Area IV: Property Transactions (Disposition of Assets)
This area is about what happens when an asset leaves the taxpayer's hands. Candidates decide whether gain is recognized, compute realized, recognized and deferred gain and the new basis, assign character through §1231 and depreciation recapture, and apply the related-party rules. Review-style questions ask a candidate to correct a schedule or a diagnostic from software.
Nontaxable dispositions
Like-kind exchanges now cover only real property held for business or investment. Gain is recognized to the extent of boot, and relief from a liability counts as boot. Involuntary conversions defer gain when the proceeds are reinvested in qualifying property within the replacement period. The home sale exclusion removes gain up to a cap for a principal residence.
Character: §1231, recapture and small business stock
Depreciable property and real property used in a business and held more than a year are §1231 assets. A net §1231 gain is long-term capital gain, except to the extent of §1231 losses in the prior five years, and a net §1231 loss is ordinary. Depreciation recapture turns part of the gain into ordinary income first. Losses on qualifying small business stock can be ordinary up to an annual cap.
Installment sales and related parties
The installment method spreads gain over the years in which payments are received, but depreciation recapture is recognized in full in the year of sale. Related-party rules disallow losses, turn gain on depreciable property into ordinary income, and count stock owned by family members and entities as owned by the taxpayer.
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