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CPA: winery question

Posted on 3/21/13 at 4:51 pm
Posted by Iona Fan Man
Member since Jan 2006
27462 posts
Posted on 3/21/13 at 4:51 pm
under GAAP can wine sales be capital gains?

you craft the product, hold it for a year or more, then you sell it to distributors.

Guy I knows family owns a winery and he said that they are taxed the same as income.(but he's not really actively involved in the business)

I told him that they should open a holding company.
1. create product
2. sell to holding company at cost
3. when holding company sells to distributors, the difference in price is capital gains

I am not a CPA and only took 2 accounting courses....just looking for an easy explanation as to why this can't be done if it can't be done.

This post was edited on 3/21/13 at 4:56 pm
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 3/21/13 at 5:10 pm to
No, if you are a winery you manufacture wine and sell your inventory as ordinary income from your trade or business. As for your idea to become an investor in wine so you can buy and sell for capital gains, I doubt the IRS would go for it. First, they would treat the wine as personal assets instead of investment assets. As such you would have to pay taxes on all capital gains you realize from buying and selling wine, but you wouldn't be able to deduct any losses since losses from the sale or exchange of personal assets are not deductible. So investing in wine for as a money making venture has a higher tax cost than investing in real estate.

In your scheme how is the intermediate entity not a wholesaler? Wholesalers do not get to sell for capital gains.
Posted by Iona Fan Man
Member since Jan 2006
27462 posts
Posted on 3/21/13 at 5:43 pm to
so "ordinary income"...makes sense

the holding company, holding for reselling....the wine wouldn't be looked at as investment? stamps, baseball cards, day old wine?
Posted by tigeralum06
Member since Oct 2007
2788 posts
Posted on 3/21/13 at 5:51 pm to
And capital gains is a tax treatment so gaap accounting is irrelevant in this scenario
Posted by Iona Fan Man
Member since Jan 2006
27462 posts
Posted on 3/21/13 at 6:17 pm to
quote:

And capital gains is a tax treatment so gaap accounting is irrelevant in this scenario


pardon, I just said GAAP with the assumption that it covered all aspects of legal taxation. Chalk it up to my naivety.

The secondary holding company wouldn't be legit then?
This post was edited on 3/21/13 at 6:18 pm
Posted by Beerinthepocket
Dallas
Member since May 2011
850 posts
Posted on 3/21/13 at 9:43 pm to
No it wouldn't, there's no legimate business purpose for the holding company you describe.

Btw GAAP accounting is not the same as tax accounting. Each is a different basis of accounting.
Posted by Iona Fan Man
Member since Jan 2006
27462 posts
Posted on 3/21/13 at 11:09 pm to
quote:

there's no legimate business purpose for the holding company you describe.


central holding company for multiple vineyards. we give you present value of future wine

ie a bottle of 1 day old is $5.67, a bottle of the same label that's 5 years old goes for $10.

If I buy at $5.67 and sell at $10, 5 years later I get a 12% annual return.

Is that return operating income or capital gains of goods sold?

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