Code 351 Week 4

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Course: Federal Taxes & Management Decisions Week 4 HW Assignment (14-4, 14-20, 14-22, 14-55, 14-62) 14-4. The purpose of Code 351 is to defer realized gain or loss. It ensures the transfer of property to the transferee used immediately in order to be recognized gain or loss. In other words, the taxpayer receiving the property must take control immediately after the transfer. Code 351 also protects the property from shareholder’s liabilities. Property can be in the form of cash, accounts receivables, inventories, patent, installment and building. Also, for stocks the taxpayer receiving transfer must have control over 80 percent of the stocks regardless of control before transfer. 14-20. The tax years available to corporations are fiscal…show more content…
They treated separately. All capital net losses that are carried forward or backward will become short-term. After a period of 5 years unused carryover losses will be lost forever. 2. Individuals have itemized deductions such as alimony payments and contributions to IRA. These deductions only apply to individuals. Unlike corporations deductions for individual are for AGI. Individuals can take deduction for net capital losses in the year occurred. Individuals are required to make adjustments on net operating loss for capital gains and losses, nonbusiness expenses personal exemptions. Generally, net capital gains are taxed at a lower rate than other income. Net capital gains can be taxed at a rate 25% or 28%. If capital losses exceeds capital gains it can deducted on tax return in Schedule D to reduce other income such as wages. The annual limit for individual is $3,000. If total net capital loss exceeds the yearly limit on capital loss deductions it can be carried over as…show more content…
What are the tax consequences to Susan? a. According to Code Section 351 no gains or loss is recognized upon the transfer of property to a corporation solely in exchange for its stock if the taxpayer is transferring the property is in control of the corporation immediately after the exchange. Because Susan did not receive anything in return for transfer, there is no tax consequences. b. Tax consequences to corporation? Code Section 351 prevents recognition of losses on transfers of property that has declined in value. There is no tax consequence for the corporation. c. What if any changes, if Susan received another 10 percent stock interest for the car? If Susan received 10 percent of stock with a value that exceeds the $2,000 she would include the income proceeds for that year as taxable income. 14-62. What is the corporation’s taxable income for the year? The net capital loss of $5,000 is not an allowable deduction for this year. It may be carried over to next year. The corporation’s taxable income for the year is $62,000. Smith, Harmelink & Hasselback. Federal Taxation: Comprehensive Topics. CCH,

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