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1040x forms Publication 554 - Introductory Material Table of Contents What's New Reminders IntroductionVolunteer Income Tax Assistance and Tax Counseling for the Elderly. 1040x forms Ordering forms and publications. 1040x forms Tax questions. 1040x forms What's New Alternative minimum tax exemption increased. 1040x forms The AMT exemption amount has increased to $51,900 ($80,800 if married filing jointly or qualifying widow(er); $40,400 if married filing separately). 1040x forms Earned income credit. 1040x forms The maximum amount of income you can earn and still get the credit has increased. 1040x forms You may be able to take the credit if you earn less than: $14,340 ($19,680 if married filing jointly), do not have a qualifying child, and are at least 25 years old and under 65, $37,870 ($43,210 if married filing jointly), and you have one qualifying child, $43,038 ($48,378 if married filing jointly), and you have two qualifying children, or $46,227 ($51,567 if married filing jointly), and you have three or more qualifying children. 1040x forms For more information, see Earned Income Credit , later. 1040x forms Exemption phaseout. 1040x forms You lose at least part of the benefit of your exemptions if your adjusted gross income is above a certain amount. 1040x forms For 2013, the phaseout begins at $150,000 for married individuals filing separate returns; $250,000 for single individuals; $275,000 for heads of household; and $300,000 for married individuals filing joint returns or qualifying widow(er)s. 1040x forms For more information, see Phaseout of Exemptions in Publication 501. 1040x forms Limit on itemized deductions. 1040x forms Beginning January 1, 2013, itemized deductions for taxpayers with adjusted gross incomes above $150,000 may be reduced. 1040x forms See Overall limitation , later. 1040x forms Medical and dental expenses. 1040x forms Beginning January 1, 2013, taxpayers 65 and older can deduct only the part of their medical and dental expenses that exceed 7. 1040x forms 5% of their adjusted gross income (10% for taxpayers under 65). 1040x forms Same-sex marriages. 1040x forms If you have a same-sex spouse whom you legally married in a state (or foreign country) that recognizes same-sex marriage, you and your spouse generally must use the married filing jointly or married filing separately filing status on your 2013 return, even if you and your spouse now live in a state (or foreign country) that does not recognize same-sex marriage. 1040x forms For more information, see Publication 501. 1040x forms Reminders Future developments. 1040x forms For the latest information about developments related to Publication 554, such as legislation enacted after it was published, go to www. 1040x forms irs. 1040x forms gov/pub554. 1040x forms Tax return preparers. 1040x forms Choose your preparer carefully. 1040x forms If you pay someone to prepare your return, the preparer is required, under the law, to sign the return and fill in the other blanks in the Paid Preparer's area of your return. 1040x forms Remember, however, that you are still responsible for the accuracy of every item entered on your return. 1040x forms If there is any underpayment, you are responsible for paying it, plus any interest and penalty that may be due. 1040x forms Sale of home by surviving spouse. 1040x forms If you are an unmarried widow or widower, you may qualify to exclude up to $500,000 of any gain from the sale or exchange of your main home. 1040x forms For more information, see Sale of Home , later. 1040x forms Third party designee. 1040x forms You can check the “Yes” box in the Third Party Designee area of your return to authorize the IRS to discuss your return with your preparer, a friend, family member, or any other person you choose. 1040x forms This allows the IRS to call the person you identified as your designee to answer any questions that may arise during the processing of your return. 1040x forms It also allows your designee to perform certain actions. 1040x forms See your income tax return instructions for details. 1040x forms Employment tax withholding. 1040x forms Your wages are subject to withholding for income tax, social security tax, and Medicare tax even if you are receiving social security benefits. 1040x forms Photographs of missing children. 1040x forms The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 1040x forms Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. 1040x forms You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. 1040x forms Introduction The purpose of this publication is to provide a general overview of selected topics that are of interest to older taxpayers. 1040x forms The publication will help you determine if you need to file a return and, if so, what items to report on your return. 1040x forms Each topic is discussed only briefly, so you will find references to other free IRS publications that provide more detail on these topics if you need it. 1040x forms Table I has a list of questions you may have about filing your federal tax return. 1040x forms To the right of each question is the location of the answer in this publication. 1040x forms Also, at the back of this publication there is an index to help you search for the topic you need. 1040x forms While most federal income tax laws apply equally to all taxpayers, regardless of age, there are some provisions that give special treatment to older taxpayers. 1040x forms The following are some examples. 1040x forms Higher gross income threshold for filing. 1040x forms You must be age 65 or older at the end of the year to get this benefit. 1040x forms You are considered age 65 on the day before your 65th birthday. 1040x forms Therefore, you are considered age 65 at the end of the year if your 65th birthday is on or before January 1 of the following year. 1040x forms Higher standard deduction. 1040x forms If you do not itemize deductions, you are entitled to a higher standard deduction if you are age 65 or older at the end of the year. 1040x forms You are considered age 65 at the end of the year if your 65th birthday is on or before January 1 of the following year. 1040x forms Credit for the elderly or the disabled. 1040x forms If you qualify, you may benefit from the credit for the elderly or the disabled. 1040x forms To determine if you qualify and how to figure this credit, see Credit for the Elderly or the Disabled , later. 1040x forms Return preparation assistance. 1040x forms The IRS wants to make it easier for you to file your federal tax return. 1040x forms You may find it helpful to visit a Volunteer Income Tax Assistance (VITA), Tax Counseling for the Elderly (TCE), or American Association of Retired Persons (AARP) Tax-Aide site near you. 1040x forms Volunteer Income Tax Assistance and Tax Counseling for the Elderly. 1040x forms These programs provide free help for low-income taxpayers and taxpayers age 60 or older to fill in and file their returns. 1040x forms For the VITA/TCE site nearest you, contact your local IRS office. 1040x forms For more information, see Free help with your tax return under How To Get Tax Help. 1040x forms For the location of an AARP Tax-Aide site in your community, call 1-888-227-7669. 1040x forms When asked, be ready to press in or speak your 5-digit ZIP code. 1040x forms Or, you can visit their website on the Internet at www. 1040x forms aarp. 1040x forms org/money/taxaide. 1040x forms Comments and suggestions. 1040x forms We welcome your comments about this publication and your suggestions for future editions. 1040x forms You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. 1040x forms NW, IR-6526 Washington, DC 20224 We respond to many letters by telephone. 1040x forms Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. 1040x forms You can send your comments from www. 1040x forms irs. 1040x forms gov/formspubs/. 1040x forms Click on “More Information” and then on “Comment on Tax Forms and Publications. 1040x forms ” Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. 1040x forms Ordering forms and publications. 1040x forms Visit www. 1040x forms irs. 1040x forms gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 business days after your request is received. 1040x forms Internal Revenue Service 1201 N. 1040x forms Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. 1040x forms If you have a tax question, check the information available on IRS. 1040x forms gov or call 1-800-829-1040. 1040x forms We cannot answer tax questions sent to either of the above addresses. 1040x forms Table I. 1040x forms What You Should Know About Federal Taxes Note. 1040x forms The following is a list of questions you may have about filling out your federal income tax return. 1040x forms To the right of each question is the location of the answer in this publication. 1040x forms What I Should Know Where To Find the Answer Do I need to file a return? See chapter 1. 1040x forms Is my income taxable or nontaxable? If it is nontaxable, must I still report it? See chapter 2. 1040x forms How do I report benefits I received from the Social Security Administration or the Railroad Retirement Board? Are these benefits taxable? See Social Security and Equivalent Railroad Retirement Benefits in chapter 2. 1040x forms Must I report the sale of my home? If I had a gain, is any part of it taxable? See Sale of Home in chapter 2. 1040x forms What are some of the items that I can deduct to reduce my income? See chapters 3 and 4. 1040x forms How do I report the amounts I set aside for my IRA? See Individual Retirement Arrangement (IRA) Contributions and Deductions in chapter 3. 1040x forms Would it be better for me to claim the standard deduction or itemize my deductions? See chapter 4. 1040x forms What are some of the credits I can claim to reduce my tax? See chapter 5 for discussions on the credit for the elderly or the disabled, the child and dependent care credit, and the earned income credit. 1040x forms Must I make estimated tax payments? See chapter 6. 1040x forms How do I contact the IRS or get more information? See chapter 7. 1040x forms Prev Up Next Home More Online Publications
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1040x forms 4. 1040x forms Reporting Gains and Losses Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Information Returns Schedule D and Form 8949Long and Short Term Net Gain or Loss Treatment of Capital Losses Capital Gains Tax Rates Form 4797Mark-to-market election. 1040x forms Introduction This chapter explains how to report capital gains and losses and ordinary gains and losses from sales, exchanges, and other dispositions of property. 1040x forms Although this discussion refers to Schedule D (Form 1040) and Form 8949, many of the rules discussed here also apply to taxpayers other than individuals. 1040x forms However, the rules for property held for personal use usually will not apply to taxpayers other than individuals. 1040x forms Topics - This chapter discusses: Information returns Schedule D (Form 1040) Form 4797 Form 8949 Useful Items - You may want to see: Publication 550 Investment Income and Expenses 537 Installment Sales Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 1099-B Proceeds From Broker and Barter Exchange Transactions 1099-S Proceeds From Real Estate Transactions 4684 Casualties and Thefts 4797 Sales of Business Property 6252 Installment Sale Income 6781 Gains and Losses from Section 1256 Contracts and Straddles 8824 Like-Kind Exchanges 8949 Sales and Other Dispositions of Capital Assets See chapter 5 for information about getting publications and forms. 1040x forms Information Returns If you sell or exchange certain assets, you should receive an information return showing the proceeds of the sale. 1040x forms This information is also provided to the IRS. 1040x forms Form 1099-B. 1040x forms If you sold property, such as stocks, bonds, or certain commodities, through a broker, you should receive Form 1099-B, Proceeds From Broker and Barter Exchange Transactions, or a substitute statement from the broker. 1040x forms Use the Form 1099-B or a substitute statement to complete Form 8949 and/or Schedule D. 1040x forms Whether or not you receive 1099-B, you must report all taxable sales of stock, bonds, commodities, etc. 1040x forms on Form 8949 and/or Schedule D, as applicable. 1040x forms For more information on figuring gains and losses from these transactions, see chapter 4 in Publication 550. 1040x forms For information on reporting the gains and losses, see the Instructions for Form 8949 and the Instructions for Schedule D (Form 1040). 1040x forms Form 1099-S. 1040x forms An information return must be provided on certain real estate transactions. 1040x forms Generally, the person responsible for closing the transaction (the “real estate reporting person”) must report on Form 1099-S sales or exchanges of the following types of property. 1040x forms Land (improved or unimproved), including air space. 1040x forms An inherently permanent structure, including any residential, commercial, or industrial building. 1040x forms A condominium unit and its related fixtures and common elements (including land). 1040x forms Stock in a cooperative housing corporation. 1040x forms If you sold or exchanged any of the above types of property, the “real estate reporting person” must give you a copy of Form 1099-S or a statement containing the same information as the Form 1099-S. 1040x forms The “real estate reporting person” could include the buyer's attorney, your attorney, the title or escrow company, a mortgage lender, your broker, the buyer's broker, or the person acquiring the biggest interest in the property. 1040x forms For more information see chapter 4 in Publication 550. 1040x forms Also, see the Instructions for Form 8949. 1040x forms Schedule D and Form 8949 Form 8949. 1040x forms Individuals, corporations, and partnerships, use Form 8949 to report the following. 1040x forms Sales or exchanges of capital assets, including stocks, bonds, etc. 1040x forms , and real estate (if not reported on another form or schedule such as Form 4684, 4797, 6252, 6781, or 8824). 1040x forms Include these transactions even if you did not receive a Form 1099-B or 1099-S. 1040x forms Gains from involuntary conversions (other than from casualty or theft) of capital assets not held for business or profit. 1040x forms Nonbusiness bad debts. 1040x forms Individuals, If you are filing a joint return, complete as many copies of Form 8949 as you need to report all of your and your spouse's transactions. 1040x forms You and your spouse may list your transactions on separate forms or you may combine them. 1040x forms However, you must include on your Schedule D the totals from all Forms 8949 for both you and your spouse. 1040x forms Corporations and electing large partnerships also use Form 8949 to report their share of gain or loss from a partnership, S Corporation, estate or trust. 1040x forms Business entities meeting certain criteria, may have an exception to some of the normal requirements for completing Form 8949. 1040x forms See the Instructions for Form 8949. 1040x forms Schedule D. 1040x forms Use Schedule D (Form 1040) to figure the overall gain or loss from transactions reported on Form 8949, and to report certain transactions you do not have to report on Form 8949. 1040x forms Before completing Schedule D, you may have to complete other forms as shown below. 1040x forms Complete all applicable lines of Form 8949 before completing lines 1b, 2, 3, 8b, 9, or 10 of your applicable Schedule D. 1040x forms Enter on Schedule D the combined totals from all your Forms 8949. 1040x forms For a sale, exchange, or involuntary conversion of business property, complete Form 4797 (discussed later). 1040x forms For a like-kind exchange, complete Form 8824. 1040x forms See Reporting the exchange under Like-Kind Exchanges in chapter 1. 1040x forms For an installment sale, complete Form 6252. 1040x forms See Publication 537. 1040x forms For an involuntary conversion due to casualty or theft, complete Form 4684. 1040x forms See Publication 547, Casualties, Disasters, and Thefts. 1040x forms For a disposition of an interest in, or property used in, an activity to which the at-risk rules apply, complete Form 6198, At-Risk Limitations. 1040x forms See Publication 925, Passive Activity and At-Risk Rules. 1040x forms For a disposition of an interest in, or property used in, a passive activity, complete Form 8582, Passive Activity Loss Limitations. 1040x forms See Publication 925. 1040x forms For gains and losses from section 1256 contracts and straddles, complete Form 6781. 1040x forms See Publication 550. 1040x forms Personal-use property. 1040x forms Report gain on the sale or exchange of property held for personal use (such as your home) on Form 8949 and Schedule D (Form 1040), as applicable. 1040x forms Loss from the sale or exchange of property held for personal use is not deductible. 1040x forms But if you had a loss from the sale or exchange of real estate held for personal use for which you received a Form 1099-S, report the transaction on Form 8949 and Schedule D, even though the loss is not deductible. 1040x forms See the Instructions for Schedule D (Form 1040) and the Instructions for Form 8949 for information on how to report the transaction. 1040x forms Long and Short Term Where you report a capital gain or loss depends on how long you own the asset before you sell or exchange it. 1040x forms The time you own an asset before disposing of it is the holding period. 1040x forms If you received a Form 1099-B, (or substitute statement) box 1c may help you determine whether the gain or loss is short-term or long-term. 1040x forms If you hold a capital asset 1 year or less, the gain or loss from its disposition is short term. 1040x forms Report it in Part I of Form 8949 and/or Schedule D, as applicable. 1040x forms If you hold a capital asset longer than 1 year, the gain or loss from its disposition is long term. 1040x forms Report it in Part II of Form 8949 and/or Schedule D, as applicable. 1040x forms Table 4-1. 1040x forms Do I Have a Short-Term or Long-Term Gain or Loss? IF you hold the property. 1040x forms . 1040x forms . 1040x forms THEN you have a. 1040x forms . 1040x forms . 1040x forms 1 year or less, Short-term capital gain or loss. 1040x forms More than 1 year, Long-term capital gain or loss. 1040x forms These distinctions are essential to correctly arrive at your net capital gain or loss. 1040x forms Capital losses are allowed in full against capital gains plus up to $3,000 of ordinary income. 1040x forms See Capital Gains Tax Rates, later. 1040x forms Holding period. 1040x forms To figure if you held property longer than 1 year, start counting on the day following the day you acquired the property. 1040x forms The day you disposed of the property is part of your holding period. 1040x forms Example. 1040x forms If you bought an asset on June 19, 2012, you should start counting on June 20, 2012. 1040x forms If you sold the asset on June 19, 2013, your holding period is not longer than 1 year, but if you sold it on June 20, 2013, your holding period is longer than 1 year. 1040x forms Patent property. 1040x forms If you dispose of patent property, you generally are considered to have held the property longer than 1 year, no matter how long you actually held it. 1040x forms For more information, see Patents in chapter 2. 1040x forms Inherited property. 1040x forms If you inherit property, you are considered to have held the property longer than 1 year, regardless of how long you actually held it. 1040x forms Installment sale. 1040x forms The gain from an installment sale of an asset qualifying for long-term capital gain treatment in the year of sale continues to be long term in later tax years. 1040x forms If it is short term in the year of sale, it continues to be short term when payments are received in later tax years. 1040x forms The date the installment payment is received determines the capital gains rate that should be applied not the date the asset was sold under an installment contract. 1040x forms Nontaxable exchange. 1040x forms If you acquire an asset in exchange for another asset and your basis for the new asset is figured, in whole or in part, by using your basis in the old property, the holding period of the new property includes the holding period of the old property. 1040x forms That is, it begins on the same day as your holding period for the old property. 1040x forms Example. 1040x forms You bought machinery on December 4, 2012. 1040x forms On June 4, 2013, you traded this machinery for other machinery in a nontaxable exchange. 1040x forms On December 5, 2013, you sold the machinery you got in the exchange. 1040x forms Your holding period for this machinery began on December 5, 2012. 1040x forms Therefore, you held it longer than 1 year. 1040x forms Corporate liquidation. 1040x forms The holding period for property you receive in a liquidation generally starts on the day after you receive it if gain or loss is recognized. 1040x forms Profit-sharing plan. 1040x forms The holding period of common stock withdrawn from a qualified contributory profit-sharing plan begins on the day following the day the plan trustee delivered the stock to the transfer agent with instructions to reissue the stock in your name. 1040x forms Gift. 1040x forms If you receive a gift of property and your basis in it is figured using the donor's basis, your holding period includes the donor's holding period. 1040x forms For more information on basis, see Publication 551, Basis of Assets. 1040x forms Real property. 1040x forms To figure how long you held real property, start counting on the day after you received title to it or, if earlier, the day after you took possession of it and assumed the burdens and privileges of ownership. 1040x forms However, taking possession of real property under an option agreement is not enough to start the holding period. 1040x forms The holding period cannot start until there is an actual contract of sale. 1040x forms The holding period of the seller cannot end before that time. 1040x forms Repossession. 1040x forms If you sell real property but keep a security interest in it and then later repossess it, your holding period for a later sale includes the period you held the property before the original sale, as well as the period after the repossession. 1040x forms Your holding period does not include the time between the original sale and the repossession. 1040x forms That is, it does not include the period during which the first buyer held the property. 1040x forms Nonbusiness bad debts. 1040x forms Nonbusiness bad debts are short-term capital losses. 1040x forms For information on nonbusiness bad debts, see chapter 4 of Publication 550. 1040x forms Net Gain or Loss The totals for short-term capital gains and losses and the totals for long-term capital gains and losses must be figured separately. 1040x forms Net short-term capital gain or loss. 1040x forms Combine your short-term capital gains and losses, including your share of short-term capital gains or losses from partnerships, S corporations, and fiduciaries and any short-term capital loss carryover. 1040x forms Do this by adding all your short-term capital gains. 1040x forms Then add all your short-term capital losses. 1040x forms Subtract the lesser total from the other. 1040x forms The result is your net short-term capital gain or loss. 1040x forms Net long-term capital gain or loss. 1040x forms Follow the same steps to combine your long-term capital gains and losses. 1040x forms Include the following items. 1040x forms Net section 1231 gain from Part I, Form 4797, after any adjustment for nonrecaptured section 1231 losses from prior tax years. 1040x forms Capital gain distributions from regulated investment companies (mutual funds) and real estate investment trusts. 1040x forms Your share of long-term capital gains or losses from partnerships, S corporations, and fiduciaries. 1040x forms Any long-term capital loss carryover. 1040x forms The result from combining these items with other long-term capital gains and losses is your net long-term capital gain or loss. 1040x forms Net gain. 1040x forms If the total of your capital gains is more than the total of your capital losses, the difference is taxable. 1040x forms Different tax rates may apply to the part that is a net capital gain. 1040x forms See Capital Gains Tax Rates, later. 1040x forms Net loss. 1040x forms If the total of your capital losses is more than the total of your capital gains, the difference is deductible. 1040x forms But there are limits on how much loss you can deduct and when you can deduct it. 1040x forms See Treatment of Capital Losses, next. 1040x forms Treatment of Capital Losses If your capital losses are more than your capital gains, you can deduct the difference as a capital loss deduction even if you do not have ordinary income to offset it. 1040x forms The yearly limit on the amount of the capital loss you can deduct is $3,000 ($1,500 if you are married and file a separate return). 1040x forms Table 4-2. 1040x forms Holding Period for Different Types of Acquisitions Type of acquisition: When your holding period starts: Stocks and bonds bought on a securities market Day after trading date you bought security. 1040x forms Ends on trading date you sold security. 1040x forms U. 1040x forms S. 1040x forms Treasury notes and bonds If bought at auction, day after notification of bid acceptance. 1040x forms If bought through subscription, day after subscription was submitted. 1040x forms Nontaxable exchanges Day after date you acquired old property. 1040x forms Gift If your basis is giver's adjusted basis, same day as giver's holding period began. 1040x forms If your basis is FMV, day after date of gift. 1040x forms Real property bought Generally, day after date you received title to the property. 1040x forms Real property repossessed Day after date you originally received title to the property, but does not include time between the original sale and date of repossession. 1040x forms Capital loss carryover. 1040x forms Generally, you have a capital loss carryover if either of the following situations applies to you. 1040x forms Your net loss is more than the yearly limit. 1040x forms Your taxable income without your deduction for exemptions is less than zero. 1040x forms If either of these situations applies to you for 2013, see Capital Losses under Reporting Capital Gains and Losses in chapter 4 of Publication 550 to figure the amount you can carryover to 2014. 1040x forms Example. 1040x forms Bob and Gloria Sampson sold property in 2013. 1040x forms The sale resulted in a capital loss of $7,000. 1040x forms The Sampsons had no other capital transactions. 1040x forms On their joint 2013 return, the Sampsons deduct $3,000, the yearly limit. 1040x forms They had taxable income of $2,000. 1040x forms The unused part of the loss, $4,000 ($7,000 − $3,000), is carried over to 2014. 1040x forms If the Sampsons' capital loss had been $2,000, it would not have been more than the yearly limit. 1040x forms Their capital loss deduction would have been $2,000. 1040x forms They would have no carryover to 2014. 1040x forms Short-term and long-term losses. 1040x forms When you carry over a loss, it retains its original character as either long term or short term. 1040x forms A short-term loss you carry over to the next tax year is added to short-term losses occurring in that year. 1040x forms A long-term loss you carry over to the next tax year is added to long-term losses occurring in that year. 1040x forms A long-term capital loss you carry over to the next year reduces that year's long-term gains before its short-term gains. 1040x forms If you have both short-term and long-term losses, your short-term losses are used first against your allowable capital loss deduction. 1040x forms If, after using your short-term losses, you have not reached the limit on the capital loss deduction, use your long-term losses until you reach the limit. 1040x forms To figure your capital loss carryover from 2013 to 2014 use the Capital Loss Carryover Worksheet in the 2013 Instructions for Schedule D (Form 1040). 1040x forms Joint and separate returns. 1040x forms On a joint return, the capital gains and losses of spouses are figured as the gains and losses of an individual. 1040x forms If you are married and filing a separate return, your yearly capital loss deduction is limited to $1,500. 1040x forms Neither you nor your spouse can deduct any part of the other's loss. 1040x forms If you and your spouse once filed separate returns and are now filing a joint return, combine your separate capital loss carryovers. 1040x forms However, if you and your spouse once filed jointly and are now filing separately, any capital loss carryover from the joint return can be deducted only on the return of the spouse who actually had the loss. 1040x forms Death of taxpayer. 1040x forms Capital losses cannot be carried over after a taxpayer's death. 1040x forms They are deductible only on the final income tax return filed on the decedent's behalf. 1040x forms The yearly limit discussed earlier still applies in this situation. 1040x forms Even if the loss is greater than the limit, the decedent's estate cannot deduct the difference or carry it over to following years. 1040x forms Corporations. 1040x forms A corporation can deduct capital losses only up to the amount of its capital gains. 1040x forms In other words, if a corporation has a net capital loss, it cannot be deducted in the current tax year. 1040x forms It must be carried to other tax years and deducted from capital gains occurring in those years. 1040x forms For more information, see Publication 542. 1040x forms Capital Gains Tax Rates The tax rates that apply to a net capital gain are generally lower than the tax rates that apply to other income. 1040x forms These lower rates are called the maximum capital gains rates. 1040x forms The term “net capital gain” means the amount by which your net long-term capital gain for the year is more than your net short-term capital loss. 1040x forms For 2013, the maximum tax rates for individuals are 0%, 15%, 20%, 25%, and 28%. 1040x forms Also, individuals, use the Qualified Dividends and Capital Gain Worksheet in the Instructions for Form 1040, or the Schedule D Tax Computation Worksheet in the Instructions for Schedule D (Form 1040) (whichever applies) to figure your tax if you have qualified dividends or net capital gain. 1040x forms For more information, see chapter 4 of Publication 550. 1040x forms Also see the Instructions for Schedule D (Form 1040). 1040x forms Unrecaptured section 1250 gain. 1040x forms Generally, this is the part of any long-term capital gain on section 1250 property (real property) that is due to depreciation. 1040x forms Unrecaptured section 1250 gain cannot be more than the net section 1231 gain or include any gain otherwise treated as ordinary income. 1040x forms Use the worksheet in the Schedule D instructions to figure your unrecaptured section 1250 gain. 1040x forms For more information about section 1250 property and net section 1231 gain, see chapter 3. 1040x forms Form 4797 Use Form 4797 to report: The sale or exchange of: Property used in your trade or business; Depreciable and amortizable property; Oil, gas, geothermal, or other mineral properties; and Section 126 property. 1040x forms The involuntary conversion (from other than casualty or theft) of property used in your trade or business and capital assets held in connection with a trade or business or a transaction entered into for profit. 1040x forms The disposition of noncapital assets (other than inventory or property held primarily for sale to customers in the ordinary course of your trade or business). 1040x forms The disposition of capital assets not reported on Schedule D. 1040x forms The gain or loss (including any related recapture) for partners and S corporation shareholders from certain section 179 property dispositions by partnerships (other than electing large partnerships) and S corporations. 1040x forms The computation of recapture amounts under sections 179 and 280F(b)(2) when the business use of section 179 or listed property decreases to 50% or less. 1040x forms Gains or losses treated as ordinary gains or losses, if you are a trader in securities or commodities and made a mark-to-market election under Internal Revenue Code section 475(f). 1040x forms You can use Form 4797 with Form 1040, 1065, 1120, or 1120S. 1040x forms Section 1231 gains and losses. 1040x forms Show any section 1231 gains and losses in Part I. 1040x forms Carry a net gain to Schedule D (Form 1040) as a long-term capital gain. 1040x forms Carry a net loss to Part II of Form 4797 as an ordinary loss. 1040x forms If you had any nonrecaptured net section 1231 losses from the preceding 5 tax years, reduce your net gain by those losses and report the amount of the reduction as an ordinary gain in Part II. 1040x forms Report any remaining gain on Schedule D (Form 1040). 1040x forms See Section 1231 Gains and Losses in chapter 3. 1040x forms Ordinary gains and losses. 1040x forms Show any ordinary gains and losses in Part II. 1040x forms This includes a net loss or a recapture of losses from prior years figured in Part I of Form 4797. 1040x forms It also includes ordinary gain figured in Part III. 1040x forms Mark-to-market election. 1040x forms If you made a mark-to-market election, you should report all gains 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). 1040x forms See the Instructions for Form 4797. 1040x forms Also see Special Rules for Traders in Securities, in chapter 4 of Publication 550. 1040x forms Ordinary income from depreciation. 1040x forms Figure the ordinary income from depreciation on personal property and additional depreciation on real property (as discussed in chapter 3) in Part III. 1040x forms Carry the ordinary income to Part II of Form 4797 as an ordinary gain. 1040x forms Carry any remaining gain to Part I as section 1231 gain, unless it is from a casualty or theft. 1040x forms Carry any remaining gain from a casualty or theft to Form 4684. 1040x forms Prev Up Next Home More Online Publications