Go Back   CDN Business Directory > Main Category > Taxes

 
 
Thread Tools Display Modes
  #25  
Old 02-22-2006, 11:53 AM
Drew Edmundson
Guest
 
Posts: n/a
Default Re: Short term/long term

sethb[at]panix.com (Seth Breidbart) wrote:
- quote -

> Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:

> > LIFO doesn't require that the same item continue to be held
> > in inventory. For example some car dealers using LIFO may
> > still have 1986 Impalas on the books. For some reason to me
> > they don't seem comparable to the 2006 Impala. The items
> > just need to be similar and many tract homes meet that
> > requirement.


> I would have thought the requirement is that the items have
> to be fungible, not just similar.


LIFO isn't as simple as I appeared to make it. As the topic
is quite exhaustive I would suggest those interested read
Section 472 and the Regulations there under. My point is
that real estate cannot be inventory but can be the similar
"property held for resale." While similar they aren't the
same.

---
Drew Edmundson, CPA
Cary, NC

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #24  
Old 02-21-2006, 08:36 AM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: Short term/long term

Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:

- quote -

> LIFO doesn't require that the same item continue to be held
> in inventory. For example some car dealers using LIFO may
> still have 1986 Impalas on the books. For some reason to me
> they don't seem comparable to the 2006 Impala. The items
> just need to be similar and many tract homes meet that
> requirement.


I would have thought the requirement is that the items have
to be fungible, not just similar.

Seth

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #23  
Old 02-17-2006, 12:43 PM
Victor Roberts
Guest
 
Posts: n/a
Default Re: Short term/long term

- quote -

> > > What is a "spec home"?

> > Usually one built to your specifications as opposed to a
> > mass produced home or even an individual home built to an
> > existing plan.


> OR ... a house built on speculation - one where there is not
> a purchase contract in existence before construction is
> begun. (That's the common usage of the term in our area.)


I agree your definition is more common. I stand corrected.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #22  
Old 02-17-2006, 05:25 AM
Drew Edmundson
Guest
 
Posts: n/a
Default Re: Short term/long term

ethb[at]panix.com (Seth Breidbart)
wrote:

- quote -

> Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:

> > As an aside, and not in any way disagreeing with your
> > overall comments, real estate cannot be "inventory." See
> > Rev. Rul. 69-536. It is "property held for resale." A
> > semantic thing for these purposes. However for other
> > purposes it is a real and important difference, e.g. not
> > being "inventory" prohibits the use of FIFO, LIFO, etc.


> Given that each item of real estate is unique, I don't see
> how LIFO vs. FIFO could apply (even if it could).


Other taxpayers have disagreed with you. The courts however
agree with you and the reason they use is that real estate
is not inventory.

LIFO doesn't require that the same item continue to be held
in inventory. For example some car dealers using LIFO may
still have 1986 Impalas on the books. For some reason to me
they don't seem comparable to the 2006 Impala. The items
just need to be similar and many tract homes meet that
requirement.

---
Drew Edmundson, CPA
Cary, NC

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #21  
Old 02-16-2006, 06:02 PM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: Short term/long term

Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:

- quote -

> As an aside, and not in any way disagreeing with your
> overall comments, real estate cannot be "inventory." See
> Rev. Rul. 69-536. It is "property held for resale." A
> semantic thing for these purposes. However for other
> purposes it is a real and important difference, e.g. not
> being "inventory" prohibits the use of FIFO, LIFO, etc.


Given that each item of real estate is unique, I don't see
how LIFO vs. FIFO could apply (even if it could).

Seth

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #20  
Old 02-16-2006, 06:02 PM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: Short term/long term

Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
- quote -

> sethb[at]panix.com (Seth Breidbart) wrote:
> > Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:


> > > Actually, even buying a house with the purpose of turning
> > > around and selling it makes the house inventory rather than
> > > an investment.


> > What sort of property does that rule apply to?


> It applies to any property purchased or created for the
> purpose of selling, rather than holding for investment or
> personal use.


What is the difference between "purpose of selling" and
"[purpose of] holding for investment"? Either way, I buy
something intending to sell it later at a higher price than
I paid.

- quote -

> > It clearly doesn't apply to stock.

> Why do you say that? What does "stock" mean?


Shares in a corporation.

- quote -

> If you are a developer and buid 100 condominiums,

then I didn't buy them, I own them in the course of a
business.

Seth

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #19  
Old 02-16-2006, 06:02 PM
Rich Carreiro
Guest
 
Posts: n/a
Default Re: Short term/long term

sethb[at]panix.com (Seth Breidbart) writes:

- quote -

> > Actually, even buying a house with the purpose of turning
> > around and selling it makes the house inventory rather than
> > an investment.


> What sort of property does that rule apply to?
> It clearly doesn't apply to stock.


Don't be so sure.

If you're a professional trader or a market maker, your
gains and losses are ordinary income and loss, not capital
gains and capital losses.

--
Rich Carreiro rlcarr[at]animato.arlington.ma.us

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #18  
Old 02-15-2006, 07:35 PM
Dick Adams
Guest
 
Posts: n/a
Default Re: Short term/long term

Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:

- quote -

> As an aside, and not in any way disagreeing with your
> overall comments, real estate cannot be "inventory." See
> Rev. Rul. 69-536. It is "property held for resale." A
> semantic thing for these purposes. However for other
> purposes it is a real and important difference, e.g. not
> being "inventory" prohibits the use of FIFO, LIFO, etc.


Real Estate is held in a control account similar to securites
being held for the short-term unless it is being rented in
which case it belongs in an account with income producing
assets.

Although you may refer to it internally as inventory, it is
not inventory for either accounting or tax purposes.

Dick

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #17  
Old 02-15-2006, 07:17 PM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: Short term/long term

Drew Edmundson <drewsbeagles[at]hotmail.com> wrote:

- quote -

> As an aside, and not in any way disagreeing with your
> overall comments, real estate cannot be "inventory." See
> Rev. Rul. 69-536. It is "property held for resale." A
> semantic thing for these purposes. However for other
> purposes it is a real and important difference, e.g. not
> being "inventory" prohibits the use of FIFO, LIFO, etc.


Thanks for the clarification. I wasn't aware of that nuance.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #16  
Old 02-15-2006, 07:03 PM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: Short term/long term

sethb[at]panix.com (Seth Breidbart) wrote:
- quote -

> Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:

> > Actually, even buying a house with the purpose of turning
> > around and selling it makes the house inventory rather than
> > an investment.


> What sort of property does that rule apply to?


It applies to any property purchased or created for the
purpose of selling, rather than holding for investment or
personal use.

- quote -

> It clearly doesn't apply to stock.

Why do you say that? What does "stock" mean? If you are
a developer and buid 100 condominiums, all the income from
sales will be ordinary income, even if some of them are
sold more than a year later.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #15  
Old 02-15-2006, 03:38 PM
Drew Edmundson
Guest
 
Posts: n/a
Default Re: Short term/long term

"Stuart A. Bronstein" <spamtrap[at]lexregia.com> wrote:
- quote -

> sethb[at]panix.com (Seth Breidbart) wrote:

> > > Isn't the whole idea of building a house to sell considered
> > > an investment?


> > No, _buying_ a house to sell is an investment. Building a
> > house to sell is a _business_.


> Actually, even buying a house with the purpose of turning
> around and selling it makes the house inventory rather than
> an investment. For example, you are able to buy a house in
> a foreclosure sale and think you can make some money from
> it. So you clean it up, paint it and sell it.
> Even if it takes longer than a year to sell, if the purpose
> of the purchase was to turn around and sell it, it's
> inventory.


As an aside, and not in any way disagreeing with your
overall comments, real estate cannot be "inventory." See
Rev. Rul. 69-536. It is "property held for resale." A
semantic thing for these purposes. However for other
purposes it is a real and important difference, e.g. not
being "inventory" prohibits the use of FIFO, LIFO, etc.

---
Drew Edmundson, CPA
Cary, NC

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #14  
Old 02-15-2006, 03:38 PM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: Short term/long term

Stuart A. Bronstein <spamtrap[at]lexregia.com> wrote:
- quote -

> sethb[at]panix.com (Seth Breidbart) wrote:

> > > Isn't the whole idea of building a house to sell considered
> > > an investment?


> > No, _buying_ a house to sell is an investment. Building a
> > house to sell is a _business_.


> Actually, even buying a house with the purpose of turning
> around and selling it makes the house inventory rather than
> an investment.


What sort of property does that rule apply to?

It clearly doesn't apply to stock.

Seth

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #13  
Old 02-15-2006, 02:18 AM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: Short term/long term

sethb[at]panix.com (Seth Breidbart) wrote:

- quote -

> > Isn't the whole idea of building a house to sell considered
> > an investment?


> No, _buying_ a house to sell is an investment. Building a
> house to sell is a _business_.


Actually, even buying a house with the purpose of turning
around and selling it makes the house inventory rather than
an investment. For example, you are able to buy a house in
a foreclosure sale and think you can make some money from
it. So you clean it up, paint it and sell it.

Even if it takes longer than a year to sell, if the purpose
of the purchase was to turn around and sell it, it's
inventory.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #12  
Old 02-15-2006, 02:18 AM
DF2
Guest
 
Posts: n/a
Default Re: Short term/long term

Stuart A. Bronstein wrote:
- quote -

> Victor Roberts <xxx[at]lighting-research.com> wrote:
> > Dick Adams <rdadams[at]smart.net> wrote:


> > > What is a "spec home"?


> > Usually one built to your specifications as opposed to a
> > mass produced home or even an individual home built to an
> > existing plan.


> Where I come from "spec" stands for speculation. That is,
> he builds it with the intent and hope of selling it for more
> than what he put into it. Some people make money doing
> that, some actually lose money.


http://dictionary.reference.com/sear...pec+house&r=66 and
http://www.yourwebassistant.net/glos...htm#spec_house give
conflicting definitions. The second one matches Stuart precisely.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #11  
Old 02-14-2006, 06:23 AM
Stuart A. Bronstein
Guest
 
Posts: n/a
Default Re: Short term/long term

Victor Roberts <xxx[at]lighting-research.com> wrote:
- quote -

> Dick Adams <rdadams[at]smart.net> wrote:

> > What is a "spec home"?


> Usually one built to your specifications as opposed to a
> mass produced home or even an individual home built to an
> existing plan.


Where I come from "spec" stands for speculation. That is,
he builds it with the intent and hope of selling it for more
than what he put into it. Some people make money doing
that, some actually lose money.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #10  
Old 02-14-2006, 06:23 AM
Seth Breidbart
Guest
 
Posts: n/a
Default Re: Short term/long term

- quote -

> Isn't the whole idea of building a house to sell considered
> an investment?


No, _buying_ a house to sell is an investment. Building a
house to sell is a _business_.

- quote -

> In~vest~ment n. - Property or another possession acquired
> for future financial return or benefit.


He didn't "acquire" the house, he built it.

Seth

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #9  
Old 02-14-2006, 05:45 AM
Victor Roberts
Guest
 
Posts: n/a
Default Re: Short term/long term

Dick Adams <rdadams[at]smart.net> wrote:
- quote -

> Victor Roberts xxx[at]lighting-research.com wrote:
> > Dick Adams rdadams[at]smart.net wrote:
> > > "Wayne Rivers" wayne[at]wayneriverscpa.com wrote:


> > > > Question:
> > > > > > > If someone owns land and builds a spec home on it and later
> > > > sells it, is the capital gain long term because the land is
> > > > owned over 1 year or short term because the house is sold
> > > > soon after completion?
> > > > > > > In this case, the taxpayer is not planning on doing this as
> > > > a business - should be a one-time shot. He did the general
> > > > contracting himself.


> > > What is a "spec home"? If "spec home" means he built it on
> > > the 'speculation' of making a profit, then his profits are
> > > ordinary income.


> > Usually one built to your specifications as opposed to a
> > mass produced home or even an individual home built to an
> > existing plan.


> Keep in mind - the bulk of his profits come from the general
> contractor (GC) fees he avoided by doing the work himself.
> He certainly does not want to pay himself so he can pay the
> self-employment taxes.


I don't see where the OP even suggested this.

- quote -

> Also since he acted as his own GC, he may have a problem
> convincing an auditor that the house was intended to be
> his personal residence.


A friend my mine built a house not far from here and he
acted as his own general contractor, and he still lives in
the house after at least 5 years. I think the issue of the
"intention" can best be inferred from whether or not he ever
lived in it, whether it was his primary residence and for
how long, and why he moved. I assume this is not black and
white.

- quote -

> But even before you get that far, his gain on the house is
> ordinary income because he did not own the house for at least
> the year. He may have an argument on the land.


Agreed.

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #8  
Old 02-14-2006, 05:45 AM
Don Priebe
Guest
 
Posts: n/a
Default Re: Short term/long term

- quote -

> > What is a "spec home"?

> Usually one built to your specifications as opposed to a
> mass produced home or even an individual home built to an
> existing plan.


OR ... a house built on speculation - one where there is not
a purchase contract in existence before construction is
begun. (That's the common usage of the term in our area.)

--
Don EA in Upstate NY

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #7  
Old 02-14-2006, 05:06 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: Short term/long term

Wayne Rivers wrote:

- quote -

> Question:
> If someone owns land and builds a spec home on it and later
> sells it, is the capital gain long term because the land is
> owned over 1 year or short term because the house is sold
> soon after completion?
> In this case, the taxpayer is not planning on doing this as
> a business - should be a one-time shot. He did the general
> contracting himself.


Then it is not a "spec home", rather a "spec"ulative house.
(A house is not a home, but that's another story.)

anyway, it's a short term event, based on completion of the
house, and not the longer term ownership of the underlying
land.

ChEAr$,
Harlan Lunsford, EA n LA

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #6  
Old 02-14-2006, 05:06 AM
L K Williams
Guest
 
Posts: n/a
Default Re: Short term/long term

Dick Adams <rdadams[at]smart.net> wrote:
- quote -

> "Wayne Rivers" <wayne[at]wayneriverscpa.com> wrote:

> > Question:
> > If someone owns land and builds a spec home on it and later
> > sells it, is the capital gain long term because the land is
> > owned over 1 year or short term because the house is sold
> > soon after completion?


> What is a "spec home"? If "spec home" means he built it on
> the 'speculation' of making a profit, then his profits are
> ordinary income.


I've always understood the term to apply to a house built on
"speculation." That is, a house built without intending to
live in it but to sell it upon completion. All with the
speculation that the final sale will result in a profit.

Lanny K. Williams, CPA
Nawarat, Williams & Co., Ltd.
Income Tax Services for Expatriate Americans

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

Tags
short, term, term or long
Similar Threads
Thread Forum Replies Last Post
Long vs Short term gain anomaly
JoeTaxpayer: This is the first I've ever discovered this; While playing with TurboTax and planning some stock sales, I found that a long-term gain of $10,000...
Taxes 2 09-21-2005 06:32 AM
Long to short term loss?
Jerohm: Can you sell a stock with a long term capital loss and buy it back in less than 30 days, effectively converting a long term loss into a short term...
Taxes 8 11-12-2004 05:38 AM



Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

All times are GMT. The time now is 06:59 AM.