Posts Tagged Capital Gains

The Capital Gains Tax Scourge

The combination of an ailing economy and a struggling housing market during an election year has created the perfect storm to once again bring issues concerning the federal capital gains tax rate to the forefront of the public’s attention. As our nation’s government continues to further empty its coffers in an attempt to protect and stimulate the economy, many political figures and members of the media are forcefully asserting that an increase in the capital gains tax rate is needed to offset the government’s proposed massive expenditures. Unfortunately, this theory is fatally flawed according to both economic principle and common sense. In fact, an increase in the capital gains tax rate during these difficult times will likely enhance the need for further government intervention and expenditures to remedy the damage that a rate increase would generate.

For clarification, the current federal capital gains tax rate of 15% does not pertain to ordinary income, but instead is applied against gains achieved through investments in real estate and securities such as stocks & bonds. Additionally, the state governments typically tack on additional capital gains taxes for their respective residents. Also understand that national residential real estate values have dropped by more than 35% over the past few years with an unprecedented amount of inventory still on the market for sale. The Dow Jones Industrial Average, our nation’s key stock index, decreased by more than 40% in the year 2008 alone.

By applying the fundamental economic principle of supply and demand it is easy to see that the supply of real estate and securities for sale drastically exceeds the consumer’s current demand to purchase. The inevitable result from such an unbalanced relationship between supply and the corresponding demand is a decrease in the perceived value of real estate, stocks and bonds. This is precisely why the federal government, economists and prominent members of the business world are constantly attempting to increase demand by acting to encourage the public to once again muster the confidence to invest in real estate and securities.

It is therefore unfathomable to suggest that the United States’ economy will be better served by increasing the capital gains tax rate for those that courageously make these investments. This is especially true at a time when confidence in investment is more direly needed than it has been for generations. The way to our economic salvation is undisputedly through reducing supply, so it is important that we don’t punish those individuals that could represent the much needed demand.

The very existence of a capital gains tax surely has Alexander Hamilton continuously turning in his grave. Our country’s founding fathers were generally of the mindset to tax primarily those activities that the public and the government wanted to discourage. Taxing the purchase or sale of foreign made goods, tobacco, luxury items and alcohol made sense to these brilliant architects of a new nation. However, the imposition of taxes on activities that directly promote the interests of the nation as a whole was certainly not what they had in mind.

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Figuring Your Basis, Get It Right, Reduce Your Taxes, Get It Wrong and Pay Much Higher Taxes

The scenario is as follows
Ed purchased a house on an acre of land from Ruth. Prior to the purchase Ed has been renting the house from Ruth for $1000 per month. Ed paid the following:

$100,000 in loan proceeds to Ruth
$2,000 in points to the bank
$1,000 in real estate taxes
$1,000 in pas due rent to Ruth
$1,000 in closing costs to the bank for legal recording, title insurance and survey fees
$1,000 in escrowed Real Estate taxes to the bank

What is Ed’s “basis” in the house and land purchased from Ruth?
A. $100,000
B. $102,000
C. $104,000
D. $106,000

AND Now, Ed decides to sell the house and the land and receives $360,000 for the property 5 years later. How much of his gain will he have to pay taxes on? (Ed is single and lets say he did not invest any more money into the property)
A. 0
B. $4,000
C. $8,000
D. $12,000

Note: If you sold your house and you miss this question, you probably should NOT be doing your own Taxes. Contact your Tax Professional as soon as possible. In fact it would have been best to contact your Tax Professional “BEFORE” you sold your property, because if Ed didn’t live in the property for 3 of the last 5 years that he owned the property, then he would be exposed to Capital Gains Taxes on $258,000.

The correct answers based upon Tax Codes; are B and C

Congress votes in over 100 new Tax Laws every year. The software programs do an excellent job of implementing these changes, however, I am not sure how well they do with finding the loopholes.

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Are You A Real Estate Investor Or A Circus Performer?

Does the stress of monthly rent collection and after hour plumbing problems make you feel like a performing seal at the circus? You\’re trying to keep a spinning beach ball balanced on your nose, at the same time that you\’re wildly clapping your flippers together hoping to please an unappreciative audience.

Does thinking about selling your investment property make you feel like Bozo the clown? Having to paint on a happy smiley face when thinking about the large percentage of your profits that you\’re going to lose to capital gains tax makes you frown?

There is a way to move on and leave the circus behind.

It\’s called a 1031/Tenant In Common (TIC) Exchange. This kind of deferred capital gains tax investment is an attractive option for owners of investment property who are looking to get a return on their equity without having nearly 30% of their profits swallowed by capital gains tax.

Under the regulations of the 1031/TIC Exchange program, an investment property owner can \”exchange\” their current commercial property for a \”like-kind\” investment property of equal or greater value, deferring the payment of capital gains taxes and maximizing their profits.

A relatively new tax program, the 1031/TIC Exchange program wasn\’t sanctioned by the IRS until 2002. Many commercial property owners who might qualify for the 1031 deferred tax program don\’t know that it\’s a viable option available to them.

Qualified investment property owners will discover that there are other benefits to the 1031/TIC Tax Deferred Exchange program. You\’ll have a monthly income stream from your investment property, without the hassles that go along with being a hands-on landlord. And your new 1031/TIC Exchange investment property will pass directly to your heirs at the stepped up basis (according to current tax law). Your beneficiaries won\’t have to pay capital gains tax.

There are three very important elements of the 1031/TIC deferred tax transaction that every investment property owner should know:

* You\’ll need an unbiased third party qualified intermediary, perhaps a lawyer or qualified CPA, who will handle all of the paperwork and make sure the IRS guidelines are followed.

* You\’ll need to work with a quality 1031 Sponsor Company with a continuous inventory of grade A commercial real estate.

* You\’ll need to make sure that your new commercial investment is well maintained and serviced by a reliable property management company with a great track record and years of experience.

The 1031/TIC Exchange transaction can be a bit complicated for the novice. Attempting it without the guidance of a professional financial advisor, who specializes in this kind of deferred capital gains tax program, could lead to some unexpected and unsatisfactory results.

You could find yourself involved with a 1031/TIC sponsor company that handles poor quality real estate investments that may need work have little appreciation potential. They may have high tenant turn-over and require constant maintenance. You\’ll need to make sure the 1031/TIC sponsor company you\’re working with handles only quality real estate. This is often high end office space leased to long-term corporate clients.

You also want to avoid working with an unreliable property management company. Poorly managed properties make owners of 1031/TIC investment properties the targets of lawsuits from unhappy tenants, and may lead to eventual loss of equity as the building depreciates instead of increasing in value.

You can\’t use a family attorney or CPA to generate the paperwork necessary for the 1031/TIC exchange. You need to find an unbiased third party who is experienced with this capital gains tax deferment transaction. There are many deadlines that must be adhered to when you\’re making this kind of property exchange. If they are not met, you\’ll find yourself paying those capital taxes out of your own pocket, despite your good intentions.

There is a way for you to get out of the circus ring and into the audience enjoying the performance.

For investment property owners who are interested in the 1031/TIC Exchange program, working with an experienced financial advisor is the only way to avoid all of the pitfalls of this complicated transaction.

How much would you pay to save thousands in Capital GainsTax? I\’ll teach you for free in a Teleconference that may change your life. Sign up at ==>
Defer Capital Gains Tax

Writen By : Paula Straub

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Wash Sale Rule And IRS Schedule D – A Major Headache For Active Traders And Investors

Of all the accounting tasks required for active traders to file their taxes, calculating wash sales has to be the most daunting. When trading the same stocks over and over again, buying and selling unequal share amounts, making small gains and losses, hundreds or thousands of wash sales are inevitably generated.

Therefore, this rule is unbelievably cumbersome when it comes to filling out a proper schedule d. How can a rule that sounds relatively simple cause so much confusion and headaches? Read on…

What exactly is the wash sale rule?
IRS publication 550 page 52 states:

?You cannot deduct losses from sales or trades of stock or securities in a wash sale. A wash sale occurs when you sell or trade a stock or securities at a loss, and within 30 days before or after the sale you: buy substantially identical stock or securities, acquire substantially identical stock or securities in a fully taxable trade, or acquire a contract or option to buy substantially identical stock or securities.\”

\”If you sell stock and your spouse or a corporation you control buys substantially identical stock, you also have a wash sale.\”

The IRS further states that \”If your loss was disallowed because of the wash sale rules, add the disallowed loss to the cost of the new stock or securities. The result is your basis in the new stock or securities. This adjustment postpones the loss deduction until the disposition of the new stock or securities. Your holding period for the new stock or securities begins on the same day as the holding period of the stock on securities sold.\”

In plain English, this means that if you close a trade and take a loss, and then buy back the same, or \”substantially\” the same equity, you cannot take the loss at that time.

According to the IRS, the loss now has to move forward, and has to be attached to the cost basis of the trade in which you bought back the same stock. If that trade also ends in a loss due to the new cost basis, and you buy the same stock again, the loss gets moved forward again.

This can keep happening indefinitely if you continue to trade the same equity again and again and keep ending up with a loss, and do not stop trading for at least 31 days.

In addition, the holding period of your trade may also change, thus changing the wash sales tax. I am sure you can see how calculating and keeping track of the many nuances of this rule is an active trader?s worst nightmare and potentially could end up costing you money come tax time.

Here?s just a brief look at some of the other problems associated with wash sale accounting. We?ll consider each of these topics in-depth as our series continues.

Wash Sales on Unequal Numbers of Shares – When you buy back shares of stock in increments that do not equal the number of shares sold at a loss, it is the trader?s responsibility to determine the particular shares to which the wash sale rule applies. This requires complex matching and splitting of shares based on the order in which the shares were purchased and sold.

Wash Sales on Short Sales – If you short sell stock, this adds a whole new dimension to the wash sale rule since you must also now be concerned with sales rather than purchases that trigger wash sales. When you buy-to-cover a short sale and take a loss, if you short that stock again within 30 days, you will trigger a wash sale.

Wash Sales between Stocks and Options – If you take a loss on a stock or an option then buy an option on the same stock within the 30 day window, you will also have triggered a wash sale.

You would think that the IRS would only care to see wash sales that cause losses to be deferred to another tax year, but this is not the case. The IRS requires that traders report each and every wash sale throughout the year. This means that each time a stock that is sold at a loss is repurchased within the /- 30 day window, a wash sale must be reported on the schedule d.

Therefore, an active trader may have hundreds or even thousands of wash sales throughout the year. Even the casual investor may be plagued by having to report several or many wash sale occurrences. What every trader needs then, is an automated method to deal with this headache. Thankfully such software does exist.

David Eich, Author
TradeLog? trade accounting and tax software
http://www.armencomp.com/tradelog

Writen By : David Eich

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Is The Sun Shining For Sun Microsystems?

If you invested in the technology sector during the late 1990s, you probably became very encouraged from the amazing capital gains you earned during this time period. Sun Microsystems (SUNW) is no exclusion this system, reaching record highs in of 80.00 in 2001. However, like most of the rest of the technology sector, Sun experienced losses hurting every investor still stuck with the overbought equity. However, five years later as the dust has settled, does Sun pose itself to be a reasonable investment?

Economically speaking, technology stocks have increased during periods of inflation and have fallen during periods of recession. As inflation have been rising the past few years as represented with the continued increase in interest rates, you would have expected a gallant corporation in Sun to increase back to its glory days right? While such a sentiment is usually an excellent one, Sun has failed to provide investors with any comfort. Through the past three years, Sun has experienced no growth whatsoever despite indications of head and shoulders technical situations. Supporting a resistance level of 5.25 and a supporting level of 3.50, a timely speculator is able to make good short term investments, but long term investors are not able to help their fixed-income desires. What makes matters worse for investors looking at Sun is the potentially hard landing recession in store for the US economy. During such a period with the decrease in employment and domestic income, consumers have less money to purchase luxury goods such as Sun?s software products, and as a result revenue for the corporation will go down.

When such happens to a company, a decrease in quantity demanded for elastic goods will hurt the profits which have already been hampered for Sun. With an unusual decrease in margins in terms of revenue and profit over the last three years sustaining poor operating margins, there is little optimism in terms of future growth for this company. If you do own this company, I would suggest selling immediately, as I really doubt Sun will reach 5.00 again for the next few years. While the company is respectable and well known as a large capitalization equity, like Microsoft and other companies, Sun looks like it has lost its original steam and will be more of a nuisance to investors rather than capital gainer.

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Lennar Corporation: Buy Or Sell

As many investors look into equity searches to diversify their portfolio, housing always comes up as an enigma especially with the so called bubble it has been put in. Coming off record sales and inventory numbers from a few years back, the housing market has struggled the past few months on increasing interest rates and a slowdown of the economy. As I type this, you may think I am foolish for even suggesting looking into housing venture as an equity investment, but on the contrary as an investor you should know to do the reversal of what everyone expects in this situation.

Looking at a specific stock in Lennar Corporation (LEN) as just an example can define why now is a good time to invest in the housing market. Over the previous five years, after incredible gains of near 300% from 2002 to 2005, Lennar has appeared to depreciate in 2006 posting capital losses for investors of nearly 33%. Such a fall can be attributed to the increasing interest rates which make consumers wary to buy new houses. When prices are inflated and mortgages are at all time highs, there is going to be a cornucopia of unsold houses in the market which does not bode well for corporations such as Lennar. However, now with interest rates looking to be hiked for the last time and possibly even cut in the near future, the housing market may see the thrills shown during the glory days of a few years back. While everyone supposes that the economy is going through a recession, I expect a soft landing situation which does not affect the economy too negatively. With interest rates having a strong probability to decrease in the following months, buying shares of a housing company like Lennar can be strongly advocated at such a low price.

While most any large capitalization equities will be adequate for potential investors, I chose Lennar for both its technical and fundamental aspects. Always having excellent margins in terms of growth in revenue and profit from year to year, I expect such earnings to continue to grow even higher. While the next few quarters may not be suitable to the envisions potential investors have, such news is already taken account of in this rational expectation market as the only indicators which should have any affect on the stock would be positive corporate news or a decrease of interest rates. With the probability of such statements higher than the negative sentiments turned into reality, Lennar should have now hit its low and continue its rise.

Already grown nearly 8000% in its near 20 year career, housing will continue to be a tremendous factors in the coming decades and should prove to be no problem in terms of future competition or structurally ousted fundamentals. Supporting positive surprises each quarterly update, investing in Lennar, while of course risky during this stage of the economy, can become a tremendous asset this time next year. Having already felt the effects of the ?housing bubble? sentiment, I can only see future growth in terms of shares for the company and capital gains for investors.

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Stock Loans

Hedge current portfolio positions and gain access to capital resources through loans
against free trading, aged affiliate or aged non-affiliate securities. Make proper use
of your assets while waiting for performance and hedge your position should the
asset move against you.

Whether you need to borrow cash for personal or business purposes, these loans
against stock can be funded in as few as five business days and are available to
insiders, affiliates and common shareholders of publicly traded companies on U.S.
exchanges, as well as other major foreign exchanges.

Big Board or Large Cap stockholders are usually elegible for high LTV\’s while Small
to Mid-Cap stockholders can receive respectable LTV\’s based on exchange, price
and liquidity. Furthermore, no expenses or upfront fees are charged for our loan
programs.

Stock Loan is a loan. It is not a sale. For most of our borrowers, a Stock Loan does
not trigger a capital gains tax event unless they default. And though the proceeds
cannot be put into any marginable securities, they are available for other types of
investments or purchases. Interest can accrue or be paid quarterly.

There are no margin calls. Enron stock investors with a Flagship Stock Loan would
have received 90% loan to value out of their investment – and been free to walk
away without a single margin or house call, even after the infamous fall in share
price.

Yes, literally, walk away. These are \”non-recourse\” stock loans, so that if you wish,
you may simply walk away and owe not a penny more to us as lender, with no
negative consequence to your credit, forfeiting only the presumably devalued stock
shares. Why? We\’ve written private hedges on every share. And though you may have
tax consequences in the event of default, you won\’t have to repay your loan to us.

In the market? Out? Why not both?
So you want your stock investments to stay stock investments. You love your stock
picks. And they aren\’t doing too badly, maybe have some great prospects next year
too. You rightly don\’t want to sell (maybe capital gains taxes are looming?); you
don\’t want to leave the market. But you need the cash. In… Out…Go…. Stay… What
to do?

Consider a Stock Loan for Your Stock Investment. Put a floor on your potential loss,
while keeping all of your potential gain. Stock Loan means you can do both. No
need to sell your shares if you\’d rather leave them in the market working for you…
You can tap their value today ? safely ? so you can have the cash you require.
You\’ll get 90% of the market value and no principle or interest payments, if you
choose to let interest accrue.

But… if the share price increases, that increase belongs entirely to you. The upside
(depending on the type of Stock Loan you choose) from the the stock portfolio is
thus yours. You stay in the market, and out, at the same time. The best of both
worlds!

Afra AmirSanjari is the Principal for Peacock Capital. Peacock Capital specializes in
solving the cash flow challenges of Small/Medium Businesses, Government Vendors
and Individuals with innovative financial solutions by providing a network for
securing operating capital.

http://www.peacockcapital.com;
info@peacockcapital.com

Writen By : Afra AmirSanjari

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