Question 1: Property Transactions
Issue:
Mrs Kerry works full time for an engineering consultancy company, and her husband James is a computer technician. Kerry has sold two properties over the past 24 months. She can’t believe that New Zealand does not tax capital gains. She has come to see me for advice on whether tax would be imposed on the sale of the two properties.
Law:
Section CB 3:
Amounts received from the sale of personal property derived from the carrying on or carrying out of any undertaking or scheme entered into or devised for the purpose of making a profit are taxable.
Section CB 4:
Where any personal property is acquired by a taxpayer for the purpose of resale, even if it is an isolated transaction unconnected with the normal trade or business, any resulting profit will be taxable.
CB 6 Disposal: land acquired for purpose or with intention of disposal
(1) An amount that a person derives from disposing of land is income of the person if they acquired the land.
(a) For 1 or more purposes that included the purpose of disposing of it
(b) With 1 or more intentions that included the intention of disposing of it.
Taxpayers are taxable on any amount derived from the sale of land if the transaction falls within s CB6.
Land acquired for the purpose or with the intention of resale (s CB 6).
Exclusions:
A Taxpayer’s own private residence (s CB 16).
The burden of proof is on the taxpayer to demonstrate that the purpose or intention was not to purchase the land for
Generally, a realized gain from sale of personal residence can be excluded from gross income under Exclusion 121. The amount realized is the selling price of the property less any disposition costs. The adjusted basis is then determined and the amount is subtracted from the realized sum. This will give you the amount of loss or gain from the sale of the property. Since the couple occupied the sold home for at least 2 of the last 5 years they fulfill the requirements for exclusion 121 treatment. The exclusion amount for the couple if filing jointly is $500.000 and the calculation would be as follows:
* The owner is responsible for filing taxes and is allowed to file taxes as part of their personal income taxes.
In 2013 Marianne sold land, building and equipment with a combined basis of $150,000 to an unrelated third party and in return received an installment note of $80,000 per year for five years. Of the $250,000 gain on sale, $150,000 was classified as Section 1245 gain and the remaining $100,000 was Section 1231 gain. In 2013, Marianne had a capital loss carryover of $60,000, $50,000 of which she used to offset her Section 1231 gain; she recognized no Section 1245 gain. The following year she recognized $40,000 of 1245 gain and $10,000 of Section 1231 gain which she promptly offset with the last $10,000 of the capital loss carryover. In 2015, she recognized $50,000 Section 1245 gain and no Section 1231 gain.
In summary, John and Jane would not be able to use 1031 tax exchange to purchase the new more expensive home. Due to the gain of buying an expensive house, it would not be considered “like-kind”. The additional money that is paid to acquire this
As seen in Chapter 15 of Real Estate Principles by Charles J. Jacobus, property tax is a large source of income for local governments. When property taxes are not paid, a lien is placed on the property. If property taxes are not paid, this gives the government the right to seize the property. This is currently happening to Bill Davies, a developer from Chicago, Illinois.
Income Taxes- Taxed like regular income tax; owner claims it at year end and pays income tax on all earnings.
Under the Reg. §1.47-3(f) (5) (ii), the transferor of the section 38 property in any taxable year dose not retain a substantial interest in the trade or business directly or indirectly. According to this code, the transferor does not need to make the payment for tax of the interest during the property transaction only if the property can be qualified to “section 38 property” which indicate property (1) with respect to which depreciation is allowable to the taxpayer (2) has an estimated useful life of 3 years or more (3) which is tangible personal property or other tangible property. In this case, the machinery purchased by the individual two years ago can be applied for the “section 38 property” which also means the transferor does not need to pay for the interest happened during the transaction. And because of the gift of stock made by the individual caused a reduction in his interest. Which occurred at a time when the useful lives were just taken into account in computing the credit about the “section 38 property”. Unless his remain interest is a substantial interest, the section 47(b) would no longer be applicable and total
• Commissioner of State Revenue assessed the sale agreement to stamp duty of approximately 9 million on the basis that the majority of chattels sold were fixtures and fixtures are part of the land under the general law.
“The reasonably probable legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value”.
the land they claim, it simply gives them the right to a say in the
First of all, Property Taxes, Revenues and Interests are worth-based taxes paid on various types of property (e.g. residential and commercial real estate, motor vehicles, farm machinery, etc.). The body charged with tax collection is responsible for taxing authority appraises the
Although seemingly mundane, even dorm room selection processes can be a source of social capital . Disparities in dorm room selection separate middle class students from working class students, who are often first-generation. Furthermore, middle class students gravitate towards housing options that support university involvement and social opportunities while working class students share spaces with other disadvantaged students who lack information pertaining to school involvement . This begs the question, how do first-generation college students activate social capital if manifested exclusionary practices pervade higher
had sold only the right to use the land, not the land itself. They did
As a young man heading towards an exciting and successful career as an automotive service technician, I could be a great asset to your vehicle service team. Perusing a career within my personal interests will ensure enthusiastic passion to every aspect of a day’s work. I intend on entering the Registered Apprenticeship Program (RAP) for my final year of high school to pursue my goal of a career in automotive service.
Truthfully, I never gave much thought to what effect science had or has on art. Even with my background being principally in the Architecture and Design, it was always just numbers to me. Art to me is something that is subjective at best, I love the craftsman style that doesn’t mean everybody does. Below is my interpretation of this week’s readings.