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FAQ - Form Instructions 1120-S

What is the purpose of Form Instructions 1120-S?
For purposes of calculating the annual amount subject to the special tax rate under Internal Revenue Code Section 72, the purpose of each form has been to reduce or eliminate taxable income and increase basis (or loss) for the tax paid on the same income in a taxable year. In a taxable year, Form 1120-S would be used for the year in which the stock is acquired by you but not the years for which you hold the stock in an IRA, a qualified retirement plan, or a defined benefit plan. The term “year” under Internal Revenue Code Section 72(c)(2) applies only in the event you acquired the stock during an annual period. The term “annual period” in Internal Revenue Code Section 72(c)(3) means the period beginning with the year in which a stock is acquired by you and ending with the year the stock is sold. For purposes of Internal Revenue Code Section 72(c)(4), “year” means for all purposes of such Section 72 for which a stock is acquired by you or held in the year. The term “annual period” is intended to reduce or eliminate taxable income and increase basis (or loss) for the tax due on such taxable year. For more information, see the discussion under the words “year” in Internal Revenue Code Section 72(c)(2). How would Form 1099-B be used to compute the tax on the stock if it is sold within five years after the acquisition of the stock? If, upon the sale, the seller's basis for the stock is reduced to zero, the tax would be computed as described in the Internal Revenue Code's discussion under “Sales of Stock” above. What tax rate is associated with the income realized and taxed under Section 72? Under Internal Revenue Code Section 72, the tax will be equal to the least of - (1) 85.5% of the capital gains rate (corporate or otherwise) or the regular income tax rate (2) In the case of a stock held for more than a year, the regular income tax rate (or if higher, the regular lower corporate rate) plus (subject to the limitations applicable on the lower capital gains rate under Internal Revenue Code Section 72(a)), plus 1/10th of 1% per year until the stock is disposed of or transferred.
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