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recharacterizing gain from short-term to long-term increases tax, what to do!

 

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recharacterizing gain from short-term to long-term increases tax, what to do! removeps-groups@yahoo.com 04-07-2008
Posted by removeps-groups@yahoo.com on April 28, 2008, 10:30 pm
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On Apr 27, 5:19 pm, kam...@panix.com (Arthur Kamlet) wrote:

> See lines 18 & 19 of the Qualified Dividends and Capital Gains
> Worksheet on page 35 of the Form 1040 instructions.
> Line 18 asks you to figure the tax on your taxable income without
> taking into account any special lower rates. Line 19 asks you to
> choose the lower of line 18 or your tax calculated with the lower
> tax rate applied.

Line 18 and line 19 are not sufficient to generate the lower tax.
Turns out my example is too simplistic; the real scenario has several
thousand dollars of qualified dividends and long term gains. Line 18
asks you to compute the tax on your entire taxable income using the
tax table. This means that all the qualified dividends and long term
gains (several thousand dollars) would be taxed at ordinary income
rates, which is roughly 25% in my scenario -- the person's salary
alone puts them in the 25% bracket. So I want the 15% rate for these
qualified dividends and capital gains. It's just the single capital
gain of $35 that I want to be treated as short term. Is it possible
by section 163?

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Posted by Arthur Kamlet on April 29, 2008, 12:43 pm
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>On Apr 27, 5:19 pm, kam...@panix.com (Arthur Kamlet) wrote:
>
>> See lines 18 & 19 of the Qualified Dividends and Capital Gains
>> Worksheet on page 35 of the Form 1040 instructions.
>> Line 18 asks you to figure the tax on your taxable income without
>> taking into account any special lower rates. Line 19 asks you to
>> choose the lower of line 18 or your tax calculated with the lower
>> tax rate applied.
>
>Line 18 and line 19 are not sufficient to generate the lower tax.
>Turns out my example is too simplistic; the real scenario has several
>thousand dollars of qualified dividends and long term gains. Line 18
>asks you to compute the tax on your entire taxable income using the
>tax table. This means that all the qualified dividends and long term
>gains (several thousand dollars) would be taxed at ordinary income
>rates, which is roughly 25% in my scenario -- the person's salary
>alone puts them in the 25% bracket. So I want the 15% rate for these
>qualified dividends and capital gains. It's just the single capital
>gain of $35 that I want to be treated as short term. Is it possible
>by section 163?


I wouldn't use that. I would calculate based on modifying the worksheet
in order to not pay any more tax when applying the 15% rate to LT gains
and Q.D. and then disclose this recalculation of a few bucks on form
8275.
--


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 (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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