The formulas
- Ordinary loss = lesser of the loss and $50,000 ($100,000 on a joint return)
- Capital loss portion = loss - ordinary loss
- Deductible capital loss = lesser of that portion and (capital gains + $3,000, or $1,500 if married filing separately)
How it works
Section 1244 treats a loss on qualifying small business stock as ordinary rather than capital, up to $50,000 a year, or $100,000 for spouses filing jointly. Any excess is a capital loss. The stock must have been issued for money or property to the individual or partnership claiming the loss.
The issuing corporation must be a domestic small business corporation, meaning its capital receipts including paid-in surplus did not exceed $1,000,000 when the stock was issued, and it must meet a gross receipts test. This tool assumes the stock qualifies and does not test those conditions.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Who can claim it?
Individuals and partnerships that were the original holders. Under section 1244(d)(4) a trust or estate is not an individual for this purpose.
Does the excess carry forward?
The capital part follows section 1211 and 1212. This tool shows the remainder as a carryforward.
Can one spouse claim more on a joint return?
The $100,000 limit applies to the couple filing jointly.
Sources
- 26 U.S.C. §1244 Losses on small business stock, Cornell Legal Information Institute
- 26 U.S.C. §1211 Limitation on capital losses, Cornell Legal Information Institute
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