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Nm Taxation And Revenue Department

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Nm Taxation And Revenue Department

Nm taxation and revenue department Index Symbols 403(b) plans, 403(b) Plans A Accounting methods, Nonaccrual-Experience Method Acquisition date: Special depreciation allowance, Acquisition date test. Nm taxation and revenue department Special Liberty Zone depreciation allowance, Acquisition date test. Nm taxation and revenue department Annuities, tax-sheltered 403(b) plans, 403(b) Plans Assistance (see Tax help) Automobile (see Passenger automobile) B Bonds: New York Liberty, Tax Incentives for New York Liberty Zone Qualified zone academy, Issuance of Qualified Zone Academy Bonds C Car (see Passenger automobile) Car expenses, Car Expenses Catch-up contributions, 403(b), 403(b) Plans Child and dependent care, Child and Dependent Care Expenses Church employees and ministers, Years of service for church employees and ministers. Nm taxation and revenue department Clean-fuel vehicle, Electric and Clean-Fuel Vehicles Comments, Comments and suggestions. Nm taxation and revenue department Credit: Child and dependent care, Child and Dependent Care Expenses Credit for pension plan startup, Credit For Pension Plan Startup Costs Electric vehicles, Electric and Clean-Fuel Vehicles Indian employment, Indian Employment Credit Extended Renewable electricity production, Renewable Electricity Production Credit Welfare-to-work, Welfare-to-Work Credit Extended Work opportunity, Work Opportunity Credit Expanded in New York Liberty Zone , Work Opportunity Credit Extended D Deduction limit, automobile, Passenger Automobiles Deemed IRAs, Deemed IRAs Depletion, Depletion Depreciation: New property, Special Depreciation Allowance Property on reservations, Depreciation of Property Used on Indian Reservations Special depreciation allowance, Special Depreciation Allowance Special Liberty Zone depreciation allowance, Special Liberty Zone Depreciation Allowance Supplement to Publication 946, Depreciation E Election: Deemed not to claim special allowance, Deemed election. Nm taxation and revenue department Not to claim special allowance, Election Not To Claim the Allowance Not to claim special Liberty Zone allowance, Election Not To Claim the Liberty Zone Allowance Electric vehicle, Electric and Clean-Fuel Vehicles Eligible educator, Deduction for Educator Expenses Estimated tax payments, Adjusting your withholding or estimated tax payments for 2002. Nm taxation and revenue department Excepted property: Special depreciation allowance, Excepted Property Special Liberty Zone depreciation allowance, Excepted property. Nm taxation and revenue department F Foreign missionaries, Foreign missionaries. Nm taxation and revenue department Form 1099, Electronic Form 1099 Free tax services, How To Get Tax Help H Help (see Tax help) I Indian employment credit, Indian Employment Credit Extended Indian reservations, depreciation rules, Depreciation of Property Used on Indian Reservations IRAs, Deemed IRAs L Leasehold improvement property, defined, Qualified leasehold improvement property. Nm taxation and revenue department Liberty Zone leasehold improvement property: Defined, Qualified New York Liberty Zone leasehold improvement property. Nm taxation and revenue department Depreciated as 5-year property, Liberty Zone Leasehold Improvement Property Returns filed before June 1, 2002, Returns Filed Before June 1, 2002 Liberty Zone property: Increased section 179 dollar limit, Increased Dollar Limit Reduced section 179 dollar limit, Reduced Dollar Limit M Marginal production, Depletion More information (see Tax help) N Net operating losses, New 5-Year Carryback Rule for Net Operating Losses (NOLs), New 5-Year Carryback Rule for Net Operating Losses (NOLs) New York Liberty Zone: Area defined, New York Liberty Zone Benefits Leasehold improvement property, Liberty Zone Leasehold Improvement Property Section 179 deduction, Increased Section 179 Deduction Special depreciation, Special Liberty Zone Depreciation Allowance Tax incentives, Tax Incentives for New York Liberty Zone Work opportunity credit, Work Opportunity Credit Expanded in New York Liberty Zone NOLs, New 5-Year Carryback Rule for Net Operating Losses (NOLs), New 5-Year Carryback Rule for Net Operating Losses (NOLs) Nonaccrual-experience method, Nonaccrual-Experience Method Nonresidential real property, Nonresidential real property and residential rental property. Nm taxation and revenue department P Passenger automobile, limit on, Passenger Automobiles Pension plan startup costs, Credit For Pension Plan Startup Costs Placed in service date, Placed in service date test. Nm taxation and revenue department , Placed in service date test. Nm taxation and revenue department Plans, tax-sheltered annuities, 403(b) plans, 403(b) Plans Publications (see Tax help) Q Qualified leasehold improvement property, defined, Qualified leasehold improvement property. Nm taxation and revenue department Qualified Liberty Zone leasehold improvement property, Qualified New York Liberty Zone leasehold improvement property. Nm taxation and revenue department Qualified property: Increased section 179 deduction, Qualified property. Nm taxation and revenue department Special depreciation allowance, Qualified Property Special Liberty Zone depreciation allowance, Qualified Liberty Zone Property Qualified zone academy bonds, Issuance of Qualified Zone Academy Bonds R Recapture, section 179 deduction, Recapture Rules Renewable electricity, Renewable Electricity Production Credit Residential rental property, Nonresidential real property and residential rental property. Nm taxation and revenue department Rollovers, 403(b) plans, Rollovers to and from 403(b) plans. Nm taxation and revenue department S Section 1256 contracts, Wash Sale Rules Do Not Apply to Section 1256 Contracts Section 179 deduction: Increased dollar limit for Liberty Zone property, Increased Dollar Limit Reduced dollar limit for Liberty Zone property, Reduced Dollar Limit Returns filed before June 1, 2002, Returns Filed Before June 1, 2002 Simplified employee pensions (SEPs), Simplified Employee Pensions (SEPs) Special depreciation allowance: Election not to claim, Election Not To Claim the Allowance Excepted property, Excepted Property Qualified property, Qualified Property Requirements for claiming, Qualified Property Returns filed before June 1, 2002, Rules for Returns Filed Before June 1, 2002 Tests for qualification, Tests To Be Met Special Liberty Zone depreciation allowance: Election not to claim, Election Not To Claim the Liberty Zone Allowance Excepted property, Excepted property. Nm taxation and revenue department Qualified property, Qualified Liberty Zone Property Requirements for claiming, Qualified Liberty Zone Property Returns filed before June 1, 2002, Returns filed before June 1, 2002. Nm taxation and revenue department Tests for qualification, Tests to be met. Nm taxation and revenue department Substantial use, special Liberty Zone depreciation allowance, Substantial use test. Nm taxation and revenue department Suggestions, Comments and suggestions. Nm taxation and revenue department T Tax help, How To Get Tax Help Tax-sheltered annuity plans, 403(b) plans, 403(b) Plans Taxpayer Advocate, Contacting your Taxpayer Advocate. Nm taxation and revenue department Teachers, classroom materials, Deduction for Educator Expenses Tests for qualification, Tests To Be Met, Tests to be met. Nm taxation and revenue department TTY/TDD information, How To Get Tax Help W Wash sale rules, Wash Sale Rules Do Not Apply to Section 1256 Contracts Welfare-to-work credit, Welfare-to-Work Credit Extended Withholding, Adjusting your withholding or estimated tax payments for 2002. Nm taxation and revenue department Work opportunity credit, Work Opportunity Credit Expanded in New York Liberty Zone , Work Opportunity Credit Extended Y Years of service, church employees and ministers, Years of service for church employees and ministers. Nm taxation and revenue department Prev  Up     Home   More Online Publications
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Page Last Reviewed or Updated: 14-Mar-2014

The Nm Taxation And Revenue Department

Nm taxation and revenue department 4. Nm taxation and revenue department   Sales and Trades of Investment Property Table of Contents IntroductionNominees. Nm taxation and revenue department Topics - This chapter discusses: Useful Items - You may want to see: What Is a Sale or Trade?Dividend versus sale or trade. Nm taxation and revenue department Worthless Securities Constructive Sales of Appreciated Financial Positions Section 1256 Contracts Marked to Market Basis of Investment PropertyCost Basis Basis Other Than Cost Adjusted Basis Stocks and Bonds How To Figure Gain or LossFair market value. Nm taxation and revenue department Debt paid off. Nm taxation and revenue department Payment of cash. Nm taxation and revenue department Special Rules for Mutual Funds Nontaxable TradesLike-Kind Exchanges Corporate Stocks Exchange of Shares In One Mutual Fund For Shares In Another Mutual Fund Insurance Policies and Annuities U. Nm taxation and revenue department S. Nm taxation and revenue department Treasury Notes or Bonds Transfers Between Spouses Related Party TransactionsGain on Sale or Trade of Depreciable Property Capital Gains and LossesCapital or Ordinary Gain or Loss Holding Period Nonbusiness Bad Debts Short Sales Wash Sales Options Straddles Sales of Stock to ESOPs or Certain Cooperatives Rollover of Gain From Publicly Traded Securities Gains on Qualified Small Business Stock Exclusion of Gain From DC Zone Assets Reporting Capital Gains and LossesException 1. Nm taxation and revenue department Exception 2. Nm taxation and revenue department Section 1256 contracts and straddles. Nm taxation and revenue department Market discount bonds. Nm taxation and revenue department File Form 1099-B or Form 1099-S with the IRS. Nm taxation and revenue department Capital Losses Capital Gain Tax Rates Special Rules for Traders in SecuritiesHow To Report Introduction This chapter explains the tax treatment of sales and trades of investment property. Nm taxation and revenue department Investment property. Nm taxation and revenue department   This is property that produces investment income. Nm taxation and revenue department Examples include stocks, bonds, and Treasury bills and notes. Nm taxation and revenue department Property used in a trade or business is not investment property. Nm taxation and revenue department Form 1099-B. Nm taxation and revenue department   If you sold property such as stocks, bonds, mutual funds, or certain commodities through a broker during the year, you should receive, for each sale, a Form 1099-B, Proceeds From Broker and Barter Exchange Transactions, or substitute statement, from the broker. Nm taxation and revenue department You should receive the statement by February 15 of the next year. Nm taxation and revenue department It will show the gross proceeds from the sale. Nm taxation and revenue department The IRS will also get a copy of Form 1099-B from the broker. Nm taxation and revenue department   Use Form 1099-B (or substitute statement received from your broker) to complete Form 8949. Nm taxation and revenue department If you sold a covered security in 2013, your broker will send you a Form 1099-B (or substitute statement) that shows your basis. Nm taxation and revenue department This will help you complete Form 8949. Nm taxation and revenue department Generally, a covered security is a security you acquired after 2010, with certain exceptions explained in the Instructions for Form 8949. Nm taxation and revenue department    For more information on Form 8949 and Schedule D (Form 1040), see Reporting Capital Gains and Losses in this chapter. Nm taxation and revenue department Also see the Instructions for Form 8949 and the Instructions for Schedule D (Form 1040). Nm taxation and revenue department Nominees. Nm taxation and revenue department   If someone receives gross proceeds as a nominee for you, that person will give you a Form 1099-B, which will show gross proceeds received on your behalf. Nm taxation and revenue department   If you receive a Form 1099-B that includes gross proceeds belonging to another person, see Nominees , later under Reporting Capital Gains and Losses for more information. Nm taxation and revenue department Other property transactions. Nm taxation and revenue department   Certain transfers of property are discussed in other IRS publications. Nm taxation and revenue department These include: Sale of your main home, discussed in Publication 523, Selling Your Home; Installment sales, covered in Publication 537; Various types of transactions involving business property, discussed in Publication 544, Sales and Other Dispositions of Assets; Transfers of property at death, covered in Publication 559; and Disposition of an interest in a passive activity, discussed in Publication 925. Nm taxation and revenue department Topics - This chapter discusses: What Is a Sale or Trade? , Basis of Investment Property , Adjusted Basis , How To Figure Gain or Loss , Nontaxable trades , Transfers Between Spouses , Related Party Transactions , Capital Gains and Losses , Reporting Capital Gains and Losses , and Special Rules for Traders in Securities . Nm taxation and revenue department Useful Items - You may want to see: Publication 551 Basis of Assets Form (and Instructions) Schedule D (Form 1040) Capital Gains and Losses 6781 Gains and Losses From Section 1256 Contracts and Straddles 8582 Passive Activity Loss Limitations 8824 Like-Kind Exchanges 8949 Sales and Other Dispositions of Capital Assets See chapter 5, How To Get Tax Help , for information about getting these publications and forms. Nm taxation and revenue department What Is a Sale or Trade? This section explains what is a sale or trade. Nm taxation and revenue department It also explains certain transactions and events that are treated as sales or trades. Nm taxation and revenue department A sale is generally a transfer of property for money or a mortgage, note, or other promise to pay money. Nm taxation and revenue department A trade is a transfer of property for other property or services, and may be taxed in the same way as a sale. Nm taxation and revenue department Sale and purchase. Nm taxation and revenue department   Ordinarily, a transaction is not a trade when you voluntarily sell property for cash and immediately buy similar property to replace it. Nm taxation and revenue department The sale and purchase are two separate transactions. Nm taxation and revenue department But see Like-Kind Exchanges under Nontaxable Trades, later. Nm taxation and revenue department Redemption of stock. Nm taxation and revenue department   A redemption of stock is treated as a sale or trade and is subject to the capital gain or loss provisions unless the redemption is a dividend or other distribution on stock. Nm taxation and revenue department Dividend versus sale or trade. Nm taxation and revenue department   Whether a redemption is treated as a sale, trade, dividend, or other distribution depends on the circumstances in each case. Nm taxation and revenue department Both direct and indirect ownership of stock will be considered. Nm taxation and revenue department The redemption is treated as a sale or trade of stock if: The redemption is not essentially equivalent to a dividend — see Dividends and Other Distributions in chapter 1, There is a substantially disproportionate redemption of stock, There is a complete redemption of all the stock of the corporation owned by the shareholder, or The redemption is a distribution in partial liquidation of a corporation. Nm taxation and revenue department Redemption or retirement of bonds. Nm taxation and revenue department   A redemption or retirement of bonds or notes at their maturity generally is treated as a sale or trade. Nm taxation and revenue department See Stocks, stock rights, and bonds and Discounted Debt Instruments under Capital or Ordinary Gain or Loss, later. Nm taxation and revenue department   In addition, a significant modification of a bond is treated as a trade of the original bond for a new bond. Nm taxation and revenue department For details, see Regulations section 1. Nm taxation and revenue department 1001-3. Nm taxation and revenue department Surrender of stock. Nm taxation and revenue department   A surrender of stock by a dominant shareholder who retains ownership of more than half of the corporation's voting shares is treated as a contribution to capital rather than as an immediate loss deductible from taxable income. Nm taxation and revenue department The surrendering shareholder must reallocate his or her basis in the surrendered shares to the shares he or she retains. Nm taxation and revenue department Trade of investment property for an annuity. Nm taxation and revenue department   The transfer of investment property to a corporation, trust, fund, foundation, or other organization, in exchange for a fixed annuity contract that will make guaranteed annual payments to you for life, is a taxable trade. Nm taxation and revenue department If the present value of the annuity is more than your basis in the property traded, you have a taxable gain in the year of the trade. Nm taxation and revenue department Figure the present value of the annuity according to factors used by commercial insurance companies issuing annuities. Nm taxation and revenue department Transfer by inheritance. Nm taxation and revenue department   The transfer of property of a decedent to the executor or administrator of the estate, or to the heirs or beneficiaries, is not a sale or other disposition. Nm taxation and revenue department No taxable gain or deductible loss results from the transfer. Nm taxation and revenue department Termination of certain rights and obligations. Nm taxation and revenue department   The cancellation, lapse, expiration, or other termination of a right or obligation (other than a securities futures contract) with respect to property that is a capital asset (or that would be a capital asset if you acquired it) is treated as a sale. Nm taxation and revenue department Any gain or loss is treated as a capital gain or loss. Nm taxation and revenue department   This rule does not apply to the retirement of a debt instrument. Nm taxation and revenue department See Redemption or retirement of bonds , earlier. Nm taxation and revenue department Worthless Securities Stocks, stock rights, and bonds (other than those held for sale by a securities dealer) that became completely worthless during the tax year are treated as though they were sold on the last day of the tax year. Nm taxation and revenue department This affects whether your capital loss is long term or short term. Nm taxation and revenue department See Holding Period , later. Nm taxation and revenue department Worthless securities also include securities that you abandon after March 12, 2008. Nm taxation and revenue department To abandon a security, you must permanently surrender and relinquish all rights in the security and receive no consideration in exchange for it. Nm taxation and revenue department All the facts and circumstances determine whether the transaction is properly characterized as an abandonment or other type of transaction, such as an actual sale or exchange, contribution to capital, dividend, or gift. Nm taxation and revenue department If you are a cash basis taxpayer and make payments on a negotiable promissory note that you issued for stock that became worthless, you can deduct these payments as losses in the years you actually make the payments. Nm taxation and revenue department Do not deduct them in the year the stock became worthless. Nm taxation and revenue department How to report loss. Nm taxation and revenue department   Report worthless securities in Form 8949, Part I or Part II, whichever applies. Nm taxation and revenue department    Report your worthless securities transactions on Form 8949 with the correct box checked for these transactions. Nm taxation and revenue department See Form 8949 and the Instructions for Form 8949. Nm taxation and revenue department Filing a claim for refund. Nm taxation and revenue department   If you do not claim a loss for a worthless security on your original return for the year it becomes worthless, you can file a claim for a credit or refund due to the loss. Nm taxation and revenue department You must use Form 1040X, Amended U. Nm taxation and revenue department S. Nm taxation and revenue department Individual Income Tax Return, to amend your return for the year the security became worthless. Nm taxation and revenue department You must file it within 7 years from the date your original return for that year had to be filed, or 2 years from the date you paid the tax, whichever is later. Nm taxation and revenue department (Claims not due to worthless securities or bad debts generally must be filed within 3 years from the date a return is filed, or 2 years from the date the tax is paid, whichever is later. Nm taxation and revenue department ) For more information about filing a claim, see Publication 556. Nm taxation and revenue department Constructive Sales of Appreciated Financial Positions You are treated as having made a constructive sale when you enter into certain transactions involving an appreciated financial position (defined later) in stock, a partnership interest, or certain debt instruments. Nm taxation and revenue department You must recognize gain as if the position were disposed of at its fair market value on the date of the constructive sale. Nm taxation and revenue department This gives you a new holding period for the position that begins on the date of the constructive sale. Nm taxation and revenue department Then, when you close the transaction, you reduce your gain (or increase your loss) by the gain recognized on the constructive sale. Nm taxation and revenue department Constructive sale. Nm taxation and revenue department   You are treated as having made a constructive sale of an appreciated financial position if you: Enter into a short sale of the same or substantially identical property, Enter into an offsetting notional principal contract relating to the same or substantially identical property, Enter into a futures or forward contract to deliver the same or substantially identical property (including a forward contract that provides for cash settlement), or Acquire the same or substantially identical property (if the appreciated financial position is a short sale, an offsetting notional principal contract, or a futures or forward contract). Nm taxation and revenue department   You are also treated as having made a constructive sale of an appreciated financial position if a person related to you enters into a transaction described above with a view toward avoiding the constructive sale treatment. Nm taxation and revenue department For this purpose, a related person is any related party described under Related Party Transactions , later in this chapter. Nm taxation and revenue department Exception for nonmarketable securities. Nm taxation and revenue department   You are not treated as having made a constructive sale solely because you entered into a contract for sale of any stock, debt instrument, or partnership interest that is not a marketable security if it settles within 1 year of the date you enter into it. Nm taxation and revenue department Exception for certain closed transactions. Nm taxation and revenue department   Do not treat a transaction as a constructive sale if all of the following are true. Nm taxation and revenue department You closed the transaction on or before the 30th day after the end of your tax year. Nm taxation and revenue department You held the appreciated financial position throughout the 60-day period beginning on the date you closed the transaction. Nm taxation and revenue department Your risk of loss was not reduced at any time during that 60-day period by holding certain other positions. Nm taxation and revenue department   If a closed transaction is reestablished in a substantially similar position during the 60-day period beginning on the date the first transaction was closed, this exception still applies if the reestablished position is closed before the 30th day after the end of your tax year in which the first transaction was closed and, after that closing, (2) and (3) above are true. Nm taxation and revenue department   This exception also applies to successive short sales of an entire appreciated financial position. Nm taxation and revenue department For more information, see Revenue Ruling 2003-1 in Internal Revenue Bulletin 2003-3. Nm taxation and revenue department This bulletin is available at www. Nm taxation and revenue department irs. Nm taxation and revenue department gov/pub/irs-irbs/irb03-03. Nm taxation and revenue department pdf. Nm taxation and revenue department Appreciated financial position. Nm taxation and revenue department   This is any interest in stock, a partnership interest, or a debt instrument (including a futures or forward contract, a short sale, or an option) if disposing of the interest would result in a gain. Nm taxation and revenue department Exceptions. Nm taxation and revenue department   An appreciated financial position does not include the following. Nm taxation and revenue department Any position from which all of the appreciation is accounted for under marked-to-market rules, including section 1256 contracts (described later under Section 1256 Contracts Marked to Market ). Nm taxation and revenue department Any position in a debt instrument if: The position unconditionally entitles the holder to receive a specified principal amount, The interest payments (or other similar amounts) with respect to the position are payable at a fixed rate or a variable rate described in Regulations section 1. Nm taxation and revenue department 860G-1(a)(3), and The position is not convertible, either directly or indirectly, into stock of the issuer (or any related person). Nm taxation and revenue department Any hedge with respect to a position described in (2). Nm taxation and revenue department Certain trust instruments treated as stock. Nm taxation and revenue department   For the constructive sale rules, an interest in an actively traded trust is treated as stock unless substantially all of the value of the property held by the trust is debt that qualifies for the exception to the definition of an appreciated financial position (explained in (2) above). Nm taxation and revenue department Sale of appreciated financial position. Nm taxation and revenue department   A transaction treated as a constructive sale of an appreciated financial position is not treated as a constructive sale of any other appreciated financial position, as long as you continue to hold the original position. Nm taxation and revenue department However, if you hold another appreciated financial position and dispose of the original position before closing the transaction that resulted in the constructive sale, you are treated as if, at the same time, you constructively sold the other appreciated financial position. Nm taxation and revenue department Section 1256 Contracts Marked to Market If you hold a section 1256 contract at the end of the tax year, you generally must treat it as sold at its fair market value on the last business day of the tax year. Nm taxation and revenue department Section 1256 Contract A section 1256 contract is any: Regulated futures contract, Foreign currency contract, Nonequity option, Dealer equity option, or Dealer securities futures contract. Nm taxation and revenue department Exceptions. Nm taxation and revenue department   A section 1256 contract does not include: Interest rate swaps, Currency swaps, Basis swaps, Interest rate caps, Interest rate floors, Commodity swaps, Equity swaps, Equity index swaps, Credit default swaps, or Similar agreements. Nm taxation and revenue department For more details, including definitions of these terms, see section 1256. Nm taxation and revenue department Regulated futures contract. Nm taxation and revenue department   This is a contract that: Provides that amounts which must be deposited to, or can be withdrawn from, your margin account depend on daily market conditions (a system of marking to market), and Is traded on, or subject to the rules of, a qualified board of exchange. Nm taxation and revenue department A qualified board of exchange is a domestic board of trade designated as a contract market by the Commodity Futures Trading Commission, any board of trade or exchange approved by the Secretary of the Treasury, or a national securities exchange registered with the Securities and Exchange Commission. Nm taxation and revenue department Foreign currency contract. Nm taxation and revenue department   This is a contract that: Requires delivery of a foreign currency that has positions traded through regulated futures contracts (or settlement of which depends on the value of that type of foreign currency), Is traded in the interbank market, and Is entered into at arm's length at a price determined by reference to the price in the interbank market. Nm taxation and revenue department   Bank forward contracts with maturity dates longer than the maturities ordinarily available for regulated futures contracts are considered to meet the definition of a foreign currency contract if the above three conditions are satisfied. Nm taxation and revenue department   Special rules apply to certain foreign currency transactions. Nm taxation and revenue department These transactions may result in ordinary gain or loss treatment. Nm taxation and revenue department For details, see Internal Revenue Code section 988 and Regulations sections 1. Nm taxation and revenue department 988-1(a)(7) and 1. Nm taxation and revenue department 988-3. Nm taxation and revenue department Nonequity option. Nm taxation and revenue department   This is any listed option (defined later) that is not an equity option. Nm taxation and revenue department Nonequity options include debt options, commodity futures options, currency options, and broad-based stock index options. Nm taxation and revenue department A broad-based stock index is based on the value of a group of diversified stocks or securities (such as the Standard and Poor's 500 index). Nm taxation and revenue department Warrants based on a stock index that are economically, substantially identical in all material respects to options based on a stock index are treated as options based on a stock index. Nm taxation and revenue department Cash-settled options. Nm taxation and revenue department   Cash-settled options based on a stock index and either traded on or subject to the rules of a qualified board of exchange are nonequity options if the Securities and Exchange Commission (SEC) determines that the stock index is broad based. Nm taxation and revenue department   This rule does not apply to options established before the SEC determines that the stock index is broad based. Nm taxation and revenue department Listed option. Nm taxation and revenue department   This is any option traded on, or subject to the rules of, a qualified board or exchange (as discussed earlier under Regulated futures contract). Nm taxation and revenue department A listed option, however, does not include an option that is a right to acquire stock from the issuer. Nm taxation and revenue department Dealer equity option. Nm taxation and revenue department   This is any listed option that, for an options dealer: Is an equity option, Is bought or granted by that dealer in the normal course of the dealer's business activity of dealing in options, and Is listed on the qualified board of exchange where that dealer is registered. Nm taxation and revenue department   An “options dealer” is any person registered with an appropriate national securities exchange as a market maker or specialist in listed options. Nm taxation and revenue department Equity option. Nm taxation and revenue department   This is any option: To buy or sell stock, or That is valued directly or indirectly by reference to any stock or narrow-based security index. Nm taxation and revenue department  Equity options include options on a group of stocks only if the group is a narrow-based stock index. Nm taxation and revenue department Dealer securities futures contract. Nm taxation and revenue department   For any dealer in securities futures contracts or options on those contracts, this is a securities futures contract (or option on such a contract) that: Is entered into by the dealer (or, in the case of an option, is purchased or granted by the dealer) in the normal course of the dealer's activity of dealing in this type of contract (or option), and Is traded on a qualified board or exchange (as defined under Regulated futures contract , earlier). Nm taxation and revenue department A securities futures contract that is not a dealer securities futures contract is treated as described later under Securities Futures Contracts . Nm taxation and revenue department Marked-to-Market Rules A section 1256 contract that you hold at the end of the tax year will generally be treated as sold at its fair market value on the last business day of the tax year, and you must recognize any gain or loss that results. Nm taxation and revenue department That gain or loss is taken into account in figuring your gain or loss when you later dispose of the contract, as shown in the example under 60/40 rule, below. Nm taxation and revenue department Hedging exception. Nm taxation and revenue department   The marked-to-market rules do not apply to hedging transactions. Nm taxation and revenue department See Hedging Transactions , later. Nm taxation and revenue department 60/40 rule. Nm taxation and revenue department   Under the marked-to-market system, 60% of your capital gain or loss will be treated as a long-term capital gain or loss, and 40% will be treated as a short-term capital gain or loss. Nm taxation and revenue department This is true regardless of how long you actually held the property. Nm taxation and revenue department Example. Nm taxation and revenue department On June 22, 2012, you bought a regulated futures contract for $50,000. Nm taxation and revenue department On December 31, 2012 (the last business day of your tax year), the fair market value of the contract was $57,000. Nm taxation and revenue department You recognized a $7,000 gain on your 2012 tax return, treated as 60% long-term and 40% short-term capital gain. Nm taxation and revenue department On February 1, 2013, you sold the contract for $56,000. Nm taxation and revenue department Because you recognized a $7,000 gain on your 2012 return, you recognize a $1,000 loss ($57,000 − $56,000) on your 2013 tax return, treated as 60% long-term and 40% short-term capital loss. Nm taxation and revenue department Limited partners or entrepreneurs. Nm taxation and revenue department   The 60/40 rule does not apply to dealer equity options or dealer securities futures contracts that result in capital gain or loss allocable to limited partners or limited entrepreneurs (defined later under Hedging Transactions ). Nm taxation and revenue department Instead, these gains or losses are treated as short term. Nm taxation and revenue department Terminations and transfers. Nm taxation and revenue department   The marked-to-market rules also apply if your obligation or rights under section 1256 contracts are terminated or transferred during the tax year. Nm taxation and revenue department In this case, use the fair market value of each section 1256 contract at the time of termination or transfer to determine the gain or loss. Nm taxation and revenue department Terminations or transfers may result from any offsetting, delivery, exercise, assignment, or lapse of your obligation or rights under section 1256 contracts. Nm taxation and revenue department Loss carryback election. Nm taxation and revenue department   An individual having a net section 1256 contracts loss (defined later), generally can elect to carry this loss back 3 years instead of carrying it over to the next year. Nm taxation and revenue department See How To Report , later, for information about reporting this election on your return. Nm taxation and revenue department   The loss carried back to any year under this election cannot be more than the net section 1256 contracts gain in that year. Nm taxation and revenue department In addition, the amount of loss carried back to an earlier tax year cannot increase or produce a net operating loss for that year. Nm taxation and revenue department   The loss is carried to the earliest carryback year first, and any unabsorbed loss amount can then be carried to each of the next 2 tax years. Nm taxation and revenue department In each carryback year, treat 60% of the carryback amount as a long-term capital loss and 40% as a short-term capital loss from section 1256 contracts. Nm taxation and revenue department   If only a portion of the net section 1256 contracts loss is absorbed by carrying the loss back, the unabsorbed portion can be carried forward, under the capital loss carryover rules, to the year following the loss. Nm taxation and revenue department (See Capital Losses under Reporting Capital Gains and Losses, later. Nm taxation and revenue department ) Figure your capital loss carryover as if, for the loss year, you had an additional short-term capital gain of 40% of the amount of net section 1256 contracts loss absorbed in the carryback years and an additional long-term capital gain of 60% of the absorbed loss. Nm taxation and revenue department In the carryover year, treat any capital loss carryover from losses on section 1256 contracts as if it were a loss from section 1256 contracts for that year. Nm taxation and revenue department Net section 1256 contracts loss. Nm taxation and revenue department   This loss is the lesser of: The net capital loss for your tax year determined by taking into account only the gains and losses from section 1256 contracts, or The capital loss carryover to the next tax year determined without this election. Nm taxation and revenue department Net section 1256 contracts gain. Nm taxation and revenue department   This gain is the lesser of: The capital gain net income for the carryback year determined by taking into account only gains and losses from section 1256 contracts, or The capital gain net income for that year. Nm taxation and revenue department  Figure your net section 1256 contracts gain for any carryback year without regard to the net section 1256 contracts loss for the loss year or any later tax year. Nm taxation and revenue department Traders in section 1256 contracts. Nm taxation and revenue department   Gain or loss from the trading of section 1256 contracts is capital gain or loss subject to the marked-to-market rules. Nm taxation and revenue department However, this does not apply to contracts held for purposes of hedging property if any loss from the property would be an ordinary loss. Nm taxation and revenue department Treatment of underlying property. Nm taxation and revenue department   The determination of whether an individual's gain or loss from any property is ordinary or capital gain or loss is made without regard to the fact that the individual is actively engaged in dealing in or trading section 1256 contracts related to that property. Nm taxation and revenue department How To Report If you disposed of regulated futures or foreign currency contracts in 2013 (or had unrealized profit or loss on these contracts that were open at the end of 2012 or 2013), you should receive Form 1099-B, or substitute statement, from your broker. Nm taxation and revenue department Form 6781. Nm taxation and revenue department   Use Part I of Form 6781 to report your gains and losses from all section 1256 contracts that are open at the end of the year or that were closed out during the year. Nm taxation and revenue department This includes the amount shown in box 10 of Form 1099-B. Nm taxation and revenue department Then enter the net amount of these gains and losses on Schedule D (Form 1040), line 4 or line 11, as appropriate. Nm taxation and revenue department Include a copy of Form 6781 with your income tax return. Nm taxation and revenue department   If the Form 1099-B you receive includes a straddle or hedging transaction, defined later, it may be necessary to show certain adjustments on Form 6781. Nm taxation and revenue department Follow the Form 6781 instructions for completing Part I. Nm taxation and revenue department Loss carryback election. Nm taxation and revenue department   To carry back your loss under the election procedures described earlier, file Form 1040X or Form 1045, Application for Tentative Refund, for the year to which you are carrying the loss with an amended Form 6781 and an amended Schedule D (Form 1040) attached. Nm taxation and revenue department Follow the instructions for completing Form 6781 for the loss year to make this election. Nm taxation and revenue department Hedging Transactions The marked-to-market rules, described earlier, do not apply to hedging transactions. Nm taxation and revenue department A transaction is a hedging transaction if both of the following conditions are met. Nm taxation and revenue department You entered into the transaction in the normal course of your trade or business primarily to manage the risk of: Price changes or currency fluctuations on ordinary property you hold (or will hold), or Interest rate or price changes, or currency fluctuations, on your current or future borrowings or ordinary obligations. Nm taxation and revenue department You clearly identified the transaction as being a hedging transaction before the close of the day on which you entered into it. Nm taxation and revenue department This hedging transaction exception does not apply to transactions entered into by or for any syndicate. Nm taxation and revenue department A syndicate is a partnership, S corporation, or other entity (other than a regular corporation) that allocates more than 35% of its losses to limited partners or limited entrepreneurs. Nm taxation and revenue department A limited entrepreneur is a person who has an interest in an enterprise (but not as a limited partner) and who does not actively participate in its management. Nm taxation and revenue department However, an interest is not considered held by a limited partner or entrepreneur if the interest holder actively participates (or did so for at least 5 full years) in the management of the entity, or is the spouse, child (including a legally adopted child), grandchild, or parent of an individual who actively participates in the management of the entity. Nm taxation and revenue department Hedging loss limit. Nm taxation and revenue department   If you are a limited partner or entrepreneur in a syndicate, the amount of a hedging loss you can claim is limited. Nm taxation and revenue department A “hedging loss” is the amount by which the allowable deductions in a tax year that resulted from a hedging transaction (determined without regard to the limit) are more than the income received or accrued during the tax year from this transaction. Nm taxation and revenue department   Any hedging loss allocated to you for the tax year is limited to your taxable income for that year from the trade or business in which the hedging transaction occurred. Nm taxation and revenue department Ignore any hedging transaction items in determining this taxable income. Nm taxation and revenue department If you have a hedging loss that is disallowed because of this limit, you can carry it over to the next tax year as a deduction resulting from a hedging transaction. Nm taxation and revenue department   If the hedging transaction relates to property other than stock or securities, the limit on hedging losses applies if the limited partner or entrepreneur is an individual. Nm taxation and revenue department   The limit on hedging losses does not apply to any hedging loss to the extent that it is more than all your unrecognized gains from hedging transactions at the end of the tax year that are from the trade or business in which the hedging transaction occurred. Nm taxation and revenue department The term “unrecognized gain” has the same meaning as defined under Loss Deferral Rules in Straddles, later. Nm taxation and revenue department Sale of property used in a hedge. Nm taxation and revenue department   Once you identify personal property as being part of a hedging transaction, you must treat gain from its sale or exchange as ordinary income, not capital gain. Nm taxation and revenue department Self-Employment Income Gains and losses derived in the ordinary course of a commodity or option dealer's trading in section 1256 contracts and property related to these contracts are included in net earnings from self-employment. Nm taxation and revenue department See the Instructions for Schedule SE (Form 1040). Nm taxation and revenue department In addition, the rules relating to contributions to self-employment retirement plans apply. Nm taxation and revenue department For information on retirement plan contributions, see Publication 560 and Publication 590. Nm taxation and revenue department Basis of Investment Property Basis is a way of measuring your investment in property for tax purposes. Nm taxation and revenue department You must know the basis of your property to determine whether you have a gain or loss on its sale or other disposition. Nm taxation and revenue department Investment property you buy normally has an original basis equal to its cost. Nm taxation and revenue department If you get property in some way other than buying it, such as by gift or inheritance, its fair market value may be important in figuring the basis. Nm taxation and revenue department Cost Basis The basis of property you buy is usually its cost. Nm taxation and revenue department The cost is the amount you pay in cash, debt obligations, or other property or services. Nm taxation and revenue department Unstated interest. Nm taxation and revenue department   If you buy property on a time-payment plan that charges little or no interest, the basis of your property is your stated purchase price, minus the amount considered to be unstated interest. Nm taxation and revenue department You generally have unstated interest if your interest rate is less than the applicable federal rate. Nm taxation and revenue department For more information, see Unstated Interest and Original Issue Discount (OID) in Publication 537. Nm taxation and revenue department Basis Other Than Cost There are times when you must use a basis other than cost. Nm taxation and revenue department In these cases, you may need to know the property's fair market value or the adjusted basis of the previous owner. Nm taxation and revenue department Fair market value. Nm taxation and revenue department   This is the price at which the property would change hands between a buyer and a seller, neither being forced to buy or sell and both having reasonable knowledge of all the relevant facts. Nm taxation and revenue department Sales of similar property, around the same date, may be helpful in figuring fair market value. Nm taxation and revenue department Property Received for Services If you receive investment property for services, you must include the property's fair market value in income. Nm taxation and revenue department The amount you include in income then becomes your basis in the property. Nm taxation and revenue department If the services were performed for a price that was agreed to beforehand, this price will be accepted as the fair market value of the property if there is no evidence to the contrary. Nm taxation and revenue department Restricted property. Nm taxation and revenue department   If you receive, as payment for services, property that is subject to certain restrictions, your basis in the property generally is its fair market value when it becomes substantially vested. Nm taxation and revenue department Property becomes substantially vested when it is transferable or is no longer subject to substantial risk of forfeiture, whichever happens first. Nm taxation and revenue department See Restricted Property in Publication 525 for more information. Nm taxation and revenue department Bargain purchases. Nm taxation and revenue department   If you buy investment property at less than fair market value, as payment for services, you must include the difference in income. Nm taxation and revenue department Your basis in the property is the price you pay plus the amount you include in income. Nm taxation and revenue department Property Received in Taxable Trades If you received investment property in trade for other property, the basis of the new property is its fair market value at the time of the trade unless you received the property in a nontaxable trade. Nm taxation and revenue department Example. Nm taxation and revenue department You trade A Company stock for B Company stock having a fair market value of $1,200. Nm taxation and revenue department If the adjusted basis of the A Company stock is less than $1,200, you have a taxable gain on the trade. Nm taxation and revenue department If the adjusted basis of the A Company stock is more than $1,200, you have a deductible loss on the trade. Nm taxation and revenue department The basis of your B Company stock is $1,200. Nm taxation and revenue department If you later sell the B Company stock for $1,300, you will have a gain of $100. Nm taxation and revenue department Property Received in Nontaxable Trades If you have a nontaxable trade, you do not recognize gain or loss until you dispose of the property you received in the trade. Nm taxation and revenue department See Nontaxable Trades , later. Nm taxation and revenue department The basis of property you received in a nontaxable or partly nontaxable trade is generally the same as the adjusted basis of the property you gave up. Nm taxation and revenue department Increase this amount by any cash you paid, additional costs you had, and any gain recognized. Nm taxation and revenue department Reduce this amount by any cash or unlike property you received, any loss recognized, and any liability of yours that was assumed or treated as assumed. Nm taxation and revenue department Property Received From Your Spouse If property is transferred to you from your spouse (or former spouse, if the transfer is incident to your divorce), your basis is the same as your spouse's or former spouse's adjusted basis just before the transfer. Nm taxation and revenue department See Transfers Between Spouses , later. Nm taxation and revenue department Recordkeeping. Nm taxation and revenue department The transferor must give you the records necessary to determine the adjusted basis and holding period of the property as of the date of the transfer. Nm taxation and revenue department Property Received as a Gift To figure your basis in property that you received as a gift, you must know its adjusted basis to the donor just before it was given to you, its fair market value at the time it was given to you, the amount of any gift tax paid on it, and the date it was given to you. Nm taxation and revenue department Fair market value less than donor's adjusted basis. Nm taxation and revenue department   If the fair market value of the property at the time of the gift was less than the donor's adjusted basis just before the gift, your basis for gain on its sale or other disposition is the same as the donor's adjusted basis plus or minus any required adjustments to basis during the period you hold the property. Nm taxation and revenue department Your basis for loss is its fair market value at the time of the gift plus or minus any required adjustments to basis during the period you hold the property. Nm taxation and revenue department No gain or loss. Nm taxation and revenue department   If you use the basis for figuring a gain and the result is a loss, and then use the basis for figuring a loss and the result is a gain, you will have neither a gain nor a loss. Nm taxation and revenue department Example. Nm taxation and revenue department You receive a gift of investment property having an adjusted basis of $10,000 at the time of the gift. Nm taxation and revenue department The fair market value at the time of the gift is $9,000. Nm taxation and revenue department You later sell the property for $9,500. Nm taxation and revenue department You have neither gain nor loss. Nm taxation and revenue department Your basis for figuring gain is $10,000, and $9,500 minus $10,000 results in a $500 loss. Nm taxation and revenue department Your basis for figuring loss is $9,000, and $9,500 minus $9,000 results in a $500 gain. Nm taxation and revenue department Fair market value equal to or more than donor's adjusted basis. Nm taxation and revenue department   If the fair market value of the property at the time of the gift was equal to or more than the donor's adjusted basis just before the gift, your basis for gain or loss on its sale or other disposition is the donor's adjusted basis plus or minus any required adjustments to basis during the period you hold the property. Nm taxation and revenue department Also, you may be allowed to add to the donor's adjusted basis all or part of any gift tax paid, depending on the date of the gift. Nm taxation and revenue department Gift received before 1977. Nm taxation and revenue department   If you received property as a gift before 1977, your basis in the property is the donor's adjusted basis increased by the total gift tax paid on the gift. Nm taxation and revenue department However, your basis cannot be more than the fair market value of the gift at the time it was given to you. Nm taxation and revenue department Example 1. Nm taxation and revenue department You were given XYZ Company stock in 1976. Nm taxation and revenue department At the time of the gift, the stock had a fair market value of $21,000. Nm taxation and revenue department The donor's adjusted basis was $20,000. Nm taxation and revenue department The donor paid a gift tax of $500 on the gift. Nm taxation and revenue department Your basis for gain or loss is $20,500, the donor's adjusted basis plus the amount of gift tax paid. Nm taxation and revenue department Example 2. Nm taxation and revenue department The facts are the same as in Example 1 except that the gift tax paid was $1,500. Nm taxation and revenue department Your basis is $21,000, the donor's adjusted basis plus the gift tax paid, but limited to the fair market value of the stock at the time of the gift. Nm taxation and revenue department Gift received after 1976. Nm taxation and revenue department   If you received property as a gift after 1976, your basis is the donor's adjusted basis increased by the part of the gift tax paid that was for the net increase in value of the gift. Nm taxation and revenue department You figure this part by multiplying the gift tax paid on the gift by a fraction. Nm taxation and revenue department The numerator (top part) is the net increase in value of the gift and the denominator (bottom part) is the amount of the gift. Nm taxation and revenue department   The net increase in value of the gift is the fair market value of the gift minus the donor's adjusted basis. Nm taxation and revenue department The amount of the gift is its value for gift tax purposes after reduction by any annual exclusion and marital or charitable deduction that applies to the gift. Nm taxation and revenue department Example. Nm taxation and revenue department In 2013, you received a gift of property from your mother. Nm taxation and revenue department At the time of the gift, the property had a fair market value of $101,000 and an adjusted basis to her of $40,000. Nm taxation and revenue department The amount of the gift for gift tax purposes was $87,000 ($101,000 minus the $14,000 annual exclusion), and your mother paid a gift tax of $21,000. Nm taxation and revenue department You figure your basis in the following way: Fair market value $101,000 Minus: Adjusted basis 40,000 Net increase in value of gift $61,000 Gift tax paid $21,000 Multiplied by . Nm taxation and revenue department 701 ($61,000 ÷ $87,000) . Nm taxation and revenue department 701 Gift tax due to net increase in value $14,721 Plus: Adjusted basis of property to  your mother 40,000 Your basis in the property $54,721 Part sale, part gift. Nm taxation and revenue department   If you get property in a transfer that is partly a sale and partly a gift, your basis is the larger of the amount you paid for the property or the transferor's adjusted basis in the property at the time of the transfer. Nm taxation and revenue department Add to that amount the amount of any gift tax paid on the gift, as described in the preceding discussion. Nm taxation and revenue department For figuring loss, your basis is limited to the property's fair market value at the time of the transfer. Nm taxation and revenue department Gift tax information. Nm taxation and revenue department   For information on gift tax, see Publication 950, Introduction to Estate and Gift Taxes. Nm taxation and revenue department For information on figuring the amount of gift tax to add to your basis, see Property Received as a Gift in Publication 551. Nm taxation and revenue department Property Received as Inheritance Before or after 2010. Nm taxation and revenue department   If you inherited property from a decedent who died before or after 2010, or who died in 2010 and the executor of the decedent's estate elected not to file Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent, your basis in that property generally is its fair market value (its appraised value on Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return) on: The date of the decedent's death, or The later alternate valuation date if the estate qualifies for, and elects to use, alternate valuation. Nm taxation and revenue department If no Form 706 was filed, use the appraised value on the date of death for state inheritance or transmission taxes. Nm taxation and revenue department For stocks and bonds, if no Form 706 was filed and there are no state inheritance or transmission taxes, see the Form 706 instructions for figuring the fair market value of the stocks and bonds on the date of the decedent's death. Nm taxation and revenue department Appreciated property you gave the decedent. Nm taxation and revenue department   Your basis in certain appreciated property that you inherited is the decedent's adjusted basis in the property immediately before death rather than its fair market value. Nm taxation and revenue department This applies to appreciated property that you or your spouse gave the decedent as a gift during the 1-year period ending on the date of death. Nm taxation and revenue department Appreciated property is any property whose fair market value on the day you gave it to the decedent was more than its adjusted basis. Nm taxation and revenue department More information. Nm taxation and revenue department   See Publication 551 for more information on the basis of inherited property, including community property, property held by a surviving tenant in a joint tenancy or tenancy by the entirety, a qualified joint interest, and a farm or closely held business. Nm taxation and revenue department Inherited in 2010 and executor elected to file Form 8939. Nm taxation and revenue department   If you inherited property from a decedent who died in 2010 and the executor made the election to file Form 8939, see Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, to figure your basis. Nm taxation and revenue department Adjusted Basis Before you can figure any gain or loss on a sale, exchange, or other disposition of property or figure allowable depreciation, depletion, or amortization, you usually must make certain adjustments (increases and decreases) to the basis of the property. Nm taxation and revenue department The result of these adjustments to the basis is the adjusted basis. Nm taxation and revenue department Adjustments to the basis of stocks and bonds are explained in the following discussion. Nm taxation and revenue department For information about other adjustments to basis, see Publication 551. Nm taxation and revenue department Stocks and Bonds The basis of stocks or bonds you own generally is the purchase price plus the costs of purchase, such as commissions and recording or transfer fees. Nm taxation and revenue department If you acquired stock or bonds other than by purchase, your basis is usually determined by fair market value or the previous owner's adjusted basis as discussed earlier under Basis Other Than Cost . Nm taxation and revenue department The basis of stock must be adjusted for certain events that occur after purchase. Nm taxation and revenue department For example, if you receive more stock from nontaxable stock dividends or stock splits, you must reduce the basis of your original stock. Nm taxation and revenue department You must also reduce your basis when you receive nondividend distributions (discussed in chapter 1). Nm taxation and revenue department These distributions, up to the amount of your basis, are a nontaxable return of capital. Nm taxation and revenue department The IRS partners with companies that offer Form 8949 and Schedule D (Form 1040) software that can import trades from many brokerage firms and accounting software to help you keep track of your adjusted basis in securities. Nm taxation and revenue department To find out more, go to www. Nm taxation and revenue department irs. Nm taxation and revenue department gov/Filing/Filing-Options. Nm taxation and revenue department Identifying stock or bonds sold. Nm taxation and revenue department   If you can adequately identify the shares of stock or the bonds you sold, their basis is the cost or other basis of the particular shares of stock or bonds. Nm taxation and revenue department Adequate identification. Nm taxation and revenue department   You will make an adequate identification if you show that certificates representing shares of stock from a lot that you bought on a certain date or for a certain price were delivered to your broker or other agent. Nm taxation and revenue department Broker holds stock. Nm taxation and revenue department   If you have left the stock certificates with your broker or other agent, you will make an adequate identification if you: Tell your broker or other agent the particular stock to be sold or transferred at the time of the sale or transfer, and Receive a written confirmation of this from your broker or other agent within a reasonable time. Nm taxation and revenue department  Stock identified this way is the stock sold or transferred even if stock certificates from a different lot are delivered to the broker or other agent. Nm taxation and revenue department Single stock certificate. Nm taxation and revenue department   If you bought stock in different lots at different times and you hold a single stock certificate for this stock, you will make an adequate identification if you: Tell your broker or other agent the particular stock to be sold or transferred when you deliver the certificate to your broker or other agent, and Receive a written confirmation of this from your broker or other agent within a reasonable time. Nm taxation and revenue department   If you sell part of the stock represented by a single certificate directly to the buyer instead of through a broker, you will make an adequate identification if you keep a written record of the particular stock that you intend to sell. Nm taxation and revenue department Bonds. Nm taxation and revenue department   These methods of identification also apply to bonds sold or transferred. Nm taxation and revenue department Identification not possible. Nm taxation and revenue department   If you buy and sell securities at various times in varying quantities and you cannot adequately identify the shares you sell, the basis of the securities you sell is the basis of the securities you acquired first. Nm taxation and revenue department Except for certain mutual fund shares, discussed later, you cannot use the average price per share to figure gain or loss on the sale of the shares. Nm taxation and revenue department Example. Nm taxation and revenue department You bought 100 shares of stock of XYZ Corporation in 1998 for $10 a share. Nm taxation and revenue department In January 1999 you bought another 200 shares for $11 a share. Nm taxation and revenue department In July 1999 you gave your son 50 shares. Nm taxation and revenue department In December 2001 you bought 100 shares for $9 a share. Nm taxation and revenue department In April 2013 you sold 130 shares. Nm taxation and revenue department You cannot identify the shares you disposed of, so you must use the stock you acquired first to figure the basis. Nm taxation and revenue department The shares of stock you gave your son had a basis of $500 (50 × $10). Nm taxation and revenue department You figure the basis of the 130 shares of stock you sold in 2013 as follows: 50 shares (50 × $10) balance of stock bought in 1998 $ 500 80 shares (80 × $11) stock bought in January 1999 880 Total basis of stock sold in 2013 $1,380 Shares in a mutual fund or REIT. Nm taxation and revenue department    The basis of shares in a mutual fund (or other regulated investment company) or a real estate investment trust (REIT) is generally figured in the same way as the basis of other stock and usually includes any commissions or load charges paid for the purchase. Nm taxation and revenue department Example. Nm taxation and revenue department You bought 100 shares of Fund A for $10 a share. Nm taxation and revenue department You paid a $50 commission to the broker for the purchase. Nm taxation and revenue department Your cost basis for each share is $10. Nm taxation and revenue department 50 ($1,050 ÷ 100). Nm taxation and revenue department Commissions and load charges. Nm taxation and revenue department   The fees and charges you pay to acquire or redeem shares of a mutual fund are not deductible. Nm taxation and revenue department You can usually add acquisition fees and charges to your cost of the shares and thereby increase your basis. Nm taxation and revenue department A fee paid to redeem the shares is usually a reduction in the redemption price (sales price). Nm taxation and revenue department   You cannot add your entire acquisition fee or load charge to the cost of the mutual fund shares acquired if all of the following conditions apply. Nm taxation and revenue department You get a reinvestment right because of the purchase of the shares or the payment of the fee or charge. Nm taxation and revenue department You dispose of the shares within 90 days of the purchase date. Nm taxation and revenue department You acquire new shares in the same mutual fund or another mutual fund, for which the fee or charge is reduced or waived because of the reinvestment right you got when you acquired the original shares. Nm taxation and revenue department   The amount of the original fee or charge in excess of the reduction in (3) is added to the cost of the original shares. Nm taxation and revenue department The rest of the original fee or charge is added to the cost basis of the new shares (unless all three conditions above also apply to the purchase of the new shares). Nm taxation and revenue department Choosing average basis for mutual fund shares. Nm taxation and revenue department   You can choose to use the average basis of mutual fund shares if you acquired the identical shares at various times and prices, or you acquired the shares after 2010 in connection with a dividend reinvestment plan, and left them on deposit in an account kept by a custodian or agent. Nm taxation and revenue department The methods you can use to figure average basis are explained later. Nm taxation and revenue department Undistributed capital gains. Nm taxation and revenue department   If you had to include in your income any undistributed capital gains of the mutual fund or REIT, increase your basis in the stock by the difference between the amount you included and the amount of tax paid for you by the fund or REIT. Nm taxation and revenue department See Undistributed capital gains of mutual funds and REITs under Capital Gain Distributions in chapter 1. Nm taxation and revenue department Reinvestment right. Nm taxation and revenue department   This is the right to acquire mutual fund shares in the same or another mutual fund without paying a fee or load charge, or by paying a reduced fee or load charge. Nm taxation and revenue department      The original cost basis of mutual fund shares you acquire by reinvesting your distributions is the amount of the distributions used to purchase each full or fractional share. Nm taxation and revenue department This rule applies even if the distribution is an exempt-interest dividend that you do not report as income. Nm taxation and revenue department Table 4-1. Nm taxation and revenue department This is a worksheet you can use to keep track of the adjusted basis of your mutual fund shares. Nm taxation and revenue department Enter the cost per share when you acquire new shares and any adjustments to their basis when the adjustment occurs. Nm taxation and revenue department This worksheet will help you figure the adjusted basis when you sell or redeem shares. Nm taxation and revenue department Table 4-1. Nm taxation and revenue department Mutual Fund Record Mutual Fund Acquired1 Adjustment to Basis Per Share Adjusted2 Basis Per Share Sold or redeemed Date Number of Shares Cost Per Share Date Number of Shares                                                                                                                                                                                                                                                                         1 Include share received from reinvestment of distributions. Nm taxation and revenue department 2 Cost plus or minus adjustments. Nm taxation and revenue department Automatic investment service. Nm taxation and revenue department   If you participate in an automatic investment service, your basis for each share of stock, including fractional shares, bought by the bank or other agent is the purchase price plus a share of the broker's commission. Nm taxation and revenue department Dividend reinvestment plans. Nm taxation and revenue department   If you participate in a dividend reinvestment plan and receive stock from the corporation at a discount, your basis is the full fair market value of the stock on the dividend payment date. Nm taxation and revenue department You must include the amount of the discount in your income. Nm taxation and revenue department Public utilities. Nm taxation and revenue department   If, before 1986, you excluded from income the value of stock you had received under a qualified public utility reinvestment plan, your basis in that stock is zero. Nm taxation and revenue department Stock dividends. Nm taxation and revenue department   Stock dividends are distributions made by a corporation of its own stock. Nm taxation and revenue department Generally, stock dividends are not taxable to you. Nm taxation and revenue department However, see Distributions of Stock and Stock Rights under Dividends and Other Distributions in chapter 1 for some exceptions. Nm taxation and revenue department If the stock dividends are not taxable, you must divide your basis for the old stock between the old and new stock. Nm taxation and revenue department New and old stock identical. Nm taxation and revenue department   If the new stock you received as a nontaxable dividend is identical to the old stock on which the dividend was declared, divide the adjusted basis of the old stock by the number of shares of old and new stock. Nm taxation and revenue department The result is your basis for each share of stock. Nm taxation and revenue department Example 1. Nm taxation and revenue department You owned one share of common stock that you bought for $45. Nm taxation and revenue department The corporation distributed two new shares of common stock for each share held. Nm taxation and revenue department You then had three shares of common stock. Nm taxation and revenue department Your basis in each share is $15 ($45 ÷ 3). Nm taxation and revenue department Example 2. Nm taxation and revenue department You owned two shares of common stock. Nm taxation and revenue department You bought one for $30 and the other for $45. Nm taxation and revenue department The corporation distributed two new shares of common stock for each share held. Nm taxation and revenue department You had six shares after the distribution—three with a basis of $10 each ($30 ÷ 3) and three with a basis of $15 each ($45 ÷ 3). Nm taxation and revenue department New and old stock not identical. Nm taxation and revenue department   If the new stock you received as a nontaxable dividend is not identical to the old stock on which it was declared, the basis of the new stock is calculated differently. Nm taxation and revenue department Divide the adjusted basis of the old stock between the old and the new stock in the ratio of the fair market value of each lot of stock to the total fair market value of both lots on the date of distribution of the new stock. Nm taxation and revenue department Example. Nm taxation and revenue department You bought a share of common stock for $100. Nm taxation and revenue department Later, the corporation distributed a share of preferred stock for each share of common stock held. Nm taxation and revenue department At the date of distribution, your common stock had a fair market value of $150 and the preferred stock had a fair market value of $50. Nm taxation and revenue department You figure the basis of the old and new stock by dividing your $100 basis between them. Nm taxation and revenue department The basis of your common stock is $75 (($150 ÷ $200) × $100), and the basis of the new preferred stock is $25 (($50 ÷ $200) × $100). Nm taxation and revenue department Stock bought at various times. Nm taxation and revenue department   Figure the basis of stock dividends received on stock you bought at various times and at different prices by allocating to each lot of stock the share of the stock dividends due to it. Nm taxation and revenue department Taxable stock dividends. Nm taxation and revenue department   If your stock dividend is taxable when you receive it, the basis of your new stock is its fair market value on the date of distribution. Nm taxation and revenue department The basis of your old stock does not change. Nm taxation and revenue department Stock splits. Nm taxation and revenue department   Figure the basis of stock splits in the same way as stock dividends if identical stock is distributed on the stock held. Nm taxation and revenue department Stock rights. Nm taxation and revenue department   A stock right is a right to acquire a corporation's stock. Nm taxation and revenue department It may be exercised, it may be sold if it has a market value, or it may expire. Nm taxation and revenue department Stock rights are rarely taxable when you receive them. Nm taxation and revenue department See Distributions of Stock and Stock Rights under Dividends and Other Distributions in chapter 1. Nm taxation and revenue department Taxable stock rights. Nm taxation and revenue department   If you receive stock rights that are taxable, the basis of the rights is their fair market value at the time of distribution. Nm taxation and revenue department The basis of the old stock does not change. Nm taxation and revenue department Nontaxable stock rights. Nm taxation and revenue department   If you receive nontaxable stock rights and allow them to expire, they have no basis. Nm taxation and revenue department   If you exercise or sell the nontaxable stock rights and if, at the time of distribution, the stock rights had a fair market value of 15% or more of the fair market value of the old stock, you must divide the adjusted basis of the old stock between the old stock and the stock rights. Nm taxation and revenue department Use a ratio of the fair market value of each to the total fair market value of both at the time of distribution. Nm taxation and revenue department   If the fair market value of the stock rights was less than 15%, their basis is zero. Nm taxation and revenue department However, you can choose to divide the basis of the old stock between the old stock and the stock rights. Nm taxation and revenue department To make the choice, attach a statement to your return for the year in which you received the rights, stating that you choose to divide the basis of the stock. Nm taxation and revenue department Basis of new stock. Nm taxation and revenue department   If you exercise the stock rights, the basis of the new stock is its cost plus the basis of the stock rights exercised. Nm taxation and revenue department Example. Nm taxation and revenue department You own 100 shares of ABC Company stock, which cost you $22 per share. Nm taxation and revenue department The ABC Company gave you 10 nontaxable stock rights that would allow you to buy 10 more shares at $26 per share. Nm taxation and revenue department At the time the stock rights were distributed, the stock had a market value of $30, not including the stock rights. Nm taxation and revenue department Each stock right had a market value of $3. Nm taxation and revenue department The market value of the stock rights was less than 15% of the market value of the stock, but you chose to divide the basis of your stock between the stock and the rights. Nm taxation and revenue department You figure the basis of the rights and the basis of the old stock as follows: 100 shares × $22 = $2,200, basis of old stock   100 shares × $30 = $3,000, market value of old stock   10 rights × $3 = $30, market value of rights   ($3,000 ÷ $3,030) × $2,200 = $2,178. Nm taxation and revenue department 22, new basis of old stock   ($30 ÷ $3,030) × $2,200 = $21. Nm taxation and revenue department 78, basis of rights   If you sell the rights, the basis for figuring gain or loss is $2. Nm taxation and revenue department 18 ($21. Nm taxation and revenue department 78 ÷ 10) per right. Nm taxation and revenue department If you exercise the rights, the basis of the stock you acquire is the price you pay ($26) plus the basis of the right exercised ($2. Nm taxation and revenue department 18), or $28. Nm taxation and revenue department 18 per share. Nm taxation and revenue department The remaining basis of the old stock is $21. Nm taxation and revenue department 78 per share. Nm taxation and revenue department Investment property received in liquidation. Nm taxation and revenue department   In general, if you receive investment property as a distribution in partial or complete liquidation of a corporation and if you recognize gain or loss when you acquire the property, your basis in the property is its fair market value at the time of the distribution. Nm taxation and revenue department S corporation stock. Nm taxation and revenue department   You must increase your basis in stock of an S corporation by your pro rata share of the following items. Nm taxation and revenue department All income items of the S corporation, including tax-exempt income, that are separately stated and passed through to you as a shareholder. Nm taxation and revenue department The nonseparately stated income of the S corporation. Nm taxation and revenue department The amount of the deduction for depletion (other than oil and gas depletion) that is more than the basis of the property being depleted. Nm taxation and revenue department   You must decrease your basis in stock of an S corporation by your pro rata share of the following items. Nm taxation and revenue department Distributions by the S corporation that were not included in your income. Nm taxation and revenue department All loss and deduction items of the S corporation that are separately stated and passed through to you. Nm taxation and revenue department Any nonseparately stated loss of the S corporation. Nm taxation and revenue department Any expense of the S corporation that is not deductible in figuring its taxable income and not properly chargeable to a capital account. Nm taxation and revenue department The amount of your deduction for depletion of oil and gas wells to the extent the deduction is not more than your share of the adjusted basis of the wells. Nm taxation and revenue department However, your basis in the stock cannot be reduced below zero. Nm taxation and revenue department Specialized small business investment company stock or partnership interest. Nm taxation and revenue department   If you bought this stock or interest as replacement property for publicly traded securities you sold at a gain, you must reduce the basis of the stock or interest by the amount of any postponed gain on that sale. Nm taxation and revenue department See Rollover of Gain From Publicly Traded Securities , later. Nm taxation and revenue department Qualified small business stock. Nm taxation and revenue department   If you bought this stock as replacement property for other qualified small business stock you sold at a gain, you must reduce the basis of this replacement stock by the amount of any postponed gain on the earlier sale. Nm taxation and revenue department See Gains on Qualified Small Business Stock , later. Nm taxation and revenue department Short sales. Nm taxation and revenue department   If you cannot deduct payments you make to a lender in lieu of dividends on stock used in a short sale, the amount you pay to the lender is a capital expense, and you must add it to the basis of the stock used to close the short sale. Nm taxation and revenue department   See Payments in lieu of dividends , later, for information about deducting payments in lieu of dividends. Nm taxation and revenue department Premiums on bonds. Nm taxation and revenue department   If you buy a bond at a premium, the premium is treated as part of your basis in the bond. Nm taxation and revenue department If you choose to amortize the premium paid on a taxable bond, you must reduce the basis of the bond by the amortized part of the premium each year over the life of the bond. Nm taxation and revenue department   Although you cannot deduct the premium on a tax-exempt bond, you must amortize it to determine your adjusted basis in the bond. Nm taxation and revenue department You must reduce the basis of the bond by the premium you amortized for the period you held the bond. Nm taxation and revenue department   See Bond Premium Amortization in chapter 3 for more information. Nm taxation and revenue department Market discount on bonds. Nm taxation and revenue department   If you include market discount on a bond in income currently, increase the basis of your bond by the amount of market discount you include in your income. Nm taxation and revenue department See Market Discount Bonds in chapter 1 for more information. Nm taxation and revenue department Bonds purchased at par value. Nm taxation and revenue department   A bond purchased at par value (face amount) has no premium or discount. Nm taxation and revenue department When you sell or otherwise dispose of the bond, you figure the gain or loss by comparing the bond proceeds to the purchase price of the bond. Nm taxation and revenue department Example. Nm taxation and revenue department You purchased a bond several years ago for its par value of $10,000. Nm taxation and revenue department You sold the bond this year for $10,100. Nm taxation and revenue department You have a gain of $100. Nm taxation and revenue department However, if you had sold the bond for $9,900, you would have a loss of $100. Nm taxation and revenue department Acquisition discount on short-term obligations. Nm taxation and revenue department   If you include acquisition discount on a short-term obligation in your income currently, increase the basis of the obligation by the amount of acquisition discount you include in your income. Nm taxation and revenue department See Discount on Short-Term Obligations in chapter 1 for more information. Nm taxation and revenue department Original issue discount (OID) on debt instruments. Nm taxation and revenue department   Increase the basis of a debt instrument by the OID you include in your income. Nm taxation and revenue department See Original Issue Discount (OID) in chapter 1. Nm taxation and revenue department Discounted tax-exempt obligations. Nm taxation and revenue department   OID on tax-exempt obligations is generally not taxable. Nm taxation and revenue department However, when you dispose of a tax-exempt obligation issued after September 3, 1982, that you acquired after March 1, 1984, you must accrue OID on the obligation to determine its adjusted basis. Nm taxation and revenue department The accrued OID is added to the basis of the obligation to determine your gain or loss. Nm taxation and revenue department   For information on determining OID on a long-term obligation, see Debt Instruments Issued After July 1, 1982, and Before 1985 or Debt Instruments Issued After 1984, whichever applies, in Publication 1212 under Figuring OID on Long-Term Debt Instruments. Nm taxation and revenue department   If the tax-exempt obligation has a maturity of 1 year or less, accrue OID under the rules for acquisition discount on short-term obligations. Nm taxation and revenue department See Discount on Short-Term Obligations in chapter 1. Nm taxation and revenue department Stripped tax-exempt obligation. Nm taxation and revenue department   If you acquired a stripped tax-exempt bond or coupon after October 22, 1986, you must accrue OID on it to determine its adjusted basis when you dispose of it. Nm taxation and revenue department For stripped tax-exempt bonds or coupons acquired after June 10, 1987, part of this OID may be taxable. Nm taxation and revenue department You accrue the OID on these obligations in the manner described in chapter 1 under Stripped Bonds and Coupons . Nm taxation and revenue department   Increase your basis in the stripped tax-exempt bond or coupon by the taxable and nontaxable accrued OID. Nm taxation and revenue department Also increase your basis by the interest that accrued (but was not paid and was not previously reflected in your basis) before the date you sold the bond or coupon. Nm taxation and revenue department In addition, for bonds acquired after June 10, 1987, add to your basis any accrued market discount not previously reflected in basis. Nm taxation and revenue department How To Figure Gain or Loss You figure gain or loss on a sale or trade of property by comparing the amount you realize with the adjusted basis of the property. Nm taxation and revenue department Gain. Nm taxation and revenue department   If the amount you realize from a sale or trade is more than the adjusted basis of the property you transfer, the difference is a gain. Nm taxation and revenue department Loss. Nm taxation and revenue department   If the adjusted basis of the property you transfer is more than the amount you realize, the difference is a loss. Nm taxation and revenue department Amount realized. Nm taxation and revenue department   The amount you realize from a sale or trade of property is everything you receive for the property minus your expenses of sale (such as redemption fees, sales commissions, sales charges, or exit fees). Nm taxation and revenue department Amount realized includes the money you receive plus the fair market value of any property or services you receive. Nm taxation and revenue department   If you finance the buyer's purchase of your property and the debt instrument does not provide for adequate stated interest, the unstated interest that you must report as ordinary income will reduce the amount realized from the sale. Nm taxation and revenue department For more information, see Publication 537. Nm taxation and revenue department   If a buyer of property issues a debt instrument to the seller of the property, the amount realized is determined by reference to the issue price of the debt instrument, which may or may not be the fair market value of the debt instrument. Nm taxation and revenue department See Regulations section 1. Nm taxation and revenue department 1001-1(g). Nm taxation and revenue department However, if the debt instrument was previously issued by a third party (one not part of the sale transaction), the fair market value of the debt instrument is used to determine the amount realized. Nm taxation and revenue department Fair market value. Nm taxation and revenue department   Fair market value is the price at which property would change hands between a buyer and a seller, neither being forced to buy or sell and both having reasonable knowledge of all the relevant facts. Nm taxation and revenue department Example. Nm taxation and revenue department You trade A Company stock with an adjusted basis of $7,000 for B Company stock with a fair market value of $10,000, which is your amount realized. Nm taxation and revenue department Your gain is $3,000 ($10,000 – $7,000). Nm taxation and revenue department If you also receive a note for $6,000 that has an issue price of $6,000, your gain is $9,000 ($10,000 + $6,000 – $7,000). Nm taxation and revenue department Debt paid off. Nm taxation and revenue department   A debt against the property, or against you, that is paid off as a part of the transaction or that is assumed by the buyer must be included in the amount realized. Nm taxation and revenue department This is true even if neither you nor the buyer is personally liable for the debt. Nm taxation and revenue department For example, if you sell or trade property that is subject to a nonrecourse loan, the amount you realize generally includes the full amount of the note assumed by the buyer even if the amount of the note is more than the fair market value of the property. Nm taxation and revenue department Example. Nm taxation and revenue department You sell stock that you had pledged as security for a bank loan of $8,000. Nm taxation and revenue department Your basis in the stock is $6,000. Nm taxation and revenue department The buyer pays off your bank loan and pays you $20,000 in cash. Nm taxation and revenue department The amount realized is $28,000 ($20,000 + $8,000). Nm taxation and revenue department Your gain is $22,000 ($28,000 – $6,000). Nm taxation and revenue department Payment of cash. Nm taxation and revenue department   If you trade property and cash for other property, the amount you realize is the fair market value of the property you receive. Nm taxation and revenue department Determine your gain or loss by subtracting the cash you pay and the adjusted basis of the property you trade in from the amount you realize. Nm taxation and revenue department If the result is a positive number, it is a gain. Nm taxation and revenue department If the result is a negative number, it is a loss. Nm taxation and revenue department No gain or loss. Nm taxation and revenue department   You may have to use a basis for figuring gain that is different from the basis used for figuring loss. Nm taxation and revenue department In this case, you may have neither a gain nor a loss. Nm taxation and revenue department See No gain or loss in the discussion on the basis of property you received as a gift under Basis Other Than Cost, earlier. Nm taxation and revenue department Special Rules for Mutual Funds To figure your gain or loss when you dispose of mutual fund shares, you need to determine which shares were sold and the basis of those shares. Nm taxation and revenue department If your shares in a mutual fund were acquired all on the same day and for the same price, figuring their basis is not difficu