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Filing Amended Tax Return

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Filing Amended Tax Return

Filing amended tax return Publication 501 - Introductory Material Table of Contents What's New Reminders IntroductionOrdering forms and publications. Filing amended tax return Tax questions. Filing amended tax return Useful Items - You may want to see: What's New Who must file. Filing amended tax return   In some cases, the amount of income you can receive before you must file a tax return has increased. Filing amended tax return Table 1 shows the filing requirements for most taxpayers. Filing amended tax return Exemption amount. Filing amended tax return  The amount you can deduct for each exemption has increased. Filing amended tax return It was $3,800 for 2012. Filing amended tax return It is $3,900 for 2013. Filing amended tax return Exemption phaseout. Filing amended tax return  You lose at least part of the benefit of your exemptions if your adjusted gross income is above a certain amount. Filing amended tax return For 2013, the phaseout begins at $150,000 for married individuals filing separate returns; $250,000 for single individuals; $275,000 for heads of household; and $300,000 for married individuals filing joint returns or qualifying widow(er)s. Filing amended tax return See Phaseout of Exemptions , later. Filing amended tax return Standard deduction increased. Filing amended tax return   The standard deduction for some taxpayers who do not itemize their deductions on Schedule A of Form 1040 is higher for 2013 than it was for 2012. Filing amended tax return The amount depends on your filing status. Filing amended tax return You can use the 2013 Standard Deduction Tables near the end of this publication to figure your standard deduction. Filing amended tax return Same-sex marriages. Filing amended tax return . Filing amended tax return  If you have a same-sex spouse whom you legally married in a state (or foreign country) that recognizes same-sex marriage, you and your spouse generally must use the married filing jointly or married filing separately filing status on your 2013 return, even if you and your spouse now live in a state (or foreign country) that does not recognize same-sex marriage. Filing amended tax return See Same-sex marriage under Marital Status, later. Filing amended tax return If you meet certain requirements, you may be able to file amended returns to change your filing status for some earlier years. Filing amended tax return For details on filing amended returns, see Joint Return After Separate Returns . Filing amended tax return Reminders Future developments. Filing amended tax return  Information about any future developments affecting Publication 501 (such as legislation enacted after we release it) will be posted at www. Filing amended tax return irs. Filing amended tax return gov/pub501. Filing amended tax return Taxpayer identification number for aliens. Filing amended tax return   If you are a nonresident or resident alien and you do not have and are not eligible to get a social security number (SSN), you must apply for an individual taxpayer identification number (ITIN). Filing amended tax return Your spouse also may need an ITIN if he or she does not have and is not eligible to get an SSN. Filing amended tax return See Form W-7, Application for IRS Individual Taxpayer Identification Number. Filing amended tax return Also, see Social Security Numbers for Dependents , later. Filing amended tax return Photographs of missing children. Filing amended tax return   The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Filing amended tax return Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Filing amended tax return 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. Filing amended tax return Introduction This publication discusses some tax rules that affect every person who may have to file a federal income tax return. Filing amended tax return It answers some basic questions: who must file; who should file; what filing status to use; how many exemptions to claim; and the amount of the standard deduction. Filing amended tax return Who Must File explains who must file an income tax return. Filing amended tax return If you have little or no gross income, reading this section will help you decide if you have to file a return. Filing amended tax return Who Should File helps you decide if you should file a return, even if you are not required to do so. Filing amended tax return Filing Status helps you determine which filing status to use. Filing amended tax return Filing status is important in determining whether you must file a return and whether you may claim certain deductions and credits. Filing amended tax return It also helps determine your standard deduction and tax rate. Filing amended tax return Exemptions, which reduce your taxable income, are discussed in Exemptions . Filing amended tax return Exemptions for Dependents explains the difference between a qualifying child and a qualifying relative. Filing amended tax return Other topics include the social security number requirement for dependents, the rules for multiple support agreements, and the rules for divorced or separated parents. Filing amended tax return Phaseout of Exemptions explains how to determine whether you must reduce the dollar amount of exemptions you claim and, if so, the amount of the reduction. Filing amended tax return Standard Deduction gives the rules and dollar amounts for the standard deduction — a benefit for taxpayers who do not itemize their deductions. Filing amended tax return This section also discusses the standard deduction for taxpayers who are blind or age 65 or older, as well as special rules that limit the standard deduction available to dependents. Filing amended tax return In addition, this section helps you decide whether you would be better off taking the standard deduction or itemizing your deductions. Filing amended tax return How To Get Tax Help explains how to get tax help from the IRS. Filing amended tax return This publication is for U. Filing amended tax return S. Filing amended tax return citizens and resident aliens only. Filing amended tax return If you are a resident alien for the entire year, you must follow the same tax rules that apply to U. Filing amended tax return S. Filing amended tax return citizens. Filing amended tax return The rules to determine if you are a resident or nonresident alien are discussed in chapter 1 of Publication 519, U. Filing amended tax return S. Filing amended tax return Tax Guide for Aliens. Filing amended tax return Nonresident aliens. Filing amended tax return    If you were a nonresident alien at any time during the year, the rules and tax forms that apply to you may be different from those that apply to U. Filing amended tax return S. Filing amended tax return citizens. Filing amended tax return See Publication 519. Filing amended tax return Comments and suggestions. Filing amended tax return    We welcome your comments about this publication and your suggestions for future editions. Filing amended tax return   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Filing amended tax return NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Filing amended tax return Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Filing amended tax return   You can send your comments from www. Filing amended tax return irs. Filing amended tax return gov/formspubs. Filing amended tax return Click on “More Information” and then on “Comment on Tax Forms and Publications. Filing amended tax return ”   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. Filing amended tax return Ordering forms and publications. Filing amended tax return    Visit www. Filing amended tax return irs. Filing amended tax return 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. Filing amended tax return Internal Revenue Service 1201 N. Filing amended tax return Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Filing amended tax return    If you have a tax question, check the information available on IRS. Filing amended tax return gov or call 1-800-829-1040. Filing amended tax return We cannot answer tax questions sent to either of the above addresses. Filing amended tax return Useful Items - You may want to see: Publication 559 Survivors, Executors, and Administrators 929 Tax Rules for Children and Dependents Form (and Instructions) 1040X Amended U. Filing amended tax return S. Filing amended tax return Individual Income Tax Return 2848 Power of Attorney and Declaration of Representative 8332 Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent 8814 Parents' Election To Report Child's Interest and Dividends Prev  Up  Next   Home   More Online Publications
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Letter 2761C Frequently Asked Questions (FAQs)

What is the letter telling me?

The letter is requesting your combat zone service dates to ensure that we provide you with the special provisions and protection of the combat zone deferment. It may also request copies of military orders or other documentation to support your time served in a combat zone. If you are a civilian working in support of the Armed Forces, it may ask for a Letter of Authorization or a letter from your employer.

What do I have to do?

Provide us with documentation, if requested, and your entry and exit dates in and out of the Combat Zone based on your military orders.

How much time do I have?

The letter will provide you when and where the information needs to be returned to.

What happens if I don't take any action?

If you do not provide us these dates, you will not receive the penalty and interest reductions that servicemen and women and qualified civilians are entitled to under Internal Revenue Code (IRC) 7508 or the Soldiers and Sailors Relief Act.

Who should I contact?

If you have any questions about this letter, call us at the number printed in the letter. The person who answers the phone will assist you.

What if I don't agree or have already taken corrective action?

If you do not agree with this letter, call us immediately at the number included. We will do our best to help you. If you have called us about this matter before, but we did not correct the problem, you may want to contact the Office of the Taxpayer Advocate.

Page Last Reviewed or Updated: 30-Jan-2014

The Filing Amended Tax Return

Filing amended tax return 8. Filing amended tax return   Gains and Losses Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Sales and ExchangesDetermining Gain or Loss Like-Kind Exchanges Transfer to Spouse Ordinary or Capital Gain or LossCapital Assets Noncapital Assets Hedging (Commodity Futures) Livestock Converted Wetland and Highly Erodible Cropland Timber Sale of a Farm Foreclosure or Repossession Abandonment Introduction This chapter explains how to figure, and report on your tax return, your gain or loss on the disposition of your property or debt and whether such gain or loss is ordinary or capital. Filing amended tax return Ordinary gain is taxed at the same rates as wages and interest income while capital gain is generally taxed at lower rates. Filing amended tax return Dispositions discussed in this chapter include sales, exchanges, foreclosures, repossessions, canceled debts, hedging transactions, and elections to treat cutting of timber as a sale or exchange. Filing amended tax return Topics - This chapter discusses: Sales and exchanges Ordinary or capital gain or loss Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 523 Selling Your Home 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 908 Bankruptcy Tax Guide Form (and Instructions) 982 Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) Sch D (Form 1040) Capital Gains and Losses Sch F (Form 1040) Profit or Loss From Farming 1099-A Acquisition or Abandonment of Secured Property 1099-C Cancellation of Debt 4797 Sales of Business Property 8949 Sales and Other Dispositions of Capital Assets See chapter 16 for information about getting publications and forms. Filing amended tax return Sales and Exchanges If you sell, exchange, or otherwise dispose of your property, you usually have a gain or a loss. Filing amended tax return This section explains certain rules for determining whether any gain you have is taxable, and whether any loss you have is deductible. Filing amended tax return A sale is a transfer of property for money or a mortgage, note, or other promise to pay money. Filing amended tax return An exchange is a transfer of property for other property or services. Filing amended tax return Determining Gain or Loss You usually realize a gain or loss when you sell or exchange property. Filing amended tax return If the amount you realize from a sale or exchange of property is more than its adjusted basis, you will have a gain. Filing amended tax return If the adjusted basis of the property is more than the amount you realize, you will have a loss. Filing amended tax return Basis and adjusted basis. Filing amended tax return   The basis of property you buy is usually its cost. Filing amended tax return The adjusted basis of property is basis plus certain additions and minus certain deductions. Filing amended tax return See chapter 6 for more information about basis and adjusted basis. Filing amended tax return Amount realized. Filing amended tax return   The amount you realize from a sale or exchange is the total of all money you receive plus the fair market value (FMV) (defined in chapter 6) of all property or services you receive. Filing amended tax return The amount you realize also includes any of your liabilities assumed by the buyer and any liabilities to which the property you transferred is subject, such as real estate taxes or a mortgage. Filing amended tax return   If the liabilities relate to an exchange of multiple properties, see Multiple Property Exchanges in chapter 1 of Publication 544. Filing amended tax return Amount recognized. Filing amended tax return   Your gain or loss realized from a sale or exchange of certain property is usually a recognized gain or loss for tax purposes. Filing amended tax return A recognized gain is a gain you must include in gross income and report on your income tax return. Filing amended tax return A recognized loss is a loss you deduct from gross income. Filing amended tax return However, your gain or loss realized from the exchange of certain property may not be recognized for tax purposes. Filing amended tax return See Like-Kind Exchanges next. Filing amended tax return Also, a loss from the disposition of property held for personal use is not deductible. Filing amended tax return Like-Kind Exchanges Certain exchanges of property are not taxable. Filing amended tax return This means any gain from the exchange is not recognized, and any loss cannot be deducted. Filing amended tax return Your gain or loss will not be recognized until you sell or otherwise dispose of the property you receive. Filing amended tax return The exchange of property for the same kind of property is the most common type of nontaxable exchange. Filing amended tax return To qualify for treatment as a like-kind exchange, the property traded and the property received must be both of the following. Filing amended tax return Qualifying property. Filing amended tax return Like-kind property. Filing amended tax return These two requirements are discussed later. Filing amended tax return Multiple-party transactions. Filing amended tax return   The like-kind exchange rules also apply to property exchanges that involve three and four-party transactions. Filing amended tax return Any part of these multiple-party transactions can qualify as a like-kind exchange if it meets all the requirements described in this section. Filing amended tax return Receipt of title from third party. Filing amended tax return   If you receive property in a like-kind exchange and the other party who transfers the property to you does not give you the title, but a third party does, you can still treat this transaction as a like-kind exchange if it meets all the requirements. Filing amended tax return Basis of property received. Filing amended tax return   If you receive property in a like-kind exchange, the basis of the property will be the same as the basis of the property you gave up. Filing amended tax return See chapter 6 for more information. Filing amended tax return Money paid. Filing amended tax return   If, in addition to giving up like-kind property, you pay money in a like-kind exchange, you still have no recognized gain or loss. Filing amended tax return The basis of the property received is the basis of the property given up, increased by the money paid. Filing amended tax return Example. Filing amended tax return You traded an old tractor with an adjusted basis of $15,000 for a new one. Filing amended tax return The new tractor costs $300,000. Filing amended tax return You were allowed $80,000 for the old tractor and paid $220,000 cash. Filing amended tax return You have no recognized gain or loss on the transaction regardless of the adjusted basis of your old tractor and the basis of the new tractor is $235,000, the adjusted basis of the old tractor plus the cash paid ($15,000 + $220,000). Filing amended tax return If you had sold the old tractor to a third party for $80,000 and bought a new one, you would have a recognized gain or loss on the sale of your old tractor equal to the difference between the amount realized and the adjusted basis of the old tractor. Filing amended tax return In this case, the taxable gain would be $65,000 ($80,000 − $15,000) and the basis of the new tractor would be $300,000. Filing amended tax return Reporting the exchange. Filing amended tax return   Report the exchange of like-kind property, even though no gain or loss is recognized, on Form 8824, Like-Kind Exchanges. Filing amended tax return The Instructions for Form 8824 explain how to report the details of the exchange. Filing amended tax return   If you have any recognized gain because you received money or unlike property, report it on Schedule D (Form 1040) or Form 4797, whichever applies. Filing amended tax return You may also have to report the recognized gain as ordinary income because of depreciation recapture on Form 4797. Filing amended tax return See chapter 9 for more information. Filing amended tax return Qualifying property. Filing amended tax return   In a like-kind exchange, both the property you give up and the property you receive must be held by you for investment or for productive use in your trade or business. Filing amended tax return Machinery, buildings, land, trucks, breeding livestock, rental houses, and certain mutual ditch, reservoir, or irrigation company stock are examples of property that may qualify. Filing amended tax return Nonqualifying property. Filing amended tax return   The rules for like-kind exchanges do not apply to exchanges of the following property. Filing amended tax return Property you use for personal purposes, such as your home and family car. Filing amended tax return Stock in trade or other property held primarily for sale, such as crops and produce. Filing amended tax return Stocks, bonds, or notes. Filing amended tax return However, see Qualifying property above. Filing amended tax return Other securities or evidences of indebtedness, such as accounts receivable. Filing amended tax return Partnership interests. Filing amended tax return However, you may have a nontaxable exchange under other rules. Filing amended tax return See Other Nontaxable Exchanges in chapter 1 of Publication 544. Filing amended tax return Like-kind property. Filing amended tax return   To qualify as a nontaxable exchange, the properties exchanged must be of like kind. Filing amended tax return Like-kind properties are properties of the same nature or character, even if they differ in grade or quality. Filing amended tax return Generally, real property exchanged for real property qualifies as an exchange of like-kind property. Filing amended tax return For example, an exchange of city property for farm property or improved property for unimproved property is a like-kind exchange. Filing amended tax return   An exchange of a tractor for a new tractor is an exchange of like-kind property, and so is an exchange of timber land for crop acreage. Filing amended tax return An exchange of a tractor for acreage, however, is not an exchange of like-kind property. Filing amended tax return The exchange of livestock of one sex for livestock of the other sex is not a like-kind exchange. Filing amended tax return For example, the exchange of a bull for a cow is not a like-kind exchange. Filing amended tax return An exchange of the assets of a business for the assets of a similar business cannot be treated as an exchange of one property for another property. Filing amended tax return    Note. Filing amended tax return Whether you engaged in a like-kind exchange depends on an analysis of each asset involved in the exchange. Filing amended tax return Personal property. Filing amended tax return   Depreciable tangible personal property can be either like kind or like class to qualify for nontaxable exchange treatment. Filing amended tax return Like-class properties are depreciable tangible personal properties within the same General Asset Class or Product Class. Filing amended tax return Property classified in any General Asset Class may not be classified within a Product Class. Filing amended tax return Assets that are not in the same class will qualify as like-kind property if they are of the same nature or character. Filing amended tax return General Asset Classes. Filing amended tax return   General Asset Classes describe the types of property frequently used in many businesses. Filing amended tax return They include, but are not limited to, the following property. Filing amended tax return Office furniture, fixtures, and equipment (asset class 00. Filing amended tax return 11). Filing amended tax return Information systems, such as computers and peripheral equipment (asset class 00. Filing amended tax return 12). Filing amended tax return Data handling equipment except computers (asset class 00. Filing amended tax return 13). Filing amended tax return Automobiles and taxis (asset class 00. Filing amended tax return 22). Filing amended tax return Light general purpose trucks (asset class 00. Filing amended tax return 241). Filing amended tax return Heavy general purpose trucks (asset class 00. Filing amended tax return 242). Filing amended tax return Tractor units for use over-the-road (asset class 00. Filing amended tax return 26). Filing amended tax return Trailers and trailer-mounted containers (asset class 00. Filing amended tax return 27). Filing amended tax return Industrial steam and electric generation and/or distribution systems (asset class 00. Filing amended tax return 4). Filing amended tax return Product Classes. Filing amended tax return   Product Classes include property listed in a 6-digit product class in sectors 31 through 33 of the North American Industry Classification System (NAICS) of the Executive Office of the President, Office of Management and Budget, United States, (NAICS Manual). Filing amended tax return The latest version of the manual can be accessed at www. Filing amended tax return census. Filing amended tax return gov/eos/www/naics/. Filing amended tax return Copies of the printed manual may be purchased from the National Technical Information Service (NTIS) at  www. Filing amended tax return ntis. Filing amended tax return gov/products/naics. Filing amended tax return aspx or by calling 1-800-553-NTIS (1-800-553-6847) or (703) 605-6000. Filing amended tax return A CD-ROM version with search and retrieval software is also available from NTIS. Filing amended tax return    NAICS class 333111, Farm Machinery and Equipment Manufacturing, includes most machinery and equipment used in a farming business. Filing amended tax return Partially nontaxable exchange. Filing amended tax return   If, in addition to like-kind property, you receive money or unlike property in an exchange on which you realize gain, you have a partially nontaxable exchange. Filing amended tax return You are taxed on the gain you realize, but only to the extent of the money and the FMV of the unlike property you receive. Filing amended tax return A loss is not deductible. Filing amended tax return Example 1. Filing amended tax return You trade farmland that cost $30,000 for $10,000 cash and other land to be used in farming with a FMV of $50,000. Filing amended tax return You have a realized gain of $30,000 ($50,000 FMV of new land + $10,000 cash − $30,000 basis of old farmland = $30,000 realized gain). Filing amended tax return However, only $10,000, the cash received, is recognized (included in income). Filing amended tax return Example 2. Filing amended tax return Assume the same facts as in Example 1, except that, instead of money, you received a tractor with a FMV of $10,000. Filing amended tax return Your recognized gain is still limited to $10,000, the value of the tractor (the unlike property). Filing amended tax return Example 3. Filing amended tax return Assume in Example 1 that the FMV of the land you received was only $15,000. Filing amended tax return Your $5,000 loss is not recognized. Filing amended tax return Unlike property given up. Filing amended tax return   If, in addition to like-kind property, you give up unlike property, you must recognize gain or loss on the unlike property you give up. Filing amended tax return The gain or loss is the difference between the FMV of the unlike property and the adjusted basis of the unlike property. Filing amended tax return Like-kind exchanges between related persons. Filing amended tax return   Special rules apply to like-kind exchanges between related persons. Filing amended tax return These rules affect both direct and indirect exchanges. Filing amended tax return Under these rules, if either person disposes of the property within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. Filing amended tax return The gain or loss on the original exchange must be recognized as of the date of the later disposition. Filing amended tax return The 2-year holding period begins on the date of the last transfer of property that was part of the like-kind exchange. Filing amended tax return Related persons. Filing amended tax return   Under these rules, related persons include, for example, you and a member of your family (spouse, brother, sister, parent, child, etc. Filing amended tax return ), you and a corporation in which you have more than 50% ownership, you and a partnership in which you directly or indirectly own more than a 50% interest of the capital or profits, and two partnerships in which you directly or indirectly own more than 50% of the capital interests or profits. Filing amended tax return   For the complete list of related persons, see Related persons in chapter 2 of Publication 544. Filing amended tax return Example. Filing amended tax return You used a grey pickup truck in your farming business. Filing amended tax return Your sister used a red pickup truck in her landscaping business. Filing amended tax return In December 2012, you exchanged your grey pickup truck, plus $200, for your sister's red pickup truck. Filing amended tax return At that time, the FMV of the grey pickup truck was $7,000 and its adjusted basis was $6,000. Filing amended tax return The FMV of the red pickup truck was $7,200 and its adjusted basis was $1,000. Filing amended tax return You realized a gain of $1,000 (the $7,200 FMV of the red pickup truck, minus the grey pickup truck's $6,000 adjusted basis, minus the $200 you paid). Filing amended tax return Your sister realized a gain of $6,200 (the $7,000 FMV of the grey pickup truck plus the $200 you paid, minus the $1,000 adjusted basis of the red pickup truck). Filing amended tax return However, because this was a like-kind exchange, you recognized no gain. Filing amended tax return Your basis in the red pickup truck was $6,200 (the $6,000 adjusted basis of the grey pickup truck plus the $200 you paid). Filing amended tax return She recognized gain only to the extent of the money she received, $200. Filing amended tax return Her basis in the grey pickup truck was $1,000 (the $1,000 adjusted basis of the red pickup truck minus the $200 received, plus the $200 gain recognized). Filing amended tax return In 2013, you sold the red pickup truck to a third party for $7,000. Filing amended tax return Because you sold it within 2 years after the exchange, the exchange is disqualified from nonrecognition treatment. Filing amended tax return On your tax return for 2013, you must report your $1,000 gain on the 2012 exchange. Filing amended tax return You also report a loss on the sale as $200 (the adjusted basis of the red pickup truck, $7,200 (its $6,200 basis plus the $1,000 gain recognized), minus the $7,000 realized from the sale). Filing amended tax return In addition, your sister must report on her tax return for 2013 the $6,000 balance of her gain on the 2012 exchange. Filing amended tax return Her adjusted basis in the grey pickup truck is increased to $7,000 (its $1,000 basis plus the $6,000 gain recognized). Filing amended tax return Exceptions to the rules for related persons. Filing amended tax return   The following property dispositions are excluded from these rules. Filing amended tax return Dispositions due to the death of either related person. Filing amended tax return Involuntary conversions. Filing amended tax return Dispositions where it is established to the satisfaction of the IRS that neither the exchange nor the disposition has, as a main purpose, the avoidance of federal income tax. Filing amended tax return Multiple property exchanges. Filing amended tax return   Under the like-kind exchange rules, you must generally make a property-by-property comparison to figure your recognized gain and the basis of the property you receive in the exchange. Filing amended tax return However, for exchanges of multiple properties, you do not make a property-by-property comparison if you do either of the following. Filing amended tax return Transfer and receive properties in two or more exchange groups. Filing amended tax return Transfer or receive more than one property within a single exchange group. Filing amended tax return   For more information, see Multiple Property Exchanges in chapter 1 of Publication 544. Filing amended tax return Deferred exchange. Filing amended tax return   A deferred exchange for like-kind property may qualify for nonrecognition of gain or loss. Filing amended tax return A deferred exchange is an exchange in which you transfer property you use in business or hold for investment and later receive like-kind property you will use in business or hold for investment. Filing amended tax return The property you receive is replacement property. Filing amended tax return The transaction must be an exchange of property for property rather than a transfer of property for money used to buy replacement property. Filing amended tax return In addition, the replacement property will not be treated as like-kind property unless certain identification and receipt requirements are met. Filing amended tax return   For more information see Deferred Exchanges in chapter 1 of Publication 544. Filing amended tax return Transfer to Spouse No gain or loss is recognized on a transfer of property from an individual to (or in trust for the benefit of) a spouse, or a former spouse if incident to divorce. Filing amended tax return This rule does not apply if the recipient is a nonresident alien. Filing amended tax return Nor does this rule apply to a transfer in trust to the extent the liabilities assumed and the liabilities on the property are more than the property's adjusted basis. Filing amended tax return Any transfer of property to a spouse or former spouse on which gain or loss is not recognized is not considered a sale or exchange. Filing amended tax return The recipient's basis in the property will be the same as the adjusted basis of the giver immediately before the transfer. Filing amended tax return This carryover basis rule applies whether the adjusted basis of the transferred property is less than, equal to, or greater than either its FMV at the time of transfer or any consideration paid by the recipient. Filing amended tax return This rule applies for determining loss as well as gain. Filing amended tax return Any gain recognized on a transfer in trust increases the basis. Filing amended tax return For more information on transfers of property incident to divorce, see Property Settlements in Publication 504, Divorced or Separated Individuals. Filing amended tax return Ordinary or Capital Gain or Loss Generally, you will have a capital gain or loss if you sell or exchange a capital asset (defined below). Filing amended tax return You may also have a capital gain if your section 1231 transactions result in a net gain. Filing amended tax return See Section 1231 Gains and Losses in  chapter 9. Filing amended tax return To figure your net capital gain or loss, you must classify your gains and losses as either ordinary or capital (and your capital gains or losses as either short-term or long-term). Filing amended tax return Your net capital gains may be taxed at a lower tax rate than ordinary income. Filing amended tax return See Capital Gains Tax Rates , later. Filing amended tax return Your deduction for a net capital loss may be limited. Filing amended tax return See Treatment of Capital Losses , later. Filing amended tax return Capital Assets Almost everything you own and use for personal purposes or investment is a capital asset. Filing amended tax return The following items are examples of capital assets. Filing amended tax return A home owned and occupied by you and your family. Filing amended tax return Household furnishings. Filing amended tax return A car used for pleasure. Filing amended tax return If your car is used both for pleasure and for farm business, it is partly a capital asset and partly a noncapital asset, defined later. Filing amended tax return Stocks and bonds. Filing amended tax return However, there are special rules for gains on qualified small business stock. Filing amended tax return For more information on this subject, see Gains on Qualified Small Business Stock and Losses on Section 1244 (Small Business) Stock in chapter 4 of Publication 550. Filing amended tax return Personal-use property. Filing amended tax return   Gain from a sale or exchange of personal-use property is a capital gain and is taxable. Filing amended tax return Loss from the sale or exchange of personal-use property is not deductible. Filing amended tax return You can deduct a loss relating to personal-use property only if it results from a casualty or theft. Filing amended tax return For information on casualties and thefts, see chapter 11. Filing amended tax return Long and Short Term Where you report a capital gain or loss depends on how long you own the asset before you sell or exchange it. Filing amended tax return The time you own an asset before disposing of it is the holding period. Filing amended tax return If you hold a capital asset 1 year or less, the gain or loss resulting from its disposition is short term. Filing amended tax return Report it in Part I of Schedule D (Form 1040). Filing amended tax return If you hold a capital asset longer than 1 year, the gain or loss resulting from its disposition is long term. Filing amended tax return Report it in Part II of Schedule D (Form 1040). Filing amended tax return Holding period. Filing amended tax return   To figure if you held property longer than 1 year, start counting on the day after the day you acquired the property. Filing amended tax return The day you disposed of the property is part of your holding period. Filing amended tax return Example. Filing amended tax return If you bought an asset on June 19, 2012, you should start counting on June 20, 2012. Filing amended tax return If you sold the asset on June 19, 2013, your holding period is not longer than 1 year, but if you sold it on June 20, 2013, your holding period is longer than 1 year. Filing amended tax return Inherited property. Filing amended tax return   If you inherit property, you are considered to have held the property longer than 1 year, regardless of how long you actually held it. Filing amended tax return This rule does not apply to livestock used in a farm business. Filing amended tax return See Holding period under Livestock , later. Filing amended tax return Nonbusiness bad debt. Filing amended tax return   A nonbusiness bad debt is a short-term capital loss, deductible in the year the debt becomes worthless. Filing amended tax return See chapter 4 of Publication 550. Filing amended tax return Nontaxable exchange. Filing amended tax return   If you acquire an asset in exchange for another asset and your basis for the new asset is figured, in whole or in part, by using your basis in the old property, the holding period of the new property includes the holding period of the old property. Filing amended tax return That is, it begins on the same day as your holding period for the old property. Filing amended tax return Gift. Filing amended tax return   If you receive a gift of property and your basis in it is figured using the donor's basis, your holding period includes the donor's holding period. Filing amended tax return Real property. Filing amended tax return   To figure how long you held real property, start counting on the day after you received title to it or, if earlier, on the day after you took possession of it and assumed the burdens and privileges of ownership. Filing amended tax return   However, taking possession of real property under an option agreement is not enough to start the holding period. Filing amended tax return The holding period cannot start until there is an actual contract of sale. Filing amended tax return The holding period of the seller cannot end before that time. Filing amended tax return Figuring Net Gain or Loss The totals for short-term capital gains and losses and the totals for long-term capital gains and losses must be figured separately. Filing amended tax return Net short-term capital gain or loss. Filing amended tax return   Combine your short-term capital gains and losses. Filing amended tax return Do this by adding all of your short-term capital gains. Filing amended tax return Then add all of your short-term capital losses. Filing amended tax return Subtract the lesser total from the greater. Filing amended tax return The difference is your net short-term capital gain or loss. Filing amended tax return Net long-term capital gain or loss. Filing amended tax return   Follow the same steps to combine your long-term capital gains and losses. Filing amended tax return The result is your net long-term capital gain or loss. Filing amended tax return Net gain. Filing amended tax return   If the total of your capital gains is more than the total of your capital losses, the difference is taxable. Filing amended tax return However, part of your gain (but not more than your net capital gain) may be taxed at a lower rate than the rate of tax on your ordinary income. Filing amended tax return See Capital Gains Tax Rates , later. Filing amended tax return Net loss. Filing amended tax return   If the total of your capital losses is more than the total of your capital gains, the difference is deductible. Filing amended tax return But there are limits on how much loss you can deduct and when you can deduct it. Filing amended tax return See Treatment of Capital Losses next. Filing amended tax return Treatment of Capital Losses If your capital losses are more than your capital gains, you must claim the difference even if you do not have ordinary income to offset it. Filing amended tax return For taxpayers other than corporations, the yearly limit on the capital loss you can deduct is $3,000 ($1,500 if you are married and file a separate return). Filing amended tax return If your other income is low, you may not be able to use the full $3,000. Filing amended tax return The part of the $3,000 you cannot use becomes part of your capital loss carryover (discussed next). Filing amended tax return Capital loss carryover. Filing amended tax return   Generally, you have a capital loss carryover if either of the following situations applies to you. Filing amended tax return Your net loss on Schedule D (Form 1040), is more than the yearly limit. Filing amended tax return Your taxable income without your deduction for exemptions is less than zero. Filing amended tax return If either of these situations applies to you for 2013, see Capital Losses under Reporting Capital Gains and Losses in chapter 4 of Publication 550 to figure the amount you can carry over to 2014. Filing amended tax return    To figure your capital loss carryover from 2013 to 2014, you will need a copy of your 2013 Form 1040 and Schedule D (Form 1040). Filing amended tax return Capital Gains Tax Rates The tax rates that apply to a net capital gain are generally lower than the tax rates that apply to other income. Filing amended tax return These lower rates are called the maximum capital gains rates. Filing amended tax return The term “net capital gain” means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss. Filing amended tax return See Schedule D (Form 1040) and the Instructions for Schedule D (Form 1040). Filing amended tax return Also see Publication 550. Filing amended tax return Noncapital Assets Noncapital assets include property such as inventory and depreciable property used in a trade or business. Filing amended tax return A list of properties that are not capital assets is provided in the Instructions for Schedule D (Form 1040). Filing amended tax return Property held for sale in the ordinary course of your farm business. Filing amended tax return   Property you hold mainly for sale to customers, such as livestock, poultry, livestock products, and crops, is a noncapital asset. Filing amended tax return Gain or loss from sales or other dispositions of this property is reported on Schedule F (Form 1040) (not on Schedule D (Form 1040) or Form 4797). Filing amended tax return The treatment of this property is discussed in chapter 3. Filing amended tax return Land and depreciable properties. Filing amended tax return   Land and depreciable property you use in farming are not capital assets. Filing amended tax return Noncapital assets also include livestock held for draft, breeding, dairy, or sporting purposes. Filing amended tax return However, your gains and losses from sales and exchanges of your farmland and depreciable properties must be considered together with certain other transactions to determine whether the gains and losses are treated as capital or ordinary gains and losses. Filing amended tax return The sales of these business assets are reported on Form 4797. Filing amended tax return See chapter 9 for more information. Filing amended tax return Hedging (Commodity Futures) Hedging transactions are transactions that you enter into in the normal course of business primarily to manage the risk of interest rate or price changes, or currency fluctuations, with respect to borrowings, ordinary property, or ordinary obligations. Filing amended tax return Ordinary property or obligations are those that cannot produce capital gain or loss if sold or exchanged. Filing amended tax return A commodity futures contract is a standardized, exchange-traded contract for the sale or purchase of a fixed amount of a commodity at a future date for a fixed price. Filing amended tax return The holder of an option on a futures contract has the right (but not the obligation) for a specified period of time to enter into a futures contract to buy or sell at a particular price. Filing amended tax return A forward contract is generally similar to a futures contract except that the terms are not standardized and the contract is not exchange traded. Filing amended tax return Businesses may enter into commodity futures contracts or forward contracts and may acquire options on commodity futures contracts as either of the following. Filing amended tax return Hedging transactions. Filing amended tax return Transactions that are not hedging transactions. Filing amended tax return Futures transactions with exchange-traded commodity futures contracts that are not hedging transactions, generally, result in capital gain or loss and are subject to the mark-to-market rules discussed in Publication 550. Filing amended tax return There is a limit on the amount of capital losses you can deduct each year. Filing amended tax return Hedging transactions are not subject to the mark-to-market rules. Filing amended tax return If, as a farmer-producer, to protect yourself from the risk of unfavorable price fluctuations, you enter into commodity forward contracts, futures contracts, or options on futures contracts and the contracts cover an amount of the commodity within your range of production, the transactions are generally considered hedging transactions. Filing amended tax return They can take place at any time you have the commodity under production, have it on hand for sale, or reasonably expect to have it on hand. Filing amended tax return The gain or loss on the termination of these hedges is generally ordinary gain or loss. Filing amended tax return Farmers who file their income tax returns on the cash method report any profit or loss on the hedging transaction on Schedule F, line 8. Filing amended tax return Gains or losses from hedging transactions that hedge supplies of a type regularly used or consumed in the ordinary course of your trade or business may be ordinary gains or losses. Filing amended tax return Examples include fuel and feed. Filing amended tax return If you have numerous transactions in the commodity futures market during the year, you must be able to show which transactions are hedging transactions. Filing amended tax return Clearly identify a hedging transaction on your books and records before the end of the day you entered into the transaction. Filing amended tax return It may be helpful to have separate brokerage accounts for your hedging and speculation transactions. Filing amended tax return Retain the identification of each hedging transaction with your books and records. Filing amended tax return Also, identify the item(s) or aggregate risk that is being hedged in your records. Filing amended tax return Although the identification of the hedging transaction must be made before the end of the day it was entered into, you have 35 days after entering into the transaction to identify the hedged item(s) or risk. Filing amended tax return For more information on the tax treatment of futures and options contracts, see Commodity Futures and Section 1256 Contracts Marked to Market in Publication 550. Filing amended tax return Accounting methods for hedging transactions. Filing amended tax return   The accounting method you use for a hedging transaction must clearly reflect income. Filing amended tax return This means that your accounting method must reasonably match the timing of income, deduction, gain, or loss from a hedging transaction with the timing of income, deduction, gain, or loss from the item or items being hedged. Filing amended tax return There are requirements and limits on the method you can use for certain hedging transactions. Filing amended tax return See Regulations section 1. Filing amended tax return 446-4(e) for those requirements and limits. Filing amended tax return   Hedging transactions must be accounted for under the rules stated above unless the transaction is subject to mark-to-market accounting under section 475 or you use an accounting method other than the following methods. Filing amended tax return Cash method. Filing amended tax return Farm-price method. Filing amended tax return Unit-livestock-price method. Filing amended tax return   Once you adopt a method, you must apply it consistently and must have IRS approval before changing it. Filing amended tax return   Your books and records must describe the accounting method used for each type of hedging transaction. Filing amended tax return They must also contain any additional identification necessary to verify the application of the accounting method you used for the transaction. Filing amended tax return You must make the additional identification no more than 35 days after entering into the hedging transaction. Filing amended tax return Example of a hedging transaction. Filing amended tax return   You file your income tax returns on the cash method. Filing amended tax return On July 2 you anticipate a yield of 50,000 bushels of corn this year. Filing amended tax return The December futures price is $5. Filing amended tax return 75 a bushel, but there are indications that by harvest time the price will drop. Filing amended tax return To protect yourself against a drop in the price, you enter into the following hedging transaction. Filing amended tax return You sell ten December futures contracts of 5,000 bushels each for a total of 50,000 bushels of corn at $5. Filing amended tax return 75 a bushel. Filing amended tax return   The price did not drop as anticipated but rose to $6 a bushel. Filing amended tax return In November, you sell your crop at a local elevator for $6 a bushel. Filing amended tax return You also close out your futures position by buying ten December contracts for $6 a bushel. Filing amended tax return You paid a broker's commission of $1,400 ($70 per contract) for the complete in and out position in the futures market. Filing amended tax return   The result is that the price of corn rose 25 cents a bushel and the actual selling price is $6 a bushel. Filing amended tax return Your loss on the hedge is 25 cents a bushel. Filing amended tax return In effect, the net selling price of your corn is $5. Filing amended tax return 75 a bushel. Filing amended tax return   Report the results of your futures transactions and your sale of corn separately on Schedule F. Filing amended tax return See the instructions for the 2013 Schedule F (Form 1040). Filing amended tax return   The loss on your futures transactions is $13,900, figured as follows. Filing amended tax return July 2 - Sold December corn futures (50,000 bu. Filing amended tax return @$5. Filing amended tax return 75) $287,500 November 6 - Bought December corn futures (50,000 bu. Filing amended tax return @$6 plus $1,400 broker's commission) 301,400 Futures loss ($13,900) This loss is reported as a negative figure on Schedule F, Part I, line 8, as other income. Filing amended tax return   The proceeds from your corn sale at the local elevator are $300,000 (50,000 bu. Filing amended tax return × $6). Filing amended tax return Report it on Schedule F, Part I, line 2, as income from sales of products you raised. Filing amended tax return   Assume you were right and the price went down 25 cents a bushel. Filing amended tax return In effect, you would still net $5. Filing amended tax return 75 a bushel, figured as follows. Filing amended tax return Sold cash corn, per bushel $5. Filing amended tax return 50 Gain on hedge, per bushel . Filing amended tax return 25 Net price, per bushel $5. Filing amended tax return 75       The gain on your futures transactions would have been $11,100, figured as follows. Filing amended tax return July 2 - Sold December corn futures (50,000 bu. Filing amended tax return @$5. Filing amended tax return 75) $287,500 November 6 - Bought December corn futures (50,000 bu. Filing amended tax return @$5. Filing amended tax return 50 plus $1,400 broker's commission) 276,400 Futures gain $11,100 The $11,100 is reported on Schedule F, Part I, line 8, as other income. Filing amended tax return   The proceeds from the sale of your corn at the local elevator, $275,000, are reported on Schedule F, Part I, line 2, as income from sales of products you raised. Filing amended tax return Livestock This part discusses the sale or exchange of livestock used in your farm business. Filing amended tax return Gain or loss from the sale or exchange of this livestock may qualify as a section 1231 gain or loss. Filing amended tax return However, any part of the gain that is ordinary income from the recapture of depreciation is not included as section 1231 gain. Filing amended tax return See chapter 9 for more information on section 1231 gains and losses and the recapture of depreciation under section 1245. Filing amended tax return The rules discussed here do not apply to the sale of livestock held primarily for sale to customers. Filing amended tax return The sale of this livestock is reported on Schedule F. Filing amended tax return See chapter 3. Filing amended tax return Also, special rules apply to sales or exchanges caused by weather-related conditions. Filing amended tax return See chapter 3. Filing amended tax return Holding period. Filing amended tax return   The sale or exchange of livestock used in your farm business (defined below) qualifies as a section 1231 transaction if you held the livestock for 12 months or more (24 months or more for horses and cattle). Filing amended tax return Livestock. Filing amended tax return   For section 1231 transactions, livestock includes cattle, hogs, horses, mules, donkeys, sheep, goats, fur-bearing animals, and other mammals. Filing amended tax return Also, for section 1231 transactions, livestock does not include chickens, turkeys, pigeons, geese, emus, ostriches, rheas, or other birds, fish, frogs, reptiles, etc. Filing amended tax return Livestock used in farm business. Filing amended tax return   If livestock is held primarily for draft, breeding, dairy, or sporting purposes, it is used in your farm business. Filing amended tax return The purpose for which an animal is held ordinarily is determined by a farmer's actual use of the animal. Filing amended tax return An animal is not held for draft, breeding, dairy, or sporting purposes merely because it is suitable for that purpose, or because it is held for sale to other persons for use by them for that purpose. Filing amended tax return However, a draft, breeding, or sporting purpose may be present if an animal is disposed of within a reasonable time after it is prevented from its intended use or made undesirable as a result of an accident, disease, drought, or unfitness of the animal. Filing amended tax return Example 1. Filing amended tax return You discover an animal that you intend to use for breeding purposes is sterile. Filing amended tax return You dispose of it within a reasonable time. Filing amended tax return This animal was held for breeding purposes. Filing amended tax return Example 2. Filing amended tax return You retire and sell your entire herd, including young animals that you would have used for breeding or dairy purposes had you remained in business. Filing amended tax return These young animals were held for breeding or dairy purposes. Filing amended tax return Also, if you sell young animals to reduce your breeding or dairy herd because of drought, these animals are treated as having been held for breeding or dairy purposes. Filing amended tax return See Sales Caused by Weather-Related Conditions in chapter 3. Filing amended tax return Example 3. Filing amended tax return You are in the business of raising hogs for slaughter. Filing amended tax return Customarily, before selling your sows, you obtain a single litter of pigs that you will raise for sale. Filing amended tax return You sell the brood sows after obtaining the litter. Filing amended tax return Even though you hold these brood sows for ultimate sale to customers in the ordinary course of your business, they are considered to be held for breeding purposes. Filing amended tax return Example 4. Filing amended tax return You are in the business of raising registered cattle for sale to others for use as breeding cattle. Filing amended tax return The business practice is to breed the cattle before sale to establish their fitness as registered breeding cattle. Filing amended tax return Your use of the young cattle for breeding purposes is ordinary and necessary for selling them as registered breeding cattle. Filing amended tax return Such use does not demonstrate that you are holding the cattle for breeding purposes. Filing amended tax return However, those cattle you held as additions or replacements to your own breeding herd to produce calves are considered to be held for breeding purposes, even though they may not actually have produced calves. Filing amended tax return The same applies to hog and sheep breeders. Filing amended tax return Example 5. Filing amended tax return You breed, raise, and train horses for racing purposes. Filing amended tax return Every year you cull horses from your racing stable. Filing amended tax return In 2013, you decided that to prevent your racing stable from getting too large to be effectively operated, you must cull six horses that had been raced at public tracks in 2012. Filing amended tax return These horses are all considered held for sporting purposes. Filing amended tax return Figuring gain or loss on the cash method. Filing amended tax return   Farmers or ranchers who use the cash method of accounting figure their gain or loss on the sale of livestock used in their farming business as follows. Filing amended tax return Raised livestock. Filing amended tax return   Gain on the sale of raised livestock is generally the gross sales price reduced by any expenses of the sale. Filing amended tax return Expenses of sale include sales commissions, freight or hauling from farm to commission company, and other similar expenses. Filing amended tax return The basis of the animal sold is zero if the costs of raising it were deducted during the years the animal was being raised. Filing amended tax return However, see Uniform Capitalization Rules in chapter 6. Filing amended tax return Purchased livestock. Filing amended tax return   The gross sales price minus your adjusted basis and any expenses of sale is the gain or loss. Filing amended tax return Example. Filing amended tax return A farmer sold a breeding cow on January 8, 2013, for $1,250. Filing amended tax return Expenses of the sale were $125. Filing amended tax return The cow was bought July 2, 2009, for $1,300. Filing amended tax return Depreciation (not less than the amount allowable) was $867. Filing amended tax return Gross sales price $1,250 Cost (basis) $1,300   Minus: Depreciation deduction 867   Unrecovered cost (adjusted basis) $ 433   Expense of sale 125 558 Gain realized $ 692 Converted Wetland and Highly Erodible Cropland Special rules apply to dispositions of land converted to farming use after March 1, 1986. Filing amended tax return Any gain realized on the disposition of converted wetland or highly erodible cropland is treated as ordinary income. Filing amended tax return Any loss on the disposition of such property is treated as a long-term capital loss. Filing amended tax return Converted wetland. Filing amended tax return   This is generally land that was drained or filled to make the production of agricultural commodities possible. Filing amended tax return It includes converted wetland held by the person who originally converted it or held by any other person who used the converted wetland at any time after conversion for farming. Filing amended tax return   A wetland (before conversion) is land that meets all the following conditions. Filing amended tax return It is mostly soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an oxygen-deficient state that supports the growth and regeneration of plants growing in water. Filing amended tax return It is saturated by surface or groundwater at a frequency and duration sufficient to support mostly plants that are adapted for life in saturated soil. Filing amended tax return It supports, under normal circumstances, mostly plants that grow in saturated soil. Filing amended tax return Highly erodible cropland. Filing amended tax return   This is cropland subject to erosion that you used at any time for farming purposes other than grazing animals. Filing amended tax return Generally, highly erodible cropland is land currently classified by the Department of Agriculture as Class IV, VI, VII, or VIII under its classification system. Filing amended tax return Highly erodible cropland also includes land that would have an excessive average annual erosion rate in relation to the soil loss tolerance level, as determined by the Department of Agriculture. Filing amended tax return Successor. Filing amended tax return   Converted wetland or highly erodible cropland is also land held by any person whose basis in the land is figured by reference to the adjusted basis of a person in whose hands the property was converted wetland or highly erodible cropland. Filing amended tax return Timber Standing timber you held as investment property is a capital asset. Filing amended tax return Gain or loss from its sale is capital gain or loss reported on Form 8949 and Schedule D (Form 1040), as applicable. Filing amended tax return If you held the timber primarily for sale to customers, it is not a capital asset. Filing amended tax return Gain or loss on its sale is ordinary business income or loss. Filing amended tax return It is reported on Schedule F, line 1 (purchased timber) or line 2 (raised timber). Filing amended tax return See the Instructions for Schedule F (Form 1040). Filing amended tax return Farmers who cut timber on their land and sell it as logs, firewood, or pulpwood usually have no cost or other basis for that timber. Filing amended tax return Amounts realized from these sales, and the expenses incurred in cutting, hauling, etc. Filing amended tax return , are ordinary farm income and expenses reported on Schedule F. Filing amended tax return Different rules apply if you owned the timber longer than 1 year and elect to treat timber cutting as a sale or exchange or you enter into a cutting contract, discussed below. Filing amended tax return Timber considered cut. Filing amended tax return   Timber is considered cut on the date when, in the ordinary course of business, the quantity of felled timber is first definitely determined. Filing amended tax return This is true whether the timber is cut under contract or whether you cut it yourself. Filing amended tax return Christmas trees. Filing amended tax return   Evergreen trees, such as Christmas trees, that are more than 6 years old when severed from their roots and sold for ornamental purposes are included in the term timber. Filing amended tax return They qualify for both rules discussed below. Filing amended tax return Election to treat cutting as a sale or exchange. Filing amended tax return   Under the general rule, the cutting of timber results in no gain or loss. Filing amended tax return It is not until a sale or exchange occurs that gain or loss is realized. Filing amended tax return But if you owned or had a contractual right to cut timber, you can elect to treat the cutting of timber as a section 1231 transaction in the year it is cut. Filing amended tax return Even though the cut timber is not actually sold or exchanged, you report your gain or loss on the cutting for the year the timber is cut. Filing amended tax return Any later sale results in ordinary business income or loss. Filing amended tax return See the example below. Filing amended tax return   To elect this treatment, you must: Own or hold a contractual right to cut the timber for a period of more than 1 year before it is cut, and Cut the timber for sale or use in your trade or business. Filing amended tax return Making the election. Filing amended tax return   You make the election on your return for the year the cutting takes place by including in income the gain or loss on the cutting and including a computation of your gain or loss. Filing amended tax return You do not have to make the election in the first year you cut the timber. Filing amended tax return You can make it in any year to which the election would apply. Filing amended tax return If the timber is partnership property, the election is made on the partnership return. Filing amended tax return This election cannot be made on an amended return. Filing amended tax return   Once you have made the election, it remains in effect for all later years unless you revoke it. Filing amended tax return Election under section 631(a) may be revoked. Filing amended tax return   If you previously elected for any tax year ending before October 23, 2004, to treat the cutting of timber as a sale or exchange under section 631(a), you may revoke this election without the consent of the IRS for any tax year ending after October 22, 2004. Filing amended tax return The prior election (and revocation) is disregarded for purposes of making a subsequent election. Filing amended tax return See Form T (Timber), Forest Activities Schedule, for more information. Filing amended tax return Gain or loss. Filing amended tax return   Your gain or loss on the cutting of standing timber is the difference between its adjusted basis for depletion and its FMV on the first day of your tax year in which it is cut. Filing amended tax return   Your adjusted basis for depletion of cut timber is based on the number of units (board feet, log scale, or other units) of timber cut during the tax year and considered to be sold or exchanged. Filing amended tax return Your adjusted basis for depletion is also based on the depletion unit of timber in the account used for the cut timber, and should be figured in the same manner as shown in section 611 and Regulations section 1. Filing amended tax return 611-3. Filing amended tax return   Depletion of timber is discussed in chapter 7. Filing amended tax return Example. Filing amended tax return   In April 2013, you owned 4,000 MBF (1,000 board feet) of standing timber longer than 1 year. Filing amended tax return It had an adjusted basis for depletion of $40 per MBF. Filing amended tax return You are a calendar year taxpayer. Filing amended tax return On January 1, 2013, the timber had a FMV of $350 per MBF. Filing amended tax return It was cut in April for sale. Filing amended tax return On your 2013 tax return, you elect to treat the cutting of the timber as a sale or exchange. Filing amended tax return You report the difference between the FMV and your adjusted basis for depletion as a gain. Filing amended tax return This amount is reported on Form 4797 along with your other section 1231 gains and losses to figure whether it is treated as a capital gain or as ordinary gain. Filing amended tax return You figure your gain as follows. Filing amended tax return FMV of timber January 1, 2013 $1,400,000 Minus: Adjusted basis for depletion 160,000 Section 1231 gain $1,240,000   The FMV becomes your basis in the cut timber, and a later sale of the cut timber, including any by-product or tree tops, will result in ordinary business income or loss. Filing amended tax return Outright sales of timber. Filing amended tax return   Outright sales of timber by landowners qualify for capital gains treatment using rules similar to the rules for certain disposal of timber under a contract with retained economic interest (defined later). Filing amended tax return However, for outright sales, the date of disposal is not deemed to be the date the timber is cut because the landowner can elect to treat the payment date as the date of disposal (see Date of disposal below). Filing amended tax return Cutting contract. Filing amended tax return   You must treat the disposal of standing timber under a cutting contract as a section 1231 transaction if all the following apply to you. Filing amended tax return You are the owner of the timber. Filing amended tax return You held the timber longer than 1 year before its disposal. Filing amended tax return You kept an economic interest in the timber. Filing amended tax return   You have kept an economic interest in standing timber if, under the cutting contract, the expected return on your investment is conditioned on the cutting of the timber. Filing amended tax return   The difference between the amount realized from the disposal of the timber and its adjusted basis for depletion is treated as gain or loss on its sale. Filing amended tax return Include this amount on Form 4797 along with your other section 1231 gains or losses. Filing amended tax return Date of disposal. Filing amended tax return   The date of disposal is the date the timber is cut. Filing amended tax return However, for outright sales by landowners or if you receive payment under the contract before the timber is cut, you can elect to treat the date of payment as the date of disposal. Filing amended tax return   This election applies only to figure the holding period of the timber. Filing amended tax return It has no effect on the time for reporting gain or loss (generally when the timber is sold or exchanged). Filing amended tax return   To make this election, attach a statement to the tax return filed by the due date (including extensions) for the year payment is received. Filing amended tax return The statement must identify the advance payments subject to the election and the contract under which they were made. Filing amended tax return   If you timely filed your return for the year you received payment without making the election, you can still make the election by filing an amended return within 6 months after the due date for that year's return (excluding extensions). Filing amended tax return Attach the statement to the amended return and write “Filed pursuant to section 301. Filing amended tax return 9100-2” at the top of the statement. Filing amended tax return File the amended return at the same address the original return was filed. Filing amended tax return Owner. Filing amended tax return   An owner is any person who owns an interest in the timber, including a sublessor and the holder of a contract to cut the timber. Filing amended tax return You own an interest in timber if you have the right to cut it for sale on your own account or for use in your business. Filing amended tax return Tree stumps. Filing amended tax return   Tree stumps are a capital asset if they are on land held by an investor who is not in the timber or stump business as a buyer, seller, or processor. Filing amended tax return Gain from the sale of stumps sold in one lot by such a holder is taxed as a capital gain. Filing amended tax return However, tree stumps held by timber operators after the saleable standing timber was cut and removed from the land are considered by-products. Filing amended tax return Gain from the sale of stumps in lots or tonnage by such operators is taxed as ordinary income. Filing amended tax return   See Form T (Timber) and its separate instructions for more information about dispositions of timber. Filing amended tax return Sale of a Farm The sale of your farm will usually involve the sale of both nonbusiness property (your home) and business property (the land and buildings used in the farm operation and perhaps machinery and livestock). Filing amended tax return If you have a gain from the sale, you may be allowed to exclude the gain on your home. Filing amended tax return For more information, see Publication 523, Selling Your Home. Filing amended tax return The gain on the sale of your business property is taxable. Filing amended tax return A loss on the sale of your business property to an unrelated person is deducted as an ordinary loss. Filing amended tax return Your taxable gain or loss on the sale of property used in your farm business is taxed under the rules for section 1231 transactions. Filing amended tax return See chapter 9. Filing amended tax return Losses from personal-use property, other than casualty or theft losses, are not deductible. Filing amended tax return If you receive payments for your farm in installments, your gain is taxed over the period of years the payments are received, unless you elect not to use the installment method of reporting the gain. Filing amended tax return See chapter 10 for information about installment sales. Filing amended tax return When you sell your farm, the gain or loss on each asset is figured separately. Filing amended tax return The tax treatment of gain or loss on the sale of each asset is determined by the classification of the asset. Filing amended tax return Each of the assets sold must be classified as one of the following. Filing amended tax return Capital asset held 1 year or less. Filing amended tax return Capital asset held longer than 1 year. Filing amended tax return Property (including real estate) used in your business and held 1 year or less (including draft, breeding, dairy, and sporting animals held less than the holding periods discussed earlier under Livestock ). Filing amended tax return Property (including real estate) used in your business and held longer than 1 year (including only draft, breeding, dairy, and sporting animals held for the holding periods discussed earlier). Filing amended tax return Property held primarily for sale or which is of the kind that would be included in inventory if on hand at the end of your tax year. Filing amended tax return Allocation of consideration paid for a farm. Filing amended tax return   The sale of a farm for a lump sum is considered a sale of each individual asset rather than a single asset. Filing amended tax return The residual method is required only if the group of assets sold constitutes a trade or business. Filing amended tax return This method determines gain or loss from the transfer of each asset. Filing amended tax return It also determines the buyer's basis in the business assets. Filing amended tax return For more information, see Sale of a Business in chapter 2 of Publication 544. Filing amended tax return Property used in farm operation. Filing amended tax return   The rules for excluding the gain on the sale of your home, described later under Sale of your home , do not apply to the property used for your farming business. Filing amended tax return Recognized gains and losses on business property must be reported on your return for the year of the sale. Filing amended tax return If the property was held longer than 1 year, it may qualify for section 1231 treatment (see chapter 9). Filing amended tax return Example. Filing amended tax return You sell your farm, including your main home, which you have owned since December 2001. Filing amended tax return You realize gain on the sale as follows. Filing amended tax return   Farm   Farm   With Home Without   Home Only Home Selling price $382,000 $158,000 $224,000 Cost (or other basis) 240,000 110,000 130,000 Gain $142,000 $48,000 $94,000 You must report the $94,000 gain from the sale of the property used in your farm business. Filing amended tax return All or a part of that gain may have to be reported as ordinary income from the recapture of depreciation or soil and water conservation expenses. Filing amended tax return Treat the balance as section 1231 gain. Filing amended tax return The $48,000 gain from the sale of your home is not taxable as long as you meet the requirements explained later under Sale of your home . Filing amended tax return Partial sale. Filing amended tax return   If you sell only part of your farm, you must report any recognized gain or loss on the sale of that part on your tax return for the year of the sale. Filing amended tax return You cannot wait until you have sold enough of the farm to recover its entire cost before reporting gain or loss. Filing amended tax return For a detailed discussion on installment sales, see Publication 544. Filing amended tax return Adjusted basis of the part sold. Filing amended tax return   This is the properly allocated part of your original cost or other basis of the entire farm plus or minus necessary adjustments for improvements, depreciation, etc. Filing amended tax return , on the part sold. Filing amended tax return If your home is on the farm, you must properly adjust the basis to exclude those costs from your farm asset costs, as discussed below under Sale of your home . Filing amended tax return Example. Filing amended tax return You bought a 600-acre farm for $700,000. Filing amended tax return The farm included land and buildings. Filing amended tax return The purchase contract designated $600,000 of the purchase price to the land. Filing amended tax return You later sold 60 acres of land on which you had installed a fence. Filing amended tax return Your adjusted basis for the part of your farm sold is $60,000 (1/10 of $600,000), plus any unrecovered cost (cost not depreciated) of the fence on the 60 acres at the time of sale. Filing amended tax return Use this amount to determine your gain or loss on the sale of the 60 acres. Filing amended tax return Assessed values for local property taxes. Filing amended tax return   If you paid a flat sum for the entire farm and no other facts are available for properly allocating your original cost or other basis between the land and the buildings, you can use the assessed values for local property taxes for the year of purchase to allocate the costs. Filing amended tax return Example. Filing amended tax return Assume that in the preceding example there was no breakdown of the $700,000 purchase price between land and buildings. Filing amended tax return However, in the year of purchase, local taxes on the entire property were based on assessed valuations of $420,000 for land and $140,000 for improvements, or a total of $560,000. Filing amended tax return The assessed valuation of the land is 3/4 (75%) of the total assessed valuation. Filing amended tax return Multiply the $700,000 total purchase price by 75% to figure basis of $525,000 for the 600 acres of land. Filing amended tax return The unadjusted basis of the 60 acres you sold would then be $52,500 (1/10 of $525,000). Filing amended tax return Sale of your home. Filing amended tax return   Your home is a capital asset and not property used in the trade or business of farming. Filing amended tax return If you sell a farm that includes a house you and your family occupy, you must determine the part of the selling price and the part of the cost or other basis allocable to your home. Filing amended tax return Your home includes the immediate surroundings and outbuildings relating to it that are not used for business purposes. Filing amended tax return   If you use part of your home for business, you must make an appropriate adjustment to the basis for depreciation allowed or allowable. Filing amended tax return For more information on basis, see chapter 6. Filing amended tax return More information. Filing amended tax return   For more information on selling your home, see Publication 523. Filing amended tax return Gain from condemnation. Filing amended tax return   If you have a gain from a condemnation or sale under threat of condemnation, you may use the preceding rules for excluding the gain, rather than the rules discussed under Postponing Gain in chapter 11. Filing amended tax return However, any gain that cannot be excluded (because it is more than the limit) may be postponed under the rules discussed under Postponing Gain in chapter 11. Filing amended tax return Foreclosure or Repossession If you do not make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. Filing amended tax return The foreclosure or repossession is treated as a sale or exchange from which you may realize gain or loss. Filing amended tax return This is true even if you voluntarily return the property to the lender. Filing amended tax return You may also realize ordinary income from cancellation of debt if the loan balance is more than the FMV of the property. Filing amended tax return Buyer's (borrower's) gain or loss. Filing amended tax return   You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale or exchange. Filing amended tax return The gain or loss is the difference between your adjusted basis in the transferred property and the amount realized. Filing amended tax return See Determining Gain or Loss , earlier. Filing amended tax return Worksheet 8-1. Filing amended tax return Worksheet for Foreclosures andRepossessions Part 1. Filing amended tax return Use Part 1 to figure your ordinary income from the cancellation of debt upon foreclosure or repossession. Filing amended tax return Complete this part only if you were personally liable for the debt. Filing amended tax return Otherwise, go to Part 2. Filing amended tax return   1. Filing amended tax return Enter the amount of outstanding debt immediately before the transfer of property reduced by any amount for which you remain personally liable after the transfer of property   2. Filing amended tax return Enter the Fair Market Value of the transferred property   3. Filing amended tax return Ordinary income from cancellation of debt upon foreclosure or repossession. Filing amended tax return * Subtract line 2 from line 1. Filing amended tax return If zero or less, enter -0-   Part 2. Filing amended tax return Figure your gain or loss from foreclosure or repossession. Filing amended tax return   4. Filing amended tax return If you completed Part 1, enter the smaller of line 1 or line 2. Filing amended tax return If you did not complete Part 1, enter the outstanding debt immediately before the transfer of property   5. Filing amended tax return Enter any proceeds you received from the foreclosure sale   6. Filing amended tax return Add lines 4 and 5   7. Filing amended tax return Enter the adjusted basis of the transferred property   8. Filing amended tax return Gain or loss from foreclosure or repossession. Filing amended tax return Subtract line 7  from line 6   * The income may not be taxable. Filing amended tax return See Cancellation of debt . Filing amended tax return    You can use Worksheet 8-1 to figure your gain or loss from a foreclosure or repossession. Filing amended tax return Amount realized on a nonrecourse debt. Filing amended tax return   If you are not personally liable for repaying the debt (nonrecourse debt) secured by the transferred property, the amount you realize includes the full amount of the debt canceled by the transfer. Filing amended tax return The full canceled debt is included in the amount realized even if the fair market value of the property is less than the canceled debt. Filing amended tax return Example 1. Filing amended tax return Ann paid $200,000 for land used in her farming business. Filing amended tax return She paid $15,000 down and borrowed the remaining $185,000 from a bank. Filing amended tax return Ann is not personally liable for the loan (nonrecourse debt), but pledges the land as security. Filing amended tax return The bank foreclosed on the loan 2 years after Ann stopped making payments. Filing amended tax return When the bank foreclosed, the balance due on the loan was $180,000 and the FMV of the land was $170,000. Filing amended tax return The amount Ann realized on the foreclosure was $180,000, the debt canceled by the foreclosure. Filing amended tax return She figures her gain or loss on Form 4797, Part I, by comparing the amount realized ($180,000) with her adjusted basis ($200,000). Filing amended tax return She has a $20,000 deductible loss. Filing amended tax return Example 2. Filing amended tax return Assume the same facts as in Example 1 except the FMV of the land was $210,000. Filing amended tax return The result is the same. Filing amended tax return The amount Ann realized on the foreclosure is $180,000, the debt canceled by the foreclosure. Filing amended tax return Because her adjusted basis is $200,000, she has a deductible loss of $20,000, which she reports on Form 4797, Part I. Filing amended tax return Amount realized on a recourse debt. Filing amended tax return   If you are personally liable for the debt (recourse debt), the amount realized on the foreclosure or repossession includes the lesser of: The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or The fair market value of the transferred property. Filing amended tax return   You are treated as receiving ordinary income from the canceled debt for the part of the debt that is more than the fair market value. Filing amended tax return The amount realized does not include the canceled debt that is your income from cancellation of debt. Filing amended tax return See Cancellation of debt , later. Filing amended tax return Example 3. Filing amended tax return Assume the same facts as in Example 1 above except Ann is personally liable for the loan (recourse debt). Filing amended tax return In this case, the amount she realizes is $170,000. Filing amended tax return This is the canceled debt ($180,000) up to the FMV of the land ($170,000). Filing amended tax return Ann figures her gain or loss on the foreclosure by comparing the amount realized ($170,000) with her adjusted basis ($200,000). Filing amended tax return She has a $30,000 deductible loss, which she figures on Form 4797, Part I. Filing amended tax return She is also treated as receiving ordinary income from cancellation of debt. Filing amended tax return That income is $10,000 ($180,000 − $170,000). Filing amended tax return This is the part of the canceled debt not included in the amount realized. Filing amended tax return She reports this as other income on Schedule F, line 8. Filing amended tax return Seller's (lender's) gain or loss on repossession. Filing amended tax return   If you finance a buyer's purchase of property and later acquire an interest in it through foreclosure or repossession, you may have a gain or loss on the acquisition. Filing amended tax return For more information, see Repossession in Publication 537, Installment Sales. Filing amended tax return Cancellation of debt. Filing amended tax return   If property that is repossessed or foreclosed upon secures a debt for which you are personally liable (recourse debt), you generally must report as ordinary income the amount by which the canceled debt is more than the FMV of the property. Filing amended tax return This income is separate from any gain or loss realized from the foreclosure or repossession. Filing amended tax return Report the income from cancellation of a business debt on Schedule F, line 8. Filing amended tax return Report the income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. Filing amended tax return    You can use Worksheet 8-1 to figure your income from cancellation of debt. Filing amended tax return   However, income from cancellation of debt is not taxed if any of the following apply. Filing amended tax return The cancellation is intended as a gift. Filing amended tax return The debt is qualified farm debt (see chapter 3). Filing amended tax return The debt is qualified real property business debt (see chapter 5 of Publication 334). Filing amended tax return You are insolvent or bankrupt (see  chapter 3). Filing amended tax return The debt is qualified principal residence indebtedness (see chapter 3). Filing amended tax return   Use Form 982 to report the income exclusion. Filing amended tax return Abandonment The abandonment of property is a disposition of property. Filing amended tax return You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership, but without passing it on to anyone else. Filing amended tax return Business or investment property. Filing amended tax return   Loss from abandonment of business or investment property is deductible as a loss. Filing amended tax return Loss from abandonment of business or investment property that is not treated as a sale or exchange generally is an ordinary loss. Filing amended tax return If your adjusted basis is more than the amount you realize (if any), then you have a loss. Filing amended tax return If the amount you realize (if any) is more than your adjusted basis, then you have a gain. Filing amended tax return This rule also applies to leasehold improvements the lessor made for the lessee. Filing amended tax return However, if the property is foreclosed on or repossessed in lieu of abandonment, gain or loss is figured as discussed earlier under Foreclosure or Repossession . Filing amended tax return   If the abandoned property is secured by debt, special rules apply. Filing amended tax return The tax consequences of abandonment of property that secures a debt depend on whether you are personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt). Filing amended tax return For more information, see chapter 3 of Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals). Filing amended tax return The abandonment loss is deducted in the tax year in which the loss is sustained. Filing amended tax return Report the loss on Form 4797, Part II, line 10. Filing amended tax return Personal-use property. Filing amended tax return   You cannot deduct any loss from abandonment of your home or other property held for personal use. Filing amended tax return Canceled debt. Filing amended tax return   If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt. Filing amended tax return This income is separate from any loss realized from abandonment of the property. Filing amended tax return Report income from cancellation of a debt related to a business or rental activity as business or rental income. Filing amended tax return Report income from cancellation of a nonbusiness debt as miscellaneous income on Form 1040. Filing amended tax return   However, income from cancellation of debt is not taxed in certain circumstances. Filing amended tax return See Cancellation of debt earlier under Foreclosure or Repossession . Filing amended tax return Forms 1099-A and 1099-C. Filing amended tax return   A lender who acquires an interest in your property in a foreclosure, repossession, or abandonment should send you Form 1099-A showing the information you need to figure your loss from the foreclosure, repossession, or abandonment. Filing amended tax return However, if the lender cancels part of your debt and the lender must file Form 1099-C, the lender may include the information about the foreclosure, repossession, or abandonment on that form instead of Form 1099-A. Filing amended tax return The lender must file Form 1099-C and send you a copy if the canceled debt is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Filing amended tax return For foreclosures, repossessions, abandonments of property, and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. Filing amended tax return Prev  Up  Next   Home   More Online Publications