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                                                                                          Department of the Treasury
                                                                                          Internal Revenue Service
2022

Instructions for Schedule D 

(Form 1041)

Capital Gains and Losses

Section references are to the Internal Revenue Code unless    Use Schedule D to report the following.
otherwise noted.                                              The overall capital gains and losses from transactions 
                                                                reported on Form 8949.
Future Developments                                           Certain transactions that the estate or trust doesn't have 
For the latest information about developments related to        to report on Form 8949.
Schedule D and its instructions, such as legislation enacted  Gain from Part I of Form 4797, Sales of Business 
after they were published, go to IRS.gov/Form1041.              Property.
                                                              Capital gain or loss from Form 4684, Casualties and 
What's New                                                      Thefts.
Capital gains and qualified dividends.     For tax year 2022, Capital gain from Form 6252, Installment Sale Income.
the 20% maximum capital gain rate applies to estates and      Capital gain or loss from Form 6781, Gains and Losses 
                                                                From Section 1256 Contracts and Straddles.
trusts with income above $13,700. The 0% and 15% rates 
continue to apply to certain threshold amounts. The 0% rate   Capital gain or loss from Form 8824, Like-Kind 
                                                                Exchanges.
applies up to $2,800. The 15% rate applies to amounts over 
$2,800 and up to $13,700.                                     Undistributed long-term capital gains from Form 2439, 
                                                                Notice to Shareholders of Undistributed Long-Term 
Reminders                                                       Capital Gains.
                                                              Capital gain or loss from partnerships, S corporations, or 
Disposal of qualified opportunity fund (QOF) invest-            other estates or trusts.
ment.   If you disposed of any investment in a QOF during the A capital loss carryover from 2021 to 2022.
tax year, you will need to check the box on Schedule D and 
attach Form 8949, Sales and Other Dispositions of Capital     For more information, see Pub. 544, Sales and Other 
Assets. You will also need to report the disposal on Form     Dispositions of Assets; Pub. 551, Basis of Assets; and the 
8997, Initial and Annual Statement of Qualified Opportunity   Instructions for Form 8949.
Fund (QOF) Investments. See the Instructions for Form 8949 
and the Instructions for Form 8997 for additional reporting   Other Forms You May Have To File
requirements.                                                 Form 8949. Use Form 8949 to report the sale or exchange 
Form 8971.  Form 8971, Information Regarding                  of a capital asset (defined later) not reported on another form 
Beneficiaries Acquiring Property From a Decedent, along       or schedule. See Lines 1a and 8a, later, for more information 
with its Schedule A, is used to comply with the filing        about when Form 8949 is and isn't needed.
requirements regarding consistent basis reporting between     Form 4797. Use Form 4797 to report the following.
an estate and a person acquiring property from an estate.
                                                              1. The sale or exchange of:
For more information, see Consistent basis reporting 
between estate and person acquiring property from a             a. Real property used in a trade or business;
decedent, later.                                                b. Depreciable and amortizable tangible property used 
Form 1041 e-filing. When e-filing Form 1041, U.S. Income               in a trade or business (but see Disposition of 
Tax Return for Estates and Trusts, use either Form 8453-FE,            Depreciable Property Not Used in Trade or Business 
U.S. Estate or Trust Declaration for an IRS e-file Return, or          in the Instructions for Form 4797);
Form 8879-F, IRS e-file Signature Authorization for Form        c. Oil, gas, geothermal, or other mineral property; and
1041. If Form 1041 is e-filed, then any Schedule D (Form 
1041) and Form 8949 that are part of the return must also be    d. Section 126 property.
e-filed.
                                                              2. The involuntary conversion (other than from casualty or 
                                                                theft) of property used in a trade or business and capital 
General Instructions                                            assets held more than 1 year for business or profit. But 
                                                                see Disposition of Depreciable Property Not Used in 
Any reference in these instructions to “you” means the          Trade or Business in the Instructions for Form 4797.
fiduciary of the estate or trust.
                                                              3. The disposition of noncapital assets other than inventory 
Purpose of Schedule                                             or property held primarily for sale to customers in the 
These instructions explain how to complete Schedule D           ordinary course of a trade or business.
(Form 1041). Complete Form 8949 before you complete           4. Ordinary loss on the sale, exchange, or worthlessness of 
line 1b, 2, 3, 8b, 9, or 10 of Schedule D.                      small business investment company (section 1242) 
                                                                stock.

Dec 7, 2022                                             Cat. No. 11378R



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5. Ordinary loss on the sale, exchange, or worthlessness of         consistent with the final estate tax value by starting with the 
small business (section 1244) stock.                                reported value and then making any allowed adjustments.
6. Election to defer a qualified section 1231 gain invested         For more information, see sections 1014(f), 6035, the 
in a Qualified Opportunity Fund (QOF).                              Instructions for Form 8971 and Schedule A and Column 
                                                                    (e)—Cost or Other Basis in the Instructions for Form 8949.
Form 4684. Use Form 4684 to report involuntary                      Basis of property acquired from a decedent who died in 
conversions of property due to casualty or theft.                   2010.  See Pub. 4895, Tax Treatment of Property Acquired 
Form 6781. Use Form 6781 to report gains and losses from            From a Decedent Dying in 2010 for details about determining 
section 1256 contracts and straddles.                               the basis of property acquired from a decedent who died in 
                                                                    2010.
Form 8824. Use Form 8824 if the estate or trust made one 
or more like-kind exchanges. A like-kind exchange occurs            Basis of assets held on January 1, 2001, where an elec-
when the estate or trust exchanges business or investment           tion to recognize gain was made.  If you elected on behalf 
real property for real property of a like kind.                     of an estate or trust to recognize gain on an asset held on 
                                                                    January 1, 2001, the basis in the asset is its closing market 
Form 8971. Use Form 8971 (including Schedule(s) A) to               price or FMV, whichever applies, on the date of the deemed 
report basis between an estate and a person acquiring               sale and reacquisition, whether the deemed sale resulted in a 
property from a decedent.                                           gain or an unallowed loss.
Special Rules for Determining Basis of Estate                       Carryover basis. Carryover basis determined under 
and Trust Property                                                  repealed section 1023 applies to property acquired from a 
                                                                    decedent who died after December 31, 1976, and before 
Basis of trust property.  Generally, the basis of property          November 7, 1978, only if the executor made a timely filed 
acquired by gift is the same as its basis in the hands of the       election on Form 5970-A, Election of Carryover Basis.
donor. However, if the fair market value (FMV) of the property 
at the time it was transferred to the trust is less than the        Property received from an Alaska Native Corporation. 
transferor's basis, then the FMV is used to determine any           The basis of property received by an Alaska Native 
loss upon disposition.                                              Settlement Trust from an Alaska Native Corporation is the 
                                                                    lesser of the basis of the Native Corporation in the property 
If the property was transferred to the trust after 1976, and        or the FMV immediately before the contribution of the 
a gift tax was paid under Chapter 12, then increase the             property to the trust. The basis and FMV of the property are 
donor's basis as follows:                                           shown on the statement provided by the Native Corporation 
Multiply the amount of the gift tax paid by a fraction, the         to the Settlement Trust.
numerator of which is the net appreciation in value of the gift 
(defined below), and the denominator of which is the amount         Capital Asset
of the gift. For this purpose, the net appreciation in value of     Each item of property held by the estate or trust (whether or 
the gift is the amount by which the FMV of the gift exceeds         not connected with a trade or business) is a capital asset, 
the donor's adjusted basis.                                         except the following.
Basis of decedent's estate property.  Generally, the basis          Stock in trade, inventory, or property held primarily for 
of property acquired by a decedent's estate is the FMV of the         sale to customers.
property at the date of the decedent's death, or the alternate      Depreciable or real property used in a trade or business, 
valuation date if the executor elected to use an alternate            even if it's fully depreciated.
valuation under section 2032.                                       Certain patents, inventions, models, or designs (whether 
See Pub. 551 and the Instructions for Form 706, United                or not patented); secret formulas or processes; or similar 
States Estate (and Generation-Skipping Transfer) Tax                  property. See section 1221(a)(3).
Return, for a discussion of the valuation of qualified real         Copyrights; literary, musical, or artistic compositions; 
property under section 2032A.                                         letters or memoranda; or similar property eligible for 
                                                                      copyright protection that the trust received from someone 
Consistent basis reporting between estate and person                  whose personal efforts created them or for whom they 
acquiring property from a decedent.   An executor of an               were created in a way (such as by gift) that entitled the 
estate (or other person) required to file an estate tax return        trust to the basis of the previous owner. In the case of 
after July 31, 2015, must provide a Form 8971 with attached           letters, memoranda, or similar property, such property 
Schedules A to the IRS, and a copy of the beneficiary’s               may also be prepared or produced for the trust.
Schedule A to each beneficiary who receives or is to receive          Note. Under section 1221(b)(3), the trust can elect to 
property from the estate. The Schedule A must show the final          treat musical compositions and copyrights in musical 
estate tax value of the property received or to be received by        works as capital assets if it acquired the assets under 
the beneficiary. An executor (or other person) who files an           circumstances entitling it to the basis of the person who 
estate tax return only to make an election regarding the              created the property or for whom it was prepared or 
generation-skipping transfer tax or portability of the                produced.
deceased spousal unused exclusion (DSUE) is not required            Accounts or notes receivable acquired in the ordinary 
to provide Form 8971 and Schedule A.                                  course of a trade or business for services rendered or 
If Part 2, column C of the Schedule A, received by the                from the sale of inventoriable assets or property held 
beneficiary indicates that the property increases the estate          primarily for sale to customers.
tax liability, the beneficiary must use a basis consistent with     Certain U.S. Government publications not purchased at 
the final estate tax value of the property to determine the           the public sale price.
beneficiary’s basis in that property. Calculate a basis             Certain “commodities derivative financial instruments” 
                                                                      held by a dealer (see section 1221(a)(6)).

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Certain hedging transactions entered into in the normal           Items for Special Treatment
  course of a trade or business (see section 1221(a)(7)).             Bonds and other debt instruments. See Pub. 550, 
                                                                    
Supplies regularly used in a trade or business.                     Investment Income and Expenses (Including Capital 
                                                                      Gains and Losses).
Short-Term or Long-Term
                                                                    Gain on the disposition of a market discount bond. In 
Separate the capital gains and losses according to how long           general, the gain is recharacterized as interest income to 
the estate or trust held or owned the property. The holding           the extent of accrued market discount as of the date of 
period for short-term capital gains and losses is generally 1         disposition. See sections 1276 through 1278 and Pub. 
year or less. The holding period for long-term capital gains          550 for more information on market discount. See the 
and losses is generally more than 1 year. Property acquired           Instructions for Form 8949 for detailed information about 
from a decedent is treated as held for more than 1 year.              how to report the disposition of a market discount bond.
To figure the length of the period the estate or trust held         Gain or loss recognized on the disposition of a 
property, begin counting on the day after the estate or trust         contingent payment debt instrument subject to the 
acquired the property and include the day it was disposed.            noncontingent bond method. The gain is generally 
Use the trade dates for the dates of acquisition and sale of          treated as interest income rather than as capital gain. In 
stocks and bonds traded on an exchange or over-the-counter            certain situations, all or a portion of a loss recognized on 
market.                                                               the disposition of a contingent payment debt instrument 
                                                                      subject to the noncontingent bond method may be 
The holding period for property received by an Alaska                 treated as an ordinary loss rather than as a capital loss. 
Native Settlement Trust from an Alaska Native Corporation             See Regulations section 1.1275-4(b) and Pub. 550 for 
includes the period the Native Corporation held the property.         more information on contingent payment debt 
The date the Native Corporation acquired the property is              instruments subject to the noncontingent bond method.
shown on the statement provided by the Native Corporation           A nonbusiness bad debt must be treated as a short-term 
to the Settlement Trust.                                              capital loss and can be deducted only in the year the 
Beginning in 2018, the long-term holding period for certain           debt becomes totally worthless. See Pub. 550 for details.
gains with respect to “applicable partnership interests” is         Wash sales of stock or securities (including contracts or 
more than 3 years. See Pub. 541, Partnerships, for more               options to acquire or sell stock or securities) (section 
information.                                                          1091).
                                                                    Gain or loss on options to buy or sell. See Pub. 550.
For more information about holding periods, see the                 Certain real estate subdivided for sale that may be 
Instructions for Form 8949.                                           considered a capital asset (section 1237).
                                                                    Gain on disposition of stock in domestic international 
Section 643(e)(3) Election                                            sales corporations (DISC) (section 995(c)).
For in-kind noncash property distributions, a fiduciary may         Gain on the sale or exchange of stock in certain foreign 
elect to have the estate or trust recognize gain or loss in the       corporations (section 1248).
same manner as if the distributed property had been sold to         Sales of stock received under a qualified public utility 
the beneficiary at its FMV. The distribution deduction is the         dividend reinvestment plan. See Pub. 550 for details.
property's FMV. This election applies to all distributions          Transfer of appreciated property to a political 
made by the estate or trust during the tax year. Once the             organization (section 84).
election is made, it may only be revoked with IRS consent.          Amounts received by shareholders in corporate 
                                                                      liquidations. See Pub. 550.
Note. Section 267 doesn't allow a trust or a decedent's             Cash received in lieu of fractional shares of stock as a 
estate to claim a deduction for any loss on property to which         result of a stock split or stock dividend. See Pub. 550.
a section 643(e)(3) election applies. In addition, when a trust     Load charges to acquire stock in a regulated investment 
or a decedent's estate distributes depreciable property,              company (including a mutual fund), which may not be 
section 1239 applies to deny capital gains treatment for any          taken into account in determining gain or loss on certain 
gain on property to which a section 643(e)(3) election                dispositions of the stock if reinvestment rights were 
applies.                                                              exercised. See Pub. 550.
                                                                    The sale or exchange of S corporation stock or an 
Related Persons                                                       interest in a trust held for more than 1 year, which may 
A trust can't deduct a loss from the sale or exchange of              result in collectibles gain (28% rate gain). See the 
property directly or indirectly between any of the following.         instructions for line 18c, later.
A grantor and a fiduciary of a trust;                             The sale or other disposition of a partnership interest 
A fiduciary of a trust and a fiduciary (or beneficiary) of          may result in ordinary income, collectibles gain, or 
  another trust created by the same grantor;                          unrecaptured section 1250 gain.
A fiduciary and a beneficiary of the same trust;                  Gain or loss on the disposition of securities futures 
A trust fiduciary and a corporation of which more than              contracts. See Pub. 550.
  50% in value of the outstanding stock is owned directly or        Gains from certain constructive ownership transactions. 
  indirectly by or for the trust or by or for the grantor of the      Gain in excess of the gain the estate or trust would have 
  trust; or                                                           recognized if the estate or trust held a financial asset 
An executor of an estate and a beneficiary of that estate,          directly during the term of a derivative contract must be 
  except when the sale or exchange is to satisfy a                    treated as ordinary income. See section 1260 for details.
  pecuniary bequest (that is, a bequest of a sum of                 If qualified dividends include extraordinary dividends, 
  money).                                                             any loss on the sale or exchange of the stock is a 
                                                                      long-term capital loss to the extent of the extraordinary 
                                                                      dividends. An extraordinary dividend is a dividend that is 

2022 Instructions for Schedule D (Form 1041)                     -3-



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  at least 10% (5% in the case of preferred stock) of the           To be QSB stock, the stock must meet all of the following 
  basis in the stock.                                               tests.
Gain or loss from a sale, exchange, or other disposition 
                                                                    1. It must be stock in a C corporation (that is, not S 
  of virtual currency if held as a capital asset. See Notice 
                                                                      corporation stock).
  2014-21, 2014-16 I.R.B. 938.
NAV method for money market funds. Report capital gain            2. It must have been originally issued after August 10, 
  or loss determined under the net asset value (NAV)                  1993.
  method with respect to shares in a money market fund 
  on Form 8949, Part I, with box C checked. Enter the               3. As of the date the stock was issued, the corporation was 
  name of each fund followed by “(NAV)” in column (a).                a QSB. A QSB is a domestic C corporation with total 
  Enter the net gain or loss in column (h). Leave all other           gross assets of $50 million or less (a) at all times after 
  columns blank. See the Instructions for Form 8949.                  August 9, 1993, and before the stock was issued, and 
                                                                      (b) immediately after the stock was issued. Gross assets 
Constructive Sales Treatment for Certain                              include those of any predecessor of the corporation. All 
                                                                      corporations that are members of the same 
Appreciated Positions                                                 parent-subsidiary controlled group are treated as one 
Generally, the estate or trust must recognize gain (but not           corporation.
loss) on the date it enters into a constructive sale of any 
appreciated position in stock, a partnership interest, or           4. The estate or trust acquired the stock at its original issue 
certain debt instruments as if the position were disposed of at       (either directly or through an underwriter), either in 
FMV on that date.                                                     exchange for money or other property or as pay for 
                                                                      services (other than as an underwriter) to the 
The estate or trust is treated as making a constructive sale          corporation. In certain cases, the estate or trust may 
of an appreciated position when it (or a related person, in           meet the test if it acquired the stock from another person 
some cases) does one of the following.                                who met this test (such as by gift or inheritance) or 
Enters into a short sale of the same or substantially               through a conversion or exchange of QSB stock the 
  identical property (that is, a “short sale against the box”);       estate or trust held.
Enters into an offsetting notional principal contract 
  relating to the same or substantially identical property;         5. During substantially all the time the estate or trust held 
Enters into a futures or forward contract to deliver the            the stock:
  same or substantially identical property; or                        a. The corporation was a C corporation;
Acquires the same or substantially identical property (if 
  the appreciated position is a short sale, offsetting                b. At least 80% of the value of the corporation's assets 
  notional principal contract, or a futures or forward                    was used in the active conduct of one or more 
  contract).                                                              qualified businesses (defined below); and
Exception. Generally, constructive sale treatment doesn't             c. The corporation wasn't a foreign corporation, DISC, 
apply if:                                                                 former DISC, corporation that has made (or that has 
The estate or trust closed the transaction before the end               a subsidiary that has made) a section 936 election, 
  of the 30th day after the end of the year in which it was               regulated investment company, real estate 
  entered into,                                                           investment trust, real estate mortgage investment 
The estate or trust held the appreciated position to which              conduit, financial asset securitization investment 
  the transaction relates throughout the 60-day period                    trust, or cooperative.
  starting on the date the transaction was closed, and
                                                                    Note. A specialized small business investment company 
At no time during that 60-day period was the estate's or 
                                                                    (SSBIC) is treated as having met test 5b above.
  trust's risk of loss reduced by holding certain other 
  positions.                                                        Qualified business. A qualified business is any business 
For details and other exceptions to these rules, see Pub.           other than the following.
550.                                                                One involving services performed in the fields of health, 
                                                                      law, engineering, architecture, accounting, actuarial 
Exclusion of Gain on Qualified Small Business                         science, performing arts, consulting, athletics, financial 
                                                                      services, or brokerage services;
(QSB) Stock (Section 1202)
                                                                    One whose principal asset is the reputation or skill of one 
Section 1202 allows you to exclude a portion of the eligible          or more employees;
gain on the sale or exchange of QSB stock held for more             Any banking, insurance, financing, leasing, investing, or 
than 5 years. You can exclude up to 50% of the qualified gain         similar business;
if you acquired the QSB stock on or before February 17,             Any farming business (including the raising or harvesting 
2009. You can exclude up to 60% of the qualified gain on              of trees);
certain empowerment zone business stock for gain                    Any business involving the production of products for 
attributable to periods on or before December 31, 2018. The           which percentage depletion can be claimed; or
60% exclusion doesn't apply to gain attributable to periods         Any business of operating a hotel, motel, restaurant, or 
after December 31, 2018. See Empowerment zone business                similar business.
stock, later. The exclusion is increased to 75% on the sale or 
exchange of QSB stock acquired after February 17, 2009,             For more details about limits and additional requirements 
and before September 28, 2010. The exclusion is increased           that may apply, see Pub. 550 or section 1202.
to 100% on the sale of QSB stock acquired after September           Acquisition date of stock acquired after February 17, 
27, 2010.                                                           2009. When determining whether the exclusion is limited to 
                                                                    50%, 75%, or 100% of the gain from the QSB stock, the 

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acquisition date is considered to be the first day the stock is          Gain from Form 2439. If the estate or trust received a 
held (determined after applying the holding period rules in             Form 2439, Notice to Shareholder of Undistributed 
section 1223).                                                          Long-Term Capital Gains, with a gain in box 1c, part or all of 
                                                                        that gain (which is also included in box 1a) may be eligible for 
Empowerment zone business stock.    Generally, the 
                                                                        the section 1202 exclusion. Report the total gain (box 1a) on 
estate or trust can exclude up to 60% of its gain on certain 
                                                                        Schedule D, line 11. In column (a) of Form 8949, Part II, enter 
QSB stock if it meets the following additional requirements.
                                                                        the name of the corporation whose stock was sold. In column 
1. The stock sold or exchanged was stock in a corporation               (f), enter “Q” and in column (g), enter the amount of the 
that qualified as an empowerment zone business during                   excluded gain as a negative number. See the Instructions for 
substantially all of the time the estate or trust held the              Form 8949, columns (f), (g), and (h). If you are completing 
stock.                                                                  line 18c of Schedule D, enter as a positive number the 
                                                                        amount of your allowable exclusion on line 2 of the 28% Rate 
2. The estate or trust acquired the stock after December 
                                                                        Gain Worksheet, later; if you excluded 60% of the gain, enter 
21, 2000, and before February 18, 2009.                                 2/  of the exclusion; if you excluded 75% of the gain, enter  /3 1 3 
3. The gain from the sale or exchange of the stock is                   of the exclusion; if you excluded 100% of the gain, don't enter 
attributable to periods on or before December 31, 2018.                 an amount.
                                                                         Gain from an installment sale of QSB stock.     If all 
Requirement 1 will still be met if the corporation ceased to 
                                                                        payments aren't received in the year of sale, a sale of QSB 
qualify after the 5-year period that began on the date the 
                                                                        stock that isn't traded on an established securities market is 
estate or trust acquired the stock. However, the gain that 
                                                                        generally treated as an installment sale and is reported on 
qualifies for the 60% exclusion can't be more than the gain 
                                                                        Form 6252. Part or all of any gain from the sale that is 
the estate or trust would have had if it had sold the stock on 
                                                                        reported on Form 6252 for the current year may be eligible 
the date the corporation ceased to qualify.
                                                                        for the section 1202 exclusion. Report the long-term gain 
See section 1397C for more details.                                     from Form 6252 on Schedule D, line 11. In column (a) of 
Stock acquired after February 17, 2009.    The estate or                Form 8949, Part II, enter the name of the corporation whose 
trust can exclude up to 75% of the gain if it acquired the stock        stock was sold. In column (f), enter “Q” and in column (g), 
after February 17, 2009, and before September 28, 2010.                 enter the amount of the allowable exclusion as a negative 
                                                                        number. See the Instructions for Form 8949, columns (f), (g), 
The estate or trust can exclude up to 100% of the gain if it            and (h). If you are completing line 18c of Schedule D, enter 
acquired the stock after September 27, 2010.                            as a positive number the amount of your allowable exclusion 
Pass-through entities.     If the estate or trust held an interest      for the year on line 2 of the 28% Rate Gain Worksheet, later; 
in a pass-through entity (a partnership, S corporation, mutual          if you excluded 60% of the gain, enter  /  of the exclusion; if 2 3
fund, or other regulated investment company) that sold QSB              you excluded 75% of the gain, enter  /  of the exclusion; if 1 3
stock, the estate or trust must generally have held the                 you excluded 100% of the gain, don't enter an amount.
interest on the date the pass-through entity acquired the QSB            Alternative minimum tax. Enter 7% of the estate's or 
stock and at all times thereafter until the stock was sold to           trust's allowable exclusion for the year on line 8 of Schedule I 
qualify for the exclusion.                                              (Form 1041), Alternative Minimum Tax—Estates and Trusts. 
How to report. Report the sale or exchange of the QSB                   However, if the estate or trust qualifies for the 100% 
stock on Form 8949, Part II, with the appropriate box                   exclusion, leave line 8 of Schedule I (Form 1041) blank.
checked, as you would if you weren't taking the exclusion.              Rollover of gain from QSB stock. If the estate or trust held 
Enter “Q” in column (f) and enter the amount of the excluded            QSB stock (as defined earlier) for more than 6 months, it may 
gain as a negative number in column (g). Put it in                      elect to postpone gain if it purchased other QSB stock during 
parentheses to show it is negative. See the Instructions for            the 60-day period that began on the date of the sale.
Form 8949, columns (f), (g), and (h). Complete all remaining 
columns. If you are completing line 18c of Schedule D, enter             The estate or trust must recognize gain to the extent the 
as a positive number the amount of your allowable exclusion             sale proceeds exceed the cost of the replacement stock. 
on line 2 of the 28% Rate Gain Worksheet, later; if you                 Reduce the basis of the replacement stock by any postponed 
excluded 60% of the gain, enter  /  of the exclusion; if you 2 3        gain.
excluded 75% of the gain, enter  /  of the exclusion; if you 1 3         The estate or trust must make the election no later than 
excluded 100% of the gain, don't enter an amount.                       the due date (including extensions) for filing Form 1041 for 
Gain from Form 1099-DIV.   If the estate or trust received              the tax year in which the stock was sold. If the original Form 
a Form 1099-DIV, Dividends and Distributions, with a gain in            1041 was filed on time, the election may be made on an 
box 2c, part or all of that gain (which is also included in             amended return filed no later than 6 months after the due 
box 2a) may be eligible for the section 1202 exclusion.                 date of the original return (excluding extensions). Write “Filed 
Report the total gain (box 2a) on Schedule D, line 13. In               pursuant to section 301.9100-2” at the top of the amended 
column (a) of Form 8949, Part II, enter the name of the                 return, and file it at the same address used for the original 
corporation whose stock was sold. In column (f), enter “Q”              Form 1041.
and in column (g), enter the amount of the excluded gain as a            How to report. To make the election, report the sale on 
negative number. See the Instructions for Form 8949,                    Part I or Part II of Form 8949 (depending on how long the 
columns (f), (g), and (h). If you are completing line 18c of            estate or trust owned the stock), as it would be reported if the 
Schedule D, enter as a positive number the amount of your               election wasn't made. Then, enter “R” in column (f) and the 
allowable exclusion on line 2 of the 28% Rate Gain                      amount of the postponed gain from the section 1045 rollover 
Worksheet, later; if you excluded 60% of the gain, enter  /  of 2 3     as a negative number in column (g). Put it in parentheses to 
the exclusion; if you excluded 75% of the gain, enter  /  of the 1 3    show it is negative. Complete all remaining columns. See the 
exclusion; if you excluded 100% of the gain, don't enter an             Instructions for Form 8949, columns (f), (g), and (h).
amount.

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Exclusion of gain from DC Zone assets.      If the estate or         checked, as you would if you weren't taking the exclusion. 
trust sold or exchanged a District of Columbia Enterprise            Then, enter “X” in column (f) and enter the amount of the 
Zone (DC Zone) asset that it acquired after 1997 and before          exclusion as a negative number in column (g). Put it in 
2012 and held for more than 5 years, it may be able to               parentheses to show it is negative. See the instructions for 
exclude the amount of qualified capital gain that it would           Form 8949, columns (f), (g), and (h). Complete all remaining 
otherwise include in income. The exclusion applies to an             columns.
interest in, or property of, certain businesses operating in the     Report the sale or exchange of qualified community 
District of Columbia.                                                business property on Form 4797. See the Form 4797 
DC Zone asset. A DC Zone asset is any of the following.              instructions for details.
DC Zone business stock.                                            Deferral of gain invested in a Qualified Opportunity 
DC Zone partnership interest.                                      Fund (QOF). If the estate or trust has an eligible gain 
DC Zone business property.                                         (defined below), it can invest that gain in a QOF and elect to 
Qualified capital gain. Qualified capital gain is any gain           defer part or all of the gain that it would otherwise include in 
recognized on the sale or exchange of a DC Zone asset that           income until the estate or trust sells or exchanges the 
is a capital asset or property used in a trade or business. It       investment in the QOF or December 31, 2026, whichever is 
doesn't include any of the following gains.                          earlier. If the election is made, only include gain to the extent, 
Gain attributable to periods after December 31, 2016.              if any, that the amount of realized gain is more than the 
Gain treated as ordinary income under section 1245.                aggregate amount invested in a QOF during the 180-day 
Section 1250 gain figured as if section 1250 applied to all        period beginning on the date the gain was realized. The 
  depreciation rather than the additional depreciation.              estate or trust may also be able to permanently exclude the 
Gain attributable to real property, or an intangible asset,        gain from the sale or exchange of any investment in a QOF if 
  that isn't an integral part of a DC Zone business.                 the investment is held for at least 10 years.
Gain from a related-party transaction. See Sales and               QOF.   A QOF is any investment vehicle that is organized 
  Exchanges Between Related Persons in chapter 2 of                  as either a corporation or partnership for the purpose of 
  Pub. 544.                                                          investing in eligible property that is located in a Qualified 
How to report. Report the sale or exchange of DC Zone                Opportunity Zone.
business stock or a DC Zone partnership interest on Form             Eligible gain. Gain that is eligible to be deferred if it is 
8949, Part II, as you would if you weren't taking the exclusion.     invested in a QOF includes any amount treated as a capital 
Then, enter “X” in column (f). Enter the amount of the               gain for federal income tax purposes. See section 1400Z-2 
exclusion as a negative number in column (g). Put it in              for more details on Opportunity Zones and the special rules. 
parentheses to show it is negative. See the instructions for         Also, see IRS.gov/credits-deductions/Opportunity-Zones-
Form 8949, columns (f), (g), and (h). Complete all remaining         Frequently-Asked-Questions.
columns.                                                             How to report.   Report the eligible gain as you normally 
Report the sale or exchange of DC Zone business                      would on Schedule D (Form 1041). See the Form 8949 
property on Form 4797. See the Form 4797 instructions for            instructions for how to report the deferral. You also need to 
details.                                                             attach Form 8997 annually until you dispose of the QOF 
                                                                     investment. See the Instructions for Form 8997.
Exclusion of gain from qualified community assets.           If 
the estate or trust sold or exchanged a qualified community 
asset that it acquired after 2001 and before 2010 and held for       Specific Instructions
more than 5 years, it may be able to exclude the qualified                  The instructions below assume the estate or trust is a 
capital gain that it would otherwise include in income. The          !      cash basis calendar-year taxpayer.
exclusion applies to an interest in, or property of, certain         CAUTION
renewal community businesses.
Qualified community asset.     A qualified community                 Rounding Off Whole Dollars
asset is any of the following.                                       You can round off cents to whole dollars on your Schedule D 
Qualified community stock.                                         (Form 1041). If you do round to whole dollars, you must 
Qualified community partnership interest.                          round all amounts. To round, drop amounts under 50 cents 
Qualified community business property.                             and increase amounts from 50 to 99 cents to the next dollar. 
Qualified capital gain. Qualified capital gain is any gain           For example, $1.39 becomes $1 and $2.50 becomes $3.
recognized on the sale or exchange of a qualified community 
asset but doesn't include any of the following.                      If you have to add two or more amounts to figure the 
Gain attributable to periods after December 31, 2014.              amount to enter on a line, include cents when adding the 
Gain treated as ordinary income under section 1245.                amounts and round off only the total.
Section 1250 gain figured as if section 1250 applied to all        If you are entering amounts that include cents, make sure 
  depreciation rather than the additional depreciation.              to include the decimal point. There is no cents column on the 
Gain attributable to real property, or an intangible asset,        form.
  that isn't an integral part of a renewal community 
  business.                                                          Disposal of QOF investment
Gain from a related-party transaction. See Sales and               If you disposed of any investment in a QOF during the tax 
  Exchanges Between Related Persons in chapter 2 of                  year, check the box on page 1 of Schedule D and see the 
  Pub. 544.                                                          Instructions for Form 8949 for additional reporting 
How to report. Report the sale or exchange of qualified              requirements. You must also complete Part III of Form 8997. 
community stock or a qualified community partnership                 See the Instructions for Form 8997 for details.
interest on Form 8949, Part II, with the appropriate box 

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Lines 1a and 8a—Transactions Not Reported on                        meaning that basis was reported to the IRS. However, the 
Form 8949                                                           basis shown in box 1e is incorrect. Don't report this 
                                                                    transaction on line 1a or line 8a. Instead, report the 
The estate or trust can report on line 1a (for short-term           transaction on Form 8949. See the Instructions for Form 
transactions) or line 8a (for long-term transactions) the           8949, columns (f), (g), and (h). Complete all necessary 
aggregate totals from any transactions (except sales of             pages of Form 8949 before completing line 1b, 2, 3, 8b, 9, or 
collectibles) for which:                                            10 of Schedule D (Form 1041).
The estate or trust received a Form 1099-B, Proceeds 
  From Broker and Barter Exchange Transactions (or                  Lines 1b, 2, 3, 8b, 9, and 10, Column 
  substitute statement), that shows basis was reported to 
                                                                    (h)—Transactions Reported on Form 8949
  the IRS and doesn't show any adjustments in boxes 1f or 
  1g;                                                               Figure gain or loss on each line. First, subtract the cost or 
The Ordinary checkbox in box 2 of Form 1099-B is not              other basis in column (e) from the proceeds (sales price) in 
  checked;                                                          column (d). Then, combine the result with any adjustments in 
The QOF checkbox in box 3 of Form 1099-B is not                   column (g). Enter the gain or loss in column (h). Enter 
  checked;                                                          negative amounts in parentheses.
The estate or trust isn't electing to defer income due to         Example 1—gain. Column (d) is $6,000 and column (e) 
  an investment in a QOF and isn't terminating deferral             is $2,000. Enter $4,000 in column (h).
  from an investment in a QOF; and
The estate or trust doesn't need to make any                      Example 2—loss. Column (d) is $6,000 and column (e) is 
  adjustments to the basis or type of gain or loss (short           $8,000. Enter ($2,000) in column (h).
  term or long term) reported on Form 1099-B (or 
  substitute statement), or to its gain or loss.                    Example 3—adjustment. Column (d) is $6,000, column 
                                                                    (e) is $2,000, and column (g) is ($1,000). Enter $3,000 
See How To Complete Form 8949, Columns (f) and (g), in              ($6,000 − $2,000 − $1,000) in column (h).
the Form 8949 instructions for details about possible 
adjustments to your gain or loss.                                   Lines 4 and 11
If the estate or trust chooses to report these transactions         Undistributed capital gains. Include on line 11, column 
on lines 1a and 8a, don't report them on Form 8949. You             (h), the amount from box 1a of Form 2439. This amount 
don't need to attach a statement to explain the entries on          represents the estate's or trust's share of undistributed 
lines 1a and 8a.                                                    long-term capital gains from a regulated investment company 
                                                                    (mutual fund) or real estate investment trust.
Figure gain or loss on each line. First, subtract the cost or 
other basis in column (e) from the proceeds (sales price) in        If there is an amount in box 1b of Form 2439, include that 
column (d). Enter the gain or loss in column (h). Enter             amount on line 11 of the Unrecaptured Section 1250 Gain 
negative amounts in parentheses.                                    Worksheet, later, if you are required to complete line 18b, 
                                                                    column (2), of the schedule. If there is an amount in box 1c of 
Example 1—basis reported to the IRS. The estate or                  Form 2439, see Exclusion of Gain on Qualified Small 
trust received a Form 1099-B reporting the sale of stock held       Business (QSB) Stock (Section 1202), earlier. If there is an 
for 3 years. It shows proceeds (in box 1d) of $6,000 and cost       amount in box 1d of Form 2439, include that amount on line 4 
or other basis (in box 1e) of $2,000. Box 12 is checked,            of the 28% Rate Gain Worksheet, later.
meaning that basis was reported to the IRS. The estate or           Enter on Form 1041, Schedule G, Part II, line 16a, the tax 
trust doesn't need to make any adjustments to the amounts           paid as reported in box 2 of Form 2439. Increase the basis of 
reported on Form 1099-B or enter any codes. This was the            the stock by the excess of the amount included in income 
estate’s or trust's only 2022 transaction. Instead of reporting     over the amount of the credit for tax paid. See Pub. 550 for 
this transaction on Form 8949, the estate or trust can enter        more details.
$6,000 on Schedule D, line 8a, column (d); $2,000 in column 
(e); and $4,000 ($6,000 – $2,000) in column (h).                    Installment sales. If the estate or trust sold property (other 
                                                                    than publicly traded stocks or securities) at a gain during the 
If you had a second transaction that was the same except            tax year and will receive a payment in a later tax year, you 
that the proceeds were $5,000 and the basis was $3,000,             generally report the sale on the installment method and file 
combine the two transactions. Enter $11,000 ($6,000 +               Form 6252, unless you elect not to do so.
$5,000) on Schedule D, line 8a, column (d); $5,000 ($2,000 +        Also, use Form 6252 to report any payment received in 
$3,000) in column (e); and $6,000 ($11,000 – $5,000) in             2022 from a sale made in an earlier tax year that was 
column (h).                                                         reported on the installment method.
Example 2—basis not reported to the IRS. The estate                 To elect out of the installment method, report the full 
or trust received a Form 1099-B showing proceeds (in                amount of the gain on Form 8949 on a timely filed return 
box 1d) of $6,000 and cost or other basis (in box 1e) of            (including extensions) for the year of the sale. If the original 
$2,000. Box 12 isn't checked, meaning that basis wasn't             return was filed timely, the election may be made on an 
reported to the IRS. Don't report this transaction on line 1a or    amended return filed no later than 6 months after the due 
line 8a. Instead, report the transaction on Form 8949.              date of the original return (excluding extensions). Write “Filed 
Complete all necessary pages of Form 8949 before                    pursuant to section 301.9100-2” at the top of the amended 
completing line 1b, 2, 3, 8b, 9, or 10 of Schedule D (Form          return, and file it at the same address as the original Form 
1041).                                                              1041.
Example 3—adjustment. The estate or trust received a                Exchange of “like-kind” property.     Generally, no gain or 
Form 1099-B showing proceeds (in box 1d) of $6,000 and              loss is recognized when real property held for productive use 
cost or other basis (in box 1e) of $2,000. Box 12 is checked,       in a trade or business or for investment is exchanged solely 

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for real property of a like kind to be held either for productive     Line 18b—Unrecaptured Section 1250 Gain
use in a trade or business or for investment. However, if a           Complete the Unrecaptured Section 1250 Gain Worksheet, 
trust exchanges like-kind real property with a related person         later, if any of the following apply.
(see Related Persons, earlier) and within 2 years of the last           During the tax year, the estate or trust sold or otherwise 
                                                                      
transfer that was part of the exchange, the related person              disposed of section 1250 property (generally, real 
disposes of the real property, or the trust disposes of the real        property that was depreciated) held more than 1 year.
property received in exchange from the related person, then             The estate or trust received installment payments during 
                                                                      
the original exchange will not qualify for nonrecognition. See          the tax year for section 1250 property held more than 1 
section 1031(f) for exceptions.                                         year and is reporting gain on the installment method.
Complete and attach Form 8824 to Form 1041 for each                   The estate or trust received a Schedule K-1 from an 
exchange.                                                               estate or trust, partnership, or S corporation that reports 
                                                                        “unrecaptured section 1250 gain” for the tax year.
Line 13—Capital Gain Distributions                                    The estate or trust received a Form 1099-DIV or Form 
Enter as a long-term capital gain on line 13, column (h), the           2439 from a real estate investment trust or regulated 
total capital gain distributions paid during the year,                  investment company (including a mutual fund) that 
regardless of how long the estate or trust held its investment.         reports “unrecaptured section 1250 gain” for the tax year.
This amount is reported in box 2a of Form 1099-DIV. If there          The estate or trust reported a long-term capital gain from 
is an amount in box 2b, include that amount on line 11 of the           the sale or exchange of an interest in a partnership that 
Unrecaptured Section 1250 Gain Worksheet, later, if the                 owned section 1250 property.
worksheet is required. If there is an amount in box 2c, see 
Exclusion of Gain on Qualified Small Business (QSB) Stock             Instructions for the Unrecaptured Section 1250 
(Section 1202), earlier. If there is an amount in box 2d of 
                                                                      Gain Worksheet
Form 1099-DIV, include the amount on line 4 of the 28% 
Rate Gain Worksheet, later.                                           Lines 1 through 3. If the estate or trust had more than one 
                                                                      property, complete lines 1 through 3 for each property on a 
Line 17, Column (1)—Beneficiaries' Net                                separate worksheet. Next, enter the total amount for all 
Short-Term Capital Gain or Loss                                       properties on line 3; then, go to line 4.
Enter the amount of net short-term capital gain or loss               Line 4. To figure the amount to enter on line 4, follow the 
allocable to the beneficiary or beneficiaries. Include only           steps below for each installment sale of trade or business 
those short-term capital losses that are taken into account in        property held more than 1 year.
determining the amount of gain from the sale or exchange of           Step 1.  Figure the smaller of (a) the depreciation allowed 
capital assets that is paid, credited, or required to be              or allowable, or (b) the total gain for the sale. This is the 
distributed to any beneficiary during the tax year. See               smaller of line 22 or line 24 of the 2022 Form 4797 (or the 
Regulations section 1.643(a)-3 for more information about             comparable lines of Form 4797 for the year of sale) for that 
allocation of capital gains and losses.                               property.
If the losses from the sale or exchange of capital assets             Step 2.  Reduce the amount figured in step 1 by any 
are more than the gains, the net loss must be allocated to the        section 1250 ordinary income recapture for the sale. This is 
estate or trust and not to the beneficiaries.                         the amount from line 26g of the 2022 Form 4797 (or the 
                                                                      comparable line of Form 4797 for the year of sale) for that 
Line 17, Column (2)—Estate's or Trust's Net                           property. The result is the total unrecaptured section 1250 
Short-Term Capital Gain or Loss                                       gain that must be allocated to the installment payments 
                                                                      received from the sale.
Enter the amount of the net short-term capital gain or loss           Step 3.  Generally, the amount of section 1231 gain on 
allocable to the estate or trust. Include any capital gain paid       each installment payment is treated as unrecaptured section 
or permanently set aside for a charitable purpose specified in        1250 gain until the total unrecaptured section 1250 gain 
section 642(c).                                                       figured in step 2 has been used in full. Figure the amount of 
                                                                      gain treated as unrecaptured section 1250 gain for 
Line 17, Column (3)—Total
                                                                      installment payments received during the tax year as the 
Enter the total of the amounts entered in columns (1) and (2).        smaller of (a) the amount from line 26 or line 37 of the 2022 
The amount in column (3) should be the same as the amount             Form 6252, whichever applies; or (b) the amount of 
on line 7.                                                            unrecaptured section 1250 gain remaining to be reported. 
                                                                      This amount is generally the total unrecaptured section 1250 
Line 18a—Net Long-Term Capital Gain or Loss                           gain for the sale reduced by all gain reported in prior years 
Allocate the net long-term capital gain or loss on line 18a in        (excluding section 1250 ordinary income recapture). 
the same manner as the net short-term capital gain or loss on         However, if you chose not to treat all of the gain from 
line 17. However, don't take the section 1202 exclusion on            payments received after May 6, 1997, and before August 24, 
gain from the sale or exchange of qualified small business            1999, as unrecaptured section 1250 gain, use only the 
stock into account when figuring net long-term capital gain or        amount you chose to treat as unrecaptured section 1250 gain 
loss allocable to the beneficiaries.                                  for those payments to reduce the total unrecaptured section 
                                                                      1250 gain remaining to be reported for the sale. Include this 
                                                                      amount on line 4.
                                                                      Line 10. Include on line 10 the estate's or trust's share of the 
                                                                      partnership's unrecaptured section 1250 gain that would 
                                                                      result if the partnership had transferred all of its section 1250 
                                                                      property in a fully taxable transaction immediately before the 

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Unrecaptured Section 1250 Gain Worksheet—Line 18b                                                                                            Keep for Your Records
    If the estate or trust isn't reporting a gain on Form 4797, line 7, skip lines 1 through 9 and go to line 10.
1. If the estate or trust has a section 1250 property in Part III of Form 4797 for which you made an entry in 
    Part I of Form 4797 (but not on Form 6252), enter the smaller of line 22 or line 24 of Form 4797 for that 
    property. If the estate or trust didn't have any such property, go to line 4. If it had more than one such 
    property, see instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                1.   

2. Enter the amount from Form 4797, line 26g, for the property for which you made an entry on 
    line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  2.   

3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                3.   

4. Enter the total unrecaptured section 1250 gain included on line 26 or line 37 of Form(s) 6252 from 
    installment sales of trade or business property held more than 1 year (see instructions) . . . . . . . . . . . .                                                        4.   

5. Enter the total of any amounts reported to the estate or trust on a Schedule K-1 from a partnership or 
    an S corporation as “unrecaptured section 1250 gain” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                    5.   

6. Add lines 3 through 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              6.   

7. Enter the smaller of line 6 or the gain from Form 4797, line 7 . . . . . . . . . . . . . . . .                                     7.   

8. Enter the amount, if any, from Form 4797, line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . .                             8.   

9. Subtract line 8 from line 7. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                            9.   

10. Enter the amount of any gain from the sale or exchange of an interest in a partnership attributable to 
    unrecaptured section 1250 gain (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                 10.  

11. Enter the total of any amounts reported to the estate or trust on a Schedule K-1, Form 1099-DIV, or 
    Form 2439 as “unrecaptured section 1250 gain” from an estate, trust, real estate investment trust, or 
    mutual fund (or other regulated investment company) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                     11.  

12. Enter the total of any unrecaptured section 1250 gain from sales (including installment sales) or other 
    dispositions of section 1250 property held more than 1 year for which you didn't make an entry in Part I 
    of Form 4797 for the year of sale (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                12.  

13. Add lines 9 through 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              13.  

14. If the estate or trust had any section 1202 gain or collectibles gain or (loss), enter 
    the total of lines 1 through 4 of the 28% Rate Gain Worksheet. Otherwise, 
    enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.                                   

15. Enter the (loss), if any, from Schedule D, line 7. If Schedule D, line 7, is zero or a 
    gain, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     15.  (                               )

16. Enter the estate's or trust's long-term capital loss carryovers from Schedule D, 
    line 15, and from Schedule K-1 (Form 1041), box 11, code D, from another 
    estate or trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     16.  (                               )

17. Combine lines 14 through 16. If the result is a (loss), enter it as a positive amount. If the result is zero or 
    a gain, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         17.  

18. Unrecaptured section 1250 gain. Subtract line 17 from line 13. If zero or less, enter -0-. Enter the 
    result here and in the appropriate columns of Schedule D, line 18b . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                            18.  

estate or trust sold or exchanged its interest in that             Installment sales.                                                     To figure the amount to include on 
partnership. If the estate or trust recognized less than all of    line 12, follow the steps below for each installment sale of 
the realized gain, the partnership will be treated as having       property held more than 1 year for which you didn't make an 
transferred only a proportionate amount of each section 1250       entry in Part I of Form 4797 for the year of sale.
property.                                                          Step 1.    Figure the smaller of (a) the depreciation allowed 
Line 12. An example of an amount reported on line 12 as an         or allowable, or (b) the total gain for the sale. This is the 
“other disposition” includes unrecaptured section 1250 gain        smaller of line 22 or line 24 of the 2022 Form 4797 (or 
from the sale of a vacation home previously used as a rental       comparable lines of Form 4797 for the year of sale) for that 
property that was converted to personal use before the sale.       property.
To figure the amount to enter on line 12, follow the applicable    Step 2.    Reduce the amount figured in step 1 by any 
instructions below.                                                section 1250 ordinary income recapture for the sale. This is 
                                                                   the amount from line 26g of the 2022 Form 4797 (or the 

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28% Rate Gain Worksheet—Line 18c                                                                Keep for Your Records
1. Enter the total of all collectibles gain or (loss) from items reported on Form 8949, Part II . . . . . . . . . . . . . . . .                      1.      
2. Enter as a positive number the total of:
   Any section 1202 exclusion you reported in column (g) of Form 8949, Part II, with code “Q” in 
     column (f), for which you excluded 50% of the gain;
   2/  of any section 1202 exclusion you reported in column (g) of Form 8949, Part II, with code 3
                                                                                                              . . . . . 2.                                   
     “Q” in column (f), for which you excluded 60% of the gain; and
   1/  of any section 1202 exclusion you reported in column (g) of Form 8949, Part II, with code 3
     “Q” in column (f), for which you excluded 75% of the gain.
   Don't make an entry for any section 1202 exclusion that is 100% of the gain.
3. Enter the total of all collectibles gain or (loss) from Form 4684, line 4 (but only if Form 4684, line 15, is more 
   than zero); Form 6252; Form 6781, Part II; and Form 8824 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          3.      
4. Enter the total of any collectibles gain reported to the estate or trust on: 
   Form 1099-DIV, box 2d;                                                                                                                                  
                                                                                                              . . . . . 4.
   Form 2439, box 1d; and
   Schedule K-1 from a partnership, S corporation, estate, or trust.
5. Enter the estate's or trust's long-term capital loss carryovers from Schedule D, line 15, and from box 11, 
   code D of Schedule K-1 (Form 1041) from another estate or trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             5. (   )
6. If Schedule D, line 7 is a (loss), enter that (loss) here. Otherwise, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . .             6. (   )
7. Combine lines 1 through 6. If zero or less, enter -0-. If more than zero, also enter this amount in the 
   appropriate columns of Schedule D, line 18c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.      

comparable line of Form 4797 for the year of sale) for that    Complete the 28% Rate Gain Worksheet, above, if lines 18a 
property. The result is the total unrecaptured section 1250    and 19 of column (3) are both greater than zero and at least 
gain that must be allocated to the installment payments        one of the following applies.
received from the sale.                                             The estate or trust reported in Part II of Form 8949 a 
Step 3. Generally, the amount of capital gain on each                 section 1202 exclusion from the eligible gain on qualified 
installment payment is treated as unrecaptured section 1250           small business stock (as discussed earlier), or
gain until the total unrecaptured section 1250 gain figured in      The estate or trust reported in Part II of Form 8949 a 
step 2 has been used in full. Figure the amount of gain               collectibles gain or loss.
treated as unrecaptured section 1250 gain for installment 
                                                                    A collectibles gain or loss is any long-term gain or 
payments received during the tax year as the smaller of (a) 
                                                               deductible long-term loss from the sale or exchange of a 
the amount from line 26 or line 37 of the 2022 Form 6252, 
                                                               collectible that is a capital asset.
whichever applies; or (b) the amount of unrecaptured section 
1250 gain remaining to be reported. This amount is generally        Collectibles include works of art, rugs, antiques, metals 
the total unrecaptured section 1250 gain for the sale reduced  (such as gold, silver, and platinum bullion), gems, stamps, 
by all gain reported in prior years (excluding section 1250    coins, alcoholic beverages, and certain other tangible 
ordinary income recapture). However, if you chose not to       property.
treat all of the gain from payments received after May 6, 
1997, and before August 24, 1999, as unrecaptured section           Also include gain (but not loss) from the sale or exchange 
1250 gain, use only the amount you chose to treat as           of an interest in a partnership, S corporation, or trust held for 
unrecaptured section 1250 gain for those payments to           more than 1 year that is attributable to the unrealized 
reduce the total unrecaptured section 1250 gain remaining to   appreciation of collectibles. For details, see Regulations 
be reported for the sale. Include this amount on line 12.      section 1.1(h)-1. Attach the statement required under 
                                                               Regulations section 1.1(h)-1(e) to Schedule D.
Other sales or dispositions of section 1250 property. 
For each sale of property held more than 1 year (for which an  Line 19
entry wasn't made in Part I of Form 4797), figure the smaller 
of (a) the depreciation allowed or allowable, or (b) the total                  Trusts filing Schedule D (Form 1041) with Form 
gain for the sale. This amount is the smaller of line 22 or         !           990-T, Exempt Organization Business Income Tax 
line 24 of Form 4797 for that property. Then, reduce that      CAUTION          Return (and proxy tax under section 6033(e)), that 
amount by any section 1250 ordinary income recapture for       have more than one unrelated trade or business must 
the sale. This is the amount from line 26g of Form 4797 for    compute unrelated business taxable income separately for 
that property. The result is the total unrecaptured section    each trade or business. The separate amount from each 
1250 gain for the sale. Include this amount on line 12.        unrelated trade or business must be reported on line 4a of 
                                                               Part I of the Schedule A (Form 990-T), Unrelated Business 
Line 18c—28% Rate Gain                                         Taxable Income From an Unrelated Trade or Business, 
                                                               completed for the specific trade or business.

                                                               -10-             2022 Instructions for Schedule D (Form 1041)



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Capital Loss Carryover Worksheet                                                                                                                 Keep for Your Records
Use this worksheet to figure the estate's or trust's capital loss carryovers from 2022 to 2023 if Schedule D, line 20, is a loss and 
(a) the loss on Schedule D, line 19, col. (3), is more than $3,000; or (b) Form 1041, page 1, line 23, is a loss.

1.  Enter taxable income or (loss) from Form 1041, line 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                 1.   
2.  Enter the loss from line 20 of Schedule D as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                     2.   
3.  Enter amount from Form 1041, line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                       3.   
4.  Adjusted taxable income. Combine lines 1, 2, and 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . .                                             4.   
5.  Enter the smaller of line 2 or line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                5.   
    Note: If line 7 of Schedule D is a loss, go to line 6; otherwise, enter -0- on line 6 and go to 
    line 10.
6.  Enter loss from Schedule D, line 7, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                 6.   
7.  Enter gain, if any, from Schedule D, line 16. If that line is blank or shows a loss, 
     enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  7.   
8.  Add lines 5 and 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        8.   
9. Short-term capital loss carryover to 2023. Subtract line 8 from line 6. If zero or less, enter -0-. If this 
    is the final return of the estate or trust, also enter on Schedule K-1 (Form 1041), box 11, using 
    code C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.   
    Note: If line 16 of Schedule D is a loss, go to line 10; otherwise, skip lines 10 through 14.
10. Enter loss from Schedule D, line 16, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                  10.  
11. Enter gain, if any, from Schedule D, line 7. If that line is blank or shows a loss, 
    enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.  
12. Subtract line 6 from line 5. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . .                         12.  
13. Add lines 11 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          13.  
14. Long-term capital loss carryover to 2023. Subtract line 13 from line 10. If zero or less, enter -0-. If 
    this is the final return of the estate or trust, also enter on Schedule K-1 (Form 1041), box 11, using 
    code D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.  

Part IV—Capital Loss Limitation                                      691(c) deduction was claimed, you must reduce the amount 
If the sum of all capital losses is more than the sum of all         on Form 1041, page 1, line 2b(2), or Schedule D, line 22 
capital gains, the capital losses are allowed as a deduction,        (line 7 of the Schedule D Tax Worksheet, if applicable), by 
but only to the extent of the smaller of the net loss or $3,000.     the portion of the section 691(c) deduction claimed on Form 
                                                                     1041, page 1, line 19, that is attributable to the estate's or 
For any year (including the final year) in which capital             trust's portion of qualified dividends or capital gains.
losses exceed capital gains, the estate or trust may have a 
capital loss carryover. Use the Capital Loss Carryover 
Worksheet, above, to figure any capital loss carryover. A            Line 45
capital loss carryover may be carried forward indefinitely. 
                                                                     If the tax using the maximum capital gains rates is less than 
Capital losses keep their character as either short-term or 
                                                                     the regular tax, enter the amount from line 45 on line 1a of 
long-term when carried over to the following year.
                                                                     Form 1041, Schedule G, Part I.
Line 20
                                                                     Schedule D Tax Worksheet
        Trusts filing Schedule D (Form 1041) with Form 
!       990-T that have more than one unrelated trade or             If you completed the Schedule D Tax Worksheet next instead 
CAUTION business must compute unrelated business taxable 
                                                                     of Part V of Schedule D, be sure to enter the amount from 
income separately for each trade or business. The separate           line 44 of the worksheet on line 1a of Form 1041, 
amount from each unrelated trade or business must be                 Schedule G, Part I.
reported on line 4c of Part I of the Schedule A (Form 990-T) 
completed for the specific trade or business.

Part V—Tax Computation Using Maximum 
Capital Gains Rates
Line 26

If the estate or trust received qualified dividends or capital 
gains as income in respect of a decedent and a section 

2022 Instructions for Schedule D (Form 1041)                     -11-



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Schedule D Tax Worksheet                                                                                                                    Keep for Your Records
Complete this worksheet only if:
On Schedule D, line 18b, column (2), or line 18c, column (2), is more than zero, or 
Both line 2b(1) of Form 1041 and line 4g of Form 4952, Investment Interest Expense Deduction, are more than zero, or
There are amounts on lines 4e and 4g of Form 4952.
Exception: Don't use this worksheet to figure the estate's or trust's tax if line 18a, column (2), or line 19, column (2), of Schedule D or Form 
1041, line 23, is zero or less; instead, see the Instructions for Form 1041, Schedule G, Part I, line 1a. 
  1. Enter the estate's or trust's taxable income from Form 1041, line 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                     1.  
  2. Enter qualified dividends, if any, from Form 1041, line 2b(2) . . . . . . . .                        2.  
  3. Enter the amount from Form 4952, line 4g . . . . . . . . . . 3.  
  4. Enter the amount from Form 4952, line 4e* . . . . . . . . .  4.  
  5. Subtract line 4 from line 3. If zero or less, enter -0- . . . . . . . . . . . . . . .                5.  
  6. Subtract line 5 from line 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              6.  
  7. Enter the smaller of line 18a, col. (2), or line 19, col. (2), from 
     Sch. D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.  
  8. Enter the smaller of line 3 or line 4 . . . . . . . . . . . . . . . . . . . . . . . . . .            8.  
  9. Subtract line 8 from line 7. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              9.  
10. Add lines 6 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 
11. Add lines 18b, column (2), and 18c, column (2), from Schedule D . . . . . . . . . . . . . . . . .                               11.  
12. Enter the smaller of line 9 or line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        12. 
13. Subtract line 12 from line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   13.  
14. Subtract line 13 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          14.  
15. Enter the smaller of line 1 or $2,800 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             15.  
16. Enter the smaller of line 14 or line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             16.  
17a. Subtract line 10 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . .                 17a.  
17b. Enter the smaller of line 1 or $9,850 . . . . . . . . . . . . . . . . . . . . . . . . .              17b.  
17c. Enter the smaller of line 14 or line 17b . . . . . . . . . . . . . . . . . . . . . . . .             17c.  
18. Enter the larger of line 17a or line 17c  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             18. 
19. Subtract line 16 from line 15. This amount is taxed at 0% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                       19. 
     If lines 1 and 15 are the same, skip lines 20 through 40 and go to line 41. Otherwise, go to line 20.
20. Enter the smaller of line 1 or line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      20.  
21. Enter the amount from line 19 (if line 19 is blank, enter -0-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              21.  
22. Subtract line 21 from line 20. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 22. 
23. Enter the smaller of line 1 or $13,700 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              23.  
24. Add lines 18 and 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         24.  
25. Subtract line 24 from line 23. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . .                 25.  
26. Enter the smaller of line 22 or line 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             26. 
27. Multiply line 26 by 15% (0.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    27.  
28. Reserved    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.  
29. Add lines 19 and 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       29.  
     If lines 1 and 29 are the same, skip lines 30 through 40 and go to line 41. Otherwise, go to line 30.
30. Subtract line 29 from line 20. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 30. 
31. Multiply line 30 by 20% (0.20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    31.  
32. Enter the smaller of line 9 (above) or line 18b, col. (2) (from Schedule D) . . . . . . . . . . . .                             32.  
33. Add lines 10 and 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         33.  
34. Enter the amount from line 1 above . . . . . . . . . . . . . . . . . . . . . . . . . .                34.  
35. Subtract line 34 from line 33. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . .                 35.  
36. Subtract line 35 from line 32. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 36. 
37. Multiply line 36 by 25% (0.25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    37.  
     If Schedule D, line 18c, column (2), is zero or blank, skip lines 38 through 40 and go to line 41. Otherwise, 
     go to line 38.
38. Add lines 18, 19, 26, 30, and 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        38. 
39. Subtract line 38 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    39. 
40. Multiply line 39 by 28% (0.28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    40.  
41. Figure the tax on the amount on line 18. Use the 2022 Tax Rate Schedule in the Instructions for Form 1041 . . . . . . . . . .                                           41.  
42. Add lines 27, 31, 37, 40, and 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      42.  
43. Figure the tax on the amount on line 1. Use the 2022 Tax Rate Schedule in the Instructions for Form 1041                                            . . . . . . . . . . 43.  
44. Tax on all taxable income (including capital gains and qualified dividends). Enter the smaller of line 42 or line 43 
     here and on Form 1041, Schedule G, Part I, line 1a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .               44.  
*If applicable, enter instead the smaller amount entered on the dotted line next to line 4e of Form 4952.

                                                                         -12-                                   2022 Instructions for Schedule D (Form 1041)






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