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Section 1202 Capital Gains Tax Exclusion Nick Grew and David Sterling September 26, 2013PresentersDavid Sterling, Partner and National Leader of M&A Tax Practice Experienced in consolidated returns,
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How to fill out section 1202 capital gains

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How to fill out section 1202 capital gains:

Obtain the necessary forms and documents:

01
Start by acquiring Form 8949, Sales and Other Dispositions of Capital Assets, and Schedule D, Capital Gains and Losses, from the Internal Revenue Service (IRS) website or your local tax office.
02
Gather all relevant documentation related to the sale or disposition of qualified small business stock (QSBS) that occurred during the tax year in question.

Determine if you qualify for section 1202 capital gains:

01
Section 1202 of the Internal Revenue Code provides potential tax benefits for investors in qualified small businesses.
02
Check if your stock meets the criteria for qualified small business stock: it must be acquired directly from a C corporation, issued after August 10, 1993, and meet specific requirements regarding the nature and length of the holding period.
03
Make sure you meet all the qualifications before proceeding with the section 1202 capital gains filing.

Complete Form 8949:

01
Report each sale or disposition of QSBS on Form 8949. Provide details such as the date of acquisition and sale, the proceeds from the sale, and the cost or other basis of the stock.
02
Use separate rows for each transaction and accurately report the gain or loss associated with each sale.
03
Ensure you report all necessary information and calculations correctly to avoid potential audits or penalties.

Transfer information to Schedule D:

01
Once you have completed Form 8949, transfer the aggregate totals from specific columns on that form to Schedule D.
02
Take into account any adjustments or additional calculations required for various types of transactions, such as wash sales or installment sales.
03
Fill out Schedule D accurately, including the appropriate section for reporting section 1202 capital gains, as instructed.

Calculate and report the section 1202 exclusion:

01
Determine the maximum exclusion allowable for your qualifying stock. Generally, this exclusion can be up to 100% of the gain realized from the sale or disposition of qualified small business stock.
02
Calculate the section 1202 exclusion by multiplying the eligible gain by the applicable exclusion percentage (e.g., 50% or 100%) as determined by the tax year in question.
03
Report the excluded amount on the designated line of your tax return, typically on Form 1040 or other relevant tax forms.

Who needs section 1202 capital gains?

Investors in qualified small businesses:

01
Individuals or entities who have invested in qualified small businesses and hold qualified small business stock may potentially benefit from section 1202 capital gains.
02
Investors who meet the requirements outlined by the IRS and have realized gains from the sale or disposition of qualifying stock can take advantage of potential exclusions or reductions in their taxable income.

Small business owners:

01
Founders or owners of small businesses that issue qualified small business stock may benefit from understanding section 1202 capital gains.
02
By having a clear understanding of the qualifications and potential tax advantages available to investors, small business owners can attract and retain investment capital more effectively.

Tax professionals:

01
Tax professionals, such as accountants or tax advisors, need to be familiar with section 1202 capital gains in order to provide accurate advice and assistance to their clients.
02
Staying abreast of any updates or changes related to section 1202 can help tax professionals ensure their clients optimize their tax strategies and comply with relevant regulations.
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