Submitted By: John
Answered: July 8, 2014 8:30 am

I own an undeveloped city lot. If I sell it, how am I taxed?

It depends on whether you’re viewed under the tax law as a developer. If you hold the lot as investment property, any gain you reap is taxed as capital gain. You may also owe an additional 3.8% tax on net investment income related to this gain. But if you’re a developer and your lots are essentially part of inventory, your gain is taxed as ordinary income. And because you are in business, you won’t pay the 3.8% tax as long as you materially participate in the business’s activities.

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Tax Glossary

Capital asset

Property subject to capital gain or loss treatment. Almost all assets you own are considered capital assets except for certain business assets or works you created.

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