Posts tagged as:

capital-gains

Taxpayer asks:

Hi Tax Girl!
I got rid of the husband and now I would love to get rid of the engagement ring. I have thought about donating it to a non-profit animal rescue group for them to auction at one of their charity events. What kind of deduction will I be able to claim and is there any kind of red tape I will have to go through to be able to do this?
Thanks!

Taxgirl says:

Well, good for you!

A couple of things…

The first is that you should check with the non-profit first to make sure that they can use your ring in their auction. Generally, to claim the full charitable deduction, the charitable organization must be able to use (or quickly liquidate) the item. So, you can’t, for example, deduct stock in a closely held corp that’s impossible to redeem or a year’s supplies of steaks to PETA. So, step one: make sure that the charity can use it and will acknowledge the donation.

Step two: get an appraisal. Check out my prior post which references appraisals and fees. Keep in mind that the appraisal should describe the style of the jewelry, the cut and setting of the gem, and whether it’s considerable fashionable. If it’s not in fashion, the appraisal should reference any change in value if the ring is recut or reset.

If the ring is valued at over $5,000, special rules apply (check out Section B of form 8283 which will download as a pdf, if that’s the case).

That said, unlike the wedding dress mentioned in my prior post, jewelry is not considered a “household item.” It’s actually considered a capital gain item and the rules can be a little complicated here since the item is to be sold by the charity. Depending on the length of time you’ve held the ring and its value, there may be some restrictions which apply. For example, which respect to property held for less than one year, the IRS only allows you to claim the purchase price. So, be careful.

The bottom line is that this one can be a little bit tricky depending upon the value of the ring, the appreciation (if any) from the purchase price and the length of time you’ve held the ring. I absolutely recommend checking with a tax pro for the specifics (remember that the cost of the tax pro’s services is also deductible).

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!Now on Facebook at http://www.facebook.com/taxgirl

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Martha Stewart Returns to Work At Omnimedia

If you’ve ever seen the cleverly produced “Whatever, Martha” – a show featuring Martha Stewart’s daughter, Alexis, and her friend, Jennifer Koppelman Hutt – reviewing old episodes of the Martha Stewart show, you know that Alexis does not want to become her mother. Unfortunately for Alexis, she, like her mother has had trouble with the feds. Fortunately for Alexis, her run ins with the IRS have been limited to audits and not criminal complaints.

Unlike her mother, however, Alexis is fighting back. After shelling out $737,047 in taxes, $143,683 in interest and $294,818 in penalties due to a 2006 audit, Alexis is taking aim at her accountant. She’s accusing Michael Mirras of negligence and malpractice, claiming that she would not have been investigated had he properly advised her. At issue is the amount of her capital gains tax on the 2002 sale of Martha Stewart Omnimedia stock (the same year her mother was under investigation for insider trading involving ImClone. In her lawsuit against Mr. Mirras, Alexis claims:

Mirras knew, or in the exercise of due care, should have known the accurate basis so that Ms. Stewart’s gain would not have been significantly understated.

The suit goes on to state that Alexis would never have submitted the return if she knew that the basis calculations were so off base.

It’s an interesting argument and clearly, I don’t know all of the facts here. I will say, as someone who has prepared a few returns in my lifetime (*ahem*) that, as a tax preparer, you are limited to the information that has been made available by the taxpayer. Mirras was not, according to the press, Alexis’ long time accountant and was hired at that time to specifically to handle the sale of the stock. It’s possible that he didn’t have access to information that Alexis did. Not saying that happened, just saying it’s possible.

This is, by the way, one of the reasons that I recommend having a go-to tax professional, if possible. If you see someone regularly, then he or she is aware of your finances on a continuing basis and not just for one hour (or two) in one particular year. It’s easier to connect the dots that way.

All of that said, this is a pretty gutsy lawsuit and I’ll be interested to see what comes of it. I also wonder if Alexis’ friend, Jennifer, will chime in on this one – I understand that she’s currently licensed to practice law in the state of New York. A little color commentary perhaps?

(Hat Tip: Tax Prof Blog)

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As a result of the recent volatility on the stock market, I’ve received a bunch of questions about claiming losses on individual tax returns. What’s been made clear is that there are a lot of misperceptions floating about… I thought I’d try and set some things straight. To keep it simple, I’m going to focus on capital gains and losses as they apply to stocks – we can talk homes, art and other assets later.

First, some quick vocabulary:

Basis. Your basis is generally equal to the original cost of the shares. If you participate in a DRIP or other reinvestment plan, your basis is your cost plus the cost of each subsequent purchase/reinvestment. If you inherit shares, your basis is generally the value of the stock on the date of death. If you receive shares as a gift, your basis is the basis of the donor (sometimes called “carry over basis”).

Taxable event. A taxable event is a sale of stock, death of an owner or other event that is said to trigger a tax consequence.

Realized gain/loss. This is the important bit. A gain or loss has to be realized in order to mean anything and this is where some taxpayers get confused. Just because the market goes up or down – as it is want to do – doesn’t mean anything. Even if your stocks tumbled hundreds or thousands of dollars in this latest roller coaster ride, it means nothing unless one of those taxable events, mentioned above, happened. Did you sell the stock? Did someone die holding those stocks? If not, then relax, because for tax purposes, nothing has happened. Simply holding onto the stock during a volatile market does not equal a taxable event, and thus there’s no capital gain or loss.

A quick example:

You buy a stock for $10. It climbs to $20. You continue to hold the stock. Result? No capital gain.

The stock takes a hit and falls to $15. No capital loss.

The stock takes a hit and falls to $7. You continue to hold the stock. No capital loss.

The stock tumbles to $4. You finally get rid of it. You have a capital loss…. But how much?

Capital loss is your net selling price less your basis (the formula for calculating capital gain is the same).

Your capital loss is thus $4 – $10, or a loss of $6. You take the loss at the basis, not the high price; the $20 high value is meaningless for purposes of capital gain or loss. That seems to be the sticking point for many taxpayers. You want it to mean something. But it doesn’t.

Schedule D. You’ll report your gains and losses here, and then transfer the results to the reconciliation page on your federal form 1040.

Short term gains or losses. If you hold the shares for one year or less and then sell or otherwise dispose of the stock, your capital gain or loss is considered short-term.

Long term gains or losses. If you hold the shares for more than one year before you get rid of them, your capital gain or loss is called long-term. The highest tax rate on a net long term capital gain of regularly traded stock is 15%.

Net gain or loss. More or less, you add up your gains and subtract your losses to determine your net gain or loss. That figure helps you calculate the applicable tax.

If your gains exceed your losses, you have a capital gain which is taxable (the rate will be dependent on whether it’s long term or short term).

If your capital losses exceed your capital gains, you have a capital loss. You can claim up to $3,000 (or $1,500 if you are married filing separately) of capital losses in any tax year. The loss offsets your taxable income, meaning your other sources of income like wages, for the current tax year.

Loss Carry-forward. If your losses exceed the allowable limits for any tax year, you can carry the loss forward to later years.

So that’s a quick primer on capital gains and losses for shares of stocks. There are a bunch of “what ifs”, exceptions for small businesses and other special circumstances, and extra questions related to calls, puts and straddles. Since the point of this post is to just hit the basics, I’m skipping over those special situations for now. I may come back to them if there’s some interest, just let me know.

And remember, don’t guess when it comes to this stuff. The consequences can be significant. If you have a question, ask your tax professional – not your broker, not your banker, not your financial advisor (trust me on this).

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Taxpayer asks:

I would like to ask some tax related questions related to selling a house outside of the USA.

We sold a house in Hungary, with all taxes paid there.There is documentation to prove this. Would there be a tax liability in the USA if the money from this sale would be brought into the US ? This money does not contain any wages, it is only the sales of the property.

We are also purchasing a home here in the US. The money would be spent for the downpayment for this home.

If there are taxes to be paid, could you please advise of how, and where this needs to be addressed?

Thank you for your time and help.

Taxgirl says:

If you did not have a presence in the US prior to selling your home, there should be no tax issues with respect to your transferring cash to be used in the US. Be aware that the Treasury is made aware of deposits over $10,000 – but that is largely to monitor potential money laundering.

In other words, after-tax funds derived from non-US assets owned by non-US taxpayers (this is not the same as citizens) are not taxable upon entry to the US.

There is no federal income tax due for the purchase of a home in the US (there may be tax due upon the sale). There may be state or local taxes due – such as real estate taxes due at settlement – but there are no federal income taxes due for a “normal” purchase.

I hope that helps!

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

This post is part of the b5media Business Channel Great Blog Off! Find out more about the Blog Off here.

The Business Channel is supporting Accion International for the Great Blog Off. You can make a donation directly to Accion. Donations are, of course, tax deductible.

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Ask the taxgirl: One time gains

9 June 2008

Taxpayer asks:
This is my situation. In 2007, I sold a bunch of stock my grandpa gave me, and had a gain of roughly $8,000. I had my regular income at around $50,000, and $6,583 was withheld. I did not make any estimated tax payments throughout the year. I owed $1,271 in [...]

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Fix the Tax Code Friday: Foreclosures

12 October 2007

So following up on yesterday’s post about the proposed tax relief for debt cancellation related to foreclosures, I wonder, “Is it fair?”
Today’s Fix the Tax Code Friday question is:
Should Congress offer tax relief to those who are affected by the housing market (those in foreclosure)? Should Congress offset the lost revenue by limiting capital [...]

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Suddenly, being financially irresponsible pays off!

11 October 2007

The House Ways and Means Committee has voted to permanently remove the income tax consequences for homeowners whose debt is partially forgiven by a lender after a foreclosure. The bill is likely to pass the House and Senate, and President Bush has already spoken publicly about his approval of the measure.
Great. Now homeowners [...]

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Stranger things have happened.

26 July 2007

But not many… in the Ways and Means Committee.
The Business Journal of Phoenix (how’s that for a source?) is reporting that U.S. Rep. Harry Mitchell, a Democrat of Arizona, is introducing a bill to keep federal capital-gains taxes permanently at 15 percent and to make recent cuts to federal estate taxes permanent. The Democratic Representative [...]

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Fix The Tax Code Friday: Home Sales

20 July 2007

I listed my house for sale this week (yes, you can expect lots of home-related posts in the next few weeks). While we expect to benefit from a boost in the market since the time we bought our house, we aren’t going to make the kinds of crazy profits that you’ve been hearing about [...]

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Ask the Taxgirl: Home Sales

22 March 2007

Taxpayer asks:I sold a primary residence last yr and bought a new one.  I did not gross over $250,000 on the sale of the house. What figures should I pay attention to for reporting purposes from the closing sheets? I presume that any taxes paid out prior to the sale of the house are on [...]

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