How Do I Sign Hawaii Assignment of Partnership Interest

How do i document type sign assignment of partnership interest hawaii

hey tech students this is your teacher roy with a video for chapter number 10. chapter 10 and our last chapter of the semester chapter 11 kind of go together where we're going to be discussing the sale of property that the taxpayer owns and calculating out any gain or loss the actual taxation of the gain or loss will be covered in chapter 11. so really here in chapter 10 we'll just talk about the amount of the gain calculating the gain of the loss and not really how it's going to be taxed so this is probably part one of three parts with this chapter 10 video where we'll have here in part one an overview and in part 2 we'll take a look at something called the adjusted basis of the property that we're selling or exchanging and then in part 3 we'll talk about certain situations where we have a gain that the gain couldn't possibly be non-taxable or possibly postponed until there's a subsequent transaction so let's talk about possibly the biggest the largest property that you own during your lifetime and for most people that's their personal residence so here's your house here's your home here's the front door with circular windows and here in hawaii during those chili uh 60 degree nights you can use your fireplace so let's uh turn on your your chimney here so let's say that you have a home that's worth the tax term is called fair market value and let's have it around half a million dollars below average single family home price here in hawaii and of course you probably had borrowed money from the bank so you have a mortgage so after a few years let's say the mortgage is paid down to 300 000 and if you sell your home the mortgage has to be paid off and then the remainder is what you pocket before any selling expenses so before you sell this property right now the value the net value you have in your home is not five hundred thousand but you gotta reduce it by any mortgage you still owe this remaining 200 000 is called the equity the equity value again basically what you're gonna pocket if you sell your home and over time hopefully the fair market value will increase just based on inflation it should increase so that's going to increase this equity you have here over time and then every month hopefully you're still making your mortgage payments and the principal balance here of your loan is going to go down that's also going to increase the equity of your home so over time hopefully this equity gets larger and larger this equity though is not the gain you have to report in your tax return yeah not this gain we're going to calculate and tax it in chapter 11 our next chapter so let's go through a formula to figure out the amount of gain or the amount of loss so we'll start off with that fair market value again but we'll call it this time sales price and the sales price most times is going to be received in cash from the buyer probably the buyer has to go to their bank and borrow money and give it to you or give it to the esco company that's going to handle all of the paperwork it is possible that you still owe money on your mortgage and if the buyer is willing to take over your loan and your bank gives the permission for the buyer to take over your loan we call that a loan assumption and that's just as good as cash being received because if you receive just pure cash you got to use that cash to pay off your loan anyway another situation would be instead of getting back cash you get back some other property remember you're giving up a property but now here you're getting back in exchange some other property so sometimes this type of transaction is called a sale where you receive cash or an exchange where you receive other property other than cash something that you may get back that's not common is maybe some type of service um someone is providing a service when you give up this property again all of this value here has to be added together to get the sales price the total sales price now from this sales price we're going to subtract out selling expenses possibly if you're dealing with real estate the biggest selling expense would be the sales commission you have to pay the the broker the sales agent or maybe you have some type of documents that have to be drafted uh contracts uh deeds transfer agreements or maybe you're incurring some type of advertising costs to sell the property or you're paying some type of maybe it's a car you're selling so you have to ship it to the the buyer and you're incurring that cost all of these are called selling expenses that you subtract from the sales price and the remainder is not the gain but something called the amount realized that sales price minus selling expenses and now you're going to subtract out something called adjusted basis most people would call this the cost but we'll see cost is just one type of adjusted basis and the remainder is now the gain and the general rule is you pay taxes on gains but again we'll save the actual detail of calculating the tax for the next chapter or chapter 11 which will be the last chapter of the semester or if the adjusted basis is larger than the amount realized the difference is called a loss the general rule is that losses are not deductible unless they're allowed by the tax law the general rule for gain is gains are taxable unless specifically excluded treated tax-free by the law okay so that's the general rule yeah gains are taxable losses not deductible unless otherwise provided by the by the tax law so this is what we're figuring out here in chapter chapter 10 but the main focus and again we'll save this for a second the second part two video is to figure out this adjusted basis now let's talk about some terminology when we're dealing with property when we're dealing with sales of property so property can probably be classified let's go to a new screen here probably can be classified into three different categories one type is called personal use so for most people this is their automobile this is their furniture in their home their clothing stuff that you're not using for business versus business use property so here's the company automobile the company delivery truck the office building the land that sits under the office building the equipment inside of that building the uh the barn for a agricultural operation a factory all of the property there is business use and there's one more category here called investments things like stocks bonds mutual fund exchange traded funds maybe um limited uh partnership investments yeah so you have to determine what type of property it is one of these three when you calculate out the gain of the loss and they'll be treated differently again generally any type of gain is going to be taxable any type of loss let's go let's talk about losses if the loss is incurred when you sell your own personal use property again think of your personal car the loss is not deductible if you have let's say a delivery truck being sold and you incur a loss the general rule is that the loss is deductible if you have an investment like us a stock and you sell it at a loss there the loss is generally deductible up subject to certain limitations and we'll find out the limitations for this loss here here to be deductible in the next chapter but again once you sell a personal use property at a loss not deductible maybe the one exception would be if you have your property destroyed in a federally declared disaster then maybe that loss maybe could be deductible as we had learned back you may be in chapter 5 for itemized deductions not common but a possibility let's talk about another way of slicing and dicing property one type of property is called tangible things that you can physically touch another type is called intangible stuff that has value but you cannot physically touch so this would be again your automobile your home your clothing company car here would be stuff like investments like here that you cannot physically touch maybe you can touch the paperwork that represents that investment but it's not tangible even cash cash represents some value on a piece of paper but it's in intangible value if you talk about business intangible assets we have stuff like copyrights and patents leasehold interests anything that you has value that you cannot physically touch so let's talk about the tangible property tangible property can be classified either as real estate or real property like the land and the building sitting on the land versus personal property now this is not the same as personal use property that i mentioned at the beginning of this different categorizations area again this is stuff that's not business yeah that's not uh investment and then the personal down here is stuff other than real estate personal property not attached to the land so we'll talk about selling real estate and selling personal property and figuring out the gain or the loss let's do that gain or loss calculation one more time again sales price minusing out selling expenses will give us the amount realized then subtracting out the adjusted basis will give us either a gain if amount realizes bigger than adjusted basis or loss just the opposite so now gains and losses can be either realized or unrealize don't confuse it with this realized area an unrealized gain or loss is when you have not actually completed this sale yet you haven't sold the property it's a potential gain or potential loss just like that equity we saw at the beginning of the prop uh this uh video lecture you haven't sold it yet but you have this built-in value so the same thing is true here if you haven't sold the property yet you have an unrealized gain or unrealized loss now when you do sell it when you complete an exchange or sale now you have a realized gain or a realized loss now the question is whether that gain is taxable the question is whether the loss is deductible if the gain is i think i might run out of space here if the gain is taxable you pay taxes on this gain another term we use is called the gain is recognized okay recognize if the gain is tax free or postponed tax deferred we call that unrecognized if it's recognized that means you're going to report it on your tax return and you pay taxes on it unrecognized means you're either not going to report it on the return or if you do report it on the return it's still going to be tax free you don't pay taxes on it now when you talk about losses the losses can either be deductible or non-deductible we like losses to be deductible that means you're going to subtract it on your tax return and you get the benefit of that so the loss is going to be recognized in this case or if you have a loss you're economically worse off and you cannot deduct the loss non-non-deductible the loss is unrecognized and if you remember when you sell personal use property at a loss the loss is not deductible the loss is not recognized you don't even report it at all on your tax return okay so lots of different terminology here there's realized or unrealized just means whether you sold the property or not either you have a potential gain or potential loss if it's unrealized and when you actually sell the property now the gain or loss is realized and then the question is whether the gain is going to be taxable or not whether the loss is going to be deductible or not if it is taxable the gain is recognized if the loss is deductible the loss is recognized so the best of both worlds would be untaxed gain and deductible losses okay i know it gets a little confused here with all this different terminology but the basics is trying to figure out this gain or loss here and then we'll save the actual taxation or deductibility for the next chapter chapter 11. go ahead and continue into the part two video for this chapter 10 and we're gonna focus on this adjusted basis amount