Page 117 - Virtual Currencies

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If you have a gain from a section 1231 For more information on casualties and
thefts, see Pub. 547.
transaction, first determine whether
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3. der the depreciation recapture rules (explained Property for sale to customers. A sale, ex-
any of the gain is ordinary income un-
CAUTION
later). Do not take that gain into account as sec- change, or involuntary conversion of property
Ordinary or tion 1231 gain. held mainly for sale to customers is not a sec-
tion 1231 transaction. If you will get back all, or
Only gain in excess of the recapture nearly all, of your investment in the property by
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Capital Gain CAUTION amount is considered section 1231 selling it rather than by using it up in your busi-
gain.
ness, it is property held mainly for sale to cus-
tomers.
or Loss for Section 1231 transactions. The following
Example. You manufacture and sell steel
transactions result in gain or loss subject to sec- cable, which you deliver on returnable reels that
Business tion 1231 treatment. are depreciable property. Customers make de-
• Sales or exchanges of real property or
depreciable personal property. This posits on the reels, which you refund if the reels
Property property must be used in a trade or busi- are returned within a year. If they are not re-
turned, you keep each deposit as the
ness and held longer than 1 year. Gener-
ally, property held for the production of agreed-upon sales price. Most reels are re-
rents or royalties is considered to be used turned within the 1-year period. You keep ade-
Introduction in a trade or business. This property must quate records showing depreciation and other
also be either real property or of a kind that charges to the capitalized cost of the reels. Un-
When you dispose of business property, your is subject to depreciation under section der these conditions, the reels are not property
taxable gain or loss is usually a section 1231 167 of the Internal Revenue Code. See held for sale to customers in the ordinary
gain or loss. Its treatment as ordinary or capital section 1231 for details. Depreciable per- course of your business. Any gain or loss result-
is determined under rules for section 1231 sonal property includes amortizable sec- ing from their not being returned may be capital
transactions. tion 197 intangibles (described in chap- or ordinary, depending on your section 1231
When you dispose of depreciable property ter 2 under Other Dispositions). transactions.
(section 1245 property or section 1250 prop- • Sales or exchanges of leaseholds. The
erty) at a gain, you may have to recognize all or leasehold must be used in a trade or busi- Patents and copyrights. The sale of a patent;
invention; model or design (whether or not pa-
part of the gain as ordinary income under the ness and held longer than 1 year.
depreciation recapture rules. Any remaining • Sales or exchanges of cattle and tented); a secret formula or process; a copy-
right; a literary, musical, or artistic composition;
gain is a section 1231 gain. horses. The cattle and horses must be
held for draft, breeding, dairy, or sporting or similar property is not a section 1231 trans-
action if your personal efforts created the prop-
Topics purposes and held for 2 years or longer. erty, or if you acquired the property in a way that
This chapter discusses: • Sales or exchanges of other livestock. entitled you to the basis of the previous owner
This livestock does not include poultry. It whose personal efforts created it (for example,
• Section 1231 gains and losses must be held for draft, breeding, dairy, or if you receive the property as a gift). The sale of
sporting purposes and held for 1 year or
• Depreciation recapture longer. such property results in ordinary income and is
• Sales or exchanges of unharvested generally reported in Part II of Form 4797.
Useful Items crops. The crop and land must be sold,
You may want to see: exchanged, or involuntarily converted at Property deducted under the de minimis
safe harbor for tangible property. If you de-
the same time and to the same person and ducted the costs of a property under the de
Publication the land must be held longer than 1 year. minimis safe harbor for tangible property (cur-
You cannot keep any right or option to di-
534 534 Depreciating Property Placed in rectly or indirectly reacquire the land (other rently $2,500 or less), then upon its sale or dis-
position, this property is not treated as property
Service Before 1987 than a right customarily incident to a mort- used in the trade or business under section
gage or other security transaction). Grow-
537 537 Installment Sales ing crops sold with a lease on the land, 1231. Generally, any gain on the disposition of
though sold to the same person in the this property is treated as ordinary income and
547 547 Casualties, Disasters, and Thefts same transaction, are not included. is reported on Part II of Form 4797.
Example. In 2022, you paid $1,000 for a
551 551 Basis of Assets • Cutting of timber or disposal of timber, machine that you used in your business. You
coal, or iron ore. The cutting or disposal
946 946 How To Depreciate Property must be treated as a sale, as described in deducted the $1,000 cost of the machine on
chapter 2 under Timber and Coal and Iron your 2022 income tax return under the de mini-
Form (and Instructions) Ore. mis safe harbor for tangible property. In 2024,
• Condemnations. The condemned prop- you sold the machine for $1,500. Because you
4797 4797 Sales of Business Property erty must have been held longer than 1 deducted the cost of the machine under the de
year. It must be business property or a minimis safe harbor, this property is not treated
See How To Get Tax Help for information about capital asset held in connection with a as property used in the trade or business under
getting publications and forms. trade or business or a transaction entered section 1231. Upon sale of the machine, you
into for profit, such as investment property. must report the $1,500 as ordinary gain on
It cannot be property held for personal use.
Section 1231 • Casualties and thefts.The casualty or line 10 of Form 4797.
Gains and Losses theft must have affected business prop- Treatment as ordinary or capital. To deter-
erty, property held for the production of
mine the treatment of section 1231 gains and
rents and royalties, or investment property losses, combine all of your section 1231 gains
Section 1231 gains and losses are the taxable (such as notes and bonds). You must have and losses for the year.
gains and losses from section 1231 transac- held the property longer than 1 year. How- • If you have a net section 1231 loss, it is or-
tions (discussed below). Their treatment as or- ever, if your casualty or theft losses are dinary loss.
dinary or capital depends on whether you have more than your casualty or theft gains, nei- • If you have a net section 1231 gain, it is or-
a net gain or a net loss from all your section ther the gains nor the losses are taken into dinary income up to the amount of your
1231 transactions. account in the section 1231 computation. nonrecaptured section 1231 losses from
Page 26 Chapter 3 Ordinary or Capital Gain or Loss for Business Property