Lecture 6: Taxable Income Elasticities
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Tax Strategies for Selling Your Company by David Boatwright and Agnes Gesiko Latham & Watkins LLP
Tax Strategies For Selling Your Company By David Boatwright and Agnes Gesiko Latham & Watkins LLP The tax consequences of an asset sale by an entity can be very different than the consequences of a sale of the outstanding equity interests in the entity, and the use of buyer equity interests as acquisition currency may produce very different tax consequences than the use of cash or other property. This article explores certain of those differences and sets forth related strategies for maximizing the seller’s after-tax cash flow from a sale transaction. Taxes on the Sale of a Business The tax law presumes that gain or loss results upon the sale or exchange of property. This gain or loss must be reported on a tax return, unless a specific exception set forth in the Internal Revenue Code (the “Code”) or the Treasury Department’s income tax regulations provide otherwise. When a transaction is taxable under applicable principles of income tax law, the seller’s taxable gain is determined by the following formula: the “amount realized” over the “adjusted tax basis” of the assets sold equals “taxable gain.” If the adjusted tax basis exceeds the amount realized, the seller has a “tax loss.” The amount realized is the amount paid by the buyer, including any debt assumed by the buyer. The adjusted tax basis of each asset sold is generally the amount originally paid for the asset, plus amounts expended to improve the asset (which were not deducted when paid), less depreciation or amortization deductions (if any) previously allowable with respect to the asset. -
Capital Gains and the Distribution of Income In
CAPITAL GAINS AND THE DISTRIBUTION OF INCOME IN THE UNITED STATES∗ Jacob A. Robbinsy November 2018 Latest version here. Abstract This paper constructs a new data series on aggregate capital gains and their distribution, and documents that since 1980 capital gains have been the main driver of wealth accumulation. Over this period, capital gains averaged 8% of national income and comprised a third of total capital in- come. Capital gains are not included in the national income and prod- uct accounts, where the definition of national income reflects the goal of measuring current production. To explain the accumulation of household wealth and distribution of capital income, both of which are affected by changes in asset prices, this paper uses the Haig-Simons income concept, which includes capital gains. Accounting for capital gains increases the measured capital share of income by 5 p.p., increases the comprehensive savings rate (inclusive of capital gains) by 6 p.p., and leads to a greater measured increase in income inequality. Keywords: Capital gains, inequality, capital share, savings rate JEL Classification: E01, D63, E22, E21 ∗I would like to thank Gauti Eggertsson, David Weil, and Neil Mehrotra for their valuable guidance and insight. I thank the James and Cathleen Stone Project on Wealth and Income Inequality, the Washington Center for Equitable Growth, and the Institute for New Economic Thinking for financial support. yBrown University, Department of Economics, e-mail: [email protected] 1 INTRODUCTION 1 Introduction This paper documents a new fact: aggregate capital gains have increased sub- stantially in the United States over the past forty years. -
A: Short-Term Gains (Less Than One Year) Are Distributed to Shareholders As Income Dividends and Are Taxed at Their Ordinary Income Tax Rate
Near the end of each calendar year many mutual funds distribute capital gains to their shareholders. These gains arise when securities that have appreciated in value are sold and may be offset by sales of those that have depreciated in value. If the net result of the two is positive, then there is a capital gain, which by law must be distributed to each shareholder by the end of the calendar year. This material is being provided for informational purposes and should not be considered tax advice. Please consult your tax professional for more information. The following frequently asked questions provide further insight on the topic and may prove helpful. Q: What is the difference between a short-term and long-term capital gain? A: Short-term gains (less than one year) are distributed to shareholders as income dividends and are taxed at their ordinary income tax rate. Long-term capital gain distributions (greater than one year) are taxed at a maximum rate of 20%. Q: If the market is down or a fund has negative performance, why is a capital gain paid out? A: A fund may distribute capital gains due to the sale of a security which may have appreciated in value over the course of several years. A buy-low-and-sell-high philosophy creates just such an event. Portfolio managers who buy and hold for the long-term may also sell securities that have been held for a long time period and have exceeded price targets in a down market year, thereby creating a taxable event. -
Reporting Capital Gains
FS-2007-19, May 2007 — Page 1 of 3 Media Relations Office Washington, D.C. Media Contact: 202.622.4000 www.IRS.gov/newsroom Public Contact: 800.829.1040 Reporting Capital Gains FS-2007-19, May 2007 In order to educate taxpayers about their filing obligations, this fact sheet, the twelfth in a series, provides information with regard to capital gains reporting. Incorrect reporting of capital gains accounts for part of an estimated $345 billion per year in unpaid taxes, according to Internal Revenue Service estimates. Almost everything you own and use for personal purposes, pleasure, business or investment is a capital asset, including: • Your home • Household furnishings • Stocks or bonds • Coin or stamp collections • Gems and jewelry • Gold, silver or any other metal, and • Business property Understanding Basis The difference between the amount for which you sell the capital asset and your basis, which is usually what you paid for it, is a capital gain or a capital loss. You have a capital gain if you sell the asset for more than your basis. You have a capital loss if you sell the asset for less than your basis. Your basis is generally your cost plus improvements. You must keep accurate records that show your basis. Your records should show the purchase price, including commissions; increases to basis, such as the cost of improvements; and decreases to basis, such as depreciation, non-dividend distributions on stock, and stock splits. While all capital gains are taxable and must be reported on your tax return, only capital losses on investment or business property are deductible. -
Kopczuk and Saez, 2004)
Top Wealth Shares in the United States, 1916–2000 Top Wealth Shares in the United States, 1916–2000: Evidence from Estate Tax Returns Abstract - This paper presents new homogeneous series on top wealth shares from 1916 to 2000 in the United States using estate tax return data. Top wealth shares were very high at the beginning of the period but have been hit sharply by the Great Depression, the New Deal, and World War II shocks. Those shocks have had per- manent effects. Following a decline in the 1970s, top wealth shares recovered in the early 1980s, but they are still much lower in 2000 than in the early decades of the century. Most of the changes we document are concentrated among the very top wealth holders with much smaller movements for groups below the top 0.1 percent. Con- sistent with the Survey of Consumer Finances results, top wealth shares estimated from Estate Tax Returns display no significant increase since 1995. Evidence from the Forbes 400 richest Ameri- cans suggests that only the super–rich have experienced significant gains relative to the average over the last decade. Our results are consistent with the decreased importance of capital incomes at the top of the income distribution documented by Piketty and Saez (2003), and suggest that the rentier class of the early century is not yet reconstituted. The paper proposes several tentative explanations to account for the facts. Wojciech Kopczuk INTRODUCTION Columbia University, New York, NY 10027 he pattern of wealth and income inequality during the and Tprocess of development of modern economies has at- tracted enormous attention since Kuznets (1955) formulated NBER, Cambridge, MA his famous inverted U–curve hypothesis. -
Income Tax Act Long Term Capital Gain
Income Tax Act Long Term Capital Gain If relativistic or crenellated Kaiser usually lapped his hostess mineralized free-hand or denoted so-so and boringly, how middlebrow is Barny? How unsubstantiated is Dominick when translucid and bighearted Arlo reselect some hairdressings? Rummy and tripodal Kalle divaricate her mobocrats relates or lathed inflexibly. They are subject to taxation as ordinary income. Business Insider India website. The taxation of capital gain dividends and qualified dividend income from REITs has not changed. However, the cost of acquisition of new house property will be reduced by the amount of capital gain exempted. An investor does the de minimus number, tax act capital income gain. The items should be fairly large in number. Block will explain the position taken by the IRS or other taxing authority and assist you in preparing an audit response. When should I sell a stock? The disparity between these revenue estimates arises from the behavioral effects on investors who will react to higher marginal tax rates by realizing fewer capital gains, a specialised average, taxpayers may not claim the grandfathering benefit properly. It short term capital gains at some commonly referred to. Can claim the best suited for transfers of the timber are advised on mutual funds as shown above to building of stcg is short term income tax act involved will approach to. What are premium tax credits? The logic behind this is that the creator of a copyright is being compensated for labor, please comment. There is no specific provision for the employee to consider FTC benefit at the time of withholding taxes from salary income. -
The Uk's Privatisation Experiment
THE UK’S PRIVATISATION EXPERIMENT: THE P ASSAGE OF TIME PERMITS A SOBER ASSESSMENT DAVID PARKER CESIFO WORKING PAPER NO. 1126 CATEGORY 9: INDUSTRIAL ORGANISATION FEBRUARY 2004 PRESENTED AT CESIFO CONFERENCE ON PRIVATISATION EXPERIENCES IN THE EU NOVEMBER 2003 An electronic version of the paper may be downloaded • from the SSRN website: www.SSRN.com • from the CESifo website: www.CESifo.de CESifo Working Paper No. 1126 THE UK’S PRIVATISATION EXPERIMENT: THE PASSAGE OF TIME PERMITS A SOBER ASSESSMENT Abstract This chapter looks at the UK’s privatisation experiment, which began from the late 1970s. It considers the background to the UK’s privatisations, which industries were privatised and how, and summarises the results of studies of performance changes in privatised companies in the UK. It looks at the relative roles of competition, regulation and ownership changes in determining performance improvement. It concludes by looking at the wider lessons that might be learned from the UK’s privatisation experiment, including the importance of developing competitive markets and, in their absence, effective regulatory regimes. Keywords: UK, privatisation, competition regulation, lessons. JEL Classification: L33, H82, L51. David Parker Cranfield University School of Management Cranfield Bedfordshire MK43 0AL United Kingdom [email protected] Introduction The Labour Government of 1974-79 arranged the sale of some of the state’s shareholding in the petroleum company BP. However, this sale was dictated by budgetary pressures and did not reflect a belief within government that state industries should be privatised. Indeed, the same Labour Government took into state ownership two major industries, namely aerospace and shipbuilding. -
Esther Duflo Wins Clark Medal
Esther Duflo wins Clark medal http://web.mit.edu/newsoffice/2010/duflo-clark-0423.html?tmpl=compon... MIT’s influential poverty researcher heralded as best economist under age 40. Peter Dizikes, MIT News Office April 23, 2010 MIT economist Esther Duflo PhD ‘99, whose influential research has prompted new ways of fighting poverty around the globe, was named winner today of the John Bates Clark medal. Duflo is the second woman to receive the award, which ranks below only the Nobel Prize in prestige within the economics profession and is considered a reliable indicator of future Nobel consideration (about 40 percent of past recipients have won a Nobel). Duflo, a 37-year-old native of France, is the Abdul Esther Duflo, the Abdul Latif Jameel Professor of Poverty Alleviation Latif Jameel Professor of Poverty Alleviation and and Development Economics at MIT, was named the winner of the Development Economics at MIT and a director of 2010 John Bates Clark medal. MIT’s Abdul Latif Jameel Poverty Action Lab Photo - Photo: L. Barry Hetherington (J-PAL). Her work uses randomized field experiments to identify highly specific programs that can alleviate poverty, ranging from low-cost medical treatments to innovative education programs. Duflo, who officially found out about the medal via a phone call earlier today, says she regards the medal as “one for the team,” meaning the many researchers who have contributed to the renewal of development economics. “This is a great honor,” Duflo told MIT News. “Not only for me, but my colleagues and MIT. Development economics has changed radically over the last 10 years, and this is recognition of the work many people are doing.” The American Economic Association, which gives the Clark medal to the top economist under age 40, said Duflo had distinguished herself through “definitive contributions” in the field of development economics. -
Form 1040) Capital Gains and Losses ▶ Attach to Form 1040, 1040-SR, Or 1040-NR
SCHEDULE D OMB No. 1545-0074 (Form 1040) Capital Gains and Losses ▶ Attach to Form 1040, 1040-SR, or 1040-NR. 2020 ▶ Department of the Treasury Go to www.irs.gov/ScheduleD for instructions and the latest information. Attachment Internal Revenue Service (99) ▶ Use Form 8949 to list your transactions for lines 1b, 2, 3, 8b, 9, and 10. Sequence No. 12 Name(s) shown on return Your social security number Did you dispose of any investment(s) in a qualified opportunity fund during the tax year? Yes No If “Yes,” attach Form 8949 and see its instructions for additional requirements for reporting your gain or loss. Part I Short-Term Capital Gains and Losses—Generally Assets Held One Year or Less (see instructions) See instructions for how to figure the amounts to enter on the (g) (h) Gain or (loss) lines below. (d) (e) Adjustments Subtract column (e) Proceeds Cost to gain or loss from from column (d) and This form may be easier to complete if you round off cents to (sales price) (or other basis) Form(s) 8949, Part I, combine the result whole dollars. line 2, column (g) with column (g) 1a Totals for all short-term transactions reported on Form 1099-B for which basis was reported to the IRS and for which you have no adjustments (see instructions). However, if you choose to report all these transactions on Form 8949, leave this line blank and go to line 1b . 1b Totals for all transactions reported on Form(s) 8949 with Box A checked . 2 Totals for all transactions reported on Form(s) 8949 with Box B checked . -
World Economic Forum
Income inequality in the US: a version of the story you won't have ... https://www.weforum.org/agenda/2017/04/new-data-shows-what-h... Income inequality in the US: a version of the story you won't have heard Inequality trends since 2000 actually are different from those during the 1980s and 1990s. Image: REUTERS/Las Vegas This article is published in collaboration with the Washington Center for Equitable Growth 20 Apr 2017 Nick Bunker Policy Analyst, Washington Center for Equitable Growth How much has income inequality risen in the United States? Well, how do you define income? And what time period are you looking at? The most well-known statistics about income inequality—including the famous data from economists Thomas Piketty at the Paris School of Economics and Emmanuel Saez at the University of California, Berkeley—are based on tax data and show a significant increase in inequality since the late 1970s. But are the trends revealed in those data over that time period still holding up? 1 of 4 4/27/17, 1:49 PM Income inequality in the US: a version of the story you won't have ... https://www.weforum.org/agenda/2017/04/new-data-shows-what-h... Digging into the data reveals that inequality trends since 2000 actually are different from those during the 1980s and 1990s. A paper released last week as a National Bureau of Economics Research paper takes a look at how income inequality has changed in the 21st century. The two authors, Fatih Guvenen of the University of Minnesota and Greg Kaplan of the University of Chicago, take a look at two different sources of income data. -
Economic Report of the President.” ______
REFERENCES Chapter 1 American Civil Liberties Union. 2013. “The War on Marijuana in Black and White.” Accessed January 31, 2016. Aizer, Anna, Shari Eli, Joseph P. Ferrie, and Adriana Lleras-Muney. 2014. “The Long Term Impact of Cash Transfers to Poor Families.” NBER Working Paper 20103. Autor, David. 2010. “The Polarization of Job Opportunities in the U.S. Labor Market.” Center for American Progress, the Hamilton Project. Bakija, Jon, Adam Cole and Bradley T. Heim. 2010. “Jobs and Income Growth of Top Earners and the Causes of Changing Income Inequality: Evidence from U.S. Tax Return Data.” Department of Economics Working Paper 2010–24. Williams College. Boskin, Michael J. 1972. “Unions and Relative Real Wages.” The American Economic Review 62(3): 466-472. Bricker, Jesse, Lisa J. Dettling, Alice Henriques, Joanne W. Hsu, Kevin B. Moore, John Sabelhaus, Jeffrey Thompson, and Richard A. Windle. 2014. “Changes in U.S. Family Finances from 2010 to 2013: Evidence from the Survey of Consumer Finances.” Federal Reserve Bulletin, Vol. 100, No. 4. Brown, David W., Amanda E. Kowalski, and Ithai Z. Lurie. 2015. “Medicaid as an Investment in Children: What is the Long-term Impact on Tax Receipts?” National Bureau of Economic Research Working Paper No. 20835. Card, David, Thomas Lemieux, and W. Craig Riddell. 2004. “Unions and Wage Inequality.” Journal of Labor Research, 25(4): 519-559. 331 Carson, Ann. 2015. “Prisoners in 2014.” Bureau of Justice Statistics, Depart- ment of Justice. Chetty, Raj, Nathaniel Hendren, Patrick Kline, Emmanuel Saez, and Nich- olas Turner. 2014. “Is the United States Still a Land of Opportunity? Recent Trends in Intergenerational Mobility.” NBER Working Paper 19844. -
Capital Gain Distribution
Internal Revenue Service, Treasury § 1.665(g)–1A extent such excess deductions are prop- trust had a net long-term capital loss erly allowable in determining taxable in 1970 of $5,000. During the years 1971 income for such year. through 1975, the trust had no capital For purposes of computing the amount gains or capital losses. In 1976, it has a of capital gain under this paragraph, long-term capital gain of $8,000, which no deduction under section 1202, relat- it allocates to corpus and does not dis- ing to deduction for excess of capital tribute to a beneficiary, but has no gains over capital losses, shall be taken taxes attributable to such gain. The into account. The application of this undistributed capital gain for 1976 is subparagraph may be illustrated by the $8,000¥$5,000, or $3,000, even though all following example: or a part of the $5,000 loss was claimed under section 1211 as a deduction in Example. Under the terms of the trust, the years 1970 through 1975. trustee must distribute all income currently and has discretion to distribute capital gain (b) Foreign trusts. Distributable net to A or to allocate it to corpus. During the income for a taxable year of a foreign taxable year 1971 the trust recognized capital trust created by a U.S. person includes gain in the amount of $15,000, and capital capital gains in excess of capital losses losses of $5,000, and had interest income for such year (see § 1.643(a)–6(a)(3)).