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Tax 1040nr

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Tax 1040nr

Tax 1040nr 13. Tax 1040nr   Basis of Property Table of Contents Introduction Useful Items - You may want to see: Cost BasisReal Property Adjusted BasisIncreases to Basis Decreases to Basis Basis Other Than CostProperty Received for Services Taxable Exchanges Involuntary Conversions Nontaxable Exchanges Property Transferred From a Spouse Property Received as a Gift Inherited Property Property Changed From Personal to Business or Rental Use Stocks and Bonds Introduction This chapter discusses how to figure your basis in property. Tax 1040nr It is divided into the following sections. Tax 1040nr Cost basis. Tax 1040nr Adjusted basis. Tax 1040nr Basis other than cost. Tax 1040nr Your basis is the amount of your investment in property for tax purposes. Tax 1040nr Use the basis to figure gain or loss on the sale, exchange, or other disposition of property. Tax 1040nr Also use it to figure deductions for depreciation, amortization, depletion, and casualty losses. Tax 1040nr If you use property for both business or investment purposes and for personal purposes, you must allocate the basis based on the use. Tax 1040nr Only the basis allocated to the business or investment use of the property can be depreciated. Tax 1040nr Your original basis in property is adjusted (increased or decreased) by certain events. Tax 1040nr For example, if you make improvements to the property, increase your basis. Tax 1040nr If you take deductions for depreciation or casualty losses, or claim certain credits, reduce your basis. Tax 1040nr Keep accurate records of all items that affect the basis of your property. Tax 1040nr For more information on keeping records, see chapter 1. Tax 1040nr Useful Items - You may want to see: Publication 15-B Employer's Tax Guide to Fringe Benefits 525 Taxable and Nontaxable Income 535 Business Expenses 537 Installment Sales 544 Sales and Other Dispositions of Assets 550 Investment Income and Expenses 551 Basis of Assets 946 How To Depreciate Property Cost Basis The basis of property you buy is usually its cost. Tax 1040nr The cost is the amount you pay in cash, debt obligations, other property, or services. Tax 1040nr Your cost also includes amounts you pay for the following items: Sales tax, Freight, Installation and testing, Excise taxes, Legal and accounting fees (when they must be capitalized), Revenue stamps, Recording fees, and Real estate taxes (if you assume liability for the seller). Tax 1040nr In addition, the basis of real estate and business assets may include other items. Tax 1040nr Loans with low or no interest. Tax 1040nr    If you buy property on a time-payment plan that charges little or no interest, the basis of your property is your stated purchase price minus any amount considered to be unstated interest. Tax 1040nr You generally have unstated interest if your interest rate is less than the applicable federal rate. Tax 1040nr   For more information, see Unstated Interest and Original Issue Discount (OID) in Publication 537. Tax 1040nr Real Property Real property, also called real estate, is land and generally anything built on, growing on, or attached to land. Tax 1040nr If you buy real property, certain fees and other expenses you pay are part of your cost basis in the property. Tax 1040nr Lump sum purchase. Tax 1040nr   If you buy buildings and the land on which they stand for a lump sum, allocate the cost basis among the land and the buildings. Tax 1040nr Allocate the cost basis according to the respective fair market values (FMVs) of the land and buildings at the time of purchase. Tax 1040nr Figure the basis of each asset by multiplying the lump sum by a fraction. Tax 1040nr The numerator is the FMV of that asset and the denominator is the FMV of the whole property at the time of purchase. Tax 1040nr    If you are not certain of the FMVs of the land and buildings, you can allocate the basis according to their assessed values for real estate tax purposes. Tax 1040nr Fair market value (FMV). Tax 1040nr   FMV is the price at which the property would change hands between a willing buyer and a willing seller, neither having to buy or sell, and both having reasonable knowledge of all the necessary facts. Tax 1040nr Sales of similar property on or about the same date may be helpful in figuring the FMV of the property. Tax 1040nr Assumption of mortgage. Tax 1040nr   If you buy property and assume (or buy the property subject to) an existing mortgage on the property, your basis includes the amount you pay for the property plus the amount to be paid on the mortgage. Tax 1040nr Settlement costs. Tax 1040nr   Your basis includes the settlement fees and closing costs you paid for buying the property. Tax 1040nr (A fee for buying property is a cost that must be paid even if you buy the property for cash. Tax 1040nr ) Do not include fees and costs for getting a loan on the property in your basis. Tax 1040nr   The following are some of the settlement fees or closing costs you can include in the basis of your property. Tax 1040nr Abstract fees (abstract of title fees). Tax 1040nr Charges for installing utility services. Tax 1040nr Legal fees (including fees for the title search and preparation of the sales contract and deed). Tax 1040nr Recording fees. Tax 1040nr Survey fees. Tax 1040nr Transfer taxes. Tax 1040nr Owner's title insurance. Tax 1040nr Any amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions. Tax 1040nr   Settlement costs do not include amounts placed in escrow for the future payment of items such as taxes and insurance. Tax 1040nr   The following are some of the settlement fees and closing costs you cannot include in the basis of property. Tax 1040nr Casualty insurance premiums. Tax 1040nr Rent for occupancy of the property before closing. Tax 1040nr Charges for utilities or other services related to occupancy of the property before closing. Tax 1040nr Charges connected with getting a loan, such as points (discount points, loan origination fees), mortgage insurance premiums, loan assumption fees, cost of a credit report, and fees for an appraisal required by a lender. Tax 1040nr Fees for refinancing a mortgage. Tax 1040nr Real estate taxes. Tax 1040nr   If you pay real estate taxes the seller owed on real property you bought, and the seller did not reimburse you, treat those taxes as part of your basis. Tax 1040nr You cannot deduct them as an expense. Tax 1040nr    If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase. Tax 1040nr Do not include that amount in the basis of your property. Tax 1040nr If you did not reimburse the seller, you must reduce your basis by the amount of those taxes. Tax 1040nr Points. Tax 1040nr   If you pay points to get a loan (including a mortgage, second mortgage, line of credit, or a home equity loan), do not add the points to the basis of the related property. Tax 1040nr Generally, you deduct the points over the term of the loan. Tax 1040nr For more information on how to deduct points, see chapter 23. Tax 1040nr Points on home mortgage. Tax 1040nr   Special rules may apply to points you and the seller pay when you get a mortgage to buy your main home. Tax 1040nr If certain requirements are met, you can deduct the points in full for the year in which they are paid. Tax 1040nr Reduce the basis of your home by any seller-paid points. Tax 1040nr Adjusted Basis Before figuring gain or loss on a sale, exchange, or other disposition of property or figuring allowable depreciation, depletion, or amortization, you must usually make certain adjustments (increases and decreases) to the cost basis or basis other than cost (discussed later) of the property. Tax 1040nr The result is the adjusted basis. Tax 1040nr Increases to Basis Increase the basis of any property by all items properly added to a capital account. Tax 1040nr Examples of items that increase basis are shown in Table 13-1. Tax 1040nr These include the items discussed below. Tax 1040nr Improvements. Tax 1040nr   Add to your basis in property the cost of improvements having a useful life of more than 1 year, that increase the value of the property, lengthen its life, or adapt it to a different use. Tax 1040nr For example, improvements include putting a recreation room in your unfinished basement, adding another bathroom or bedroom, putting up a fence, putting in new plumbing or wiring, installing a new roof, or paving your driveway. Tax 1040nr Assessments for local improvements. Tax 1040nr   Add to the basis of property assessments for improvements such as streets and sidewalks if they increase the value of the property assessed. Tax 1040nr Do not deduct them as taxes. Tax 1040nr However, you can deduct as taxes assessments for maintenance or repairs, or for meeting interest charges related to the improvements. Tax 1040nr Example. Tax 1040nr Your city changes the street in front of your store into an enclosed pedestrian mall and assesses you and other affected property owners for the cost of the conversion. Tax 1040nr Add the assessment to your property's basis. Tax 1040nr In this example, the assessment is a depreciable asset. Tax 1040nr Decreases to Basis Decrease the basis of any property by all items that represent a return of capital for the period during which you held the property. Tax 1040nr Examples of items that decrease basis are shown in Table 13-1. Tax 1040nr These include the items discussed below. Tax 1040nr Table 13-1. Tax 1040nr Examples of Adjustments to Basis Increases to Basis Decreases to Basis • Capital improvements: • Exclusion from income of   Putting an addition on your home subsidies for energy conservation   Replacing an entire roof measures   Paving your driveway     Installing central air conditioning • Casualty or theft loss deductions   Rewiring your home and insurance reimbursements       • Assessments for local improvements:     Water connections     Extending utility service lines to the property • Postponed gain from the sale of a home   Sidewalks • Alternative motor vehicle credit  (Form 8910)   Roads       • Alternative fuel vehicle refueling     property credit (Form 8911)           • Residential energy credits (Form 5695)       • Casualty losses: • Depreciation and section 179 deduction   Restoring damaged property     • Nontaxable corporate distributions • Legal fees:     Cost of defending and perfecting a title • Certain canceled debt excluded from   Fees for getting a reduction of an assessment income     • Zoning costs • Easements           • Adoption tax benefits Casualty and theft losses. Tax 1040nr   If you have a casualty or theft loss, decrease the basis in your property by any insurance proceeds or other reimbursement and by any deductible loss not covered by insurance. Tax 1040nr    You must increase your basis in the property by the amount you spend on repairs that restore the property to its pre-casualty condition. Tax 1040nr   For more information on casualty and theft losses, see chapter 25. Tax 1040nr Depreciation and section 179 deduction. Tax 1040nr   Decrease the basis of your qualifying business property by any section 179 deduction you take and the depreciation you deducted, or could have deducted (including any special depreciation allowance), on your tax returns under the method of depreciation you selected. Tax 1040nr   For more information about depreciation and the section 179 deduction, see Publication 946 and the Instructions for Form 4562. Tax 1040nr Example. Tax 1040nr You owned a duplex used as rental property that cost you $40,000, of which $35,000 was allocated to the building and $5,000 to the land. Tax 1040nr You added an improvement to the duplex that cost $10,000. Tax 1040nr In February last year, the duplex was damaged by fire. Tax 1040nr Up to that time, you had been allowed depreciation of $23,000. Tax 1040nr You sold some salvaged material for $1,300 and collected $19,700 from your insurance company. Tax 1040nr You deducted a casualty loss of $1,000 on your income tax return for last year. Tax 1040nr You spent $19,000 of the insurance proceeds for restoration of the duplex, which was completed this year. Tax 1040nr You must use the duplex's adjusted basis after the restoration to determine depreciation for the rest of the property's recovery period. Tax 1040nr Figure the adjusted basis of the duplex as follows: Original cost of duplex $35,000 Addition to duplex 10,000 Total cost of duplex $45,000 Minus: Depreciation 23,000 Adjusted basis before casualty $22,000 Minus: Insurance proceeds $19,700     Deducted casualty loss 1,000     Salvage proceeds 1,300 22,000 Adjusted basis after casualty $-0- Add: Cost of restoring duplex 19,000 Adjusted basis after restoration $19,000 Note. Tax 1040nr Your basis in the land is its original cost of $5,000. Tax 1040nr Easements. Tax 1040nr   The amount you receive for granting an easement is generally considered to be proceeds from the sale of an interest in real property. Tax 1040nr It reduces the basis of the affected part of the property. Tax 1040nr If the amount received is more than the basis of the part of the property affected by the easement, reduce your basis in that part to zero and treat the excess as a recognized gain. Tax 1040nr   If the gain is on a capital asset, see chapter 16 for information about how to report it. Tax 1040nr If the gain is on property used in a trade or business, see Publication 544 for information about how to report it. Tax 1040nr Exclusion of subsidies for energy conservation measures. Tax 1040nr   You can exclude from gross income any subsidy you received from a public utility company for the purchase or installation of an energy conservation measure for a dwelling unit. Tax 1040nr Reduce the basis of the property for which you received the subsidy by the excluded amount. Tax 1040nr For more information about this subsidy, see chapter 12. Tax 1040nr Postponed gain from sale of home. Tax 1040nr    If you postponed gain from the sale of your main home under rules in effect before May 7, 1997, you must reduce the basis of the home you acquired as a replacement by the amount of the postponed gain. Tax 1040nr For more information on the rules for the sale of a home, see chapter 15. Tax 1040nr Basis Other Than Cost There are many times when you cannot use cost as basis. Tax 1040nr In these cases, the fair market value or the adjusted basis of the property can be used. Tax 1040nr Fair market value (FMV) and adjusted basis were discussed earlier. Tax 1040nr Property Received for Services If you receive property for your services, include the FMV of the property in income. Tax 1040nr The amount you include in income becomes your basis. Tax 1040nr If the services were performed for a price agreed on beforehand, it will be accepted as the FMV of the property if there is no evidence to the contrary. Tax 1040nr Restricted property. Tax 1040nr   If you receive property for your services and the property is subject to certain restrictions, your basis in the property is its FMV when it becomes substantially vested. Tax 1040nr However, this rule does not apply if you make an election to include in income the FMV of the property at the time it is transferred to you, less any amount you paid for it. Tax 1040nr Property is substantially vested when it is transferable or when it is not subject to a substantial risk of forfeiture (you do not have a good chance of losing it). Tax 1040nr For more information, see Restricted Property in Publication 525. Tax 1040nr Bargain purchases. Tax 1040nr   A bargain purchase is a purchase of an item for less than its FMV. Tax 1040nr If, as compensation for services, you buy goods or other property at less than FMV, include the difference between the purchase price and the property's FMV in your income. Tax 1040nr Your basis in the property is its FMV (your purchase price plus the amount you include in income). Tax 1040nr   If the difference between your purchase price and the FMV is a qualified employee discount, do not include the difference in income. Tax 1040nr However, your basis in the property is still its FMV. Tax 1040nr See Employee Discounts in Publication 15-B. Tax 1040nr Taxable Exchanges A taxable exchange is one in which the gain is taxable or the loss is deductible. Tax 1040nr A taxable gain or deductible loss also is known as a recognized gain or loss. Tax 1040nr If you receive property in exchange for other property in a taxable exchange, the basis of the property you receive is usually its FMV at the time of the exchange. Tax 1040nr Involuntary Conversions If you receive replacement property as a result of an involuntary conversion, such as a casualty, theft, or condemnation, figure the basis of the replacement property using the basis of the converted property. Tax 1040nr Similar or related property. Tax 1040nr   If you receive replacement property similar or related in service or use to the converted property, the replacement property's basis is the same as the converted property's basis on the date of the conversion, with the following adjustments. Tax 1040nr Decrease the basis by the following. Tax 1040nr Any loss you recognize on the involuntary conversion. Tax 1040nr Any money you receive that you do not spend on similar property. Tax 1040nr Increase the basis by the following. Tax 1040nr Any gain you recognize on the involuntary conversion. Tax 1040nr Any cost of acquiring the replacement property. Tax 1040nr Money or property not similar or related. Tax 1040nr    If you receive money or property not similar or related in service or use to the converted property, and you buy replacement property similar or related in service or use to the converted property, the basis of the replacement property is its cost decreased by the gain not recognized on the conversion. Tax 1040nr Example. Tax 1040nr The state condemned your property. Tax 1040nr The adjusted basis of the property was $26,000 and the state paid you $31,000 for it. Tax 1040nr You realized a gain of $5,000 ($31,000 − $26,000). Tax 1040nr You bought replacement property similar in use to the converted property for $29,000. Tax 1040nr You recognize a gain of $2,000 ($31,000 − $29,000), the unspent part of the payment from the state. Tax 1040nr Your unrecognized gain is $3,000, the difference between the $5,000 realized gain and the $2,000 recognized gain. Tax 1040nr The basis of the replacement property is figured as follows: Cost of replacement property $29,000 Minus: Gain not recognized 3,000 Basis of replacement property $26,000 Allocating the basis. Tax 1040nr   If you buy more than one piece of replacement property, allocate your basis among the properties based on their respective costs. Tax 1040nr Basis for depreciation. Tax 1040nr   Special rules apply in determining and depreciating the basis of MACRS property acquired in an involuntary conversion. Tax 1040nr For information, see What Is the Basis of Your Depreciable Property? in chapter 1 of Publication 946. Tax 1040nr Nontaxable Exchanges A nontaxable exchange is an exchange in which you are not taxed on any gain and you cannot deduct any loss. Tax 1040nr If you receive property in a nontaxable exchange, its basis is generally the same as the basis of the property you transferred. Tax 1040nr See Nontaxable Trades in chapter 14. Tax 1040nr Like-Kind Exchanges The exchange of property for the same kind of property is the most common type of nontaxable exchange. Tax 1040nr To qualify as a like-kind exchange, the property traded and the property received must be both of the following. Tax 1040nr Qualifying property. Tax 1040nr Like-kind property. Tax 1040nr The basis of the property you receive is generally the same as the adjusted basis of the property you gave up. Tax 1040nr If you trade property in a like-kind exchange and also pay money, the basis of the property received is the adjusted basis of the property you gave up increased by the money you paid. Tax 1040nr Qualifying property. Tax 1040nr   In a like-kind exchange, you must hold for investment or for productive use in your trade or business both the property you give up and the property you receive. Tax 1040nr Like-kind property. Tax 1040nr   There must be an exchange of like-kind property. Tax 1040nr Like-kind properties are properties of the same nature or character, even if they differ in grade or quality. Tax 1040nr The exchange of real estate for real estate and personal property for similar personal property are exchanges of like-kind property. Tax 1040nr Example. Tax 1040nr You trade in an old truck used in your business with an adjusted basis of $1,700 for a new one costing $6,800. Tax 1040nr The dealer allows you $2,000 on the old truck, and you pay $4,800. Tax 1040nr This is a like-kind exchange. Tax 1040nr The basis of the new truck is $6,500 (the adjusted basis of the old one, $1,700, plus the amount you paid, $4,800). Tax 1040nr If you sell your old truck to a third party for $2,000 instead of trading it in and then buy a new one from the dealer, you have a taxable gain of $300 on the sale (the $2,000 sale price minus the $1,700 adjusted basis). Tax 1040nr The basis of the new truck is the price you pay the dealer. Tax 1040nr Partially nontaxable exchanges. Tax 1040nr   A partially nontaxable exchange is an exchange in which you receive unlike property or money in addition to like-kind property. Tax 1040nr The basis of the property you receive is the same as the adjusted basis of the property you gave up, with the following adjustments. Tax 1040nr Decrease the basis by the following amounts. Tax 1040nr Any money you receive. Tax 1040nr Any loss you recognize on the exchange. Tax 1040nr Increase the basis by the following amounts. Tax 1040nr Any additional costs you incur. Tax 1040nr Any gain you recognize on the exchange. Tax 1040nr If the other party to the exchange assumes your liabilities, treat the debt assumption as money you received in the exchange. Tax 1040nr Allocation of basis. Tax 1040nr   If you receive like-kind and unlike properties in the exchange, allocate the basis first to the unlike property, other than money, up to its FMV on the date of the exchange. Tax 1040nr The rest is the basis of the like-kind property. Tax 1040nr More information. Tax 1040nr   See Like-Kind Exchanges in chapter 1 of Publication 544 for more information. Tax 1040nr Basis for depreciation. Tax 1040nr   Special rules apply in determining and depreciating the basis of MACRS property acquired in a like-kind exchange. Tax 1040nr For information, see What Is the Basis of Your Depreciable Property? in chapter 1 of Publication 946. Tax 1040nr Property Transferred From a Spouse The basis of property transferred to you or transferred in trust for your benefit by your spouse is the same as your spouse's adjusted basis. Tax 1040nr The same rule applies to a transfer by your former spouse that is incident to divorce. Tax 1040nr However, for property transferred in trust, adjust your basis for any gain recognized by your spouse or former spouse if the liabilities assumed, plus the liabilities to which the property is subject, are more than the adjusted basis of the property transferred. Tax 1040nr If the property transferred to you is a series E, series EE, or series I U. Tax 1040nr S. Tax 1040nr savings bond, the transferor must include in income the interest accrued to the date of transfer. Tax 1040nr Your basis in the bond immediately after the transfer is equal to the transferor's basis increased by the interest income includible in the transferor's income. Tax 1040nr For more information on these bonds, see chapter 7. Tax 1040nr At the time of the transfer, the transferor must give you the records needed to determine the adjusted basis and holding period of the property as of the date of the transfer. Tax 1040nr For more information about the transfer of property from a spouse, see chapter 14. Tax 1040nr Property Received as a Gift To figure the basis of property you receive as a gift, you must know its adjusted basis to the donor just before it was given to you, its FMV at the time it was given to you, and any gift tax paid on it. Tax 1040nr FMV less than donor's adjusted basis. Tax 1040nr   If the FMV of the property at the time of the gift is less than the donor's adjusted basis, your basis depends on whether you have a gain or a loss when you dispose of the property. Tax 1040nr Your basis for figuring gain is the same as the donor's adjusted basis plus or minus any required adjustments to basis while you held the property. Tax 1040nr Your basis for figuring loss is its FMV when you received the gift plus or minus any required adjustments to basis while you held the property. Tax 1040nr See Adjusted Basis , earlier. Tax 1040nr Example. Tax 1040nr You received an acre of land as a gift. Tax 1040nr At the time of the gift, the land had an FMV of $8,000. Tax 1040nr The donor's adjusted basis was $10,000. Tax 1040nr After you received the property, no events occurred to increase or decrease your basis. Tax 1040nr If you later sell the property for $12,000, you will have a $2,000 gain because you must use the donor's adjusted basis at the time of the gift ($10,000) as your basis to figure gain. Tax 1040nr If you sell the property for $7,000, you will have a $1,000 loss because you must use the FMV at the time of the gift ($8,000) as your basis to figure loss. Tax 1040nr If the sales price is between $8,000 and $10,000, you have neither gain nor loss. Tax 1040nr Business property. Tax 1040nr   If you hold the gift as business property, your basis for figuring any depreciation, depletion, or amortization deductions is the same as the donor's adjusted basis plus or minus any required adjustments to basis while you hold the property. Tax 1040nr FMV equal to or greater than donor's adjusted basis. Tax 1040nr   If the FMV of the property is equal to or greater than the donor's adjusted basis, your basis is the donor's adjusted basis at the time you received the gift. Tax 1040nr Increase your basis by all or part of any gift tax paid, depending on the date of the gift, explained later. Tax 1040nr   Also, for figuring gain or loss from a sale or other disposition or for figuring depreciation, depletion, or amortization deductions on business property, you must increase or decrease your basis (the donor's adjusted basis) by any required adjustments to basis while you held the property. Tax 1040nr See Adjusted Basis , earlier. Tax 1040nr   If you received a gift during the tax year, increase your basis in the gift (the donor's adjusted basis) by the part of the gift tax paid on it due to the net increase in value of the gift. Tax 1040nr Figure the increase by multiplying the gift tax paid by a fraction. Tax 1040nr The numerator of the fraction is the net increase in value of the gift and the denominator is the amount of the gift. Tax 1040nr   The net increase in value of the gift is the FMV of the gift minus the donor's adjusted basis. Tax 1040nr The amount of the gift is its value for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. Tax 1040nr Example. Tax 1040nr In 2013, you received a gift of property from your mother that had an FMV of $50,000. Tax 1040nr Her adjusted basis was $20,000. Tax 1040nr The amount of the gift for gift tax purposes was $36,000 ($50,000 minus the $14,000 annual exclusion). Tax 1040nr She paid a gift tax of $7,320 on the property. Tax 1040nr Your basis is $26,076, figured as follows: Fair market value $50,000 Minus: Adjusted basis −20,000 Net increase in value $30,000     Gift tax paid $7,320 Multiplied by ($30,000 ÷ $36,000) × . Tax 1040nr 83 Gift tax due to net increase in value $6,076 Adjusted basis of property to your mother +20,000 Your basis in the property $26,076 Note. Tax 1040nr If you received a gift before 1977, your basis in the gift (the donor's adjusted basis) includes any gift tax paid on it. Tax 1040nr However, your basis cannot exceed the FMV of the gift at the time it was given to you. Tax 1040nr Inherited Property Your basis in property you inherited from a decedent, who died before January 1, 2010, or after December 31, 2010, is generally one of the following: The FMV of the property at the date of the decedent's death. Tax 1040nr The FMV on the alternate valuation date if the personal representative for the estate elects to use alternate valuation. Tax 1040nr The value under the special-use valuation method for real property used in farming or a closely held business if elected for estate tax purposes. Tax 1040nr The decedent's adjusted basis in land to the extent of the value excluded from the decedent's taxable estate as a qualified conservation easement. Tax 1040nr If a federal estate tax return does not have to be filed, your basis in the inherited property is its appraised value at the date of death for state inheritance or transmission taxes. Tax 1040nr For more information, see the instructions to Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return. Tax 1040nr Property inherited from a decedent who died in 2010. Tax 1040nr   If you inherited property from a decedent who died in 2010, special rules may apply. Tax 1040nr For more information, see Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010. Tax 1040nr Community property. Tax 1040nr   In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), husband and wife are each usually considered to own half the community property. Tax 1040nr When either spouse dies, the total value of the community property, even the part belonging to the surviving spouse, generally becomes the basis of the entire property. Tax 1040nr For this rule to apply, at least half the value of the community property interest must be includible in the decedent's gross estate, whether or not the estate must file a return. Tax 1040nr Example. Tax 1040nr You and your spouse owned community property that had a basis of $80,000. Tax 1040nr When your spouse died, half the FMV of the community interest was includible in your spouse's estate. Tax 1040nr The FMV of the community interest was $100,000. Tax 1040nr The basis of your half of the property after the death of your spouse is $50,000 (half of the $100,000 FMV). Tax 1040nr The basis of the other half to your spouse's heirs is also $50,000. Tax 1040nr For more information about community property, see Publication 555, Community Property. Tax 1040nr Property Changed From Personal to Business or Rental Use If you hold property for personal use and then change it to business use or use it to produce rent, you can begin to depreciate the property at the time of the change. Tax 1040nr To do so, you must figure its basis for depreciation at the time of the change. Tax 1040nr An example of changing property held for personal use to business or rental use would be renting out your former personal residence. Tax 1040nr Basis for depreciation. Tax 1040nr   The basis for depreciation is the lesser of the following amounts. Tax 1040nr The FMV of the property on the date of the change. Tax 1040nr Your adjusted basis on the date of the change. Tax 1040nr Example. Tax 1040nr Several years ago, you paid $160,000 to have your house built on a lot that cost $25,000. Tax 1040nr You paid $20,000 for permanent improvements to the house and claimed a $2,000 casualty loss deduction for damage to the house before changing the property to rental use last year. Tax 1040nr Because land is not depreciable, you include only the cost of the house when figuring the basis for depreciation. Tax 1040nr Your adjusted basis in the house when you changed its use was $178,000 ($160,000 + $20,000 − $2,000). Tax 1040nr On the same date, your property had an FMV of $180,000, of which $15,000 was for the land and $165,000 was for the house. Tax 1040nr The basis for figuring depreciation on the house is its FMV on the date of the change ($165,000) because it is less than your adjusted basis ($178,000). Tax 1040nr Sale of property. Tax 1040nr   If you later sell or dispose of property changed to business or rental use, the basis you use will depend on whether you are figuring gain or loss. Tax 1040nr Gain. Tax 1040nr   The basis for figuring a gain is your adjusted basis in the property when you sell the property. Tax 1040nr Example. Tax 1040nr Assume the same facts as in the previous example except that you sell the property at a gain after being allowed depreciation deductions of $37,500. Tax 1040nr Your adjusted basis for figuring gain is $165,500 ($178,000 + $25,000 (land) − $37,500). Tax 1040nr Loss. Tax 1040nr   Figure the basis for a loss starting with the smaller of your adjusted basis or the FMV of the property at the time of the change to business or rental use. Tax 1040nr Then make adjustments (increases and decreases) for the period after the change in the property's use, as discussed earlier under Adjusted Basis . Tax 1040nr Example. Tax 1040nr Assume the same facts as in the previous example, except that you sell the property at a loss after being allowed depreciation deductions of $37,500. Tax 1040nr In this case, you would start with the FMV on the date of the change to rental use ($180,000), because it is less than the adjusted basis of $203,000 ($178,000 + $25,000 (land)) on that date. Tax 1040nr Reduce that amount ($180,000) by the depreciation deductions ($37,500). Tax 1040nr The basis for loss is $142,500 ($180,000 − $37,500). Tax 1040nr Stocks and Bonds The basis of stocks or bonds you buy generally is the purchase price plus any costs of purchase, such as commissions and recording or transfer fees. Tax 1040nr If you get stocks or bonds other than by purchase, your basis is usually determined by the FMV or the previous owner's adjusted basis, as discussed earlier. Tax 1040nr You must adjust the basis of stocks for certain events that occur after purchase. Tax 1040nr For example, if you receive additional stock from nontaxable stock dividends or stock splits, reduce your basis for each share of stock by dividing the adjusted basis of the old stock by the number of shares of old and new stock. Tax 1040nr This rule applies only when the additional stock received is identical to the stock held. Tax 1040nr Also reduce your basis when you receive nontaxable distributions. Tax 1040nr They are a return of capital. Tax 1040nr Example. Tax 1040nr In 2011 you bought 100 shares of XYZ stock for $1,000 or $10 a share. Tax 1040nr In 2012 you bought 100 shares of XYZ stock for $1,600 or $16 a share. Tax 1040nr In 2013 XYZ declared a 2-for-1 stock split. Tax 1040nr You now have 200 shares of stock with a basis of $5 a share and 200 shares with a basis of $8 a share. Tax 1040nr Other basis. Tax 1040nr   There are other ways to figure the basis of stocks or bonds depending on how you acquired them. Tax 1040nr For detailed information, see Stocks and Bonds under Basis of Investment Property in chapter 4 of Publication 550. Tax 1040nr Identifying stocks or bonds sold. Tax 1040nr   If you can adequately identify the shares of stock or the bonds you sold, their basis is the cost or other basis of the particular shares of stocks or bonds. Tax 1040nr If you buy and sell securities at various times in varying quantities and you cannot adequately identify the shares you sell, the basis of the securities you sell is the basis of the securities you acquired first. Tax 1040nr For more information about identifying securities you sell, see Stocks and Bonds under Basis of Investment Property in chapter 4 of Publication 550. Tax 1040nr Mutual fund shares. Tax 1040nr   If you sell mutual fund shares you acquired at various times and prices and left on deposit in an account kept by a custodian or agent, you can elect to use an average basis. Tax 1040nr For more information, see Publication 550. Tax 1040nr Bond premium. Tax 1040nr   If you buy a taxable bond at a premium and elect to amortize the premium, reduce the basis of the bond by the amortized premium you deduct each year. Tax 1040nr See Bond Premium Amortization in chapter 3 of Publication 550 for more information. Tax 1040nr Although you cannot deduct the premium on a tax-exempt bond, you must amortize the premium each year and reduce your basis in the bond by the amortized amount. Tax 1040nr Original issue discount (OID) on debt instruments. Tax 1040nr   You must increase your basis in an OID debt instrument by the OID you include in income for that instrument. Tax 1040nr See Original Issue Discount (OID) in chapter 7 and Publication 1212, Guide To Original Issue Discount (OID) Instruments. Tax 1040nr Tax-exempt obligations. Tax 1040nr    OID on tax-exempt obligations is generally not taxable. Tax 1040nr However, when you dispose of a tax-exempt obligation issued after September 3, 1982, and acquired after March 1, 1984, you must accrue OID on the obligation to determine its adjusted basis. Tax 1040nr The accrued OID is added to the basis of the obligation to determine your gain or loss. Tax 1040nr See chapter 4 of Publication 550. Tax 1040nr Prev  Up  Next   Home   More Online Publications
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