable federal rate. Do state taxes For more information, see Unstated Interest and Original Issue Discount in Publication 537. Do state taxes Purchase of a business. Do state taxes   When you purchase a trade or business, you generally purchase all assets used in the business operations, such as land, buildings, and machinery. Do state taxes Allocate the price among the various assets, including any section 197 intangibles. Do state taxes See Allocating the Basis, later. Do state taxes Stocks and Bonds The basis of stocks or bonds you buy is generally the purchase price plus any costs of purchase, such as commissions and recording or transfer fees. Do state taxes If you get stocks or bonds other than by purchase, your basis is usually determined by the fair market value (FMV) or the previous owner's adjusted basis of the stock. Do state taxes You must adjust the basis of stocks for certain events that occur after purchase. Do state taxes See Stocks and Bonds in chapter 4 of Publication 550 for more information on the basis of stock. Do state taxes Identifying stock or bonds sold. Do state taxes   If you can adequately identify the shares of stock or the bonds you sold, their basis is the cost or other basis of the particular shares of stock or bonds. Do state taxes If you buy and sell securities at various times in varying quantities and you cannot adequately identify the shares you sell, the basis of the securities you sell is the basis of the securities you acquired first. Do state taxes For more information about identifying securities you sell, see Stocks and Bonds under Basis of Investment Property in chapter 4 of Publication 550. Do state taxes Mutual fund shares. Do state taxes   If you sell mutual fund shares acquired at different times and prices, you can choose to use an average basis. Do state taxes For more information, see Publication 550. Do state taxes Real Property Real property, also called real estate, is land and generally anything built on or attached to it. Do state taxes If you buy real property, certain fees and other expenses become part of your cost basis in the property. Do state taxes Real estate taxes. Do state taxes   If you pay real estate taxes the seller owed on real property you bought, and the seller did not reimburse you, treat those taxes as part of your basis. Do state taxes You cannot deduct them as taxes. Do state taxes   If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase. Do state taxes Do not include that amount in the basis of the property. Do state taxes If you did not reimburse the seller, you must reduce your basis by the amount of those taxes. Do state taxes Settlement costs. Do state taxes   Your basis includes the settlement fees and closing costs for buying property. Do state taxes You cannot include in your basis the fees and costs for getting a loan on property. Do state taxes A fee for buying property is a cost that must be paid even if you bought the property for cash. Do state taxes   The following items are some of the settlement fees or closing costs you can include in the basis of your property. Do state taxes Abstract fees (abstract of title fees); Charges for installing utility services; Legal fees (including title search and preparation of the sales contract and deed); Recording fees; Surveys; Transfer taxes; Owner's title insurance; and Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Do state taxes   Settlement costs do not include amounts placed in escrow for the future payment of items such as taxes and insurance. Do state taxes   The following items are some settlement fees and closing costs you cannot include in the basis of the property. Do state taxes Casualty insurance premiums. Do state taxes Rent for occupancy of the property before closing. Do state taxes Charges for utilities or other services related to occupancy of the property before closing. Do state taxes Charges connected with getting a loan. Do state taxes The following are examples of these charges. Do state taxes Points (discount points, loan origination fees). Do state taxes Mortgage insurance premiums. Do state taxes Loan assumption fees. Do state taxes Cost of a credit report. Do state taxes Fees for an appraisal required by a lender. Do state taxes Fees for refinancing a mortgage. Do state taxes If these costs relate to business property, items (1) through (3) are deductible as business expenses. Do state taxes Items (4) and (5) must be capitalized as costs of getting a loan and can be deducted over the period of the loan. Do state taxes Points. Do state taxes   If you pay points to obtain a loan (including a mortgage, second mortgage, line of credit, or a home equity loan), do not add the points to the basis of the related property. Do state taxes Generally, you deduct the points over the term of the loan. Do state taxes For more information on how to deduct points, see Points in chapter 4 of Publication 535. Do state taxes Points on home mortgage. Do state taxes   Special rules may apply to points you and the seller pay when you obtain a mortgage to purchase your main home. Do state taxes If certain requirements are met, you can deduct the points in full for the year in which they are paid. Do state taxes Reduce the basis of your home by any seller-paid points. Do state taxes For more information, see Points in Publication 936, Home Mortgage Interest Deduction. Do state taxes Assumption of mortgage. Do state taxes   If you buy property and assume (or buy subject to) an existing mortgage on the property, your basis includes the amount you pay for the property plus the amount to be paid on the mortgage. Do state taxes Example. Do state taxes If you buy a building for $20,000 cash and assume a mortgage of $80,000 on it, your basis is $100,000. Do state taxes Constructing assets. Do state taxes   If you build property or have assets built for you, your expenses for this construction are part of your basis. Do state taxes Some of these expenses include the following costs. Do state taxes Land, Labor and materials, Architect's fees, Building permit charges, Payments to contractors, Payments for rental equipment, and Inspection fees. Do state taxes In addition, if you own a business and use your employees, material, and equipment to build an asset, do not deduct the following expenses. Do state taxes You must include them in the asset's basis. Do state taxes Employee wages paid for the construction work, reduced by any employment credits allowed; Depreciation on equipment you own while it is used in the construction; Operating and maintenance costs for equipment used in the construction; and The cost of business supplies and materials used in the construction. Do state taxes    Do not include the value of your own labor, or any other labor you did not pay for, in the basis of any property you construct. Do state taxes Business Assets If you purchase property to use in your business, your basis is usually its actual cost to you. Do state taxes If you construct, create, or otherwise produce property, you must capitalize the costs as your basis. Do state taxes In certain circumstances, you may be subject to the uniform capitalization rules, next. Do state taxes Uniform Capitalization Rules The uniform capitalization rules specify the costs you add to basis in certain circumstances. Do state taxes Activities subject to the rules. Do state taxes   You must use the uniform capitalization rules if you do any of the following in your trade or business or activity carried on for profit. Do state taxes Produce real or tangible personal property for use in the business or activity, Produce real or tangible personal property for sale to customers, or Acquire property for resale. Do state taxes However, this rule does not apply to personal property if your average annual gross receipts for the 3 previous tax years are $10 million or less. Do state taxes   You produce property if you construct, build, install, manufacture, develop, improve, create, raise, or grow the property. Do state taxes Treat property produced for you under a contract as produced by you up to the amount you pay or costs you otherwise incur for the property. Do state taxes Tangible personal property includes films, sound recordings, video tapes, books, or similar property. Do state taxes    Under the uniform capitalization rules, you must capitalize all direct costs and an allocable part of most indirect costs you incur due to your production or resale activities. Do state taxes To capitalize means to include certain expenses in the basis of property you produce or in your inventory costs rather than deduct them as a current expense. Do state taxes You recover these costs through deductions for depreciation, amortization, or cost of goods sold when you use, sell, or otherwise dispose of the property. Do state taxes   Any cost you cannot use to figure your taxable income for any tax year is not subject to the uniform capitalization rules. Do state taxes Example. Do state taxes If you incur a business meal expense for which your deduction would be limited to 50% of the cost of the meal, that amount is subject to the uniform capitalization rules. Do state taxes The nondeductible part of the cost is not subject to the uniform capitalization rules. Do state taxes More information. Do state taxes   For more information about these rules, see the regulations under section 263A of the Internal Revenue Code and Publication 538, Accounting Periods and Methods. Do state taxes Exceptions. Do state taxes   The following are not subject to the uniform capitalization rules. Do state taxes Property you produce that you do not use in your trade, business, or activity conducted for profit; Qualified creative expenses you pay or incur as a free-lance (self-employed) writer, photographer, or artist that are otherwise deductible on your tax return; Property you produce under a long-term contract, except for certain home construction contracts; Research and experimental expenses deductible under section 174 of the Internal Revenue Code; and Costs for personal property acquired for resale if your (or your predecessor's) average annual gross receipts for the 3 previous tax years do not exceed $10 million. Do state taxes For other exceptions to the uniform capitalization rules, see section 1. Do state taxes 263A-1(b) of the regulations. Do state taxes   For information on the special rules that apply to costs incurred in the business of farming, see chapter 6 of Publication 225, Farmer's Tax Guide. Do state taxes Intangible Assets Intangible assets include goodwill, patents, copyrights, trademarks, trade names, and franchises. Do state taxes The basis of an intangible asset is usually the cost to buy or create it. Do state taxes If you acquire multiple assets, for example a going business for a lump sum, see Allocating the Basis below to figure the basis of the individual assets. Do state taxes The basis of certain intangibles can be amortized. Do state taxes See chapter 8 of Publication 535 for information on the amortization of these costs. Do state taxes Patents. Do state taxes   The basis of a patent you get for an invention is the cost of development, such as research and experimental expenditures, drawings, working models, and attorneys' and governmental fees. Do state taxes If you deduct the research and experimental expenditures as current business expenses, you cannot include them in the basis of the patent. Do state taxes The value of the inventor's time spent on an invention is not part of the basis. Do state taxes Copyrights. Do state taxes   If you are an author, the basis of a copyright will usually be the cost of getting the copyright plus copyright fees, attorneys' fees, clerical assistance, and the cost of plates that remain in your possession. Do state taxes Do not include the value of your time as the author, or any other person's time you did not pay for. Do state taxes Franchises, trademarks, and trade names. Do state taxes   If you buy a franchise, trademark, or trade name, the basis is its cost, unless you can deduct your payments as a business expense. Do state taxes Allocating the Basis If you buy multiple assets for a lump sum, allocate the amount you pay among the assets you receive. Do state taxes You must make this allocation to figure your basis for depreciation and gain or loss on a later disposition of any of these assets. Do state taxes See Trade or Business Acquired below. Do state taxes Group of Assets Acquired If you buy multiple assets for a lump sum, you and the seller may agree to a specific allocation of the purchase price among the assets in the sales contract. Do state taxes If this allocation is based on the value of each asset and you and the seller have adverse tax interests, the allocation generally will be accepted. Do state taxes However, see Trade or Business Acquired, next. Do state taxes Trade or Business Acquired If you acquire a trade or business, allocate the consideration paid to the various assets acquired. Do state taxes Generally, reduce the consideration paid by any cash and general deposit accounts (including checking and savings accounts) received. Do state taxes Allocate the remaining consideration to the other business assets received in proportion to (but not more than) their fair market value in the following order. Do state taxes Certificates of deposit, U. Do state taxes S. Do state taxes Government securities, foreign currency, and actively traded personal property, including stock and securities. Do state taxes Accounts receivable, other debt instruments, and assets you mark to market at least annually for federal income tax purposes. Do state taxes Property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held primarily for sale to customers in the ordinary course of business. Do state taxes All other assets except section 197 intangibles, goodwill, and going concern value. Do state taxes Section 197 intangibles except goodwill and going concern value. Do state taxes Goodwill and going concern value (whether or not they qualify as section 197 intangibles). Do state taxes Agreement. Do state taxes   The buyer and seller may enter into a written agreement as to the allocation of any consideration or the fair market value (FMV) of any of the assets. Do state taxes This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. Do state taxes Reporting requirement. Do state taxes   Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. Do state taxes Use Form 8594 to provide this information. Do state taxes The buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. Do state taxes More information. Do state taxes   See Sale of a Business in chapter 2 of Publication 544 for more information. Do state taxes Land and Buildings If you buy buildings and the land on which they stand for a lump sum, allocate the basis of the property among the land and the buildings so you can figure the depreciation allowable on the buildings. Do state taxes Figure the basis of each asset by multiplying the lump sum by a fraction. Do state taxes The numerator is the FMV of that asset and the denominator is the FMV of the whole property at the time of purchase. Do state taxes If you are not certain of the FMV of the land and buildings, you can allocate the basis based on their assessed values for real estate tax purposes. Do state taxes Demolition of building. Do state taxes   Add demolition costs and other losses incurred for the demolition of any building to the basis of the land on which the demolished building was located. Do state taxes Do not claim the costs as a current deduction. Do state taxes Modification of building. Do state taxes   A modification of a building will not be treated as a demolition if the following conditions are satisfied. Do state taxes 75 percent or more of the existing external walls of the building are retained in place as internal or external walls, and 75 percent or more of the existing internal structural framework of the building is retained in place. Do state taxes   If the building is a certified historic structure, the modification must also be part of a certified rehabilitation. Do state taxes   If these conditions are met, add the costs of the modifications to the basis of the building. Do state taxes Subdivided lots. Do state taxes   If you buy a tract of land and subdivide it, you must determine the basis of each lot. Do state taxes This is necessary because you must figure the gain or loss on the sale of each individual lot. Do state taxes As a result, you do not recover your entire cost in the tract until you have sold all of the lots. Do state taxes   To determine the basis of an individual lot, multiply the total cost of the tract by a fraction. Do state taxes The numerator is the FMV of the lot and the denominator is the FMV of the entire tract. Do state taxes Future improvement costs. Do state taxes   If you are a developer and sell subdivided lots before the development work is completed, you can (with IRS consent) include in the basis of the properties sold an allocation of the estimated future cost for common improvements. Do state taxes See Revenue Procedure 92–29 for more information, including an explanation of the procedures for getting consent from the IRS. Do state taxes Use of erroneous cost basis. Do state taxes   If you made a mistake in figuring the cost basis of subdivided lots sold in previous years, you cannot correct the mistake for years for which the statute of limitations (generally 3 tax years) has expired. Do state taxes Figure the basis of any remaining lots by allocating the correct original cost basis of the entire tract among the original lots. Do state taxes Example. Do state taxes You bought a tract of land to which you assigned a cost of $15,000. Do state taxes You subdivided the land into 15 building lots of equal size and equitably divided your basis so that each lot had a basis of $1,000. Do state taxes You treated the sale of each lot as a separate transaction and figured gain or loss separately on each sale. Do state taxes Several years later you determine that your original basis in the tract was $22,500 and not $15,000. Do state taxes You sold eight lots using $8,000 of basis in years for which the statute of limitations has expired. Do state taxes You now can take $1,500 of basis into account for figuring gain or loss only on the sale of each of the remaining seven lots ($22,500 basis divided among all 15 lots). Do state taxes You cannot refigure the basis of the eight lots sold in tax years barred by the statute of limitations. Do state taxes Adjusted Basis Before figuring gain or loss on a sale, exchange, or other disposition of property or figuring allowable depreciation, depletion, or amortization, you must usually make certain adjustments to the basis of the property. Do state taxes The result of these adjustments to the basis is the adjusted basis. Do state taxes Increases to Basis Increase the basis of any property by all items properly added to a capital account. Do state taxes These include the cost of any improvements having a useful life of more than 1 year. Do state taxes Rehabilitation expenses also increase basis. Do state taxes However, you must subtract any rehabilitation credit allowed for these expenses before you add them to your basis. Do state taxes If you have to recapture any of the credit, increase your basis by the recaptured amount. Do state taxes If you make additions or improvements to business property, keep separate accounts for them. Do state taxes Also, you must depreciate the basis of each according to the depreciation rules that would apply to the underlying property if you had placed it in service at the same time you placed the addition or improvement in service. Do state taxes For more information, see Publication 946. Do state taxes The following items increase the basis of property. Do state taxes The cost of extending utility service lines to the property; Impact fees; Legal fees, such as the cost of defending and perfecting title; Legal fees for obtaining a decrease in an assessment levied against property to pay for local improvements; Zoning costs; and The capitalized value of a redeemable ground rent. Do state taxes Assessments for Local Improvements Increase the basis of property by assessments for items such as paving roads and building ditches that increase the value of the property assessed. Do state taxes Do not deduct them as taxes. Do state taxes However, you can deduct as taxes charges for maintenance, repairs, or interest charges related to the improvements. Do state taxes Example. Do state taxes Your city changes the street in front of your store into an enclosed pedestrian mall and assesses you and other affected landowners for the cost of the conversion. Do state taxes Add the assessment to your property's basis. Do state taxes In this example, the assessment is a depreciable asset. Do state taxes Deducting vs. Do state taxes Capitalizing Costs Do not add to your basis costs you can deduct as current expenses. Do state taxes For example, amounts paid for incidental repairs or maintenance that are deductible as business expenses cannot be added to basis. Do state taxes However, you can choose either to deduct or to capitalize certain other costs. Do state taxes If you capitalize these costs, include them in your basis. Do state taxes If you deduct them, do not include them in your basis. Do state taxes See Uniform Capitalization Rules earlier. Do state taxes The costs you can choose to deduct or to capitalize include the following. Do state taxes Carrying charges, such as interest and taxes, that you pay to own property, except carrying charges that must be capitalized under the uniform capitalization rules; Research and experimentation costs; Intangible drilling and development costs for oil, gas, and geothermal wells; Exploration costs for new mineral deposits; Mining development costs for a new mineral deposit; Costs of establishing, maintaining, or increasing the circulation of a newspaper or other periodical; and Costs of removing architectural and transportation barriers to people with disabilities and the elderly. Do state taxes If you claim the disabled access credit, you must reduce the amount you deduct or capitalize by the amount of the credit. Do state taxes For more information about deducting or capitalizing costs, see chapter 7 in Publication 535. Do state taxes Table 1. Do state taxes Examples of Increases and Decreases to Basis Increases to Basis Decreases to Basis Capital improvements:   Putting an addition on your home   Replacing an entire roof  Paving your driveway  Installing central air conditioning Rewiring your home Exclusion from income of subsidies for energy conservation measures  Casualty or theft loss deductions and insurance reimbursements  Vehicle credits Assessments for local improvements: Water connections Sidewalks Roads Section 179 deduction  Casualty losses: Restoring damaged property Depreciation  Nontaxable corporate distributions Legal fees:  Cost of defending and perfecting a title   Zoning costs   Decreases to Basis The following are some items that reduce the basis of property. Do state taxes Section 179 deduction; Nontaxable corporate distributions; Deductions previously allowed (or allowable) for amortization, depreciation, and depletion; Exclusion of subsidies for energy conservation measures; Vehicle credits; Residential energy credits; Postponed gain from sale of home; Investment credit (part or all) taken; Casualty and theft losses and insurance reimbursement; Certain canceled debt excluded from income; Rebates from a manufacturer or seller; Easements; Gas-guzzler tax; Adoption tax benefits; and Credit for employer-provided child care. Do state taxes Some of these items are discussed next. Do state taxes Casualties and Thefts If you have a casualty or theft loss, decrease the basis in your property by any insurance or other reimbursement and by any deductible loss not covered by insurance. Do state taxes You must increase your basis in the property by the amount you spend on repairs that substantially prolong the life of the property, increase its value, or adapt it to a different use. Do state taxes To make this determination, compare the repaired property to the property before the casualty. Do state taxes For more information on casualty and theft losses, see Publication 547, Casualties, Disasters, and Thefts. Do state taxes Easements The amount you receive for granting an easement is generally considered to be a sale of an interest in real property. Do state taxes It reduces the basis of the affected part of the property. Do state taxes If the amount received is more than the basis of the part of the property affected by the easement, reduce your basis in that part to zero and treat the excess as a recognized gain. Do state taxes Vehicle Credits Unless you elect not to claim the qualified plug-in electric vehicle credit, the alternative motor vehicle credit, or the qualified plug-in electric drive motor vehicle credit, you may have to reduce the basis of each qualified vehicle by certain amounts reported. Do state taxes For more information, see Form 8834, Qualified Plug-in Electric and Electric Vehicle Credit; Form 8910, Alternative Motor Vehicle Credit; Form 8936, Qualified Plug-in Electric Drive Motor Vehicle Credit;and the related instructions. Do state taxes Gas-Guzzler Tax Decrease the basis in your car by the gas-guzzler (fuel economy) tax if you begin using the car within 1 year of the date of its first sale for ultimate use. Do state taxes This rule also applies to someone who later buys the car and begins using it not more than 1 year after the original sale for ultimate use. Do state taxes If the car is imported, the one-year period begins on the date of entry or withdrawal of the car from the warehouse if that date is later than the date of the first sale for ultimate use. Do state taxes Section 179 Deduction If you take the section 179 deduction for all or part of the cost of qualifying business property, decrease the basis of the property by the deduction. Do state taxes For more information about the section 179 deduction, see Publication 946. Do state taxes Exclusion of Subsidies for Energy Conservation Measures You can exclude from gross income any subsidy you received from a public utility company for the purchase or installation of any energy conservation measure for a dwelling unit. Do state taxes Reduce the basis of the property for which you received the subsidy by the excluded amount. Do state taxes For more information on this subsidy, see Publication 525. Do state taxes Depreciation Decrease the basis of property by the depreciation you deducted, or could have deducted, on your tax returns under the method of depreciation you chose. Do state taxes If you took less depreciation than you could have under the method chosen, decrease the basis by the amount you could have taken under that method. Do state taxes If you did not take a depreciation deduction, reduce the basis by the full amount of the depreciation you could have taken. Do state taxes Unless a timely election is made not to deduct the special depreciation allowance for property placed in service after September 10, 2001, decrease the property's basis by the special depreciation allowance you deducted or could have deducted. Do state taxes If you deducted more depreciation than you should have, decrease your basis by the amount equal to the depreciation you should have deducted plus the part of the excess depreciation you deducted that actually reduced your tax liability for the year. Do state taxes In decreasing your basis for depreciation, take into account the amount deducted on your tax returns as depreciation and any depreciation capitalized under the uniform capitalization rules. Do state taxes For information on figuring depreciation, see Publication 946. Do state taxes If you are claiming depreciation on a business vehicle, see Publication 463. Do state taxes If the car is not used more than 50% for business during the tax year, you may have to recapture excess depreciation. Do state taxes Include the excess depreciation in your gross income and add it to your basis in the property. Do state taxes For information on the computation of excess depreciation, see chapter 4 in Publication 463. Do state taxes Canceled Debt Excluded From Income If a debt you owe is canceled or forgiven, other than as a gift or bequest, you generally must include the canceled amount in your gross income for tax purposes. Do state taxes A debt includes any indebtedness for which you are liable or which attaches to property you hold. Do state taxes You can exclude canceled debt from income in the following situations. Do state taxes Debt canceled in a bankruptcy case or when you are insolvent, Qualified farm debt, and Qualified real property business debt (provided you are not a C corporation). Do state taxes If you exclude from income canceled debt under situation (1) or (2), you may have to reduce the basis of your depreciable and nondepreciable property. Do state taxes However, in situation (3), you must reduce the basis of your depreciable property by the excluded amount. Do state taxes For more information about canceled debt in a bankruptcy case or during insolvency, see Publication 908, Bankruptcy Tax Guide. Do state taxes For more information about canceled debt that is qualified farm debt, see chapter 3 in Publication 225. Do state taxes For more information about qualified real property business debt, see chapter 5 in Publication 334, Tax Guide for Small Business. Do state taxes Postponed Gain From Sale of Home If you postponed gain from the sale of your main home before May 7, 1997, you must reduce the basis of your new home by the postponed gain. Do state taxes For more information on the rules for the sale of a home, see Publication 523. Do state taxes Adoption Tax Benefits If you claim an adoption credit for the cost of improvements you added to the basis of your home, decrease the basis of your home by the credit allowed. Do state taxes This also applies to amounts you received under an employer's adoption assistance program and excluded from income. Do state taxes For more information Form 8839, Qualified Adoption Expenses. Do state taxes Employer-Provided Child Care If you are an employer, you can claim the employer-provided child care credit on amounts you paid or incurred to acquire, construct, rehabilitate, or expand property used as part of your qualified child care facility. Do state taxes You must reduce your basis in that property by the credit claimed. Do state taxes For more information, see Form 8882, Credit for Employer-Provided Child Care Facilities and Services. Do state taxes Adjustments to Basis Example In January 2005, you paid $80,000 for real property to be used as a factory. Do state taxes You also paid commissions of $2,000 and title search and legal fees of $600. Do state taxes You allocated the total cost of $82,600 between the land and the building—$10,325 for the land and $72,275 for the building. Do state taxes Immediately you spent $20,000 in remodeling the building before you placed it in service. Do state taxes You were allowed depreciation of $14,526 for the years 2005 through 2009. Do state taxes In 2008 you had a $5,000 casualty loss from a that was not covered by insurance on the building. Do state taxes You claimed a deduction for this loss. Do state taxes You spent $5,500 to repair the damages and extend the useful life of the building. Do state taxes The adjusted basis of the building on January 1, 2010, is figured as follows: Original cost of building including fees and commissions $72,275 Adjustments to basis:     Add:         Improvements 20,000   Repair of damages 5,500       $97,775 Subtract:       Depreciation $14,526     Deducted casualty loss 5,000 19,526 Adjusted basis on January 1, 2010 $78,249 The basis of the land, $10,325, remains unchanged. Do state taxes It is not affected by any of the above adjustments. Do state taxes Basis Other Than Cost There are many times when you cannot use cost as basis. Do state taxes In these cases, the fair market value or the adjusted basis of property may be used. Do state taxes Adjusted basis is discussed earlier. Do state taxes Fair market value (FMV). Do state taxes   FMV is the price at which property would change hands between a buyer and a seller, neither having to buy or sell, and both having reasonable knowledge of all necessary facts. Do state taxes Sales of similar property on or about the same date may be helpful in figuring the property's FMV. Do state taxes Property Received for Services If you receive property for services, include the property's FMV in income. Do state taxes The amount you include in income becomes your basis. Do state taxes If the services were performed for a price agreed on beforehand, it will be accepted as the FMV of the property if there is no evidence to the contrary. Do state taxes Bargain Purchases A bargain purchase is a purchase of an item for less than its FMV. Do state taxes If, as compensation for services, you purchase goods or other property at less than FMV, include the difference between the purchase price and the property's FMV in your income. Do state taxes Your basis in the property is its FMV (your purchase price plus the amount you include in income). Do state taxes If the difference between your purchase price and the FMV represents a qualified employee discount, do not include the difference in income. Do state taxes However, your basis in the property is still its FMV. Do state taxes See Employee Discounts in Publication 15-B. Do state taxes Restricted Property If you receive property for your services and the property is subject to certain restrictions, your basis in the property is its FMV when it becomes substantially vested unless you make the election discussed later. Do state taxes Property becomes substantially vested when your rights in the property or the rights of any person to whom you transfer the property are not subject to a substantial risk of forfeiture. Do state taxes There is substantial risk of forfeiture when the rights to full enjoyment of the property depend on the future performance of substantial services by any person. Do state taxes When the property becomes substantially vested, include the FMV, less any amount you paid for the property, in income. Do state taxes Example. Do state taxes Your employer gives you stock for services performed under the condition that you will have to return the stock unless you complete 5 years of service. Do state taxes The stock is under a substantial risk of forfeiture and is not substantially vested when you receive it. Do state taxes You do not report any income until you have completed the 5 years of service that satisfy the condition. Do state taxes Fair market value. Do state taxes   Figure the FMV of property you received without considering any restriction except one that by its terms will never end. Do state taxes Example. Do state taxes You received stock from your employer for services you performed. Do state taxes If you want to sell the stock while you are still employed, you must sell the stock to your employer at book value. Do state taxes At your retirement or death, you or your estate must offer to sell the stock to your employer at its book value. Do state taxes This is a restriction that by its terms will never end and you must consider it when you figure the FMV. Do state taxes Election. Do state taxes   You can choose to include in your gross income the FMV of the property at the time of transfer, less any amount you paid for it. Do state taxes If you make this choice, the substantially vested rules do not apply. Do state taxes Your basis is the amount you paid plus the amount you included in income. Do state taxes   See the discussion of Restricted Property in Publication 525 for more information. Do state taxes Taxable Exchanges A taxable exchange is one in which the gain is taxable or the loss is deductible. Do state taxes A taxable gain or deductible loss is also known as a recognized gain or loss. Do state taxes If you receive property in exchange for other property in a taxable exchange, the basis of property you receive is usually its FMV at the time of the exchange. Do state taxes A taxable exchange occurs when you receive cash or property not similar or related in use to the property exchanged. Do state taxes Example. Do state taxes You trade a tract of farm land with an adjusted basis of $3,000 for a tractor that has an FMV of $6,000. Do state taxes You must report a taxable gain of $3,000 for the land. Do state taxes The tractor has a basis of $6,000. Do state taxes Involuntary Conversions If you receive property as a result of an involuntary conversion, such as a casualty, theft, or condemnation, you can figure the basis of the replacement property you receive using the basis of the converted property. Do state taxes Similar or related property. Do state taxes   If you receive replacement property similar or related in service or use to the converted property, the replacement property's basis is the old property's basis on the date of the conversion. Do state taxes However, make the following adjustments. Do state taxes Decrease the basis by the following. Do state taxes Any loss you recognize on the conversion, and Any money you receive that you do not spend on similar property. Do state taxes Increase the basis by the following. Do state taxes Any gain you recognize on the conversion, and Any cost of acquiring the replacement property. Do state taxes Money or property not similar or related. Do state taxes   If you receive money or property not similar or related in service or use to the converted property, and you buy replacement property similar or related in service or use to the converted property, the basis of the new property is its cost decreased by the gain not recognized on the conversion. Do state taxes Example. Do state taxes The state condemned your property. Do state taxes The property had an adjusted basis of $26,000 and the state paid you $31,000 for it. Do state taxes You realized a gain of $5,000 ($31,000 − $26,000). Do state taxes You bought replacement property similar in use to the converted property for $29,000. Do state taxes You recognize a gain of $2,000 ($31,000 − $29,000), the unspent part of the payment from the state. Do state taxes Your gain not recognized is $3,000, the difference between the $5,000 realized gain and the $2,000 recognized gain. Do state taxes The basis of the new property is figured as follows: Cost of replacement property $29,000 Minus: Gain not recognized 3,000 Basis of the replacement property $26,000 Allocating the basis. Do state taxes   If you buy more than one piece of replacement property, allocate your basis among the properties based on their respective costs. Do state taxes Example. Do state taxes The state in the previous example condemned your unimproved real property and the replacement property you bought was improved real property with both land and buildings. Do state taxes Allocate the replacement property's $26,000 basis between land and buildings based on their respective costs. Do state taxes More information. Do state taxes   For more information about condemnations, see Involuntary Conversions in Publication 544. Do state taxes For more information about casualty and theft losses, see Publication 547. Do state taxes Nontaxable Exchanges A nontaxable exchange is an exchange in which you are not taxed on any gain and you cannot deduct any loss. Do state taxes If you receive property in a nontaxable exchange, its basis is usually the same as the basis of the property you transferred. Do state taxes A nontaxable gain or loss is also known as an unrecognized gain or loss. Do state taxes Like-Kind Exchanges The exchange of property for the same kind of property is the most common type of nontaxable exchange. Do state taxes To qualify as a like-kind exchange, you must hold for business or investment purposes both the property you transfer and the property you receive. Do state taxes There must also be an exchange of like-kind property. Do state taxes For more information, see Like-Kind Exchanges in Publication 544. Do state taxes The basis of the property you receive is the same as the basis of the property you gave up. Do state taxes Example. Do state taxes You exchange real estate (adjusted basis $50,000, FMV $80,000) held for investment for other real estate (FMV $80,000) held for investment. Do state taxes Your basis in the new property is the same as the basis of the old ($50,000). Do state taxes Exchange expenses. Do state taxes   Exchange expenses are generally the closing costs you pay. Do state taxes They include such items as brokerage commissions, attorney fees, deed preparation fees, etc. Do state taxes Add them to the basis of the like-kind property received. Do state taxes Property plus cash. Do state taxes   If you trade property in a like-kind exchange and also pay money, the basis of the property received is the basis of the property you gave up increased by the money you paid. Do state taxes Example. Do state taxes You trade in a truck (adjusted basis $3,000) for another truck (FMV $7,500) and pay $4,000. Do state taxes Your basis in the new truck is $7,000 (the $3,000 basis of the old truck plus the $4,000 paid). Do state taxes Special rules for related persons. Do state taxes   If a like-kind exchange takes place directly or indirectly between related persons and either party disposes of the property within 2 years after the exchange, the exchange no longer qualifies for like-kind exchange treatment. Do state taxes Each person must report any gain or loss not recognized on the original exchange. Do state taxes Each person reports it on the tax return filed for the year in which the later disposition occurs. Do state taxes If this rule applies, the basis of the property received in the original exchange will be its fair market value. Do state taxes   These rules generally do not apply to the following kinds of property dispositions. Do state taxes Dispositions due to the death of either related person, Involuntary conversions, and Dispositions in which neither the original exchange nor the subsequent disposition had as a main purpose the avoidance of federal income tax. Do state taxes Related persons. Do state taxes   Generally, related persons are ancestors, lineal descendants, brothers and sisters (whole or half), and a spouse. Do state taxes   For other related persons (for example, two corporations, an individual and a corporation, a grantor and fiduciary, etc. Do state taxes ), see Nondeductible Loss in chapter 2 of Publication 544. Do state taxes Exchange of business property. Do state taxes   Exchanging the assets of one business for the assets of another business is a multiple property exchange. Do state taxes For information on figuring basis, see Multiple Property Exchanges in chapter 1 of Publication 544. Do state taxes Partially Nontaxable Exchange A partially nontaxable exchange is an exchange in which you receive unlike property or money in addition to like property. Do state taxes The basis of the property you receive is the same as the basis of the property you gave up, with the following adjustments. Do state taxes Decrease the basis by the following amounts. Do state taxes Any money you receive, and Any loss you recognize on the exchange. Do state taxes Increase the basis by the following amounts. Do state taxes Any additional costs you incur, and Any gain you recognize on the exchange. Do state taxes If the other party to the exchange assumes your liabilities, treat the debt assumption as money you received in the exchange. Do state taxes Example. Do state taxes You traded a truck (adjusted basis $6,000) for a new truck (FMV $5,200) and $1,000 cash. Do state taxes You realized a gain of $200 ($6,200 − $6,000). Do state taxes This is the FMV of the truck received plus the cash minus the adjusted basis of the truck you traded ($5,200 + $1,000 – $6,000). Do state taxes You include all the gain in income (recognized gain) because the gain is less than the cash received. Do state taxes Your basis in the new truck is: Adjusted basis of old truck $6,000 Minus: Cash received (adjustment 1(a)) 1,000   $5,000 Plus: Gain recognized (adjustment 2(b)) 200 Basis of new truck $5,200 Allocation of basis. Do state taxes   Allocate the basis first to the unlike property, other than money, up to its FMV on the date of the exchange. Do state taxes The rest is the basis of the like property. Do state taxes Example. Do state taxes You had an adjusted basis of $15,000 in real estate you held for investment. Do state taxes You exchanged it for other real estate to be held for investment with an FMV of $12,500, a truck with an FMV of $3,000, and $1,000 cash. Do state taxes The truck is unlike property. Do state taxes You realized a gain of $1,500 ($16,500 − $15,000). Do state taxes This is the FMV of the real estate received plus the FMV of the truck received plus the cash minus the adjusted basis of the real estate you traded ($12,500 + $3,000 + $1,000 – $15,000). Do state taxes You include in income (recognize) all $1,500 of the gain because it is less than the FMV of the unlike property plus the cash received. Do state taxes Your basis in the properties you received is figured as follows. Do state taxes Adjusted basis of real estate transferred $15,000 Minus: Cash received (adjustment 1(a)) 1,000   $14,000 Plus: Gain recognized (adjustment 2(b)) 1,500 Total basis of properties received $15,500 Allocate the total basis of $15,500 first to the unlike property — the truck ($3,000). Do state taxes This is the truck's FMV. Do state taxes The rest ($12,500) is the basis of the real estate. Do state taxes Sale and Purchase If you sell property and buy similar property in two mutually dependent transactions, you may have to treat the sale and purchase as a single nontaxable exchange. Do state taxes Example. Do state taxes You are a salesperson and you use one of your cars 100% for business. Do state taxes You have used this car in your sales activities for 2 years and have depreciated it. Do state taxes Your adjusted basis in the car is $22,600 and its FMV is $23,100. Do state taxes You are interested in a new car, which sells for $28,000. Do state taxes If you trade your old car and pay $4,900 for the new one, your basis for depreciation for the new car would be $27,500 ($4,900 plus the $22,600 basis of your old car). Do state taxes However, you want a higher basis for depreciating the new car, so you agree to pay the dealer $28,000 for the new car if he will pay you $23,100 for your old car. Do state taxes Because the two transactions are dependent on each other, you are treated as having exchanged your old car for the new one and paid $4,900 ($28,000 − $23,100). Do state taxes Your basis for depreciating the new car is $27,500, the same as if you traded the old car. Do state taxes Partial Business Use of Property If you have property used partly for business and partly for personal use, and you exchange it in a nontaxable exchange for property to be used wholly or partly in your business, the basis of the property you receive is figured as if you had exchanged two properties. Do state taxes The first is an exchange of like-kind property. Do state taxes The second is personal-use property on which gain is recognized and loss is not recognized. Do state taxes First, figure your adjusted basis in the property as if you transferred two separate properties. Do state taxes Figure the adjusted basis of each part of the property by taking into account any adjustments to basis. Do state taxes Deduct the depreciation you took or could have taken from the adjusted basis of the business part. Do state taxes Then figure the amount realized for your property and allocate it to the business and nonbusiness parts of the property. Do state taxes The business part of the property is permitted to be exchanged tax free. Do state taxes However, you must recognize any gain from the exchange of the nonbusiness part. Do state taxes You are deemed to have received, in exchange for the nonbusiness part, an amount equal to its FMV on the date of the exchange. Do state taxes The basis of the property you acquired is the total basis of the property transferred (adjusted to the date of the exchange), increased by any gain recognized on the nonbusiness part. Do state taxes If the nonbusiness part of the property transferred is your main home, you may qualify to exclude from income all or part of the gain on that part. Do state taxes For more information, see Publication 523. Do state taxes Trade of car used partly in business. Do state taxes   If you trade in a car you used partly in your business for another car you will use in your business, your basis for depreciation of the new car is not the same as your basis for figuring a gain or loss on its sale. Do state taxes   For information on figuring your basis for depreciation, see Publication 463. Do state taxes Property Transferred From a Spouse The basis of property transferred to you or transferred in trust for your benefit by your spouse (or former spouse if the transfer is incident to divorce), is the same as your spouse's adjusted basis. Do state taxes However, adjust your basis for any gain recognized by your spouse or former spouse on property transferred in trust. Do state taxes This rule applies only to a transfer of property in trust in which the liabilities assumed, plus the liabilities to which the property is subject, are more than the adjusted basis of the property transferred. Do state taxes If the property transferred to you is a series E, series EE, or series I United States savings bond, the transferor must include in income the interest accrued to the date of transfer. Do state taxes Your basis in the bond immediately after the transfer is equal to the transferor's basis increased by the interest income includible in the transferor's income. Do state taxes For more information on these bonds, see Publication 550. Do state taxes At the time of the transfer, the transferor must give you the records necessary to determine the adjusted basis and holding period of the property as of the date of transfer. Do state taxes For more information, see Publication 504, Divorced or Separated Individuals. Do state taxes Property Received as a Gift To figure the basis of property you receive as a gift, you must know its adjusted basis (defined earlier) to the donor just before it was given to you, its FMV at the time it was given to you, and any gift tax paid on it. Do state taxes FMV Less Than Donor's Adjusted Basis If the FMV of the property at the time of the gift is less than the donor's adjusted basis, your basis depends on whether you have a gain or a loss when you dispose of the property. Do state taxes Your basis for figuring gain is the same as the donor's adjusted basis plus or minus any required adjustment to basis while you held the property. Do state taxes Your basis for figuring loss is its FMV when you received the gift plus or minus any required adjustment to basis while you held the property (see Adjusted Basis earlier). Do state taxes If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the FMV for figuring a loss and have a gain, you have neither gain nor loss on the sale or disposition of the property. Do state taxes Example. Do state taxes You received an acre of land as a gift. Do state taxes At the time of the gift, the land had an FMV of $8,000. Do state taxes The donor's adjusted basis was $10,000. Do state taxes After you received the land, no events occurred to increase or decrease your basis. Do state taxes If you sell the land for $12,000, you will have a $2,000 gain because you must use the donor's adjusted basis ($10,000) at the time of the gift as your basis to figure gain. Do state taxes If you sell the land for $7,000, you will have a $1,000 loss because you must use the FMV ($8,000) at the time of the gift as your basis to figure a loss. Do state taxes If the sales price is between $8,000 and $10,000, you have neither gain nor loss. Do state taxes For instance, if the sales price was $9,000 and you tried to figure a gain using the donor's adjusted basis ($10,000), you would get a $1,000 loss. Do state taxes If you then tried to figure a loss using the FMV ($8,000), you would get a $1,000 gain. Do state taxes Business property. Do state taxes   If you hold the gift as business property, your basis for figuring any depreciation, depletion, or amortization deduction is the same as the donor's adjusted basis plus or minus any required adjustments to basis while you hold the property. Do state taxes FMV Equal to or More Than Donor's Adjusted Basis If the FMV of the property is equal to or greater than the donor's adjusted basis, your basis is the donor's adjusted basis at the time you received the gift. Do state taxes Increase your basis by all or part of any gift tax paid, depending on the date of the gift. Do state taxes Also, for figuring gain or loss from a sale or other disposition of the property, or for figuring depreciation, depletion, or amortization deductions on business property, you must increase or decrease your basis by any required adjustments to basis while you held the property. Do state taxes See Adjusted Basis earlier. Do state taxes Gift received before 1977. Do state taxes   If you received a gift before 1977, increase your basis in the gift (the donor's adjusted basis) by any gift tax paid on it. Do state taxes However, do not increase your basis above the FMV of the gift at the time it was given to you. Do state taxes Example 1. Do state taxes You were given a house in 1976 with an FMV of $21,000. Do state taxes The donor's adjusted basis was $20,000. Do state taxes The donor paid a gift tax of $500. Do state taxes Your basis is $20,500, the donor's adjusted basis plus the gift tax paid. Do state taxes Example 2. Do state taxes If, in Example 1, the gift tax paid had been $1,500, your basis would be $21,000. Do state taxes This is the donor's adjusted basis plus the gift tax paid, limited to the FMV of the house at the time you received the gift. Do state taxes Gift received after 1976. Do state taxes   If you received a gift after 1976, increase your basis in the gift (the donor's adjusted basis) by the part of the gift tax paid on it that is due to the net increase in value of the gift. Do state taxes Figure the increase by multiplying the gift tax paid by a fraction. Do state taxes The numerator of the fraction is the net increase in value of the gift and the denominator is the amount of the gift. Do state taxes   The net increase in value of the gift is the FMV of the gift less the donor's adjusted basis. Do state taxes The amount of the gift is its value for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. Do state taxes For information on the gift tax, see Publication 950, Introduction to Estate and Gift Taxes. Do state taxes Example. Do state taxes In 2010, you received a gift of property from your mother that had an FMV of $50,000. Do state taxes Her adjusted basis was $20,000. Do state taxes The amount of the gift for gift tax purposes was $37,000 ($50,000 minus the $13,000 annual exclusion). Do state taxes She paid a gift tax of $9,000. Do state taxes Your basis, $27,290, is figured as follows: Fair market value $50,000 Minus: Adjusted basis 20,000 Net increase in value $30,000 Gift tax paid $9,000 Multiplied by ($30,000 ÷ $37,000) . Do state taxes 81 Gift tax due to net increase in value $7,290 Adjusted basis of property to your mother 20,000 Your basis in the property $27,290 Inherited Property Special rules apply to property acquired from a decedent who died in 2010. Do state taxes See Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, for details. Do state taxes If you inherited property from a decedent who died before 2010, your basis in property you inherit from a decedent is generally one of the following. Do state taxes The FMV of the property at the date of the individual's death. Do state taxes The FMV on the alternate valuation date if the personal representative for the estate chooses to use alternate valuation. Do state taxes For information on the alternate valuation date, see the Instructions for Form 706. Do state taxes The value under the special-use valuation method for real property used in farming or a closely held business if chosen for estate tax purposes. Do state taxes This method is discussed later. Do state taxes The decedent's adjusted basis in land to the extent of the value excluded from the decedent's taxable estate as a qualified conservation easement. Do state taxes For information on a qualified conservation easement, see the Instructions for Form 706. Do state taxes If a federal estate tax return does not have to be filed, your basis in the inherited property is its appraised value at the date of death for state inheritance or transmission taxes. Do state taxes For more information, see the Instructions for Form 706. Do state taxes Appreciated property. Do state taxes   The above rule does not apply to appreciated property you receive from a decedent if you or your spouse originally gave the property to the decedent within 1 year before the decedent's death. Do state taxes Your basis in this property is the same as the decedent's adjusted basis in the property immediately before his or her death, rather than its FMV. Do state taxes Appreciated property is any property whose FMV on the day it was given to the decedent is more than its adjusted basis. Do state taxes Community Property In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), husband and wife are each usually considered to own half the community property. Do state taxes When either spouse dies, the total value of the community property, even the part belonging to the surviving spouse, generally becomes the basis of the entire property. Do state taxes For this rule to apply, at least half the value of the community property interest must be includable in the decedent's gross estate, whether or not the estate must file a return. Do state taxes For example, you and your spouse owned community property that had a basis of $80,000. Do state taxes When your spouse died, half the FMV of the community interest was includible in your spouse's estate. Do state taxes The FMV of the community interest was $100,000. Do state taxes The basis of your half of the property after the death of your spouse is $50,000 (half of the $100,000 FMV). Do state taxes The basis of the other half to your spouse's heirs is also $50,000. Do state taxes For more information on community property, see Publication 555, Community Property. Do state taxes Property Held by Surviving Tenant The following example explains the rule for the basis of property held by a surviving tenant in joint tenancy or tenancy by the entirety. Do state taxes Example. Do state taxes John and Jim owned, as joint tenants with right of survivorship, business property they purchased for $30,000. Do state taxes John furnished two-thirds of the purchase price and Jim furnished one-third. Do state taxes Depreciation deductions allowed before John's death were $12,000. Do state taxes Under local law, each had a half interest in the income from the property. Do state taxes At the date of John's death, the property had an FMV of $60,000, two-thirds of which is includable in John's estate. Do state taxes Jim figures his basis in the property at the date of John's death as follows: Interest Jim bought with his own funds—1/3 of $30,000 cost $10,000   Interest Jim received on John's death—2/3 of $60,000 FMV 40,000 $50,000 Minus: ½ of $12,000 depreciation before John's death 6,000 Jim's basis at the date of John's death $44,000 If Jim had not contributed any part of the purchase price, his basis at the date of John's death would be $54,000. Do state taxes This is figured by subtracting from the $60,000 FMV, the $6,000 depreciation allocated to Jim's half interest before the date of death. Do state taxes If under local law Jim had no interest in the income from the property and he contributed no part of the purchase price, his basis at John's death would be $60,000, the FMV of the property. Do state taxes Qualified Joint Interest Include one-half of the value of a qualified joint interest in the decedent's gross estate. Do state taxes It does not matter how much each spouse contributed to the purchase price. Do state taxes Also, it does not matter which spouse dies first. Do state taxes A qualified joint interest is any interest in property held by husband and wife as either of the following. Do state taxes Tenants by the entirety, or Joint tenants with right of survivorship if husband and wife are the only joint tenants. Do state taxes Basis. Do state taxes   As the surviving spouse, your basis in property you owned with your spouse as a qualified joint interest is the cost of your half of the property with certain adjustments. Do state taxes Decrease the cost by any deductions allowed to you for depreciation and depletion. Do state taxes Increase the reduced cost by your basis in the half you inherited. Do state taxes Farm or Closely Held Business Under certain conditions, when a person dies the executor or personal representative of that person's estate can choose to value the qualified real property on other than its FMV. Do state taxes If so, the executor or personal representative values the qualified real property based on its use as a farm or its use in a closely held business. Do state taxes If the executor or personal representative chooses this method of valuation for estate tax purposes, that value is the basis of the property for the heirs. Do state taxes Qualified heirs should be able to get the necessary value from the executor or personal representative of the estate. Do state taxes Special-use valuation. Do state taxes   If you are a qualified heir who received special-use valuation property, your basis in the property is the estate's or trust's basis in that property immediately before the distribution. Do state taxes Increase your basis by any gain recognized by the estate or trust because of post-death appreciation. Do state taxes Post-death appreciation is the property's FMV on the date of distribution minus the property's FMV either on the date of the individual's death or the alternate valuation date. Do state taxes Figure all FMVs without regard to the special-use valuation. Do state taxes   You can elect to increase your basis in special-use valuation property if it becomes subject to the additional estate tax. Do state taxes This tax is assessed if, within 10 years after the death of the decedent, you transfer the property to a person who is not a member of your family or the property stops being used as a farm or in a closely held business. Do state taxes   To increase your basis in the property, you must make an irrevocable election and pay interest on the additional estate tax figured from the date 9 months after the decedent's death until the date of the payment of the additional estate tax. Do state taxes If you meet these requirements, increase your basis in the property to its FMV on the date of the decedent's death or the alternate valuation date. Do state taxes The increase in your basis is considered to have occurred immediately before the event that results in the additional estate tax. Do state taxes   You make the election by filing with Form 706-A a statement that does all of the following. Do state taxes Contains your name, address, and taxpayer identification number and those of the estate; Identifies the election as an election under section 1016(c) of the Internal Revenue Code; Specifies the property for which the election is made; and Provides any additional information required by the Instructions for Form 706-A. Do state taxes   For more information, see the Instructions for Form 706 and the Instructions for Form 706-A. Do state taxes Property Changed to Business or Rental Use If you hold property for personal use and then change it to business use or use it to produce rent, you must figure its basis for depreciation. Do state taxes An example of changing property held for personal use to business use would be renting out your former main home. Do state taxes Basis for depreciation. Do state taxes   The basis for depreciation is the lesser of the following amounts. Do state taxes The FMV of the property on the date of the change, or Your adjusted basis on the date of the change. Do state taxes Example. Do state taxes Several years ago you paid $160,000 to have your home built on a lot that cost $25,000. Do state taxes You paid $20,000 for permanent improvements to the house and claimed a $2,000 casualty loss deduction for damage to the house before changing the property to rental use last year. Do state taxes Because land is not depreciable, you include only the cost of the house when figuring the basis for depreciation. Do state taxes Your adjusted basis in the house when you changed its use was $178,000 ($160,000 + $20,000 − $2,000). Do state taxes On the same date, your property had an FMV of $180,000, of which $15,000 was for the land and $165,000 was for the house. Do state taxes The basis for figuring depreciation on the house is its FMV on the date of change ($165,000) because it is less than your adjusted basis ($178,000). Do state taxes Sale of property. Do state taxes   If you later sell or dispose of property changed to business or rental use, the basis of the property you use will depend on whether you are figuring gain or loss. Do state taxes Gain. Do state taxes   The basis for figuring a gain is your adjusted basis when you sell the property. Do state taxes Example. Do state taxes Assume the same facts as in the previous example except that you sell the property at a gain after being allowed depreciation deductions of $37,500. Do state taxes Your adjusted basis for figuring gain is $165,500 ($178,000 + $25,000 (land) − $37,500). Do state taxes Loss. Do state taxes   Figure the basis for a loss starting with the smaller of your adjusted basis or the FMV of the property at the time of the change to business or rental use. Do state taxes Then adjust this amount for the period after the change in the property's use, as discussed earlier under Adjusted Basis, to arrive at a basis for loss. Do state taxes Example. Do state taxes Assume the same facts as in the previous example, except that you sell the property at a loss after being allowed depreciation deductions of $37,500. Do state taxes In this case, you would start with the FMV on the date of the change to rental use ($180,000) because it is less than the adjusted basis of $203,000 ($178,000 + $25,000) on that date. Do state taxes Reduce that amount ($180,000) by the depreciation deductions to arrive at a basis for loss of $142,500 ($180,000 − $37,500). Do state taxes How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get more information from the IRS in several ways. Do state taxes By selecting the method that is best for you, you will have quick and easy access to tax help. Do state taxes Contacting your Taxpayer Advocate. Do state taxes   The Taxpayer Advocate Service (TAS) is an independent organization within the IRS. Do state taxes We help taxpayers who are experiencing economic harm, such as not being able to provide necessities like housing, transportation, or food; taxpayers who are seeking help in resolving tax problems with the IRS; and those who believe that an IRS system or procedure is not working as it should. Do state taxes Here are seven things every taxpayer should know about TAS. Do state taxes TAS is your voice at the IRS. Do state taxes Our service is free, confidential, and tailored to meet your needs. Do state taxes You may be eligible for our help if you have tried to resolve your tax problem through normal IRS channels and have gotten nowhere, or you believe an IRS procedure just isn't working as it should. Do state taxes We help taxpayers whose problems are causing financial difficulty or significant cost, including the cost of professional representation. Do state taxes This includes businesses as well as individuals. Do state taxes Our employees know the IRS and how to navigate it. Do state taxes If you qualify for our help, we'll assign your case to an advocate who will listen to your problem, help you understand what needs to be done to resolve it, and stay with you every step of the way until your problem is resolved. Do state taxes We have at least one local taxpayer advocate in every state, the District of Columbia, and Puerto Rico. Do state taxes You can call your local advocate, whose number is in your phone book, in Publication 1546, Taxpayer Advocate Service—Your Voice at the IRS, and on our website at www. Do state taxes irs. Do state taxes gov/advocate. Do state taxes You can also call our toll-free line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Do state taxes You can learn about your rights and responsibilities as a taxpayer by visiting our online tax toolkit at www. Do state taxes taxtoolkit. Do state taxes irs. Do state taxes gov. Do state taxes You can get updates on hot tax topics by visiting our YouTube channel at www. Do state taxes youtube. Do state taxes com/tasnta and our Facebook page at www. Do state taxes facebook. Do state taxes com/YourVoiceAtIRS, or by following our tweets at www. Do state taxes twitter. Do state taxes com/YourVoiceAtIRS. Do state taxes Low Income Taxpayer Clinics (LITCs). Do state taxes   The Low Income Taxpayer Clinic program serves individuals who have a problem with the IRS and whose income is below a certain level. Do state taxes LITCs are independent from the IRS. Do state taxes Most LITCs can provide representation before the IRS or in court on audits, tax collection disputes, and other issues for free or a small fee. Do state taxes If an individual's native language is not English, some clinics can provide multilingual information about taxpayer rights and responsibilities. Do state taxes For more information, see Publication 4134, Low Income Taxpayer Clinic List. Do state taxes This publication is available at IRS. Do state taxes gov, by calling 1-800-TAX-FORM (1-800-829-3676), or at your local IRS office. Do state taxes Free tax services. Do state taxes   Publication 910, IRS Guide to Free Tax Services, is your guide to IRS services and resources. Do state taxes Learn about free tax information from the IRS, including publications, services, and education and assistance programs. Do state taxes The publication also has an index of over 100 TeleTax topics (recorded tax information) you can listen to on the telephone. Do state taxes The majority of the information and services listed in this publication are available to you free of charge. Do state taxes If there is a fee associated with a resource or service, it is listed in the publication. Do state taxes   Accessible versions of IRS published products are available on request in a variety of alternative formats for people with d