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(4) The depreciation recapture rule requires that gains attributable to previous year depreciation or amortization deductions be characterized as ordinary income (Section 1245 or 1250), rather than Section 1231 gain (a) Full recapture rule The amount of gain equal to accumulated depreciation or amortization through date of sale is recharacterized as ordinary income Example: ABC purchased an asset for $100,000 The asset has accumulated $60,000 MACRS depreciation over the last three years This results in an adjusted cost basis of $40,000 If the asset is sold for $100,000, ABC recognizes a $60,000 gain The entire gain is attributable to depreciation of the asset and, as such, is characterized as ordinary income If the recapture requirement did not exist, the entire gain would be a Section 1231 capital gain (b) Partial recapture rule for realty Applies to buildings, improvements, and other permanent attachments Only accelerated depreciation in excess of straight-line depreciation is recaptured (5) Capital gains are always classi ed as Section 1231 and never as Section 1245 or 1250, whereas ordinary income is never Section 1231 but either Section 1245 or 1250 (6) If the sales price is less than the adjusted basis, the loss will be classi ed as a Section 1231 loss B Rules for personal property (Section 1245) (1) Section 1245 applies to personal property (2) A gain on the distribution of Section 1245 property is treated as ordinary income to the extent of depreciation or amortization allowed Any remaining gain is usually treated as Section 1231 gain (3) This section does not apply to losses Section 1231 rules are used (4) A Section 179 expense election is treated as a depreciation deduction for Section 1245 recapture purposes C Rules for real property (Section 1250) (1) Section 1250 applies to real property (typically buildings and structural components) (2) Where property was held more than one year, there is no depreciation recapture if it was depreciated straight-line (3) This section does not apply to losses Section 1231 rules are used D Exceptions recapture under Sections 1245 and 1250 do not apply to: (1) Gifts Recapture potential carries over to the donee (2) Death There is no recapture.

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Topic 67: Alternative Minimum Tax (AMT) - 213 (3) Charitable transfers Recapture potential reduces the amount of charitable contribution deductions (4) Certain nontaxable transactions Recapture potential carries over to the transferee (5) Like-kind exchanges Any remaining recapture potential carries over to the property received (6) Involuntary conversions Any remaining recapture potential carries over to the property received Related parties A A gain on the sale of assets to a related party is treated the same as any other gain B If a loss is realized on a sale to a related party, however, it is not recognized for tax purposes until the related party sells the asset to an unrelated third party C Related parties include the immediate family members, closely held corporations (who owns more than 50 percent), sister corporations, and the like Wash sales A Selling shares at a loss and then buying them back within 30 days negates the ability to deduct such losses on a tax return The disallowed loss amount can be added to the cost basis of the additional shares that were purchased When these additional shares are sold, any taxable gain or loss includes the loss incurred on the original shares B The wash sale rule applies not only to stocks but also mutual funds and bonds Bargain sales When an asset is sold for an amount below fair market value, the difference is a bargain element A Individual The difference between the sale price and the FMV is treated as a gift B Employee The difference is taxed as ordinary income C Shareholder The difference is a constructive dividend and taxable as ordinary income D Charitable organization The difference is treated as part sale and part contribution Section 1244 stock (small business stock election) A Security losses generally are capital in nature However, Section 1244 allows for ordinary losses if the loss is sustained by an individual who acquires the securities directly from the corporation B Section 1244 losses are limited to $50,000 annually ($100,000 for joint lers) C The corporation must receive less than $1,000,000 in capital stock at time of issue in order to qualify for Section 1244 treatment D Section 1244 applies to losses only on the investment and not on the income E Section 1244 must be elected in initial incorporation.

In this chapter, unifying concepts for analyzing and understanding the dynamics of integrated reaction separation processes with rapid chemical reactions are introduced The text is based on some recent studies [11 13], and extends the concepts introduced earlier for reactive distillation processes [23] to other integrated reaction separation processes The class of processes to be considered is rather broad It includes reaction processes where simultaneous separation is used to enhance a reaction, for example, by shifting inherent equilibrium limitations Various process examples of this kind are provided in this book The chapter also includes separation processes with potentially reactive mixtures In this case, a chemical reaction can be either an unwanted side effect or it can be used directly to achieve a certain separation, which is not possible under nonreactive conditions (see eg Ref [10]) The latter represents a reaction-enhanced separation.

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