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Instructions For Schedule D (Form 1120S)
Instructions For Schedule D (Form 1120S)
Instructions For Schedule D (Form 1120S)
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
obligations). These obligations are Nonbusiness bad debts. A A trader also may hold securities for
treated as capital assets in determining nonbusiness bad debt must be treated investment. The rules for investors
gain or loss. On any gain realized, a as a short-term capital loss and can be generally will apply to those securities.
portion is treated as ordinary income deducted only in the year the debt If they apply, allocate interest and other
and any remaining balance as a becomes totally worthless. For each expenses between your trading
short-term capital gain. See section bad debt, enter the name of the debtor business and investment securities.
1271(a)(3). and “statement attached” in column (a) Report investment interest expense on
of line 1 and the amount of the bad line 12b of Schedule K and in box 12 of
Gain from installment sales. If the
debt as a loss in column (f). Attach a Schedule K-1 using code G.
corporation sold property at a gain and
statement of facts to support each bad Gain from certain constructive
will receive a payment in a tax year
debt deduction. ownership transactions. Gain in
after the year of sale, it generally must
report the sale on the installment Real estate subdivided for sale. excess of the gain the corporation
method unless it elects not to. Certain lots or parcels that are part of a would have recognized if it had held a
However, the installment method may tract of real estate subdivided for sale financial asset directly during the term
not be used to report sales of stock or may be treated as capital assets. See of a derivative contract must be treated
securities traded on an established section 1237. as ordinary income. See section 1260.
securities market. Sale of a partnership interest. A sale Gain on the constructive sale of
or other disposition of an interest in a certain appreciated financial
Use Form 6252, Installment Sale partnership owning unrealized
Income, to report the sale on the positions. Generally, if the corporation
receivables or inventory items may holds an appreciated financial position
installment method. Also use Form result in ordinary gain or loss. See Pub.
6252 to report any payment received in stock or certain other interests, it
541, Partnerships. may have to recognize gain (but not
during the tax year from a sale made in
an earlier year that was reported on the Special rules for traders in loss) if it enters into a constructive sale
installment method. To elect out of the securities. Traders in securities are (such as a “short sale against the box”).
installment method, report the full engaged in the business of buying and See Pub. 550.
amount of the gain on Schedule D for selling securities for their own account. Rollover of gain from qualified stock.
the year of the sale on a return filed by To be engaged in a business as a If the corporation sold qualified small
the due date (including extensions). If trader in securities, the corporation: business stock (defined below) it held
the original return was filed on time • Must seek to profit from daily market for more than 6 months, it can
without making the election, the movements in the prices of securities postpone gain if it purchased other
corporation can make the election on and not from dividends, interest, or qualified small business stock during
an amended return filed no later than 6 capital appreciation. the 60-day period that began on the
months after the original due date • Must be involved in a trading activity date of the sale. The corporation must
(excluding extensions). Write “Filed that is substantial. recognize gain to the extent the sale
pursuant to section 301.9100-2” at the • Must carry on the activity with proceeds exceed the cost of the
top of the amended return. continuity and regularity. replacement stock. Reduce the basis of
The following facts and the replacement stock by any
Gain or loss on an option to buy or circumstances should be considered in postponed gain.
sell property. See sections 1032 and determining if a corporation’s activity is
1234 for the rules that apply to a If the corporation chooses to
a business.
postpone gain, report the entire gain
purchaser or grantor of an option or a • Typical holding periods for securities realized on the sale on line 1 or 7.
securities futures contract (as defined in bought and sold.
Directly below the line on which the
section 1234B). See Pub. 550, • The frequency and dollar amount of corporation reported the gain, enter in
Investment Income and Expenses. the corporation’s trades during the year.
column (a) “Section 1045 Rollover” and
Gain or loss from a short sale of • The extent to which the shareholders enter the amount of the postponed gain
property. Report the gain or loss to the pursue the activity to produce income
as a (loss) in column (f).
extent that the property used to close for a livelihood.
the short sale is considered a capital • The amount of time devoted to the The corporation also must
asset in the hands of the taxpayer. activity. ! separately state the amount of
CAUTION the gain rolled over on qualified
Loss from securities that are capital Like an investor, a trader must report
assets that become worthless during each sale of securities (taking into stock under section 1045 on Form
the year. Except for securities held by account commissions and any other 1120S, Schedule K, line 10, because
a bank, treat the loss as a capital loss costs of acquiring or disposing of the each shareholder must determine if he
as of the last day of the tax year. See securities) on Schedule D or on an or she qualifies for the rollover at the
section 582 for the rules on the attached statement containing all the shareholder level. Also, the corporation
treatment of securities held by a bank. same information for each sale in a must separately state on that line (and
similar format. However, if a trader not on Schedule D) any gain that could
Nonrecognition of gain on sale of made the mark-to-market election (see qualify for the section 1045 rollover at
stock to an employee stock the Instructions for Form 4797), each the shareholder level instead of the
ownership plan (ESOP) or an eligible transaction is reported in Part II of Form corporate level (because a shareholder
cooperative. See section 1042 and 4797 instead of on Schedule D. was entitled to purchase replacement
Temporary Regulations section The limitation on investment interest stock). If the corporation had a gain on
1.1042-1T for rules under which the expense that applies to investors does qualified stock that could qualify for the
corporation can elect not to recognize not apply to interest paid or incurred in partial exclusion under section 1202,
gain from the sale of certain stock to an a trading business. A trader reports report that gain on Schedule D, line 7
ESOP or an eligible cooperative. interest expense and other expenses (and on Form 1120S, Schedule K, line
Gain on disposition of market (excluding commissions and other 10).
discount bonds. See section 1276 for costs of acquiring and disposing of To be qualified small business stock,
rules on the disposition of market securities) from a trading business on the stock must meet all of the following
discount bonds. page 1 of Form 1120S. tests.
-2- Instructions for Schedule D (Form 1120S)
Page 3 of 4 Instructions for Schedule D (Form 1120S) 11:18 - 15-DEC-2006
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
• It must be stock in a C corporation. Enterprise Zone (DC Zone) asset held the sale or exchange of a qualified
• It must have been originally issued for more than 5 years, it can exclude community asset, but does not include
after August 10, 1993. any qualified capital gain. The sale or any of the following.
• As of the date the stock was issued, exchange of DC Zone capital assets • Gain treated as ordinary income
the corporation was a qualified small reported on Schedule D include: under section 1245.
business. A qualified small business is • Stock in a domestic corporation that • Section 1250 gain figured as if
a domestic C corporation with total was a DC Zone business. section 1250 applied to all depreciation
gross assets of $50 million or less (a) at • Interest in a partnership that was a rather than the additional depreciation.
all times after August 9, 1993, and DC Zone business. • Gain attributable to real property, or
before the stock was issued, and (b) Report the sale or exchange of an intangible asset, that is not an
immediately after the stock was issued. property used in the corporation’s DC integral part of a qualified community
Gross assets include those of any Zone business on Form 4797. business.
predecessor of the corporation. All
Gains not qualified for exclusion.
• Gain from a related-party transaction.
corporations that are members of the See Sales and Exchanges Between
same parent-subsidiary controlled The following gains do not qualify for
Related Persons in chapter 2 of Pub.
group are treated as one corporation. the exclusion of gain from DC Zone
544.
• The corporation must have acquired assets.
the stock at its original issue (either • Gain on the sale of an interest in a See Pub. 954 and section 1400F for
directly or through an underwriter), partnership, which is a DC Zone more details on qualified community
either in exchange for money or other business, attributable to unrecaptured assets and special rules.
property or as pay for services (other section 1250 gain. See the instructions
than as an underwriter) to the for line 8c of Schedule K for information How to report. Report the entire
corporation. In certain cases, the on how to report unrecaptured section gain realized from the sale or exchange
corporation may meet the test if it 1250 gain. as the corporation otherwise would
acquired the stock from another person • Gain on the sale of an interest in a without regard to the exclusion. On
who met this test (such as by gift or partnership attributable to real property Schedule D, line 7, enter “Qualified
inheritance) or through a conversion or or an intangible asset that is not an Community Asset” in column (a) and
exchange of qualified small business integral part of a DC Zone business. enter as a loss in column (f) the amount
stock held by the corporation. • Gain from a related-party transaction. of the allowable exclusion. If reporting
• During substantially all the time the See Sales and Exchanges Between the sale directly on Schedule D, line 7,
corporation held the stock: Related Persons in chapter 2 of Pub. use the line directly below the line on
544. which the corporation is reporting the
1. The issuer was a C corporation, sale.
2. At least 80% of the value of the See Pub. 954, Tax Incentives for
issuer’s assets were used in the active Distressed Communities, and section Collectibles (28%) rate gain or (loss).
conduct of one or more qualified 1400B for more details on DC Zone Report any 28% gain or loss on line 8b
businesses (defined below), and assets and special rules. of Schedule K (and each shareholder’s
3. The issuing corporation was not a share in box 8b of Schedule K-1). A
How to report. Report the entire
foreign corporation, DISC, former DISC, collectibles gain or loss is any long-term
gain realized from the sale or exchange
corporation that has made (or that has gain or deductible long-term loss from
as the corporation otherwise would
a subsidiary that has made) a section the sale or exchange of a collectible
without regard to the exclusion. On
936 election, regulated investment that is a capital asset.
Schedule D, line 7, enter “DC Zone
company, real estate investment trust, Asset” in column (a) and enter as a loss
REMIC, FASIT, or cooperative. Collectibles include works of art,
in column (f) the amount of the rugs, antiques, metals (such as gold,
Note. A specialized small business allowable exclusion. silver, and platinum bullion), gems,
investment company (SSBIC) is treated Rollover of gain from empowerment stamps, coins, alcoholic beverages,
as having met test (2) above. zone assets. If the corporation sold a and certain other tangible property.
qualified empowerment zone asset held Also include gain (but not loss) from
A qualified business is any business for more than 1 year, it may be able to
other than the following. the sale or exchange of an interest in a
elect to postpone part or all of the gain.
• One involving services performed in See Pub. 954 and section 1397B.
partnership or trust held more than 1
the fields of health, law, engineering, year and attributable to unrealized
architecture, accounting, actuarial Exclusion of gain from qualified appreciation of collectibles. See
science, performing arts, consulting, community assets. If the corporation Regulations section 1.1(h)-1. Also,
athletics, financial services, or sold or exchanged a qualified attach the statement required under
brokerage services. community asset acquired after Regulations section 1.1(h)-1(e).
• One whose principal asset is the December 31, 2001, and held for more
reputation or skill of one or more than 5 years, it can exclude any
employees. qualified capital gain. The exclusion
• Any banking, insurance, financing, applies to an interest in, or property of, Specific Instructions
leasing, investing, or similar business. certain qualified community assets.
• Any farming business (including the Qualified community asset. A Parts I and II
raising or harvesting of trees). qualified community asset is any of the
• Any business involving the following.
In Part I, report the sale, exchange, or
distribution of capital assets held 1 year
production of products for which • Qualified community stock. or less. In Part II, report the sale,
percentage depletion can be claimed. • Qualified community partnership
• Any business of operating a hotel, interest.
exchange, or distribution of capital
assets held more than 1 year. Use the
motel, restaurant, or similar business. • Qualified community business trade dates for the dates of acquisition
Exclusion of gain from DC Zone property. and sale of stocks and bonds traded on
assets. If the corporation sold or Qualified capital gain. Qualified an exchange or over-the-counter
exchanged a District of Columbia capital gain is any gain recognized on market.
Instructions for Schedule D (Form 1120S) -3-
Page 4 of 4 Instructions for Schedule D (Form 1120S) 11:18 - 15-DEC-2006
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Column (b). Date Acquired corporation status was elected, if the corporation with a basis determined by
corporation sold or exchanged an asset reference to its basis (or the basis of
The acquisition date for an asset the acquired from a C corporation with a any other property) in the hands of a C
corporation held on January 1, 2001, basis determined by reference to its corporation), and
for which it made an election to
recognize any gain on a deemed sale,
basis (or the basis of any other • The loss does not exceed the excess
property) in the hands of a C of the adjusted basis of the asset as of
is the date of the deemed sale and corporation. the beginning of the first tax year (or as
reacquisition. of the date the asset was acquired by
Line 14. Enter the amount that would
Column (e). Cost or Other be the taxable income of the the S corporation, for an asset with a
corporation for the tax year if only basis determined by reference to its
Basis basis (or the basis of any other
recognized built-in gains (including any
In general, the basis of property is its carryover of gain under section property) in the hands of a C
cost. See section 1012 and the related 1374(d)(2)(B)) and recognized built-in corporation), over the fair market value
regulations. Special rules may apply to losses were taken into account. of the asset as of that time.
the receipt of certain distributions with The corporation must show on an
respect to stock (section 301), Section 1374(d)(3) defines a
recognized built-in gain as any gain attachment its total net recognized
liquidation of another corporation (334), built-in gain and list separately any
transfer to another corporation (358), recognized during the recognition
period (the 10-year period beginning on capital gain or loss and ordinary gain or
transfer from a shareholder or loss.
reorganization (362), bequest (1014), the first day of the first tax year for
contribution or gift (1015), tax-free which the corporation is an S Line 15. Figure taxable income by
exchange (1031), involuntary corporation, or beginning the date the completing lines 1 through 28 of Form
conversion (1033), certain asset asset was acquired by the S 1120. Follow the instructions for Form
acquisitions (1060), or wash sale of corporation, for an asset with a basis 1120. Enter the amount from line 28 of
stock (1091). Attach an explanation if determined by reference to its basis (or Form 1120 on line 15 of Schedule D.
the corporation uses a basis other than the basis of any other property) in the Attach to Schedule D the Form 1120
actual cost of the property. See Pub. hands of a C corporation) on the sale or computation or other worksheet used to
551, Basis of Assets, for more details. distribution (disposition) of any asset, figure taxable income.
except to the extent the corporation Note. Taxable income is defined in
Before making an entry in column establishes that: section 1375(b)(1)(B) and is generally
(e), increase the cost or other basis by • The asset was not held by the figured in the same manner as taxable
any expense of sale, such as broker’s corporation as of the beginning of the
fees, commissions, state and local income for line 9 of the Excess Net
first tax year the corporation was an S Passive Income Tax Worksheet for Line
transfer taxes, and option premiums, corporation (except this does not apply
unless the net sales price was reported 22a in the Instructions for Form 1120S.
to an asset acquired by the S
in column (d). Line 16. If for any tax year the amount
corporation with a basis determined by
If the corporation sold property in a on line 14 exceeds the taxable income
reference to its basis (or the basis of
bargain sale to a charitable on line 15, the excess is treated as a
any other property) in the hands of a C
organization, figure the adjusted basis recognized built-in gain in the
corporation), or
succeeding tax year. This carryover
for determining gain from the sale by • The gain exceeds the excess of the provision applies only in the case of an
dividing the amount realized by the fair fair market value of the asset as of the
market value and multiplying that result S corporation that made its election to
start of the first tax year (or as of the
by the adjusted basis. be an S corporation after March 30,
date the asset was acquired by the S
1988. See section 1374(d)(2)(B).
If the corporation elected to corporation, for an asset with a basis
recognize gain on an asset held on determined by reference to its basis (or Line 17. Enter the section 1374(b)(2)
January 1, 2001, its basis in the asset the basis of any other property) in the deduction. Generally, this is any net
is its closing market price or fair market hands of a C corporation) over the operating loss carryforward or capital
value, whichever applies, on the date of adjusted basis of the asset at that time. loss carryforward (to the extent of net
the deemed sale and reacquisition, capital gain included in recognized
Certain transactions involving the built-in gain for the tax year) arising in
whether the deemed sale resulted in a disposal of timber, coal, or domestic
gain or unallowed loss. tax years for which the corporation was
iron ore under section 631 are not a C corporation. See section 1374(b)(2)
See section 852(f) for the treatment subject to the built-in gains tax. See and Regulations section 1.1374-5.
of certain load charges incurred in Rev. Rul. 2001-50, 2001-43 I.R.B. 343.
acquiring stock in a mutual fund with a Line 21. The built-in gains tax is
Section 1374(d)(4) defines a treated as a loss sustained by the
reinvestment right. recognized built-in loss as any loss corporation during the same tax year.
recognized during the recognition Deduct the tax attributable to:
Column (f). Gain or (Loss)
Make a separate entry in this column
period (defined above) on the • Ordinary gain as a deduction for
disposition of any asset to the extent taxes on Form 1120S, line 12.
for each transaction reported on lines 1 the corporation establishes that: • Short-term capital gain as short-term
and 7 and any other line(s) that apply to • The asset was held by the capital loss on Schedule D, line 5.
the corporation. For lines 1 and 7,
subtract the amount in column (e) from
corporation as of the beginning of the • Long-term capital gain as long-term
first tax year the corporation was an S capital loss on Schedule D, line 12.
the amount in column (d). Enter corporation (except that this does not
negative amounts in parentheses. apply to an asset acquired by the S