When do you use gift tax for basis?

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  • #185043
    Anonymous
    Inactive

    To my understanding, when you give a gift, it is excludable up to 14,000. But I recently came across a Wiley question where you use the gift tax, which you calculate with the formula:

    Basis + [gift tax (FMV-basis) / (FMW-14,000)]

    I am just wondering, how do you know when to use this as opposed just determining if the gift is over 14,000 or not?

Viewing 12 replies - 1 through 12 (of 12 total)
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  • #545355
    CPA soon
    Member

    Not sure what your formula means, and no clue what FMW means but I just want to point out since you are taking the exam in Q2, you still use the 2012 limit of 13,000 not 14,000.

    FAR - 71, 68, 74, (8/31/14) 78 âś”
    REG - 67, 71, 71, (10/18/14) 78 âś”
    BEC - (11/29/14) 86 âś”
    AUD - 73, (4/4/15) 86 âś”

    I can't believe this is over! 2 years and 3 months..

    #545364
    CPA soon
    Member

    Not sure what your formula means, and no clue what FMW means but I just want to point out since you are taking the exam in Q2, you still use the 2012 limit of 13,000 not 14,000.

    FAR - 71, 68, 74, (8/31/14) 78 âś”
    REG - 67, 71, 71, (10/18/14) 78 âś”
    BEC - (11/29/14) 86 âś”
    AUD - 73, (4/4/15) 86 âś”

    I can't believe this is over! 2 years and 3 months..

    #545357
    Topsya
    Member

    if the question tells you that there was a tax paid by the donor, then use that formula

    AUD - 90
    FAR - 83
    BEC - 81
    REG - 80
    ETHICS - 100

    #545366
    Topsya
    Member

    if the question tells you that there was a tax paid by the donor, then use that formula

    AUD - 90
    FAR - 83
    BEC - 81
    REG - 80
    ETHICS - 100

    #545359
    MikeHoncho
    Member

    @CPA Soon

    For those of us taking the exam in Q2, I think we are using the 2013 exclusion of $14,000. Then starting in Q3 the 2014 tax law material is tested.

    Done: 5/22/14

    "Always do sober what you said you'd do drunk. That will teach you to keep your mouth shut."
    - Ernest Hemingway

    #545368
    MikeHoncho
    Member

    @CPA Soon

    For those of us taking the exam in Q2, I think we are using the 2013 exclusion of $14,000. Then starting in Q3 the 2014 tax law material is tested.

    Done: 5/22/14

    "Always do sober what you said you'd do drunk. That will teach you to keep your mouth shut."
    - Ernest Hemingway

    #545361
    Anonymous
    Inactive

    This formula is only for one circumstance… And I'm going to use you as the donor and me as the donee for the explanation..

    If you gave me a car as a gift my basis would normally be whatever your basis was right? Well if you gave me a car and you had to pay gift tax on it since the basis was over 14k, then my basis in the car needs to be adjusted.

    I would use that formula to determine what my basis should be in the car. The theory behind it is that since you are giving the car to me and I don't have to pay anything for it, I should at least have to pay higher taxes on it when I sell it down the road. By taking your basis of say 10k rather than using the FMV as my basis of say 20k I will pay higher taxes in the future because I will have a larger gain.

    However, if you already paid some gift tax on it, I should be given a break and be able to raise my basis by a portion of the taxes that you paid, therefore reducing the taxes I pay in the future.

    Hope that helps!

    #545370
    Anonymous
    Inactive

    This formula is only for one circumstance… And I'm going to use you as the donor and me as the donee for the explanation..

    If you gave me a car as a gift my basis would normally be whatever your basis was right? Well if you gave me a car and you had to pay gift tax on it since the basis was over 14k, then my basis in the car needs to be adjusted.

    I would use that formula to determine what my basis should be in the car. The theory behind it is that since you are giving the car to me and I don't have to pay anything for it, I should at least have to pay higher taxes on it when I sell it down the road. By taking your basis of say 10k rather than using the FMV as my basis of say 20k I will pay higher taxes in the future because I will have a larger gain.

    However, if you already paid some gift tax on it, I should be given a break and be able to raise my basis by a portion of the taxes that you paid, therefore reducing the taxes I pay in the future.

    Hope that helps!

    #545363
    Anonymous
    Inactive

    Now that I reread it a car is a terrible example 🙂 there's no way you would have a basis of 10k and have a higher FMV 🙂 cars sadly usually depreciate in value haha

    #545372
    Anonymous
    Inactive

    Now that I reread it a car is a terrible example 🙂 there's no way you would have a basis of 10k and have a higher FMV 🙂 cars sadly usually depreciate in value haha

    #545365
    CPA soon
    Member

    @Mikehoncho , well whatever you want to call it 2012 or 2013, I think the 14k limit kicks in in Q3. Could be wrong but when I took my exam I was going by 13K.

    FAR - 71, 68, 74, (8/31/14) 78 âś”
    REG - 67, 71, 71, (10/18/14) 78 âś”
    BEC - (11/29/14) 86 âś”
    AUD - 73, (4/4/15) 86 âś”

    I can't believe this is over! 2 years and 3 months..

    #545374
    CPA soon
    Member

    @Mikehoncho , well whatever you want to call it 2012 or 2013, I think the 14k limit kicks in in Q3. Could be wrong but when I took my exam I was going by 13K.

    FAR - 71, 68, 74, (8/31/14) 78 âś”
    REG - 67, 71, 71, (10/18/14) 78 âś”
    BEC - (11/29/14) 86 âś”
    AUD - 73, (4/4/15) 86 âś”

    I can't believe this is over! 2 years and 3 months..

Viewing 12 replies - 1 through 12 (of 12 total)
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