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Gains and losses under 1231 due to casualty or theft are set aside in what is often referred to as the fire-pot (tax). These gains and losses do not enter the hotchpot unless the gains exceed the losses. If the result is a gain, both the gain and loss enter the hotchpot and are calculated with any other 1231 gains and losses.
Hotchpot is slang for the blended group of Section 1231 "Gains and Losses" of the U.S. tax code. According to the code, a section 1231 gain is: Any recognized gain on the sale or exchange of property used in the trade or business, and; Any recognized gain from compulsory/involuntary conversion of Property used in the trade or business, or
The remainder of any gain realized is considered long-term capital gain, provided the property was held over a year, and is taxed at a maximum rate of 15% for 2010-2012, and 20% for 2013 and thereafter. If Section 1245 or Section 1250 property is held one year or less, any gain on its sale or exchange is taxed as ordinary income.
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Put simply, what we’ll call the “min-tax” would impose a floor levy of 25% on the total of regular income plus capital gains on all taxpayers holding a net worth of over $100 million.
The amount remaining after offsetting is the net gain or net loss used in the calculation of taxable gains. For individuals, a net loss can be claimed as a tax deduction against ordinary income, up to $3,000 per year ($1,500 in the case of a married individual filing separately). Any remaining net loss can be carried over and applied against ...
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Section 1031(a) of the Internal Revenue Code (26 U.S.C. § 1031) states the recognition rules for realized gains (or losses) that arise as a result of an exchange of like-kind property held for productive use in trade or business or for investment. It states that none of the realized gain or loss will be recognized at the time of the exchange.