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Subject Author Date
cap gain Billy 08-28-2007
---> Re: cap gain Arthur Kamlet08-29-2007
Posted by Mark Bole on September 1, 2007, 9:42 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?

Which country(s) tax laws was he subject to for the years in question?

If the property was used in a business conducted overseas and he was not
subject to U.S. tax law at the time, then I'm guessing neither the
income nor expenses (including depreciation) from that business are
relevant to the tax return in question.

-Mark Bole

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Posted by Seth on September 5, 2007, 10:58 am
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>> What if it wasn't depreciable in the UK, even though it
>> would have been in the US?

> Which country(s) tax laws was he subject to for the years in question?
>
> If the property was used in a business conducted overseas and he was not
> subject to U.S. tax law at the time, then I'm guessing neither the
> income nor expenses (including depreciation) from that business are
> relevant to the tax return in question.

How would he calculate his basis?

(There have been loopholes involving depreciation-law
differences. At one time, UK depreciation belonged to the
nominal owner; US depreciation belonged to the beneficial
owner. So if a UK company bought an airplane and leased it
to a US company, with the lessor having the right to buy it
for $1 after 10 years, they could both take the
depreciation.)

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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