Pub. 17, Chapter 14 - Basis of Property
There are many times when you cannot use cost as a basis. In these cases, the
fair market value or the adjusted basis of certain property may be used. Fair market value
and adjusted basis were discussed earlier.
Property Received for Services
If you receive property for your services, include the property's FMV in
income. The amount you include in income becomes your basis. If the services were
performed for a price agreed on beforehand, the price will be accepted as the FMV of the
property if there is no evidence to the contrary.
Restricted property. If you receive property for your services
and the property is subject to certain restrictions, your basis in the
property is its FMV when it becomes substantially vested. However, this
rule does not apply if you make an election to include in income the
FMV of the property at the time it is transferred to you, less any amount
you paid for it. Property becomes substantially vested when your rights
in the property or the rights of any person to whom you transfer the
property are not subject to a substantial risk of forfeiture. For more
information, see Restricted Property Received for Services in
Publication 525.
Bargain purchases. A bargain purchase is a purchase of an
item for less than its FMV. If, as compensation for services, you buy
goods or other property at less than FMV, include the difference between
the purchase price and the property's FMV in your income. Your basis
in the property is its FMV (your purchase price plus the amount you
include in income).
If the difference between your purchase price and the FMV is a qualified
employee discount, do not include the difference in income. However, your basis in the
property is still its FMV. See Qualified Employee Discount in chapter 4 of Publication 535.
Taxable Exchanges
A taxable exchange is one in which the gain is taxable or the loss is
deductible. If you receive property in exchange for other property in a taxable exchange,
the basis of the property you receive is usually its FMV at the time of the exchange.
Involuntary Conversions
If you receive property as a result of an involuntary conversion, such as a
casualty, theft, or condemnation, you may figure the basis of the replacement property you
receive using the basis of the old property.
Similar or related property. If you receive
property that is similar or related in service or use to the old property,
the replacement property's basis is the same as the old property's basis
on the date of the conversion. However, you must make certain adjustments
as indicated next.
- Decrease the basis by the following items.
- Any loss you recognize on the conversion.
- Any money you receive that you do not spend on similar property.
- Increase the basis by the following items.
- Any gain you recognize on the conversion.
- Any cost of acquiring the replacement property.
Money or property that is not similar or related.
If you receive money or property that is not similar or related in service
or use to the old property and you buy replacement property that is
similar or related in service or use to the old property, the basis
of the replacement property is its cost decreased by the gain not recognized
on the conversion.
Example. The state condemned your property. The adjusted
basis of the property was $26,000, and the state paid you $31,000 for
it. You realized a gain of $5,000 ($31,000 - $26,000). You bought replacement
property that is similar in use to the old property for $29,000. You
recognize a gain of $2,000 ($31,000 - $29,000), the unspent part of
the payment from the state. Your gain not recognized is $3,000, the
difference between the $5,000 realized gain and the $2,000 recognized
gain. You figure the basis of the replacement property as follows:
Cost of replacement property |
$29,000 |
Minus: Gain not recognized |
3,000 |
Basis of replacement property |
$26,000 |
Nontaxable Exchanges
A nontaxable exchange is an exchange in which you are not taxed on any gain and
you cannot deduct any loss. If you receive property in a nontaxable exchange, its basis is
generally the same as the basis of the property you transferred. See Nontaxable Trades in
chapter 15.
Like-Kind Exchanges
The exchange of property for the same kind of property is the most common type
of nontaxable exchange. To be a like-kind exchange, the property traded and the property
received must be both of the following.
- Qualifying property.
- Like property.
The basis of the property you receive is generally the same as the basis of the
property you gave up. If you trade property in a like-kind exchange and also pay money,
the basis of the property received is the basis of the property you gave up increased by
the money paid.
Qualifying property. In a like-kind exchange,
you must hold for investment or for productive use in your trade or
business both the property you give up and the property you receive.
Like property. There must be an exchange of
like property. The exchange of real estate for real estate or personal
property for similar personal property is an exchange of like property.
Example. You trade in an old truck used in your business,
which has an adjusted basis of $1,700, for a new one costing $6,800.
The dealer allows you $2,000 on the old truck, and you pay $4,800. This
is a like-kind exchange. The basis of the new truck is $6,500 (the adjusted
basis of the old one, $1,700, plus the amount you paid, $4,800).
If you sell your old truck to a third party instead for $2,000 and then buy the
new one from the dealer, you have a taxable gain of $300 on the sale ($2,000 sale price
minus $1,700 basis). The basis of the new truck is the price you pay the dealer for it.
Partially nontaxable exchange. A partially
nontaxable exchange is an exchange in which you receive unlike property
or money in addition to like property. The basis of the property you
receive is the basis of the property you gave up, with the following
adjustments.
- Decrease the basis by the following items.
- Any money you receive in the exchange.
- Any loss you recognize on the exchange.
- Increase the basis by the following items.
- Additional costs you incur for the exchange, such as brokerage commissions.
- Any gain you recognize on the exchange.
Allocate the basis among the properties, other than money, you received in the
exchange. In making this allocation, the basis of the unlike property is its FMV on the
date of the exchange. The remainder is the basis of the like property.
More information. See Like-Kind Exchanges
in chapter 1 of Publication 544,
for more information.
Property Transferred From a Spouse
The basis of property your spouse transferred to you or transferred in trust
for your benefit is the same as your spouse's adjusted basis. The same rule applies to a
transfer by your former spouse that is incident to divorce. However, adjust your basis for
any gain recognized by the transferor on a property transferred in trust. This rule
applies only to a transfer of property in trust in which the liabilities assumed, plus the
liabilities to which the property is subject, are more than the adjusted basis of the
property transferred.
If the property transferred to you is a series E, series EE, or series I United
States savings bond, the transferor must include in income the interest accrued to the
date of transfer. Your basis in the bond immediately after the transfer is equal to the
transferor's basis plus the interest income includible in his or her income. For more
information about these bonds, see chapter 8.
The transferor must give you the records needed to determine the adjusted basis
and holding period of the property as of the date of the transfer.
For more information about the transfer of property from a spouse, see chapter 15.
Property Received as a Gift
To figure the basis of property you receive as a gift, you must know its
adjusted basis to the donor just before it was given to you. You also must know its FMV at
the time it was given to you and any gift tax paid on it.
FMV less than donor's adjusted basis. If the
FMV of the property is less than the donor's adjusted basis, your basis
depends on whether you have a gain or a loss when you dispose of the
property. Your basis for figuring gain is the same as the donor's adjusted
basis plus or minus any required adjustment to basis while you held
the property. Your basis for figuring loss is its FMV when you received
the gift plus or minus any required adjustment to basis while you held
the property. See Adjusted Basis, earlier.
Example. You received an acre of land as a gift. At the
time of the gift, the land had an FMV of $8,000. The donor's adjusted
basis was $10,000. After you received the property, no events occurred
to increase or decrease your basis in it. If you later sell the property
for $12,000, you will have a $2,000 gain. You must use the donor's adjusted
basis ($10,000) at the time of the gift as your basis to figure gain.
If you sell the property for $7,000, you will have a $1,000 loss because
you must use the FMV ($8,000) at the time of the gift to figure loss.
If the sales price is between $8,000 and $10,000, you have neither gain nor
loss.
Business property. If you hold the gift as
business property, your basis for figuring any depreciation, depletion,
or amortization deduction is the same as the donor's adjusted basis
plus or minus any required adjustments to basis while you hold the property.
FMV equal to or greater than donor's adjusted basis.
If the FMV of the property is equal to or greater than the donor's adjusted
basis, your basis is the donor's adjusted basis at the time you received
the gift. Increase your basis by all or part of any gift tax paid, depending
on the date of the gift.
Also, for figuring gain or loss from a sale or other disposition or for
figuring depreciation, depletion, or amortization deductions on business property, you
must increase or decrease your basis (the donor's adjusted basis) by any required
adjustments to basis while you held the property. See Adjusted Basis, earlier.
Gift received before 1977. If you received a gift before
1977, increase your basis in the gift (the donor's adjusted basis) by
any gift tax paid on it. However, do not increase your basis above the
FMV of the gift at the time it was given to you.
Gift received after 1976. If you received a gift after 1976,
increase your basis in the gift (the donor's adjusted basis) by the
part of any gift tax that is due to the net increase in value of the
gift. Figure the increase by multiplying the gift tax paid by a fraction.
The numerator of the fraction is the net increase in value of the gift
and the denominator is the amount of the gift.
The net increase in value of the gift is the FMV of the gift minus the donor's
adjusted basis. The amount of the gift is its value for gift tax purposes after reduction
by any annual exclusion and marital or charitable deduction that applies to the gift. For
information on the gift tax, see Publication 950, Introduction
to Estate and Gift Taxes.
Example. In 1999, you received a gift of property from your
mother that had an FMV of $50,000. Her adjusted basis was $20,000. The
amount of the gift for gift tax purposes was $40,000 ($50,000 minus
the $10,000 annual exclusion). She paid a gift tax of $9,000 on the
property. Your basis is $26,750, figured as follows:
Fair market value |
$50,000 |
Minus: Adjusted basis |
-20,000 |
Net increase in value |
$30,000 |
Gift tax paid |
$9,000 |
Multiplied by ($30,000 � $40,000) |
� .75 |
Gift tax due to net increase in value |
$6,750 |
Adjusted basis of property to your mother |
+20,000 |
Your basis in the property |
$26,750 |
Inherited Property
Your basis in property you inherit from a decedent is generally one of the
following.
- The FMV of the property at the date of the individual's death.
- The FMV on the alternate valuation date, if the personal representative for the
estate chooses to use alternate valuation.
- The value under the special-use valuation method for real property used in
farming or other closely held business, if chosen for estate tax purposes.
- The decedent's adjusted basis in land to the extent of the value excluded from
the decedent's taxable estate as a qualified conservation easement.
If a federal estate tax return does not have to be filed, your basis in the
inherited property is its appraised value at the date of death for state inheritance or
transmission taxes.
For more information about the basis of inherited property, see Inherited
Property in Publication 551.
Property Changed to Business or Rental Use
When you hold property for personal use and change it to business use or use it
to produce rent, you must figure its basis for depreciation. An example of changing
property held for personal use to business use would be renting out your former main home.
Basis for depreciation. The basis for depreciation
is the lesser of the following amounts.
- The FMV of the property on the date of the change.
- Your adjusted basis on the date of the change.
Example. Several years ago, you paid $160,000 to have your
house built on a lot that cost $25,000. Before changing the property
to rental use last year, you paid $20,000 for permanent improvements
to the house and claimed a $2,000 casualty loss deduction for damage
to the house. Because land is not depreciable, you can only include
the cost of the house when figuring the basis for depreciation.
Your adjusted basis in the house when you changed its use was $178,000
($160,000 + $20,000 - $2,000). On the same date, your property had an FMV of $180,000, of
which $15,000 was for the land and $165,000 was for the house. The basis for figuring
depreciation on the house is the FMV on the date of the change ($165,000) because it is
less than your adjusted basis ($178,000).
Sale of property. If you later sell or dispose
of the property, the basis you use will depend on whether you are figuring
gain or loss.
Gain. The basis for figuring a gain is your adjusted basis
when you sell the property.
Example. Assume the same facts as the previous example except
that you sell the property at a gain after being allowed depreciation
deductions of $37,500. The basis for figuring gain is $165,500 ($178,000
+ $25,000 (land) - $37,500).
Loss. Figure the basis for a loss starting with the smaller
of your adjusted basis or the FMV of the property at the time of the
change to business or rental use.
Example. Assume the same facts as in the previous example,
except that you sell the property at a loss after being allowed depreciation
deductions of $37,500. In this case, you would start with the FMV ($180,000)
on the date of the change to rental use, because it is less than the
adjusted basis of $203,000 ($178,000 + $25,000) on that date. Reduce
that amount ($180,000) by the amount of depreciation deductions to arrive
at a basis for loss of $142,500 ($180,000 - $37,500).
Stocks and Bonds
The basis of stocks or bonds you buy generally is the purchase price plus any
costs of purchase, such as commissions and recording or transfer fees. If you get stocks
or bonds other than by purchase, your basis is usually determined by the FMV or the
previous owner's adjusted basis, as discussed earlier.
You must adjust the basis of stocks for certain events that occur after
purchase. For example, if you receive additional stock from nontaxable stock dividends or
stock splits, reduce the basis of your original stock. Also reduce your basis when you
receive nontaxable distributions. They are a return of capital.
Example. In 1997 you bought 100 shares of XYZ stock for
$1,000 or $10 a share. In 1998 you bought 100 shares of XYZ stock for
$1,600 or $16 a share. In 1999 XYZ declared a 2-for-1 stock split. You
now have 200 shares of stock with a basis of $5 a share and 200 shares
with a basis of $8 a share.
Other basis. There are other ways to figure
the basis of stocks or bonds depending on how you acquired them. For
detailed information, see Publication
550.
Identifying stocks or bonds sold. If you can
adequately identify the shares of stock or the bonds you sold, their
basis is the cost or other basis of the particular shares of stocks
or bonds. If you buy and sell securities at various times in varying
quantities and you cannot adequately identify the shares you sell, the
basis of the securities you sell is the basis of the securities you
acquired first. For more information about identifying securities you
sell, see Stocks and Bonds under Basis of Investment Property
in chapter 4 of Publication 550.
Mutual fund shares. If you sell mutual funds
that you acquired at various times and prices, you can choose to use
an average basis. For more information, see Publication
564.
Bond premium. If you buy a taxable bond at
a premium and choose to amortize the premium, reduce the basis of the
bond by the amortized premium you deduct each year. See Bond Premium
Amortization in chapter 3 of Publication
550 for more information. Although you cannot deduct the premium
on tax-exempt bonds, you must amortize the premium each year and reduce
your basis in the bonds by the amortized amount.
Original issue discount (OID) on debt instruments.
You must increase your basis in an OID debt instrument by the OID you
include in income for that instrument. See Original Issue Discount
in chapter 8.
Tax-exempt bonds. OID on tax-exempt bonds is generally not
taxable. However, there are special rules for figuring basis on these
bonds issued after September 3, 1982, and acquired after March 1, 1984.
See chapter 4 of Publication 550.
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