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Subject Author Date
cap gain Billy 08-28-2007
---> Re: cap gain Arthur Kamlet08-29-2007
Posted by Billy on August 28, 2007, 4:29 pm
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My friend is an ex violinist for London Symphony.

He is married to a US citizen, living in Syracuse, NY but is
not a citizen himself by choice.

He purchased a violin in the UK 30 yrs.ago and used it for
his work, for $10K (US $ equivalent) and sold it in the US
recently to a collector for $35K.

He asked me how this might be taxed?

Is this a capital gain or collectible or taxable at all in
US?

tks all

bill

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Posted by Arthur Kamlet on August 29, 2007, 1:31 am
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> My friend is an ex violinist for London Symphony.
>
> He is married to a US citizen, living in Syracuse, NY but is
> not a citizen himself by choice.
>
> He purchased a violin in the UK 30 yrs.ago and used it for
> his work, for $10K (US $ equivalent) and sold it in the US
> recently to a collector for $35K.
>
> He asked me how this might be taxed?
>
> Is this a capital gain or collectible or taxable at all in
> US?

Was this used in his job? Did he depreciate it or should he
have been depreciating it?

In any case he has a gain upon sale and it would sure be
taxable.

If this is business equipment, it is reported on a 4797 and
ends up ordinary income. If personal use property, long
term gain, not a collectible unless the Secretary has
determined that musical instruments are collectibles.

--
ArtKamlet at a o l dot c o m Columbus OH K2PZH

<< ------------------------------------------------------- >>
<< 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 (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Billy on August 30, 2007, 11:20 pm
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>> My friend is an ex violinist for London Symphony.
>>
>> He is married to a US citizen, living in Syracuse, NY but is
>> not a citizen himself by choice.
>>
>> He purchased a violin in the UK 30 yrs.ago and used it for
>> his work, for $10K (US $ equivalent) and sold it in the US
>> recently to a collector for $35K.
>>
>> He asked me how this might be taxed?
>>
>> Is this a capital gain or collectible or taxable at all in
>> US?

> Was this used in his job? Did he depreciate it or should he
> have been depreciating it?
>
> In any case he has a gain upon sale and it would sure be
> taxable.
>
> If this is business equipment, it is reported on a 4797 and
> ends up ordinary income. If personal use property, long
> term gain, not a collectible unless the Secretary has
> determined that musical instruments are collectibles.

tks Art, was used in his profession while in UK but not
here. Not sure if it was depreciated but will find out.
Thge violin was sold to a collector here.

more later.

bw

<< ------------------------------------------------------- >>
<< 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 Stuart Bronstein on September 1, 2007, 12:07 am
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> tks Art, was used in his profession while in UK but not
> here. Not sure if it was depreciated but will find out.
> Thge violin was sold to a collector here.

I haven't researched this issue, but it's possible the
"allowed or allowable" language in the code could make
whether or not he actually took depreciation in the UK
irrelevant to determining the amount of his gain.

Stu

<< ------------------------------------------------------- >>
<< 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 Seth on September 1, 2007, 7:09 pm
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>> tks Art, was used in his profession while in UK but not
>> here. Not sure if it was depreciated but will find out.
>> Thge violin was sold to a collector here.

> I haven't researched this issue, but it's possible the
> "allowed or allowable" language in the code could make
> whether or not he actually took depreciation in the UK
> irrelevant to determining the amount of his gain.

What if it wasn't depreciable in the UK, even though it
would have been in the US?

Seth

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