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Any unrecaptured gain from the sale of Section 1250 real property (25%) If you have short-term capital gains (from an asset you held for less than one year), the rate for those gains is the same ...
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.
However, losses from the sale of personal property, including a residence, do not qualify for this treatment. [9] Corporations with net losses of any size can re-file their tax forms for the previous three years and use the losses to offset gains reported in those years. This results in a refund of capital gains taxes paid previously.
Exceptions include the higher 25% tax rate on unrecaptured Section 1250 gains, which is a type of depreciation-recapture income realized on the sale of depreciable real estate, and the 28% tax ...
For example, if your capital losses in a given year are $4,000 and you had no capital gains, you can deduct $3,000 from your regular income. The additional $1,000 loss could then offset capital ...
The gain realized on the sale of a principal residence is not taxable. A gain realized on the sale of other real estate held at least 30 years, however, is not taxable, although this will become subject to 15.5% social security taxes as of 2012. (There is a sliding scale for non-principal residence property owned for between 22 and 30 years.)
Then, any remaining capital losses may be used to offset any type of capital gain. If you have more capital losses than gains, they carry forward into future years. You may use $3,000 of those ...
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.