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Information for Beneficiaries Receiving

Schedule A (Form 8971)


Form 8971. Form 8971, Information Regarding Beneficiaries Acquiring
Property From a Decedent, and its Schedule A, are used to comply with
the reporting requirements regarding consistency of basis for assets
acquired from an estate. In certain circumstances, an executor of an
estate (or other person) required to file an estate tax return after July 31,
2015, will be required to provide a Schedule A (Form 8971) to a beneficiary
who receives or is to receive property from an estate. For more information
about when Form 8971 and Schedule A must be completed, see the
Instructions for Form 8971 and Schedule A.
The beneficiary uses the final estate tax value of the property reported on
the Schedule A to determine his or her basis in the property. When
calculating a basis consistent with the final estate tax value, start with the
reported value and then make any allowed adjustments.
Publication 551
(Rev. December 2016) Contents
Cat. No. 15094C Future Developments . . . . . . . . . . . . 1
Department

Basis of
of the Reminder . . . . . . . . . . . . . . . . . . . . 1
Treasury
Internal Introduction . . . . . . . . . . . . . . . . . . 1
Revenue
Service Assets Cost Basis . . . . . . .
Stocks and Bonds
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Real Property . . . . . . . . . . . . . . . 2
Business Assets . . . . . . . . . . . . . 3
Allocating the Basis . . . . . . . . . . . 4

Adjusted Basis . . . . . . . . . . . . . . . . 4
Increases to Basis . . . . . . . . . . . . 4
Decreases to Basis . . . . . . . . . . . 5

Basis Other Than Cost . . . . . . . . . . . 6


Property Received for Services . . . . . 6
Taxable Exchanges . . . . . . . . . . . 7
Nontaxable Exchanges . . . . . . . . . 7
Property Transferred From a
Spouse . . . . . . . . . . . ..... 8
Property Received as a Gift . . ..... 8
Inherited Property . . . . . . . ..... 9
Property Changed to Business
or Rental Use . . . . . . . . . . . . 10

How To Get Tax Help . . . . . . . . . . . 10

Glossary . . . . . . . . . . . . . . . . . . . 12

Index . . . . . . . . . . . . . . . . . . . . . 13

Future Developments
For the latest information about developments
related to Pub. 551, such as legislation enacted
after this publication was published, go to
www.irs.gov/pub551.

Reminder
Photographs of missing children. The Inter­
nal Revenue Service is a proud partner with the
National Center for Missing & Exploited
Children® (NCMEC). Photographs of missing
children selected by the Center may appear in
this publication on pages that would otherwise
be blank. You can help bring these children
home by looking at the photographs and calling
1­800­THE­LOST (1­800­843­5678) if you rec­
ognize a child.

Introduction
Basis is the amount of your investment in prop­
erty for tax purposes. Use the basis of property
to figure depreciation, amortization, depletion,
and casualty losses. Also use it to figure gain or
loss on the sale or other disposition of property.
You must keep accurate records of all items
that affect the basis of property so you can
Get forms and other information faster and easier at: make these computations.
• IRS.gov (English) • IRS.gov/Korean (한국어) This publication is divided into the following
• IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) sections.
• IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (TiếngViệt) Cost Basis

Jan 26, 2017


Adjusted Basis 559 Survivors, Executors, and than by purchase, your basis is usually deter­
Basis Other Than Cost Administrators mined by the fair market value (FMV) or the pre­
vious owner's adjusted basis of the stock.
The basis of property you buy is usually its 587 Business Use of Your Home
cost. You may also have to capitalize (add to
946 How To Depreciate Property You must adjust the basis of stocks for cer­
basis) certain other costs related to buying or
tain events that occur after purchase. See
producing the property.
Form (and Instructions) Stocks and Bonds in chapter 4 of Pub. 550 for
Your original basis in property is adjusted
more information on the basis of stock.
(increased or decreased) by certain events. If 706 United States Estate (and
you make improvements to the property, in­ Generation­Skipping Transfer) Tax Identifying stock or bonds sold. If you can
crease your basis. If you take deductions for de­ Return adequately identify the shares of stock or the
preciation or casualty losses, reduce your ba­
706-A United States Additional Estate Tax bonds you sold, their basis is the cost or other
sis.
Return basis of the particular shares of stock or bonds.
You cannot determine your basis in some
If you buy and sell securities at various times in
assets by cost. This includes property you re­ 8594 Asset Acquisition Statement varying quantities and you cannot adequately
ceive as a gift or inheritance. It also applies to
See How To Get Tax Help near the end of this identify the shares you sell, the basis of the se­
property received in an involuntary conversion
publication for information about getting publi­ curities you sell is the basis of the securities you
and certain other circumstances.
cations and forms. acquired first. For more information about iden­
tifying securities you sell, see Stocks and
Comments and suggestions. We welcome
Bonds under Basis of Investment Property in
your comments about this publication and your
suggestions for future editions. Cost Basis chapter 4 of Pub. 550.
You can send us comments from IRS.gov/ Mutual fund shares. If you sell mutual fund
formspubs. Click on “More Information” and Terms you may need to know shares acquired at different times and prices,
then on “Give us feedback.” (see Glossary): you can choose to use an average basis. For
Or you can write to: Business assets more information, see Pub. 550.
Real property
Internal Revenue Service Unstated interest
Tax Forms and Publications Real Property
1111 Constitution Ave. NW, IR­6526
Washington, DC 20224 Real property, also called real estate, is land
The basis of property you buy is usually its cost. and generally anything built on or attached to it.
The cost is the amount you pay in cash, debt If you buy real property, certain fees and other
We respond to many letters by telephone.
obligations, other property, or services. Your expenses become part of your cost basis in the
Therefore, it would be helpful if you would in­
cost also includes amounts you pay for the fol­ property.
clude your daytime phone number, including
lowing items.
the area code, in your correspondence.
Sales tax. Real estate taxes. If you pay real estate taxes
Although we cannot respond individually to Freight. the seller owed on real property you bought,
each comment received, we do appreciate your Installation and testing. and the seller did not reimburse you, treat those
feedback and will consider your comments as Excise taxes. taxes as part of your basis. You cannot deduct
we revise our tax products. Legal and accounting fees (when they them as taxes.
Ordering forms and publications. Visit must be capitalized). If you reimburse the seller for taxes the
IRS.gov/formspubs to download forms and Revenue stamps. seller paid for you, you can usually deduct that
publications. Otherwise, you can go to IRS.gov/ Recording fees. amount as an expense in the year of purchase.
orderforms to order current and prior­year forms Real estate taxes (if assumed for the Do not include that amount in the basis of the
and instructions. Your order should arrive within seller). property. If you did not reimburse the seller, you
10 business days. You may also have to capitalize (add to basis) must reduce your basis by the amount of those
certain other costs related to buying or produc­ taxes.
Tax questions. If you have a tax question
ing property.
not answered by this publication, check Settlement costs. Your basis includes the set­
IRS.gov and How To Get Tax Help at the end of
Loans with low or no interest. If you buy tlement fees and closing costs for buying prop­
this publication.
property on a time­payment plan that charges erty. You cannot include in your basis the fees
little or no interest, the basis of your property is and costs for getting a loan on property. A fee
Useful Items your stated purchase price, minus the amount for buying property is a cost that must be paid
You may want to see: considered to be unstated interest. You gener­ even if you bought the property for cash.
ally have unstated interest if your interest rate is The following items are some of the settle­
Publication less than the applicable federal rate. For more ment fees or closing costs you can include in
information, see Unstated Interest and Original the basis of your property.
463 Travel, Entertainment, Gift, and Car Issue Discount in Pub. 537. Abstract fees (abstract of title fees).
Expenses Charges for installing utility services.
523 Selling Your Home Purchase of a business. When you purchase Legal fees (including title search and prep­
a trade or business, you generally purchase all aration of the sales contract and deed).
525 Taxable and Nontaxable Income assets used in the business operations, such as Recording fees.
527 Residential Rental Property land, buildings, and machinery. Allocate the Surveys.
price among the various assets, including any Transfer taxes.
530 Tax Information for Homeowners section 197 intangibles. See Allocating the Ba­ Owner's title insurance.
535 Business Expenses sis, later. Any amounts the seller owes that you
agree to pay, such as back taxes or inter­
537 Installment Sales
Stocks and Bonds est, recording or mortgage fees, charges
for improvements or repairs, and sales
544 Sales and Other Dispositions of
Assets commissions.
The basis of stocks or bonds you buy is gener­
ally the purchase price plus any costs of pur­ Settlement costs do not include amounts
547 Casualties, Disasters, and Thefts
chase, such as commissions and recording or placed in escrow for the future payment of items
550 Investment Income and Expenses transfer fees. If you get stocks or bonds other such as taxes and insurance.

Page 2 Publication 551 (December 2016)


The following items are some settlement asset, do not deduct the following expenses. part of most indirect costs you incur due to your
fees and closing costs you cannot include in the You must include them in the asset's basis. production or resale activities. To capitalize
basis of the property. Employee wages paid for the construction means to include certain expenses in the basis
work, reduced by any employment credits of property you produce or in your inventory
1. Casualty insurance premiums.
allowed. costs rather than deduct them as a current ex­
2. Rent for occupancy of the property before Depreciation on equipment you own while pense. You recover these costs through deduc­
closing. it is used in the construction. tions for depreciation, amortization, or cost of
Operating and maintenance costs for goods sold when you use, sell, or otherwise dis­
3. Charges for utilities or other services rela­
equipment used in the construction. pose of the property.
ted to occupancy of the property before
The cost of business supplies and materi­ Any cost you cannot use to figure your taxa­
closing.
als used in the construction. ble income for any tax year is not subject to the
4. Charges connected with getting a loan. uniform capitalization rules.
Do not include the value of your own la­
The following are examples of these
! bor, or any other labor you did not pay
charges. Example. If you incur a business meal ex­
CAUTION for, in the basis of any property you
pense for which your deduction would be limi­
a. Points (discount points, loan origina­ construct.
ted to 50% of the cost of the meal, that amount
tion fees).
is subject to the uniform capitalization rules.
b. Mortgage insurance premiums. Business Assets The nondeductible part of the cost is not subject
to the uniform capitalization rules.
c. Loan assumption fees.
d. Cost of a credit report. Terms you may need to know More information. For more information about
(see Glossary): these rules, see the regulations under section
e. Fees for an appraisal required by a
263A of the Internal Revenue Code and Pub.
lender. Amortization 538, Accounting Periods and Methods.
Capitalization
5. Fees for refinancing a mortgage.
Depletion Exceptions. The following are not subject to
If these costs relate to business property, items Depreciation the uniform capitalization rules.
(1) through (3) are deductible as business ex­ Fair market value Property you produce that you do not use
penses. Items (4) and (5) must be capitalized Going concern value in your trade, business, or activity conduc­
as costs of getting a loan and can be deducted Goodwill ted for profit.
over the period of the loan. Intangible property Qualified creative expenses you pay or in­
Personal property cur as a freelance (self­employed) writer,
Points. If you pay points to obtain a loan (in­ Recapture photographer, or artist that are otherwise
cluding a mortgage, second mortgage, line of Section 179 deduction deductible on your tax return.
credit, or a home equity loan), do not add the Section 197 intangibles Property you produce under a long­term
points to the basis of the related property. Gen­ Tangible property contract, except for certain home construc­
erally, you deduct the points over the term of tion contracts.
the loan. For more information on how to deduct Research and experimental expenses de­
points, see Points in chapter 4 of Pub. 535. ductible under section 174 of the Internal
If you purchase property to use in your busi­
Points on home mortgage. Special rules Revenue Code.
ness, your basis is usually its actual cost to you.
may apply to points you and the seller pay Costs for personal property acquired for
If you construct, create, or otherwise produce
when you obtain a mortgage to purchase your resale if your (or your predecessor's) aver­
property, you must capitalize the costs as your
main home. If certain requirements are met, you age annual gross receipts for the 3 previ­
basis. In certain circumstances, you may be
can deduct the points in full for the year in which ous tax years do not exceed $10 million.
subject to the uniform capitalization rules, next.
they are paid. Reduce the basis of your home For other exceptions to the uniform capitaliza­
by any seller­paid points. For more information, tion rules, see section 1.263A­1(b) of the regu­
Uniform Capitalization Rules
see Points in Pub. 936, Home Mortgage Inter­ lations.
est Deduction. The uniform capitalization rules specify the For information on the special rules that ap­
costs you add to basis in certain circumstances. ply to costs incurred in the business of farming,
Assumption of mortgage. If you buy property see chapter 6 in Pub. 225, Farmer's Tax Guide.
and assume (or buy subject to) an existing Activities subject to the rules. You must use
mortgage on the property, your basis includes
the amount you pay for the property plus the
the uniform capitalization rules if you do any of Intangible Assets
the following in your trade or business or activity
amount to be paid on the mortgage. carried on for profit. Intangible assets include goodwill, patents,
Produce real or tangible personal property copyrights, trademarks, trade names, and
Example. If you buy a building for $20,000 for use in the business or activity. franchises. The basis of an intangible asset is
cash and assume a mortgage of $80,000 on it, Produce real or tangible personal property usually the cost to buy or create it. If you ac­
your basis is $100,000. for sale to customers. quire multiple assets, for example, an ongoing
Acquire property for resale. However, this business for a lump sum, see Allocating the Ba­
Constructing assets. If you build property or
rule does not apply to personal property if sis, later, to figure the basis of the individual as­
have assets built for you, your expenses for this
your average annual gross receipts for the sets. The basis of certain intangibles can be
construction are part of your basis. Some of
3 previous tax years are $10 million or amortized. See chapter 8 of Pub. 535 for infor­
these expenses include the following costs.
less. mation on the amortization of these costs.
Land.
Labor and materials. You produce property if you construct, build,
install, manufacture, develop, improve, create, Patents. The basis of a patent you get for an
Architect's fees.
raise, or grow the property. Treat property pro­ invention is the cost of development, such as
Building permit charges.
duced for you under a contract as produced by research and experimental expenditures, draw­
Payments to contractors.
you up to the amount you pay or costs you oth­ ings, working models, and attorneys' and gov­
Payments for rental equipment.
erwise incur for the property. Tangible personal ernmental fees. If you deduct the research and
Inspection fees.
property includes films, sound recordings, video experimental expenditures as current business
In addition, if you own a business and use your expenses, you cannot include them in the basis
tapes, books, or similar property.
employees, material, and equipment to build an of the patent. The value of the inventor's time
Under the uniform capitalization rules, you
spent on an invention is not part of the basis.
must capitalize all direct costs and an allocable

Publication 551 (December 2016) Page 3


Copyrights. If you are an author, the basis of a binding on both parties unless the IRS deter­ Procedure 92­29, 1992­1 C.B. 748 for more in­
copyright will usually be the cost of getting the mines the amounts are not appropriate. formation, including an explanation of the pro­
copyright plus copyright fees, attorneys' fees, cedures for getting consent from the IRS.
clerical assistance, and the cost of plates that Reporting requirement. Both the buyer and
remain in your possession. Do not include the seller involved in the sale of business assets Use of erroneous cost basis. If you made
value of your time as the author, or any other must report to the IRS the allocation of the sales a mistake in figuring the cost basis of subdivi­
person's time you did not pay for. price among section 197 intangibles and the ded lots sold in previous years, you cannot cor­
other business assets. Use Form 8594 to pro­ rect the mistake for years for which the statute
Franchises, trademarks, and trade names. vide this information. The buyer and seller of limitations (generally 3 tax years) has ex­
If you buy a franchise, trademark, or trade should each attach Form 8594 to their federal pired. Figure the basis of any remaining lots by
name, the basis is its cost, unless you can de­ income tax return for the year in which the sale allocating the correct original cost basis of the
duct your payments as a business expense. occurred. entire tract among the original lots.

More information. See Sale of a Business in Example. You bought a tract of land to
Allocating the Basis chapter 2 of Pub. 544 for more information. which you assigned a cost of $15,000. You sub­
divided the land into 15 building lots of equal
If you buy multiple assets for a lump sum, allo­ size and equitably divided your basis so that
cate the amount you pay among the assets you Land and Buildings each lot had a basis of $1,000. You treated the
receive. You must make this allocation to figure sale of each lot as a separate transaction and
your basis for depreciation and gain or loss on a If you buy buildings and the land on which they
figured gain or loss separately on each sale.
later disposition of any of these assets. See stand for a lump sum, allocate the basis of the Several years later you determine that your
Trade or Business Acquired below. property among the land and the buildings so original basis in the tract was $22,500 and not
you can figure the depreciation allowable on the $15,000. You sold eight lots using $8,000 of ba­
buildings.
Group of Assets Acquired sis in years for which the statute of limitations
has expired. You now can take $1,500 of basis
Figure the basis of each asset by multiplying
If you buy multiple assets for a lump sum, you into account for figuring gain or loss only on the
the lump sum by a fraction. The numerator is
and the seller may agree to a specific allocation sale of each of the remaining seven lots
the FMV of that asset and the denominator is
of the purchase price among the assets in the ($22,500 basis divided among all 15 lots). You
the FMV of the whole property at the time of
sales contract. If this allocation is based on the cannot refigure the basis of the eight lots sold in
purchase. If you are not certain of the FMV of
value of each asset and you and the seller have tax years barred by the statute of limitations.
the land and buildings, you can allocate the ba­
adverse tax interests, the allocation generally sis based on their assessed values for real es­
will be accepted. However, see Trade or Busi­
ness Acquired, next.
tate tax purposes.
Adjusted Basis
Demolition of building. Add demolition costs
Trade or Business Acquired and other losses incurred for the demolition of Before figuring gain or loss on a sale, ex­
any building to the basis of the land on which change, or other disposition of property or figur­
If you acquire a trade or business, allocate the the demolished building was located. Do not ing allowable depreciation, depletion, or amorti­
consideration paid to the various assets ac­ claim the costs as a current deduction. zation, you must usually make certain
quired. Generally, reduce the consideration adjustments to the basis of the property. The re­
paid by any cash and general deposit accounts Modification of building. A modification of sult of these adjustments to the basis is the ad­
(including checking and savings accounts) re­ a building will not be treated as a demolition if justed basis.
ceived. Allocate the remaining consideration to the following conditions are satisfied.
75 percent or more of the existing external
the other business assets received in propor­
tion to (but not more than) their fair market value walls of the building are retained in place Increases to Basis
in the following order. as internal or external walls, and
75 percent or more of the existing internal Increase the basis of any property by all items
1. Certificates of deposit, U.S. Government structural framework of the building is re­ properly added to a capital account. These in­
securities, foreign currency, and actively tained in place. clude the cost of any improvements having a
traded personal property, including stock useful life of more than 1 year.
and securities. If the building is a certified historic structure,
the modification must also be part of a certified Rehabilitation expenses also increase basis.
2. Accounts receivable, other debt instru­ rehabilitation. However, you must subtract any rehabilitation
ments, and assets you mark to market at If these conditions are met, add the costs of credit allowed for these expenses before you
least annually for federal income tax pur­ the modifications to the basis of the building. add them to your basis. If you have to recapture
poses. any of the credit, increase your basis by the re­
Subdivided lots. If you buy a tract of land and captured amount.
3. Property of a kind that would properly be
included in inventory if on hand at the end subdivide it, you must determine the basis of
If you make additions or improvements to
of the tax year or property held primarily each lot. This is necessary because you must
business property, keep separate accounts for
for sale to customers in the ordinary figure the gain or loss on the sale of each indi­
them. Also, you must depreciate the basis of
course of business. vidual lot. As a result, you do not recover your
each according to the depreciation rules that
entire cost in the tract until you have sold all of
would apply to the underlying property if you
4. All other assets except section 197 intan­ the lots.
had placed it in service at the same time you
gibles, goodwill, and going concern value. To determine the basis of an individual lot, placed the addition or improvement in service.
5. Section 197 intangibles except goodwill multiply the total cost of the tract by a fraction. For more information, see Pub. 946.
and going concern value. The numerator is the FMV of the lot and the de­
nominator is the FMV of the entire tract. The following items increase the basis of
6. Goodwill and going concern value property.
(whether or not they qualify as section 197 Future improvement costs. If you are a The cost of extending utility service lines to
intangibles). developer and sell subdivided lots before the the property.
development work is completed, you can (with Impact fees.
Agreement. The buyer and seller may enter IRS consent) include in the basis of the proper­ Legal fees, such as the cost of defending
into a written agreement as to the allocation of ties sold an allocation of the estimated future and perfecting title.
any consideration or the fair market value cost for common improvements. See Revenue Legal fees for obtaining a decrease in an
(FMV) of any of the assets. This agreement is assessment levied against property to pay
for local improvements.

Page 4 Publication 551 (December 2016)


Table 1. Examples of Increases and Decreases to Basis repaired property to the property before the
casualty. For more information on casualty and
Increases to Basis Decreases to Basis theft losses, see Pub. 547.
Capital improvements: Exclusion from income of subsidies for energy
Putting an addition on your home conservation measures Easements
Replacing an entire roof
Paving your driveway Casualty or theft loss deductions and The amount you receive for granting an ease­
Installing central air conditioning insurance reimbursements ment is generally considered to be a sale of an
Rewiring your home interest in real property. It reduces the basis of
Certain vehicle credits the affected part of the property. If the amount
received is more than the basis of the part of
Assessments for local improvements: Section 179 deduction
the property affected by the easement, reduce
Water connections
your basis in that part to zero and treat the ex­
Sidewalks cess as a recognized gain.
Roads
Casualty losses: Depreciation
Restoring damaged property
Vehicle Credits
Nontaxable corporate distributions
Unless you elect not to claim the qualified vehi­
Legal fees: cle credit, the alternative motor vehicle credit, or
Cost of defending and perfecting a title the qualified plug­in electric drive motor vehicle
Zoning costs credit, you may have to reduce the basis of
each qualified vehicle by certain amounts repor­
Zoning costs. Costs of removing architectural and trans­ ted. For more information on available credits,
The capitalized value of a redeemable portation barriers to people with disabilities see Form 8834, Qualified Electric Vehicle
ground rent. and the elderly. If you claim the disabled Credit; Form 8910, Alternative Motor Vehicle
access credit, you must reduce the amount Credit; Form 8936, Qualified Plug­in Electric
Assessments for you deduct or capitalize by the amount of Drive Motor Vehicle Credit; and the related in­
Local Improvements the credit. structions.

Increase the basis of property by assessments For more information about deducting or Gas-Guzzler Tax
for items such as paving roads and building capitalizing costs, see chapter 7 in Pub. 535.
ditches that increase the value of the property Decrease the basis in your car by the gas­guz­
assessed. Do not deduct them as taxes. How­ zler (fuel economy) tax if you begin using the
ever, you can deduct as taxes charges for
maintenance, repairs, or interest charges rela­
Decreases to Basis car within 1 year of the date of its first sale for
ultimate use. This rule also applies to someone
ted to the improvements. who later buys the car and begins using it not
The following are some items that reduce the
more than 1 year after the original sale for ulti­
Example. Your city changes the street in basis of property.
mate use. If the car is imported, the one­year
front of your store into an enclosed pedestrian Section 179 deduction.
period begins on the date of entry or withdrawal
mall and assesses you and other affected land­ Nontaxable corporate distributions.
of the car from the warehouse if that date is
owners for the cost of the conversion. Add the Deductions previously allowed (or allowa­
later than the date of the first sale for ultimate
assessment to your property's basis. In this ex­ ble) for amortization, depreciation, and de­
use.
ample, the assessment is a depreciable asset. pletion.
Exclusion of subsidies for energy conser­
vation measures. Section 179 Deduction
Deducting vs. Capitalizing Costs Certain vehicle credits.
Residential energy credits. If you take the section 179 deduction for all or
Do not add to your basis costs you can deduct part of the cost of qualifying business property,
Postponed gain from sale of home.
as current expenses. For example, amounts decrease the basis of the property by the de­
Investment credit (part or all) taken.
paid for incidental repairs or maintenance that duction. For more information about the section
Casualty and theft losses and insurance
are deductible as business expenses cannot be 179 deduction, see Pub. 946.
reimbursement.
added to basis. However, you can choose ei­
Certain canceled debt excluded from in­
ther to deduct or to capitalize certain other
costs. If you capitalize these costs, include
come. Exclusion of Subsidies for Energy
them in your basis. If you deduct them, do not
Rebates treated as adjustments to the Conservation Measures
sales price.
include them in your basis. See Uniform Capi­
Easements. You can exclude from gross income any sub­
talization Rules earlier.
Gas­guzzler tax. sidy you received from a public utility company
Adoption tax benefits. for the purchase or installation of any energy
The costs you can choose to deduct or to
Credit for employer­provided child care. conservation measure for a dwelling unit. Re­
capitalize include the following.
Some of these items are discussed next. duce the basis of the property for which you re­
Carrying charges, such as interest and
ceived the subsidy by the excluded amount. For
taxes, that you pay to own property, except
more information on this subsidy, see Pub. 525.
carrying charges that must be capitalized Casualties and Thefts
under the uniform capitalization rules.
Research and experimentation costs. If you have a casualty or theft loss, decrease Depreciation
Intangible drilling and development costs the basis in your property by any insurance or
for oil, gas, and geothermal wells. other reimbursement and by any deductible Decrease the basis of property by the deprecia­
Exploration costs for new mineral deposits. loss not covered by insurance. tion you deducted, or could have deducted, on
Mining development costs for a new min­ your tax returns under the method of deprecia­
eral deposit. tion you chose. If you took less depreciation
You must increase your basis in the property
Costs of establishing, maintaining, or in­ than you could have under the method chosen,
by the amount you spend on repairs that sub­
creasing the circulation of a newspaper or decrease the basis by the amount you could
stantially prolong the life of the property, in­
other periodical. have taken under that method. If you did not
crease its value, or adapt it to a different use.
take a depreciation deduction, reduce the basis
To make this determination, compare the

Publication 551 (December 2016) Page 5


by the full amount of the depreciation you could Postponed Gain From Sale of
Home
have taken.
Basis Other Than Cost
Unless a timely election is made not to de­ If you postponed gain from the sale of your
duct the special depreciation allowance for main home before May 7, 1997, you must re­ There are many times when you cannot use
property placed in service after September 10, duce the basis of your new home by the post­ cost as basis. In these cases, the fair market
2001, decrease the property's basis by the spe­ poned gain. For more information on the rules value or the adjusted basis of property may be
cial depreciation allowance you deducted or for the sale of a home, see Pub. 523. used. Adjusted basis is discussed earlier.
could have deducted.
Fair market value (FMV). FMV is the price at
If you deducted more depreciation than you
Adoption Tax Benefits which property would change hands between a
should have, decrease your basis by the buyer and a seller, neither having to buy or sell,
If you claim an adoption credit for the cost of im­
amount equal to the depreciation you should and both having reasonable knowledge of all
provements you added to the basis of your
have deducted plus the part of the excess de­ necessary facts. Sales of similar property on or
home, decrease the basis of your home by the
preciation you deducted that actually reduced about the same date may be helpful in figuring
credit allowed. This also applies to amounts you
your tax liability for the year. the property's FMV.
received under an employer's adoption assis­
tance program and excluded from income. For
In decreasing your basis for depreciation,
take into account the amount deducted on your
more information see Form 8839, Qualified Property Received
tax returns as depreciation and any deprecia­
Adoption Expenses. for Services
tion capitalized under the uniform capitalization
rules. Employer-Provided Child Care If you receive property for services, include the
property's FMV in income. The amount you in­
For information on figuring depreciation, see If you are an employer, you can claim the em­ clude in income becomes your basis. If the
Pub. 946. ployer­provided child care credit on amounts services were performed for a price agreed on
you paid or incurred to acquire, construct, reha­ beforehand, it will be accepted as the FMV of
If you are claiming depreciation on a busi­ bilitate, or expand property used as part of your the property if there is no evidence to the con­
ness vehicle, see Pub. 463. If the car is not qualified child care facility. You must reduce trary.
used more than 50% for business during the tax your basis in that property by the credit claimed.
year, you may have to recapture excess depre­ For more information, see Form 8882, Credit for Bargain Purchases
ciation. Include the excess depreciation in your Employer­Provided Child Care Facilities and
gross income and add it to your basis in the Services. A bargain purchase is a purchase of an item for
property. For information on the computation of less than its FMV. If, as compensation for serv­
excess depreciation, see chapter 4 in Pub. 463. Adjustments to Basis ices, you purchase goods or other property at
Example less than FMV, include the difference between
Canceled Debt Excluded the purchase price and the property's FMV in
From Income your income. Your basis in the property is its
In January 2011 you paid $80,000 for real prop­
FMV (your purchase price plus the amount you
erty to be used as a factory. You also paid com­
If a debt you owe is canceled or forgiven, other include in income).
missions of $2,000 and title search and legal
than as a gift or bequest, you generally must in­ fees of $600. You allocated the total cost of
clude the canceled amount in your gross in­ If the difference between your purchase
$82,600 between the land and the build­
come for tax purposes. A debt includes any in­ price and the FMV represents a qualified em­
ing—$10,325 for the land and $72,275 for the
debtedness for which you are liable or which ployee discount, do not include the difference in
building. Immediately you spent $20,000 in re­
attaches to property you hold. income. However, your basis in the property is
modeling the building before you placed it in
still its FMV. See Employee Discounts in Pub.
service. You were allowed depreciation of
You can exclude canceled debt from in­ 15­B.
$14,526 for the years 2011 through 2015. In
come in the following situations. 2014 you had a $5,000 casualty loss from a
1. Debt canceled in a bankruptcy case or storm that was not covered by insurance on the Restricted Property
when you are insolvent. building. You claimed a deduction for this loss.
You spent $5,500 to repair the damages and If you receive property for your services and the
2. Qualified farm debt. extend the useful life of the building. The adjus­ property is subject to certain restrictions, your
3. Qualified real property business debt (pro­ ted basis of the building on January 1, 2016, is basis in the property is its FMV when it be­
vided you are not a C corporation). figured as follows: comes substantially vested unless you make
the election discussed later. Property becomes
If you exclude from income canceled debt un­ Original cost of building including fees and
substantially vested when your rights in the
der situation (1) or (2), you may have to reduce commissions . . . . . . . . . . . . . . . . . . . . . . $72,275 property or the rights of any person to whom
the basis of your depreciable and nondeprecia­ Adjustments to basis: you transfer the property are not subject to a
ble property. However, in situation (3), you must Add: substantial risk of forfeiture.
reduce the basis of your depreciable property Improvements . . . . . . . . . . . . . . . . . 20,000
by the excluded amount. Repair of damages . . . . . . . . . . . . . . 5,500 There is substantial risk of forfeiture when
$97,775 the rights to full enjoyment of the property de­
For more information about canceled debt in Subtract: pend on the future performance of substantial
a bankruptcy case or during insolvency, see Depreciation . . . . $14,526
. . . . . .
services by any person.
Deducted casualty 5,000
Pub. 908, Bankruptcy Tax Guide. For more in­ 19,526
loss . . . . . . . . . . . . . . . .
formation about canceled debt that is qualified When the property becomes substantially
farm debt, see chapter 3 in Pub. 225. For more Adjusted basis on January 1, 2016 . . . . $78,249 vested, include the FMV, less any amount you
information about qualified real property busi­ paid for the property, in income.
ness debt, see chapter 5 in Pub. 334, Tax The basis of the land, $10,325, remains un­
Guide for Small Business. changed. It is not affected by any of the above Example. Your employer gives you stock
adjustments. for services performed under the condition that
you will have to return the stock unless you
complete 5 years of service. The stock is under
a substantial risk of forfeiture and is not sub­
stantially vested when you receive it. You do

Page 6 Publication 551 (December 2016)


not report any income until you have completed Money or property not similar or related. If To qualify as a like­kind exchange, you must
the 5 years of service that satisfy the condition. you receive money or property not similar or re­ hold for business or investment purposes both
lated in service or use to the converted prop­ the property you transfer and the property you
Fair market value. Figure the FMV of property erty, and you buy replacement property similar receive. There must also be an exchange of
you received without considering any restriction or related in service or use to the converted like­kind property. For more information, see
except one that by its terms will never end. property, the basis of the new property is its Like­Kind Exchanges in Pub. 544.
cost decreased by the gain not recognized on
Example. You received stock from your the conversion. The basis of the property you receive is the
employer for services you performed. If you same as the basis of the property you gave up.
want to sell the stock while you are still em­ Example. The state condemned your prop­
ployed, you must sell the stock to your em­ erty. The property had an adjusted basis of Example. You exchange real estate (adjus­
ployer at book value. At your retirement or $26,000 and the state paid you $31,000 for it. ted basis $50,000, FMV $80,000) held for in­
death, you or your estate must offer to sell the You realized a gain of $5,000 ($31,000 − vestment for other real estate (FMV $80,000)
stock to your employer at its book value. This is $26,000). You bought replacement property held for investment. Your basis in the new prop­
a restriction that by its terms will never end and similar in use to the converted property for erty is the same as the basis of the old
you must consider it when you figure the FMV. $29,000. You recognize a gain of $2,000 ($50,000).
($31,000 − $29,000), the unspent part of the
Election. You can choose to include in your payment from the state. Your gain not recog­ Exchange expenses. Exchange expenses
gross income the FMV of the property at the nized is $3,000, the difference between the are generally the closing costs you pay. They
time of transfer, less any amount you paid for it. $5,000 realized gain and the $2,000 recognized include such items as brokerage commissions,
If you make this choice, the substantially vested gain. The basis of the new property is figured as attorney fees, deed preparation fees, etc. Add
rules do not apply. Your basis is the amount you follows: them to the basis of the like­kind property re­
paid plus the amount you included in income. ceived.
See the discussion of Restricted Property in Cost of replacement property . . . . . . . . . . . $29,000
Pub. 525 for more information. Minus: Gain not recognized . . . . . . . . . . . . 3,000 Property plus cash. If you trade property in a
like­kind exchange and also pay money, the ba­
Basis of the replacement property $26,000 sis of the property received is the basis of the
Taxable Exchanges property you gave up increased by the money
Allocating the basis. If you buy more than you paid.
A taxable exchange is one in which the gain is
taxable or the loss is deductible. A taxable gain one piece of replacement property, allocate
Example. You trade in a truck (adjusted ba­
or deductible loss is also known as a recog­ your basis among the properties based on their
sis $3,000) for another truck (FMV $7,500) and
nized gain or loss. If you receive property in ex­ respective costs.
pay $4,000. Your basis in the new truck is
change for other property in a taxable ex­ $7,000 (the $3,000 basis of the old truck plus
change, the basis of property you receive is Example. The state in the previous exam­
ple condemned your unimproved real property the $4,000 paid).
usually its FMV at the time of the exchange. A
taxable exchange occurs when you receive and the replacement property you bought was
Special rules for related persons. If a
cash or property not similar or related in use to improved real property with both land and build­
like­kind exchange takes place directly or indi­
the property exchanged. ings. Allocate the replacement property's
rectly between related persons and either party
$26,000 basis between land and buildings
disposes of the property within 2 years after the
Example. You trade a tract of farm land based on their respective costs.
exchange, the exchange no longer qualifies for
with an adjusted basis of $3,000 for a tractor like­kind exchange treatment. Each person
that has an FMV of $6,000. You must report a More information. For more information about
condemnations, see Involuntary Conversions in must report any gain or loss not recognized on
taxable gain of $3,000 for the land. The tractor the original exchange. Each person reports it on
has a basis of $6,000. Pub. 544. For more information about casualty
and theft losses, see Pub. 547. the tax return filed for the year in which the later
disposition occurs. If this rule applies, the basis
Involuntary Conversions of the property received in the original ex­
Nontaxable Exchanges change will be its fair market value.
If you receive property as a result of an involun­ These rules generally do not apply to the fol­
tary conversion, such as a casualty, theft, or lowing kinds of property dispositions.
condemnation, you can figure the basis of the Terms you may need to know Dispositions due to the death of either rela­
replacement property you receive using the ba­ (see Glossary): ted person,
sis of the converted property. Intangible property Involuntary conversions, and
Like­kind property Dispositions in which neither the original
Similar or related property. If you receive re­ Personal property exchange nor the subsequent disposition
placement property similar or related in service Real property had as a main purpose the avoidance of
or use to the converted property, the replace­ Tangible property federal income tax.
ment property's basis is the old property's basis
on the date of the conversion. However, make Related persons. Generally, related per­
the following adjustments. sons are ancestors, lineal descendants, broth­
A nontaxable exchange is an exchange in ers and sisters (whole or half), and a spouse.
1. Decrease the basis by the following. which you are not taxed on any gain and you For other related persons (for example, two
a. Any loss you recognize on the conver­ cannot deduct any loss. If you receive property corporations, an individual and a corporation, a
sion, and in a nontaxable exchange, its basis is usually grantor and fiduciary, etc.), see Nondeductible
the same as the basis of the property you trans­ Loss in chapter 2 of Pub. 544.
b. Any money you receive that you do ferred. A nontaxable gain or loss is also known
not spend on similar property. as an unrecognized gain or loss. Exchange of business property. Exchanging
2. Increase the basis by the following. the assets of one business for the assets of an­
Like-Kind Exchanges other business is a multiple property exchange.
a. Any gain you recognize on the con­ For information on figuring basis, see Multiple
version, and Property Exchanges in chapter 1 of Pub. 544.
The exchange of property for the same kind of
b. Any cost of acquiring the replacement property is the most common type of nontaxa­
property. ble exchange.

Publication 551 (December 2016) Page 7


Partially Nontaxable Exchange truck's FMV. The rest ($12,500) is the basis of For information on figuring your basis for de­
the real estate. preciation, see Pub. 463.
A partially nontaxable exchange is an exchange
in which you receive unlike property or money
in addition to like property. The basis of the
Sale and Purchase Property Transferred
property you receive is the same as the basis of If you sell property and buy similar property in
From a Spouse
the property you gave up, with the following ad­ two mutually dependent transactions, you may
justments. The basis of property transferred to you or
have to treat the sale and purchase as a single
transferred in trust for your benefit by your
1. Decrease the basis by the following nontaxable exchange.
spouse (or former spouse if the transfer is inci­
amounts. dent to divorce) is the same as your spouse's
Example. You are a salesperson and you
a. Any money you receive, and use one of your cars 100% for business. You adjusted basis. However, adjust your basis for
have used this car in your sales activities for 2 any gain recognized by your spouse or former
b. Any loss you recognize on the ex­ spouse on property transferred in trust. This
change. years and have depreciated it. Your adjusted
basis in the car is $22,600 and its FMV is rule applies only to a transfer of property in trust
2. Increase the basis by the following $23,100. You are interested in a new car, which in which the liabilities assumed, plus the liabili­
amounts. sells for $28,000. If you trade your old car and ties to which the property is subject, are more
pay $4,900 for the new one, your basis for de­ than the adjusted basis of the property transfer­
a. Any additional costs you incur, and red.
preciation for the new car would be $27,500
b. Any gain you recognize on the ex­ ($4,900 plus the $22,600 basis of your old car). If the property transferred to you is a series
change. However, you want a higher basis for depreciat­ E, series EE, or series I United States savings
ing the new car, so you agree to pay the dealer bond, the transferor must include in income the
If the other party to the exchange assumes $28,000 for the new car if he will pay you interest accrued to the date of transfer. Your ba­
your liabilities, treat the debt assumption as $23,100 for your old car. Because the two sis in the bond immediately after the transfer is
money you received in the exchange. transactions are dependent on each other, you equal to the transferor's basis increased by the
are treated as having exchanged your old car interest income includible in the transferor's in­
Example. You traded a truck (adjusted ba­ for the new one and paid $4,900 ($28,000 −
sis $6,000) for a new truck (FMV $5,200) and come. For more information on these bonds,
$23,100). Your basis for depreciating the new see Pub. 550.
$1,000 cash. You realized a gain of $200 car is $27,500, the same as if you traded the old
($6,200 − $6,000). This is the FMV of the truck car. At the time of the transfer, the transferor
received plus the cash minus the adjusted basis must give you the records necessary to deter­
of the truck you traded ($5,200 + $1,000 – mine the adjusted basis and holding period of
$6,000). You include all the gain in income (rec­ Partial Business Use of Property
the property as of the date of transfer.
ognized gain) because the gain is less than the
If you have property used partly for business
cash received. Your basis in the new truck is: For more information, see Pub. 504, Di­
and partly for personal use, and you exchange
vorced or Separated Individuals.
it in a nontaxable exchange for property to be
Adjusted basis of old truck . . . . . . . . . $6,000
. . . .
used wholly or partly in your business, the basis
Minus: Cash received (adjustment 1(a)) . . . . 1,000
of the property you receive is figured separately Property
Plus: Gain recognized (adjustment 2(b)) . . . .
$5,000
200
for the business and nonbusiness use parts. Received as a Gift
The part of the property used for business is an
Basis of new truck . . . . . . . . . . . . . $5,200 exchange of like­kind property. The per­ To figure the basis of property you receive as a
sonal­use part of the property is property on gift, you must know its adjusted basis (defined
which gain is recognized and loss is not recog­ earlier) to the donor just before it was given to
Allocation of basis. Allocate the basis first to nized.
the unlike property, other than money, up to its you, its FMV at the time it was given to you, and
FMV on the date of the exchange. The rest is any gift tax paid on it.
the basis of the like property. Figure the adjusted basis of each part of the
property by taking into account any adjustments FMV Less Than
to basis. Deduct the depreciation you took or
Example. You had an adjusted basis of Donor's Adjusted Basis
$15,000 in real estate you held for investment. could have taken from the adjusted basis of the
You exchanged it for other real estate to be held business part. Then figure the amount realized If the FMV of the property at the time of the gift
for investment with an FMV of $12,500, a truck for your property and allocate it to the business is less than the donor's adjusted basis, your ba­
with an FMV of $3,000, and $1,000 cash. The and nonbusiness parts of the property. sis depends on whether you have a gain or a
truck is unlike property. You realized a gain of loss when you dispose of the property. Your ba­
$1,500 ($16,500 − $15,000). This is the FMV of You are deemed to have received, in ex­ sis for figuring gain is the same as the donor's
the real estate received plus the FMV of the change for the nonbusiness part, an amount adjusted basis plus or minus any required ad­
truck received plus the cash minus the adjus­ equal to its FMV on the date of the exchange. justment to basis while you held the property.
ted basis of the real estate you traded ($12,500 The basis of the property you acquired is the to­ Your basis for figuring loss is its FMV when you
+ $3,000 + $1,000 – $15,000). You include in tal basis of the property transferred (adjusted to received the gift plus or minus any required ad­
income (recognize) all $1,500 of the gain be­ the date of the exchange), increased by any justment to basis while you held the property
cause it is less than the FMV of the unlike prop­ gain recognized on the nonbusiness part. (see Adjusted Basis earlier).
erty plus the cash received. Your basis in the
If the nonbusiness part of the property
properties you received is figured as follows. If you use the donor's adjusted basis for fig­
TIP transferred is your main home, you
may qualify to exclude from income all uring a gain and get a loss, and then use the
Adjusted basis of real estate transferred . . . $15,000 or part of the gain on that part. For more infor­ FMV for figuring a loss and have a gain, you
Minus: Cash received (adjustment 1(a)) . . . 1,000
mation, see Pub. 523. have neither gain nor loss on the sale or dispo­
$14,000 sition of the property.
Plus: Gain recognized (adjustment 2(b)) . . . 1,500
Trade of car used partly in business. If you Example. You received an acre of land as
Total basis of properties received $15,500 trade in a car you used partly in your business a gift. At the time of the gift, the land had an
for another car you will use in your business, FMV of $8,000. The donor's adjusted basis was
Allocate the total basis of $15,500 first to the your basis for depreciation of the new car is not $10,000. After you received the land, no events
unlike property — the truck ($3,000). This is the the same as your basis for figuring a gain or occurred to increase or decrease your basis. If
loss on its sale. you sell the land for $12,000, you will have a

Page 8 Publication 551 (December 2016)


$2,000 gain because you must use the donor's Example. In 2016, you received a gift of half the value of the community property inter­
adjusted basis ($10,000) at the time of the gift property from your mother that had an FMV of est must be includable in the decedent's gross
as your basis to figure gain. If you sell the land $50,000. Her adjusted basis was $20,000. The estate, whether or not the estate must file a re­
for $7,000, you will have a $1,000 loss because amount of the gift for gift tax purposes was turn.
you must use the FMV ($8,000) at the time of $36,000 ($50,000 minus the $14,000 annual
the gift as your basis to figure a loss. exclusion). She paid a gift tax of $7,320. Your For example, you and your spouse owned
If the sales price is between $8,000 and basis, $26,075, is figured as follows: community property that had a basis of
$10,000, you have neither gain nor loss. For in­ $80,000. When your spouse died, half the FMV
stance, if the sales price was $9,000 and you Fair market value . . . . . . . . . . . . . . . . . $50,000 of the community interest was includable in your
tried to figure a gain using the donor's adjusted Minus: Adjusted basis . . . . . . . . . . . . . . 20,000 spouse's estate. The FMV of the community in­
basis ($10,000), you would get a $1,000 loss. If Net increase in value . . . . . . . . . . . . . . . $30,000 terest was $100,000. The basis of your half of
you then tried to figure a loss using the FMV Gift tax paid . . . . . . . . . . . . . . . . . . . . . $7,320 the property after the death of your spouse is
($8,000), you would get a $1,000 gain. Multiplied by ($30,000 ÷ $36,000) . . . . . . 0.83 $50,000 (half of the $100,000 FMV). The basis
Gift tax due to net increase in value . . . . . $6,075 of the other half to your spouse's heirs is also
Business property. If you hold the gift as Adjusted basis of property to your $50,000.
business property, your basis for figuring any mother . . . . . . . . . . . . . . . . . . . . . . . 20,000
depreciation, depletion, or amortization deduc­ Your basis in the property . . . . . . . $26,075
For more information on community prop­
tion is the same as the donor's adjusted basis
erty, see Pub. 555, Community Property.
plus or minus any required adjustments to basis
while you hold the property. Inherited Property
Property Held by Surviving Tenant
FMV Equal to or More Than The basis of property inherited from a decedent
is generally one of the following. The following example explains the rule for the
Donor's Adjusted Basis basis of property held by a surviving tenant in
1. The FMV of the property at the date of the joint tenancy or tenancy by the entirety.
If the FMV of the property is equal to or greater individual's death.
than the donor's adjusted basis, your basis is
2. The FMV on the alternate valuation date if Example. John and Jim owned, as joint
the donor's adjusted basis at the time you re­
the personal representative for the estate tenants with right of survivorship, business
ceived the gift. Increase your basis by all or part
chooses to use alternate valuation. For in­ property they purchased for $30,000. John fur­
of any gift tax paid, depending on the date of
formation on the alternate valuation date, nished two­thirds of the purchase price and Jim
the gift.
see the Instructions for Form 706. furnished one­third. Depreciation deductions al­
lowed before John's death were $12,000. Un­
Also, for figuring gain or loss from a sale or 3. The value under the special­use valuation der local law, each had a half interest in the in­
other disposition of the property, or for figuring method for real property used in farming or come from the property. At the date of John's
depreciation, depletion, or amortization deduc­ a closely held business if chosen for es­ death, the property had an FMV of $60,000,
tions on business property, you must increase tate tax purposes. This method is dis­ two­thirds of which is includable in John's es­
or decrease your basis by any required adjust­ cussed later. tate. Jim figures his basis in the property at the
ments to basis while you held the property. See
4. The decedent's adjusted basis in land to date of John's death as follows:
Adjusted Basis earlier.
the extent of the value excluded from the
Gift received before 1977. If you received a decedent's taxable estate as a qualified Interest Jim bought with his
gift before 1977, increase your basis in the gift conservation easement. For information own funds—1 3 of $30,000
(the donor's adjusted basis) by any gift tax paid on a qualified conservation easement, see cost . . . . . . . . . . . . . . . . . $10,000

on it. However, do not increase your basis the Instructions for Form 706. Interest Jim received on John's
death—2 3 of $60,000
above the FMV of the gift at the time it was If a federal estate tax return does not have FMV . . . . . . . . . . . . . . . . . 40,000 $50,000
given to you. to be filed, your basis in the inherited property is Minus: 1 2 of $12,000 depreciation before
its appraised value at the date of death for state John's death . . . . . . . . . . . . . . . . . . 6,000
Example 1. You were given a house in inheritance or transmission taxes. Jim's basis at the date of John's
1976 with an FMV of $21,000. The donor's ad­ $44,000
For more information, see the Instructions death . . . . . . . . . . . . . . . .
justed basis was $20,000. The donor paid a gift
tax of $500. Your basis is $20,500, the donor's for Form 706.
If Jim had not contributed any part of the pur­
adjusted basis plus the gift tax paid. chase price, his basis at the date of John's
Appreciated property. The above rule does
not apply to appreciated property you receive death would be $54,000. This is figured by sub­
Example 2. If, in Example 1, the gift tax
from a decedent if you or your spouse originally tracting from the $60,000 FMV, the $6,000 de­
paid had been $1,500, your basis would be
gave the property to the decedent within 1 year preciation allocated to Jim's half interest before
$21,000. This is the donor's adjusted basis plus
before the decedent's death. Your basis in this the date of death.
the gift tax paid, limited to the FMV of the house
property is the same as the decedent's adjusted If under local law Jim had no interest in the
at the time you received the gift.
basis in the property immediately before his or income from the property and he contributed no
her death, rather than its FMV. Appreciated part of the purchase price, his basis at John's
Gift received after 1976. If you received a gift
property is any property whose FMV on the day death would be $60,000, the FMV of the prop­
after 1976, increase your basis in the gift (the
it was given to the decedent is more than its ad­ erty.
donor's adjusted basis) by the part of the gift tax
paid on it that is due to the net increase in value justed basis.
of the gift. Figure the increase by multiplying the Qualified Joint Interest
gift tax paid by a fraction. The numerator of the Community Property
fraction is the net increase in value of the gift Include one­half of the value of a qualified joint
and the denominator is the amount of the gift. In community property states (Arizona, Califor­ interest in the decedent's gross estate. It does
The net increase in value of the gift is the nia, Idaho, Louisiana, Nevada, New Mexico, not matter how much each spouse contributed
FMV of the gift less the donor's adjusted basis. Texas, Washington, and Wisconsin), married to the purchase price. Also, it does not matter
The amount of the gift is its value for gift tax pur­ individuals are each usually considered to own which spouse dies first.
poses after reduction by any annual exclusion half the community property. When either
and marital or charitable deduction that applies spouse dies, the total value of the community A qualified joint interest is any interest in
to the gift. For information on the gift tax, see property, even the part belonging to the surviv­ property held by married individuals as either of
Pub. 559, Survivors, Executors, and Adminis­ ing spouse, generally becomes the basis of the the following.
trators. entire property. For this rule to apply, at least Tenants by the entirety, or

Publication 551 (December 2016) Page 9


Joint tenants with right of survivorship if the For more information, see the Instructions
married couple are the only joint tenants. for Form 706 and the Instructions for Form
706­A. How To Get Tax Help
Basis. As the surviving spouse, your basis in
property you owned with your spouse as a If you have questions about a tax issue, need
qualified joint interest is the cost of your half of
Property Changed to help preparing your tax return, or want to down­
the property with certain adjustments. Decrease Business or Rental Use load free publications, forms, or instructions, go
the cost by any deductions allowed to you for to IRS.gov and find resources that can help you
depreciation and depletion. Increase the re­ If you hold property for personal use and then right away.
duced cost by your basis in the half you inheri­ change it to business use or use it to produce
ted. rent, you must figure its basis for depreciation. Preparing and filing your tax return. Find
An example of changing property held for per­ free options to prepare and file your return on
IRS.gov or in your local community if you qual­
Farm or Closely Held Business sonal use to business use would be renting out
ify.
your former main home.
Under certain conditions, when a person dies The Volunteer Income Tax Assistance
the executor or personal representative of that Basis for depreciation. The basis for depreci­ (VITA) program offers free tax help to people
person's estate can choose to value the quali­ ation is the lesser of the following amounts. who generally make $54,000 or less, persons
fied real property on other than its FMV. If so, The FMV of the property on the date of the with disabilities, the elderly, and limited­Eng­
the executor or personal representative values change, or lish­speaking taxpayers who need help prepar­
the qualified real property based on its use as a Your adjusted basis on the date of the ing their own tax returns. The Tax Counseling
farm or its use in a closely held business. If the change. for the Elderly (TCE) program offers free tax
executor or personal representative chooses help for all taxpayers, particularly those who are
this method of valuation for estate tax purposes, Example. Several years ago you paid 60 years of age and older. TCE volunteers spe­
that value is the basis of the property for the $160,000 to have your home built on a lot that cialize in answering questions about pensions
heirs. Qualified heirs should be able to get the cost $25,000. You paid $20,000 for permanent and retirement­related issues unique to seniors.
necessary value from the executor or personal improvements to the house and claimed a You can go to IRS.gov and click on the Fil­
representative of the estate. $2,000 casualty loss deduction for damage to ing tab to see your options for preparing and fil­
the house before changing the property to ing your return which include the following.
Special-use valuation. If you are a qualified rental use last year. Because land is not depre­ Free File. Go to IRS.gov/freefile. See if
heir who received special­use valuation prop­ ciable, you include only the cost of the house you qualify to use brand­name software to
erty, your basis in the property is the estate's or when figuring the basis for depreciation. prepare and e­file your federal tax return
trust's basis in that property immediately before Your adjusted basis in the house when you for free.
the distribution. Increase your basis by any gain changed its use was $178,000 ($160,000 + VITA. Go to IRS.gov/vita, download the
recognized by the estate or trust because of $20,000 − $2,000). On the same date, your free IRS2Go app, or call 1­800­906­9887
post­death appreciation. Post­death apprecia­ property had an FMV of $180,000, of which to find the nearest VITA location for free
tion is the property's FMV on the date of distri­ $15,000 was for the land and $165,000 was for tax preparation.
bution minus the property's FMV either on the the house. The basis for figuring depreciation TCE. Go to IRS.gov/tce, download the free
date of the individual's death or the alternate on the house is its FMV on the date of change IRS2Go app, or call 1­888­227­7669 to
valuation date. Figure all FMVs without regard ($165,000) because it is less than your adjusted find the nearest TCE location for free tax
to the special­use valuation. basis ($178,000). preparation.
You can elect to increase your basis in spe­ Getting answers to your tax law
cial­use valuation property if it becomes subject Sale of property. If you later sell or dispose of
property changed to business or rental use, the questions. On IRS.gov get answers to
to the additional estate tax. This tax is assessed your tax questions anytime, anywhere.
if, within 10 years after the death of the dece­ basis of the property you use will depend on
dent, you transfer the property to a person who whether you are figuring gain or loss.
is not a member of your family or the property Gain. The basis for figuring a gain is your Go to IRS.gov/help or IRS.gov/letushelp
stops being used as a farm or in a closely held adjusted basis when you sell the property. pages for a variety of tools that will help
business. you get answers to some of the most com­
To increase your basis in the property, you Example. Assume the same facts as in the mon tax questions.
must make an irrevocable election and pay in­ previous example except that you sell the prop­ Go to IRS.gov/ita for the Interactive Tax
terest on the additional estate tax figured from erty at a gain after being allowed depreciation Assistant, a tool that will ask you questions
the date 9 months after the decedent's death deductions of $37,500. Your adjusted basis for on a number of tax law topics and provide
until the date of the payment of the additional figuring gain is $165,500 ($178,000 + $25,000 answers. You can print the entire interview
estate tax. If you meet these requirements, in­ (land) − $37,500). and the final response for your records.
crease your basis in the property to its FMV on Go to IRS.gov/pub17 to get Pub. 17, Your
the date of the decedent's death or the alternate Loss. Figure the basis for a loss starting Federal Income Tax for Individuals, which
valuation date. The increase in your basis is with the smaller of your adjusted basis or the features details on tax­saving opportuni­
considered to have occurred immediately be­ FMV of the property at the time of the change to ties, 2016 tax changes, and thousands of
fore the event that results in the additional es­ business or rental use. Then adjust this amount interactive links to help you find answers to
tate tax. for the period after the change in the property's your questions. View it online in HTML or
You make the election by filing with Form use, as discussed earlier under Adjusted Basis, as a PDF or, better yet, download it to your
706­A a statement that does all of the following. to arrive at a basis for loss. mobile device to enjoy eBook features.
Contains your name, address, and tax­ You may also be able to access tax law in­
Example. Assume the same facts as in the formation in your electronic filing software.
payer identification number and those of
previous example, except that you sell the prop­
the estate;
erty at a loss after being allowed depreciation Getting tax forms and publications. Go to
Identifies the election as an election under
deductions of $37,500. In this case, you would IRS.gov/forms to view, download, or print all of
section 1016(c) of the Internal Revenue
start with the FMV on the date of the change to the forms and publications you may need. You
Code;
rental use ($180,000) because it is less than the can also download and view popular tax publi­
Specifies the property for which the elec­
adjusted basis of $203,000 ($178,000 + cations and instructions (including the 1040 in­
tion is made; and
$25,000) on that date. Reduce that amount structions) on mobile devices as an eBook at no
Provides any additional information re­
($180,000) by the depreciation deductions to charge. Or, you can go to IRS.gov/orderforms
quired by the Instructions for Form 706­A.
arrive at a basis for loss of $142,500 ($180,000
− $37,500).

Page 10 Publication 551 (December 2016)


to place an order and have forms mailed to you This applies to the entire refund, not just service you need without waiting. Before you
within 10 business days. the portion associated with these credits. visit, go to IRS.gov/taclocator to find the nearest
Download the official IRS2Go app to your TAC, check hours, available services, and ap­
Using direct deposit. The fastest way to re­ mobile device to check your refund status. pointment options. Or, on the IRS2Go app, un­
ceive a tax refund is to combine direct deposit Call the automated refund hotline at der the Stay Connected tab, choose the Con­
and IRS e­file. Direct deposit securely and elec­ 1­800­829­1954. tact Us option and click on “Local Offices.”
tronically transfers your refund directly into your
financial account. Eight in 10 taxpayers use di­ Making a tax payment. The IRS uses the lat­ Watching IRS videos. The IRS Video portal
rect deposit to receive their refund. IRS issues est encryption technology to ensure your elec­ (IRSvideos.gov) contains video and audio pre­
more than 90% of refunds in less than 21 days. tronic payments are safe and secure. You can sentations for individuals, small businesses,
make electronic payments online, by phone, and tax professionals.
Delayed refund for returns claiming certain and from a mobile device using the IRS2Go
credits. Due to changes in the law, the IRS app. Paying electronically is quick, easy, and Getting tax information in other languages.
can’t issue refunds before February 15, 2017, faster than mailing in a check or money order. For taxpayers whose native language isn’t Eng­
for returns that claim the earned income credit Go to IRS.gov/payments to make a payment lish, we have the following resources available.
(EIC) or the additional child tax credit (ACTC). using any of the following options. Taxpayers can find information on IRS.gov in
This applies to the entire refund, not just the IRS Direct Pay: Pay your individual tax bill the following languages.
portion associated with these credits. or estimated tax payment directly from Spanish (IRS.gov/spanish).
your checking or savings account at no Chinese (IRS.gov/chinese).
Getting a transcript or copy of a return. The cost to you. Vietnamese (IRS.gov/vietnamese).
quickest way to get a copy of your tax transcript Debit or credit card: Choose an ap­ Korean (IRS.gov/korean).
is to go to IRS.gov/transcripts. Click on either proved payment processor to pay online, Russian (IRS.gov/russian).
"Get Transcript Online" or "Get Transcript by by phone, and by mobile device. The IRS TACs provide over­the­phone inter­
Mail" to order a copy of your transcript. If you Electronic Funds Withdrawal: Offered preter service in over 170 languages, and the
prefer, you can: only when filing your federal taxes using service is available free to taxpayers.
Order your transcript by calling tax preparation software or through a tax
1­800­908­9946. professional.
Mail Form 4506­T or Form 4506T­EZ (both Electronic Federal Tax Payment Sys- The Taxpayer Advocate
available on IRS.gov). tem: Best option for businesses. Enroll­ Service Is Here To Help You
ment is required.
Using online tools to help prepare your re- Check or money order: Mail your pay­ What is the Taxpayer Advocate
turn. Go to IRS.gov/tools for the following. ment to the address listed on the notice or Service?
The Earned Income Tax Credit Assistant instructions.
(IRS.gov/eic) determines if you are eligible Cash: If cash is your only option, you may The Taxpayer Advocate Service (TAS) is an in­
for the EIC. be able to pay your taxes at a participating dependent organization within the IRS that
The Online EIN Application (IRS.gov/ein) retail store. helps taxpayers and protects taxpayer rights.
helps you get an employer identification Our job is to ensure that every taxpayer is
number. What if I can’t pay now? Go to IRS.gov/ treated fairly and that you know and understand
The IRS Withholding Calculator (IRS.gov/ payments for more information about your op­ your rights under the Taxpayer Bill of Rights.
w4app) estimates the amount you should tions.
have withheld from your paycheck for fed­ Apply for an online payment agreement What Can the Taxpayer Advocate
eral income tax purposes. (IRS.gov/opa) to meet your tax obligation Service Do For You?
The First Time Homebuyer Credit Account in monthly installments if you can’t pay
Look­up (IRS.gov/homebuyer) tool pro­ your taxes in full today. Once you complete We can help you resolve problems that you
vides information on your repayments and the online process, you will receive imme­ can’t resolve with the IRS. And our service is
account balance. diate notification of whether your agree­ free. If you qualify for our assistance, you will be
The Sales Tax Deduction Calculator ment has been approved. assigned to one advocate who will work with
(IRS.gov/salestax) figures the amount you Use the Offer in Compromise Pre­Qualifier you throughout the process and will do every­
can claim if you itemize deductions on (IRS.gov/oic) to see if you can settle your thing possible to resolve your issue. TAS can
Schedule A (Form 1040), choose not to tax debt for less than the full amount you help you if:
claim state and local income taxes, and owe. Your problem is causing financial difficulty
you didn’t save your receipts showing the for you, your family, or your business,
sales tax you paid. Checking the status of an amended return. You face (or your business is facing) an
Go to IRS.gov and click on Where’s My immediate threat of adverse action, or
Resolving tax-related identity theft issues. Amended Return? (IRS.gov/wmar) under the You’ve tried repeatedly to contact the IRS
The IRS doesn’t initiate contact with tax­ “Tools” bar to track the status of Form 1040X but no one has responded, or the IRS
payers by email or telephone to request amended returns. Please note that it can take hasn’t responded by the date promised.
personal or financial information. This in­ up to 3 weeks from the date you mailed your
cludes any type of electronic communica­ amended return for it to show up in our system
tion, such as text messages and social me­
How Can You Reach Us?
and processing it can take up to 16 weeks.
dia channels. We have offices in every state, the District of
Go to IRS.gov/idprotection for information Understanding an IRS notice or letter. Go to Columbia, and Puerto Rico. Your local advo­
and videos. IRS.gov/notices to find additional information cate’s number is in your local directory and at
If your SSN has been lost or stolen or you about responding to an IRS notice or letter. taxpayeradvocate.irs.gov. You can also call us
suspect you are a victim of tax­related at 1­877­777­4778.
identity theft, visit IRS.gov/id to learn what Contacting your local IRS office. Keep in
steps you should take. mind, many questions can be resolved on
IRS.gov without visiting an IRS Tax Assistance How Can You Learn About Your
Checking on the status of your refund. Center (TAC). Go to IRS.gov/letushelp for the Taxpayer Rights?
Go to IRS.gov/refunds. topics people ask about most. If you still need
Due to changes in the law, the IRS can’t is­ help, IRS TACs provide tax help when a tax is­ The Taxpayer Bill of Rights describes 10 basic
sue refunds before February 15, 2017, for sue can’t be handled online or by phone. All rights that all taxpayers have when dealing with
returns that claim the EIC or the ACTC. TACs now provide service by appointment so the IRS. Our Tax Toolkit at
you’ll know in advance that you can get the taxpayeradvocate.irs.gov can help you

Publication 551 (December 2016) Page 11


understand what these rights mean to you and these broad issues, please report it to us at and need to resolve tax problems such as au­
how they apply. These are your rights. Know IRS.gov/sams. dits, appeals, and tax collection disputes. Some
them. Use them. clinics can provide information about taxpayer
rights and responsibilities in different languages
Low Income Taxpayer for individuals who speak English as a second
How Else Does the Taxpayer Clinics
Advocate Service Help Taxpayers? language. To find a clinic near you, visit
IRS.gov/litc or see IRS Publication 4134, Low
TAS works to resolve large­scale problems that Low Income Taxpayer Clinics (LITCs) serve in­ Income Taxpayer Clinic List.
affect many taxpayers. If you know of one of dividuals whose income is below a certain level

Glossary
Amortization: A ratable deduction recover your basis in property that is Intangible property: Property that the cost of certain property pur­
for the cost of certain intangible used more than one year for busi­ cannot be perceived by the senses chased for use in the active conduct
property over the period specified ness or income producing purposes. such as goodwill, patents, copy­ of a trade or business.
by law. Examples of costs that can rights, etc.
be amortized are goodwill, agree­ Fair market value (FMV): FMV is Section 197 intangibles: Certain
ment not to compete, and research the price at which property would Like-kind property: Items of prop­ intangibles held in connection with
and mining exploration costs. change hands between a buyer and erty with the same nature or charac­ the conduct of a trade or business or
a seller, neither having to buy or sell, ter. The grade or quality of the prop­ an activity entered into for profit, in­
Business assets: Property used in and both having reasonable knowl­ erties does not matter. Examples cluding goodwill, going concern
the conduct of a trade or business, edge of all necessary facts. are two vacant plots of land. value, patents, copyrights, formulas,
such as business machinery and of­ franchises, trademarks, and trade
fice furniture. Going concern value: Going con­ Personal property: Property, such names.
cern value is the additional value as machinery, equipment, or furni­
Capitalization: Adding costs, such that attaches to property because ture, that is not real property. Tangible property: This is prop­
as improvements, to the basis of as­ the property is an integral part of an erty that can be seen or touched,
sets. ongoing business activity. It includes Real property: Land and generally such as furniture and buildings.
value based on the ability of a busi­ anything erected on, growing on, or
Depletion: Yearly deduction al­ ness to continue to function and attached to land, for example, a Unstated interest: The part of the
lowed to recover your investment in generate income even though there building. sales price treated as interest when
minerals in place or standing timber. is a change in ownership. an installment contract provides for
To take the deduction, you must Recapture: Amount of depreciation little or no interest.
have the right to income from the ex­ Goodwill: Goodwill is the value of a or section 179 deduction that must
traction and sale of the minerals or trade or business based on expec­ be reported as ordinary income
the cutting of the timber. ted continued customer patronage when property is sold at a gain.
due to its name, reputation, or any
Depreciation: Ratable deduction other factor. Section 179 deduction: This is a
allowed over a number of years to special deduction allowed against

Page 12 Publication 551 (December 2016)


To help us develop a more useful index, please let us know if you have ideas for index entries.
Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.

Change to business use 10 Fair market value 6


A Community property 9 G Restricted property 6
Adjusted basis: Constructing assets 3 Gain from sale of home 6 Property transferred from a
Adoption tax benefits 6 Copyrights 4 Gifts, property received 8 spouse 8
Assessment for local Cost basis: Group of assets acquired 4 Publications (See Tax help)
improvements 5 Allocating basis 4
Canceled debt 6 Assumption of mortgage 3
Casualty and theft losses 5 Capitalized costs 3, 5 I R
Credit for qualified electric Loans, low or no interest 2 Identity theft 11 Real estate taxes 2
vehicles 5 Real estate taxes 2 Inherited property 9 Real property 2
Decreases to 5 Real property 2 Intangible assets 3
Depreciation 5 Settlement costs (fees) 2 Involuntary exchanges 7
Easements 5 S
Employer­provided child care 6 Settlement costs (fees) 2
Example 6 D L Special-use valuation 10
Gain from sale of home 6 Decreases to basis 5 Land and buildings 4 Spouse, property transferred
Gas­guzzler tax 5 Demolition of building 4 Loans, low or no interest 2 from 8
Increases to 4 Depreciation 5 Stocks and bonds 2
Section 179 deduction 5 Subdivided lots 4
Subsidies for energy N
conservation 5 E Nontaxable exchanges:
Adoption tax benefits 6 Easements 5 Like­kind 7 T
Allocating basis 4 Employer-provided child care 6 Partial 8 Taxable exchanges 7
Assistance (See Tax help) Exchanges: Tax help 10
Assumption of mortgage 3 Involuntary 7 Trademarks and trade names 4
Like­kind 7 Trade or business acquired 4
P
Nontaxable 7 Trading property (see
Partially nontaxable
B Partial business use of Exchanges) 7
exchanges 8
Business acquired 4 property 8 Patents 3
Business assets 3 Taxable 7 Points 3
Businesses exchanged 7 Property changed to business U
use 10 Uniform capitalization rules:
F Property received as a gift 8 Activities subject to the rules 3
C Fair market value 6 Property received for services: Exceptions 3
Canceled debt 6 Franchises 4 Bargain purchases 6
Casualty and theft losses 5

Publication 551 (December 2016) Page 13

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