The theory of relativity is in the tax code

Albert Einstein

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This is not the theory discovered by Einstein, but the one that states that certain tax advantages may be disallowed if you sell an asset to someone (or a company) that the tax code calls  a “related party.”

Simply put, selling a capital asset at a loss to any of the following entities will cause the loss to be disallowed.

  • Children or grandchildren
  • Parents or grandparents
  • Brothers or Sisters
  • A company that is more than 50% controlled by you (directly or indirectly) 

Although there is no current loss allowed, there is still a tax benefit remaining. 

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