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CPA TCP: Tax Compliance and Planning for Property Transactions

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Tax Compliance and Planning for Property Transactions

Domain 3: Tax Compliance and Planning for Property Transactions

Property questions test three things at once: the basis you start from, the character of the gain, and whether a deferral or exclusion provision changes the timing. Almost every question turns on depreciation having reduced basis somewhere earlier in the holding period.

Basis and realization

  • Amount realized = cash + FMV of property received + debt assumed by the buyer. Adjusted basis = cost (or carryover/step-up basis) + capital improvements − depreciation allowed or allowable.
  • Inherited property takes a §1014 basis equal to FMV at death or the alternate valuation date; gifted property carries over the donor's §1015 basis, using FMV for loss purposes when FMV was lower on the gift date.
  • A loss on a sale to a related party (§267) is disallowed; §1091 disallows a loss when substantially identical stock is bought within 30 days before or after the sale.

Character and recapture

  • §1231 gains and losses are netted: a net gain is long-term capital gain, a net loss is ordinary.
  • §1245 recaptures depreciation on personal property as ordinary income to the extent of gain.
  • §1250 gain on real property is taxed at a maximum 25% rate as unrecaptured depreciation; the remainder is long-term capital gain.

The §121 exclusion

  • $250,000 single / $500,000 married filing jointly, available if the taxpayer owned and used the home as a principal residence for two of the five years before sale and has not used the exclusion in the prior two years.
  • A reduced exclusion applies for a change in employment, health, or unforeseen circumstances.
  • Depreciation taken after May 6, 1997 is never excludable and is taxed at the 25% rate; nonqualified use after 2008 also reduces the excludable amount.

Deferral provisions

  • §1031 requires real property held for productive use or investment: 45 days to identify, 180 days to close, boot taxed, basis carried over. Related-party exchanges require both sides to hold for two years.
  • §453 applies automatically except for dealer dispositions, with depreciation recapture recognized in the year of sale.
  • §1033 generally allows two years (three for business property) to replace involuntarily converted property.

Worked example

A single taxpayer bought a rental for $300,000, claimed $80,000 of depreciation, converted it to a residence, and sold it for $700,000 after five years of ownership and use. Adjusted basis is $220,000, so realized gain is $480,000. The $250,000 exclusion leaves $230,000: $80,000 of unrecaptured §1250 gain taxed at up to 25% and $150,000 of long-term gain. The $230,000 is also net investment income for the 3.8% tax.

Traps that cost marks

  • Believing the home-sale exclusion shelters recapture as well as appreciation.
  • Treating mortgage relief in a §1031 exchange as tax-free; debt relief is boot.
  • Overlooking nonqualified use or a vacation-home second residence when applying §121.