Loss on Sale of 1244 Stock

Loss on Sale of 1244 Stock

Have you considered a loss on sale of 1244 stock as a tax strategy?

Ordinarily, a loss on a sale or exchange of stock is a capital loss.
Capital loss treatment is generally less advantageous than ordinary deduction treatment because of the fact that a capital loss recognized by an individual is applied, first against capital gain (which is usually subject to tax at a maximum marginal rate which is lower than that on ordinary income).
And, to the extent it exceeds capital gains recognized during the year, is subject to limitations on deductibility.

A Loss can count?

Fortunately, the tax law allows ordinary loss treatment on certain losses with respect to stock of small corporations (1244 stock). In general, this special treatment is only available if the following conditions are satisfied:

  1. As of the time the stock was issued, the aggregate amount that was received by the issuing corporation for stock, as contributions to capital and as paid-in surplus, must not have exceeded $1 million.
  2. The stock must have been issued for money or property (other than stock or securities). Thus, the stock can’t be issued as compensation for services.
  3. For the five years before the year the loss was sustained, the corporation must not have received 50% or more of its receipts from certain passive sources.
  4. The taxpayer claiming the special treatment must be an individual (including, if certain conditions are satisfied, individuals who claim the loss through holding an interest in a partnership that is selling the stock). The special treatment isn’t available to corporations, trusts or estates.
  5. The stock must have been issued to the individual claiming the special treatment, or to the partnership through which the individual is claiming the special treatment, and held continuously by that individual (or partnership) to the time of sale.

Not every year

In any year, the total loss treated as ordinary under these rules can’t be more than $50,000 (or $100,000 if you file a joint return).

We hope you found this article about “Loss on Sale of 1244 Stock” helpful.  If you have questions or need expert tax or family office advice that’s refreshingly objective (we never sell investments), please contact us or visit our Family office page  or our website at www.GROCO.com.

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Alan Olsen, CPA

Alan Olsen, is the Host of the American Dreams Show and the Managing Partner of GROCO.com.  GROCO is a premier family office and tax advisory firm located in the San Francisco Bay area serving clients all over the world.

Alan L. Olsen, CPA, Wikipedia Bio

 

 

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The American Dreams show was the brainchild of Alan Olsen, CPA, MBA. It was originally created to fill a specific need; often inexperienced entrepreneurs lacked basic information about raising capital and how to successfully start a business.

Alan sincerely wanted to respond to the many requests from aspiring entrepreneurs asking for the information and introductions they needed. But he had to find a way to help in which his venture capital clients and friends would not mind.

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