Determine Initial Basis Of Property
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CPA Regulation (REG) › Determine Initial Basis Of Property
Marlena receives stock as a gift from her uncle. The uncle's adjusted basis in the stock was $20,000, and the fair market value on the date of the gift was $35,000. No gift tax was paid. What is Marlena's basis in the gifted stock for purposes of determining gain?
$0, because Marlena paid nothing for the stock.
$20,000, the donor's adjusted basis (carryover basis for gain purposes).
$35,000, the FMV on the date of the gift.
$27,500, the average of the donor's basis and the FMV.
Explanation
Under Section 1015, the basis of property received as a gift is generally the donor's adjusted basis (carryover basis), for purposes of determining gain. Since the FMV ($35,000) exceeds the donor's basis ($20,000), there is no 'loss basis' issue, and Marlena's basis for gain purposes is the donor's basis of $20,000. If Marlena later sells the stock for more than $20,000, the gain is measured from $20,000. Answer A (FMV) would be the basis under Section 1014 for inherited property, not gifted property. Answer C is an average, which has no basis in Section 1015. Answer D is incorrect because the donee receives a carryover basis, not zero.
Derek receives stock as a gift. The donor's adjusted basis was $50,000, and the fair market value on the date of the gift was $30,000. No gift tax was paid. Derek later sells the stock for $25,000. What is Derek's recognized loss?
$5,000 loss (sale price of $25,000 minus the loss basis of $30,000, the FMV at the gift date).
$0 because loss is not recognized on gifted property.
$25,000 loss (sale price minus donor's basis of $50,000).
$0 loss; under the dual basis rule, no gain and no loss is recognized when the sale price falls below both the donor's basis and the FMV at the time of the gift.
Explanation
Under Section 1015, when the FMV of gifted property is less than the donor's basis at the time of the gift, the donee uses a dual basis rule: the basis for gain is the donor's basis ($50,000), and the basis for loss is the FMV at the date of the gift ($30,000). Derek sold for $25,000, which is below the FMV at the gift date ($30,000), so the loss basis of $30,000 controls. Loss = $30,000 - $25,000 = $5,000. Answer D is correct. Answer A ($25,000 loss) incorrectly uses the donor's basis of $50,000 to compute the loss; the donor's basis is only used when the sale price exceeds the donor's basis (gain scenario). Answer B is incorrect; the no-gain/no-loss zone applies only when the sale price falls between the two bases (between $30,000 FMV and $50,000 donor's basis). Since Derek's sale price of $25,000 is below the FMV basis of $30,000, a loss is recognized using the FMV basis. Answer C is incorrect because losses are recognized under the dual basis rule when the sale price falls below the FMV at the gift date.
A corporation receives property in a Section 351 exchange. Under Section 362, what is the corporation's initial basis in the received property?
The transferor's adjusted basis in the property, increased by any gain recognized by the transferor on the exchange.
The fair market value of the property on the date of the transfer.
The lower of the transferor's adjusted basis or the fair market value.
Zero, because no consideration was paid by the corporation.
Explanation
Under Section 362(a), when property is received by a corporation in a Section 351 exchange, the corporation's basis in the property equals the transferor's adjusted basis in the property, increased by any gain recognized by the transferor. If no boot was paid and no gain was recognized, the corporation takes a carryover basis equal to the transferor's basis. This preserves the built-in gain inside the corporation. Answer B (FMV) would apply only if gain were fully recognized. Answer C (zero basis) is incorrect because the corporation takes a carryover basis from the transferor. Answer D (lower of basis or FMV) is not the Section 362 rule.
A shareholder transfers property to a corporation in a qualifying Section 351 exchange and receives stock in return. Under Section 358, what is the shareholder's initial basis in the stock received?
The adjusted basis of the property transferred, decreased by any money received and any loss recognized, and increased by any gain recognized and any other property included in income.
The fair market value of the property transferred to the corporation.
The fair market value of the stock on the date of the exchange.
Zero, because the stock was received without payment.
Explanation
Under Section 358(a), a shareholder's basis in stock received in a Section 351 exchange equals the adjusted basis of the property transferred to the corporation, decreased by money received and any loss recognized, and increased by any gain recognized and any amount included in income (such as boot characterized as ordinary income). If no boot is received and no gain is recognized, the stock basis equals the adjusted basis of the transferred property. Answer A (FMV of stock) would be the basis only if gain were fully recognized. Answer C (FMV of transferred property) is incorrect; transferred property basis, not FMV, is the starting point. Answer D (zero) is incorrect.
Under Section 1014, which of the following types of property does NOT receive a stepped-up basis at death?
Property held in a traditional IRA or 401(k) retirement account.
U.S. savings bonds with accrued interest.
Appreciated real estate held in the decedent's name.
Appreciated stock held in a taxable brokerage account.
Explanation
Section 1014 applies to property includible in the decedent's gross estate for federal estate tax purposes. Retirement account assets (traditional IRAs, 401(k)s) receive income in respect of a decedent (IRD) treatment under Section 691 - the beneficiary receives the same income tax character as if the decedent had received the income, and no step-up in basis applies to IRD assets. When distributions are made from retirement accounts, they are taxable as ordinary income to the beneficiary. Answer A (appreciated stock in taxable accounts) is includible in the estate and receives a step-up. Answer C (real estate) similarly receives a step-up. Answer D (U.S. savings bonds) may be IRD, but the question targets retirement accounts as the clearest non-step-up category.
A taxpayer purchases land for $200,000 and immediately pays $30,000 to clear the land for construction. The taxpayer then begins construction of a building at a cost of $500,000. What is the basis of the land and the basis of the building separately?
Land: $200,000; Building: $530,000.
Land: $200,000; Building: $500,000.
Land: $230,000; Building: $530,000.
Land: $230,000; Building: $500,000.
Explanation
The cost of clearing the land is a capital cost that must be allocated to the land (not the building) because it improves the land itself and is a prerequisite to using the land, not part of the construction costs of the building. Land basis = $200,000 + $30,000 = $230,000. Building basis = $500,000. Answer C is correct. Answer A incorrectly allocates the $30,000 clearing cost to the building instead of the land. Answer B incorrectly capitalizes the $30,000 clearing cost into both the land and the building, double-counting it. Answer D ignores the clearing cost entirely, understating the land basis.
A taxpayer receives stock as compensation for services rendered. The stock has a FMV of $25,000 on the date it is received, and the taxpayer includes this amount in gross income. What is the taxpayer's basis in the stock?
$25,000, equal to the FMV included in income, which becomes the cost basis of the stock.
$12,500, reflecting a 50% reduction for compensation-related property.
$0, because the stock was received in exchange for services rather than for cash.
$25,000, but reduced by any employment taxes owed on the compensation.
Explanation
When a taxpayer receives stock or other property as compensation for services, the FMV of the property is included in ordinary income. The taxpayer's basis in the property equals the FMV included in income - effectively the 'cost' of the property from a tax perspective. This ensures that when the stock is later sold, only appreciation accruing after acquisition is taxed. Answer B ($0 basis) would result in double taxation since the full FMV was already included in income. Answer C (50% reduction) has no basis in tax law. Answer D incorrectly reduces basis by employment taxes; employment taxes are a separate liability not affecting the property's income basis.
A taxpayer converts personal-use property (a boat) to business use. The adjusted basis was $40,000 and the FMV at the date of conversion was $28,000. What is the taxpayer's basis for purposes of depreciation and for purposes of determining loss on a subsequent sale?
Depreciation basis: $28,000; Loss basis: $28,000.
Depreciation basis: $28,000; Loss basis: $40,000.
Depreciation basis: $40,000; Loss basis: $40,000.
Depreciation basis: $40,000; Loss basis: $28,000.
Explanation
When personal-use property is converted to business use and the FMV at the date of conversion is less than the adjusted basis, the taxpayer uses the lower of cost or FMV as the basis for both depreciation and for determining loss. This rule prevents taxpayers from generating artificial tax losses by converting property that has already declined in personal use. Both the depreciation basis and the loss basis equal $28,000 (the FMV at conversion). Answer A ($40,000 for both) ignores the conversion basis rule. Answer B (depreciation $28,000, loss $40,000) incorrectly uses the higher basis for loss. Answer D (depreciation $40,000, loss $28,000) incorrectly uses the higher basis for depreciation.
A taxpayer purchases 100 shares of stock for $5,000 and later receives a 100% stock dividend (100 additional shares). What is the taxpayer's basis per share after receiving the stock dividend?
$5,000 total basis, all allocated to the new shares.
$25 per share (original $5,000 basis divided among all 200 shares).
$50 per share (original cost divided by original 100 shares).
$100 per share (FMV of the new shares).
Explanation
When a taxpayer receives a nontaxable stock dividend, no income is recognized and the original basis is reallocated proportionally among all shares held (old and new). Original basis = $5,000 for 100 shares. After the 100% stock dividend, the taxpayer holds 200 shares. New basis per share = $5,000 / 200 = $25 per share. Answer A ($50 per share) is the pre-dividend basis per share, not the post-dividend allocation. Answer B ($100 per share as FMV) would apply if the dividend were taxable and included in income. Answer C incorrectly allocates all basis to the new shares, ignoring the original shares.
A taxpayer receives a nontaxable stock right to purchase one share of stock for every 10 shares owned. The FMV of the stock right is $8 and the FMV of the underlying stock is $80. The taxpayer elects to allocate basis between the stock and the stock rights. What percentage of the original stock basis is allocated to the stock rights?
9.09% (FMV of rights / (FMV of stock + FMV of rights) = $8 / ($80 + $8) = $8 / $88 = 9.09%).
50% allocated equally between stock and rights.
0%, because stock rights have no basis until exercised.
10% (FMV of rights / FMV of stock = $8 / $80).
Explanation
When nontaxable stock rights are received, the taxpayer may elect to allocate a portion of the original stock's basis to the rights. The allocation is based on the relative FMVs: percentage to rights = FMV of rights / (FMV of stock + FMV of rights) = $8 / ($80 + $8) = $8 / $88 = approximately 9.09%. This allocated basis is assigned to each right. Answer B (10%) incorrectly divides rights FMV by stock FMV only, not the combined FMV. Answer C (50%) has no basis in the allocation formula. Answer D is incorrect because stock rights can have allocated basis when the taxpayer makes the election.