Definition
Personal Property, also known as personalty, refers to movable items distinct from real property, which comprises immovable items like land and buildings. Personal property includes goods, furnishings, vehicles, machinery, and equipment. In the context of taxation, personal property used in a trade or business has specific tax implications and benefits.
Tax Treatment
Gains on the sale of personal property used in a trade or business are generally taxed under Section 1231 of the Internal Revenue Code as though they were capital gains. However, any gains attributable to depreciation recapture are taxed as ordinary income. On the other hand, Section 1231 losses are treated as ordinary losses.
Tax Benefits
Personal property used in a trade or business may be eligible for certain tax incentives such as the Investment Tax Credit or accelerated depreciation options like Additional First-Year Depreciation and Section 179 expensing.
Examples
- Office Equipment: Computers, printers, and desks used in a company’s operations.
- Machinery: Equipment used in manufacturing processes.
- Vehicles: Company cars or trucks used for business purposes.
Frequently Asked Questions
What is the difference between personal property and real property?
Real property refers to land and permanent structures attached to it, while personal property refers to movable items not fixed permanently to a location.
How are gains on the sale of personal property taxed?
Gains on the sale of personal property used in trade or business are generally taxed under Section 1231 as capital gains, except for amounts recaptured as ordinary income due to depreciation.
What is depreciation recapture?
Depreciation recapture is the portion of the gain on the sale of depreciable personal property that is taxed as ordinary income to recover deductions previously claimed for depreciation.
What is Section 1231 of the Internal Revenue Code?
Section 1231 applies to property used in trade or business and allows for preferential tax treatment, including capital gains treatment for gains and ordinary loss treatment for losses.
Can I claim an Investment Tax Credit for personal property?
Yes, certain personal property used in trade or business may qualify for the Investment Tax Credit, encouraging investment by offering a tax reduction.
Related Terms with Definitions
Real Property
Real property refers to land and anything permanently attached to it, such as buildings and structures.
Depreciation Recapture
Depreciation recapture is the process of taxing the portion of the gain from the sale of a depreciable asset that corresponds to prior depreciation deductions as ordinary income.
Ordinary Income
Ordinary income includes wages, rent, interest, and profits from regular business operations, which are taxed at the standard income tax rates.
Section 179
Section 179 allows businesses to deduct the full purchase price of qualifying personal property in the year it is purchased, subject to limits.
Additional First-Year Depreciation
Additional first-year depreciation, also known as bonus depreciation, allows businesses to take an extra deduction for certain qualified properties in the first year they are placed into service.
Online References
Suggested Books for Further Studies
- Taxation for Dummies by Eric Tyson
- J.K. Lasser’s Your Income Tax by J.K. Lasser Institute
- Federal Income Taxation by Joseph Bankman and Thomas Griffith
- Principles of Taxation for Business and Investment Planning by Sally M. Jones and Shelley C. Rhoades-Catanach
Fundamentals of Personal Property: Taxation Basics Quiz
Thank you for exploring the comprehensive aspects of personal property, its tax implications, and accessory benefits under current laws. Delve deeper into these topics through further study and practical application in your business world!
