Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … 1041-sch-d/2022/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 12 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 |
Page 2 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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)). -2- 2022 Instructions for Schedule D (Form 1041) |
Page 3 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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- |
Page 4 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 -4- 2022 Instructions for Schedule D (Form 1041) |
Page 5 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 2022 Instructions for Schedule D (Form 1041) -5- |
Page 6 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 -6- 2022 Instructions for Schedule D (Form 1041) |
Page 7 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 2022 Instructions for Schedule D (Form 1041) -7- |
Page 8 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 -8- 2022 Instructions for Schedule D (Form 1041) |
Page 9 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 2022 Instructions for Schedule D (Form 1041) -9- |
Page 10 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |
Page 11 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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- |
Page 12 of 12 Fileid: … 1041-sch-d/2022/a/xml/cycle05/source 13:07 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |