Schedule D - Capital Gains and Losses

2021

Instructions for Schedule D
(Form 1041)

Department of the Treasury
Internal Revenue Service

Capital Gains and Losses
Section references are to the Internal
Revenue Code unless otherwise noted.

Future Developments

For the latest information about
developments related to Schedule D
and its instructions, such as legislation
enacted after they were published, go to
IRS.gov/Form1041.

What's New
Rollover of empowerment zone assets. The election to rollover gain from
the sale of empowerment zone assets
doesn't apply to sales in tax years
beginning after December 31, 2020.
Capital gains and qualified dividends. For tax year 2021, the 20%
maximum capital gain rate applies to
estates and trusts with income above
$13,250. The 0% and 15% rates
continue to apply to certain threshold
amounts. The 0% rate applies up to
$2,700. The 15% rate applies to
amounts over $2,700 and up to
$13,250.

Reminders
Gain on empowerment zone business stock. For dispositions of
empowerment zone business stock
after 2018, the qualified gain attributable
to periods after December 31, 2018, is
not eligible for the 60% exclusion. See
Empowerment zone business stock,
later.
Disposal of qualified opportunity
fund (QOF) investment. If you
disposed of any investment in a QOF
during the tax year, you will need to
check the box on Schedule D and
attach Form 8949. You will also need to
report the disposal on Form 8997. See
the Instructions for Form 8949 and the
Instructions for Form 8997 for additional
reporting requirements.
Form 8971. Form 8971, Information
Regarding Beneficiaries Acquiring
Property From a Decedent, along with
its Schedule A, is used to comply with
the filing requirements regarding
consistent basis reporting between an
Dec 28, 2021

estate and a person acquiring property
from an estate.
For more information, see Consistent
basis reporting between estate and
person acquiring property from a
decedent, later.
Form 1041 e-filing. When e-filing
Form 1041, use either Form 8453-FE,
U.S. Estate or Trust Declaration for an
IRS e-file Return, or Form 8879-F, IRS
e-file Signature Authorization for Form
1041. If Form 1041 is e-filed, then any
Schedule D (Form 1041) and Form
8949 that are part of the return must
also be e-filed.

General Instructions
Any reference in these instructions to
“you” means the fiduciary of the estate
or trust.

Purpose of Schedule

These instructions explain how to
complete Schedule D (Form 1041).
Complete Form 8949 before you
complete line 1b, 2, 3, 8b, 9, or 10 of
Schedule D.

Use Schedule D to report the
following.
• The overall capital gains and losses
from transactions reported on Form
8949.
• Certain transactions that the estate or
trust doesn't have to report on Form
8949.
• Gain from Part I of Form 4797, Sales
of Business Property.
• Capital gain or loss from Form 4684,
Casualties and Thefts.
• Capital gain from Form 6252,
Installment Sale Income.
• Capital gain or loss from Form 6781,
Gains and Losses From Section 1256
Contracts and Straddles.
• Capital gain or loss from Form 8824,
Like-Kind Exchanges.
• Undistributed long-term capital gains
from Form 2439.
• Capital gain or loss from
partnerships, S corporations, or other
estates or trusts.
• A capital loss carryover from 2020 to
2021.
Cat. No. 11378R

For more information, see Pub. 544,
Sales and Other Dispositions of Assets;
Pub. 551, Basis of Assets; and the
Instructions for Form 8949.

Other Forms You May Have To
File

Use Form 8949 to report the sale or
exchange of a capital asset (defined
later) not reported on another form or
schedule. See Lines 1a and 8a, later, for
more information about when Form
8949 is and isn't needed.
Use Form 4797 to report the
following.
1. The sale or exchange of:
a. Real property used in a trade or
business;
b. Depreciable and amortizable
tangible property used in a trade or
business (but see Disposition of
Depreciable Property Not Used in Trade
or Business in the Instructions for Form
4797);
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 more than 1 year for
business or profit. But see Disposition of
Depreciable Property Not Used in Trade
or Business in the Instructions for Form
4797.
3. The disposition of noncapital
assets other than inventory or property
held primarily for sale to customers in
the ordinary course of a 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. Election to defer a qualified
section 1231 gain invested in a
Qualified Opportunity Fund (QOF).

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 if the estate or trust
made one or more like-kind exchanges.
A like-kind exchange occurs when the
estate or trust exchanges business or
investment property for property of a like
kind.
Use Form 8971 (including
Schedule(s) A) to report basis between
an estate and a person acquiring
property from a decedent.

Special Rules for Determining
Basis of Estate and Trust
Property
Basis of trust property. Generally,
the basis of property acquired by gift is
the same as its basis in the hands of the
donor. However, if the fair market value
(FMV) of the property at the time it was
transferred to the trust is less than the
transferor's basis, then the FMV is used
to determine any loss upon disposition.
If the property was transferred to the
trust after 1976, and a gift tax was paid
under Chapter 12, then increase the
donor's basis as follows:
Multiply the amount of the gift tax
paid by a fraction, the numerator of
which is the net appreciation in value of
the gift (defined below), and the
denominator of which is the amount of
the gift. For this purpose, the net
appreciation in value of the gift is the
amount by which the FMV of the gift
exceeds the donor's adjusted basis.
Basis of decedent's estate property.
Generally, the basis of property
acquired by a decedent's estate is the
FMV of the property at the date of the
decedent's death, or the alternate
valuation date if the executor elected to
use an alternate valuation under section
2032.
See Pub. 551 and the Instructions for
Form 706 for a discussion of the
valuation of qualified real property under
section 2032A.
Consistent basis reporting between
estate and person acquiring property from a decedent. Section 2004 of
P.L. 114-41 has two major
requirements.
1. An executor of an estate (or other
person) required to file an estate tax
return after July 31, 2015, must provide
a Form 8971 with attached Schedules A
to the IRS, and a copy of the

beneficiary’s Schedule A to each
beneficiary who receives or is to receive
property from the estate. The
Schedule A must show the final estate
tax value of the property received or to
be received by the beneficiary. An
executor (or other person) who files an
estate tax return only to make an
election regarding the
generation-skipping transfer tax or
portability of the deceased spousal
unused exclusion (DSUE) may not be
required to provide Form 8971 and
Schedule A.
2. If Part 2, column C of the
Schedule A, received by the beneficiary
indicates that the property increases the
estate tax liability, the beneficiary must
use a basis consistent with the final
estate tax value of the property to
determine the beneficiary’s basis in that
property. Calculate a basis consistent
with the final estate tax value by starting
with the reported value and then making
any allowed adjustments.
For more information, see the
Instructions for Form 8971 and
Schedule A and Column (e)—Cost or
Other Basis in the Instructions for Form
8949.
Basis of property acquired from a
decedent who died in 2010. See
Pub. 4895, Tax Treatment of Property
Acquired From a Decedent Dying in
2010 for details about determining the
basis of property acquired from a
decedent who died in 2010.
Basis of assets held on January 1,
2001, where an election to recognize
gain was made. If you elected on
behalf of an estate or trust to recognize
gain on an asset held on January 1,
2001, the basis in the asset is its closing
market price or FMV, whichever applies,
on the date of the deemed sale and
reacquisition, whether the deemed sale
resulted in a gain or an unallowed loss.
Carryover basis. Carryover basis
determined under repealed section
1023 applies to property acquired from
a decedent who died after December
31, 1976, and before November 7,
1978, only if the executor made a timely
filed election on Form 5970-A, Election
of Carryover Basis.
Property received from an Alaska
Native Corporation. The basis of
property received by an Alaska Native
Settlement Trust from an Alaska Native
Corporation is the lesser of the basis of
the Native Corporation in the property or
the FMV immediately before the
contribution of the property to the trust.
The basis and FMV of the property are
-2-

shown on the statement provided by the
Native Corporation to the Settlement
Trust.

Capital Asset

Each item of property held by the estate
or trust (whether or not connected with a
trade or business) is a capital asset,
except the following.
• Stock in trade, inventory, or property
held primarily for sale to customers.
• Depreciable or real property used in a
trade or business, even if it's fully
depreciated.
• Certain patents, inventions, models,
or designs (whether or not patented);
secret formulas or processes; or similar
property. See section 1221(a)(3).
• Copyrights; literary, musical, or
artistic compositions; letters or
memoranda; or similar property eligible
for copyright protection that the trust
received from someone whose personal
efforts created them or for whom they
were created in a way (such as by gift)
that entitled the trust to the basis of the
previous owner. In the case of letters,
memoranda, or similar property, such
property may also be prepared or
produced for the trust.
Note. Under section 1221(b)(3), the
trust can elect to treat musical
compositions and copyrights in musical
works as capital assets if it acquired the
assets under circumstances entitling it
to the basis of the person who created
the property or for whom it was
prepared or produced.
• Accounts or notes receivable
acquired in the ordinary course of a
trade or business for services rendered
or from the sale of inventoriable assets
or property held primarily for sale to
customers.
• Certain U.S. Government
publications not purchased at the public
sale price.
• Certain “commodities derivative
financial instruments” held by a dealer
(see section 1221(a)(6)).
• Certain hedging transactions entered
into in the normal course of a trade or
business (see section 1221(a)(7)).
• Supplies regularly used in a trade or
business.

Short-Term or Long-Term

Separate the capital gains and losses
according to how long the estate or trust
held or owned the property. The holding
period for short-term capital gains and
losses is generally 1 year or less. The
holding period for long-term capital
gains and losses is generally more than
1 year. Property acquired from a
decedent is treated as held for more
than 1 year.

2021 Instructions for Schedule D (Form 1041)

To figure the length of the period the
estate or trust held property, begin
counting on the day after the estate or
trust acquired the property and include
the day it was disposed. Use the trade
dates for the dates of acquisition and
sale of stocks and bonds traded on an
exchange or over-the-counter market.
The holding period for property
received by an Alaska Native
Settlement Trust from an Alaska Native
Corporation includes the period the
Native Corporation held the property.
The date the Native Corporation
acquired the property is shown on the
statement provided by the Native
Corporation to the Settlement Trust.
Beginning in 2018, the long-term
holding period for certain gains with
respect to “applicable partnership
interests” is more than 3 years. See
Pub. 541 for more information.
For more information about holding
periods, see the Instructions for Form
8949.

Section 643(e)(3) Election

For in-kind noncash property
distributions, a fiduciary may elect to
have the estate or trust recognize gain
or loss in the same manner as if the
distributed property had been sold to
the beneficiary at its FMV. The
distribution deduction is the property's
FMV. This election applies to all
distributions made by the estate or trust
during the tax year. Once the election is
made, it may only be revoked with IRS
consent.
Note. Section 267 doesn't allow a trust
or a decedent's estate to claim a
deduction for any loss on property to
which a section 643(e)(3) election
applies. In addition, when a trust or a
decedent's estate distributes
depreciable property, section 1239
applies to deny capital gains treatment
for any gain on property to which a
section 643(e)(3) election applies.

Related Persons

A trust can't deduct a loss from the sale
or exchange of property directly or
indirectly between any of the following.
• A grantor and a fiduciary of a trust,
• A fiduciary of a trust and a fiduciary
(or beneficiary) of another trust created
by the same grantor,
• A fiduciary and a beneficiary of the
same trust,
• A trust fiduciary and a corporation of
which more than 50% in value of the
outstanding stock is owned directly or
indirectly by or for the trust or by or for
the grantor of the trust, or

• An executor of an estate and a
beneficiary of that estate, except when
the sale or exchange is to satisfy a
pecuniary bequest (that is, a bequest of
a sum of money).
Items for Special Treatment
• Bonds and other debt instruments.

See Pub. 550, Investment Income and
Expenses (Including Capital Gains and
Losses).
• Gain on the disposition of a market
discount bond. In general, the gain is
recharacterized as interest income to
the extent of accrued market discount
as of the date of disposition. See
sections 1276 through 1278 and Pub.
550 for more information on market
discount. See the Instructions for Form
8949 for detailed information about how
to report the disposition of a market
discount bond.
• Gain or loss recognized on the
disposition of a contingent payment
debt instrument subject to the
noncontingent bond method. The gain is
generally treated as interest income
rather than as capital gain. In certain
situations, all or a portion of a loss
recognized on the disposition of a
contingent payment debt instrument
subject to the noncontingent bond
method may be treated as an ordinary
loss rather than as a capital loss. See
Regulations section 1.1275-4(b) and
Pub. 550 for more information on
contingent payment debt instruments
subject to the noncontingent bond
method.
• A nonbusiness bad debt must be
treated as a short-term capital loss and
can be deducted only in the year the
debt becomes totally worthless. See
Pub. 550 for details.
• Wash sales of stock or securities
(including contracts or options to
acquire or sell stock or securities)
(section 1091).
• Gain or loss on options to buy or sell.
See Pub. 550.
• Certain real estate subdivided for
sale that may be considered a capital
asset (section 1237).
• Gain on disposition of stock in
domestic international sales
corporations (DISC) (section 995(c)).
• Gain on the sale or exchange of stock
in certain foreign corporations (section
1248).
• Sales of stock received under a
qualified public utility dividend
reinvestment plan. See Pub. 550 for
details.
• Transfer of appreciated property to a
political organization (section 84).

2021 Instructions for Schedule D (Form 1041)

-3-

• 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. 550.
• 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 18c.
• The sale or other disposition of a
partnership interest may result in
ordinary income, collectibles gain, or
unrecaptured section 1250 gain.
• Gain or loss on the disposition of
securities futures contracts. See Pub.
550.
• Gains from certain constructive
ownership transactions. Gain in excess
of the gain the estate or trust would
have recognized if the estate or trust
held a financial asset directly during the
term of a derivative contract must be
treated as ordinary income. See section
1260 for details.
• If qualified dividends 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
is at least 10% (5% in the case of
preferred stock) of the basis in the
stock.
• Gain or loss from a sale, exchange,
or other disposition of virtual currency if
held as a capital asset. See Notice
2014-21, 2014-16 I.R.B. 938.
• NAV method for money market funds.
Report capital gain or loss determined
under the net asset value (NAV) method
with respect to shares in a money
market fund on Form 8949, Part I, with
box C checked. Enter the name of each
fund followed by “(NAV)” in column (a).
Enter the net gain or loss in column (h).
Leave all other columns blank. See the
Instructions for Form 8949.
Constructive Sales Treatment
for Certain Appreciated
Positions

Generally, the estate or trust must
recognize gain (but not loss) on the date
it enters into a constructive sale of any
appreciated position in stock, a
partnership interest, or certain debt
instruments as if the position were
disposed of at FMV on that date.

The estate or trust is treated as
making a constructive sale of an
appreciated position when it (or a
related person, in some cases) does
one of the following.
• Enters into a short sale of the same or
substantially identical property (that is, a
“short sale against the box”);
• Enters into an offsetting notional
principal contract relating to the same or
substantially identical property;
• Enters into a futures or forward
contract to deliver the same or
substantially identical property; or
• Acquires the same or substantially
identical property (if the appreciated
position is a short sale, offsetting
notional principal contract, or a futures
or forward contract).
Exception. Generally, constructive
sale treatment doesn't apply if:
• The estate or trust closed the
transaction before the end of the 30th
day after the end of the year in which it
was entered into,
• The estate or trust held the
appreciated position to which the
transaction relates throughout the
60-day period starting on the date the
transaction was closed, and
• At no time during that 60-day period
was the estate's or trust's risk of loss
reduced by holding certain other
positions.
For details and other exceptions to
these rules, see Pub. 550.

Exclusion of Gain on Qualified
Small Business (QSB) Stock
(Section 1202)

Section 1202 allows you to exclude a
portion of the eligible gain on the sale or
exchange of QSB stock held for more
than 5 years. You can exclude up to
50% of the qualified gain if you acquired
the QSB stock on or before February
17, 2009. You can exclude up to 60% of
the qualified gain on certain
empowerment zone business stock for
gain attributable to periods on or before
December 31, 2018. The 60% exclusion
doesn't apply to gain attributable to
periods after December 31, 2018. See
Empowerment zone business stock,
later. The exclusion is increased to 75%
on the sale or exchange of QSB stock
acquired after February 17, 2009, and
before September 28, 2010. The
exclusion is increased to 100% on the
sale of QSB stock acquired after
September 27, 2010.
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 QSB. A
QSB is 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. The estate or trust 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, the estate or trust may
meet the test if it acquired the stock
from another person who met this test
(such as by gift or inheritance) or
through a conversion or exchange of
QSB stock the estate or trust held.
5. During substantially all the time
the estate or trust held the stock:
a. The corporation was a C
corporation,
b. At least 80% of the value of the
corporation's assets was used in the
active conduct of one or more qualified
businesses (defined below), and
c. The corporation wasn't a foreign
corporation, DISC, former DISC,
corporation that has made (or that has a
subsidiary that has made) a section 936
election, regulated investment
company, real estate investment trust,
real estate mortgage investment
conduit, financial asset securitization
investment trust, or cooperative.
Note. A specialized small business
investment company (SSBIC) is treated
as having met test 5b above.
Qualified business. A qualified
business is any business other than the
following.
• One involving services performed in
the fields of health, law, engineering,
architecture, accounting, actuarial
science, performing arts, consulting,
athletics, financial services, or
brokerage services;
• One whose principal asset is the
reputation or skill of one or more
employees;
• Any banking, insurance, financing,
leasing, investing, or similar business;
-4-

• Any farming business (including the
raising or harvesting of trees);
• Any business involving the production
of products for which percentage
depletion can be claimed; or
• Any business of operating a hotel,
motel, restaurant, or similar business.
For more details about limits and
additional requirements that may apply,
see Pub. 550 or section 1202.
Acquisition date of stock acquired
after February 17, 2009. When
determining whether the exclusion is
limited to 50%, 75%, or 100% of the
gain from the QSB stock, the acquisition
date is considered to be the first day the
stock is held (determined after applying
the holding period rules in section
1223).
Empowerment zone business stock.
Generally, the estate or trust can
exclude up to 60% of its gain on certain
QSB stock if it meets the following
additional requirements.
1. The stock sold or exchanged was
stock in a corporation that qualified as
an empowerment zone business during
substantially all of the time the estate or
trust held the stock.
2. The estate or trust acquired the
stock after December 21, 2000, and
before February 18, 2009.
3. The gain from the sale or
exchange of the stock is attributable to
periods on or before December 31,
2018.
Requirement 1 will still be met if the
corporation ceased to qualify after the
5-year period that began on the date the
estate or trust acquired the stock.
However, the gain that qualifies for the
60% exclusion can't be more than the
gain the estate or trust would have had if
it had sold the stock on the date the
corporation ceased to qualify.
See section 1397C for more details.
Stock acquired after February 17,
2009. The estate or trust can exclude
up to 75% of the gain if it acquired the
stock after February 17, 2009, and
before September 28, 2010.
The estate or trust can exclude up to
100% of the gain if it acquired the stock
after September 27, 2010.
Pass-through entities. If the estate or
trust held an interest in a pass-through
entity (a partnership, S corporation,
mutual fund, or other regulated
investment company) that sold QSB
stock, the estate or trust must generally
have held the interest on the date the
pass-through entity acquired the QSB

2021 Instructions for Schedule D (Form 1041)

stock and at all times thereafter until the
stock was sold to qualify for the
exclusion.
How to report. Report the sale or
exchange of the QSB stock on Form
8949, Part II, with the appropriate box
checked, as you would if you weren't
taking the exclusion. Enter “Q” in
column (f) and enter the amount of the
excluded gain as a negative number in
column (g). Put it in parentheses to
show it is negative. See the Instructions
for Form 8949, columns (f), (g), and (h).
Complete all remaining columns. If you
are completing line 18c of Schedule D,
enter as a positive number the amount
of your allowable exclusion on line 2 of
the 28% Rate Gain Worksheet, later; if
you excluded 60% of the gain, enter 2/3
of the exclusion; if you excluded 75% of
the gain, enter 1/3 of the exclusion; if you
excluded 100% of the gain, don't enter
an amount.
Gain from Form 1099-DIV. If the
estate or trust received a Form
1099-DIV, Dividends and Distributions,
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. Report the total gain (box 2a)
on Schedule D, line 13. In column (a) of
Form 8949, Part II, enter the name of
the corporation whose stock was sold.
In column (f), enter “Q” and in column
(g), enter the amount of the excluded
gain as a negative number. See the
Instructions for Form 8949, columns (f),
(g), and (h). If you are completing
line 18c of Schedule D, enter as a
positive number the amount of your
allowable exclusion on line 2 of the 28%
Rate Gain Worksheet, later; if you
excluded 60% of the gain, enter 2/3 of
the exclusion; if you excluded 75% of
the gain, enter 1/3 of the exclusion; if you
excluded 100% of the gain, don't enter
an amount.
Gain from Form 2439. If the estate
or trust received a Form 2439, Notice to
Shareholder of Undistributed
Long-Term Capital Gains, 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. Report
the total gain (box 1a) on schedule D,
line 11. In column (a) of Form 8949, Part
II, enter the name of the corporation
whose stock was sold. In column (f),
enter “Q” and in column (g), enter the
amount of the excluded gain as a
negative number. See the Instructions
for Form 8949, columns (f), (g), and (h).
If you are completing line 18c of
Schedule D, enter as a positive number
the amount of your allowable exclusion

on line 2 of the 28% Rate Gain
Worksheet, later; if you excluded 60%
of the gain, enter 2/3 of the exclusion; if
you excluded 75% of the gain, enter 1/3
of the exclusion; if you excluded 100%
of the gain, don't enter an amount.
Gain from an installment sale of
QSB stock. If all payments aren't
received in the year of sale, a sale of
QSB stock that isn't traded on an
established securities market is
generally treated as an installment sale
and is reported on Form 6252. Part or all
of any gain from the sale that is reported
on Form 6252 for the current year may
be eligible for the section 1202
exclusion. Report the long-term gain
from Form 6252 on Schedule D, line 11.
In column (a) of Form 8949, Part II,
enter the name of the corporation
whose stock was sold. In column (f),
enter “Q” and in column (g), enter the
amount of the allowable exclusion as a
negative number. See the Instructions
for Form 8949, columns (f), (g), and (h).
If you are completing line 18c of
Schedule D, enter as a positive number
the amount of your allowable exclusion
for the year on line 2 of the 28% Rate
Gain Worksheet, later; if you excluded
60% of the gain, enter 2/3 of the
exclusion: if you excluded 75% of the
gain, enter 1/3 of the exclusion: if you
excluded 100% of the gain, don't enter
an amount.
Alternative minimum tax. Enter
7% of the estate's or trust's allowable
exclusion for the year on line 8 of
Schedule I (Form 1041). However, if the
estate or trust qualifies for the 100%
exclusion, leave line 8 of Schedule I
(Form 1041) blank.
Rollover of gain from QSB stock. If
the estate or trust held QSB stock (as
defined earlier) for more than 6 months,
it may elect to postpone gain if it
purchased other QSB stock during the
60-day period that began on the date of
the sale.
The estate or trust 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.
The estate or trust must make the
election no later than the due date
(including extensions) for filing Form
1041 for the tax year in which the stock
was sold. If the original Form 1041 was
filed on time, the election may be made
on an amended return filed no later than
6 months after the due date of the
original return (excluding extensions).

2021 Instructions for Schedule D (Form 1041)

-5-

Write “Filed pursuant to section
301.9100-2” at the top of the amended
return, and file it at the same address
used for the original Form 1041.
How to report. To make the
election, report the sale on Part I or Part
II of Form 8949 (depending on how long
the estate or trust owned the stock), as
it would be reported if the election
wasn't made. Then, enter “R” in column
(f) and the amount of the postponed
gain from the section 1045 rollover as a
negative number in column (g). Put it in
parentheses to show it is negative.
Complete all remaining columns. See
the Instructions for Form 8949, columns
(f), (g), and (h).
Exclusion of gain from DC Zone assets. If the estate or trust sold or
exchanged a District of Columbia
Enterprise Zone (DC Zone) asset that it
acquired after 1997 and before 2012
and held for more than 5 years, it may
be able to exclude the amount of
qualified capital gain that it would
otherwise include in income. 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.
• 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 doesn't
include any of the following gains.
• Gain attributable to periods after
December 31, 2016.
• 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 isn't 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.
How to report. Report the sale or
exchange of DC Zone business stock or
a DC Zone partnership interest on Form
8949, Part II, as you would if you weren't
taking the exclusion. Then, enter “X” in
column (f). Enter the amount of the
exclusion as a negative number in
column (g). Put it in parentheses to
show it is negative. See the instructions

for Form 8949, columns (f), (g), and (h).
Complete all remaining columns.
Report the sale or exchange of DC
Zone business property on Form 4797.
See the Form 4797 instructions for
details.
Exclusion of gain from qualified
community assets. If the estate or
trust sold or exchanged a qualified
community asset that it acquired after
2001 and before 2010 and held for more
than 5 years, it may be able to exclude
the qualified capital gain that it would
otherwise include in income. 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 gain is any gain recognized on
the sale or exchange of a qualified
community asset but doesn't include
any of the following.
• Gain attributable to periods after
December 31, 2014.
• 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 isn't an integral
part of a renewal community business.
• Gain from a related-party transaction.
See Sales and Exchanges Between
Related Persons in chapter 2 of Pub.
544.
How to report. Report the sale or
exchange of qualified community stock
or a qualified community partnership
interest on Form 8949, Part II, with the
appropriate box checked, as you would
if you weren't taking the exclusion.
Then, enter “X” in column (f) and enter
the amount of the exclusion as a
negative number in column (g). Put it in
parentheses to show it is negative. See
the instructions for Form 8949, columns
(f), (g), and (h). Complete all remaining
columns.
Report the sale or exchange of
qualified community business property
on Form 4797. See the Form 4797
instructions for details.
Deferral of gain invested in a Qualified Opportunity Fund (QOF). If the

estate or trust has an eligible gain
(defined below), it can invest that gain in
a QOF and elect to defer part or all of
the gain that it would otherwise include
in income until the estate or trust sells or
exchanges the investment in the QOF
or December 31, 2026, whichever is
earlier. If the election is made, only
include gain to the extent, if any, that the
amount of realized gain is more than the
aggregate amount invested in a QOF
during the 180-day period beginning on
the date the gain was realized. The
estate or trust may also be able to
permanently exclude the gain from the
sale or exchange of any investment in a
QOF if the investment is held for at least
10 years.
QOF. A QOF is any investment
vehicle that is organized as either a
corporation or partnership for the
purpose of investing in eligible property
that is located in a Qualified Opportunity
Zone.
Eligible gain. Gain that is eligible to
be deferred if it is invested in a QOF
includes any amount treated as a capital
gain for federal income tax purposes.
See section 1400Z for more details on
QOFs and the special rules. Also, see
IRS.gov/Newsroom/Opportunity-ZonesFrequently-Asked-Questions.
How to report. Report the eligible
gain as you normally would on
Schedule D (Form 1041). See the Form
8949 instructions for how to report the
deferral. You also need to attach Form
8997 annually until you dispose of the
QOF investment. See the Instructions
for Form 8997.

Specific Instructions

!

CAUTION

The instructions below assume
the estate or trust is a cash
basis calendar-year taxpayer.

Rounding Off Whole Dollars

You can round off cents to whole dollars
on your Schedule D (Form 1041). If you
do round to whole dollars, you must
round all amounts. To round, drop
amounts under 50 cents and increase
amounts from 50 to 99 cents to the next
dollar. For example, $1.39 becomes $1
and $2.50 becomes $3.
If you have to add two or more
amounts to figure the amount to enter
on a line, include cents when adding the
amounts and round off only the total.
If you are entering amounts that
include cents, make sure to include the
decimal point. There is no cents column
on the form.
-6-

Disposal of QOF investment

If you disposed of any investment in a
QOF during the tax year, check the box
on page 1 of Schedule D and see the
Instructions for Form 8949 for additional
reporting requirements. You must also
complete Part III of Form 8997. See the
Instructions for Form 8997 for details.

Lines 1a and 8a—Transactions
Not Reported on Form 8949

The estate or trust can report on line 1a
(for short-term transactions) or line 8a
(for long-term transactions) the
aggregate totals from any transactions
(except sales of collectibles) for which:
• The estate or trust received a Form
1099-B (or substitute statement) that
shows basis was reported to the IRS
and doesn't show any adjustments in
boxes 1f or 1g,
• The Ordinary check box in box 2 of
Form 1099-B is not checked,
• The QOF check box in box 3 of Form
1099-B is not checked,
• The estate or trust isn't electing to
defer income due to an investment in a
QOF and isn't terminating deferral from
an investment in a QOF, and
• The estate or trust doesn't need to
make any adjustments to the basis or
type of gain or loss (short term or long
term) reported on Form 1099-B (or
substitute statement), or to its gain or
loss.
See How To Complete Form 8949,
Columns (f) and (g), in the Form 8949
instructions for details about possible
adjustments to your gain or loss.
If the estate or trust chooses to report
these transactions on lines 1a and 8a,
don't report them on Form 8949. You
don't need to attach a statement to
explain the entries on lines 1a and 8a.
Figure gain or loss on each line. First,
subtract the cost or other basis in
column (e) from the proceeds (sales
price) in column (d). Enter the gain or
loss in column (h). Enter negative
amounts in parentheses.
Example 1—basis reported to the
IRS. The estate or trust received a Form
1099-B reporting the sale of stock held
for 3 years. It shows proceeds (in
box 1d) of $6,000 and cost or other
basis (in box 1e) of $2,000. Box 12 is
checked, meaning that basis was
reported to the IRS. The estate or trust
doesn't need to make any adjustments
to the amounts reported on Form
1099-B or enter any codes. This was
the estate’s or trust's only 2021
transaction. Instead of reporting this
transaction on Form 8949, the estate or

2021 Instructions for Schedule D (Form 1041)

trust can enter $6,000 on Schedule D,
line 8a, column (d); $2,000 in column
(e); and $4,000 ($6,000 – $2,000) in
column (h).
If you had a second transaction that
was the same except that the proceeds
were $5,000 and the basis was $3,000,
combine the two transactions. Enter
$11,000 ($6,000 + $5,000) on
Schedule D, line 8a, column (d); $5,000
($2,000 + $3,000) in column (e); and
$6,000 ($11,000 – $5,000) in column
(h).
Example 2—basis not reported to
the IRS. The estate or trust received a
Form 1099-B showing proceeds (in
box 1d) of $6,000 and cost or other
basis (in box 1e) of $2,000. Box 12 isn't
checked, meaning that basis wasn't
reported to the IRS. Don't report this
transaction on line 1a or line 8a.
Instead, report the transaction on Form
8949. Complete all necessary pages of
Form 8949 before completing line 1b, 2,
3, 8b, 9, or 10 of Schedule D (Form
1041).
Example 3—adjustment. The
estate or trust received a Form 1099-B
showing proceeds (in box 1d) of $6,000
and cost or other basis (in box 1e) of
$2,000. Box 12 is checked, meaning
that basis was reported to the IRS.
However, the basis shown in box 1e is
incorrect. Don't report this transaction
on line 1a or line 8a. Instead, report the
transaction on Form 8949. See the
Instructions for Form 8949, columns (f),
(g), and (h). Complete all necessary
pages of Form 8949 before completing
line 1b, 2, 3, 8b, 9, or 10 of Schedule D
(Form 1041).

Lines 1b, 2, 3, 8b, 9, and 10,
Column (h)—Transactions
Reported on Form 8949

Figure gain or loss on each line. First,
subtract the cost or other basis in
column (e) from the proceeds (sales
price) in column (d). Then, combine the
result with any adjustments in column
(g). Enter the gain or loss in column (h).
Enter negative amounts in parentheses.
Example 1—gain. Column (d) is
$6,000 and column (e) is $2,000. Enter
$4,000 in column (h).
Example 2—loss. Column (d) is
$6,000 and column (e) is $8,000. Enter
($2,000) in column (h).
Example 3—adjustment. Column
(d) is $6,000, column (e) is $2,000, and
column (g) is ($1,000). Enter $3,000
($6,000 − $2,000 − $1,000) in column
(h).

Lines 4 and 11
Undistributed capital gains. Include
on line 11, column (h), the amount from
box 1a of Form 2439. This amount
represents the estate's or trust's share
of undistributed long-term capital gains
from a regulated investment company
(mutual fund) or real estate investment
trust.
If there is an amount in box 1b of
Form 2439, include that amount on
line 11 of the Unrecaptured Section
1250 Gain Worksheet, later, if you are
required to complete line 18b, column
(2) of the schedule. If there is an amount
in box 1c of Form 2439, see Exclusion
of Gain on Qualified Small Business
(QSB) Stock (Section 1202), earlier. If
there is an amount in box 1d of Form
2439, include that amount on line 4 of
the 28% Rate Gain Worksheet, later.
Enter on Form 1041, Schedule G,
Part II, line 16a, the tax paid as reported
in box 2 of Form 2439. Increase the
basis of the stock by the excess of the
amount included in income over the
amount of the credit for tax paid. See
Pub. 550 for more details.
Installment sales. If the estate or trust
sold property (other than publicly traded
stocks or securities) at a gain during the
tax year and will receive a payment in a
later tax year, you generally report the
sale on the installment method and file
Form 6252, unless you elect not to do
so.
Also, use Form 6252 to report any
payment received in 2021 from a sale
made in an earlier tax year that was
reported on the installment method.
To elect out of the installment
method, report the full amount of the
gain on Form 8949 on a timely filed
return (including extensions) for the year
of the sale. If the original return was filed
timely, the election may be made on an
amended return filed no later than 6
months after the due date of the original
return (excluding extensions). Write
“Filed pursuant to section 301.9100-2”
at the top of the amended return, and
file it at the same address as the original
Form 1041.
Exchange of “like-kind” property.
Generally, no gain or loss is recognized
when property held for productive use in
a trade or business or for investment is
exchanged solely for property of a like
kind to be held either for productive use
in a trade or business or for investment.
However, if a trust exchanges like-kind
property with a related person (see
Related Persons, earlier) and within 2
years of the last transfer that was part of

2021 Instructions for Schedule D (Form 1041)

-7-

the exchange, the related person
disposes of the property, or the trust
disposes of the property received in
exchange from the related person, then
the original exchange will not qualify for
nonrecognition. See section 1031(f) for
exceptions.
Complete and attach Form 8824 to
Form 1041 for each exchange.

Line 13—Capital Gain
Distributions

Enter as a long-term capital gain on
line 13, column (h), the total capital gain
distributions paid during the year,
regardless of how long the estate or
trust held its investment. This amount is
reported 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, later, if the worksheet is
required. If there is an amount in box 2c,
see Exclusion of Gain on Qualified
Small Business (QSB) Stock (Section
1202), earlier. If there is an amount in
box 2d of Form 1099-DIV, include the
amount on line 4 of the 28% Rate Gain
Worksheet, later.

Line 17, Column
(1)—Beneficiaries' Net
Short-Term Capital Gain or
Loss

Enter the amount of net short-term
capital gain or loss allocable to the
beneficiary or beneficiaries. Include only
those short-term capital losses that are
taken into account in determining the
amount of gain from the sale or
exchange of capital assets that is paid,
credited, or required to be distributed to
any beneficiary during the tax year. See
Regulations section 1.643(a)-3 for more
information about allocation of capital
gains and losses.
If the losses from the sale or
exchange of capital assets are more
than the gains, the net loss must be
allocated to the estate or trust and not to
the beneficiaries.

Line 17, Column (2)—Estate's
or Trust's Net Short-Term
Capital Gain or Loss

Enter the amount of the net short-term
capital gain or loss allocable to the
estate or trust. Include any capital gain
paid or permanently set aside for a
charitable purpose specified in section
642(c).

Line 17, Column (3)—Total

Enter the total of the amounts entered in
columns (1) and (2). The amount in

Unrecaptured Section 1250 Gain Worksheet—Line 18b

Keep for Your Records

If the estate or trust isn't reporting a gain on Form 4797, line 7, skip lines 1 through 9 and go to
line 10.
1. If the estate or trust has 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 the estate or trust didn't have any such property, go to line 4. If it 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 the estate or trust 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 the estate or trust 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 didn't make an entry in Part I
of Form 4797 for the year of sale (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Add lines 9 through 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. If the estate or trust had any section 1202 gain or collectibles gain or (loss), enter
the total of lines 1 through 4 of the 28% Rate Gain Worksheet. 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 the estate's or trust's long-term capital loss carryovers from Schedule D,
line 15, and from Schedule K-1 (Form 1041), box 11, code D, from another
)
estate or trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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-. Enter the
result here and in the appropriate columns of Schedule D, line 18b . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

column (3) should be the same as the
amount on line 7.

Line 18a—Net Long-Term
Capital Gain or Loss

Allocate the net long-term capital gain or
loss on line 18a in the same manner as
the net short-term capital gain or loss on
line 17. However, don't take the section
1202 exclusion on gain from the sale or
exchange of qualified small business
stock into account when figuring net
long-term capital gain or loss allocable
to the beneficiaries.

Line 18b—Unrecaptured
Section 1250 Gain

Complete the Unrecaptured Section
1250 Gain Worksheet, above, if any of
the following apply.
• During the tax year, the estate or trust
sold or otherwise disposed of section
1250 property (generally, real property
that was depreciated) held more than 1
year.

• The estate or trust received
installment payments during the tax
year for section 1250 property held
more than 1 year and is reporting gain
on the installment method.
• The estate or trust received a
Schedule K-1 from an estate or trust,
partnership, or S corporation that
reports “unrecaptured section 1250
gain” for the tax year.
• The estate or trust 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” for the tax year.
• The estate or trust reported a
long-term capital gain from the sale or
exchange of an interest in a partnership
that owned section 1250 property.

1.
2.
3.
4.
5.
6.

9.
10.
11.
12.
13.

17.
18.

Instructions for the
Unrecaptured Section 1250
Gain Worksheet
Lines 1 through 3. If the estate or trust
had more than one property, complete
lines 1 through 3 for each property on a
separate worksheet. Next, enter the
total amount for all properties on line 3;
then, 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 the 2021
Form 4797 (or the comparable lines of
Form 4797 for the year of sale) for that
property.
Step 2. Reduce the amount figured
in step 1 by any section 1250 ordinary

-8-

2021 Instructions for Schedule D (Form 1041)

income recapture for the sale. This is
the amount from line 26g of the 2021
Form 4797 (or the comparable line of
Form 4797 for the year of sale) for that
property. The result is the 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 during
the tax year as the smaller of (a) the
amount from line 26 or line 37 of the
2021 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.
Line 10. Include on line 10 the estate's
or trust's share of 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 the estate or trust
sold or exchanged its interest in that
partnership. If the estate or trust
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.
Line 12. An example of an amount
reported on line 12 as an “other
disposition” includes unrecaptured

section 1250 gain from the sale of a
vacation home previously used as a
rental property that was converted to
personal use before the sale. To figure
the amount to enter on line 12, follow
the applicable instructions below.

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.

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 didn't make an entry in Part I of
Form 4797 for the year of sale.

Other sales or dispositions of
section 1250 property. For each sale
of property held more than 1 year (for
which an entry wasn't made 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 amount is
the smaller of line 22 or line 24 of Form
4797 for that property. Then, reduce
that amount by any section 1250
ordinary income recapture for the sale.
This is the amount from line 26g of Form
4797 for that property. The result is the
total unrecaptured section 1250 gain for
the sale. Include this amount on line 12.

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 the 2021
Form 4797 (or comparable lines of Form
4797 for the year of sale) for that
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 the 2021
Form 4797 (or the comparable line of
Form 4797 for the year of sale) for that
property. The result is the 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 during
the tax year as the smaller of (a) the
amount from line 26 or line 37 of the
2021 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

2021 Instructions for Schedule D (Form 1041)

-9-

Line 18c—28% Rate Gain

Complete the 28% Rate Gain
Worksheet, later, if lines 18a and 19 of
column (3) are both greater than zero
and at least one of the following applies.
• The estate or trust reported in Part II
of Form 8949 a section 1202 exclusion
from the eligible gain on qualified small
business stock (as discussed earlier), or
• The estate or trust reported in Part II
of Form 8949 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.
Also include 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 that is attributable
to the unrealized appreciation of
collectibles. For details, see Regulations
section 1.1(h)-1. Attach the statement
required under Regulations section
1.1(h)-1(e) to Schedule D.

28% Rate Gain Worksheet—Line 18c

.

Keep for Your Records

1. Enter the total of all collectibles gain or (loss) from items reported on Form 8949, Part II . . . . . . . . . . . . . . . . . 1.
2. Enter as a positive number the total of:
• Any section 1202 exclusion you reported in column (g) of Form 8949, Part II, with code “Q” in
column (f), for which you excluded 50% of the gain;
• 2/3 of any section 1202 exclusion you reported in column (g) of Form 8949, Part II, with code “Q”
. . . . .2.
in column (f), for which you excluded 60% of the gain; and
• 1/3 of any section 1202 exclusion you reported in column (g) of Form 8949, Part II, with code “Q”
in column (f), for which you excluded 75% of the gain.
Don't make an entry for any section 1202 exclusion that is 100% 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.
4. Enter the total of any collectibles gain reported to the estate or trust on:
• Form 1099-DIV, box 2d;
. . . . .4.
• Form 2439, box 1d; and
• Schedule K-1 from a partnership, S corporation, estate, or trust.
5. Enter the estate's or trust's long-term capital loss carryovers from Schedule D, line 15, and from box 11,
5. (
code D of Schedule K-1 (Form 1041) from another estate or trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. If Schedule D, line 7 is a (loss), enter that (loss) here. Otherwise, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. (

)
)

7. Combine lines 1 through 6. If zero or less, enter -0-. If more than zero, also enter this amount in the
appropriate columns of Schedule D, line 18c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.

-10-

2021 Instructions for Schedule D (Form 1041)

Capital Loss Carryover Worksheet

Keep for Your Records

Use this worksheet to figure the estate's or trust's capital loss carryovers from 2021 to 2022 if Schedule D, line 20
is a loss and (a) the loss on Schedule D, line 19, col. (3) is more than $3,000 or (b) Form 1041, page 1, line 23 is a
loss.
1. Enter taxable income or (loss) from Form 1041, line 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.

2. Enter the loss from line 20 of Schedule D as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

3. Enter amount from Form 1041, line 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

4. Adjusted taxable income. Combine lines 1, 2, and 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . .

4.

5. Enter the smaller of line 2 or line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

Note: If line 7 of Schedule D is a loss, go to line 6; otherwise, enter -0- on line 6 and go to
line 10.
6. Enter loss from Schedule D, line 7 as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

7. Enter gain, if any, from Schedule D, line 16. If that line is blank or shows a loss,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7.
8. Add lines 5 and 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.

9. Short-term capital loss carryover to 2022. Subtract line 8 from line 6. If zero or less, enter -0-. If this
is the final return of the estate or trust, also enter on Schedule K-1 (Form 1041), box 11, using
code C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Note: If line 16 of Schedule D is a loss, go to line 10; otherwise, skip lines 10 through 14.
10. Enter loss from Schedule D, line 16, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Enter gain, if any, from Schedule D, line 7. If that line is blank or shows a loss,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. Subtract line 6 from line 5. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.
10.

11.

12.
13. Add lines 11 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.

14. Long-term capital loss carryover to 2022. Subtract line 13 from line 10. If zero or less, enter -0-. If
this is the final return of the estate or trust, also enter on Schedule K-1 (Form 1041), box 11, using
code D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14.

Line 19
Trusts filing Schedule D (Form
1041) with Form 990-T that
CAUTION have more than one unrelated
trade or business must compute
unrelated business taxable income
separately for each trade or business.
The separate amount from each
unrelated trade or business must be
reported on line 4a of Part I of the
Schedule A (Form 990-T) completed for
the specific trade or business.

!

Part IV—Capital Loss Limitation

If the sum of all capital losses is more
than the sum of all capital gains, the
capital losses are allowed as a
deduction, but only to the extent of the
smaller of the net loss or $3,000.
For any year (including the final year)
in which capital losses exceed capital
gains, the estate or trust may have a
capital loss carryover. Use the Capital
Loss Carryover Worksheet above to
figure any capital loss carryover. A

capital loss carryover may be carried
forward indefinitely. Capital losses keep
their character as either short-term or
long-term when carried over to the
following year.

Line 20
Trusts filing Schedule D (Form
1041) with Form 990-T that
CAUTION have more than one unrelated
trade or business must compute
unrelated business taxable income
separately for each trade or business.
The separate amount from each
unrelated trade or business must be
reported on line 4c of Part I of the
Schedule A (Form 990-T) ) completed
for the specific trade or business.

!

Part V—Tax Computation Using
Maximum Capital Gains Rates
Line 26
If the estate or trust received qualified
dividends or capital gains as income in
respect of a decedent and a section

2021 Instructions for Schedule D (Form 1041)

-11-

691(c) deduction was claimed, you
must reduce the amount on Form 1041,
page 1, line 2b(2), or Schedule D,
line 22 (line 7 of the Schedule D Tax
Worksheet, if applicable) by the portion
of the section 691(c) deduction claimed
on Form 1041, page 1, line 19, that is
attributable to the estate's or trust's
portion of qualified dividends or capital
gains.

Line 45
If the tax using the maximum capital
gains rates is less than the regular tax,
enter the amount from line 45 on line 1a
of Schedule G, Part I, Form 1041.

Schedule D Tax Worksheet
If you completed the Schedule D Tax
Worksheet next instead of Part V of
Schedule D, be sure to enter the
amount from line 44 of the worksheet on
line 1a of Schedule G, Part I, Form
1041.

Schedule D Tax Worksheet

Keep for Your Records

Complete this worksheet only if:
• On Schedule D, line 18b, column (2), or line 18c, column (2), is more than zero, or
• Both line 2b(1) of Form 1041 and line 4g of Form 4952 are more than zero, or
• There are amounts on lines 4e and 4g of Form 4952.
Exception: Don't use this worksheet to figure the estate's or trust's tax if line 18a, column (2), or line 19, column (2), of Schedule D or Form
1041, line 23 is zero or less; instead, see the Instructions for Form 1041, Schedule G, Part I, line 1a.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17a.
17b.
17c.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.

Enter the estate's or trust's taxable income from Form 1041, line 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter qualified dividends, if any, from Form 1041, line 2b(2) . . . . . . . . 2.
Enter the amount from Form 4952, line 4g . . . . . . . . . . 3.
Enter the amount from Form 4952, line 4e* . . . . . . . . . 4.
Subtract line 4 from line 3. If zero or less, enter -0- . . . . . . . . . . . . . . . 5.
Subtract line 5 from line 2. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
Enter the smaller of line 18a, col. (2) or line 19, col. (2) from
Sch. D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.
Enter the smaller of line 3 or line 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 8.
Subtract line 8 from line 7. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
Add lines 6 and 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.
Add lines 18b, column (2) and 18c, column (2) from Schedule D . . . . . . . . . . . . . . . . . . 11.
Enter the smaller of line 9 or line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.
Subtract line 12 from line 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subtract line 13 from line 1. If zero or less, enter -0-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the smaller of line 1 or $2,700 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.
Enter the smaller of line 14 or line 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.
Subtract line 10 from line 1. If zero or less, enter -0- . . . . . . . . . . . . . . 17a.
Enter the smaller of line 1 or $9,550 . . . . . . . . . . . . . . . . . . . . . . . . . 17b.
Enter the smaller of line 14 or line 17b . . . . . . . . . . . . . . . . . . . . . . . . 17c.
Enter the larger of line 17a or line 17c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18.
Subtract line 16 from line 15. This amount is taxed at 0% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19.
If lines 1 and 15 are the same, skip lines 20 through 40 and go to line 41. Otherwise, go to line 20.
Enter the smaller of line 1 or line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the amount from line 19 (if line 19 is blank, enter -0-) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subtract line 21 from line 20. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22.
Enter the smaller of line 1 or $13,250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23.
Add lines 18 and 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.
Subtract line 24 from line 23. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.
Enter the smaller of line 22 or line 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26.
Multiply line 26 by 15% (0.15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.
Add lines 19 and 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29.
If lines 1 and 29 are the same, skip lines 30 through 40 and go to line 41. Otherwise, go to line 30
Subtract line 29 from line 20. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30.
Multiply line 30 by 20% (0.20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the smaller of line 9 (above) or line 18b, col. (2) (from Schedule D) . . . . . . . . . . . . 32.
Add lines 10 and 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.
Enter the amount from line 1 above . . . . . . . . . . . . . . . . . . . . . . . . . . 34.
Subtract line 34 from line 33. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.
Subtract line 35 from line 32. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36.
Multiply line 36 by 25% (0.25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If Schedule D, line 18c, column (2) is zero or blank, skip lines 38 through 40 and go to line 41. Otherwise, go
to line 38.
Add lines 18, 19, 26, 30, and 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.
Subtract line 38 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39.
Multiply line 39 by 28% (0.28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Figure the tax on the amount on line 18. Use the 2021 Tax Rate Schedule in the Instructions for Form 1041 . . . . . . . . . .
Add lines 27, 31, 37, 40 and 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Figure the tax on the amount on line 1. Use the 2021 Tax Rate Schedule in the Instructions for Form 1041 . . . . . . . . . .
Tax on all taxable income (including capital gains and qualified dividends). Enter the smaller of line 42 or line 43
here and on Form 1041, Schedule G, Part I, line 1a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.

13.
14.

20.
21.

27.

31.

37.

40.
41.
42.
43.
44.

*If applicable, enter instead the smaller amount entered on the dotted line next to line 4e of Form 4952.

-12-

2021 Instructions for Schedule D (Form 1041)