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Tax Questions Capital Gains

Capital gains are the profit acquired from selling non-inventory assets like shares, stocks, bonds, precious stones and properties. This form of profit is being taxed by the government which is the capital gains tax. There are different things that must be considered when filing capital gains tax. Basically, the individual is obliged to pay taxes on capital gains through the Internal Revenue Service (IRS). There is also the concept of capital gains and capital losses that must be taken into consideration. Capital loss is the loss incurred because of the depreciation of the asset's value. Capital gains and capital losses have different filing requirement; there is also different requirements for the kind of asset that was sold.

According to the filing requirements of IRS with regards to capital gains tax; if the asset that were sold are bonds, stocks, mutual shares, land held that serves as an investment, the taxpayer should identify if the asset acquired a capital loss or a capital again. In both cases, the tax should be reported on Form 1040-Schedule D. If the asset that were sold are accounts or notes receivable in the ordinary business course or from sales of property or inventory held for sale to clients and account of a business held for sale to clients, these are normally regarded as ordinary income and ordinary loss. The proper forms to be used are: Form 1065 if the taxpayer is in a partnership, Form 1040-Schedule C if self employed, Form 1040-Schedule F if the taxpayer is a farmer or the business deals about farming and Form 1120 or Form 1120-S if the taxpayer is a corporation. If the assets sold are considered depreciable like computers, machines, residential rental properties, cars, trucks, equipments that are already used; the IRC Section 1231 will determine if it will be classified as a capital gain or as an ordinary income. If it will be reported as an ordinary income, the Form 4797 will be used which denotes the sales of business properties otherwise, it will be reported as a capital gain and Form 1040 will be used. If the asset will be classified as ordinary loss based on the IRC 1231 then it will reported on a Form 1040. If the assets that were sold are autos, personal residence, jewelry, furniture, art, coin and stamp collections that were held for personal use, it must be classified first as long-term (assets held for more than one year) or short-term (assets held for less than one year) capital gain. If its short-term capital gains, it will be reported on Form 1040-Part I of Schedule D while if its long-term capital gains, Form 1040-Part II of Schedule D will be used.

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According to the filing requirements of IRS with regards to capital gains tax.

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If its short-term capital gains, it will be reported on Form 1040-Part I of Schedule D while if its long-term capital gains, Form 1040-Part II of Schedule D will be used.

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