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Subject Author Date
Sale of Real Estate Tax Shelter Ron Rosenfeld 04-13-2008
Posted by Ron Rosenfeld on April 13, 2008, 10:47 am
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This is actually planning for 2008 taxes :-)

A few weeks ago, an apartment building in which I was a Limited Partner
(since the early 1980's) was sold.

I am looking for assistance, or reading references, to try to figure out my
tax liability.

There will be a gain, and I have no unused passive losses.

There was an initial investment; and there have been distributions, over
the years, of a portion of that initial investment.

Information distributed last year by the partnership indicated that my net
gain would be the sum of:
        Distribution of the (remainder of) the net cash invested
        Distribution of the proceeds of the sale of the property
Less
        The capital account amount on my K-1 (tax basis)

That part is clear and I can do those calculations easily enough with the
actual data.

But on that breakdown, they also show a portion of the gain being taxed at
25% (the bulk of the gain); and a smaller amount of the gain being taxed at
15%.

I can't tell, from the information provided, how they are determining that
breakdown.

Any suggestions would be appreciated.

Thanks.
--ron

========================================= MODERATOR'S COMMENT:
- why not ask them as well?

--
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Posted by removeps-groups@yahoo.com on April 14, 2008, 6:24 pm
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> Information distributed last year by the partnership indicated that my net
> gain would be the sum of:
>         Distribution of the (remainder of) the net cash invested
>         Distribution of the proceeds of the sale of the property
>    Less
>         The capital account amount on my K-1 (tax basis)

You mean the return of capital (first line above) is taxable?

> But on that breakdown, they also show a portion of the gain being taxed at
> 25% (the bulk of the gain); and a smaller amount of the gain being taxed at
> 15%.

Gain or loss on business property is taxed at 25%. If some of the
capital was invested in stocks, maybe it would be taxed at 15%. Not
sure though.

> Any suggestions would be appreciated.

> ========================== MODERATOR'S COMMENT:
> - why not ask them as well?

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

Posted by 123go on April 14, 2008, 7:32 pm
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> This is actually planning for 2008 taxes :-)
>
> A few weeks ago, an apartment building in which I was a Limited Partner
> (since the early 1980's) was sold.
>
> I am looking for assistance, or reading references, to try to figure out
my
> tax liability.
>
> There will be a gain, and I have no unused passive losses.
>
> There was an initial investment; and there have been distributions, over
> the years, of a portion of that initial investment.
>
> Information distributed last year by the partnership indicated that my net
> gain would be the sum of:
> Distribution of the (remainder of) the net cash invested
> Distribution of the proceeds of the sale of the property
> Less
> The capital account amount on my K-1 (tax basis)
>
> That part is clear and I can do those calculations easily enough with the
> actual data.
>
> But on that breakdown, they also show a portion of the gain being taxed at
> 25% (the bulk of the gain); and a smaller amount of the gain being taxed
at
> 15%.
>
> I can't tell, from the information provided, how they are determining that
> breakdown.
>
> Any suggestions would be appreciated.
>
> Thanks.
> --ron
>
> ========================================= MODERATOR'S COMMENT:
> - why not ask them as well?


now, there's a thought!

I would imagine the 25% would be on depreciation recapture and the 15% would
be on capital gain beyond 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. >>
<< ------------------------------------------------------- >>

Posted by Ron Rosenfeld on April 14, 2008, 9:46 pm
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wrote:


>========================================= MODERATOR'S COMMENT:
>- why not ask them as well?

To Moderator: I have put in a request to them for that information, but I
have found it often takes quite a while to get back a response.

With respect to "remove-ps" note, I believe it is not that the return of
capital is directly taxable, but rather that its return alters the basis.

With respect to "123go", I believe what you write makes sense, but I am
having trouble reconciling the depreciation numbers provided and the
calculations made. There clearly is gain over and above the amount of
depreciation taken.

However, in the "Gain" computation (for the total project -- not just my
share), one of the items is "Accum Dep". This is $4.363 million. But in
the tax computation, there is an item for Taxes @ 25% on $4.2 million or
$1,050,000. There is another item for Taxes @ 15% of $33,577.

The numbers don't add up to the calculated gain (about $36K short).

I suppose I'll just have to wait until the Developer responds.
--ron

--
<< ------------------------------------------------------- >>
<< 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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