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How To File Military Taxes

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How To File Military Taxes

How to file military taxes Publication 542 - Introductory Material Table of Contents Introduction Useful Items - You may want to see: Photographs of missing children. How to file military taxes  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. How to file military taxes Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. How to file military taxes You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. How to file military taxes Introduction This publication discusses the general tax laws that apply to ordinary domestic corporations. How to file military taxes It explains the tax law in plain language so it will be easier to understand. How to file military taxes However, the information given does not cover every situation and is not intended to replace the law or change its meaning. How to file military taxes Note. How to file military taxes This publication is not revised on an annual basis. How to file military taxes To find changes that may affect current year returns, see the instructions for your income tax return for the current year; and Changes to Current Forms and Publications at www. How to file military taxes irs. How to file military taxes gov/formspubs. How to file military taxes Comments and suggestions. How to file military taxes   We welcome your comments about this publication and your suggestions for future editions. How to file military taxes   You can write to us at the following address: Internal Revenue Service Business, Exempt Organizations and International Forms and Publications Branch SE:W:CAR:MP:T:B 1111 Constitution Ave. How to file military taxes NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. How to file military taxes Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. How to file military taxes   You can email us at *taxforms@irs. How to file military taxes gov (The asterisk must be included in the address). How to file military taxes Please put “Publications Comment” on the subject line. How to file military taxes You can also send us comments at www. How to file military taxes irs. How to file military taxes gov/formspubs/. How to file military taxes Select “Comment on Tax Forms and Publications” under “Information about. How to file military taxes ” Although we cannot respond individually to each comment, we do appreciate your feedback and will consider your comments as we revise our tax products. How to file military taxes Tax questions. How to file military taxes   If you have a tax question, visit IRS. How to file military taxes gov or call 1-800-829-1040. How to file military taxes We cannot answer tax questions at either of the addresses listed above. How to file military taxes Ordering forms and publications. How to file military taxes   Visit www. How to file military taxes irs. How to file military taxes gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the National Distribution Center at the address shown under How to Get Tax Help, later in this publication. How to file military taxes Additional forms. How to file military taxes   A list of other forms and statements that a corporation may need to file is included at the end of this publication. How to file military taxes Useful Items - You may want to see: Publication 510 Excise Taxes (Including Fuel Tax Credits and Refunds) 535 Business Expenses 538 Accounting Periods and Methods 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 925 Passive Activity and At-Risk Rules 946 How to Depreciate Property Prev  Up  Next   Home   More Online Publications
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Responsible Parties and Nominees

Responsible Parties

All EIN applications (mail, fax, electronic) must disclose the name and Taxpayer Identification Number (SSN, ITIN, or EIN) of the true principal officer, general partner, grantor, owner or trustor. This individual or entity, which the IRS will call the “responsible party,” controls, manages, or directs the applicant entity and the disposition of its funds and assets. If there is more than one responsible party, the entity may list whichever party the entity wants the IRS to recognize as the responsible party. 

According to the Instructions for the current revision of the application, the “responsible party” is defined as follows:

For entities with shares or interests traded on a public exchange, or which are registered with the Securities and Exchange Commission, “responsible party” is (a) the principal officer, if the business is a corporation, (b) a general partner, if a partnership, (c) the owner of an entity that is disregarded as separate from its owner (disregarded entities owned by a corporation enter the corporation’s name and EIN), or (d) a grantor, owner, or trustor if a trust.

For all other entities, “responsible party” is  the person who has a level of control over, or entitlement to, the funds or assets in the entity that, as a practical matter, enables the individual, directly or indirectly, to control, manage or direct the entity and the disposition of its funds and assets. The ability to fund the entity or the entitlement to the property of the entity alone, however, without any corresponding authority to control, manage, or direct the entity (such as in the case of a minor child beneficiary), does not cause the individual to be a responsible party.

Nominees

A “nominee” is someone who is given limited authority to act on behalf of an entity, usually for a limited period of time, and usually during the formation of the entity.  The “principal officer, general partner,” etc., as defined by the IRS, is the true “responsible party” for the entity, instead of a nominee. The “responsible party” is the individual or entity that controls, manages, or directs the entity and the disposition of the entity’s funds and assets, unlike a nominee, who is given little or no authority over the entity’s assets. 

The Internal Revenue Service has become aware that nominee individuals are being listed as principal officers, general partners, grantors, owners, and trustors in the Employer Identification Number (EIN) application process. A nominee is not one of these people. Rather, nominees are temporarily authorized to act on behalf of entities during the formation process. The use of nominees in the EIN application process prevents the IRS from gathering appropriate information on entity ownership, and has been found to facilitate tax non-compliance by entities and their owners.

The IRS does not authorize the use of nominees to obtain EINs. All EIN applications (mail, fax, electronic) must disclose the name and Taxpayer Identification Number (SSN, ITIN, or EIN) of the true principal officer, general partner, grantor, owner or trustor. This individual or entity, which the IRS will call the “responsible party,” controls, manages, or directs the applicant entity and the disposition of its funds and assets.

To properly submit a Form SS-4, the form and authorization should include the name, Taxpayer Identification Number and signature of the responsible party. Third party designees filing online applications are reminded of their obligation to retain a complete signed copy of the paper Form SS-4 and signed authorization statement for each entity application filed with the IRS. Nominees do not have the authority to authorize third party designees to file Forms SS-4, and should not be listed on the Form SS-4.

If a nominee is used in the state formation process and the true responsible party has not yet been identified, the entity must identify that individual before applying for an EIN.

The IRS will continue to pursue enforcement actions to prevent the misuse of EIN applications.

If you used a nominee for the EIN Application process, visit Correcting Business Information Where a Nominee Was Used to learn how to correct your information.

Page Last Reviewed or Updated: 03-Jan-2014

The How To File Military Taxes

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