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for longer than 1 year per 26 U.S. Code § 1222. Other terms relating to capital gains andlosses.(3)Long-term capital gainThe term “long-term capital gain” means gainfrom the saleor exchange of a capital assetheld for more than 1 year,if and to the extent such gainis taken into account in computing gross income.(4)Long-term capital lossThe term “long-term capital loss” means lossfrom the saleor exchange of a capital assetheld for more than 1 year,if and to the extent that such lossis taken into account in computing taxable income.Next, we will need to identify the tax consequences on the sale or exchange of the land consistent with capital gain rules. Consider the selling expense, broker’sfees, closing costs, appraisals, and surveys and the correct schedule form to complete.The tax consequences of the disposition of Bob’s land is that the gain will be taxed as net long-term gain rather than ordinary income under U.S. tax code Sec. 1231 gain. The gain will be reported on IRS Form 4797, Sales of Business Property and then will flow to Schedule D (Form 1040), Capital Gains and Losses. All selling expenses, broker’s fees, closing costs, appraisals, and surveys can be included as the basis for the property. This will lower the reportable gain.
Describe the after-tax effects on the client’s cash flow based on the sale of the land that is needed to provide the funds necessary to start the business.