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Depreciable property that is not eligible for a section 179 deduction is still deductible over a number of years through MACRS depreciation according to sections 167 and 168. The 179 election is optional, and the eligible property may be depreciated according to sections 167 and 168 if preferable for tax reasons. [ 3 ]
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.
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.
Property such as real estate and collectibles, including art and antiques, fall under special capital gains rules. These gains specify different and sometimes higher tax rates (discussed below).
To put 280F in context a general understanding of 167(a) [2] and 179 [3] is useful. Section 167(a) [2] allows a depreciation deduction for property used in the trade or business of the taxpayer. If property is used partially for business and partially for personal use, the basis of the property must be allocated between those uses. [4]
If a taxpayer realizes income (e.g., gain) from an installment sale, the income generally may be reported by the taxpayer under the "installment method." [5] The "installment method" is defined as "a method under which the income recognized for any taxable year [ . . . ] is that proportion of the payments received in that year which the gross profit [ . . . ] bears to the total contract price."
10. Total claimed for section 179 deduction and other items-0- 11. Subtract line 10 from line 9. This is your tentative basis for depreciation: $10,000 12. Multiply line 11 by .50 if the 50% special depreciation allowance applies. Multiply line 11 by 1.00 if the 100% special depreciation allowance applies. This is your special depreciation ...
Gains: definitions, characterization, and recognition; special rules 1201–1298: Capital gains: separate taxation and special rules 1301–1359: Interperiod adjustments; certain special rules 1361–1388: S Corporations and cooperative associations: flow-through rules 1391–1400T: Empowerment, enterprise, and other special zones 1401–1403