Академический Документы
Профессиональный Документы
Культура Документы
Capital assets
· Include all other property held by the taxpayer, whether or not connected with
his trade or business not included in the definition or ordinary assets above.
Examples:
- Stock and securities held by taxpayers other than dealers in securities.
- Interest in partnership and joint venture
- Goodwill
- Real property not used in trade or business (i. e., residential house and lot)
- Investment property
DEFINITION OF TERMS
Capital gain – Gain from the sale, exchange, or other disposition of capital asset
Ordinary gain – Gain realized from the sale or exchange of ordinary asset
including gains from performance of services and business.
Capital loss – Loss from the sale, exchange, or other disposition of capital asset.
Ordinary loss – Loss incurred from the sale or exchange of ordinary asset. (It also
means the excess of deductions over the gross income of a taxpayer during a
taxable year, or net operating loss).
Net Capital Gain – Excess of the gains from sales or exchanges of capital assets
over the losses from such sales or exchanges.
Holding Period – Length of time the asset was held by the taxpayer. It covers the
period from the date of acquisition to the date of sale or exchange.
Net Capital Loss – Excess of the losses from sales or exchanges of capital assets
over the gains from such sales or exchanges
Dealers in Securities – All persons, who for their own account are engaged in the
sale of stocks, bonds, exchanges, bullions, coined money, bank notes, promissory
notes, or other securities as licensed by the SEC.
TAX IMPLICATIONS
1. Sale, barter, or exchanges of shares of stocks listed or traded through the local
stock exchange. – ½ of 1% of the gross selling price or gross value in money of
the shares of stock sold.
Up to 25% = 4%
Over 25% but not over 33 or 1/3% = 2%
Over 33 1/3 = 1%
1. Capital gains from the sale of shares of stock not traded in the stock exchange
Individual Taxpayers
1- Percentage to be recognized based on holding period
(the length of time the asset was held by the taxpayer
· 100% - if capital asset has been held for 12 months or less
· 50% - if capital asset has been held for more than 12 months
Corporations
Any loss sustained by a domestic or any trust company from sale of bonds,
debentures, notes, or certificate or other evidences of indebtedness issued by any
corporation, including those issued by the government is considered as these are
subject to final capital gains taxes.