Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … tions/p550/2023/a/xml/cycle01/source (Init. & Date) _______ Page 1 of 115 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 |
Page 2 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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) |
Page 3 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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. Publication 550 (2023) Chapter 1 Investment Income 3 |
Page 4 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 4 Chapter 1 Investment Income Publication 550 (2023) |
Page 5 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 1 Investment Income 5 |
Page 6 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 6 Chapter 1 Investment Income Publication 550 (2023) |
Page 7 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 1 Investment Income 7 |
Page 8 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 8 Chapter 1 Investment Income Publication 550 (2023) |
Page 9 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 1 Investment Income 9 |
Page 10 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 10 Chapter 1 Investment Income Publication 550 (2023) |
Page 11 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 1 Investment Income 11 |
Page 12 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 12 Chapter 1 Investment Income Publication 550 (2023) |
Page 13 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 1 Investment Income 13 |
Page 14 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 14 Chapter 1 Investment Income Publication 550 (2023) |
Page 15 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 1 Investment Income 15 |
Page 16 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 16 Chapter 1 Investment Income Publication 550 (2023) |
Page 17 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 Publication 550 (2023) Chapter 1 Investment Income 17 |
Page 18 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 18 Chapter 1 Investment Income Publication 550 (2023) |
Page 19 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 1 Investment Income 19 |
Page 20 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 20 Chapter 1 Investment Income Publication 550 (2023) |
Page 21 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 1 Investment Income 21 |
Page 22 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 22 Chapter 1 Investment Income Publication 550 (2023) |
Page 23 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 Publication 550 (2023) Chapter 1 Investment Income 23 |
Page 24 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 24 Chapter 1 Investment Income Publication 550 (2023) |
Page 25 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 1 Investment Income 25 |
Page 26 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 26 Chapter 1 Investment Income Publication 550 (2023) |
Page 27 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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.) Publication 550 (2023) Chapter 1 Investment Income 27 |
Page 28 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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). 28 Chapter 1 Investment Income Publication 550 (2023) |
Page 29 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 1 Investment Income 29 |
Page 30 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 30 Chapter 1 Investment Income Publication 550 (2023) |
Page 31 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 1 Investment Income 31 |
Page 32 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 32 Chapter 1 Investment Income Publication 550 (2023) |
Page 33 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 1 Investment Income 33 |
Page 34 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 34 Chapter 1 Investment Income Publication 550 (2023) |
Page 35 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 |
Page 36 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 36 Chapter 1 Investment Income Publication 550 (2023) |
Page 37 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 |
Page 38 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |
Page 39 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 2 Tax Shelters and Other Reportable 39 Transactions |
Page 40 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 40 Chapter 2 Tax Shelters and Other Reportable Publication 550 (2023) Transactions |
Page 41 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 2 Tax Shelters and Other Reportable 41 Transactions |
Page 42 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 42 Chapter 2 Tax Shelters and Other Reportable Publication 550 (2023) Transactions |
Page 43 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 2 Tax Shelters and Other Reportable 43 Transactions |
Page 44 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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- 44 Chapter 3 Investment Expenses Publication 550 (2023) |
Page 45 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 3 Investment Expenses 45 |
Page 46 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 46 Chapter 3 Investment Expenses Publication 550 (2023) |
Page 47 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 3 Investment Expenses 47 |
Page 48 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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), 48 Chapter 3 Investment Expenses Publication 550 (2023) |
Page 49 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 3 Investment Expenses 49 |
Page 50 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 50 Chapter 3 Investment Expenses Publication 550 (2023) |
Page 51 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 3 Investment Expenses 51 |
Page 52 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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- 52 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 53 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 53 |
Page 54 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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. 54 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 55 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 55 |
Page 56 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 56 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 57 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 57 |
Page 58 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 58 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 59 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 59 |
Page 60 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 60 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 61 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 61 |
Page 62 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 62 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 63 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 63 |
Page 64 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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 64 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 65 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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: Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 65 |
Page 66 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 66 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 67 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 67 |
Page 68 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 68 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 69 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 69 |
Page 70 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 70 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 71 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 71 |
Page 72 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 72 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 73 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 73 |
Page 74 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 74 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 75 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 75 |
Page 76 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 76 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 77 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 77 |
Page 78 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 78 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 79 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 79 |
Page 80 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 80 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 81 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 81 |
Page 82 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 82 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 83 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 83 |
Page 84 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 84 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 85 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 85 |
Page 86 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 86 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 87 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 87 |
Page 88 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 88 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 89 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 89 |
Page 90 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 90 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 91 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 91 |
Page 92 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 92 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 93 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 93 |
Page 94 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 94 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 95 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 95 |
Page 96 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 96 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 97 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 97 |
Page 98 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 98 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 99 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 99 |
Page 100 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 100 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 101 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 4 Sales and Trades of Investment Property 101 |
Page 102 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, 102 Chapter 4 Sales and Trades of Investment Property Publication 550 (2023) |
Page 103 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, Publication 550 (2023) Chapter 5 How To Get Tax Help 103 |
Page 104 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 104 Chapter 5 How To Get Tax Help Publication 550 (2023) |
Page 105 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. Publication 550 (2023) Chapter 5 How To Get Tax Help 105 |
Page 106 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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.” 106 Chapter 5 How To Get Tax Help Publication 550 (2023) |
Page 107 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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; Publication 550 (2023) Chapter 5 How To Get Tax Help 107 |
Page 108 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, 108 Publication 550 (2023) |
Page 109 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 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. Publication 550 (2023) 109 |
Page 110 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 110 Publication 550 (2023) |
Page 111 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) 111 |
Page 112 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 98 112 Publication 550 (2023) |
Page 113 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 Publication 550 (2023) 113 |
Page 114 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, 114 Publication 550 (2023) |
Page 115 of 115 Fileid: … tions/p550/2023/a/xml/cycle01/source 8:13 - 8-Mar-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 |