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[2] 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] Further, the 179 ...
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.
Any unrecaptured gain from the sale of Section 1250 real property is taxed at a maximum 25% rate. Short-term capital gains are taxed as ordinary income according to the taxpayer’s tax bracket ...
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).
Section 121 [50] lets an individual exclude from gross income up to $250,000 ($500,000 for a married couple filing jointly) of gains on the sale of real property if the owner owned and used it as primary residence for two of the five years before the date of sale. The two years of residency do not have to be continuous.
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."
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]
(§ 168(d)(4)(A)) Section 168(d)(1) states that all taxpayers should use the half-year convention unless a different convention is specifically required by § 168(d)(2) or § 168(d)(3). The second, the “mid-month convention,” assumes that all property placed into service, or disposed of, during any month was placed into service, or disposed ...