U.S. Individual Income Tax Return

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Page 1 of 10 of 2008 Instructions for Schedule D

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Department of the Treasury
Internal Revenue Service

2008 Instructions for Schedule D
Use Schedule D (Form 1040) to report the following.
• The sale or exchange of a capital asset (defined on this page) not reported on another
Capital Gains
form or schedule.
• Gains from involuntary conversions (other than from casualty or theft) of capital assets
and Losses
not held for business or profit.

• Capital gain distributions not reported directly on Form 1040, line 13 (or effectively
connected capital gain distributions not reported directly on Form 1040NR, line 14).
• Nonbusiness bad debts.
Additional information. See Pub. 544 and Pub. 550 for more details. For a comprehensive
filled-in example of Schedule D, see Pub. 550.

Section references are to the Internal
Revenue Code unless otherwise noted.

What’s New
Tax rate on qualified dividends and net
capital gain reduced. The 5% tax rate on

qualified dividends and net capital gain is
reduced to zero. The line on last year’s
Schedule D Tax Worksheet that reflected
the 5% rate has been deleted.
Sale of your home. A surviving spouse

may be able to exclude up to $500,000 of
gain from the sale or exchange of a main
home after 2007. Also, the election to suspend the 5-year test period for ownership
and use of a main home now can be made
by Peace Corps employees and volunteers
serving outside the United States. See Sale
of Your Home on page D-2.
Deemed sales by expatriates. If you give

up your citizenship after June 16, 2008, you
may be treated as having sold all your property for its fair market value on the day
before you gave up your citizenship. This
also applies to long-term U.S. residents
who cease to be lawful permanent residents. For details, exceptions, and rules
for reporting these deemed sales, see Pub.
519 and Form 8854.

General Instructions
Other Forms You May Have
To File
Use Form 4797 to report the following.
1. The sale or exchange of:
a. Property used in a trade or business;
b. Depreciable and amortizable property;
c. Oil, gas, geothermal, or other mineral
property; and
d. Section 126 property.
2. The involuntary conversion (other
than from casualty or theft) of property
used in a trade or business and capital assets held for business or profit.

3. The disposition of noncapital assets
other than inventory or property held primarily for sale to customers in the ordinary
course of your trade or business.
4. Ordinary loss on the sale, exchange,
or worthlessness of small business investment company (section 1242) stock.
5. Ordinary loss on the sale, exchange,
or worthlessness of small business (section
1244) stock.
6. Ordinary gain or loss on securities
held in connection with your trading business, if you previously made a
mark-to-market election. See Traders in
Securities on page D-3.
Use Form 4684 to report involuntary
conversions of property due to casualty or
theft.
Use Form 6781 to report gains and
losses from section 1256 contracts and
straddles.
Use Form 8824 to report like-kind exchanges. A like-kind exchange occurs
when you exchange business or investment
property for property of a like kind.

similar property); or (c) that you received
from someone who created them or for
whom they were created, as mentioned in
(a) or (b), in a way (such as by gift) that
entitled you to the basis of the previous
owner. But see the Tip on this page.
• U.S. Government publications, including the Congressional Record, that you
received from the Government, other than
by purchase at the normal sales price, or
that you got from someone who had received it in a similar way, if your basis is
determined by reference to the previous
owner’s basis.
• Certain commodities derivative financial instruments held by a dealer. See section 1221(a)(6).
• Certain hedging transactions entered
into in the normal course of your trade or
business. See section 1221(a)(7).
• Supplies regularly used in your trade
or business.

TIP

You can elect to treat as capital
assets certain musical compositions or copyrights you sold or
exchanged. See Pub. 550 for

Capital Asset

details.

Most property you own and use for personal purposes, pleasure, or investment is a
capital asset. For example, your house, furniture, car, stocks, and bonds are capital
assets. A capital asset is any property held
by you except the following.
• Stock in trade or other property included in inventory or held mainly for sale
to customers. But see the Tip on this page.
• Accounts or notes receivable for services performed in the ordinary course of
your trade or business or as an employee, or
from the sale of stock in trade or other
property held mainly for sale to customers.
• Depreciable property used in your
trade or business, even if it is fully depreciated.
• Real estate used in your trade or business.
• Copyrights, literary, musical, or artistic compositions, letters or memoranda, or
similar property (a) created by your personal efforts; (b) prepared or produced for
you (in the case of letters, memoranda, or

Basis and Recordkeeping

D-1
Cat. No. 24331I

Basis is the amount of your investment in
property for tax purposes. You need to
know your basis to figure any gain or loss
on the sale or other disposition of the property. You must keep accurate records that
show the basis and adjusted basis of your
property. Your records should show the
purchase price, including commissions; increases to basis, such as the cost of improvements; and decreases to basis, such as
depreciation, nondividend distributions on
stock, and stock splits.
For more information on basis, see page
D-7 and these publications.
• Pub. 551, Basis of Assets.
• Pub. 550, Investment Income and
Expenses (Including Capital Gains and
Losses).
• Pub. 564, Mutual Fund Distributions.
If you lost or did not keep records to
determine your basis in securities, contact
your broker for help.

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The IRS partners with companies that offer Schedule D
software that can import trades
from many brokerage firms and
accounting software to help you keep track
of your adjusted basis in securities. To find
out more, go to www.irs.gov/efile.

TIP

Short Term or Long Term
Separate your capital gains and losses according to how long you held or owned the
property. The holding period for short-term
capital gains and losses is 1 year or less.
The holding period for long-term capital
gains and losses is more than 1 year. To
figure the holding period, begin counting
on the day after you received the property
and include the day you disposed of it.
If you disposed of property that you acquired by inheritance, report the disposition
as a long-term gain or loss, regardless of
how long you held the property.
A nonbusiness bad debt must be treated
as a short-term capital loss. See Pub. 550
for what qualifies as a nonbusiness bad
debt and how to enter it on Schedule D.

Capital Gain Distributions
These distributions are paid by a mutual
fund (or other regulated investment company) or real estate investment trust from
its net realized long-term capital gains. Distributions of net realized short-term capital
gains are not treated as capital gains. Instead, they are included on Form 1099-DIV
as ordinary dividends.
Enter on line 13 the total capital gain
distributions paid to you during the year,
regardless of how long you held your investment. This amount is shown in box 2a
of Form 1099-DIV.
If there is an amount in box 2b, include
that amount on line 11 of the Unrecaptured
Section 1250 Gain Worksheet on page D-9
if you complete line 19 of Schedule D.
If there is an amount in box 2c, see
Exclusion of Gain on Qualified Small Business (QSB) Stock on page D-4.
If there is an amount in box 2d, include
that amount on line 4 of the 28% Rate Gain
Worksheet on page D-8 if you complete
line 18 of Schedule D.
If you received capital gain distributions
as a nominee (that is, they were paid to you
but actually belong to someone else), report
on line 13 only the amount that belongs to
you. Attach a statement showing the full
amount you received and the amount you
received as a nominee. See the Instructions
for Schedule B for filing requirements for
Forms 1099-DIV and 1096.

Sale of Your Home
If you sold or exchanged your main home,
do not report it on your tax return unless
your gain is more than your exclusion
amount. Your exclusion amount is zero if:
• You acquired your home in a
like-kind exchange in which all or part of
the gain was not recognized, and
• You sold or exchanged the home during the 5-year period beginning on the date
you acquired it.

Generally, if you meet the two following
tests, you can exclude up to $250,000 of
gain. If both you and your spouse meet
these tests and you file a joint return, you
can exclude up to $500,000 of gain (but
only one spouse needs to meet the ownership requirement in Test 1).
Test 1. You owned and used the home as
your main home for 2 years or more during
the 5-year period ending on the date you
sold or exchanged your home.
Test 2. You have not excluded gain on the
sale or exchange of another main home
during the 2-year period ending on the date
of the sale or exchange of your home.
Even if you do not meet one or both of
the above two tests, you still can claim an
exclusion if you sold or exchanged the
home because of a change in place of employment, health, or certain unforeseen circumstances. In this case, the maximum
amount of gain you can exclude is reduced.
If your spouse died before the sale or
exchange, you can exclude up to $500,000
of gain if:
• The sale or exchange is no later than 2
years after your spouse’s death,
• Just before your spouse’s death, both
spouses met the use requirement of Test 1,
at least one spouse met the ownership requirement of Test 1, and both spouses met
Test 2, and
• You did not remarry before the sale or
exchange.
You can choose to have the 5-year test
period for ownership and use in Test 1
above suspended during any period you or
your spouse serve outside the United States
as a Peace Corps volunteer or serve on
qualified official extended duty as a member of the uniformed services or Foreign
Service of the United States, as an employee of the intelligence community, or
outside the United States as an employee of
the Peace Corps. This means you may be
able to meet Test 1 even if, because of your
service, you did not actually use the home
as your main home for at least the required
2 years during the 5-year period ending on
the date of sale.
See Pub. 523 for details, including how
to report any taxable gain if:
• You (or your spouse if married) used
any part of the home for business or rental
purposes after May 6, 1997, or
• Your gain is more than your exclusion
amount.

Partnership Interests
A sale or other disposition of an interest in
a partnership may result in ordinary income, collectibles gain (28% rate gain), or
unrecaptured section 1250 gain. For details
on 28% rate gain, see the instructions for
line 18 on page D-8. For details on unrecaptured section 1250 gain, see the instructions for line 19 beginning on page D-8.

Capital Assets Held for
Personal Use
Generally, gain from the sale or exchange
of a capital asset held for personal use is a

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capital gain. Report it on Schedule D, Part I
or Part II. However, if you converted
depreciable property to personal use, all or
part of the gain on the sale or exchange of
that property may have to be recaptured as
ordinary income. Use Part III of Form 4797
to figure the amount of ordinary income
recapture. The recapture amount is included on line 31 (and line 13) of Form
4797. Do not enter any gain for this property on line 32 of Form 4797. If you are not
completing Part III for any other properties,
enter “N/A” on line 32. If the total gain is
more than the recapture amount, enter
“From Form 4797” in column (a) of line 1
or line 8 of Schedule D, skip columns (b)
through (e), and in column (f) enter the
excess of the total gain over the recapture
amount.
Loss from the sale or exchange of a capital asset held for personal use is not deductible. But if you had a loss from the sale
or exchange of real estate held for personal
use for which you received a Form 1099-S,
you must report the transaction on Schedule D even though the loss is not deductible. For example, you have a loss on the
sale of a vacation home that is not your
main home and you received a Form
1099-S for the transaction. Report the
transaction on line 1 or 8, depending on
how long you owned the home. Complete
columns (a) through (e). Because the loss is
not deductible, enter -0- in column (f).

Capital Losses
You can deduct capital losses up to the
amount of your capital gains plus $3,000
($1,500 if married filing separately). You
may be able to use capital losses that exceed this limit in future years. For details,
see the instructions for line 21 on page D-9.
Be sure to report all of your capital gains
and losses (except nondeductible losses)
even if you cannot use all of your losses in
2008.

Nondeductible Losses
Do not deduct a loss from the direct or
indirect sale or exchange of property between any of the following.
• Members of a family.
• A corporation and an individual owning more than 50% of the corporation’s
stock (unless the loss is from a distribution
in complete liquidation of a corporation).
• A grantor and a fiduciary of a trust.
• A fiduciary and a beneficiary of the
same trust.
• A fiduciary and a beneficiary of another trust created by the same grantor.
• An executor of an estate and a beneficiary of that estate, unless the sale or exchange was to satisfy a pecuniary bequest
(that is, a bequest of a sum of money).
• An individual and a tax-exempt organization controlled by the individual or
the individual’s family.
See Pub. 544 for more details on sales
and exchanges between related parties.
If you disposed of (a) an asset used in an
activity to which the at-risk rules apply or
(b) any part of your interest in an activity to
which the at-risk rules apply, and you have

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amounts in the activity for which you are
not at risk, see the Instructions for Form
6198.
If the loss is allowable under the at-risk
rules, it then may be subject to the passive
activity rules. See Form 8582 and its instructions for details on reporting capital
gains and losses from a passive activity.

Items for Special Treatment
• Transactions by a securities dealer.

See section 1236.
• Bonds and other debt instruments.
See Pub. 550.
• Certain real estate subdivided for sale
that may be considered a capital asset. See
section 1237.
• Gain on the sale of depreciable property to a more than 50% owned entity or to
a trust of which you are a beneficiary. See
Pub. 544.
• Gain on the disposition of stock in an
interest charge domestic international sales
corporation. See section 995(c).
• Gain on the sale or exchange of stock
in certain foreign corporations. See section
1248.
• Transfer of property to a partnership
that would be treated as an investment
company if it were incorporated. See Pub.
541.
• Sales of stock received under a qualified public utility dividend reinvestment
plan. See Pub. 550.
• Transfer of appreciated property to a
political organization. See section 84.
• If you give up your U.S. citizenship
after June 16, 2008, you may be treated as
having sold all your property for its fair
market value on the day before you gave up
your citizenship. This also applies to
long-term U.S. residents who cease to be
lawful permanent residents after June 16,
2008. For details, exceptions, and rules for
reporting these deemed sales, see Pub. 519
and Form 8854.
• In general, no gain or loss is recognized on the transfer of property from an
individual to a spouse or a former spouse if
the transfer is incident to a divorce. See
Pub. 504.
• Amounts received on the retirement
of a debt instrument generally are treated as
received in exchange for the debt instrument. See Pub. 550.
• Any loss on the disposition of converted wetland or highly erodible cropland
that is first used for farming after March 1,
1986, is reported as a long-term capital loss
on Schedule D, but any gain is reported as
ordinary income on Form 4797.
• If qualified dividends that you reported on Form 1040, line 9b, or Form
1040NR, line 10b, include extraordinary
dividends, any loss on the sale or exchange
of the stock is a long-term capital loss to the
extent of the extraordinary dividends. An
extraordinary dividend is a dividend that
equals or exceeds 10% (5% in the case of
preferred stock) of your basis in the stock.
• Amounts received by shareholders in
corporate liquidations. See Pub. 550.

• Cash received in lieu of fractional
shares of stock as a result of a stock split or
stock dividend. See Pub. 550.
• Load charges to acquire stock in a regulated investment company (including a
mutual fund), which may not be taken into
account in determining gain or loss on certain dispositions of the stock if reinvestment rights were exercised. See Pub. 564.
• The sale or exchange of S corporation
stock or an interest in a trust held for more
than 1 year, which may result in collectibles gain (28% rate gain). See the instructions for line 18 on page D-8.
• Gain or loss on the disposition of securities futures contracts. See Pub. 550.
• Gain on the constructive sale of certain appreciated financial positions. See
Pub. 550.
• Certain constructive ownership transactions. Gain in excess of the gain you
would have recognized if you 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, you
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 1040, line 61 (or Form
1040NR, line 57). Write “Section 1260(b)
interest” and the amount of the interest to
the left of line 61 (or Form 1040NR, line
57). This interest is not deductible.
• The sale of publicly traded securities,
if you elect to postpone gain by purchasing
common stock or a partnership interest in a
specialized small business investment company during the 60-day period that began
on the date of the sale. See Pub. 550.
• The sale of qualified securities, held
for at least 3 years, to an employee stock
ownership plan or eligible worker-owned
cooperative, if you elect to postpone gain
by purchasing qualified replacement property. See Pub. 550.
• Gain or loss from the disposition of
stock or other securities in an investment
club. See Pub. 550.

Wash Sales
A wash sale occurs when you sell or otherwise dispose of stock or securities (including a contract or option to acquire or sell
stock or securities) at a loss and, within 30
days before or after the sale or disposition,
you:
1. Buy substantially identical stock or
securities,
2. Acquire substantially identical stock
or securities in a fully taxable trade,
3. Enter into a contract or option to acquire substantially identical stock or securities, or
4. Acquire substantially identical stock
or securities for your individual retirement
arrangement (IRA) or Roth IRA.
You cannot deduct losses from wash
sales unless the loss was incurred in the
ordinary course of your business as a dealer
in stock or securities. The basis of the substantially identical property (or contract or

D-3

option to acquire such property) is its cost
increased by the disallowed loss (except in
the case of (4) above). For more details on
wash sales, see Pub. 550.
Report a wash sale transaction on line 1
or 8. Enter the full amount of the (loss) in
column (f). Directly below the line on
which you reported the loss, enter “Wash
Sale” in column (a), and enter as a positive
amount in column (f) the amount of the loss
not allowed.

Traders in Securities
You are a trader in securities if you are
engaged in the business of buying and selling securities for your own account. To be
engaged in business as a trader in securities, all of the following statements must be
true.
• You must seek to profit from daily
market movements in the prices of securities and not from dividends, interest, or
capital appreciation.
• Your activity must be substantial.
• You must carry on the activity with
continuity and regularity.
The following facts and circumstances
should be considered in determining if your
activity is a business.
• Typical holding periods for securities
bought and sold.
• The frequency and dollar amount of
your trades during the year.
• The extent to which you pursue the
activity to produce income for a livelihood.
• The amount of time you devote to the
activity.
You are considered an investor, and not
a trader, if your activity does not meet the
above definition of a business. It does not
matter whether you call yourself a trader or
a “day trader.”
Like an investor, a trader must report
each sale of securities (taking into account
commissions and any other costs of acquiring or disposing of the securities) on
Schedule D or D-1 or on an attached statement containing all the same information
for each sale in a similar format. However,
if a trader previously made the
mark-to-market election (see page D-4),
each transaction is reported in Part II of
Form 4797 instead of Schedules D and D-1.
Regardless of whether a trader reports his
or her gains and losses on Schedules D and
D-1 or Form 4797, the gain or loss from the
disposition of securities is not taken into
account when figuring net earnings from
self-employment on Schedule SE. See the
Instructions for Schedule SE for an exception that applies to section 1256 contracts.
The limitation on investment interest
expense that applies to investors does not
apply to interest paid or incurred in a trading business. A trader reports interest expense and other expenses (excluding
commissions and other costs of acquiring
or disposing of securities) from a trading
business on Schedule C (instead of Schedule A).
A trader also may hold securities for
investment. The rules for investors generally will apply to those securities. Allocate

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interest and other expenses between your
trading business and your investment securities.

Mark-To-Market Election for
Traders
A trader may make an election under section 475(f) to report all gains and losses
from securities held in connection with a
trading business as ordinary income (or
loss), including those from securities held
at the end of the year. Securities held at the
end of the year are “marked to market” by
treating them as if they were sold (and reacquired) for fair market value on the last
business day of the year. Generally, the
election must be made by the due date (not
including extensions) of the tax return for
the year prior to the year for which the
election becomes effective. To be effective
for 2008, the election must have been made
by April 15, 2008.
Starting with the year the election becomes effective, a trader reports all gains
and losses from securities held in connection with the trading business, including
securities held at the end of the year, in Part
II of Form 4797. If you previously made
the election, see the Instructions for Form
4797. For details on making the
mark-to-market election for 2009, see Pub.
550 or Rev. Proc. 99-17, 1999-1 C.B. 503.
You can find Rev. Proc. 99-17 on page 52
of Internal Revenue Bulletin 1999-7 at
www.irs.gov/pub/irs-irbs/irb99-07.pdf.
If you hold securities for investment,
you must identify them as such in your
records on the day you acquired them (for
example, by holding the securities in a separate brokerage account). Securities held
for investment are not marked-to-market.

Short Sales
A short sale is a contract to sell property
you borrowed for delivery to a buyer. At a
later date, you either buy substantially
identical property and deliver it to the
lender or deliver property that you held but
did not want to transfer at the time of the
sale. Usually, your holding period is the
amount of time you actually held the property eventually delivered to the lender to
close the short sale. However, your gain
when closing a short sale is short term if
you (a) held substantially identical property
for 1 year or less on the date of the short
sale, or (b) acquired property substantially
identical to the property sold short after the
short sale but on or before the date you
close the short sale. If you held substantially identical property for more than 1
year on the date of a short sale, any loss
realized on the short sale is a long-term
capital loss, even if the property used to
close the short sale was held 1 year or less.

Gain or Loss From Options
Report on Schedule D gain or loss from the
closing or expiration of an option that is not
a section 1256 contract but is a capital asset
in your hands. If an option you purchased
expired, enter the expiration date in column
(c) and enter “EXPIRED” in column (d). If
an option that was granted (written) expired, enter the expiration date in column
(b) and enter “EXPIRED” in column (e).

Fill in the other columns as appropriate.
See Pub. 550 for details.

Undistributed Capital Gains
Include on line 11 the amount from box 1a
of Form 2439. This represents your share of
the undistributed long-term capital gains of
the regulated investment company (including a mutual fund) or real estate investment
trust.
If there is an amount in box 1b, include
that amount on line 11 of the Unrecaptured
Section 1250 Gain Worksheet on page D-9
if you complete line 19 of Schedule D.
If there is an amount in box 1c, see
Exclusion of Gain on Qualified Small Business (QSB) Stock on this page.
If there is an amount in box 1d, include
that amount on line 4 of the 28% Rate Gain
Worksheet on page D-8 if you complete
line 18 of Schedule D.
Enter on Form 1040, line 68, or Form
1040NR, line 63, the tax paid as shown in
box 2 of Form 2439. Also check the box for
Form 2439. Add to the basis of your stock
the excess of the amount included in income over the amount of the credit for the
tax paid. See Pub. 550 for details.

Installment Sales
If you sold property (other than publicly
traded stocks or securities) at a gain and
you will receive a payment in a tax year
after the year of sale, you generally must
report the sale on the installment method
unless you elect not to. Use Form 6252 to
report the sale on the installment method.
Also use Form 6252 to report any payment
received in 2008 from a sale made in an
earlier year that you reported on the installment method.
To elect out of the installment method,
report the full amount of the gain on Schedule D on a timely filed return (including
extensions) for the year of the sale. If your
original return was filed on time, you can
make the election on an amended return
filed no later than 6 months after the due
date of your return (excluding extensions).
Write “Filed pursuant to section
301.9100-2” at the top of the amended return.

Demutualization of Life
Insurance Companies
Demutualization of a life insurance company occurs when a mutual life insurance
company changes to a stock company. If
you were a policyholder or annuitant of the
mutual company, you may have received
either stock in the stock company or cash in
exchange for your equity interest in the mutual company. The basis of your equity interest in the mutual company is considered
to be zero.
If the demutualization transaction qualifies as a tax-free reorganization, no gain is
recognized on the exchange of your equity
interest in the mutual company for stock.
The company can advise you if the transaction is a tax-free reorganization. Because
the basis of your equity interest in the mutual company is considered to be zero, your
basis in the stock received is zero. Your

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holding period for the new stock includes
the period you held an equity interest in the
mutual company. If you received cash in
exchange for your equity interest, you must
recognize a capital gain in an amount equal
to the cash received. If you held the equity
interest for more than 1 year, report the
gain as a long-term capital gain on line 8. If
you held the equity interest for 1 year or
less, report the gain as a short-term capital
gain on line 1.
If the demutualization transaction does
not qualify as a tax-free reorganization, you
must recognize a capital gain in an amount
equal to the cash and fair market value of
the stock received. If you held the equity
interest for more than 1 year, report the
gain as a long-term capital gain on line 8. If
you held the equity interest for 1 year or
less, report the gain as a short-term capital
gain on line 1. Your holding period for the
new stock begins on the day after you received the stock.

Exclusion of Gain on
Qualified Small Business
(QSB) Stock
Section 1202 allows for an exclusion of up
to 50% of the eligible gain on the sale or
exchange of QSB stock. The section 1202
exclusion applies only to QSB stock held
for more than 5 years. The exclusion can be
up to 60% for certain empowerment zone
business stock. See Empowerment Zone
Business Stock on page D-5.
To be QSB stock, the stock must meet
all of the following tests.
1. It must be stock in a C corporation
(that is, not S corporation stock).
2. It must have been originally issued
after August 10, 1993.
3. As of the date the stock was issued,
the corporation was a domestic C corporation with total gross assets of $50 million or
less (a) at all times after August 9, 1993,
and before the stock was issued, and (b)
immediately after the stock was issued.
Gross assets include those of any predecessor of the corporation. All corporations that
are members of the same parent-subsidiary
controlled group are treated as one corporation.
4. You must have acquired the stock at
its original issue (either directly or through
an underwriter), either in exchange for
money or other property or as pay for services (other than as an underwriter) to the
corporation. In certain cases, you may meet
the test if you acquired the stock from another person who met the test (such as by
gift or inheritance) or through a conversion
or exchange of QSB stock you held.
5. During substantially all the time you
held the stock:
a. The corporation was a C corporation,
b. At least 80% of the value of the
corporation’s assets were used in the active
conduct of one or more qualified businesses (defined below), and
c. The corporation was not a foreign
corporation, DISC, former DISC, regulated
investment company, real estate investment trust, REMIC, FASIT, cooperative, or

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a corporation that has made (or that has a
subsidiary that has made) a section 936
election.

SSBIC. A specialized small
business investment company
(SSBIC) is treated as having
met test 5b.
Qualified Business
A qualified business is any business that is
not one of the following.
• A business involving services performed in the fields of health, law, engineering, architecture, accounting, actuarial
science, performing arts, consulting, athletics, financial services, or brokerage services.
• A business whose principal asset is
the reputation or skill of one or more employees.
• A banking, insurance, financing, leasing, investing, or similar business.
• A farming business (including the
raising or harvesting of trees).
• A business involving the production
of products for which percentage depletion
can be claimed.
• A business of operating a hotel, motel,
restaurant, or similar business.
For more details about limits and additional requirements that may apply, see
section 1202.
Empowerment Zone Business
Stock
You generally can exclude up to 60% of
your gain if you meet the following additional requirements.
1. The stock you sold or exchanged was
stock in a corporation that qualified as an
empowerment zone business during substantially all of the time you held the stock.
2. You acquired the stock after December 21, 2000.

TIP

Requirement 1 will still be met if the
corporation ceased to qualify after the
5-year period that began on the date you
acquired the stock. However, the gain that
qualifies for the 60% exclusion cannot be
more than the gain you would have had if
you had sold the stock on the date the corporation ceased to qualify.
For more information about empowerment zone businesses, see Pub. 954.

Pass-Through Entities
If you held an interest in a pass-through
entity (a partnership, S corporation, or mutual fund or other regulated investment
company) that sold QSB stock, to qualify
for the exclusion you must have held the
interest on the date the pass-through entity
acquired the QSB stock and at all times
thereafter until the stock was sold.

How To Report
Report on line 8 the entire gain realized on
the sale of QSB stock. Complete all columns as indicated. Directly below the line
on which you reported the gain, enter in
column (a) “Section 1202 exclusion” and
enter as a loss in column (f) the amount of
the allowable exclusion. If you are com-

pleting line 18 of Schedule D, enter as a
positive number the amount of your allowable exclusion on line 2 of the 28% Rate
Gain Worksheet on page D-8; if you excluded 60% of the gain, enter 2⁄3 of the
exclusion.
Gain from Form 1099-DIV. If you received a Form 1099-DIV with a gain in box
2c, part or all of that gain (which is also
included in box 2a) may be eligible for the
section 1202 exclusion. In column (a) of
line 8, enter the name of the corporation
whose stock was sold. In column (f), enter
the amount of your allowable exclusion as
a loss. If you are completing line 18 of
Schedule D, enter as a positive number the
amount of your allowable exclusion on line
2 of the 28% Rate Gain Worksheet on page
D-8; if you excluded 60% of the gain, enter
2⁄3 of the exclusion.
Gain from Form 2439. If you received a
Form 2439 with a gain in box 1c, part or all
of that gain (which is also included in box
1a) may be eligible for the section 1202
exclusion. In column (a) of line 8, enter the
name of the corporation whose stock was
sold. In column (f), enter the amount of
your allowable exclusion as a loss. If you
are completing line 18 of Schedule D, enter
as a positive number the amount of your
allowable exclusion on line 2 of the 28%
Rate Gain Worksheet on page D-8; if you
excluded 60% of the gain, enter 2⁄3 of the
exclusion.
Gain from an installment sale of QSB
stock. If all payments are not received in

the year of sale, a sale of QSB stock that is
not traded on an established securities market generally is treated as an installment
sale and is reported on Form 6252. Figure
the allowable section 1202 exclusion for
the year by multiplying the total amount of
the exclusion by a fraction, the numerator
of which is the amount of eligible gain to be
recognized for the tax year and the denominator of which is the total amount of eligible gain. In column (a) of line 8, enter the
name of the corporation whose stock was
sold. In column (f), enter the amount of
your allowable exclusion as a loss. If you
are completing line 18 of Schedule D, enter
as a positive number the amount of your
allowable exclusion on line 2 of the 28%
Rate Gain Worksheet on page D-8; if you
excluded 60% of the gain, enter 2⁄3 of the
exclusion.
Alternative minimum tax. You must enter
7% of your allowable exclusion for the year
on line 13 of Form 6251.

Rollover of Gain From QSB
Stock
If you sold QSB stock (defined beginning
on page D-4) that you held for more than 6
months, you can elect to postpone gain if
you purchase other QSB stock during the
60-day period that began on the date of the
sale. A pass-through entity also can make
the election to postpone gain. The benefit
of the postponed gain applies to your share
of the entity’s postponed gain if you held an
interest in the entity for the entire period the
entity held the QSB stock. If a pass-through
entity sold QSB stock held for more than 6
months and you held an interest in the en-

D-5

tity for the entire period the entity held the
stock, you also can elect to postpone gain if
you, rather than the pass-through entity,
purchase the replacement QSB stock
within the 60-day period. If you were a
partner in a partnership that sold or bought
QSB stock, see box 11 of the Schedule K-1
(Form 1065) sent to you by the partnership
and Regulations section 1.1045-1.
You must recognize gain to the extent
the sale proceeds exceed the cost of the
replacement stock. Reduce the basis of the
replacement stock by any postponed gain.
You must make the election no later
than the due date (including extensions) for
filing your tax return for the tax year in
which the QSB stock was sold. If your original return was filed on time, you can make
the election on an amended return filed no
later than 6 months after the due date of
your return (excluding extensions). Write
“Filed pursuant to section 301.9100-2” at
the top of the amended return.
To make the election, report the entire
gain realized on the sale on line 1 or 8.
Directly below the line on which you reported the gain, enter in column (a) “Section 1045 rollover,” and enter the amount
of the postponed gain as a (loss) in column
(f).

Rollover of Gain From
Empowerment Zone Assets
If you sold a qualified empowerment zone
asset that you held for more than 1 year,
you may be able to elect to postpone part or
all of the gain that you would otherwise
include on Schedule D. If you make 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) you purchased during the 60-day period beginning on the date
of the sale. The following rules apply.
• 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.
• The replacement property must qualify as an empowerment zone asset with respect to the same empowerment zone as the
asset sold.
• You must reduce the basis of the replacement property by the amount of postponed gain.
• This election does not apply to any
gain (a) treated as ordinary income or (b)
attributable to real property, or an intangible asset, that is not an integral part of an
enterprise zone business.
• The District of Columbia enterprise
zone is not treated as an empowerment
zone for this purpose.
• The election is irrevocable without
IRS consent.
See Pub. 954 for the definition of empowerment zone and enterprise zone business. You can find out if your business is
located within an empowerment zone by
using the RC/EZ/EC Address Locator at
www.hud.gov/crlocator.

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Qualified empowerment zone assets
are:
1. Tangible property, if:
a. You acquired the property after December 21, 2000,
b. The original use of the property in the
empowerment zone began with you, and
c. Substantially all of the use of the
property, during substantially all of the
time that you held it, was in your enterprise
zone business; and
2. Stock in a domestic corporation or a
capital or profits interest in a domestic partnership, if:
a. You acquired the stock or partnership
interest after December 21, 2000, solely in
exchange for cash, from the corporation at
its original issue (directly or through an
underwriter) or from the partnership;
b. The business was an enterprise zone
business (or a new business being organized as an enterprise zone business) as of
the time you acquired the stock or partnership interest; and
c. The business qualified as an enterprise zone business during substantially all
of the time you held the stock or partnership interest.
How to report. Report the entire gain real-

ized from the sale as you otherwise would
without regard to the election. On Schedule
D, line 8, enter “Section 1397B Rollover”
in column (a) and enter as a loss in column
(f) the amount of gain included on Schedule D that you are electing to postpone. If
you are reporting the sale directly on
Schedule D, line 8, use the line directly
below the line on which you are reporting
the sale.

• Gain attributable to real property, or
an intangible asset, that is not an integral
part of a DC Zone business.
• 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 you otherwise would without regard to the
exclusion. On Schedule D, line 8, enter
“DC Zone Asset” in column (a) and enter
as a loss in column (f) the amount of the
allowable exclusion. If you are reporting
the sale directly on Schedule D, line 8, use
the line directly below the line on which
you are reporting the sale.

Exclusion of Gain From
Qualified Community Assets
If you sold or exchanged a qualified community asset that you acquired after 2001
and held for more than 5 years, you may be
able to exclude the qualified capital gain
that you would otherwise include on
Schedule D. The exclusion applies to an
interest in, or property of, certain renewal
community businesses.
Qualified community asset. A qualified

community asset is any of the following.
• Qualified community stock.
• Qualified community partnership interest.
• Qualified community business property.
Qualified capital gain. Qualified capital

If you sold or exchanged a District of Columbia Enterprise Zone (DC Zone) asset
that you acquired after 1997 and held for
more than 5 years, you may be able to exclude the amount of qualified capital gain
that you would otherwise include on
Schedule D. The exclusion applies to an
interest in, or property of, certain businesses operating in the District of Columbia.

gain is any gain recognized on the sale or
exchange of a qualified community asset
but does not include any of the following.
• Gain treated as ordinary income under
section 1245.
• Section 1250 gain figured as if section
1250 applied to all depreciation rather than
the additional depreciation.
• Gain attributable to real property, or
an intangible asset, that is not an integral
part of a qualified community business.
• 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 and special rules.

DC Zone asset. A DC Zone asset is any of

How to report. Report the entire gain real-

See section 1397B for more details.

Exclusion of Gain From DC
Zone Assets

the following.
• DC Zone business stock.
• DC Zone partnership interest.
• DC Zone business property.
Qualified capital gain. Qualified capital
gain is any gain recognized on the sale or
exchange of a DC Zone asset that is a capital asset or property used in a trade or business. It does not include any of the
following gains.
• Gain treated as ordinary income under
section 1245.
• Section 1250 gain figured as if section
1250 applied to all depreciation rather than
the additional depreciation.

ized from the sale or exchange as you otherwise would without regard to the
exclusion. On Schedule D, line 8, enter
“Qualified Community Asset” in column
(a) and enter as a loss in column (f) the
amount of the allowable exclusion. If you
are reporting the sale directly on Schedule
D, line 8, use the line directly below the
line on which you are reporting the sale.

Specific Instructions
Lines 1 and 8
Enter all sales and exchanges of capital assets, including stocks, bonds, etc., and real

D-6

estate (if not reported on Form 4684, 4797,
6252, 6781, or 8824). But do not report the
sale or exchange of your main home unless
required (see page D-2). Include these
transactions even if you did not receive a
Form 1099-B or 1099-S (or substitute statement) for the transaction. You can use
stock ticker symbols or abbreviations to describe the property as long as they are based
on the descriptions of the property as
shown on Form 1099-B or 1099-S (or substitute statement).
You must enter the details of each transaction on a separate line of Schedule D. If
you have more than five transactions to
report on line 1 or line 8, you can report the
additional transactions on Schedule D-1.
Instead of reporting your transactions on
Schedules D and D-1, you can report them
on an attached statement containing all the
same information as Schedules D and D-1
and in a similar format. Use as many
Schedules D-1 or attached statements as
you need. Enter on Schedule D, lines 2 and
9, the combined totals from all your Schedules D-1 or the attached statements. Do not
enter “available upon request” and summary totals in lieu of reporting the details of
each transaction on Schedules D and D-1 or
attached statements.

Add the following amounts reported to you for 2008 on
Forms 1099-B and 1099-S (or
substitute statements) that you
are not reporting on another form or schedule included with your return: (a) proceeds
from transactions involving stocks, bonds,
and other securities; and (b) gross proceeds
from real estate transactions (other than the
sale of your main home if you are not required to report it). If this total is more than
the total of lines 3 and 10, attach an explanation of the difference (for example, you
were the nominee for the actual owner of
the property).
Column (b) —Date Acquired
Enter in this column the date you acquired
the asset. Use the trade date for stocks and
bonds traded on an exchange or
over-the-counter market. For stock or other
property sold short, enter the date the stock
or property was delivered to the broker or
lender to close the short sale.
The date acquired for an asset you held
on January 1, 2001, for which you made an
election to recognize any gain in a deemed
sale is the date of the deemed sale and
reacquisition.
If you disposed of property that you acquired by inheritance, report the gain or
(loss) on line 8 and enter “INHERITED” in
column (b) instead of the date you acquired
the property.
If you sold a block of stock (or similar
property) that you acquired through several
different purchases, you may report the sale
on one line and enter “VARIOUS” in column (b). However, you still must report the
short-term gain or (loss) on the sale in Part I
and the long-term gain or (loss) in Part II.
Column (c) —Date Sold
Enter in this column the date you sold the
asset. Use the trade date for stocks and
bonds traded on an exchange or

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over-the-counter market. For stock or other
property sold short, enter the date you sold
the stock or property you borrowed to open
the short sale transaction.

Column (d) —Sales Price
Enter in this column either the gross sales
price or the net sales price from the sale. If
you sold stocks or bonds and you received a
Form 1099-B (or substitute statement)
from your broker that shows gross sales
price, enter that amount in column (d). But
if Form 1099-B (or substitute statement)
indicates that gross proceeds minus commissions and option premiums were reported to the IRS, enter that net amount in
column (d). If you enter the net amount in
column (d), do not include the commissions and option premiums from the sale in
column (e).
You should not have received a Form
1099-B (or substitute statement) for a transaction merely representing the return of
your original investment in a nontransferable obligation, such as a savings bond or a
certificate of deposit. But if you did, report
the amount shown on Form 1099-B (or
substitute statement) in both columns (d)
and (e).

Be sure to add all sales price
entries on lines 1 and 8, column
(d), to amounts on lines 2 and 9,
column (d). Enter the totals on
lines 3 and 10.
Column (e) —Cost or Other Basis
In general, the cost or other basis is the cost
of the property plus purchase commissions
and improvements, minus depreciation,
amortization, and depletion. If you inherited the property, got it as a gift, or received
it in a tax-free exchange, involuntary conversion, or “wash sale” of stock, you may

not be able to use the actual cost as the
basis. If you do not use the actual cost,
attach an explanation of your basis.
If you sold stock, adjust your basis by
subtracting all the nondividend distributions you received before the sale. Also
adjust your basis for any stock splits. See
Pub. 550 for details.
If you elected to recognize gain on an
asset held on January 1, 2001, your basis in
the asset is its closing market price or fair
market value, whichever applies, on the
date of the deemed sale and reacquisition,
whether the deemed sale resulted in a gain
or an unallowed loss.
You may elect to use an average basis
for all shares of a mutual fund (or other
regulated investment company) if you acquired the shares at various times and
prices and you left the shares on deposit in
an account handled by a custodian or agent
who acquired or redeemed those shares. If
you are reporting an average basis, include
“AVGB” in column (a) of Schedule D. For
details on making the election and how to
figure average basis, see Pub. 564.
The basis of property acquired by gift is
generally the basis of the property in the
hands of the donor. The basis of property
acquired from a decedent is generally the
fair market value at the date of death. See
Pub. 551 for details.
Increase the cost or other basis of an
original issue discount (OID) debt instrument by the amount of OID that has been
included in gross income for that instrument. See Pub. 550 for details.
If a charitable contribution deduction is
allowed because of a bargain sale of property to a charitable organization, the adjusted basis for purposes of determining
gain from the sale is the amount that has the

Capital Loss Carryover Worksheet—Lines 6 and 14

same ratio to the adjusted basis as the
amount realized has to the fair market
value. See Pub. 544 for details.
Increase your cost or other basis by any
expense of sale, such as broker’s fees, commissions, state and local transfer taxes, and
option premiums, before making an entry
in column (e), unless you reported the net
sales price in column (d).
For more details, see Pub. 551.

Column (f) —Gain or (Loss)
You must make a separate entry in this
column for each transaction reported on
lines 1 and 8 and any other line(s) that
applies to you. For lines 1 and 8, subtract
the amount in column (e) from the amount
in column (d). Enter negative amounts in
parentheses.

Line 18
If you checked “Yes” on line 17, complete
the worksheet below if either of the following apply for 2008.
• You reported in Part II a section 1202
exclusion from the eligible gain on qualified small business stock (see page D-4).
• You reported in Part II a collectibles
gain or (loss). A collectibles gain or (loss)
is any long-term gain or deductible
long-term loss from the sale or exchange of
a collectible that is a capital asset.
Collectibles include works of art, rugs,
antiques, metals (such as gold, silver, and
platinum bullion), gems, stamps, coins, alcoholic beverages, and certain other tangible property.
Include on the worksheet any gain (but
not loss) from the sale or exchange of an
interest in a partnership, S corporation, or
trust held for more than 1 year and attributable to unrealized appreciation of col-

Keep for Your Records

Use this worksheet to figure your capital loss carryovers from 2007 to 2008 if your 2007 Schedule D, line 21, is a loss and (a) that loss is
a smaller loss than the loss on your 2007 Schedule D, line 16, or (b) the amount on your 2007 Form 1040, line 41 (or your 2007 Form
1040NR, line 38, if applicable), is less than zero. Otherwise, you do not have any carryovers.
1. Enter the amount from your 2007 Form 1040, line 41, or your 2007 Form 1040NR, line 38. If a loss, enclose
the amount in parentheses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter the loss from your 2007 Schedule D, line 21, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Combine lines 1 and 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter the smaller of line 2 or line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If line 7 of your 2007 Schedule D is a loss, go to line 5; otherwise, enter -0- on line 5 and go to line 9.
5. Enter the loss from your 2007 Schedule D, line 7, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Enter any gain from your 2007 Schedule D, line 15. If a loss, enter -0- . . . . . . . . . . . . 6.
7. Add lines 4 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. Short-term capital loss carryover for 2008. Subtract line 7 from line 5. If zero or less, enter -0-. If more
than zero, also enter this amount on Schedule D, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If line 15 of your 2007 Schedule D is a loss, go to line 9; otherwise, skip lines 9 through 13.
9. Enter the loss from your 2007 Schedule D, line 15, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Enter any gain from your 2007 Schedule D, line 7. If a loss, enter -0- . . . . . . . . . . . . . 10.
11. Subtract line 5 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . 11.
12. Add lines 10 and 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Long-term capital loss carryover for 2008. Subtract line 12 from line 9. If zero or less, enter -0-. If more
than zero, also enter this amount on Schedule D, line 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

D-7

.
.
.
.

1.
2.
3.
4.

.

5.

.

7.

.

8.

.

9.

. 12.
. 13.

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lectibles. For details, see Regulations
section 1.1(h)-1. Also, attach the statement
required under Regulations section
1.1(h)-1(e).

Instructions for the Unrecaptured
Section 1250 Gain Worksheet

Step 2. Reduce the amount figured in
step 1 by any section 1250 ordinary income
recapture for the sale. This is the amount
from line 26g of your 2008 Form 4797 (or
the comparable line of Form 4797 for the
year of sale) for the property. The result is
your total unrecaptured section 1250 gain
that must be allocated to the installment
payments received from the sale.
Step 3. Generally, the amount of section 1231 gain on each installment payment
is treated as unrecaptured section 1250 gain
until the total unrecaptured section 1250
gain figured in step 2 has been used in full.
Figure the amount of gain treated as unrecaptured section 1250 gain for installment
payments received in 2008 as the smaller of
(a) the amount from line 26 or line 37 of
your 2008 Form 6252, whichever applies,
or (b) the amount of unrecaptured section
1250 gain remaining to be reported. This
amount is generally the total unrecaptured
section 1250 gain for the sale reduced by all
gain reported in prior years (excluding section 1250 ordinary income recapture).
However, if you chose not to treat all of the
gain from payments received after May 6,
1997, and before August 24, 1999, as unrecaptured section 1250 gain, use only the
amount you chose to treat as unrecaptured
section 1250 gain for those payments to
reduce the total unrecaptured section 1250
gain remaining to be reported for the sale.
Include this amount on line 4.

Lines 1 through 3. If you had more than

Line 10. Include on line 10 your share of

Line 19
If you checked “Yes” on line 17, complete
the worksheet on page D-9 if any of the
following apply for 2008.
• You sold or otherwise disposed of
section 1250 property (generally, real property that you depreciated) held more than 1
year.
• You received installment payments
for section 1250 property held more than 1
year for which you are reporting gain on the
installment method.
• You received a Schedule K-1 from an
estate or trust, partnership, or S corporation
that shows “unrecaptured section 1250
gain.”
• You received a Form 1099-DIV or
Form 2439 from a real estate investment
trust or regulated investment company (including a mutual fund) that reports “unrecaptured section 1250 gain.”
• You reported a long-term capital gain
from the sale or exchange of an interest in a
partnership that owned section 1250 property.

one property described on line 1, complete
lines 1 through 3 for each property on a
separate worksheet. Enter the total of the
line 3 amounts for all properties on line 3
and go to line 4.
Line 4. To figure the amount to enter on
line 4, follow the steps below for each installment sale of trade or business property
held more than 1 year.

Step 1. Figure the smaller of (a) the depreciation allowed or allowable, or (b) the
total gain for the sale. This is the smaller of
line 22 or line 24 of your 2008 Form 4797
(or the comparable lines of Form 4797 for
the year of sale) for the property.

the partnership’s unrecaptured section
1250 gain that would result if the partnership had transferred all of its section 1250
property in a fully taxable transaction immediately before you sold or exchanged
your interest in that partnership. If you recognized less than all of the realized gain,
the partnership will be treated as having
transferred only a proportionate amount of
each section 1250 property. For details, see
Regulations section 1.1(h)-1. Also attach
the statement required under Regulations
section 1.1(h)-1(e).
Line 12. An example of an amount to include on line 12 is unrecaptured section
1250 gain from the sale of a vacation home

28% Rate Gain Worksheet—Line 18

you previously used as a rental property but
converted to personal use prior to the sale.
To figure the amount to enter on line 12,
follow the applicable instructions below.
Installment sales. To figure the amount
to include on line 12, follow the steps below for each installment sale of property
held more than 1 year for which you did not
make an entry in Part I of your Form 4797
for the year of sale.
• Step 1. Figure the smaller of (a) the
depreciation allowed or allowable, or (b)
the total gain for the sale. This is the
smaller of line 22 or line 24 of your 2008
Form 4797 (or the comparable lines of
Form 4797 for the year of sale) for the
property.
• Step 2. Reduce the amount figured in
step 1 by any section 1250 ordinary income
recapture for the sale. This is the amount
from line 26g of your 2008 Form 4797 (or
the comparable line of Form 4797 for the
year of sale) for the property. The result is
your total unrecaptured section 1250 gain
that must be allocated to the installment
payments received from the sale.
• Step 3. Generally, the amount of capital gain on each installment payment is
treated as unrecaptured section 1250 gain
until the total unrecaptured section 1250
gain figured in step 2 has been used in full.
Figure the amount of gain treated as unrecaptured section 1250 gain for installment
payments received in 2008 as the smaller of
(a) the amount from line 26 or line 37 of
your 2008 Form 6252, whichever applies,
or (b) the amount of unrecaptured section
1250 gain remaining to be reported. This
amount is generally the total unrecaptured
section 1250 gain for the sale reduced by all
gain reported in prior years (excluding section 1250 ordinary income recapture).
However, if you chose not to treat all of the
gain from payments received after May 6,
1997, and before August 24, 1999, as unrecaptured section 1250 gain, use only the
amount you chose to treat as unrecaptured
section 1250 gain for those payments to
reduce the total unrecaptured section 1250
gain remaining to be reported for the sale.
Include this amount on line 12.

Keep for Your Records

1. Enter the total of all collectibles gain or (loss) from items you reported on line 8, column (f), of Schedules D and D-1
2. Enter as a positive number the amount of any section 1202 exclusion you reported on line 8, column (f), of Schedules
D and D-1, for which you excluded 50% of the gain, plus 2⁄3 of any section 1202 exclusion you reported on line 8,
column (f), of Schedules D and D-1, for which you excluded 60% of the gain . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Enter the total of all collectibles gain or (loss) from Form 4684, line 4 (but only if Form 4684, line 15, is more than
zero); Form 6252; Form 6781, Part II; and Form 8824 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter the total of any collectibles gain reported to you on:
• Form 1099-DIV, box 2d;
...................
• Form 2439, box 1d; and
• Schedule K-1 from a partnership, S corporation, estate, or trust.
5. Enter your long-term capital loss carryovers from Schedule D, line 14, and Schedule K-1 (Form 1041),
box 11, code C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. If Schedule D, line 7, is a (loss), enter that (loss) here. Otherwise, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Combine lines 1 through 6. If zero or less, enter -0-. If more than zero, also enter this amount on
Schedule D, line 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

}

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Page 9 of 10 of 2008 Instructions for Schedule D

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Other sales or dispositions of section
1250 property. For each sale of property
held more than 1 year (for which you did
not make an entry in Part I of Form 4797),
figure the smaller of (a) the depreciation
allowed or allowable, or (b) the total gain
for the sale. This is the smaller of line 22 or
line 24 of Form 4797 for the property.
Next, reduce that amount by any section
1250 ordinary income recapture for the
sale. This is the amount from line 26g of
Form 4797 for the property. The result is
the total unrecaptured section 1250 gain for
the sale. Include this amount on line 12.

Line 21
You have a capital loss carryover from
2008 to 2009 if you have a loss on line 16
and either:
• That loss is more than the loss on line
21, or
• The amount on Form 1040, line 41 (or
Form 1040NR, line 38, if applicable) is less
than zero.

over Worksheet in the 2009 Instructions for
Schedule D. If you want to figure your carryover now, see Pub. 550.

TIP

You will need a copy of your
2008 Form 1040 and Schedule
D to figure your capital loss
carryover to 2009.

To figure any capital loss carryover to
2009, you will use the Capital Loss Carry-

Unrecaptured Section 1250 Gain Worksheet—Line 19

Keep for Your Records

If you are not reporting a gain on Form 4797, line 7, skip lines 1 through 9 and go to line 10.
1. If you have a section 1250 property in Part III of Form 4797 for which you made an entry in Part I of Form
4797 (but not on Form 6252), enter the smaller of line 22 or line 24 of Form 4797 for that property. If you did
not have any such property, go to line 4. If you had more than one such property, see instructions . . . . . . . . . .
2. Enter the amount from Form 4797, line 26g, for the property for which you made an entry on line 1 . . . . . . . .
3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Enter the total unrecaptured section 1250 gain included on line 26 or line 37 of Form(s) 6252 from installment
sales of trade or business property held more than 1 year (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . .
5. Enter the total of any amounts reported to you on a Schedule K-1 from a partnership or an S corporation as
“unrecaptured section 1250 gain” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. Add lines 3 through 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Enter the smaller of line 6 or the gain from Form 4797, line 7 . . . . . . . . . . . . . . . . . . . 7.
8. Enter the amount, if any, from Form 4797, line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.
9. Subtract line 8 from line 7. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Enter the amount of any gain from the sale or exchange of an interest in a partnership attributable to
unrecaptured section 1250 gain (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Enter the total of any amounts reported to you on a Schedule K-1, Form 1099-DIV, or Form 2439 as
“unrecaptured section 1250 gain” from an estate, trust, real estate investment trust, or mutual fund (or other
regulated investment company) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. Enter the total of any unrecaptured section 1250 gain from sales (including installment sales) or other
dispositions of section 1250 property held more than 1 year for which you did not make an entry in Part I of
Form 4797 for the year of sale (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Add lines 9 through 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. If you had any section 1202 gain or collectibles gain or (loss), enter the total of lines 1
through 4 of the 28% Rate Gain Worksheet on page D-8. Otherwise, enter -0- . . . . . . 14.
15. Enter the (loss), if any, from Schedule D, line 7. If Schedule D, line 7, is zero or a gain,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15. (
)
16. Enter your long-term capital loss carryovers from Schedule D, line 14, and Schedule K-1
(Form 1041), box 11, code C* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. (
)
17. Combine lines 14 through 16. If the result is a (loss), enter it as a positive amount. If the result is zero or a
gain, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18. Unrecaptured section 1250 gain. Subtract line 17 from line 13. If zero or less, enter -0-. If more than zero,
enter the result here and on Schedule D, line 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*If you are filing Form 2555 or 2555-EZ (relating to foreign earned income), see the footnote in the Foreign
Earned Income Tax Worksheet on page 37 of the Form 1040 instructions before completing this line.

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Page 10 of 10 of 2008 Instructions for Schedule D

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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Schedule D Tax Worksheet

Keep for Your Records

Complete this worksheet only if line 18 or line 19 of Schedule D is more than zero. Otherwise, complete the Qualified Dividends and Capital Gain Tax
Worksheet on page 38 of the Instructions for Form 1040 (or in the Instructions for Form 1040NR) to figure your tax.
Exception: Do not use the Qualified Dividends and Capital Gain Tax Worksheet or this worksheet to figure your tax if:
• Line 15 or line 16 of Schedule D is zero or less and you have no qualified dividends on Form 1040, line 9b (or Form 1040NR, line 10b); or
• Form 1040, line 43 (or Form 1040NR, line 40) is zero or less.
Instead, see the instructions for Form 1040, line 44 (or Form 1040NR, line 41).

1. Enter your taxable income from Form 1040, line 43 (or Form 1040NR, line 40). (However, if you are filing Form 2555 or 2555-EZ
(relating to foreign earned income), enter instead the amount from line 3 of the Foreign Earned Income Tax Worksheet on page 37
of the Form 1040 instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter your qualified dividends from Form 1040, line 9b (or Form
1040NR, line 10b)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.
3. Enter the amount from Form 4952 (used to
figure investment interest expense
deduction), line 4g . . . . . . . . . . . . . . . . 3.
4. Enter the amount from Form 4952, line 4e** 4.
5. Subtract line 4 from line 3. If zero or less, enter -0- . . . . . . . . . . 5.
6. Subtract line 5 from line 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . 6.
7. Enter the smaller of line 15 or line 16 of Schedule D . . . . . . . . 7.
8. Enter the smaller of line 3 or line 4 . . . . . . . . . . . . . . . . . . . 8.
9. Subtract line 8 from line 7. If zero or less, enter -0-* . . . . . . . . . . . . . . . . . . . . . . . 9.
10. Add lines 6 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.
11. Add lines 18 and 19 of Schedule D* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.
12. Enter the smaller of line 9 or line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
13. Subtract line 12 from line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. Subtract line 13 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15. Enter the smaller of:
• The amount on line 1 or
• $32,550 if single or married filing separately;
. . . . . . . . . 15.
$65,100 if married filing jointly or qualifying widow(er); or
$43,650 if head of household
16. Enter the smaller of line 14 or line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.
17. Subtract line 10 from line 1. If zero or less, enter -0- . . . . . . . . . 17.
18. Enter the larger of line 16 or line 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 䊳 18.
If lines 15 and 16 are the same, skip line 19 and go to line 20. Otherwise, go to line 19.
19. Subtract line 16 from line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 䊳 19.
If lines 1 and 15 are the same, skip lines 20 through 32 and go to line 33. Otherwise, go to line 20.
20. Enter the smaller of line 1 or line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.
21. Enter the amount from line 19 (if line 19 is blank, enter -0-) . . . . . . . . . . . . . . . . . . 21.
22. Subtract line 21 from line 20. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 䊳 22.
23. Multiply line 22 by 15% (.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If Schedule D, line 19, is zero or blank, skip lines 24 through 29 and go to line 30. Otherwise, go to line 24.
24. Enter the smaller of line 9 above or Schedule D, line 19 . . . . . . . . . . . . . . . . . . . . 24.
25. Add lines 10 and 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.
26. Enter the amount from line 1 above . . . . . . . . . . . . . . . . . . . . 26.
27. Subtract line 26 from line 25. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . 27.
28. Subtract line 27 from line 24. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 䊳 28.
29. Multiply line 28 by 25% (.25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If Schedule D, line 18, is zero or blank, skip lines 30 through 32 and go to line 33. Otherwise, go to line 30.
30. Add lines 18, 19, 22, and 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.
31. Subtract line 30 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.
32. Multiply line 31 by 28% (.28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33. Figure the tax on the amount on line 18. Use the Tax Table or Tax Computation Worksheet, whichever applies . . . . . . . . . . . . .
34. Add lines 23, 29, 32, and 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35. Figure the tax on the amount on line 1. Use the Tax Table or Tax Computation Worksheet, whichever applies . . . . . . . . . . . . . .
36. Tax on all taxable income (including capital gains and qualified dividends). Enter the smaller of line 34 or line 35. Also include
this amount on Form 1040, line 44 (or Form 1040NR, line 41). (If you are filing Form 2555 or 2555-EZ, do not enter this amount
on Form 1040, line 44. Instead, enter it on line 4 of the Foreign Earned Income Tax Worksheet in the Form 1040 instructions) . . .

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*If you are filing Form 2555 or 2555-EZ, see the footnote in the Foreign Earned Income Tax Worksheet on page 37 of the Form
1040 instructions before completing this line.
**If applicable, enter instead the smaller amount you entered on the dotted line next to line 4e of Form 4952.

D-10
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