Federal Taxation II: Property Transactions of Business Owners and Shareholders

In this module, you will learn about unique property transactions where gains and/or losses are deferred. First, we’ll discuss circumstances where certain losses on the disposal of property are not allowed to be recognized. Next, we’ll discuss a type of non-taxable exchange called “like-kind exchange,” which allows properties to be exchanged with no tax recognition, and the rules governing its tax deferred status. Next, we’ll discuss specific circumstances where part of the non-taxable transaction actually becomes taxable due to receipt of non-like-kind property, called boot. Last, we’ll talk about what basis the newly exchanged property should have, and what the holding period should be. We'll then continue our discussion regarding non-taxable exchanges and discuss involuntary conversions. You will learn the earliest and latest dates to involuntarily exchange an asset after a casualty loss or condemnation. Next, we discuss paths for conversion, direct and indirect, and their tax consequences. We discuss two tests governing the non-recognition rules, specifically the functional use test and the taxpayer use test.

In this module, we start off by discussing the rules governing the non-taxation of the sale of a taxpayer’s primary residence. We'll discover special nonrecognition rules for the contribution of property to business entities. Next, we’ll learn what wash sales are and the dates that determine whether or not the losses can be recognized. Finally, we'll learn about the special treatment of worthless securities and gains and losses on certain small business stock.

In this module, we discuss the character and applicable tax rates for gains and losses on the disposal of property. Gains and losses are categorized into ordinary, Section 1231, and long-term capital “preferential” rates. Next, the importance of the holding period and its determination of whether an asset is designated as short-term versus long-term is discussed. The netting of gains and losses from different characterizations is discussed. Last, we discuss what a Section 1231 asset is and how it gets treated in the netting process.

In this module, you will take a deeper dive into two categories within Section 1231 assets, Section 1245 assets and Section 1250 assets. You will learn about both depreciation recapture and depreciation unrecapture, and the varying special tax rates for gains that are recaptured or unrecaptured. You will discover how other gains and losses fit into the netting process. You will learn about a special rule that applies to the sale of depreciable property between related parties. Last, you will learn about the Net Investment Income Tax.

In this final module, you will apply the tax rules you have learned throughout this course to a series of problems. When presented with hypothetical taxpayer situations, you will identify potential tax issues and determine appropriate tax treatments.