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  #7  
Old 11-13-2008, 03:16 PM
removeps-groups@yahoo.com
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Default Re: How to deal with payment for easement?

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
> the x sq. ft.? use that to calculate the gain, and pay tax.


What about the $500 fee. Say the basis is $300, fee is $500, and
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.

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<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #6  
Old 11-12-2008, 03:17 PM
Gil Faver
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Default Re: How to deal with payment for easement?


"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
> right there" mean?


the easement took up x sq. ft. of the 100 acre farm. What is the basis of
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. > << ------------------------------------------------------- >
  #5  
Old 11-12-2008, 03:33 AM
jack
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Default Re: How to deal with payment for easement?


"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
> 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
there" mean?

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. > << ------------------------------------------------------- >
  #4  
Old 11-11-2008, 08:37 PM
Gil Faver
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Posts: n/a
Default Re: How to deal with payment for easement?


"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 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.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #3  
Old 11-09-2008, 09:37 PM
D. Stussy
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Posts: n/a
Default Re: How to deal with payment for easement?

<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:
> > "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.


It can't be. "Rents" are meant to be periodic payments (even if they occur
once).

This is a sale of property rights.

- quote -

> > 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.

> 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.


Yes, there is a basis reduction (also) - but that's because part of the
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. > << ------------------------------------------------------- >
  #2  
Old 11-09-2008, 07:20 PM
removeps-groups@yahoo.com
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Posts: n/a
Default Re: How to deal with payment for easement?

On Nov 8, 9:11 am, "Paul Thomas, CPA" <paulthomascp...[at]bellsouth.netwrote:
- quote -

> "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.


- quote -

> 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.


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.

--
<< ------------------------------------------------------- > << 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. > << ------------------------------------------------------- >
  #1  
Old 11-08-2008, 11:20 PM
jack
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Posts: n/a
Default Re: How to deal with payment for easement?


"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
> > 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
was never specified.
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. > << ------------------------------------------------------- >
 
Old 11-08-2008, 04:11 PM
Paul Thomas, CPA
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Default Re: How to deal with payment for easement?


"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. > << ------------------------------------------------------- >
  #-1  
Old 11-08-2008, 02:31 PM
jack
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Default How to deal with payment for easement?

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. > << ------------------------------------------------------- >
 

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