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I Need To File 2010 Taxes

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I Need To File 2010 Taxes

I need to file 2010 taxes Publication 530 - Introductory Material Table of Contents What's New Reminders IntroductionOrdering forms and publications. I need to file 2010 taxes Tax questions. I need to file 2010 taxes Useful Items - You may want to see: What's New Simplified method for business use of home deduction. I need to file 2010 taxes  The IRS now provides a simplified method to determine your expenses for business use of your home. I need to file 2010 taxes For more information, see the Instructions for Schedule C (Form 1040). I need to file 2010 taxes Reminders Future developments. I need to file 2010 taxes  For the latest information about developments related to Publication 530, such as legislation enacted after it was published, go to www. I need to file 2010 taxes irs. I need to file 2010 taxes gov/pub530. I need to file 2010 taxes Residential energy credits. I need to file 2010 taxes  You may be able to take a credit if you made energy saving improvements to your home located in the United States in 2013. I need to file 2010 taxes See Form 5695, Residential Energy Credits, for more information. I need to file 2010 taxes Home Affordable Modification Program (HAMP). I need to file 2010 taxes  If you benefit from Pay-for-Performance Success Payments, the payments are not taxable under HAMP. I need to file 2010 taxes Hardest Hit Fund and Emergency Homeowners' Loan Programs. I need to file 2010 taxes  If you are a homeowner who received assistance under a State Housing Finance Agency Hardest Hit Fund program or an Emergency Homeowners' Loan Program, you may be able to deduct all of the payments you made on your mortgage during the year. I need to file 2010 taxes For details, see Hardest Hit Fund and Emergency Homeowners' Loan Programs under What You Can and Cannot Deduct, later. I need to file 2010 taxes Mortgage debt forgiveness. I need to file 2010 taxes  You can exclude from gross income any discharges of qualified principal residence indebtedness made after 2006 and before 2014. I need to file 2010 taxes You must reduce the basis of your principal residence (but not below zero) by the amount you exclude. I need to file 2010 taxes See Discharges of qualified principal residence indebtedness , later, and Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), for more information. I need to file 2010 taxes Repayment of first-time homebuyer credit. I need to file 2010 taxes  Generally, you must repay any credit you claimed for a home you bought if you disposed of the home or it ceased to be your main home in 2013. I need to file 2010 taxes If you bought the home in 2008 and you owned and used it as your main home for all of 2013, you generally must continue repaying the credit with your 2013 tax return, but you do not have to attach Form 5405, Repayment of the First-Time Homebuyer Credit. I need to file 2010 taxes See Form 5405 and its instructions for details and for exceptions to the repayment rule. I need to file 2010 taxes Photographs of missing children. I need to file 2010 taxes  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. I need to file 2010 taxes Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. I need to file 2010 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. I need to file 2010 taxes Introduction This publication provides tax information for homeowners. I need to file 2010 taxes Your home may be a house, condominium, cooperative apartment, mobile home, houseboat, or house trailer that contains sleeping space and toilet and cooking facilities. I need to file 2010 taxes The following topics are explained. I need to file 2010 taxes How you treat items such as settlement and closing costs, real estate taxes, sales taxes, home mortgage interest, and repairs. I need to file 2010 taxes What you can and cannot deduct on your tax return. I need to file 2010 taxes The tax credit you can claim if you received a mortgage credit certificate when you bought your home. I need to file 2010 taxes Why you should keep track of adjustments to the basis of your home. I need to file 2010 taxes (Your home's basis generally is what it cost; adjustments include the cost of any improvements you might make. I need to file 2010 taxes ) What records you should keep as proof of the basis and adjusted basis. I need to file 2010 taxes Comments and suggestions. I need to file 2010 taxes   We welcome your comments about this publication and your suggestions for future editions. I need to file 2010 taxes   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. I need to file 2010 taxes NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. I need to file 2010 taxes Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. I need to file 2010 taxes   You can send your comments from www. I need to file 2010 taxes irs. I need to file 2010 taxes gov/formspubs/. I need to file 2010 taxes Click on “More Information” and then on “Comment on Tax Forms and Publications”. I need to file 2010 taxes   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. I need to file 2010 taxes Ordering forms and publications. I need to file 2010 taxes   Visit www. I need to file 2010 taxes irs. I need to file 2010 taxes gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. I need to file 2010 taxes Internal Revenue Service 1201 N. I need to file 2010 taxes Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. I need to file 2010 taxes   If you have a tax question, check the information available on IRS. I need to file 2010 taxes gov or call 1-800-829-1040. I need to file 2010 taxes We cannot answer tax questions sent to either of the above addresses. I need to file 2010 taxes Useful Items - You may want to see: Publication 523 Selling Your Home 527 Residential Rental Property 547 Casualties, Disasters, and Thefts 551 Basis of Assets 555 Community Property 587 Business Use of Your Home 936 Home Mortgage Interest Deduction Form (and Instructions) 5405 Repayment of the First-Time Homebuyer Credit 5695 Residential Energy Credits 8396 Mortgage Interest Credit See How To Get Tax Help , near the end of this publication, for information about getting publications and forms. I need to file 2010 taxes Prev  Up  Next   Home   More Online Publications
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The Department of Housing and Urban Development administers programs that provide housing and community development assistance. The Department also works to ensure fair and equal housing opportunity for all.

The I Need To File 2010 Taxes

I need to file 2010 taxes Publication 537 - Main Content Table of Contents What Is an Installment Sale?Special rule. I need to file 2010 taxes 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. I need to file 2010 taxes Several assets. I need to file 2010 taxes Special situations. I need to file 2010 taxes Schedule D (Form 1040). I need to file 2010 taxes Form 4797. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes The installment sales method cannot be used for the following. I need to file 2010 taxes Sale of inventory. I need to file 2010 taxes   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. I need to file 2010 taxes See Sale of a Business under Other Rules, later. I need to file 2010 taxes Dealer sales. I need to file 2010 taxes   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. I need to file 2010 taxes This rule also applies to real property held for sale to customers in the ordinary course of a trade or business. I need to file 2010 taxes However, the rule does not apply to an installment sale of property used or produced in farming. I need to file 2010 taxes Special rule. I need to file 2010 taxes   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. I need to file 2010 taxes For more information, see section 453(l). I need to file 2010 taxes Stock or securities. I need to file 2010 taxes   You cannot use the installment method to report gain from the sale of stock or securities traded on an established securities market. I need to file 2010 taxes You must report the entire gain on the sale in the year in which the trade date falls. I need to file 2010 taxes Installment obligation. I need to file 2010 taxes   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. I need to file 2010 taxes 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. I need to file 2010 taxes See Electing Out of the Installment Method under Other Rules, later, for information on recognizing the entire gain in the year of sale. I need to file 2010 taxes Sale at a loss. I need to file 2010 taxes   If your sale results in a loss, you cannot use the installment method. I need to file 2010 taxes If the loss is on an installment sale of business or investment property, you can deduct it only in the tax year of sale. I need to file 2010 taxes Unstated interest. I need to file 2010 taxes   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. I need to file 2010 taxes See Unstated Interest and Original Issue Discount (OID) under Other Rules, later. I need to file 2010 taxes 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. I need to file 2010 taxes Each payment on an installment sale usually consists of the following three parts. I need to file 2010 taxes Interest income. I need to file 2010 taxes Return of your adjusted basis in the property. I need to file 2010 taxes Gain on the sale. I need to file 2010 taxes 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. I need to file 2010 taxes You do not include in income the part that is the return of your basis in the property. I need to file 2010 taxes Basis is the amount of your investment in the property for installment sale purposes. I need to file 2010 taxes Interest Income You must report interest as ordinary income. I need to file 2010 taxes Interest is generally not included in a down payment. I need to file 2010 taxes 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. I need to file 2010 taxes Interest provided in the agreement is called stated interest. I need to file 2010 taxes If the agreement does not provide for enough stated interest, there may be unstated interest or original issue discount. I need to file 2010 taxes See Unstated Interest and Original Issue Discount (OID) under Other Rules, later. I need to file 2010 taxes 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. I need to file 2010 taxes A tax-free return of your adjusted basis in the property, and Your gain (referred to as installment sale income on Form 6252). I need to file 2010 taxes Figuring adjusted basis for installment sale purposes. I need to file 2010 taxes   You can use Worksheet A to figure your adjusted basis in the property for installment sale purposes. I need to file 2010 taxes 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. I need to file 2010 taxes Worksheet A. I need to file 2010 taxes Figuring Adjusted Basis and Gross Profit Percentage 1. I need to file 2010 taxes Enter the selling price for the property   2. I need to file 2010 taxes Enter your adjusted basis for the property     3. I need to file 2010 taxes Enter your selling expenses     4. I need to file 2010 taxes Enter any depreciation recapture     5. I need to file 2010 taxes Add lines 2, 3, and 4. I need to file 2010 taxes  This is your adjusted basis for installment sale purposes   6. I need to file 2010 taxes Subtract line 5 from line 1. I need to file 2010 taxes If zero or less, enter -0-. I need to file 2010 taxes  This is your gross profit     If the amount entered on line 6 is zero, stop here. I need to file 2010 taxes You cannot use the installment method. I need to file 2010 taxes   7. I need to file 2010 taxes Enter the contract price for the property   8. I need to file 2010 taxes Divide line 6 by line 7. I need to file 2010 taxes This is your gross profit percentage   Selling price. I need to file 2010 taxes   The selling price is the total cost of the property to the buyer and includes any of the following. I need to file 2010 taxes Any money you are to receive. I need to file 2010 taxes 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). I need to file 2010 taxes 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). I need to file 2010 taxes Any of your selling expenses the buyer pays. I need to file 2010 taxes   Do not include stated interest, unstated interest, any amount recomputed or recharacterized as interest, or original issue discount. I need to file 2010 taxes Adjusted basis for installment sale purposes. I need to file 2010 taxes   Your adjusted basis is the total of the following three items. I need to file 2010 taxes Adjusted basis. I need to file 2010 taxes Selling expenses. I need to file 2010 taxes Depreciation recapture. I need to file 2010 taxes Adjusted basis. I need to file 2010 taxes   Basis is your investment in the property for installment sale purposes. I need to file 2010 taxes The way you figure basis depends on how you acquire the property. I need to file 2010 taxes The basis of property you buy is generally its cost. I need to file 2010 taxes The basis of property you inherit, receive as a gift, build yourself, or receive in a tax-free exchange is figured differently. I need to file 2010 taxes   While you own property, various events may change your original basis. I need to file 2010 taxes Some events, such as adding rooms or making permanent improvements, increase basis. I need to file 2010 taxes Others, such as deductible casualty losses or depreciation previously allowed or allowable, decrease basis. I need to file 2010 taxes The result is adjusted basis. I need to file 2010 taxes   For more information on how to figure basis and adjusted basis, see Publication 551. I need to file 2010 taxes 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. I need to file 2010 taxes Selling expenses. I need to file 2010 taxes   Selling expenses relate to the sale of the property. I need to file 2010 taxes They include commissions, attorney fees, and any other expenses paid on the sale. I need to file 2010 taxes Selling expenses are added to the basis of the sold property. I need to file 2010 taxes Depreciation recapture. I need to file 2010 taxes   If the property you sold was depreciable property, you may need to recapture part of the gain on the sale as ordinary income. I need to file 2010 taxes See Depreciation Recapture Income under Other Rules, later. I need to file 2010 taxes Gross profit. I need to file 2010 taxes   Gross profit is the total gain you report on the installment method. I need to file 2010 taxes   To figure your gross profit, subtract your adjusted basis for installment sale purposes from the selling price. I need to file 2010 taxes If the property you sold was your home, subtract from the gross profit any gain you can exclude. I need to file 2010 taxes See Sale of Your Home , later, under Reporting Installment Sale Income. I need to file 2010 taxes Contract price. I need to file 2010 taxes   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. I need to file 2010 taxes Gross profit percentage. I need to file 2010 taxes   A certain percentage of each payment (after subtracting interest) is reported as installment sale income. I need to file 2010 taxes This percentage is called the gross profit percentage and is figured by dividing your gross profit from the sale by the contract price. I need to file 2010 taxes   The gross profit percentage generally remains the same for each payment you receive. I need to file 2010 taxes However, see the Example under Selling Price Reduced, later, for a situation where the gross profit percentage changes. I need to file 2010 taxes Example. I need to file 2010 taxes You sell property at a contract price of $6,000 and your gross profit is $1,500. I need to file 2010 taxes Your gross profit percentage is 25% ($1,500 ÷ $6,000). I need to file 2010 taxes 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. I need to file 2010 taxes The remainder (balance) of each payment is the tax-free return of your adjusted basis. I need to file 2010 taxes Amount to report as installment sale income. I need to file 2010 taxes   Multiply the payments you receive each year (less interest) by the gross profit percentage. I need to file 2010 taxes The result is your installment sale income for the tax year. I need to file 2010 taxes In certain circumstances, you may be treated as having received a payment, even though you received nothing directly. I need to file 2010 taxes A receipt of property or the assumption of a mortgage on the property sold may be treated as a payment. I need to file 2010 taxes For a detailed discussion, see Payments Received or Considered Received under Other Rules, later. I need to file 2010 taxes Selling Price Reduced If the selling price is reduced at a later date, the gross profit on the sale also will change. I need to file 2010 taxes You then must refigure the gross profit percentage for the remaining payments. I need to file 2010 taxes Refigure your gross profit using Worksheet B. I need to file 2010 taxes You will spread any remaining gain over future installments. I need to file 2010 taxes Worksheet B. I need to file 2010 taxes New Gross Profit Percentage — Selling Price Reduced 1. I need to file 2010 taxes Enter the reduced selling  price for the property   2. I need to file 2010 taxes Enter your adjusted  basis for the  property     3. I need to file 2010 taxes Enter your selling  expenses     4. I need to file 2010 taxes Enter any depreciation  recapture     5. I need to file 2010 taxes Add lines 2, 3, and 4. I need to file 2010 taxes   6. I need to file 2010 taxes Subtract line 5 from line 1. I need to file 2010 taxes  This is your adjusted  gross profit   7. I need to file 2010 taxes Enter any installment sale  income reported in  prior year(s)   8. I need to file 2010 taxes Subtract line 7 from line 6   9. I need to file 2010 taxes Future installments   10. I need to file 2010 taxes Divide line 8 by line 9. I need to file 2010 taxes  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. I need to file 2010 taxes Example. I need to file 2010 taxes In 2011, you sold land with a basis of $40,000 for $100,000. I need to file 2010 taxes Your gross profit was $60,000. I need to file 2010 taxes You received a $20,000 down payment and the buyer's note for $80,000. I need to file 2010 taxes The note provides for four annual payments of $20,000 each, plus 8% interest, beginning in 2012. I need to file 2010 taxes Your gross profit percentage is 60%. I need to file 2010 taxes You reported a gain of $12,000 on each payment received in 2011 and 2012. I need to file 2010 taxes 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. I need to file 2010 taxes The new gross profit percentage, 46. I need to file 2010 taxes 67%, is figured on Example—Worksheet B. I need to file 2010 taxes You will report a gain of $7,000 (46. I need to file 2010 taxes 67% of $15,000) on each of the $15,000 installments due in 2013, 2014, and 2015. I need to file 2010 taxes Example — Worksheet B. I need to file 2010 taxes New Gross Profit Percentage — Selling Price Reduced 1. I need to file 2010 taxes Enter the reduced selling  price for the property 85,000 2. I need to file 2010 taxes Enter your adjusted  basis for the  property 40,000   3. I need to file 2010 taxes Enter your selling  expenses -0-   4. I need to file 2010 taxes Enter any depreciation  recapture -0-   5. I need to file 2010 taxes Add lines 2, 3, and 4. I need to file 2010 taxes 40,000 6. I need to file 2010 taxes Subtract line 5 from line 1. I need to file 2010 taxes  This is your adjusted  gross profit 45,000 7. I need to file 2010 taxes Enter any installment sale  income reported in  prior year(s) 24,000 8. I need to file 2010 taxes Subtract line 7 from line 6 21,000 9. I need to file 2010 taxes Future installments 45,000 10. I need to file 2010 taxes Divide line 8 by line 9. I need to file 2010 taxes  This is your new gross profit percentage* 46. I need to file 2010 taxes 67% * Apply this percentage to all future payments to determine how much of each of those payments is installment sale income. I need to file 2010 taxes 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. I need to file 2010 taxes You also will have to report the installment sale income on Schedule D (Form 1040), Capital Gains and Losses, or Form 4797, or both. I need to file 2010 taxes See Schedule D (Form 1040) and Form 4797 , later. I need to file 2010 taxes If the property was your main home, you may be able to exclude part or all of the gain. I need to file 2010 taxes See Sale of Your Home , later. I need to file 2010 taxes 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. I need to file 2010 taxes Attach it to your tax return for each year. I need to file 2010 taxes Form 6252 will help you determine the gross profit, contract price, gross profit percentage, and installment sale income. I need to file 2010 taxes Which parts to complete. I need to file 2010 taxes   Which part to complete depends on whether you are filing the form for the year of sale or a later year. I need to file 2010 taxes Year of sale. I need to file 2010 taxes   Complete lines 1 through 4, Part I, and Part II. I need to file 2010 taxes If you sold property to a related party during the year, also complete Part III. I need to file 2010 taxes Later years. I need to file 2010 taxes   Complete lines 1 through 4 and Part II for any year in which you receive a payment from an installment sale. I need to file 2010 taxes   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. I need to file 2010 taxes (After December 31, 1986, the installment method is not available for the sale of marketable securities. I need to file 2010 taxes ) Complete lines 1 through 4 and Part II for any year in which you receive a payment from the sale. I need to file 2010 taxes Complete Part III unless you received the final payment during the tax year. I need to file 2010 taxes   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. I need to file 2010 taxes 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. I need to file 2010 taxes Complete Part III for the 2 years after the year of sale unless you received the final payment during the tax year. I need to file 2010 taxes 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). I need to file 2010 taxes 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. I need to file 2010 taxes Your gain is long-term if you owned the property for more than 1 year when you sold it. I need to file 2010 taxes 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. I need to file 2010 taxes All or part of any gain from the disposition of the property may be ordinary gain from depreciation recapture. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes ” Sale of Your Home If you sell your home, you may be able to exclude all or part of the gain on the sale. I need to file 2010 taxes See Publication 523 for information about excluding the gain. I need to file 2010 taxes If the sale is an installment sale, any gain you exclude is not included in gross profit when figuring your gross profit percentage. I need to file 2010 taxes Seller-financed mortgage. I need to file 2010 taxes   If you finance the sale of your home to an individual, both you and the buyer may have to follow special reporting procedures. I need to file 2010 taxes   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. I need to file 2010 taxes   When deducting the mortgage interest, the buyer must write your name, address, and SSN on line 11 of Schedule A (Form 1040), Itemized Deductions. I need to file 2010 taxes   If either person fails to include the other person's SSN, a $50 penalty will be assessed. I need to file 2010 taxes Other Rules The rules discussed in this part of the publication apply only in certain circumstances or to certain types of property. I need to file 2010 taxes The following topics are discussed. I need to file 2010 taxes Electing out of the installment method. I need to file 2010 taxes Payments received or considered received. I need to file 2010 taxes Escrow account. I need to file 2010 taxes Depreciation recapture income. I need to file 2010 taxes Sale to a related person. I need to file 2010 taxes Like-kind exchange. I need to file 2010 taxes Contingent payment sale. I need to file 2010 taxes Single sale of several assets. I need to file 2010 taxes Sale of a business. I need to file 2010 taxes Unstated interest and original issue discount. I need to file 2010 taxes Disposition of an installment obligation. I need to file 2010 taxes Repossession. I need to file 2010 taxes Interest on deferred tax. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Notes, mortgages, and land contracts are examples of obligations that are included at FMV. I need to file 2010 taxes You must figure the FMV of the buyer's installment obligation, whether or not you would actually be able to sell it. I need to file 2010 taxes 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). I need to file 2010 taxes Example. I need to file 2010 taxes You sold a parcel of land for $50,000. I need to file 2010 taxes 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. I need to file 2010 taxes The buyer gave you a note for $40,000. I need to file 2010 taxes The note had an FMV of $40,000. I need to file 2010 taxes You paid a commission of 6%, or $3,000, to a broker for negotiating the sale. I need to file 2010 taxes The land cost $25,000, and you owned it for more than one year. I need to file 2010 taxes You decide to elect out of the installment method and report the entire gain in the year of sale. I need to file 2010 taxes Gain realized:     Selling price $50,000 Minus: Property's adj. I need to file 2010 taxes 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. I need to file 2010 taxes basis $25,000     Commission 3,000 28,000 Gain recognized $22,000 The recognized gain of $22,000 is long-term capital gain. I need to file 2010 taxes 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. I need to file 2010 taxes The interest on the note is ordinary income and is reported as interest income each year. I need to file 2010 taxes How to elect out. I need to file 2010 taxes   To make this election, do not report your sale on Form 6252. I need to file 2010 taxes Instead, report it on Form 8949, Sales and Other Dispositions of Capital Assets, Form 4797, or both. I need to file 2010 taxes When to elect out. I need to file 2010 taxes   Make this election by the due date, including extensions, for filing your tax return for the year the sale takes place. I need to file 2010 taxes Automatic six-month extension. I need to file 2010 taxes   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). I need to file 2010 taxes Write “Filed pursuant to section 301. I need to file 2010 taxes 9100-2” at the top of the amended return and file it where the original return was filed. I need to file 2010 taxes Revoking the election. I need to file 2010 taxes   Once made, the election can be revoked only with IRS approval. I need to file 2010 taxes A revocation is retroactive. I need to file 2010 taxes You will not be allowed to revoke the election if either of the following applies. I need to file 2010 taxes One of the purposes is to avoid federal income tax. I need to file 2010 taxes The tax year in which any payment was received has closed. I need to file 2010 taxes 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. I need to file 2010 taxes In certain situations, you are considered to have received a payment, even though the buyer does not pay you directly. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Include these expenses in the selling and contract prices when figuring the gross profit percentage. I need to file 2010 taxes 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. I need to file 2010 taxes Mortgage not more than basis. I need to file 2010 taxes   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. I need to file 2010 taxes It is considered a recovery of your basis. I need to file 2010 taxes The contract price is the selling price minus the mortgage. I need to file 2010 taxes Example. I need to file 2010 taxes You sell property with an adjusted basis of $19,000. I need to file 2010 taxes You have selling expenses of $1,000. I need to file 2010 taxes 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). I need to file 2010 taxes The selling price is $25,000 ($15,000 + $10,000). I need to file 2010 taxes Your gross profit is $5,000 ($25,000 − $20,000 installment sale basis). I need to file 2010 taxes The contract price is $10,000 ($25,000 − $15,000 mortgage). I need to file 2010 taxes Your gross profit percentage is 50% ($5,000 ÷ $10,000). I need to file 2010 taxes You report half of each $2,000 payment received as gain from the sale. I need to file 2010 taxes You also report all interest you receive as ordinary income. I need to file 2010 taxes Mortgage more than basis. I need to file 2010 taxes   If the buyer assumes a mortgage that is more than your installment sale basis in the property, you recover your entire basis. I need to file 2010 taxes The part of the mortgage greater than your basis is treated as a payment received in the year of sale. I need to file 2010 taxes   To figure the contract price, subtract the mortgage from the selling price. I need to file 2010 taxes This is the total amount (other than interest) you will receive directly from the buyer. I need to file 2010 taxes Add to this amount the payment you are considered to have received (the difference between the mortgage and your installment sale basis). I need to file 2010 taxes The contract price is then the same as your gross profit from the sale. I need to file 2010 taxes    If the mortgage the buyer assumes is equal to or more than your installment sale basis, the gross profit percentage always will be 100%. I need to file 2010 taxes Example. I need to file 2010 taxes The selling price for your property is $9,000. I need to file 2010 taxes The buyer will pay you $1,000 annually (plus 8% interest) over the next 3 years and assume an existing mortgage of $6,000. I need to file 2010 taxes Your adjusted basis in the property is $4,400. I need to file 2010 taxes You have selling expenses of $600, for a total installment sale basis of $5,000. I need to file 2010 taxes The part of the mortgage that is more than your installment sale basis is $1,000 ($6,000 − $5,000). I need to file 2010 taxes This amount is included in the contract price and treated as a payment received in the year of sale. I need to file 2010 taxes 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%. I need to file 2010 taxes Report 100% of each payment (less interest) as gain from the sale. I need to file 2010 taxes 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. I need to file 2010 taxes Mortgage Canceled If the buyer of your property is the person who holds the mortgage on it, your debt is canceled, not assumed. I need to file 2010 taxes You are considered to receive a payment equal to the outstanding canceled debt. I need to file 2010 taxes Example. I need to file 2010 taxes Mary Jones loaned you $45,000 in 2009 in exchange for a note and a mortgage in a tract of land you owned. I need to file 2010 taxes On April 4, 2013, she bought the land for $70,000. I need to file 2010 taxes At that time, $30,000 of her loan to you was outstanding. I need to file 2010 taxes 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. I need to file 2010 taxes She did not assume an existing mortgage. I need to file 2010 taxes She canceled the $30,000 debt you owed her. I need to file 2010 taxes You are considered to have received a $30,000 payment at the time of the sale. I need to file 2010 taxes 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. I need to file 2010 taxes If the buyer assumes the debt instead of paying it off, only part of it may have to be treated as a payment. I need to file 2010 taxes Compare the debt to your installment sale basis in the property being sold. I need to file 2010 taxes If the debt is less than your installment sale basis, none of it is treated as a payment. I need to file 2010 taxes If it is more, only the difference is treated as a payment. I need to file 2010 taxes 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. I need to file 2010 taxes These rules are the same as the rules discussed earlier under Buyer Assumes Mortgage . I need to file 2010 taxes However, they apply only to the following types of debt the buyer assumes. I need to file 2010 taxes Those acquired from ownership of the property you are selling, such as a mortgage, lien, overdue interest, or back taxes. I need to file 2010 taxes Those acquired in the ordinary course of your business, such as a balance due for inventory you purchased. I need to file 2010 taxes 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. I need to file 2010 taxes The value of the assumed debt is then considered a payment to you in the year of sale. I need to file 2010 taxes 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. I need to file 2010 taxes However, see Like-Kind Exchange , later. I need to file 2010 taxes Generally, the amount of the payment is the property's FMV on the date you receive it. I need to file 2010 taxes Exception. I need to file 2010 taxes   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. I need to file 2010 taxes See Unstated Interest and Original Issue Discount (OID) , later. I need to file 2010 taxes Debt not payable on demand. I need to file 2010 taxes   Any evidence of debt you receive from the buyer not payable on demand is not considered a payment. I need to file 2010 taxes This is true even if the debt is guaranteed by a third party, including a government agency. I need to file 2010 taxes Fair market value (FMV). I need to file 2010 taxes   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. I need to file 2010 taxes Third-party note. I need to file 2010 taxes   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. I need to file 2010 taxes 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. I need to file 2010 taxes The excess of the note's face value over its FMV is interest. I need to file 2010 taxes Exclude this interest in determining the selling price of the property. I need to file 2010 taxes However, see Exception under Property Used As a Payment, earlier. I need to file 2010 taxes Example. I need to file 2010 taxes You sold real estate in an installment sale. I need to file 2010 taxes As part of the down payment, the buyer assigned to you a $50,000, 8% interest third-party note. I need to file 2010 taxes The FMV of the third-party note at the time of the sale was $30,000. I need to file 2010 taxes This amount, not $50,000, is a payment to you in the year of sale. I need to file 2010 taxes 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. I need to file 2010 taxes The remaining 40% is interest taxed as ordinary income. I need to file 2010 taxes Bond. I need to file 2010 taxes   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. I need to file 2010 taxes For more information on the amount you should treat as a payment, see Exception under Property Used As a Payment, earlier. I need to file 2010 taxes    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. I need to file 2010 taxes However, see Exception under Property Used As a Payment, earlier. I need to file 2010 taxes Buyer's note. I need to file 2010 taxes   The buyer's note (unless payable on demand) is not considered payment on the sale. I need to file 2010 taxes However, its full face value is included when figuring the selling price and the contract price. I need to file 2010 taxes Payments you receive on the note are used to figure your gain in the year received. I need to file 2010 taxes 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. I need to file 2010 taxes This is known as the pledge rule, and it applies if the selling price of the property is over $150,000. I need to file 2010 taxes It does not apply to the following dispositions. I need to file 2010 taxes Sales of property used or produced in farming. I need to file 2010 taxes Sales of personal-use property. I need to file 2010 taxes Qualifying sales of time-shares and residential lots. I need to file 2010 taxes The net debt proceeds are the gross debt minus the direct expenses of getting the debt. I need to file 2010 taxes The amount treated as a payment is considered received on the later of the following dates. I need to file 2010 taxes The date the debt becomes secured. I need to file 2010 taxes The date you receive the debt proceeds. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Limit. I need to file 2010 taxes   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. I need to file 2010 taxes The total contract price on the installment sale. I need to file 2010 taxes Any payments received on the installment obligation before the date the net debt proceeds are treated as a payment. I need to file 2010 taxes Installment payments. I need to file 2010 taxes   The pledge rule accelerates the reporting of the installment obligation payments. I need to file 2010 taxes 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. I need to file 2010 taxes Exception. I need to file 2010 taxes   The pledge rule does not apply to pledges made after December 17, 1987, to refinance a debt under the following circumstances. I need to file 2010 taxes The debt was outstanding on December 17, 1987. I need to file 2010 taxes The debt was secured by that installment sale obligation on that date and at all times thereafter until the refinancing occurred. I need to file 2010 taxes   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. I need to file 2010 taxes   This exception applies only to refinancing that does not exceed the principal of the original debt immediately before the refinancing. I need to file 2010 taxes Any excess is treated as a payment on the installment obligation. I need to file 2010 taxes 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. I need to file 2010 taxes These sales cannot be reported on the installment method. I need to file 2010 taxes The buyer's obligation is paid in full when the balance of the purchase price is deposited into the escrow account. I need to file 2010 taxes When an escrow account is established, you no longer rely on the buyer for the rest of the payments, but on the escrow arrangement. I need to file 2010 taxes Example. I need to file 2010 taxes You sell property for $100,000. I need to file 2010 taxes 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. I need to file 2010 taxes You cannot report the sale on the installment method because the full purchase price is considered received in the year of sale. I need to file 2010 taxes You report the entire gain in the year of sale. I need to file 2010 taxes Escrow established in a later year. I need to file 2010 taxes   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. I need to file 2010 taxes Substantial restriction. I need to file 2010 taxes   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. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Figure your depreciation recapture income (including the section 179 deduction and the section 179A deduction recapture) in Part III of Form 4797. I need to file 2010 taxes Report the recapture income in Part II of Form 4797 as ordinary income in the year of sale. I need to file 2010 taxes The recapture income is also included in Part I of Form 6252. I need to file 2010 taxes However, the gain equal to the recapture income is reported in full in the year of the sale. I need to file 2010 taxes Only the gain greater than the recapture income is reported on the installment method. I need to file 2010 taxes For more information on depreciation recapture, see chapter 3 in Publication 544. I need to file 2010 taxes 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. I need to file 2010 taxes Determining gross profit is discussed under General Rules , earlier. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes These rules are explained under Sale of Depreciable Property and under Sale and Later Disposition , later. I need to file 2010 taxes Sale of Depreciable Property If you sell depreciable property to certain related persons, you generally cannot report the sale using the installment method. I need to file 2010 taxes Instead, all payments to be received are considered received in the year of sale. I need to file 2010 taxes However, see Exception , below. I need to file 2010 taxes Depreciable property for this rule is any property the purchaser can depreciate. I need to file 2010 taxes Payments to be received include the total of all noncontingent payments and the FMV of any payments contingent as to amount. I need to file 2010 taxes In the case of contingent payments for which the FMV cannot be reasonably determined, your basis in the property is recovered proportionately. I need to file 2010 taxes The purchaser cannot increase the basis of the property acquired in the sale before the seller includes a like amount in income. I need to file 2010 taxes Exception. I need to file 2010 taxes   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. I need to file 2010 taxes 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. I need to file 2010 taxes Related person. I need to file 2010 taxes   Related persons include the following. I need to file 2010 taxes A person and all controlled entities with respect to that person. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Two or more partnerships in which the same person owns, directly or indirectly, more than 50% of the capital interests or the profits interests. I need to file 2010 taxes   For information about which entities are controlled entities, see section 1239(c). I need to file 2010 taxes 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. I need to file 2010 taxes The related person makes the second disposition before making all payments on the first disposition. I need to file 2010 taxes The related person disposes of the property within 2 years of the first disposition. I need to file 2010 taxes This rule does not apply if the property involved is marketable securities. I need to file 2010 taxes 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. I need to file 2010 taxes See Exception , later. I need to file 2010 taxes Related person. I need to file 2010 taxes   Related persons include the following. I need to file 2010 taxes Members of a family, including only brothers and sisters (either whole or half), husband and wife, ancestors, and lineal descendants. I need to file 2010 taxes A partnership or estate and a partner or beneficiary. I need to file 2010 taxes A trust (other than a section 401(a) employees trust) and a beneficiary. I need to file 2010 taxes A trust and an owner of the trust. I need to file 2010 taxes Two corporations that are members of the same controlled group as defined in section 267(f). I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes The grantor and fiduciary, and the fiduciary and beneficiary, of any trust. I need to file 2010 taxes Any two S corporations if the same persons own more than 50% in value of the outstanding stock of each corporation. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes An executor and a beneficiary of an estate unless the sale is in satisfaction of a pecuniary bequest. I need to file 2010 taxes Example 1. I need to file 2010 taxes 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. I need to file 2010 taxes His installment sale basis for the farm land was $250,000 and the property was not subject to any outstanding liens or mortgages. I need to file 2010 taxes His gross profit percentage is 50% (gross profit of $250,000 ÷ contract price of $500,000). I need to file 2010 taxes He received $100,000 in 2012 and included $50,000 in income for that year ($100,000 × 0. I need to file 2010 taxes 50). I need to file 2010 taxes Bob made no improvements to the property and sold it to Alfalfa Inc. I need to file 2010 taxes , in 2013 for $600,000 after making the payment for that year. I need to file 2010 taxes The amount realized from the second disposition is $600,000. I need to file 2010 taxes 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 % × . I need to file 2010 taxes 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). I need to file 2010 taxes Example 2. I need to file 2010 taxes Assume the facts are the same as Example 1 except that Bob sells the property for only $400,000. I need to file 2010 taxes 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 % × . I need to file 2010 taxes 50 Installment sale income for 2013 $150,000     Harvey receives a $100,000 payment in 2014 and another in 2015. I need to file 2010 taxes 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. I need to file 2010 taxes In 2016, he receives the final $100,000 payment. I need to file 2010 taxes 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 % × . I need to file 2010 taxes 50 Installment sale income for 2016 $ 50,000 Exception. I need to file 2010 taxes   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. I need to file 2010 taxes 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. I need to file 2010 taxes   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. I need to file 2010 taxes However, the exception does not apply if the resale terms permit significant deferral of recognition of gain from the first sale. I need to file 2010 taxes   In addition, any sale or exchange of stock to the issuing corporation is not treated as a first disposition. I need to file 2010 taxes An involuntary conversion is not treated as a second disposition if the first disposition occurred before the threat of conversion. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes These trades are known as like-kind exchanges. I need to file 2010 taxes The property you receive in a like-kind exchange is treated as if it were a continuation of the property you gave up. I need to file 2010 taxes You do not have to report any part of your gain if you receive only like-kind property. I need to file 2010 taxes 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. I need to file 2010 taxes For more information on like-kind exchanges, see Like-Kind Exchanges in chapter 1 of Publication 544. I need to file 2010 taxes Installment payments. I need to file 2010 taxes   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. I need to file 2010 taxes The contract price is reduced by the FMV of the like-kind property received in the trade. I need to file 2010 taxes The gross profit is reduced by any gain on the trade that can be postponed. I need to file 2010 taxes Like-kind property received in the trade is not considered payment on the installment obligation. I need to file 2010 taxes Example. I need to file 2010 taxes 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. I need to file 2010 taxes He also receives an installment note for $800,000 in the trade. I need to file 2010 taxes 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. I need to file 2010 taxes George's selling price is $1,000,000 ($800,000 installment note + $200,000 FMV of like-kind property received). I need to file 2010 taxes His gross profit is $600,000 ($1,000,000 − $400,000 installment sale basis). I need to file 2010 taxes The contract price is $800,000 ($1,000,000 − $200,000). I need to file 2010 taxes The gross profit percentage is 75% ($600,000 ÷ $800,000). I need to file 2010 taxes He reports no gain in 2013 because the like-kind property he receives is not treated as a payment for figuring gain. I need to file 2010 taxes 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). I need to file 2010 taxes Deferred exchanges. I need to file 2010 taxes   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. I need to file 2010 taxes Under this type of exchange, the person receiving your property may be required to place funds in an escrow account or trust. I need to file 2010 taxes 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. I need to file 2010 taxes See Regulations section 1. I need to file 2010 taxes 1031(k)-1(j)(2) for these rules. I need to file 2010 taxes 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. I need to file 2010 taxes This happens, for example, if you sell your business and the selling price includes a percentage of its profits in future years. I need to file 2010 taxes 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. I need to file 2010 taxes For rules on using the installment method for a contingent payment sale, see Regulations section 15a. I need to file 2010 taxes 453-1(c). I need to file 2010 taxes 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. I need to file 2010 taxes You also have to allocate part of the selling price to each asset. I need to file 2010 taxes If you sell assets that constitute a trade or business, see Sale of a Business , later. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes This becomes the net FMV. I need to file 2010 taxes A sale of separate and unrelated assets of the same type under a single contract is reported as one transaction for the installment method. I need to file 2010 taxes However, if an asset is sold at a loss, its disposition cannot be reported on the installment method. I need to file 2010 taxes It must be reported separately. I need to file 2010 taxes The remaining assets sold at a gain are reported together. I need to file 2010 taxes Example. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Your installment sale basis for each parcel was $15,000. I need to file 2010 taxes Your net gain was $85,000 ($130,000 − $45,000). I need to file 2010 taxes You report the gain on the installment method. I need to file 2010 taxes The sales contract did not allocate the selling price or the cash payment received in the year of sale among the individual parcels. I need to file 2010 taxes The FMV of parcels A, B, and C were $60,000, $60,000, and $10,000, respectively. I need to file 2010 taxes The installment sale basis for parcel C was more than its FMV, so it was sold at a loss and must be treated separately. I need to file 2010 taxes You must allocate the total selling price and the amounts received in the year of sale between parcel C and the remaining parcels. I need to file 2010 taxes Of the total $130,000 selling price, you must allocate $120,000 to parcels A and B together and $10,000 to parcel C. I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes You report this loss of $5,000 ($10,000 selling price − $15,000 installment sale basis) in the year of sale. I need to file 2010 taxes However, if parcel C was held for personal use, the loss is not deductible. I need to file 2010 taxes 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). I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Assets sold at a loss. I need to file 2010 taxes Real and personal property eligible for the installment method. I need to file 2010 taxes Real and personal property ineligible for the installment method, including: Inventory, Dealer property, and Stocks and securities. I need to file 2010 taxes Inventory. I need to file 2010 taxes   The sale of inventories of personal property cannot be reported on the installment method. I need to file 2010 taxes All gain or loss on their sale must be reported in the year of sale, even if you receive payment in later years. I need to file 2010 taxes   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. I need to file 2010 taxes If you do not, each payment must be allocated between the inventory and the other assets sold. I need to file 2010 taxes   Report the amount you receive (or will receive) on the sale of inventory items as ordinary business income. I need to file 2010 taxes Use your basis in the inventory to figure the cost of goods sold. I need to file 2010 taxes Deduct the part of the selling expenses allocated to inventory as an ordinary business expense. I need to file 2010 taxes Residual method. I need to file 2010 taxes   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. I need to file 2010 taxes This method determines gain or loss from the transfer of each asset and the buyer's basis in the assets. I need to file 2010 taxes   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. I need to file 2010 taxes 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). I need to file 2010 taxes   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. I need to file 2010 taxes   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). I need to file 2010 taxes The consideration remaining after this reduction must be allocated among the various business assets in a certain order. I need to file 2010 taxes   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. I need to file 2010 taxes Certificates of deposit, U. I need to file 2010 taxes S. I need to file 2010 taxes Government securities, foreign currency, and actively traded personal property, including stock and securities. I need to file 2010 taxes Accounts receivable, other debt instruments, and assets that you mark to market at least annually for federal income tax purposes. I need to file 2010 taxes However, see Regulations section 1. I need to file 2010 taxes 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. I need to file 2010 taxes Property of a kind that would properly be included in inventory if on hand at the end of the tax year or property held by the taxpayer primarily for sale to customers in the ordinary course of business. I need to file 2010 taxes All other assets except section 197 intangibles. I need to file 2010 taxes Section 197 intangibles except goodwill and going concern value. I need to file 2010 taxes Goodwill and going concern value (whether or not they qualify as section 197 intangibles). I need to file 2010 taxes   If an asset described in (1) through (6) is includible in more than one category, include it in the lower number category. I need to file 2010 taxes For example, if an asset is described in both (4) and (6), include it in (4). I need to file 2010 taxes Agreement. I need to file 2010 taxes   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. I need to file 2010 taxes This agreement is binding on both parties unless the IRS determines the amounts are not appropriate. I need to file 2010 taxes Reporting requirement. I need to file 2010 taxes   Both the buyer and seller involved in the sale of business assets must report to the IRS the allocation of the sales price among section 197 intangibles and the other business assets. I need to file 2010 taxes Use Form 8594, Asset Acquisition Statement Under Section 1060, to provide this information. I need to file 2010 taxes The buyer and seller should each attach Form 8594 to their federal income tax return for the year in which the sale occurred. I need to file 2010 taxes 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. I need to file 2010 taxes The sale of a partnership interest is treated as the sale of a single capital asset. I need to file 2010 taxes The part of any gain or loss from unrealized receivables or inventory items will be treated as ordinary income. I need to file 2010 taxes (The term “unrealized receivables” includes depreciation recapture income, discussed earlier. I need to file 2010 taxes ) The gain allocated to the unrealized receivables and the inventory cannot be reported under the installment method. I need to file 2010 taxes The gain allocated to the other assets can be reported under the installment method. I need to file 2010 taxes For more information on the treatment of unrealized receivables and inventory, see Publication 541. I need to file 2010 taxes Example — Sale of a Business On June 4, 2013, you sold the machine shop you had operated since 2005. I need to file 2010 taxes You received a $100,000 down payment and the buyer's note for $120,000. I need to file 2010 taxes The note payments are $15,000 each, plus 10% interest, due every July 1 and January 1, beginning in 2014. I need to file 2010 taxes The total selling price is $220,000. I need to file 2010 taxes Your selling expenses are $11,000. I need to file 2010 taxes The selling expenses are divided among all the assets sold, including inventory. I need to file 2010 taxes Your selling expense for each asset is 5% of the asset's selling price ($11,000 selling expense ÷ $220,000 total selling price). I need to file 2010 taxes The FMV, adjusted basis, and depreciation claimed on each asset sold are as follows:     Depre- ciation Adj. I need to file 2010 taxes 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). I need to file 2010 taxes The remaining $18,500 ($220,000 - $201,500) is allocated to your section 197 intangible, goodwill. I need to file 2010 taxes 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. I need to file 2010 taxes   Sale  Price Sale   Exp. I need to file 2010 taxes Adj. I need to file 2010 taxes   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. I need to file 2010 taxes A 71,000 3,550 63,800 3,650 Mch. I need to file 2010 taxes 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. I need to file 2010 taxes There is no depreciation recapture income because the building was depreciated using the straight line method. I need to file 2010 taxes 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. I need to file 2010 taxes Figure depreciation recapture in Part III of Form 4797. I need to file 2010 taxes The total depreciation recapture income reported in Part II of Form 4797 is $5,209. I need to file 2010 taxes 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). I need to file 2010 taxes These gains are reported in full in the year of sale and are not included in the installment sale computation. I need to file 2010 taxes Of the $220,000 total selling price, the $10,000 for inventory assets cannot be reported using the installment method. I need to file 2010 taxes 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. I need to file 2010 taxes The selling price equals the contract price for the installment sale ($108,500). I need to file 2010 taxes The assets included in the installment sale, their selling price, and their installment sale bases are shown in the following chart. I need to file 2010 taxes   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). I need to file 2010 taxes The gross profit percentage for each asset is figured as follows: Percentage Land— $24,900 ÷ $108,500 22. I need to file 2010 taxes 95 Building— $9,600 ÷ $108,500 8. I need to file 2010 taxes 85 Goodwill— $17,575 ÷ $108,500 16. I need to file 2010 taxes 20 Total 48. I need to file 2010 taxes 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. I need to file 2010 taxes The selling price for the installment sale is $108,500. I need to file 2010 taxes This is 49. I need to file 2010 taxes 3% of the total selling price of $220,000 ($108,500 ÷ $220,000). I need to file 2010 taxes The selling price of assets not reported on the installment method is $111,500. I need to file 2010 taxes This is 50. I need to file 2010 taxes 7% ($111,500 ÷ $220,000) of the total selling price. I need to file 2010 taxes Multiply principal payments by 49. I need to file 2010 taxes 3% to determine the part of the payment for the installment sale. I need to file 2010 taxes The balance, 50. I need to file 2010 taxes 7%, is for the part reported in the year of the sale. I need to file 2010 taxes The gain on the sale of the inventory, machines, and truck is reported in full in the year of sale. I need to file 2010 taxes When you receive principal payments in later years, no part of the payment for the sale of these assets is included in gross income. I need to file 2010 taxes Only the part for the installment sale (49. I need to file 2010 taxes 3%) is used in the installment sale computation. I need to file 2010 taxes The only payment received in 2013 is the down payment of $100,000. I need to file 2010 taxes The part of the payment for the installment sale is $49,300 ($100,000 × 49. I need to file 2010 taxes 3%). I need to file 2010 taxes This amount is used in the installment sale computation. I need to file 2010 taxes Installment income for 2013. I need to file 2010 taxes   Your installment income for each asset is the gross profit percentage for that asset times $49,300, the installment income received in 2013. I need to file 2010 taxes Income Land—22. I need to file 2010 taxes 95% of $49,300 $11,314 Building—8. I need to file 2010 taxes 85% of $49,300 4,363 Goodwill—16. I need to file 2010 taxes 2% of $49,300 7,987 Total installment income for 2013 $23,664 Installment income after 2013. I need to file 2010 taxes   You figure installment income for years after 2013 by applying the same gross profit percentages to 49. I need to file 2010 taxes 3% of the total payments you receive on the buyer's note during the year. I need to file 2010 taxes 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. I need to file 2010 taxes Interest provided in the contract is called stated interest. I need to file 2010 taxes 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. I need to file 2010 taxes If section 483 applies to the contract, this interest is called unstated interest. I need to file 2010 taxes If section 1274 applies to the contract, this interest is called original issue discount (OID). I need to file 2010 taxes An installment sale contract does not provide for adequate stated interest if the stated interest rate is lower than the test rate (defined later). I need to file 2010 taxes Treatment of unstated interest and OID. I need to file 2010 taxes   Generally, if a buyer gives a debt in consideration for personal use property, the unstated interest rules do not apply. I need to file 2010 taxes As a result, the buyer cannot deduct the unstated interest. I need to file 2010 taxes The seller must report the unstated interest as income. I need to file 2010 taxes   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. I need to file 2010 taxes   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. I need to file 2010 taxes Rules for the seller. I need to file 2010 taxes   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. I need to file 2010 taxes If either section applies, you must reduce the stated selling price of the property and increase your interest income by this unstated interest. I need to file 2010 taxes   Include the unstated interest in income based on your regular method of accounting. I need to file 2010 taxes Include OID in income over the term of the contract. I need to file 2010 taxes   The OID includible in income each year is based on the constant yield method described in section 1272. I need to file 2010 taxes (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. I need to file 2010 taxes )   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. I need to file 2010 taxes Reduce the selling price by any stated principal treated as interest to determine the gain. I need to file 2010 taxes   Report unstated interest or OID on your tax return, in addition to stated interest. I need to file 2010 taxes Rules for the buyer. I need to file 2010 taxes   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. I need to file 2010 taxes These rules do not apply to personal-use property (for example, property not used in a trade or business). I need to file 2010 taxes Adequate stated interest. I need to file 2010 taxes   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. I need to file 2010 taxes The present value of a payment is determined based on the test rate of interest, defined next. I need to file 2010 taxes (If section 483 applies to the contract, payments due within six months after the sale are taken into account at face value. I need to file 2010 taxes ) 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. I need to file 2010 taxes Test rate of interest. I need to file 2010 taxes   The test rate of interest for a contract is the 3-month rate. I need to file 2010 taxes The 3-month rate is the lower of the following applicable federal rates (AFRs). I need to file 2010 taxes 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. I need to file 2010 taxes 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. I need to file 2010 taxes Applicable federal rate (AFR). I need to file 2010 taxes   The AFR depends on the month the binding