Beginning to formalize US tax code section 121

This commit is contained in:
Denis Merigoux 2020-10-27 17:37:40 +01:00
parent 40a4f901d1
commit ccdf5d88f6
2 changed files with 142 additions and 0 deletions

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@@Section 121@@
@@Begin metadata@@
/*
declaration structure PropertyOwnagePeriod:
data owner content Person
data user content Person
data start_date content date
data end_date content date
declaration structure Property:
data ownages content collection PropertyOwnagePeriod
declaration structure SaleOrExchange:
data property content Property
data gain content amount
data date_of_sale_or_exchange content date
declaration scope Section121:
context taxpayer content Person
context applicable condition
context maximum_gain_excluded content amount
context gain_considered_for_exclusion content amount
context sale_or_exchange content SaleOrExchange
context included_in_gross_income condition
context ownage_considered_for_gain_inclusion condition
depends on PropertyOwnagePeriod
context joint_return condition
context taxable_year content integer
context joint_return condition
context condition_b_2 condition
*/
@@End metadata@@
@(a) Exclusion@
Gross income shall not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayers principal residence for periods aggregating 2 years or more.
/*
scope Section121:
definition ownage_considered_for_gain_inclusion of ownage equals
ownage.owner = taxpayer and ownage.user = taxpayer and
ownage.end_date - ownage.start_date >= 2 year and
ownage.start_data >= sale_or_exchange.date_of_sale_or_exchange - 5 year
rule included_in_gross_income under condition
exists ownage in sale_or_exchange.property.ownages such that
ownage_considered_for_gain_inclusion of ownage
consequence not fulfilled
*/
@@(b) Limitations@@+
@(1) In general@
The amount of gain excluded from gross income under subsection (a) with respect to any sale or exchange shall not exceed $250,000.
/*
scope Section121:
definition maximum_gain_excluded equals $250,000
definition gain_considered_for_exclusion equals
if sale_or_exchange.gain >= maximum_gain_excluded then
maximum_gain_excluded
else
sale_or_exchange.gain
*/
@(2) Special rules for joint returns@
In the case of a husband and wife who make a joint return for the taxable year of the sale or exchange of the property—
/*
scope Section121:
rule condition_b_2 under condition
joint_return and
taxable_year = get_year of sale_or_exchange.date_of_sale_or_exchange
consequence fulfilled
*/
@(A) $500,000 Limitation for certain joint returns@
Paragraph (1) shall be applied by substituting “$500,000” for “$250,000” if—
(i) either spouse meets the ownership requirements of subsection (a) with
respect to such property;
(ii) both spouses meet the use requirements of subsection (a) with respect to
such property; and
(iii) neither spouse is ineligible for the benefits of subsection (a) with
respect to such property by reason of paragraph (3).
@(B) Other joint returns@
If such spouses do not meet the requirements of subparagraph (A), the limitation under paragraph (1) shall be the sum of the limitations under paragraph (1) to which each spouse would be entitled if such spouses had not been married. For purposes of the preceding sentence, each spouse shall be treated as owning the property during the period that either spouse owned the property.
@@(3) Application to only 1 sale or exchange every 2 years@@++
Subsection (a) shall not apply to any sale or exchange by the taxpayer if, during the 2-year period ending on the date of such sale or exchange, there was any other sale or exchange by the taxpayer to which subsection (a) applied.
@@(4) Special rule for certain sales by surviving spouses@@++
In the case of a sale or exchange of property by an unmarried individual whose spouse is deceased on the date of such sale, paragraph (1) shall be applied by substituting “$500,000” for “$250,000” if such sale occurs not later than 2 years after the date of death of such spouse and the requirements of paragraph (2)(A) were met immediately before such date of death.
@@(5) Exclusion of gain allocated to nonqualified use@@++
@(A) In general@
Subsection (a) shall not apply to so much of the gain from the sale or exchange of property as is allocated to periods of nonqualified use.
@(B) Gain allocated to periods of nonqualified use@
For purposes of subparagraph (A), gain shall be allocated to periods of nonqualified use based on the ratio which—
(i) the aggregate periods of nonqualified use during the period such property was owned by the taxpayer, bears to
(ii) the period such property was owned by the taxpayer.
@@(C) Period of nonqualified use@@+++
For purposes of this paragraph—
@(i) In general@
The term “period of nonqualified use” means any period (other than the portion of any period preceding January 1, 2009) during which the property is not used as the principal residence of the taxpayer or the taxpayers spouse or former spouse.
@(ii) Exceptions@
The term “period of nonqualified use” does not include—
(I) any portion of the 5-year period described in subsection (a) which is after the last date that such property is used as the principal residence of the taxpayer or the taxpayers spouse,
(II) any period (not to exceed an aggregate period of 10 years) during which the taxpayer or the taxpayers spouse is serving on qualified official extended duty (as defined in subsection (d)(9)(C)) described in clause (i), (ii), or (iii) of subsection (d)(9)(A), and
(III) any other period of temporary absence (not to exceed an aggregate period of 2 years) due to change of employment, health conditions, or such other unforeseen circumstances as may be specified by the Secretary.
@(D) Coordination with recognition of gain attributable to depreciation@
For purposes of this paragraph—
(i) subparagraph (A) shall be applied after the application of subsection (d)(6), and
(ii) subparagraph (B) shall be applied without regard to any gain to which subsection (d)(6) applies.

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@ -2,6 +2,8 @@
@@Include: preamble.catala_en@@
@@Include: section_121.catala_en@@
@@Include: section_132.catala_en@@
@@Include: section_1015.catala_en@@