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           Department of the Treasury                    Contents
           Internal Revenue Service
                                                         Future Developments . . . . . . . . . . . . . . . . . . . . . . .          1
                                                         Reminders    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Publication 550
Cat. No. 15093R                                          Introduction  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  2
                                                         Chapter  1.  Investment Income              . . . . . . . . . . . . . . .  2
                                                         General Information           . . . . . . . . . . . . . . . . . . . . . .  3
Investment                                               Interest Income       . . . . . . . . . . . . . . . . . . . . . . . . . .  6
                                                         Discount on Debt Instruments                . . . . . . . . . . . . . .    18
                                                         When To Report Interest Income                  . . . . . . . . . . . .    23
Income and
                                                         How To Report Interest Income                 . . . . . . . . . . . . .    24
                                                         Dividends and Other Distributions                 . . . . . . . . . . .    27
Expenses                                                 How To Report Dividend Income                   . . . . . . . . . . . .    33
                                                         Stripped Preferred Stock . . . . . . . . . . . . . . . . . .               35
(Including Capital                                       REMICs, FASITs, and Other CDOs                    . . . . . . . . . . .    36
                                                         S Corporations . . . . . . . . . . . . . . . . . . . . . . . . .           38
Gains and Losses)                                        Investment Clubs          . . . . . . . . . . . . . . . . . . . . . . .    38
                                                         Chapter  2.  Tax Shelters and Other Reportable 
For use in preparing
                                                         Transactions . . . . . . . . . . . . . . . . . . . . . . . . . .           39
                                                         Abusive Tax Shelters          . . . . . . . . . . . . . . . . . . . . .    40
2023 Returns
                                                         Chapter  3.  Investment Expenses                . . . . . . . . . . . .    44
                                                         Limits on Deductions            . . . . . . . . . . . . . . . . . . . .    45
                                                         Interest Expenses . . . . . . . . . . . . . . . . . . . . . . .            45
                                                         Bond Premium Amortization                 . . . . . . . . . . . . . . .    49
                                                         Nondeductible Interest Expenses                 . . . . . . . . . . . .    50
                                                         How To Report Investment Interest Expenses . . .                           51
                                                         When To Report Investment Expenses . . . . . . . .                         52
                                                         Chapter  4.  Sales and Trades of 
                                                         Investment Property . . . . . . . . . . . . . . . . . . . .                52
                                                         What Is a Sale or Trade? . . . . . . . . . . . . . . . . . .               53
                                                         Basis of Investment Property . . . . . . . . . . . . . . .                 58
                                                         How To Figure Gain or Loss . . . . . . . . . . . . . . . .                 65
                                                         Nontaxable Trades           . . . . . . . . . . . . . . . . . . . . . .    67
                                                         Transfers Between Spouses                 . . . . . . . . . . . . . . .    71
                                                         Related Party Transactions              . . . . . . . . . . . . . . . .    71
                                                         Capital Gains and Losses                . . . . . . . . . . . . . . . . .  73
                                                         Reporting Capital Gains and Losses                    . . . . . . . . .    97
                                                         Special Rules for Traders in Securities or 
                                                               Commodities       . . . . . . . . . . . . . . . . . . . . . . .     102
                                                         Chapter  5.  How To Get Tax Help              . . . . . . . . . . . .     103
                                                         Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   111

                                                         Future Developments
                                                         For  the  latest  information  about  developments  related  to 
                                                         Pub.  550,  such  as  legislation  enacted  after  it  was 
                                                         published, go to IRS.gov/Pub550.

Get forms and other information faster and easier at:
IRS.gov (English)    IRS.gov/Korean (한국어) 
IRS.gov/Spanish (Español)  • IRS.gov/Russian (Pусский) 
IRS.gov/Chinese (中文) IRS.gov/Vietnamese (Tiếng Việt) 

Mar 8, 2024



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                                                                  Pub. 575, Pension and Annuity Income.
Reminders                                                         Pub. 590-A, Contributions to Individual Retirement Ar-
                                                                    rangements (IRAs).
Foreign source income.   If you are a U.S. citizen with in-
vestment income from sources outside the United States            Pub. 590-B, Distributions from Individual Retirement 
(foreign income), you must report that income on your tax           Arrangements (IRAs).
return unless it is exempt by U.S. law. This is true whether      Pub. 721, Tax Guide to U.S. Civil Service Retirement 
you  reside  inside  or  outside  the  United  States  and          Benefits.
whether or not you receive a Form 1099 from the foreign 
payer.                                                            Comments  and  suggestions. We  welcome  your  com-
Employee  stock  options. If  you  received  an  option  to       ments  about  this  publication  and  suggestions  for  future 
buy  or  sell  stock  or  other  property  as  payment  for  your editions.
services, see Pub. 525, Taxable and Nontaxable Income,            You  can  send  us  comments  through                  IRS.gov/
for the special tax rules that apply.                             FormComments. Or, you can write to the Internal Revenue 
                                                                  Service,  Tax  Forms  and  Publications,  1111  Constitution 
Disaster  relief. Relief  is  available  for  those  affected  by Ave. NW, IR-6526, Washington, DC 20224.
some disasters. See IRS.gov/DisasterTaxRelief.                    Although  we  can’t  respond  individually  to  each  com-
Photographs  of  missing  children.   The  Internal  Reve-        ment  received,  we  do  appreciate  your  feedback  and  will 
nue Service is a proud partner with the National Center for       consider  your  comments  and  suggestions  as  we  revise 
Missing & Exploited Children® (NCMEC). Photographs of             our tax forms, instructions, and publications. Don’t   send 
missing  children  selected  by  the  Center  may  appear  in     tax questions, tax returns, or payments to the above ad-
this publication on pages that would otherwise be blank.          dress.
You can help bring these children home by looking at the 
                                                                  Getting answers to your tax questions.         If you have 
photographs  and  calling  800-THE-LOST  (800-843-5678) 
                                                                  a tax question not answered by this publication or the How 
if you recognize a child.
                                                                  To Get Tax Help section at the end of this publication, go 
                                                                  to  the  IRS  Interactive  Tax  Assistant  page  at    IRS.gov/
                                                                  Help/ITA  where  you  can  find  topics  by  using  the  search 
Introduction                                                      feature or viewing the categories listed.
This publication provides information on the tax treatment        Getting  tax  forms,  instructions,  and  publications. 
of investment income and expenses. It includes informa-           Go to IRS.gov/Forms to download current and prior-year 
tion on the tax treatment of investment income and expen-         forms, instructions, and publications.
ses  for  individual  shareholders  of  mutual  funds  or  other  Ordering tax forms, instructions, and publications. 
regulated investment companies, such as money market              Go to IRS.gov/OrderForms to order current forms, instruc-
funds. It explains what investment income is taxable and          tions,  and  publications;  call  800-829-3676  to  order 
what  investment  expenses  are  deductible.  It  explains        prior-year  forms  and  instructions.  The  IRS  will  process 
when and how to show these items on your tax return. It           your order for forms and publications as soon as possible. 
also explains how to determine and report gains and los-          Don’t resubmit requests you’ve already sent us. You can 
ses on the disposition of investment property and provides        get forms and publications faster online.
information on property trades and tax shelters.
       The glossary  at the end of this publication defines 
TIP    many of the terms used.

Investment  income.      This  generally  includes  interest,     1.
dividends,  capital  gains,  and  other  types  of  distributions 
including mutual fund distributions.
                                                                  Investment Income
Investment expenses.     These include interest paid or in-
curred  to  acquire  investment  property  and  expenses  to 
manage or collect income from investment property.                Topics
                                                                  This chapter discusses:
Qualified retirement plans and IRAs.    The rules in this 
publication do not apply to investments held in individual        Interest Income,
retirement arrangements (IRAs), section 401(k) plans, and 
                                                                  Discount on Debt Instruments,
other qualified retirement plans. The tax rules that apply to 
retirement plan distributions are explained in the following      When To Report Interest Income,
publications.                                                     How To Report Interest Income,
Pub. 560, Retirement Plans for Small Business.                  Dividends and Other Distributions,
Pub. 571, Tax-Sheltered Annuity Plans.

2                                                                                               Publication 550 (2023)



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How To Report Dividend Income,
Stripped Preferred Stock,                                                                           General Information
Real estate mortgage investment conduits (REMICs), 
  financial asset securitization investment trusts                                                    A few items of general interest are covered here.
  (FASITs), and other collateralized debt obligations                                                         Recordkeeping.  You  should  keep  a  list  of  the 
  (CDOs),                                                                                                     sources and investment income amounts you re-
S Corporations, and                                                                                 RECORDS ceive during the year. Also, keep the forms you re-
                                                                                                      ceive showing your investment income (Forms 1099-INT, 
Investment Clubs.                                                                                   Interest  Income,  and  1099-DIV,  Dividends  and  Distribu-
                                                                                                      tions, for example) as an important part of your records.
Useful Items
You may want to see:                                                                                  Net investment income tax (NIIT).       You may be subject 
                                                                                                      to the NIIT. The NIIT is a 3.8% tax on the lesser of your net 
Publication                                                                                           investment income or the amount of your modified adjus-
    525 525 Taxable and Nontaxable Income                                                             ted gross income (MAGI) that is over a threshold amount 
                                                                                                      based on your filing status.
    537 537 Installment Sales
    590-B        590-B Distributions from Individual Retirement                                               Filing Status               Threshold Amount
        Arrangements (IRAs)                                                                           Married filing jointly                      $250,000
    925 925 Passive Activity and At-Risk Rules                                                        Married filing separately                   $125,000
    1212    1212 Guide to Original Issue Discount (OID)                                               Single                                      $200,000
        Instruments                                                                                   Head of household (with qualifying          $200,000
                                                                                                      person)
Form (and Instructions)
                                                                                                      Qualifying surviving spouse with            $250,000
    Schedule B (Form 1040)     Schedule B (Form 1040) Interest and Ordinary                           dependent child
        Dividends
                                                                                                      For more information, see Form 8960, Net Investment 
    Schedule D (Form 1040)                            Schedule D (Form 1040) Capital Gains and Losses Income Tax—Individuals, Estates, and Trusts, and the In-
    1040    1040 U.S. Individual Income Tax Return                                                    structions for Form 8960.

    1040-SR            1040-SR U.S. Income Tax Return for Seniors                                     Tax  on  unearned  income  of  certain  children.   Gener-
                                                                                                      ally, a child must file Form 8615 if the child:
    1099    1099 General Instructions for Certain Information 
        Returns                                                                                       1. has more than $2,500 of unearned income;
    2439    2439 Notice to Shareholder of Undistributed                                               2. is required to file a tax return;
        Long-Term Capital Gains
                                                                                                      3. meets certain age/earned-income/self-support 
    3115    3115 Application for Change in Accounting Method                                          threshold;
    6251    6251 Alternative Minimum Tax — Individuals                                                4. has at least one parent alive at the end of the year; 
    8582    8582 Passive Activity Loss Limitations                                                    and
    8615    8615 Tax for Certain Children Who Have Unearned                                           5. doesn’t file a joint return for the year.
        Income                                                                                        See Form 8615 and its instructions for details.
    8814    8814 Parents' Election To Report Child's Interest and                                     However, the parent can choose to include the child's 
        Dividends                                                                                     interest and dividends on the parent's return if certain re-
                                                                                                      quirements are met. Use Form 8814, Parents’ Election To 
    8815    8815 Exclusion of Interest From Series EE and I U.S.                                      Report Child’s Interest and Dividends, for this purpose.
        Savings Bonds Issued After 1989                                                               For  more  information  about  the  tax  on  unearned  in-
    8818    8818 Optional Form To Record Redemption of                                                come of children and the parents' election, see Pub. 929, 
        Series EE and I U.S. Savings Bonds Issued                                                     Tax Rules for Children and Dependents.
        After 1989
                                                                                                      Beneficiary  of  an  estate  or  trust. Interest,  dividends, 
    8824    8824 Like-Kind Exchanges                                                                  and other investment income you receive as a beneficiary 
                                                                                                      of  an  estate  or  trust  generally  is  taxable  income.  You 
    8949    8949 Sales and Other Dispositions of Capital Assets
                                                                                                      should receive a Schedule K-1 (Form 1041), Beneficiary's 
    8960    8960 Net Investment Income Tax—Individuals,                                               Share of Income, Deductions, Credits, etc., from the fidu-
        Estates, and Trusts                                                                           ciary. Your copy of Schedule K-1 (Form 1041) and its in-
                                                                                                      structions will tell you where to report the income on your 
See chapter 5, How To Get Tax Help, for information about 
                                                                                                      Form 1040 or 1040-SR.
getting these publications and forms.

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Taxpayer  Identification  Number  (TIN).   You  must  give         subject to backup withholding to ensure that income tax is 
your  name  and  TIN  (either  a  social  security  number         collected on the income. The bank, broker, or other payer 
(SSN), an employer identification number (EIN), or an in-          of interest, original issue discount (OID), dividends, cash 
dividual tax identification number (ITIN)) to any person re-       patronage  dividends,  or  royalties  must  withhold  income 
quired by federal tax law to make a return, statement, or          tax on these reportable payments at a rate of 24% under 
other document that relates to you. This includes payers           backup withholding.
of interest and dividends. If you do not give your TIN to the      Backup withholding applies if:
payer, you may have to pay a penalty. In addition, if you do 
                                                                   1. You do not give the payer your TIN in the required 
not provide a certified TIN on Form W-9, Request for Tax-
                                                                     manner;
payer  Identification  Number  and  Certification,  the  payer 
must backup withhold on your interest payments at a rate           2. The IRS notifies the payer that you gave an incorrect 
of 24%. Use Form W-9 to provide the necessary informa-               TIN;
tion. See Form W-9 and its instructions.
                                                                   3. The IRS notifies the payer that you are subject to 
  TIN for joint account.    Generally, if the funds in a joint       backup withholding on interest or dividends because 
account belong to one person, list that person's name first          you underreported interest or dividends on your in-
on  the  account  and  give  that  person's  TIN  to  the  payer.    come tax return; or
(For information on who owns the funds in a joint account, 
                                                                   4. You are required, but fail, to certify that you are not 
see Joint  accounts,  later.)  If  the  joint  account  contains 
                                                                     subject to backup withholding for the reason descri-
combined funds, give the TIN of the person whose name 
                                                                     bed in (3).
is  listed  first  on  the  account.  This  is  because  only  one 
name and TIN can be shown on Form 1099.                            Certification. For new accounts paying interest or div-
  These rules apply both to joint ownership by a married           idends,  you  must  certify  under  penalties  of  perjury  that 
couple and to joint ownership by other individuals. For ex-        your TIN is correct and that you are not subject to backup 
ample, if you open a joint savings account with your child         withholding. Your payer will give you a Form W-9, Request 
using  funds  belonging  to  the  child,  list  the  child's  name for  Taxpayer  Identification  Number  and  Certification,  or 
first on the account and give the child's TIN.                     similar form, to make this certification. If you fail to make 
  Form W-9 and its instructions provide: If this Form W-9          this  certification,  backup  withholding  may  begin  immedi-
is for a joint account (other than an account maintained by        ately on your new account or investment.
a foreign financial institution (FFI)), list first, and then cir-
cle, the name of the person or entity whose number you             Underreported  interest  and  dividends. You  will  be 
entered in Part I of Form W-9. If you are providing Form           considered to have underreported your interest and divi-
W-9 to an FFI to document a joint account, each holder of          dends if the IRS has determined for a tax year that:
the  account  that  is  a  U.S.  person  must  provide  a  Form    You failed to include any part of a reportable interest or 
W-9. See Form W-9 and its instructions.                              dividend payment required to be shown on your re-
                                                                     turn, or
  Custodian account for your child.     If your child is the 
actual owner of an account that is recorded in your name           You were required to file a return and to include a re-
as custodian for the child, give the child's TIN to the payer.       portable interest or dividend payment on that return, 
For example, you must give your child's SSN to the payer             but you failed to file the return.
of  dividends  on  stock  owned  by  your  child,  even  though 
                                                                   How  to  stop  backup  withholding  due  to  underre-
the dividends are paid to you as custodian.
                                                                   porting. If you have been notified that you underreported 
  Penalty for failure to supply TIN.    You may be sub-            interest  or  dividends,  you  can  request  a  determination 
ject to a penalty if, when required, you fail to:                  from the IRS to prevent backup withholding from starting 
                                                                   or to stop backup withholding once it has begun. You must 
Include your TIN on any return, statement, or other 
                                                                   show that at least one of the following situations applies.
  document;
Give your TIN to another person who must include it              No underreporting occurred.
  on any return, statement, or other document; or                  You have a bona fide dispute with the IRS about 
                                                                     whether underreporting occurred.
Include the TIN of another person on any return, state-
  ment, or other document.                                         Backup withholding will cause or is causing an undue 
The penalty is $50 for each failure up to a maximum pen-             hardship, and it is unlikely that you will underreport in-
alty of $100,000 for any calendar year.                              terest and dividends in the future.
  This penalty may be abated if you can show that your             You have corrected the underreporting by filing a re-
failure  to  provide  the  TIN  was  due  to  reasonable  cause      turn if you did not previously file one and by paying all 
and not to willful neglect.                                          taxes, penalties, and interest due for any underrepor-
  If you fail to supply a TIN in the manner required, you            ted interest or dividend payments.
also may be subject to backup withholding.                         If  the  IRS  determines  that  backup  withholding  should 
Backup withholding. Your investment income generally               stop, it will provide you with a certification and will notify 
is not subject to regular withholding. However, it may be          the payers who were sent notices earlier.

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How to stop backup withholding due to an incor-                     Community property states.   If you are married and re-
rect TIN. If the IRS notifies a payer that your TIN is incor-       ceive a distribution that is community income, half of the 
rect, the payer must contact you and ask you to provide             distribution generally is considered to be received by each 
your correct TIN. Follow the instructions provided by the           spouse. If you file separate returns, you must each report 
payer to prevent or stop backup withholding.                        one-half of any taxable distribution. See Pub. 555, Com-
                                                                    munity  Property,  for  more  information  on  community  in-
Reporting  backup  withholding. If  backup  withhold-
                                                                    come.
ing is deducted from your interest or dividend income or 
                                                                    If the distribution is not considered community property 
other  reportable  payment,  the  bank  or  other  business 
                                                                    and  you  and  your  spouse  file  separate  returns,  each  of 
must give you an information return for the year (for exam-
                                                                    you must report your separate taxable distributions.
ple, a Form 1099-INT) indicating the amount withheld. The 
information  return  will  show  any  backup  withholding  as       Example. You  and  your  spouse  have  a  joint  money 
“Federal income tax withheld.”                                      market account. Under state law, half the income from the 
Nonresident  aliens.   Generally,  payments  made  to               account belongs to you, and half belongs to your spouse. 
nonresident aliens are not subject to backup withholding.           If  you  file  separate  returns,  you  each  report  half  the  in-
You can use Form W-8BEN, Certificate of Foreign Status              come.
of Beneficial Owner for United States Tax Withholding and 
                                                                    Income  from  property  given  to  a  child. Property  you 
Reporting (Individuals), to certify exempt status. However, 
                                                                    give as a parent to your child under the Model Gifts of Se-
this does not exempt you from the 30% (or lower treaty) 
                                                                    curities to Minors Act, the Uniform Gifts to Minors Act, or 
withholding  rate  that  may  apply  to  your  investment  in-
                                                                    any similar law becomes the child's property.
come. For information on the 30% rate, see Pub. 519, U.S. 
                                                                    Income from the property is taxable to the child, except 
Tax Guide for Aliens.
                                                                    that any part used to satisfy a legal obligation to support 
Penalties.    There  are  civil  and  criminal  penalties  for      the child is taxable to the parent or guardian having that 
giving false information to avoid backup withholding. The           legal obligation.
civil  penalty  is  $500.  The  criminal  penalty,  upon  convic-
                                                                    Savings account with parent as trustee.      Interest in-
tion, is a fine of up to $1,000, or imprisonment of up to 1 
                                                                    come  from  a  savings  account  opened  for  a  minor  child, 
year, or both.
                                                                    but placed in the name and subject to the order of the pa-
Where  to  report  investment  income. Table  1-1  gives            rents as trustees, is taxable to the child if, under the law of 
an overview of the forms and schedules to use to report             the state in which the child resides, both of the following 
some  common  types  of  investment  income.  But  see  the         are true.
rest  of  this  publication  for  detailed  information  about  re- The savings account legally belongs to the child.
porting investment income.
                                                                    The parents are not legally permitted to use any of the 
Joint  accounts. If  two  or  more  persons  hold  property           funds to support the child.
(such as a savings account, bond, or stock) as joint ten-
ants, tenants by the entirety, or tenants in common, each 
person's share of any interest or dividends from the prop-
erty is determined by local law.

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Table 1-1. Where To Report Common Types of Investment Income 
           (For detailed information about reporting investment income, see the rest of this publication, especially How 
           To Report Interest Income and How To Report Dividend Income in chapter 1.)

Type of Income                                               If you file Form 1040 or 1040-SR, report on ...
Tax-exempt interest                                          Line 2a (See the instructions there.)
Taxable interest                                             Line 2b (See the instructions there.)
Savings bond interest you will exclude because of higher     Schedule B; also use Form 8815
education expenses
Qualified dividends                                          Line 3a (See the instructions there.)
Ordinary dividends                                           Line 3b (See the instructions there.)
Capital gain distributions                                   Line 7, or, if required, Schedule D, line 13. (See the instructions 
                                                             of Form 1040 or 1040-SR.)
Section 1250, 1202, or collectibles gain (Form 1099-DIV, box 2b,  Form 8949 and Schedule D
2c, or 2d)
Nondividend distributions (Form 1099-DIV, box 3)             Generally not reported
Undistributed capital gains (Form 2439, boxes 1a–1d)         Schedule D
Gain or loss from sales of stocks or bonds                   Line 7; also use Form 8949, Schedule D, and the Qualified 
                                                             Dividends and Capital Gain Tax Worksheet or the Schedule D 
                                                             Tax Worksheet
Gain or loss from exchanges of like-kind investment property Line 7; also use Schedule D, Form 8824, and the Qualified 
                                                             Dividends and Capital Gain Tax Worksheet or the Schedule D 
                                                             Tax Worksheet

Accuracy-related  penalty. An  accuracy-related  penalty       Term loan
of 20% can be charged for underpayments of tax due to         
negligence or disregard of rules or regulations or substan-
tial understatement of tax. For information on the penalty   This section discusses the tax treatment of different types 
and any interest that applies, see Penalties in chapter 2.   of interest income.
                                                               In general, any interest that you receive or that is credi-
                                                             ted  to  your  account  and  can  be  withdrawn  is  taxable  in-
Interest Income                                              come. Exceptions to this rule are discussed later.

                                                             Form 1099-INT.    Interest income generally is reported to 
Terms you may need to know                                   you on Form 1099-INT, or a similar statement, by banks, 
(see Glossary):                                              savings and loan associations, and other payers of inter-
  Accrual method                                             est. This form shows you the interest you received during 
                                                             the year. Keep this form for your records. You do not have 
  Below-market loan                                          to attach it to your tax return.
  Cash method                                                  Report on your tax return the total interest income you 
                                                             receive for the tax year. See the Instructions for Recipient 
  Demand loan
                                                             of Form 1099-INT to see whether you need to adjust any 
  Forgone interest                                           of the amounts reported to you.
  Gift loan                                                    Interest not reported on Form 1099-INT.      Even if you 
  Interest                                                   do not receive a Form 1099-INT, you must still report all of 
                                                             your  interest  income.  For  example,  you  may  receive  dis-
  Mutual fund                                                tributive shares of interest from partnerships or S corpora-
  Nominee                                                    tions.  This  interest  is  reported  to  you  on  Schedule  K-1 
                                                             (Form  1065),  Partner's  Share  of  Income,  Deductions, 
  Original issue discount                                    Credits, etc., and Schedule K-1 (Form 1120S), Sharehold-
  Private activity bond                                      er's Share of Income, Deductions, Credits, etc.

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Nominees.    Generally, if someone receives interest as           Money  market  funds. Money  market  funds  are  offered 
a  nominee  for  you,  that  person  must  give  you  a  Form     by nonbank financial institutions such as mutual funds and 
1099-INT showing the interest received on your behalf.            stock  brokerage  houses,  and  pay  dividends.  Generally, 
If you receive a Form 1099-INT and interest as a nomi-            amounts you receive from money market funds should be 
nee  for  another  person,  see  the  discussion  on Nominee      reported as dividends, not as interest.
distributions, later.
                                                                  Certificates of deposit and other deferred interest ac-
Incorrect  amount.   If  you  receive  a  Form  1099-INT          counts. If you buy a certificate of deposit or open a defer-
that  shows  an  incorrect  amount  (or  other  incorrect  infor- red interest account, interest may be paid at fixed intervals 
mation),  you  should  ask  the  issuer  for  a  corrected  form. of 1 year or less during the term of the account. You gen-
The new Form 1099-INT you receive should be denoted               erally must include this interest in your income when you 
“Corrected.”                                                      actually receive it or are entitled to receive it without pay-
                                                                  ing  a  substantial  penalty.  The  same  is  true  for  accounts 
Form 1099-OID. Reportable interest income also may be 
                                                                  that mature in 1 year or less and pay interest in a single 
shown  on  Form  1099-OID,  Original  Issue  Discount.  For 
                                                                  payment at maturity. If interest is deferred for more than 1 
more information about amounts shown on this form, see 
                                                                  year, see Original Issue Discount (OID), later.
Original Issue Discount (OID), later in this chapter.
                                                                  Interest subject to penalty for early withdrawal.       If 
Exempt-interest  dividends.  Form  1099-DIV,  box  12,            you withdraw funds from a deferred interest account be-
shows  exempt-interest  dividends  from  a  mutual  fund  or      fore maturity, you may have to pay a penalty. You must re-
other  regulated  investment  company  paid  to  you  during      port  the  total  amount  of  interest  paid  or  credited  to  your 
the calendar year. See the Instructions for Form 1040 or          account  during  the  year  without  subtracting  the  penalty. 
1040-SR for where to report.                                      See Penalty on early withdrawal of savings, later, for more 
Form  1099-DIV,  box  13,  shows  exempt-interest  divi-          information on how to report the interest and deduct the 
dends subject to the alternative minimum tax (AMT). This          penalty.
amount  is  included  in  box  12.  See  the  Instructions  for 
Form 6251.                                                        Money borrowed to invest in certificate of deposit. 
                                                                  The interest you pay on money borrowed from a bank or 
Interest  on  VA  dividends. Interest  on  insurance  divi-       savings institution to meet the minimum deposit required 
dends left on deposit with the Department of Veterans Af-         for a certificate of deposit from the institution and the inter-
fairs (VA) is not taxable. This includes interest paid on divi-   est you earn on the certificate are two separate items. You 
dends  on  converted  United  States  Government  Life            must report the total interest you earn on the certificate in 
Insurance policies and on National Service Life Insurance         your  income.  If  you  itemize  deductions,  you  can  deduct 
policies.                                                         the  interest  you  pay  as  investment  interest,  up  to  the 
                                                                  amount  of  your  net  investment  income.  See Interest  Ex-
Individual  retirement  arrangements  (IRAs).        Interest     penses in chapter 3.
on a Roth IRA generally is not taxable. Interest on a tradi-
tional IRA is tax deferred. You generally do not include it in    Example.  You  purchase  a  $10,000  certificate  of  de-
your income until you make withdrawals from the IRA. See          posit  by  borrowing  $5,000  from  the  bank  and  adding  an 
Pub. 590-B for more information.                                  additional  $5,000  of  your  funds.  The  certificate  earned 
                                                                  $575  at  maturity  in  2023,  but  you  received  only  $265, 
Taxable Interest—General                                          which represented the $575 you earned minus $310 inter-
                                                                  est  charged  on  your  $5,000  loan.  The  bank  gives  you  a 
Taxable  interest  includes  interest  you  receive  from  bank   Form  1099-INT  for  2023  showing  the  $575  interest  you 
accounts,  loans  you  make  to  others,  and  other  sources.    earned. The bank also gives you a statement showing that 
The following are some sources of taxable interest.               you  paid  $310  interest  for  2023.  You  must  include  the 
                                                                  $575  in  your  income.  If  you  itemize  your  deductions  on 
Dividends  that  are  actually  interest. Certain  distribu-      Schedule  A  (Form  1040),  Itemized  Deductions,  you  can 
tions commonly called dividends are actually interest. You        deduct $310, subject to the net investment income limit.
must report as interest so-called “dividends” on deposits 
or on share accounts in:                                          Gift for opening account.    If you receive noncash gifts or 
                                                                  services for making deposits or for opening an account in 
Cooperative banks,                                              a savings institution, the value may be reported to you as 
Credit unions,                                                  interest income on Form 1099-INT and you may have to 
                                                                  report it on your tax return.
Domestic building and loan associations,
                                                                  For deposits of less than $5,000, gifts or services val-
Domestic savings and loan associations,                         ued  at  more  than  $10  must  be  reported  as  interest.  For 
Federal savings and loan associations, and                      deposits  of  $5,000  or  more,  gifts  or  services  valued  at 
                                                                  more than $20 must be reported as interest. The value is 
Mutual savings banks.                                           determined by the cost to the financial institution.
The “dividends” will be shown as interest income on Form 
1099-INT.                                                         Example.  You  open  a  savings  account  at  your  local 
                                                                  bank and deposit $800. The account earns $20 interest. 

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You  also  receive  a  $15  calculator.  If  no  other  interest  is   The amount you could have withdrawn as of the end 
credited  to  your  account  during  the  year,  the  Form               of the year (not reduced by any penalty for premature 
1099-INT you receive will show $35 interest for the year.                withdrawals of a time deposit).
You must report $35 interest income on your tax return.                If you receive a Form 1099-INT for interest income on de-
                                                                       posits that were frozen at the end of 2023, see Frozen de-
Interest on insurance dividends. Interest on insurance 
                                                                       posits, later, for information about reporting this interest in-
dividends left on deposit with an insurance company that 
                                                                       come exclusion on your tax return.
can be withdrawn annually is taxable to you in the year it is 
                                                                       The interest you exclude is treated as credited to your 
credited to your account. However, if you can withdraw it 
                                                                       account  in  the  following  year.  You  must  include  it  in  in-
only on the anniversary date of the policy (or other speci-
                                                                       come in the year you can withdraw it.
fied date), the interest is taxable in the year that date oc-
curs.                                                                  Example. $100 of interest was credited on your frozen 
                                                                       deposit  during  the  year.  You  withdrew  $80  but  could  not 
Prepaid insurance premiums.      Any increase in the value 
                                                                       withdraw any more as of the end of the year. You must in-
of  prepaid  insurance  premiums,  advance  premiums,  or 
                                                                       clude $80 in your income and exclude $20 from your in-
premium deposit funds is interest if it is applied to the pay-
                                                                       come  for  the  year.  You  must  include  the  $20  in  your  in-
ment  of  premiums  due  on  insurance  policies  or  made 
                                                                       come for the year you can withdraw it.
available for you to withdraw.
                                                                       Bonds traded flat. If you buy a bond at a discount when 
U.S.  obligations. Interest  on  U.S.  obligations,  such  as 
                                                                       interest has been defaulted or when the interest has ac-
U.S. Treasury bills, notes, and bonds, and obligations is-
                                                                       crued but has not been paid, the transaction is described 
sued by any agency or instrumentality of the United States 
                                                                       as trading a bond flat. The defaulted or unpaid interest is 
is taxable for federal income tax purposes.
                                                                       not  income  and  is  not  taxable  as  interest  if  paid  later. 
Interest on tax refunds. Interest you receive on tax re-               When you receive a payment of that interest, it is a return 
funds is taxable income.                                               of  capital  that  reduces  the  remaining  cost  basis  of  your 
                                                                       bond.  Interest  that  accrues  after  the  date  of  purchase, 
Interest  on  condemnation  award. If  the  condemning                 however, is taxable interest income for the year received 
authority pays you interest to compensate you for a delay              or accrued. See Bonds Sold Between Interest Dates, later 
in payment of an award, the interest is taxable.                       in this chapter.

Installment sale payments.    If a contract for the sale or 
exchange  of  property  provides  for  deferred  payments,  it         Below-Market Loans

also usually provides for interest payable with the deferred           Generally, a “below-market loan” means any loan if (a) in 
payments. Generally, that interest is taxable when you re-             the case of a demand loan, interest is payable on the loan 
ceive it. If little or no interest is provided for in a deferred       at a rate less than the applicable federal rate, or (b) in the 
payment contract, part of each payment may be treated as               case  of  a  term  loan,  the  amount  loaned  exceeds  the 
interest.  See Unstated  Interest  and  Original  Issue  Dis-          present value (using a discount rate equal to the applica-
count (OID) in Pub. 537.                                               ble federal rate) of all payments due under the loan. (See 
                                                                       Code  section  7872  for  details.)  Section  7872  may  con-
Interest  on  annuity  contract. Accumulated  interest  on 
                                                                       sider the borrower to pay the lender any forgone interest 
an annuity contract you sell before its maturity date is tax-
                                                                       and  the  lender  to  pay  that  foregone  interest  to  the  bor-
able.
                                                                       rower. (See Code section 7872.) Thus, the lender may be 
Usurious interest. Usurious interest is interest charged               compelled to recognize that foregone interest as income 
at  an  illegal  rate.  This  is  taxable  as  interest  unless  state and the borrower may be able to deduct that foregone in-
law automatically changes it to a payment on the principal.            terest  as  an  expense  if  the  loan  proceeds  are  used  for 
                                                                       business or investment. The nature of the forgone interest 
Interest income on frozen deposits. Exclude from your                  that section 7872 considers the lender to return to the bor-
gross income interest on frozen deposits. A deposit is fro-            rower  depends  on  the  relationship  between  lender  and 
zen if, at the end of the year, you cannot withdraw any part           borrower. It may be considered a gift, an investment, com-
of the deposit because:                                                pensation, etc. (See Code section 7872 for details.)

The financial institution is bankrupt or insolvent, or               Loans subject to the rules. The rules for below-market 
The state in which the institution is located has placed             loans apply to:
  limits on withdrawals because other financial institu-               Gift loans,
  tions in the state are, or may become, bankrupt or in-
  solvent.                                                             Compensation-related loans,
  The amount of interest you must exclude is the interest              Corporation-shareholder loans,
that was credited on the frozen deposits minus the sum of:             Tax avoidance loans, and
The net amount you withdrew from these deposits                      Certain loans made to qualified continuing care facili-
  during the year, and                                                   ties under a continuing care contract.

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A compensation-related loan is any below-market loan               lump-sum cash payment to the borrower (as a dividend, 
between an employer and an employee or between an in-              contribution to capital, etc.) on the date the loan is made. 
dependent contractor and a person for whom the contrac-            The amount of this payment is the amount of the loan mi-
tor provides services.                                             nus the present value, at the applicable federal rate, of all 
                                                                   payments due under the loan. An equal amount is treated 
A tax avoidance loan is any below-market loan where                as  original  issue  discount  (OID).  The  lender  must  report 
the avoidance of federal tax is one of the main purposes of        the  annual  part  of  the  OID  as  interest  income.  The  bor-
the interest arrangement.                                          rower may be able to deduct the OID as interest expense. 
                                                                   See Original Issue Discount (OID), later.
Forgone interest.    For any period, forgone interest is:
The amount of interest that would be payable for that            Exceptions  to  the  below-market  loan  rules.       Excep-
  period if interest accrued on the loan at the applicable         tions to the below-market loan rules are discussed here.
  federal rate and was payable annually on December                   Exception for loans of $10,000 or less.   The rules for 
  31, minus                                                        below-market loans do not apply to any day on which the 
Any interest actually payable on the loan for the pe-            total  outstanding  amount  of  loans  between  the  borrower 
  riod.                                                            and lender is $10,000 or less. This exception applies only 
                                                                   to:
Applicable federal rate.    Applicable federal rates are 
published by the IRS each month in the Internal Revenue            1. Gift loans between individuals if the gift loan is not di-
Bulletin. The Internal Revenue Bulletin is available through          rectly used to buy or carry income-producing assets, 
IRS.gov/IRB. You also can find applicable federal rates in            and
the  Index  of  Applicable  Federal  Rates  (AFR)  Rulings  at 
                                                                   2. Compensation-related loans or corporation-share-
https://irs.gov/applicable-federal-rates.
                                                                      holder loans if the avoidance of federal tax is not a 
See chapter 5, How To Get Tax Help, for other ways to 
                                                                      principal purpose of the interest arrangement.
get this information.
                                                                      This exception does not apply to term loans. The gen-
Rules for below-market loans.    The rules that apply to a         eral below-market loan rules will continue to apply even if 
below-market  loan  depend  on  whether  the  loan  is  a  gift    the outstanding balance is reduced to $10,000 or less.
loan, demand loan, or term loan.
                                                                      Exception  for  loans  to  continuing  care  facilities. 
Gift and demand loans.    A gift loan is any below-mar-            Loans to qualified continuing care facilities under continu-
ket loan where the forgone interest is in the nature of a gift.    ing  care  contracts  are  not  subject  to  the  rules  for  be-
A demand loan is a loan payable in full at any time upon           low-market loans for the calendar year if the lender or the 
demand by the lender. A demand loan is a below-market              lender's spouse is age 65 or older at the end of the year. 
loan if no interest is charged or if interest is charged at a      For the definitions of qualified continuing care facility and 
rate below the applicable federal rate.                            continuing  care  contract,  see  Internal  Revenue  Code 
A demand loan or gift loan that is a below-market loan             7872(g)(4) and (h).
generally  is  treated  as  an  arm's-length  transaction  in 
which the lender is treated as having made:                           Exception  for  loans  without  significant  tax  effect. 
                                                                   Loans  are  excluded  from  the  below-market  loan  rules  if 
A loan to the borrower in exchange for a note that re-           their interest arrangements do not have a significant effect 
  quires the payment of interest at the applicable federal         on  the  federal  tax  liability  of  the  borrower  or  the  lender. 
  rate, and                                                        These loans include:
An additional payment to the borrower in an amount               1. Loans made available by the lender to the general 
  equal to the forgone interest.                                      public on the same terms and conditions that are con-
The borrower generally is treated as transferring the addi-           sistent with the lender's customary business practice;
tional payment back to the lender as interest. The lender 
must report that amount as interest income.                        2. Loans subsidized by a federal, state, or municipal 
The lender's additional payment to the borrower is trea-              government that are made available under a program 
ted as a gift, dividend, contribution to capital, pay for serv-       of general application to the public;
ices, or other payment, depending on the substance of the          3. Certain employee-relocation loans;
transaction. The borrower may have to report this payment 
as taxable income, depending on its classification.                4. Certain loans to or from a foreign person;
                                                                   5. Gift loans to a charitable organization, contributions to 
These transfers are considered to occur annually, gen-
                                                                      which are deductible, if the total outstanding amount 
erally on December 31.
                                                                      of loans between the organization and lender is 
Term loans. A term loan is any loan that is not a de-                 $250,000 or less at all times during the tax year; and
mand  loan.  A  term  loan  is  a  below-market  loan  if  the 
                                                                   6. Other loans on which the interest arrangement can be 
amount of the loan is more than the present value of all 
                                                                      shown to have no significant effect on the federal tax 
payments due under the loan.
                                                                      liability of the lender or the borrower.
A  lender  who  makes  a  below-market  term  loan  other 
than  a  gift  loan  is  treated  as  transferring  an  additional 

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For a loan described in (6) above, all the facts and cir-          Series  H  and  HH  bonds. These  bonds  were  issued  at 
cumstances are used to determine if the interest arrange-          face value in exchange for other savings bonds.
ment has a significant effect on the federal tax liability of      Series HH bonds were issued between 1980 and 2004. 
the  lender  or  borrower.  Some  factors  to  be  considered      They mature 20 years after issue. Series HH bonds that 
are:                                                               have not matured pay interest twice a year, usually by di-
                                                                   rect  deposit  to  your  bank  account.  If  you  are  a  cash 
 Whether items of income and deduction generated by 
                                                                   method taxpayer, you must report this interest as income 
   the loan offset each other;
                                                                   in the year you receive it.
 The amount of these items;                                      Series H bonds were issued before 1980. All Series H 
 The cost to you of complying with the below-market              bonds have matured and are no longer earning interest.
   loan rules, if they were to apply; and                          In addition to the twice-a-year interest payments, most 
                                                                   H/HH bonds also have a deferred interest component.
 Any reasons other than taxes for structuring the trans-
   action as a below-market loan.                                  Series EE and Series I bonds. Interest on these bonds 
                                                                   is  payable  when  you  redeem  the  bonds.  The  difference 
If you structure a transaction to meet this exception and 
                                                                   between the purchase price and the redemption value is 
one of the principal purposes of that structure is the avoid-
                                                                   taxable interest.
ance  of  federal  tax,  the  loan  will  be  considered  a 
tax-avoidance loan, and this exception will not apply.             Series E and EE bonds.      Series E bonds were issued 
                                                                   before 1980. All Series E bonds have matured and are no 
Limit on forgone interest for gift loans of $100,000 
                                                                   longer earning interest. Series EE bonds were first offered 
or  less. For  gift  loans  between  individuals,  if  the  out-
                                                                   in January 1980 and have a maturity period of 30 years; 
standing  loans  between  the  lender  and  borrower  total 
                                                                   they were offered in paper (definitive) form until 2012. Pa-
$100,000 or less, the forgone interest to be included in in-
                                                                   per Series EE and Series E bonds were issued at a dis-
come by the lender and deducted by the borrower is limi-
                                                                   count  and  increase  in  value  as  they  earn  interest.  Elec-
ted to the amount of the borrower's net investment income 
                                                                   tronic  (book-entry)  Series  EE  bonds  were  first  offered  in 
for  the  year.  If  the  borrower's  net  investment  income  is 
                                                                   2003; they are issued at face value and increase in value 
$1,000 or less, it is treated as zero. This limit does not ap-
                                                                   as  they  earn  interest.  For  all  Series  E  and  Series  EE 
ply to a loan if the avoidance of federal tax is one of the 
                                                                   bonds, the purchase price plus all accrued interest is pay-
main purposes of the interest arrangement.
                                                                   able to you at redemption.
U.S. Savings Bonds                                                 Series  I  bonds. Series  I  bonds  were  first  offered  in 
                                                                   1998.  These  are  inflation-indexed  bonds  issued  at  face 
This  section  provides  tax  information  on  U.S.  savings       value with a maturity period of 30 years. Series I bonds in-
bonds.  It  explains  how  to  report  the  interest  income  on   crease in value as they earn interest. The face value plus 
these bonds and how to treat transfers of these bonds.             all accrued interest is payable to you at redemption.
U.S.  savings  bonds  currently  offered  to  individuals  in-     Reporting  options  for  cash  method  taxpayers.      If 
clude Series EE bonds and Series I bonds.                          you use the cash method of reporting income, you can re-
                                                                   port  the  interest  on  Series  EE,  Series  E,  and  Series  I 
      For  information  about  U.S.  savings  bonds,  go  to       bonds in either of the following ways.
      www.treasurydirect.gov/savings-bonds/.  Also,  go 
      to  www.treasurydirect.gov/contact-us/  and  click           1. Method 1. Postpone reporting the interest until the 
on a topic to find answers to your questions by email.                earlier of the year you cash or dispose of the bonds or 
                                                                      the year in which they mature. (However, see Savings 
      If you prefer, write to:                                        bonds traded, later.)
                                                                      Note. Series EE bonds issued in 1993 matured in 
                                                                      2023. If you have used method 1, you generally must 
                                                                      report the interest on these bonds on your 2023 re-
   Treasury Retail Securities Services                                turn.
   P.O. Box 9150
   Minneapolis, MN 55480-9150                                      2. Method 2. Choose to report the increase in redemp-
                                                                      tion value as interest each year.
Accrual  method  taxpayers.    If  you  use  an  accrual           You must use the same method for all Series EE and Ser-
method  of  accounting,  you  must  report  interest  on  U.S.     ies I bonds you own. If you do not choose method 2 by re-
savings bonds each year as it accrues. You cannot post-            porting the increase in redemption value as interest each 
pone  reporting  interest  until  you  receive  it  or  until  the year, you must use method 1.
bonds mature.
                                                                       If you plan to cash your bonds in the same year 
Cash method taxpayers. If you use the cash method of               TIP you  will  pay  for  higher  education  expenses,  you 
accounting, as most individual taxpayers do, you generally             may want to use method 1 because you may be 
report  the  interest  on  U.S.  savings  bonds  when  you  re-    able  to  exclude  the  interest  from  your  income.  To  learn 
ceive it. But see Reporting options for cash method tax-           how, see Education Savings Bond Program, later.
payers, later.

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Change from method 1.  If you want to change your                  the co-owner who redeemed the bond will receive a Form 
method of reporting the interest from method 1 to method           1099-INT at the time of redemption and must provide you 
2, you can do so without permission from the IRS. In the           with another Form 1099-INT showing the amount of inter-
year  of  change,  you  must  report  all  interest  accrued  to   est from the bond taxable to you. The co-owner who re-
date and not previously reported for all your bonds.               deemed the bond is a “nominee.” See Nominee distribu-
Once you choose to report the interest each year, you              tions, later, for more information about how a person who 
must  continue  to  do  so  for  all  Series  EE,  Series  E,  and is a nominee reports interest income belonging to another 
Series I bonds you own and for any you get later, unless           person.
you request permission to change, as explained next.
                                                                   Both  co-owners'  funds  used. If  you  and  the  other 
Change from method 2.  To change from method 2 to                  co-owner  each  contribute  part  of  the  bond's  purchase 
method 1, you must request permission from the IRS. Per-           price,  the  interest  generally  is  taxable  to  each  of  you  in 
mission  for  the  change  is  automatically  granted  if  you     proportion to the amount each of you paid.
send the IRS a statement that meets all the following re-
                                                                   Community property.         If you and your spouse live in a 
quirements.
                                                                   community property state and hold bonds as community 
1. You have typed or printed the following number at the           property, one-half of the interest is considered received by 
top: “131.”                                                        each of you. If you file separate returns, each of you gen-
                                                                   erally must report one-half of the bond interest. For more 
2. It includes your name and social security number un-
                                                                   information about community property, see Pub. 555.
der “131.”
                                                                   Table 1-2. These rules are also shown in Table 1-2.
3. It includes the year of change (both the beginning and 
ending dates).                                                     Child  as  only  owner. Interest  on  U.S.  savings  bonds 
4. It identifies the savings bonds for which you are re-           bought for and registered only in the name of your child is 
questing this change.                                              income to your child, even if you paid for the bonds and 
                                                                   are named as beneficiary. If the bonds are Series EE or 
5. It includes your agreement to:                                  Series I bonds, the interest on the bonds is income to your 
a. Report all interest on any bonds acquired during                child in the earlier of the year the bonds are cashed or dis-
or after the year of change when the interest is re-               posed of or the year the bonds mature, unless your child 
alized upon disposition, redemption, or final ma-                  chooses to report the interest income each year.
turity, whichever is earliest; and                                 Choice to report interest each year.         The choice to 
b. Report all interest on the bonds acquired before                report the accrued interest each year can be made either 
the year of change when the interest is realized                   by your child or by you for your child. This choice is made 
upon disposition, redemption, or final maturity,                   by  filing  an  income  tax  return  that  shows  all  the  interest 
whichever is earliest, with the exception of the in-               earned to date, and by stating on the return that your child 
terest reported in prior tax years.                                chooses  to  report  the  interest  each  year.  Either  you  or 
                                                                   your child should keep a copy of this return.
You must attach this statement to your tax return for the          Unless your child is otherwise required to file a tax re-
year of change, which you must file by the due date (in-           turn for any year after making this choice, your child does 
cluding extensions).                                               not have to file a return only to report the annual accrual of 
You can have an automatic extension of 6 months from               U.S.  savings  bond  interest  under  this  choice.  However, 
the due date of your return for the year of change (exclud-        see Tax  on  unearned  income  of  certain  children,  earlier, 
ing extensions) to file the statement with an amended re-          under General Information. Neither you nor your child can 
turn.  On  the  statement,  type  or  print  “Filed  pursuant  to  change the way you report the interest unless you request 
section 301.9100-2.” To get this extension, you must have          permission  from  the  IRS,  as  discussed  earlier  under 
filed your original return for the year of the change by the       Change from method 2.
due date (including extensions). See also Revenue Proce-
dure 2015-13, Section 6.03(4).                                     Ownership transferred.      If you bought Series EE or Ser-
Instead of filing this statement, you can request permis-          ies I bonds entirely with your own funds and had them re-
sion to change from method 2 to method 1 by filing Form            issued  in  your  co-owner's  name  or  beneficiary's  name 
3115. In that case, follow the form instructions for an auto-      alone, you must include in your gross income for the year 
matic change. No user fee is required.                             of reissue all interest that you earned on these bonds and 
                                                                   have not previously reported. But, if the bonds were reis-
Co-owners. If a U.S. savings bond is issued in the names           sued in your name alone, you do not have to report the in-
of co-owners, such as you and your child or you and your           terest accrued at that time.
spouse,  interest  on  the  bond  generally  is  taxable  to  the  This same rule applies when bonds (other than bonds 
co-owner who bought the bond.                                      held  as  community  property)  are  transferred  between 
One co-owner's funds used.        If you used your funds           spouses or incident to divorce.
to buy the bond, you must pay the tax on the interest. This 
                                                                   Example.   You  bought  Series  EE  bonds  entirely  with 
is true even if you let the other co-owner redeem the bond 
                                                                   your own funds. You did not choose to report the accrued 
and  keep  all  the  proceeds.  Under  these  circumstances, 
                                                                   interest  each  year.  Later,  you  transfer  the  bonds  to  your 

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former  spouse  under  a  divorce  agreement.  You  must  in-       bond reissued as two $500 bonds, one in your name and 
clude the deferred accrued interest, from the date of the           one in your spouse's name. You must report half the inter-
original issue of the bonds to the date of transfer, in your        est earned to the date of reissue.
income  in  the  year  of  transfer.  Your  former  spouse  in-
cludes in income the interest on the bonds from the date            Transfer to a trust.  If you own Series E, Series EE, or 
of transfer to the date of redemption.                              Series I bonds and transfer them to a trust, giving up all 
                                                                    rights of ownership, you must include in your income for 
Table 1-2. Who Pays the Tax on U.S. Savings                         that year the interest earned to the date of transfer if you 
                                                                    have not already reported it. However, if you are consid-
           Bond Interest
                                                                    ered  the  owner  of  the  trust  and  if  the  increase  in  value 
IF ...                            THEN the interest must be         both before and after the transfer continues to be taxable 
                                  reported by ...                   to  you,  you  can  continue  to  defer  reporting  the  interest 
you buy a bond in your name and  you.                               earned  each  year.  You  must  include  the  total  interest  in 
the name of another person as                                       your income in the year you cash or dispose of the bonds 
co-owners, using only your own                                      or the year the bonds finally mature, whichever is earlier.
funds                                                               The same rules apply to previously unreported interest 
you buy a bond in the name of     the person for whom you bought    on Series EE or Series E bonds if the transfer to a trust 
another person, who is the sole   the bond.                         consisted of Series HH or Series H bonds you acquired in 
owner of the bond                                                   a trade for the Series EE or Series E bonds. See Savings 
you and another person buy a      both you and the other co-owner,  bonds traded, later.
bond as co-owners, each           in proportion to the amount each 
contributing part of the purchase paid for the bond.                Decedents.  The manner of reporting interest income on 
price                                                               Series E, Series EE, or Series I bonds, after the death of 
you and your spouse, who live in  you and your spouse. If you file  the owner (decedent), depends on the accounting and in-
a community property state, buy a  separate returns, both you and   come-reporting  methods  previously  used  by  the  dece-
bond that is community property.  your spouse generally report half dent.
                                  of the interest.
                                                                    Decedent  who  reported  interest  each  year.       If  the 
Purchased jointly.      If you and a co-owner each con-             bonds transferred because of death were owned by a per-
tributed  funds  to  buy  Series  E,  Series  EE,  or  Series  I    son who used an accrual method, or who used the cash 
bonds  jointly  and  later  have  the  bonds  reissued  in  the     method and had chosen to report the interest each year, 
co-owner's name alone, you must include in your gross in-           the interest earned in the year of death up to the date of 
come for the year of reissue your share of all the interest         death must be reported on that person's final return. The 
earned on the bonds that you have not previously repor-             person  who  acquires  the  bonds  includes  in  income  only 
ted.  The  former  co-owner  does  not  have  to  include  in       interest earned after the date of death.
gross income at the time of reissue his or her share of the         Decedent who postponed reporting interest.           If the 
interest earned that was not reported before the transfer.          transferred  bonds  were  owned  by  a  decedent  who  had 
This interest, however, as well as all interest earned after        used the cash method and had not chosen to report the 
the reissue, is income to the former co-owner.                      interest each year, and who had bought the bonds entirely 
This income-reporting rule also applies when the bonds              with his or her own funds, all interest earned before death 
are reissued in the name of your former co-owner and a              must be reported in one of the following ways.
new co-owner. But the new co-owner will report only his or 
her share of the interest earned after the transfer.                1. The surviving spouse or personal representative (ex-
If bonds that you and a co-owner bought jointly are reis-           ecutor, administrator, etc.) who files the final income 
sued to each of you separately in the same proportion as            tax return of the decedent can choose to include on 
your  contribution  to  the  purchase  price,  neither  you  nor    that return all interest earned on the bonds before the 
your  co-owner  has  to  report  at  that  time  the  interest      decedent's death. The person who acquires the 
earned before the bonds were reissued.                              bonds then includes in income only interest earned 
                                                                    after the date of death.
Example 1.  You and your spouse each spent an equal                 2. If the choice in (1) is not made, the interest earned up 
amount  to  buy  a  $1,000  Series  EE  savings  bond.  The         to the date of death is income in respect of the dece-
bond was issued to you and your spouse as co-owners.                dent and should not be included in the decedent's fi-
You  both  postpone  reporting  interest  on  the  bond.  You       nal return. All interest earned both before and after the 
later have the bond reissued as two $500 bonds, one in              decedent's death (except any part reported by the es-
your  name  and  one  in  your  spouse's  name.  At  that  time     tate on its income tax return) is income to the person 
neither  you  nor  your  spouse  has  to  report  the  interest     who acquires the bonds. If that person uses the cash 
earned to the date of reissue.                                      method and does not choose to report the interest 
Example  2.       You  bought  a  $1,000  Series  EE  savings       each year, he or she can postpone reporting it until 
bond entirely with your own funds. The bond was issued              the year the bonds are cashed or disposed of or the 
to  you  and  your  spouse  as  co-owners.  You  both  post-        year they mature, whichever is earlier. In the year that 
poned reporting interest on the bond. You later have the            person reports the interest, he or she can claim a 

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deduction for any federal estate tax paid on the part of           deem the bond, see Worksheet for savings bonds distrib-
the interest included in the decedent's estate.                    uted from a retirement or profit-sharing plan, later.

For more information on income in respect of a decedent,           Savings  bonds  traded. Prior  to  September  2004,  you 
see Pub. 559, Survivors, Executors, and Administrators.            could trade (exchange) Series E or EE bonds for Series H 
                                                                   or HH bonds. At the time of the trade, you had the choice 
Example 1.    Your uncle, a cash method taxpayer, died 
                                                                   to postpone (defer) reporting the interest which had been 
and left you a $1,000 Series EE bond. He had bought the 
                                                                   earned on your Series E or EE bonds until the Series H or 
bond for $500 and had not chosen to report the interest 
                                                                   HH  bonds  received  in  the  trade  were  redeemed  or  ma-
each year. At the date of death, interest of $200 had ac-
                                                                   tured.  Any  cash  you  received  in  the  transaction  was  in-
crued on the bond, and its value of $700 was included in 
                                                                   come up to the amount of the interest that had accrued on 
your uncle's estate. Your uncle's executor chose not to in-
                                                                   the Series E or EE bonds. The amount of income that you 
clude  the  $200  accrued  interest  in  your  uncle's  final  in-
                                                                   chose to postpone reporting was recorded on the face of 
come tax return. The $200 is income in respect of the de-
                                                                   the  Series  H  or  HH  bonds  as  "Deferred  Interest";  this 
cedent.
                                                                   amount  is  also  equal  to  the  difference  between  the  re-
You are a cash method taxpayer and do not choose to 
                                                                   demption  value  of  the  Series  H  or  HH  bonds  and  your 
report the interest each year as it is earned. If you cash 
                                                                   cost. Your cost is the sum of the amount you paid for the 
the  bond  when  it  reaches  a  value  of  $1,000,  you  report 
                                                                   exchanged  Series  E  or  EE  bonds  plus  any  amount  you 
$500 interest income—the difference between the value of 
                                                                   had to pay at the time of the transaction.
$1,000 and the original cost of $500.
                                                                   Example. You  traded  Series  EE  bonds  that  cost  you 
Example 2.    If, in Example 1, the executor had chosen 
                                                                   $2,200 (on which you postponed reporting the interest) for 
to include the $200 accrued interest in your uncle's final 
                                                                   $2,500 in Series HH bonds and $223 in cash. At the time 
return, you would report only $300 as interest when you 
                                                                   of the trade, the Series EE bonds had accrued interest of 
cashed  the  bond.  $300  is  the  interest  earned  after  your 
                                                                   $523 and a redemption value of $2,723.
uncle's death.
                                                                   You reported the $223 as taxable income on your tax 
Example 3.    If, in Example 1, you make or have made              return.
the choice to report the increase in redemption value as           You hold the Series HH bonds until maturity, when you 
interest  each  year,  you  include  in  gross  income  for  the   receive $2,500. You must report $300 as interest income 
year you acquire the bond all of the unreported increase in        in the year of maturity. This is the difference between their 
value of all Series E, Series EE, and Series I bonds you           redemption  value,  $2,500,  and  your  cost,  $2,200  (the 
hold,  including  the  $200  on  the  bond  you  inherited  from   amount you paid for the Series EE bonds).
your uncle.
                                                                   Note.  The  $300  amount  that  is  reportable  upon  re-
Example  4.   When  your  aunt  died,  she  owned  Series          demption or maturity may be found on the face of the Ser-
HH bonds that she had acquired in a trade for Series EE            ies HH bond as “Deferred Interest.” If more than one Ser-
bonds. You were the beneficiary of these bonds. Your aunt          ies HH bond is received in the exchange, the total amount 
used the cash method and did not choose to report the in-          of interest postponed/deferred in the transaction is divided 
terest  on  the  Series  EE  bonds  each  year  as  it  accrued.   proportionately among the Series HH bonds.
Your  aunt's  executor  chose  not  to  include  any  interest     Choice to report interest in year of trade.           You could 
earned before your aunt's death on her final return.               have chosen to treat all of the previously unreported ac-
The income in respect of the decedent is the sum of the            crued interest on Series EE bonds traded for Series HH 
unreported interest on the Series EE bonds and the inter-          bonds as income in the year of the trade. If you made this 
est,  if  any,  payable  on  the  Series  HH  bonds  but  not  re- choice,  it  is  treated  as  a  change  from  method  1.  See 
ceived as of the date of your aunt's death. You must report        Change from method 1, earlier.
any  interest  received  during  the  year  as  income  on  your 
return.  The  part  of  the  interest  payable  but  not  received Note.  If you chose to report all of the previously unre-
before your aunt's death is income in respect of the dece-         ported interest in the year of the trade, then there would 
dent and may qualify for the estate tax deduction. For in-         be the no "Deferred Interest" recorded on the face of the 
formation on when to report the interest on the Series EE          new bond.
bonds traded, see Savings bonds traded, later.
                                                                   Note.  The subsequent annual interest earnings on the 
Savings  bonds  distributed  from  a  retirement  or               Series HH bonds received in the exchange would be paid 
profit-sharing plan. If you acquire a U.S. savings bond            and reported annually by Treasury regardless of whether 
in a taxable distribution from a retirement or profit-sharing      the previously accrued interest was further deferred or re-
plan, your income for the year of distribution includes the        ported in the year of the exchange.
bond's redemption value (its cost plus the interest accrued 
before  the  distribution).  When  you  redeem  the  bond          Form  1099-INT  for  U.S.  savings  bond  interest.   You 
(whether in the year of distribution or later), your interest      may receive a Form 1099-INT when you redeem a bond. 
income includes only the interest accrued after the bond           Box 3 of your Form 1099-INT should show the interest as 
was distributed. To figure the interest reported as a taxa-        the difference between the amount you received and the 
ble  distribution  and  your  interest  income  when  you  re-     amount paid for the bond. However, your Form 1099-INT 

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may show more interest than you have to include on your          You do not qualify for this exclusion if your filing status 
income tax return. For example, this may happen if any of        is married filing separately.
the following are true.
                                                                 Form 8815. Use Form 8815 to figure your exclusion. At-
 You chose to report the increase in the redemption            tach the form to your Form 1040 or 1040-SR.
   value of the bond each year. The interest shown on 
   your Form 1099-INT will not be reduced by amounts             Qualified U.S. savings bonds.  A qualified U.S. savings 
   previously included in income.                                bond is a Series EE bond issued after 1989 or a Series I 
 You received the bond from a decedent. The interest           bond. The bond must be issued either in your name (sole 
   shown on your Form 1099-INT will not be reduced by            owner) or in your and your spouse's names (co-owners). 
   any interest reported by the decedent before death, or        You must be at least 24 years old before the bond's issue 
   on the decedent's final return, or by the estate on the       date. For example, a bond bought by a parent and issued 
   estate's income tax return.                                   in the name of his or her child under age 24 does not qual-
                                                                 ify for the exclusion by the parent or child.
 Ownership of the bond was transferred. The interest 
   shown on your Form 1099-INT will not be reduced by                    The issue date of a bond may be earlier than the 
   interest that accrued before the transfer.                    !       date  the  bond  is  purchased  because  the  issue 
    Note. This is true for paper bonds. Treasury report-         CAUTION date  assigned  to  a  bond  is  the  first  day  of  the 
   ing  process  for  electronic  bonds  is  more  refined.  If  month in which it is purchased.
   Treasury  is  aware  that  the  transfer  of  an  electronic 
   savings bond is a reportable event, then the transferor       Beneficiary. You can designate any individual (includ-
   will receive a 1099-INT for the year of the transfer for      ing a child) as a beneficiary of the bond.
   the  interest  accrued  up  to  the  time  of  the  transfer; Verification by IRS. If you claim the exclusion, the IRS 
   when  the  transferee  later  disposes  of  the  bond  (re-   will  check  it  by  using  bond  redemption  information  from 
   demption, maturity, or further transfer), the transferee      the Department of Treasury.
   will  receive  a  1099-INT  showing  interest  accrued  re-
   duced by the amount reported to the transferor at the         Qualified  expenses. Qualified  higher  educational  ex-
   time of the original transfer.                                penses are tuition and fees required for you, your spouse, 
                                                                 or your dependent to attend an eligible educational institu-
 You were named as a co-owner, and the other 
                                                                 tion.
   co-owner contributed funds to buy the bond. The inter-
                                                                 Qualified expenses include any contribution you make 
   est shown on your Form 1099-INT will not be reduced 
                                                                 to a qualified tuition program or to a Coverdell education 
   by the amount you received as nominee for the other 
                                                                 savings  account.  For  information  about  these  programs, 
   co-owner. (See Co-owners, earlier, for more informa-
                                                                 see Pub. 970, Tax Benefits for Education.
   tion about the reporting requirements.)
                                                                 Qualified  expenses  do  not  include  expenses  for  room 
 You received the bond in a taxable distribution from a        and board or for courses involving sports, games, or hob-
   retirement or profit-sharing plan. The interest shown         bies  that  are  not  part  of  a  degree  or  certificate  granting 
   on your Form 1099-INT will not be reduced by the in-          program.
   terest portion of the amount taxable as a distribution 
   from the plan and not taxable as interest. (This              Eligible  educational  institutions.      These  institutions 
   amount generally is shown on Form 1099-R, Distribu-           include  most  public,  private,  and  nonprofit  universities, 
   tions From Pensions, Annuities, Retirement or                 colleges, and vocational schools that are accredited and 
   Profit-Sharing Plans, IRAs, Insurance Contracts, etc.,        eligible to participate in student aid programs run by the 
   for the year of distribution.)                                Department of Education.
For more information on including the correct amount of          Reduction  for  certain  benefits.      You  must  reduce 
interest on your return, see U.S. savings bond interest pre-     your  qualified  higher  educational  expenses  by  all  of  the 
viously reported or Nominee distributions, later.                following tax-free benefits.
    Interest  on  U.S.  savings  bonds  is  exempt  from         1. Tax-free part of scholarships and fellowships.
TIP state and local taxes. The Form 1099-INT you re-             2. Expenses used to figure the tax-free portion of distri-
    ceive will indicate the amount that is for U.S. sav-         butions from a Coverdell ESA.
ings bonds interest in box 3. Do not include this income on 
your state or local income tax return.                           3. Expenses used to figure the tax-free portion of distri-
                                                                 butions from a qualified tuition program.
Education Savings Bond Program                                   4. Any tax-free payments (other than gifts or inheritan-
                                                                 ces) received as educational assistance, such as:
You may be able to exclude from income all or part of the 
                                                                      a. Veterans' educational assistance benefits,
interest  you  receive  on  the  redemption  of  qualified  U.S. 
savings bonds during the year if you pay qualified higher             b. Qualified tuition reductions, or
education expenses during the same year. This exclusion 
is known as the Education Savings Bond Program.                       c. Employer-provided educational assistance.

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5. Any expense used in figuring the American Opportu-              (par amount less any tax withheld) and the purchase price 
nity and lifetime learning credits.                                of the new Treasury security. However, you must report the 
                                                                   full amount of the interest income on each of your Treas-
For information about these benefits, see Pub. 970.
                                                                   ury bills at the time it reaches maturity.
Amount  excludable.   If  the  total  proceeds  (interest  and 
                                                                   Treasury notes and bonds.       Treasury notes have matur-
principal)  from  the  qualified  U.S.  savings  bonds  you  re-
                                                                   ity periods of at least 1 year, ranging up to 10 years. Ma-
deem  during  the  year  are  not  more  than  your  adjusted 
                                                                   turity periods for Treasury bonds are generally longer than 
qualified  higher  educational  expenses  for  the  year,  you 
                                                                   10  years.  Both  generally  are  issued  in  denominations  of 
may be able to exclude all of the interest. If the proceeds 
                                                                   $100 to $1 million and both generally pay interest every 6 
are more than the expenses, you may be able to exclude 
                                                                   months.  Generally,  you  report  this  interest  for  the  year 
only part of the interest.
                                                                   paid. When the notes or bonds mature, you can redeem 
To determine the excludable amount, multiply the inter-
                                                                   these securities for face value or use the proceeds from 
est part of the proceeds by a fraction. The numerator (top 
                                                                   the  maturing  note  or  bond  to  reinvest  in  another  note  or 
part) of the fraction is the qualified higher educational ex-
                                                                   bond of the same type and term.
penses  you  paid  during  the  year.  The  denominator  (bot-
                                                                   Treasury  notes  and  bonds  are  sold  by  auction.  Two 
tom part) of the fraction is the total proceeds you received 
                                                                   types of bids are accepted: competitive bids and noncom-
during the year.
                                                                   petitive bids. If you make a competitive bid and a determi-
Example. J  and  L,  a  married  couple,  paid  $5,000.00          nation  is  made  that  the  purchase  price  is  less  than  the 
for a $10,000 denominated Series EE U.S. Savings Bond              face value, you will receive a refund for the difference be-
in January 2007. J and L redeemed (cashed in) the bond             tween the purchase price and the face value. This amount 
in  January  2023  for  $8,848.00  ($5,000.00  investment  +       is considered original issue discount. However, the origi-
$3,848.00 interest). J and L paid $4,000.00 of their child's       nal issue discount rules (discussed later) do not apply if 
college tuition in 2023. J and L are not claiming any credit       the discount is less than one-fourth of 1% (0.0025) of the 
for  that  amount  and  their  child  does  not  receive  any      face amount, multiplied by the number of full years from 
tax-free educational assistance.                                   the date of original issue to maturity. See De minimis OID, 
To determine the excludable amount, J and L multiply               later. If the purchase price is determined to be more than 
the interest part of the proceeds ($3,848.00) by a fraction.       the face amount, the difference is a premium. (See    Bond 
The  numerator  (top  part)  of  the  fraction  is  the  qualified Premium Amortization in chapter 3.)
higher  educational  expenses  paid  during  the  year             For  other  information  on  these  notes  or  bonds, 
($4,000.00). The denominator (bottom part) of the fraction         write to:
is the total proceeds received during the year ($8,848.00).
Thus, J         and L     can    exclude $3,848.00      x          Treasury Retail Securities Services
($4,000.00/$8,848.00) = $1,739.60.                                 P.O. Box 9150
                                                                   Minneapolis, MN 55480-9150
U.S. Treasury Bills,
Notes, and Bonds                                                   Or, on the Internet, visit www.treasurydirect.gov.

Treasury bills, notes, and bonds are direct debts (obliga-
tions) of the U.S. government.
                                                                   Treasury inflation-protected securities (TIPS).       These 
Taxation of interest. Interest income from Treasury bills,         securities pay interest twice a year at a fixed rate, based 
notes,  and  bonds  is  subject  to  federal  income  tax  but  is on a principal amount adjusted to take into account infla-
exempt from all state and local income taxes. You should           tion  and  deflation.  For  the  tax  treatment  of  these  securi-
receive  Form  1099-INT  showing  the  interest  (in  box  3)      ties, see Inflation-Indexed Debt Instruments, later.
paid to you for the year.
                                                                   Retirement, sale, or redemption.   For information on the 
Treasury  bills. These  bills  generally  have  a  4-week,         retirement, sale, or redemption of U.S. government obliga-
8-week,  13-week,  26-week,  or  52-week  maturity  period.        tions, see Capital or Ordinary Gain or Loss in chapter 4. 
They generally are issued at a discount in the amount of           Also, see Nontaxable Trades in chapter 4 for information 
$100 and multiples of $100. The difference between the             about  trading  U.S.  Treasury  obligations  for  certain  other 
discounted price you pay for the bills and the face value          designated issues.
you receive at maturity is interest income. Generally, you 
report this interest income when the bill is paid at maturity. 
                                                                   Bonds Sold Between Interest Dates
If you paid a premium for a bill (more than face value), you 
generally report the premium as a section 171 deduction            If you sell a bond between interest payment dates, part of 
when  the  bill  is  paid  at  maturity.  See Discount  on         the sales price represents interest accrued to the date of 
Short-Term Obligations, later.                                     sale. You must report that part of the sales price as inter-
If you reinvest your Treasury bill at its maturity in a new        est income for the year of sale.
Treasury bill, note, or bond, you will receive payment for 
the  difference  between  the  proceeds  of  the  maturing  bill 

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If you buy a bond between interest payment dates, part               There are other requirements for tax-exempt bonds. Con-
of the purchase price represents interest accrued before             tact the issuing state or local government agency or see 
the  date  of  purchase.  When  that  interest  is  paid  to  you,   sections 103 and 141 through 150 of the Internal Revenue 
treat it as a return of your capital investment, rather than         Code and the related regulations.
interest income, by reducing your basis in the bond. See 
                                                                           Obligations  that  are  not  bonds. Interest  on  a 
Accrued interest on bonds, later in this chapter, for infor-
                                                                     TIP   state  or  local  government  obligation  may  be  tax 
mation on reporting the payment.
                                                                           exempt  even  if  the  obligation  is  not  a  bond.  For 
                                                                     example, interest on a debt evidenced only by an ordinary 
Insurance                                                            written  agreement  of  purchase  and  sale  may  be  tax  ex-
                                                                     empt.  Also,  interest  paid  by  an  insurer  on  default  by  the 
Life insurance proceeds paid to you as the beneficiary of            state or political subdivision may be tax exempt.
the insured person usually are not taxable. But if you re-
ceive the proceeds in installments, you usually must report 
                                                                     Registration requirement.     A bond issued after June 30, 
part of each installment payment as interest income.
                                                                     1983, generally must be in registered form for the interest 
For  more  information  about  insurance  proceeds  re-              to be tax exempt.
ceived in installments, see Pub. 525.
                                                                     Indian  tribal  government.   Bonds  issued  after  1982  by 
Interest option on insurance.    If you leave life insurance         an Indian tribal government (including tribal economic de-
proceeds on deposit with an insurance company under an               velopment  bonds  issued  after  February  17,  2009)  are 
agreement to pay interest only, the interest paid to you is          treated as issued by a state. Interest on these bonds gen-
taxable.                                                             erally  is  tax  exempt  if  the  bonds  are  part  of  an  issue  of 
                                                                     which substantially all proceeds are to be used in the ex-
Annuity. If  you  buy  an  annuity  with  life  insurance  pro-      ercise of any essential government function. However, the 
ceeds,  the  annuity  payments  you  receive  are  taxed  as         proceeds of a tribal economic development bond issued 
pension and annuity income from a nonqualified plan, not             after February 17, 2009, are not required to be used in the 
as interest income. See Pub. 939, General Rule for Pen-              exercise of an essential government function in order for 
sions and Annuities, for information on taxation of pension          the bond to receive tax-exempt treatment. Interest on pri-
and annuity income from nonqualified plans.                          vate  activity  bonds  (other  than  certain  bonds  for  tribal 
                                                                     manufacturing facilities) is taxable.
State or Local
                                                                     Original  issue  discount.    Original  issue  discount  (OID) 
Government Obligations                                               on tax-exempt state or local government bonds is treated 
Interest you receive on an obligation issued by a state or           as tax-exempt interest.
local  government  generally  is  not  taxable.  The  issuer         For information on the treatment of OID when you dis-
should be able to tell you whether the interest is taxable.          pose of a tax-exempt bond, see    Tax-exempt state and lo-
The issuer also should give you a periodic (or year-end)             cal government bonds, later.
statement  showing  the  tax  treatment  of  the  obligation.  If    Stripped  bonds  or  coupons.        For  special  rules  that 
you  invested  in  the  obligation  through  a  trust,  a  fund,  or apply  to  stripped  tax-exempt  obligations,  see  Stripped 
other organization, that organization should give you this           Bonds and Coupons, later.
information.
                                                                     Information  reporting  requirement. If  you  must  file  a 
         Even if interest on the obligation is not subject to 
                                                                     tax return, you are required to show any tax-exempt inter-
!        income tax, you may have to report a capital gain           est you received on your return. This is an information re-
CAUTION  or  loss  when  you  sell  it.  Estate,  gift,  or  genera-
                                                                     porting  requirement  only.  It  does  not  change  tax-exempt 
tion-skipping tax may apply to other dispositions of the ob-
                                                                     interest to taxable interest. See Reporting tax-exempt in-
ligation.
                                                                     terest, later in this chapter.

Tax-Exempt Interest                                                  Taxable Interest

Interest on a bond used to finance government operations             Interest on some state or local obligations is taxable.
generally is not taxable if the bond is issued by a state, the 
District of Columbia, a U.S. territory, or any of their political    Federally guaranteed bonds.   Interest on federally guar-
subdivisions. Political subdivisions include:                        anteed state or local obligations issued after 1983 gener-
 Port authorities,                                                 ally is taxable. This rule does not apply to interest on obli-
                                                                     gations  guaranteed  by  the  following  U.S.  government 
 Toll road commissions,                                            agencies.
 Utility services authorities,                                     Bonneville Power Authority (if the guarantee was un-
 Community redevelopment agencies, and                               der the Northwest Power Act as in effect on July 18, 
                                                                       1984).
 Qualified volunteer fire departments (for certain obli-
   gations issued after 1980).                                       Department of Veterans Affairs.

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Federal home loan banks. (The guarantee must be               a. Secured by an interest in property to be used for a 
  made after July 30, 2008, in connection with the origi-       private business use (or payments for this prop-
  nal bond issue during the period beginning on July 30,        erty), or
  2008, and ending on December 31, 2010 (or a re-
                                                                b. Derived from payments for property (or borrowed 
  newal or extension of a guarantee so made), and the 
                                                                money) used for a private business use.
  bank must meet safety and soundness requirements.)
Federal Home Loan Mortgage Corporation.                     Also,  a  bond  generally  is  considered  a  private  activity 
                                                              bond if the proceeds to be used to make or finance loans 
Federal Housing Administration.                             to persons other than government units is more than 5% 
Federal National Mortgage Association.                      of the proceeds or $5 million (whichever is less).
Government National Mortgage Corporation.                   Qualified bond. Interest on a private activity bond that 
                                                              is a qualified bond is tax exempt. A qualified bond is an 
Resolution Funding Corporation.                             exempt-facility bond (including an enterprise zone facility 
Student Loan Marketing Association.                         bond,  a  New  York  Liberty  bond,  a  Midwestern  disaster 
                                                              area bond, a Hurricane Ike disaster area bond, a Gulf Op-
Tax credit bonds. Use Form 8912, Credit to Holders of         portunity Zone bond treated as an exempt-facility bond, or 
Tax Credit Bonds, to claim the credit for the following tax   any  recovery  zone  facility  bond),  qualified  student  loan 
credit bonds.                                                 bond, qualified small issue bond (including a tribal manu-
Clean renewable energy bond (CREB).                         facturing  facility  bond),  qualified  redevelopment  bond, 
                                                              qualified  mortgage  bond  (including  a  Gulf  Opportunity 
New clean renewable energy bond (NCREB).                    Zone bond, a Midwestern disaster area bond, or a Hurri-
Qualified energy conservation bond (QECB).                  cane  Ike  disaster  area  bond  treated  as  a  qualified  mort-
                                                              gage bond), qualified veterans' mortgage bond, or quali-
Qualified zone academy bond (QZAB).
                                                              fied  501(c)(3)  bond  (a  bond  issued  for  the  benefit  of 
Qualified school construction bond (QSCB).                  certain tax-exempt organizations).
                                                              Interest  you  receive  on  these  tax-exempt  bonds,  if  is-
Build America bond (BAB).
                                                              sued after August 7, 1986, generally is a “tax preference 
Generally, in lieu of, or in addition to, receiving periodic  item” and may be subject to the AMT. See Form 6251 and 
interest payments from the issuer, the holder of the bond     its instructions for more information.
is allowed an income tax credit. The credit compensates       The interest on the following bonds is not a tax prefer-
the holder for lending money to the issuer and functions      ence item and is not subject to the AMT.
as interest paid on the bond.
See the Instructions for Form 8912, Credit to Holders of      Qualified 501(c)(3) bonds.
Tax Credit Bonds, for details and instructions.               New York Liberty bonds.
Mortgage  revenue  bonds.    The  proceeds  of  these         Gulf Opportunity Zone bonds.
bonds are used to finance mortgage loans for homebuy-         Midwestern disaster area bonds.
ers. Generally, interest on state or local government home 
mortgage bonds issued after April 24, 1979, is taxable un-    Hurricane Ike disaster area bonds.
less the bonds are qualified mortgage bonds or qualified      Exempt facility bonds for qualified residential rental 
veterans' mortgage bonds.                                       projects issued after July 30, 2008.
Arbitrage bonds. Interest on arbitrage bonds issued by        Qualified mortgage bonds issued after July 30, 2008.
state or local governments after October 9, 1969, is taxa-    Qualified veterans' mortgage bonds issued after July 
ble. An arbitrage bond is a bond of which any portion of        30, 2008.
the proceeds is expected to be used to buy (or to replace 
funds used to buy) higher yielding investments. A bond is     Qualified bonds issued in 2009 or 2010.                    The inter-
treated as an arbitrage bond if the issuer intentionally uses est on any qualified bond issued in 2009 or 2010 is not a 
any part of the proceeds of the issue in this manner.         tax preference item and is not subject to the AMT. For this 
                                                              purpose, a refunding bond (whether a current or advanced 
Private  activity  bonds. Interest  on  a  private  activity  refunding) is treated as issued on the date the refunded 
bond that is not a qualified bond (defined below) is taxa-    bond was issued (or on the date the original bond was is-
ble. Generally, a private activity bond is part of a state or sued in the case of a series of refundings). However, this 
local government bond issue that meets both the following     rule does not apply to any refunding bond issued to refund 
requirements.                                                 any qualified bond issued during 2004 through 2008 or af-
                                                              ter 2010.
1. More than 10% of the proceeds of the issue is to be 
  used for a private business use.                            Qualified  bonds  issued  after  December  31,  2010. 
                                                              A portion of the interest on specified private activity bonds 
2. More than 10% of the payment of the principal or in-       issued after December 31, 2010, may be a tax preference 
  terest is:                                                  item subject to the AMT. The tax preference status will ap-
                                                              ply to the portion of the interest that remains after reducing 

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it by deductions that would be allowed if the interest were          Local  Government  Obligations,  earlier,  for  exceptions). 
taxable.                                                             See also REMICs, FASITs, and Other CDOs, later, for in-
                                                                     formation about applying the rules discussed in this sec-
  Enterprise  zone  facility  bonds. Interest  on  certain 
                                                                     tion to the regular interest holder of a real estate mortgage 
private  activity  bonds  issued  by  a  state  or  local  govern-
                                                                     investment conduit, a financial asset securitization invest-
ment to finance a facility used in an empowerment zone or 
                                                                     ment trust, or other CDO.
enterprise community is tax exempt.

  New York Liberty bonds.   New York Liberty bonds are               Original Issue
bonds issued after March 9, 2002, to finance the construc-
tion  and  rehabilitation  of  real  property  in  the  designated   Discount (OID)

“Liberty Zone” of New York City. Interest on these bonds is          OID is a form of interest. You generally include OID in your 
tax exempt.                                                          income as it accrues over the term of the debt instrument, 
Market discount. Market discount on a tax-exempt bond                whether or not you receive any payments from the issuer.
is  not  tax  exempt.  If  you  bought  the  bond  after  April  30, A debt instrument generally has OID when the instru-
1993, you can choose to accrue the market discount over              ment  is  issued  for  a  price  that  is  less  than  its  stated  re-
the period you own the bond and include it in your income            demption price at maturity. OID is the difference between 
currently as taxable interest. See Market Discount Bonds,            the  stated  redemption  price  at  maturity  and  the  issue 
later. If you do not make that choice, or if you bought the          price.
bond before May 1, 1993, any gain from market discount 
is taxable when you dispose of the bond.                             All debt instruments that pay no interest before maturity 
  For  more  information  on  the  treatment  of  market  dis-       are  presumed  to  be  issued  at  a  discount.  Zero  coupon 
count when you dispose of a tax-exempt bond, see       Dis-          bonds are one example of these instruments.
counted Debt Instruments, later.                                     The  OID  accrual  rules  generally  do  not  apply  to 
                                                                     short-term obligations (those with a fixed maturity date of 
                                                                     1  year  or  less  from  date  of  issue).  See Discount  on 
                                                                     Short-Term Obligations, later.
Discount on                                                          For information about the sale of a debt instrument with 
                                                                     OID,  see Original  issue  discount  (OID)  on  debt  instru-
Debt Instruments
                                                                     ments, later.

                                                                     De minimis OID. You can treat the discount as zero if it is 
Terms you may need to know 
                                                                     less than one-fourth of 1% (0.0025) of the stated redemp-
(see Glossary):                                                      tion price at maturity multiplied by the number of full years 
   Market discount                                                   from the date of original issue to maturity. This small dis-
                                                                     count is known as “de minimis” OID. In the case of a debt 
   Market discount bond
                                                                     instrument  providing  for  more  than  one  stated  principal 
   Original issue discount (OID)                                     payment (an installment obligation), the “de minimis” for-
   Premium                                                           mula described above is modified. See Regulations sec-
                                                                     tion 1.1273-1(d)(3).
 
                                                                     Example 1.    You bought a 10-year bond with a stated 
A  debt  instrument,  such  as  a  bond,  note,  debenture,  or      redemption  price  at  maturity  of  $1,000,  issued  at  $980 
other evidence of indebtedness, that bears no interest or            with  OID  of  $20.  One-fourth  of  1%  of  $1,000  (stated  re-
bears interest at a lower than current market rate usually           demption  price)  times  10  (the  number  of  full  years  from 
will be issued at less than its face amount. This discount           the date of original issue to maturity) equals $25. Because 
is, in effect, additional interest income. The following are         the  $20  discount  is  less  than  $25,  the  OID  is  treated  as 
some types of discounted debt instruments.                           zero. (If you hold the bond at maturity, you will recognize 
 U.S. Treasury bonds.                                              $20 ($1,000 − $980) of capital gain.)

 Corporate bonds.                                                  Example 2.    The facts are the same as in      Example 1, 
 Municipal bonds.                                                  except that the bond was issued at $950. The OID is $50. 
                                                                     Because the $50 discount is more than the $25 figured in 
 Certificates of deposit.                                          Example 1, you must include the OID in income as it ac-
 Notes between individuals.                                        crues over the term of the bond.
 Stripped bonds and coupons.                                       Debt instrument bought after original issue.            If you 
                                                                     buy a debt instrument with de minimis OID at a premium, 
 Collateralized debt obligations (CDOs).                           the discount is not includible in income. If you buy a debt 
The  discount  on  these  instruments  (except  municipal            instrument with de minimis OID at a discount, the discount 
bonds) is taxable in most instances. The discount on mu-             is  reported  under  the  market  discount  rules.  See Market 
nicipal  bonds  generally  is  not  taxable  (but  see State  or     Discount Bonds, later in this chapter.

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Exceptions to reporting OID as current income.                      Refiguring  OID  shown  on  Form  1099-OID.          You  may 
The OID rules discussed here do not apply to the fol-               need to refigure the OID shown in box 1 or box 8 of Form 
lowing debt instruments.                                            1099-OID if either of the following apply.
1. Tax-exempt obligations. (However, see Stripped                   You bought the debt instrument after its original issue 
tax-exempt obligations, later.)                                       and paid a premium or an acquisition premium.
2. U.S. savings bonds.                                              The debt instrument is a stripped bond or a stripped 
                                                                      coupon (including certain zero coupon instruments). 
3. Short-term debt instruments (those with a fixed matur-             See Figuring OID, later in this chapter.
ity date of not more than 1 year from the date of is-
sue).                                                               See Original issue discount (OID) adjustment, later in this 
                                                                    chapter,  for  information  about  reporting  the  correct 
4. Obligations issued by an individual before March 2,              amount of OID.
1984.
                                                                    Premium.   You bought a debt instrument at a premium 
5. Loans between individuals, if all the following are true.        if  its  adjusted  basis  immediately  after  purchase  was 
a. The lender is not in the business of lending money.              greater than the total of all amounts payable on the instru-
                                                                    ment after the purchase date, other than qualified stated 
b. The amount of the loan, plus the amount of any                   interest.
       outstanding prior loans between the same individ-            If you bought an OID debt instrument at a premium, you 
       uals, is $10,000 or less.                                    generally  do  not  have  to  report  any  OID  as  ordinary  in-
                                                                    come.
c. Avoiding any federal tax is not one of the principal 
       purposes of the loan.                                        Qualified stated interest.  In general, this is stated in-
                                                                    terest  unconditionally  payable  in  cash  or  property  (other 
Form 1099-OID                                                       than debt instruments of the issuer) at least annually at a 
                                                                    fixed rate.
The  issuer  of  the  debt  instrument  (or  your  broker,  if  you 
held  the  instrument  through  a  broker)  should  give  you       Acquisition  premium. You  bought  a  debt  instrument 
Form 1099-OID, or a similar statement, if the total OID for         at an acquisition premium if both the following are true.
the  calendar  year  is  $10  or  more.  Form  1099-OID  will       You did not pay a premium.
show, in box 1, the amount of OID for the part of the year 
that you held the bond. It also will show, in box 2, the sta-       The instrument's adjusted basis immediately after pur-
                                                                      chase (including purchase at original issue) was 
ted interest you must include in your income. Box 8 shows 
                                                                      greater than its adjusted issue price. This is the issue 
OID on a U.S. Treasury obligation for the part of the year 
                                                                      price plus the OID previously accrued, minus any pay-
you owned it and is not included in box 1. Box 10 shows 
                                                                      ment previously made on the instrument other than 
bond premium amortization. A copy of Form 1099-OID will 
                                                                      qualified stated interest.
be sent to the IRS. Do not file your copy with your return. 
Keep it for your records.                                           Acquisition premium reduces the amount of OID includible 
                                                                    in your income. For information about figuring the correct 
In  most  cases,  you  must  report  the  entire  amount  in        amount of OID to include in your income, see Figuring OID 
boxes 1, 2, and 8 of Form 1099-OID as interest income.              on Long-Term Debt Instruments in Pub. 1212.
But see Refiguring OID shown on Form 1099-OID, later in 
this discussion, and also Original issue discount (OID) ad-         Refiguring  periodic  interest  shown  on  Form 
justment, later in this chapter, for more information.              1099-OID.  If  you  disposed  of  a  debt  instrument  or  ac-
                                                                    quired it from another holder during the year, see   Bonds 
Form  1099-OID  not  received.   If  you  had  OID  for  the        Sold Between Interest Dates, earlier, for information about 
year but did not receive a Form 1099-OID, you may have              the  treatment  of  periodic  interest  that  may  be  shown  in 
to figure the correct amount of OID to report on your re-           box 2 of Form 1099-OID for that instrument.
turn. See Pub. 1212 for details on how to figure the correct 
OID.                                                                Applying the OID Rules
Nominee. If  someone  else  is  the  holder  of  record  (the 
                                                                    The  rules  for  reporting  OID  depend  on  the  date  the 
registered owner) of an OID instrument belonging to you 
                                                                    long-term debt instrument was issued.
and receives a Form 1099-OID on your behalf, that person 
must give you a Form 1099-OID.                                      Debt  instruments  issued  after  May  27,  1969  (after 
If you receive a Form 1099-OID that includes amounts                July 1, 1982, if a government instrument), and before 
belonging  to  another  person,  see Nominee  distributions,        1985. If  you  hold  these  debt  instruments  as  capital  as-
later.                                                              sets, you must include a part of the discount in your gross 
                                                                    income each year that you own the instruments.
                                                                    Effect  on  basis. Your  basis  in  the  instrument  is  in-
                                                                    creased by the amount of OID you include in your gross 
                                                                    income.

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Debt instruments issued after 1984. For these debt in-          Face-Amount Certificates
struments, you report the total OID that applies each year 
regardless of whether you hold that debt instrument as a        These certificates are subject to the OID rules. They are a 
capital asset.                                                  form  of  endowment  contracts  issued  by  insurance  or  in-
                                                                vestment companies for either a lump-sum payment or pe-
Effect  on  basis. Your  basis  in  the  instrument  is  in-
                                                                riodic payments, with the face amount becoming payable 
creased by the amount of OID you include in your gross 
                                                                on the maturity date of the certificate.
income.
                                                                In general, the difference between the face amount and 
Certificates of Deposit (CDs)                                   the amount you paid for the contract is OID. You must in-
                                                                clude a part of the OID in your income over the term of the 
A CD is a debt instrument.
                                                                certificate.
If you buy a CD with a maturity of more than 1 year, you 
must include in income each year a part of the total inter-     The  issuer  must  give  you  a  statement  on  Form 
est due and report it in the same manner as other OID.          1099-OID indicating the amount you must include in your 
                                                                income each year.
This also applies to similar deposit arrangements with 
banks, building and loan associations, etc., including:         Inflation-Indexed
 Time deposits,                                               Debt Instruments

 Bonus plans,                                                 If you hold an inflation-indexed debt instrument (other than 
 Savings certificates,                                        a Series I U.S. savings bond), you must report as OID any 
                                                                increase  in  the  inflation-adjusted  principal  amount  of  the 
 Deferred income certificates,                                instrument that occurs while you held the instrument dur-
 Bonus savings certificates, and                              ing  the  year.  In  general,  an  inflation-indexed  debt  instru-
                                                                ment is a debt instrument on which the payments are ad-
 Growth savings certificates.                                 justed  for  inflation  and  deflation  (such  as  Treasury 
Bearer CDs.    CDs issued after 1982 generally must be in       Inflation-Protected  Securities).  You  should  receive  Form 
registered  form.  Bearer  CDs  are  CDs  not  in  registered   1099-OID  from  the  payer  showing  the  amount  you  must 
form. They are not issued in the depositor's name and are       report as OID and any qualified stated interest paid to you 
transferable from one individual to another.                    during the year. For more information, see Pub. 1212.
Banks must provide the IRS and the person redeeming 
a bearer CD with a Form 1099-INT.                               Stripped Bonds and Coupons

Time  deposit  open  account  arrangement.   This  is  an       If you strip one or more coupons from a bond and sell the 
arrangement with a fixed maturity date in which you make        bond or the coupons, the bond and coupons are treated 
deposits  on  a  schedule  arranged  between  you  and  your    as separate debt instruments issued with OID.
bank. But there is no actual or constructive receipt of inter-
est until the fixed maturity date is reached. For instance,     The holder of a stripped bond has the right to receive 
you and your bank enter into an arrangement under which         the principal (redemption price) payment. The holder of a 
you agree to deposit $100 each month for a period of 5          stripped  coupon  has  the  right  to  receive  interest  on  the 
years. Interest will be compounded twice a year at 7 / %, 1 2   bond.
but payable only at the end of the 5-year period. You must 
include a part of the interest in your income as OID each       Stripped bonds and stripped coupons include:
year. Each year the bank must give you a Form 1099-OID          Zero coupon instruments available through the De-
to show you the amount you must include in your income            partment of the Treasury's Separate Trading of Regis-
for the year.                                                     tered Interest and Principal of Securities (STRIPS) 
                                                                  program and government-sponsored enterprises such 
Redemption  before  maturity.    If,  before  the  maturity       as the Resolution Funding Corporation and the Fi-
date, you redeem a deferred interest account for less than        nancing Corporation; and
its  stated  redemption  price  at  maturity,  you  can  deduct 
OID that you previously included in income but did not re-      Instruments backed by U.S. Treasury securities that 
ceive.                                                            represent ownership interests in those securities, such 
                                                                  as obligations backed by U.S. Treasury bonds offered 
Renewable certificates.   If you renew a CD at maturity, it       primarily by brokerage firms.
is treated as a redemption and a purchase of a new certifi-
cate. This is true regardless of the terms of renewal.          Seller. If you strip coupons from a bond and sell the bond 
                                                                or  coupons,  include  in  income  the  interest  that  accrued 
                                                                while you held the bond before the date of sale, to the ex-
                                                                tent you did not previously include this interest in your in-
                                                                come. For an obligation acquired after October 22, 1986, 
                                                                you  also  must  include  the  market  discount  that  accrued 

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before the date of sale of the stripped bond (or coupon) to        Market Discount Bonds
the extent you did not previously include this discount in 
your income.                                                       A  market  discount  bond  is  any  bond  having  market  dis-
Add the interest and market discount that you include in           count except:
income  to  the  basis  of  the  bond  and  coupons.  Allocate 
this adjusted basis between the items you keep and the             Short-term obligations (those with fixed maturity dates 
items you sell, based on the fair market value of the items.         of up to 1 year from the date of issue),
The difference between the sale price of the bond (or cou-         Tax-exempt obligations you bought before May 1, 
pon)  and  the  allocated  basis  of  the  bond  (or  coupon)  is    1993,
your gain or loss from the sale.
Treat any item you keep as an OID bond originally is-              U.S. savings bonds, and
sued  and  bought  by  you  on  the  sale  date  of  the  other    Certain installment obligations.
items.  If  you  keep  the  bond,  treat  the  amount  of  the  re-
demption price of the bond that is more than the basis of           Market discount arises when the value of a debt obliga-
the  bond  as  OID.  If  you  keep  the  coupons,  treat  the      tion decreases after its issue date. Generally, this is due to 
amount payable on the coupons that is more than the ba-            an increase in interest rates. If you buy a bond on the sec-
sis of the coupons as OID.                                         ondary market, it may have market discount.

Buyer. If  you  buy  a  stripped  bond  or  stripped  coupon,       When you buy a market discount bond, you can choose 
treat it as if it were originally issued on the date you buy it.   to accrue the market discount over the period you own the 
If you buy a stripped bond, treat as OID any excess of the         bond and include it in your income currently as interest in-
stated  redemption  price  at  maturity  over  your  purchase      come. If you do not make this choice, the following rules 
price. If you buy a stripped coupon, treat as OID any ex-          generally apply.
cess of the amount payable on the due date of the coupon           You must treat any gain when you dispose of the bond 
over your purchase price.                                            as ordinary interest income, up to the amount of the 
                                                                     accrued market discount. See Discounted Debt Instru-
Figuring  OID. The  rules  for  figuring  OID  on  stripped 
                                                                     ments, later.
bonds and stripped coupons depend on the date the debt 
instruments were purchased, not the date issued.                   You must treat any partial payment of principal on the 
You  must  refigure  OID  shown  on  the  Form  1099-OID             bond as ordinary interest income, up to the amount of 
you receive for a stripped bond or coupon. For information           the accrued market discount. See Partial principal 
about figuring the correct amount of OID on these instru-            payments, later in this discussion.
ments  to  include  in  your  income,  see Figuring  OID  on         If you borrow money to buy or carry the bond, your de-
                                                                   
Stripped  Bonds  and  Coupons  in  Pub.  1212.  Owners  of           duction for interest paid on the debt is limited. See 
stripped bonds and coupons should not rely on the OID                Limit on interest deduction for market discount bonds, 
shown in Section II of the OID tables (available by going to         later.
IRS.gov  and  searching  for  “OID  Tables”)  because  the 
amounts listed in Section II for stripped bonds or coupons         Market  discount. Market  discount  is  the  amount  of  the 
are figured without reference to the date or price at which        stated redemption price of a bond at maturity that is more 
you acquired them.                                                 than your basis in the bond immediately after you acquire 
Stripped  inflation-indexed  debt  instruments.       OID          it.  You  treat  market  discount  as  zero  if  it  is  less  than 
on  stripped  inflation-indexed  debt  instruments  is  figured    one-fourth of 1% (0.0025) of the stated redemption price 
under the discount bond method. This method is descri-             of the bond multiplied by the number of full years to matur-
bed in Regulations section 1.1275-7(e).                            ity (after you acquire the bond).
                                                                    If a market discount bond also has OID, the market dis-
Stripped  tax-exempt  obligations. You  do  not  have  to          count  is  the  sum  of  the  bond's  issue  price  and  the  total 
pay tax on OID on any stripped tax-exempt bond or cou-             OID  includible  in  the  gross  income  of  all  holders  (for  a 
pon you bought before June 11, 1987. However, if you ac-           tax-exempt bond, the total OID that accrued) before you 
quired it after October 22, 1986, you must accrue OID on           acquired the bond, reduced by your basis in the bond im-
it to determine its basis when you dispose of it. See Origi-       mediately after you acquired it.
nal issue discount (OID) on debt instruments, later.
You may have to pay tax on part of the OID on stripped             Bonds  acquired  at  original  issue. Generally,  a  bond 
tax-exempt bonds or coupons that you bought after June             you  acquired  at  original  issue  is  not  a  market  discount 
10, 1987. For information on figuring the taxable part, see        bond.  If  your  adjusted  basis  in  a  bond  is  determined  by 
Tax-Exempt  Bonds  and  Coupons  under     Figuring  OID  on       reference to the adjusted basis of another person who ac-
Stripped Bonds and Coupons in Pub. 1212.                           quired the bond at original issue, you also are considered 
                                                                   to have acquired it at original issue.
                                                                    Exceptions.    A bond you acquired at original issue can 
                                                                   be a market discount bond if either of the following is true.
                                                                   Your cost basis in the bond is less than the bond's is-
                                                                     sue price.

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 The bond is issued in exchange for a market discount             the discount in income currently, you must treat the pay-
   bond under a plan of reorganization. (This does not              ment as ordinary interest income up to the amount of the 
   apply if the bond is issued in exchange for a market             bond's  accrued  market  discount.  Reduce  the  amount  of 
   discount bond issued before July 19, 1984, and the               accrued market discount reportable as interest at disposi-
   terms and interest rates of both bonds are the same.)            tion by that amount.
                                                                    There are three methods you can use to figure accrued 
Accrued  market  discount.  The  accrued  market  dis-              market discount for this purpose.
count is figured in one of two ways.
                                                                    1. On the basis of the constant yield method, described 
Ratable  accrual  method.   Treat  the  market  discount              earlier.
as  accruing  in  equal  daily  installments  during  the  period 
you hold the bond. Figure the daily installments by divid-          2. In proportion to the accrual of OID for any accrual pe-
ing  the  market  discount  by  the  number  of  days  after  the     riod, if the debt instrument has OID.
date you acquired the bond, up to and including its matur-          3. In proportion to the amount of stated interest paid in 
ity  date.  Multiply  the  daily  installments  by  the  number  of   the accrual period, if the debt instrument has no OID.
days you held the bond to figure your accrued market dis-
count.                                                              Under  method  (2)  above,  figure  accrued  market  dis-
                                                                    count for a period by multiplying the total remaining mar-
Constant yield method.   Instead of using the ratable               ket discount by a fraction. The numerator (top part) of the 
accrual method, you can choose to figure the accrued dis-           fraction  is  the  OID  for  the  period,  and  the  denominator 
count  using  a  constant  interest  rate  (the  constant  yield    (bottom part) is the total remaining OID at the beginning of 
method). Make this choice by attaching to your timely filed         the period.
return  a  statement  identifying  the  bond  and  stating  that    Under  method  (3)  above,  figure  accrued  market  dis-
you  are  making  a  constant  interest  rate  election.  The       count for a period by multiplying the total remaining mar-
choice takes effect on the date you acquired the bond. If           ket discount by a fraction. The numerator is the stated in-
you choose to use this method for any bond, you cannot              terest paid in the accrual period, and the denominator is 
change your choice for that bond.                                   the total stated interest remaining to be paid at the begin-
For information about using the constant yield method,              ning of the accrual period.
see Constant yield method under Debt Instruments Issued 
After 1984 in Pub. 1212. To use this method to figure mar-
ket  discount  (instead  of  OID),  treat  the  bond  as  having    Discount on
been issued on the date you acquired it. Treat the amount           Short-Term Obligations
of your basis (immediately after you acquired the bond) as 
the issue price and apply the formula shown in Pub. 1212.           When  you  buy  a  short-term  obligation  (one  with  a  fixed 
                                                                    maturity  date  of  1  year  or  less  from  the  date  of  issue), 
Choosing to include market discount in income cur-                  other  than  a  tax-exempt  obligation,  you  generally  can 
rently. You can make this choice if you have not revoked            choose  to  include  any  discount  and  interest  payable  on 
a  prior  choice  to  include  market  discount  in  income  cur-   the obligation in income currently. If you do not make this 
rently within the last 5 calendar years. Make the choice by         choice, the following rules generally apply.
attaching to your timely filed return a statement in which          You must treat any gain when you sell, exchange, or 
you:                                                                  redeem the obligation as ordinary income, up to the 
 State that you have included market discount in your               amount of the ratable share of the discount. See Dis-
   gross income for the year under section 1278(b) of the             counted Debt Instruments, later.
   Internal Revenue Code, and                                       If you borrow money to buy or carry the obligation, 
 Describe the method you used to figure the accrued                 your deduction for interest paid on the debt is limited. 
   market discount for the year.                                      See Limit on interest deduction for short-term obliga-
                                                                      tions, later.
Once  you  make  this  choice,  it  will  apply  to  all  market 
discount  bonds  you  acquire  during  the  tax  year  and  in      Short-term obligations for which no choice is availa-
later tax years. You cannot revoke your choice without the          ble. You must include any discount or interest in current 
consent of the IRS. See Rev. Proc. 2023-24 for informa-             income as it accrues for any short-term obligation (other 
tion on how to revoke your election.                                than a tax-exempt obligation) that is:
Also, see Election To Report All Interest as OID, later. If 
you  make  that  election,  you  must  use  the  constant  yield    Held by an accrual-basis taxpayer;
method.                                                             Held primarily for sale to customers in the ordinary 
Effect on basis. You increase the basis of your bonds                 course of your trade or business;
by the amount of market discount you include in your in-            Held by a bank, regulated investment company, or 
come.                                                                 common trust fund;
Partial principal payments. If you receive a partial pay-           Held by certain pass-through entities;
ment of principal on a market discount bond you acquired            Identified as part of a hedging transaction; or
after October 22, 1986, and you did not choose to include 

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A stripped bond or stripped coupon held by the per-                    The  procedures  to  use  in  making  this  choice  are  the 
  son who stripped the bond or coupon (or by any other                 same as those described for choosing to include acquisi-
  person whose basis in the obligation is determined by                tion  discount  instead  of  OID  on  nongovernment  obliga-
  reference to the basis in the hands of the person who                tions in current income. However, you should indicate that 
  stripped the bond or coupon).                                        you are making the choice under section 1282(b)(2) of the 
                                                                       Internal Revenue Code.
Effect on basis.  Increase the basis of your obligation by               Also, see the following discussion. If you make the elec-
the amount of discount you include in income currently.                tion  to  report  all  interest  currently  as  OID,  you  must  use 
                                                                       the constant yield method.
Figuring the accrued discount.  Figure the accrued dis-
count  by  using  either  the  ratable  accrual  method  or  the 
constant  yield  method  discussed  in Accrued  market  dis-           Election To Report
count, earlier.                                                        All Interest as OID

Government  obligations.    For  an  obligation  described             Generally, you can elect to treat all interest on a debt in-
above  that  is  a  short-term  government  obligation,  the           strument acquired during the tax year as OID and include 
amount you include in your income for the current year is              it in income currently. For purposes of this election, inter-
the accrued acquisition discount, if any, plus any other ac-           est includes stated interest, acquisition discount, OID, de 
crued  interest  payable  on  the  obligation.  The  acquisition       minimis  OID,  market  discount,  de  minimis  market  dis-
discount is the stated redemption price at maturity minus              count, and unstated interest as adjusted by any amortiza-
your basis.                                                            ble  bond  premium  or  acquisition  premium.  See  Regula-
If you choose to use the constant yield method to figure               tions section 1.1272-3.
accrued  acquisition  discount,  treat  the  cost  of  acquiring 
the obligation as the issue price. If you choose to use this 
method, you cannot change your choice.
                                                                       When To Report
Nongovernment  obligations.   For  an  obligation  listed 
above that is not a government obligation, the amount you              Interest Income
include in your income for the current year is the accrued 
OID, if any, plus any other accrued interest payable. If you           Terms you may need to know 
choose the constant yield method to figure accrued OID, 
                                                                       (see Glossary):
apply it by using the obligation's issue price.
                                                                         Accrual method
Choosing to include accrued acquisition discount 
instead  of  OID. You  can  choose  to  report  accrued  ac-             Cash method
quisition discount (defined earlier under Government obli-              
gations) rather than accrued OID on these short-term obli-
gations.  Your  choice  will  apply  to  the  year  for  which  it  is When to report your interest income depends on whether 
made and to all later years and cannot be changed with-                you use the cash method or an accrual method to report 
out the consent of the IRS.                                            income.
You must make your choice by the due date of your re-
turn, including extensions, for the first year for which you           Cash  method. Most  individual  taxpayers  use  the  cash 
are making the choice. Attach a statement to your return               method. If you use this method, you generally report your 
or amended return indicating:                                          interest income in the year in which you actually or con-
                                                                       structively receive it. However, there are special rules for 
Your name, address, and social security number;
                                                                       reporting  the  discount  on  certain  debt  instruments.  See 
The choice you are making and that it is being made                  U.S.  Savings  Bonds  and Discount  on  Debt  Instruments, 
  under section 1283(c)(2) of the Internal Revenue                     earlier.
  Code;
                                                                         Example. On September 1, 2021, you loaned another 
The period for which the choice is being made and the 
                                                                       individual  $2,000  at  4%  compounded  annually.  You  are 
  obligation to which it applies; and
                                                                       not in the business of lending money. The note stated that 
Any other information necessary to show you are enti-                principal and interest would be due on August 31, 2023. In 
  tled to make this choice.                                            2023,  you  received  $2,163.20  ($2,000  principal  and 
                                                                       $163.20 interest). If you use the cash method, you must 
Choosing to include accrued discount and other in-                     include in income on your 2023 return the $163.20 in inter-
terest in current income.   If you acquire short-term dis-             est you received in that year.
count obligations that are not subject to the rules for cur-
rent inclusion in income of the accrued discount or other                Constructive  receipt.  You  constructively  receive  in-
interest,  you  can  choose  to  have  those  rules  apply.  This      come when it is credited to your account or made availa-
choice  applies  to  all  short-term  obligations  you  acquire        ble to you. You do not need to have physical possession of 
during the year and in all later years. You cannot change              it. For example, you are considered to receive interest, div-
this choice without the consent of the IRS.                            idends, or other earnings on any deposit or account in a 

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bank, savings and loan association, or similar financial in-        6. You received a Form 1099-INT for interest on frozen 
stitution, or interest on life insurance policy dividends left      deposits.
to  accumulate,  when  they  are  credited  to  your  account 
                                                                    7. You received a Form 1099-INT for interest on a bond 
and subject to your withdrawal.
                                                                    you bought between interest payment dates.
  You constructively receive income on the deposit or ac-
count even if you must:                                             8. You are reporting OID in an amount less than the 
 Make withdrawals in multiples of even amounts,                   amount shown on Form 1099-OID.
 Give a notice to withdraw before making the with-                9. You are reporting interest income of less than the 
   drawal,                                                          amount shown on a Form 1099 due to amortizable 
                                                                    bond premium.
 Withdraw all or part of the account to withdraw the 
   earnings, or                                                     In Part I, line 1, list each payer's name and the amount re-
                                                                    ceived  from  each.  If  you  received  a  Form  1099-INT  or 
 Pay a penalty on early withdrawals, unless the interest          Form 1099-OID from a brokerage firm, list the brokerage 
   you are to receive on an early withdrawal or redemp-             firm as the payer.
   tion is substantially less than the interest payable at 
   maturity.                                                        Reporting  tax-exempt  interest.    Total  your  tax-exempt 
                                                                    interest (such as interest or accrued OID on certain state 
Accrual method.  If you use an accrual method, you re-              and  municipal  bonds,  including  zero  coupon  municipal 
port your interest income when you earn it, whether or not          bonds)  reported  on  Form  1099-INT,  box  8;  Form 
you  have  received  it.  Interest  is  earned  over  the  term  of 1099-OID, box 11; and exempt-interest dividends from a 
the debt instrument.                                                mutual fund or other regulated investment company repor-
  Example.   If, in the previous example, you use an ac-            ted on Form 1099-DIV, box 12. Add these amounts to any 
crual method, you must include the interest in your income          other tax-exempt interest you received. Report the total on 
as  you  earn  it.  You  would  report  the  interest  as  follows: line 2a of Form 1040 or 1040-SR.
2021, $26.67; 2022, $81.06; and 2023, $55.47.                       Form  1099-INT,  box  9,  and  Form  1099-DIV,  box  13, 
                                                                    show the tax-exempt interest subject to the AMT on Form 
Coupon bonds.    Generally, interest on coupon bonds is             6251. These amounts already are included in the amounts 
taxable in the year the coupon becomes due and payable.             on Form 1099-INT, box 8, and Form 1099-DIV, box 12. Do 
It does not matter when you mail the coupon for payment.            not add the amounts in Form 1099-INT, box 9, and Form 
                                                                    1099-DIV, box 13, to, or subtract them from, the amounts 
                                                                    on Form 1099-INT, box 8, and Form 1099-DIV, box 12.
How To Report                                                               Do  not  report  interest  from  an  individual  retire-
                                                                            ment arrangement (IRA) as tax-exempt interest.
Interest Income                                                     CAUTION!

                                                                    Form 1099-INT.    Your taxable interest income, except for 
Terms you may need to know                                          interest from U.S. savings bonds and Treasury obligations, 
(see Glossary):                                                     is shown in box 1 of Form 1099-INT. Add this amount to 
                                                                    any  other  taxable  interest  income  you  received.  See  the 
   Nominee                                                          Form 1099-INT Instructions for Recipient if you have inter-
   Original issue discount (OID)                                    est from a security acquired at a premium. You must report 
                                                                    all your taxable interest income even if you do not receive 
                                                                    a Form 1099-INT. Contact your financial institution if you 
Generally,  you  report  all  your  taxable  interest  income  on   do  not  receive  a  Form  1099-INT  by  February  15.  Your 
Form 1040 or 1040-SR, line 2b.                                      identifying number may be truncated on any paper Form 
                                                                    1099-INT you receive.
  Schedule B (Form 1040).      You must complete Sched-             If  you  forfeited  interest  income  because  of  the  early 
ule B (Form 1040), Part I, if any of the following apply.           withdrawal of a time deposit, the deductible amount will be 
 1. Your taxable interest income is more than $1,500.               shown on Form 1099-INT in box 2. See  Penalty on early 
                                                                    withdrawal of savings, later.
 2. You are claiming the interest exclusion under the Edu-          Box 3 of Form 1099-INT shows the interest income you 
   cation Savings Bond Program (discussed earlier).                 received from U.S. savings bonds, Treasury bills, Treasury 
 3. You received interest from a seller-financed mortgage,          notes,  and  Treasury  bonds.  Generally,  add  the  amount 
   and the buyer used the property as a home.                       shown in box 3 to any other taxable interest income you 
                                                                    received. If part of the amount shown in box 3 was previ-
 4. You received a Form 1099-INT for U.S. savings bond              ously  included  in  your  interest  income,  see U.S.  savings 
   interest that includes amounts you reported in a previ-          bond  interest  previously  reported,  later.  If  you  redeemed 
   ous tax year.                                                    U.S. savings bonds you bought after 1989 and you paid 
 5. You received, as a nominee, interest that actually be-          qualified educational expenses, see Interest excluded un-
   longs to someone else.                                           der the Education Savings Bond Program, later.

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Box 4 of Form 1099-INT will contain an amount if you                 election in writing in accordance with Regulations section 
were  subject  to  backup  withholding.  Include  the  amount        1.6045-1(n)(5).
from box 4 on Form 1040 or 1040-SR, line 25b.                        For a taxable covered security, box 6 shows the amount 
Box  5  of  Form  1099-INT  shows  your  share  of  invest-          of  acquisition  premium  amortization  for  the  year  that  re-
ment expenses of a single-class REMIC. This amount is                duces  the  amount  of  OID  that  is  included  as  interest  on 
included in box 1 and is not deductible.                             your income tax return.
Box  6  of  Form  1099-INT  shows  foreign  tax  paid.  You          Box  9  of  Form  1099-OID  shows  your  share  of  invest-
may be able to claim this tax as a deduction or a credit on          ment expenses of a single-class REMIC. This amount is 
your Form 1040 or 1040-SR. See your tax return instruc-              not deductible.
tions. Box 7 of Form 1099-INT shows the country or U.S. 
territory to which the foreign tax was paid.                         U.S. savings bond interest previously reported.     If you 
For a covered security, if you made an election under                received a Form 1099-INT for U.S. savings bond interest, 
section 1278(b) to include market discount in income as it           the form may show interest you do not have to report. See 
accrues and you notified your payer of the election in writ-         Form 1099-INT for U.S. savings bond interest, earlier.
ing  in  accordance  with  Regulations  section  1.6045-1(n)         On Schedule B (Form 1040), Part I, line 1, report all the 
(5), box 10 of Form 1099-INT shows the market discount               interest shown on your Form 1099-INT. Then follow these 
that accrued on the debt instrument during the year while            steps.
held by you. Report this amount on your income tax return            1. Several rows above line 2, enter a subtotal of all inter-
as directed in the Instructions for Form 1040 or 1040-SR.            est listed on line 1.
For  a  covered  security,  box  11  shows  the  amount  of 
premium amortization for the year, unless you notified the           2. Below the subtotal, enter “U.S. Savings Bond Interest 
payer  in  writing  in  accordance  with  Regulations  section       Previously Reported” and enter amounts previously 
1.6045-1(n)(5) that you did not want to amortize bond pre-           reported or interest accrued before you received the 
mium under section 171. If an amount is reported in this             bond.
box, see the Instructions for Schedule B (Form 1040). If an          3. Subtract these amounts from the subtotal and enter 
amount is not reported in this box for a covered security            the result on line 2.
acquired  at  a  premium,  the  payer  has  reported  a  net 
amount of interest in box 1, 3, 8, or 9, whichever is appli-         Example  1.    Your  parents  bought  U.S.  savings  bonds 
cable. If the amount in this box is greater than the amount          for you when you were a child. The bonds were issued in 
of interest paid on the covered security, see Regulations            your  name,  and  the  interest  on  the  bonds  was  reported 
section 1.171-2(a)(4).                                               each  year  as  it  accrued.  See Choice  to  report  interest 
                                                                     each year, earlier.
Form  1099-OID. The  taxable  OID  on  a  discounted  obli-          In  March  2023,  you  redeemed  one  of  the  bonds—a 
gation  for  the  part  of  the  year  you  owned  it  is  shown  in $1,000 Series EE bond. The bond was originally issued in 
box 1 of Form 1099-OID. Include this amount in your total            March 2004 for $500.00. When you redeemed the bond, 
taxable interest income. But see Refiguring OID shown on             you received $729.20 for it.
Form  1099-OID,  earlier.  Your  identifying  number  may  be        The  Form  1099-INT  you  received  shows  interest  in-
truncated on any paper Form 1099-OID you receive.                    come of $229.20. However, since the interest on your sav-
You must report all taxable OID even if you do not re-               ings bonds was reported yearly, you need only include the 
ceive a Form 1099-OID.                                               $2.80  interest  that  accrued  from  January  2023  to  March 
Box 2 of Form 1099-OID shows any taxable interest on                 2023.
the obligation other than OID. Add this amount to the OID            On Schedule B (Form 1040), Part I, line 1, enter your in-
shown in box 1 and include the result in your total taxable          terest  income  as  shown  on  Form  1099-INT—$229.20.  If 
income.                                                              you had other taxable interest income, you would enter it 
If you bought and/or sold an obligation during the year,             next and then enter a subtotal, as described earlier, before 
see Bonds Sold Between Interest Dates, earlier, for infor-           going  to  the  next  step.  Several  rows  above  line  2,  enter 
mation about the treatment of periodic interest that may be          “U.S. Savings Bond Interest Previously Reported” and en-
shown in box 2 of Form 1099-OID.                                     ter  $226.40  ($229.20  −  $2.80).  Subtract  $226.40  from 
If you forfeited interest or principal on the obligation be-         $229.20  and  enter  $2.80  on  Schedule  B  (Form  1040), 
cause of an early withdrawal, the deductible amount will             line 2. Add this amount to your subtotal (if any) and in the 
be  shown  in  box  3.  See Penalty  on  early  withdrawal  of       total on Schedule B (Form 1040), line 4.
savings, later.
Box 4 of Form 1099-OID will contain an amount if you                 Example 2.     Your uncle died and left you a $1,000 Ser-
were  subject  to  backup  withholding.  Report  the  amount         ies EE bond. You redeem the bond for $1,000.
from box 4 on Form 1040 or 1040-SR, line 25b.                        Your  uncle  paid  $500  for  the  bond,  so  $500  of  the 
Box 5 shows the market discount that accrued on the                  amount you receive upon redemption is interest income. 
debt  instrument  during  the  year  while  held  by  you  for  a    Your uncle's executor included in your uncle's final return 
covered security acquired with OID, if you made an elec-             $200 of the interest that had accrued at the time of your 
tion  under  section  1278(b)  to  include  market  discount  in     uncle's  death.  You  have  to  include  only  $300  in  your  in-
income  as  it  accrues  and  you  notified  your  payer  of  the    come.

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The  bank  where  you  redeem  the  bond  gives  you  a                      this subtotal, enter “U.S. Savings Bond Interest Previously 
Form 1099-INT showing interest income of $500. You also                      Reported” and enter the amount figured on the worksheet 
receive a Form 1099-INT showing taxable interest income                      below.
of $300 from your savings account.
You file Form 1040 or 1040-SR and complete Sched-                            A.  Enter the amount of cash received upon 
ule B (Form 1040). On line 1 of Schedule B (Form 1040),                          redemption of the bond . . . . . . . . . . . . . . . . .     $92.68
you  list  the  $500  and  $300  interest  amounts  shown  on                B.  Enter the value of the bond at the time of 
your  Forms  1099.  Several  rows  above  line  2,  you  put  a                  distribution by the plan . . . . . . . . . . . . . . . . . . $85.36
                                                                             C.  Subtract the amount on line B from the amount on 
subtotal of $800. Below this subtotal, enter “U.S. Savings                       line A. This is the amount of interest accrued on the 
Bond Interest Previously Reported” and enter the $200 in-                        bond since it was distributed by the plan . . . . . . .      $7.32
terest  included  in  your  uncle's  final  return.  Subtract  the           D.  Enter the amount of interest shown on your Form 
$200 from the subtotal and enter $600 on line 2. You then                        1099-INT . . . . . . . . . . . . . . . . . . . . . . . . . . $42.68
complete the rest of the form.                                               E.  Subtract the amount on line C from the amount on 
                                                                                 line D. This is the amount you include in “U.S. 
Worksheet  for  savings  bonds  distributed  from  a                             Savings Bond Interest Previously Reported”         . . . . . $35.36 
retirement or profit-sharing plan.                 If you cashed a sav-
ings bond acquired in a taxable distribution from a retire-                  Subtract $35.36 from the subtotal and enter the result on 
ment or profit-sharing plan (as discussed under                    U.S. Sav- Schedule  B  (Form  1040),  line  2.  You  then  complete  the 
ings Bonds, earlier), your interest income does not include                  rest of the form.
the interest accrued before the distribution and taxed as a 
distribution from the plan.                                                  Interest excluded under the Education Savings Bond 
                                                                             Program. Use Form 8815 to figure your interest exclusion 
   Use the worksheet below to figure the amount you                          when you redeem qualified savings bonds and pay quali-
   subtract  from  the  interest  shown  on  Form                            fied higher education expenses during the same year.
   1099-INT.                                                                 For  more  information  on  the  exclusion  and  qualified 
                                                                             higher education expenses, see the earlier discussion un-
A. Enter the amount of cash received upon redemption                         der Education Savings Bond Program.
   of the bond . . . . . . . . . . . . . . . . . . . . . . . . . .      
                                                                             Interest  on  seller-financed  mortgage.                   If  an  individual 
B. Enter the value of the bond at the time of distribution                   buys his or her home from you in a sale that you finance, 
   by the plan . . . . . . . . . . . . . . . . . . . . . . . . . . .         you must report the amount of interest received on Sched-
                                                                             ule  B  (Form  1040),  line  1.  Include  on  line  1  the  buyer's 
C. Subtract the amount on line B from the amount on                          name, address, and SSN. If you do not, you may have to 
   line A. This is the amount of interest accrued on the 
   bond since it was distributed by the plan . . . . . . . .                 pay a $50 penalty. The buyer may have to pay a $50 pen-
                                                                             alty if he or she does not give you this information.
D. Enter the amount of interest shown on your Form                           You also must give your name, address, and SSN (or 
   1099-INT . . . . . . . . . . . . . . . . . . . . . . . . . . . .          EIN) to the buyer. If you do not, you may have to pay a $50 
                                                                             penalty.
E. Subtract the amount on line C from the amount on 
   line D. This is the amount you include in “U.S. Savings                   Frozen  deposits.    Even  if  you  receive  a  Form  1099-INT 
   Bond Interest Previously Reported”      . . . . . . . . . . . .           for interest on deposits that you could not withdraw at the 
                                                                             end of 2023, you must exclude these amounts from your 
Your employer should tell you the value of each bond                         gross  income.  (See     Interest  income  on  frozen  deposits, 
on the date it was distributed.                                              earlier.)  Do  not  include  this  income  on  line  2b  of  Form 
                                                                             1040 or 1040-SR. On Schedule B (Form 1040), Part I, in-
Example.    You received a distribution of Series EE U.S.                    clude  the  full  amount  of  interest  shown  on  your  Form 
savings  bonds  in  December  2020  from  your  company's                    1099-INT on line 1. Several rows above line 2, put a subto-
profit-sharing plan.                                                         tal of all interest income. Below this subtotal, enter “Frozen 
In March 2023, you redeemed a $100 Series EE bond                            Deposits” and show the amount of interest that you are ex-
that was part of the distribution you received in 2020. You                  cluding. Subtract this amount from the subtotal and enter 
received $92.68 for the bond the company bought in May                       the result on line 2.
2006. The value of the bond at the time of distribution in 
2020  was  $85.36.  (This  is  the  amount  you  included  on                Accrued  interest  on  bonds.              If  you  received  a  Form 
your  2020  return.)  The  bank  gave  you  a  Form  1099-INT                1099-INT that reflects accrued interest paid on a bond you 
that shows $42.68 interest (the total interest from the date                 bought  between  interest  payment  dates,  include  the  full 
the bond was purchased to the date of redemption). Since                     amount  shown  as  interest  on  the  Form  1099-INT  on 
a part of the interest was included in your income in 2020,                  Schedule B (Form 1040), Part I, line 1. Then, below a sub-
you need to include in your 2023 income only the interest                    total of all interest income listed, enter “Accrued Interest” 
that accrued after the bond was distributed to you.                          and the amount of accrued interest you paid to the seller. 
On Schedule B (Form 1040), line 1, include all the inter-                    That amount is taxable to the seller, not you. Subtract that 
est  shown  on  your  Form  1099-INT  as  well  as  any  other               amount from the interest income subtotal. Enter the result 
taxable interest income you received. Several rows above                     on line 2b of Form 1040 or 1040-SR.
line 2, put a subtotal of all interest listed on line 1. Below 

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For more information, see Bonds Sold Between Interest                Original  issue  discount  (OID)  adjustment.       If  you  are 
Dates, earlier.                                                      reporting OID in an amount less than the amount shown 
                                                                     on Form 1099-OID or other written statement (such as for 
Nominee distributions. If you received a Form 1099-INT               a REMIC regular interest), include the full amount of OID 
that includes an amount you received as a nominee for the            shown  on  your  Form  1099-OID  or  other  statement  on 
real owner, report the full amount shown as interest on the          Schedule B (Form 1040), Part I, line 1. Show OID you do 
Form  1099-INT  on  Part  I,  line  1  of  Schedule  B  (Form        not have to report below a subtotal of the interest and OID 
1040). Then, below a subtotal of all interest income listed,         listed. Identify the amount as “OID Adjustment” and sub-
enter “Nominee Distribution” and the amount that actually            tract it from the subtotal.
belongs to someone else. Subtract that amount from the 
interest  income  subtotal.  Enter  the  result  on  line  2b  of    Penalty  on  early  withdrawal  of  savings. If  you  with-
Form 1040 or 1040-SR.                                                draw funds from a certificate of deposit or other deferred 
                                                                     interest  account  before  maturity,  you  may  be  charged  a 
File Form 1099-INT with the IRS. If you received in-
                                                                     penalty. The Form 1099-INT or similar statement given to 
terest  as  a  nominee  in  2023,  you  must  file  a  Form 
                                                                     you by the financial institution will show the total amount of 
1099-INT  for  that  interest  with  the  IRS.  Send  Copy  A  of 
                                                                     interest  in  box  1  and  will  show  the  penalty  separately  in 
Form 1099-INT with a Form 1096, Annual Summary and 
                                                                     box  2.  You  must  include  in  income  all  interest  shown  in 
Transmittal  of  U.S.  Information  Returns,  to  your  Internal 
                                                                     box 1. You can deduct the penalty on Schedule 1 (Form 
Revenue  Service  Center  by  February  28,  2024  (April  1, 
                                                                     1040), line 18.
2024,  if  you  file  Form  1099-INT  electronically).  Give  the 
actual owner of the interest Copy B of the Form 1099-INT 
by January 31, 2024. On Form 1099-INT, you should be 
listed as the “Payer.” Prepare one Form 1099-INT for each            Dividends and
other  owner  and  show  that  person  as  the  “Recipient.” 
However, you do not have to file Form 1099-INT to show               Other Distributions
payments for your spouse. For more information about the 
reporting requirements and the penalties for failure to file         Dividends  can  be  distributions  of  money,  stock,  or  other 
(or furnish) certain information returns, see the General In-        property paid to you by a corporation or by a mutual fund. 
structions for Certain Information Returns.                          You also may receive dividends through a partnership, an 
Similar rules apply to OID reported to you as a nominee              estate, a trust, or an association that is taxed as a corpo-
on  Form  1099-OID.  You  must  file  a  Form  1099-OID  with        ration.  However,  some  amounts  you  receive  called  divi-
Form 1096 to show the proper distributions of the OID.               dends actually are interest income. See Dividends that are 
                                                                     actually interest, earlier.
Example. You and your sibling have a joint savings ac-
                                                                     The most common kinds of distributions are:
count that paid $1,500 interest for 2023. Your sibling de-
posited  30%  of  the  funds  in  this  account,  and  you  and      Ordinary dividends,
your  sibling  have  agreed  to  share  the  yearly  interest  in-   Capital gain distributions, and
come in proportion to the amount each of you has inves-
ted.  Because  your  SSN  was  given  to  the  bank,  you  re-       Nondividend distributions.
ceived a Form 1099-INT for 2023 that includes the interest           Most distributions are paid in cash (check). However, dis-
income earned belonging to your sibling. This amount is              tributions  can  consist  of  more  stock,  stock  rights,  other 
$450, or 30% of the total interest of $1,500.                        property, or services.
You must give your sibling a Form 1099-INT by January 
31,  2024,  showing  $450  of  interest  income  your  sibling       Form  1099-DIV.  Most  corporations  use  Form  1099-DIV 
earned for 2023. You also must send a copy of the nomi-              to show you the distributions you received from them dur-
nee Form 1099-INT, along with Form 1096, to the Internal             ing the year. Keep this form with your records. You do not 
Revenue  Service  Center  by  February  28,  2024  (April  1,        have to attach it to your tax return. Your identifying number 
2024, if you file Form 1099-INT electronically). Show your           may  be  truncated  on  any  paper  Form  1099-DIV  you  re-
own name, address, and SSN as that of the “Payer” on the             ceive.
Form 1099-INT. Show your sibling's name, address, and                Dividends not reported on Form 1099-DIV.            Even if 
SSN in the blocks provided for identification of the “Recipi-        you do not receive a Form 1099-DIV, you must still report 
ent.”                                                                all  your  taxable  dividend  income.  For  example,  you  may 
When you prepare your own federal income tax return,                 receive distributive shares of dividends from partnerships 
report  the  total  amount  of  interest  income,  $1,500,  on       or S corporations. These dividends are reported to you on 
Schedule  B  (Form  1040),  Part  I,  line  1,  and  identify  the   Schedule  K-1  (Form  1065)  and  Schedule  K-1  (Form 
name of the bank that paid this interest. Show the amount            1120S).
belonging  to  your  sibling,  $450,  as  a  subtraction  from  a 
subtotal  of  all  interest  on  Schedule  B  (Form  1040)  and      Nominees.      If  someone  receives  distributions  as  a 
identify this subtraction as a “Nominee Distribution.” (Your         nominee  for  you,  that  person  will  give  you  a  Form 
sibling  will  report  the  $450  of  interest  income  on  any  in- 1099-DIV  which  will  show  distributions  received  on  your 
come tax return your sibling files and identify you as the           behalf.
payer of that amount.)

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If you receive a Form 1099-DIV that includes amounts              Holding period. You must have held the stock for more 
belonging  to  another  person,  see Nominees  under How          than  60  days  during  the  121-day  period  that  begins  60 
To Report Dividend Income, later, for more information.           days before the ex-dividend date. The ex-dividend date is 
                                                                  the  first  date  following  the  declaration  of  a  dividend  on 
Form 1099-MISC. Certain substitute payments in lieu of            which  the  buyer  of  a  stock  is  not  entitled  to  receive  the 
dividends or tax-exempt interest received by a broker on          next  dividend  payment.  When  counting  the  number  of 
your behalf must be reported to you on Form 1099-MISC,            days you held the stock, include the day you disposed of 
Miscellaneous  Information,  or  a  similar  statement.  See      the stock, but not the day you acquired it. See the exam-
also Reporting Substitute Payments, later.                        ples below.
Incorrect  amount  shown  on  a  Form  1099.     If  you  re-     Exception for preferred stock.    In the case of prefer-
ceive  a  Form  1099  that  shows  an  incorrect  amount  (or     red  stock,  you  must  have  held  the  stock  more  than  90 
other incorrect information), you should ask the issuer for       days during the 181-day period that begins 90 days before 
a corrected form. The new Form 1099 you receive should            the ex-dividend date if the dividends are due to periods to-
be denoted “Corrected.”                                           taling more than 366 days. If the preferred dividends are 
                                                                  due to periods totaling less than 367 days, the holding pe-
Dividends on stock sold. If stock is sold, exchanged, or          riod in the preceding paragraph applies.
otherwise disposed of after a dividend is declared but be-
fore  it  is  paid,  the  owner  of  record  (usually  the  payee Example  1.  You  bought  5,000  shares  of  XYZ  Corp. 
shown on the dividend check) must include the dividend            common  stock  on  July  5,  2023.  XYZ  Corp.  paid  a  cash 
in income.                                                        dividend of 10 cents per share. The ex-dividend date was 
                                                                  July 12, 2023. Your Form 1099-DIV from XYZ Corp. shows 
Dividends  received  in  January.    If  a  mutual  fund  (or     $500 in box 1a (ordinary dividends) and in box 1b (quali-
other regulated investment company) or real estate invest-        fied  dividends).  However,  you  sold  the  5,000  shares  on 
ment  trust  (REIT)  declares  a  dividend  (including  any  ex-  August  8,  2023.  You  held  your  shares  of  XYZ  Corp.  for 
empt-interest dividend or capital gain distribution) in Octo-     only  34  days  of  the  121-day  period  (from  July  6,  2023, 
ber, November, or December, payable to shareholders of            through  August  8,  2023).  The  121-day  period  began  on 
record on a date in one of those months but actually pays         May 13, 2023 (60 days before the ex-dividend date), and 
the dividend during January of the next calendar year, you        ended on September 10, 2023. You have no qualified divi-
are considered to have received the dividend on Decem-            dends from XYZ Corp. because you held the XYZ stock 
ber 31. You report the dividend in the year it was declared.      for less than 61 days.

Ordinary Dividends                                                Example 2.   Assume the same facts as in Example 1 
                                                                  except that you bought the stock on July 11, 2023 (the day 
Ordinary dividends are the most common type of distribu-          before  the  ex-dividend  date),  and  you  sold  the  stock  on 
tion from a corporation or a mutual fund. They are paid out       September 13, 2023. You held the stock for 63 days (from 
of  earnings  and  profits  and  are  ordinary  income  to  you.  July 12, 2023, through September 13, 2023). The $500 of 
This  means  they  are  not  capital  gains.  You  can  assume    qualified  dividends  shown  in  box  1b  of  your  Form 
that  any  dividend  you  receive  on  common  or  preferred      1099-DIV are all qualified dividends because you held the 
stock is an ordinary dividend unless the paying corpora-          stock  for  61  days  of  the  121-day  period  (from  July  12, 
tion or mutual fund tells you otherwise. Ordinary dividends       2023, through September 13, 2023).
will be shown in box 1a of the Form 1099-DIV you receive.
                                                                  Example 3.   You bought 10,000 shares of ABC Mutual 
                                                                  Fund  common  stock  on  July  5,  2023.  ABC  Mutual  Fund 
Qualified Dividends                                               paid a cash dividend of 10 cents per share. The ex-divi-
                                                                  dend date was July 12, 2023. The ABC Mutual Fund advi-
Qualified dividends are the ordinary dividends subject to         ses you that the portion of the dividend eligible to be trea-
the same 0%, 15%, or 20% maximum tax rate that applies            ted as qualified dividends equals 2 cents per share. Your 
to net capital gain. They should be shown in box 1b of the        Form 1099-DIV from ABC Mutual Fund shows total ordi-
Form 1099-DIV you receive.                                        nary dividends of $1,000 and qualified dividends of $200. 
                                                                  However, you sold the 10,000 shares on August 8, 2023. 
See the instructions for Form 1040 to calculate the in-
                                                                  You  have  no  qualified  dividends  from  ABC  Mutual  Fund 
come tax on net capital gain and qualified dividends.
                                                                  because  you  held  the  ABC  Mutual  Fund  stock  for  less 
The maximum rate on qualified dividends applies only if           than 61 days.
all of the following requirements are met.                        Holding  period  reduced  where  risk  of  loss  is  di-
 The dividends must have been paid by a U.S. corpora-           minished.  When determining whether you met the mini-
   tion or a qualified foreign corporation. (See Qualified        mum  holding  period  discussed  earlier,  you  cannot  count 
   foreign corporation, later.)                                   any day during which you meet any of the following condi-
                                                                  tions.
 The dividends are not of the type listed later under 
   Dividends that are not qualified dividends.
 You meet the holding period (discussed next).

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1. You had an option to sell, were under a contractual              Table 1-3. Income Tax Treaties
obligation to sell, or had made (and not closed) a 
short sale of substantially identical stock or securities.          Income tax treaties that the United States has with the following 
                                                                    countries satisfy requirement (2) under Qualified foreign corporation.
2. You were grantor (writer) of an option to buy substan-           Australia       Indonesia               Romania
tially identical stock or securities.                               Austria         Ireland                 Russia
                                                                    Bangladesh      Israel                  Federation
3. Your risk of loss is diminished by holding one or more 
                                                                    Barbados        Italy                   Slovak
other positions in substantially similar or related prop-           Belgium         Jamaica                 Republic
erty.                                                               Bulgaria        Japan                   Slovenia
For  information  about  how  to  apply  condition  (3),  see       Canada          Kazakhstan              South Africa
Regulations section 1.246-5.                                        China           Korea                   Spain
                                                                    Cyprus          Latvia                  Sri Lanka
Qualified  foreign  corporation. A  foreign  corporation  is        Czech           Lithuania               Sweden
a qualified foreign corporation if it meets any of the follow-      Republic        Luxembourg              Switzerland
ing conditions.                                                     Denmark         Malta                   Thailand
                                                                    Egypt           Mexico                  Trinidad
1. The corporation is incorporated in a U.S. territory.             Estonia         Morocco                 and
2. The corporation is eligible for the benefits of a com-           Finland         Netherlands             Tobago
prehensive income tax treaty with the United States                 France          New Zealand             Tunisia
that the Department of the Treasury determines is sat-              Germany         Norway                  Turkey
                                                                    Greece          Pakistan                Ukraine
isfactory for this purpose and that includes an ex-
                                                                    Hungary         Philippines             United
change of information program. For a list of those 
                                                                    Iceland         Poland                  Kingdom
treaties, see Table 1-3.                                            India           Portugal                Venezuela
3. The corporation does not meet (1) or (2) above, but 
the stock for which the dividend is paid is readily trad-           Note.     The  treaty  with  Hungary  is  terminated  as  of 
able on an established securities market in the United              2024. The treaty ceases to have effect for tax withheld at 
States. See Readily tradable stock, later.                          source for amounts paid or credited on or after January 1, 
Exception.      A corporation is not a qualified foreign cor-       2024. The treaty ceases to have effect for other taxes for 
poration if it is a passive foreign investment company dur-         taxable periods beginning on or after January 1, 2024. A 
ing its tax year in which the dividends are paid or during its      new treaty with Chile comes into effect in 2024. The treaty 
previous tax year.                                                  comes  into  effect  for  tax  withheld  at  source  for  amounts 
                                                                    paid or credited on or after February 1, 2024. The treaty 
Controlled  foreign  corporation  (CFC).   Dividends                comes into effect for other taxes for taxable periods begin-
paid out of a CFC's earnings and profits that were not pre-         ning on or after January 1, 2024.
viously taxed are qualified dividends if the CFC is other-
wise a qualified foreign corporation and the other require-                 For the latest information about developments re-
ments in this discussion are met. Certain dividends paid                    lated  to  Pub.  550,  such  as  tax  treaties  between 
by a CFC that would be treated as a passive foreign in-                     the  United  States  and  particular  countries,  go  to 
vestment company but for section 1297(d) of the Internal            www.IRS.gov/Pub550.
Revenue Code may be treated as qualified dividends. For 
more  information,  see  Notice  2004-70,  which  can  be           Dividends  that  are  not  qualified  dividends.     The  fol-
found at IRS.gov/irb/2004-44_IRB#NOT-2004-70.                       lowing dividends are not qualified dividends. They are not 
                                                                    qualified  dividends  even  if  they  are  shown  in  box  1b  of 
Readily  tradable  stock.     Any  stock  or  American  de-
                                                                    Form 1099-DIV.
positary  receipt  in  respect  of  that  stock  is  considered  to 
satisfy requirement (3) under Qualified foreign corporation         Capital gain distributions.
if it is listed on a national securities exchange that is regis-    Dividends paid on deposits with mutual savings 
tered  under  section  6  of  the  Securities  Exchange  Act  of      banks, cooperative banks, credit unions, U.S. building 
1934 or on the Nasdaq Stock Market. For a list of the ex-             and loan associations, U.S. savings and loan associa-
changes  that  meet  these  requirements,  see National               tions, federal savings and loan associations, and simi-
Securities Exchange | Investor.gov.                                   lar financial institutions. Report these amounts as in-
                                                                      terest income.
                                                                    Dividends from a corporation that is a tax-exempt or-
                                                                      ganization or farmer's cooperative during the corpora-
                                                                      tion's tax year in which the dividends were paid or dur-
                                                                      ing the corporation's previous tax year.
                                                                    Dividends paid by a corporation on employer securi-
                                                                      ties held on the date of record by an employee stock 
                                                                      ownership plan (ESOP) maintained by that 
                                                                      corporation.

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 Dividends on any share of stock to the extent you are               the mutual fund or REIT. See Capital gain distributions un-
   obligated (whether under a short sale or otherwise) to              der How To Report Dividend Income, later in this chapter.
   make related payments for positions in substantially 
   similar or related property.                                        Qualified  Opportunity  Fund  (QOF).     Effective  Decem-
                                                                       ber 22, 2017, section 1400Z-2 provides a temporary de-
 Payments in lieu of dividends, but only if you know or              ferral of inclusion in gross income for capital gains inves-
   have reason to know the payments are not qualified                  ted  in  QOFs,  and  permanent  exclusion  of  capital  gains 
   dividends.                                                          from the sale or exchange of an investment in the QOF if 
 Payments shown on Form 1099-DIV, box 1b, from a                     the investment is held for at least 10 years. See the Form 
   foreign corporation to the extent you know or have rea-             8949 instructions on how to report your election to defer 
   son to know the payments are not qualified dividends.               eligible  gains  invested  in  a  QOF.  For  additional  informa-
                                                                       tion,  please  see  Opportunity  Zones  Frequently  Asked 
Dividends Used To                                                      Questions  available         at www.IRS.gov/Newsroom/
Buy More Stock                                                         Opportunity-Zones-Frequently-Asked-Questions.

                                                                       Qualified Opportunity Investment.    If you held a quali-
The corporation in which you own stock may have a divi-
                                                                       fied  investment  in  a  qualified  opportunity  fund  (QOF)  at 
dend reinvestment plan. This plan lets you choose to use 
                                                                       any  time  during  the  year,  you  must  file  your  return  with 
your dividends to buy (through an agent) more shares of 
                                                                       Form 8997, Initial and Annual Statement of Qualified Op-
stock in the corporation instead of receiving the dividends 
                                                                       portunity Fund Investments, attached. See Form 8997 in-
in  cash.  Most  mutual  funds  also  permit  shareholders  to 
                                                                       structions.
automatically  reinvest  distributions  in  more  shares  in  the 
fund, instead of receiving cash. If you use your dividends             Undistributed capital gains of mutual funds and RE-
to buy more stock at a price equal to its fair market value,           ITs. Some  mutual  funds  and  REITs  keep  their  long-term 
you must still report the dividends as income.                         capital  gains  and  pay  tax  on  them.  You  must  treat  your 
                                                                       share of these gains as distributions, even though you did 
If  you  are  a  member  of  a  dividend  reinvestment  plan           not actually receive them. However, they are not included 
that  lets  you  buy  more  stock  at  a  price  less  than  its  fair on  Form  1099-DIV.  Instead,  they  are  reported  to  you  in 
market value, you must report as dividend income the fair              box 1a of Form 2439.
market value of the additional stock on the dividend pay-               Form 2439 also will show how much, if any, of the un-
ment date.                                                             distributed capital gains is:
You  also  must  report  as  dividend  income  any  service              Unrecaptured section 1250 gain (box 1b),
charge  subtracted  from  your  cash  dividends  before  the               Gain from qualified small business stock (section 
                                                                       
dividends  are  used  to  buy  the  additional  stock.  But  you           1202 gain, box 1c), or
may be able to deduct the service charge.
                                                                         Collectibles (28%) gain (box 1d).
In  some  dividend  reinvestment  plans,  you  can  invest             For information about these terms, see   Capital Gain Tax 
more cash to buy shares of stock at a price less than fair             Rates in chapter 4.
market value. If you choose to do this, you must report as              The tax paid on these gains by the mutual fund or REIT 
dividend income the difference between the cash you in-                is shown in box 2 of Form 2439.
vest and the fair market value of the stock you buy. When 
figuring this amount, use the fair market value of the stock            Basis adjustment.   Increase your basis in your mutual 
on the dividend payment date.                                          fund, or your interest in a REIT, by the difference between 
                                                                       the  gain  you  report  and  the  credit  you  claim  for  the  tax 
Money Market Funds                                                     paid.

Report amounts you receive from money market funds as                  Nondividend Distributions
dividend income. Money market funds are a type of mu-
tual  fund  and  should  not  be  confused  with  bank  money          A nondividend distribution is a distribution that is not paid 
market accounts that pay interest.                                     out of the earnings and profits of a corporation or a mutual 
                                                                       fund. You should receive a Form 1099-DIV or other state-
Capital Gain Distributions                                             ment showing you the nondividend distribution. On Form 
                                                                       1099-DIV,  a  nondividend  distribution  will  be  shown  in 
Capital  gain  distributions  (also  called  capital  gain  divi-      box 3. If you do not receive such a statement, you report 
dends) are paid to you or credited to your account by mu-              the distribution as an ordinary dividend.
tual funds (or other regulated investment companies) and 
real estate investment trusts (REITs). They will be shown              Basis  adjustment.  A  nondividend  distribution  reduces 
in box 2a of the Form 1099-DIV you receive from the mu-                the basis of your stock. It is not taxed until your basis in 
tual fund or REIT.                                                     the stock is fully recovered. This nontaxable portion also is 
                                                                       called a return of capital; it is a return of your investment in 
Report  capital  gain  distributions  as  long-term  capital           the stock of the company. If you buy stock in a corporation 
gains, regardless of how long you owned your shares in                 in different lots at different times, and you cannot definitely 

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identify the shares subject to the nondividend distribution,        liquidation among that part of the stock redeemed in the 
reduce the basis of your earliest purchases first.                  partial liquidation. After the basis of a block of stock is re-
When the basis of your stock has been reduced to zero,              duced to zero, you must report the part of any later distri-
report any additional nondividend distribution you receive          bution for that block as a capital gain.
as a capital gain. Whether you report it as a long-term or 
                                                                    Distributions less than basis.    If the total liquidating 
short-term  capital  gain  depends  on  how  long  you  have 
                                                                    distributions  you  receive  are  less  than  the  basis  of  your 
held the stock. See Holding Period in chapter 4.
                                                                    stock, you may have a capital loss. You can report a capi-
Example  1.  You  bought  stock  in  2010  for  $100.  In           tal loss only after you have received the final distribution in 
2013, you received a nondividend distribution of $80. You           liquidation that results in the redemption or cancellation of 
did  not  include  this  amount  in  your  income,  but  you  re-   the stock. Whether you report the loss as a long-term or 
duced the basis of your stock to $20. You received a non-           short-term capital loss depends on how long you held the 
dividend distribution of $30 in 2023. The first $20 of this         stock. See Holding Period in chapter 4.
amount reduced your basis to zero. You report the other 
$10 as a long-term capital gain for 2023. You must report           Distributions of Stock
as  a  long-term  capital  gain  any  nondividend  distribution     and Stock Rights
you receive on this stock in later years.
                                                                    Distributions  by  a  corporation  of  its  own  stock  are  com-
Example 2.   You bought shares in XYZ Mutual Fund in                monly known as stock dividends. Stock rights (also known 
2019 for $12 per share. In 2020, you received a nondivi-            as  “stock  options”)  are  distributions  by  a  corporation  of 
dend distribution of $5 per share. You reduced your basis           rights to acquire the corporation's stock. Generally, stock 
in each share by $5 to an adjusted basis of $7. In 2021,            dividends and stock rights are not taxable to you, and you 
you  received  a  nondividend  distribution  of  $1  per  share     do not report them on your return.
and  further  reduced  your  basis  in  each  share  to  $6.  In 
2022,  you  received  a  nondividend  distribution  of  $2  per     Taxable  stock  dividends  and  stock  rights.       Distribu-
share. Your basis was reduced to $4 per share. In 2023,             tions of stock dividends and stock rights are taxable to you 
the nondividend distribution from the mutual fund was $5            if any of the following apply.
per  share.  You  reduce  your  basis  in  each  share  to  zero 
and report $1 of gain per share. See the Instructions for           1. You or any other shareholder have the choice to re-
Form 8949 for details and more information.                         ceive cash or other property instead of stock or stock 
                                                                    rights.
    For  more  information  on  Form  8949  and  Sched-
TIP ule  D  (Form  1040),  see   Reporting  Capital  Gains          2. The distribution gives cash or other property to some 
    and  Losses  in  chapter  4.  Also,  see  the  Instruc-         shareholders and an increase in the percentage inter-
tions  for  Form  8949  and  the  Instructions  for  Schedule  D    est in the corporation's assets or earnings and profits 
(Form 1040).                                                        to other shareholders.
                                                                    3. The distribution is in convertible preferred stock and 
                                                                    has the same result as in (2).
Liquidating Distributions
                                                                    4. The distribution gives preferred stock to some com-
Liquidating distributions, sometimes called liquidating divi-       mon stock shareholders and common stock to other 
dends,  are  distributions  you  receive  during  a  partial  or    common stock shareholders.
complete liquidation of a corporation. These distributions 
are, at least in part, one form of a return of capital. They        5. The distribution is on preferred stock. (The distribu-
may be paid in one or more installments. You will receive           tion, however, is not taxable if it is an increase in the 
Form  1099-DIV  from  the  corporation  showing  you  the           conversion ratio of convertible preferred stock made 
amount of the liquidating distribution in box 9 or 10.              solely to take into account a stock dividend, stock 
                                                                    split, or similar event that would otherwise result in re-
Any liquidating distribution you receive is not taxable to          ducing the conversion right.)
you until you have recovered the basis of your stock. After 
the  basis  of  your  stock  has  been  reduced  to  zero,  you     The term “stock” includes rights to acquire stock, and 
must  report  the  liquidating  distribution  as  a  capital  gain. the term “shareholder” includes a holder of rights or con-
Whether you report the gain as a long-term or short-term            vertible securities.
capital gain depends on how long you have held the stock.           If  you  receive  taxable  stock  dividends  or  stock  rights, 
See Holding Period in chapter 4.                                    include their fair market value at the time of distribution in 
Stock  acquired  at  different  times.   If  you  acquired          your income.
stock in the same corporation in more than one transac-
tion, you own more than one block of stock in the corpora-          Constructive  distributions.  You  must  treat  certain 
tion.  If  you  receive  distributions  from  the  corporation  in  transactions  that  increase  your  proportionate  interest  in 
complete  liquidation,  you  must  divide  the  distribution        the  earnings  and  profits  or  assets  of  a  corporation  as  if 
among the blocks of stock you own in the following pro-
portion: the number of shares in that block over the total 
number of shares you own. Divide distributions in partial 

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they were distributions of stock or stock rights. These con-      a. You and the issuer are not related under the rules 
structive distributions are taxable if they have the same re-             discussed in chapter 4 under Losses on Sales or 
sult as a distribution described in (2), (3), (4), or (5) of the          Trades of Property, substituting “20%” for “50%.”
above discussion.
                                                                  b. There are no plans, arrangements, or agreements 
This treatment applies to a change in your stock's con-
                                                                          that effectively require or are intended to compel 
version  ratio  or  redemption  price,  a  difference  between 
                                                                          the issuer to redeem the stock.
your stock's redemption price and issue price, a redemp-
tion not treated as a sale or exchange of your stock, and         c. The redemption would not reduce the stock's 
any other transaction having a similar effect on your inter-              yield.
est in the corporation.
                                                                  Basis.  Your  basis  in  stock  or  stock  rights  received  in  a 
Preferred  stock  redeemable  at  a  premium. If  you             taxable distribution is their fair market value when distrib-
receive preferred stock having a redemption price higher          uted. If you receive stock or stock rights that are not taxa-
than  its  issue  price,  the  difference  (the  redemption  pre- ble to you, see Stocks and Bonds, later, for information on 
mium) generally is taxable as a constructive distribution of      how to figure their basis.
additional stock on the preferred stock.
                                                                  Fractional shares.            You may not own enough stock in a 
For stock issued before October 10, 1990, you include 
                                                                  corporation to receive a full share of stock if the corpora-
the redemption premium in your income ratably over the 
                                                                  tion declares a stock dividend. However, with the approval 
period  during  which  the  stock  cannot  be  redeemed.  For 
                                                                  of the shareholders, the corporation may set up a plan in 
stock  issued  after  October  9,  1990,  you  include  the  re-
                                                                  which  fractional  shares  are  not  issued  but  instead  are 
demption  premium  on  the  basis  of  its  economic  accrual 
                                                                  sold, and the cash proceeds are given to the sharehold-
over  the  period  during  which  the  stock  cannot  be  re-
                                                                  ers. Any cash you receive for fractional shares under such 
deemed, as if it were original issue discount on a debt in-
                                                                  a plan is treated as an amount realized on the sale of the 
strument. See Original Issue Discount (OID), earlier in this 
                                                                  fractional  shares.  Report  this  transaction  on  Form  8949. 
chapter.
                                                                  Enter your gain or loss, the difference between the cash 
The redemption premium is not a constructive distribu-            you receive and the basis of the fractional shares sold, in 
tion, and is not taxable as a result, in the following situa-     column (h) of Schedule D (Form 1040) in Part I or Part II, 
tions.                                                            whichever is appropriate.
1. The stock was issued before October 10, 1990 (be-                        Report these transactions on Form 8949 with the 
   fore December 20, 1995, if redeemable solely at the            !         correct box checked.
   option of the issuer), and the redemption premium is           CAUTION
   “reasonable.” (For stock issued before October 10,             For  more  information  on  Form  8949  and  Schedule  D 
   1990, only the part of the redemption premium that is          (Form 1040), see          Reporting Capital Gains and Losses in 
   not “reasonable” is a constructive distribution.) The re-      chapter  4.  Also,  see  the  Instructions  for  Form  8949  and 
   demption premium is reasonable if it is not more than          the Instructions for Schedule D (Form 1040).
   10% of the issue price on stock not redeemable for 5 
   years from the issue date or is in the nature of a pen-        Example.          You  own  one  share  of  common  stock  that 
   alty for making a premature redemption.                        you bought on January 6, 2014, for $100. The corporation 
                                                                  declared  a  common  stock  dividend  of  5%  on  June  30, 
2. The stock was issued after October 9, 1990 (after De-          2023.  The  fair  market  value  of  the  stock  at  the  time  the 
   cember 19, 1995, if redeemable solely at the option of         stock dividend was declared was $200. You were paid $10 
   the issuer), and the redemption premium is de mini-            for the fractional-share stock dividend under a plan descri-
   mis. The redemption premium is de minimis if it is less        bed in the discussion above. You figure your gain or loss 
   than one-fourth of 1% (0.0025) of the redemption               as follows.
   price multiplied by the number of full years from the 
   date of issue to the date redeemable.                          Fair market value of old stock      . . . . . . . . . . . . . . .   $200.00 
3. The stock was issued after October 9, 1990, and must           Fair market value of stock dividend
                                                                  (cash received) . . . . . . . . . . . . . . . . . . . . . . . .     + 10.00 
   be redeemed at a specified time or is redeemable at            Fair market value of old stock and stock dividend . . .             $210.00 
   your option, but the redemption is unlikely because it         Basis (cost) of old stock
   is subject to a contingency outside your control (not          after the stock dividend
   including the possibility of default, insolvency, etc.).       (($200 ÷ $210) × $100) . . . . . . . . . . . . . . . . . . .        $95.24
                                                                  Basis (cost) of stock dividend
4. The stock was issued after December 19, 1995, and              (($10 ÷ $210) × $100)     . . . . . . . . . . . . . . . . . . . .   + 4.76 
   is redeemable solely at the option of the issuer, but          Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 
   the redemption premium is in the nature of a penalty 
   for premature redemption or redemption is not more             Cash received . . . . . . . . . . . . . . . . . . . . . . . . .      $10.00
                                                                  Basis (cost) of stock dividend      . . . . . . . . . . . . . . .   − 4.76 
   likely than not to occur. The redemption will be treated 
   under a “safe harbor” as not more likely than not to oc-       Gain                                                                 $5.24 
   cur if all of the following are true.

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Because you had held the share of stock for more than               Patronage  dividends.  Generally,  patronage  dividends 
1 year at the time the stock dividend was declared, your            you receive in money from a cooperative organization are 
gain on the stock dividend is a long-term capital gain.             included  in  your  income.  You  should  receive  Form 
                                                                    1099-PATR, Taxable Distributions Received from Cooper-
Scrip dividends.        A corporation that declares a stock 
                                                                    atives.
dividend may issue you a scrip certificate that entitles you 
                                                                      Do not include in your income patronage dividends you 
to a fractional share. The certificate generally is nontaxa-
                                                                    receive on:
ble when you receive it. If you choose to have the corpora-
tion sell the certificate for you and give you the proceeds,         Property bought for your personal use, or
your gain or loss is the difference between the proceeds             Capital assets or depreciable property bought for use 
and the part of your basis in the corporation's stock alloca-          in your business. But you must reduce the basis (cost) 
ted to the certificate.                                                of the items bought. If the dividend is more than the 
However, if you receive a scrip certificate that you can               adjusted basis of the assets, you must report the ex-
choose to redeem for cash instead of stock, the certificate            cess as income.
is  taxable  when  you  receive  it.  You  must  include  its  fair 
market value in income on the date you receive it.                    These rules are the same whether the cooperative pay-
                                                                    ing the dividend is a taxable or tax-exempt cooperative.

Other Distributions                                                 Alaska  Permanent  Fund  dividends.     Do  not  report 
                                                                    these  amounts  as  dividends.  Instead,  include  these 
You may receive any of the following distributions during           amounts on Schedule 1 (Form 1040), line 8g.
the year.

Exempt-interest  dividends.      Exempt-interest  dividends 
you receive from a mutual fund or other regulated invest-           How To Report
ment  company  are  not  included  in  your  taxable  income. 
(However,  see Information  reporting  requirement,  next.)         Dividend Income
Exempt-interest dividends should be shown in box 12 of 
Form 1099-DIV.
                                                                    Terms you may need to know 
Information  reporting  requirement.   Although  ex-                (see Glossary):
empt-interest  dividends  are  not  taxable,  you  must  show 
them on your tax return if you have to file a return. See Re-          Nominee
porting tax-exempt interest, earlier.                                  Restricted stock
Alternative minimum tax treatment.     Exempt-interest               
dividends  paid  from  specified  private  activity  bonds  may 
be subject to the AMT. The exempt-interest dividends sub-           Use  Form  1040  or  1040-SR  to  report  your  dividend  in-
ject  to  the  AMT  should  be  shown  in  box  13  of  Form        come.  Report  the  total  of  your  ordinary  dividends  on 
1099-DIV. See Form 6251 and its instructions for more in-           line  3b  of  Form  1040  or  1040-SR.  Report  qualified  divi-
formation.                                                          dends on line 3a.

Dividends on insurance policies.      Insurance policy divi-        Form  1099-DIV.  If  you  owned  stock  on  which  you  re-
dends the insurer keeps and uses to pay your premiums               ceived  $10  or  more  in  dividends  and  other  distributions, 
are not taxable. However, you must report as taxable inter-         you should receive a Form 1099-DIV. Even if you do not 
est  income  the  interest  that  is  paid  or  credited  on  divi- receive  a  Form  1099-DIV,  you  must  report  all  your  divi-
dends left with the insurance company.                              dend income.
If  dividends  on  an  insurance  contract  (other  than  a           See Form 1099-DIV and its instructions for more infor-
modified endowment contract) are distributed to you, they           mation on how to report dividend income.
are a partial return of the premiums you paid. Do not in-
clude them in your gross income until they are more than            Form 1040 or 1040-SR.  You must complete Schedule B 
the total of all net premiums you paid for the contract. (For       (Form  1040),  Part  II,  and  attach  it  to  your  Form  1040  or 
information on the treatment of a distribution from a modi-         1040-SR, if:
fied endowment contract, see     Distribution Before Annuity         Your ordinary dividends (Form 1099-DIV, box 1a) are 
Starting Date From a Nonqualified Plan under Taxation of               more than $1,500, or
Nonperiodic  Payments  in  Pub.  575.)  See  instructions  for 
the Form 1040 or Form 1040-SR for where to report.                   You received, as a nominee, dividends that actually 
                                                                       belong to someone else.
Dividends  on  veterans'  insurance.   Dividends  you  re-          If your ordinary dividends are more than $1,500, you also 
ceive  on  veterans'  insurance  policies  are  not  taxable.  In   must complete Schedule B (Form 1040), Part III.
addition, interest on dividends left with the Department of           List  on  Schedule  B  (Form  1040),  Part  II,  line  5,  each 
Veterans Affairs is not taxable.                                    payer's name and the ordinary dividends you received. If 
                                                                    your  securities  are  held  by  a  brokerage  firm  (in  “street 
                                                                    name”),  list  the  name  of  the  brokerage  firm  shown  on 

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Form  1099-DIV  as  the  payer.  If  your  stock  is  held  by  a     Dividends on any share of stock to the extent you are 
nominee  who  is  the  owner  of  record,  and  the  nominee            obligated (whether under a short sale or otherwise) to 
credited  or  paid  you  dividends  on  the  stock,  show  the          make related payments for positions in substantially 
name of the nominee and the dividends you received or                   similar or related property.
for which you were credited.
                                                                      Payments in lieu of dividends, but only if you know or 
Enter on line 6 the total of the amounts listed on line 5. 
                                                                        have reason to know the payments are not qualified 
(However, if you hold stock as a nominee, see Nominees, 
                                                                        dividends.
later.)  Also,  enter  this  total  on  line  3b  of  Form  1040  or 
1040-SR.                                                              Payments shown on Form 1099-DIV, box 1b, from a 
                                                                        foreign corporation to the extent you know or have rea-
Dividends  received  on  restricted  stock.   Restricted                son to know the payments are not qualified dividends.
stock is stock you get from your employer for services you 
                                                                      If you have qualified dividends, you must figure your tax 
perform and that is nontransferable and subject to a sub-
                                                                      by  completing  the  Qualified  Dividends  and  Capital  Gain 
stantial  risk  of  forfeiture.  You  do  not  have  to  include  the 
                                                                      Tax Worksheet in the Form 1040 or 1040-SR instructions 
value  of  the  stock  in  your  income  when  you  receive  it. 
                                                                      or  the  Schedule  D  Tax  Worksheet  in  the  Schedule  D 
However,  if  you  get  dividends  on  restricted  stock,  you 
                                                                      (Form 1040) instructions, whichever applies.
must  include  them  in  your  income  as  wages,  not  divi-
dends. See Restricted Property in Pub. 525 for information            Investment interest deducted.      If you claim a deduc-
on restricted stock dividends.                                        tion  for  investment  interest,  you  may  have  to  reduce  the 
Your  employer  should  include  these  dividends  in  the            amount of your qualified dividends that are eligible for the 
wages  shown  on  your  Form  W-2,  Wage  and  Tax  State-            0%, 15%, or 20% tax rate. Reduce it by the qualified divi-
ment. If you also get a Form 1099-DIV for these dividends,            dends you choose to include in investment income when 
list them on Schedule B (Form 1040), Part II, line 5, with            figuring  the  limit  on  your  investment  interest  deduction. 
the  other  dividends  you  received.  Enter  a  subtotal  of  all    This is done on the Qualified Dividends and Capital Gain 
your dividend income several rows above line 6. Below the             Tax  Worksheet  or  the  Schedule  D  Tax  Worksheet.  For 
subtotal, enter “Dividends on restricted stock reported as            more  information  about  the  limit  on  investment  interest, 
wages  on  Form  1040  or  1040-SR,  line  1,”  and  enter  the       see Interest Expenses in chapter 3.
dividends included in your wages on line 1 of Form 1040 
or  1040-SR.  Subtract  this  amount  from  the  subtotal  and        Capital  gain  distributions.   If  you  received  capital  gain 
enter the result on line 6.                                           distributions,  you  report  them  directly  on  Form  1040  or 
                                                                      1040-SR, line 7; or on Schedule D (Form 1040), line 13, 
Election.  You  can  choose  to  include  the  value  of  re-         depending  on  your  situation.  If  you  received  capital  gain 
stricted stock in gross income as pay for services. If you            distributions from a mutual fund or real estate investment 
make  this  choice,  report  the  dividends  on  the  stock  like     trust  (REIT),  the  distributions  of  net  realized  short-term 
any other dividends. List them on Part II, line 5, of Sched-          capital gains are not treated as capital gains. Instead, they 
ule B (Form 1040), along with your other dividends (if the            are included on Form 1099-DIV as ordinary dividends. Re-
amount of ordinary dividends received from all sources is             port them on your tax return as ordinary dividends.
more than $1,500). If you receive both a Form 1099-DIV 
and a Form W-2 showing these dividends, do not include                Exceptions to filing Form 8949 and Schedule D (Form 
the  dividends  in  your  wages  reported  on  line  1  of  Form      1040). There  are  certain  situations  where  you  may  not 
1040 or 1040-SR. Attach a statement to your Form 1040                 have to file Form 8949 and/or Schedule D (Form 1040).
or 1040-SR explaining why the amount shown on line 1 of 
                                                                      Exception  1. You  do  not  have  to  file  Form  8949  or 
your Form 1040 or 1040-SR is different from the amount 
                                                                      Schedule D (Form 1040) if you have no capital losses and 
shown on your Form W-2.
                                                                      your only capital gains are capital gain distributions from 
Independent  contractor.       If  you  received  restricted          Form(s) 1099-DIV, box 2a. (If any Form(s) 1099-DIV you 
stock for services as an independent contractor, the rules            receive have an amount in box 2b (unrecaptured section 
in the previous discussion apply. Generally, you must treat           1250 gain), box 2c (section 1202 gain), or box 2d (collecti-
dividends  you  receive  on  the  stock  as  income  from             bles (28%) gain), you do not qualify for this exception.) If 
self-employment.                                                      you qualify for this exception, report your capital gain dis-
                                                                      tributions directly on line 7 of Form 1040 or 1040-SR (and 
Qualified  dividends. Report  qualified  dividends  (Form             check  the  box).  Also,  use  the  Qualified  Dividends  and 
1099-DIV, box 1b) on line 3a of Form 1040 or 1040-SR.                 Capital Gain Tax Worksheet in the Form 1040 or 1040-SR 
The amount in box 1b is already included in box 1a. Do                instructions to figure your tax.
not add the amount in box 1b to, or subtract it from, the 
amount in box 1a. Do not include any of the following on              Exception 2.  You must file Schedule D (Form 1040), 
line 3a.                                                              but generally do not have to file Form 8949, if Exception 1 
                                                                      does not apply and your only capital gains and losses are:
 Qualified dividends you received as a nominee. See 
   Nominees, later.                                                   Capital gain distributions;
 Dividends on stock for which you did not meet the                  A capital loss carryover;
   holding period. See Holding period, earlier, under 
   Qualified Dividends.

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A gain from Form 2439; Form 6252, Installment Sale              1099-DIV  by  January  31,  2024.  On  Form  1099-DIV,  you 
  Income; or Part I of Form 4797, Sales of Business               should be listed as the “Payer.” The other owner should be 
  Property;                                                       listed as the “Recipient.” You do not, however, have to file 
                                                                  a Form 1099-DIV to show payments for your spouse. For 
A gain or loss from Form 4684, Casualties and Thefts; 
                                                                  more  information  about  the  reporting  requirements  and 
  Form 6781, Gains and Losses From Section 1256 
                                                                  the penalties for failure to file (or furnish) certain informa-
  Contracts and Straddles; or Form 8824;
                                                                  tion returns, see the General Instructions for Certain Infor-
A gain or loss from a partnership, S corporation, es-           mation Returns and the Instructions for Form 2439.
  tate, or trust; or
                                                                  Liquidating  distributions. If  you  receive  a  liquidating 
Gains and losses from transactions for which you re-
                                                                  distribution on stock, the corporation will give you a Form 
  ceived a Form 1099-B that shows basis was reported 
                                                                  1099-DIV  showing  the  liquidating  distribution  in  boxes  9 
  to the IRS and for which you do not need to make any 
                                                                  and 10.
  adjustments in column (g) of Form 8949 or enter any 
  codes in column (f) of Form 8949.
Undistributed  capital  gains. Follow  the  Instructions 
                                                                  Stripped
for the Shareholder on Form 2439 to report undistributed 
capital gains and the tax paid by the mutual fund on those        Preferred Stock
gains.
                                                                  If  the  dividend  rights  are  stripped  from  certain  preferred 
Nondividend  distributions. Report  nondividend  distri-          stock, the holder of the stripped preferred stock may have 
butions (box 3 of Form 1099-DIV) only after your basis in         to  include  amounts  in  income  equal  to  the  amounts  that 
the stock has been reduced to zero. After the basis of your       would have been included if the stock were a bond with 
stock has been reduced to zero, you must show this ex-            OID.
cess amount on Form 8949, Part I, if you held the stock 1 
year or less. Show it on Form 8949, Part II, if you held the      Stripped  preferred  stock  defined. Stripped  preferred 
stock  for  more  than  1  year.  Enter  the  name  of  the  com- stock is any stock that meets both of the following tests.
pany  in  column  (a)  of  Form  8949.  Report  the  amount  of 
the excess distribution in column (d) and your zero basis         1. There has been a separation in ownership between 
in column (e) of Form 8949.                                       the stock and any dividend on the stock that has not 
                                                                  become payable.
       Report these transactions on Form 8949 with the 
                                                                  2. The stock:
!      correct box checked.
CAUTION
                                                                      a. Is limited and preferred as to dividends,
For  more  information  on  Form  8949  and  Schedule  D 
(Form 1040), see Reporting Capital Gains and Losses in                b. Does not participate in corporate growth to any 
chapter  4.  Also,  see  the  Instructions  for  Form  8949  and          significant extent, and
the Instructions for Schedule D (Form 1040).                          c. Has a fixed redemption price.

Nominees.  If you received ordinary dividends as a nomi-          Treatment of buyer. If you buy stripped preferred stock 
nee (that is, the dividends are in your name but actually         after April 30, 1993, you must include certain amounts in 
belong to someone else), include them on Part II, line 5 of       your  gross  income  while  you  hold  the  stock.  These 
Schedule B (Form 1040). Several rows above line 6, put a          amounts  are  ordinary  income.  They  are  equal  to  the 
subtotal of all dividend income listed on line 5. Below this      amounts you would have included in gross income if the 
subtotal,  enter  “Nominee  Distribution”  and  show  the         stock were a bond that:
amount received as a nominee. Subtract the total of your 
nominee  distributions  from  the  subtotal.  Enter  the  result  1. Was issued on the purchase date of the stock, and
on line 6.                                                        2. Has OID equal to:
If you received a capital gain distribution or were alloca-
ted an undistributed capital gain as a nominee, report only           a. The redemption price for the stock, minus
the amount that belongs to you on Form 1040 or 1040-SR,               b. The price at which you bought the stock.
line 7; or Schedule D (Form 1040), line 13, whichever is 
appropriate. Attach a statement to your return showing the        Include  these  amounts  on  Schedule  1  (Form  1040), 
full  amount  you  received  or  were  allocated  and  the        line 8z.
amount you received or were allocated as a nominee.               This  treatment  also  applies  to  you  if  you  acquire  the 
                                                                  stock in such a way (for example, by gift) that your basis in 
File Form 1099-DIV with the IRS.   If you received divi-          the stock is determined by using a buyer's basis.
dends  as  a  nominee  in  2023,  you  must  file  a  Form 
1099-DIV (or Form 2439) for those dividends with the IRS.         Treatment  of  person  stripping  stock. If  you  strip  the 
Send the Form 1099-DIV with a Form 1096 to your Internal          rights to one or more dividends from preferred stock, you 
Revenue  Service  Center  by  February  28,  2024  (April  1,     are treated as having purchased the stock. You are treated 
2024,  if  you  file  Form  1099-DIV  electronically).  Give  the as making the purchase on the date you disposed of the 
actual  owner  of  the  dividends  Copy  B  of  the  Form         dividend rights. Your adjusted basis in the preferred stock 

Publication 550 (2023)                  Chapter 1       Investment Income                                                   35



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is treated as your purchase price. The rules described in         Forms  1099-INT  and  1099-OID. You  should  receive  a 
Treatment of buyer, earlier, apply to you.                        copy  of  Form  1099-INT  or  Form  1099-OID  from  the  RE-
                                                                  MIC. See the General Instructions for Certain Information 
                                                                  Returns for information on when you should receive your 
                                                                  copy of Form 1099-INT or Form 1099-OID and a written 
REMICs, FASITs,
                                                                  statement providing additional information. The statement 
and Other CDOs                                                    should contain enough information to enable you to figure 
                                                                  your accrual of market discount or amortizable bond pre-
Holders  of  interests  in  real  estate  mortgage  investment    mium.
conduits  (REMICs),  financial  asset  securitization  invest-    Form 1099-INT shows interest income that accrued to 
ment trusts (FASITs), and other collateralized debt obliga-       you for the period you held the regular interest.
tions  (CDOs)  must  follow  special  rules  for  reporting  in-  Form 1099-OID shows OID and interest, if any, that ac-
come and any expenses from these investment products.             crued to you for the period you held the regular interest. 
                                                                  You will not need to make any adjustments to the amounts 
                                                                  reported even if you held the regular interest for only a part 
REMICs                                                            of the calendar year. However, if you bought the regular in-
                                                                  terest at a premium or acquisition premium, see        Refigur-
A REMIC is an entity formed for the purpose of holding a          ing OID shown on Form 1099-OID, earlier.
fixed pool of mortgages secured by interests in real prop-
erty. A REMIC issues regular and residual interests to in-        You  may  not  get  a  Form  1099.     Corporations  and 
vestors.  A  REMIC  generally  is  not  treated  as  a  corpora-  other persons specified in      Regulations            section 
tion, partnership, or trust. For purposes of subtitle F of the    1.6049-7(c)  will  not  receive  Forms  1099.  These  persons 
Internal Revenue Code (Procedure and Administration), a           and  fiscal  year  taxpayers  may  obtain  tax  information  by 
REMIC generally is treated as a partnership with the resid-       contacting  the  REMIC  or  the  issuer  of  the  CDO,  if  they 
ual interest holders treated as the partners. The regular in-     hold their interest directly from the REMIC or issuer of the 
terests are treated as debt instruments.                          CDO.  Pub.  938,  Real  Estate  Mortgage  Investment  Con-
                                                                  duits (REMICs) Reporting Information, explains how to re-
REMIC income or loss is not income or loss from a pas-            quest this information.
sive activity.
                                                                        Pub.  938  is  available  only  on  the  Internet  at 
For  more  information  about  the  qualifications  and  tax            IRS.gov/pub938.
treatment  that  apply  to  a  REMIC  and  the  interests  of  in-
vestors in a REMIC, see sections 860A through 860G of 
the  Internal  Revenue  Code,  and  the  regulations  under       If you hold a regular interest or CDO through a nominee 
those sections.                                                   (rather than directly), you can request the information from 
                                                                  the nominee.
Regular Interest
                                                                  Allocated investment expenses.  A single-class REMIC 
                                                                  will report your share of its investment expenses in box 5 
A  REMIC  can  have  several  classes  (also  known  as 
                                                                  of  Form  1099-INT  or  box  9  of  Form  1099-OID.  This 
“tranches”) of regular interests. A regular interest uncondi-
                                                                  amount  is  not  deductible.  A  single-class  REMIC  is  one 
tionally entitles the holder to receive a specified principal 
                                                                  that generally would be classified as a trust for tax purpo-
amount (or other similar amount).
                                                                  ses if it had not elected REMIC status.

A  REMIC  regular  interest  is  treated  as  a  debt  instru-    Redemption of regular interests at maturity.           Redemp-
ment for income tax purposes. Accordingly, the OID, mar-          tion  of  debt  instruments  at  their  maturity  is  treated  as  a 
ket  discount,  and  income  reporting  rules  that  apply  to    sale  or  exchange.  You  must  report  redemptions  on  your 
bonds and other debt instruments as described earlier in          tax return whether or not you realize gain or loss on the 
this publication under Discount on Debt Instruments apply,        transaction. Your basis is your adjusted issue price, which 
with certain modifications discussed below.                       includes any OID you previously reported in income.
                                                                  Any amount you receive on the retirement of a debt in-
Generally, you report your income from a regular inter-           strument is treated as if you had sold or exchanged that 
est on line 2b of Form 1040 or 1040-SR. For more infor-           instrument.  A  debt  instrument  is  retired  when  it  is  reac-
mation on how to report interest and OID, see How To Re-          quired or redeemed by the issuer and canceled.
port Interest Income, earlier.
                                                                  Sale  or  exchange  of  a  regular  interest.          Some  of 
Holders must use accrual method. Holders of regular               your gain on the sale or exchange of a REMIC regular in-
interests must use an accrual method of accounting to re-         terest may be ordinary income. The ordinary income part, 
port OID and interest income. Because income under an             if any, is:
accrual method is not determined by the receipt of cash,          The amount that would have been included in your in-
you  may  have  to  include  OID  or  interest  income  in  your    come if the yield to maturity on the regular interest had 
taxable  income  even  if  you  have  not  received  any  cash      been 110% of the applicable federal rate at the begin-
payments.                                                           ning of your holding period, minus

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The amount you included in your income.                          1272(a)(6) of the Internal Revenue Code and the regula-
                                                                   tions under that section.
Residual Interest
                                                                   The OID, market discount, and income-reporting rules 
A residual interest is an interest in a REMIC that is not a        that apply to bonds and other debt instruments, as descri-
regular interest. It is designated as a residual interest by       bed earlier in this chapter under Discount on Debt Instru-
the REMIC.                                                         ments, also apply to a CDO.

If you acquire a residual interest in a REMIC, you must            You  must  include  interest  income  from  your  CDO  in 
take into account on a quarterly basis your daily portion of       your gross income under your regular method of account-
the taxable income or net loss of the REMIC for each day           ing.  Also,  include  any  OID  accrued  on  your  CDO  during 
during the tax year you hold the residual interest. You must       the tax year.
report these amounts as ordinary income or loss.
                                                                   Generally,  you  report  your  income  from  a  CDO  on 
Basis in the residual interest.   Your basis in the residual       line  2b  of  Form  1040  or  1040-SR.  For  more  information 
interest is increased by taxable income you take into ac-          about reporting these amounts on your return, see     How To 
count. Your basis is decreased (but not below zero) by the         Report Interest Income, earlier.
cash or the fair market value of any property distributed to 
you, and by any net loss you have taken into account. If           Forms  1099-INT  and  1099-OID.   You  should  receive  a 
you sell or transfer your residual interest, you must adjust       copy  of  Form  1099-INT  or  Form  1099-OID  generally  by 
your basis to reflect your share of the REMIC's taxable in-        January 31, 2024. See the General Instructions for Certain 
come or net loss immediately before the sale or transfer.          Information  Returns  for  information  on  when  you  should 
See Wash Sales, in chapter 4, for more information about           receive  your  copy  of  Form  1099-INT  or  Form  1099-OID 
selling a residual interest.                                       and  a  written  statement  providing  additional  information. 
                                                                   The  statement  should  contain  enough  information  about 
Treatment  of  distributions. You  must  include  in  your         the  CDO  to  enable  you  to  figure  your  accrual  of  market 
gross income the part of any distribution that is more than        discount or amortizable bond premium.
your adjusted basis. Treat the distribution as a gain from         Form 1099-INT shows the interest income paid to you 
the sale or exchange of your residual interest.                    for the period you held the CDO.
                                                                   Form 1099-OID shows the OID accrued to you and the 
Schedule Q (Form 1066).      If you hold a REMIC residual          interest,  if  any,  paid  to  you  for  the  period  you  held  the 
interest,  you  should  receive  Schedule  Q  (Form  1066),        CDO.  You  should  not  need  to  make  any  adjustments  to 
Quarterly  Notice  to  Residual  Interest  Holder  of  REMIC       the amounts reported even if you held the CDO for only a 
Taxable  Income  or  Net  Loss  Allocation,  and  instructions     part of the calendar year. However, if you bought the CDO 
from  the  REMIC  each  quarter.  Schedule  Q  (Form  1066)        at a premium or acquisition premium, see Refiguring OID 
will indicate your share of the REMIC's quarterly taxable          shown on Form 1099-OID, earlier.
income (or loss). Do not attach Schedule Q (Form 1066)             If you did not receive a Form 1099, see You may not get 
to your tax return. Keep it for your records.                      a Form 1099, earlier.
Use Schedule E (Form 1040), Part IV, to report your to-
tal share of the REMIC's taxable income (or loss) for each         FASITs
quarter included in your tax year.
For  more  information  about  reporting  your  income  (or 
                                                                   A financial asset securitization investment trust (FASIT) is 
loss)  from  a  residual  interest  in  a  REMIC,  follow  the  In-
                                                                   an  entity  that  securitizes  debt  obligations  such  as  credit 
structions  for  Schedule  Q  (Form  1066)  and  Schedule  E 
                                                                   card  receivables,  home  equity  loans,  and  automobile 
(Form 1040).
                                                                   loans.

Collateralized Debt Obligations                                    A regular interest in a FASIT is treated as a debt instru-
                                                                   ment. The rules described under Collateralized Debt Obli-
(CDOs)
                                                                   gations (CDOs), earlier, apply to a regular interest in a FA-
A CDO is a debt instrument, other than a REMIC regular             SIT, except that a holder of a regular interest in a FASIT 
interest, that is secured by a pool of mortgages or other          must use an accrual method of accounting to report OID 
evidence of debt and that has principal payments subject           and interest income.
to acceleration. (Note: While REMIC regular interests are 
                                                                   For more information about FASITs, see sections 860H 
collateralized debt obligations, they have unique rules that 
                                                                   through 860L of the Internal Revenue Code.
do  not  apply  to  CDOs  issued  before  1987.)  CDOs,  also 
known as “pay-through bonds,” are commonly divided into                    Beginning  January  1,  2005,  the  special  rules  for 
different classes (also called “tranches”).                        !       FASITs  are  repealed.  However,  the  special  rules 
                                                                   CAUTION still  apply  to  any  FASIT  in  existence  on  October 
CDOs can be secured by a pool of mortgages, automo-
                                                                   22, 2004, to the extent that regular interests issued by the 
bile loans, equipment leases, or credit card receivables.
                                                                   FASIT before that date continue to remain outstanding in 
For  more  information  about  the  qualifications  and  the       accordance with the original terms of issuance.
tax treatment that apply to an issuer of a CDO, see section 

Publication 550 (2023)                        Chapter 1  Investment Income                                               37



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                                                                    money to invest in stock or other securities. The club may 
                                                                    or may not have a written agreement, a charter, or bylaws.
S Corporations
                                                                    Usually,  the  group  operates  informally  with  members 
In general, an S corporation does not pay a tax on its in-          pledging  to  pay  a  monthly  regular  amount  into  the  club. 
come.  Instead,  its  income  and  expenses  are  passed            Some clubs have a committee that gathers information on 
through to the shareholders, who then report these items            securities, selects the most promising securities, and rec-
on their own income tax returns.                                    ommends that the club invest in them. Other clubs rotate 
                                                                    these  responsibilities  among  all  their  members.  Most 
If you are an S corporation shareholder, your share of 
                                                                    clubs require all members to vote for or against all invest-
the corporation's current year income or loss and other tax 
                                                                    ments, sales, trades, and other transactions.
items  are  taxed  to  you  whether  or  not  you  receive  any 
amount. Generally, those items increase or decrease the             Identifying number. Each club must have an EIN to use 
basis  of  your  S  corporation  stock,  as  appropriate.  For      when filing its return. The club's EIN also may have to be 
more information on basis adjustments for S corporation             given to the payer of dividends or other income from in-
stock, see Stocks and Bonds, later.                                 vestments recorded in the club's name. To obtain an EIN, 
Generally,  S  corporation  distributions,  except  dividend        apply  online  at IRS.gov/Businesses/Small-Businesses-&-
distributions, are considered a return of capital and reduce        Self-Employed/Apply-for-an-Employer-Identification-
your basis in the stock of the corporation. The part of any         Number-(EIN)-Online  or  file  Form  SS-4,  Application  for 
distribution  that  is  more  than  your  basis  is  treated  as  a Employer  Identification  Number.  See  chapter  5,  How  To 
gain from the sale or exchange of property. The corpora-            Get Tax Help, for more information about how to get this 
tion's distributions may be in the form of cash or property.        form.
S corporation distributions are not treated as dividends            Investments  in  name  of  member. When  an  invest-
except in certain cases in which the corporation has accu-          ment  is  recorded  in  the  name  of  one  club  member,  this 
mulated earnings and profits from years before it became            member must give its SSN to the payer of investment in-
an S corporation.                                                   come. (When an investment is held in the names of two or 
                                                                    more club members, the SSN of only one member must 
Reporting  S  corporation  income,  deductions,  and                be given to the payer.) This member is considered the re-
credits. The  S  corporation  should  send  you  a  copy  of        cord owner for the actual owner, the investment club. This 
Schedule K-1 (Form 1120S) showing your share of the S               member is a “nominee” and must file an information return 
corporation's income, credits, and deductions for the tax           with the IRS. For example, the nominee member must file 
year. You must report your distributive share of the S cor-         Form 1099-DIV for dividend income, showing the club as 
poration's income, gain, loss, deductions, or credits on the        the  owner  of  the  dividend,  its  SSN,  and  the  EIN  of  the 
appropriate  lines  and  schedules  of  your  Form  1040  or        club.
1040-SR.
For more information about your treatment of S corpo-
ration tax items, see Shareholder's Instructions for Sched-         Tax Treatment of the Club

ule K-1 (Form 1120S).                                               Generally, an investment club is treated as a partnership 
Limit on losses and deductions.      The deduction for              for  federal  tax  purposes  unless  it  chooses  otherwise.  In 
your  share  of  losses  and  deductions  shown  on  Sched-         some situations, however, it is taxed as a corporation or a 
ule  K-1  (Form  1120S)  is  limited  to  the  adjusted  basis  of  trust.
your  stock  and  any  debt  the  corporation  owes  you.  Any 
loss or deduction not allowed because of this limit is car-         Clubs  formed  before  1997.   Before  1997,  the  rules  for 
ried over and treated as a loss or deduction in the next tax        determining how an investment club is treated were differ-
year.                                                               ent from those explained in the following discussions. An 
                                                                    investment  club  that  existed  before  1997  is  treated  for 
Passive activity losses.   Rules apply that limit losses            later years the same way it was treated before 1997, un-
from passive activities. Your copy of Schedule K-1 (Form            less it chooses to be treated a different way under the new 
1120S) and its instructions will explain the limits and tell        rules. To make that choice, the club must file Form 8832, 
you where on your return to report your share of S corpo-           Entity Classification Election.
ration items from passive activities.
Form 8582. If you have a passive activity loss from an              Club as a Partnership
S corporation, you must complete Form 8582 to figure the 
allowable  loss  to  enter  on  your  return.  See  Pub.  925  for  If your club is not taxed as a corporation or a trust, it will be 
more information.                                                   treated as a partnership.

                                                                    Filing requirement. If your investment club is treated as 
                                                                    a partnership, it must file Form 1065, U.S. Return of Part-
Investment Clubs                                                    nership  Income.  However,  as  a  partner  in  the  club,  you 
                                                                    must  report  on  your  individual  return  your  share  of  the 
An  investment  club  is  formed  when  a  group  of  friends,      club's  income,  gains,  losses,  deductions,  and  credits  for 
neighbors,  business  associates,  or  others  pool  their          the  club's  tax  year.  (Its  tax  year  generally  must  be  the 

38                                   Chapter 1 Investment Income                                   Publication 550 (2023)



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same tax year as that of the partners owning a majority in-      You must report any distributions you receive from the 
terest.)  You  must  report  these  items  whether  or  not  you club on your individual return. You should receive a copy 
actually receive any distribution from the partnership.          of Form 1099-DIV from the club showing the distributions 
                                                                 you received.
Schedule K-1 (Form 1065).   You should receive a copy            Some  corporations  can  choose  not  to  be  taxed  and 
of  Schedule  K-1  (Form  1065)  from  the  partnership.  The    have earnings taxed to the shareholders. See S Corpora-
amounts  shown  on  Schedule  K-1  (Form  1065)  are  your       tions, earlier.
share of the partnership's income, deductions, and cred-         For more information about corporations, see Pub. 542, 
its.  Report  each  amount  on  the  appropriate  lines  and     Corporations.
schedules of your income tax return.
The  club's  expenses  for  producing  or  collecting  in-       Club as a Trust
come, for managing investment property, or for determin-
ing any tax are listed separately on Schedule K-1 (Form          In a few cases, an investment club is taxed as a trust. In 
1065).                                                           general, a trust is an arrangement through which trustees 
For more information about reporting your income from            take title to property for the purpose of protecting or con-
a partnership, see the Schedule K-1 (Form 1065) instruc-         serving it for the beneficiaries under the ordinary rules ap-
tions. Also, see Pub. 541, Partnerships.                         plied  in  chancery  or  probate  courts.  An  arrangement  is 
Passive activity losses.    Rules apply that limit losses        treated as a trust for tax purposes if its purpose is to vest 
from passive activities. Your copy of Schedule K-1 (Form         in  trustees  responsibility  for  protecting  and  conserving 
1065) and its instructions will tell you where on your return    property for beneficiaries who cannot share in that respon-
to report your share of partnership items from passive ac-       sibility and so are not associates in a joint enterprise for 
tivities. If you have a passive activity loss from a partner-    the conduct of business for profit. If you need more infor-
ship, you must complete Form 8582 to figure the amount           mation about trusts, see Regulations section 301.7701-4.
of the allowable loss to enter on your tax return.
                                                                 Filing  requirement. If  your  club  is  taxed  as  a  trust,  it 
No social security coverage for investment club earn-            must file Form 1041, U.S. Income Tax Return for Estates 
ings. If  an  investment  club  partnership's  activities  are   and  Trusts.  You  should  receive  a  copy  of  Schedule  K-1 
limited to investing in savings certificates, stock, or securi-  (Form 1041) from the trust. Report the amounts shown on 
ties, and collecting interest or dividends for its members'      Schedule  K-1  (Form  1041)  on  the  appropriate  lines  and 
accounts,  a  member's  share  of  income  is  not  earnings     schedules of your income tax return.
from  self-employment.  You  cannot  voluntarily  pay  the 
self-employment tax to increase your social security cov-
erage and ultimate benefits.

Club as a Corporation
                                                                 2.
An investment club formed after 1996 is taxed as a corpo-
ration if:
                                                                 Tax Shelters and Other 
It is formed under a federal or state law that refers to it 
  as incorporated or as a corporation, body corporate, 
  or body politic;                                               Reportable
It is formed under a state law that refers to it as a 
                                                                 Transactions
  joint-stock company or joint-stock association; or
It chooses to be taxed as a corporation.
Choosing to be taxed as a corporation.    To choose to           Introduction
be taxed as a corporation, the club cannot be a trust (see       Investments  that  yield  tax  benefits  are  sometimes  called 
Club as a Trust, later) or otherwise subject to special treat-   “tax  shelters.”  In  some  cases,  Congress  has  concluded 
ment under the tax law. The club must file Form 8832 to          that  the  loss  of  revenue  is  an  acceptable  side  effect  of 
make the choice.                                                 special tax provisions designed to encourage taxpayers to 
                                                                 make certain types of investments. In many cases, how-
Filing  requirement. If  your  club  is  taxed  as  a  corpora-  ever, losses from tax shelters produce little or no benefit to 
tion, it must file Form 1120, U.S. Corporation Income Tax        society, or the tax benefits are exaggerated beyond those 
Return. In that case, you do not report any of its income or     intended.  Those  cases  are  called  “abusive  tax  shelters.” 
expenses  on  your  individual  return.  All  ordinary  income   An investment that is considered a tax shelter is subject to 
and expenses and capital gains and losses must be repor-         restrictions, including the requirement that it be disclosed. 
ted on the Form 1120. Any distribution the club makes that       See Disclosure of reportable transactions, later.
qualifies  as  a  dividend  must  be  reported  on  Form 
1099-DIV if total distributions to the shareholder are $10 
or more for the year.

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Topics                                                                Because there are many types of abusive tax shelters, 
This chapter discusses:                                              it is not possible to list all the factors you should consider 
                                                                     in determining whether an offering is an abusive tax shel-
  Abusive Tax Shelters,                                            ter.  However,  you  should  ask  the  following  questions, 
                                                                     which  might  provide  a  clue  to  the  abusive  nature  of  the 
  Rules To Curb Abusive Tax Shelters,                              plan.
  Investor Reporting,                                                Do the tax benefits far outweigh the economic bene-
                                                                     
  Penalties, and                                                     fits? Are the tax benefits the primary reason for the 
                                                                       transaction?
  Whether To Invest.
                                                                     Is this a transaction you would seriously consider if 
Useful Items                                                           you hoped to make a profit?
You may want to see:                                                 Do shelter assets really exist and, if so, are they in-
                                                                       sured for less than their purchase price?
Publication
                                                                     Is there a nontax justification for the way profits and 
      538 538 Accounting Periods and Methods                           losses are allocated to partners?
      561 561 Determining the Value of Donated Property              Do the facts and supporting documents make eco-
      925 925 Passive Activity and At-Risk Rules                       nomic sense? For example, are there sales and re-
                                                                       sales of the tax shelter property at ever increasing pri-
Form (and Instructions)                                                ces?
      8275    8275 Disclosure Statement                              Does the investment plan involve a gimmick, device, 
      8275-R       8275-R Regulation Disclosure Statement              or sham to hide the economic reality of the transac-
                                                                       tion?
      8283    8283 Noncash Charitable Contributions
                                                                     Does the promoter offer to backdate documents? Are 
      8865    8865 Return of U.S. Persons With Respect to              you instructed to backdate checks covering your in-
          Certain Foreign Partnerships                                 vestment?
      8886    8886 Reportable Transaction Disclosure Statement       Is your debt a real debt or are you assured by the pro-
      8918    8918 Material Advisor Disclosure Statement               moter that you will never have to pay it?
      8938    8938 Statement of Specified Foreign Financial          Does this transaction involve laundering U.S. source 
          Assets                                                       income through foreign corporations incorporated in a 
                                                                       tax haven and owned by U.S. shareholders?
See chapter 5, How To Get Tax Help, for information about 
getting these publications and forms.
                                                                     Rules To Curb
                                                                     Abusive Tax Shelters

Abusive Tax Shelters                                                 Congress  has  enacted  a  series  of  income  tax  laws  de-
                                                                     signed  to  halt  the  growth  of  abusive  tax  shelters.  These 
Abusive tax shelters are marketing schemes involving arti-           provisions include the following.
ficial  transactions  with  little  or  no  economic  reality.  They 
often make use of unrealistic allocations, inflated apprais-          Disclosure  of  reportable  transactions.          You  must 
als,  losses  in  connection  with  nonrecourse  loans,  mis-        disclose  information  for  each  reportable  transaction  in 
matching of income and deductions, financing techniques              which you participate. See Reportable Transaction Disclo-
that  do  not  conform  to  standard  commercial  business           sure Statement, later.
practices,  or  mischaracterization  of  the  substance  of  the      Material advisors with respect to any reportable trans-
transaction. Despite appearances to the contrary, the tax-           action must disclose information about the transaction on 
payer generally risks little.                                        Form 8918, Material Advisor Disclosure Statement. To de-
                                                                     termine whether you are a material advisor to a transac-
Abusive tax shelters commonly involve package deals                  tion, see the Instructions for Form 8918.
designed from the start to generate losses, deductions, or            Material  advisors  will  receive  a  reportable  transaction 
credits that will be far more than the present or future in-         number  for  the  disclosed  reportable  transaction.  They 
vestment. For example, abusive tax shelters may promise              must provide this number to all persons to whom they ac-
investors from the start that future inflated appraisals will        ted as a material advisor. They must provide the number 
enable them to deduct charitable contribution deductions             at the time the transaction is entered into. If they do not 
based on those appraisals. (But see the appraisal require-           have the number at that time, they must provide it within 
ments discussed under     Rules To Curb Abusive Tax Shel-            60 days from the date the number is mailed to them. For 
ters, later.) They are commonly marketed in terms of the             information on penalties for failure to disclose and failure 
ratio  of  tax  deductions  allegedly  available  to  each  dollar   to maintain lists, see sections 6707, 6707A, and 6708.
invested. This ratio (or “write-off”) is frequently said to be 
several times greater than one-to-one.

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Requirement  to  maintain  list.          Material  advisors        be  disallowed.  The  guidance  is  the  IRS’s  conclusion  on 
must maintain a list of persons to whom they provide ma-            how  the  law  is  applied  to  a  particular  set  of  facts.  Guid-
terial aid, assistance, or advice on any reportable transac-        ance is published in the Internal Revenue Bulletin for tax-
tion. The list must be available for inspection by the IRS,         payers' information and also for use by IRS officials. So, if 
and  the  information  required  to  be  included  on  the  list    your return is examined and an abusive tax shelter is iden-
must generally be kept for 7 years. See Regulations sec-            tified  and  challenged,  published  guidance  dealing  with 
tion 301.6112-1 for more information (including what infor-         that  type  of  shelter,  which  disallows  certain  claimed  tax 
mation is required to be included on the list).                     shelter benefits, could serve as the basis for the examin-
                                                                    ing official's challenge of the tax benefits you claimed. In 
Confidentiality privilege. The confidentiality privilege 
                                                                    such a case, the examiner will not compromise even if you 
between  you  and  a  federally  authorized  tax  practitioner 
                                                                    or  your  representative  believe  you  have  authority  for  the 
does not apply to written communications made after Oc-
                                                                    positions taken on your tax return. In addition, the exam-
tober 21, 2004, regarding the promotion of your direct or 
                                                                    iner can also assess penalties based on the facts and cir-
indirect participation in any tax shelter.
                                                                    cumstances.
Appraisal requirement for donated property.     If you                      The courts are generally unsympathetic to taxpay-
claim  a  deduction  of  more  than  $5,000  for  an  item  or      !       ers involved in abusive tax shelter schemes and 
group of similar items of donated property, you must gen-           CAUTION have ruled in favor of the IRS in the majority of the 
erally get a qualified appraisal. See section 170 and Form          cases in which these shelters have been challenged.
8283  for  more  information.  If  you  claim  a  deduction  of 
more  than  $500,000  for  the  donated  property,  you  must 
generally  attach  the  qualified  appraisal  to  your  return.  If Investor Reporting
you file electronically, see Form 8453, U.S. Individual In-
come Tax Transmittal for an IRS e-file Return, and its in-          You may be required to file a reportable transaction disclo-
structions. See Pub. 561 for information about appraisals.          sure statement.
Passive activity loss and credit limits.        The passive 
activity loss and credit rules limit the amount of losses and       Reportable Transaction Disclosure 
credits  that  can  be  claimed  from  passive  activities  and     Statement
limit the amount that can offset nonpassive income, such 
as  certain  portfolio  income  from  investments.  See  Pub.       Use Form 8886 to disclose information for each reportable 
925 for information about income, losses, and credits from          transaction  in  which  you  participated.  See Reportable 
passive activities.                                                 transaction, later. Generally, you must attach Form 8886 to 
                                                                    your return for each tax year in which you participated in 
Interest on penalties.    If you are assessed an accu-
                                                                    the  transaction.  Under  certain  circumstances,  a  transac-
racy-related  or  civil  fraud  penalty  (as  discussed  under 
                                                                    tion  must  be  disclosed  within  90  days  of  the  transaction 
Penalties, later), interest will be imposed on the amount of 
                                                                    being identified as a listed transaction or a transaction of 
the penalty from the due date of the return (including any 
                                                                    interest. See Listed transaction, later. In addition, for the 
extensions) to the date you pay the penalty.
                                                                    first year Form 8886 is attached to your return, you must 
Accounting method restriction.            Tax shelters gener-       send a copy of the form to:
ally cannot use the cash method of accounting.
                                                                    Internal Revenue Service
Uniform capitalization rules.  The uniform capitaliza-              OTSA Mail Stop 4915
tion rules generally apply to producing property or acquir-         1973 Rulon White Blvd.
ing it for resale. Under those rules, the direct cost and part      Ogden, UT 84201
of the indirect cost of the property must be capitalized or 
included in inventory. See Pub. 538 for uniform capitaliza-         If you file your return electronically, the copy sent to The 
tion rules.                                                         Office of Tax Shelter Analysis (OTSA) must show exactly 
Denial  of  deduction  for  interest  on  an  underpay-             the  same  information,  word  for  word,  provided  with  the 
ment due to a reportable transaction.     You cannot de-            electronically  filed  return  and  it  must  be  provided  on  the 
duct any interest you paid or accrued on any part of an un-         official IRS Form 8886 or an exact copy of the form. If you 
derpayment of tax due to an understatement arising from             use  a  computer-generated  or  substitute  Form  8886,  it 
a reportable transaction if the relevant facts affecting the        must be an exact copy of the official IRS form.
tax  treatment  of  the  item  are  not  adequately  disclosed. 
See Reportable transaction, later. This rule applies to re-         If you fail to file Form 8886 as required or fail to include 
portable transactions entered into in tax years beginning           any required information on the form, you may have to pay 
after October 22, 2004.                                             a penalty. See Penalty for failure to disclose a reportable 
                                                                    transaction, later.
Authority for Disallowance of Tax Benefits
                                                                    The  following  discussion  briefly  describes  reportable 
The  IRS  has  published  guidance  concluding  that  the           transactions.  For  more  details,  see  the  Instructions  for 
claimed tax benefits of various abusive tax shelters should         Form 8886.

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Reportable transaction. A reportable transaction is any                 the same as, or substantially similar to, one of the types of 
of the following.                                                       transactions that the IRS has identified by notice, regula-
                                                                        tion, or other published guidance as a transaction of inter-
 A listed transaction.
                                                                        est. For more information, go to Abusive Tax Shelters and 
 A confidential transaction.                                          Transactions, where you will find a link to a list of transac-
 A transaction with contractual protection.                           tions of interest.
 A loss transaction.                                                     Updates  on  reportable  transactions. For  updates 
                                                                        on all reportable transactions, go to Abusive Tax Shelters 
 A transaction of interest entered into after November                and Transactions.
   1, 2006.
   Note. Transactions  with  a  brief  asset  holding  period           Penalties
were removed from the definition of reportable transaction 
for transactions entered into after August 2, 2007.                     Investing in an abusive tax shelter may lead to substantial 
                                                                        expenses.  First,  the  promoter  generally  charges  a  sub-
   Listed  transaction. A  listed  transaction  is  the  same           stantial fee. If your return is examined by the IRS and a tax 
as, or substantially similar to, one of the types of transac-           deficiency is determined, you will have to pay more taxes 
tions the IRS has determined to be a tax-avoidance trans-               and interest on the underpayment, possibly a 20%, 30%, 
action. These transactions have been identified in notices,             or even 40% accuracy-related penalty, or a 75% civil fraud 
regulations,  and  other  published  guidance  issued  by  the          penalty. You may also be subject to the penalty for failure 
IRS.                                                                    to pay tax. These penalties are explained in the following 
   For more information, go to Abusive Tax Shelters and                 paragraphs.
Transactions,  where  you  will  find  a  link  to  a  list  of  listed 
transactions.                                                           Accuracy-related  penalties. An  accuracy-related  pen-
                                                                        alty of 20% can be imposed for underpayments of tax due 
   Confidential  transaction.  A  confidential  transaction 
                                                                        to:
is offered to you under conditions of confidentiality and for 
which you have paid an advisor a minimum fee. A transac-                 Negligence or disregard of rules or regulations,
tion is offered under conditions of confidentiality if the ad-           Substantial understatement of tax,
visor who is paid the fee places a limit on your disclosure 
of the tax treatment or tax structure of the transaction and             Substantial valuation misstatements (increased to 
the  limit  protects  the  confidentiality  of  the  advisor's  tax        40% for gross valuation misstatements),
strategies. The transaction is treated as confidential even              Transactions lacking economic substance (increased 
if the conditions of confidentiality are not legally binding on            to 40% for nondisclosed noneconomic substance 
you.                                                                       transactions),
   Transaction with contractual protection.   Generally,                 Undisclosed foreign financial asset understatements 
a  transaction  with  contractual  protection  is  one  in  which          (40% for tax years beginning after March 18, 2010), or
you or a related party has the right to a full or partial refund 
of fees if all or part of the intended tax consequences of               Disallowance of a deduction for a qualified conserva-
                                                                           tion contribution by a pass-through entity under sec-
the  transaction  are  not  sustained,  or  a  transaction  for 
                                                                           tion 170(h)(7).
which the fees are contingent on realizing the tax benefits 
from  the  transaction.  For  information  on  exceptions,  see            If you are charged an accuracy-related penalty, interest 
Revenue Procedure 2007-20, 2007-7 I.R.B. 517, available                 will be imposed on the amount of the penalty from the due 
at IRS.gov/irb/2007-07_IRB#RP-2007-20.                                  date  of  the  return  (including  extensions)  to  the  date  you 
                                                                        pay the penalty.
   Loss transaction.    For individuals, a loss transaction                The 20% penalties do not apply to any underpayment 
is one that results in a deductible loss if the gross amount            attributable  to  a  reportable  transaction  understatement 
of the loss is at least $2 million in a single tax year or $4           subject to an accuracy-related penalty (discussed later).
million in any combination of tax years. A loss from a for-
eign  currency  transaction  under  section  988  is  a  loss              Negligence  or  disregard  of  rules  or  regulations. 
transaction  if  the  gross  amount  of  the  loss  is  at  least       The penalty for negligence or disregard of rules or regula-
$50,000 in a single tax year, whether or not the loss flows             tions is imposed only on the part of the underpayment due 
through from an S corporation or partnership.                           to negligence or disregard of rules or regulations. Gener-
   Certain losses (such as losses from casualties, thefts,              ally, the penalty will not be charged if you can show you 
and condemnations) are excepted from this category and                  had reasonable cause for understating your tax and that 
do not have to be reported on Form 8886. For information                you acted in good faith.
on  other  exceptions,  see  Revenue  Procedure  2013-11,                  Negligence includes any failure to make a reasonable 
2013-2   I.R.B.   269,  available at          IRS.gov/irb/              attempt to comply with the provisions of the Internal Reve-
2013-02_IRB#RP-2013-11.  See   Updates  on  reportable                  nue  Code.  It  also  includes  any  failure  to  keep  adequate 
transactions, later, for updates on loss transactions.                  books and records. A return position that has a reasona-
                                                                        ble  basis  is  not  negligence.  See  Regulations  section 
   Transaction of interest. A transaction of interest is a              1.6662-3(b)(1).
transaction  entered  into  after  November  1,  2006,  that  is 

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Disregard  includes  any  careless,  reckless,  or  inten-        adjusted basis of property by 200% or more of the amount 
tional disregard of rules or regulations.                         determined to be correct, you will be assessed a penalty 
The penalty for disregard of rules and regulations can            of 40%, instead of 20%, of the amount you underpaid be-
be avoided if all the following are true.                         cause  of  the  gross  valuation  misstatement.  The  penalty 
                                                                  rate is also 40% if the property's correct value or adjusted 
  You keep adequate books and records.
                                                                  basis is zero.
  You have a reasonable basis for your position on the 
    tax issue.                                                    Transaction lacking economic substance.                The eco-
                                                                  nomic  substance  doctrine  only  applies  to  an  individual 
  You make an adequate disclosure of your position.             that entered into a transaction in connection with a trade 
Use Form 8275 to make your disclosure and attach it to            or business or an activity engaged in for the production of 
your return. To disclose a position contrary to a regulation,     income. A transaction has economic substance for you as 
use Form 8275-R. Use Form 8886 to disclose a reportable           an individual taxpayer only if:
transaction. See Reportable transaction, earlier.                 The transaction changes your economic position in a 
Substantial  understatement  of  tax.     An  understate-           meaningful way (apart from federal income tax ef-
ment is considered to be substantial if it is more than the         fects), and
greater of:                                                       You have a substantial purpose (apart from federal in-
  10% of the tax required to be shown on the return, or           come tax effects) for entering into the transaction.
  $5,000.                                                       For  purposes  of  determining  whether  economic  sub-
                                                                  stance  exists,  a  transaction's  profit  potential  will  only  be 
For tax years 2018 through 2025, if you claim any deduc-          taken into account if the present value of the reasonably 
tion  allowed  under  section  199A,  an  understatement  is      expected pre-tax profit from the transaction is substantial 
considered to be substantial if it is more than the greater       compared  to  the  present  value  of  the  expected  net  tax 
of:                                                               benefits that would be allowed if the transaction were re-
  5% of the tax required to be shown on the return, or          spected.
                                                                  If any part of your underpayment is due to any disallow-
  $5,000.
                                                                  ance  of  claimed  tax  benefits  by  reason  of  a  transaction 
In general, “understatement” means the excess of:                 lacking economic substance or failing to meet the require-
1. The amount of the tax required to be shown on the re-          ments of any similar rule of law, that part of your underpay-
    turn for the tax year; over                                   ment will be subject to the 20% accuracy-related penalty 
                                                                  even  if  you  had  a  reasonable  cause  and  acted  in  good 
2. The amount of the tax imposed which is shown on the            faith concerning that part.
    return, reduced by any rebate (within the meaning of          Additionally, the penalty increases to 40% if you do not 
    section 6211(b)(2)).                                          adequately disclose, on your return or in a statement at-
                                                                  tached to your return, the relevant facts affecting the tax 
For  items  other  than  tax  shelters,  you  can  file  Form 
                                                                  treatment of a transaction that lacks economic substance. 
8275 or Form 8275-R to disclose items that could cause a 
                                                                  Relevant facts include any facts affecting the tax treatment 
substantial understatement of income tax. In that way, you 
                                                                  of the transaction.
can  avoid  the  substantial  understatement  penalty  if  you 
have a reasonable basis for your position on the tax issue.               You  may  be  subject  to  a  20%  penalty  based  on 
Disclosure of the tax shelter item on a tax return does not       !       the  excessive  amount  of  an  erroneous  claim  for 
reduce the amount of the understatement.                          CAUTION an  income  tax  refund  or  credit.  If  that  excessive 
Also, the understatement penalty will not be imposed if           amount results from a transaction found to be lacking eco-
you can show there was reasonable cause for the under-            nomic substance, it will NOT be treated as due to reason-
payment caused by the understatement and that you ac-             able cause.
ted in good faith. An important factor in establishing rea-
sonable  cause  and  good  faith  will  be  the  extent  of  your Undisclosed  foreign  financial  asset  understate-
effort to determine your proper tax liability under the law.      ment. For tax years beginning after March 18, 2010, you 
                                                                  may be liable for a 40% penalty for an understatement of 
Substantial valuation misstatement.       In general, you 
                                                                  your tax liability due to an undisclosed foreign financial as-
are liable for a 20% penalty for a substantial valuation mis-
                                                                  set. An undisclosed foreign financial asset is any asset for 
statement if any the following are true.
                                                                  which an information return, required to be provided under 
  The value or adjusted basis of any property claimed           sections 6038, 6038B, 6038D, 6046A, or 6048 for any tax 
    on the return is 150% or more of the correct amount.          year, is not provided. The penalty applies to any part of an 
                                                                  underpayment related to the following undisclosed foreign 
  You underpaid your tax by more than $5,000 because 
                                                                  financial assets.
    of the misstatement.
  You cannot establish that you had reasonable cause            Any foreign business you control, reportable on Form 
                                                                    5471, Information Return of U.S. Persons With Re-
    for the underpayment and that you acted in good faith.
                                                                    spect To Certain Foreign Corporations, or Form 8865, 
You may be assessed a penalty of 40% for a gross val-               Return of U.S. Persons With Respect to Certain For-
uation  misstatement.  If  you  misstate  the  value  or  the       eign Partnerships.

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 Certain transfers of property to a foreign corporation or       ing  federal  income  tax.  The  penalty  is  30%  rather  than 
   partnership, reportable on Form 926, Return by a U.S.           20% for the part of any reportable transaction understate-
   Transferor of Property to a Foreign Corporation, or cer-        ment if the transaction was not properly disclosed.
   tain distributions to a foreign person, reportable on             This  penalty  does  not  apply  to  the  part  of  an  under-
   Form 8865.                                                      statement on which the fraud penalty, gross valuation mis-
 Your ownership interest in an otherwise undisclosed             statement penalty, or penalty for nondisclosure of noneco-
   foreign financial asset, reportable on Form 8275 or             nomic substance transactions is imposed.

   8275-R. See the Instructions for Form 8275 or Form              Civil fraud penalty. If any underpayment of tax on your 
   8275-R.                                                         return is due to fraud, a penalty of 75% of the underpay-
        Instead of, or in addition to, Form 8275 or 8275-R,        ment will be added to your tax.
!       you  may  have  to  file  Form  8938,  Statement  of         Joint  return. The  fraud  penalty  on  a  joint  return  ap-
CAUTION Specified Foreign Financial Assets, with your tax 
                                                                   plies to a spouse only if some part of the underpayment is 
return. See the Instructions for Form 8938 for details.
                                                                   due to the fraud of that spouse.

 Your acquisition, disposition, or substantial change in         Failure to pay tax. If a deficiency is assessed and is not 
   ownership interest in a foreign partnership, reportable         paid within 10 days of the demand for payment, you may 
   on Form 8865.                                                   be penalized with up to a 25% addition to tax if the failure 
 Creation or transfer of money or property to certain            to pay continues.
   foreign trusts, reportable on Form 3520, Annual Re-
   turn To Report Transactions With Foreign Trusts and             Whether To Invest
   Receipt of Certain Foreign Gifts.
                                                                   Take into account the risks, benefits, and the source of ev-
Penalty for incorrect appraisals.   The person who pre-            ery financial transaction before investing. You may wish to 
pares  an  appraisal  of  the  value  of  property  may  have  to  consider professional legal and financial advice for help in 
pay a penalty if:                                                  evaluating the transaction.
 He or she knows, or reasonably should have known, 
   that the appraisal would be used in connection with a 
   return or claim for refund; and
 The claimed value of the property on a return or claim 
   for refund based on that appraisal results in a substan-
   tial valuation misstatement or a gross valuation mis-           3.
   statement. See Substantial valuation misstatement, 
   earlier.
                                                                   Investment Expenses
For  details  on  the  penalty  amount  and  exceptions,  see 
Pub. 561.
Penalty  for  failure  to  disclose  a  reportable  transac-       Terms you may need to know 
tion. If you fail to include any required information regard-      (see Glossary):
ing a reportable transaction on a return or statement, you            At-risk rules
may have to pay a penalty of 75% of the decrease in tax 
shown  on  your  return  as  a  result  of  such  transaction  (or    Passive activity
that would have resulted if the transaction were respected            Portfolio income
for federal tax purposes). See Reportable transaction, ear-
                                                                    
lier. For an individual, the minimum penalty is $5,000 and 
the maximum is $10,000 (or $100,000 for a listed transac-
tion). This penalty is in addition to any other penalty that       Topics
may be imposed.                                                    This chapter discusses:
The IRS may rescind or abate the penalty for failing to 
disclose a reportable transaction under certain limited cir-        Limits on Deductions,
cumstances  but  cannot  rescind  the  penalty  for  failing  to      Interest Expenses,
                                                                    
disclose  a  listed  transaction.  See  Revenue  Procedure 
2007-21, as updated by Treasury Decision 9686 and An-               Bond Premium Amortization,
nouncement 2016-1, for information on rescission.                   Nondeductible Interest Expenses,
Accuracy-related penalty for a reportable transaction               How To Report Investment Interest Expenses, and
understatement.   If you have a reportable transaction un-          When To Report Investment Expenses.
derstatement,  you  may  have  to  pay  a  penalty  equal  to 
20% of the amount of that understatement. This applies to 
any  item  due  to  a  listed  transaction  or  other  reportable 
transaction with a significant purpose of avoiding or evad-

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Useful Items                                                           You perform more than 750 hours of services during 
You may want to see:                                                     the year in real property trades or businesses in which 
                                                                         you materially participate.
Publication                                                            The term “trade or business” generally means any activity 
     925  925 Passive Activity and At-Risk Rules                       that  involves  the  conduct  of  a  trade  or  business,  is  con-
                                                                       ducted in anticipation of starting a trade or business, or in-
Form (and Instructions)                                                volves  certain  research  or  experimental  expenditures. 
     Schedule A (Form 1040) Schedule A (Form 1040) Itemized Deductions However, it does not include rental activities or certain ac-
                                                                       tivities treated as incidental to holding property for invest-
     4952     4952 Investment Interest Expense Deduction               ment.
     8615     8615 Tax for Certain Children Who Have Unearned           You are considered to materially participate in an activ-
          Income                                                       ity if you are involved on a regular, continuous, and sub-
     8814     8814 Parents’ Election To Report Child's Interest and    stantial basis in the operations of the activity.
          Dividends                                                     Other income (nonpassive income).     Generally, you 
See chapter 5, How To Get Tax Help, for information about              can  use  losses  from  passive  activities  only  to  offset  in-
getting these publications and forms.                                  come from passive activities. You cannot use passive ac-
                                                                       tivity losses to offset your other income, such as your wa-
                                                                       ges  or  your  portfolio  income.  Portfolio  income  includes 
                                                                       gross income from interest, dividends, annuities, or royal-
Limits on Deductions                                                   ties that is not derived in the ordinary course of a trade or 
                                                                       business. It also includes gains or losses (not derived in 
Your deductions for investment expenses may be limited 
                                                                       the ordinary course of a trade or business) from the sale 
by:
                                                                       or trade of property (other than an interest in a passive ac-
 The at-risk rules,                                                  tivity)  producing  portfolio  income  or  held  for  investment. 
 The passive activity loss limits, or                                This includes capital gain distributions from mutual funds 
                                                                       (and  other  regulated  investment  companies  (RICs))  and 
 The limit on investment expenses.                                   real estate investment trusts (REITs).
The  at-risk  rules  and  passive  activity  rules  are  ex-            You cannot use passive activity losses to offset Alaska 
plained briefly in this section. The limit on investment inter-        Permanent Fund dividends.
est is explained later in this chapter under Interest Expen-            Expenses. Do not include in the computation of your 
ses.                                                                   passive activity income or loss:
At-risk  rules.    Special  at-risk  rules  apply  to  most  in-       Expenses (other than interest) that are clearly and di-
come-producing activities. These rules limit the amount of               rectly allocable to your portfolio income, or
loss you can deduct to the amount you risk losing in the                 Interest expense properly allocable to portfolio in-
                                                                       
activity. Generally, this is the cash and the adjusted basis             come.
of property you contribute to the activity. It also includes 
money you borrow for use in the activity if you are person-            However, this interest and other expenses may be subject 
ally liable for repayment or if you use property not used in           to other limits. These limits are explained in the rest of this 
the activity as security for the loan. For more information,           chapter.
see Pub. 925.                                                           Additional  information.     For  more  information  about 
                                                                       determining  and  reporting  income  and  losses  from  pas-
Passive activity losses and credits.               The amount of los-
                                                                       sive activities, see Pub. 925.
ses and tax credits you can claim from passive activities is 
limited. Generally, you are allowed to deduct passive ac-
tivity losses only up to the amount of your passive activity 
income. Also, you can use credits from passive activities              Interest Expenses
only  against  tax  on  the  income  from  passive  activities. 
There are exceptions for certain activities, such as rental            This section discusses interest expenses you may be able 
real estate activities.                                                to deduct as an investor.
Passive  activity.      A  passive  activity  is  generally  any        For information on business interest, see chapter 8 of 
activity involving the conduct of any trade or business in             Pub. 334, Tax Guide for Small Business.
which you do not materially participate and any rental ac-              You  generally  cannot  deduct  personal  interest.  How-
tivity.  However,  if  you  are  involved  in  renting  real  estate,  ever, you can deduct qualified home mortgage interest, as 
the activity is not a passive activity if both of the following        explained  in  Pub.  936,  Home  Mortgage  Interest  Deduc-
are true.                                                              tion, and interest on certain student loans, as explained in 
 More than one-half of the personal services you per-                Pub. 970, Tax Benefits for Education.
   form during the year in all trades or businesses are 
   performed in real property trades or businesses in 
   which you materially participate.

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Investment Interest                                                  1. You had deposited the $2,000 in the bank. You had no 
                                                                     other transactions on the bank account until June. You did 
If you borrow money to buy property you hold for invest-             not sell the stock, and you made no principal payments on 
ment, the interest you pay is investment interest. You can           the  debt.  You  paid  interest  from  another  account.  The 
deduct  investment  interest  subject  to  the  limit  discussed     $8,000  is  treated  as  being  used  for  an  investment  pur-
later. However, you cannot deduct interest you incurred to           pose. The $2,000 is treated as being used for an invest-
produce  tax-exempt  income.  See Tax-exempt  income,                ment  purpose  for  the  3-month  period.  Your  total  interest 
later. You also cannot deduct interest expenses on strad-            expense for 3 months on this debt is investment interest. 
dles  discussed  under Interest  expense  and  carrying              In June, when you spend the $2,000 for household items, 
charges on straddles, later.                                         you must begin to allocate 80% of the debt and the inter-
                                                                     est expense to investment purposes and 20% to personal 
Investment  interest  does  not  include  any  qualified             purposes.
home mortgage interest or any interest taken into account 
                                                                     Amounts  paid  within  30  days.   If  you  receive  loan 
in computing income or loss from a passive activity.
                                                                     proceeds in cash or if the loan proceeds are deposited in 
Investment  property.  Property  held  for  investment  in-          an account, you can treat any payment (up to the amount 
cludes property that produces interest, dividends, annui-            of the proceeds) made from any account you own, or from 
ties,  or  royalties  not  derived  in  the  ordinary  course  of  a cash, as made from those proceeds. This applies to any 
trade or business. It also includes property that produces           payment made within 30 days before or after the proceeds 
gain or loss (not derived in the ordinary course of a trade          are received in cash or deposited in your account.
or business) from the sale or trade of property producing            If you received the loan proceeds in cash, you can treat 
these types of income or held for investment (other than             the payment as made on the date you received the cash 
an interest in a passive activity). Investment property also         instead of the date you actually made the payment.
includes an interest in a trade or business activity in which 
                                                                     Payments  on  debt  may  require  new  allocation.     As 
you did not materially participate (other than a passive ac-
                                                                     you  repay  a  debt  used  for  more  than  one  purpose,  you 
tivity).
                                                                     must  reallocate  the  balance.  You  must  first  reduce  the 
Partners,  shareholders,  and  beneficiaries.       To  de-          amount allocated to personal purposes by the repayment. 
termine  your  investment  interest,  combine  your  share  of       You then reallocate the rest of the debt to find what part is 
investment interest from a partnership, S corporation, es-           for investment purposes.
tate, or trust with your other investment interest.
                                                                     Example  3. If,  in  Example  2,  you  repay  $500  on  No-
Allocation of Interest Expense                                       vember  1,  the  entire  repayment  is  applied  against  the 
                                                                     amount allocated to personal purposes. The debt balance 
If you borrow money for business, personal purposes, or              is now allocated as $8,000 for investment purposes and 
investment, you must allocate the debt among those pur-              $1,500 for personal purposes. Until the next reallocation is 
poses. Only the interest expense on the part of the debt             necessary, 84% ($8,000 ÷ $9,500) of the debt and the in-
used for investment purposes is treated as investment ex-            terest expense is allocated to investment.
pense. The allocation is not affected by the use of prop-
                                                                     Pass-through entities.  If you use borrowed funds to buy 
erty that secures the debt.
                                                                     an interest in a partnership or S corporation, then the in-
Example  1. You  borrow  $10,000  and  use  $8,000  to               terest on those funds must be allocated based on the as-
buy stock. You use the other $2,000 to buy items for your            sets of the entity. If you contribute to the capital of the en-
home. Because 80% of the debt is used for, and allocated             tity,  you  can  make  the  allocation  using  any  reasonable 
to, investment purposes, 80% of the interest on that debt            method.
is  investment  interest.  The  other  20%  is  nondeductible 
                                                                     Additional allocation rules. For more information about 
personal interest.
                                                                     allocating interest expense, see chapter 8 of Pub. 334.
Debt  proceeds  received  in  cash. If  you  receive  debt 
proceeds in cash, the proceeds are generally not treated             When To Deduct Investment Interest
as investment property.
                                                                     If you use the cash method of accounting, you must pay 
Debt  proceeds  deposited  in  account. If  you  deposit             the interest expense before you can deduct it. 
debt proceeds in an account, that deposit is treated as in-
vestment  property,  regardless  of  whether  the  account           If  you  use  an  accrual  method  of  accounting,  you  can 
bears  interest.  But,  if  you  withdraw  the  funds  and  use      deduct  interest  over  the  period  it  accrues,  regardless  of 
them for another purpose, you must reallocate the debt to            when you pay it. For an exception, see Unpaid expenses 
determine  the  amount  considered  to  be  for  investment          owed to related party, later in this chapter.
purposes.
                                                                     Example. You  borrowed  $1,000  on  August  18,  2023, 
Example 2.  Assume in        Example 1 that you borrowed             payable in 90 days at 4% interest. On November 17, 2023, 
the money on March 1 and immediately bought the stock                you paid this with a new note for $1,010, due on February 
for $8,000. You did not buy the household items until June           16, 2024. If you use the cash method of accounting, you 

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cannot deduct any part of the $10 interest on your return          expense  you  paid  or  accrued  during  the  year  to  buy  or 
for 2023 because you did not actually pay it in that year. If      carry a short-term obligation is limited.
you use an accrual method, you may be able to deduct a             The interest is deductible only to the extent it is more 
portion of the interest on the loans through December 31,          than:
2023, on your return for 2023.
                                                                   The amount of acquisition discount or OID on the obli-
Interest paid in advance. Generally, if you pay interest             gation for the tax year, plus
in advance for a period that goes beyond the end of the            The amount of any interest payable on the obligation 
tax year, you must spread the interest over the tax years to         for the year that is not included in income because of 
which it belongs under the OID rules discussed in chap-              your accounting method (other than interest taken into 
ter 1. You can deduct in each year only the interest for that        account in determining the amount of acquisition dis-
year.                                                                count or OID).
Interest on margin accounts.  If you are a cash method             The method of determining acquisition discount and OID 
taxpayer, you can deduct interest on margin accounts to            for short-term obligations is discussed in chapter 1 under 
buy  taxable  securities  as  investment  interest  in  the  year  Discount on Short-Term Obligations.
you  paid  it.  You  are  considered  to  have  paid  interest  on Interest  not  deducted  due  to  limit.  In  the  year  you 
these accounts only when you actually pay the broker or            dispose of the obligation, or, if you choose, in another year 
when  payment  becomes  available  to  the  broker  through        in which you have net interest income from the obligation, 
your  account.  Payment  may  become  available  to  the           you can deduct any interest expense you were not allowed 
broker through your account when the broker collects divi-         to deduct for an earlier year because of the limit. Follow 
dends or interest for your account, or sells securities held       the  same  rules  provided  in  the  earlier  discussion  under 
for you or received from you.                                      Limit on interest deduction for market discount bonds.
Limit  on  interest  deduction  for  market  discount 
bonds. The amount you can deduct for interest expense              Limit on Deduction
you paid or accrued during the year to buy or carry a mar-
ket discount bond may be limited. This limit does not apply        Generally, your deduction for investment interest expense 
if you accrue the market discount and include it in your in-       is limited to your net investment income.
come currently.                                                    You  can  carry  over  the  amount  of  investment  interest 
Under this limit, the interest is deductible only to the ex-       you could not deduct because of this limit to the next tax 
tent it is more than:                                              year. The interest carried over is treated as investment in-
1. The total interest and OID includible in gross income           terest paid or accrued in that next year.
for the bond for the year, plus                                    You can carry over disallowed investment interest to the 
2. The market discount for the number of days you held             next tax year even if it is more than your taxable income in 
the bond during the year.                                          the year the interest was paid or accrued.
Figure the amount in (2) above using the rules for figuring 
                                                                   Net Investment Income
accrued  market  discount  in  chapter  1  under Market  Dis-
count Bonds.                                                       Determine the amount of your net investment income by 
Interest  not  deducted  due  to  limit. In  the  year  you        subtracting your investment expenses (other than interest 
dispose of the bond, you can deduct any interest expense           expense) from your investment income.
you were not allowed to deduct in earlier years because of 
the limit.                                                         Investment  income. Generally,  investment  income  in-
                                                                   cludes  your  gross  income  from  property  held  for  invest-
Choosing  to  deduct  disallowed  interest  expense                ment such as interest, dividends, annuities, and royalties. 
before the year of disposition. You can choose to de-              Investment  income  does  not  include  Alaska  Permanent 
duct  disallowed  interest  expense  in  any  year  before  the    Fund  dividends.  It  also  does  not  include  qualified  divi-
year you dispose of the bond, up to your net interest in-          dends  or  net  capital  gain  unless  you  choose  to  include 
come from the bond during the year. The rest of the disal-         them.
lowed interest expense remains deductible in the year you 
dispose of the bond.                                               Choosing  to  include  qualified  dividends.          Invest-
                                                                   ment  income  generally  does  not  include  qualified  divi-
Net  interest  income. This  is  the  interest  income  (in-       dends, discussed in chapter 1. However, you can choose 
cluding OID) from the bond that you include in income for          to include all or part of your qualified dividends in invest-
the year, minus the interest expense paid or accrued dur-          ment income.
ing the year to purchase or carry the bond.                        You  make  this  choice  by  completing  Form  4952, 
                                                                   line 4g, according to its instructions.
Limit  on  interest  deduction  for  short-term  obliga-           If you choose to include any of your qualified dividends 
tions. If  the  current  income  inclusion  rules  discussed  in   in investment income, you must reduce your qualified divi-
chapter  1  under Discount  on  Short-Term  Obligations  do        dends that are eligible for the lower capital gains tax rates 
not apply to you, the amount you can deduct for interest           by the same amount.

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Choosing to include net capital gain.   Investment in-             line 8z. You figure the amount of your child's income that 
come generally does not include net capital gain from dis-         you can consider your investment income as follows.
posing of investment property (including capital gain distri-
butions from mutual funds). However, you can choose to                        $3,500 − ($3,500 × ($2,000 ÷ $6,000)) = $2,333
include all or part of your net capital gain in investment in-
                                                                   You include the result, $2,333, on Form 4952, line 4a.
come.
You  make  this  choice  by  completing  Form  4952,               Child's  capital  gain  distributions.                   If  part  of  the 
line 4g, according to its instructions.                            amount you report is your child's capital gain distributions, 
If you choose to include any of your net capital gain in           that part (which is reported on Schedule D (Form 1040), 
investment income, you must reduce your net capital gain           line 13; or Form 1040, line 7) generally does not count as 
that is eligible for the lower capital gains tax rates by the      investment income. However, you can choose to include 
same amount.                                                       all or part of it in investment income, as explained under 
For more information about the capital gains rates, see            Choosing to include net capital gain, earlier.
Capital Gain Tax Rates in chapter 4.                               Your  investment  income  also  includes  the  amount  on 
                                                                   Form 8814, line 12 (or, if applicable, the reduced amount 
        Before making either choice, consider the overall 
                                                                   figured  under Child's  Alaska  Permanent  Fund  dividends, 
TIP     effect on your tax liability. Compare your tax if you 
                                                                   earlier).
        make one or both of these choices with your tax if 
you do not.                                                        Investment expenses.         Investment expenses are your al-
                                                                   lowed  deductions  (other  than  interest  expense)  directly 
Investment income of child reported on parent's re-                connected with the production of investment income.
turn. Investment income includes the part of your child's 
interest and dividend income you choose to report on your          Losses  from  passive  activities.             Income  or  expenses 
return.  If  the  child  does  not  have  qualified  dividends,    that you used in computing income or loss from a passive 
Alaska Permanent Fund dividends, or capital gain distribu-         activity are not included in determining your investment in-
tions, this is the amount on line 6 of Form 8814. Include it       come or investment expenses (including investment inter-
on line 4a of Form 4952.                                           est expense). See Pub. 925 for information about passive 
                                                                   activities.
Example.    Your 8-year-old child has interest income of 
$2,600,  which  you  choose  to  report  on  your  own  return.    Example.   Ted is a partner in a partnership that oper-
You enter $2,600 on Form 8814, lines 1a and 4, and $100            ates a business. However, he does not materially partici-
on  lines  6  and  12,  and  complete  Part  II.  You  also  enter pate  in  the  partnership's  business.  Ted's  interest  in  the 
$100 on Schedule 1 (Form 1040), line 8z. Your investment           partnership is considered a passive activity.
income includes this $100.                                         Ted's  investment  income  from  interest  and  dividends 
                                                                   (other than qualified dividends) is $10,000. His investment 
Child's qualified dividends. If part of the amount you             expenses (other than interest) are $3,200. His investment 
report is your child's qualified dividends, that part (which is    interest expense is $8,000. Ted also has income from the 
reported on Form 1040, line 3a) generally does not count           partnership of $2,000.
as  investment  income.  However,  you  can  choose  to  in-       Ted figures his net investment income and the limit on 
clude all or part of it in investment income, as explained         his investment interest expense deduction in the following 
under Choosing to include qualified dividends, earlier.            way.
Your  investment  income  also  includes  the  amount  on 
Form 8814, line 12 (or, if applicable, the reduced amount          Total investment income. . . . . . . . . . . . . . . . . . . . $10,000
figured  next  under Child's  Alaska  Permanent  Fund  divi-       Minus: Investment expenses (other than interest). . . .        3,200
dends).                                                            Net investment income. . . . . . . . . . . . . . . . . . . . . $6,800
Child's Alaska Permanent Fund dividends.     If part of 
the  amount  you  report  is  your  child's  Alaska  Permanent     Deductible investment interest expense for the year. . .       $6,800
Fund dividends, that part does not count as investment in-
come. To figure the amount of your child's income that you         The  $2,000  of  income  from  the  passive  activity  is  not 
can  consider  your  investment  income,  start  with  the         used in determining Ted's net investment income. His in-
amount  on  Form  8814,  line  6.  Multiply  that  amount  by  a   vestment  interest  deduction  for  the  year  is  limited  to 
percentage  that  is  equal  to  the  Alaska  Permanent  Fund      $6,800, the amount of his net investment income.
dividends  divided  by  the  total  amount  on  Form  8814, 
line 4. Subtract the result from the amount on Form 8814,          Form 4952
line 12.
                                                                   Use Form 4952 to figure your deduction for investment in-
Example.    Your  10-year-old  child  has  taxable  interest       terest. See Form 4952 for more information.
income of $4,000 and Alaska Permanent Fund dividends 
of  $2,000.  You  choose  to  report  this  on  your  return.  You 
enter  $4,000  on  Form  8814,  line  1a;  $2,000  on  line  2a; 
and  $6,000  on  line  4.  You  then  enter  $3,500  on  Form 
8814,  lines  6  and  12;  and  Schedule  1  (Form  1040), 

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Exception  to  use  of  Form  4952. You  do  not  have  to           Bonds whose basis has to be determined using the 
complete Form 4952 or attach it to your return if you meet             basis of the person who transferred the bond to you.
all of the following tests.                                          See Regulations section 1.171-1(e).
Your investment income from interest and ordinary div-
  idends minus any qualified dividends is more than                  Dealers. A dealer in taxable bonds (or anyone who holds 
  your investment interest expense.                                  them mainly for sale to customers in the ordinary course 
                                                                     of  a  trade  or  business,  or  who  would  properly  include 
You do not have any other deductible investment ex-                bonds  in  inventory  at  the  close  of  the  tax  year)  cannot 
  penses.                                                            claim a deduction for amortizable bond premium.
You have no carryover of investment interest expense               See  section  75  of  the  Internal  Revenue  Code  for  the 
  from 2022.                                                         treatment  of  bond  premium  by  a  dealer  in  tax-exempt 
                                                                     bonds.
If you meet all of these tests, you can deduct all of your 
investment interest.
                                                                     How To Figure Amortization

                                                                     For bonds issued after September 27, 1985, you must am-
Bond Premium Amortization                                            ortize bond premium using a constant yield method on the 
                                                                     basis of the bond's yield to maturity, determined by using 
If you pay a premium to buy a bond, the premium is part of           the  bond's  basis  and  compounding  at  the  close  of  each 
your basis in the bond. If the bond yields taxable interest,         accrual period.
you can choose to amortize the premium. This generally 
means that each year, over the life of the bond, you use a           Constant yield method.       Figure the bond premium amor-
part of the premium to reduce the amount of interest in-             tization for each accrual period as follows.
cludible in your income. If you make this choice, you must 
reduce your basis in the bond by the amortization for the            Step  1:  Determine  your  yield.  Your  yield  is  the  dis-
year.                                                                count rate that, when used in figuring the present value of 
                                                                     all remaining payments to be made on the bond (including 
If the bond yields tax-exempt interest, you must amor-               payments  of  qualified  stated  interest),  produces  an 
tize the premium. This amortized amount is not deductible            amount equal to your basis in the bond. Figure the yield as 
in  determining  taxable  income.  However,  each  year,  you        of the date you got the bond. It must be constant over the 
must reduce your basis in the bond (and tax-exempt inter-            term of the bond and must be figured to at least two deci-
est otherwise reportable on your tax return) by the amorti-          mal places when expressed as a percentage.
zation for the year.                                                 If you do not know the yield, consult your broker or tax 
                                                                     advisor. Databases available to them are likely to show the 
If you acquire a security, such as a bond, at a premium,             yield at the date of purchase.
you may receive a Form 1099-INT or Form 1099-OID. See 
the  instructions  on  those  forms  to  determine  if  the          Step  2:  Determine  the  accrual  periods.         You  can 
amounts of interest reported to you have been reduced by             choose  the  accrual  periods  to  use.  They  may  be  of  any 
amortizable bond premium for the period.                             length and may vary in length over the term of the bond, 
                                                                     but each accrual period can be no longer than 1 year, and 
Bond premium. Bond premium is the amount by which                    each scheduled payment of principal or interest must oc-
your basis in the bond right after you get it is more than the       cur either on the first or the final day of an accrual period. 
total  of  all  amounts  payable  on  the  bond  after  you  get  it The  computation  is  simplest  if  accrual  periods  are  the 
(other than payments of qualified stated interest). For ex-          same as the intervals between interest payment dates.
ample,  a  bond  with  a  maturity  value  of  $1,000  generally     Step  3:  Determine  the  bond  premium  for  the  ac-
would have a $50 premium if you buy it for $1,050.                   crual period.  To do this, multiply your adjusted acquisi-
Special rules to determine amounts payable on a                      tion  price  at  the  beginning  of  the  accrual  period  by  your 
bond. For  special  rules  that  apply  to  determine  the           yield. Then, subtract the result from the qualified stated in-
amounts payable on a variable rate bond, an inflation-in-            terest for the period.
dexed debt instrument, a bond that provides for certain al-          Your adjusted acquisition price at the beginning of the 
ternative payment schedules (for example, a bond callable            first accrual period is the same as your basis. After that, it 
prior  to  the  stated  maturity  date  of  the  bond),  or  a  bond is your basis decreased by the amount of bond premium 
that provides for remote or incidental contingencies, see            amortized for earlier periods, and the amount of any pay-
Regulations section 1.171-3.                                         ment previously made on the bond other than a payment 
                                                                     of qualified stated interest.
Basis. In general, your basis for figuring bond premium 
amortization is the same as your basis for figuring any loss         Example. On February 1, 2022, you bought a taxable 
on the sale of the bond. However, you may need to use a              bond  for  $110,000.  The  bond  has  a  stated  principal 
different basis for:                                                 amount  of  $100,000,  payable  at  maturity  on  February  1, 
Convertible bonds,                                                 2029,  making  your  premium  $10,000  ($110,000  − 
                                                                     $100,000).  The  bond  pays  qualified  stated  interest  of 
Bonds you got in a trade, and                                      $10,000  on  February  1  of  each  year.  Your  yield  is 

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8.07439% compounded annually. You choose to use an-             on the bond in prior periods. Any amount you cannot de-
nual accrual periods ending on February 1 of each year.         duct  because  of  this  limit  can  be  carried  forward  to  the 
To find your bond premium amortization for the accrual pe-      next accrual period.
riod ending on February 1, 2023, you multiply the adjusted 
acquisition price at the beginning of the period ($110,000)     Pre-1998 election to amortize bond premium.              Gener-
by  your  yield.  When  you  subtract  the  result  ($8,881.83) ally, if you first elected to amortize bond premium before 
from the qualified stated interest for the period ($10,000),    1998, the above treatment of the premium does not apply 
you find that your bond premium amortization for the pe-        to bonds you acquired before 1988.
riod is $1,118.17.
                                                                Bonds acquired before October 23, 1986. The amorti-
Special  rules  to  figure  amortization.    For  special       zation of the premium on these bonds is a miscellaneous 
rules to figure the bond premium amortization on a varia-       itemized  deduction  not  subject  to  the  2%-of-adjus-
ble  rate  bond,  an  inflation-indexed  debt  instrument,  a   ted-gross-income limit.
bond that provides for certain alternative payment sched-
ules (for example, a bond callable prior to the stated ma-      Bonds  acquired  after  October  22,  1986,  but  before 
turity date of the bond), or a bond that provides for remote    1988. The amortization of the premium on these bonds is 
or  incidental  contingencies,  see  Regulations  section       investment interest expense subject to the investment in-
1.171-3.                                                        terest limit, unless you choose to treat it as an offset to in-
                                                                terest income on the bond.
Choosing To Amortize

You choose to amortize the premium on taxable bonds by          Nondeductible Interest 
reporting the amortization for the year on your income tax 
return for the first tax year you want the choice to apply.     Expenses
You should attach a statement to your return that you are 
making this choice under section 171. See How To Report         Some interest expenses that you incur as an investor are 
Amortization next.                                              not deductible.

This choice is binding for the year you make it and for         Single-premium  life  insurance,  endowment,  and  an-
later tax years. It applies to all taxable bonds you own in     nuity  contracts. You  cannot  deduct  interest  on  money 
the year you make the choice and also to those you ac-          you  borrow  to  buy  or  carry  a  single-premium  life  insur-
quire in later years.                                           ance, endowment, or annuity contract.
You  can  change  your  decision  to  amortize  bond  pre-      Used as collateral.    If you use a single-premium annu-
mium only with the written approval of the IRS. To request      ity contract as collateral to obtain or continue a mortgage 
approval,  use  Form  3115.  For  more  information  on  re-    loan,  you  cannot  deduct  any  interest  on  the  loan  that  is 
questing  approval,  see  section  5  of  Revenue  Procedure    collateralized  by  the  annuity  contract.  Figure  the  amount 
2023-24  in  Internal  Revenue  Bulletin  2023-26.  You  can    of  interest  expense  disallowed  by  multiplying  the  current 
find  Revenue  Procedure  2023-24  at        IRS.gov/irb/       interest  rate  on  the  mortgage  loan  by  the  lesser  of  the 
2023-28_IRB#REV-PROC-2023-24.                                   amount  of  the  annuity  contract  used  as  collateral  or  the 
                                                                amount of the loan.
How To Report Amortization
                                                                Borrowing on insurance.   Generally, you cannot deduct 
(Taxable Bonds)                                                 interest on money you borrow to buy or carry a life insur-
                                                                ance, endowment, or annuity contract if you plan to sys-
Subtract the bond premium amortization from your interest       tematically borrow part or all of the increases in the cash 
income from these bonds.                                        value of the contract. This rule applies to the interest on 
Report the bond's interest on Schedule B (Form 1040),           the total amount borrowed to buy or carry the contract, not 
line 1. Under your last entry on line 1, put a subtotal of all  just  the  interest  on  the  borrowed  increases  in  the  cash 
interest listed on line 1. Below this subtotal, enter the am-   value.
ortizable bond premium allocable to the interest payments 
for the year and label this amount “ABP Adjustment.” Sub-       Tax-exempt income.     You cannot deduct interest expen-
tract this amount from the subtotal, and enter the result on    ses you incur to produce tax-exempt income, such as in-
line 2.                                                         terest on money you borrow to buy tax-exempt securities 
                                                                or shares in a mutual fund or other regulated investment 
Bond premium amortization more than interest. If the            company that distributes only exempt-interest dividends.
amount of your bond premium amortization for an accrual         Short-sale  expenses.     The  rule  disallowing  a  deduc-
period is more than the qualified stated interest for the pe-   tion for interest expenses on debt proceeds used to pur-
riod, you can include the difference in Other Itemized De-      chase tax-exempt securities applies to amounts you pay in 
ductions on Schedule A (Form 1040), line 16.                    connection with personal property used in a short sale or 
But  your  deduction  is  limited  to  the  amount  by  which   amounts paid by others for the use of any collateral in con-
your total interest inclusions on the bond in prior accrual     nection with the short sale. However, it does not apply to 
periods is more than your total bond premium deductions 

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the expenses you incur if you deposit cash as collateral for        must first apply the rules discussed under Limit on interest 
the property used in the short sale and the cash does not           deduction for market discount bonds and Limit on interest 
earn a material return during the period of the sale. Short         deduction for short-term obligations, earlier.
sales are discussed under Short Sales in chapter 4.
                                                                    Nondeductible amount. Figure the nondeductible in-
Expenses for both tax-exempt and taxable income.                    terest  and  carrying  charges  on  straddle  property  as  fol-
You may have expenses that are for both tax-exempt and              lows.
taxable  income.  If  you  cannot  specifically  identify  what 
                                                                    1. Add:
part of the expenses is for each type of income, you can 
divide the expenses, using reasonable proportions based             a. Interest on indebtedness incurred or continued to 
on facts and circumstances. You must attach a statement                  buy or carry the personal property, and
to your return showing how you divided the expenses and 
                                                                    b. All other amounts (including charges to insure, 
stating  that  each  deduction  claimed  is  not  based  on 
                                                                         store, or transport the personal property) paid or 
tax-exempt income.
                                                                         incurred to carry the personal property.
One accepted method for dividing expenses is to do it 
in the same proportion that each type of income is to the           2. Subtract from the amount in (1):
total income. If the expenses relate in part to capital gains 
and losses, include the gains, but not the losses, in figur-        a. Interest (including OID) includible in gross income 
ing this proportion. To find the part of the expenses that is            for the year on the personal property,
for the tax-exempt income, divide your tax-exempt income            b. Any income from the personal property treated as 
by the total income and multiply your expenses by the re-                ordinary income on the disposition of short-term 
sult.                                                                    government obligations or as ordinary income un-
                                                                         der the market discount and short-term bond pro-
Example. You  received  $6,000  in  interest  income;                    visions—see Discount on Debt Instruments in 
$4,800 was tax exempt and $1,200 was taxable. In earn-                   chapter 1,
ing  this  income,  you  had  $500  of  expenses.  You  cannot 
specifically identify the amount of each expense item that          c. The dividends includible in gross income for the 
is for each income item, so you must divide your expen-                  year from the personal property, and
ses.  80%  ($4,800  tax-exempt  interest  divided  by  $6,000       d. Any payment on a loan of the personal property for 
total  interest)  of  your  expenses  is  for  the  tax-exempt  in-      use in a short sale that is includible in gross in-
come. You cannot deduct $400 (80% of $500) of the ex-                    come.
penses. You can deduct $100 (the rest of the expenses) 
because they are for the taxable interest.                          Basis adjustment.   Add the nondeductible amount to 
                                                                    the basis of your straddle property.
State  income  taxes.     If  you  itemize  your  deductions, 
you can deduct, as taxes, state income taxes on interest 
income  that  is  exempt  from  federal  income  tax.  But  you 
cannot  deduct,  as  either  taxes  or  investment  expenses,       How To Report
state income taxes on other exempt income.
                                                                    Investment Interest Expenses
Interest expense and carrying charges on straddles. 
You cannot deduct interest and carrying charges allocable           To  deduct  your  investment  interest  expenses,  you  must 
to personal property that is part of a straddle. The nonde-         itemize  deductions  on  Schedule  A  (Form  1040).  Enter 
ductible  interest  and  carrying  charges  are  added  to  the     your  deductible  investment  interest  expense  on  Sched-
basis  of  the  straddle  property.  However,  this  treatment      ule  A  (Form  1040),  line  9.  Include  any  deductible  short 
does not apply if:                                                  sale expenses. (See Short Sales in chapter 4 for informa-
                                                                    tion  on  these  expenses.)  Also  attach  a  completed  Form 
All the offsetting positions making up the straddle ei-           4952 if you used that form to figure your investment inter-
  ther consist of one or more qualified covered call op-            est expense.
  tions and the optioned stock, or consist of section 
  1256 contracts (and the straddle is not part of a larger          Investment  expenses  from  nonpublicly  offered  mu-
  straddle); or                                                     tual fund or real estate mortgage investment conduit 
The straddle is a hedging transaction.                            (REMIC). If you hold an interest in a nonpublicly offered 
                                                                    mutual  fund,  your  investment  expenses  will  be  shown  in 
For  information  about  straddles,  including  definitions  of     box 6 of Form 1099-DIV. Publicly offered mutual funds are 
the terms used in this discussion, see   Straddles in chap-         discussed later.
ter 4.                                                              If you hold an interest in a REMIC, any expenses relat-
Interest includes any amount you pay or incur in con-               ing to your residual interest investment will be shown on 
nection with personal property used in a short sale. How-           Schedule Q (Form 1066), line 3b. Any expenses relating 
ever, you must first apply the rules discussed under Pay-           to your regular interest investment will appear in box 5 of 
ments in lieu of dividends in chapter 4.                            Form 1099-INT or box 9 of Form 1099-OID.
To  determine  the  interest  on  market  discount  bonds 
and short-term obligations that are part of a straddle, you 

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Including  mutual  fund  or  REMIC  expenses  in  in-          penses owed to a related cash-basis person until payment 
come. Your  share  of  the  investment  expenses  of  a  RE-   is made and the amount is includible in the gross income 
MIC  or  a  nonpublicly  offered  mutual  fund,  as  described of that person. The relationship, for purposes of this rule, 
above, is considered to be an indirect deduction through       is determined as of the end of the tax year for which the 
that pass-through entity. You must include in your gross in-   interest or expense would otherwise be deductible. If a de-
come an amount equal to the expenses allocated to you,         duction is denied under this rule, this rule will continue to 
whether or not you are able to claim a deduction for those     apply even if your relationship with the person ceases to 
expenses. If you are a shareholder in a nonpublicly offered    exist before the amount is includible in the gross income 
mutual  fund,  you  must  include  on  your  return  the  full of that person.
amount  of  ordinary  dividends  or  other  distributions  of  This rule generally applies to those relationships listed 
stock, as shown in box 1a of Form 1099-DIV. If you are a       in chapter 4 under Related Party Transactions. It also ap-
residual interest holder in a REMIC, you must report as or-    plies to accruals by partnerships to partners, partners to 
dinary  income  on  Schedule  E  (Form  1040)  the  total      partnerships, shareholders to S corporations, and S cor-
amounts shown on Schedule Q (Form 1066), lines 1b and          porations to shareholders.
3b. If you are a REMIC regular interest holder, you must in-   The postponement of deductions for unpaid expenses 
clude the amount of any expense allocation you received        and interest under the related party rule does not apply to 
on Form 1040 or 1040-SR, line 2b.                              OID, regardless of when payment is made. This rule also 
                                                               does not apply to loans with below-market interest rates or 
Publicly offered mutual funds. Most mutual funds are           to certain payments for the use of property and services 
publicly offered. These mutual funds, generally, are traded    when the lender or recipient has to include payments peri-
on  an  established  securities  exchange.  These  funds  do   odically in income, even if a payment has not been made.
not pass investment expenses through to you. Instead, the 
dividend  income  they  report  to  you  in  box  1a  of  Form 
1099-DIV is already reduced by your share of investment 
expenses. As a result, you cannot deduct the expenses on 
your return.
Include  the  amount  from  box  1a  of  Form  1099-DIV  in    4.
your income.
        A publicly offered mutual fund is one that:
TIP                                                            Sales and Trades of 

1. Is continuously offered pursuant to a public offering,      Investment Property
2. Is regularly traded on an established securities mar-
   ket, and
                                                               Introduction
3. Is held by or for no fewer than 500 persons at any time 
   during the year.                                            This  chapter  explains  the  tax  treatment  of  sales  and 
                                                               trades of investment property.
Contact your mutual fund if you are not sure whether it is 
publicly offered.                                              Investment property.   This is property that produces in-
                                                               vestment  income.  Examples  include  stocks,  bonds,  and 
For information on how to report amortizable bond pre-
                                                               Treasury bills and notes. Property used in a trade or busi-
mium,  see  Bond  Premium  Amortization,  earlier  in  this 
                                                               ness is not investment property.
chapter.
                                                               Form 1099-B.   If you sold property such as stocks, bonds, 
                                                               mutual  funds,  or  certain  commodities  through  a  broker 
When To Report Investment                                      during the year, the broker should send you, for each sale, 
                                                               a  Form  1099-B,  Proceeds  From  Broker  and  Barter  Ex-
Expenses                                                       change Transactions. You should receive the Form 1099-B 
                                                               for 2023 by February 15, 2024. It will show the gross pro-
If you use the cash method to report income and expen-         ceeds from the sale. The IRS will also get a copy of Form 
ses, you generally deduct your expenses, except for cer-       1099-B from the broker.
tain prepaid interest, in the year you pay them.               Use  the  Form  1099-B  received  from  your  broker  to 
If  you  use  an  accrual  method,  you  generally  deduct     complete  Form  8949,  Sales  and  Other  Dispositions  of 
your expenses when you incur a liability for them, rather      Capital Assets. If you sold a covered security in 2023, your 
than when you pay them.                                        broker will send you a Form 1099-B that shows your basis. 
                                                               This will help you complete Form 8949. Generally, a cov-
See also When To Deduct Investment Interest      , earlier in  ered  security  is  a  security  you  acquired  after  2010,  with 
this chapter.                                                  certain  exceptions  explained  in  the  Instructions  for  Form 
                                                               8949.
Unpaid expenses owed to related party. If you use an 
accrual method, you cannot deduct interest and other ex-

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       For  more  information  on  Form  8949  and  Sched-                           8582 8582 Passive Activity Loss Limitations
TIP    ule  D  (Form  1040),  see                    Reporting  Capital  Gains       8824 8824 Like-Kind Exchanges
       and Losses in this chapter. Also see the Instruc-
                                                                                          8949 
tions  for  Form  8949  and  the  Instructions  for  Schedule  D                     8949      Sales and Other Dispositions of Capital Assets
(Form 1040).                                                                    See chapter 5, How To Get Tax Help, for information about 
                                                                                getting these publications and forms.
Nominees.        If someone receives gross proceeds as a 
nominee for you, that person will give you a Form 1099-B, 
which will show gross proceeds received on your behalf.
If you receive a Form 1099-B that includes gross pro-                           What Is a
ceeds belonging to another person, see               Nominees, later, 
under Reporting Capital Gains and Losses for more infor-                        Sale or Trade?
mation.
Other property transactions.                         Certain transfers of prop- Terms you may need to know 
erty  are  discussed  in  other  IRS  publications.  These  in-                 (see Glossary):
clude:                                                                             Equity option
Sale of your main home, discussed in Pub. 523, Sell-                             Futures contract
  ing Your Home;
                                                                                   Marked-to-market rule
Installment sales, covered in Pub. 537;
                                                                                   Nonequity option
Various types of transactions involving business prop-
  erty, discussed in Pub. 544, Sales and Other Disposi-                            Options dealer
  tions of Assets;                                                                 Regulated futures contract
Transfers of property at death, covered in Pub. 559;                             Section 1256 contract
  and
                                                                                   Short sale
Disposition of an interest in a passive activity, dis-                         
  cussed in Pub. 925.
                                                                                This  section  explains  what  is  a  sale  or  trade.  It  also  ex-
Topics                                                                          plains certain transactions and events that are treated as 
This chapter discusses:                                                         sales or trades.
What Is a Sale or Trade   ,                                                     A sale is generally a transfer of property for money or a 
                                                                                mortgage, note, or other promise to pay money.
Basis of Investment Property,
                                                                                  A  trade  is  a  transfer  of  property  for  other  property  or 
Adjusted Basis,                                                               services, and may be taxed in the same way as a sale.
How To Figure Gain or Loss,
                                                                                Sale  and  purchase.  Ordinarily,  a  transaction  is  not  a 
Nontaxable Trades,                                                            trade when you voluntarily sell property for cash and im-
Transfers Between Spouses,                                                    mediately buy similar property to replace it. The sale and 
                                                                                purchase  are  two  separate  transactions.  But  see 
Related Party Transactions,                                                   Like-Kind Exchanges under Nontaxable Trades, later.
Capital Gains and Losses,
                                                                                Redemption of stock.  A redemption of stock is treated 
Reporting Capital Gains and Losses, and                                       as a sale or trade and is subject to the capital gain or loss 
Special Rules for Traders in Securities or                                    provisions  unless  the  redemption  is  a  dividend  or  other 
  Commodities.                                                                  distribution on stock.
                                                                                  Dividend  versus  sale  or  trade. Whether  a  redemp-
Useful Items                                                                    tion is treated as a sale, trade, dividend, or other distribu-
You may want to see:                                                            tion depends on the circumstances in each case. Both di-
                                                                                rect  and  indirect  ownership  of  stock  will  be  considered. 
Publication                                                                     The redemption is treated as a sale or trade of stock if:
    551 551 Basis of Assets                                                      The redemption is not essentially equivalent to a divi-
                                                                                   dend—see Dividends and Other Distributions in chap-
Form (and Instructions)                                                            ter 1,
    Schedule D (Form 1040)    Schedule D (Form 1040) Capital Gains and Losses    There is a substantially disproportionate redemption 
                                                                                   of stock,
    6781    6781 Gains and Losses From Section 1256 
                                                                                 There is a complete redemption of all the stock of the 
        Contracts and Straddles
                                                                                   corporation owned by the shareholder, or

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 The redemption is a distribution in partial liquidation of       If you are a cash basis taxpayer and make payments on 
   a corporation.                                                   a negotiable promissory note that you issued for stock that 
                                                                    became  worthless,  you  can  deduct  these  payments  as 
Redemption or retirement of bonds.      A redemption or             losses in the years you actually make the payments. Do 
retirement of bonds or notes at their maturity is generally         not deduct them in the year the stock became worthless.
treated as a sale or trade. See Stocks, stock rights, and 
bonds and Discounted Debt Instruments, later.                       How to report loss.  Report worthless securities on Form 
In addition, a significant modification of a bond is trea-          8949, Part I or Part II, whichever applies.
ted as a trade of the original bond for a new bond. For de-
                                                                             Report  your  worthless  securities  transactions  on 
tails, see Regulations section 1.1001-3.
                                                                             Form 8949 with the correct box checked for these 
Surrender of stock. A surrender of stock by a dominant              CAUTION! transactions. See Form 8949 and the Instructions 
shareholder  who  retains  ownership  of  more  than  half  of      for Form 8949.
the corporation's voting shares is treated as a contribution 
to  capital  rather  than  as  an  immediate  loss  deductible      Filing a claim for refund. If you do not claim a loss for a 
from taxable income. The surrendering shareholder must              worthless security on your original return for the year it be-
reallocate his or her basis in the surrendered shares to the        comes worthless, you can file a claim for a credit or refund 
shares he or she retains.                                           due  to  the  loss.  You  must  use  Form  1040-X,  Amended 
                                                                    U.S. Individual Income Tax Return, to amend your return 
Trade  of  investment  property  for  an  annuity.  The             for the year the security became worthless. You must file it 
transfer  of  investment  property  to  a  corporation,  trust,     within  7  years  from  the  date  your  original  return  for  that 
fund, foundation, or other organization, in exchange for a          year had to be filed, or 2 years from the date you paid the 
fixed  annuity  contract  that  will  make  guaranteed  annual      tax, whichever is later. (Claims not due to worthless secur-
payments to you for life, is a taxable trade. If the present        ities  or  bad  debts  must  generally  be  filed  within  3  years 
value of the annuity is more than your basis in the property        from the date a return is filed, or 2 years from the date the 
traded, you have a taxable gain in the year of the trade.           tax is paid, whichever is later.) For more information about 
Figure the present value of the annuity according to fac-           filing  a  claim,  see  Publication  556,  Examination  of  Re-
tors used by commercial insurance companies issuing an-             turns, Appeals Rights, and Claims for Refund.
nuities.
Transfer  by  inheritance. The  transfer  of  property  of  a       Constructive Sales
decedent to the executor or administrator of the estate, or         of Appreciated
to the heirs or beneficiaries, is not a sale or other disposi-      Financial Positions
tion.  No  taxable  gain  or  deductible  loss  results  from  the 
transfer.                                                           You are treated as having made a constructive sale when 
                                                                    you  enter  into  certain  transactions  involving  an  appreci-
Termination  of  certain  rights  and  obligations. The             ated financial position (defined later) in stock, a partner-
cancellation,  lapse,  expiration,  or  other  termination  of  a   ship interest, or certain debt instruments. You must recog-
right or obligation (other than a securities futures contract)      nize  gain  as  if  the  position  were  disposed  of  at  its  fair 
with  respect  to  property  that  is  a  capital  asset  (or  that market  value  on  the  date  of  the  constructive  sale.  This 
would be a capital asset if you acquired it) is treated as a        gives you a new holding period for the position that begins 
sale. Any gain or loss is treated as a capital gain or loss.        on the date of the constructive sale. Then, when you close 
This rule does not apply to the retirement of a debt in-            the  transaction,  you  reduce  your  gain  (or  increase  your 
strument. See Redemption or retirement of bonds, earlier.           loss) by the gain recognized on the constructive sale.

Worthless Securities                                                Constructive  sale. You  are  treated  as  having  made  a 
                                                                    constructive  sale  of  an  appreciated  financial  position  if 
Stocks, stock rights, and bonds (other than those held for          you:
sale by a securities dealer) that became completely worth-          Enter into a short sale of the same or substantially 
less during the tax year are treated as though they were              identical property,
sold on the last day of the tax year. This affects whether 
your capital loss is long term or short term. See  Holding          Enter into an offsetting notional principal contract re-
                                                                      lating to the same or substantially identical property,
Period, later.
                                                                    Enter into a futures or forward contract to deliver the 
Worthless  securities  also  include  securities  that  you           same or substantially identical property (including a 
abandon after March 12, 2008. To abandon a security, you              forward contract that provides for cash settlement), or
must permanently surrender and relinquish all rights in the 
security  and  receive  no  consideration  in  exchange  for  it.   Acquire the same or substantially identical property (if 
All  the  facts  and  circumstances  determine  whether  the          the appreciated financial position is a short sale, an 
transaction is properly characterized as an abandonment               offsetting notional principal contract, or a futures or 
or other type of transaction, such as an actual sale or ex-           forward contract).
change, contribution to capital, dividend, or gift.

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You  are  also  treated  as  having  made  a  constructive            c. The position is not convertible, either directly or in-
sale of an appreciated financial position if a person related              directly, into stock of the issuer (or any related 
to  you  enters  into  a  transaction  described  above  with  a           person).
view toward avoiding the constructive sale treatment. For 
                                                                    3. Any hedge with respect to a position described in (2).
this purpose, a related person is any related party descri-
bed under Related Party Transactions, later in this chap-            Certain trust instruments treated as stock.         For the 
ter.                                                                constructive  sale  rules,  an  interest  in  an  actively  traded 
                                                                    trust is treated as stock unless substantially all of the value 
Exception  for  nonmarketable  securities.  You  are 
                                                                    of the property held by the trust is debt that qualifies for 
not treated as having made a constructive sale solely be-
                                                                    the exception to the definition of an appreciated financial 
cause  you  entered  into  a  contract  for  sale  of  any  stock, 
                                                                    position (explained in (2) above).
debt instrument, or partnership interest that is not a mar-
ketable security if it settles within 1 year of the date you        Sale  of  appreciated  financial  position. A  transaction 
enter into it.                                                      treated as a constructive sale of an appreciated financial 
Exception  for  certain  closed  transactions.     Do  not          position is not treated as a constructive sale of any other 
treat a transaction as a constructive sale if all of the follow-    appreciated financial position, as long as you continue to 
ing are true.                                                       hold the original position. However, if you hold another ap-
                                                                    preciated financial position and dispose of the original po-
1. You closed the transaction on or before the 30th day             sition  before  closing  the  transaction  that  resulted  in  the 
     after the end of your tax year.                                constructive sale, you are treated as if, at the same time, 
2. You held the appreciated financial position throughout           you constructively sold the other appreciated financial po-
     the 60-day period beginning on the date you closed             sition.
     the transaction.
3. Your risk of loss was not reduced at any time during             Section 1256 Contracts
     that 60-day period by holding certain other positions.         Marked to Market

If a closed transaction is reestablished in a substantially         If you hold a section 1256 contract at the end of the tax 
similar position during the 60-day period beginning on the          year, you must generally treat it as sold at its fair market 
date  the  first  transaction  was  closed,  this  exception  still value on the last business day of the tax year.
applies  if  the  reestablished  position  is  closed  before  the 
30th day after the end of your tax year in which the first          Section 1256 Contract
transaction was closed and, after that closing, (2) and (3) 
above are true.                                                     A section 1256 contract is any:
This exception also applies to successive short sales of 
an entire appreciated financial position. For more informa-         Regulated futures contract,
tion, see Revenue Ruling 2003-1 in Internal Revenue Bul-            Foreign currency contract,
letin 2003-3. This bulletin is available at IRS.gov/pub/irs-          Nonequity option,
                                                                    
irbs/irb03-03.pdf.
                                                                    Dealer equity option, or
Appreciated  financial  position.    This  is  any  interest  in 
                                                                    Dealer securities futures contract.
stock, a partnership interest, or a debt instrument (includ-
ing a futures or forward contract, a short sale, or an op-           Exceptions.   A  section  1256  contract  does  not  in-
tion) if disposing of the interest would result in a gain.          clude:
Exceptions.      An  appreciated  financial  position  does         Interest rate swaps,
not include the following.                                          Currency swaps,
1. Any position from which all of the appreciation is ac-           Basis swaps,
     counted for under marked-to-market rules, including 
     section 1256 contracts (described later under Section          Interest rate caps,
     1256 Contracts Marked to Market).                              Interest rate floors,
2. Any position in a debt instrument if:                            Commodity swaps,
     a. The position unconditionally entitles the holder to         Equity swaps,
     receive a specified principal amount;                            Equity index swaps,
                                                                    
     b. The interest payments (or other similar amounts)            Credit default swaps, or
     with respect to the position are payable at a fixed 
     rate or a variable rate described in Regulations               Similar agreements.
     section 1.860G-1(a)(3); and                                    For more details, including definitions of these terms, see 
                                                                    section 1256.

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Regulated futures contract. This is a contract that:                Dealer  equity  option. This  is  any  listed  option  that,  for 
                                                                    an options dealer:
 Provides that amounts which must be deposited to, or 
   can be withdrawn from, your margin account depend                Is an equity option,
   on daily market conditions (a system of marking to                 Is bought or granted by that dealer in the normal 
                                                                    
   market); and                                                       course of the dealer's business activity of dealing in 
 Is traded on, or subject to the rules of, a qualified              options, and
   board of exchange. A qualified board of exchange is a              Is listed on the qualified board of exchange where that 
                                                                    
   domestic board of trade designated as a contract mar-              dealer is registered.
   ket by the Commodity Futures Trading Commission, 
   any board of trade or exchange approved by the Sec-               An “options dealer” is any person registered with an ap-
   retary of the Treasury, or a national securities ex-             propriate national securities exchange as a market maker 
   change registered with the Securities and Exchange               or specialist in listed options.
   Commission (SEC).
                                                                    Equity option. This is any option:
Foreign currency contract. This is a contract that:                 To buy or sell stock, or
 Requires delivery of a foreign currency that has posi-           That is valued directly or indirectly by reference to any 
   tions traded through regulated futures contracts (or               stock or narrow-based security index.
   settlement of which depends on the value of that type 
                                                                    Equity options include options on a group of stocks only if 
   of foreign currency),
                                                                    the group is a narrow-based stock index.
 Is traded in the interbank market, and
                                                                     Dealer securities futures contract.    For any dealer in 
 Is entered into at arm's length at a price determined by         securities futures contracts or options on those contracts, 
   reference to the price in the interbank market.                  this  is  a  securities  futures  contract  (or  option  on  such  a 
Bank forward contracts with maturity dates longer than              contract) that:
the  maturities  ordinarily  available  for  regulated  futures     Is entered into by the dealer (or, in the case of an op-
contracts are considered to meet the definition of a foreign          tion, is purchased or granted by the dealer) in the nor-
currency contract if the above three conditions are satis-            mal course of the dealer's activity of dealing in this 
fied.                                                                 type of contract (or option); and
Special rules apply to certain foreign currency transac-
tions.  These  transactions  may  result  in  ordinary  gain  or    Is traded on a qualified board or exchange (as defined 
loss  treatment.  For  details,  see  Internal  Revenue  Code         under Regulated futures contract, earlier).
section  988  and  Regulations  sections  1.988-1(a)(7)  and        A securities futures contract that is not a dealer securities 
1.988-3.                                                            futures contract is treated as described later under Securi-
                                                                    ties Futures Contracts.
Nonequity  option.   This  is  any  listed  option  (defined 
later)  that  is  not  an  equity  option.  Nonequity  options  in- Marked-to-Market Rules
clude  debt  options,  commodity  futures  options,  currency 
options,  and  broad-based  stock  index  options.  A               A section 1256 contract that you hold at the end of the tax 
broad-based stock index is based on the value of a group            year  will  generally  be  treated  as  sold  at  its  fair  market 
of  diversified  stocks  or  securities  (such  as  the  Standard   value  on  the  last  business  day  of  the  tax  year,  and  you 
and Poor's 500 index).                                              must recognize any gain or loss that results. That gain or 
                                                                    loss  is  taken  into  account  in  figuring  your  gain  or  loss 
Warrants based on a stock index that are economically               when  you  later  dispose  of  the  contract,  as  shown  in  the 
substantially  identical  in  all  material  respects  to  options  Example under 60/40 rule below.
based on a stock index are treated as options based on a 
stock index.                                                        Hedging exception.    The marked-to-market rules do not 
Cash-settled options.   Cash-settled options based on               apply to hedging transactions. See Hedging Transactions, 
a stock index and either traded on or subject to the rules          later.

of a qualified board of exchange are nonequity options if           60/40 rule. Under the marked-to-market system, 60% of 
the SEC determines that the stock index is broad based.             your capital gain or loss will be treated as a long-term cap-
This rule does not apply to options established before              ital gain or loss, and 40% will be treated as a short-term 
the SEC determines that the stock index is broad based.             capital gain or loss. This is true regardless of how long you 
Listed option.  This is any option traded on, or subject            actually held the property.
to  the  rules  of,  a  qualified  board  or  exchange  (as  dis-
cussed earlier under Regulated futures contract). A listed           Example.      On June 1, 2022, you bought a regulated fu-
option, however, does not include an option that is a right         tures  contract  for  $50,000.  On  December  31,  2022  (the 
to acquire stock from the issuer.                                   last business day of your tax year), the fair market value of 
                                                                    the contract was $57,000. You recognized a $7,000 gain 
                                                                    on your 2022 tax return. You treated 60% of the gain as 
                                                                    long-term capital gain and 40% as short-term capital gain.

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On February 1, 2023, you sold the contract for $56,000.             Net  section  1256  contracts  gain.         This  gain  is  the 
Because you recognized a $7,000 gain on your 2022 re-               lesser of:
turn, you recognize a $1,000 loss ($57,000 − $56,000) on 
                                                                    The capital gain net income for the carryback year de-
your 2023 tax return, treated as 60% long-term and 40% 
                                                                      termined by taking into account only gains and losses 
short-term capital loss.
                                                                      from section 1256 contracts, or
Limited  partners  or  entrepreneurs.   The  60/40  rule            The capital gain net income for that year.
does not apply to dealer equity options or dealer securi-
ties futures contracts that result in capital gain or loss allo-    Figure your net section 1256 contracts gain for any carry-
cable to limited partners or limited entrepreneurs (defined         back year without regard to the net section 1256 contracts 
later under Hedging Transactions). Instead, these gains or          loss for the loss year or any later tax year.
losses are treated as short term.
                                                                    Traders in section 1256 contracts.      Gain or loss from 
Terminations  and  transfers.    The  marked-to-market              the trading of section 1256 contracts is capital gain or loss 
rules also apply if your obligation or rights under section         subject to the marked-to-market rules. However, this does 
1256 contracts are terminated or transferred during the tax         not apply to contracts held for purposes of hedging prop-
year. In this case, use the fair market value of each section       erty  if  any  loss  from  the  property  would  be  an  ordinary 
1256 contract at the time of termination or transfer to de-         loss.
termine the gain or loss. Terminations or transfers may re-         Treatment  of  underlying  property.         The  determina-
sult from any offsetting, delivery, exercise, assignment, or        tion of whether an individual's gain or loss from any prop-
lapse of your obligation or rights under section 1256 con-          erty is ordinary or capital gain or loss is made without re-
tracts.                                                             gard to the fact that the individual is actively engaged in 
                                                                    dealing in or trading section 1256 contracts related to that 
Loss  carryback  election. An  individual  having  a  net 
                                                                    property.
section 1256 contracts loss (defined later) can generally 
elect to carry this loss back 3 years instead of carrying it        Deferral of net gain from section 1256 contracts due 
over to the next year. See How To Report, later, for infor-         to  investment  in  Qualified  Opportunity  Fund.    For 
mation about reporting this election on your return.                special rules relating to the deferral of net gain from sec-
The  loss  carried  back  to  any  year  under  this  election      tion 1256 contracts, see section 1400Z-2. See the Form 
cannot be more than the net section 1256 contracts gain             8949 instructions for how to report.
in that year. In addition, the amount of loss carried back to 
an earlier tax year cannot increase or produce a net oper-          How To Report
ating loss for that year.
The loss is carried to the earliest carryback year first,           If  you  disposed  of  regulated  futures  or  foreign  currency 
and any unabsorbed loss amount can then be carried to               contracts in 2023 (or had unrealized profit or loss on these 
each of the next 2 tax years. In each carryback year, treat         contracts that were open at the end of 2022 or 2023), you 
60% of the carryback amount as a long-term capital loss             should receive Form 1099-B from your broker.
and  40%  as  a  short-term  capital  loss  from  section  1256 
contracts.                                                          Form 6781. Use Part I of Form 6781 to report your gains 
If only a portion of the net section 1256 contracts loss is         and losses from all section 1256 contracts that are open 
absorbed by carrying the loss back, the unabsorbed por-             at the end of the year or that were closed out during the 
tion can be carried forward, under the capital loss carry-          year. This includes the amount shown in box 11 of Form 
over rules, to the year following the loss. For more informa-       1099-B. Then enter the net amount of these gains and los-
tion,  see Capital  Losses,  later.  Figure  your  capital  loss    ses on Schedule D (Form 1040), line 4 or line 11, as ap-
carryover  as  if,  for  the  loss  year,  you  had  an  additional propriate. Include a copy of Form 6781 with your income 
short-term capital gain of 40% of the amount of net sec-            tax return.
tion 1256 contracts loss absorbed in the carryback years            If the Form 1099-B you receive includes a straddle or 
and an additional long-term capital gain of 60% of the ab-          hedging transaction, defined later, it may be necessary to 
sorbed  loss.  In  the  carryover  year,  treat  any  capital  loss show certain adjustments on Form 6781. Follow the Form 
carryover  from  losses  on  section  1256  contracts  as  if  it   6781 instructions for completing Part I.
were a loss from section 1256 contracts for that year.
                                                                    Loss carryback election. To carry back your loss under 
Net  section  1256  contracts  loss. This  loss  is  the            the  election  procedures  described  earlier,  file  Form 
lesser of:                                                          1040-X or Form 1045, Application for Tentative Refund, for 
The net capital loss for your tax year determined by              the year to which you are carrying the loss with an amen-
  taking into account only the gains and losses from                ded Form 6781 and an amended Schedule D (Form 1040) 
  section 1256 contracts, or                                        attached.  Follow  the  instructions  for  completing  Form 
                                                                    6781 for the loss year to make this election.
The capital loss carryover to the next tax year deter-
  mined without this election.

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Hedging Transactions                                                 Sale of property used in a hedge.  Once you identify 
                                                                     personal property as being part of a hedging transaction, 
The marked-to-market rules, described earlier, do not ap-            you must treat gain from its sale or exchange as ordinary 
ply  to  hedging  transactions.  A  transaction  is  a  hedging      income, not capital gain.
transaction if both of the following conditions are met.
1. You entered into the transaction in the normal course             Self-Employment Income
   of your trade or business primarily to manage the risk 
   of:                                                               Gains and losses derived in the ordinary course of a com-
                                                                     modity or option dealer's trading in section 1256 contracts 
   a. Price changes or currency fluctuations on ordinary             and property related to these contracts are included in net 
       property you hold (or will hold); or                          earnings  from  self-employment.  See  the  Instructions  for 
   b. Interest rate or price changes, or currency fluctua-           Schedule SE (Form 1040). In addition, the rules relating to 
       tions, on your current or future borrowings or ordi-          contributions  to  self-employment  retirement  plans  apply. 
       nary obligations.                                             For information on retirement plan contributions, see Pub. 
                                                                     560 and Pub. 590-A.
2. You clearly identified the transaction as being a hedg-
   ing transaction before the close of the day on which 
   you entered
   into it.                                                          Basis of

This  hedging  transaction  exception  does  not  apply  to          Investment Property
transactions entered into by or for any syndicate. A syndi-
cate is a partnership, S corporation, or other entity (other 
than a regular corporation) that allocates more than 35%             Terms you may need to know 
of its losses to limited partners or limited entrepreneurs. A        (see Glossary):
limited entrepreneur is a person who has an interest in an             Basis
                                                                       
enterprise (but not as a limited partner) and who does not 
actively participate in its management. However, an inter-             Fair market value
est is not considered held by a limited partner or entrepre-           Original issue discount (OID)
neur if the interest holder actively participates (or did so 
                                                                      
for at least 5 full years) in the management of the entity, or 
is  the  spouse,  child  (including  a  legally  adopted  child), 
                                                                     Basis is a way of measuring your investment in property 
grandchild, or parent of an individual who actively partici-
                                                                     for tax purposes. You must know the basis of your prop-
pates in the management of the entity.
                                                                     erty to determine whether you have a gain or loss on its 
Hedging loss limit.  If you are a limited partner or entre-          sale or other disposition.
preneur in a syndicate, the amount of a hedging loss you 
                                                                       Investment  property  you  buy  normally  has  an  original 
can  claim  is  limited.  A  “hedging  loss”  is  the  amount  by 
                                                                     basis  equal  to  its  cost.  If  you  get  property  in  some  way 
which the allowable deductions in a tax year that resulted 
                                                                     other than buying it, such as by gift or inheritance, its fair 
from a hedging transaction (determined without regard to 
                                                                     market value may be important in figuring the basis.
the  limit)  are  more  than  the  income  received  or  accrued 
during the tax year from this transaction.
Any  hedging  loss  allocated  to  you  for  the  tax  year  is      Cost Basis
limited to your taxable income for that year from the trade 
or business in which the hedging transaction occurred. Ig-           The basis of property you buy is usually its cost. The cost 
nore  any  hedging  transaction  items  in  determining  this        is the amount you pay in cash, debt obligations, or other 
taxable income. If you have a hedging loss that is disal-            property or services.
lowed  because  of  this  limit,  you  can  carry  it  over  to  the 
next  tax  year  as  a  deduction  resulting  from  a  hedging       Unstated  interest.  If  you  buy  property  on  a  time-pay-
transaction.                                                         ment  plan  that  charges  little  or  no  interest,  the  basis  of 
If the hedging transaction relates to property other than            your  property  is  your  stated  purchase  price,  minus  the 
stock or securities, the limit on hedging losses applies if          amount considered to be unstated interest. You generally 
the limited partner or entrepreneur is an individual.                have unstated interest if your interest rate is less than the 
The  limit  on  hedging  losses  does  not  apply  to  any           applicable federal rate. For more information, see  Unsta-
hedging loss to the extent that it is more than all your un-         ted Interest and Original Issue Discount (OID) in Pub. 537.
recognized gains from hedging transactions at the end of 
the tax year that are from the trade or business in which            Basis Other Than Cost
the hedging transaction occurred. The term “unrecognized 
gain” has the same meaning as defined under Loss Defer-              There  are  times  when  you  must  use  a  basis  other  than 
ral Rules, later.                                                    cost. In these cases, you may need to know the property's 
                                                                     fair  market  value  or  the  adjusted  basis  of  the  previous 
                                                                     owner.

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Fair market value. This is the price at which the property           and any liability of yours that was assumed or treated as 
would change hands between a buyer and a seller, neither             assumed.
being  forced  to  buy  or  sell  and  both  having  reasonable 
knowledge of all the relevant facts. Sales of similar prop-          Property Received
erty, around the same date, may be helpful in figuring fair          From Your Spouse
market value.
                                                                     If property is transferred to you from your spouse (or for-
Property Received for Services                                       mer spouse, if the transfer is incident to your divorce), your 
                                                                     basis is the same as your spouse's or former spouse's ad-
If you receive investment property for services, you must            justed  basis  just  before  the  transfer.  See Transfers  Be-
include  the  property's  fair  market  value  in  income.  The      tween Spouses, later.
amount you include in income then becomes your basis in 
the property. If the services were performed for a price that                Recordkeeping.   The transferor must give you the 
was agreed to beforehand, this price will be accepted as                     records necessary to determine the adjusted ba-
the fair market value of the property if there is no evidence        RECORDS sis  and  holding  period  of  the  property  as  of  the 
to the contrary.                                                     date of the transfer.

Restricted property. If you receive, as payment for serv-
                                                                     Property Received as a Gift
ices,  property  that  is  subject  to  certain  restrictions,  your 
basis in the property is generally its fair market value when        To figure your basis in property that you received as a gift, 
it  becomes  substantially  vested.  Property  becomes  sub-         you must know its adjusted basis to the donor just before it 
stantially vested when it is transferable or is no longer sub-       was given to you, its fair market value at the time it was 
ject  to  substantial  risk  of  forfeiture,  whichever  happens     given to you, the amount of any gift tax paid on it, and the 
first. See Restricted Property in Pub. 525 for more infor-           date it was given to you.
mation.
                                                                     Fair market value less than donor's adjusted basis.  If 
Bargain  purchases.  If  you  buy  investment  property  at          the fair market value of the property at the time of the gift 
less than fair market value, as payment for services, you            was  less  than  the  donor's  adjusted  basis  just  before  the 
must  include  the  difference  in  income.  Your  basis  in  the    gift, your basis for gain on its sale or other disposition is 
property is the price you pay plus the amount you include            the same as the donor's adjusted basis plus or minus any 
in income.                                                           required adjustments to basis during the period you hold 
                                                                     the property. Your basis for loss is its fair market value at 
Property Received                                                    the time of the gift plus or minus any required adjustments 
in Taxable Trades                                                    to basis during the period you hold the property.
If you received investment property in trade for other prop-         No  gain  or  loss.   If  you  use  the  basis  for  figuring  a 
erty, the basis of the new property is its fair market value at      gain and the result is a loss, and then use the basis for fig-
the time of the trade unless you received the property in a          uring a loss and the result is a gain, you will have neither a 
nontaxable trade.                                                    gain nor a loss.

Example.     You trade A Company stock for B Company                 Example.       You  receive  a  gift  of  investment  property 
stock having a fair market value of $1,200. If the adjusted          having an adjusted basis of $10,000 at the time of the gift. 
basis  of  the  A  Company  stock  is  less  than  $1,200,  you      The fair market value at the time of the gift is $9,000. You 
have a taxable gain on the trade. If the adjusted basis of           later  sell  the  property  for  $9,500.  Your  basis  for  figuring 
the A Company stock is more than $1,200, you have a de-              gain  is  $10,000,  and  $9,500  minus  $10,000  results  in  a 
ductible loss on the trade. The basis of your B Company              $500  loss.  Your  basis  for  figuring  loss  is  $9,000,  and 
stock is $1,200. If you later sell the B Company stock for           $9,500 minus $9,000 results in a $500 gain. You have nei-
$1,300, you will have a gain of $100.                                ther gain nor loss.

                                                                     Fair market value equal to or more than donor's ad-
Property Received                                                    justed  basis.  If  the  fair  market  value  of  the  property  at 
in Nontaxable Trades                                                 the time of the gift was equal to or more than the donor's 
                                                                     adjusted basis just before the gift, your basis for gain or 
If you have a nontaxable trade, you do not recognize gain            loss on its sale or other disposition is the donor's adjusted 
or loss until you dispose of the real property you received          basis plus or minus any required adjustments to basis dur-
in the trade. See Nontaxable Trades, later.                          ing the period you hold the property. Also, you may be al-
                                                                     lowed  to  add  to  the  donor's  adjusted  basis  all  or  part  of 
The basis of property you received in a nontaxable or 
                                                                     any gift tax paid, depending on the date of the gift.
partly nontaxable trade is generally the same as the adjus-
ted  basis  of  the  property  you  gave  up.  Increase  this        Gift received after 1976.  If you received property as 
amount by any cash you paid, additional costs you had,               a gift after 1976, your basis is the donor's adjusted basis 
and  any  gain  recognized.  Reduce  this  amount  by  any           increased by the part of the gift tax paid that was for the 
cash or unlike property you received, any loss recognized,           net  increase  in  value  of  the  gift.  You  figure  this  part  by 

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multiplying the gift tax paid on the gift by a fraction. The               use the final estate tax value of the property reported on 
numerator (top part) is the net increase in value of the gift              the Schedule A to determine your basis in the property.
and  the  denominator  (bottom  part)  is  the  amount  of  the            If  no  Form  706  was  filed,  or  the  executor  was  not  re-
gift.                                                                      quired  to  provide  you  Schedule  A  (Form  8971),  use  the 
The net increase in value of the gift is the fair market                   appraised value on the date of death for state inheritance 
value  of  the  gift  minus  the  donor's  adjusted  basis.  The           or  transmission  taxes.  For  stocks  and  bonds,  if  no  Form 
amount of the gift is its value for gift tax purposes after re-            706 was filed and there are no state inheritance or trans-
duction by any annual exclusion and marital or charitable                  mission taxes, see the Form 706 instructions for figuring 
deduction that applies to the gift.                                        the fair market value of the stocks and bonds on the date 
                                                                           of the decedent's death.
Example.          In 2023, you received a gift of property from 
your mother. At the time of the gift, the property had a fair              Appreciated  property  you  gave  the  decedent. Your 
market value of $101,000 and an adjusted basis to her of                   basis in certain appreciated property that you inherited is 
$40,000. The amount of the gift for gift tax purposes was                  the decedent's adjusted basis in the property immediately 
$84,000 ($101,000 minus the $17,000 annual exclusion),                     before death rather than its fair market value. This applies 
and your mother paid a gift tax of $19,320. You figure your                to appreciated property that you or your spouse gave the 
basis in the following way:                                                decedent as a gift during the 1-year period ending on the 
                                                                           date of death. Appreciated property is any property whose 
Fair market value   . . . . . . . . . . . . . . . . . . . . . . . $101,000 fair market value on the day you gave it to the decedent 
Minus: Adjusted basis . . . . . . . . . . . . . . . . . . . .      40,000  was more than its adjusted basis.
Net increase in value of gift . . . . . . . . . . . . . . . . .   $ 61,000 
                                                                           More  information.   See  Pub.  551  for  more  information 
Gift tax paid . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,320 on  the  basis  of  inherited  property,  including  community 
Multiplied by 0.726 ($61,000 ÷ $84,000)         . . . . . . . . . 0.726    property, property held by a surviving tenant in a joint ten-
Gift tax due to net increase in value . . . . . . . . . . . .     $ 14,026 ancy or tenancy by the entirety, a qualified joint interest, 
Plus: Adjusted basis of property to                                        and a farm or closely held business.
your mother   . . . . . . . . . . . . . . . . . . . . . . . . . . 40,000 
Your basis in the property                                        $ 54,026 Inherited  in  2010  and  executor  elected  to  file  Form 
                                                                           8939.  If you inherited property from a decedent who died 
Part sale, part gift.         If you get property in a transfer that       in  2010  and  the  executor  made  the  election  to  file  Form 
is partly a sale and partly a gift, your basis is the larger of            8939, see Revenue Procedure 2011-41 to figure your ba-
the amount you paid for the property or the transferor's ad-               sis.  Revenue  Procedure  2011-41  is  available  at 
justed basis in the property at the time of the transfer. Add              IRS.gov/rb/2011-35_IRB#RP-2011-41.
to that amount the amount of any gift tax paid on the gift,                For  additional  information  on  an  executor  making  the 
as  described  in  the  preceding  discussion.  For  figuring              election,  see  also  Notice  2011-66,  2011-35  I.R.B.  184, 
loss,  your  basis  is  limited  to  the  property's  fair  market         available at IRS.gov/irb/2011-35_IRB#NOT-2011-66.
value at the time of the transfer.
                                                                           Adjusted Basis
Gift  tax  information.             For  information  on  gift  tax,  see 
Pub. 559. For information on figuring the amount of gift tax               Before  you  can  figure  any  gain  or  loss  on  a  sale,  ex-
to add to your basis, see             Property Received as a Gift in       change, or other disposition of property or figure allowable 
Pub. 551.                                                                  depreciation, depletion, or amortization, you must usually 
                                                                           make  certain  adjustments  (increases  and  decreases)  to 
Property Received as Inheritance                                           the basis of the property. The result of these adjustments 
                                                                           to the basis is the adjusted basis.
Before  or  after  2010.            If  you  inherited  property  from  a 
decedent  who  died  before  or  after  2010,  or  who  died  in           Adjustments to the basis of stocks and bonds are ex-
2010  and  the  executor  of  the  decedent's  estate  elected             plained in the following discussion. For information about 
not to file Form 8939, Allocation of Increase in Basis for                 other adjustments to basis, see Pub. 551.
Property  Acquired  From  a  Decedent,  your  basis  in  that 
property  is  generally  its  fair  market  value  (its  appraised         Stocks and Bonds
value  on  Form  706,  United  States  Estate  (and  Genera-
tion-Skipping Transfer) Tax Return) on:                                    The basis of stocks or bonds you own is generally the pur-
                                                                           chase price plus the costs of purchase, such as commis-
 The date of the decedent's death; or                                    sions and recording or transfer fees. If you acquired stock 
 The later alternate valuation date if the estate qualifies              or bonds other than by purchase, your basis is usually de-
   for, and elects to use, alternate valuation.                            termined by fair market value or the previous owner's ad-
                                                                           justed basis as discussed earlier under Basis Other Than 
In certain circumstances, the executor of an estate (or 
                                                                           Cost.
other person) required to file Form 706 after July 15, 2015, 
will be required to provide a Schedule A (Form 8971) to                    The basis of stock must be adjusted for certain events 
you as a beneficiary who receives or is to receive property                that  occur  after  purchase.  For  example,  if  you  receive 
from  the  estate.  If  you  receive  Schedule  A  (Form  8971),           more  stock  from  nontaxable  stock  dividends  or  stock 

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splits,  you  must  reduce  the  basis  of  your  original  stock.    Example.           You  bought  100  shares  of  stock  of  XYZ 
You must also reduce your basis when you receive nondi-               Corporation in 2008 for $10 per share. In January 2009, 
vidend distributions (discussed in chapter 1). These distri-          you bought another 200 shares for $11 per share. In July 
butions, up to the amount of your basis, are a nontaxable             2009, you gave your son 50 shares. In December 2011, 
return of capital.                                                    you bought 100 shares for $9 per share. In April 2023, you 
                                                                      sold 130 shares. You cannot identify the shares you dis-
       The IRS partners with companies that offer Form 
                                                                      posed of, so you must use the stock you acquired first to 
TIP    8949 and Schedule D (Form 1040) software that 
                                                                      figure  the  basis.  The  shares  of  stock  you  gave  your  son 
       can import trades from many brokerage firms and 
                                                                      had a basis of $500 (50 × $10). You figure the basis of the 
accounting software to help you keep track of your adjus-
                                                                      130 shares of stock you sold in April 2023 as follows:
ted  basis  in  securities.  To  find  out  more,  go  to IRS.gov/
Filing.
                                                                      50 shares (50 × $10) balance of stock bought in 
                                                                      2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $  500 
Identifying stock or bonds sold. If you can adequately                80 shares (80 × $11) stock bought in January 2009 . .                880 
identify the shares of stock or the bonds you sold, their ba-         Total basis of stock sold in 2023                                    $1,380 
sis  is  the  cost  or  other  basis  of  the  particular  shares  of 
stock or bonds.
                                                                      Shares  in  a  mutual  fund  or  real  estate  investment 
Adequate identification.      You will make an adequate               trust  (REIT).     The  basis  of  shares  in  a  mutual  fund  (or 
identification  if  you  show  that  certificates  representing       other regulated investment company) or a REIT is gener-
shares  of  stock  from  a  lot  that  you  bought  on  a  certain    ally  figured  in  the  same  way  as  the  basis  of  other  stock 
date or for a certain price were delivered to your broker or          and  usually  includes  any  commissions  or  load  charges 
other agent.                                                          paid for the purchase.

Broker holds stock.       If you have left the stock certifi-         Example.           You bought 100 shares of Fund A for $10 
cates with your broker or other agent, you will make an ad-           per share. You paid a $50 commission to the broker for the 
equate identification if you:                                         purchase.  Your  cost  basis  for  each  share  is  $10.50 
Tell your broker or other agent the particular stock to             ($1,050 ÷ 100).
  be sold or transferred at the time of the sale or trans-            Commissions  and  load  charges.                               The  fees  and 
  fer, and                                                            charges you pay to acquire or redeem shares of a mutual 
Receive a written confirmation of this from your broker             fund  are  not  deductible.  You  can  usually  add  acquisition 
  or other agent within a reasonable time.                            fees and charges to your cost of the shares and thereby 
                                                                      increase  your  basis.  A  fee  paid  to  redeem  the  shares  is 
Stock  identified  this  way  is  the  stock  sold  or  transferred 
                                                                      usually a reduction in the redemption price (sales price).
even if stock certificates from a different lot are delivered 
                                                                      You  cannot  add  your  entire  acquisition  fee  or  load 
to the broker or other agent.
                                                                      charge to the cost of the mutual fund shares acquired if all 
Single stock certificate.     If you bought stock in differ-          of the following conditions apply. 
ent lots at different times and you hold a single stock cer-
                                                                      1. You get a reinvestment right because of the purchase 
tificate for this stock, you will make an adequate identifica-
                                                                      of the shares or the payment of the fee or charge.
tion if you:
Tell your broker or other agent the particular stock to             2. You dispose of the shares within 90 days of the pur-
  be sold or transferred when you deliver the certificate             chase date.
  to your broker or other agent, and                                  3. You acquire new shares in the same mutual fund or 
Receive a written confirmation of this from your broker             another mutual fund, for which the fee or charge is re-
  or other agent within a reasonable time.                            duced or waived because of the reinvestment right 
                                                                      you got when you acquired the original shares.
If you sell part of the stock represented by a single cer-
tificate  directly  to  the  buyer  instead  of  through  a  broker,  The amount of the original fee or charge in excess of 
you will make an adequate identification if you keep a writ-          the  reduction  in  (3)  is  added  to  the  cost  of  the  original 
ten record of the particular stock that you intend to sell.           shares. The rest of the original fee or charge is added to 
                                                                      the cost basis of the new shares (unless all three condi-
Bonds.      These methods of identification also apply to             tions above also apply to the purchase of the new shares).
bonds sold or transferred.
                                                                      Choosing  average  basis  for  mutual  fund  shares. 
Identification  not  possible.   If  you  buy  and  sell  se-         You can choose to use the average basis of mutual fund 
curities at various times in varying quantities and you can-          shares if you acquired the identical shares at various times 
not  adequately  identify  the  shares  you  sell,  the  basis  of    and prices, or you acquired the shares after 2011 in con-
the securities you sell is the basis of the securities you ac-        nection with a dividend reinvestment plan (DRP), and left 
quired  first.  Except  for  certain  mutual  fund  shares,  dis-     them  on  deposit  in  an  account  kept  by  a  custodian  or 
cussed later, you cannot use the average price per share              agent. The methods you can use to figure average basis 
to figure gain or loss on the sale of the shares.                     are explained later.

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Table 4-1. Mutual Fund Record

                                      Acquired 1                                                                    Sold or Redeemed
                                                                                                          Adjusted 
   Mutual Fund                        Number                Cost  Adjustment to Basis per Share           2 Basis         Number
                                 Date of                    per                                           per Share Date   of 
                                      Shares                Share                                                         Shares

1 Include share received from reinvestment of distributions.
2 Cost plus or minus adjustments.
 Undistributed capital gains.         If you had to include in                 Automatic  investment  service. If  you  participate  in  an 
your income any undistributed capital gains of the mutual                      automatic investment service, your basis for each share of 
fund or REIT, increase your basis in the stock by the differ-                  stock, including fractional shares, bought by the bank or 
ence between the amount you included and the amount of                         other agent is the purchase price plus a share of the brok-
tax  paid  for  you  by  the  fund  or  REIT.  See               Undistributed er's commission.
capital gains of mutual funds and REITs in chapter 1.
                                                                               DRPs. If you participate in a DRP and receive stock from 
 Reinvestment right.             This is the right to acquire mu-              the corporation at a discount, your basis is the full fair mar-
tual fund shares in the same or another mutual fund with-                      ket value of the stock on the dividend payment date. You 
out paying a fee or load charge, or by paying a reduced                        must include the amount of the discount in your income.
fee or load charge.
                                                                               Public utilities. If, before 1986, you excluded from in-
 The original cost basis of mutual fund shares you ac-                         come the value of stock you had received under a quali-
quire by reinvesting your distributions is the amount of the                   fied  public  utility  reinvestment  plan,  your  basis  in  that 
distributions used to purchase each full or fractional share.                  stock is zero.
This rule applies even if the distribution is an exempt-inter-
                                                                               Stock dividends. Stock dividends are distributions made 
est dividend that you do not report as income.
                                                                               by  a  corporation  of  its  own  stock.  Generally,  stock  divi-
        Table  4-1.  This  is  a  worksheet  you  can  use  to                 dends are not taxable to you. However, see Distributions 
        keep  track  of  the  adjusted  basis  of  your  mutual                of Stock and Stock Rights in chapter 1 for some excep-
RECORDS fund  shares.  Enter  the  cost  per  share  when  you                 tions. If the stock dividends are not taxable, you must di-
acquire  new  shares  and  any  adjustments  to  their  basis                  vide your basis for the old stock between the old and new 
when the adjustment occurs. This worksheet will help you                       stock.
figure the adjusted basis when you sell or redeem shares.

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New and old stock identical.      If the new stock you re-           Nontaxable  stock  rights.   If  you  receive  nontaxable 
ceived  as  a  nontaxable  dividend  is  identical  to  the  old     stock rights and allow them to expire, they have no basis.
stock on which the dividend was declared, divide the ad-             If you exercise or sell the nontaxable stock rights and if, 
justed basis of the old stock by the number of shares of             at the time of distribution, the stock rights had a fair market 
old and new stock. The result is your basis for each share           value of 15% or more of the fair market value of the old 
of stock.                                                            stock, you must divide the adjusted basis of the old stock 
                                                                     between the old stock and the stock rights. Use a ratio of 
Example  1.    You  owned  one  share  of  common  stock             the fair market value of each to the total fair market value 
that  you  bought  for  $45.  The  corporation  distributed  two     of both at the time of distribution.
new  shares  of  common  stock  for  each  share  held.  You         If the fair market value of the stock rights was less than 
then  had  three  shares  of  common  stock.  Your  basis  in        15%, their basis is zero. However, you can choose to di-
each share is $15 ($45 ÷ 3).                                         vide the basis of the old stock between the old stock and 
                                                                     the stock rights. To make the choice, attach a statement to 
Example 2.     You owned two shares of common stock. 
                                                                     your return for the year in which you received the rights, 
You bought one for $30 and the other for $45. The corpo-
                                                                     stating that you choose to divide the basis of the stock.
ration  distributed  two  new  shares  of  common  stock  for 
each  share  held.  You  had  six  shares  after  the  distribu-     Basis of new stock.    If you exercise the stock rights, 
tion—three with a basis of $10 each ($30 ÷ 3) and three              the basis of the new stock is its cost plus the basis of the 
with a basis of $15 each ($45 ÷ 3).                                  stock rights exercised.

New  and  old  stock  not  identical.   If  the  new  stock          Example.     You  own  100  shares  of  ABC  Company 
you received as a nontaxable dividend is not identical to            stock, which cost you $22 per share. The ABC Company 
the  old  stock  on  which  it  was  declared,  the  basis  of  the  gave you 10 nontaxable stock rights that would allow you 
new stock is figured differently. Divide the adjusted basis          to buy 10 more shares at $26 per share. At the time the 
of the old stock between the old and the new stock in the            stock rights were distributed, the stock had a market value 
ratio of the fair market value of each lot of stock to the total     of $30, not including the stock rights. Each stock right had 
fair market value of both lots on the date of distribution of        a market value of $3. The market value of the stock rights 
the new stock.                                                       was less than 15% of the market value of the stock, but 
                                                                     you chose to divide the basis of your stock between the 
Example.    You  bought  a  share  of  common  stock  for 
                                                                     stock and the rights. You figure the basis of the rights and 
$100. Later, the corporation distributed a share of prefer-
                                                                     the basis of the old stock as follows:
red  stock  for  each  share  of  common  stock  held.  At  the 
date of distribution, your common stock had a fair market 
                                                                     100 shares × $22 = $2,200, basis of old stock 
value  of  $150  and  the  preferred  stock  had  a  fair  market 
value of $50. You figure the basis of the old and new stock          100 shares × $30 = $3,000, market value of old stock 
by dividing your $100 basis between them. The basis of 
your common stock is $75 (($150 ÷ $200) × $100), and                 10 rights × $3 = $30, market value of rights 
the basis of the new preferred stock is $25 (($50 ÷ $200) × 
$100).                                                               ($3,000 ÷ $3,030) × $2,200 = $2,178.22, new basis of old stock 

Stock bought at various times.      Figure the basis of              ($30 ÷ $3,030) × $2,200 = $21.78, basis of rights 
stock dividends received on stock you bought at various 
times  and  at  different  prices  by  allocating  to  each  lot  of If you sell the rights, the basis for figuring gain or loss is 
stock the share of the stock dividends due to it.                    $2.18 ($21.78 ÷ 10) per right. If you exercise the rights, the 
                                                                     basis of the stock you acquire is the price you pay ($26) 
Taxable  stock  dividends.     If  your  stock  dividend  is 
                                                                     plus the basis of the right exercised ($2.18), or $28.18 per 
taxable when you receive it, the basis of your new stock is 
                                                                     share. The remaining basis of the old stock is $21.78 per 
its fair market value on the date of distribution. The basis 
                                                                     share.
of your old stock does not change.
                                                                     Investment  property  received  in  liquidation.     In  gen-
Stock splits.  Figure the basis of stock splits in the same 
                                                                     eral, if you receive investment property as a distribution in 
way as stock dividends if identical stock is distributed on 
                                                                     partial or complete liquidation of a corporation and if you 
the stock held.
                                                                     recognize gain or loss when you acquire the property, your 
Stock rights.  A stock right is a right to acquire a corpora-        basis in the property is its fair market value at the time of 
tion's stock. It may be exercised, it may be sold if it has a        the distribution.
market value, or it may expire. Stock rights are rarely taxa-
                                                                     S  corporation  stock. You  must  increase  your  basis  in 
ble when you receive them. See Distributions of Stock and 
                                                                     stock of an S corporation by your pro rata share of the fol-
Stock Rights in chapter 1.
                                                                     lowing items.
Taxable stock rights.     If you receive stock rights that 
                                                                     All income items of the S corporation, including tax-ex-
are taxable, the basis of the rights is their fair market value 
                                                                       empt income, that are separately stated and passed 
at the time of distribution. The basis of the old stock does 
                                                                       through to you as a shareholder.
not change.

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 The nonseparately stated income of the S corporation.            year. If a net amount of interest appears in box 8 or 9 of 
 The amount of the deduction for depletion (other than            Form 1099-INT, whichever is applicable, box 13 of Form 
   oil and gas depletion) that is more than the basis of            1099-INT should be blank. If a net amount of interest ap-
   the property being depleted.                                     pears  in  box  2  of  Form  1099-OID,  box  10  of  Form 
                                                                    1099-OID should be blank.
You must decrease your basis in stock of an S corpora-              See Bond Premium Amortization in chapter 3 for more 
tion by your pro rata share of the following items.                 information.
 Distributions by the S corporation that were not inclu-
   ded in your income.                                              Market  discount  on  bonds.   If  you  include  market  dis-
                                                                    count on a bond in income currently, increase the basis of 
 All loss and deduction items of the S corporation that           your bond by the amount of market discount you include in 
   are separately stated and passed through to you.                 your income. See Market Discount Bonds in chapter 1 for 
 Any nonseparately stated loss of the S corporation.              more information.

 Any expense of the S corporation that is not deducti-            Bonds  purchased  at  par  value. A  bond  purchased  at 
   ble in figuring its taxable income and not properly              par  value  (face  amount)  has  no  premium  or  discount. 
   chargeable to a capital account.                                 When you sell or otherwise dispose of the bond, you fig-
 The amount of your deduction for depletion of oil and            ure the gain or loss by comparing the bond proceeds to 
   gas wells to the extent the deduction is not more than           the purchase price of the bond.
   your share of the adjusted basis of the wells.
                                                                    Example.     You purchased a bond several years ago for 
However, your basis in the stock cannot be reduced below            its par value of $10,000. You sold the bond this year for 
zero.                                                               $10,100.  You  have  a  gain  of  $100.  However,  if  you  had 
                                                                    sold the bond for $9,900, you would have a loss of $100.
Qualified  small  business  stock.        If  you  bought  this 
stock  as  replacement  property  for  other  qualified  small      Acquisition discount on short-term obligations.      If you 
business  stock  you  sold  at  a  gain,  you  must  reduce  the    include acquisition discount on a short-term obligation in 
basis of this replacement stock by the amount of any post-          your income currently, increase the basis of the obligation 
poned  gain  on  the  earlier  sale.  See Gains  on  Qualified      by the amount of acquisition discount you include in your 
Small Business Stock, later.                                        income. See  Discount on Short-Term Obligations in chap-
                                                                    ter 1 for more information.
Short sales. If you cannot deduct payments you make to 
a lender in lieu of dividends on stock used in a short sale,        Original  issue  discount  (OID)  on  debt  instruments. 
the amount you pay to the lender is a capital expense, and          Increase the basis of a debt instrument by the OID you in-
you must add it to the basis of the stock used to close the         clude in your income. See Original Issue Discount (OID) in 
short sale.                                                         chapter 1.
See Payments in lieu of dividends, later, for information           If  your  debt  instrument  is  a  covered  security,  your 
about deducting payments in lieu of dividends.                      broker will report a basis amount that is adjusted for OID 
                                                                    included in income.
Premiums  on  bonds.   If  you  buy  a  bond  at  a  premium, 
the premium is treated as part of your basis in the bond. If        Discounted tax-exempt obligations.         OID on tax-ex-
you  choose  to  amortize  the  premium  paid  on  a  taxable       empt obligations is generally not taxable. However, when 
bond, you must reduce the basis of the bond by the amor-            you dispose of a tax-exempt obligation issued after Sep-
tized  part  of  the  premium  each  year  over  the  life  of  the tember  3,  1982,  that  you  acquired  after  March  1,  1984, 
bond.                                                               you must accrue OID on the obligation to determine its ad-
For a taxable bond acquired at a premium that is a cov-             justed basis. The accrued OID is added to the basis of the 
ered security, unless you instruct your broker that you do          obligation  to  determine  your  gain  or  loss.  If  your  tax-ex-
not want to amortize premium, your broker will report in-           empt obligation is a covered security, your broker will re-
come on the bond and your basis in the bond by amortiz-             port a basis amount that is adjusted for tax-exempt OID.
ing premium. Your broker may report the amount of pre-              For information on determining OID on a long-term obli-
mium  amortization  for  a  tax  year  separately  from  the        gation,  see Debt  Instruments  Issued  After  July  1,  1982, 
amount  of  gross  interest  income  in  boxes  11  and  12  of     and Before 1985 or Debt Instruments Issued After 1984, 
Form 1099-INT or box 10 of Form 1099-OID, or may report             whichever  applies,  in  Pub.  1212  under Figuring  OID  on 
net interest in boxes 1 and 3 of Form 1099-INT or box 2 of          Long-Term Debt Instruments.
Form 1099-OID.                                                      If the tax-exempt obligation has a maturity of 1 year or 
Although you cannot deduct the premium on a tax-ex-                 less, accrue OID under the rules for acquisition discount 
empt bond, you must amortize it to determine your adjus-            on  short-term  obligations.  See Discount  on  Short-Term 
ted basis in the bond. You must reduce the basis of the             Obligations in chapter 1.
bond  by  the  premium  you  amortized  for  the  period  you       Stripped  tax-exempt  obligation. If  you  acquired  a 
held the bond. For a tax-exempt covered security acquired           stripped  tax-exempt  bond  or  coupon  after  October  22, 
at a premium, box 13 of Form 1099-INT or box 10 of Form             1986, you must accrue OID on it to determine its adjusted 
1099-OID  shows  the  amount  of  bond  premium                     basis  when  you  dispose  of  it.  For  stripped  tax-exempt 
amortization  allocable  to  the  interest  paid  during  the  tax 

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bonds  or  coupons  acquired  after  June  10,  1987,  part  of        Debt paid off.    A debt against the property, or against 
this OID may be taxable. You accrue the OID on these ob-               you, that is paid off as a part of the transaction or that is 
ligations in the manner described in chapter 1 under Strip-            assumed by the buyer must be included in the amount re-
ped Bonds and Coupons.                                                 alized. This is true even if neither you nor the buyer is per-
Increase your basis in the stripped tax-exempt bond or                 sonally liable for the debt. For example, if you sell or trade 
coupon by the taxable and nontaxable accrued OID. Also                 property that is subject to a nonrecourse loan, the amount 
increase your basis by the interest that accrued (but was              you realize generally includes the full amount of the note 
not  paid  and  was  not  previously  reflected  in  your  basis)      assumed  by  the  buyer  even  if  the  amount  of  the  note  is 
before the date you sold the bond or coupon. In addition,              more than the fair market value of the property.
for bonds acquired after June 10, 1987, add to your basis 
any  accrued  market  discount  not  previously  reflected  in         Example.    You sell stock that you had pledged as se-
basis.                                                                 curity for a bank loan of $8,000. Your basis in the stock is 
                                                                       $6,000. The buyer pays off your bank loan and pays you 
                                                                       $20,000  in  cash.  The  amount  realized  is  $28,000 
                                                                       ($20,000  +  $8,000).  Your  gain  is  $22,000  ($28,000  – 
How To Figure                                                          $6,000).
Gain or Loss                                                           Payment of cash.         If you trade property and cash for 
                                                                       other  property,  the  amount  you  realize  is  the  fair  market 
You figure gain or loss on a sale or trade of property by              value of the property you receive. Determine your gain or 
subtracting  the  adjusted  basis  of  the  property  from  the        loss by subtracting the cash you pay and the adjusted ba-
amount you realize on the sale or trade.                               sis of the property you trade in from the amount you real-
                                                                       ize. If the result is a positive number, it is a gain. If the re-
Gain.   If  the  amount  you  realize  from  a  sale  or  trade  is    sult is a negative number, it is a loss.
more than the adjusted basis of the property you transfer, 
the difference is a gain.                                              No gain or loss.   You may have to use a basis for figur-
                                                                       ing  gain  that  is  different  from  the  basis  used  for  figuring 
Loss.   If the adjusted basis of the property you transfer is          loss. In this case, you may have neither a gain nor a loss. 
more than the amount you realize, the difference is a loss.            See No gain or loss in the discussion on the basis of prop-
                                                                       erty you received as a gift under Basis Other Than Cost, 
Amount realized.  The amount you realize from a sale or 
                                                                       earlier.
trade of property is everything you receive for the property 
minus your expenses related to the sale (such as redemp-
tion fees, sales commissions, sales charges, or exit fees).            Special Rules for Mutual Funds
Amount realized includes the money you receive plus the 
fair market value of any property or services you receive.             To  figure  your  gain  or  loss  when  you  dispose  of  mutual 
If you finance the buyer's purchase of your property and               fund  shares,  you  need  to  determine  which  shares  were 
the debt instrument does not provide for adequate stated               sold and the basis of those shares. If your shares in a mu-
interest, the unstated interest that you must report as ordi-          tual fund were acquired all on the same day and for the 
nary income will reduce the amount realized from the sale.             same  price,  figuring  their  basis  is  not  difficult.  However, 
For more information, see Pub. 537.                                    shares are generally acquired at various times, in various 
If  a  buyer  of  property  issues  a  debt  instrument  to  the       quantities, and at various prices. Therefore, figuring your 
seller  of  the  property,  the  amount  realized  is  determined      basis can be more difficult. You can choose to use either a 
by  reference  to  the  issue  price  of  the  debt  instrument,       cost basis or an average basis to figure your gain or loss.
which may or may not be the fair market value of the debt 
instrument.  See  Regulations  section  1.1001-1(g).  How-             Cost Basis
ever,  if  the  debt  instrument  was  previously  issued  by  a 
third  party  (one  not  part  of  the  sale  transaction),  the  fair You can figure your gain or loss using a cost basis only if 
market value of the debt instrument is used to determine               you did not previously use an average basis for a sale, ex-
the amount realized.                                                   change, or redemption of other shares in the same mutual 
                                                                       fund.
Fair  market  value.      Fair  market  value  is  the  price  at 
which property would change hands between a buyer and                  To figure cost basis, you can choose one of the follow-
a seller, neither being forced to buy or sell and both having          ing methods.
reasonable knowledge of all the relevant facts.                        Specific share identification.
Example.  You trade A Company stock with an adjus-                     First-in first-out (FIFO).
ted basis of $7,000 for B Company stock with a fair market 
value of $10,000, which is your amount realized. Your gain             Specific share identification.  If you adequately identify 
is $3,000 ($10,000 – $7,000). If you also receive a note for           the  shares  you  sold,  you  can  use  the  adjusted  basis  of 
$6,000  that  has  an  issue  price  of  $6,000,  your  gain  is       those particular shares to figure your gain or loss.
$9,000 ($10,000 + $6,000 – $7,000).                                    You  will  adequately  identify  your  mutual  fund  shares, 
                                                                       even  if  you  bought  the  shares  in  different  lots  at  various 
                                                                       prices and times, if you:

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1. Specify to your broker or other agent the particular            also  notify  your  broker  that  you  have  made  the  election. 
   shares to be sold or transferred at the time of the sale        Generally, a covered security is a security you acquired af-
   or transfer, and                                                ter 2010, with certain exceptions explained in the Instruc-
                                                                   tions for Form 8949.
2. Receive confirmation in writing from your broker or 
                                                                   You  can  make  the  election  to  use  the  average  basis 
   other agent within a reasonable time of your specifica-
                                                                   method at any time. The election will be effective for sales 
   tion of the particular shares sold or transferred.
                                                                   or other dispositions of stocks that occur after you notify 
You continue to have the burden of proving your basis              the custodian or agent of your election. Your election must 
in the specified shares at the time of sale or transfer.           identify  each  account  with  that  custodian  or  agent  and 
                                                                   each stock in that account to which the election applies. 
FIFO.   If your shares were acquired at different times or at      The  election  can  also  indicate  that  it  applies  to  all  ac-
different prices and you cannot identify which shares you          counts with a custodian or agent, including accounts you 
sold, use the basis of the shares you acquired first as the        later establish with the custodian or agent.
basis of the shares sold. In other words, the oldest shares 
you own are considered sold first. You should keep a sep-          Election of average basis method for noncovered se-
arate record of each purchase and any dispositions of the          curities.  For noncovered securities, you elect to use the 
shares until all shares purchased at the same time have            average  basis  method  on  your  income  tax  return  for  the 
been disposed of completely.                                       first tax year that the election applies. You make the elec-
Table 4-2 illustrates the use of the FIFO method to fig-           tion by showing on your return that you used the average 
ure the cost basis of shares sold, compared with the use           basis method in reporting gain or loss on the sale or other 
of the average basis method (discussed next).                      disposition.

                                                                   Revoking  the  average  basis  method  election.      You 
Average Basis
                                                                   can revoke an election to use the average basis method 
You can use the average basis method to determine the              for your covered securities by sending written notice to the 
basis of shares of stock if the shares are identical to each       custodian or agent holding the stock for which you want to 
other,  you  acquired  them  at  different  times  and  different  revoke  the  election.  The  election  must  generally  be  re-
prices  and  left  them  in  an  account  with  a  custodian  or   voked by the earlier of 1 year after you make the election 
agent, and either:                                                 or the date of the first sale, transfer, or disposition of the 
                                                                   stock following the election. The revocation applies to all 
 They are shares in a mutual fund (or other regulated            the  stock  you  hold  in  an  account  that  is  identical  to  the 
   investment company);                                            shares of stock for which you are revoking the election. Af-
 They are shares you hold in connection with a DRP,              ter revoking your election, your basis in the shares of stock 
   and all the shares you hold in connection with the DRP          to which the revocation applies is the basis before averag-
   are treated as covered securities (defined later); or           ing.
 You acquired them after 2011 in connection with a                     You may be able to find the average basis of your 
   DRP.                                                            TIP   shares from information provided by the fund.

Average basis is determined by averaging the basis of 
all  shares  of  identical  stock  in  an  account  regardless  of Average basis method illustrated. Table 4-2 illustrates 
how  long  you  have  held  the  stock.  However,  shares  of      the average basis method of shares sold, compared with 
stock in a DRP are not identical to shares of stock with the       the  use  of  the  FIFO  method  to  figure  cost  basis  (dis-
same CUSIP number that are not in a DRP. The basis of              cussed earlier).
each share of identical stock in the account is the aggre-         Even though you include all unsold shares of identical 
gate basis of all shares of that stock in the account divided      stock in an account to figure average basis, you may have 
by the aggregate number of shares.                                 both short-term and long-term gains or losses when you 
                                                                   sell  these  shares.  To  determine  your  holding  period,  the 
Transition  rule  from  double-category  method.         You       shares disposed of are considered to be those acquired 
may no longer use the double-category method for figur-            first.
ing your average basis. If you were using the double-cate-
gory method for stock you acquired before April 1, 2011,           Example.    You bought 400 identical shares in the LJO 
and you sell, exchange, or otherwise dispose of that stock         Mutual  Fund:  200  shares  on  May  11,  2022,  and  200 
on or after April 1, 2011, you must figure the average basis       shares  on  May  16,  2023.  On  November  16,  2023,  you 
of this stock by averaging together all identical shares of        sold 300 shares. The basis of all 300 shares sold is the 
stock  in  the  account  on  April  1,  2011,  regardless  of  the same, but you held 200 shares for more than 1 year, so 
holding period.                                                    your gain or loss on those shares is long term. You held 
                                                                   100 shares for 1 year or less, so your gain or loss on those 
Election of average basis method for covered securi-               shares is short term.
ties.   To  make  the  election  to  use  the  average  basis      How to figure the basis of shares sold. To figure the 
method for your covered securities, you must send written          basis  of  shares  you  sell,  use  the  steps  in  the  following 
notice to the custodian or agent who keeps the account.            worksheet.
The  written  notice  can  be  made  electronically.  You  must 

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1. Enter the total adjusted basis of all the shares you                    1. Basis of remaining shares ($16 x 150) . . . . . . . .           $2,400 
   owned in the fund just before the sale. (If you made                    2. Cost of shares acquired on 9/8/2023 ($14 x 
   an earlier sale of shares in this fund, add the                            150). . . . . . . . . . . . . . . . . . . . . . . . . . . . .   $2,100 
   adjusted basis of any shares you still owned after                      3. Total adjusted basis of all shares owned ($2,400 + 
   the last sale and the adjusted basis of any shares                         $2,100)   . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,500 
   you acquired after that sale.) . . . . . . . . . . . . . . .   $ 

2. Enter the total number of shares you owned in the                       The basis of the shares sold is $750 ($15 per share), fig-
   fund just before the sale . . . . . . . . . . . . . . . . . .  
                                                                           ured as follows.
3. Divide the amount on line 1 by the amount on line 2. 
   This is your average basis per share. . . . . . . . . $
                                                                           1. Enter the total adjusted basis of all the shares you 
4. Enter the number of shares you sold . . . . . . . . . .                    owned in the fund just before the sale. (If you made 
                                                                              an earlier sale of shares in this fund, add the 
5. Multiply the amount on line 3 by the amount on                             adjusted basis of any shares you still owned after 
   line 4. This is the basis of the shares you sold. .            $           the last sale and the adjusted basis of any shares 
                                                                              you acquired after that sale.) . . . . . . . . . . . . . .      $4,500 
Example  1.      You  bought  300  identical  shares  in  the              2. Enter the total number of shares you owned in the 
LJP Mutual Fund: 100 shares in 2019 for $1,000 ($10 per                       fund just before the sale . . . . . . . . . . . . . . . . .     300 
share);  100  shares  in  2020  for  $1,200  ($12  per  share);            3. Divide the amount on line 1 by the amount on line 2. 
and 100 shares in 2021 for $2,600 ($26 per share). Thus,                      This is your average basis per share. . . . . . . .             $  15 
the total cost of your shares was $4,800 ($1,000 + $1,200 
+ $2,600). On May 6, 2023, you sold 150 shares. The ba-                    4. Enter the number of shares you sold . . . . . . . . .           50 
sis of the shares you sold is $2,400 ($16 per share), fig-                 5. Multiply the amount on line 3 by the amount on 
ured as follows.                                                              line 4. This is the basis of the shares you sold. .             $ 750 

1. Enter the total adjusted basis of all the shares you                    Shares  received  as  gift.                If  your  account  includes 
   owned in the fund just before the sale. (If you made                    shares that you received by gift, and the fair market value 
   an earlier sale of shares in this fund, add the                         of the shares at the time of the gift was not more than the 
   adjusted basis of any shares you still owned after                      donor's basis, special rules apply. You cannot choose to 
   the last sale and the adjusted basis of any shares                      use the average basis for the account unless you state in 
   you acquired after that sale.) . . . . . . . . . . . . . .       $4,800 
                                                                           writing that you will treat the basis of the gift shares as the 
2. Enter the total number of shares you owned in the                       fair market value at the time you acquire the shares. You 
   fund just before the sale . . . . . . . . . . . . . . . . .      300 
                                                                           must  provide  this  written  statement  when  you  make  the 
3. Divide the amount on line 1 by the amount on line 2.                    election  to  use  the  average  basis  method,  as  described 
   This is your average basis per share. . . . . . . .              $  16  under Election  of  average  basis  method  for  covered  se-
4. Enter the number of shares you sold . . . . . . . . .            150    curities and Election for average basis method for noncov-
                                                                           ered  securities,  earlier,  or  when  you  transfer  the  gift 
5. Multiply the amount on line 3 by the amount on                          shares to an account for which you have made the aver-
   line 4. This is the basis of the shares you sold. .              $2,400 
                                                                           age basis method election, whichever is later. The state-
                                                                           ment must be effective for any gift shares identical to the 
Remaining shares.      The average basis of the shares                     gift shares to which the average basis method election ap-
you  still  hold  after  a  sale  of  some  of  your  shares  is  the      plies that you acquire at any time and must remain in ef-
same as the average basis of the shares sold. The next                     fect as long as the election remains in effect.
time you make a sale, your average basis will still be the 
same,  unless  you  have  acquired  additional  shares  (or                        When there is a sale, exchange, or redemption of 
have made a subsequent adjustment to basis).                                       your shares in a fund, keep the confirmation state-
                                                                           RECORDS ment you receive. The statement shows the price 
Example 2.       The facts are the same as in Example 1,                   you  received  for  the  shares  and  other  information  you 
except that you sold an additional 50 shares on December                   need to report gain or loss on your return.
8, 2023. You do not need to refigure the average basis of 
the 150 shares you owned at that time because you ac-
quired or sold no shares, and had no other adjustments to 
basis, since the last sale. Your basis is the $16 per share                Nontaxable Trades
figured earlier.
                                                                           This section discusses trades that generally do not result 
Example 3.       The facts are the same as in Example 1,                   in a taxable gain or a deductible loss. For more informa-
except that you bought an additional 150 identical shares                  tion on nontaxable trades, see chapter 1 of Pub. 544.
at $14 per share on September 8, 2023, and then sold 50 
shares on December 8, 2023. The total adjusted basis of 
                                                                           Like-Kind Exchanges
all  the  shares  you  owned  just  before  the  sale  is  $4,500, 
figured as follows.
                                                                           If you trade business or investment real property solely for 
                                                                           other business or investment real property of a like kind, 
                                                                           you do not pay tax on any gain or deduct any loss from the 

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Table 4-2. Example of How To Figure Basis of Shares Sold

This is an example showing two different ways to figure basis. It compares the cost basis using the FIFO method with the average basis method.
Date                                 Action                    Share Price           No. of Shares Total Shares Owned
2/10/2021                  Invest $4,000                        $25                       160                 160
8/11/2021                  Invest $4,800                        $20                       240                 400
12/15/2021                 Reinvest $300 dividend               $30                       10                  410
10/2/2023                  Sell 210 shares for                  $32                       210                 200
                           $6,720

COST BASIS                 To figure the basis of the 210 shares sold on 10/2/2023, use the share price of the first 210 shares you 
(FIFO)                     bought, namely the 160 shares you purchased on 2/10/2021 and 50 of those purchased on 8/11/2021.

                                                          $4,000 (cost of 160 shares on 2/10/2021)
                                                          + $1,000 (cost of 50 shares on 8/11/2021)
                                            Basis = $5,000

AVERAGE BASIS              To figure the basis of the 210 shares sold on 10/2/2023, use the average basis of all 410 shares owned on 
                           10/2/2023.
                                                          $9,100 (cost of 410 shares)
                                                          ÷ 410 (number of shares)
                                                          $22.20 (average basis per share)

                                                          $22.20
                                                          × 210
                                            Basis = $4,662

trade. To be nontaxable, a trade must meet all six of the       6. The property to be received must be received by the 
following conditions.                                           earlier of:
1. The property must be business or investment prop-            a. The 180th day after the date on which you transfer 
   erty. You must hold both the property you trade and              the property given up in the trade; or
   the property you receive for productive use in your 
                                                                b. The due date, including extensions, for your tax re-
   trade or business or for investment. Neither property 
                                                                    turn for the year in which the transfer of the prop-
   may be property used for personal purposes, such as 
                                                                    erty given up occurs.
   your home or family car.
                                                                If you trade property with a related party in a like-kind 
2. The property you trade and the property you receive 
                                                                exchange,  a  special  rule  may  apply.  See Related  Party 
   must be real property.
                                                                Transactions, later in this chapter. Also, see chapter 1 of 
3. There must be a trade of like-kind property. The trade       Pub. 544 for more information on exchanges of business 
   of real estate for real estate is a trade of like-kind       property  and  special  rules  for  exchanges  using  qualified 
   property. The trade of an apartment house for a store        intermediaries or involving multiple properties.
   building is a trade of like-kind property. Real property 
   located in the United States and real property located       Transition rule for exchanges of personal or intangi-
   outside the United States are not like-kind property.        ble property.        Under the Tax Cuts and Jobs Act, section 
                                                                1031  only  applies  to  exchanges  of  real  property,  other 
4. The property must not be held primarily for sale. The        than  real  property  held  primarily  for  sale.  Before  enact-
   property you trade and the property you receive must         ment of the new tax law, section 1031 also applied to cer-
   not be property you sell to customers, such as mer-          tain exchanges of personal or intangible property. A transi-
   chandise.                                                    tion rule in the new law provides that section 1031 will still 
5. The property to be received must be identified in writ-      apply  to  a  qualifying  exchange  of  personal  or  intangible 
   ing within 45 days after the date you transfer the prop-     property if the taxpayer disposed of the exchanged prop-
   erty given up in the trade. If you received the replace-     erty on or before December 31, 2017, or received replace-
   ment property before the end of the 45-day period,           ment property on or before December 31, 2017.
   you are automatically treated as having met the 
                                                                Partly  nontaxable  exchange.      If  you  receive  money  or 
   45-day written notice requirement.
                                                                property  that  is  not  like-kind  property  in  addition  to  the 

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like-kind  property,  and  the  preceding  six  conditions  are       how  to  allocate  basis  between  the  old  and  new  stock. 
met, you have a partly nontaxable trade. You are taxed on             Keep this information until the period of limitations expires 
any  gain  you  realize,  but  only  up  to  the  amount  of  the     for the year in which you dispose of the stock in a taxable 
money and the fair market value of the property that is not           disposition. Usually, this is 3 years from the date the return 
like-kind you receive. You cannot deduct a loss.                      was due or filed, or 2 years from the date the tax was paid, 
                                                                      whichever is later.
Like-kind property and unlike property transferred. 
If  you  give  up  unlike  property  in  addition  to  the  like-kind Stock for stock of the same corporation. You can ex-
property,  you  must  recognize  gain  or  loss  on  the  unlike      change  common  stock  for  common  stock  or  preferred 
property you give up. The gain or loss is the difference be-          stock for preferred stock in the same corporation without 
tween the adjusted basis of the unlike property and its fair          having a recognized gain or loss. This is true for a trade 
market value.                                                         between  two  stockholders  as  well  as  a  trade  between  a 
                                                                      stockholder and the corporation.
Like-kind  property  and  money  transferred.    If  condi-
tions (1)–(6) above are met, you have a nontaxable trade               Money  or  other  property  received.   If  in  an  other-
even if you pay money in addition to the like-kind property.          wise nontaxable trade you receive money or other prop-
                                                                      erty in addition to stock, then your gain on the trade, if any, 
Basis  of  property  received. You  figure  your  basis  in           is taxed, but only up to the amount of the money or other 
property  received  in  a  nontaxable  or  partly  nontaxable         property. Any loss is not recognized.
trade as explained under Basis Other Than Cost, earlier.               If you received cash for fractional shares, see Fractional 
                                                                      shares in chapter 1.
How  to  report. You  must  report  the  trade  of  like-kind 
property on Form 8824. If you figure a recognized gain or              Nonqualified preferred stock.   Nonqualified preferred 
loss on Form 8824, report it on Schedule D (Form 1040)                stock  is  generally  treated  as  property  other  than  stock. 
or on Form 4797, whichever applies.                                   Generally, this applies to preferred stock with one or more 
For information on using Form 4797, see chapter 4 of                  of the following features.
Pub. 544.                                                               The holder has the right to require the issuer or a rela-
                                                                      
                                                                        ted person to redeem or purchase the stock.
Corporate Stocks
                                                                      The issuer or a related person is required to redeem or 
                                                                        purchase the stock.
The following trades of corporate stocks generally do not 
result in a taxable gain or a deductible loss.                        The issuer or a related person has the right to redeem 
                                                                        the stock, and on the issue date, it is more likely than 
Corporate reorganizations. In some instances, a com-                    not that the right will be exercised.
pany will give you common stock for preferred stock, pre-
ferred stock for common stock, or stock in one corporation            The dividend rate on the stock varies with reference to 
                                                                        interest rates, commodity prices, or similar indices.
for  stock  in  another  corporation.  If  this  is  a  result  of  a 
merger,  recapitalization,  transfer  to  a  controlled  corpora-     For  a  detailed  definition  of  nonqualified  preferred  stock, 
tion, bankruptcy, corporate division, corporate acquisition,          see section 351(g)(2) of the Internal Revenue Code.
or  other  corporate  reorganization,  you  do  not  recognize 
gain or loss.                                                         Convertible  stocks  and  bonds. You  will  generally  not 
                                                                      have a recognized gain or loss if you convert bonds into 
Example 1.    On April 11, 2023, KP1 Corporation was                  stock or preferred stock into common stock of the same 
acquired by KP2 Corporation. You held 100 shares of KP1               corporation  according  to  a  conversion  privilege  in  the 
stock with a basis of $3,500. As a result of the acquisition,         terms of the bond or the preferred stock certificate.
you received 70 shares of KP2 stock in exchange for your 
KP1 stock. You do not recognize gain or loss on the trans-             Example.  In November, you bought for $1 a right is-
action. Your basis in the 70 shares of the new stock is still         sued  by  XYZ  Corporation  entitling  you,  on  payment  of 
$3,500.                                                               $99, to subscribe to a bond issued by that corporation.
                                                                       On  December  5,  you  subscribed  to  the  bond,  which 
Example  2.   On  July  18,  2023,  RGB  Corporation  di-             was  issued  on  December  12.  The  bond  contained  a 
vests  itself  of  SFH  Corporation.  You  hold  75  shares  of       clause  stating  that  you  would  receive  one  share  of  XYZ 
RGB stock with a basis of $5,400. You receive 25 shares               Corporation common stock on surrender of one bond and 
of SFH stock as a result of the spin-off. You do not recog-           the payment of $50.
nize any gain or loss on the transaction. You receive infor-           Later,  you  presented  the  bond  and  $50  and  received 
mation  from  RGB  Corporation  that  your  basis  in  SFH            one share of XYZ Corporation common stock. You did not 
stock  is  equal  to  10.9624%  of  your  basis  in  RGB  stock       have  a  recognized  gain  or  loss.  This  is  true  whether  the 
($5,400). Thus, your basis in SFH stock is $592. Your ba-             fair market value of the stock was more or less than $150 
sis  in  RGB  stock  (after  the  spin-off)  is  $4,808  ($5,400  –   on the date of the conversion.
$592).                                                                 The basis of your share of stock is $150 ($1 + $99 + 
                                                                      $50). Your holding period is split. Your holding period for 
Note.     In the case of a distribution, the divesting corpo-         the part based on your ownership of the bond ($100 ba-
ration should send you information that includes details on           sis)  begins  on  December  5.  Your  holding  period  for  the 

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part based on your cash investment ($50 basis) begins on          amount that was treated as a dividend, plus any gain rec-
the day after you acquired the share of stock.                    ognized on the trade. Decrease this amount by any cash 
                                                                  you received and the fair market value of any other prop-
Bonds for stock of another corporation.        Generally, if      erty you received.
you  convert  the  bonds  of  one  corporation  into  common      The  basis  of  any  other  property  you  receive  is  its  fair 
stock of another corporation, according to the terms of the       market value on the date of the trade.
bond issue, you must recognize gain or loss up to the dif-
ference  between  the  fair  market  value  of  the  stock  re-
ceived and the adjusted basis of the bonds exchanged. In          Exchange of Shares in One Mutual 
some instances, however, such as trades that are part of          Fund For Shares in Another Mutual 
mergers or other corporate reorganizations, you will have         Fund
no recognized gain or loss if certain requirements are met. 
For more information about the tax consequences of con-           Any exchange of shares in one fund for shares in another 
verting securities of one corporation into common stock of        fund  is  a  taxable  exchange.  This  is  true  even  if  you  ex-
another corporation, under circumstances such as those            change  shares  in  one  fund  for  shares  in  another  fund 
just  described,  consult  the  respective  corporations  and     within the same family of funds. Report any gain or loss on 
the terms of the bond issue. This information is also avail-      the shares you gave up as a capital gain or loss in the year 
able on the prospectus of the bond issue.                         in which the exchange occurs. Usually, you can add any 
                                                                  service charge or fee paid in connection with an exchange 
Property for stock of a controlled corporation.  If you           to the cost of the shares acquired. For an exception, see 
transfer  property  to  a  corporation  solely  in  exchange  for Commissions and load charges, earlier.
stock in that corporation, and immediately after the trade 
you are in control of the corporation, you will ordinarily not 
recognize a gain or loss. This rule applies both to individu-     Insurance Policies
als and to groups who transfer property to a corporation. It      and Annuities
does  not  apply  if  the  corporation  is  an  investment  com-
pany.                                                             You will not have a recognized gain or loss if the insured or 
If you are in a bankruptcy or a similar proceeding and            annuitant is the same under both contracts and you trade:
you transfer property to a controlled corporation under a         A life insurance contract for another life insurance con-
plan, other than a reorganization, you must recognize gain          tract or for an endowment or an annuity contract or for 
to the extent the stock you receive in the exchange is used         a qualified long-term care insurance contract,
to pay off your debts.
For this purpose, to be in control of a corporation, you          An endowment contract for another endowment con-
or your group of transferors must own, immediately after            tract that provides for regular payments beginning at a 
the exchange, at least 80% of the total combined voting             date no later than the beginning date under the old 
power of all classes of stock entitled to vote and at least         contract or for an annuity contract or for a qualified 
80% of the outstanding shares of each class of nonvoting            long-term insurance contract,
stock of the corporation.                                         An annuity contract for an annuity contract or for a 
If this provision applies to you, you may have to attach            qualified long-term care insurance contract, or
to your return a complete statement of all facts pertinent to 
the  exchange.  For  details,  see  Regulations  section          A qualified long-term care insurance contract for a 
1.351-3.                                                            qualified long-term care insurance contract.
                                                                  You may also not have to recognize gain or loss from an 
Money  or  other  property  received.       If,  in  an  other-
                                                                  exchange  of  a  portion  of  an  annuity  contract  for  another 
wise nontaxable trade of property for corporate stock, you 
                                                                  annuity contract. For transfers completed before October 
also receive money or property other than stock, you may 
                                                                  24, 2011, see Revenue Ruling 2003-76 and Revenue Pro-
have a taxable gain. However, you are taxed only up to the 
                                                                  cedure  2008-24  in  Internal  Revenue  Bulletin  2008-13. 
amount  of  money  plus  the  fair  market  value  of  the  other 
                                                                  Revenue  Ruling  2003-76  is  available  at IRS.gov/irb/
property you receive. The rules for figuring taxable gain in 
                                                                  2003-33_IRB#RR-2003-76.  Revenue  Procedure  2008-24 
this situation generally follow those for a partly nontaxable 
                                                                  is available at IRS.gov/irb/2008-13_IRB#RP-2008-24. For 
exchange discussed earlier under Like-Kind Exchanges. If 
                                                                  transfers  completed  on  or  after  October  24,  2011,  see 
the  property  you  give  up  includes  depreciable  property, 
                                                                  Revenue Ruling 2003-76, above, and Revenue Procedure 
the taxable gain may have to be reported as ordinary in-
                                                                  2011-38  in  Internal  Revenue  Bulletin  2011-30.  Revenue 
come  because  of  depreciation.  (See  chapter  3  of  Pub. 
                                                                  Procedure 2011-38 is  available       at    IRS.gov/irb/
544.) No loss is recognized.
                                                                  2011-30_IRB#RP-2011-38. For tax years beginning after 
Nonqualified  preferred  stock  (described  earlier  under 
                                                                  2010, amounts received as an annuity for a period of 10 
Stock for stock of the same corporation) received is gen-
                                                                  years or more, or for the lives of one or more individuals, 
erally treated as property other than stock.
                                                                  under any portion of an annuity, endowment, or life insur-
Basis of stock or other property received.     The ba-            ance contract, are treated as a separate contract and are 
sis of the stock you receive is generally the adjusted basis      considered partial annuities. A portion of an annuity, en-
of the property you transfer. Increase this amount by any         dowment,  or  life  insurance  contract  may  be  annuitized, 
                                                                  provided  that  the  annuitization  period  is  for  10  years  or 

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more or for the lives of one or more individuals. The invest-         of the liabilities assumed by the trust, plus any liabili-
ment in the contract is allocated between the part of the             ties on the property, exceed the adjusted basis of the 
contract from which amounts are received as an annuity                property.
and the part of the contract from which amounts are not 
                                                                    An installment obligation is transferred in trust. For in-
received as an annuity.
                                                                      formation on the disposition of an installment obliga-
Exchanges of contracts not included in this list, such as             tion, see Pub. 537.
an annuity contract for an endowment contract, or an an-
nuity or endowment contract for a life insurance contract,          Certain stock redemptions, which are taxable to a 
are taxable.                                                          spouse under the tax law, a divorce or separation in-
                                                                      strument, or a valid written agreement, discussed in 
                                                                      Regulations section 1.1041-2.
Demutualization of Life
Insurance Companies                                                 Any transfer of property to a spouse or former spouse 
                                                                    on which gain or loss is not recognized is treated by the 
A life insurance company may change from a mutual com-              recipient  as  a  gift  and  is  not  considered  a  sale  or  ex-
pany to a stock company. This is commonly called demu-              change.  The  recipient's  basis  in  the  property  will  be  the 
tualization. If you were a policyholder or annuitant of the         same as the adjusted basis of the giver immediately be-
mutual  company,  you  may  have  received  either  stock  in       fore the transfer. This carryover basis rule applies whether 
the stock company or cash in exchange for your equity in-           the adjusted basis of the transferred property is less than, 
terest in the mutual company.                                       equal to, or greater than either its fair market value at the 
                                                                    time of transfer or any consideration paid by the recipient. 
If the demutualization transaction qualifies as a tax-free          This rule applies for purposes of determining loss as well 
reorganization under section 368(a)(1) of the Internal Rev-         as gain. Any gain recognized on a transfer in trust increa-
enue  Code,  no  gain  or  loss  is  recognized  on  the  ex-       ses the basis.
change. Your holding period for the new stock includes the 
period you held an equity interest in the mutual company            A  transfer  of  property  is  incident  to  a  divorce  if  the 
as a policyholder or annuitant.                                     transfer occurs within 1 year after the date on which the 
                                                                    marriage ends, or if the transfer is related to the ending of 
If the demutualization transaction does not qualify as a            the  marriage.  For  more  information,  see Property  Settle-
tax-free reorganization under section 368(a)(1) of the In-          ments in Pub. 504, Divorced or Separated Individuals. 
ternal Revenue Code, you must recognize a capital gain 
or loss. Your holding period for the stock does not include 
the period you held an equity interest in the mutual com-
                                                                    Related Party Transactions
pany.
If you received cash in exchange for your equity inter-             Special  rules  apply  to  the  sale  or  trade  of  property  be-
est,  you  must  recognize  a  capital  gain.  If  you  held  an    tween related parties.
equity interest for more than 1 year, your gain is long term.
                                                                    Gain on Sale or Trade
U.S. Treasury                                                       of Depreciable Property

Notes or Bonds                                                      Your  gain  from  the  sale  or  trade  of  property  to  a  related 
You can trade certain issues of U.S. Treasury obligations           party may be ordinary income, rather than capital gain, if 
for other issues, designated by the Secretary of the Treas-         the property can be depreciated by the party receiving it. 
ury, with no gain or loss recognized on the trade.                  See chapter 2 in Pub. 544 for more information.
See  the  discussion  in  chapter  1  under U.S.  Treasury 
                                                                    Like-Kind Exchanges
Bills, Notes, and Bonds for information about income from 
these investments.                                                  Generally,  if  you  trade  business  or  investment  real  prop-
                                                                    erty for other business or investment real property of a like 
                                                                    kind,  no  gain  or  loss  is  recognized.  See Like-Kind  Ex-
Transfers Between Spouses                                           changes under Nontaxable Trades, earlier.

Generally,  no  gain  or  loss  is  recognized  on  a  transfer  of This rule also applies to trades of real property between 
property from an individual to (or in trust for the benefit of)     related  parties,  defined  next  under Losses  on  Sales  or 
a spouse or, if incident to a divorce, a former spouse. This        Trades  of  Property.  However,  if  either  you  or  the  related 
nonrecognition rule does not apply in the following situa-          party disposes of the like-kind property within 2 years after 
tions.                                                              the trade, you both must report any gain or loss not recog-
                                                                    nized  on  the  original  trade  on  your  return  for  the  year  in 
The recipient spouse or former spouse is a nonresi-               which the later disposition occurs.
  dent alien.
Property is transferred in trust and liability exceeds ba-
  sis. Gain must be recognized to the extent the amount 

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This rule generally does not apply to:                                 Two S corporations if the same persons own more 
                                                                         than 50% in value of the outstanding stock of each 
 Dispositions due to the death of either related party,
                                                                         corporation.
 Involuntary conversions (see chapter 1 of Pub. 544), 
   or                                                                  Two corporations, one of which is an S corporation, if 
                                                                         the same persons own more than 50% in value of the 
 Trades and later dispositions whose main purpose is                   outstanding stock of each corporation.
   not the avoidance of federal income tax.
                                                                       An executor and a beneficiary of an estate (except in 
If a property holder's risk of loss on the property is sub-              the case of a sale or trade to satisfy a monetary be-
stantially diminished during any period, that period is not              quest).
counted  in  determining  whether  the  property  was  dis-            Two corporations that are members of the same con-
posed of within 2 years. The property holder's risk of loss              trolled group (under certain conditions, however, these 
is substantially diminished by:                                          losses are not disallowed but must be deferred).
 The holding of a put on the property,                               Two partnerships if the same persons own, directly or 
 The holding by another person of a right to acquire the               indirectly, more than 50% of the capital interests or the 
   property, or                                                          profit interests in both partnerships.

 A short sale or any other transaction.                            Multiple property sales or trades.  If you sell or trade to 
                                                                     a related party a number of blocks of stock or pieces of 
Losses on Sales or                                                   property in a lump sum, you must figure the gain or loss 
Trades of Property                                                   separately  for  each  block  of  stock  or  piece  of  property. 
                                                                     The gain on each item may be taxable. However, you can-
You cannot deduct a loss on the sale or trade of property,           not deduct the loss on any item. Also, you cannot reduce 
other than a distribution in complete liquidation of a corpo-        gains from the sales of any of these items by losses on the 
ration,  if  the  transaction  is  directly  or  indirectly  between sales of any of the other items.
you and the following related parties.
                                                                     Indirect transactions.  You cannot deduct your loss on 
 Members of your family. This includes only your broth-            the  sale  of  stock  through  your  broker  if,  under  a  prear-
   ers and sisters, half-brothers and half-sisters, spouse,          ranged plan, a related party buys the same stock you had 
   ancestors (parents, grandparents, etc.), and lineal de-           owned.  This  does  not  apply  to  a  trade  between  related 
   scendants (children, grandchildren, etc.).                        parties  through  an  exchange  that  is  purely  coincidental 
 A partnership in which you directly or indirectly own             and is not prearranged.
   more than 50% of the capital interest or the profits in-
   terest.                                                           Constructive  ownership  of  stock.       In  determining 
                                                                     whether a person directly or indirectly owns any of the out-
 A corporation in which you directly or indirectly own             standing stock of a corporation, the following rules apply.
   more than 50% in value of the outstanding stock (see 
   Constructive ownership of stock, later).                          Rule 1.      Stock directly or indirectly owned by or for a 
                                                                     corporation,  partnership,  estate,  or  trust  is  considered 
 A tax-exempt charitable or educational organization               owned proportionately by or for its shareholders, partners, 
   directly or indirectly controlled, in any manner or by            or beneficiaries.
   any method, by you or by a member of your family, 
   whether or not this control is legally enforceable.               Rule 2.      An individual is considered to own the stock 
                                                                     directly or indirectly owned by or for his or her family. Fam-
In addition, a loss on the sale or trade of property is not 
                                                                     ily  includes  only  brothers  and  sisters,  half-brothers  and 
deductible  if  the  transaction  is  directly  or  indirectly  be-
                                                                     half-sisters, spouse, ancestors, and lineal descendants.
tween the following related parties.
 A grantor and fiduciary, or the fiduciary and benefi-             Rule 3.      An individual owning, other than by applying 
   ciary, of any trust.                                              rule 2, any stock in a corporation is considered to own the 
                                                                     stock directly or indirectly owned by or for his or her part-
 Fiduciaries of two different trusts, or the fiduciary and         ner.
   beneficiary of two different trusts, if the same person is 
   the grantor of both trusts.                                       Rule 4.      When applying rule 1, 2, or 3, stock construc-
                                                                     tively  owned  by  a  person  under  rule  1  is  treated  as  ac-
 A trust fiduciary and a corporation of which more than            tually  owned  by  that  person.  But  stock  constructively 
   50% in value of the outstanding stock is directly or in-          owned by an individual under rule 2 or rule 3 is not again 
   directly owned by or for the trust, or by or for the gran-        treated as owned by that individual for applying either rule 
   tor of the trust.                                                 2 or rule 3 to make another person the constructive owner 
 A corporation and a partnership if the same persons               of the stock.
   own more than 50% in value of the outstanding stock 
   of the corporation and more than 50% of the capital in-           Property received from a related party.   If you sell or 
   terest or the profits interest in the partnership.                trade at a gain property you acquired from a related party, 
                                                                     you  recognize  the  gain  only  to  the  extent  that  it  is  more 

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than  the  loss  previously  disallowed  to  the  related  party.    The  correct  classification  and  identification  helps  you 
This rule applies only if you are the original transferee and        figure  the  limit  on  capital  losses  and  the  correct  tax  on 
you acquired the property by purchase or exchange. This              capital gains. For information about determining whether 
rule  does  not  apply  if  the  related  party's  loss  was  disal- your  capital  gain  or  loss  is  short  term  or  long  term,  see 
lowed because of the wash sale rules, described later un-            Holding Period, later. For information about 28% rate gain 
der Wash Sales.                                                      or loss and unrecaptured section 1250 gain, see     Capital 
  If you sell or trade at a loss property you acquired from          Gain Tax Rates, later.
a related party, you cannot recognize the loss that was not 
allowed to the related party.                                        Capital or Ordinary
  Example  1.   Your  sibling  sells  you  stock  for  $7,600.       Gain or Loss
Your  sibling’s  cost  basis  is  $10,000.  Your  sibling  cannot 
deduct the loss of $2,400. Later, you sell the same stock            If  you  have  a  taxable  gain  or  a  deductible  loss  from  a 
to  an  unrelated  party  for  $10,500,  realizing  a  gain  of      transaction, it may be either a capital gain or loss or an or-
$2,900. Your reportable gain is $500 (the $2,900 gain mi-            dinary  gain  or  loss,  depending  on  the  circumstances. 
nus the $2,400 loss not allowed to your sibling).                    Generally, a sale or trade of a capital asset (defined next) 
                                                                     results in a capital gain or loss. A sale or trade of a nonca-
  Example  2. If,  in Example  1,  you  sold  the  stock  for        pital  asset  generally  results  in  ordinary  gain  or  loss.  De-
$6,900  instead  of  $10,500,  your  recognized  loss  is  only      pending on the circumstances, a gain or loss on a sale or 
$700  (your  $7,600  basis  minus  $6,900).  You  cannot  de-        trade of property used in a trade or business may be trea-
duct the loss that was not allowed to your sibling.                  ted as either capital or ordinary, as explained in Pub. 544. 
                                                                     In some situations, part of your gain or loss may be a capi-
                                                                     tal gain or loss, and part may be an ordinary gain or loss.
Capital Gains
                                                                     Capital Assets and
and Losses                                                           Noncapital Assets

                                                                     For  the  most  part,  everything  you  own  and  use  for  per-
Terms you may need to know                                           sonal purposes, pleasure, or investment is a capital asset. 
(see Glossary):                                                      Some examples are:
  Call                                                               Stocks or bonds held in your personal account;
  Commodity future                                                   A house owned and used by you and your family;
  Conversion transaction                                             Household furnishings;
  Forward contract                                                   A car used for pleasure or commuting;
  Limited partner                                                    Coin or stamp collections;
  Listed option                                                      Gems and jewelry; and
  Nonequity option                                                   Gold, silver, or any other metal.

  Options dealer                                                     Any property you own is a capital asset, except the fol-
  Put                                                                lowing noncapital assets.
  Regulated futures contract                                         1. Property held mainly for sale to customers or property 
                                                                       that will physically become a part of the merchandise 
  Section 1256 contract                                                for sale to customers. For an exception, see Capital 
  Straddle                                                             asset treatment for self-created musical works, later.
  Wash sale                                                          2. Depreciable property used in your trade or business, 
                                                                       even if fully depreciated.
                                                                     3. Real property used in your trade or business.
This section discusses the tax treatment of gains and los-
ses from different types of investment transactions.                 4. A patent; invention, model, or design (whether or not 
                                                                       patented); a secret formula or process; a copyright; a 
Character  of  gain  or  loss.   You  need  to  classify  your         literary, musical, or artistic composition; a letter or 
gains and losses as either ordinary or capital gains or los-           memorandum; or similar property, held by:
ses. You then need to classify your capital gains and los-
                                                                       a. A person whose personal efforts created such 
ses as either short term or long term. If you have long-term 
                                                                       property;
gains and losses, you must identify your 28% rate gains 
and losses. If you have a net capital gain, you must also              b. In the case of a letter, memorandum, or similar 
identify any unrecaptured section 1250 gain.                           property, a person for whom such property was 
                                                                       prepared or produced; or

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    c. Acquired under circumstances (for example, by             copyrights  in  musical  works  as  capital  assets  when  you 
      gift) entitling you to the basis of the person who         sell or exchange them if:
      created the property or for whom it was prepared 
                                                                 Your personal efforts created the property, or
      or produced.
                                                                 You acquired the property under circumstances (for 
      For  an  exception  to  this  rule,  see Capital  asset      example, by gift) entitling you to the basis of the per-
   treatment for self-created musical works, later.                son who created the property or for whom it was pre-
5. Accounts or notes receivable acquired in the ordinary           pared or produced.
   course of a trade or business for services rendered or        You  must  make  a  separate  election  for  each  musical 
   from the sale of property described in (1).                   composition  (or  copyright  in  a  musical  work)  sold  or  ex-
6. U.S. Government publications, including the Congres-          changed during the tax year. Make the election by the due 
   sional Record, that you received:                             date (including extensions) of the income tax return for the 
                                                                 tax  year  of  the  sale  or  exchange.  Make  the  election  on 
    a. From the U.S. Government (or any governmental             Form 8949 and Schedule D (Form 1040) by treating the 
      agency) for an amount other than the normal sales          sale or exchange as the sale or exchange of a capital as-
      price, or                                                  set, according to Form 8949 and Schedule D (Form 1040) 
    b. Under circumstances (such as by gift) that entitle        and their separate instructions.
      you to the basis of someone who received the               You can revoke the election if you have IRS approval. 
      publication for an amount other than the normal            To get IRS approval, you must submit a request for a letter 
      sales price.                                               ruling under the appropriate IRS revenue procedure. See, 
                                                                 for  example,  Revenue  Procedure  2020-1,  available  at 
7. Certain commodities derivative financial instruments          IRS.gov/irb/2020-01_IRB#REV-PROC-2020-1.                Alterna-
   held by commodities derivatives dealers. For more in-         tively,  you  are  granted  an  automatic  6-month  extension 
   formation, see section 1221 of the Internal Revenue           from the due date of your income tax return (excluding ex-
   Code.                                                         tensions)  to  revoke  the  election,  provided  you  timely  file 
                                                                 your income tax return, and within this 6-month extension 
8. Hedging transactions, but only if the transaction is 
                                                                 period,  you  file  Form  1040-X  that  treats  the  sale  or  ex-
   clearly identified as a hedging transaction before the 
                                                                 change as the sale or exchange of property that is not a 
   close of the day on which it was acquired, originated, 
                                                                 capital asset.
   or entered into. For more information, see the defini-
   tion of hedging transaction, earlier, and the discussion 
   of hedging transactions under Commodity Futures,              Discounted Debt Instruments
   later.
                                                                 Treat your gain or loss on the sale, redemption, or retire-
9. Supplies of a type you regularly use or consume in the        ment of a bond or other debt instrument originally issued 
   ordinary course of your trade or business.                    at  a  discount  or  bought  at  a  discount  as  capital  gain  or 
                                                                 loss, except as explained in the following discussions.
Investment  property. Investment  property  is  a  capital 
asset. Any gain or loss from its sale or trade is generally a    Short-term  government  obligations. Treat  gains  on 
capital gain or loss.                                            short-term federal, state, or local government obligations 
                                                                 (other than tax-exempt obligations) as ordinary income up 
Gold, silver, stamps, coins, gems, etc.        These are 
                                                                 to  your  ratable  share  of  the  acquisition  discount.  This 
capital  assets  except  when  they  are  held  for  sale  by  a 
                                                                 treatment applies to obligations with a fixed maturity date 
dealer. Any gain or loss from their sale or trade is gener-
                                                                 of not more than 1 year from the date of issue. Acquisition 
ally a capital gain or loss.
                                                                 discount is the stated redemption price at maturity minus 
Stocks, stock rights, and bonds.     All of these, includ-       your basis in the obligation.
ing stock received as a dividend, are capital assets except      However, do not treat these gains as income to the ex-
when they are held for sale by a securities dealer. How-         tent you previously included the discount in income. See 
ever, see Losses on Section 1244 (Small Business) Stock          Discount on Short-Term Obligations in chapter 1 for more 
and   Losses  on  Small  Business  Investment  Company           information.
Stock, later.
                                                                 Short-term  nongovernment  obligations.   Treat  gains 
Personal use property.      Property held for personal use       on  short-term  nongovernment  obligations  as  ordinary  in-
only, rather than for investment, is a capital asset, and you    come up to your ratable share of OID. This treatment ap-
must report a gain from its sale as a capital gain. However,     plies to obligations with a fixed maturity date of not more 
you cannot deduct a loss from selling personal use prop-         than 1 year from the date of issue.
erty.                                                            However, to the extent you previously included the dis-
                                                                 count in income, you do not have to include it in income 
Capital  asset  treatment  for  self-created  musical            again.  See Discount  on  Short-Term  Obligations  in  chap-
works.   You can elect to treat musical compositions and         ter 1 for more information.

                                                                 Tax-exempt  state  and  local  government  bonds.         If 
                                                                 these  bonds  were  originally  issued  at  a  discount  before 

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September 4, 1982, or you acquired them before March 2,              amounts  of  OID  previously  includible  in  your  income.  In 
1984, treat your part of OID as tax-exempt interest. To fig-         this case, the rest of the gain is capital gain.
ure your gain or loss on the sale or trade of these bonds,           An  intention  to  call  a  debt  instrument  before  maturity 
reduce the amount realized by your part of OID.                      means there is a written or oral agreement or understand-
If the bonds were issued after September 3, 1982, and                ing not provided for in the debt instrument between the is-
acquired after March 1, 1984, increase the adjusted basis            suer  and  original  holder  that  the  issuer  will  redeem  the 
by your part of OID to figure gain or loss. For more infor-          debt instrument before maturity. In the case of debt instru-
mation  on  the  basis  of  these  bonds,  see   Discounted          ments that are part of an issue, the agreement or under-
tax-exempt obligations, earlier in this chapter.                     standing  must  be  between  the  issuer  and  the  original 
Any gain from market discount is usually taxable on dis-             holders of a substantial amount of the debt instruments in 
position or redemption of tax-exempt bonds. If you bought            the issue.
the bonds before May 1, 1993, the gain from market dis-
count  is  capital  gain.  If  you  bought  the  bonds  after  April Example 1.      On February 9, 2022, you bought at origi-
30,  1993,  the  gain  from  market  discount  is  ordinary  in-     nal  issue  for  $7,600,  Jones  Corporation's  10-year,  5% 
come.                                                                bond which has a stated redemption price at maturity of 
You figure market discount by subtracting the price you              $10,000.  On  February  13,  2023,  you  sold  the  bond  for 
paid for the bond from the sum of the original issue price           $9,040.  Assume  you  have  included  $334  of  OID  in  your 
of the bond and the amount of accumulated OID from the               gross  income  (including  the  amount  accrued  for  2023) 
date of issue that represented interest to any earlier hold-         and increased your basis in the bond by that amount. Your 
ers. For more information, see Market Discount Bonds in              basis  is  now  $7,934.  If  at  the  time  of  the  original  issue 
chapter 1.                                                           there  was  no  intention  to  call  the  bond  before  maturity, 
A loss on the sale or other disposition of a tax-exempt              your  gain  of  $1,106  ($9,040  amount  realized  minus 
state or local government bond is deductible as a capital            $7,934 adjusted basis) is capital gain.
loss.
                                                                     Example 2.      If, in  Example 1, at the time of original is-
Redeemed before maturity.      If a state or local bond              sue there was an intention to call the bond before maturity, 
issued  before  June  9,  1980,  is  redeemed  before  it  ma-       your entire gain is ordinary income. You figure this as fol-
tures, the OID is not taxable to you.                                lows:
If a state or local bond issued after June 8, 1980, is re-
deemed  before  it  matures,  the  part  of  OID  earned  while      1.  Entire OID ($10,000 stated redemption price at 
you  hold  the  bond  is  not  taxable  to  you.  However,  you        maturity minus $7,600 issue price) . . . . . . . . . .        $2,400 
must report the unearned part of OID as a capital gain.              2.  Minus: Amount previously included
                                                                       in income . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Example.     On  July  2,  2012,  the  date  of  issue,  you         3.  Maximum amount of ordinary income . . . . . . . . .         $2,066
bought a 20-year, 6% municipal bond for $800. The face 
amount of the bond was $1,000. The $200 discount was                 Because  the  amount  in  (3)  is  more  than  your  gain  of 
OID. At the time the bond was issued, the issuer had no              $1,106, your entire gain is ordinary income.
intention of redeeming it before it matured. The bond was 
                                                                     Market discount bonds.            If the debt instrument has mar-
callable at its face amount beginning 10 years after the is-
                                                                     ket discount and you chose to include the discount in in-
sue date.
                                                                     come as it accrued, increase your basis in the debt instru-
The issuer redeemed the bond at the end of 11 years 
                                                                     ment by the accrued discount to figure capital gain or loss 
(July 2, 2023) for its face amount of $1,000 plus accrued 
                                                                     on its disposition. If you did not choose to include the dis-
annual  interest  of  $60.  The  OID  earned  during  the  time 
                                                                     count in income as it accrued, you must report gain as or-
you held the bond, $73, is not taxable. The $60 accrued 
                                                                     dinary interest income up to the instrument's accrued mar-
annual interest is also not taxable. However, you must re-
                                                                     ket  discount.  See   Market  Discount  Bonds  in  chapter  1. 
port  the  unearned  part  of  OID,  $127  ($200  −  $73),  as  a 
                                                                     The rest of the gain is capital gain.
capital gain.
                                                                     However,  a  different  rule  applies  if  you  dispose  of  a 
Long-term  debt  instruments  issued  after  May  27,                market discount bond that was:
1969  (or  after  July  1,  1982,  if  a  government  instru-        Issued before July 19, 1984; and
ment). If  you  hold  one  of  these  debt  instruments,  you 
must include a part of OID in your gross income each year            Purchased by you before May 1, 1993.
you own the instrument. Your basis in that debt instrument           In that case, any gain is treated as interest income up to 
is increased by the amount of OID that you have included             the amount of your deferred interest deduction for the year 
in your gross income. See Original Issue Discount (OID) in           you  dispose  of  the  bond.  The  rest  of  the  gain  is  capital 
chapter 1.                                                           gain.  (The  limit  on  the  interest  deduction  for  market  dis-
If you sell or trade the debt instrument before maturity,            count bonds is discussed in chapter 3 under                   When To De-
your gain is a capital gain. However, if at the time the in-         duct Investment Interest.)
strument  was  originally  issued  there  was  an  intention  to     Report the sale or trade of a market discount bond in 
call it before its maturity, your gain is generally ordinary in-     Form 8949, Part I or Part II, whichever is appropriate. Use 
come  to  the  extent  of  the  entire  OID  reduced  by  any        the table How To Complete Form 8949, Columns (f) and 
                                                                     (g) in the Instructions for Form 8949 to help you figure the 

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amounts to report for a sale or trade of a market discount            or bankrupt, you may be able to deduct your loss in one of 
bond. Also report the amount of accrued market discount               two ways.
in  column  (g)  as  interest  income  on  Schedule  B  (Form 
                                                                      Casualty loss.
1040), line 1, and identify it as “Accrued Market Discount.”
                                                                      Nonbusiness bad debt (short-term capital loss).
    Report your sales or trades of a market discount 
TIP bond on Form 8949 with the correct box checked                            You can no longer claim any miscellaneous item-
    for these transactions. See Form 8949 and the In-                 !       ized deductions, including the deduction for an or-
structions for Form 8949.                                             CAUTION dinary loss on deposits in insolvent or bankrupt fi-
                                                                      nancial institutions.
Retirement  of  debt  instrument.    Any  amount  you  re-
ceive on the retirement of a debt instrument is treated in 
the same way as if you had sold or traded that instrument.            Casualty loss. If you can reasonably estimate your loss, 
                                                                      you can treat the estimated loss as a casualty loss in the 
Notes of individuals. If you hold an obligation of an indi-           current year.
vidual issued with OID after March 1, 1984, you must gen-             If you claim a casualty loss, attach Form 4684 to your 
erally include the OID in your income currently, and your             return. Each loss must be reduced by $100. The amount 
gain  or  loss  on  its  sale  or  retirement  is  generally  capital of your casualty loss may be limited. See Pub. 547.
gain or loss. An exception to this treatment applies if the           You cannot choose this method if:
obligation is a loan between individuals and all the follow-          You own at least 1% of the financial institution,
ing requirements are met.
                                                                      You are an officer of the institution, or
 The lender is not in the business of lending money.
                                                                      You are related to such an owner or officer. You are re-
 The amount of the loan, plus the amount of any out-                  lated if you and the owner or officer are “related par-
   standing prior loans, is $10,000 or less.                            ties,” as defined earlier under Related Party Transac-
 Avoiding federal tax is not one of the principal purpo-              tions, or if you are the aunt, uncle, nephew, or niece of 
   ses of the loan.                                                     the owner or officer.
If  the  exception  applies,  or  the  obligation  was  issued        If the actual loss that is finally determined is more than 
before March 2, 1984, you do not include the OID in your              the amount you deducted as an estimated loss, you can 
income currently. When you sell or redeem the obligation,             claim the excess loss as a nonbusiness bad debt. If the 
the  part  of  your  gain  that  is  not  more  than  your  accrued   actual loss is less than the amount deducted as an esti-
share of OID at that time is ordinary income. The rest of             mated loss, you must include in income (in the final deter-
the gain, if any, is capital gain. Any loss on the sale or re-        mination year) the excess loss claimed. See Recoveries in 
demption is capital loss.                                             Pub. 525.

                                                                      Nonbusiness bad debt.  If you do not choose to deduct 
Bearer Obligations                                                    your estimated loss as a casualty loss or an ordinary loss, 
You cannot deduct any loss on an obligation required to               you wait until the year the amount of the actual loss is de-
be in registered form that is instead held in bearer form. In         termined and deduct it as a nonbusiness bad debt in that 
addition, any gain on the sale or other disposition of the            year. Report it as a short-term capital loss on Form 8949, 
obligation is ordinary income. However, if the issuer was             Part I, line 1, as explained under How to report bad debts, 
subject to a tax when the obligation was issued, then you             later.
can deduct any loss, and any gain may qualify for capital 
gain treatment.                                                       Sale of Annuity

Obligations  required  to  be  in  registered  form.   Any            The part of any gain on the sale of an annuity contract be-
obligation must be in registered form unless:                         fore its maturity date that is based on interest accumulated 
 It is issued by a natural person,                                  on the contract is ordinary income.

 It is not of a type offered to the public,                         Conversion Transactions
 It has a maturity at the date of issue of not more than 1 
   year, or                                                           Generally, all or part of a gain on a conversion transaction 
                                                                      is treated as ordinary income. This applies to gain on the 
 It was issued before 1983.
                                                                      disposition or other termination of any position you held as 
                                                                      part  of  a  conversion  transaction  you  entered  into  after 
Deposit in Insolvent or                                               April 30, 1993.
Bankrupt Financial Institution
                                                                      A conversion transaction is any transaction that meets 
If you lose money you have on deposit in a bank, credit               both of these tests.
union, or other financial institution that becomes insolvent 
                                                                      1. Substantially all of your expected return from the 
                                                                        transaction is due to the time value of your net 

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  investment. In other words, the return on your invest-         entering into the position (for example, a premium you re-
  ment is, in substance, like interest on a loan.                ceived for writing a call).

2. The transaction is one of the following.                      Position with built-in loss.   A special rule applies when 
  a. A straddle as defined under Straddles, later, but           a position with a built-in loss becomes part of a conversion 
  including any set of offsetting positions on stock             transaction. A built-in loss is any loss you would have real-
  established before October 22, 2004.                           ized  if  you  had  disposed  of  or  otherwise  terminated  the 
                                                                 position at its fair market value at the time it became part 
  b. Any transaction in which you acquire property               of the conversion transaction.
  (whether or not actively traded) at substantially the          When  applying  the  conversion  transaction  rules  to  a 
  same time that you contract to sell the same prop-             position with a built-in loss, use the position's fair market 
  erty, or substantially identical property, at a price          value  at  the  time  it  became  part  of  the  transaction.  But, 
  set in the contract.                                           when you dispose of or otherwise terminate the position in 
  c. Any other transaction that is marketed or sold as           a  transaction  in  which  you  recognize  gain  or  loss,  you 
  producing capital gains from a transaction descri-             must recognize the built-in loss. The conversion transac-
  bed in (1).                                                    tion rules do not affect whether the built-in loss is treated 
                                                                 as an ordinary or capital loss.
Amount  treated  as  ordinary  income.     The  amount  of 
gain treated as ordinary income is the smaller of:               Netting rule for certain conversion transactions.       Be-
                                                                 fore determining the amount of gain treated as ordinary in-
The gain recognized on the disposition or other termi-         come, you can net certain gains and losses from positions 
  nation of the position, or                                     of the same conversion transaction. To do this, you have 
The “applicable imputed income amount.”                        to dispose of all the positions within a 14-day period that is 
                                                                 within  a  single  tax  year.  You  cannot  net  the  built-in  loss 
Applicable  imputed  income  amount.        Figure  this         against the gain.
amount as follows.
                                                                         You can net gains and losses only if you identify 
1. Figure the amount of interest that would have accrued                 the conversion transaction as an identified netting 
  on your net investment in the conversion transaction           RECORDS transaction on your books and records. Each po-
  for the period ending on the earlier of:                       sition of the conversion transaction must be identified be-
                                                                 fore  the  end  of  the  day  on  which  the  position  becomes 
  a. The date you dispose of the position, or
                                                                 part of the conversion transaction. For conversion transac-
  b. The date the transaction stops being a conversion           tions entered into before February 20, 1996, this require-
  transaction.                                                   ment is met if the identification was made by that date.
  To figure this amount, use an interest rate equal to 
  120% of the “applicable rate,” defined later.                  Options  dealers  and  commodities  traders.            These 
                                                                 rules  do  not  apply  to  options  dealers  and  commodities 
2. Subtract from (1) the amount treated as ordinary in-          traders.
  come from any earlier disposition or other termination 
  of a position held as part of the same conversion              How  to  report.   Use  Form  6781  to  report  conversion 
  transaction.                                                   transactions.  See  the  instructions  for  lines  11  and  13  of 
                                                                 Form 6781.
Applicable rate.    If the term of the conversion transac-
tion  is  indefinite,  the  applicable  rate  is  the  federal 
                                                                 Commodity Futures
short-term rate in effect under section 6621(b) during the 
period of the conversion transaction, compounded daily.          A  commodity  futures  contract  is  a  standardized,  ex-
In all other cases, the applicable rate is the “applicable       change-traded contract for the sale or purchase of a fixed 
federal  rate”  determined  as  if  the  conversion  transaction amount of a commodity at a future date for a fixed price.
were a debt instrument and compounded semiannually.
The rates discussed above are published by the IRS in            If the contract is a regulated futures contract, the rules 
the Internal Revenue Bulletin. The Internal Revenue Bulle-       described earlier under Section 1256 Contracts Marked to 
tin is available through IRS.gov. You can also find applica-     Market apply to it.
ble federal rates in the Index of Applicable Federal Rates 
(AFRs)  Rulings  at https://apps.IRS.gov/app/picklist/list/      The termination of a commodity futures contract gener-
federalRates.html.                                               ally results in capital gain or loss unless the contract is a 
See chapter 5, How To Get Tax Help, for information on           hedging transaction.
contacting the IRS.
                                                                 Hedging transaction.       A futures contract that is a hedg-
Net investment.    To determine your net investment in a         ing transaction generally produces ordinary gain or loss. A 
conversion  transaction,  include  the  fair  market  value  of  futures contract is a hedging transaction if you enter into 
any position at the time it becomes part of the transaction.     the  contract  in  the  ordinary  course  of  your  business  pri-
This means your net investment will generally be the total       marily to manage the risk of interest rate or price changes 
amount  you  invested,  less  any  amount  you  received  for    or currency fluctuations on borrowings, ordinary property, 

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or  ordinary  obligations.  (Generally,  ordinary  property  or      value on the date the constructive ownership transaction 
obligations are those that cannot produce capital gain or            was opened and sold the asset for its fair market value on 
loss under any circumstances.) For example, the offset or            the date the transaction was closed. If you do not estab-
exercise  of  a  futures  contract  that  protects  against  price   lish the amount of net underlying long-term capital gain by 
changes in your business inventory results in an ordinary            clear and convincing evidence, it is treated as zero.
gain or loss.
For  more  information  about  hedging  transactions,  see           More information.    For more information about construc-
Regulations section 1.1221-2. Also, see Hedging Transac-             tive ownership transactions, see section 1260 of the Inter-
tions  under Section  1256  Contracts  Marked  to  Market,           nal Revenue Code.
earlier.
                                                                     Losses on Section 1244
        If you have multiple transactions in the commodity 
        futures market during the year, the burden of proof          (Small Business) Stock
RECORDS is on you to show which transactions are hedging 
                                                                     Subject  to  the  limitations  discussed  under Ordinary  loss 
transactions. Clearly identify any hedging transactions on 
                                                                     limit, later, you can deduct as an ordinary loss, rather than 
your books and records before the end of the day you en-
                                                                     as a capital loss, a loss on the sale, trade, or worthless-
tered into the transaction. It may be helpful to have sepa-
                                                                     ness of section 1244 stock. Report the loss on Form 4797, 
rate brokerage accounts for your hedging and nonhedging 
                                                                     line  10.  Any  loss  in  excess  of  the  amounts  described  in 
transactions. For specific requirements concerning identi-
                                                                     Ordinary  loss  limit,  later,  should  be  reported  on  Form 
fication  of  hedging  transactions  and  the  underlying  item, 
                                                                     8949.
items,  or  aggregate  risk  being  hedged,  see  Regulations 
section 1.1221-2(f).                                                 Any gain on section 1244 stock is a capital gain if the 
                                                                     stock is a capital asset in your hands. Do not offset gains 
Gains From Certain Constructive Ownership                            against  losses  that  are  within  the  ordinary  loss  limit,  ex-
                                                                     plained later in this discussion, even if the transactions are 
Transactions
                                                                     in stock of the same company. Report the gain on Form 
If you have a gain from a constructive ownership transac-            8949.
tion entered into after July 11, 1999, involving a financial 
                                                                     If you must figure a net operating loss, any ordinary loss 
asset  (discussed  later)  and  the  gain  would  normally  be 
                                                                     from the sale of section 1244 stock is a business loss.
treated  as  long-term  capital  gain,  all  or  part  of  the  gain 
may be treated instead as ordinary income. In addition, if           Ordinary loss limit.  The amount you can deduct as an 
any  gain  is  treated  as  ordinary  income,  your  tax  is  in-    ordinary loss is limited to $50,000 each year. On a joint re-
creased by an interest charge.                                       turn, the limit is $100,000, even if only one spouse has this 
                                                                     type of loss. If your loss is $110,000 and your spouse has 
Constructive  ownership  transactions.   The  following 
                                                                     no loss, you can deduct $100,000 as an ordinary loss on a 
are constructive ownership transactions.
                                                                     joint return. The remaining $10,000 is a capital loss.
 A notional principal contract in which you have the 
   right to receive all or substantially all of the investment       Section 1244 (small business) stock.  This is stock is-
   yield on a financial asset and you are obligated to re-           sued for money or property (other than stock and securi-
   imburse all or substantially all of any decline in value          ties) in a domestic small business corporation. During its 5 
   of the financial asset.                                           most  recent  tax  years  before  the  loss,  this  corporation 
                                                                     must  have  derived  more  than  50%  of  its  gross  receipts 
 A forward or futures contract to acquire a financial as-
                                                                     from other than royalties, rents, dividends, interest, annui-
   set.
                                                                     ties, and gains from sales and trades of stocks or securi-
 The holding of a call option and writing of a put option          ties. If the corporation was in existence for at least 1 year, 
   on a financial asset at substantially the same strike             but less than 5 years, the 50% test applies to the tax years 
   price and maturity date.                                          ending before the loss. If the corporation was in existence 
This  provision  does  not  apply  if  all  the  positions  are      less than 1 year, the 50% test applies to the entire period 
marked  to  market.  Marked-to-market  rules  for  section           the  corporation  was  in  existence  before  the  day  of  the 
1256 contracts are discussed in detail under Section 1256            loss. However, if the corporation's deductions (other than 
Contracts Marked to Market, earlier.                                 the net operating loss and dividends received deductions) 
                                                                     were  more  than  its  gross  income  during  this  period,  this 
Financial asset.     A financial asset, for this purpose, is         50% test does not apply.
any equity interest in a pass-through entity. Pass-through           The  corporation  must  have  been  largely  an  operating 
entities include partnerships, S corporations, trusts, regu-         company for ordinary loss treatment to apply.
lated investment companies, and REITs.                               If the stock was issued before July 19, 1984, the stock 
                                                                     must be common stock. If issued after July 18, 1984, the 
Amount of ordinary income.     Long-term capital gain is 
treated as ordinary income to the extent it is more than the 
net underlying long-term capital gain. The net underlying 
long-term  capital  gain  is  the  net  capital  gain  you  would 
have realized if you acquired the asset for its fair market 

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stock may be either common or preferred. For more infor-            The basis of the stock is determined by the basis of 
mation about the requirements of a small business corpo-              the property.
ration or the qualifications of section 1244 stock, see sec-        Reduce the basis of the stock by the difference between 
tion  1244  of  the  Internal  Revenue  Code  and  its              the adjusted basis of the property and its fair market value 
regulations.                                                        at the time of the trade. You reduce the basis only to figure 
                                                                    the ordinary loss. Do not reduce the basis of the stock for 
The  stock  must  be  issued  to  the  person  taking  the 
                                                                    any other purpose.
loss.  You must be the original owner of the stock to be 
allowed ordinary loss treatment. To claim a deductible loss         Example.    You transfer property with an adjusted basis 
on stock issued to your partnership, you must have been a           of $1,000 and a fair market value of $250 to a corporation 
partner when the stock was issued and have remained so              for  its  section  1244  stock.  The  basis  of  your  stock  is 
until the time of the loss. You add your distributive share of      $1,000, but to figure the ordinary loss under these rules, 
the partnership loss to any individual section 1244 stock           the  basis  of  your  stock  is  $250  ($1,000  −  $750).  If  you 
loss you may have before applying the ordinary loss limit.          later sell the section 1244 stock for $200, your $800 loss 
    Stock  distributed  by  partnership.   If  your  partner-       is an ordinary loss of $50 and a capital loss of $750.
ship distributes the stock to you, you cannot treat any later 
loss on that stock as an ordinary loss.                             Contributions  to  capital.   If  the  basis  of  your  section 
                                                                    1244 stock has increased, through contributions to capital 
    Stock sold through underwriter.     Stock sold through          or otherwise, you must treat this increase as applying to 
an underwriter is not section 1244 stock unless the under-          stock that is not section 1244 stock when you figure an or-
writer only acted as a selling agent for the corporation.           dinary loss on its sale.

Stock  dividends  and  reorganizations.    Stock  you  re-          Example.    You buy 100 shares of section 1244 stock 
ceive as a stock dividend qualifies as section 1244 stock           for $10,000. You are the original owner. You later make a 
if:                                                                 $2,000 contribution to capital that increases the total basis 
  You receive it from a small business corporation in             of the 100 shares to $12,000. You then sell the 100 shares 
    which you own stock, and                                        for $9,000 and have a loss of $3,000. You can deduct only 
                                                                    $2,500  ($3,000  ×  $10,000/$12,000)  as  an  ordinary  loss 
  The stock you own meets the requirements when the               under these rules. The remaining $500 is a capital loss.
    stock dividend is distributed.
                                                                            Recordkeeping.  You  must  keep  records  suffi-
    If you trade your section 1244 stock for new stock in the               cient to show your stock qualifies as section 1244 
same corporation in a reorganization that qualifies as a re-        RECORDS stock.  Your  records  must  also  distinguish  your 
capitalization or that is only a change in identity, form, or       section  1244  stock  from  any  other  stock  you  own  in  the 
place of organization, the new stock is section 1244 stock          corporation.
if  the  stock  you  trade  meets  the  requirements  when  the 
trade occurs.
    If  you  hold  section  1244  stock  and  other  stock  in  the Losses on Small Business Investment 
same  corporation,  not  all  of  the  stock  you  receive  as  a   Company Stock
stock dividend or in a reorganization will qualify as section 
1244  stock.  Only  that  part  based  on  the  section  1244       A small business investment company (SBIC) is one that 
stock you hold will qualify.                                        is licensed and operated under the Small Business Invest-
                                                                    ment Act of 1958.
    Example.   Your  basis  for  100  shares  of  X  common 
stock  is  $1,000.  These  shares  qualify  as  section  1244       If you are an investor in SBIC stock, you can deduct as 
stock. If, as a nontaxable stock dividend, you receive 50           an ordinary loss, rather than a capital loss, a loss from the 
more shares of common stock, the basis of which is deter-           sale, trade, or worthlessness of that stock. A gain from the 
mined  from  the  100  shares  you  own,  the  50  shares  are      sale or trade of that stock is a capital gain. Do not offset 
also section 1244 stock.                                            your  gains  and  losses,  even  if  they  are  on  stock  of  the 
    If you also own stock in the corporation that is not sec-       same company.
tion 1244 stock when you receive the stock dividend, you 
must divide the shares you receive as a dividend between            How  to  report. You  report  this  type  of  ordinary  loss  on 
the  section  1244  stock  and  the  other  stock.  Only  the       Form 4797, Part II, line 10. In addition to the information 
shares from the former can be section 1244 stock.                   required by the form, you must include the name and ad-
                                                                    dress of the company that issued the stock. If applicable, 
Contributed  property.       To  determine  ordinary  loss  on      also include the reason the stock is worthless and the ap-
section 1244 stock you receive in a trade for property, you         proximate date it became worthless. Report a capital gain 
have to reduce the basis of the stock if:                           from the sale of SBIC stock on Form 8949.
  The adjusted basis (for figuring loss) of the property, 
    immediately before the trade, was more than its fair            Short sale. If you close a short sale of SBIC stock with 
    market value; and                                               other  SBIC  stock  you  bought  only  for  that  purpose,  any 
                                                                    loss  you  have  on  the  sale  is  a  capital  loss.  See Short 
                                                                    Sales, later in this chapter, for more information.

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Holding Period                                                       each date that stock was bought by the bank with the pro-
                                                                     ceeds of available funds.
If you sold or traded investment property, you must deter-
mine your holding period for the property. Your holding pe-          Nontaxable trades.   If you acquire investment property in 
riod  determines  whether  any  capital  gain  or  loss  was  a      a  trade  for  other  investment  property  and  your  basis  for 
short-term or a long-term capital gain or loss.                      the  new  property  is  determined,  in  whole  or  in  part,  by 
                                                                     your basis in the old property, your holding period for the 
Long-term or short-term.  If you hold investment prop-               new property begins on the day following the date you ac-
erty  more  than  1  year,  any  capital  gain  or  loss  is  a      quired the old property.
long-term  capital  gain  or  loss.  If  you  hold  the  property  1 
year or less, any capital gain or loss is a short-term capital       Property received as a gift. If you receive a gift of prop-
gain or loss.                                                        erty and your basis is determined by the donor's adjusted 
To determine how long you held the investment prop-                  basis, your holding period is considered to have started on 
erty, begin counting on the date after the day you acquired          the same day the donor's holding period started.
the property. The day you disposed of the property is part              If your basis is determined by the fair market value of 
of your holding period.                                              the  property,  your  holding  period  starts  on  the  day  after 
                                                                     the date of the gift.
Example.      If you bought investment property on Janu-
ary 31, 2022, and sold it on January 28, 2023, your hold-            Inherited property.  If you inherited property from some-
ing  period  is  not  more  than  1  year  and  you  have  a         one who died before or after 2010, or from someone who 
short-term capital gain or loss. If you sold it on February 6,       died in 2010 and the executor of the decedent’s estate did 
2023,  your  holding  period  is  more  than  1  year  and  you      not elect to file Form 8939, your capital gain or loss on any 
have a long-term capital gain or loss.                               later  disposition  of  that  property  is  treated  as  long-term 
                                                                     gain or loss, regardless of how long you held the property. 
Securities traded on an established market.     For se-              If  you  acquired  the  property  from  someone  who  died  in 
curities  traded  on  an  established  securities  market,  your     2010  and  the  executor  made  the  election  to  file  Form 
holding  period  begins  the  day  after  the  trade  date  you      8939, see Revenue Procedure 2011-41 to determine your 
bought the securities, and ends on the trade date you sold           holding  period.  Revenue  Procedure  2011-41  is  available 
them.                                                                at IRS.gov/irb/2011-35_IRB#RP-2011-41.  For  additional 
                                                                     information on the executor making the election see also 
        Do not confuse the trade date with the settlement 
                                                                     Notice  2011-66,  2011-35  I.R.B.  184,  available  at 
!       date, which is the date by which the stock must be           IRS.gov/irb/2011-35_IRB#NOT-2011-66.
CAUTION delivered and payment must be made.
                                                                     Real  property  bought.   To  figure  how  long  you  have 
Example.      You are a cash method, calendar year tax-              held real property bought under an unconditional contract, 
payer. You sold stock on December 31, 2023. According                begin counting on the day after you received title to it or on 
to the rules of the stock exchange, the sale was closed by           the day after you took possession of it and assumed the 
delivery of the stock and payment of the sale price in Jan-          burdens and privileges of ownership, whichever happened 
uary 2024. You received payment of the sale price on that            first. However, taking delivery or possession of real prop-
same day. Report your gain or loss on your 2023 return,              erty under an option agreement is not enough to start the 
even though you received the payment in 2024. The gain               holding period. The holding period cannot start until there 
or loss is long term or short term depending on whether              is  an  actual  contract  of  sale.  The  holding  period  of  the 
you held the stock more than 1 year. Your holding period             seller cannot end before that time.
ended on December 31.
                                                                     Real property repossessed.   If you sell real property but 
U.S. Treasury notes and bonds.  The holding period of                keep a security interest in it, and then later repossess the 
U.S. Treasury notes and bonds sold at auction on the ba-             property under the terms of the sales contract, your hold-
sis of yield starts the day after the Secretary of the Treas-        ing period for a later sale includes the period you held the 
ury,  through  news  releases,  gives  notification  of  accept-     property before the original sale and the period after the 
ance  to  successful  bidders.  The  holding  period  of  U.S.       repossession.  Your  holding  period  does  not  include  the 
Treasury  notes  and  bonds  sold  through  an  offering  on  a      time between the original sale and the repossession. That 
subscription basis at a specified yield starts the day after         is,  it  does  not  include  the  period  during  which  the  first 
the subscription is submitted.                                       buyer  held  the  property.  However,  the  holding  period  for 
                                                                     any  improvements  made  by  the  first  buyer  begins  at  the 
Automatic  investment  service. In  determining  your                time of repossession.
holding  period  for  shares  bought  by  the  bank  or  other 
agent, full shares are considered bought first and any frac-         Stock  dividends.    The  holding  period  for  stock  you  re-
tional shares are considered bought last. Your holding pe-           ceived as a taxable stock dividend begins on the date of 
riod starts on the day after the bank's purchase date. If a          distribution.
share was bought over more than one purchase date, your                 The  holding  period  for  new  stock  you  received  as  a 
holding  period  for  that  share  is  a  split  holding  period.  A nontaxable stock dividend begins on the same day as the 
part  of  the  share  is  considered  to  have  been  bought  on     holding period of the old stock. This rule also applies to 

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stock acquired in a spin-off, which is a distribution of stock      share was purchased. Therefore, if you sell both the new 
or securities in a controlled corporation.                          shares  and  the  original  shares,  you  might  have  both 
                                                                    short-term and long-term gains and losses.
Nontaxable  stock  rights.   Your  holding  period  for  non-
taxable stock rights includes the holding period of the un-         Example.      On April 3, 2023, you bought a mutual fund 
derlying  stock.  The  holding  period  for  stock  acquired        share for $20. On June 16, 2023, the mutual fund paid a 
through the exercise of stock rights begins on the date the         capital gain distribution of $2 per share, which is taxed as 
right was exercised.                                                a long-term capital gain. On July 14, 2023, you sold the 
                                                                    share for $17.50. If it were not for the capital gain distribu-
Section  1256  contracts.    Gains  or  losses  on  section         tion, your loss would be a short-term loss of $2.50 ($20 − 
1256 contracts open at the end of the year, or terminated           $17.50).  However,  the  part  of  the  loss  that  is  not  more 
during  the  year,  are  treated  as  60%  long  term  and  40%     than the capital gain distribution ($2) must be reported as 
short  term,  regardless  of  how  long  the  contracts  were       a long-term capital loss. The remaining $0.50 of the loss 
held. See Section 1256 Contracts Marked to Market, ear-             can be reported as a short-term capital loss.
lier.
                                                                    Exempt-interest dividends on mutual fund stock.      If 
Option  exercised.   Your  holding  period  for  property  you      you  received  exempt-interest  dividends  on  the  stock,  at 
acquire when you exercise an option begins the day after            least part of your loss is disallowed. You can deduct only 
you exercise the option.                                            the amount of loss that is more than the exempt-interest 
                                                                    dividends. Report the loss as a short-term capital loss. On 
Wash sales.    Your holding period for substantially identi-        Form 8949, Part I, line 1, column (d), increase the sales 
cal stock or securities you acquire in a wash sale includes         price by the amount of exempt-interest dividends, but do 
the period you held the old stock or securities.                    not increase it to more than the cost or other basis shown 
                                                                    in column (e).
Qualified small business stock.  Your holding period for 
stock you acquired in a tax-free rollover of gain from a sale              For  more  information  on  Form  8949  and  Sched-
of  qualified  small  business  stock,  described  later  under     TIP    ule D (Form 1040), see the Instructions for Form 
Gains on Qualified Small Business Stock, includes the pe-                  8949  and  the  Instructions  for  Schedule  D  (Form 
riod you held the old stock.                                        1040).

Commodity futures.   Your holding period for a commod-              Example.      On January 10, 2023, you bought a mutual 
ity  received  in  satisfaction  of  a  commodity  futures  con-    fund share for $40. On February 7, 2023, the mutual fund 
tract, other than a regulated futures contract subject to In-       paid a $5 dividend from tax-exempt interest, which is not 
ternal Revenue Code section 1256, includes your holding             taxable to you. On February 14, 2023, you sold the share 
period for the futures contract if you held the contract as a       for $34. If it were not for the tax-exempt dividend, your loss 
capital asset.                                                      would be $6 ($40 − $34). However, you must increase the 
                                                                    sales price from $34 to $39 (to account for the $5 portion 
Securities  futures  contract.   Your  holding  period  for  a 
                                                                    of the loss that is not deductible). You can deduct only $1 
security received in satisfaction of a securities futures con-
                                                                    as a short-term capital loss.
tract,  other  than  one  that  is  a  section  1256  contract,  in-
cludes your holding period for the futures contract if you          Loss on stock that paid qualified dividends.         Any loss 
held the contract as a capital asset.                               on  the  sale  or  trade  of  stock  must  be  treated  as  a 
Your holding period for a security received in satisfac-            long-term capital loss to the extent you received, from that 
tion of a securities futures contract to sell, other than one       stock, qualified  dividends  (defined  in  chapter  1)  that  are 
that is a section 1256 contract, is determined by the rules         extraordinary  dividends.  This  is  true  regardless  of  how 
that  apply  to  short  sales,  discussed  later  under Short       long you actually held the stock. Generally, an extraordi-
Sales.                                                              nary  dividend  is  a  dividend  that  equals  or  exceeds  10% 
                                                                    (5% in the case of preferred stock) of your adjusted basis 
Loss on mutual fund or REIT stock held 6 months or 
                                                                    in the stock.
less. If you hold stock in a mutual fund (or other regulated 
investment  company)  or  REIT  for  6  months  or  less  and 
then sell it at a loss (other than under a periodic liquidation     Nonbusiness Bad Debts
plan), special rules may apply.
                                                                    If someone owes you money that you cannot collect, you 
Capital  gain  distributions  received.    The  loss  (after        have a bad debt. You may be able to deduct the amount 
reduction for any exempt-interest dividends you received,           owed to you when you figure your tax for the year the debt 
as explained later) is treated as a long-term capital loss up       becomes worthless.
to the total of any capital gain distributions you received 
and your share of any undistributed capital gains. Any re-          There are two kinds of bad debts—business and non-
maining loss is short-term capital loss.                            business.  A  business  bad  debt,  generally,  is  one  that 
                                                                    comes  from  operating  your  trade  or  business  and  is  de-
Reinvested  distributions.   If  your  dividends  and  capital      ductible as a business loss. All other bad debts are non-
gain distributions are reinvested in new shares, the hold-          business bad debts and are deductible as short-term cap-
ing  period  of  each  new  share  begins  the  day  after  that    ital losses.

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Example.       An  architect  made  personal  loans  to  sev-     year had to be filed, or 2 years from the date you paid the 
eral friends who were not clients. She could not collect on       tax,  whichever  is  later.  (Claims  not  due  to  bad  debts  or 
some of these loans. They are deductible only as nonbusi-         worthless securities must generally be filed within 3 years 
ness bad debts because the architect was not in the busi-         from the date a return is filed, or 2 years from the date the 
ness of lending money and the loans do not have any rela-         tax is paid, whichever is later.) For more information about 
tionship to her business.                                         filing a claim, see Pub. 556.

Business bad debts.  For information on business bad              Loan guarantees.    If you guarantee a debt that becomes 
debts of an employee, see Pub. 334, Tax Guide For Small           worthless, you cannot take a bad debt deduction for your 
Business (For Individuals Who Use Schedule C).                    payments  on  the  debt  unless  you  can  show  either  that 
                                                                  your reason for making the guarantee was to protect your 
Deductible nonbusiness bad debts.   To be deductible,             investment or that you entered the guarantee transaction 
nonbusiness  bad  debts  must  be  totally  worthless.  You       with a profit motive. If you make the guarantee as a favor 
cannot deduct a partly worthless nonbusiness debt.                to friends and do not receive any consideration in return, 
Genuine debt required.        A debt must be genuine for          your payments are considered a gift and you cannot take 
you to deduct a loss. A debt is genuine if it arises from a       a deduction.
debtor-creditor relationship based on a valid and enforce-
                                                                  Example  1.    Henry  Lloyd,  an  officer  and  principal 
able  obligation  to  repay  a  fixed  or  determinable  sum  of 
                                                                  shareholder  of  the  Spruce  Corporation,  guaranteed  pay-
money.
                                                                  ment of a bank loan the corporation received. The corpo-
Loan  or  gift.     For  a  bad  debt,  you  must  show  there    ration defaulted on the loan and Henry made full payment. 
was an intention at the time of the transaction to make a         Because Henry guaranteed the loan to protect his invest-
loan and not a gift. If you lend money to a relative or friend    ment  in  the  corporation,  Henry  can  take  a  nonbusiness 
with the understanding that it may not be repaid, it is con-      bad debt deduction.
sidered a gift and not a loan. You cannot take a bad debt 
deduction  for  a  gift.  There  cannot  be  a  bad  debt  unless Example 2.     Milt and Pat are co-workers. Milt, as a fa-
there  is  a  true  creditor-debtor  relationship  between  you   vor to Pat, guarantees a note at their local credit union. Pat 
and the person or organization that owes you the money.           does not pay the note and declares bankruptcy. Milt pays 
When minor children borrow from their parents to pay              off  the  note.  However,  since  Milt  did  not  enter  into  the 
for their basic needs, there is no genuine debt. A bad debt       guarantee agreement to protect an investment or to make 
cannot be deducted for such a loan.                               a profit, Milt cannot take a bad debt deduction.
Basis in bad debt required.   To deduct a bad debt,               Deductible  in  year  paid.   Unless  you  have  rights 
you must have a basis in it—that is, you must have already        against  the  borrower,  discussed  next,  a  payment  you 
included  the  amount  in  your  income  or  loaned  out  your    make on a loan you guaranteed is deductible in the year 
cash. For example, you cannot claim a bad debt deduc-             you make the payment.
tion for court-ordered child support not paid to you by your      Rights against the borrower.     When you make pay-
former spouse. If you are a cash method taxpayer (most            ment on a loan you guaranteed, you may have the right to 
individuals are), you generally cannot take a bad debt de-        take the place of the lender (the right of subrogation). The 
duction  for  unpaid  salaries,  wages,  rents,  fees,  interest, debt  is  then  owed  to  you.  If  you  have  this  right  or  some 
dividends, and similar items.                                     other  right  to  demand  payment  from  the  borrower,  you 
                                                                  cannot  take  a  bad  debt  deduction  until  these  rights  be-
When  deductible.   You  can  take  a  bad  debt  deduction 
                                                                  come totally worthless.
only in the year the debt becomes worthless. You do not 
have to wait until a debt is due to determine whether it is       Debts  owed  by  political  parties. You  cannot  take  a 
worthless.  A  debt  becomes  worthless  when  there  is  no      nonbusiness  bad  debt  deduction  for  any  worthless  debt 
longer any chance that the amount owed will be paid.              owed to you by:
It is not necessary to go to court if you can show that a 
judgment from the court would be uncollectible. You must          A political party;
only show that you have taken reasonable steps to collect         A national, state, or local committee of a political 
the debt. Bankruptcy of your debtor is generally good evi-          party; or
dence of the worthlessness of at least a part of an unse-
cured and unpreferred debt.                                       A committee, association, or organization that either 
                                                                    accepts contributions or spends money to influence 
If your bad debt is the loss of a deposit in a financial in-
                                                                    elections.
stitution, see Deposit in Insolvent or Bankrupt Financial In-
stitution, earlier.                                               Mechanics' and suppliers' liens. Workers and material 
Filing a claim for refund.    If you do not deduct a bad          suppliers may file liens against property because of debts 
debt on your original return for the year it becomes worth-       owed by a builder or contractor. If you pay off the lien to 
less, you can file a claim for a credit or refund due to the      avoid foreclosure and loss of your property, you are enti-
bad debt. To do this, use Form 1040-X to amend your re-           tled to repayment from the builder or contractor. If the debt 
turn for the year the debt became worthless. You must file        is uncollectible, you can take a bad debt deduction.
it within 7 years from the date your original return for that 

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Insolvency of contractor. You can take a bad debt de-            You close the sale. At a later date, you either buy sub-
duction for the amount you deposit with a contractor if the        stantially identical property and deliver it to the lender 
contractor  becomes  insolvent  and  you  are  unable  to  re-     or make delivery out of property you held at the time of 
cover your deposit. If the deposit is for work unrelated to        the sale. Delivery of property borrowed from another 
your trade or business, it is a nonbusiness bad debt de-           lender does not satisfy this requirement.
duction.                                                         You do not realize gain or loss until delivery of property to 
                                                                 close the short sale. You will have a capital gain or loss if 
Secondary liability on home mortgage.         If the buyer of 
                                                                 the property used to close the short sale is a capital asset.
your home assumes your mortgage, you may remain sec-
ondarily liable for repayment of the mortgage loan. If the       The  Instructions  for  Form  1099-B  discuss  when  you 
buyer defaults on the loan and the house is then sold for        should receive a Form 1099-B for short sales. For more in-
less  than  the  amount  outstanding  on  the  mortgage,  you    formation, see the Instructions for Form 1099-B.
may have to make up the difference. You can take a bad 
debt deduction for the amount you pay to satisfy the mort-       Reporting a short sale.  Report any short sale on Form 
gage if you cannot collect it from the buyer.                    8949 in the year it closes. If a short sale closed in 2023 
                                                                 but you did not get a Form 1099-B for it because you en-
Worthless securities. If you own securities that become          tered into it before 2011, report it on a Form 8949 in Part I 
totally worthless, you can take a deduction for a loss, but      or Part II (whichever applies). In column (a), enter (for ex-
not for a bad debt. See   Worthless Securities under What        ample) “100 sh. XYZ Co. — 2010 short sale closed.” Fill in 
Is a Sale or Trade, earlier in this chapter.                     the other columns according to their instructions. Report 
                                                                 the short sale the same way if you received a 2023 Form 
Recovery  of  a  bad  debt.   If  you  deducted  a  bad  debt 
                                                                 1099-B that does not show proceeds (sales price).
and in a later tax year you recover (collect) all or part of it, 
you may have to include the amount you recover in your           Exception if property becomes worthless.                A different 
gross  income.  However,  you  can  exclude  from  gross  in-    rule applies if the property sold short becomes substan-
come the amount recovered up to the amount of the de-            tially worthless. In that case, you must recognize gain as if 
duction that did not reduce your tax in the year deducted.       the  short  sale  were  closed  when  the  property  became 
See Recoveries in Pub. 525.                                      substantially worthless.

How  to  report  bad  debts.  Deduct  nonbusiness  bad           Exception for constructive sales.  Entering into a short 
debts as short-term capital losses on Form 8949.                 sale may cause you to be treated as having made a con-
On  Form  8949,  Part  I,  line  1,  enter  the  name  of  the   structive sale of property. In that case, you will have to rec-
debtor and “bad debt statement attached” in column (a).          ognize gain on the date of the constructive sale. For de-
Enter your basis in the bad debt in column (e) and enter         tails,  see Constructive  Sales  of  Appreciated  Financial 
zero in column (d). Use a separate line for each bad debt.       Positions, earlier.
        Make sure you report your bad debt(s) (and any 
                                                                 Example.    On May 5, 2023, you bought 100 shares of 
!       other  short-term  transactions  for  which  you  did    Baker  Corporation  stock  for  $1,000.  On  September  8, 
CAUTION not  receive  a  Form  1099-B)  on  Form  8949  with 
box C checked.                                                   2023, you sold short 100 shares of similar Baker stock for 
                                                                 $1,600.  You  made  no  other  transactions  involving  Baker 
For  each  bad  debt,  attach  a  statement  to  your  return    stock  for  the  rest  of  2023  and  the  first  30  days  of  2024. 
that contains:                                                   Your short sale is treated as a constructive sale of an ap-
A description of the debt, including the amount, and           preciated financial position because a sale of your Baker 
  the date it became due;                                        stock on the date of the short sale would have resulted in 
                                                                 a gain. You recognize a $600 short-term capital gain from 
The name of the debtor, and any business or family re-         the constructive sale and your new holding period in the 
  lationship between you and the debtor;                         Baker stock begins on September 8.
The efforts you made to collect the debt; and
Why you decided the debt was worthless. For exam-              Short-Term or Long-Term
  ple, you could show that the borrower has declared             Capital Gain or Loss
  bankruptcy, or that legal action to collect would proba-
  bly not result in payment of any part of the debt.             As  a  general  rule,  you  determine  whether  you  have 
                                                                 short-term or long-term capital gain or loss on a short sale 
                                                                 by the amount of time you actually hold the property even-
Short Sales
                                                                 tually delivered to the lender to close the short sale.
A short sale occurs when you agree to sell property you 
                                                                 Example.    Even though you do not own any stock of 
do not own (or own but do not wish to sell). You make this 
                                                                 Ace  Corporation,  you  contract  to  sell  100  shares  of  it, 
type of sale in two steps.
                                                                 which you borrow from your broker. After 13 months, when 
You sell short. You borrow property and deliver it to a        the price of the stock has risen, you buy 100 shares of Ace 
  buyer.                                                         Corporation  stock  and  immediately  deliver  them  to  your 
                                                                 broker to close out the short sale. Your loss is a short-term 

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capital loss because your holding period for the delivered           A dividend, if the ex-dividend date is after the transfer 
property is less than 1 day.                                           of stock for use in a short sale and before the closing 
                                                                       of the short sale.
Special rules.   Special rules may apply to gains and los-
ses from short sales of stocks, securities, and commodity            Payments  in  lieu  of  dividends. If  you  borrow  stock  to 
and securities futures (other than certain straddles) if you         make  a  short  sale,  you  may  have  to  remit  to  the  lender 
held  or  acquired  property  substantially  identical  to  prop-    payments  in  lieu  of  the  dividends  distributed  while  you 
erty that sold short. But if the amount of property you sold         maintain  your  short  position.  You  can  deduct  these  pay-
short is more than the amount of that substantially identi-          ments only if you hold the short sale open at least 46 days 
cal property, the special rules do not apply to the gain or          (more than 1 year in the case of an extraordinary dividend, 
loss on the excess.                                                  as defined later) and you itemize your deductions.
                                                                     You deduct these payments as investment interest on 
 Gains and holding period.    If you held the substan-
                                                                     Schedule A (Form 1040). See    Interest Expenses in chap-
tially identical property for 1 year or less on the date of the 
                                                                     ter 3 for more information.
short  sale,  or  if  you  acquired  the  substantially  identical 
                                                                     If you close the short sale by the 45th day after the date 
property after the short sale and by the date of closing the 
                                                                     of the short sale (1 year or less in the case of an extraordi-
short sale, then:
                                                                     nary dividend), you cannot deduct the payment in lieu of 
   Rule 1. Your gain, if any, when you close the short sale          the dividend you make to the lender. Instead, you must in-
   is a short-term capital gain; and                                 crease the basis of the stock used to close the short sale 
   Rule 2. The holding period of the substantially identi-           by that amount.
   cal property begins on the date of the closing of the             To determine how long a short sale is kept open, do not 
   short sale or on the date of the sale of this property,           include any period during which you hold, have an option 
   whichever comes first.                                            to buy, or are under a contractual obligation to buy sub-
                                                                     stantially identical stock or securities.
 Losses.    If, on the date of the short sale, you held sub-         If your payment is made for a liquidating distribution or 
stantially identical property for more than 1 year, any loss         nontaxable  stock  distribution,  or  if  you  buy  more  shares 
you  realize  on  the  short  sale  is  a  long-term  capital  loss, equal to a stock distribution issued on the borrowed stock 
even if you held the property used to close the sale for 1           during  your  short  position,  you  have  a  capital  expense. 
year or less. Certain losses on short sales of stock or se-          You  must  add  the  payment  to  the  cost  of  the  stock  sold 
curities are also subject to wash sale treatment. For infor-         short.
mation, see Wash Sales, later.
                                                                     Exception.     If you close the short sale within 45 days, 
 Mixed  straddles.  Under  certain  elections,  you  can             the deduction for amounts you pay in lieu of dividends will 
avoid the treatment of loss from a short sale as long term           be  disallowed  only  to  the  extent  the  payments  are  more 
under  the  special  rule.  These  elections  are  for  positions    than the amount you receive as ordinary income from the 
that  are  part  of  a  mixed  straddle.  See Other  elections,      lender of the stock for the use of collateral with the short 
later, for more information about these elections.                   sale. This exception does not apply to payments in place 
                                                                     of extraordinary dividends.
Reporting Substitute Payments
                                                                     Extraordinary dividends.   If the amount of any dividend 
If any broker transferred your securities for use in a short         you  receive  on  a  share  of  preferred  stock  equals  or  ex-
sale or similar transaction and received certain substitute          ceeds 5% (10% in the case of other stock) of the amount 
dividend payments on your behalf while the short sale was            realized on the short sale, the dividend you receive is an 
open, that broker must give you a Form 1099-MISC or a                extraordinary dividend.
similar statement reporting the amount of these payments. 
Form 1099-MISC must be used for those substitute pay-                Wash Sales
ments  totaling  $10  or  more  that  are  known  on  the  pay-
ment's record date to be in lieu of an exempt-interest divi-         You cannot deduct losses from sales or trades of stock or 
dend,  a  capital  gain  dividend,  a  return  of  capital           securities in a wash sale unless the loss was incurred in 
distribution, or a dividend subject to a foreign tax credit, or      the ordinary course of your business as a dealer in stock 
that are in lieu of tax-exempt interest. Do not treat these          or securities.
substitute payments as dividends or interest. Instead, re-
                                                                     A wash sale occurs when you sell or trade stock or se-
port the substitute payments shown on Form 1099-MISC 
                                                                     curities  at  a  loss  and  within  30  days  before  or  after  the 
as “Other income” on Schedule 1 (Form 1040), line 8z.
                                                                     sale you:
Substitute  payment.   A  substitute  payment  means  a              1. Buy substantially identical stock or securities,
payment in lieu of:
                                                                     2. Acquire substantially identical stock or securities in a 
 Tax-exempt interest (including OID) accrued while the               fully taxable trade,
   short sale was open; and
                                                                     3. Acquire a contract or option to buy substantially iden-
                                                                       tical stock or securities, or

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4. Acquire substantially identical stock for your individual     the stocks and securities of the predecessor and succes-
retirement arrangement (IRA) or Roth IRA.                        sor corporations may be substantially identical.
                                                                 Similarly, bonds or preferred stock of a corporation are 
If you sell stock and your spouse or a corporation you con-
                                                                 not  ordinarily  considered  substantially  identical  to  the 
trol  buys  substantially  identical  stock,  you  also  have  a 
                                                                 common stock of the same corporation. However, where 
wash sale.
                                                                 the bonds or preferred stock are convertible into common 
If  your  loss  was  disallowed  because  of  the  wash  sale    stock  of  the  same  corporation,  the  relative  values,  price 
rules, add the disallowed loss to the cost of the new stock      changes,  and  other  circumstances  may  make  these 
or securities (except in (4) above). The result is your basis    bonds or preferred stock and the common stock substan-
in the new stock or securities. This adjustment postpones        tially  identical.  For  example,  preferred  stock  is  substan-
the loss deduction until the disposition of the new stock or     tially identical to the common stock if the preferred stock:
securities. Your holding period for the new stock or securi-     Is convertible into common stock,
ties includes the holding period of the stock or securities 
sold.                                                            Has the same voting rights as the common stock,
                                                                 Is subject to the same dividend restrictions,
Example 1.  You buy 100 shares of X stock for $1,000. 
You sell these shares for $750 and within 30 days from the       Trades at prices that do not vary significantly from the 
sale you buy 100 shares of the same stock for $800. Be-            conversion ratio, and
cause you bought substantially identical stock, you cannot       Is unrestricted as to convertibility.
deduct your loss of $250 on the sale. However, you add 
the disallowed loss of $250 to the cost of the new stock,        More or less stock bought than sold.   If the number of 
$800,  to  obtain  your  basis  in  the  new  stock,  which  is  shares  of  substantially  identical  stock  or  securities  you 
$1,050.                                                          buy within 30 days before or after the sale is either more or 
                                                                 less than the number of shares you sold, you must deter-
Example  2.   You  are  an  employee  of  a  corporation         mine  the  particular  shares  to  which  the  wash  sale  rules 
with an incentive pay plan. Under this plan, you are given       apply. You do this by matching the shares bought with an 
10  shares  of  the  corporation's  stock  as  a  bonus  award.  equal number of the shares sold. Match the shares bought 
You include the fair market value of the stock in your gross     in  the  same  order  that  you  bought  them,  beginning  with 
income as additional pay. You later sell these shares at a       the  first  shares  bought.  The  shares  or  securities  so 
loss. If you receive another bonus award of substantially        matched are subject to the wash sale rules.
identical stock within 30 days of the sale, you cannot de-
duct your loss on the sale.                                      Example  1.   You  bought  100  shares  of  M  stock  on 
                                                                 September 20, 2022, for $5,000. On December 13, 2022, 
Options and futures contracts. The wash sale rules ap-           you  bought  50  shares  of  substantially  identical  stock  for 
ply to losses from sales or trades of contracts and options      $2,750. On December 20, 2022, you bought 25 shares of 
to acquire or sell stock or securities. They do not apply to     substantially  identical  stock  for  $1,125.  On  January  3, 
losses  from  sales  or  trades  of  commodity  futures  con-    2023, you sold for $4,000 the 100 shares you bought in 
tracts  and  foreign  currencies.  See Coordination  of  Loss    September. You have a $1,000 loss on the sale. However, 
Deferral Rules and Wash Sale Rules, later, for information       because  you  bought  75  shares  of  substantially  identical 
about the tax treatment of losses on the disposition of po-      stock within 30 days before the sale, you cannot deduct 
sitions in a straddle.                                           the  loss  ($750)  on  75  shares.  You  can  deduct  the  loss 
                                                                 ($250) on the other 25 shares. The basis of the 50 shares 
Securities futures contract to sell.   Losses from the 
                                                                 bought on December 13, 2022, is increased by two-thirds 
sale, exchange, or termination of a securities futures con-
                                                                 (50 ÷ 75) of the $750 disallowed loss. The new basis of 
tract to sell are generally treated in the same manner as 
                                                                 those shares is $3,250 ($2,750 + $500). The basis of the 
losses from the closing of a short sale, discussed later in 
                                                                 25 shares bought on December 20, 2022, is increased by 
this section under Short sales.
                                                                 the rest of the loss to $1,375 ($1,125 + $250).
Warrants. The wash sale rules apply if you sell com-
mon stock at a loss and, at the same time, buy warrants          Example  2.   You  bought  100  shares  of  M  stock  on 
for common stock of the same corporation. But if you sell        September  16,  2022.  On  January  27,  2023,  you  sold 
warrants  at  a  loss  and,  at  the  same  time,  buy  common   those shares at a $1,000 loss. On each of the 4 days from 
stock in the same corporation, the wash sale rules apply         February  1,  2023,  to  February  4,  2023,  you  bought  50 
only if the warrants and stock are considered substantially      shares of substantially identical stock. You cannot deduct 
identical, as discussed next.                                    your  $1,000  loss.  You  must  add  half  the  disallowed  loss 
                                                                 ($500) to the basis of the 50 shares bought on February 1. 
Substantially identical.    In determining whether stock or      Add the other half ($500) to the basis of the shares bought 
securities are substantially identical, you must consider all    on February 2.
the facts and circumstances in your particular case. Ordi-
narily, stocks or securities of one corporation are not con-     Loss and gain on same day.  Loss from a wash sale of 
sidered substantially identical to stocks or securities of an-   one block of stock or securities cannot be used to reduce 
other  corporation.  However,  they  may  be  substantially      any gains on identical blocks sold the same day.
identical in some cases. For example, in a reorganization, 

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    Example.   During  2017,  you  bought  100  shares  of  X       Nondeductible wash sale loss. If you received a Form 
stock  on  each  of  three  occasions.  You  paid  $158  per        1099-B,  box  1g  will  show  the  amount  of  wash  sale  loss 
share for the first block of 100 shares, $100 per share for         disallowed if:
the second block, and $95 per share for the third block. 
                                                                    The stock or securities sold were covered securities, 
On December 27, 2022, you sold 300 shares of X stock 
                                                                      and
for $125 per share. On January 10, 2023, you bought 250 
shares of identical X stock. You cannot deduct the loss of          The substantially identical stock or securities you 
$33 per share on the first block because within 30 days af-           bought had the same CUSIP numbers as the stock or 
ter the date of sale you bought 250 identical shares of X             securities you sold and were bought in the same ac-
stock. In addition, you cannot reduce the gain realized on            count as the stock or securities you sold.
the  sale  of  the  second  and  third  blocks  of  stock  by  this However,  you  cannot  deduct  a  loss  from  a  wash  sale 
loss.                                                               even if it is not reported on Form 1099-B.

Dealers.  The wash sale rules do not apply to a dealer in           How to report.  Report a wash sale transaction in Part I 
stock or securities if the loss is from a transaction made in       or Part II of Form 8949 with the appropriate box checked. 
the ordinary course of business.                                    Complete all columns. Enter “W” in column (f). Enter as a 
                                                                    positive number in column (g) the amount of the loss not 
Short sales.   The wash sale rules apply to a loss realized 
                                                                    allowed. See the Instructions for Form 8949.
on a short sale if you sell, or enter into another short sale 
of,  substantially  identical  stock  or  securities  within  a  pe-
riod  beginning  30  days  before  the  date  the  short  sale  is  Securities Futures Contracts
complete and ending 30 days after that date.
    For purposes of the wash sale rules, a short sale is con-       A securities futures contract is a contract of sale for future 
sidered complete on the date the short sale is entered into         delivery of a single security or of a narrow-based security 
if:                                                                 index.

  On that date, you own stock or securities identical to          Gain or loss from the contract will generally be treated 
    those sold short (or by that date you enter into a con-         in a manner similar to gain or loss from transactions in the 
    tract or option to acquire that stock or those securi-          underlying security. This means gain or loss from the sale, 
    ties); and                                                      exchange,  or  termination  of  the  contract  will  generally 
  You later deliver the stock or securities to close the          have the same character as gain or loss from transactions 
    short sale.                                                     in the property to which the contract relates. Any capital 
                                                                    gain or loss on a sale, exchange, or termination of a con-
    Otherwise, a short sale is not considered complete until 
                                                                    tract to sell property will be considered short term, regard-
the property is delivered to close the sale.
                                                                    less  of  how  long  you  hold  the  contract.  These  contracts 
    This treatment also applies to losses from the sale, ex-
                                                                    are not section 1256 contracts (unless they are dealer se-
change,  or  termination  of  a  securities  futures  contract  to 
                                                                    curities futures contracts).
sell.

    Example.   On June 4, you buy 100 shares of stock for           Options
$1,000. You sell short 100 shares of the stock for $750 on 
October  15.  On  October  16,  you  buy  100  shares  of  the      Options are generally subject to the rules described in this 
same stock for $750. You close the short sale on Novem-             section. If the option is part of a straddle, the Loss Deferral 
ber  19  by  delivering  the  shares  bought  on  June  4.  You     Rules covered later under   Straddles may also apply. For 
cannot deduct the $250 loss ($1,000 − $750) because the             special  rules  that  apply  to  nonequity  options  and  dealer 
date of entering into the short sale (October 15) is consid-        equity  options,  see Section  1256  Contracts  Marked  to 
ered the date the sale is complete for wash sale purposes           Market, earlier.
and you bought substantially identical stock within 30 days 
from that date.                                                     Gain or loss from the sale or trade of an option to buy or 
                                                                    sell property that is a capital asset in your hands, or would 
Residual  interests  in  a  real  estate  mortgage  invest-         be if you acquired it, is capital gain or loss. If the property 
ment conduit (REMIC). The wash sale rules will gener-               is not or would not be a capital asset, the gain or loss is 
ally apply to the sale of your residual interest in a REMIC         ordinary gain or loss.
if, during the period beginning 6 months before the sale of 
the interest and ending 6 months after that sale, you ac-           Example  1.     You  purchased  an  option  to  buy  100 
quire any residual interest in any REMIC or any interest in         shares  of  XYZ  Company  stock.  The  stock  increases  in 
a taxable mortgage pool that is comparable to a residual            value, and you sell the option for more than you paid for it. 
interest. REMICs are discussed in chapter 1.                        Your gain is capital gain because the stock underlying the 
                                                                    option would have been a capital asset in your hands.

                                                                    Example 2.      The facts are the same as in Example 1, 
                                                                    except the stock decreases in value and you sell the op-
                                                                    tion for less than you paid for it. Your loss is a capital loss.

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Option not exercised.      If you have a loss because you        Holders of puts and calls.  If you buy a put or a call, you 
did not exercise an option to buy or sell, you are consid-       may not deduct its cost. It is a capital expenditure.
ered to have sold or traded the option on the date it ex-        If you sell the put or the call before you exercise it, the 
pired.                                                           difference between its cost and the amount you receive for 
                                                                 it is either a long-term or short-term capital gain or loss, 
Writer of option.    If you write (grant) an option, how you     depending on how long you held it.
report your gain or loss depends on whether it was exer-         If  the  option  expires,  its  cost  is  either  a  long-term  or 
cised.                                                           short-term capital loss, depending on your holding period, 
If you are not in the business of writing options and an         which ends on the expiration date.
option  you  write  on  stocks,  securities,  commodities,  or   If  you  exercise  a  call,  add  its  cost  to  the  basis  of  the 
commodity futures is not exercised (or repurchased), the         stock  you  bought.  If  you  exercise  a  put,  reduce  your 
amount you receive is a short-term capital gain.                 amount realized on the sale of the underlying stock by the 
If an option requiring you to buy or sell property is exer-      cost of the put when figuring your gain or loss. Any gain or 
cised, see Writers of puts and calls, later.                     loss  on  the  sale  of  the  underlying  stock  is  long  term  or 
                                                                 short  term  depending  on  your  holding  period  for  the  un-
Section  1256  contract  options.   Gain  or  loss  is  recog-   derlying stock.
nized on the exercise of an option on a section 1256 con-        Put option as short sale.       Buying a put option is gen-
tract.  Section  1256  contracts  are  defined  under Section    erally treated as a short sale, and the exercise, sale, or ex-
1256 Contracts Marked to Market, earlier.                        piration of the put is a closing of the short sale. See Short 
                                                                 Sales, earlier. If you have held the underlying stock for 1 
Cash  settlement  option.    A  cash  settlement  option  is 
                                                                 year or less at the time you buy the put, any gain on the 
treated as an option to buy or sell property. A cash settle-
                                                                 exercise, sale, or expiration of the put is a short-term capi-
ment option is any option that on exercise is settled in, or 
                                                                 tal gain. The same is true if you buy the underlying stock 
could be settled in, cash or property other than the under-
                                                                 after you buy the put but before its exercise, sale, or expi-
lying property.
                                                                 ration. Your holding period for the underlying stock begins 
How to report. Report on Form 8949 gain or loss from             on the earliest of:
the closing or expiration of an option that is not a section     The date you dispose of the stock,
1256 contract but is a capital asset in your hands. If an op-
tion  you  purchased  expired,  enter  the  expiration  date  in The date you exercise the put,
column (c) and enter “Expired” in column (d). If an option       The date you sell the put, or
that  was  granted  (written)  expired,  enter  the  expiration 
date in column (b) and enter “Expired” in column (e). Fill in    The date the put expires.

the other columns as appropriate.                                Writers of puts and calls.  If you write (grant) a put or a 
If a call option you sold was exercised and the option           call, do not include the amount you receive for writing it in 
premium you received was not reflected in the sales price        your income at the time of receipt. Carry it in a deferred 
shown  on  the  Form  1099-B  you  received,  enter  the  pre-   account until:
mium  as  a  positive  number  in  column  (g)  of  Form  8949 
and enter “E” in column (f).                                     Your obligation expires;
                                                                 You buy, in the case of a put, or sell, in the case of a 
Puts and Calls                                                     call, the underlying stock when the option is exercised; 
                                                                   or
Puts and calls are options on securities and are covered 
by the rules just discussed for options. The following are       You engage in a closing transaction.
specific applications of these rules to holders and writers      If your obligation expires, the amount you received for 
of options that are bought, sold, or “closed out” in transac-    writing the call or put is short-term capital gain.
tions on a national securities exchange, such as the Chi-        If a put you write is exercised and you buy the underly-
cago  Board  Options  Exchange.  (But  see   Section  1256       ing stock, decrease your basis in the stock by the amount 
Contracts Marked to Market, earlier, for special rules that      you received for the put. Your holding period for the stock 
may  apply  to  nonequity  options  and  dealer  equity  op-     begins on the date you buy it, not on the date you wrote 
tions.) These rules are also presented in Table 4-3.             the put.
                                                                 If a call you write is exercised and you sell the underly-
Puts and calls are issued by writers (grantors) to hold-         ing stock, increase your amount realized on the sale of the 
ers for cash premiums. They are ended by exercise, clos-         stock by the amount you received for the call when figur-
ing transaction, or lapse.                                       ing your gain or loss. The gain or loss is long term or short 
                                                                 term depending on your holding period of the stock.
A “put option” is the right to sell to the writer, at any time   If  you  enter  into  a  closing  transaction  by  paying  an 
before a specified future date, a stated number of shares        amount equal to the value of the put or call at the time of 
at a specified price. Conversely, a “call option” is the right   the payment, the difference between the amount you pay 
to buy from the writer of the option, at any time before a       and  the  amount  you  receive  for  the  put  or  call  is  a 
specified future date, a stated number of shares of stock        short-term capital gain or loss.
at a specified price.

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Examples of nondealer transactions.                                          $1,600, and a long-term capital gain of $2,400. See 
                                                                             Section 1256 Contracts Marked to Market, earlier, for 
1. Expiration. Ten JJJ call options were issued on April 
                                                                             more information.
   7, 2023, for $4,000. These equity options expired in 
   December 2023 without being exercised. If you were 
   a holder (buyer) of the options, you would recognize a                    Straddles
   short-term capital loss of $4,000. If you were a writer 
   of the options, you would recognize a short-term capi-                    This section discusses the loss deferral rules that apply to 
   tal gain of $4,000.                                                       the  sale  or  other  disposition  of  positions  in  a  straddle. 
2. Closing transaction. The facts are the same as in                         These rules do not apply to the straddles described under 
   (1), except that on May 5, 2023, the options were sold                    Exceptions, later.
   for $6,000. If you were the holder of the options who                     A straddle is any set of offsetting positions on personal 
   sold them, you would recognize a short-term capital                       property.  For  example,  a  straddle  may  consist  of  a  pur-
   gain of $2,000. If you were the writer of the options                     chased  option  to  buy  and  a  purchased  option  to  sell  on 
   and you bought them back, you would recognize a                           the same number of shares of the security, with the same 
   short-term capital loss of $2,000.                                        exercise price and period.

3. Exercise. The facts are the same as in (1), except                        Personal property.  This is any actively traded property. 
   that the options were exercised on May 19, 2023. The                      It  includes  stock  options  and  contracts  to  buy  stock  but 
   buyer adds the cost of the options to the basis of the                    generally does not include stock.
   stock bought through the exercise of the options. The 
   writer adds the amount received from writing the op-                      Straddle rules for stock.                 Although stock is generally 
   tions to the amount realized from selling the stock to                    excluded from the definition of personal property when ap-
   figure gain or loss. The gain or loss is short term or                    plying the straddle rules, it is included in the following two 
   long term depending upon the holding period of the                        situations.
   stock.
                                                                             1. The stock is of a type that is actively traded, and at 
4. Section 1256 contracts. The facts are the same as                         least one of the offsetting positions is a position on 
   in (1), except the options were nonequity options, sub-                   that stock or substantially similar or related property.
   ject to the rules for section 1256 contracts. If you were 
                                                                             2. The stock is in a corporation formed or availed of to 
   a buyer of the options, you would recognize a 
                                                                             take positions in personal property that offset posi-
   short-term capital loss of $1,600, and a long-term 
                                                                             tions taken by any shareholder.
   capital loss of $2,400. If you were a writer of the op-
   tions, you would recognize a short-term capital gain of 

Table 4-3. Puts and Calls

                                                             Puts
When a put:                         If you are the holder:                                       If you are the writer:
Is exercised                        Reduce your amount realized from the sale of the             Reduce your basis in the stock you buy by the amount 
                                    underlying stock by the cost of the put.                     you received for the put.
Expires                             Report the cost of the put as a capital loss on the date it  Report the amount you received for the put as a 
                                    expires.*                                                    short-term capital gain.
Is sold by the holder               Report the difference between the cost of the put and the    This does not affect you. (But if you buy back the put, 
                                    amount you receive for it as a capital gain or loss.*        report the difference between the amount you pay and 
                                                                                                 the amount you received for the put as a short-term 
                                                                                                 capital gain or loss.)

                                                             Calls
When a call:                        If you are the holder:                                       If you are the writer:
Is exercised                        Add the cost of the call to your basis in the stock          Increase your amount realized on sale of the stock by the 
                                    purchased.                                                   amount you received for the call.
Expires                             Report the cost of the call as a capital loss on the date it Report the amount you received for the call as a 
                                    expires.*                                                    short-term capital gain.
Is sold by the holder               Report the difference between the cost of the call and the   This does not affect you. (But if you buy back the call, 
                                    amount you receive for it as a capital gain or loss.*        report the difference between the amount you pay and 
                                                                                                 the amount you received for the call as a short-term 
                                                                                                 capital gain or loss.)
* See Holders of puts and calls and Writers of puts and calls in the accompanying text to find whether your gain or loss is short term or long term.

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Note.     For  positions  established  before  October  22,          Unused  losses  are  treated  as  sustained  in  the  next  tax 
2004, condition 1 above does not apply. Instead, personal            year.
property includes stock if condition 2 above applies or the 
stock was part of a straddle in which at least one of the            Unrecognized gain.    This is:
offsetting positions was:                                             The amount of gain you would have had on an open 
An option to buy or sell the stock or substantially iden-             position if you had sold it on the last business day of 
  tical stock or securities,                                            the tax year at its fair market value; and
A securities futures contract on the stock or substan-              The amount of gain realized on a position if, as of the 
  tially identical stock or securities, or                              end of the tax year, gain has been realized but not rec-
                                                                        ognized.
A position on substantially similar or related property 
  (other than stock).                                                Example.     On July 7, 2023, you entered into a strad-
                                                                     dle.  On  December  11,  2023,  you  closed  one  position  of 
Position.  A position is an interest in personal property. A         the straddle at a loss of $15,000. On December 30, 2023, 
position can be a forward or futures contract or an option.          the end of your tax year, you have an unrecognized gain of 
An interest in a loan denominated in a foreign currency              $12,750 in the offsetting open position. On your 2023 re-
is treated as a position in that currency. For the straddle          turn,  your  deductible  loss  on  the  position  you  closed  is 
rules,  foreign  currency  for  which  there  is  an  active  inter- limited to $2,250 ($15,000 − $12,750). You must carry for-
bank market is considered to be actively traded personal             ward the unused loss of $12,750.
property. See also Foreign currency contract, earlier.
                                                                     Note.     If you physically settle a position established af-
Offsetting position.  This is a position that substantially          ter October 21, 2004, that is part of a straddle by deliver-
reduces  any  risk  of  loss  you  may  have  from  holding  an-     ing property to which the position relates (and you would 
other position. However, if a position is part of a straddle         realize a loss on that position if you terminated it), you are 
that is not an identified straddle (described later), do not         treated as having terminated the position for its fair market 
treat it as offsetting to a position that is part of an identified   value  immediately  before  the  settlement  and  as  having 
straddle.                                                            sold the property used to physically settle the position at 
Presumed  offsetting  positions.    Two  or  more  posi-             its fair market value.
tions will be presumed to be offsetting if:
                                                                     Exceptions.  The loss deferral rules do not apply to:
The positions are established in the same personal 
  property (or in a contract for this property), and the             1. Positions established after October 21, 2004, com-
  value of one or more positions varies inversely with the              prising an identified straddle;
  value of one or more of the other positions;                       2. Certain straddles consisting of qualified covered call 
The positions are in the same personal property, even                 options and the stock to be purchased under the op-
  if this property is in a substantially changed form, and              tions;
  the positions' values vary inversely as described in the           3. Hedging transactions, described earlier under Section 
  first condition;                                                      1256 Contracts Marked to Market; and
The positions are in debt instruments with a similar               4. Straddles consisting entirely of section 1256 con-
  maturity, and the positions' values vary inversely as                 tracts, as described earlier under Section 1256 Con-
  described in the first condition;                                     tracts Marked to Market (but see Identified straddle, 
The positions are sold or marketed as offsetting posi-                later).
  tions, whether or not the positions are called a strad-
  dle, spread, butterfly, or any similar name; or                    Note.     For  positions  established  before  October  22, 
                                                                     2004, the loss deferral rules also do not apply to a strad-
The aggregate margin requirement for the positions is              dle that is an identified straddle at the end of the tax year.
  lower than the sum of the margin requirements for 
  each position if held separately.                                  Identified straddle.  Any straddle (other than a strad-
                                                                     dle described in (2) or (3) above) is an identified straddle if 
Related  persons.     To  determine  if  two  or  more  posi-        all the following conditions exist.
tions are offsetting, you will be treated as holding any po-
sition  your  spouse  holds  during  the  same  period.  If  you      You clearly identified the straddle on your records be-
take into account part or all of the gain or loss for a posi-           fore the close of the day on which you acquired it.
tion held by a flow-through entity, such as a partnership or          For straddles acquired after December 29, 2007, you 
trust, you are also considered to hold that position.                   identified the positions in the straddle that are offset-
                                                                        ting with respect to one another (for example, position 
Loss Deferral Rules                                                     A offsets position D, and position B offsets position C).
                                                                      The straddle is not part of a larger straddle.
Generally, you can deduct a loss on the disposition of one 
or more positions only to the extent the loss is more than           If there is a loss from any position in an identified strad-
any  unrecognized  gain  you  have  on  offsetting  positions.       dle, you must increase the basis of each of the positions 

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that offset the loss position in the identified straddle. The           A qualified covered call option is any option you grant to 
increase is the loss multiplied by the following fraction:              purchase stock you hold (or stock you acquire in connec-
                                                                        tion with granting the option), but only if all the following 
   Unrecognized gain (if any) on the offsetting position                are true.
   The total unrecognized gain on all positions that offset             The option is traded on a national securities exchange 
         the loss position in the identified straddle                     or other market approved by the Secretary of the 
                                                                          Treasury.
For this purpose, your unrecognized gain is the excess 
of  the  fair  market  value  of  the  position  that  is  part  of  an The option is granted more than 30 days before its ex-
identified straddle at the time you incur a loss on another               piration date.
position  in  the  identified  straddle,  over  the  fair  market             For covered call options entered into after July 28, 
value of that position when you identified it as a position in            2002, the option is granted not more than 12 months 
the straddle.                                                             before  its  expiration  date  or  satisfies  term  limitation 
If the application of the above rule does not result in the               and  qualified  benchmark  requirements  published  in 
increase in basis of any offsetting position in the identified            the Internal Revenue Bulletin.
straddle, you must increase the basis of each of the offset-            The option is not a deep-in-the-money option.
ting positions in the straddle in a manner that:
                                                                        You are not an options dealer who granted the option 
 Is reasonable,                                                         in connection with your activity of dealing in options.
 Is consistently applied by you,                                      Gain or loss on the option is capital gain or loss.
 Is consistent with the purposes of the identified strad-             A  deep-in-the-money  option  is  an  option  with  a  strike 
   dle rules, and                                                       price  lower  than  the  lowest  qualified  benchmark  (LQB). 
                                                                        The strike price is the price at which the option is to be ex-
 Results in a total increase in the basis of those offset-
                                                                        ercised. Strike prices are listed in the financial sections of 
   ting positions equal to the loss.
                                                                        many newspapers. The LQB is the highest available strike 
If you adopt an allocation method under this rule, you                  price that is less than the applicable stock price. However, 
must describe that method in your books and records.                    the LQB for an option with a term of more than 90 days 
The identified straddle rules also apply to positions that              and a strike price of more than $50 is the second-highest 
are or have been a liability or obligation to you (for exam-            available strike price that is less than the applicable stock 
ple, a debt obligation you issued, a written option, or a no-           price.
tional principal contract you entered into).                            The  availability  of  strike  prices  for  equity  options  with 
Neither you nor anyone else can take into account any                   flexible terms does not affect the determination of the LQB 
loss on a position that is part of an identified straddle to            for  an  option  that  is  not  an  equity  option  with  flexible 
the  extent  the  loss  increases  the  basis  of  any  positions       terms.
that offset the loss position in the identified straddle.               The  applicable  stock  price  for  any  stock  for  which  an 
                                                                        option has been granted is:
Note.    For  positions  established  before  October  22, 
2004, identified straddles have to meet two additional con-             1. The closing price of the stock on the most recent day 
ditions.                                                                  on which that stock was traded before the date on 
                                                                          which the option was granted; or
1. All the original positions that you identify were ac-
   quired on the same day.                                              2. The opening price of the stock on the day on which 
                                                                          the option was granted, but only if that price is greater 
2. All the positions included in condition 1 were dis-                    than 110% of the price determined in (1).
   posed of on the same day during the tax year, or none 
   of the positions were disposed of by the end of the tax              If the applicable stock price is $25 or less, the LQB will 
   year.                                                                be  treated  as  not  less  than  85%  of  the  applicable  stock 
                                                                        price. If the applicable stock price is $150 or less, the LQB 
Also, the losses from positions are deferred until you dis-             will be treated as not less than an amount that is $10 be-
pose  of  all  the  positions  in  the  straddle.  The  rule  dis-      low the applicable stock price.
cussed above for increasing the basis of each of the posi-
tions does not apply.                                                   Example.   On May 12, 2023, you held XYZ stock and 
Qualified covered call options and optioned stock.                      you wrote an XYZ/September call option with a strike price 
A straddle is not subject to the loss deferral rules for strad-         of $120. The closing price of one share of XYZ stock on 
dles if both of the following are true.                                 May 11, 2023, was $130.25. The strike prices of all XYZ/
                                                                        September call options offered on May 12, 2023, were as 
 All the offsetting positions consist of one or more                  follows:  $110,  $115,  $120,  $125,  $130,  and  $135.  Be-
   qualified covered call options and the stock to be pur-              cause  the  option  has  a  term  of  more  than  90  days,  the 
   chased from you under the options.                                   LQB is $125, the second-highest strike price that is less 
 The straddle is not part of a larger straddle.                       than $130.25, the applicable stock price. The call option is 
                                                                        a  deep-in-the-money  option  because  its  strike  price  is 
But see Special year-end rule, later, for an exception.                 lower  than  the  LQB.  As  a  result,  the  option  is  not  a 
                                                                        qualified  covered  call  option,  and  the  loss  deferral  rules 

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apply  if  you  closed  out  the  option  or  the  stock  at  a  loss  Example.  You are not a dealer in stock or securities. 
during the year.                                                       On December 1, 2023, you bought stock in XX Corpora-
                                                                       tion (XX stock) and an offsetting put option. On December 
Capital  loss  on  qualified  covered  call  options.   If 
                                                                       8, 2023, there was $20 of unrealized gain in the put option 
you hold stock and you write a qualified covered call op-
                                                                       and you sold the XX stock at a $20 loss. By December 15, 
tion on that stock with a strike price less than the applica-
                                                                       2023, the value of the put option had declined, eliminating 
ble stock price, treat any loss from the option as long-term 
                                                                       all unrealized gain in the position. On December 15, you 
capital loss if, at the time the loss was realized, gain on the 
                                                                       bought  a  second  XX  stock  position  that  is  substantially 
sale  or  exchange  of  the  stock  would  be  treated  as 
                                                                       identical to the XX stock you sold on December 8. At the 
long-term  capital  gain.  The  holding  period  of  the  stock 
                                                                       end of the year, there is no unrecognized gain in the put 
does  not  include  any  period  during  which  you  are  the 
                                                                       option or in the XX stock. Under these circumstances, the 
writer of the option.
                                                                       $20  loss  will  be  disallowed  for  2023  under  Rule  1  be-
Special  year-end  rule.   The  loss  deferral  rules  for             cause, within a period beginning 30 days before Decem-
straddles apply if all the following are true.                         ber 8 and ending 30 days after that date, you bought stock 
                                                                       substantially identical to the XX stock you sold.
The qualified covered call options are closed, or the 
  stock is disposed of at a loss during any tax year.                  Rule 2.  You cannot deduct a loss on the disposition of 
Gain on disposition of the stock or gain on the options              less than all the positions of a straddle (your loss position) 
  is includible in gross income in a later tax year.                   to the extent that any unrecognized gain at the close of the 
                                                                       tax year in one or more of the following positions is more 
The stock or options were held less than 30 days after 
                                                                       than any loss disallowed under Rule 1.
  the closing of the options or the disposition of the 
  stock.                                                               Successor positions.
                                                                       Offsetting positions to the loss position.
How To Report Gains
                                                                       Offsetting positions to any successor position.
and Losses (Form 6781)
                                                                       Successor position.   A successor position is a posi-
As a general rule, report each position (whether or not it is          tion that is or was at any time offsetting to a second posi-
part of a straddle) on which you have unrecognized gain at             tion if both the following conditions are met.
the end of the tax year and the amount of this unrecog-
nized  gain  in  Part  III  of  Form  6781.  Use  Part  II  of  Form   The second position was offsetting to the loss position 
6781 to figure your gains and losses on straddles. See the               that was sold.
Form 6781 instructions for how to report these gains and               The successor position is entered into during a period 
losses.                                                                  beginning 30 days before and ending 30 days after the 
                                                                         sale of the loss position.
Coordination of Loss Deferral Rules and 
                                                                       Example 1.  On November 3, 2023, you entered into 
Wash Sale Rules
                                                                       offsetting  long  and  short  positions  in  non-section  1256 
Rules similar to the wash sale rules apply to any disposi-             contracts.  On  November  10,  2023,  you  disposed  of  the 
tion  of  a  position  or  positions  of  a  straddle.  First  apply   long position at a $10 loss. On November 17, 2023, you 
Rule 1, explained next, then apply Rule 2. However, Rule               entered into a new long position (successor position) that 
1  applies  only  if  stocks  or  securities  make  up  a  position    is offsetting to the retained short position, but not substan-
that  is  part  of  the  straddle.  If  a  position  in  the  straddle tially identical to the long position disposed of on Novem-
does not include stock or securities, use Rule 2.                      ber 10. You held both positions through year end, at which 
                                                                       time there was $10 of unrecognized gain in the successor 
Rule 1.  You cannot deduct a loss on the disposition of                long  position  and  no  unrecognized  gain  in  the  offsetting 
shares of stock or securities that make up the positions of            short position. Under these circumstances, the entire $10 
a straddle if, within a period beginning 30 days before the            loss will be disallowed for 2023 because there is $10 of 
date of that disposition and ending 30 days after that date,           unrecognized gain in the successor long position.
you acquired substantially identical stock or securities. In-
stead,  the  loss  will  be  carried  over  to  the  following  tax    Example 2.  The facts are the same as in Example 1, 
year,  subject  to  any  further  application  of  Rule  1  in  that   except that at year end you have $4 of unrecognized gain 
year. This rule will also apply if you entered into a contract         in  the  successor  long  position  and  $6  of  unrecognized 
or option to acquire the stock or securities within the time           gain in the offsetting short position. Under these circum-
period  described  above.  See Loss  carryover,  later,  for           stances, the entire $10 loss will be disallowed for 2023 be-
more information about how to treat the loss in the follow-            cause there is a total of $10 of unrecognized gain in the 
ing tax year.                                                          successor long position and offsetting short position.

Dealers.      If you are a dealer in stock or securities, this         Example 3.  The facts are the same as in Example 1, 
loss treatment will not apply to any losses you sustained in           except that at year end you have $8 of unrecognized gain 
the ordinary course of your business.                                  in  the  successor  long  position  and  $8  of  unrecognized 
                                                                       loss  in  the  offsetting  short  position.  Under  these 

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circumstances, $8 of the total $10 realized loss will be dis-       Example.  On March 10, 2022, you acquired gold. On 
allowed for 2023 because there is $8 of unrecognized gain          January 10, 2023, you entered into an offsetting short gold 
in the successor long position.                                    forward contract (nonregulated futures contract). On April 
                                                                   3, 2023, you disposed of the short gold forward contract at 
Loss carryover.  If you have a disallowed loss that resul-         no gain or loss. On April 13, 2023, you sold the gold at a 
ted  from  applying  Rule  1  and  Rule  2,  you  must  carry  it  gain. Because the gold had been held for 1 year or less 
over to the next tax year and apply Rule 1 and Rule 2 to           before  the  offsetting  short  position  was  entered  into,  the 
that carryover loss. For example, a loss disallowed in 2022        holding  period  for  the  gold  begins  on  April  3,  2023,  the 
under Rule 1 will not be allowed in 2023, unless the sub-          date the straddle ended. Gain recognized on the sale of 
stantially  identical  stock  or  securities  (which  caused  the  the gold will be treated as short-term capital gain.
loss  to  be  disallowed  in  2022)  were  disposed  of  during 
2023. In addition, the carryover loss will not be allowed in       Loss  treatment.    Treat  the  loss  on  the  sale  of  one  or 
2023 if Rule 1 or Rule 2 disallows it.                             more  positions  (the  loss  position)  of  a  straddle  as  a 
                                                                   long-term capital loss if both the following are true.
Example.      The facts are the same as in the example 
under  Rule 1. On December 29, 2024, you sell the second           You held (directly or indirectly) one or more offsetting 
XX stock at a $20 loss and there is $40 of unrecognized              positions to the loss position on the date you entered 
gain  in  the  put  option.  Under  these  circumstances,  you       into the loss position.
cannot  deduct  in  2024  either  the  $20  loss  disallowed  in   You would have treated all gain or loss on one or more 
2023 or the $20 loss you incurred for the December 29,               of the straddle positions as long-term capital gain or 
2024,  sale  of  XX  stock.  Rule  1  does  not  apply  because      loss if you had sold these positions on the day you en-
the  substantially  identical  XX  stock  was  sold  during  the     tered into the loss position.
year and no substantially identical stock or securities were 
bought  within  the  61-day  period.  However,  Rule  2  does       Mixed straddles.   Special rules apply to a loss position 
apply because there is $40 of unrecognized gain in the put         that is part of a mixed straddle and that is a non-section 
option, an offsetting position to the loss positions.              1256 position. A mixed straddle is a straddle:
Capital  loss  carryover. If  the  sale  of  a  loss  position     That is not part of a larger straddle,
would have resulted in a capital loss, you treat the carry-        In which all positions are held as capital assets,
over loss as a capital loss on the date it is allowed, even if       In which at least one (but not all) of the positions is a 
                                                                   
you  would  treat  the  gain  or  loss  on  any  successor  posi-    section 1256 contract, and
tions as ordinary income or loss. Likewise, if the sale of a 
loss position (in the case of section 1256 contracts) would        For which the mixed straddle election (Election A, dis-
have resulted in a 60% long-term capital loss and a 40%              cussed later) has not been made.
short-term capital loss, you treat the carryover loss under        Treat  the  loss  as  60%  long-term  capital  loss  and  40% 
the 60/40 rule, even if you would treat any gain or loss on        short-term capital loss if all the following conditions apply.
any successor positions as 100% long-term or short-term 
capital gain or loss.                                              Gain or loss from the sale of one or more of the strad-
                                                                     dle positions that are section 1256 contracts would be 
Exceptions.   The  rules  for  coordinating  straddle  losses        considered gain or loss from the sale or exchange of a 
and  wash  sales  do  not  apply  to  the  following  loss  situa-   capital asset.
tions.                                                             The sale of no position in the straddle, other than a 
 Loss on the sale of one or more positions in a hedging            section 1256 contract, would result in a long-term cap-
   transaction. (Hedging transactions are described un-              ital gain or loss.
   der Section 1256 Contracts Marked to Market, earlier.)          You have not made a straddle-by-straddle identifica-
 Loss on the sale of a loss position in a mixed straddle           tion election (Election B) or mixed straddle account 
   account. (See Mixed straddle account (Election C),                election (Election C), both discussed later.
   later.)
                                                                    Example.  On March 3, 2023, you entered into a long 
 Loss on the sale of a position that is part of a straddle       gold forward contract. On July 14, 2023, you entered into 
   consisting only of section 1256 contracts.                      an offsetting short gold regulated futures contract. You did 
                                                                   not make an election to offset gains and losses from posi-
Holding Period and                                                 tions  in  a  mixed  straddle.  On  August  4,  2023,  you  dis-
Loss Treatment Rules                                               posed of the long forward contract at a loss. Because the 
                                                                   gold forward contract was part of a mixed straddle and the 
The holding period of a position in a straddle generally be-       disposition of this non-section 1256 position would not re-
gins no earlier than the date on which the straddle ends           sult in long-term capital loss, the loss recognized on the 
(the date you no longer hold an offsetting position). This         termination of the gold forward contract will be treated as 
rule does not apply to any position you held more than 1           a 60% long-term and 40% short-term capital loss.
year before you established the straddle. But see     Excep-
tions, later.

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Exceptions.  The special  holding  period  and  loss  treat-        Straddle-by-straddle  identification  election  (Elec-
ment  for  straddle  positions  does  not  apply  to  positions     tion  B). Under  this  election,  you  must  clearly  identify 
that:                                                               each position that is part of the identified mixed straddle 
                                                                    by the earlier of:
Constitute part of a hedging transaction;
Are included in a straddle consisting only of section             The close of the day the identified mixed straddle is 
                                                                      established, or
  1256 contracts; or
Are included in a mixed straddle account (Election C),            The time the position is disposed of.
  discussed later.                                                  If you dispose of a position in the mixed straddle before 
                                                                    the  end  of  the  day  on  which  the  straddle  is  established, 
Mixed Straddle Elections                                            this identification must be made by the time you dispose 
                                                                    of the position. You are presumed to have properly identi-
If you disposed of a position in a mixed straddle and make          fied a mixed straddle if independent verification is used.
one  of  the  elections  described  in  the  following  discus-     If you make this election, any positions you held on the 
sions, report your gain or loss as indicated in those dis-          day before the election are deemed sold for their fair mar-
cussions. If you do not make any of the elections, report           ket value at the close of the last business day before the 
your gain or loss in Part II of Form 6781. If you disposed of       day of the election. For elections made on or before Au-
the section 1256 component of the straddle, enter the rec-          gust 18, 2014, take this gain or loss into account when fig-
ognized  loss  (line  10,  column  (h))  or  your  gain  (line  12, uring taxable income for the year in which the election was 
column (f)) in Part I of Form 6781, on line 1. Do not include       made. For elections made after August 18, 2014, take this 
it on line 11 or 13 (Part II).                                      gain or loss into account in the year you would have repor-
                                                                    ted the gain or loss if the identified mixed straddle had not 
Mixed straddle election (Election A). You can elect out             been established. In addition, when the gain or loss that 
of  the  marked-to-market  rules,  discussed  under Section         accrued prior to the time the identified mixed straddle was 
1256  Contracts  Marked  to  Market,  earlier,  for  all  section   established  is  taken  into  account,  it  will  have  the  same 
1256 contracts that are part of a mixed straddle. Instead,          character it would have had if the identified mixed straddle 
the  gain  and  loss  rules  for  straddles  will  apply  to  these had  not  been  established.  See  Regulations  section 
contracts. However, if you make this election for an option         1.1092(b)-6 for details.
on a section 1256 contract, the gain or loss treatment dis-         The basic tax treatment of gain or loss under this elec-
cussed earlier under Options will apply, subject to the gain        tion depends on which side of the straddle produced the 
and loss rules for straddles.                                       total net gain or loss. If the net gain or loss from the strad-
You can make this election if:                                      dle  is  due  to  the  section  1256  contracts,  gain  or  loss  is 
                                                                    treated  as  60%  long-term  capital  gain  or  loss  and  40% 
At least one (but not all) of the positions is a section 
                                                                    short-term capital gain or loss. Enter the net gain or loss in 
  1256 contract, and
                                                                    Part I of Form 6781 and identify the election by checking 
Each position forming part of the straddle is clearly             box B.
  identified as being part of that straddle on the day the          If the net gain or loss is due to the non-section 1256 po-
  first section 1256 contract forming part of the straddle          sitions, gain or loss is short-term capital gain or loss. See 
  is acquired.                                                      the Form 6781 instructions for how to report the net gain 
If you make this election, it will apply for all later years        or loss.
as  well.  It  cannot  be  revoked  without  the  consent  of  the  For the specific application of the rules of this election, 
IRS. If you made this election, check box A of Form 6781.           see Regulations sections 1.1092(b)-3T and 1.1092(b)-6.
Do not report the section 1256 component in Part I.
                                                                    Example 1.        Straddle established on or before August 
Other elections.  You can avoid the 60% long-term capi-             18, 2014. On April 2, 2014, you entered into a non-section 
tal loss treatment required for a non-section 1256 loss po-         1256 position and an offsetting section 1256 contract. You 
sition that is part of a mixed straddle, described earlier, if      also made a valid election to treat this straddle as an iden-
you choose either of the two following elections to offset          tified  mixed  straddle.  On  April  9,  2014,  you  disposed  of 
gains and losses for these positions.                               the non-section 1256 position at a $600 loss and the sec-
                                                                    tion 1256 contract at an $800 gain. Under these circum-
Election B. Make a separate identification of the posi-           stances, the $600 loss on the non-section 1256 position 
  tions of each mixed straddle for which you are electing           was offset against the $800 gain on the section 1256 con-
  this treatment (the straddle-by-straddle identification           tract. The net gain of $200 from the straddle was treated 
  method).                                                          as 60% long-term capital gain and 40% short-term capital 
Election C. Establish a mixed straddle account for a              gain because it was due to the section 1256 contract.
  class of activities for which gains and losses will be 
  recognized and offset on a periodic basis.                        Example  2.       Straddle  established  after  August  18, 
                                                                    2014. On December 2, 2022, you entered into a non-sec-
These two elections are alternatives to the mixed straddle          tion 1256 position for $100. At the end of the day on Janu-
election. You can choose only one of the three elections.           ary 24, 2023, the position had a value of $500. On Janu-
Use Form 6781 to indicate your election choice by check-            ary 25, 2023, you entered into an offsetting section 1256 
ing box A, B, or C, whichever applies.

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position. You elected to treat the straddle as an identified       immediately preceding tax year, or file it within 60 days, if 
mixed straddle.                                                    that  applies.  Report  the  annual  account  net  gain  or  loss 
On February 10, 2023, you closed out the section 1256              from a mixed straddle account in Part II of Form 6781. In 
contract at a $500 loss and disposed of the non-section            addition, you must attach a statement to Form 6781 spe-
1256 position for $975. Prior to entering into the identified      cifically  designating  the  class  of  activities  for  which  a 
mixed  straddle,  you  had  a  $400  unrealized  short-term        mixed straddle account is established.
capital gain on the non-section 1256 position. When you            For the specific application of the rules of this election, 
disposed  of  the  non-section  1256  position  on  February       see Regulations section 1.1092(b)-4T.
10, 2023, you recognized the $400 gain. This gain is fig-
                                                                   Interest expense and carrying charges relating to 
ured  as  though  you  had  disposed  of  the  position  on  the 
                                                                   mixed straddle account positions.     You cannot deduct 
day prior to establishing the identified mixed straddle.
                                                                   interest and carrying charges that are allocable to any po-
You also realized a gain of $475 ($975 proceeds – $500 
                                                                   sitions  held  in  a  mixed  straddle  account.  Treat  these 
value  before  entering  into  the  identified  mixed  straddle). 
                                                                   charges as an adjustment to the annual account net gain 
This gain is offset by the $500 loss on the section 1256 
                                                                   or loss and allocate them proportionately between the net 
contract for a net loss of $25. This net loss is recognized 
                                                                   short-term and the net long-term capital gains or losses.
and  treated  as  60%  long-term  capital  loss  and  40% 
                                                                   To find the amount of interest and carrying charges that 
short-term  capital  loss  attributable  to  the  section  1256 
                                                                   is not deductible and that must be added to the annual ac-
contract.
                                                                   count net gain or loss, apply the rules described earlier to 
Mixed straddle account (Election C).        You may elect          the positions held in the mixed straddle account. See In-
to  establish  one  or  more  accounts  for  determining  gains    terest expense and carrying charges on straddles       in chap-
and losses from all positions in a mixed straddle. You must        ter 3.
establish a separate mixed straddle account for each sep-          For  special  rules  on  the  deferral  of  gain  related  to  a 
arate designated class of activities.                              straddle where the gain is invested in a Qualified Opportu-
Generally, you must determine gain or loss for each po-            nity Fund, see section 1400Z-2 for more details.
sition in a mixed straddle account as of the close of each 
business  day  of  the  tax  year.  You  offset  the  net  section Sales of Stock to Employee Stock 
1256 contracts against the net non-section 1256 positions 
to determine the “daily account net gain or loss.”                 Ownership Plans (ESOPs) or Certain
If the daily account amount is due to non-section 1256             Cooperatives
positions, the amount is treated as short-term capital gain 
or loss. If the daily account amount is due to section 1256        If you sold qualified securities held for at least 3 years to 
contracts,  the  amount  is  treated  as  60%  long-term  and      an ESOP or eligible worker-owned cooperative, you may 
40% short-term capital gain or loss.                               be able to elect to postpone all or part of the gain on the 
On the last business day of the tax year, you determine            sale if you bought qualified replacement property (certain 
the “annual account net gain or loss” for each account by          securities)  within  the  period  that  began  3  months  before 
netting the daily account amounts for that account for the         the sale and ended 12 months after the sale. If you make 
tax year. The “total annual account net gain or loss” is de-       the election, you must recognize gain on the sale only to 
termined  by  netting  the  annual  account  amounts  for  all     the extent the proceeds from the sale exceed the cost of 
mixed straddle accounts that you had established.                  the qualified replacement property.
The  net  amounts  keep  their  long-term  or  short-term          You must reduce the basis of the replacement property 
classification. However, no more than 50% of the total an-         by any postponed gain. If you dispose of any replacement 
nual account net gain for the tax year can be treated as           property, you may have to recognize all of the postponed 
long-term  capital  gain.  Any  remaining  gain  is  treated  as   gain.
short-term capital gain. Also, no more than 40% of the to-
tal annual account net loss can be treated as short-term           Generally, to qualify for the election, the ESOP or coop-
capital  loss.  Any  remaining  loss  is  treated  as  long-term   erative must own at least 30% of the outstanding stock of 
capital loss.                                                      the  corporation  that  issued  the  qualified  securities.  Also, 
The  election  to  establish  one  or  more  mixed  straddle       the qualified replacement property must have been issued 
accounts for each tax year must be made by the due date            by a domestic operating corporation.
(without extensions) of your income tax return for the im-
                                                                   How to make the election.     You must make the election 
mediately preceding tax year. If you begin trading in a new 
                                                                   no later than the due date (including extensions) for filing 
class  of  activities  during  a  tax  year,  you  must  make  the 
                                                                   your tax return for the year in which you sold the stock. If 
election for the new class of activities by the later of either:
                                                                   your original return was filed on time, you may make the 
 The due date of your return for the immediately pre-            election on an amended return filed no later than 6 months 
   ceding tax year (without extensions), or                        after  the  due  date  of  your  return  (excluding  extensions). 
 60 days after you entered into the first mixed straddle         Enter “Filed pursuant to section 301.9100-2” at the top of 
   in the new class of activities.                                 the  amended  return  and  file  it  at  the  same  address  you 
                                                                   used for your original return.
You make the election on Form 6781 by checking box 
C.  Attach  Form  6781  to  your  income  tax  return  for  the 

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How to report and postpone gain.           Report the sale          business stock. You may qualify for a tax-free rollover of all 
in Part II of Form 8949 as you would if you were not mak-           or part of the gain. You may be able to exclude gain from 
ing  the  election.  Then  enter  “R”  in  column  (f).  Enter  the your income.
amount  of  the  postponed  gain  as  a  negative  number  in 
column  (g).  Put  it  in  parentheses  to  show  it  is  negative. Qualified  small  business  stock.     This  is  stock  that 
Complete all remaining columns. If the actual postponed             meets all the following tests.
gain is different from the amount you report, file an amen-         1. It must be stock in a C corporation.
ded return.
                                                                    2. It must have been originally issued after August 10, 
        Report  your  sales  of  stock  to  ESOPs  or  certain        1993.
!       cooperatives  on  Form  8949  with  the  correct  box 
CAUTION checked  for  these  transactions.  See  Form  8949         3. The corporation must have total gross assets of $50 
and the Instructions for Form 8949.                                   million or less at all times after August 9, 1993, and 
                                                                      before it issued the stock. Its total gross assets imme-
Also attach the following statements.
                                                                      diately after it issued the stock must also be $50 mil-
1. A “statement of election” that indicates you are mak-              lion or less.
ing an election under section 1042(a) of the Internal                 When figuring the corporation's total gross assets, 
Revenue Code and that includes the following infor-                   you must also count the assets of any predecessor of 
mation.                                                               the corporation. In addition, you must treat all corpora-
                                                                      tions that are members of the same parent-subsidiary 
a. A description of the securities sold, including the 
                                                                      controlled group as one corporation.
        type and number of shares, the date of the sale, 
        the amount realized on the sale, and the adjusted           4. You must have acquired the stock at its original issue, 
        basis of the securities.                                      directly or through an underwriter, in exchange for 
                                                                      money or other property (not including stock), or as 
b. The name of the ESOP or cooperative to which 
                                                                      pay for services provided to the corporation (other 
        the qualified securities were sold.
                                                                      than services performed as an underwriter of the 
c. For a sale that was part of a single interrelated                  stock). In certain cases, your stock may also meet this 
        transaction under a prearranged agreement be-                 test if you acquired it from another person who met 
        tween taxpayers involving other sales of qualified            this test, or through a conversion or trade of qualified 
        securities, the names and identifying numbers of              small business stock that you held.
        the other taxpayers under the agreement and the 
                                                                    5. The corporation must have met the active business 
        number of shares sold by the other taxpayers.
                                                                      test, defined next, and must have been a C corpora-
2. A notarized “statement of purchase” describing the                 tion during substantially all the time you held the 
qualified replacement property, date of purchase, and                 stock.
the cost of the property and declaring the property to 
                                                                    6. Within the period beginning 2 years before and end-
be qualified replacement property for the qualified 
                                                                      ing 2 years after the stock was issued, the corporation 
stock you sold. The statement must have been nota-
                                                                      cannot have bought more than a de minimis amount 
rized no later than 30 days after the purchase. If you 
                                                                      of its stock from you or a related party.
have not yet purchased the qualified replacement 
property, you must attach the notarized “statement of               7. Within the period beginning 1 year before and ending 
purchase” to your income tax return for the year fol-                 1 year after the stock was issued, the corporation can-
lowing the election year (or the election will not be                 not have bought more than a de minimis amount of its 
valid).                                                               stock from anyone, unless the total value of the stock 
                                                                      it bought is 5% or less of the total value of all its stock.
3. A verified written statement of the domestic corpora-
tion whose employees are covered by the ESOP ac-                    For more information about tests 6 and 7, see the regula-
quiring the securities, or of any authorized officer of             tions under section 1202 of the Internal Revenue Code.
the cooperative, consenting to the taxes under sec-
tions 4978 and 4979A of the Internal Revenue Code                   Active business test.  A corporation meets this test for 
on certain dispositions, and prohibited allocations of              any period of time if, during that period, both the following 
the stock purchased by the ESOP or cooperative.                     are true.
                                                                    It was an eligible corporation, defined below.
More information.  For details, see section 1042 of the 
Internal  Revenue  Code  and  Regulations  section                  It used at least 80% (by value) of its assets in the ac-
1.1042-1T.                                                            tive conduct of at least one qualified trade or business, 
                                                                      defined below.
Gains on Qualified                                                  Exception  for  Specialized  Small  Business  Invest-
Small Business Stock                                                ment Company (SSBIC).  Any SSBIC is treated as meet-
                                                                    ing the active business test. An SSBIC is an eligible cor-
This section discusses two provisions of the law that may           poration  licensed  to  operate  under  section  301(d)  of  the 
apply  to  gain  from  the  sale  or  trade  of  qualified  small 

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Small  Business  Investment  Act  of  1958,  as  in  effect  on    The replacement stock continues to meet the active 
May 13, 1993.                                                        business requirement for small business stock for at 
                                                                     least the first 6 months after you buy it.
Eligible  corporation.      This  is  any  U.S.  corporation 
other than:                                                        Amount of gain recognized.      If you make the choice de-
 A Domestic International Sales Corporation (DISC) or            scribed in this section, you must recognize the capital gain 
   a former DISC;                                                  only up to the following amount.
 A corporation that has made, or whose subsidiary has            The amount realized on the sale, minus
   made, an election under section 936 of the Internal             The cost of any qualified small business stock you 
   Revenue Code;                                                     bought during the 60-day period beginning on the date 
 A regulated investment company;                                   of sale (and did not previously take into account on an 
                                                                     earlier sale of qualified small business stock).
 A REIT;
                                                                   If this amount is less than the amount of your capital gain, 
 A REMIC;                                                        you  can  postpone  the  rest  of  that  gain.  If  this  amount 
 Certain financial asset securitization investment trusts        equals or is more than the amount of your capital gain, you 
   (FASITs); or                                                    must recognize the full amount of your gain.

 A cooperative.                                                  Basis  of  replacement  stock.   You  must  subtract  the 
Qualified  trade  or  business.     This  is  any  trade  or       amount of postponed gain from the basis of your replace-
business other than:                                               ment stock.

 One involving services performed in the fields of               Holding period of replacement stock. Your holding pe-
   health, law, engineering, architecture, accounting, ac-         riod  for  the  replacement  stock  includes  your  holding  pe-
   tuarial science, performing arts, consulting, athletics,        riod for the stock sold, except for the purpose of applying 
   financial services, or brokerage services;                      the  6-month  holding  period  requirement  for  choosing  to 
 One whose principal asset is the reputation or skill of         roll over the gain on its sale.

   one or more employees;                                          Pass-through  entity.    A  pass-through  entity  (a  partner-
 Any banking, insurance, financing, leasing, investing,          ship, S corporation, or mutual fund or other regulated in-
   or similar business;                                            vestment  company)  may  also  make  the  choice  to  post-
                                                                   pone  gain.  The  benefit  of  the  postponed  gain  applies  to 
 Any farming business (including the business of rais-
                                                                   your share of the entity's postponed gain if you held an in-
   ing or harvesting trees);
                                                                   terest in the entity for the entire period the entity held the 
 Any business involving the production or extraction of          stock.
   products for which percentage depletion can be                  If  a  pass-through  entity  sold  qualified  small  business 
   claimed; or                                                     stock held for more than 6 months and you held an inter-
 Any business of operating a hotel, motel, restaurant,           est  in  the  entity  for  the  entire  period  the  entity  held  the 
   or similar business.                                            stock, you may also choose to postpone gain if you, rather 
                                                                   than  the  pass-through  entity,  buy  the  replacement  stock 
                                                                   within the 60-day period.
Rollover of Gain
                                                                   How to report gain. Report the entire gain realized from 
You may qualify for a tax-free rollover of capital gain from 
                                                                   the sale in Part I or Part II of Form 8949. To make the elec-
the sale of qualified small business stock held more than 6 
                                                                   tion to postpone gain, report the gain as you would if you 
months. This means that, if you buy certain replacement 
                                                                   were not making the election. Enter “R” in column (f). En-
stock and make the choice described in this section, you 
                                                                   ter the amount of the postponed gain as a negative num-
postpone part or all of your gain.
                                                                   ber in column (g). Put it in parentheses to show it is nega-
You postpone the gain by adjusting the basis of the re-            tive. Complete all remaining columns.
placement  stock  as  described  in Basis  of  replacement                 Report these transactions on Form 8949 with the 
stock,  later.  This  postpones  your  gain  until  the  year  you !       correct box checked. See Form 8949 and the In-
dispose of the replacement stock.                                  CAUTION structions for Form 8949.
You can make this choice if you meet all the following             You  must  make  the  choice  to  postpone  gain  no  later 
tests.                                                             than the due date (including extensions) for filing your tax 
                                                                   return for the year in which you sold the stock. If your origi-
 You buy replacement stock during the 60-day period              nal return was filed on time, you may make the choice on 
   beginning on the date of the sale.                              an amended return filed no later than 6 months after the 
 The replacement stock is qualified small business               due  date  of  your  return  (excluding  extensions).  Enter 
   stock.                                                          “Filed  pursuant  to  section  301.9100-2”  at  the  top  of  the 
                                                                   amended return and file it at the same address you used 
                                                                   for your original return.

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Section 1202 Exclusion                                           2. You acquired the stock after December 21, 2000, and 
                                                                   before February 18, 2009.
You can generally exclude from your income up to 50% of          3. The gain from the sale or exchange of the stock is at-
your gain from the sale or trade of qualified small business       tributable to periods on or before December 31, 2018.
stock  held  by  you  for  more  than  5  years.  The  exclusion 
can  be  up  to  75%  for  stock  acquired  after  February  17, Condition  1  will  still  be  met  if  the  corporation  ceased  to 
2009,  and  no  later  than  September  27,  2010,  and  up  to  qualify after the 5-year period that begins on the date you 
100% for stock acquired after September 27, 2010. The            acquired the stock. However, the gain that qualifies for the 
exclusion  can  be  up  to  60%  for  certain  empowerment       60%  exclusion  cannot  be  more  than  the  gain  you  would 
zone business stock for gain attributable to periods on or       have had if you had sold the stock on the date the corpo-
before  December  31,  2018.  The  60%  exclusion  doesn't       ration ceased to qualify.
apply  to  gain  attributable  to  periods  after  December  31, 
2018. See Empowerment zone business stock, later. The            Note.   If  either  the  75%  or  100%  exclusion  applies, 
eligible gain minus your section 1202 exclusion is a 28%         then the 60% exclusion does not apply.
rate gain. See Capital Gain Tax Rates, later.
                                                                 Exclusion of Gain From DC Zone 
SSBIC stock.   If the stock is SSBIC stock you bought as 
                                                                 Assets
replacement  property  for  publicly  traded  securities  you 
sold at a gain before 2018, you must reduce the basis of         If you sold or exchanged a District of Columbia Enterprise 
the  stock  by  the  amount  of  any  postponed  gain  on  that  Zone (DC Zone) asset that you acquired after 1997 and 
earlier sale. But do not reduce your basis by that amount        before 2012 and held for more than 5 years, you may be 
when figuring your section 1202 exclusion.                       able  to  exclude  the  amount  of  qualified  capital  gain  that 
                                                                 you would otherwise include in income. The exclusion ap-
Limit  on  eligible  gain.   The  amount  of  your  gain  from 
                                                                 plies  to  an  interest  in,  or  property  of,  certain  businesses 
the stock of any one issuer that is eligible for the exclusion 
                                                                 operating in the District of Columbia.
in 2022 is limited to the greater of:
Ten times your basis in all qualified stock of the issuer      How  to  report.   Report  the  sale  or  exchange  on  Form 
  you sold or exchanged during the year; or                      8949, Part II, as you would if you were not taking the exclu-
                                                                 sion. Enter “X” in column (f) and enter the amount of the 
$10 million ($5 million for married individuals filing 
                                                                 exclusion  as  a  negative  number  in  column  (g).  Put  the 
  separately), minus the amount of gain from the stock 
                                                                 amount in parentheses to show it is negative. See the in-
  of the same issuer you used to figure your exclusion in 
                                                                 structions for Form 8949, columns (f), (g), and (h). Com-
  earlier years.
                                                                 plete all remaining columns.
How  to  report  gain. Report  the  sale  or  exchange  on 
Form 8949, Part II, with the appropriate box checked, as         Rollover of Gain From Empowerment 
you would if you were not taking the exclusion. Then enter       Zone Assets
“Q”  in  column  (f)  and  enter  the  amount  of  the  excluded 
gain as a negative number in column (g). Put it in paren-        The  election  to  roll  over  gain  from  the  sale  of  empower-
theses to show it is negative. Complete all remaining col-       ment zone assets doesn’t apply to sales in tax years be-
umns. If you are completing line 18 of Schedule D (Form          ginning after 2020. See section 1397B.
1040), enter as a positive number the amount of the exclu-
sion  on  line  2  of  the  28%  Rate  Gain  Worksheet  in  the 
Schedule D (Form 1040) instructions. But if you exclude 
60% of the gain, enter  /  of the exclusion. If you exclude 2 3  Reporting Capital
75% of the gain, enter  /  of the exclusion. If you exclude 1 3
                                                                 Gains and Losses
100% of the gain, do not enter an amount.
        Report these transactions on Form 8949 with the          Generally, report capital gains and losses on Form 8949. 
                                                                 Complete  Form  8949  before  you  complete  line  1b,  2,  3, 
!       correct box checked. See Form 8949 and the In-
CAUTION structions for Form 8949.                                8b, 9, or 10 of Schedule D (Form 1040).
                                                                 Use Form 8949 to report:
More  information.   For  information  about  additional  re-
quirements that may apply, see section 1202 of the Inter-        The sale or exchange of a capital asset not reported 
nal Revenue Code.                                                  on another form or schedule,
                                                                 Gains from involuntary conversions (other than from 
Empowerment zone business stock.     You can exclude               casualty or theft) of capital assets not held for busi-
up to 60% of your gain if you meet all the following addi-         ness or profit,
tional requirements.
                                                                 Nonbusiness bad debts, and
1. You sell or trade stock in a corporation that qualifies 
  as an empowerment zone business during substan-                Worthlessness of a security.
  tially all of the time you held the stock.

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Use Schedule D (Form 1040) to report:                              Installment  sales.   You  cannot  use  the  installment 
                                                                   method to report a gain from the sale of stock or securities 
 Overall gain or loss from transactions reported on 
                                                                   traded on an established securities market. You must re-
   Form 8949;
                                                                   port the entire gain in the year of sale (the year in which 
 Certain transactions you do not have to report on               the trade date occurs).
   Form 8949;
                                                                   At-risk  rules. Special  at-risk  rules  apply  to  most  in-
 Gain from Form 2439 or 6252 or Part I of Form 4797;
                                                                   come-producing activities. These rules limit the amount of 
 Gain or loss from Form 4684, 6781, or 8824;                     loss you can deduct to the amount you risk losing in the 
 Gain or loss from a partnership, S corporation, estate,         activity. The at-risk rules also apply to a loss from the sale 
   or trust;                                                       or trade of an asset used in an activity to which the at-risk 
                                                                   rules apply. For more information, see Pub. 925. Use Form 
 Capital gain distributions not reported directly on your        6198, At-Risk Limitations, to figure the amount of loss you 
   Form 1040; and                                                  can deduct.
 Capital loss carryover from the previous year to the 
                                                                   Passive activity gains and losses. If you have gains or 
   current year.
                                                                   losses from a passive activity, you may also have to report 
On Form 8949, enter all sales and exchanges of capital             them on Form 8582. In some cases, the loss may be limi-
assets,  including  stocks,  bonds,  etc.,  and  real  estate  (if ted  under  the  passive  activity  rules.  Refer  to  Form  8582 
not  reported  on  Form  4684,  4797,  6252,  6781,  8824,  or     and  its  instructions  for  more  information  about  reporting 
line  1a  or  8a  of  Schedule  D  (Form  1040).  Include  these   capital gains and losses from a passive activity.
transactions even if you did not receive a Form 1099-B or 
Form  1099-S,  Proceeds  From  Real  Estate  Transactions,         Form 1099-B transactions.      If you sold property, such as 
for  the  transaction.  Report  short-term  gains  or  losses  in  stocks, bonds, or certain commodities, through a broker, 
Part I. Report long-term gains or losses in Part II. Use as        you should receive Form 1099-B from the broker. Use the 
many Forms 8949 as you need.                                       Form 1099-B to complete Form 8949 and/or Schedule D 
                                                                   (Form 1040).
Exceptions to filing Form 8949 and Schedule D (Form                If  you  received  a  Form  1099-B  for  a  transaction,  you 
1040). There  are  certain  situations  where  you  may  not       usually  report  the  transaction  on  Form  8949.  Report  the 
have to file Form 8949 and/or Schedule D (Form 1040).              proceeds shown in box 1d of Form 1099-B in column (d) 
                                                                   of either Part I or Part II of Form 8949, whichever applies.
Exception  1.   You  do  not  have  to  file  Form  8949  or 
                                                                   Include  in  column  (g)  any  selling  expenses  or  option 
Schedule D (Form 1040) if you have no capital losses and 
                                                                   premiums  not  reflected  in  box  1d  or  box  1e  of  Form 
your only capital gains are capital gain distributions from 
                                                                   1099-B. If you include a selling expense in column (g), en-
box 2a of Form(s) 1099-DIV. If any Form 1099-DIV you re-
                                                                   ter “E” in column (f).
ceive  has  an  amount  in  box  2b  (unrecaptured  section 
                                                                   Enter the basis shown in box 1e in column (e). If the ba-
1250 gain), box 2c (section 1202 gain), or box 2d (collecti-
                                                                   sis  shown  on  Form  1099-B  is  not  correct,  see  the  table 
bles (28%) gain), you do not qualify for this exception.
                                                                   How To Complete Form 8949, Columns (f) and (g), in the 
If you qualify for this exception, report your capital gain 
                                                                   Instructions  for  Form  8949  for  the  adjustment  you  must 
distributions directly on Form 1040, line 7, and check the 
                                                                   make. If no basis is shown on Form 1099-B, enter the cor-
box  on  that  line.  Also  use  the  Qualified  Dividends  and 
                                                                   rect basis of the property in column (e). See the instruc-
Capital Gain Tax Worksheet in the Instructions for Forms 
                                                                   tions for Form 1099-B, Form 8949, and Schedule D (Form 
1040 to figure your tax.
                                                                   1040) for more information.
Exception 2.    You must file Schedule D (Form 1040), 
but generally do not have to file Form 8949, if Exception 1        Example  1.     You  sold  100  shares  of  Fund  HIJ  for 
above does not apply and your only capital gains and los-          $2,500. You paid a $75 commission to the broker for han-
ses are:                                                           dling the sale. Your Form 1099-B shows that the net sales 
                                                                   proceeds,  $2,425  ($2,500  −  $75),  were  reported  to  the 
 Capital gain distributions;                                     IRS. Report $2,425 in column (d) of Form 8949. Complete 
 A capital loss carryover;                                       columns (a), (b), (c), and (e).

 A gain from Form 2439 or 6252 or Part I of Form 4797;           Example  2.     You  sold  200  shares  of  Fund  KLM  for 
 A gain or loss from Form 4684, 6781, or 8824;                   $10,000. You paid a $100 commission at the time of the 
                                                                   sale. The broker reported the gross proceeds to the IRS 
 A gain or loss from a partnership, S corporation, es-           on Form 1099-B, so on Form 8949, you enter “E” in col-
   tate, or trust; or                                              umn  (f),  $10,000  in  column  (d),  and  $100  as  a  negative 
 Gains and losses from transactions for which you re-            adjustment  in  column  (g).  Complete  all  remaining  col-
   ceived a Form 1099-B that shows basis was reported              umns.
   to the IRS, for which the Ordinary box in box 2 is not 
                                                                   Section  1256  contracts  and  straddles.             Use  Form 
   checked, and for which you do not need to make any 
                                                                   6781  to  report  gains  and  losses  from  section  1256  con-
   adjustments in column (g) of Form 8949 or enter any 
                                                                   tracts  and  straddles  before  entering  these  amounts  on 
   codes in column (f) of Form 8949.

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Schedule  D  (Form  1040).  Include  a  copy  of  Form  6781       belong  to  someone  else),  see  the  Instructions  for  Form 
with your income tax return.                                       8949 for how to report these amounts on Form 8949.
Market discount bonds.        Report the sale or trade of a        File  Form  1099-B  or  Form  1099-S  with  the  IRS.  If 
market  discount  bond  on  Part  I  or  Part  II  of  Form  8949, you received gross proceeds as a nominee in 2023, you 
whichever is appropriate. See the table How To Complete            must  file  a  Form  1099-B  or  Form  1099-S  for  those  pro-
Form  8949,  Columns  (f)  and  (g),  in  the  Instructions  for   ceeds  with  the  IRS.  Send  the  Form  1099-B  or  Form 
Form 8949 to help you figure the amounts to report for a           1099-S with a Form 1096 to your Internal Revenue Serv-
sale  or  trade  of  a  market  discount  bond.  Use  the  Work-   ice Center by February 28, 2024 (April 1, 2024, if you file 
sheet for Accrued Market Discount Adjustment in Column             Form 1099-B or Form 1099-S electronically). Give the ac-
(g)  in  those  instructions  to  figure  the  adjusted  accrued   tual owner of the proceeds Copy B of the Form 1099-B or 
market discount. Also report the amount of accrued mar-            Form 1099-S by February 15, 2024. On Form 1099-B, you 
ket  discount  as  interest  income  on  Schedule  B  (Form        should be listed as the “Payer.” The actual owner should 
1040), line 1, and identify it as “Accrued Market Discount.”       be listed as the “Recipient.” On Form 1099-S, you should 
See the Instructions for Form 8949 for more information.           be listed as the “Filer.” The actual owner should be listed 
                                                                   as the “Transferor.” You do not have to file a Form 1099-B 
Form 1099-CAP transactions.   If a corporation in which            or  Form  1099-S  to  show  proceeds  for  your  spouse.  For 
you own stock has had a change in control or a substantial         more  information  about  the  reporting  requirements  and 
change  in  capital  structure,  you  should  receive  Form        the penalties for failure to file (or furnish) certain informa-
1099-CAP,  Changes  in  Corporate  Control  and  Capital           tion returns, see the General Instructions for Certain Infor-
Structure, from the corporation. Use the Form 1099-CAP             mation Returns.
to  fill  in  Form  8949.  If  your  computations  show  that  you 
would  have  a  loss  because  of  the  change,  do  not  enter    Sale of property bought at various times. If you sell a 
any amounts on Form 8949 or Schedule D (Form 1040) as              block of stock or other property that you bought at various 
a result of this transaction.                                      times, report the short-term gain or loss from the sale on 
Report the aggregate amount received shown in box 2                one row in Part I of Form 8949 and the long-term gain or 
of Form 1099-CAP as the sales price in column (d) of ei-           loss on one row in Part II of Form 8949. Enter “Various” in 
ther Part I or Part II of Form 8949, whichever applies.            column (b) for the “Date acquired.”

Form 1099-S transactions.     If you sold or traded reporta-       Sale  expenses. On  Form  8949,  include  in  column  (g) 
ble real estate, you should generally receive from the real        any expense of sale, such as broker's fees, commissions, 
estate reporting person a Form 1099-S showing the gross            state  and  local  transfer  taxes,  and  option  premiums,  un-
proceeds.                                                          less you reported the net sales price in column (d). If you 
“Reportable real estate” is defined as any present or fu-          include an expense of sale in column (g), enter “E” in col-
ture ownership interest in any of the following.                   umn (f).

Improved or unimproved land, including air space.                Short-term  gains  and  losses. Capital  gain  or  loss  on 
Inherently permanent structures, including any resi-             the sale or trade of investment property held 1 year or less 
  dential, commercial, or industrial building.                     is a short-term capital gain or loss. You report it in Part I of 
                                                                   Form 8949.
A condominium unit and its accessory fixtures and 
                                                                   You  combine  your  share  of  short-term  capital  gain  or 
  common elements, including land.
                                                                   loss  from  partnerships,  S  corporations,  and  fiduciaries, 
Stock in a cooperative housing corporation (as de-               and any short-term capital loss carryover, with your other 
  fined in section 216 of the Internal Revenue Code).              short-term  capital  gains  and  losses  to  figure  your  net 
Any noncontingent interest in standing timber.                   short-term  capital  gain  or  loss  on  line  7  of  Schedule  D 
                                                                   (Form 1040).
A “real estate reporting person” could include the buy-
er's attorney, your attorney, the title or escrow company, a       Long-term gains and losses. A capital gain or loss on 
mortgage  lender,  your  broker,  the  buyer's  broker,  or  the   the sale or trade of investment property held more than 1 
person acquiring the biggest interest in the property.             year is a long-term capital gain or loss. You report it in Part 
Your  Form  1099-S  will  show  the  gross  proceeds  from         II of Form 8949.
the  sale  or  exchange  in  box  2.  See  the  Instructions  for  You  also  report  the  following  in  Part  II  of  Schedule  D 
Form  8949  and  the  Instructions  for  Schedule  D  (Form        (Form 1040).
1040)  for  how  to  report  these  transactions  and  include 
                                                                   Undistributed long-term capital gains from a mutual 
them in Part I or Part II of Form 8949, as appropriate. How-
                                                                     fund (or other regulated investment company) or REIT.
ever, report like-kind exchanges on Form 8824 instead.
                                                                   Your share of long-term capital gains or losses from 
It is unlawful for any real estate reporting person to sep-          partnerships, S corporations, and fiduciaries.
arately charge you for complying with the requirement to 
file Form 1099-S.                                                  All capital gain distributions from mutual funds and 
                                                                     REITs not reported directly on Form 1040, line 7.
Nominees. If you receive gross proceeds as a nominee 
                                                                   Long-term capital loss carryovers.
(that is, the gross proceeds are in your name but actually 

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Worksheet 4-1. Capital Loss Carryover Worksheet                                                                        Keep for Your Records
Use this worksheet to figure your capital loss carryovers from 2023 to 2024 if Schedule D (Form 1040), line 21, is a loss 
and (a) that loss is a smaller loss than the loss on Schedule D (Form 1040), line 16, or (b) if the amount on your 2023 
Form 1040, line 15, would be less than zero if you could enter a negative amount on that line. Otherwise, you do not have 
any carryovers.

  1. Enter the amount from Form 1040, line 15. If the amount would have been a loss, if you could enter a 
     negative number on that line, enclose the amount in parentheses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                   1.   
  2. Enter the loss from Schedule D (Form 1040), line 21, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . .                                       2.   
  3. Combine lines 1 and 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 3.   
  4. Enter the smaller of line 2 or line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         4.   
     If line 7 of Schedule D is a loss, go to line 5; otherwise, enter -0- on line 5 and go to line 9.
  5. Enter the loss from Schedule D (Form 1040), line 7, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . .                                      5.   
  6. Enter any gain from Schedule D (Form 1040), line 15. If a loss, enter -0- . . . . . . . . . . .                   6.   
  7. Add lines 4 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.   
  8. Short-term capital loss carryover to 2024. Subtract line 7 from line 5. If zero or less, enter -0- . . . . . .                                                  8.   
     If line 15 of Schedule D is a loss, go to line 9; otherwise, skip lines 9 through 13.
  9. Enter the loss from Schedule D (Form 1040), line 15, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . .                                       9.   
10.  Enter any gain from Schedule D (Form 1040), line 7. If a loss, enter -0- . . . . . . . . . . . .                  10.  
11.  Subtract line 5 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.  
12.  Add lines 10 and 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   12.  
13. Long-term capital loss carryover to 2024. Subtract line 12 from line 9. If zero or less, enter -0- . . . . .                                                     13.  

The result after combining these items with your other           Capital loss carryover.                               If you have a total net loss on 
long-term  capital  gains  and  losses  is  your  net  long-term line 16 of Schedule D (Form 1040) that is more than the 
capital gain or loss (line 15 of Schedule D (Form 1040)).        yearly limit on capital loss deductions, you can carry over 
                                                                 the unused part to the next year and treat it as if you had 
Total net gain or loss.  To figure your total net gain or        incurred  it  in  that  next  year.  If  part  of  the  loss  is  still  un-
loss,  combine  your  net  short-term  capital  gain  or  loss   used,  you  can  carry  it  over  to  later  years  until  it  is  com-
(Schedule D (Form 1040), line 7) with your net long-term         pletely used up.
capital gain or loss (Schedule D (Form 1040), line 15). En-      When you figure the amount of any capital loss carry-
ter the result on Schedule D (Form 1040), Part III, line 16.     over to the next year, you must take the current year's al-
If your losses are more than your gains, see Capital Los-        lowable  deduction  into  account,  whether  or  not  you 
ses,  next.  If  both  lines  15  and  16  of  your  Schedule  D claimed it and whether or not you filed a return for the cur-
(Form 1040) are gains and your taxable income on your            rent year.
Form  1040  is  greater  than  zero,  see Capital  Gain  Tax     When  you  carry  over  a  loss,  it  remains  long  term  or 
Rates, later.                                                    short term. A long-term capital loss you carry over to the 
                                                                 next tax year will reduce that year's long-term capital gains 
Capital Losses                                                   before it reduces that year's short-term capital gains.
If your capital losses are more than your capital gains, you     Figuring your carryover.                                   The amount of your capital 
can claim a capital loss deduction. Report the deduction         loss carryover is the amount of your total net loss that is 
on Form 1040, line 7, enclosed in parentheses.                   more than the lesser of:
                                                                 1. Your allowable capital loss deduction for the year, or
Limit  on  deduction. Your  allowable  capital  loss  deduc-
tion, figured on Schedule D (Form 1040), is the lesser of:       2. Your taxable income increased by your allowable cap-
                                                                 ital loss deduction for the year.
 $3,000 ($1,500 if you are married and file a separate 
   return), or                                                   If your deductions are more than your gross income for 
                                                                 the tax year, use your negative taxable income in figuring 
 Your total net loss as shown on line 16 of Schedule D 
                                                                 the amount in (2) above.
   (Form 1040).
                                                                 Complete  Worksheet 4-1 to determine the part of your 
You can use your total net loss to reduce your income dol-       capital loss that you can carry over.
lar for dollar, up to the $3,000 limit.

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 Example.  Bob and Shelly sold securities in 2023. The               are now filing separate returns, any capital loss carryover 
sales  resulted  in  a  capital  loss  of  $7,000.  They  had  no    from the joint return can be deducted only on the return of 
other  capital  transactions.  Their  taxable  income  was           the spouse who actually had the loss.
$26,000.  On  their  joint  2023  return,  they  can  deduct 
$3,000.  The  unused  part  of  the  loss,  $4,000  ($7,000  −       Capital Gain Tax Rates
$3,000), can be carried over to 2024.
 If their capital loss had been $2,000, their capital loss           The tax rates that apply to a net capital gain are generally 
deduction would have been $2,000. They would have no                 lower than the tax rates that apply to other income. These 
carryover.                                                           lower rates are called the maximum capital gain rates.
 Use  short-term  losses  first.    When  you  figure  your          The term “net capital gain” means the amount by which 
capital loss carryover, use your short-term capital losses           your net long-term capital gain for the year is more than 
first,  even  if  you  incurred  them  after  a  long-term  capital  your net short-term capital loss.
loss. If you have not reached the limit on the capital loss          For 2023, the maximum capital gain rates are 0%, 15%, 
deduction  after  using  the  short-term  capital  losses,  use      20%, 25%, and 28%. See              Table 4-4 for details.
the long-term capital losses until you reach the limit.
                                                                         If you figure your tax using the maximum capital 
 Decedent's capital loss.      A capital loss sustained by a         TIP gain rate and the regular tax computation results 
decedent during his or her last tax year (or carried over to             in a lower tax, the regular tax computation applies.
that  year  from  an  earlier  year)  can  be  deducted  only  on 
the final income tax return filed for the decedent. The capi-
                                                                     Example.              All  of  your  net  capital  gain  is  from  selling 
tal loss limits discussed earlier still apply in this situation. 
                                                                     collectibles, so the capital gain rate would be 28%. If you 
The  decedent's  estate  cannot  deduct  any  of  the  loss  or 
                                                                     are otherwise subject to a rate lower than 28%, the 28% 
carry it over to following years.
                                                                     rate does not apply.
 Joint and separate returns.        If you and your spouse 
once  filed  separate  returns  and  are  now  filing  a  joint  re- Investment interest deducted.                           If you claim a deduction 
turn, combine your separate capital loss carryovers. How-            for  investment  interest,  you  may  have  to  reduce  the 
ever, if you and your spouse once filed a joint return and           amount  of  your  net  capital  gain  that  is  eligible  for  the 
                                                                     capital gain tax rates. Reduce it by the amount of the net 
Table 4-4. What Is Your Maximum Capital Gain Rate?

                                                                                                                             THEN your maximum 
IF your net capital gain is from...                        AND...                                                            capital gain rate is...
collectibles gain                                                                                                            28%
eligible gain on qualified small business stock minus 
the section 1202 exclusion                                                                                                   28%
unrecaptured section 1250 gain                                                                                               25%
other gain  and the regular tax rate that would apply is 1 your taxable income is...
37%                                                        $553,851 or more if married filing jointly or surviving 
                                                           spouse;
                                                           $523,051 or more if head of household;
                                                           $276,901 or more if married filing separately;
                                                           $492,301 or more if single; or
                                                           $14,651 or more if estate or trust…                               20%
other gain  and the regular tax rate that would apply is 1 your taxable income is...
22%, 24%, 32%, or 35%                                      $89,251 – $553,850 if married filing jointly or surviving 
                                                           spouse;
                                                           $59,751 – $523,050 if head of household;
                                                           $44,626 – $276,900 if married filing separately;
                                                           $44,626 – $492,300 if single; or
                                                           $3,001 – $14,650 if estate or trust…                              15%
other gain  and the regular tax rate that would apply is 1 your taxable income is...
10% or 12%                                                 $0 – $89,250 if married filing jointly or surviving 
                                                           spouse;
                                                           $0 – $59,750 if head of household;
                                                           $0 – $44,625 if married filing separately;
                                                           $0 – $44,625 if single; or
                                                           $0 – $3,000 if estate or trust…                                   0%
1 “Other gain” means any gain that is not collectibles gain, gain on small business stock, or unrecaptured section 1250 gain.

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capital gain you choose to include in investment income            You do not have to file Schedule D (Form 1040) and 
when figuring the limit on your investment interest deduc-           you received capital gain distributions. (See Excep-
tion. This is done on the Schedule D Tax Worksheet or the            tions to filing Form 8949 and Schedule D (Form 
Qualified Dividends and Capital Gain Tax Worksheet. For              1040 ), earlier.)
more  information  about  the  limit  on  investment  interest, 
                                                                   Schedule D (Form 1040), lines 15 and 16, are both 
see Interest Expenses in chapter 3.
                                                                     more than zero.
28% rate gain.  This gain includes gain or loss from the 
                                                                   Alternative minimum tax.        These capital gain rates are 
sale of collectibles and the eligible gain from the sale of 
                                                                   also used in figuring alternative minimum tax.
qualified small business stock minus the section 1202 ex-
clusion.

Collectibles gain or loss. This is gain or loss from the           Special Rules for
sale or trade of a work of art, rug, antique, metal (such as 
gold, silver, and platinum bullion), gem, stamp, coin, or al-      Traders in Securities
coholic beverage held more than 1 year.
Collectibles gain includes gain from the sale of an inter-         or Commodities
est in a partnership, S corporation, or trust due to unreal-
ized appreciation of collectibles.                                 Special rules apply if you are a trader in securities or com-
                                                                   modities in the business of buying and selling securities or 
Gain on qualified small business stock.       If you real-
                                                                   commodities for your own account. To be engaged in busi-
ized  a  gain  from  qualified  small  business  stock  that  you 
                                                                   ness  as  a  trader  in  securities  or  commodities,  you  must 
held more than 5 years, you can generally exclude some 
                                                                   meet all the following conditions.
or all of your gain under section 1202. The eligible gain mi-
nus your section 1202 exclusion is a 28% rate gain. See            You must seek to profit from daily market movements 
Gains  on  Qualified  Small  Business  Stock,  earlier  in  this     in the prices of securities or commodities and not from 
chapter.                                                             dividends, interest, or capital appreciation.
Unrecaptured section 1250 gain.    Generally, this is any          Your activity must be substantial.
part of your capital gain from selling section 1250 property       You must carry on the activity with continuity and regu-
(real  property)  that  is  due  to  depreciation  (but  not  more   larity.
than your net section 1231 gain), reduced by any net loss 
in  the  28%  group.  Use  the  Unrecaptured  Section  1250        The following facts and circumstances should be con-
Gain  Worksheet  in  the  Schedule  D  (Form  1040)  instruc-      sidered  in  determining  if  your  activity  is  a  securities  or 
tions  to  figure  your  unrecaptured  section  1250  gain.  For   commodities trading business.
more information about section 1250 property and section           Typical holding periods for securities or commodities 
1231 gain, see chapter 3 of Pub. 544.                                bought and sold.
Tax  computation  using  maximum  capital  gain  rates.            The frequency and dollar amount of your trades during 
Use the Qualified Dividends and Capital Gain Tax Work-               the year.
sheet  or  the  Schedule  D  Tax  Worksheet  (whichever  ap-       The extent to which you pursue the activity to produce 
plies) to figure your tax if you have qualified dividends or         income for a livelihood.
net capital gain. You have net capital gain if Schedule D 
(Form 1040), lines 15 and 16, are both gains.                      The amount of time you devote to the activity.
Schedule  D  Tax  Worksheet.       Use  the  Schedule  D           If your trading activities do not meet the above defini-
Tax Worksheet in the Schedule D (Form 1040) instructions           tion of a business, you are considered an investor, and not 
to figure your tax if:                                             a  trader.  It  does  not  matter  whether  you  call  yourself  a 
                                                                   trader or a “day trader.”
You have to file Schedule D (Form 1040); and
Schedule D (Form 1040), line 18 (28% rate gain) or               How To Report
  line 19 (unrecaptured section 1250 gain), is more than 
  zero.                                                            Transactions from trading activities result in capital gains 
                                                                   and  losses  (unless  a  section  475(f)  election  has  been 
Qualified  Dividends  and  Capital  Gain  Tax  Work-
                                                                   made) and must be reported on Form 8949 and Sched-
sheet.   If  you  do  not  have  to  use  the  Schedule  D  Tax 
                                                                   ule  D  (Form  1040),  as  appropriate.  Losses  from  these 
Worksheet (as explained above) and any of the following 
                                                                   transactions are subject to the limit on capital losses ex-
apply,  use  the  Qualified  Dividends  and  Capital  Gain  Tax 
                                                                   plained earlier in this chapter.
Worksheet in the Instructions for Form 1040 to figure your 
tax.                                                               Mark-to-market election made.     If you made the section 
You received qualified dividends. (See Qualified Divi-           475(f) mark-to-market election, you should report all gains 
  dends in chapter 1.)                                             and  losses  from  trading  as  ordinary  gains  and  losses  in 
                                                                   Part II of Form 4797, instead of as capital gains and losses 
                                                                   on Form 8949 and Schedule D (Form 1040). In that case, 

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securities or commodities (depending upon which election            placing the above statement in your books and records no 
was made) held at the end of the year in your business as           later than March 15, 2024. Attach a copy of the statement 
a trader are marked to market by treating them as if they           to your 2024 return.
were sold for fair market value on the last business day of 
the year and gain or loss is recognized. But do not mark to         If  your  method  of  accounting  for  2023  is  inconsistent 
market any securities or commodities you held for invest-           with  the  mark-to-market  election,  you  must  change  your 
ment. Report sales from those securities or commodities             method of accounting for securities under Revenue Proce-
on Form 8949 and Schedule D (Form 1040), as appropri-               dure 2023-24 (or its successor), available at IRS.gov/irb/
ate,  not  Form  4797.  See  the  Instructions  for  Form  8949     2023-28_IRB#REV-PROC-2023-24.  Revenue  Procedure 
and the Instructions for Schedule D (Form 1040).                    2023-24  requires  you  to  file  Form  3115,  Application  for 
                                                                    Change in Accounting Method. Follow its instructions. En-
Note.  You may be a trader in some securities or com-               ter “64” on line 1a of the Form 3115.
modities  and  have  some  securities  or  commodities  that 
are not held in connection with your activities as a trader,        If you made a mark-to-market election within 5 taxable 
such  as  those  held  for  investment.  The  special  rules  for   years  of  revoking  a  prior  election,  you  can  resume  the 
marking to market discussed here do not apply to the se-            mark-to-market election of the new election. To restart the 
curities  or  commodities  held  for  investment.  You  must        mark-to-market  election,  you  must  file  an  election  state-
keep  detailed  records  to  distinguish  those  securities  or     ment no later than the due date for your 2023 return (with-
commodities.  The  securities  or  commodities  held  for  in-      out  regard  to  extensions)  under  Revenue  Procedure 
vestment must be identified as such in your records on the          99-17,  sections  5.03  and  5.04  and  follow  the  non-auto-
day you acquired them (for example, by holding them in a            matic change procedures to request a change in method 
separate brokerage account) specifically identified under           of accounting as described in Rev. Proc. 2015-13.
section 475.
                                                                    Once you make the election, it will apply to 2024 and all 
Expenses.   Interest  expense  and  other  investment  ex-          later tax years, unless you get permission from the IRS to 
penses  that  an  investor  would  deduct  on  Schedule  A          revoke  it.  The  effect  of  making  the  election  is  described 
(Form  1040)  are  deducted  by  a  trader  on  Schedule  C         under Mark-to-market election made, earlier.
(Form 1040), Profit or Loss From Business, if the expen-
ses are from the trading business. Commissions and other            If  you  want  to  revoke  a  prior  mark-to-market  election 
costs of acquiring or disposing of securities or commodi-           within the 5 taxable years ending with the year of change 
ties  (depending  upon  which  election  was  made)  are  not       for the election, you must follow the non-automatic change 
deductible  but  must  be  used  to  figure  gain  or  loss.  The   procedures in Revenue Procedure 2015-13 and Revenue 
limit on investment interest expense, which applies to in-          Procedure 2023-24, section 24.02(9).
vestors,  does  not  apply  to  interest  paid  or  incurred  in  a 
trading business.                                                   For  more  information  on  this  election,  see  Revenue 
                                                                    Procedure 99-17, on page 52 of Internal Revenue Bulletin 
Self-employment tax. Gains and losses from selling se-              1999-7 at IRS.gov/pub/irs-irbs/irb99-07.pdf.
curities  or  commodities  as  a  trader  are  not  subject  to 
self-employment  tax.  This  is  true  whether  the  election  is   For information about method of accounting using the 
made or not. For an exception that applies to section 1256          non-automatic change, see Revenue Procedure 2015-13 
contracts, see Self-Employment Income, earlier.                     in  Internal  Revenue  Bulletin  2015-5,  available  at 
                                                                    IRS.gov/irb/2015-05_IRB#RP-2015-13 and Revenue Pro-
How To Make the                                                     cedure  2023-24  in  Internal  Revenue  Bulletin  2023-28, 
Mark-to-Market Election                                             available    at         IRS.gov/irb/2023-28_IRB#REV-
                                                                    PROC-2023-24.
To make the mark-to-market election for 2024, you must 
have filed an election statement no later than the due date 
for  your  2023  return  (without  regard  to  extensions).  The 
statement must be attached to that return or with a prop-
erly filed request for extension of time to file that 2023 re-
turn  (Form  4868,  Application  for  Automatic  Extension  of      5.
Time  To  File  U.S.  Individual  Income  Tax  Return).  The 
statement must have included the following information.
That you are making an election under section 475(f)              How To Get Tax Help
  (1) or (f)(2) of the Internal Revenue Code.
                                                                    If you have questions about a tax issue; need help prepar-
The first tax year for which the election is effective.
                                                                    ing your tax return; or want to download free publications, 
The trade or business for which you are making the                forms, or instructions, go to IRS.gov to find resources that 
  election.                                                         can help you right away.

If you are a new taxpayer and not required to file a 2023           Preparing and filing your tax return.  After receiving all 
income  tax  return,  you  make  the  election  for  2023  by       your wage and earnings statements (Forms W-2, W-2G, 

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1099-R,  1099-MISC,  1099-NEC,  etc.);  unemployment                  check. This is tax withholding. See how your withhold-
compensation statements (by mail or in a digital format) or           ing affects your refund, take-home pay, or tax due.
other  government  payment  statements  (Form  1099-G); 
                                                                    The First-Time Homebuyer Credit Account Look-up 
and  interest,  dividend,  and  retirement  statements  from 
                                                                      (IRS.gov/HomeBuyer) tool provides information on 
banks and investment firms (Forms 1099), you have sev-
                                                                      your repayments and account balance.
eral options to choose from to prepare and file your tax re-
turn.  You  can  prepare  the  tax  return  yourself,  see  if  you The Sales Tax Deduction Calculator IRS.gov/ (
qualify for free tax preparation, or hire a tax professional to       SalesTax) figures the amount you can claim if you 
prepare your return.                                                  itemize deductions on Schedule A (Form 1040).
                                                                            Getting  answers  to  your  tax  questions.     On 
Free options for tax preparation.  Your options for pre-
                                                                            IRS.gov,  you  can  get  up-to-date  information  on 
paring  and  filing  your  return  online  or  in  your  local  com-
                                                                            current events and changes in tax law.
munity, if you qualify, include the following.
Free File. This program lets you prepare and file your            IRS.gov/Help: A variety of tools to help you get an-
                                                                      swers to some of the most common tax questions.
  federal individual income tax return for free using soft-
  ware or Free File Fillable Forms. However, state tax              IRS.gov/ITA: The Interactive Tax Assistant, a tool that 
  preparation may not be available through Free File. Go              will ask you questions and, based on your input, pro-
  to IRS.gov/FreeFile to see if you qualify for free online           vide answers on a number of tax topics.
  federal tax preparation, e-filing, and direct deposit or            IRS.gov/Forms: Find forms, instructions, and publica-
                                                                    
  payment options.                                                    tions. You will find details on the most recent tax 
VITA. The Volunteer Income Tax Assistance (VITA)                    changes and interactive links to help you find answers 
  program offers free tax help to people with                         to your questions.
  low-to-moderate incomes, persons with disabilities,                 You may also be able to access tax information in your 
                                                                    
  and limited-English-speaking taxpayers who need                     e-filing software.
  help preparing their own tax returns. Go to IRS.gov/
  VITA, download the free IRS2Go app, or call 
  800-906-9887 for information on free tax return prepa-            Need someone to prepare your tax return?             There are 
  ration.                                                           various  types  of  tax  return  preparers,  including  enrolled 
                                                                    agents, certified public accountants (CPAs), accountants, 
TCE. The Tax Counseling for the Elderly (TCE) pro-
                                                                    and many others who don’t have professional credentials. 
  gram offers free tax help for all taxpayers, particularly 
                                                                    If  you  choose  to  have  someone  prepare  your  tax  return, 
  those who are 60 years of age and older. TCE volun-
                                                                    choose that preparer wisely. A paid tax preparer is:
  teers specialize in answering questions about pen-
  sions and retirement-related issues unique to seniors.            Primarily responsible for the overall substantive accu-
  Go to IRS.gov/TCE or download the free IRS2Go app                   racy of your return,
  for information on free tax return preparation.                     Required to sign the return, and
                                                                    
MilTax. Members of the U.S. Armed Forces and quali-                 Required to include their preparer tax identification 
                                                                    
  fied veterans may use MilTax, a free tax service of-                number (PTIN).
  fered by the Department of Defense through Military 
  OneSource. For more information, go to                                    Although the tax preparer always signs the return, 
  MilitaryOneSource MilitaryOneSource.mil/MilTax (  ).               !      you're  ultimately  responsible  for  providing  all  the 
     Also, the IRS offers Free Fillable Forms, which can            CAUTION information required for the preparer to accurately 
  be completed online and then e-filed regardless of in-            prepare your return and for the accuracy of every item re-
  come.                                                             ported on the return. Anyone paid to prepare tax returns 
                                                                    for  others  should  have  a  thorough  understanding  of  tax 
Using online tools to help prepare your return.   Go to             matters. For more information on how to choose a tax pre-
IRS.gov/Tools for the following.                                    parer, go to Tips for Choosing a Tax Preparer on IRS.gov.
The Earned Income Tax Credit Assistant IRS.gov/ (
  EITCAssistant) determines if you’re eligible for the              Employers can register to use Business Services On-
  earned income credit (EIC).                                       line. The Social Security Administration (SSA) offers on-
                                                                    line service at SSA.gov/employer for fast, free, and secure 
The Online EIN Application IRS.gov/EIN (    ) helps you           W-2 filing options to CPAs, accountants, enrolled agents, 
  get an employer identification number (EIN) at no                 and  individuals  who  process  Form  W-2,  Wage  and  Tax 
  cost.                                                             Statement,  and  Form  W-2c,  Corrected  Wage  and  Tax 
The Tax Withholding Estimator IRS.gov/W4App (   )                 Statement.
  makes it easier for you to estimate the federal income 
  tax you want your employer to withhold from your pay-             IRS social media. Go to IRS.gov/SocialMedia to see the 
                                                                    various social media tools the IRS uses to share the latest 
                                                                    information on tax changes, scam alerts, initiatives, prod-
                                                                    ucts, and services. At the IRS, privacy and security are our 
                                                                    highest  priority.  We  use  these  tools  to  share  public 

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information with you. Don’t post your social security num-         IRS eBooks have been tested using Apple's iBooks for 
ber (SSN) or other confidential information on social me-          iPad. Our eBooks haven’t been tested on other dedicated 
dia sites. Always protect your identity when using any so-         eBook readers, and eBook functionality may not operate 
cial networking site.                                              as intended.
 The following IRS YouTube channels provide short, in-
formative videos on various tax-related topics in English,         Access  your  online  account  (individual  taxpayers 
Spanish, and ASL.                                                  only). Go  to IRS.gov/Account  to  securely  access  infor-
                                                                   mation about your federal tax account.
 Youtube.com/irsvideos.
                                                                   View the amount you owe and a breakdown by tax 
 Youtube.com/irsvideosmultilingua.                                 year.
 Youtube.com/irsvideosASL.                                       See payment plan details or apply for a new payment 
                                                                     plan.
Watching      IRS     videos.  The IRS   Video      portal 
(IRSVideos.gov)  contains  video  and  audio  presentations        Make a payment or view 5 years of payment history 
for individuals, small businesses, and tax professionals.            and any pending or scheduled payments.
Online  tax  information  in  other  languages. You  can           Access your tax records, including key data from your 
find  information  on IRS.gov/MyLanguage  if  English  isn’t         most recent tax return, and transcripts.
your native language.                                              View digital copies of select notices from the IRS.
Free  Over-the-Phone  Interpreter  (OPI)  Service.  The            Approve or reject authorization requests from tax pro-
IRS is committed to serving taxpayers with limited-English           fessionals.
proficiency (LEP) by offering OPI services. The OPI Serv-          View your address on file or manage your communica-
ice is a federally funded program and is available at Tax-           tion preferences.
payer  Assistance  Centers  (TACs),  most  IRS  offices,  and 
every VITA/TCE tax return site. The OPI Service is acces-          Get a transcript of your return. With an online account, 
sible in more than 350 languages.                                  you can access a variety of information to help you during 
                                                                   the  filing  season.  You  can  get  a  transcript,  review  your 
Accessibility  Helpline  available  for  taxpayers  with           most recently filed tax return, and get your adjusted gross 
disabilities. Taxpayers  who  need  information  about  ac-        income. Create or access your online account at       IRS.gov/
cessibility  services  can  call  833-690-0598.  The  Accessi-     Account.
bility Helpline can answer questions related to current and 
future accessibility products and services available in al-        Tax  Pro  Account. This  tool  lets  your  tax  professional 
ternative  media  formats  (for  example,  braille,  large  print, submit an authorization request to access your individual 
audio, etc.). The Accessibility Helpline does not have ac-         taxpayer IRS online account. For more information, go to 
cess to your IRS account. For help with tax law, refunds, or       IRS.gov/TaxProAccount.
account-related issues, go to IRS.gov/LetUsHelp.
                                                                   Using direct deposit. The safest and easiest way to re-
 Note.  Form  9000,  Alternative  Media  Preference,  or           ceive a tax refund is to e-file and choose direct deposit, 
Form 9000(SP) allows you to elect to receive certain types         which securely and electronically transfers your refund di-
of written correspondence in the following formats.                rectly  into  your  financial  account.  Direct  deposit  also 
                                                                   avoids the possibility that your check could be lost, stolen, 
 Standard Print.
                                                                   destroyed,  or  returned  undeliverable  to  the  IRS.  Eight  in 
 Large Print.                                                    10 taxpayers use direct deposit to receive their refunds. If 
 Braille.                                                        you  don’t  have  a  bank  account,  go  to           IRS.gov/
                                                                   DirectDeposit for more information on where to find a bank 
 Audio (MP3).                                                    or credit union that can open an account online.
 Plain Text File (TXT).
                                                                   Reporting  and  resolving  your  tax-related  identity 
 Braille Ready File (BRF).                                       theft issues. 
Disasters.  Go  to IRS.gov/DisasterRelief  to  review  the         Tax-related identity theft happens when someone 
available disaster tax relief.                                       steals your personal information to commit tax fraud. 
                                                                     Your taxes can be affected if your SSN is used to file a 
Getting  tax  forms  and  publications. Go  to  IRS.gov/             fraudulent return or to claim a refund or credit.
Forms  to  view,  download,  or  print  all  the  forms,  instruc-
                                                                   The IRS doesn’t initiate contact with taxpayers by 
tions, and publications you may need. Or, you can go to 
                                                                     email, text messages (including shortened links), tele-
IRS.gov/OrderForms to place an order.
                                                                     phone calls, or social media channels to request or 
Getting  tax  publications  and  instructions  in  eBook             verify personal or financial information. This includes 
format. Download and view most tax publications and in-              requests for personal identification numbers (PINs), 
structions  (including  the  Instructions  for  Form  1040)  on      passwords, or similar information for credit cards, 
mobile devices as eBooks at IRS.gov/eBooks.                          banks, or other financial accounts.

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Go to IRS.gov/IdentityTheft, the IRS Identity Theft       What  if  I  can’t  pay  now? Go  to IRS.gov/Payments  for 
  Central webpage, for information on identity theft and    more information about your options.
  data security protection for taxpayers, tax professio-
                                                            Apply for an online payment agreement IRS.gov/ (
  nals, and businesses. If your SSN has been lost or 
                                                              OPA) to meet your tax obligation in monthly install-
  stolen or you suspect you’re a victim of tax-related 
                                                              ments if you can’t pay your taxes in full today. Once 
  identity theft, you can learn what steps you should 
                                                              you complete the online process, you will receive im-
  take.
                                                              mediate notification of whether your agreement has 
Get an Identity Protection PIN (IP PIN). IP PINs are        been approved.
  six-digit numbers assigned to taxpayers to help pre-
                                                            Use the Offer in Compromise Pre-Qualifier to see if 
  vent the misuse of their SSNs on fraudulent federal in-
                                                              you can settle your tax debt for less than the full 
  come tax returns. When you have an IP PIN, it pre-
                                                              amount you owe. For more information on the Offer in 
  vents someone else from filing a tax return with your 
                                                              Compromise program, go to IRS.gov/OIC.
  SSN. To learn more, go to IRS.gov/IPPIN.
                                                            Filing  an  amended  return.  Go  to IRS.gov/Form1040X 
Ways to check on the status of your refund. 
                                                            for information and updates.
Go to IRS.gov/Refunds.
                                                            Checking  the  status  of  your  amended  return.            Go  to 
Download the official IRS2Go app to your mobile de-       IRS.gov/WMAR to track the status of Form 1040-X amen-
  vice to check your refund status.                         ded returns.
Call the automated refund hotline at 800-829-1954.                It can take up to 3 weeks from the date you filed 
        The IRS can’t issue refunds before mid-February     !       your amended return for it to show up in our sys-
                                                            CAUTION tem, and processing it can take up to 16 weeks.
!       for returns that claimed the EIC or the additional 
CAUTION child tax credit (ACTC). This applies to the entire 
refund, not just the portion associated with these credits. Understanding  an  IRS  notice  or  letter  you’ve  re-
                                                            ceived. Go to IRS.gov/Notices to find additional informa-
Making  a  tax  payment. Payments  of  U.S.  tax  must  be  tion about responding to an IRS notice or letter.
remitted to the IRS in U.S. dollars. Digital assets are not 
accepted. Go to IRS.gov/Payments for information on how     Responding  to  an  IRS  notice  or  letter. You  can  now 
to make a payment using any of the following options.       upload  responses  to  all  notices  and  letters  using  the 
                                                            Document Upload Tool. For notices that require additional 
IRS Direct Pay: Pay your individual tax bill or estimated action,  taxpayers  will  be  redirected  appropriately  on 
  tax payment directly from your checking or savings ac-    IRS.gov  to  take  further  action.  To  learn  more  about  the 
  count at no cost to you.                                  tool, go to IRS.gov/Upload.
Debit Card, Credit Card, or Digital Wallet: Choose an 
  approved payment processor to pay online or by            Note.   You  can  use  Schedule  LEP  (Form  1040),  Re-
  phone.                                                    quest for Change in Language Preference, to state a pref-
                                                            erence to receive notices, letters, or other written commu-
Electronic Funds Withdrawal: Schedule a payment           nications from the IRS in an alternative language. You may 
  when filing your federal taxes using tax return prepara-  not immediately receive written communications in the re-
  tion software or through a tax professional.              quested language. The IRS’s commitment to LEP taxpay-
Electronic Federal Tax Payment System: Best option        ers  is  part  of  a  multi-year  timeline  that  began  providing 
  for businesses. Enrollment is required.                   translations in 2023. You will continue to receive communi-
                                                            cations, including notices and letters, in English until they 
Check or Money Order: Mail your payment to the ad-        are translated to your preferred language.
  dress listed on the notice or instructions.
Cash: You may be able to pay your taxes with cash at      Contacting your local TAC.    Keep in mind, many ques-
  a participating retail store.                             tions can be answered on IRS.gov without visiting a TAC. 
                                                            Go to IRS.gov/LetUsHelp for the topics people ask about 
Same-Day Wire: You may be able to do same-day             most. If you still need help, TACs provide tax help when a 
  wire from your financial institution. Contact your finan- tax  issue  can’t  be  handled  online  or  by  phone.  All  TACs 
  cial institution for availability, cost, and time frames. now provide service by appointment, so you’ll know in ad-
                                                            vance that you can get the service you need without long 
Note.   The IRS uses the latest encryption technology to 
                                                            wait times. Before you visit, go to IRS.gov/TACLocator to 
ensure that the electronic payments you make online, by 
                                                            find the nearest TAC and to check hours, available serv-
phone, or from a mobile device using the IRS2Go app are 
                                                            ices,  and  appointment  options.  Or,  on  the  IRS2Go  app, 
safe and secure. Paying electronically is quick, easy, and 
                                                            under the Stay Connected tab, choose the Contact Us op-
faster than mailing in a check or money order.
                                                            tion and click on “Local Offices.”

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                                                                    Download Pub. 1546, The Taxpayer Advocate Service 
                                                                      Is Your Voice at the IRS, available at IRS.gov/pub/irs-
The Taxpayer Advocate                                                 pdf/p1546.pdf;
Service (TAS) Is Here To Help                                       Call the IRS toll free at 800-TAX-FORM 
                                                                      (800-829-3676) to order a copy of Pub. 1546;
You
                                                                    Check your local directory; or
What  is  TAS? TAS  is  an   independent  organization              Call TAS toll free at 877-777-4778.
within the IRS that helps taxpayers and protects taxpayer 
rights. TAS strives to ensure that every taxpayer is treated        How else does TAS help taxpayers?        TAS works to re-
fairly and that you know and understand your rights under           solve large-scale problems that affect many taxpayers. If 
the Taxpayer Bill of Rights.                                        you know of one of these broad issues, report it to TAS at 
                                                                    IRS.gov/SAMS. Be sure to not include any personal tax-
How can you learn about your taxpayer rights?             The       payer information.
Taxpayer  Bill  of  Rights  describes  10  basic  rights  that  all 
taxpayers  have  when  dealing  with  the  IRS.  Go  to 
TaxpayerAdvocate.IRS.gov  to  help  you  understand  what 
                                                                    Low Income Taxpayer Clinics 
these rights mean to you and how they apply. These are 
your rights. Know them. Use them.                                   (LITCs)
What  can  TAS  do  for  you?    TAS  can  help  you  resolve 
                                                                    LITCs are independent from the IRS and TAS. LITCs rep-
problems  that  you  can’t  resolve  with  the  IRS.  And  their 
                                                                    resent individuals whose income is below a certain level 
service is free. If you qualify for their assistance, you will 
                                                                    and who need to resolve tax problems with the IRS. LITCs 
be  assigned  to  one  advocate  who  will  work  with  you 
                                                                    can represent taxpayers in audits, appeals, and tax collec-
throughout the process and will do everything possible to 
                                                                    tion  disputes  before  the  IRS  and  in  court.  In  addition, 
resolve your issue. TAS can help you if:
                                                                    LITCs can provide information about taxpayer rights and 
  Your problem is causing financial difficulty for you,           responsibilities  in  different  languages  for  individuals  who 
    your family, or your business;                                  speak English as a second language. Services are offered 
  You face (or your business is facing) an immediate              for free or a small fee. For more information or to find an 
    threat of adverse action; or                                    LITC near   you,  go to            the   LITC        page at 
                                                                    TaxpayerAdvocate.IRS.gov/LITC  or  see  IRS  Pub.  4134, 
  You’ve tried repeatedly to contact the IRS but no one           Low  Income  Taxpayer  Clinic  List,  at IRS.gov/pub/irs-pdf/
    has responded, or the IRS hasn’t responded by the               p4134.pdf.
    date promised.

How  can  you  reach  TAS?    TAS  has  offices        in  every 
state,  the  District  of  Columbia,  and  Puerto  Rico.  To  find 
your advocate’s number:
  Go to TaxpayerAdvocate.IRS.gov/Contact-Us;

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Glossary

Accrual      method: An accounting  Instructions  for  Form  1099-B  for  more              Forward  contract:  A  contract  to  de-
method under which you report your in- details.                                             liver  a  substantially  fixed  amount  of 
come when you earn it, whether or not                                                       property (including cash) for a substan-
you have received it. You generally de-       Conversion  transaction:   Any  trans- tially fixed price.
duct  your  expenses  when  you  incur  a  action that you entered into after April 
liability for them, rather than when you  30,  1993,  that  meets  both  of  these          Futures  contract: An  exchange-tra-
pay them.                                     tests:                                        ded contract to buy or sell a specified 
                                                                                            commodity or financial instrument at a 
                                              1. Substantially all of your expected 
At-risk  rules:  Rules  that  limit  the                                                    specified  price  at  a  specified  future 
                                                return from the transaction is due 
amount of loss you may deduct to the                                                        date. See also Commodity future.
                                                to the time value of your net invest-
amount you risk losing in the activity.
                                                ment.                                       Gift  loan:    Any  below-market  loan 
Basis: Basis is the amount of your in-        2. The transaction is one of the fol-         where the forgone interest is in the na-
vestment in property for tax purposes.          lowing:                                     ture of a gift.
The  basis  of  property  you  buy  is  usu-
ally  the  cost.  Basis  is  used  to  figure   a. A straddle, including any set of         Interest: Compensation for the use or 
gain or loss on the sale or disposition              offsetting positions on stock.         forbearance of money.
of investment property.                         b. Any transaction in which you 
                                                                                            Investment interest: The interest you 
                                                     acquire property (whether or 
                                                                                            paid  or  accrued  on  money  you  bor-
Below-market  loan:  A  demand  loan                 not actively traded) at substan-
                                                                                            rowed that is allocable to property held 
(defined later) on which interest is pay-            tially the same time that you 
                                                                                            for investment.
able at a rate below the applicable fed-             contract to sell the same prop-
eral  rate,  or  a  term  loan  where  the           erty or substantially identical        Limited  partner: A  partner  whose 
amount  loaned  is  more  than  the                  property at a price set in the         participation in partnership activities is 
present value of all payments due un-                contract.                              restricted, and whose personal liability 
der the loan.
                                                c. Any other transaction that is            for  partnership  debts  is  limited  to  the 
Call: An  option  that  entitles  the  pur-          marketed or sold as producing  amount of money or other property that 
chaser  to  buy,  at  any  time  before  a           capital gains from a transaction  they  contributed  or  may  have  to  con-
specified future date, property such as              described in (1).                      tribute.
a stated number of shares of stock at a 
specified price.                              Demand loan:    A loan payable in full at     Listed option:  Any option (other than 
                                              any time upon demand by the lender.           a right to acquire stock from the issuer) 
Cash method:     An accounting method                                                       that is traded on (or subject to the rules 
under which you report your income in         Dividend: A  distribution  of  money  or  of) a qualified board or exchange.
the  year  in  which  you  actually  or  con- other  property  made  by  a  corporation 
structively receive it. You generally de-     to  its  shareholders  out  of  its  earnings Marked-to-market  rule: The  treat-
duct your expenses in the year you pay        and profits.                                  ment  of  each  section  1256  contract 
                                                                                            (defined later) held by a taxpayer at the 
them.
                                              Equity option:  Any option:                   close of the year as if it were sold for its 
Commodities  trader:    A  person  who        To buy or sell stock, or                    fair  market  value  on  the  last  business 
is  actively  engaged  in  trading  section                                                 day of the year.
1256 contracts and is registered with a       That is valued directly or indirectly 
                                                by reference to any stock or nar-           Market discount: The stated redemp-
domestic board of trade designated as 
                                                row-based security index.                   tion  price  of  a  bond  at  maturity  minus 
a contract market by the Commodities 
                                                                                            your basis in the bond immediately af-
Futures Trading Commission.                   Fair market value: The price at which  ter you acquire it. Market discount ari-
                                              property would change hands between  ses when the value of a debt obligation 
Commodity  future:   A  contract  made 
                                              a willing buyer and a willing seller, both  decreases after its issue date.
on  a  commodity  exchange,  calling  for 
                                              having  reasonable  knowledge  of  the 
the sale or purchase of a fixed amount 
                                              relevant facts.                               Market  discount  bond: Any  bond 
of  a  commodity  at  a  future  date  for  a 
                                                                                            having market discount except:
fixed price.                                  Forgone  interest: The  amount  of  in-
                                              terest that would be payable for any pe-      Short-term obligations with fixed 
Covered security: Covered securities                                                          maturity dates of up to 1 year from 
                                              riod if interest accrued at the applicable 
are certain securities subject to added                                                       the date of issue,
                                              federal rate and was payable annually 
reporting  by  your  broker  on  any  Form 
                                              on  December  31,  minus  any  interest       Tax-exempt obligations that you 
1099-B  you  may  receive.  See  the 
                                              payable on the loan for that period.            bought before May 1, 1993,

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U.S. savings bonds, and                       Premium: The  amount  by  which  your             Section 1256 contract:    Any:
Certain installment obligations.              cost or other basis in a bond right after 
                                                                                                  Regulated futures contract,
                                                you  get  it  is  more  than  the  total  of  all 
Mutual fund: A mutual fund is a regu-           amounts payable on the bond after you             Foreign currency contract as de-
lated  investment  company  generally           get it (other than payments of qualified            fined in chapter 4 under Foreign 
created by “pooling” funds of investors         stated interest).                                   currency contract,
to allow them to take advantage of di-                                                            Nonequity option,
versity of investments and professional         Private activity bond:  A bond that is 
management.                                     part  of  a  state  or  local  government         Dealer equity option, or
                                                bond issue of which:                              Dealer securities futures contract.
Nominee: A  person  who  receives,  in          1. More than 10% of the proceeds                  A section 1256 contract does not in-
their  name,  income  that  actually  be-         are to be used for a private busi-              clude certain swaps as listed in Excep-
longs to someone else.                            ness use, and                                   tions  under Section  1256  Contracts 
Noncovered   security:        Noncovered  2. More than 10% of the payment of                      Marked to Market in chapter 4.
securities  are  securities  that  are  not       the principal or interest is:
subject  to  added  reporting  by  your                                                           Securities  futures  contract: A  con-
broker  on  any  Form  1099-B  you  may           a. Secured by an interest in prop- tract of sale for future delivery of a sin-
receive.  See  the  Instructions  for  Form          erty to be used for a private                gle  security  or  of  a  narrow-based  se-
1099-B for more details.                             business use (or payments for  curity index.
                                                     the property), or
                                                                                                  Short  sale: The  sale  of  property  that 
Nonequity  option:  Any  listed  option           b. Derived from payments for                    you generally do not own. You borrow 
that  is  not  an  equity  option,  such  as         property (or borrowed money)                 the property to deliver to a buyer and, 
debt  options,  commodity  futures  op-              used for a private business                  at  a  later  date,  you  buy  substantially 
tions, currency     options,       and               use.                                         identical  property  and  deliver  it  to  the 
broad-based stock index options.
                                                                                                  lender.
                                                Put: An  option  that  entitles  the  pur-
Options  dealer:  Any  person  regis-
                                                chaser  to  sell,  at  any  time  before  a 
tered  with  an  appropriate  national  se-                                                       Straddle: Generally, a set of offsetting 
                                                specified future date, property such as 
curities exchange as a market maker or                                                            positions on personal property. A strad-
                                                a stated number of shares of stock at a 
specialist in listed options.                                                                     dle may consist of a purchased option 
                                                specified price.                                  to  buy  and  a  purchased  option  to  sell 
Original  issue  discount  (OID): The                                                             on  the  same  number  of  shares  of  the 
                                                Real  estate  mortgage  investment 
amount  by  which  the  stated  redemp-                                                           security,  with  the  same  exercise  price 
                                                conduit  (REMIC):  An  entity  that  is 
tion  price  at  maturity  of  a  debt  instru-                                                   and period.
                                                formed  for  the  purpose  of  holding  a 
ment is more than its issue price.
                                                fixed pool of mortgages secured by in-            Stripped preferred stock:  Stock that 
Passive activity: An activity involving         terests  in  real  property,  with  multiple      meets the following tests:
the  conduct  of  a  trade  or  business  in    classes  of  interests  held  by  investors. 
which you do not materially participate         These  interests  may  be  either  regular        1. There has been a separation in 
and  any  rental  activity.  However,  the      or residual.                                        ownership between the stock and 
                                                                                                    any dividend on the stock that has 
rental of real estate is not a passive ac-
tivity if both of the following are true:       Regulated  futures  contract:  A  sec-              not become payable.
                                                tion 1256 contract that:
More than one-half of the personal                                                              2. The stock:
  services you perform during the               Provides that amounts that must be 
                                                                                                    a. Is limited and preferred as to 
  year in all trades or businesses are            deposited to, or may be withdrawn 
                                                                                                         dividends,
  performed in real property trades               from, your margin account depend 
  or businesses in which you materi-              on daily market conditions (a sys-                b. Does not participate in corpo-
  ally participate.                               tem of marking to market); and                         rate growth to any significant 
You perform more than 750 hours               Is traded on, or subject to the rules                  extent, and
  of services during the year in real             of, a qualified board of exchange,                   c. Has a fixed redemption price.
  property trades or businesses in                such as a domestic board of trade 
  which you materially participate.               designated as a contract market by              Term loan:   Any loan that is not a de-
                                                  the Commodity Futures Trading                   mand loan.
Portfolio income:   Gross income from             Commission or any board of trade 
interest,  dividends,  annuities,  or  royal-     or exchange approved by the Sec-                Wash sale:   A sale of stock or securi-
ties  that  is  not  derived  in  the  ordinary   retary of the Treasury.                         ties at a loss within 30 days before or 
course  of  a  trade  or  business.  It  in-
cludes gains from the sale or trade of          Restricted  stock: Stock  you  get  for 
property  (other  than  an  interest  in  a     services you perform that is nontrans-
passive  activity)  producing  portfolio        ferable  and  is  subject  to  a  substantial 
income or held for investment.                  risk of forfeiture.

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after you buy or acquire in a fully taxa-
ble trade, or acquire a contract or op-
tion to buy, substantially identical stock 
or securities.

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                     To help us develop a more useful index, please let us know if you have ideas for index entries.
Index                See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
 
                                       Convertible  69                             Custodian account for    4
A                                      Coupon    24                                Gifts to 5
Abusive tax shelters (See Tax          Enterprise zone facility 18                 Investment income of 3 48, 
 shelters)                             Federally guaranteed    16                  Qualified dividends 48
Accrual method  10 24 36 46 108, , , , Identification 61                           Savings account with parent as 
Accuracy-related penalty     6         Market discount    18 47 64 75 99, , , , ,  trustee    5
Acquisition discount   23 64,            108                                       U.S. savings bond owner
Adjusted basis  30 59 60 64, , ,       New York Liberty bonds     18              Co-owners of U.S. savings 
Alaska Permanent Fund                  Par value  64                               bonds    11
 dividends    33 48,                   Premiums on    49 64 109, ,                Collateralized debt obligations 
Amortization of bond premium       49  Private activity 17 109,                    (CDOs)   37
Annuities:                             Redemption or retirement of    54          Collectibles 102
 Borrowing on   50                     Sold between interest dates    15          Commissions   61
 Interest on  8                        State and local government     74          Commodities traders   108
 Life insurance proceeds used to       Stripped  16 20 64, ,                      Commodity futures   77 81 108, , 
  buy  16                              Tax credit bonds   17                      Community property:
 Sale of 76                            Tax-exempt   74                             U.S. savings bonds  11
 Single-premium    50                  Traded flat 8                              Constructive ownership 
 Trade for 54 70,                      U.S. savings (See U.S. savings              transactions  72 78, 
Applicable federal rate    9             bonds)                                   Constructive receipt  23
Appreciated financial positions    54  U.S. Treasury (See U.S. Treasury           Constructive sales  54
Arbitrage bonds    17                    bills, notes, and bonds)                 Contractors, insolvency of             83
Assistance (See Tax help)              Brokerage fees 99                          Conversion transactions    76 108, 
At-risk rules 45 98 108, ,                                                        Convertible stocks and bonds              69
Automatic investment service       62, C                                          Cooperatives, sales of stock to           94
 80                                    Calls and puts 87 108,                     Corporate distributions   27
Average basis   66                     Table 4-3  88                               Capital gain 34 48 81, , 
 Double-category method       66       Capital assets 73                           Constructive 31
 Illustrated 66                        Capital gain distributions  30 34,  ,       Dividends (See Dividends)
                                       48 81,                                      Fractional shares 32
B                                      Capital gains and losses   73 81-           Liquidating 31 35, 
Backup withholding     4               Constructive ownership                      Nondividend  30 35, 
Bad debts  76 81,                        transactions   78                         Return of capital 30
Bankrupt financial institutions:       Definition 73                               Stock rights 31
 Deposit in  76                        Empowerment zone assets        97           Undistributed capital gains           30
Bargain purchases    59                Investment property   74                   Corporate reorganizations              69
Basis 58 71 108, ,                     Long-term   83 99,                         Cost basis 58 65, 
 Adjusted  30 59 60 64, , ,            Losses, limit on 100                       Coupon bonds   24
 Average   66                          Passive activities 98                      Covered security, defined              108
 Cost  58 65,                          Qualified covered call options  91
 Inherited property  60                Qualified small business stock    95       D
 Investment property   58              Reporting requirements     91 96,          Day traders  102
 Like-kind exchanges     69            Short-term  83 99,                         Dealer equity options 56
 Other than cost   58                  Tax rates  101                             Dealer securities futures 
 REITs 61                                Table 4-4  101                            contracts   56
 REMIC, residual interest    37        Capital loss carryover  92 100,            Debt instruments, retirement of           76
 Replacement stock     96              Worksheet 4-1    100                       Decedents  60 101, 
 Shares acquired by                    Cash method  10 23 46 108, , ,              U.S. savings bond interest, reporting 
  reinvestment     62                  Reporting options for savings bond          of 12
 Stocks and bonds    30 32 49 60, , ,    interest 10                              Demand loans   108
Bearer obligations   20 76,            Cash-settled options  56                   Demutualization 71
Below-market loans     8 108,          Casualty losses  76                        Deposits, loss on  76
Bonds:                                 CDOs (Collateralized debt                  Discount on debt instruments              18
 Accrued interest on   26              obligations)   37                           Certificates of deposit 20
 Amortization of premium     49        Certificates of deposit (CDs)  20           Election to report all interest as 
 Arbitrage 17                          Children:                                   OID   23
 Basis 49 60,                          Alaska Permanent Fund                       Face-amount certificates              20
                                         dividends  48
 Capital asset  74                                                                 Gain or loss treatment   74
                                       Capital gain distributions  48              Inflation-indexed 20

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  Market discount bonds (See Market      Federal guarantee on bonds      16         Marked-to-market election            102
    discount bonds)                      Financial asset securitization             Market discount bonds        75 99, 
  Original issue discount                investment trusts (FASITs)      37         Musical compositions     74
    (See Original issue discount         First-in first-out (FIFO) 66               Nominees   99
    (OID))                               Foreign currency transactions      56      Nonbusiness bad debt         76
  Short-term obligations  22 74,         Foreign income 2                           Nondividend distributions            35
  Stripped bonds and coupons     20      Forgone interest 108                       Option 87
Discounted debt instruments      18      Form 1040 or 1040-SR,                      Property bought at various times           99
Discounted tax-exempt                    Schedule B    24                           Rollover, qualified small business 
  obligations  64                        Form 1040 or Form 1040-SR       33         stock    96
Dividends  27 108,                       Form 1040-X 54                             Sale expenses  99
(See also Form 1099-DIV)                 Form 1040, Schedule D      96              Short-term gains and losses            99
  Alaska Permanent Fund      33 48,      Form 1041 39                               Software   61
  Exempt-interest   7 33 81, ,           Form 1065 38                               Worthless securities   54
  Extraordinary 84                       Schedule K-1  39                          Form SS-4   38
  Holding period 28                      Form 1066, Schedule Q      37 51,         Form W-8BEN    5
  Insurance policies 33                  Form 1096 27 35 99, ,                     Form W-9  4
  Money market funds    30               Form 1099-B 52 98 99, ,                   Forward contracts      108
  Nominees   27 35,                      Covered security, defined    108          Fractional shares      32 80, 
  Ordinary  28                           Noncovered security, defined      109     Frozen deposits 8 26, 
  Patronage  33                          Form 1099-CAP  99                         Futures contracts:
  Payments in lieu of 84                 Form 1099-DIV 3 27 33 35, , ,              Definition 108
  Qualified 28 34 48, ,                  Form 1099-INT 3 6 13 24 27 36,  , , , , ,  Regulated  56 109, 
  Qualified foreign corporation  29      37                                         Securities 81 85 86, , 
  Received in January   28               Form 1099-MISC   28 84,                   Futures, commodity     77 81 108,     , 
  Reinvestment of   81                   Form 1099-OID 7 19 25 36 37, , , ,         Wash sales   85
  Reinvestment plans    30 62,           Form 1099-S 99
  Reporting requirements     27 33 35, - Form 1120 39                              G
  Restricted stock  34                   Form 2439 30                              Gains on qualified small business 
  Sale or trade vs. 53                   Form 3115 11 50 103, ,                     stock  95
  Scrip 33                               Form 4684 76                              Gains on sales or trades      65 71 73,   , 
  Sold stock 28                          Form 4797 69 78 79, ,                     (See also Capital gains and losses)
  Stock 62 80,                           Form 4952 48                              Gifts 5 59 80 108, , , 
  Underreported  4                       Form 6198 98                              Gifts of shares 67
  Veterans' insurance   7 33,            Form 6781 57 77 91 98, , ,                Glossary  108
Divorce 59 71,                           Form 8275 43                              Government obligations        23
                                         Form 8275-R 43
E                                        Form 8582 38                              H
Education Savings Bond                   Form 8615 3                               Hedging transactions    56 58 77,       , 
  Program   14                           Form 8815 14 26,                          Holding period:
  Interest excluded under  26            Form 8824 69                               Investment property   80
Employee stock options       2           Form 8832 38                               Replacement stock     96
Employee stock ownership plans           Form 8886 41 43,                           Shares acquired by 
  (ESOPs), sales of stock to     94
                                         Form 8949:                                 reinvestment    81
Employer identification numbers 
  (EINs) 38                              Bad debts  83                              Straddles  92
Empowerment zone        97               Basis adjustment   30
Endowment contracts     50               Capital Gains 97                          I
Enterprise zone facility bonds   18      Capital Losses 97                         Income from sources outside 
Equity option  56 108,                   Cooperative, sale to certain  94           U.S. 2
Estate income received by                Copyrights in musical works     74        Income tax treaties (Table 1-3)           29
  beneficiary  3                         Employee stock ownership plan,            Indian tribal government      16
Exchanges of mutual fund                 sale to    94                             Individual retirement arrangements 
  shares  70                             Empowerment Zone Assets         97         (IRAs):
Exclusion of gain:                       Exempt-interest dividends     81           Interest income 7
  DC zone assets    97                   Form 1099-B   52 98,                      Inflation-indexed debt 
Exempt-interest dividends on             Form 1099-CAP    99                        instruments    20 21, 
  mutual fund stock     81               Form 1099-S   99                          Inherited property:
                                         Fractional shares  32                      Basis  60
F                                        Gain, qualified small business             Holding period 80
Face-amount certificates     20          stock    97                                Transfer by inheritance      54
Fair market value   59 65 108, ,         How to fill in, generally 97              Insolvency of contractors             83
                                         Long-term gains and losses      99        Installment sales 98

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Insurance:                                   Records to keep   3                     Maximum rate of capital gains 
Borrowing on   50                            Reporting of (Table 1-1)  6              (Table 4-4) 101
Dividends, interest on   8 33,             Investment interest expenses:             Mechanics' and suppliers' liens          82
Interest option on 16                        Reporting requirements    51            Missing children, photographs of           2
Life insurance companies,                  Investment property      46               Mixed straddles  84 92, 
demutualization      71                      Basis 58                                Money market funds     30
Life, paid to beneficiary   16               Definition 52                            Interest income  7
Prepaid premiums     8                       Gain or loss treatment    74            Mortgages:
Single-premium life      50                  Gift, received as 59                     Revenue bonds    17
Trades 70                                    Holding period 80                        Secondary liability on home          83
Veterans' dividends, interest on   7,        Liquidation, received in  63             Seller-financed  26
33                                           Nontaxable trades, received in    59    Municipal bonds   16 24 74, , 
Interest expenses:                           Sales and trades   52                   (See also State or local government 
Allocation of 46                             Services, received for    59             obligations)
Investment interest  46 108,                 Spouse, received from     59            Mutual fund, defined   109
Limit on   47                                Taxable trades, received in   59        Mutual funds  30 45 48 52 61 65, , , , , , 
When to deduct       46                                                               81
Margin accounts    47                      J                                          Individual retirement arrangements 
                                                                                          (IRAs) 2
Paid in advance   47                       Joint accounts   5                         publicly offered 52
Straddles  51                              Joint and separate returns      44 101, 
Interest income 6
                                                                                     N
Annuity contracts  8                       L
                                                                                     Net Investment Income Tax             3
Bonds traded flat  8                       Life insurance companies:                 New York Liberty bonds     18
Certificates of deposits    7                demutualization   71                    NIIT 3
Condemnation awards         8              Like-kind exchanges      67 71,           Nominee distributions:
Deferred interest accounts     7             Basis of property received    69         Dividends  27 35, 
Dividends on deposit or share                Reporting requirements    69             Interest income  7 11 13 27, , , 
accounts      7
                                           Limited partners  108
Frozen deposits   8 26,                                                               Original issue discount  19
                                           Liquidating distributions   31 63, 
Gift for opening account    7                                                        Nominee, defined   109
                                           Listed options  56 108, 
Individual retirement arrangements                                                   Nonbusiness bad debts      76 81, 
(IRAs)     7                               Load charges  61                          Noncapital assets  73
Installment sale payments     8            Loans                                     Noncovered security, defined           109
Insurance dividends      8                   Below-market   8 108,                   Nondeductible investment 
Money market funds       7                   Gift and demand    9 108,                expenses    50
Nominee distributions      7 11 13 27, , ,   Guarantees  82                          Nondividend distributions           30
Prepaid insurance premiums       8           Term 9 109,                             Nonequity options  56 109, 
Reporting  23 27-                          Local government obligations              Nonqualified preferred stock           69
                                             (See State or local government          Nonresident aliens:
Reporting requirements      24               obligations)
                                                                                      Backup withholding    5
Seller-financed mortgage      26           Long-term capital gains and 
                                                                                     Nontaxable return of capital          30
Tax refunds   8                              losses  83 99, 
                                                                                     Nontaxable stock rights    81
Tax-exempt    16 24,                       Losses on sales or trades      73
Taxable  7 8 15 16,  , ,                   (See also Capital gains and losses)       Nontaxable trades  67 80, 
U.S. savings bonds, person                   Amount calculation     65               Notes:
responsible for tax (Table 1-2)    12        Carryback election     57                Individuals, bought at discount         76
Underreported    4                           Mutual fund or REIT stock held 6         U.S. Treasury (See U.S. Treasury 
Unstated   58                                 months or less    81                        bills, notes, and bonds)
Usurious interest  8                         Passive activities 38 39 45 48, , , 
                                                                                     O
VA insurance dividends      7                Related parties 72
Investment clubs  38 39,                     Section 1244 (small business)           Options 86
Investment expenses      44                   stock  78                               Calls and puts 87 108, 
Allocated  36                                Small business investment                Cash settlement   56 87, 
At-risk rules 45                              company stock         79                Dealer equity 56
Interest 101                                 Wash sales  91                           Deep-in-the-money     90
Limits on deductions     45                                                           Employee stock   2
Nondeductible   50                         M                                          Equity 56 108, 
nonpublicly offered mutual fund or         Mark-to-market election     102            Gain or loss 86 90, 
REMIC      51                              Marked-to-market rules      56 102, ,      Holding period 81
Investment income    2                       108                                      Listed 56 108, 
Children 3 48,                             Market discount bonds       18 21 22, , ,  Nonequity   56 109, 
General Information      3                   47 64 75 99 108, , , ,                   Qualified covered call 90
Net income    47                             Accrued market discount      22          Reporting requirements    87

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  Section 1256 contracts     55 87,          Reinvestment rights  61                 Worthless   54 83, 
  Wash sales  85                             REITs (See Real estate investment       Securities futures contracts        56 81,  , 
Options dealer      109                        trusts (REITs))                       86 109, 
Ordinary gains and losses       73 76,       Related party transactions   52,        Self-employment income     58
Original issue discount:                       71 73-                                Self-employment tax    103
  Nominee distributions     19               Related persons   89                    Seller-financed mortgages           26
Original issue discount (OID)       16,      REMICs (See Real estate mortgage        Short sales 83 84, 
  18 21 64 109- , ,                            investment conduits (REMICs))         Adjusted basis   64
  Adjustment to     27                       Reorganizations, corporate   69         Defined 109
  Reporting requirements      19             Reporting requirements:                 Expenses of    50
  Rules  19                                    Bad debts  83                         Extraordinary dividends    84
                                               Bond premium amortization  50         Puts  87
P                                              Capital gains and losses 91 96 97, ,  Small business investment 
Pass-through entities:                         Dividend income   33                    company stock     79
  Rollover of gain    96                       Interest income 24                    Short-term capital gains and 
Passive activities    109                      Interest on U.S. savings bonds  10,   losses  83 99, 
                                               11
  Gains and losses     38 39 45 48 98, , , ,                                         Short-term obligations   22 23 64,    ,   , 
                                               Investment interest expenses  51      74
Patronage dividends      33
                                               Like-kind exchanges   69              Interest deduction, limit on        47
Penalties:
                                               Options 87                            Sixty/forty (60/40) rule 56
  Accuracy-related     6 42, 
                                               Original issue discount 19            Small business investment 
  Backup withholding     5
  Civil fraud 44                               S corporation income, deductions,     company stock       79 97, 
                                               and credits    38                     Reporting requirements     79
  Early withdrawal    7 27, 
                                               Section 1256 contracts  57            Small business stock   64 78 81 95, ,   , 
  Failure to pay tax  44
                                               State or local government             Social security number (SSN):
  Failure to supply SSN     4                  obligations    16                     Custodial accounts  4
  Substantial understatement      43           Straddles  98                         Joint accounts   4
    Section 199A deduction      43             Substitute payments   84              Requirement to give    4
  Valuation misstatement     43                Tax-exempt interest income 24         Specialized small business 
Political parties:                             Trades  102                           investment company stock              97
  Debts owed by     82                       Repossession of real property     80    Spouses:
Portfolio income    109                      Restricted property  59                 Transfers between   59 71, 
Preferred stock:                             Restricted stock  34 109,               (See also Related party 
  Nonqualified 69                            Retirement of debt instrument     76      transactions)
  Redeemable at a premium       32           Return of capital (See Nondividend      State or local government 
  Stripped 35 109,                             distributions)                        obligations 16 18-
Premiums on bonds        49 64 109, ,        Rollover of gain from sale:             Market discount bonds (See Market 
Private activity bonds     17 109,             Securities 96                           discount bonds)
Public utility stock reinvestment       62                                           Private activity bonds 17 109, 
Publications (See Tax help)                  S                                       Registration requirement   16
                                                                                     Tax-exempt interest    16
Puts and calls 87 109,                       S corporations   38 63, 
                                                                                     Taxable interest 16
  Table 4-3 88                               Sales and trades of investment 
                                               property   52                         Stock:
Q                                              Definition 53                         Basis 30 32 60 96, , , 
Qualified dividends     34                   Savings bonds (See U.S. savings         Capital asset  74
Qualified small business stock        64,      bonds)                                Constructive ownership     72
  81 95,                                     SBIC stock (See Small business          Convertible 69
  Gains on  95                                 investment company stock)             Corporate   69
                                             Scrip dividends   33                    Dividends (See Dividends)
R                                            Section 1202 gain   97 102,             Fractional shares   32 80, 
Real estate investment trusts                Section 1244 stock   78                 Identification 61
  (REITs) 30 61 81, ,                        Section 1250 gain   102                 Installment sales   98
Real estate mortgage investment              Section 1256 contracts    55 81 87, , , Nonqualified preferred stock          69
  conduits (REMICs)      36 52 109, ,          98 109,                               Options for employees    2
  Regular interest    36                       Net gain on 57                        Public utility, reinvestment        62
  Residual interest   37 86,                   Net loss on 57                        Redemption of    53
Recordkeeping requirements:                    Reporting requirements  57            Replacement stock      96
  Investment income      3                   Securities:                             Restricted stock   34 109, 
  Small business stock     79                  Holding period  80                    Rights  31 63 81, , 
Redemption of stock      53                    Installment sales 98                  S corporations   63
Redemption or retirement of                    Rollover of gain from sale 96         Sales to ESOPs or cooperatives            94
  bonds  54                                    Traders in 102                        Small business   64 81, 
Regulated futures contract      56 109, 

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  Splits 63                           Tax refunds:                         Treasury inflation-protected 
  Straddles (See Straddles)           Interest on  8                        securities (TIPS) 15 20, 
  Stripped preferred stock 35 109,    Tax shelters 39 44-                  Treaties, income tax (Table 1-3)                29
  Surrender of 54                     Penalties  42                        Trust income received by 
  Trades 69                           Reporting requirements   41           beneficiary 3
  Trust instruments treated as 55     Rules to curb abuse   40
Straddles  88 94-                     Tax-exempt bonds    74               U
  Defined  109                        Tax-exempt income:                   U.S. savings bonds 8 10, 
  Holding period  92                  Expenses of   50                      Reporting interest on   8 10, 
  Interest expense and carrying       Interest 16 24,                       Retirement or profit-sharing plan, 
  charges    51                       Tax-exempt obligations   16 21 64, ,  distributed from  13
  Loss deferral rules 89              Taxable income, expenses of  51       Worksheet     26
  Mixed  84 92 93, ,                  Taxes:                                Tax, responsible person 
                                                                            (Table 1-2)   12
  Reporting requirements  98          State income   51
                                                                           U.S. Treasury bills, notes, and 
Stripped bonds and coupons      16,   Term loans 9 109,                     bonds   8 15 71 80, , , 
  20 64,                              Trade or business   45               Undistributed capital gains                   35
Stripped preferred stock   35 109,    Traders in securities 102            Usurious interest 8
Substitute payments   84              Trades:
                                      Insurance  70                        V
T                                     Investment property   52
                                                                           Veterans' insurance:
Tables:                               Like-kind  67 71, 
                                                                            Dividends on  33
  Capital gains maximum rate          Nontaxable   59 67 80, , 
  (Table 4-4)  101                    Reporting requirements   102         W
  Income tax treaties (Table 1-3) 29  Stock  69
                                                                           Warrants 85
  Investment income, reporting of     Taxable  59
  (Table 1-1)  6                                                           Wash sales 84 86 109- , 
                                      U.S. Treasury notes or bonds 71
  Puts and calls (Table 4-3) 88                                             Holding period 81
                                      Treasury bills, notes, and bonds 
  U.S. savings bonds, person          (See U.S. Treasury bills, notes, and  Loss deferral rules, straddles               91
  responsible for tax (Table 1-2)  12 bonds)                               Withholding, backup      4
Tax credit bonds  17                  Treasury inflation-indexed           Worksheets:
Tax help 103                          securities   20                       Capital loss carryover   100
Tax rates:                                                                 Worthless securities     54 83, 
  Capital gain and losses 101

Publication 550 (2023)                                                                                                     115






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