Instructions for Form 1120 Schedule D |
2006 Tax Year |
This is archived information that pertains only to the 2006 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
If the corporation sold or exchanged a qualified community asset acquired after December 31, 2001, and held for more than
5 years, it may be able
to exclude any qualified capital gain. See Exclusion of gain from qualified community assets on page 2.
Use Schedule D to report sales and exchanges of capital assets and gains on distributions to shareholders of appreciated capital
assets.
Generally, report every sale or exchange of a capital asset (including like-kind exchanges) on this schedule even if there
is no gain or loss.
Note.
For more information, see
Pub. 544, Sales and Other Dispositions of Assets.
Other Forms the Corporation May Have To File
Use Form 4797, Sales of Business Property, to report the following.
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The sale or exchange of:
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Property used in a trade or business;
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Depreciable and amortizable property;
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Oil, gas, geothermal, or other mineral property; and
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Section 126 property.
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The involuntary conversion (other than from casualty or theft) of property and capital assets held for business or profit.
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The disposition of noncapital assets other than inventory or property held primarily for sale to customers in the ordinary
course of the
corporation's trade or business.
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The section 291 adjustment to section 1250 property.
Use Form 4684, Casualties and Thefts, to report involuntary conversions of property due to casualty or theft.
Use Form 6781, Gains and Losses From Section 1256 Contracts and Straddles, to report gains and losses from section 1256 contracts
and straddles.
Use Form 8824, Like-Kind Exchanges, if the corporation made one or more “like-kind” exchanges. A like-kind exchange occurs when the
corporation exchanges business or investment property for property of a like kind. For exchanges of capital assets, include
the gain or (loss) from
Form 8824, if any, on line 3 or line 9.
Each item of property the corporation held (whether or not connected with its trade or business) is a capital asset except
the following.
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Stock in trade or other property included in inventory or held mainly for sale to customers.
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Accounts or notes receivable acquired in the ordinary course of the trade or business for services rendered or from the sale
of stock in
trade or other property included in inventory or held mainly for sale to customers.
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Depreciable or real property used in the trade or business, even if it is fully depreciated.
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Certain copyrights; literary, musical, or artistic compositions; letters or memoranda; or similar property. See section 1221(a)(3).
Note.
For tax years beginning after May 17, 2006, a corporation can elect to treat certain sales or exchanges of musical compositions
or copyrights in
self-created musical works as a sale or exchange of a capital asset. See section 1221(b)(3).
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U.S. Government publications, including the Congressional Record, that the corporation received from the Government, other
than by purchase
at the normal sales price, or that the corporation got from another taxpayer who had received it in a similar way, if the
corporation's basis is
determined by reference to the previous owner's basis.
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Certain commodities derivative financial instruments held by a dealer not in connection with its dealer activities. See section
1221(a)(6).
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Certain identified hedging transactions entered into in the normal course of the trade or business. See section 1221(a)(7).
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Supplies regularly used in the trade or business.
Capital losses.
Capital losses are allowed only to the extent of capital gains. A net capital loss is carried back 3 years and forward
up to 5 years as a
short-term capital loss. Carry back a capital loss to the extent it does not increase or produce a net operating loss in the
tax year to which it is
carried. Foreign expropriation capital losses cannot be carried back, but are carried forward up to 10 years. A net capital
loss of a regulated
investment company (RIC) is carried forward up to 8 years.
Items for Special Treatment
Gain from installment sales.
If the corporation sold property at a gain and it will receive a payment in a tax year after the year of sale, it
generally must report the sale on
the installment method unless it elects not to. However, the installment method may not be used to report sales of stock or
securities traded on an
established securities market.
Use Form 6252, Installment Sale Income, to report the sale on the installment method. Also use Form 6252 to report
any payment received during the
tax year from a sale made in an earlier year that was reported on the installment method. To elect out of the installment
method, report the full
amount of the gain on Schedule D for the year of the sale on a return filed by the due date (including extensions). If the
original return was filed
on time without making the election, the corporation may make the election on an amended return filed no later than 6 months
after the original due
date (excluding extensions). Write “ Filed pursuant to section 301.9100-2” at the top of the amended return.
Rollover of gain from empowerment zone assets.
If the corporation sold a qualified empowerment zone asset held for more than 1 year, it may be able to elect to postpone
part or all of the gain
that would otherwise be included on Schedule D. If the corporation makes the election, the gain on the sale generally is recognized
only to the
extent, if any, that the amount realized on the sale exceeds the cost of qualified empowerment zone assets (replacement property)
the corporation
purchased during the 60-day period beginning on the date of the sale. The following rules apply.
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No portion of the cost of the replacement property may be taken into account to the extent the cost is taken into account
to exclude gain on
a different empowerment zone asset.
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The replacement property must qualify as an empowerment zone asset with respect to the same empowerment zone as the asset
sold.
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The corporation must reduce the basis of the replacement property by the amount of postponed gain.
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This election does not apply to any gain (a) treated as ordinary income or (b) attributable to real property, or an intangible
asset, which
is not an integral part of an enterprise zone business.
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The District of Columbia enterprise zone is not treated as an empowerment zone for this purpose.
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The election is irrevocable without IRS consent.
See Pub. 954, Tax Incentives for Distressed Communities, for the definition of empowerment zone and enterprise zone
business. The corporation can
find out if its business is located within an empowerment zone by using the RC/EZ/EC Address Locator at
http://www.hud.gov/crlocator.
Qualified empowerment zone assets are:
How to report.
Report the entire gain realized from the sale as the corporation otherwise would, without regard to the election.
On Schedule D, line 6, enter
“ Section 1397B Rollover” in column (a) and enter as a loss in column (f) the amount of gain included on Schedule D that the corporation is
electing to postpone. If the corporation is reporting the sale directly on Schedule D, line 6, use the line directly below
the line on which the sale
is reported.
See section 1397B for more details.
Gain on distributions of appreciated property.
Generally, gain (but not loss) is recognized on a nonliquidating distribution of appreciated property to the extent
that the property's fair market
value (FMV) exceeds its adjusted basis. See section 311.
Exclusion of gain from DC Zone assets.
If the corporation sold or exchanged a District of Columbia Enterprise Zone (DC Zone) asset held for more than 5 years,
it may exclude any
qualified capital gain. The exclusion applies to an interest in, or property of, certain businesses operating in the District
of Columbia.
DC Zone asset.
A DC Zone asset is any of the following.
Qualified capital gain.
Qualified capital gain is any gain recognized on the sale or exchange of a DC Zone asset, but does not include any
of the following.
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Gain treated as ordinary income under section 1245.
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Section 1250 gain figured as if section 1250 applied to all depreciation rather than the additional depreciation.
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Gain attributable to real property, or an intangible asset, that is not an integral part of a DC Zone business.
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Gain from a related-party transaction. See Sales and Exchanges Between Related Persons in chapter 2 of Pub. 544.
See Pub. 954 and section 1400B for more details on DC Zone assets and special rules.
How to report.
Report the entire gain realized from the sale or exchange as the corporation otherwise would without regard to the
exclusion. On Schedule D, line
6, enter “ DC Zone Asset” in column (a) and enter as a loss in column (f) the amount of the allowable exclusion. If reporting the sale directly on
Schedule D, line 6, use the line directly below the line on which the corporation is reporting the sale.
Exclusion of gain from qualified community assets.
If the corporation sold or exchanged a qualified community asset acquired after December 31, 2001, and held for more
than 5 years, it may exclude
any qualified capital gain. The exclusion applies to an interest in, or property of, certain qualified community assets.
Qualified community asset.
A qualified community asset is any of the following.
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Qualified community stock.
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Qualified community partnership interest.
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Qualified community business property.
Qualified capital gain.
Qualified capital gain is any gain recognized on the sale or exchange of a qualified community asset, but does not
include any of the following.
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Gain treated as ordinary income under section 1245.
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Section 1250 gain figured as if section 1250 applied to all depreciation rather than the additional depreciation.
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Gain attributable to real property, or an intangible asset, that is not an integral part of a qualified community business.
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Gain from a related-party transaction. See Sales and Exchanges Between Related Persons in chapter 2 of Pub. 544.
See Pub. 954 and section 1400F for more details on qualified community assets and special rules.
How to report.
Report the entire gain realized from the sale or exchange as the corporation otherwise would without regard to the
exclusion. On Schedule D, line
6, enter “ Qualified Community Asset” in column (a) and enter as a loss in column (f) the amount of the allowable exclusion. If reporting the sale
directly on Schedule D, line 6, use the line directly below the line on which the corporation is reporting the sale.
Gain on the constructive sale of certain appreciated financial positions.
Generally, if the corporation holds an appreciated financial position in stock or certain other interests, it may
have to recognize gain (but not
loss) if it enters into a constructive sale (such as a “ short sale against the box”). See Pub. 550, Investment Income and Expenses.
Gain from certain constructive ownership transactions.
Gain in excess of the underlying net long-term capital gain the corporation would have recognized if it had held a
financial asset directly during
the term of a derivative contract must be treated as ordinary income. See section 1260. If any portion of the constructive
ownership transaction was
open in any prior year, the corporation may have to pay interest. See section 1260(b) for details, including how to figure
the interest. Include the
interest as an additional tax on Form 1120, Schedule J, line 9 (or the applicable line for other income tax returns).
Rollover of publicly traded securities gain into specialized small business investment companies (SSBICs).
If the corporation sold publicly traded securities, it may elect under section 1044(a) to postpone all or part of
the gain on that sale if it
bought common stock or a partnership interest in an SSBIC during the 60-day period that began on the date of the sale. An
SSBIC is any partnership or
corporation licensed by the Small Business Administration under section 301(d) of the Small Business Investment Act of 1958.
The corporation must
recognize gain to the extent the sale proceeds exceed the cost (not taken into account previously) of its SSBIC stock or partnership
interest
purchased during the 60-day period that began on the date of the sale. The gain a corporation may postpone each tax year is
limited to the smaller of
(a) $1 million, reduced by the gain previously excluded under section 1044(a) or (b) $250,000. Reduce the basis of the SSBIC
stock or partnership
interest by any postponed gain.
To make the election, report the entire gain realized on the sale on line 1 or 6, whichever applies, in column (f).
Directly below the line on
which the gain is reported, enter in column (a), “ SSBIC Rollover.” Enter the amount of the postponed gain (in parentheses) in column (f). Also
attach a schedule showing (a) how the postponed gain was figured, (b) the name of the SSBIC stock in which the common stock
or partnership interest
was purchased, (c) the date of that purchase, and (d) the new basis in that SSBIC stock or partnership interest. For more
details, see section 1044
and Regulations section 1.1044(a)-1.
The corporation must make the election no later than the due date (including extensions) for filing its tax return
for the year in which it sold
the securities or partnership interest. If the original return was filed on time without making the election, the corporation
may make the election on
an amended return filed no later than 6 months after the original due date (excluding extensions). Write “ Filed pursuant to section 301.9100-2”
at the top of the amended return.
Gain on disposition of market discount bonds.
See section 1276 for rules on the disposition of market discount bonds.
Gains on certain insurance property.
Form 1120-L filers with gains on property held on December 31, 1958, and certain substituted property acquired after
1958, should see section
818(c).
Gains and losses from passive activities.
A closely held or personal service corporation that has a gain or loss that relates to a passive activity (section
469) may be required to complete
Form 8810, Corporate Passive Activity Loss and Credit Limitations, before completing Schedule D. A Schedule D loss may be
limited under the passive
activity rules. See Form 8810.
Gains and losses of foreign corporations from the disposition of investment in U.S. real property.
Foreign corporations must report gains and losses from the disposition of U.S. real property interests. See section
897.
Gain or loss on distribution of property in complete liquidation.
Generally, gain or loss is recognized on property distributed in a complete liquidation. Treat the property as if
it had been sold at its FMV. An
exception to this rule applies for liquidations of certain subsidiaries. See sections 336 and 337 for more information and
other exceptions to the
general rules.
Gain or loss on certain asset transfers to a tax-exempt entity.
A taxable corporation that transfers all or substantially all of its assets to a tax-exempt entity or converts from
a taxable corporation to a
tax-exempt entity in a transaction other than a liquidation generally must recognize gain or loss as if it had sold the assets
transferred at their
FMV. For details, see Regulations section 1.337(d)-4.
Gain or loss on an option to buy or sell property.
See sections 1032 and 1234 for the rules that apply to a purchaser or grantor of an option or a securities futures
contract (as defined in section
1234B). See Pub. 550 for details.
Gain or loss from a short sale of property.
Report the gain or loss to the extent that the property used to close the short sale is considered a capital asset
in the hands of the taxpayer.
Gain or loss on certain short-term federal, state, and municipal obligations.
These obligations are treated as capital assets in determining gain or loss. On any gain realized, a portion is treated
as ordinary income and any
remaining balance as a short-term capital gain. See section 1271.
At-risk limitations (section 465).
If the corporation sold or exchanged a capital asset used in an activity to which the at-risk rules apply, combine
the gain or loss on the sale or
exchange with the profit or loss from the activity. If the result is a net loss, complete Form 6198, At-Risk Limitations.
Report any gain from the
capital asset on Schedule D and on Form 6198.
Loss from a sale or exchange between the corporation and a related person.
Except for distributions in complete liquidation of a corporation, no loss is allowed from the sale or exchange of
property between the corporation
and certain related persons. See section 267.
Loss from a wash sale.
The corporation cannot deduct a loss from a wash sale of stock or securities (including contracts or options to acquire
or sell stock or
securities) unless the corporation is a dealer in stock or securities and the loss was sustained in a transaction made in
the ordinary course of the
corporation's trade or business. A wash sale occurs if the corporation acquires (by purchase or exchange), or has a contract
or option to acquire,
substantially identical stock or securities within 30 days before or after the date of the sale or exchange. See section 1091.
Loss from securities that are capital assets that become worthless during the year.
Except for securities held by a bank, treat the loss as a capital loss as of the last day of the tax year. See section
582 for the rules on the
treatment of securities held by a bank.
Losses limited after an ownership change or acquisition.
If the corporation has undergone an “ ownership change” as defined in section 382(g), section 383 may limit the amount of capital gains that
may be offset by prechange capital losses. Also, if a corporation acquires control of another corporation (or acquires its
assets in a
reorganization),
section 384 may limit the amount of recognized built-in capital gains that may be offset by preaquisition capital losses.
Loss from the sale or exchange of capital assets of an insurance company taxable under section 831.
Capital losses of a casualty insurance company are deductible to the extent that the assets were sold to meet abnormal
insurance losses or to
provide for the payment of dividend and similar distributions to policyholders. See section 834(c)(6).
Gains and losses from partnerships.
Report the corporation's share of capital gains and losses from investments in partnerships. Report a net short-term
capital gain (loss) in Part I.
On line 1, column (a), write “ From Schedule K-1 (Form 1065).” Enter the amount of the gain (loss) in column (f). Report net long-term capital
gains (losses) in Part II. On line 6, column (a), enter “ From Schedule K-1 (Form 1065).” Enter the amount of the gain (loss) in column (f).
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