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#9
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| removeps-groups[at]yahoo.com wrote: - quote - > On Feb 9, 4:02 pm, Alan <sfcnm-...[at]yahoo.com> wrote:
No. I see nothing nothing in (b)(1)(ii) that mentions "real> > removeps-gro...[at]yahoo.com wrote: > > > Where does it say that IRC 266 applies only to undeveloped land? > > > http://www.taxalmanac.org/index.php/...de:Sec._266._C... > > Treasury Regulation 1.266-1(b)(1) > If you own a house but don't rent it, live in it -- that is, it is > purely for investment -- then does it satisfy 1.266-1(b)(i)? property taxes" of a vacant home held for investment. - quote - > Though from reading 1.266, it looks like 1.266-1(b)(2) allows you
--> carry capital costs for real property. Maybe I read it wrong, but > here goes: > http://edocket.access.gpo.gov/cfr_20...cfr1.266-1.htm > (b) Taxes and carrying charges. (1) The taxpayer may elect, as > provided in paragraph (c) of this section, to treat the items > enumerated > in this subparagraph which are otherwise expressly deductible under > the > provisions of Subtitle A of the Code as chargeable to capital account > either as a component of original cost or other basis, for the > purposes > of section 1012, or as an adjustment to basis, for the purposes of > section 1016(a)(1). The items thus chargeable to capital account are: > (i) In the case of unimproved and unproductive real property: > Annual > taxes, interest on a mortgage, and other carrying charges. > (ii) In the case of real property, whether improved or unimproved > and whether productive or unproductive: > (a) Interest on a loan (but not theoretical interest of a > taxpayer > using his own funds), > (b) Taxes of the owner of such real property measured by > compensation paid to his employees, > (c) Taxes of such owner imposed on the purchase of materials, or > on > the storage, use, or other consumption of materials, and > (d) Other necessary expenditures, paid or incurred for the > development of the real property or for the construction of an > improvement or additional improvement to such real property, up to > the > time the development or construction work has been completed. The > development or construction work with respect to which such items are > incurred may relate to unimproved and unproductive real estate > whether > the construction work will make the property productive of income > subject to tax (as in the case of a factory) or not (as in the case of > a > personal residence), or may relate to property already improved or > productive (as in the case of a plant addition or improvement, such > as > the construction of another floor on a factory or the installation of > insulation therein). << ------------------------------------------------------- > << 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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#8
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| On Feb 9, 4:02 pm, Alan <sfcnm-...[at]yahoo.com> wrote: - quote - > removeps-gro...[at]yahoo.com wrote:
If you own a house but don't rent it, live in it -- that is, it is> > Where does it say that IRC 266 applies only to undeveloped land? > > http://www.taxalmanac.org/index.php/...de:Sec._266._C... > Treasury Regulation 1.266-1(b)(1) purely for investment -- then does it satisfy 1.266-1(b)(i)? Though from reading 1.266, it looks like 1.266-1(b)(2) allows you carry capital costs for real property. Maybe I read it wrong, but here goes: http://edocket.access.gpo.gov/cfr_20...cfr1.266-1.htm (b) Taxes and carrying charges. (1) The taxpayer may elect, as provided in paragraph (c) of this section, to treat the items enumerated in this subparagraph which are otherwise expressly deductible under the provisions of Subtitle A of the Code as chargeable to capital account either as a component of original cost or other basis, for the purposes of section 1012, or as an adjustment to basis, for the purposes of section 1016(a)(1). The items thus chargeable to capital account are: (i) In the case of unimproved and unproductive real property: Annual taxes, interest on a mortgage, and other carrying charges. (ii) In the case of real property, whether improved or unimproved and whether productive or unproductive: (a) Interest on a loan (but not theoretical interest of a taxpayer using his own funds), (b) Taxes of the owner of such real property measured by compensation paid to his employees, (c) Taxes of such owner imposed on the purchase of materials, or on the storage, use, or other consumption of materials, and (d) Other necessary expenditures, paid or incurred for the development of the real property or for the construction of an improvement or additional improvement to such real property, up to the time the development or construction work has been completed. The development or construction work with respect to which such items are incurred may relate to unimproved and unproductive real estate whether the construction work will make the property productive of income subject to tax (as in the case of a factory) or not (as in the case of a personal residence), or may relate to property already improved or productive (as in the case of a plant addition or improvement, such as the construction of another floor on a factory or the installation of insulation therein). -- << ------------------------------------------------------- > << 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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#7
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| removeps-groups[at]yahoo.com wrote: - quote - > On Feb 4, 11:50 am, Katie <katiej_1...[at]yahoo.com> wrote: > > However, if the property is undeveloped land, you can elect tocapitalizethe taxes, interest and other carrying charges under IRC > > Sec. 266. > Where does it say that IRC 266 applies only to undeveloped land? > http://www.taxalmanac.org/index.php/...rrying_charges Treasury Regulation 1.266-1(b)(1) -- << ------------------------------------------------------- > << 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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| <lotax[at]hotmail.com> wrote in message news:1ffcd066-8a9f-43df-844e-aa12d49ed192[at]u13g2000yqg.googlegroups.com... - quote - > On Feb 4, 3:27?pm, "D. Stussy" <s...[at]bde-arc.ampr.org> wrote:
IRC 56(b)(1)(ii). As real property taxes are not deductible under AMT, the> > "NadCixelsyd" <nadcixel...[at]aol.com> wrote in message > > news:f2c9aeb1-896c-49ee-ac95-9c91e1d30131[at]q30g2000prq.googlegroups.com... > > > > Ipay the AMT. ?My real estate taxes are not deducted. ? May I add the > > > tax to the cost basis of my property? > > > Yes, but only for AMT purposes. ?This means that you will have a different > > basis for AMT than for the regular tax. ?When you sell the property, you > > need to remember this fact. > > > -- > "...only for AMT...." Where did that answer come from? I would > *love* to know how to do this!!! Tell me how!! pro-rated share of real property taxes charged at acquisition or sale (i.e. in escrow) are addtional costs chargable to the capital account per IRC 263(a)(1) and/or 263A(a)(2)(B). It's treated just like any other fee or cost in the transaction that's not currently deductible in computing basis or disposition on sale. -- << ------------------------------------------------------- > << 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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| - quote - > > Where does it say that IRC 266 applies only to undeveloped land?<<
I don't think it says that; should it?-- << ------------------------------------------------------- > << 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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| On Feb 4, 3:27�pm, "D. Stussy" <s...[at]bde-arc.ampr.org> wrote: - quote - > "NadCixelsyd" <nadcixel...[at]aol.com> wrote in message
*love* to know how to do this!!! Tell me how!!> news:f2c9aeb1-896c-49ee-ac95-9c91e1d30131[at]q30g2000prq.googlegroups.com... > > Ipay the AMT. �My real estate taxes are not deducted. � May I add the > > tax to the cost basis of my property? > Yes, but only for AMT purposes. �This means that you will have a different > basis for AMT than for the regular tax. �When you sell the property, you > need to remember this fact. > -- "...only for AMT...." Where did that answer come from? I would -- << ------------------------------------------------------- > << 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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| On Feb 4, 11:50 am, Katie <katiej_1...[at]yahoo.com> wrote: - quote - > However, if the property is undeveloped land, you can elect tocapitalizethe taxes, interest and other carrying charges under IRC
Where does it say that IRC 266 applies only to undeveloped land?> Sec. 266. http://www.taxalmanac.org/index.php/...rrying_charges -- << ------------------------------------------------------- > << 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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| Katie <katiej_1958[at]yahoo.com> wrote: - quote - > On Feb 4, 11:00*am, NadCixelsyd <nadcixel...[at]aol.com> wrote:
Another thing to consider is if your Schedule A deduction was> > I pay the AMT. My real estate taxes are not deducted. May I add the > > tax to the cost basis of my property? > No. > However, if the property is undeveloped land, you can elect to > capitalize the taxes, interest and other carrying charges under IRC > Sec. 266. effectively limited by AMT, you might be able to, in the following tax year, exclude some of your state tax refund as income. (This issue has been discussed here in the past, and there were multiple opinions.) Steve -- << ------------------------------------------------------- > << 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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| "NadCixelsyd" <nadcixelsyd[at]aol.com> wrote in message news:f2c9aeb1-896c-49ee-ac95-9c91e1d30131[at]q30g2000prq.googlegroups.com... - quote - > Ipay the AMT. My real estate taxes are not deducted. May I add the
Yes, but only for AMT purposes. This means that you will have a different> tax to the cost basis of my property? basis for AMT than for the regular tax. When you sell the property, you need to remember this fact. -- << ------------------------------------------------------- > << 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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| On Feb 4, 11:00*am, NadCixelsyd <nadcixel...[at]aol.com> wrote: - quote - > Ipay the AMT. *My real estate taxes are not deducted. * May I add the > tax to the cost basis of my property? No. However, if the property is undeveloped land, you can elect to capitalize the taxes, interest and other carrying charges under IRC Sec. 266. Katie in San Diego -- << ------------------------------------------------------- > << 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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| Ipay the AMT. My real estate taxes are not deducted. May I add the tax to the cost basis of my property? -- << ------------------------------------------------------- > << 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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