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Instructions For Schedule D (Form 1120S) : Department of The Treasury
Instructions For Schedule D (Form 1120S) : Department of The Treasury
Instructions For Schedule D (Form 1120S) : Department of The Treasury
Instructions for
Schedule D (Form 1120S)
Capital Gains and Losses and Built-In Gains
Section references are to the Inter nal Revenue Code unless otherwise noted.
Caution: At the time these instructions distribution of capital assets held more corporation acquires (by purchase or
were printed, Congress was considering than 1 year. Use the trade dates for the exchange), or has a contract or option
legislation that would change the tax dates of acquisition and sale of stocks to acquire, substantially identical stock
treatment of capital gains. Get Pub. 553, and bonds on an exchange or or securities within 30 days before or
Highlights of 1995 Tax Changes, for over-the-counter market. after the date of the sale or exchange.
more information. See General What Are Capital Assets?—Each item See section 1091 for more information.
Instructions on page 1 of the Form of property the corporation held ● Gain on distribution of appreciated
1120S instructions for how to get forms (whether or not connected with its trade property.—Generally, gain (but not loss)
and publications. or business) is a capital asset except: is recognized on a nonliquidating
1. Assets that can be inventoried or distribution of appreciated property to
Purpose of Schedule property held mainly for sale to the extent that the property’s fair market
customers. value exceeds its adjusted basis. See
Schedule D is used by all S corporations
section 311 for more information.
to report (a) sales or exchanges of 2. Depreciable or real property used in
capital assets (defined below), (b) gains the trade or business. ● Gain or loss on distribution of
on distributions to shareholders of property in complete liquidation.—
3. Certain copyrights; literary, musical,
appreciated capital assets (referred to Generally, gain or loss is recognized by a
or artistic compositions; letters or
here as distributions), and (c) corporation upon the liquidating
memorandums; or similar property.
nonbusiness bad debts. distribution of property as if it had sold
4. Accounts or notes receivable the property at its fair market value. See
If the corporation filed its election to acquired in the ordinary course of trade section 336 for details and exceptions.
be an S corporation before 1987 (or filed or business for services rendered or
its election during 1987 or 1988 and ● Gains and losses on section 1256
from the sale of property described in 1
qualifies for the transitional relief from contracts and straddles.—Use Form
above.
the built-in gains tax described in Part IV 6781, Gains and Losses From Section
5. U.S. Government publications, 1256 Contracts and Straddles, to report
on page 2), and had net capital gain (line including the Congressional Record, that
15) of more than $25,000, it may be gains and losses from section 1256
the corporation received from the contracts and straddles.
liable for a capital gains tax on the gain Government, other than by purchase at
in excess of $25,000. The tax is figured ● Gain or loss on certain short-term
the normal sales price, or that the
in Part III of Schedule D. Federal, state, and municipal
corporation got from another taxpayer
Generally, if the corporation (a) filed obligations.—Such obligations are
who had received it in a similar way, if
an election to be an S corporation after treated as capital assets in determining
the corporation’s basis is determined by
1986, (b) was a C corporation at the gain or loss. On any gain realized, a
reference to the previous owner.
time it made the election, and (c) has portion is treated as ordinary income
net recognized built-in gain as defined in Special Rules for the Treatment of and the balance is considered as a
section 1374(d)(2), it is liable for the Certain Gains and Losses short-term capital gain. See section
built-in gains tax. The tax is figured in 1271.
Part IV of Schedule D. Note: For more information, get Pub. ● Gain from installment sales.—If a
544, Sales and Other Dispositions of corporation has a gain this year from the
Sales, exchanges, and distributions of Assets, and Pub. 589, Tax Information
property other than capital assets, sale of real property or a casual sale of
on S Corporations. personal property other than inventory
including property used in a trade or
business; involuntary conversions (other ● Loss from a sale or exchange and is to receive any payment in a later
than from casualties or thefts); and gain between the corporation and a related year, it must use the installment method
from the disposition of an interest in oil, person.—Except for distributions in (unless it elects not to) and file Form
gas, or geothermal property, should be complete liquidation of a corporation, no 6252, Installment Sale Income. Also use
reported on Form 4797, Sales of loss is allowed from the sale or Form 6252 if a payment is received this
Business Property. exchange of property between the year from a sale made in an earlier year
corporation and certain related persons. on the installment basis.
If property is involuntarily converted See section 267 for details.
because of a casualty or theft, use Form The corporation may elect out of the
4684, Casualties and Thefts. ● Loss from a wash sale.—The installment method by reporting the full
corporation cannot deduct a loss from a amount of the gain on a timely filed
wash sale of stock or securities return (including extensions).
Parts I and II (including contracts or options to acquire The installment method may not be
Generally, report sales or exchanges or sell stock or securities) unless the used for sales of stock or securities (or
(including like-kind exchanges) even if corporation is a dealer in stock or certain other property described in the
there is no gain or loss. In Part I, report securities and the loss was sustained in regulations) traded on an established
the sale, exchange, or distribution of a transaction made in the ordinary securities market. See section 453(k).
capital assets held 1 year or less. In Part course of the corporation’s trade or
II, report the sale, exchange, or business. A wash sale occurs if the