Collectibles and the IRS! (1 Viewer)

Rutledge

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Scccarrrryy article in Thursday's (V-Day) Wall Street Journal regarding "Collectibles". While Toy Soldiers werent mentioned explicitly, it seems the tax man (may!) awaitith......

"If You Collect, the IRS May Collect From You" (from page D5)

To summarize:

Uncle Sammy may impose capital gains taxes, estate taxes and gift taxes on whatever you collect. It depends on what you ultimately do with your prized possessions-- sell ‘em, or pass down to the next gen.

One key is to determine your status: Collector, Investor or Dealer. Of course, most of us here will be one of the first two.

Investors can deduct expenses incurred in production of income. Collectors cant. But you have to keep very good records to claim Investor.

If you sell them, you pay a "special" (Isnt that nice??) 28%!! capital gains tax (nearly double the 15% current for LTCG on stocks). Capital gains rates on collectibles are expected to remain higher, despite intensive efforts from the "Art World".

If you dont sell, the collection will be included in your estate at fair market value (requiring appraisal). Above specific "thresholds", which change each year, heirs must pay the USG 45% of value (within 9 months). In 2009 the threshold will be quite high at $3.5 million; after going away completely (good year to die, hahaha) in 2010, its expected to be lower in 2011.

The concern with any non-liquid estate is that heirs must conduct "fire sales" in order to pay the taxman.

One way out is to gift the collectibles to a charity. Another possible escape is an "in-kind" exchange, but its pretty complex and doesnt seem very well suited to this hobby.

Anyway, I expect most people here will not be too concerned as regards their modest collection and relative to their overall estate. But a few might like to be aware, if they arent already.

Perhaps especially in the current political environment, depending on who gets elected. ;)
 
Scccarrrryy article in Thursday's (V-Day) Wall Street Journal regarding "Collectibles". While Toy Soldiers werent mentioned explicitly, it seems the tax man (may!) awaitith......

"If You Collect, the IRS May Collect From You" (from page D5)

To summarize:

Uncle Sammy may impose capital gains taxes, estate taxes and gift taxes on whatever you collect. It depends on what you ultimately do with your prized possessions-- sell ‘em, or pass down to the next gen.

One key is to determine your status: Collector, Investor or Dealer. Of course, most of us here will be one of the first two.

Investors can deduct expenses incurred in production of income. Collectors cant. But you have to keep very good records to claim Investor.

If you sell them, you pay a "special" (Isnt that nice??) 28%!! capital gains tax (nearly double the 15% current for LTCG on stocks). Capital gains rates on collectibles are expected to remain higher, despite intensive efforts from the "Art World".

If you dont sell, the collection will be included in your estate at fair market value (requiring appraisal). Above specific "thresholds", which change each year, heirs must pay the USG 45% of value (within 9 months). In 2009 the threshold will be quite high at $3.5 million; after going away completely (good year to die, hahaha) in 2010, its expected to be lower in 2011.

The concern with any non-liquid estate is that heirs must conduct "fire sales" in order to pay the taxman.

One way out is to gift the collectibles to a charity. Another possible escape is an "in-kind" exchange, but its pretty complex and doesnt seem very well suited to this hobby.

Anyway, I expect most people here will not be too concerned as regards their modest collection and relative to their overall estate. But a few might like to be aware, if they arent already.

Perhaps especially in the current political environment, depending on who gets elected. ;)

The other party is harping for change...the change in our pockets!
 
I guess what my family would like to leave to me for memory, sentiment and use is of no concern to our cash starved government so long as they can benefit from it without representing me.
 
People need to be aware of the countrys current physical condition nearly 10 trillion in debt, and the intention of one party to raise taxes and institute further social programs with no plan on how to pay for them.

This is not a policital point just information sharing, as it stands today, any estate with a value of more then 2 million is subject to a 47% tax on the balance + the local taxes your state imposes.......in the case of New Jersey its 5% of any value over $650,000. This is set to expire in 2010 allowing familys to leave their estates (homes, businesses, ect) to their heirs.

One party wishes to roll this back to 1 million with anything over that subject to 55% tax + your local state tax.

Okay, some people may say who cares........I don't have a million, but look to the future, with the rising values of homes, and 401K plans, and retirement investments people could eaisly have an estate, business worth in excess of 1 million.

Do you want to work hard your entire life, pay your taxes, pay off your house or business then when you die have the government step in and give your children 9 months to come up with their 55%?

I do not, I have paid into Social Security for 42 years since I was 16 with no complaints.........now because the government has borrowed 6 trillion from the Social Security Trust Fund (and they don't want to pay it back) they are telling us its going to run out of money.

We don't need ANYMORE SOCIAL PROGRAMS of any kind......for any reason until we have paid off the 10 trillion national debt (which includes the 6 trillion owed to social security) then and only then can we decide who needs what.

Its time we quit listening to pie in the sky, and start demanding a responsible government (which ever party) that reduces our debt and runs the country the way a responsible man runs his finances.
 
I guess what my family would like to leave to me for memory, sentiment and use is of no concern to our cash starved government so long as they can benefit from it without representing me.

Nailed it.
 
There has been a lot of dry humor in the accounting community about what happens in 2010- laugh all you want, I will stand here and tell you that, should the IRS regs not change, you will read/ hear stories of such and such who decided to kill himself or whatever so that his family wasn't strapped with the burdens of paying taxes on his estate- unfortunately, these things will happen.

One thing a lot of people don't understand about the federal deficit, and it's interesting that I am talking about this as I am here in DC auditing one of our federal clients, is that almost 40% of it is interagency debt- similar to debt found between parent companies and their subsidiaries. Doesn't make it right or wrong, it's just one of these things where what's on the books may not completely reflect the "Real" truth- many of these debts, while they have loan payback provisions, are simply written off as completely uncollectible or reduced- still, the taxpayer takes it at one point of the other.

I am being dead serious though- for those of you out there who have collections that may number several thousand figures and you may have a substantial amount of money tied up in your collection, you may want to seek some tax planning advice from professional. There are mechanisms out there for you to minimize your tax burden- namely, gifting $x to immediate relatives like wife, kids,etc.

I wouldn't get too worked up over all this- the estate tax isn't going to go away but the IRS and other state collection offices are generally more likely to target higher net worth estates and collections of bigger collectors- like cars, airplanes, etc, etc.
 
Death and Taxes
Death and Taxes
I heard that there was a special constitutional ammendment to allow the federal government to tax you? Is that true
Regards
Damian
 
I have a bad feeling about this thread- hopefully someone doesn't get torqued off- anytime the IRS gets thrown into the mix, people's patience wears really thin- we have already had some enlightening discussions about global warming and environmental concerns and chinese labor conditions- I gotta think this one is gonna complete the hat trick at some point. :eek::eek:
 
Well Chris all I know about the IRS is that you don't mess with them. Remember it was the IRS that put Al Capone away.:D:D:D
 
Well Chris all I know about the IRS is that you don't mess with them. Remember it was the IRS that put Al Capone away.:D:D:D

Funny thing- it's kind of like criminal on criminal crime:D- no innocent bystanders with either of those parties.
 

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