Hugoton Royalty Trust Message Board
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Tax Selling Question
Yes, all your past tax deferral on distributions would be recaptured (assuming you file the correct tax forms). If you have only owned a short period this might be worth doing. If you have held for many years the tax implication may make it prohibitive.
I believe the relevant form is 4797 - Sale of Business Property.-
Doesn't Mellowmike have to subtract all depletion deductions (as distinguished from distributions) taken from his purchase price and then determine whether in fact he incurred a loss or not?
- 1 Reply to graham9903
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Nope because the depletion deductions are recaptured as ordinary income not as capital gains.
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With a RT wouldnt I adjust my basis for depletion on schedule D. I am not sure what other deferrals there are with HGT
- 2 Replies to mellowmike05
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Nope because the depletion is recaptured as ordinary income not as capital gains (ie. reduction in cost basis). Like I said form 4797 - Sale of Business Property.
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Generally in an RT, your basis is reduced (but not below zero) bu any depletion you claimed or should have claimed. Upon sale, the depletion is recaptured and taxed as ordinary income BUT only to the extent of gain as I understand it.
So you buy an RT for $20 and take $10 of depletion and sell it for $40. Your gain is $30 ($10 at ordinary income rates and $20 as CG
OR
you buy at $20, take $10 of depletion and sell for $8 You have a $2 Cap loss.
OR
you buy ar $30, take $10 of depletion and sell for $25. You have a $5 gain taxed as ordinary income.
Other opinions are welcome.
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