Dealings in Properties: Ordinary Gains and Losses Capital Gain and Losses
The document discusses the tax treatment of ordinary gains and losses from property dealings as well as capital gains and losses. Ordinary gains are fully taxable while ordinary losses are fully deductible. Capital losses can only offset capital gains with any excess carried forward. For individuals, capital gains are taxed at different rates depending on the holding period, while corporations are not subject to a holding period rule. The document provides examples of computing net capital gain or loss for individuals and corporations.
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Dealings in Properties: Ordinary Gains and Losses Capital Gain and Losses
The document discusses the tax treatment of ordinary gains and losses from property dealings as well as capital gains and losses. Ordinary gains are fully taxable while ordinary losses are fully deductible. Capital losses can only offset capital gains with any excess carried forward. For individuals, capital gains are taxed at different rates depending on the holding period, while corporations are not subject to a holding period rule. The document provides examples of computing net capital gain or loss for individuals and corporations.
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DEALINGS IN PROPERTIES
ORDINARY GAINS AND LOSSES
CAPITAL GAIN AND LOSSES TAX TREATMENT • Ordinary gain is taxable in full • Ordinary loss is deductible in full • Capital losses are deductible only to the extent of gain from dealings in capital assets other than domestic stocks or real properties • Net capital gain is an item of gross income • Net capital loss is not an item of deduction against gross income DETERMINATION OF NET CAPITAL GAIN • INDIVIDUAL TAXPAYER -HOLDING PERIOD RULE a) Short Term ( not more than 1 year)– 100% is recognized b) Long Term (more than 1 year) – 50% is recognized • CORPORATE TAXPAYER -NO HOLDING PERIOD RULE RATIONALE OF HOLDING PERIOD RULE • ABILITY TO PAY THEORY – taxable only when realized • LEGISLATIVE COMPROMISE – individual taxpayers are subject to progressive tax rate; one time tax results to higher taxes compared to taxed annually Problem: Individual Taxpayer SALE OF CAPITAL ASSETS ITEM DATE GAIN SOLD ACQUIRED SOLD (LOSS) CAR 8/14/12 2/14/14 100K Office supplies 6/1/13 12/5/14 20k Laptop 4/5/13 4/5/14 80k APPLIANCES 7/21/13 8/24/14 (160k) Books 12/28/13 11/26/14 (30k) Computation: Car (long term) 50% x P100k P 50,000 Laptop (short-term) 100% x P80k 80,000 Appliances (long-term) 50% x (P160k) (80,000) Books (short-term) 100% x P30k (30,000) NET CAPITAL GAIN P20,000
NOTE: Office supplies is excluded as it is an ordinary
gain separately reported as item of gross income Problem: Corporate Taxpayer SALE OF CAPITAL ASSETS MAC CORP. assigned its receivable to the bank without recourse at a loss of P200k. During the year it disposed an old building at a gain of P800k and its investment in foreign securities at a gain of P350k. All assets were held for more than one year. Computation: Sale of foreign securities (100%) P350,000 Assignment of receivables(100%) (200,000) NET CAPITAL GAIN P150,000
NOTE: a) NO HOLDING PERIOD
b) Gain on sale of building is an ordinary gain. PRESENTATION IN THE ITR SALES PXXX ADD: Other Taxable Income from operations XXX TOTAL SALES PXXX LESS: COST OF SALES XXX NET SALES PXXX ADD: NON-OPERATING TAXABLE INCOME ORDINARY GAIN XXX NET CAPITAL GAIN XXX XXX GROSS INCOME PXXX LESS: BUSINESS EXPENSE XXX ORDINARY LOSS XXX XXX NET INCOME PXXX NET CAPITAL LOSS CARRY-OVER • Individual taxpayers are allowed to carry over net capital loss as deduction against net capital gain of the following year subject to the following limits: – LIMIT 1 - Net income in the year net capital loss was sustained – LIMIT 2 -Available net capital gain in the following year – In short, net capital loss carry over shall be whichever is the lowest of NCL, LIMIT 1 and LIMIT 2 ILLUSTRATION - NCLCO 2013 2014 Net Income before dealings of prop. P70K P300K Dealings in Ordinary Assets: Ordinary Gain P40k P30K Ordinary Loss (P80k) (P50k) Dealings in Capital Assets: Capital Gain P20k P80k Capital Loss (P60k) (30K) Net Capital Gain or (loss) (P40k) P50k Computation: 2013 2014 Net Income before D in P P70,000 P300,000 Ordinary gain 40,000 30,000 Ordinary loss (80,000) (50,000) NET INCOME before CA P30,000 P280,000
Net Capital Gain (Loss) P(40,000) P50,000
NCLCO (30,000) Net Capital Gain P20,000
Net Income before CA P30,000 P280,000
Add: Net Capital Gain - 20,000 TAXABLE INCOME P30,000 P300,000