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Can I File 2011 Tax Return Online

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Can I File 2011 Tax Return Online

Can i file 2011 tax return online Publication 537 - Main Content Table of Contents What Is an Installment Sale?Special rule. Can i file 2011 tax return online General RulesFiguring Installment Sale Income Reporting Installment Sale Income Other RulesElecting Out of the Installment Method Payments Received or Considered Received Escrow Account Depreciation Recapture Income Sale to a Related Person Like-Kind Exchange Contingent Payment Sale Single Sale of Several Assets Sale of a Business Unstated Interest and Original Issue Discount (OID) Disposition of an Installment Obligation Repossession Interest on Deferred Tax Reporting an Installment SaleRelated person. Can i file 2011 tax return online Several assets. Can i file 2011 tax return online Special situations. Can i file 2011 tax return online Schedule D (Form 1040). Can i file 2011 tax return online Form 4797. Can i file 2011 tax return online How To Get Tax Help What Is an Installment Sale? An installment sale is a sale of property where you receive at least one payment after the tax year of the sale. Can i file 2011 tax return online The rules for installment sales do not apply if you elect not to use the installment method (see Electing Out of the Installment Method under Other Rules, later) or the transaction is one for which the installment method may not apply. Can i file 2011 tax return online The installment sales method cannot be used for the following. Can i file 2011 tax return online Sale of inventory. Can i file 2011 tax return online   The regular sale of inventory of personal property does not qualify as an installment sale even if you receive a payment after the year of sale. Can i file 2011 tax return online See Sale of a Business under Other Rules, later. Can i file 2011 tax return online Dealer sales. Can i file 2011 tax return online   Sales of personal property by a person who regularly sells or otherwise disposes of the same type of personal property on the installment plan are not installment sales. Can i file 2011 tax return online This rule also applies to real property held for sale to customers in the ordinary course of a trade or business. Can i file 2011 tax return online However, the rule does not apply to an installment sale of property used or produced in farming. Can i file 2011 tax return online Special rule. Can i file 2011 tax return online   Dealers of time-shares and residential lots can treat certain sales as installment sales and report them under the installment method if they elect to pay a special interest charge. Can i file 2011 tax return online For more information, see section 453(l). Can i file 2011 tax return online Stock or securities. Can i file 2011 tax return online   You cannot use the installment method to report gain from the sale of stock or securities traded on an established securities market. Can i file 2011 tax return online You must report the entire gain on the sale in the year in which the trade date falls. Can i file 2011 tax return online Installment obligation. Can i file 2011 tax return online   The buyer's obligation to make future payments to you can be in the form of a deed of trust, note, land contract, mortgage, or other evidence of the buyer's debt to you. Can i file 2011 tax return online General Rules If a sale qualifies as an installment sale, the gain must be reported under the installment method unless you elect out of using the installment method. Can i file 2011 tax return online See Electing Out of the Installment Method under Other Rules, later, for information on recognizing the entire gain in the year of sale. Can i file 2011 tax return online Sale at a loss. Can i file 2011 tax return online   If your sale results in a loss, you cannot use the installment method. Can i file 2011 tax return online If the loss is on an installment sale of business or investment property, you can deduct it only in the tax year of sale. Can i file 2011 tax return online Unstated interest. Can i file 2011 tax return online   If your sale calls for payments in a later year and the sales contract provides for little or no interest, you may have to figure unstated interest, even if you have a loss. Can i file 2011 tax return online See Unstated Interest and Original Issue Discount (OID) under Other Rules, later. Can i file 2011 tax return online Figuring Installment Sale Income You can use the following discussions or Form 6252 to help you determine gross profit, contract price, gross profit percentage, and installment sale income. Can i file 2011 tax return online Each payment on an installment sale usually consists of the following three parts. Can i file 2011 tax return online Interest income. Can i file 2011 tax return online Return of your adjusted basis in the property. Can i file 2011 tax return online Gain on the sale. Can i file 2011 tax return online In each year you receive a payment, you must include in income both the interest part and the part that is your gain on the sale. Can i file 2011 tax return online You do not include in income the part that is the return of your basis in the property. Can i file 2011 tax return online Basis is the amount of your investment in the property for installment sale purposes. Can i file 2011 tax return online Interest Income You must report interest as ordinary income. Can i file 2011 tax return online Interest is generally not included in a down payment. Can i file 2011 tax return online However, you may have to treat part of each later payment as interest, even if it is not called interest in your agreement with the buyer. Can i file 2011 tax return online Interest provided in the agreement is called stated interest. Can i file 2011 tax return online If the agreement does not provide for enough stated interest, there may be unstated interest or original issue discount. Can i file 2011 tax return online See Unstated Interest and Original Issue Discount (OID) under Other Rules, later. Can i file 2011 tax return online Adjusted Basis and Installment Sale Income (Gain on Sale) After you have determined how much of each payment to treat as interest, you treat the rest of each payment as if it were made up of two parts. Can i file 2011 tax return online A tax-free return of your adjusted basis in the property, and Your gain (referred to as installment sale income on Form 6252). Can i file 2011 tax return online Figuring adjusted basis for installment sale purposes. Can i file 2011 tax return online   You can use Worksheet A to figure your adjusted basis in the property for installment sale purposes. Can i file 2011 tax return online When you have completed the worksheet, you will also have determined the gross profit percentage necessary to figure your installment sale income (gain) for this year. Can i file 2011 tax return online Worksheet A. Can i file 2011 tax return online Figuring Adjusted Basis and Gross Profit Percentage 1. Can i file 2011 tax return online Enter the selling price for the property   2. Can i file 2011 tax return online Enter your adjusted basis for the property     3. Can i file 2011 tax return online Enter your selling expenses     4. Can i file 2011 tax return online Enter any depreciation recapture     5. Can i file 2011 tax return online Add lines 2, 3, and 4. Can i file 2011 tax return online  This is your adjusted basis for installment sale purposes   6. Can i file 2011 tax return online Subtract line 5 from line 1. Can i file 2011 tax return online If zero or less, enter -0-. Can i file 2011 tax return online  This is your gross profit     If the amount entered on line 6 is zero, stop here. Can i file 2011 tax return online You cannot use the installment method. Can i file 2011 tax return online   7. Can i file 2011 tax return online Enter the contract price for the property   8. Can i file 2011 tax return online Divide line 6 by line 7. Can i file 2011 tax return online This is your gross profit percentage   Selling price. Can i file 2011 tax return online   The selling price is the total cost of the property to the buyer and includes any of the following. Can i file 2011 tax return online Any money you are to receive. Can i file 2011 tax return online The fair market value (FMV) of any property you are to receive (FMV is discussed in Property Used As a Payment under Other Rules, later). Can i file 2011 tax return online Any existing mortgage or other debt the buyer pays, assumes, or takes (a note, mortgage, or any other liability, such as a lien, accrued interest, or taxes you owe on the property). Can i file 2011 tax return online Any of your selling expenses the buyer pays. Can i file 2011 tax return online   Do not include stated interest, unstated interest, any amount recomputed or recharacterized as interest, or original issue discount. Can i file 2011 tax return online Adjusted basis for installment sale purposes. Can i file 2011 tax return online   Your adjusted basis is the total of the following three items. Can i file 2011 tax return online Adjusted basis. Can i file 2011 tax return online Selling expenses. Can i file 2011 tax return online Depreciation recapture. Can i file 2011 tax return online Adjusted basis. Can i file 2011 tax return online   Basis is your investment in the property for installment sale purposes. Can i file 2011 tax return online The way you figure basis depends on how you acquire the property. Can i file 2011 tax return online The basis of property you buy is generally its cost. Can i file 2011 tax return online The basis of property you inherit, receive as a gift, build yourself, or receive in a tax-free exchange is figured differently. Can i file 2011 tax return online   While you own property, various events may change your original basis. Can i file 2011 tax return online Some events, such as adding rooms or making permanent improvements, increase basis. Can i file 2011 tax return online Others, such as deductible casualty losses or depreciation previously allowed or allowable, decrease basis. Can i file 2011 tax return online The result is adjusted basis. Can i file 2011 tax return online   For more information on how to figure basis and adjusted basis, see Publication 551. Can i file 2011 tax return online For more information regarding your basis in property you inherited from someone who died in 2010 and whose executor filed Form 8939, Allocation of Increase In Basis for Property Acquired From a Decedent, see Publication 4895. Can i file 2011 tax return online Selling expenses. Can i file 2011 tax return online   Selling expenses relate to the sale of the property. Can i file 2011 tax return online They include commissions, attorney fees, and any other expenses paid on the sale. Can i file 2011 tax return online Selling expenses are added to the basis of the sold property. Can i file 2011 tax return online Depreciation recapture. Can i file 2011 tax return online   If the property you sold was depreciable property, you may need to recapture part of the gain on the sale as ordinary income. Can i file 2011 tax return online See Depreciation Recapture Income under Other Rules, later. Can i file 2011 tax return online Gross profit. Can i file 2011 tax return online   Gross profit is the total gain you report on the installment method. Can i file 2011 tax return online   To figure your gross profit, subtract your adjusted basis for installment sale purposes from the selling price. Can i file 2011 tax return online If the property you sold was your home, subtract from the gross profit any gain you can exclude. Can i file 2011 tax return online See Sale of Your Home , later, under Reporting Installment Sale Income. Can i file 2011 tax return online Contract price. Can i file 2011 tax return online   Contract price equals: The selling price, minus The mortgages, debts, and other liabilities assumed or taken by the buyer, plus The amount by which the mortgages, debts, and other liabilities assumed or taken by the buyer exceed your adjusted basis for installment sale purposes. Can i file 2011 tax return online Gross profit percentage. Can i file 2011 tax return online   A certain percentage of each payment (after subtracting interest) is reported as installment sale income. Can i file 2011 tax return online This percentage is called the gross profit percentage and is figured by dividing your gross profit from the sale by the contract price. Can i file 2011 tax return online   The gross profit percentage generally remains the same for each payment you receive. Can i file 2011 tax return online However, see the Example under Selling Price Reduced, later, for a situation where the gross profit percentage changes. Can i file 2011 tax return online Example. Can i file 2011 tax return online You sell property at a contract price of $6,000 and your gross profit is $1,500. Can i file 2011 tax return online Your gross profit percentage is 25% ($1,500 ÷ $6,000). Can i file 2011 tax return online After subtracting interest, you report 25% of each payment, including the down payment, as installment sale income from the sale for the tax year you receive the payment. Can i file 2011 tax return online The remainder (balance) of each payment is the tax-free return of your adjusted basis. Can i file 2011 tax return online Amount to report as installment sale income. Can i file 2011 tax return online   Multiply the payments you receive each year (less interest) by the gross profit percentage. Can i file 2011 tax return online The result is your installment sale income for the tax year. Can i file 2011 tax return online In certain circumstances, you may be treated as having received a payment, even though you received nothing directly. Can i file 2011 tax return online A receipt of property or the assumption of a mortgage on the property sold may be treated as a payment. Can i file 2011 tax return online For a detailed discussion, see Payments Received or Considered Received under Other Rules, later. Can i file 2011 tax return online Selling Price Reduced If the selling price is reduced at a later date, the gross profit on the sale also will change. Can i file 2011 tax return online You then must refigure the gross profit percentage for the remaining payments. Can i file 2011 tax return online Refigure your gross profit using Worksheet B. Can i file 2011 tax return online You will spread any remaining gain over future installments. Can i file 2011 tax return online Worksheet B. Can i file 2011 tax return online New Gross Profit Percentage — Selling Price Reduced 1. Can i file 2011 tax return online Enter the reduced selling  price for the property   2. Can i file 2011 tax return online Enter your adjusted  basis for the  property     3. Can i file 2011 tax return online Enter your selling  expenses     4. Can i file 2011 tax return online Enter any depreciation  recapture     5. Can i file 2011 tax return online Add lines 2, 3, and 4. Can i file 2011 tax return online   6. Can i file 2011 tax return online Subtract line 5 from line 1. Can i file 2011 tax return online  This is your adjusted  gross profit   7. Can i file 2011 tax return online Enter any installment sale  income reported in  prior year(s)   8. Can i file 2011 tax return online Subtract line 7 from line 6   9. Can i file 2011 tax return online Future installments   10. Can i file 2011 tax return online Divide line 8 by line 9. Can i file 2011 tax return online  This is your new gross profit percentage*   * Apply this percentage to all future payments to determine how much of each of those payments is installment sale income. Can i file 2011 tax return online Example. Can i file 2011 tax return online In 2011, you sold land with a basis of $40,000 for $100,000. Can i file 2011 tax return online Your gross profit was $60,000. Can i file 2011 tax return online You received a $20,000 down payment and the buyer's note for $80,000. Can i file 2011 tax return online The note provides for four annual payments of $20,000 each, plus 8% interest, beginning in 2012. Can i file 2011 tax return online Your gross profit percentage is 60%. Can i file 2011 tax return online You reported a gain of $12,000 on each payment received in 2011 and 2012. Can i file 2011 tax return online In 2013, you and the buyer agreed to reduce the purchase price to $85,000 and payments during 2013, 2014, and 2015 are reduced to $15,000 for each year. Can i file 2011 tax return online The new gross profit percentage, 46. Can i file 2011 tax return online 67%, is figured on Example—Worksheet B. Can i file 2011 tax return online You will report a gain of $7,000 (46. Can i file 2011 tax return online 67% of $15,000) on each of the $15,000 installments due in 2013, 2014, and 2015. Can i file 2011 tax return online Example — Worksheet B. Can i file 2011 tax return online New Gross Profit Percentage — Selling Price Reduced 1. Can i file 2011 tax return online Enter the reduced selling  price for the property 85,000 2. Can i file 2011 tax return online Enter your adjusted  basis for the  property 40,000   3. Can i file 2011 tax return online Enter your selling  expenses -0-   4. Can i file 2011 tax return online Enter any depreciation  recapture -0-   5. Can i file 2011 tax return online Add lines 2, 3, and 4. Can i file 2011 tax return online 40,000 6. Can i file 2011 tax return online Subtract line 5 from line 1. Can i file 2011 tax return online  This is your adjusted  gross profit 45,000 7. Can i file 2011 tax return online Enter any installment sale  income reported in  prior year(s) 24,000 8. Can i file 2011 tax return online Subtract line 7 from line 6 21,000 9. Can i file 2011 tax return online Future installments 45,000 10. Can i file 2011 tax return online Divide line 8 by line 9. Can i file 2011 tax return online  This is your new gross profit percentage* 46. Can i file 2011 tax return online 67% * Apply this percentage to all future payments to determine how much of each of those payments is installment sale income. Can i file 2011 tax return online Reporting Installment Sale Income Generally, you will use Form 6252 to report installment sale income from casual sales of real or personal property during the tax year. Can i file 2011 tax return online You also will have to report the installment sale income on Schedule D (Form 1040), Capital Gains and Losses, or Form 4797, or both. Can i file 2011 tax return online See Schedule D (Form 1040) and Form 4797 , later. Can i file 2011 tax return online If the property was your main home, you may be able to exclude part or all of the gain. Can i file 2011 tax return online See Sale of Your Home , later. Can i file 2011 tax return online Form 6252 Use Form 6252 to report an installment sale in the year it takes place and to report payments received, or considered received because of related party resales, in later years. Can i file 2011 tax return online Attach it to your tax return for each year. Can i file 2011 tax return online Form 6252 will help you determine the gross profit, contract price, gross profit percentage, and installment sale income. Can i file 2011 tax return online Which parts to complete. Can i file 2011 tax return online   Which part to complete depends on whether you are filing the form for the year of sale or a later year. Can i file 2011 tax return online Year of sale. Can i file 2011 tax return online   Complete lines 1 through 4, Part I, and Part II. Can i file 2011 tax return online If you sold property to a related party during the year, also complete Part III. Can i file 2011 tax return online Later years. Can i file 2011 tax return online   Complete lines 1 through 4 and Part II for any year in which you receive a payment from an installment sale. Can i file 2011 tax return online   If you sold a marketable security to a related party after May 14, 1980, and before January 1, 1987, complete Form 6252 for each year of the installment agreement, even if you did not receive a payment. Can i file 2011 tax return online (After December 31, 1986, the installment method is not available for the sale of marketable securities. Can i file 2011 tax return online ) Complete lines 1 through 4 and Part II for any year in which you receive a payment from the sale. Can i file 2011 tax return online Complete Part III unless you received the final payment during the tax year. Can i file 2011 tax return online   If you sold property other than a marketable security to a related party after May 14, 1980, complete Form 6252 for the year of sale and for 2 years after the year of sale, even if you did not receive a payment. Can i file 2011 tax return online Complete lines 1 through 4 and Part II for any year during this 2-year period in which you receive a payment from the sale. Can i file 2011 tax return online Complete Part III for the 2 years after the year of sale unless you received the final payment during the tax year. Can i file 2011 tax return online Schedule D (Form 1040) Enter the gain figured on Form 6252 (line 26) for personal-use property (capital assets) on Schedule D (Form 1040), as a short-term gain (line 4) or long-term gain (line 11). Can i file 2011 tax return online If your gain from the installment sale qualifies for long-term capital gain treatment in the year of sale, it will continue to qualify in later tax years. Can i file 2011 tax return online Your gain is long-term if you owned the property for more than 1 year when you sold it. Can i file 2011 tax return online Form 4797 An installment sale of property used in your business or that earns rent or royalty income may result in a capital gain, an ordinary gain, or both. Can i file 2011 tax return online All or part of any gain from the disposition of the property may be ordinary gain from depreciation recapture. Can i file 2011 tax return online For trade or business property held for more than 1 year, enter the amount from line 26 of Form 6252 on Form 4797, line 4. Can i file 2011 tax return online If the property was held 1 year or less or you have an ordinary gain from the sale of a noncapital asset (even if the holding period is more than 1 year), enter this amount on Form 4797, line 10, and write “From Form 6252. Can i file 2011 tax return online ” Sale of Your Home If you sell your home, you may be able to exclude all or part of the gain on the sale. Can i file 2011 tax return online See Publication 523 for information about excluding the gain. Can i file 2011 tax return online If the sale is an installment sale, any gain you exclude is not included in gross profit when figuring your gross profit percentage. Can i file 2011 tax return online Seller-financed mortgage. Can i file 2011 tax return online   If you finance the sale of your home to an individual, both you and the buyer may have to follow special reporting procedures. Can i file 2011 tax return online   When you report interest income received from a buyer who uses the property as a personal residence, write the buyer's name, address, and social security number (SSN) on line 1 of Schedule B (Form 1040A or 1040), Interest and Ordinary Dividends. Can i file 2011 tax return online   When deducting the mortgage interest, the buyer must write your name, address, and SSN on line 11 of Schedule A (Form 1040), Itemized Deductions. Can i file 2011 tax return online   If either person fails to include the other person's SSN, a $50 penalty will be assessed. Can i file 2011 tax return online Other Rules The rules discussed in this part of the publication apply only in certain circumstances or to certain types of property. Can i file 2011 tax return online The following topics are discussed. Can i file 2011 tax return online Electing out of the installment method. Can i file 2011 tax return online Payments received or considered received. Can i file 2011 tax return online Escrow account. Can i file 2011 tax return online Depreciation recapture income. Can i file 2011 tax return online Sale to a related person. Can i file 2011 tax return online Like-kind exchange. Can i file 2011 tax return online Contingent payment sale. Can i file 2011 tax return online Single sale of several assets. Can i file 2011 tax return online Sale of a business. Can i file 2011 tax return online Unstated interest and original issue discount. Can i file 2011 tax return online Disposition of an installment obligation. Can i file 2011 tax return online Repossession. Can i file 2011 tax return online Interest on deferred tax. Can i file 2011 tax return online Electing Out of the Installment Method If you elect not to use the installment method, you generally report the entire gain in the year of sale, even though you do not receive all the sale proceeds in that year. Can i file 2011 tax return online To figure the amount of gain to report, use the fair market value (FMV) of the buyer's installment obligation that represents the buyer's debt to you. Can i file 2011 tax return online Notes, mortgages, and land contracts are examples of obligations that are included at FMV. Can i file 2011 tax return online You must figure the FMV of the buyer's installment obligation, whether or not you would actually be able to sell it. Can i file 2011 tax return online If you use the cash method of accounting, the FMV of the obligation will never be considered to be less than the FMV of the property sold (minus any other consideration received). Can i file 2011 tax return online Example. Can i file 2011 tax return online You sold a parcel of land for $50,000. Can i file 2011 tax return online You received a $10,000 down payment and will receive the balance over the next 10 years at $4,000 a year, plus 8% interest. Can i file 2011 tax return online The buyer gave you a note for $40,000. Can i file 2011 tax return online The note had an FMV of $40,000. Can i file 2011 tax return online You paid a commission of 6%, or $3,000, to a broker for negotiating the sale. Can i file 2011 tax return online The land cost $25,000, and you owned it for more than one year. Can i file 2011 tax return online You decide to elect out of the installment method and report the entire gain in the year of sale. Can i file 2011 tax return online Gain realized:     Selling price $50,000 Minus: Property's adj. Can i file 2011 tax return online basis $25,000     Commission 3,000 28,000 Gain realized $22,000 Gain recognized in year of sale:   Cash $10,000 Market value of note 40,000 Total realized in year of sale $50,000 Minus: Property's adj. Can i file 2011 tax return online basis $25,000     Commission 3,000 28,000 Gain recognized $22,000 The recognized gain of $22,000 is long-term capital gain. Can i file 2011 tax return online You include the entire gain in income in the year of sale, so you do not include in income any principal payments you receive in later tax years. Can i file 2011 tax return online The interest on the note is ordinary income and is reported as interest income each year. Can i file 2011 tax return online How to elect out. Can i file 2011 tax return online   To make this election, do not report your sale on Form 6252. Can i file 2011 tax return online Instead, report it on Form 8949, Sales and Other Dispositions of Capital Assets, Form 4797, or both. Can i file 2011 tax return online When to elect out. Can i file 2011 tax return online   Make this election by the due date, including extensions, for filing your tax return for the year the sale takes place. Can i file 2011 tax return online Automatic six-month extension. Can i file 2011 tax return online   If you timely file your tax return without making the election, you still can make the election by filing an amended return within 6 months of the due date of your return (excluding extensions). Can i file 2011 tax return online Write “Filed pursuant to section 301. Can i file 2011 tax return online 9100-2” at the top of the amended return and file it where the original return was filed. Can i file 2011 tax return online Revoking the election. Can i file 2011 tax return online   Once made, the election can be revoked only with IRS approval. Can i file 2011 tax return online A revocation is retroactive. Can i file 2011 tax return online You will not be allowed to revoke the election if either of the following applies. Can i file 2011 tax return online One of the purposes is to avoid federal income tax. Can i file 2011 tax return online The tax year in which any payment was received has closed. Can i file 2011 tax return online Payments Received or Considered Received You must figure your gain each year on the payments you receive, or are treated as receiving, from an installment sale. Can i file 2011 tax return online In certain situations, you are considered to have received a payment, even though the buyer does not pay you directly. Can i file 2011 tax return online These situations occur when the buyer assumes or pays any of your debts, such as a loan, or pays any of your expenses, such as a sales commission. Can i file 2011 tax return online However, as discussed later, the buyer's assumption of your debt is treated as a recovery of your basis rather than as a payment in many cases. Can i file 2011 tax return online Buyer Pays Seller's Expenses If the buyer pays any of your expenses related to the sale of your property, it is considered a payment to you in the year of sale. Can i file 2011 tax return online Include these expenses in the selling and contract prices when figuring the gross profit percentage. Can i file 2011 tax return online Buyer Assumes Mortgage If the buyer assumes or pays off your mortgage, or otherwise takes the property subject to the mortgage, the following rules apply. Can i file 2011 tax return online Mortgage not more than basis. Can i file 2011 tax return online   If the buyer assumes a mortgage that is not more than your installment sale basis in the property, it is not considered a payment to you. Can i file 2011 tax return online It is considered a recovery of your basis. Can i file 2011 tax return online The contract price is the selling price minus the mortgage. Can i file 2011 tax return online Example. Can i file 2011 tax return online You sell property with an adjusted basis of $19,000. Can i file 2011 tax return online You have selling expenses of $1,000. Can i file 2011 tax return online The buyer assumes your existing mortgage of $15,000 and agrees to pay you $10,000 (a cash down payment of $2,000 and $2,000 (plus 12% interest) in each of the next 4 years). Can i file 2011 tax return online The selling price is $25,000 ($15,000 + $10,000). Can i file 2011 tax return online Your gross profit is $5,000 ($25,000 − $20,000 installment sale basis). Can i file 2011 tax return online The contract price is $10,000 ($25,000 − $15,000 mortgage). Can i file 2011 tax return online Your gross profit percentage is 50% ($5,000 ÷ $10,000). Can i file 2011 tax return online You report half of each $2,000 payment received as gain from the sale. Can i file 2011 tax return online You also report all interest you receive as ordinary income. Can i file 2011 tax return online Mortgage more than basis. Can i file 2011 tax return online   If the buyer assumes a mortgage that is more than your installment sale basis in the property, you recover your entire basis. Can i file 2011 tax return online The part of the mortgage greater than your basis is treated as a payment received in the year of sale. Can i file 2011 tax return online   To figure the contract price, subtract the mortgage from the selling price. Can i file 2011 tax return online This is the total amount (other than interest) you will receive directly from the buyer. Can i file 2011 tax return online Add to this amount the payment you are considered to have received (the difference between the mortgage and your installment sale basis). Can i file 2011 tax return online The contract price is then the same as your gross profit from the sale. Can i file 2011 tax return online    If the mortgage the buyer assumes is equal to or more than your installment sale basis, the gross profit percentage always will be 100%. Can i file 2011 tax return online Example. Can i file 2011 tax return online The selling price for your property is $9,000. Can i file 2011 tax return online The buyer will pay you $1,000 annually (plus 8% interest) over the next 3 years and assume an existing mortgage of $6,000. Can i file 2011 tax return online Your adjusted basis in the property is $4,400. Can i file 2011 tax return online You have selling expenses of $600, for a total installment sale basis of $5,000. Can i file 2011 tax return online The part of the mortgage that is more than your installment sale basis is $1,000 ($6,000 − $5,000). Can i file 2011 tax return online This amount is included in the contract price and treated as a payment received in the year of sale. Can i file 2011 tax return online The contract price is $4,000: Selling price $9,000 Minus: Mortgage (6,000) Amount actually received $3,000 Add difference:   Mortgage $6,000   Minus: Installment sale basis 5,000 1,000 Contract price $4,000       Your gross profit on the sale is also $4,000: Selling price $9,000 Minus: Installment sale basis (5,000) Gross profit $4,000 Your gross profit percentage is 100%. Can i file 2011 tax return online Report 100% of each payment (less interest) as gain from the sale. Can i file 2011 tax return online Treat the $1,000 difference between the mortgage and your installment sale basis as a payment and report 100% of it as gain in the year of sale. Can i file 2011 tax return online Mortgage Canceled If the buyer of your property is the person who holds the mortgage on it, your debt is canceled, not assumed. Can i file 2011 tax return online You are considered to receive a payment equal to the outstanding canceled debt. Can i file 2011 tax return online Example. Can i file 2011 tax return online Mary Jones loaned you $45,000 in 2009 in exchange for a note and a mortgage in a tract of land you owned. Can i file 2011 tax return online On April 4, 2013, she bought the land for $70,000. Can i file 2011 tax return online At that time, $30,000 of her loan to you was outstanding. Can i file 2011 tax return online She agreed to forgive this $30,000 debt and to pay you $20,000 (plus interest) on August 1, 2013, and $20,000 on August 1, 2014. Can i file 2011 tax return online She did not assume an existing mortgage. Can i file 2011 tax return online She canceled the $30,000 debt you owed her. Can i file 2011 tax return online You are considered to have received a $30,000 payment at the time of the sale. Can i file 2011 tax return online Buyer Assumes Other Debts If the buyer assumes any other debts, such as a loan or back taxes, it may be considered a payment to you in the year of sale. Can i file 2011 tax return online If the buyer assumes the debt instead of paying it off, only part of it may have to be treated as a payment. Can i file 2011 tax return online Compare the debt to your installment sale basis in the property being sold. Can i file 2011 tax return online If the debt is less than your installment sale basis, none of it is treated as a payment. Can i file 2011 tax return online If it is more, only the difference is treated as a payment. Can i file 2011 tax return online If the buyer assumes more than one debt, any part of the total that is more than your installment sale basis is considered a payment. Can i file 2011 tax return online These rules are the same as the rules discussed earlier under Buyer Assumes Mortgage . Can i file 2011 tax return online However, they apply only to the following types of debt the buyer assumes. Can i file 2011 tax return online Those acquired from ownership of the property you are selling, such as a mortgage, lien, overdue interest, or back taxes. Can i file 2011 tax return online Those acquired in the ordinary course of your business, such as a balance due for inventory you purchased. Can i file 2011 tax return online If the buyer assumes any other type of debt, such as a personal loan or your legal fees relating to the sale, it is treated as if the buyer had paid off the debt at the time of the sale. Can i file 2011 tax return online The value of the assumed debt is then considered a payment to you in the year of sale. Can i file 2011 tax return online Property Used As a Payment If you receive property other than money from the buyer, it is still considered a payment in the year received. Can i file 2011 tax return online However, see Like-Kind Exchange , later. Can i file 2011 tax return online Generally, the amount of the payment is the property's FMV on the date you receive it. Can i file 2011 tax return online Exception. Can i file 2011 tax return online   If the property the buyer gives you is payable on demand or readily tradable, the amount you should consider as payment in the year received is: The FMV of the property on the date you receive it if you use the cash method of accounting, The face amount of the obligation on the date you receive it if you use the accrual method of accounting, or The stated redemption price at maturity less any original issue discount (OID) or, if there is no OID, the stated redemption price at maturity appropriately discounted to reflect total unstated interest. Can i file 2011 tax return online See Unstated Interest and Original Issue Discount (OID) , later. Can i file 2011 tax return online Debt not payable on demand. Can i file 2011 tax return online   Any evidence of debt you receive from the buyer not payable on demand is not considered a payment. Can i file 2011 tax return online This is true even if the debt is guaranteed by a third party, including a government agency. Can i file 2011 tax return online Fair market value (FMV). Can i file 2011 tax return online   This is the price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having a reasonable knowledge of all the necessary facts. Can i file 2011 tax return online Third-party note. Can i file 2011 tax return online   If the property the buyer gives you is a third-party note (or other obligation of a third party), you are considered to have received a payment equal to the note's FMV. Can i file 2011 tax return online Because the FMV of the note is itself a payment on your installment sale, any payments you later receive from the third party are not considered payments on the sale. Can i file 2011 tax return online The excess of the note's face value over its FMV is interest. Can i file 2011 tax return online Exclude this interest in determining the selling price of the property. Can i file 2011 tax return online However, see Exception under Property Used As a Payment, earlier. Can i file 2011 tax return online Example. Can i file 2011 tax return online You sold real estate in an installment sale. Can i file 2011 tax return online As part of the down payment, the buyer assigned to you a $50,000, 8% interest third-party note. Can i file 2011 tax return online The FMV of the third-party note at the time of the sale was $30,000. Can i file 2011 tax return online This amount, not $50,000, is a payment to you in the year of sale. Can i file 2011 tax return online The third-party note had an FMV equal to 60% of its face value ($30,000 ÷ $50,000), so 60% of each principal payment you receive on this note is a nontaxable return of capital. Can i file 2011 tax return online The remaining 40% is interest taxed as ordinary income. Can i file 2011 tax return online Bond. Can i file 2011 tax return online   A bond or other evidence of debt you receive from the buyer that is payable on demand or readily tradable in an established securities market is treated as a payment in the year you receive it. Can i file 2011 tax return online For more information on the amount you should treat as a payment, see Exception under Property Used As a Payment, earlier. Can i file 2011 tax return online    If you receive a government or corporate bond for a sale before October 22, 2004, and the bond has interest coupons attached or can be readily traded in an established securities market, you are considered to have received payment equal to the bond's FMV. Can i file 2011 tax return online However, see Exception under Property Used As a Payment, earlier. Can i file 2011 tax return online Buyer's note. Can i file 2011 tax return online   The buyer's note (unless payable on demand) is not considered payment on the sale. Can i file 2011 tax return online However, its full face value is included when figuring the selling price and the contract price. Can i file 2011 tax return online Payments you receive on the note are used to figure your gain in the year received. Can i file 2011 tax return online Installment Obligation Used as Security (Pledge Rule) If you use an installment obligation to secure any debt, the net proceeds from the debt may be treated as a payment on the installment obligation. Can i file 2011 tax return online This is known as the pledge rule, and it applies if the selling price of the property is over $150,000. Can i file 2011 tax return online It does not apply to the following dispositions. Can i file 2011 tax return online Sales of property used or produced in farming. Can i file 2011 tax return online Sales of personal-use property. Can i file 2011 tax return online Qualifying sales of time-shares and residential lots. Can i file 2011 tax return online The net debt proceeds are the gross debt minus the direct expenses of getting the debt. Can i file 2011 tax return online The amount treated as a payment is considered received on the later of the following dates. Can i file 2011 tax return online The date the debt becomes secured. Can i file 2011 tax return online The date you receive the debt proceeds. Can i file 2011 tax return online A debt is secured by an installment obligation to the extent that payment of principal or interest on the debt is directly secured (under the terms of the loan or any underlying arrangement) by any interest in the installment obligation. Can i file 2011 tax return online For sales after December 16, 1999, payment on a debt is treated as directly secured by an interest in an installment obligation to the extent an arrangement allows you to satisfy all or part of the debt with the installment obligation. Can i file 2011 tax return online Limit. Can i file 2011 tax return online   The net debt proceeds treated as a payment on the pledged installment obligation cannot be more than the excess of item (1) over item (2), below. Can i file 2011 tax return online The total contract price on the installment sale. Can i file 2011 tax return online Any payments received on the installment obligation before the date the net debt proceeds are treated as a payment. Can i file 2011 tax return online Installment payments. Can i file 2011 tax return online   The pledge rule accelerates the reporting of the installment obligation payments. Can i file 2011 tax return online Do not report payments received on the obligation after it has been pledged until the payments received exceed the amount reported under the pledge rule. Can i file 2011 tax return online Exception. Can i file 2011 tax return online   The pledge rule does not apply to pledges made after December 17, 1987, to refinance a debt under the following circumstances. Can i file 2011 tax return online The debt was outstanding on December 17, 1987. Can i file 2011 tax return online The debt was secured by that installment sale obligation on that date and at all times thereafter until the refinancing occurred. Can i file 2011 tax return online   A refinancing as a result of the creditor's calling of the debt is treated as a continuation of the original debt so long as a person other than the creditor or a person related to the creditor provides the refinancing. Can i file 2011 tax return online   This exception applies only to refinancing that does not exceed the principal of the original debt immediately before the refinancing. Can i file 2011 tax return online Any excess is treated as a payment on the installment obligation. Can i file 2011 tax return online Escrow Account In some cases, the sales agreement or a later agreement may call for the buyer to establish an irrevocable escrow account from which the remaining installment payments (including interest) are to be made. Can i file 2011 tax return online These sales cannot be reported on the installment method. Can i file 2011 tax return online The buyer's obligation is paid in full when the balance of the purchase price is deposited into the escrow account. Can i file 2011 tax return online When an escrow account is established, you no longer rely on the buyer for the rest of the payments, but on the escrow arrangement. Can i file 2011 tax return online Example. Can i file 2011 tax return online You sell property for $100,000. Can i file 2011 tax return online The sales agreement calls for a down payment of $10,000 and payment of $15,000 in each of the next 6 years to be made from an irrevocable escrow account containing the balance of the purchase price plus interest. Can i file 2011 tax return online You cannot report the sale on the installment method because the full purchase price is considered received in the year of sale. Can i file 2011 tax return online You report the entire gain in the year of sale. Can i file 2011 tax return online Escrow established in a later year. Can i file 2011 tax return online   If you make an installment sale and in a later year an irrevocable escrow account is established to pay the remaining installments plus interest, the amount placed in the escrow account represents payment of the balance of the installment obligation. Can i file 2011 tax return online Substantial restriction. Can i file 2011 tax return online   If an escrow arrangement imposes a substantial restriction on your right to receive the sale proceeds, the sale can be reported on the installment method, provided it otherwise qualifies. Can i file 2011 tax return online For an escrow arrangement to impose a substantial restriction, it must serve a bona fide purpose of the buyer, that is, a real and definite restriction placed on the seller or a specific economic benefit conferred on the buyer. Can i file 2011 tax return online Depreciation Recapture Income If you sell property for which you claimed or could have claimed a depreciation deduction, you must report any depreciation recapture income in the year of sale, whether or not an installment payment was received that year. Can i file 2011 tax return online Figure your depreciation recapture income (including the section 179 deduction and the section 179A deduction recapture) in Part III of Form 4797. Can i file 2011 tax return online Report the recapture income in Part II of Form 4797 as ordinary income in the year of sale. Can i file 2011 tax return online The recapture income is also included in Part I of Form 6252. Can i file 2011 tax return online However, the gain equal to the recapture income is reported in full in the year of the sale. Can i file 2011 tax return online Only the gain greater than the recapture income is reported on the installment method. Can i file 2011 tax return online For more information on depreciation recapture, see chapter 3 in Publication 544. Can i file 2011 tax return online The recapture income reported in the year of sale is included in your installment sale basis in determining your gross profit on the installment sale. Can i file 2011 tax return online Determining gross profit is discussed under General Rules , earlier. Can i file 2011 tax return online Sale to a Related Person If you sell depreciable property to a related person and the sale is an installment sale, you may not be able to report the sale using the installment method. Can i file 2011 tax return online If you sell property to a related person and the related person disposes of the property before you receive all payments with respect to the sale, you may have to treat the amount realized by the related person as received by you when the related person disposes of the property. Can i file 2011 tax return online These rules are explained under Sale of Depreciable Property and under Sale and Later Disposition , later. Can i file 2011 tax return online Sale of Depreciable Property If you sell depreciable property to certain related persons, you generally cannot report the sale using the installment method. Can i file 2011 tax return online Instead, all payments to be received are considered received in the year of sale. Can i file 2011 tax return online However, see Exception , below. Can i file 2011 tax return online Depreciable property for this rule is any property the purchaser can depreciate. Can i file 2011 tax return online Payments to be received include the total of all noncontingent payments and the FMV of any payments contingent as to amount. Can i file 2011 tax return online In the case of contingent payments for which the FMV cannot be reasonably determined, your basis in the property is recovered proportionately. Can i file 2011 tax return online The purchaser cannot increase the basis of the property acquired in the sale before the seller includes a like amount in income. Can i file 2011 tax return online Exception. Can i file 2011 tax return online   You can use the installment method to report a sale of depreciable property to a related person if no significant tax deferral benefit will be derived from the sale. Can i file 2011 tax return online You must show to the satisfaction of the IRS that avoidance of federal income tax was not one of the principal purposes of the sale. Can i file 2011 tax return online Related person. Can i file 2011 tax return online   Related persons include the following. Can i file 2011 tax return online A person and all controlled entities with respect to that person. Can i file 2011 tax return online A taxpayer and any trust in which such taxpayer (or his spouse) is a beneficiary, unless that beneficiary's interest in the trust is a remote contingent interest. Can i file 2011 tax return online Except in the case of a sale or exchange in satisfaction of a pecuniary bequest, an executor of an estate and a beneficiary of that estate. Can i file 2011 tax return online Two or more partnerships in which the same person owns, directly or indirectly, more than 50% of the capital interests or the profits interests. Can i file 2011 tax return online   For information about which entities are controlled entities, see section 1239(c). Can i file 2011 tax return online Sale and Later Disposition Generally, a special rule applies if you sell or exchange property to a related person on the installment method (first disposition) who then sells, exchanges, or gives away the property (second disposition) under the following circumstances. Can i file 2011 tax return online The related person makes the second disposition before making all payments on the first disposition. Can i file 2011 tax return online The related person disposes of the property within 2 years of the first disposition. Can i file 2011 tax return online This rule does not apply if the property involved is marketable securities. Can i file 2011 tax return online Under this rule, you treat part or all of the amount the related person realizes (or the FMV if the disposed property is not sold or exchanged) from the second disposition as if you received it at the time of the second disposition. Can i file 2011 tax return online See Exception , later. Can i file 2011 tax return online Related person. Can i file 2011 tax return online   Related persons include the following. Can i file 2011 tax return online Members of a family, including only brothers and sisters (either whole or half), husband and wife, ancestors, and lineal descendants. Can i file 2011 tax return online A partnership or estate and a partner or beneficiary. Can i file 2011 tax return online A trust (other than a section 401(a) employees trust) and a beneficiary. Can i file 2011 tax return online A trust and an owner of the trust. Can i file 2011 tax return online Two corporations that are members of the same controlled group as defined in section 267(f). Can i file 2011 tax return online The fiduciaries of two different trusts, and the fiduciary and beneficiary of two different trusts, if the same person is the grantor of both trusts. Can i file 2011 tax return online A tax-exempt educational or charitable organization and a person (if an individual, including members of the individual's family) who directly or indirectly controls such an organization. Can i file 2011 tax return online An individual and a corporation when the individual owns, directly or indirectly, more than 50% of the value of the outstanding stock of the corporation. Can i file 2011 tax return online A fiduciary of a trust and a corporation when the trust or the grantor of the trust owns, directly or indirectly, more than 50% in value of the outstanding stock of the corporation. Can i file 2011 tax return online The grantor and fiduciary, and the fiduciary and beneficiary, of any trust. Can i file 2011 tax return online Any two S corporations if the same persons own more than 50% in value of the outstanding stock of each corporation. Can i file 2011 tax return online An S corporation and a corporation that is not an S corporation if the same persons own more than 50% in value of the outstanding stock of each corporation. Can i file 2011 tax return online A corporation and a partnership if the same persons own more than 50% in value of the outstanding stock of the corporation and more than 50% of the capital or profits interest in the partnership. Can i file 2011 tax return online An executor and a beneficiary of an estate unless the sale is in satisfaction of a pecuniary bequest. Can i file 2011 tax return online Example 1. Can i file 2011 tax return online In 2012, Harvey Green sold farm land to his son Bob for $500,000, which was to be paid in five equal payments over 5 years, plus adequate stated interest on the balance due. Can i file 2011 tax return online His installment sale basis for the farm land was $250,000 and the property was not subject to any outstanding liens or mortgages. Can i file 2011 tax return online His gross profit percentage is 50% (gross profit of $250,000 ÷ contract price of $500,000). Can i file 2011 tax return online He received $100,000 in 2012 and included $50,000 in income for that year ($100,000 × 0. Can i file 2011 tax return online 50). Can i file 2011 tax return online Bob made no improvements to the property and sold it to Alfalfa Inc. Can i file 2011 tax return online , in 2013 for $600,000 after making the payment for that year. Can i file 2011 tax return online The amount realized from the second disposition is $600,000. Can i file 2011 tax return online Harvey figures his installment sale income for 2013 as follows: Lesser of: 1) Amount realized on second disposition, or 2) Contract price on first disposition $500,000 Subtract: Sum of payments from Bob in 2012 and 2013 - 200,000 Amount treated as received because of second disposition $300,000 Add: Payment from Bob in 2013 + 100,000 Total payments received and treated as received for 2013 $400,000 Multiply by gross profit % × . Can i file 2011 tax return online 50 Installment sale income for 2013 $200,000 Harvey will not include in his installment sale income any principal payments he receives on the installment obligation for 2014, 2015, and 2016 because he has already reported the total payments of $500,000 from the first disposition ($100,000 in 2012 and $400,000 in 2013). Can i file 2011 tax return online Example 2. Can i file 2011 tax return online Assume the facts are the same as Example 1 except that Bob sells the property for only $400,000. Can i file 2011 tax return online The gain for 2013 is figured as follows: Lesser of: 1) Amount realized on second disposition, or 2) Contract price on first disposition $400,000 Subtract: Sum of payments from Bob in 2012 and 2013 − 200,000 Amount treated as received because of second disposition $200,000 Add: Payment from Bob in 2013 + 100,000 Total payments received and treated as received for 2013 $300,000 Multiply by gross profit % × . Can i file 2011 tax return online 50 Installment sale income for 2013 $150,000     Harvey receives a $100,000 payment in 2014 and another in 2015. Can i file 2011 tax return online They are not taxed because he treated the $200,000 from the disposition in 2013 as a payment received and paid tax on the installment sale income. Can i file 2011 tax return online In 2016, he receives the final $100,000 payment. Can i file 2011 tax return online He figures the installment sale income he must recognize in 2016 as follows: Total payments from the first disposition received by the end of 2016 $500,000 Minus the sum of:     Payment from 2012 $100,000   Payment from 2013 100,000   Amount treated as received in 2013 200,000   Total on which gain was previously recognized  − 400,000 Payment on which gain is recognized for 2016  $100,000 Multiply by gross profit % × . Can i file 2011 tax return online 50 Installment sale income for 2016 $ 50,000 Exception. Can i file 2011 tax return online   This rule does not apply to a second disposition, and any later transfer, if you can show to the satisfaction of the IRS that neither the first disposition (to the related person) nor the second disposition had as one of its principal purposes the avoidance of federal income tax. Can i file 2011 tax return online Generally, an involuntary second disposition will qualify under the nontax avoidance exception, such as when a creditor of the related person forecloses on the property or the related person declares bankruptcy. Can i file 2011 tax return online   The nontax avoidance exception also applies to a second disposition that is also an installment sale if the terms of payment under the installment resale are substantially equal to or longer than those for the first installment sale. Can i file 2011 tax return online However, the exception does not apply if the resale terms permit significant deferral of recognition of gain from the first sale. Can i file 2011 tax return online   In addition, any sale or exchange of stock to the issuing corporation is not treated as a first disposition. Can i file 2011 tax return online An involuntary conversion is not treated as a second disposition if the first disposition occurred before the threat of conversion. Can i file 2011 tax return online A transfer after the death of the person making the first disposition or the related person's death, whichever is earlier, is not treated as a second disposition. Can i file 2011 tax return online Like-Kind Exchange If you trade business or investment property solely for the same kind of property to be held as business or investment property, you can postpone reporting the gain. Can i file 2011 tax return online These trades are known as like-kind exchanges. Can i file 2011 tax return online The property you receive in a like-kind exchange is treated as if it were a continuation of the property you gave up. Can i file 2011 tax return online You do not have to report any part of your gain if you receive only like-kind property. Can i file 2011 tax return online However, if you also receive money or other property (boot) in the exchange, you must report your gain to the extent of the money and the FMV of the other property received. Can i file 2011 tax return online For more information on like-kind exchanges, see Like-Kind Exchanges in chapter 1 of Publication 544. Can i file 2011 tax return online Installment payments. Can i file 2011 tax return online   If, in addition to like-kind property, you receive an installment obligation in the exchange, the following rules apply to determine the installment sale income each year. Can i file 2011 tax return online The contract price is reduced by the FMV of the like-kind property received in the trade. Can i file 2011 tax return online The gross profit is reduced by any gain on the trade that can be postponed. Can i file 2011 tax return online Like-kind property received in the trade is not considered payment on the installment obligation. Can i file 2011 tax return online Example. Can i file 2011 tax return online In 2013, George Brown trades personal property with an installment sale basis of $400,000 for like-kind property having an FMV of $200,000. Can i file 2011 tax return online He also receives an installment note for $800,000 in the trade. Can i file 2011 tax return online Under the terms of the note, he is to receive $100,000 (plus interest) in 2014 and the balance of $700,000 (plus interest) in 2015. Can i file 2011 tax return online George's selling price is $1,000,000 ($800,000 installment note + $200,000 FMV of like-kind property received). Can i file 2011 tax return online His gross profit is $600,000 ($1,000,000 − $400,000 installment sale basis). Can i file 2011 tax return online The contract price is $800,000 ($1,000,000 − $200,000). Can i file 2011 tax return online The gross profit percentage is 75% ($600,000 ÷ $800,000). Can i file 2011 tax return online He reports no gain in 2013 because the like-kind property he receives is not treated as a payment for figuring gain. Can i file 2011 tax return online He reports $75,000 gain for 2014 (75% of $100,000 payment received) and $525,000 gain for 2015 (75% of $700,000 payment received). Can i file 2011 tax return online Deferred exchanges. Can i file 2011 tax return online   A deferred exchange is one in which you transfer property you use in business or hold for investment and receive like-kind property later that you will use in business or hold for investment. Can i file 2011 tax return online Under this type of exchange, the person receiving your property may be required to place funds in an escrow account or trust. Can i file 2011 tax return online If certain rules are met, these funds will not be considered a payment until you have the right to receive the funds or, if earlier, the end of the exchange period. Can i file 2011 tax return online See Regulations section 1. Can i file 2011 tax return online 1031(k)-1(j)(2) for these rules. Can i file 2011 tax return online Contingent Payment Sale A contingent payment sale is one in which the total selling price cannot be determined by the end of the tax year of sale. Can i file 2011 tax return online This happens, for example, if you sell your business and the selling price includes a percentage of its profits in future years. Can i file 2011 tax return online If the selling price cannot be determined by the end of the tax year, you must use different rules to figure the contract price and the gross profit percentage than those you use for an installment sale with a fixed selling price. Can i file 2011 tax return online For rules on using the installment method for a contingent payment sale, see Regulations section 15a. Can i file 2011 tax return online 453-1(c). Can i file 2011 tax return online Single Sale of Several Assets If you sell different types of assets in a single sale, you must identify each asset to determine whether you can use the installment method to report the sale of that asset. Can i file 2011 tax return online You also have to allocate part of the selling price to each asset. Can i file 2011 tax return online If you sell assets that constitute a trade or business, see Sale of a Business , later. Can i file 2011 tax return online Unless an allocation of the selling price has been agreed to by both parties in an arm's-length transaction, you must allocate the selling price to an asset based on its FMV. Can i file 2011 tax return online If the buyer assumes a debt, or takes the property subject to a debt, you must reduce the FMV of the property by the debt. Can i file 2011 tax return online This becomes the net FMV. Can i file 2011 tax return online A sale of separate and unrelated assets of the same type under a single contract is reported as one transaction for the installment method. Can i file 2011 tax return online However, if an asset is sold at a loss, its disposition cannot be reported on the installment method. Can i file 2011 tax return online It must be reported separately. Can i file 2011 tax return online The remaining assets sold at a gain are reported together. Can i file 2011 tax return online Example. Can i file 2011 tax return online You sold three separate and unrelated parcels of real property (A, B, and C) under a single contract calling for a total selling price of $130,000. Can i file 2011 tax return online The total selling price consisted of a cash payment of $20,000, the buyer's assumption of a $30,000 mortgage on parcel B, and an installment obligation of $80,000 payable in eight annual installments, plus interest at 8% a year. Can i file 2011 tax return online Your installment sale basis for each parcel was $15,000. Can i file 2011 tax return online Your net gain was $85,000 ($130,000 − $45,000). Can i file 2011 tax return online You report the gain on the installment method. Can i file 2011 tax return online The sales contract did not allocate the selling price or the cash payment received in the year of sale among the individual parcels. Can i file 2011 tax return online The FMV of parcels A, B, and C were $60,000, $60,000, and $10,000, respectively. Can i file 2011 tax return online The installment sale basis for parcel C was more than its FMV, so it was sold at a loss and must be treated separately. Can i file 2011 tax return online You must allocate the total selling price and the amounts received in the year of sale between parcel C and the remaining parcels. Can i file 2011 tax return online Of the total $130,000 selling price, you must allocate $120,000 to parcels A and B together and $10,000 to parcel C. Can i file 2011 tax return online You should allocate the cash payment of $20,000 received in the year of sale and the note receivable on the basis of their proportionate net FMV. Can i file 2011 tax return online The allocation is figured as follows:   Parcels   A and B Parcel C FMV $120,000 $10,000 Minus: Mortgage assumed 30,000 -0- Net FMV $ 90,000 $10,000 Proportionate net FMV:     Percentage of total 90% 10% Payments in year of sale:     $20,000 × 90% $18,000   $20,000 × 10%   $2,000 Excess of parcel B mortgage over installment sale basis 15,000 -0- Allocation of payments  received (or considered  received) in year of sale $ 33,000 $ 2,000 You cannot report the sale of parcel C on the installment method because the sale results in a loss. Can i file 2011 tax return online You report this loss of $5,000 ($10,000 selling price − $15,000 installment sale basis) in the year of sale. Can i file 2011 tax return online However, if parcel C was held for personal use, the loss is not deductible. Can i file 2011 tax return online You allocate the installment obligation of $80,000 to the properties sold based on their proportionate net FMVs (90% to parcels A and B, 10% to parcel C). Can i file 2011 tax return online Sale of a Business The installment sale of an entire business for one overall price under a single contract is not the sale of a single asset. Can i file 2011 tax return online Allocation of Selling Price To determine whether any of the gain on the sale of the business can be reported on the installment method, you must allocate the total selling price and the payments received in the year of sale between each of the following classes of assets. Can i file 2011 tax return online Assets sold at a loss. Can i file 2011 tax return online Real and personal property eligible for the installment method. Can i file 2011 tax return online Real and personal property ineligible for the installment method, including: Inventory, Dealer property, and Stocks and securities. Can i file 2011 tax return online Inventory. Can i file 2011 tax return online   The sale of inventories of personal property cannot be reported on the installment method. Can i file 2011 tax return online All gain or loss on their sale must be reported in the year of sale, even if you receive payment in later years. Can i file 2011 tax return online   If inventory items are included in an installment sale, you may have an agreement stating which payments are for inventory and which are for the other assets being sold. Can i file 2011 tax return online If you do not, each payment must be allocated between the inventory and the other assets sold. Can i file 2011 tax return online   Report the amount you receive (or will receive) on the sale of inventory items as ordinary business income. Can i file 2011 tax return online Use your basis in the inventory to figure the cost of goods sold. Can i file 2011 tax return online Deduct the part of the selling expenses allocated to inventory as an ordinary business expense. Can i file 2011 tax return online Residual method. Can i file 2011 tax return online   Except for assets exchanged under the like-kind exchange rules, both the buyer and seller of a business must use the residual method to allocate the sale price to each business asset sold. Can i file 2011 tax return online This method determines gain or loss from the transfer of each asset and the buyer's basis in the assets. Can i file 2011 tax return online   The residual method must be used for any transfer of a group of assets that constitutes a trade or business and for which the buyer's basis is determined only by the amount paid for the assets. Can i file 2011 tax return online This applies to both direct and indirect transfers, such as the sale of a business or the sale of a partnership interest in which the basis of the buyer's share of the partnership assets is adjusted for the amount paid under section 743(b). Can i file 2011 tax return online   A group of assets constitutes a trade or business if goodwill or going concern value could, under any circumstances, attach to the assets or if the use of the assets would constitute an active trade or business under section 355. Can i file 2011 tax return online   The residual method provides for the consideration to be reduced first by cash and general deposit accounts (including checking and savings accounts but excluding certificates of deposit). Can i file 2011 tax return online The consideration remaining after this reduction must be allocated among the various business assets in a certain order. Can i file 2011 tax return online   For asset acquisitions occurring after March 15, 2001, make the allocation among the following assets in proportion to (but not more than) their fair market value on the purchase date in the following order. Can i file 2011 tax return online Certificates of deposit, U. Can i file 2011 tax return online S. Can i file 2011 tax return online Government securities, foreign currency, and actively traded personal property, including stock and securities. Can i file 2011 tax return online Accounts receivable, other debt instruments, and assets that you mark to market at least annually for federal income tax purposes. Can i file 2011 tax return online However, see Regulations section 1. Can i file 2011 tax return online 338-6(b)(2)(iii) for exceptions that apply to debt instruments issued by persons related to a target corporation, contingent debt instruments, and debt instruments convertible into stock or other property. Can i file 2011 tax return online Property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held by the taxpayer primarily for sale to customers in the ordinary course of business. Can i file 2011 tax return online All other assets except section 197 intangibles. Can i file 2011 tax return online Section 197 intangibles except goodwill and going concern value. Can i file 2011 tax return online Goodwill and going concern value (whether or not they qualify as section 197 intangibles). Can i file 2011 tax return online   If an asset described in (1) through (6) is includible in more than one category, include it in the lower number category. Can i file 2011 tax return online For example, if an asset is described in both (4) and (6), include it in (4). Can i file 2011 tax return online Agreement. Can i file 2011 tax return online   The buyer and seller may enter into a written agreement as to the allocation of any consideration or the fair market value of any of the assets. Can i file 2011 tax return online This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. Can i file 2011 tax return online Reporting requirement. Can i file 2011 tax return online   Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. Can i file 2011 tax return online Use Form 8594, Asset Acquisition Statement Under Section 1060, to provide this information. Can i file 2011 tax return online The buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. Can i file 2011 tax return online Sale of Partnership Interest A partner who sells a partnership interest at a gain may be able to report the sale on the installment method. Can i file 2011 tax return online The sale of a partnership interest is treated as the sale of a single capital asset. Can i file 2011 tax return online The part of any gain or loss from unrealized receivables or inventory items will be treated as ordinary income. Can i file 2011 tax return online (The term “unrealized receivables” includes depreciation recapture income, discussed earlier. Can i file 2011 tax return online ) The gain allocated to the unrealized receivables and the inventory cannot be reported under the installment method. Can i file 2011 tax return online The gain allocated to the other assets can be reported under the installment method. Can i file 2011 tax return online For more information on the treatment of unrealized receivables and inventory, see Publication 541. Can i file 2011 tax return online Example — Sale of a Business On June 4, 2013, you sold the machine shop you had operated since 2005. Can i file 2011 tax return online You received a $100,000 down payment and the buyer's note for $120,000. Can i file 2011 tax return online The note payments are $15,000 each, plus 10% interest, due every July 1 and January 1, beginning in 2014. Can i file 2011 tax return online The total selling price is $220,000. Can i file 2011 tax return online Your selling expenses are $11,000. Can i file 2011 tax return online The selling expenses are divided among all the assets sold, including inventory. Can i file 2011 tax return online Your selling expense for each asset is 5% of the asset's selling price ($11,000 selling expense ÷ $220,000 total selling price). Can i file 2011 tax return online The FMV, adjusted basis, and depreciation claimed on each asset sold are as follows:     Depre- ciation Adj. Can i file 2011 tax return online Asset FMV Claimed Basis Inventory $ 10,000 -0- $ 8,000 Land 42,000 -0- 15,000 Building 48,000 $9,000 36,000 Machine A 71,000 27,200 63,800 Machine B 24,000 12,960 22,040 Truck 6,500 18,624 5,376   $201,500 $67,784 $150,216         Under the residual method, you allocate the selling price to each of the assets based on their FMV ($201,500). Can i file 2011 tax return online The remaining $18,500 ($220,000 - $201,500) is allocated to your section 197 intangible, goodwill. Can i file 2011 tax return online The assets included in the sale, their selling prices based on their FMVs, the selling expense allocated to each asset, the adjusted basis, and the gain for each asset are shown in the following chart. Can i file 2011 tax return online   Sale  Price Sale   Exp. Can i file 2011 tax return online Adj. Can i file 2011 tax return online   Basis Gain Inventory $ 10,000 $ 500 $ 8,000 $ 1,500 Land 42,000 2,100 15,000 24,900 Building 48,000 2,400 36,000 9,600 Mch. Can i file 2011 tax return online A 71,000 3,550 63,800 3,650 Mch. Can i file 2011 tax return online B 24,000 1,200 22,040 760 Truck 6,500 325 5,376 799 Goodwill 18,500 925 -0- 17,575   $220,000 $11,000 $150,216 $58,784 The building was acquired in 2005, the year the business began, and it is section 1250 property. Can i file 2011 tax return online There is no depreciation recapture income because the building was depreciated using the straight line method. Can i file 2011 tax return online All gain on the truck, machine A, and machine B is depreciation recapture income since it is the lesser of the depreciation claimed or the gain on the sale. Can i file 2011 tax return online Figure depreciation recapture in Part III of Form 4797. Can i file 2011 tax return online The total depreciation recapture income reported in Part II of Form 4797 is $5,209. Can i file 2011 tax return online This consists of $3,650 on machine A, $799 on the truck, and $760 on machine B (the gain on each item because it was less than the depreciation claimed). Can i file 2011 tax return online These gains are reported in full in the year of sale and are not included in the installment sale computation. Can i file 2011 tax return online Of the $220,000 total selling price, the $10,000 for inventory assets cannot be reported using the installment method. Can i file 2011 tax return online The selling prices of the truck and machines are also removed from the total selling price because gain on these items is reported in full in the year of sale. Can i file 2011 tax return online The selling price equals the contract price for the installment sale ($108,500). Can i file 2011 tax return online The assets included in the installment sale, their selling price, and their installment sale bases are shown in the following chart. Can i file 2011 tax return online   Selling  Price Install- ment  Sale  Basis Gross  Profit Land $ 42,000 $17,100 $24,900 Building 48,000 38,400 9,600 Goodwill 18,500 925 17,575 Total $108,500 $56,425 $52,075         The gross profit percentage (gross profit ÷ contract price) for the installment sale is 48% ($52,075 ÷ $108,500). Can i file 2011 tax return online The gross profit percentage for each asset is figured as follows: Percentage Land— $24,900 ÷ $108,500 22. Can i file 2011 tax return online 95 Building— $9,600 ÷ $108,500 8. Can i file 2011 tax return online 85 Goodwill— $17,575 ÷ $108,500 16. Can i file 2011 tax return online 20 Total 48. Can i file 2011 tax return online 00 The sale includes assets sold on the installment method and assets for which the gain is reported in full in the year of sale, so payments must be allocated between the installment part of the sale and the part reported in the year of sale. Can i file 2011 tax return online The selling price for the installment sale is $108,500. Can i file 2011 tax return online This is 49. Can i file 2011 tax return online 3% of the total selling price of $220,000 ($108,500 ÷ $220,000). Can i file 2011 tax return online The selling price of assets not reported on the installment method is $111,500. Can i file 2011 tax return online This is 50. Can i file 2011 tax return online 7% ($111,500 ÷ $220,000) of the total selling price. Can i file 2011 tax return online Multiply principal payments by 49. Can i file 2011 tax return online 3% to determine the part of the payment for the installment sale. Can i file 2011 tax return online The balance, 50. Can i file 2011 tax return online 7%, is for the part reported in the year of the sale. Can i file 2011 tax return online The gain on the sale of the inventory, machines, and truck is reported in full in the year of sale. Can i file 2011 tax return online When you receive principal payments in later years, no part of the payment for the sale of these assets is included in gross income. Can i file 2011 tax return online Only the part for the installment sale (49. Can i file 2011 tax return online 3%) is used in the installment sale computation. Can i file 2011 tax return online The only payment received in 2013 is the down payment of $100,000. Can i file 2011 tax return online The part of the payment for the installment sale is $49,300 ($100,000 × 49. Can i file 2011 tax return online 3%). Can i file 2011 tax return online This amount is used in the installment sale computation. Can i file 2011 tax return online Installment income for 2013. Can i file 2011 tax return online   Your installment income for each asset is the gross profit percentage for that asset times $49,300, the installment income received in 2013. Can i file 2011 tax return online Income Land—22. Can i file 2011 tax return online 95% of $49,300 $11,314 Building—8. Can i file 2011 tax return online 85% of $49,300 4,363 Goodwill—16. Can i file 2011 tax return online 2% of $49,300 7,987 Total installment income for 2013 $23,664 Installment income after 2013. Can i file 2011 tax return online   You figure installment income for years after 2013 by applying the same gross profit percentages to 49. Can i file 2011 tax return online 3% of the total payments you receive on the buyer's note during the year. Can i file 2011 tax return online Unstated Interest and Original Issue Discount (OID) An installment sale contract may provide that each deferred payment on the sale will include interest or that there will be an interest payment in addition to the principal payment. Can i file 2011 tax return online Interest provided in the contract is called stated interest. Can i file 2011 tax return online If an installment sale contract does not provide for adequate stated interest, part of the stated principal amount of the contract may be recharacterized as interest. Can i file 2011 tax return online If section 483 applies to the contract, this interest is called unstated interest. Can i file 2011 tax return online If section 1274 applies to the contract, this interest is called original issue discount (OID). Can i file 2011 tax return online An installment sale contract does not provide for adequate stated interest if the stated interest rate is lower than the test rate (defined later). Can i file 2011 tax return online Treatment of unstated interest and OID. Can i file 2011 tax return online   Generally, if a buyer gives a debt in consideration for personal use property, the unstated interest rules do not apply. Can i file 2011 tax return online As a result, the buyer cannot deduct the unstated interest. Can i file 2011 tax return online The seller must report the unstated interest as income. Can i file 2011 tax return online   Personal-use property is any property in which substantially all of its use by the buyer is not in connection with a trade or business or an investment activity. Can i file 2011 tax return online   If the debt is subject to the section 483 rules and is also subject to the below-market loan rules, such as a gift loan, compensation-related loan, or corporation-shareholder loan, then both parties are subject to the below-market loan rules rather than the unstated interest rules. Can i file 2011 tax return online Rules for the seller. Can i file 2011 tax return online   If either section 1274 or section 483 applies to the installment sale contract, you must treat part of the installment sale price as interest, even though interest is not called for in the sales agreement. Can i file 2011 tax return online If either section applies, you must reduce the stated selling price of the property and increase your interest income by this unstated interest. Can i file 2011 tax return online   Include the unstated interest in income based on your regular method of accounting. Can i file 2011 tax return online Include OID in income over the term of the contract. Can i file 2011 tax return online   The OID includible in income each year is based on the constant yield method described in section 1272. Can i file 2011 tax return online (In some cases, the OID on an installment sale contract also may include all or part of the stated interest, especially if the stated interest is not paid at least annually. Can i file 2011 tax return online )   If you do not use the installment method to report the sale, report the entire gain under your method of accounting in the year of sale. Can i file 2011 tax return online Reduce the selling price by any stated principal treated as interest to determine the gain. Can i file 2011 tax return online   Report unstated interest or OID on your tax return, in addition to stated interest. Can i file 2011 tax return online Rules for the buyer. Can i file 2011 tax return online   Any part of the stated selling price of an installment sale contract treated by the buyer as interest reduces the buyer's basis in the property and increases the buyer's interest expense. Can i file 2011 tax return online These rules do not apply to personal-use property (for example, property not used in a trade or business). Can i file 2011 tax return online Adequate stated interest. Can i file 2011 tax return online   An installment sale contract generally provides for adequate stated interest if the contract's stated principal amount is at least equal to the sum of the present values of all principal and interest payments called for under the contract. Can i file 2011 tax return online The present value of a payment is determined based on the test rate of interest, defined next. Can i file 2011 tax return online (If section 483 applies to the contract, payments due within six months after the sale are taken into account at face value. Can i file 2011 tax return online ) In general, an installment sale contract provides for adequate stated interest if the stated interest rate (based on an appropriate compounding period) is at least equal to the test rate of interest. Can i file 2011 tax return online Test rate of interest. Can i file 2011 tax return online   The test rate of interest for a contract is the 3-month rate. Can i file 2011 tax return online The 3-month rate is the lower of the following applicable federal rates (AFRs). Can i file 2011 tax return online The lowest AFR (based on the appropriate compounding period) in effect during the 3-month period ending with the first month in which there is a binding written contract that substantially provides the terms under which the sale or exchange is ultimately completed. Can i file 2011 tax return online The lowest AFR (based on the appropriate compounding period) in effect during the 3-month period ending with the month in which the sale or exchange occurs. Can i file 2011 tax return online Applicable federal rate (AFR). Can i file 2011 tax return online   The AFR depends on the month the binding
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Can i file 2011 tax return online 10. Can i file 2011 tax return online   Business Bad Debts Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Definition of Business Bad DebtAccrual method. Can i file 2011 tax return online Cash method. Can i file 2011 tax return online Debt acquired from a decedent. Can i file 2011 tax return online Liquidation. Can i file 2011 tax return online Types of Business Bad Debts When a Debt Becomes Worthless How To Claim a Business Bad DebtSpecific Charge-Off Method Nonaccrual-Experience Method Recovery of a Bad DebtNet operating loss (NOL) carryover. Can i file 2011 tax return online Introduction You have a bad debt if you cannot collect money owed to you. Can i file 2011 tax return online A bad debt is either a business bad debt or a nonbusiness bad debt. Can i file 2011 tax return online This chapter discusses only business bad debts. Can i file 2011 tax return online Generally, a business bad debt is one that comes from operating your trade or business. Can i file 2011 tax return online You can deduct business bad debts on Schedule C (Form 1040) or your applicable business income tax return. Can i file 2011 tax return online All other bad debts are nonbusiness bad debts and are deductible only as short-term capital losses. Can i file 2011 tax return online For more information on nonbusiness bad debts, see Publication 550. Can i file 2011 tax return online Topics - This chapter discusses: Definition of business bad debt When a debt becomes worthless How to claim a business bad debt Recovery of a bad debt Useful Items - You may want to see: Publication 525 Taxable and Nontaxable Income 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 556 Examination of Returns, Appeal Rights, and Claims for Refund Form (and Instructions) Schedule C (Form 1040) Profit or Loss From Business 1040X Amended U. Can i file 2011 tax return online S. Can i file 2011 tax return online Individual Income Tax Return 1045 Application for Tentative Refund 1139 Corporation Application for Tentative Refund 3115 Application for Change in Accounting Method See chapter 12 for information about getting publications and forms. Can i file 2011 tax return online Definition of Business Bad Debt A business bad debt is a loss from the worthlessness of a debt that was either: Created or acquired in your trade or business, or Closely related to your trade or business when it became partly or totally worthless. Can i file 2011 tax return online A debt is closely related to your trade or business if your primary motive for incurring the debt is business related. Can i file 2011 tax return online Bad debts of a corporation (other than an S corporation) are always business bad debts. Can i file 2011 tax return online Credit sales. Can i file 2011 tax return online   Business bad debts are mainly the result of credit sales to customers. Can i file 2011 tax return online Goods that have been sold, but not yet paid for, and services that have been performed, but not yet paid for, are recorded in your books as either accounts receivable or notes receivable. Can i file 2011 tax return online After a reasonable period of time, if you have tried to collect the amount due, but are unable to do so, the uncollectible part becomes a business bad debt. Can i file 2011 tax return online   Accounts or notes receivable valued at fair market value (FMV) when received are deductible only at that value, even though the FMV may be less than the face value. Can i file 2011 tax return online If you purchased an account receivable for less than its face value, and the receivable subsequently becomes worthless, the most you are allowed to deduct is the amount you paid to acquire it. Can i file 2011 tax return online    You can claim a business bad debt deduction only if the amount owed to you was previously included in gross income. Can i file 2011 tax return online This applies to amounts owed to you from all sources of taxable income, including sales, services, rents, and interest. Can i file 2011 tax return online Accrual method. Can i file 2011 tax return online   If you use the accrual method of accounting, you generally report income as you earn it. Can i file 2011 tax return online You can only claim a bad debt deduction for an uncollectible receivable if you have previously included the uncollectible amount in income. Can i file 2011 tax return online   If you qualify, you can use the nonaccrual-experience method of accounting discussed later. Can i file 2011 tax return online Under this method, you do not have to accrue income that, based on your experience, you do not expect to collect. Can i file 2011 tax return online Cash method. Can i file 2011 tax return online   If you use the cash method of accounting, you generally report income when you receive payment. Can i file 2011 tax return online You cannot claim a bad debt deduction for amounts owed to you because you never included those amounts in income. Can i file 2011 tax return online For example, a cash basis architect cannot claim a bad debt deduction if a client fails to pay the bill because the architect's fee was never included in income. Can i file 2011 tax return online Debts from a former business. Can i file 2011 tax return online   If you sell your business but retain its receivables, these debts are business debts because they arose out of your trade or business. Can i file 2011 tax return online If any of these receivables subsequently become worthless, the loss is still a business bad debt. Can i file 2011 tax return online Debt acquired from a decedent. Can i file 2011 tax return online   The character of a loss from debts of a business acquired from a decedent is determined in the same way as debts acquired on the purchase of a business. Can i file 2011 tax return online The executor of the decedent's estate treats any loss from the debts as a business bad debt if the debts were closely related to the decedent's trade or business when they became worthless. Can i file 2011 tax return online Otherwise, a loss from these debts becomes a nonbusiness bad debt for the decedent's estate. Can i file 2011 tax return online Liquidation. Can i file 2011 tax return online   If you liquidate your business and some of the accounts receivable that you retain become worthless, they become business bad debts. Can i file 2011 tax return online Types of Business Bad Debts Business bad debts may result from the following. Can i file 2011 tax return online Loans to clients and suppliers. Can i file 2011 tax return online   If you loan money to a client, supplier, employee, or distributor for a business reason and you are unable to collect the loan after attempting to do so, you have a business bad debt. Can i file 2011 tax return online Debts owed by political parties. Can i file 2011 tax return online   If a political party (or other organization that accepts contributions or spends money to influence elections) owes you money and the debt becomes worthless, you can claim a bad debt deduction only if all of the following requirements are met. Can i file 2011 tax return online You use the accrual method of accounting. Can i file 2011 tax return online The debt arose from the sale of goods or services in the ordinary course of your trade or business. Can i file 2011 tax return online More than 30% of your receivables accrued in the year of the sale were from sales to political parties. Can i file 2011 tax return online You made substantial and continuing efforts to collect on the debt. Can i file 2011 tax return online Loan or capital contribution. Can i file 2011 tax return online   You cannot claim a bad debt deduction for a loan you made to a corporation if, based on the facts and circumstances, the loan is actually a contribution to capital. Can i file 2011 tax return online Debts of an insolvent partner. Can i file 2011 tax return online   If your business partnership breaks up and one of your former partners becomes insolvent, you may have to pay more than your pro rata share of the partnership's debts. Can i file 2011 tax return online If you pay any part of the insolvent partner's share of the debts, you can claim a bad debt deduction for the amount you paid that is attributable to the insolvent partner's share. Can i file 2011 tax return online Business loan guarantee. Can i file 2011 tax return online   If you guarantee a debt that subsequently becomes worthless, the debt can qualify as a business bad debt if all the following requirements are met. Can i file 2011 tax return online You made the guarantee in the course of your trade or business. Can i file 2011 tax return online You have a legal duty to pay the debt. Can i file 2011 tax return online You made the guarantee before the debt became worthless. Can i file 2011 tax return online You meet this requirement if you reasonably expected you would not have to pay the debt without full reimbursement from the borrower. Can i file 2011 tax return online You received reasonable consideration for making the guarantee. Can i file 2011 tax return online You meet this requirement if you made the guarantee in accord with normal business practice or for a good faith business purpose. Can i file 2011 tax return online Example. Can i file 2011 tax return online Jane Zayne owns the Zayne Dress Company. Can i file 2011 tax return online She guaranteed payment of a $20,000 note for Elegant Fashions, a dress outlet. Can i file 2011 tax return online Elegant Fashions is one of Zayne's largest clients. Can i file 2011 tax return online Elegant Fashions later defaulted on the loan. Can i file 2011 tax return online As a result, Ms. Can i file 2011 tax return online Zayne paid the remaining balance of the loan in full to the bank. Can i file 2011 tax return online She can claim a business bad debt deduction only for the amount she paid, since her guarantee was made in the course of her trade or business for a good faith business purpose. Can i file 2011 tax return online She was motivated by the desire to retain one of her better clients and keep a sales outlet. Can i file 2011 tax return online Deductible in the year paid. Can i file 2011 tax return online   If you make a payment on a loan you guaranteed, you can deduct it in the year paid, unless you have rights against the borrower. Can i file 2011 tax return online Rights against a borrower. Can i file 2011 tax return online   When you make payment on a loan you guaranteed, you may have the right to take the place of the lender. Can i file 2011 tax return online The debt is then owed to you. Can i file 2011 tax return online If you have this right, or some other right to demand payment from the borrower, you cannot claim a bad debt deduction until these rights become partly or totally worthless. Can i file 2011 tax return online Joint debtor. Can i file 2011 tax return online   If two or more debtors jointly owe you money, your inability to collect from one does not enable you to deduct a proportionate amount as a bad debt. Can i file 2011 tax return online Sale of mortgaged property. Can i file 2011 tax return online   If mortgaged or pledged property is sold for less than the debt, the unpaid, uncollectible balance of the debt is a bad debt. Can i file 2011 tax return online When a Debt Becomes Worthless A debt becomes worthless when there is no longer any chance the amount owed will be paid. Can i file 2011 tax return online This may occur when the debt is due or prior to that date. Can i file 2011 tax return online To demonstrate worthlessness, you must only show that you have taken reasonable steps to collect the debt but were unable to do so. Can i file 2011 tax return online It is not necessary to go to court if you can show that a judgment from the court would be uncollectible. Can i file 2011 tax return online Bankruptcy of your debtor is generally good evidence of the worthlessness of at least a part of an unsecured and unpreferred debt. Can i file 2011 tax return online Property received for debt. Can i file 2011 tax return online   If you receive property in partial settlement of a debt, reduce the debt by the property's FMV, which becomes the property's basis. Can i file 2011 tax return online You can deduct the remaining debt as a bad debt if and when it becomes worthless. Can i file 2011 tax return online   If you later sell the property for more than its basis, any gain on the sale is due to the appreciation of the property. Can i file 2011 tax return online It is not a recovery of a bad debt. Can i file 2011 tax return online For information on the sale of an asset, see Publication 544. Can i file 2011 tax return online How To Claim a Business Bad Debt There are two methods to claim a business bad debt. Can i file 2011 tax return online The specific charge-off method. Can i file 2011 tax return online The nonaccrual-experience method. Can i file 2011 tax return online Generally, you must use the specific charge-off method. Can i file 2011 tax return online However, you may use the nonaccrual-experience method if you meet the requirements discussed later under Nonaccrual-Experience Method . Can i file 2011 tax return online Specific Charge-Off Method If you use the specific charge-off method, you can deduct specific business bad debts that become either partly or totally worthless during the tax year. Can i file 2011 tax return online However, with respect to partly worthless bad debts, your deduction is limited to the amount you charged off on your books during the year. Can i file 2011 tax return online Partly worthless debts. Can i file 2011 tax return online   You can deduct specific bad debts that become partly uncollectible during the tax year. Can i file 2011 tax return online Your tax deduction is limited to the amount you charge off on your books during the year. Can i file 2011 tax return online You do not have to charge off and deduct your partly worthless debts annually. Can i file 2011 tax return online You can delay the charge off until a later year. Can i file 2011 tax return online However, you cannot deduct any part of a debt after the year it becomes totally worthless. Can i file 2011 tax return online Significantly modified debt. Can i file 2011 tax return online   An exception to the charge-off rule exists for debt which has been significantly modified and on which the holder recognized gain. Can i file 2011 tax return online For more information, see Regulations section 1. Can i file 2011 tax return online 166-3(a)(3). Can i file 2011 tax return online Deduction disallowed. Can i file 2011 tax return online   Generally, you can claim a partial bad debt deduction only in the year you make the charge-off on your books. Can i file 2011 tax return online If, under audit, the IRS does not allow your deduction and the debt becomes partly worthless in a later tax year, you can deduct the amount you charged off in that year plus the disallowed amount charged off in the earlier year. Can i file 2011 tax return online The charge-off in the earlier year, unless reversed on your books, fulfills the charge-off requirement for the later year. Can i file 2011 tax return online Totally worthless debts. Can i file 2011 tax return online   If a debt becomes totally worthless in the current tax year, you can deduct the entire amount, less any amount deducted in an earlier tax year when the debt was only partly worthless. Can i file 2011 tax return online   You do not have to make an actual charge-off on your books to claim a bad debt deduction for a totally worthless debt. Can i file 2011 tax return online However, you may want to do so. Can i file 2011 tax return online If you do not and the IRS later rules the debt is only partly worthless, you will not be allowed a deduction for the debt in that tax year because a deduction of a partly worthless bad debt is limited to the amount actually charged off. Can i file 2011 tax return online See Partly worthless debts, earlier. Can i file 2011 tax return online Filing a claim for refund. Can i file 2011 tax return online   If you did not deduct a bad debt on your original return for the year it became worthless, you can file a claim for a credit or refund. Can i file 2011 tax return online If the bad debt was totally worthless, you must file the claim by the later of the following dates. Can i file 2011 tax return online 7 years from the date your original return was due (not including extensions). Can i file 2011 tax return online 2 years from the date you paid the tax. Can i file 2011 tax return online   If the claim is for a partly worthless bad debt, you must file the claim by the later of the following dates. Can i file 2011 tax return online 3 years from the date you filed your original return. Can i file 2011 tax return online 2 years from the date you paid the tax. Can i file 2011 tax return online You may have longer to file the claim if you were unable to manage your financial affairs due to a physical or mental impairment. Can i file 2011 tax return online Such an impairment requires proof of existence. Can i file 2011 tax return online   For details and more information about filing a claim, see Publication 556. Can i file 2011 tax return online Use one of the following forms to file a claim. Can i file 2011 tax return online For more information, see the instructions for the applicable form. Can i file 2011 tax return online Table 10-1. Can i file 2011 tax return online Forms Used To File a Claim IF you filed as a. Can i file 2011 tax return online . Can i file 2011 tax return online . Can i file 2011 tax return online THEN file. Can i file 2011 tax return online . Can i file 2011 tax return online . Can i file 2011 tax return online Sole proprietor or farmer Form 1040X Corporation Form 1120X S corporation Form 1120S and check box H(4) Partnership Form 1065X if filing on paper or  Form 1065 and check box G(5) if filing electronically Nonaccrual-Experience Method If you use an accrual method of accounting and qualify under the rules explained in this section, you can use the nonaccrual-experience method for bad debts. Can i file 2011 tax return online Under this method, you do not accrue service related income you expect to be uncollectible. Can i file 2011 tax return online Because the expected uncollectible amounts are not included in income, these amounts are not later deducted from income. Can i file 2011 tax return online Generally, you can use the nonaccrual-experience method for accounts receivable for services you performed only if: The services are provided in the fields of accounting, actuarial science, architecture, consulting, engineering, health, law, or the performing arts, or You meet the $5 million gross receipts test for all prior years. Can i file 2011 tax return online Service related income. Can i file 2011 tax return online   You can use the nonaccrual-experience method only for amounts earned by performing services. Can i file 2011 tax return online You cannot use this method for amounts owed to you from activities such as lending money, selling goods, or acquiring receivables or other rights to receive payment. Can i file 2011 tax return online Gross receipts test. Can i file 2011 tax return online   To find out if you meet the $5 million gross receipts test for all prior years, you must figure the average annual gross receipts for each prior year. Can i file 2011 tax return online If your average annual gross receipts for any year exceeds $5 million, you cannot use the non-accural experience method. Can i file 2011 tax return online   The average annual gross receipts for any year is the average of gross receipts from the year in question and the 2 previous years. Can i file 2011 tax return online For example, if you were figuring the average annual gross receipts for 2013, you would average your gross receipts for 2011, 2012, and 2013. Can i file 2011 tax return online Interest or penalty charged. Can i file 2011 tax return online   Generally, you cannot use the nonaccrual-experience method for amounts due on which you charge interest or a late payment penalty. Can i file 2011 tax return online However, do not treat a discount offered for early payment as the charging of interest or a penalty if both the following apply. Can i file 2011 tax return online You otherwise accrue the full amount due as gross income at the time you provide the services. Can i file 2011 tax return online You treat the discount allowed for early payment as an adjustment to gross income in the year of payment. Can i file 2011 tax return online Change in accounting method. Can i file 2011 tax return online   Generally, you must obtain consent to change to a nonaccrual-experience method (other than one of the safe harbor methods) or to change from one method to another. Can i file 2011 tax return online See Form 3115 and the Instructions for Form 3115 for more information. Can i file 2011 tax return online Recovery of a Bad Debt If you claim a deduction for a bad debt on your income tax return and later recover (collect) all or part of it, you may have to include all or part of the recovery in gross income. Can i file 2011 tax return online The amount you include is limited to the amount you actually deducted. Can i file 2011 tax return online However, you can exclude the amount deducted that did not reduce your tax. Can i file 2011 tax return online Report the recovery as “Other income” on the appropriate business form or schedule. Can i file 2011 tax return online See Recoveries in Publication 525 for more information. Can i file 2011 tax return online Net operating loss (NOL) carryover. Can i file 2011 tax return online   If a bad debt deduction increases an NOL carryover that has not expired before the beginning of the tax year in which the recovery takes place, you treat the deduction as having reduced your tax. Can i file 2011 tax return online A bad debt deduction that contributes to a NOL helps lower taxes in the year to which you carry the NOL. Can i file 2011 tax return online For more information about NOLs, see Publication 536. Can i file 2011 tax return online Also, see the Instructions for Form 1045, and the Instructions for Form 1139. 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