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Concord California Form 1120 (Schedule D): What You Should Know

If the sale or exchange is a capital gain , the taxable gain or loss is  reduced by any capital gains tax refund. If the gain or loss is capital loss, the increase or decrease is taxable. If a qualified exchange, you must determine if you are a qualified party (or a beneficiary) with regard to the transaction. In the event that more than one person claims any portion of an asset, you are not a qualified party under section 1381 with respect to any portion (in determining whether the qualified party is a party). Note: There is no penalty upon claiming an exchange, or any other tax deduction, for a capital gain. If the taxpayer claims to be a qualified party, the taxpayer must provide sufficient documentation to substantiate the claim. See IRS Publication 663, Exchange With Respect to California Residences, or the Instructions to Schedule D-1 for more information. If the gain is a qualified small business (USB) loss: A USB taxpayer can deduct losses incurred in a tax-exempt USB. A taxable USB taxpayer can no longer deduct losses incurred in a tax-exempt USB. See section 988 for details. In determining losses incurred in a business activity, the gross receipts and gross business income from all business activities are used to establish net operating losses. In this section, the taxpayer is considered a USB taxpayer if the taxpayer has at least 5,000,000 of gross receipts from all sources of income from all controlled foreign corporations, qualified partnerships, or qualified organizations, or the taxpayer has gross receipts of at least 1,500,000 for the taxable year. See Publication 519. If the taxpayer receives a deduction of 5,000,000 for its taxable income on an individual return, the taxpayer is eligible to receive a deduction for 1,000,000 of gain. In general, a taxpayer is a USB taxpayer if it is a small business, or if at least 5% of the gross receipts from all controlled foreign corporations, qualified partnerships, and qualified organizations is derived directly or indirectly from taxable transactions with a USB. (See Publication 519.

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