Okay. I will try to dumb this WAY down to help you understand.
I buy a business property. That business property increases in value and I sell it at a $1 million gain. I now owe Capital Gains tax on that $1 million gain.
But I do a 1031 exchange and purchase another property. But the property value has decreased since I bought it and I sell it at a $1 million loss.
ADD: $1 million gain.
AND: $1 million loss.
EQUALS: $0 Capital gain.
How much Capital Gains tax do I owe on $0 capital gain?
I will check back in a little while to see if you can do the math, or if it was too complicated for you.
The point is you and all non-corporate taxpayers can't deduct depreciation on your property like commercial real estate companies can. Kushner isn't claiming a $0 capital gain. He's reporting a net operating LOSS due largely to deducting depreciation.Once again you just don't understand the point.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Kushner Companies, like many real estate firms, passes on any tax obligations to its owners, including Mr. Kushner and his father, who incorporate them into their personal tax returns.
Unlike typical wage earners, the owners of such companies can report losses for tax purposes. When a firm like Kushner Companies reports expenses in excess of its income, the result is a “net operating loss.” That loss can wipe out any taxes that the company’s owner otherwise would owe. Depending on the size of the loss, it can even be used to get refunds for taxes paid in prior years or eliminate tax bills in future years.
Mr. Kushner’s losses, stemming in large part from the depreciation deduction, appeared to wipe out his taxable income in most years covered by the documents.
He is reporting the losses even though he bought his properties with borrowed funds. In many cases, Mr. Kushner kicked in less than 1 percent of the purchase price, according to the documents. Even that small amount generally was paid for with loans. Mr. Kushner’s credit lines from banks rose to $46 million in 2016 from zero in 2009, the documents show.
The result: Mr. Kushner is getting tax-reducing losses for spending someone else’s money, which is permitted under the tax code. Depreciation deductions are available in other industries, but they generally don’t get to take losses related to spending with borrowed money.