Tax Guru – Ker$tetter Letter

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Archive for May 2nd, 2006

No Means No

Posted by taxguru on May 2, 2006

 

Q:

Subject: Tax vs. Book depreciation – quick question
 
Dear Mr. Kerstetter,

I had a quick question for you – I have looked around to try to get a definite answer to this, but to no avail yet.  I was wondering if you could help me.  Based on the S Corp tax summary outlined below, I was wondering if you would be able to tell me what the actual depreciation charged to book/financial income was by looking at this?  Thank you in advance, and I enjoy your website!  Thank you – Greg Torgerson, from Iowa

 

S Corporation Tax Return Summary:

Form 1120S

Total Income                                                     $1,266,997

Depreciation  (ln 14a)                                        $ (87,612)

Other Deductions                                              $ (1,156,919)

Ordinary Income                                               $ 22,466  (flows to Sch K, ln. 1)

 

Schedule K                                                       $  22,466

Charitable Contributions                                  $ (215)

Section 179                                                       $ (100,000)

Income                                                              $ (77,749)

 

M-1 (col. 1)

Net Income, Books                                            $ 90,770

Expenses recorded on books,

not included on Sch. K:

Depreciation      $45,928

Other                   $1,132                                    $ 47,060

                Total                                                       $ 137,830

 

M-1 (col. 2)

Deductions included on Schedule K not

Charged against Book Income (Depreciation)$ 215,579

                                                                          $ (77,749) (ties to Income Sch K) 

A:

Greg:

It has always been my policy not to answer homework questions.  I only deal with real life issues for real life people.

You should ask your professor and teaching assistant for help.  That is what they are paid the big bucks for.

Good luck.

Kerry Kerstetter  

 

Posted in 179 | Comments Off on No Means No

Exceptions To 2 Year Rule For Home Sales

Posted by taxguru on May 2, 2006

 

From a Reader:

Subject: Multiple residence sales

Dear Mr. Kerstetter,

You told him he could not exclude all the sales and should see about amending past filings to decide which one he would be better off having taxed and which excluded.
This is missing something though.
You referenced him to From IRS Pub 523.
If you look closely, he could qualify for a partial exclusion.  He didn’t say the reasons for selling or his profits, but if he sold for one of a few certain specified reasons, he might be able to exclude a portion of the allowed limit.

You said it’s part of the tax code that is not a gray area.
That doesn’t mean it’s free from exceptions.

I’m only aware of this because I’m in a similar circumstance, trying to time a move such that I can avoid the tax hit on the house since I sold my last house less than a year ago.

 

My Reply:

You are correct that some people may qualify for a pro-rated tax free exclusion for more than one home sale within two years, if it was caused by unforeseen circumstances.  I have covered dozens of such examples in postings over the past few years.

I didn’t mention it with this person because he didn’t claim to have any such special circumstances and was actually claiming to never have known about the two year rule at all.  I posted it as an example of how slowly details of tax laws spread, even after being around for almost nine years.

Thanks for writing.

Kerry Kerstetter

 

Posted in Uncategorized | Comments Off on Exceptions To 2 Year Rule For Home Sales