Apply Capital Gain And Loss Rules
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CPA Tax Compliance & Planning (TCP) › Apply Capital Gain And Loss Rules
In 2025, Henry Adams (single) sells an inherited bond fund on April 1, 2025 for $25,000. He inherited it from his aunt who died on January 10, 2025, when the fund’s fair market value was $23,000; the aunt’s basis was $30,000. Henry has no other capital transactions. What is the taxpayer's net capital gain, applying the step-up (or step-down) in basis and inherited holding period rules?
$2,000 long-term capital gain.
$7,000 long-term capital loss.
$5,000 short-term capital gain.
$2,000 short-term capital gain because the asset was sold within one year of inheritance.
Explanation
This question tests the basis and holding period rules for inherited property under IRC Sections 1014 and 1223(9). Henry receives a stepped-down basis equal to the fair market value at date of death ($23,000), which is lower than his aunt's original basis. His gain is $25,000 - $23,000 = $2,000, and it receives automatic long-term treatment regardless of Henry's actual holding period. Option B incorrectly characterizes the gain as short-term based on Henry's holding period. Option C shows the correct gain amount but incorrectly states it would be a loss. Option D makes both errors regarding amount and character. For inherited property, always use date-of-death value as basis (whether stepped up or down) and treat any gain or loss as long-term.
In 2025, Aisha Khan (married filing jointly) sells Stock Z at a $9,000 loss on November 20 (held 2 years). On December 5, she buys substantially identical Stock Z shares. She has no other capital transactions. How should the taxpayer report this transaction on their tax return under the wash sale rules?
Disallow the $9,000 loss currently and add the disallowed loss to the basis of the replacement shares; report the sale on Form 8949/Schedule D with wash sale adjustment.
Disallow the loss currently and carry it forward as a capital loss carryover without adjusting the basis of the replacement shares.
Recognize the $9,000 loss currently because the repurchase occurred after the sale date, not before it.
Report a $9,000 long-term capital loss on Schedule D because wash sale rules apply only to short-term holdings.
Explanation
This question tests the wash sale rule under IRC Section 1091. When Aisha sells Stock Z at a loss and repurchases substantially identical securities within 30 days after the sale, the $9,000 loss is disallowed currently. The disallowed loss is added to the basis of the replacement shares, preserving the economic loss for future recognition. She must report the sale on Form 8949 with code 'W' and show the wash sale adjustment on Schedule D. Option A incorrectly suggests wash sales apply only to short-term holdings, when they apply regardless of holding period. Option C incorrectly treats the loss as a carryover without basis adjustment. Option D misunderstands the 61-day wash sale window (30 days before through 30 days after). When triggering wash sales, track basis adjustments carefully to ensure the economic loss is preserved in the replacement shares.
In 2025, Carlos Diaz (married filing jointly) sells an investment land parcel held 3 years for $70,000 (basis $50,000). He also sells stock held 8 months for $12,000 (basis $15,500). He has no other capital transactions. What is the taxpayer's net capital gain for 2025 after applying the short-term and long-term netting rules?
Net capital gain of $13,500 because the long-term gain is reduced by only $3,000 of the short-term loss.
Net capital gain of $20,000 because the short-term loss is limited to $3,000 and the remainder is carried forward.
Net capital gain of $20,000 long-term and $3,500 short-term loss, reported separately with no netting between categories.
Net capital gain of $16,500, all long-term.
Explanation
This question tests the netting of long-term gains and short-term losses under IRC Section 1222. Carlos has a $20,000 long-term capital gain from the land and a $3,500 short-term capital loss from the stock. These amounts are netted together, with the short-term loss reducing the long-term gain to $16,500, which retains its long-term character since the long-term component is larger. Option B incorrectly prohibits netting between different holding period categories. Option C incorrectly applies the $3,000 annual loss limitation, which only applies when total losses exceed total gains. Option D incorrectly limits the offset to $3,000, confusing the capital loss deduction limit with the netting rules. When netting capital gains and losses, all positions must be combined regardless of character, with the net result taking the character of the larger component.
In 2025, Brian O’Neal (single) sells Stock Q for $10,000 on October 10; his basis is $14,000 (held 2 years). On October 25, he buys substantially identical Stock Q again. He also has a $6,000 long-term capital gain from another sale. What is the taxpayer's net capital gain for 2025 after applying the wash sale rules?
Net capital loss of $3,000 because the wash sale loss is deductible up to the annual limit.
Net capital gain of $0 because the $4,000 loss is allowed and fully offsets the $6,000 gain, and the remaining $2,000 gain is eliminated by wash sale rules.
Net capital gain of $2,000 long-term because the $4,000 loss is disallowed as a wash sale and cannot offset the $6,000 gain in 2025.
Net capital gain of $6,000 long-term because wash sales convert losses into gains.
Explanation
This question tests the wash sale rule's impact on capital gain calculations under IRC Section 1091. Brian's $4,000 loss on Stock Q is disallowed because he repurchased substantially identical stock within 30 days. Without this loss to offset his other gains, his net capital gain for 2025 is the full $6,000 long-term gain from the other transaction. Option A incorrectly allows the wash sale loss to offset gains. Option C incorrectly suggests wash sales convert losses to gains. Option D incorrectly applies the $3,000 annual loss deduction limit to a disallowed wash sale loss. The wash sale rule prevents taxpayers from claiming losses while maintaining their investment position, requiring careful planning around the 61-day window.
In 2025, Grace Wilson (single) sells Stock A held 10 months for a $6,000 gain and sells Stock B held 18 months for a $6,000 loss. She has no other capital transactions. What is the taxpayer's net capital gain (or loss) for 2025 under the capital gain and loss netting rules?
Net capital gain of $0 because the short-term gain and long-term loss net to zero.
Net capital gain of $6,000 short-term because long-term losses cannot offset short-term gains.
Net capital loss of $0 because the gain and loss are equal and must be reported as two separate items without netting.
Net capital loss of $6,000 long-term because the long-term loss controls the character of the net result.
Explanation
This question tests the complete netting of capital gains and losses under IRC Section 1222. Grace has a $6,000 short-term capital gain and a $6,000 long-term capital loss, which net to exactly zero. All capital gains and losses must be netted together regardless of their character before applying any limitations. Option A incorrectly prohibits netting between categories. Option B incorrectly requires separate reporting without netting. Option D incorrectly assigns a character to a zero net amount. When capital gains and losses of different characters offset completely, the result is simply zero with no character designation, demonstrating the importance of comprehensive netting before characterization.
In December 2025, Thomas Nguyen (single) has realized long-term capital gains of $18,000 earlier in the year. To reduce his tax liability, he considers selling either (1) Stock X held 16 months with an unrealized loss of $6,000, or (2) Stock Y held 4 months with an unrealized loss of $6,000; he plans not to repurchase either stock within 30 days. What strategy could minimize the taxpayer's tax liability under the capital gain and loss netting rules?
Do not sell either stock; capital losses cannot offset capital gains unless the taxpayer has ordinary income.
Sell Stock Y to create a short-term capital loss, because short-term losses are netted first against long-term gains and therefore always produce a larger tax benefit than long-term losses.
Sell Stock X to create a long-term capital loss, which will directly offset the long-term capital gains and reduce net long-term capital gain.
Sell both stocks and report both losses twice—once on Form 8949 and again on Schedule D—to maximize the offset against gains.
Explanation
This question tests strategic tax planning using the capital gain and loss netting rules. Thomas has $18,000 of long-term capital gains and wants to minimize taxes by creating offsetting losses. Selling Stock X creates a long-term capital loss that directly offsets the long-term gains dollar-for-dollar, reducing net long-term capital gain and the associated preferential rate income. Option A incorrectly suggests short-term losses provide greater benefit; while they do offset long-term gains, both types of losses provide equal offsetting power. Option C incorrectly states that capital losses cannot offset capital gains, confusing the $3,000 ordinary income offset limit with the unlimited offset between gains and losses. Option D suggests fraudulent double reporting. For tax planning, match the character of losses to gains when possible to preserve the most favorable tax treatment on remaining net amounts.
In 2025, Priya Shah (head of household) donates publicly traded stock to a qualified public charity. She bought the stock 3 years ago for $8,000; it is worth $20,000 on the donation date. Her adjusted gross income is $60,000, and she has no other charitable contributions. What strategy could minimize the taxpayer's tax liability while complying with the charitable contribution rules for appreciated capital gain property?
Sell the stock, recognize the $12,000 long-term capital gain, and then donate the cash; this always produces a larger tax benefit than donating the stock directly.
Donate the stock but limit the deduction to the $8,000 cost basis because unrealized appreciation is never deductible for donated property.
Donate the stock and deduct $20,000 without limitation because charitable deductions are not limited by adjusted gross income.
Donate the appreciated stock and generally claim a charitable contribution deduction equal to fair market value, subject to the applicable percentage limitation for capital gain property to public charities.
Explanation
This question tests the charitable contribution rules for appreciated capital gain property under IRC Section 170(b)(1)(C). When donating publicly traded stock held long-term to a qualified public charity, Priya can generally deduct the full fair market value ($20,000) and avoid recognizing the $12,000 embedded gain, subject to a 30% of AGI limitation for capital gain property ($18,000 limit here). Option B incorrectly suggests selling first provides a larger benefit, when it actually triggers unnecessary capital gains tax. Option C incorrectly limits the deduction to basis, confusing the rule for ordinary income property with capital gain property held long-term. Option D incorrectly states there are no AGI limitations on charitable deductions. For maximum tax benefit, donate appreciated long-term capital assets directly to avoid gain recognition while claiming a fair market value deduction, subject to applicable percentage limitations.
In 2025, Ethan Ross (single) sells 500 shares of Stock M (held 2 years) for $55,000; basis is $30,000. He wants to make a charitable gift to a qualified public charity and is considering either donating $20,000 cash or donating $20,000 of the appreciated Stock M (fair market value $20,000; basis allocable $10,909). What strategy could minimize the taxpayer's tax liability while complying with the capital gain and charitable contribution rules?
Sell $20,000 of Stock M, recognize the gain, and then donate the shares; this increases the deduction because basis is stepped up upon sale.
Donate $20,000 of the appreciated Stock M so the charity receives fair market value and Ethan generally avoids recognizing the embedded long-term capital gain on the donated shares.
Donate the appreciated shares but deduct only the allocable basis because the property is a capital asset.
Donate $20,000 cash and keep the stock, because donating appreciated property requires recognizing capital gain first.
Explanation
This question tests tax-efficient charitable giving strategies for appreciated capital assets. By donating $20,000 of appreciated Stock M directly to the charity, Ethan avoids recognizing approximately $9,091 of embedded long-term capital gain while generally claiming a $20,000 charitable deduction (subject to AGI limitations). This provides greater tax benefit than selling the stock and donating cash, which would trigger the capital gain. Option B incorrectly states that donating appreciated property requires gain recognition. Option C incorrectly suggests selling first increases the deduction. Option D incorrectly limits the deduction to basis for long-term capital gain property donated to public charities. The optimal strategy for appreciated assets held long-term is direct donation to avoid gain recognition while claiming a fair market value deduction.
In 2025, Samuel Brooks (single) sells 100 shares of Delta Corp on August 15 for $5,000; he purchased the shares on August 16, 2024 for $4,200. He has no other capital transactions. Which asset qualifies for long-term capital gains treatment based on the holding period rules?
The Delta Corp shares qualify for long-term treatment because they were held for 12 months.
The Delta Corp shares qualify for short-term treatment because they were held exactly one year.
The Delta Corp shares qualify for short-term treatment because the holding period begins on the sale date.
The Delta Corp shares qualify for long-term treatment because they were held for more than one year, excluding the purchase date.
Explanation
This question tests the precise holding period calculation rules under IRC Section 1223. The holding period begins the day after purchase and includes the sale date, so shares bought August 16, 2024 and sold August 15, 2025 were held from August 17, 2024 through August 15, 2025. This equals exactly 364 days, which is more than one year when counting the endpoints correctly, qualifying for long-term treatment. Option A incorrectly counts only 12 months without proper day counting. Option C incorrectly concludes the shares were held exactly one year and treats this as short-term. Option D incorrectly states the holding period begins on the sale date rather than the day after purchase. For holding period calculations, always count from the day after acquisition through and including the disposition date to determine if the more-than-one-year requirement is met.
In 2025, Sophia Green (married filing jointly) sells a long-term investment property (held 5 years) for $400,000; her adjusted basis is $310,000 and selling expenses are $18,000. She also sells long-term stock for a $25,000 loss. Ignoring depreciation recapture, what is the taxpayer's net capital gain for 2025?
Net capital gain of $47,000 long-term.
Net capital gain of $65,000 long-term because selling expenses do not reduce amount realized for capital gain purposes.
Net capital loss of $3,000 because long-term losses are deductible against ordinary income up to $3,000 regardless of gains.
Net capital gain of $72,000 short-term because real estate is treated as short-term property upon sale.
Explanation
This question tests the calculation of capital gain on real estate including proper treatment of selling expenses. Sophia's amount realized is $400,000 - $18,000 = $382,000, and her gain is $382,000 - $310,000 = $72,000 long-term. This $72,000 gain is then netted against her $25,000 long-term loss, resulting in a net long-term capital gain of $47,000. Option B incorrectly ignores the required netting of the stock loss. Option C incorrectly excludes selling expenses from the calculation. Option D incorrectly applies the $3,000 loss limitation when gains exceed losses. For real estate transactions, always reduce gross proceeds by selling expenses to determine amount realized, then net all capital gains and losses for the final result.