[quote]countingbeans wrote:
[quote]usmccds423 wrote:
[quote]countingbeans wrote:
[quote]pittbulll wrote:
Another senario . I buy $100,000 in cars and fix them all sell them for a $1,000,000
I buy a piece of land for $100,000 and fix it sell it for a $1,000,000
everythinhg is the same finacialy . I am curious would I pay the same taxes on both business deals and why ?[/quote]
Depends on what you do for a living. If these activities are how you make a living they are ordinary income. If you are otherwise a carpenter, you may pay capital gain rates.
I believe the car is going to be ordinary more often than not, and the land capital more often than not. But I’m making an educated guess, as each individual situation will effect the sales treatment.[/quote]
Hey Beans,
Why would a carpenter potentially pay capital gains? I guess I’m asking how you would differentiate between what would be ordinary income vs. a capital gain when the gain occurs on an investment other than on securities?[/quote]
In his examples, what you do to make a living outside those sales will determine how the gains are treated. If you developed land for a living, those gains would be ordinary. But if you and 3 buddies got together and made the investment in land and sold it 3 years later, but all worked for Ford full time, the gains would be capital (investment) gains.
[/quote]
So essentially there’s no cut and dry criteria for what is OI vs. capital gains. It comes down to a number of factors and basically what the tax court says if it goes that far. Is that fair to say?