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The taxable amount at issue is your profit: the difference between your tax basis and your proceeds from the sale. Your tax basis is generally your original cost for the asset, minus depreciation deductions claimed, minus any casualty losses claimed, and plus any additional paid-in capital and selling expenses.
Typically, it is a three-step process:Determining the purchase price (total consideration paid)Identifying the correct assets acquired and liabilities assumed.Calculating the fair market value of those assets and liabilities.
Taxation Of GoodwillGoodwill is taxed to the seller at capital gains tax rates. The tax rates on capital gains have changed several times over the last 20 years, and it's important to discuss the current capital gains tax rates with a CPA.
The asset classes the purchase price is allocated to dictates the applicable tax rates on any gains and losses. For example, gains and losses attributable to inventory (Class IV) are treated as ordinary income. Gains attributable to goodwill (Class VII), on the other hand, are treated as capital gains/losses.
Your sale and purchase agreement should include the following:Your name(s) and the names of the seller(s).The address of the property.The type of title (for example, freehold or leasehold).The price.Any deposit you must pay.Any chattels being sold with the property (for example, whiteware or curtains).More items...
Class IV assets are stock in trade of the taxpayer or other property of a kind that would properly be included in the inventory of the taxpayer if on hand at the close of the tax year, or property held by the taxpayer primarily for sale to customers in the ordinary course of its trade or business.
However, there are some basic items that should be included in every purchase agreement.Buyer and seller information.Property details.Pricing and financing.Fixtures and appliances included/excluded in the sale.Closing and possession dates.Earnest money deposit amount.Closing costs and who is responsible for paying.More items...?
Assets held longer than 1 year are generally treated as §1231 assets, where the recaptured depreciation is taxed as ordinary income and any amounts over that may be taxed at the long-term capital gains rate.
How to Draft a Sales ContractIdentity of the Parties/Date of Agreement. The first topic a sales contract should address is the identity of the parties.Description of Goods and/or Services. A sales contract should also address what is being bought or sold.Payment.Delivery.Miscellaneous Provisions.Samples.
Writing a real estate purchase agreement.Identify the address of the property being purchased, including all required legal descriptions.Identify the names and addresses of both the buyer and the seller.Detail the price of the property and the terms of the purchase.Set the closing date and closing costs.More items...