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#7
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| On Nov 12, 8:17 am, "Gil Faver" <rowdy'sb...[at]xxyz.com> wrote: - quote - > the easement took up x sq. ft. of the 100 acre farm. What is the basis of
What about the $500 fee. Say the basis is $300, fee is $500, and> the x sq. ft.? use that to calculate the gain, and pay tax. selling price is $1000. Is the capital gain $700 or $200. I would imagine that the $500 is a transaction fee that reduces profits, like commissions when you sell a stock. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#6
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| "jack" <jack[at]yahoo.org> wrote in message news:gfddlh$sej$1[at]registered.motzarella.org... - quote - > "Gil Faver" <rowdy'sboss[at]xxyz.com> wrote in message > news:JJmSk.125384$Mh5.15949[at]bgtnsc04-news.ops.worldnet.att.net... > > > "jack" <jack[at]yahoo.org> wrote in message > > news:gf37sd$rt9$1[at]registered.motzarella.org... > > > A neighbor needs an easement through my property to get electric. > > > > > I have tentatively agreed to allow it for $1,000; $500 for reimbursement > > > of my legal fees and $500 for the easement. > > > > > How do I handle this on my income tax? I presume the reimbursement > > > isn't taxable, but the sale of the easement is. As ordinary income, > > > reduction of the basis on the land, capital gains on sale of the "land", > > > or something else? > > > I recall (years ago) the case of a farmer granting an easement to a power > > company. The price paid was not all that great (few thousand?), and it > > was held that he had to prorate the basis of the property and pay capital > > gain tax right there and then, not just lower his basis and pay it > > "someday". > > > But, I sure wouldn't do it this way for chump change. - quote - > What does "prorate the basis of the property and pay capital gain tax
the easement took up x sq. ft. of the 100 acre farm. What is the basis of> right there" mean? the x sq. ft.? use that to calculate the gain, and pay tax. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#5
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| "Gil Faver" <rowdy'sboss[at]xxyz.com> wrote in message news:JJmSk.125384$Mh5.15949[at]bgtnsc04-news.ops.worldnet.att.net... - quote - > "jack" <jack[at]yahoo.org> wrote in message
there" mean?> news:gf37sd$rt9$1[at]registered.motzarella.org... > > A neighbor needs an easement through my property to get electric. > > > I have tentatively agreed to allow it for $1,000; $500 for reimbursement > > of my legal fees and $500 for the easement. > > > How do I handle this on my income tax? I presume the reimbursement isn't > > taxable, but the sale of the easement is. As ordinary income, reduction > > of the basis on the land, capital gains on sale of the "land", or > > something else? > I recall (years ago) the case of a farmer granting an easement to a power > company. The price paid was not all that great (few thousand?), and it > was held that he had to prorate the basis of the property and pay capital > gain tax right there and then, not just lower his basis and pay it > "someday". > But, I sure wouldn't do it this way for chump change. What does "prorate the basis of the property and pay capital gain tax right Pay tax on the easement pay? That's not a big deal. - quote - > From the way you phrase it though, I presume you mean more than that.
--<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#4
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| "jack" <jack[at]yahoo.org> wrote in message news:gf37sd$rt9$1[at]registered.motzarella.org... - quote - > A neighbor needs an easement through my property to get electric.
I recall (years ago) the case of a farmer granting an easement to a power> I have tentatively agreed to allow it for $1,000; $500 for reimbursement > of my legal fees and $500 for the easement. > How do I handle this on my income tax? I presume the reimbursement isn't > taxable, but the sale of the easement is. As ordinary income, reduction > of the basis on the land, capital gains on sale of the "land", or > something else? company. The price paid was not all that great (few thousand?), and it was held that he had to prorate the basis of the property and pay capital gain tax right there and then, not just lower his basis and pay it "someday". But, I sure wouldn't do it this way for chump change. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#3
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| <removeps-groups[at]yahoo.com> wrote in message news:afd2b145-705a-44be-8149-f6d0e4620060[at]a3g2000prm.googlegroups.com... - quote - > On Nov 8, 9:11 am, "Paul Thomas, CPA" <paulthomascp...[at]bellsouth.net> wrote:
It can't be. "Rents" are meant to be periodic payments (even if they occur> > "jack" <j...[at]yahoo.org> wrote > > > A neighbor needs an easement through my property to get electric. > > > > I have tentatively agreed to allow it for $1,000; $500 for reimbursement > > > of my legal fees and $500 for the easement. > > > > How do I handle this on my income tax? I presume the reimbursement isn't > > > taxable, but the sale of the easement is. As ordinary income, reduction > > > of the basis on the land, capital gains on sale of the "land", or > > > something else? > Could it be Schedule E rental income? That would allow you to include > the $1000 as income, and $500 fees as an expense. once). This is a sale of property rights. - quote - > > Are you giving the easement to the landowner or the power company?
Yes, there is a basis reduction (also) - but that's because part of the> > > The easement isn't a "sale" of the land. It's still in your name, you pay > > property tax on that strip (or the spots where the poles are), and you can > > sell ""that land"" and he can not (although a sale of his land would > > presumably be inclusive of the easement rights). It's been a while since I > > last looked into this type of thing, but I suspect that it's a basis > > reduction as you lose the use of that land, or at least the use is > > restricted. > But a basic reduction would increase your capital gains when you > eventually sell (assuming you are above the exclusion). So it sounds > strange that you have to pay additional tax for allowing someone else > to use your land. asset has already been sold. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#2
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| On Nov 8, 9:11 am, "Paul Thomas, CPA" <paulthomascp...[at]bellsouth.netwrote: - quote - > "jack" <j...[at]yahoo.org> wrote
Could it be Schedule E rental income? That would allow you to include> > A neighbor needs an easement through my property to get electric. > > I have tentatively agreed to allow it for $1,000; $500 for reimbursement > > of my legal fees and $500 for the easement. > > How do I handle this on my income tax? I presume the reimbursement isn't > > taxable, but the sale of the easement is. As ordinary income, reduction > > of the basis on the land, capital gains on sale of the "land", or > > something else? the $1000 as income, and $500 fees as an expense. - quote - > Are you giving the easement to the landowner or the power company?
But a basic reduction would increase your capital gains when you> The easement isn't a "sale" of the land. It's still in your name, you pay > property tax on that strip (or the spots where the poles are), and you can > sell ""that land"" and he can not (although a sale of his land would > presumably be inclusive of the easement rights). It's been a while since I > last looked into this type of thing, but I suspect that it's a basis > reduction as you lose the use of that land, or at least the use is > restricted. eventually sell (assuming you are above the exclusion). So it sounds strange that you have to pay additional tax for allowing someone else to use your land. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#1
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| "Paul Thomas, CPA" <paulthomascpapc[at]bellsouth.net> wrote in message news:sJjRk.66554$vX2.49879[at]bignews6.bellsouth.net... - quote - > "jack" <jack[at]yahoo.org> wrote
was never specified.> > A neighbor needs an easement through my property to get electric. > > > I have tentatively agreed to allow it for $1,000; $500 for reimbursement > > of my legal fees and $500 for the easement. > > > How do I handle this on my income tax? I presume the reimbursement isn't > > taxable, but the sale of the easement is. As ordinary income, reduction > > of the basis on the land, capital gains on sale of the "land", or > > something else? > Are you giving the easement to the landowner or the power company? Thats a good question. I assumed I was giving it to the landowner, but it I guess I will find out when I get the written document. -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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| "jack" <jack[at]yahoo.org> wrote - quote - > A neighbor needs an easement through my property to get electric. > I have tentatively agreed to allow it for $1,000; $500 for reimbursement > of my legal fees and $500 for the easement. > How do I handle this on my income tax? I presume the reimbursement isn't > taxable, but the sale of the easement is. As ordinary income, reduction > of the basis on the land, capital gains on sale of the "land", or > something else? Are you giving the easement to the landowner or the power company? The easement isn't a "sale" of the land. It's still in your name, you pay property tax on that strip (or the spots where the poles are), and you can sell ""that land"" and he can not (although a sale of his land would presumably be inclusive of the easement rights). It's been a while since I last looked into this type of thing, but I suspect that it's a basis reduction as you lose the use of that land, or at least the use is restricted. -- Paul A. Thomas, CPA Watkinsville, Georgia -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
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#-1
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| A neighbor needs an easement through my property to get electric. I have tentatively agreed to allow it for $1,000; $500 for reimbursement of my legal fees and $500 for the easement. How do I handle this on my income tax? I presume the reimbursement isn't taxable, but the sale of the easement is. As ordinary income, reduction of the basis on the land, capital gains on sale of the "land", or something else? -- << ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- > |
| Tags |
| deal, easement, payment |
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