Chapter 12 - Dealings in Property
Chapter 12 - Dealings in Property
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What are the three rules in the determination of net capital gain or net capital loss of an individual
taxpayer?
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1. Loss limitation rule – the capital loss can only be deducted from capital gains (cannot be deducted from
ordinary gains)
3. Net capital loss carry over rule – the net capital loss (capital loss is higher than capital gains) during the
year can be carried over in the next year, but not to exceed the taxable net income of the previous year
What is the rule in the determination of net capital gain or net capital loss of a corporate taxpayer?
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1. Share-for-share swap transactions or property-for-share transaction that are not in pursuant to a plan of
merger or consolidation are taxable. Losses are recognized subject to the applicable tax rules.
2. Transfer of properties to a corporation alone or with four (4) others which did not result in the acquisition of
corporate control.
3. Transfer of properties to a controlled corporation after the initial acquisition of control is taxable. Losses are
non-deductible since the transferee is a related party to the transferor.
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3. Failure to exercise a privilege or option to buy or sell property that is a capital asset
6. The amount received in liquidation of a partnership is also deemed in exchange of partner’s interest on the
partnership
8. Voluntary buy-back of shares to be held in treasury is considered exchange to the investor, but not to the
corporate issuer of the shares
A resident individual taxpayer has the following transactions for his capital assets during the year
2020: capital gains of assets held for 12 months, P10,000 and a capital loss of assets held for 18
months of P18,000. How much is the net capital gain or net capital loss?
Correct
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A corporate taxpayer has the following transactions for his capital assets during the year 2020:
capital gains of assets held for 12 months, P10,000 and a capital loss of assets held for 18 months of
P18,000. How much is the net capital gain or net capital loss?
Correct
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A resident individual taxpayer has the following transactions for his capital assets during the year
2020: capital gains of assets held for 14 months, P10,000 and a capital loss of assets held for 10
months of P18,000. The taxable net income of the taxpayer during the year 2020 is P10,000. For the
year 2021, the taxpayer has a capital gain for an asset held for 8 months amounting P15,000 without
any capital loss. How much is the net capital loss for the year 2020 that can be carried over during the
year 2021?
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The Net Capital Loss that can be carried over should not exceed the Taxable income of the previous year, so
the amount that can be carried over is only P10,000, the net taxable income of 2020.