REG Study Group October November 2013 - Page 206

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  • #482346
    Anonymous
    Inactive

    Hey i had a general question and was wondering if anybody could help me out with it. I know for the homeowners exclusion you are able to exclude $250,000 if filing single or $500,000 if married filing joint. But does anything happen to the gain if you were to rent part of the house like the basement and it was depreciated? Thanks!

    #482345
    Anonymous
    Inactive

    @dsteele139. I take it the couple met the requirements of renting out the section of the house for more than 14 days? If yes, you will treat that section of the house as sale of business property provided they materially participated “mum and pop” rule. Then the portion of the house not business property they would receive a deduction. The question must give you the facts of CPA land example bases for that section of the house, depr taken so you can calculate 1231 recapture. Second part base for the house and 1250.

    I am reading the IRS instructions and examples hopefully I can have a straight forwards answer.

    #482348
    Anonymous
    Inactive

    @dsteele139. I take it the couple met the requirements of renting out the section of the house for more than 14 days? If yes, you will treat that section of the house as sale of business property provided they materially participated “mum and pop” rule. Then the portion of the house not business property they would receive a deduction. The question must give you the facts of CPA land example bases for that section of the house, depr taken so you can calculate 1231 recapture. Second part base for the house and 1250.

    I am reading the IRS instructions and examples hopefully I can have a straight forwards answer.

    #482347
    Anonymous
    Inactive

    Example 3. In 2008, Lew bought property that consis-ted of a house, a stable, and 35 acres. He used the house and 7 acres as his main home and used the stable and 28 acres in his business for the next 4 years. He sold the en-tire property in 2012 at a $10,000 gain. Lew met the own-ership and use tests for the house but did not meet the use test for the stable. Since the business part was sepa-rate from his home, Lew must allocate the basis of the property and the amount realized between the part of the property he used for his home and the part he used for his business. Lew reports the gain on the business part of his property on Form 4797. He can exclude the gain on the part of the property that was his main home.

    #482350
    Anonymous
    Inactive

    Example 3. In 2008, Lew bought property that consis-ted of a house, a stable, and 35 acres. He used the house and 7 acres as his main home and used the stable and 28 acres in his business for the next 4 years. He sold the en-tire property in 2012 at a $10,000 gain. Lew met the own-ership and use tests for the house but did not meet the use test for the stable. Since the business part was sepa-rate from his home, Lew must allocate the basis of the property and the amount realized between the part of the property he used for his home and the part he used for his business. Lew reports the gain on the business part of his property on Form 4797. He can exclude the gain on the part of the property that was his main home.

    #482349
    Anonymous
    Inactive

    @dsteele139 Example 5. In January 2008, you bought and moved into a 4-story townhouse. In December 2010, you conver-ted the basement level, which has a separate entrance, into a separate apartment by installing a kitchen and bath-room and removing the interior stairway that led from the basement to the upper floors. After you completed the conversion, your townhouse had a rental unit that was separate from the part of your house used as your home. You lived in the first, second, and third levels of the town-house and rented the basement level to tenants until De-cember 2012. You claimed the allowable depreciation of $2,000 for the basement apartment. You sold the entire townhouse in December 2012 for a $16,000 gain.

    Your records show the following.

    Purchase price…………………….. $ 96,000

    Improvements (kitchen and bath in rental)……. 4,000

    Depreciation (on rental) ………………. 2,000

    Selling price ……………………… 124,000

    Selling expenses …………………… 10,000

    Because you met the ownership and use tests for both the rental apartment and your residence, you can claim an exclusion for both parts. However, because they are sep-arate units, you must allocate your basis, selling price, and selling expenses between them. You start by finding the adjusted basis of each part. You determine that three-fourths (75%) of your purchase price was for the part used as your home and one-fourth (25%) was for the rental part.

    This can go on forever, because there a rule for if you occupied that space for two years prior to sale or on the year of sale you can exclude the gain. Morale of the story you will need to complete the appropriate schedules to show the different results and for best tax position.

    Hope this helps!!!

    #482352
    Anonymous
    Inactive

    @dsteele139 Example 5. In January 2008, you bought and moved into a 4-story townhouse. In December 2010, you conver-ted the basement level, which has a separate entrance, into a separate apartment by installing a kitchen and bath-room and removing the interior stairway that led from the basement to the upper floors. After you completed the conversion, your townhouse had a rental unit that was separate from the part of your house used as your home. You lived in the first, second, and third levels of the town-house and rented the basement level to tenants until De-cember 2012. You claimed the allowable depreciation of $2,000 for the basement apartment. You sold the entire townhouse in December 2012 for a $16,000 gain.

    Your records show the following.

    Purchase price…………………….. $ 96,000

    Improvements (kitchen and bath in rental)……. 4,000

    Depreciation (on rental) ………………. 2,000

    Selling price ……………………… 124,000

    Selling expenses …………………… 10,000

    Because you met the ownership and use tests for both the rental apartment and your residence, you can claim an exclusion for both parts. However, because they are sep-arate units, you must allocate your basis, selling price, and selling expenses between them. You start by finding the adjusted basis of each part. You determine that three-fourths (75%) of your purchase price was for the part used as your home and one-fourth (25%) was for the rental part.

    This can go on forever, because there a rule for if you occupied that space for two years prior to sale or on the year of sale you can exclude the gain. Morale of the story you will need to complete the appropriate schedules to show the different results and for best tax position.

    Hope this helps!!!

    #482351
    Anonymous
    Inactive

    Oh that is schedule D & 8949 and form 4787…..good question though.

    #482354
    Anonymous
    Inactive

    Oh that is schedule D & 8949 and form 4787…..good question though.

    #482353
    Anonymous
    Inactive

    @Eliabraham For your second example would it just be a matter of allocating the applicable 75% to figure out the amount that would be considered to be excluded under the homeowners exclusion and then the remaining 25% would be the separate rental activity? Thanks for the help and where did you find those examples Becker?

    #482356
    Anonymous
    Inactive

    @Eliabraham For your second example would it just be a matter of allocating the applicable 75% to figure out the amount that would be considered to be excluded under the homeowners exclusion and then the remaining 25% would be the separate rental activity? Thanks for the help and where did you find those examples Becker?

    #482355
    Anonymous
    Inactive

    IRS.gov publications and some Thomson Reuters publ. In IRS.gov just look for the CPA testable material. IRS has tendency to bury taxpayers in paperwork and confusion. You don't need 80% of the stuff on the website. Just google Publication 523.

    #482358
    Anonymous
    Inactive

    IRS.gov publications and some Thomson Reuters publ. In IRS.gov just look for the CPA testable material. IRS has tendency to bury taxpayers in paperwork and confusion. You don't need 80% of the stuff on the website. Just google Publication 523.

    #482357
    NYCaccountant
    Participant

    Ummm what is the purpose of the Alimony Recapture rule?

    FAR - 93
    REG - 87
    BEC - 84!!!!
    AUD - 99!!!!!! CPA exam complete.

    #482360
    NYCaccountant
    Participant

    Ummm what is the purpose of the Alimony Recapture rule?

    FAR - 93
    REG - 87
    BEC - 84!!!!
    AUD - 99!!!!!! CPA exam complete.

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