Deck 22: Tax Aspects of Real Estate Ownership and Transfer
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Deck 22: Tax Aspects of Real Estate Ownership and Transfer
1
The primary purpose of property taxes is to raise revenue for local governments.
True
2
Assessment figures are always true cash value.
False
3
Assessments of real property cannot consider environmental clean-up costs.
False
4
The property tax is an example of an ad valorem tax.
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5
Real property tax rates do not vary, but value assessments do.
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6
Real property tax rates cannot have maximum limitations.
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7
Federal lands are exempt from real property taxes.
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8
Ad valorem means all taxpayers pay equal amounts.
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9
Due process requires that taxpayers not be required to pay tax until after they have had an opportunity to object.
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10
Property taxes are not personal obligations, but obligations of the property.
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11
State and local government properties are generally exempt from property taxes.
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12
A tax sale requires formal foreclosure to be valid.
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13
There is no period of redemption for tax sales.
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14
A tax deed is a general warranty deed.
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15
A tax sale is a final resolution of property owners' rights.
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16
Passive activity losses are not deductible from other income sources.
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17
Low income housing investments have a limit of $25,000 on loss deductibility.
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18
The Internal Revenue Code defines material participation for purposes of passive losses.
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19
Passive losses can be carried forward indefinitely.
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20
An investor is "at-risk" only for the amount actually invested.
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21
A taxpayer can deduct interest on two residences.
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22
The interest on wrap-around mortgages in sales of residences is no longer deductible.
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23
Qualified residential interest includes only interest on debt used to purchase a residence.
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24
Low-income housing not in compliance with city codes is not eligible for tax credits.
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25
The interest on all home equity loans is non-deductible.
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26
Taxpayers may be able to deduct interest payments on two homes.
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27
In the market approach to valuation, the assessor examines the stream of income.
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28
In the cost approach to valuation, the assessor examines replacement cost.
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29
The basis of a property = purchase price + improvements less depreciation.
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30
The at-risk rules do not apply to real estate investors.
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31
Passive or suspended losses can be deducted from ordinary income.
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32
Rent controls are generally in place for housing that qualifies for low-income housing credits.
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33
Properties used for solar energy development purposes are eligible for rapid five-year depreciation.
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34
The sale of a principal residence is subject to capital gains tax on the gain realized.
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35
Improvements in property are subtracted from the selling price of the property in determining the capital gains on sale of property.
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36
Estate taxes affect the amount of inheritance.
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37
Notice of a tax sale requires tax authorities to do something more than simply mail a notice that is returned to them.
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38
Taxpayers always have the right to challenge the assessed value of their property.
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39
Under the cost method of assessment, the assessor simply compares surrounding property sales and determines assessed values.
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40
Depreciation is subtracted from the amount the taxpayer paid for the property as part of determining gains.
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41
Improvements to property are subtracted out of the amount the taxpayer paid for the property as part of determining gains.
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42
Expenses of selling are subtracted out of the sales proceeds in determining the gain on the sale of property.
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43
The environmental clean-up of a property has no impact on the assessed valuation under protections afforded under CERCLA for property clean-ups.
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44
The absence of an appeal process to assessed value determinations is a violation of the property owner's due process rights.
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45
It is the landowner's responsibility to be certain that the assessor and tax collector have correct notice information for communication regarding property taxes.
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46
An assessor mailing property owners notice of assessed value and tax bills does not meet due process standards.
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47
MACRS depends upon the type of property.
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48
Property exchanges are only for residential properties and not rental properties.
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49
There are currently cases challenging the ability of assessors to keep the value of the owner's equity after conducting a tax sale.
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50
Which of the following is not a factor used in determining assessed value?
A) Original price or cost
B) Whether it is federal land
C) True cash value
D) Income the land produces
A) Original price or cost
B) Whether it is federal land
C) True cash value
D) Income the land produces
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51
What is not required for due process to be satisfied on real property assessments?
A) Notice of valuation
B) Hearing
C) Court hearing
D) Discovery and depositions
A) Notice of valuation
B) Hearing
C) Court hearing
D) Discovery and depositions
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52
Which of the following properties are not exempt from property taxation?
A) Federal lands
B) Residential properties that are not single-family dwellings
C) Non-profit organization property
D) State and local government property
A) Federal lands
B) Residential properties that are not single-family dwellings
C) Non-profit organization property
D) State and local government property
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53
Which of the following is paid first from tax sale proceeds?
A) Mortgage amounts (first lien holders)
B) Taxes, interest, penalties and sales costs
C) Secured creditors interests in fixtures
D) The most recent second mortgage
A) Mortgage amounts (first lien holders)
B) Taxes, interest, penalties and sales costs
C) Secured creditors interests in fixtures
D) The most recent second mortgage
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54
What is included in determining the amount for which an investor is at-risk?
A) Value of the property
B) Personal liability for debts
C) Depreciation formulas used
D) Whether the Subchapter S election has been made
A) Value of the property
B) Personal liability for debts
C) Depreciation formulas used
D) Whether the Subchapter S election has been made
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55
Residential investment property purchased after 1986:
A) Is depreciated over a 15-year period.
B) Is depreciated over a 19-year period.
C) Is depreciated over a 27.5-year period.
D) Cannot be depreciated.
A) Is depreciated over a 15-year period.
B) Is depreciated over a 19-year period.
C) Is depreciated over a 27.5-year period.
D) Cannot be depreciated.
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56
Losses from passive investment activity:
A) Are limited to $25,000.
B) Are limited to passive investment activity income.
C) Are eliminated on real estate investments.
D) Are limited to the amounts of capital gains an investor has.
A) Are limited to $25,000.
B) Are limited to passive investment activity income.
C) Are eliminated on real estate investments.
D) Are limited to the amounts of capital gains an investor has.
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57
The amount of home interest on acquisition indebtedness that is deductible is:
A) Total amount of interest collected under initial mortgage (if amount borrowed was at or below market value).
B) Total amount of financing received or the acquisition.
C) Total amount of the home's market value at the time of closing.
D) The amount of interest that would be charged if the homeowner borrowed under a low-credit-risk interest rate.
A) Total amount of interest collected under initial mortgage (if amount borrowed was at or below market value).
B) Total amount of financing received or the acquisition.
C) Total amount of the home's market value at the time of closing.
D) The amount of interest that would be charged if the homeowner borrowed under a low-credit-risk interest rate.
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58
Special tax deferrals for installment sales:
A) Are eliminated.
B) Are limited to residential transactions.
C) Are limited to the at-risk rules.
D) Are subject to SALT limitations.
A) Are eliminated.
B) Are limited to residential transactions.
C) Are limited to the at-risk rules.
D) Are subject to SALT limitations.
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59
The basis of a property:
A) Excludes depreciation.
B) Is the sale price.
C) Is its fair market value.
D) Is the owner's equity.
A) Excludes depreciation.
B) Is the sale price.
C) Is its fair market value.
D) Is the owner's equity.
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60
Under the market approach to valuation which of the following information is not examined?
A) Recent closings on property sales in the area
B) Income generation of the property
C) Building replacement cost
D) Depreciation
A) Recent closings on property sales in the area
B) Income generation of the property
C) Building replacement cost
D) Depreciation
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61
Which of the following is not qualified residential interest?
A) Interest on a loan used to buy a cabin as a second home
B) Interest on a rental property mortgage
C) Interest on the loan for a $500,000 residence
D) Interest on home equity debt used to make improvements
A) Interest on a loan used to buy a cabin as a second home
B) Interest on a rental property mortgage
C) Interest on the loan for a $500,000 residence
D) Interest on home equity debt used to make improvements
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62
A low-income housing credit is available:
A) Only to those who reside in such housing.
B) At the same rate for federal and state housing.
C) Only if the property is in compliance with codes.
D) For 20 years on most low-income residential housing.
A) Only to those who reside in such housing.
B) At the same rate for federal and state housing.
C) Only if the property is in compliance with codes.
D) For 20 years on most low-income residential housing.
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63
Under the cost approach of valuation for assessment:
A) The value of the property is based on sales of similar property.
B) The value of the property is based on the prospective income that will be earned by the land.
C) The value of the property is based on the replacement cost of the buildings on the property.
D) The value of the revenue stream for the property.
A) The value of the property is based on sales of similar property.
B) The value of the property is based on the prospective income that will be earned by the land.
C) The value of the property is based on the replacement cost of the buildings on the property.
D) The value of the revenue stream for the property.
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64
The maximum amount of home mortgage debt to be able to deduct interest on that debt is:
A) $750,000.
B) Fair market value of the home minus acquisition debt.
C) The mount of the debt less home-equity debt.
D) The least of the debtor's total income per year or the basis of the property.
A) $750,000.
B) Fair market value of the home minus acquisition debt.
C) The mount of the debt less home-equity debt.
D) The least of the debtor's total income per year or the basis of the property.
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65
TG&I Industries, Inc., has had a portion of its factory site designated as a CERCLA clean-up area. The cost of the clean-up will be $675,000. The assessor has valued TG&I's plant at $7,000,000. TG&I wants that value reduced by the $675,000.
A)It is against public policy to give TG&I a credit for environmental clean-up costs.
B)TG&I is entitled to the credit of $675,000 only if it did not contaminate the site.
C)TG&I is entitled to a $675,000 credit.
D)TG&I is entitled to one-half of $675,000 as a credit.
A)It is against public policy to give TG&I a credit for environmental clean-up costs.
B)TG&I is entitled to the credit of $675,000 only if it did not contaminate the site.
C)TG&I is entitled to a $675,000 credit.
D)TG&I is entitled to one-half of $675,000 as a credit.
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66
MACRS is:
A)A method of real property valuation.
B)A method of depreciation.
C)Eliminated after 1986.
D)Not applicable to commercial property.
A)A method of real property valuation.
B)A method of depreciation.
C)Eliminated after 1986.
D)Not applicable to commercial property.
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67
Property exchanges involving residential property that is a second home:
A) Have no tax consequences.
B) Never result in gains.
C) Are illegal.
D) Require some rental use of the property.
A) Have no tax consequences.
B) Never result in gains.
C) Are illegal.
D) Require some rental use of the property.
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68
A 1031 property exchange:
A) Allows a taxpayer to defer capital gains.
B) Is a way to accelerate depreciation.
C) Is a way around the limits on home mortgage interest deduction limitations.
D) Was eliminated following the 2017 tax reforms.
A) Allows a taxpayer to defer capital gains.
B) Is a way to accelerate depreciation.
C) Is a way around the limits on home mortgage interest deduction limitations.
D) Was eliminated following the 2017 tax reforms.
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69
Under the U.S. Supreme Court's holding on notice in tax sales:
A) The tax agency only needs to mail notice to the property owner.
B) The tax agency must show the notice process is reasonably likely to reach the property owner.
C) The tax agency must use certified mail to notify the property owner.
D) The agency must personally serve the property owner.
A) The tax agency only needs to mail notice to the property owner.
B) The tax agency must show the notice process is reasonably likely to reach the property owner.
C) The tax agency must use certified mail to notify the property owner.
D) The agency must personally serve the property owner.
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70
How long must an owner hold title to property in order to qualify for the lower capital gains rate for sale proceeds?
A) More than six months
B) More than one year
C) More than five years
D) Ten years or less
A) More than six months
B) More than one year
C) More than five years
D) Ten years or less
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71
Lee and Carol Parton have sold their home for $750,000. They have lived in the home for 22 years. They are planning to retire and travel. They purchased the home for $200,000 and have made $50,000 in improvements. Their total gain realized on the sale is:
A) $550,000.
B) $500,000.
C) $750,000.
D) $250,000.
A) $550,000.
B) $500,000.
C) $750,000.
D) $250,000.
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72
Lee and Carol Parton have sold their home for $750,000. They have lived in the home for 22 years. They are planning to retire and travel. They purchased the home for $200,000 and have made $50,000 in improvements. Lee and Carol will owe how much in capital gain taxes on the sale of their home?
A) $100,000
B) $250,000
C) $275,000
D) -0-
A) $100,000
B) $250,000
C) $275,000
D) -0-
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73
The tax assessor for Clark County sent a delinquent notice to Rob Newton at the property address. There was no response to the notice of delinquency. The assessor had a different address for Mr. Newton but sent it only to the property address. Rob challenged the tax sale for lack of notice.
A) As long as Clark County complied with its required procedures the sale is valid.
B) Under recent court rulings, Clark County cannot ignore the alternate address.
C) The sale cannot be set aside as long as the sale brought a reasonable amount for the property.
D) Under recent court rulings, the notification to the property address is all that is required of the assessor.
A) As long as Clark County complied with its required procedures the sale is valid.
B) Under recent court rulings, Clark County cannot ignore the alternate address.
C) The sale cannot be set aside as long as the sale brought a reasonable amount for the property.
D) Under recent court rulings, the notification to the property address is all that is required of the assessor.
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74
Ralph purchased a home in 2012 for $600,000. Ralph added a pool and landscaping for $36,000. Ralph lost his job and had to sell the home In a short sale for $420,000. Ralph had depreciated $32,000. The real estate commission was $28,000. What is the capital gains computation for Ralph?
A)A gain of $392,000
B)A gain of $212,000
C)A loss of $212,000
D)A loss of $280,000
A)A gain of $392,000
B)A gain of $212,000
C)A loss of $212,000
D)A loss of $280,000
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75
The Scribners purchased property on which they subsequently discovered there was barium contamination that resulted from former land ownership by Jasco-Sun Steel. The Scribners were unable to sell their property, but the valuation for tax purposes remained the same following the barium discovery. Which of the following is correct?
A) Environmental contamination is not used in property valuation.
B) Environmental contamination is not used in property valuation when the landowner is not responsible.
C) Environmental contamination is a factor in valuation.
D) Environmental contamination affects the rate but not the valuation.
A) Environmental contamination is not used in property valuation.
B) Environmental contamination is not used in property valuation when the landowner is not responsible.
C) Environmental contamination is a factor in valuation.
D) Environmental contamination affects the rate but not the valuation.
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76
Tom Comstock was under water in his house, with a mortgage of $320,000 and a property value of $200,000. He walked away from the property. When taxes became due, the mortgage company did not pay them as usual because the mortgage company had gone into bankruptcy. The assessor tried to send a notice to Tom, but he was not at the address. The assessor sold the property at a tax sale. Tom is trying to set aside the sale because he was not notified. Which of the following is correct?
A) The assessor had to do more than just mail the notice to the property address.
B) The assessor is not required to do more than mail the notice to the property address.
C) The assessor cannot conduct the tax sale until it notifies Tom.
D) The assessor must serve Tom personally.
A) The assessor had to do more than just mail the notice to the property address.
B) The assessor is not required to do more than mail the notice to the property address.
C) The assessor cannot conduct the tax sale until it notifies Tom.
D) The assessor must serve Tom personally.
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77
The county assessor for Cuyahoga County has determined that a property located in the downtown area of Cleveland, which is currently being used as a storage facility, could be used as a casino and its revenue would be triple its current gross revenue. As a result, the assessor increased the property's valuation by 20%. Which method of valuation is the assessor using?
A) Market approach
B) Income approach
C) Cost approach
D) Basis of the property approach
A) Market approach
B) Income approach
C) Cost approach
D) Basis of the property approach
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78
The county assessor for Cuyahoga County has determined that a property located in the downtown area of Cleveland, which is currently being used as a storage facility, could be used as a casino and its revenue would be triple its current gross revenue. Suppose that the assessor has looked at comparable properties in the area and their sale prices. As a result of this study, the assessor reduced the valuation of the property by 10%. Which method of valuation is the assessor using?
A) Market approach
B) Income approach
C) Cost approach
D) Basis of the property approach
A) Market approach
B) Income approach
C) Cost approach
D) Basis of the property approach
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79
The county assessor for Cuyahoga County has determined that a property located in the downtown area of Cleveland, which is currently being used as a storage facility, could be used as a casino and its revenue would be triple its current gross revenue. Suppose that the assessor used a computation for replacement of the storage facility if it were damaged. Which method of valuation is the assessor using?
A) Market approach
B) Income approach
C) Cost approach
D) Basis of the property approach
A) Market approach
B) Income approach
C) Cost approach
D) Basis of the property approach
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80
What is the effect on the assessment of a contaminated property after having the contamination removed?
A) Generally no effect because increased taxes would be a disincentive for owners to clean up the property
B) Generally an increase in assessed value for the clean property
C) Assessors are not permitted under CERCLA to increase the assessed value of property that has had the contamination removed
D) Assessors have no way of knowing about contamination or clean-ups.
A) Generally no effect because increased taxes would be a disincentive for owners to clean up the property
B) Generally an increase in assessed value for the clean property
C) Assessors are not permitted under CERCLA to increase the assessed value of property that has had the contamination removed
D) Assessors have no way of knowing about contamination or clean-ups.
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