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              4684  4684 Casualties and Thefts                                     • For a disposition of an interest in, or prop-
              4797  4797 Sales of Business Property  Schedule D and Form             erty used in, an activity to which the at-risk
                                                                                     rules apply, complete Form 6198. See
              6252  6252 Installment Sale Income  8949                               Pub. 925, Passive Activity and At-Risk
                                                                                     Rules.
              6781  6781 Gains and Losses From Section                             • For a disposition of an interest in, or prop-
                 1256 Contracts and Straddles  Form  8949.  Individuals,  corporations,  and   erty used in, a passive activity, complete
              8824  8824 Like-Kind Exchanges  partnerships  use  Form  8949  to  report  the  fol-  Form 8582, Passive Activity Loss Limita-
                                             lowing.
                                                                                     tions. See Pub. 925.
              8949  8949 Sales and Other Dispositions of   • Sales or exchanges of capital assets, in-  • For gains and losses from section 1256
                 Capital Assets                  cluding stocks, bonds, etc., and real estate   contracts and straddles, complete Form
         See How To Get Tax Help for information about   (if not reported on another form or sched-  6781. See Pub. 550.
                                                 ule such as Form 4684, 4797, 6252, 6781,
         getting publications and forms.         or 8824). Include these transactions even if
                                                                                    See the instructions for the Schedule D you
                                                 you did not receive a Form 1099-B or   are filing for additional reporting requirements.
                                                 1099-S.
         Information Returns                   • Gains from involuntary conversions (other
                                                 than from casualty or theft) of capital as-  Personal-use  property.  Report  gain  on  the
                                                                                 sale or exchange of property held for personal
         If  you  sell  or  exchange  certain  assets,  you   sets not used in your trade or business.  use  (such  as  your  home)  on  Form  8949  and
         should  receive  an  information  return  showing   • Nonbusiness bad debts.  Schedule  D  (Form  1040),  as  applicable.  Loss
         the  proceeds  of  the  sale.  This  information  is   • Worthlessness of a security.  from the sale or exchange of property held for
         also provided to the IRS.             • The election to defer capital gain invested   personal use is not deductible. But if you had a
                                                 in a qualified opportunity fund (QOF).  loss  from  the  sale  or  exchange  of  real  estate
         Form  1099-B.  If  you  sold  property,  such  as   • The disposition of interests in QOFs.  held for personal use for which you received a
         stocks, bonds, or certain commodities, through                          Form  1099-S,  report  the  transaction  on  Form
         a broker, you should receive Form 1099-B (or a   Individuals,  if  you  are  filing  a  joint  return,   8949  and  Schedule  D,  as  applicable,  even
         substitute  statement)  from  the  broker.  Use  the   complete as many copies of Form 8949 as you   though  the  loss  is  not  deductible.  See  the  In-
         Form  1099-B  or  substitute  statement  to  com-  need  to  report  all  of  your  and  your  spouse's   structions for Schedule D (Form 1040) and the
         plete  Form  8949  and/or  Schedule  D.  Whether   transactions. You and your spouse may list your   Instructions  for  Form  8949  for  information  on
         or not you receive Form 1099-B, you must re-  transactions  on  separate  forms  or  you  may   how to report the transaction.
         port all taxable sales of stock, bonds, commodi-  combine  them.  However,  you  must  include  on
         ties, etc. on Form 8949 and/or Schedule D, as   your Schedule D the totals from all Forms 8949
         applicable.  For  more  information  on  figuring   for both you and your spouse.  Long and Short Term
         gains  and  losses  from  these  transactions,  see   Corporations  also  use  Form  8949  to  report
         chapter  4  in  Pub.  550.  For  information  on  re-  their  share  of  gain  or  loss  from  a  partnership,   Where you report a capital gain or loss depends
         porting  the  gains  and  losses,  see  the  Instruc-  estate, or trust.  on how long you own the asset before you sell
         tions  for  Form  8949  and  the  Instructions  for   Business  entities  meeting  certain  criteria   or exchange it. The time you own an asset be-
         Schedule D (Form 1040), or the instructions for   may have an exception to some of the normal   fore disposing of it is the holding period.
         the applicable Schedule D.          requirements for completing Form 8949.
                                                File Form 8949 with the Schedule D for the   If you received a Form 1099-B (or substitute
         Form  1099-S.  An  information  return  must  be   return you are filing. This includes Schedule D   statement),  box  2  may  help  you  determine
         provided  on  certain  real  estate  transactions.   of  Forms  1040,  1040-SR,  1041,  1065,  8865,   whether  the  gain  or  loss  is  short  term  or  long
         Generally,  the  person  responsible  for  closing   1120,  1120-S,  1120-C,  1120-F,  1120-FSC,   term.
         the  transaction  must  report  on  Form  1099-S   1120-H,  1120-IC-DISC,  1120-L,  1120-ND,
         sales  or  exchanges  of  the  following  types  of   1120-PC,  1120-POL,  1120-REIT,  1120-RIC,   Generally, if you hold a capital asset 1 year
         property.                           and 1120-SF; and certain Forms 990-T. See the   or  less,  the  gain  or  loss  from  its  disposition  is
           • Land (improved or unimproved), including   Instructions for Form 8849 for more information.  short  term.  Report  it  on  Part  I  of  Form  8949
             air space.                                                          and/or Schedule D, as applicable. If you hold a
           • An inherently permanent structure, includ-  Schedule  D.    Use  Schedule  D  to  figure  the   capital asset longer than 1 year, the gain or loss
             ing any residential, commercial, or indus-  overall  gain  or  loss  from  transactions  reported   from  its disposition is generally  long  term. Re-
             trial building.                 on  Form  8949,  and  to  report  certain  transac-  port  it  on  Part  II  of  Form  8949  and/or  Sched-
           • A condominium unit and its related fixtures   tions you do not have to report on Form 8949.   ule D, as applicable.
             and common elements (including land).  Before  completing  Schedule  D,  you  may  have
           • Stock in a cooperative housing corpora-  to complete other forms as shown below.  However,  certain  partnership  interests  held
             tion.                             • Complete all applicable lines of Form 8949   in connection with the performance of services
           • Any noncontingent interest in standing tim-  before completing lines 1b, 2, 3, 8b, 9, and   may be subject to different holding period rules.
             ber.                                10 of your applicable Schedule D. See the   See the Instructions for Form 8949 for more in-
                                                                                 formation.
         If you sold or exchanged any of the above types   Instructions for Form 8949 and the Instruc-
         of  property,  the  person  responsible  for  closing   tions for Schedule D for special provisions   Table 4-1. Do I Have a Short-Term
         the  transaction  must  give  you  a  copy  of  Form   and exceptions to completing Form 8949.   or Long-Term Gain or Loss?
         1099-S (or substitute statement) containing the   Enter on Schedule D the combined totals
         same  information  as  Form  1099-S.  Your  Form   from all your Forms 8949.  IF you hold the    THEN you have a...
         1099-S will show the gross proceeds from the   • For a sale, exchange, or involuntary con-  property...
         sale or exchange in box 2. See the Instructions   version of business property, complete
         for  Form  8949  and  the  Instructions  for  Sched-  Form 4797 (discussed later).  1 year or less,   short-term capital gain or
         ule D (Form 1040) for how to report these trans-  • For a like-kind exchange, complete Form     loss.
         actions. Also see chapter 2 in Pub. 550.  8824. See Reporting the exchange under   more than 1 year,   long-term capital gain or
            For more information, see chapter 4 in Pub.   Like-Kind Exchanges in chapter 1.       loss.
         550. Also, see the Instructions for Form 8949.  • For an installment sale, complete Form
                                                 6252. See Pub. 537.
                                               • For an involuntary conversion due to casu-  These distinctions are essential to correctly
                                                 alty or theft, complete Form 4684. See   arrive  at  your  net  capital  gain  or  loss.  Capital
                                                 Pub. 547, Casualties, Disasters, and   losses  are  allowed  in  full  against  capital  gains
                                                 Thefts.                         plus up to $3,000 of ordinary income. See Capi-
                                                                                 tal Gains Tax Rates, later.
         Page 34    Chapter 4  Reporting Gains and Losses
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