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  • 1.  Sch E Cap Improvements

    Posted 01-22-2014 12:01 PM
    A client's spouse solely owned a residential rental property (she inherited it in '04), and sold it in 2013 for a large gain. She remained the sole owner until it's sale. They file a joint return. (FMV at decedent's date of death used as her beginning basis) Her husband, a part time contractor, did several of the improvements himself over the years, and they only deducted the materials for most of this work. If he billed for his labor, would it qualify as additional basis to the property? If he billed it now (assume $7500- or 10000-),and it was added to basis, would that hold up?
     

     

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    Martin Cohen
    MARTIN H. COHEN, CPA
    West Hempstead NY

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  • 2.  RE:Sch E Cap Improvements

    Platinum Most Valuable Member
    Posted 01-22-2014 12:22 PM


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    Abby Alhante
    KURCIAS & ALHANTE, CPAs LLC
    Woodbury NY
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    I question the strategy.

    He would have to report the income, hence for the joint return  you would have service income thru his business, then  this would increase basis as an improvement , and decrease a potential capital gain.    

    hence you just converted capital gain to OI....

    is that what you want, or am I not seeing it clearly here.?

    deal with this hurdle first....







  • 3.  RE:Sch E Cap Improvements

    Platinum Most Valuable Member
    Posted 01-26-2014 12:47 PM
    Martin
    I agree with Abey.  In addition, if the taxpayer chooses to show labor as an income, to incrrease the cost basis of the property, will he not be subject to self employment tax on the income being reported?

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    David Rothfeld
    DAVID J. ROTHFELD, CPA
    Hicksville NY
    516-433-2129
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  • 4.  RE:Sch E Cap Improvements

    Posted 01-22-2014 12:33 PM
    This couple has been in the -0- bracket the last few years (when the work was done), so if he claimed the additional income it wouldn't affect their tax liability.

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    Martin Cohen
    MARTIN H. COHEN, CPA
    West Hempstead NY

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  • 5.  RE:Sch E Cap Improvements

    Platinum Most Valuable Member
    Posted 01-22-2014 12:36 PM

    for the benefit of all... we should reply to the discussion... as other may chime

    so then would you amend prior  returns to support the error of not charging labor...?

    is sales tax a factor?

    see the question is  it bona fide  or contrived for tax avoidance. and they are related parties. I believe.   so the question is are you comfortable with explaining this , if asked.

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    Abby Alhante
    KURCIAS & ALHANTE, CPAs LLC
    Woodbury NY
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  • 6.  RE:Sch E Cap Improvements

    Platinum Most Valuable Member
    Posted 02-05-2014 07:09 AM
    Marty: That would never hold up for many reasons. Besides, assume the wife actually paid her husband, it reduces the cqpital gain and creates ordinary income for him subject to SE. Robert

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    Robert Brown
    ROBERT N. BROWN, CPA
    Jericho NY

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