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Can someone explain to me if this is correct? There has been some discussion about this in the FAR group and having some clarification would be great.
For exchanges that LACK commercial substance, and the boot is PAID:
The Becker text states, Boot is paid = no gain (<25% rule). HOWEVER, the explanation below it says “If the transaction lacks commercial substance and boot is paid, no gain is recognized.” (But does NOT mention the 25% rule) So how does this 25% rule come into play??
Is this correct? OR is no gain recognized period?
Boot is paid = No gain (if under 25%) –> If over 25% recognized all of the gain
………..To get percentage –> Boot paid / FV given (Consideration) = %Thanks in advance.
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