Federal Schedule D Instructions

Schedule D Instructions
2023 Instructions for Schedule D
Department of the Treasury
Internal Revenue Service

2023 Instructions for Schedule D
Capital Gains
and Losses

These instructions explain how to complete Schedule D (Form 1040). Complete Form
8949 before you complete line 1b, 2, 3, 8b, 9, or 10 of Schedule D.
Use Schedule D:
• To figure the overall gain or loss from transactions reported on Form 8949;
• To report certain transactions you don't have to report on Form 8949;
• To report a gain from Form 2439 or 6252 or Part I of Form 4797;
• To report a gain or loss from Form 4684, 6781, or 8824;
• To report a gain or loss from a partnership, S corporation, estate, or trust;
• To report capital gain distributions not reported directly on Form 1040 or
1040-SR, line 7 (or effectively connected capital gain distributions not reported directly on Form 1040-NR, line 7); and
• To report a capital loss carryover from 2022 to 2023.
Additional information. See Pub. 544 and Pub. 550 for more details.

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

er, for more information about when
Form 8949 is needed and when it isn't.

Future Developments

Use Form 4797 to report the following.
1. The sale or exchange of:
a. Real property used in your trade
or business;
b. Depreciable and amortizable tangible property used in your trade or
business (but see Disposition of Depreciable Property Not Used in Trade or
Business in the Form 4797 instructions);
c. Oil, gas, geothermal, or other
mineral property; and
d. Section 126 property.
2. The involuntary conversion (other
than from casualty or theft) of property
used in a trade or business and capital
assets held more than 1 year for business
or profit. But see Disposition of Depreciable Property Not Used in Trade or
Business in the Form 4797 instructions.
3. The disposition of noncapital assets other than inventory or property
held primarily for sale to customers in
the ordinary course of your trade or
business.
4. Ordinary loss on the sale, exchange, or worthlessness of small business investment company (section 1242)
stock.
5. Ordinary loss on the sale, exchange, or worthlessness of small business (section 1244) stock.
6. Ordinary gain or loss on securities or commodities held in connection

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

What’s New
Deferral of gain invested in a qualified
opportunity fund (QOF). Taxpayers
who made a deferral election in a QOF
that meets the 5-year holding period
threshold shall be eligible for the 10%
stepped up basis. See Form 8997 and its
instructions for additional information
regarding QOFs.

General
Instructions
Other Forms You May Have
To File
Use Form 461 to figure your excess
business loss.
Use Form 8949 to report the sale or
exchange of a capital asset (defined later) not reported on another form or
schedule and to report the income deferral or exclusion of capital gains. See the
Instructions for Form 8949. Complete
all necessary pages of Form 8949 before
you complete line 1b, 2, 3, 8b, 9, or 10
of Schedule D. See Lines 1a and 8a, lat-

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Oct 30, 2023

Cat. No. 24331I

with your trading business, if you previously made a mark-to-market election.
See Traders in Securities, later.
Use Form 4684 to report involuntary
conversions of property due to casualty
or theft.
Use Form 6781 to report gains and
losses from section 1256 contracts and
straddles.
Use Form 8824 to report like-kind
exchanges. A like-kind exchange occurs
when you exchange business or investment property for property of a like
kind.
Use Form 8960 to figure any net investment income tax relating to gains
and losses reported on Schedule D, including gains and losses from a securities trading activity.
Use Form 8997 to report each QOF
investment you held at the beginning
and end of the tax year and the deferred
gains associated with each investment.
Also, use Form 8997 to report any capital gains you are deferring by investing
in a QOF during the tax year and any
QOF investment you disposed of during
the tax year.

Capital Asset
Most property you own and use for personal purposes or investment is a capital
asset. For example, your house, furniture, car, stocks, and bonds are capital
assets. A capital asset is any property
owned by you except the following.

1. Stock in trade or other property
included in inventory or held mainly for
sale to customers in the ordinary course
of your trade or business. But see the
TIP about certain musical compositions
or copyrights, later.
2. Accounts or notes receivable:
a. For services rendered in the ordinary course of your trade or business,
b. For services rendered as an employee, or
c. From the sale of stock in trade or
other property included in inventory or
held mainly for sale to customers.
3. Depreciable property used in your
trade or business, even if it is fully depreciated.
4. Real estate used in your trade or
business.
5. A patent, invention, model, or design (whether or not patented); a secret
formula or process; a copyright; a literary, musical, or artistic composition; a
letter or memorandum; or similar property that is:
a. Created by your personal efforts;
b. Prepared or produced for you (in
the case of a letter, memorandum, or
similar property); or
c. Received under circumstances
(such as by gift) that entitle you to the
basis of the person who created the
property or for whom the property was
prepared or produced. See section
1221(a)(3).
But see the TIP about certain musical
compositions or copyrights below.
6. A U.S. Government publication,
including the Congressional Record, that
you received:
a. From the U.S. Government (or
any governmental agency) for an
amount other than the normal sales
price, or
b. Under circumstances (such as by
gift) that entitle you to the basis of
someone who received the publication
for an amount other than the normal
sales price.
7. Certain commodities derivative
financial instruments held by a dealer
and connected to the dealer's activities
as a dealer. See section 1221(a)(6) and
(b)(1).

8. Certain hedging transactions entered into in the normal course of your
trade or business. See section 1221(a)(7)
and (b)(2).
9. Supplies regularly used in your
trade or business.
You can elect to treat as capital

TIP assets certain musical compositions or copyrights you sold or
exchanged. See Pub. 550 for details.

Basis and Recordkeeping
Basis is the amount of your investment
in property for tax purposes. The basis
of property you buy is usually its cost.
There are special rules for certain kinds
of property, such as inherited property.
You need to know your basis to figure
any gain or loss on the sale or other disposition of the property. You must keep
accurate records that show the basis and,
if applicable, adjusted basis of your
property. Your records should show the
purchase price, including commissions;
increases to basis, such as the cost of
improvements; and decreases to basis,
such as depreciation, nondividend distributions on stock, and stock splits.
If you received a Schedule A to Form
8971 from an executor of an estate or
other person required to file an estate tax
return, you may be required to report a
basis consistent with the estate tax value
of the property.
For more information on consistent
basis reporting and basis generally, see
Column (e)—Cost or Other Basis in the
Instructions for Form 8949, and the following publications.
• Pub. 551, Basis of Assets.
• Pub. 550, Investment Income and
Expenses.

Short- or Long-Term Gain or
Loss
Report short-term gains or losses in Part
I. Report long-term gains or losses in
Part II. The holding period for
short-term capital gains and losses is
generally 1 year or less. The holding period for long-term capital gains and losses is generally more than 1 year. However, beginning in 2018, the long-term
holding period for certain gains with respect to “applicable partnership interests” is more than 3 years. See Pub. 541
for more information.

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For more information about holding
periods, see the Instructions for Form
8949.

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

Sale of Your Home
You may not need to report the sale or
exchange of your main home. If you
must report it, complete Form 8949 before Schedule D.
Report the sale or exchange of your
main home on Form 8949 if:
• You can't exclude all of your gain
from income, or
• You received a Form 1099-S for
the sale or exchange.
Any gain you can't exclude is taxable.
Generally, if you meet the following two

tests, you can exclude up to $250,000 of
gain. If both you and your spouse meet
these tests and you file a joint return,
you can exclude up to $500,000 of gain
(but only one spouse needs to meet the
ownership requirement in Test 1).
Test 1. During the 5-year period ending
on the date you sold or exchanged your
home, you owned it for 2 years or more
(the ownership requirement) and lived in
it as your main home for 2 years or more
(the use requirement).
Test 2. You haven't excluded gain on
the sale or exchange of another main
home during the 2-year period ending on
the date of the sale or exchange of your
home.
Reduced exclusion. Even if you don't
meet one or both of the above two tests,
you can still claim an exclusion if you
sold or exchanged the home because of
a change in place of employment,
health, or certain unforeseen circumstances. In this case, the maximum amount
of gain you can exclude is reduced. For
more information, see Pub. 523.
Sale of home by surviving spouse. If
your spouse died before the sale or exchange, you can still exclude up to
$500,000 of gain if:
• The sale or exchange is no later
than 2 years after your spouse's death;
• Just before your spouse's death,
both spouses met the use requirement of
Test 1, at least one spouse met the ownership requirement of Test 1, and both
spouses met Test 2; and
• You didn't remarry before the sale
or exchange.
Exceptions to Test 1. You can choose
to have the 5-year test period for ownership and use in Test 1 suspended during
any period you or your spouse serves
outside the United States as a Peace
Corps volunteer or serves on qualified
official extended duty as a member of
the uniformed services or Foreign Service of the United States, as an employee
of the intelligence community, or outside the United States as an employee of
the Peace Corps. This means you may
be able to meet Test 1 even if, because
of your service, you didn't actually use
the home as your main home for at least
the required 2 years during the 5-year
period ending on the date of sale. The
5-year period can't be extended for more
than 10 years.

Example. Tamara buys a house in
Virginia in 2011 that she uses as her
main home for 3 years. For 8 years,
from 2014 through 2022, Tamara serves
on qualified official extended duty as a
member of the uniformed services in
Kuwait. In 2023, Tamara sells the house.
Tamara didn't use the house as her main
home for at least 2 of the 5 years before
the sale. To meet Test 1, Tamara elects to
suspend the 5-year test period during her
8-year period of uniformed service in
Kuwait. Because that 8-year period
won't be counted in determining if she
used the house as her main home for 2
of the 5 years before the sale, she meets
the ownership and use requirements of
Test 1.
Qualified extended duty. You are on
qualified extended duty if:
• You are called or ordered to active
duty for an indefinite period or for a period of more than 90 days; and
• You are serving at a duty station at
least 50 miles from your main home, or
you are living in government quarters
under government orders.
Sale of home acquired in a like-kind
exchange. You can't exclude any gain
if:
• You acquired your home in a
like-kind exchange in which all or part
of the gain wasn't recognized, and
• You sold or exchanged the home
during the 5-year period beginning on
the date you acquired it.
How to report the sale of your main
home. If you have to report the sale or
exchange, report it on Form 8949. If the
gain or loss is short term, report it in
Part I of Form 8949 with box C
checked. If the gain or loss is long term,
report it in Part II of Form 8949 with
box F checked.
If you had a gain and can exclude
part or all of it, enter “H” in column (f)
of Form 8949. Enter the exclusion as a
negative number (in parentheses) in column (g) of Form 8949. See the instructions for Form 8949, columns (f), (g),
and (h). Complete all columns.
If you had a loss but have to report
the sale or exchange because you got a
Form 1099-S, see Nondeductible Losses,
later, for instructions about how to report it.

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More information. See Pub. 523 for
additional details, including how to figure and report any taxable gain if:
• You (or your spouse if married)
used any part of the home for business
or rental purposes after May 6, 1997; or
• There was a period of time after
2008 when the home wasn't your main
home.

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

Capital Assets Held for
Personal Use
Generally, gain from the sale or exchange of a capital asset held for personal use is a capital gain. Report it on
Form 8949 with box C checked (if the
transaction is short term) or box F
checked (if the transaction is long term).
However, if you converted depreciable
property to personal use, all or part of
the gain on the sale or exchange of that
property may have to be recaptured as
ordinary income. Use Part III of Form
4797 to figure the amount of ordinary
income recapture. The recapture amount
is included on line 31 (and line 13) of
Form 4797. Don't enter any gain from
this property on line 32 of Form 4797. If
you aren't completing Part III for any
other properties, enter “N/A” on line 32.
If the total gain is more than the recapture amount, enter “From Form 4797” in
column (a) of Part I of Form 8949 (if the
transaction is short term) or Part II of
Form 8949 (if the transaction is long
term), and skip columns (b) and (c). In
column (d) of Form 8949, enter the excess of the total gain over the recapture
amount. Leave columns (e) through (g)
blank. Complete column (h). Be sure to
check box C at the top of Part I or box F
at the top of Part II of this Form 8949
(depending on how long you held the asset).
Loss from the sale or exchange of a
capital asset held for personal use isn't
deductible. But if you had a loss from
the sale or exchange of real estate held
for personal use for which you received

a Form 1099-S, you must report the
transaction on Form 8949 even though
the loss isn't deductible. Also, if you had
a loss from the sale or exchange of personal property for which you received a
Form 1099-K, you must report the transaction on Form 8949 or on Schedule 1
(Form 1040) even though the loss isn’t
deductible.
Example. You have a loss on the
sale of a vacation home that isn't your
main home and you received a Form
1099-S for the transaction. Report the
transaction in Part I or Part II of Form
8949, depending on how long you
owned the home. Complete all columns.
Because the loss isn't deductible, enter
“L” in column (f). Enter the difference
between column (d) and column (e) as a
positive amount in column (g). Then
complete column (h). (For example, if
you entered $5,000 in column (d) and
$6,000 in column (e), enter $1,000 in
column (g). Then enter -0- ($5,000 −
$6,000 + $1,000) in column (h). Be sure
to check box C at the top of Part I or box
F at the top of Part II of this Form 8949
(depending on how long you owned the
home).)

Capital Losses
You can deduct capital losses up to the
amount of your capital gains plus $3,000
($1,500 if married filing separately).
You may be able to use capital losses
that exceed this limit in future years. For
details, see the instructions for line 21.
Be sure to report all of your capital gains
and losses even if you can't use all of
your losses in 2023.

Certain Nondeductible
Losses
You can’t deduct a loss from a sale or
exchange between certain related parties. This includes a direct or indirect
sale or exchange of property between
any of the following.
• Members of a family.
• A corporation and an individual
who directly (or indirectly) owns more
than 50% of the corporation's stock (unless the loss is from a distribution in
complete liquidation of a corporation).
• A grantor and a fiduciary of a
trust.
• A fiduciary and a beneficiary of
the same trust.

• A fiduciary of a trust and a fiduciary (or beneficiary) of another trust if
both trusts were created by the same
grantor.
• An executor of an estate and a beneficiary of that estate, unless the sale or
exchange was to satisfy a pecuniary bequest (that is, a bequest of a sum of
money).
• An individual and a tax-exempt organization controlled directly (or indirectly) by the individual or the individual's family.
See Pub. 544 for more details on
sales and exchanges between related
parties.
Report a transaction that results in a
nondeductible loss in Part I or Part II of
Form 8949 (depending on how long you
held the property). Unless you received
a Form 1099-B for the sale or exchange,
check box C at the top of Part I or box F
at the top of Part II of this Form 8949
(depending on how long you owned the
property). Complete all columns. Because the loss isn't deductible, enter “L”
in column (f). Enter the amount of the
nondeductible loss as a positive number
in column (g). Complete column (h).
See the instructions for Form 8949, columns (f), (g), and (h).
Example 1. You sold land you held
as an investment for 5 years to your
brother for $10,000. Your basis was
$15,000. On Part II of Form 8949, check
box F at the top. Enter $10,000 on Form
8949, Part II, column (d). Enter $15,000
in column (e). Because the loss isn't deductible, enter “L” in column (f) and
$5,000 (the difference between $10,000
and $15,000) in column (g). In column
(h), enter -0- ($10,000 − $15,000 +
$5,000). If this is your only transaction
on this Form 8949, enter $10,000 on
Schedule D, line 10, column (d). Enter
$15,000 in column (e) and $5,000 in
column (g). In column (h), enter -0($10,000 − $15,000 + $5,000).
Example 2. You received a Form
1099-B showing proceeds (sales price)
of $1,000 and basis of $5,000. Box 7 on
Form 1099-B is checked, indicating that
your loss of $4,000 ($1,000 − $5,000)
isn't allowed. On the top of Form 8949,
check box A or box B in Part I or box D
or box E in Part II (whichever applies).
Enter $1,000 in column (d) and $5,000
in column (e). Because the loss isn't de-

D-4

ductible, enter “L” in column (f) and
$4,000 (the difference between $1,000
and $5,000) in column (g). In column
(h), enter -0- ($1,000 − $5,000 +
$4,000).
At-risk rules. If you disposed of (a) an
asset used in an activity to which the
at-risk rules apply, or (b) any part of
your interest in an activity to which the
at-risk rules apply, and you have
amounts in the activity for which you
aren't at risk, see the Instructions for
Form 6198.
Passive activity rules. If the loss is allowable under the at-risk rules, it may be
subject to the passive activity rules. See
Form 8582 and its instructions for details on reporting capital gains and losses from a passive activity.

Items for Special Treatment

• Transactions by a securities dealer.
See section 475 and Rev. Rul. 97-39,
which begins on page 4 of Internal Revenue Bulletin 1997-39 at IRS.gov/pub/
irs-irbs/irb97-39.pdf.
• Bonds and other debt instruments.
See Pub. 550.
• Certain real estate subdivided for
sale that may be considered a capital asset. See section 1237.
• Gain on the sale of depreciable
property to a more-than-50%-owned entity or to a trust of which you are a beneficiary. See Pub. 544.
• Gain on the disposition of stock in
domestic international sales corporations. See section 995(c).
• Gain on the sale or exchange of
stock in certain foreign corporations.
See section 1248.
• Transfer of property to a partnership that would be treated as an investment company if it were incorporated.
See Pub. 541.
• Sales of stock received under a
qualified public utility dividend reinvestment plan. See Pub. 550.
• Transfer of appreciated property to
a political organization. See section 84.
• Transfer of property by a U.S. person to a foreign estate or trust. See section 684.
• If you give up your U.S. citizenship, you may be treated as having sold
all your property for its fair market value on the day before you gave up your
citizenship. This also applies to
long-term U.S. residents who cease to be

lawful permanent residents. For details,
exceptions, and rules for reporting these
deemed sales, see Pub. 519 and Form
8854.
• In general, no gain or loss is recognized on the transfer of property from an
individual to a spouse or a former
spouse if the transfer is incident to a divorce. See Pub. 504.
• Amounts received on the retirement of a debt instrument are generally
treated as received in exchange for the
debt instrument. See Pub. 550.
• Any loss on the disposition of converted wetland or highly erodible cropland that is first used for farming after
March 1, 1986, is reported as a
long-term capital loss on Form 8949, but
any gain is reported as ordinary income
on Form 4797.
• If qualified dividends that you reported on Form 1040, 1040-SR, or
1040-NR, line 3a, include extraordinary
dividends, any loss on the sale or exchange of the stock is a long-term capital loss to the extent of the extraordinary
dividends. An extraordinary dividend is
a dividend that equals or exceeds 10%
(5% in the case of preferred stock) of
your basis in the stock.
• Amounts received by shareholders
in corporate liquidations. See Pub. 550.
• Cash received in lieu of fractional
shares of stock as a result of a stock split
or stock dividend. See Pub. 550.
• Load charges to acquire stock in a
regulated investment company (including a mutual fund), which may not be
taken into account in determining gain
or loss on certain dispositions of the
stock if reinvestment rights were exercised. See Pub. 550.
• The sale or exchange of S corporation stock or an interest in a partnership
or trust held for more than 1 year, which
may result in collectibles gain (28% rate
gain). See the instructions for line 18.
• Gain or loss on the disposition of
securities futures contracts. See Pub.
550.
• Gain on the constructive sale of
certain appreciated financial positions.
See Pub. 550.
• Certain constructive ownership
transactions. Gain in excess of the gain
you would have recognized if you had
held a financial asset directly during the
term of a derivative contract must be
treated as ordinary income. See section
1260. If any portion of the constructive

ownership transaction was open in any
prior year, you may have to pay interest.
See section 1260(b) for details, including how to figure the interest. Include
the interest as an additional tax on
Schedule 2 (Form 1040), line 17z. In the
space provided, enter “Section 1260(b)
interest” and the amount of the interest.
This interest isn't deductible.
• Gain or loss from the disposition
of stock or other securities in an investment club. See Pub. 550.
• Certain virtual currencies, such as
Bitcoin. See the Instructions for Form
1040 and IRS.gov/VirtualCurrencyFAQs.
• If you are deferring eligible gain
by investing in a QOF, report the gain on
the form on which you normally report
the gain and report the deferral on Form
8949. See How To Report an Election to
Defer Tax on Eligible Gain Invested in a
QOF in the Form 8949 instructions.

Market Discount Bonds
In general, a capital gain from the disposition of a market discount bond is treated as interest income to the extent of
accrued market discount as of the date
of disposition. See sections 1276
through 1278 and Pub. 550 for more information on market discount. See the
Instructions for Form 8949 for detailed
information about how to report the disposition of a market discount bond.

Contingent Payment Debt
Instruments
Any gain recognized on the sale, exchange, or retirement of a taxable contingent payment debt instrument subject
to the noncontingent bond method is
treated as interest income rather than as
capital gain, even if you hold the debt
instrument as a capital asset. If you sell
a taxable contingent payment debt instrument subject to the noncontingent
bond method at a loss, your loss is an ordinary loss to the extent of your prior
original issue discount (OID) inclusions
on the debt instrument. If the debt instrument is a capital asset, treat any loss
that is more than your prior OID inclusions as a capital loss. See Regulations
section 1.1275-4(b) for exceptions to
these rules.
If you received a Form 1099-B (or
substitute statement) reporting the sale
of a taxable contingent payment debt instrument subject to the noncontingent

D-5

bond method and the Ordinary box in
box 2 is checked, an adjustment may be
required. Report the transaction on Form
8949 and complete the form’s Worksheet for Contingent Payment Debt Instrument Adjustment in Column (g) to
figure the adjustment to enter in column
(g) of Form 8949.
See Pub. 550 or Pub. 1212 for more
details on any special rules or adjustments that might apply.

Wash Sales
A wash sale occurs when you sell or
otherwise dispose of stock or securities
(including a contract or option to acquire
or sell stock or securities) at a loss and,
within 30 days before or after the sale or
disposition, you:
1. Buy substantially identical stock
or securities,
2. Acquire substantially identical
stock or securities in a fully taxable
trade,
3. Enter into a contract or option to
acquire substantially identical stock or
securities, or
4. Acquire substantially identical
stock or securities for your individual retirement arrangement (IRA) or Roth
IRA.
You can't deduct losses from wash
sales unless the loss was incurred in the
ordinary course of your business as a
dealer in stock or securities. The basis of
the substantially identical property (or
contract or option to acquire such property) is its cost increased by the disallowed loss (except in the case of (4) earlier).
These wash sale rules don't apply to a
redemption of shares in a floating-NAV
(net asset value) money market fund.
If you received a Form 1099-B (or
substitute statement), box 1g of that
form will generally show whether there
was any nondeductible wash sale loss
and its amount if:
• The stock or securities sold were
covered securities (defined in the instructions for Form 8949, column (e)),
and
• The substantially identical stock or
securities you bought had the same CUSIP number as the stock or securities
you sold and were bought in the same
account as the stock or securities you

sold. (CUSIP numbers are security identification numbers.)
However, you can't deduct a loss from a
wash sale even if it isn't reported on
Form 1099-B (or substitute statement).
For more details on wash sales, see Pub.
550.
Report a wash sale transaction in Part
I or Part II (depending on how long you
owned the stock or securities) of Form
8949 with the appropriate box checked.
Complete all columns. Enter “W” in column (f). Enter as a positive number in
column (g) the amount of the loss not allowed. See the instructions for Form
8949, columns (f), (g), and (h).

Traders in Securities
You are a trader in securities if you are
engaged in the business of buying and
selling securities for your own account.
To be engaged in business as a trader in
securities, all of the following statements must be true.
• You must seek to profit from daily
market movements in the prices of securities and not from dividends, interest,
or capital appreciation.
• Your activity must be substantial.
• You must carry on the activity with
continuity and regularity.
The following facts and circumstances should be considered in determining
if your activity is a business.
• Typical holding periods for securities bought and sold.
• The frequency and dollar amounts
of your trades during the year.
• The extent to which you pursue the
activity to produce income for a livelihood.
• The amount of time you devote to
the activity.
You are considered an investor, and
not a trader, if your activity doesn't meet
the above definition of a business. It
doesn't matter whether you call yourself
a trader or a “day trader.”
Like an investor, a trader must generally report each sale of securities (taking
into account commissions and any other
costs of acquiring or disposing of the securities) on Form 8949 unless one of the
exceptions described in the Instructions
for Form 8949 applies. However, if a
trader previously made the mark-to-market election (explained below), each
transaction is reported in Part II of Form

4797 instead of on Form 8949. Regardless of whether a trader reports his or her
gains and losses on Form 8949 or Form
4797, the gain or loss from the disposition of securities isn't taken into account
when figuring net earnings from
self-employment on Schedule SE. See
the Instructions for Schedule SE for an
exception that applies to section 1256
contracts.

Internal Revenue Bulletin 1999-7 at
IRS.gov/pub/irs-irbs/irb99-07.pdf.
If you hold securities for investment,
you must identify them as such in your
records on the day you acquired them
(for example, by holding the securities
in a separate brokerage account). Securities that you hold for investment aren't
marked to market.

The limitation on investment interest
expense that applies to investors doesn't
apply to interest paid or incurred in a
trading business. A trader reports interest expense and other expenses (excluding commissions and other costs of acquiring or disposing of securities) from a
trading business on Schedule C (instead
of Schedule A).

A short sale is a contract to sell property
you borrowed for delivery to a buyer. At
a later date, you either buy substantially
identical property and deliver it to the
lender or deliver property that you held
but didn't want to transfer at the time of
the sale.

A trader may also hold securities for
investment. The rules for investors will
generally apply to those securities. Allocate interest and other expenses between
your trading business and your investment securities.
Mark-to-Market Election for
Traders
A trader may make an election under
section 475(f) to report all gains and losses from securities held in connection
with a trading business as ordinary income (or loss), including those from securities held at the end of the year. Securities held at the end of the year are
“marked to market” by treating them as
if they were sold for fair market value
on the last business day of the year.
Generally, the election must be made by
the due date (not including extensions)
of the tax return for the year prior to the
year for which the election becomes effective. To be effective for 2023, the
election must have been made by the
due date of your 2022 return (not counting extensions).
Starting with the year the election becomes effective, a trader reports all
gains and losses from securities held in
connection with the trading business, including securities held at the end of the
year, in Part II of Form 4797. If you previously made the election, see the Instructions for Form 4797. For details on
making the mark-to-market election for
2023, see Pub. 550 or Rev. Proc. 99-17,
which starts on the bottom of page 52 of

D-6

Short Sales

Example. You think the value of
XYZ stock will drop. You borrow 10
shares from your broker and sell them
for $100. This is a short sale. You later
buy 10 shares for $80 and deliver them
to your broker to close the short sale.
Your gain is $20 ($100 − $80).
Holding period. Usually, your holding
period is the amount of time you actually held the property eventually delivered
to the broker or lender to close the short
sale. However, your gain when closing a
short sale is short term if you (a) held
substantially identical property for 1
year or less on the date of the short sale,
or (b) acquired property substantially
identical to the property sold short after
the short sale but on or before the date
you close the short sale. If you held substantially identical property for more
than 1 year on the date of a short sale,
any loss realized on the short sale is a
long-term capital loss, even if the property used to close the short sale was held
1 year or less.
Reporting a short sale. Report any
short sale on Form 8949 in the year it
closes.
If a short sale closed in 2023 but you
didn't get a 2023 Form 1099-B (or substitute statement) for it because you entered into it before 2011, report it on
Form 8949 in Part I with box C checked
or Part II with box F checked (whichever applies). In column (a), enter (for example) “100 sh. XYZ Co.—2010 short
sale closed.” Fill in the other columns
according to their instructions. Report
the short sale the same way if you received a 2023 Form 1099-B (or substi-

tute statement) that doesn't show proceeds (sales price).

Gain or Loss From Options
Report on Form 8949 gain or loss from
the closing or expiration of an option
that isn't a section 1256 contract but is a
capital asset in your hands. If an option
you purchased expired, enter the expiration date in column (c) and enter “EXPIRED” in column (d). If an option that
was granted (written) expired, enter the
expiration date in column (b) and enter
“EXPIRED” in column (e). Fill in the
other columns according to their instructions. See Pub. 550 for details.
If a call option you sold after 2013
was exercised, the option premium you
received will be reflected in the proceeds shown in box 1d of the Form
1099-B (or substitute statement) you received. If you sold the call option before
2014, the option premium you received
may not be reflected on Form 1099-B. If
it isn't, enter the premium as a positive
number in column (g) of Form 8949.
Enter “E” in column (f).
Example. For $10 in 2013, you sold
Joe an option to buy one share of XYZ
stock for $80. Joe later exercised the option. The Form 1099-B you get shows
the proceeds to be $80. Enter $80 in column (d) of Form 8949. Enter “E” in column (f) and $10 in column (g). Complete the other columns according to the
instructions.

NAV Method for Money
Market Funds
If you have a capital gain or loss determined under the net asset value (NAV)
method with respect to shares in an NAV
money market fund, report the capital
gain or loss on Form 8949, Part I, with
box C checked. Enter the name of each
fund followed by “(NAV)” in column
(a). Enter the net gain or loss in column
(h). Leave all other columns blank. See
the Instructions for Form 8949.

Undistributed Capital Gains
Include on Schedule D, line 11, the
amount from box 1a of Form 2439. This
represents your share of the undistributed long-term capital gains of the regulated investment company (including a
mutual fund) or real estate investment
trust.

If there is an amount in box 1b of
Form 2439, include that amount on
line 11 of the Unrecaptured Section
1250 Gain Worksheet if you complete
line 19 of Schedule D.
If there is an amount in box 1c of
Form 2439, see Exclusion of Gain on
Qualified Small Business (QSB) Stock,
later.
If there is an amount in box 1d of
Form 2439, include that amount on
line 4 of the 28% Rate Gain Worksheet
if you complete line 18 of Schedule D.
Include on Schedule 3 (Form 1040),
line 13a, the tax paid as shown in box 2
of Form 2439. Add to the basis of your
stock the excess of the amount included
in income over the amount of the credit
for the tax paid. See Pub. 550 for details.

Installment Sales
If you sold property (other than publicly
traded stocks or securities) at a gain and
you will receive a payment in a tax year
after the year of sale, you must generally
report the sale on the installment method
unless you elect not to. Use Form 6252
to report the sale on the installment
method. Also, use Form 6252 to report
any payment received in 2023 from a
sale made in an earlier year that you reported on the installment method.
To elect out of the installment method, report the full amount of the gain on
Form 8949 on a timely filed return (including extensions) for the year of the
sale. If your original return was filed on
time, you can make the election on an
amended return filed no later than 6
months after the due date of your return
(excluding extensions). Enter “Filed pursuant to section 301.9100-2” at the top
of the amended return.

Demutualization of Life
Insurance Companies
Demutualization of a life insurance
company occurs when a mutual life insurance company changes to a stock
company. If you were a policyholder or
annuitant of the mutual company, you
may have received either stock in the
stock company or cash in exchange for
your equity interest in the mutual company.
If the demutualization transaction
qualifies as a tax-free reorganization, no

D-7

gain or loss is recognized on the exchange of your equity interest in the mutual company for stock. The company
can advise you if the transaction is a
tax-free reorganization. Your holding
period for the new stock includes the period you held an equity interest in the
mutual company. If you received cash in
exchange for your equity interest, you
must recognize any capital gain. If you
held the equity interest for more than 1
year, report the gain as a long-term capital gain in Part II of Form 8949. If you
held the equity interest for 1 year or less,
report the gain as a short-term capital
gain in Part I of Form 8949. Be sure the
appropriate box is checked at the top of
Form 8949.
If the demutualization transaction
doesn't qualify as a tax-free reorganization, you must recognize a capital gain
or loss. If you held the equity interest for
more than 1 year, report the gain or loss
as a long-term capital gain or loss in Part
II of Form 8949. If you held the equity
interest for 1 year or less, report the gain
or loss as a short-term capital gain or
loss in Part I of Form 8949. Be sure the
appropriate box is checked at the top of
Form 8949. Your holding period for the
new stock begins on the day after you
received the stock.

Small Business (Section
1244) Stock
Report an ordinary loss from the sale,
exchange, or worthlessness of small
business (section 1244) stock on Form
4797. However, if the total loss is more
than the maximum amount that can be
treated as an ordinary loss for the year
($50,000 or, on a joint return, $100,000),
also report the transaction on Form 8949
as follows.
1. In column (a), enter “Capital portion of section 1244 stock loss.”
2. Complete columns (b) and (c) as
you normally would.
3. In column (d), enter the entire
sales price of the stock sold.
4. In column (e), enter the entire basis of the stock sold.
5. Enter “S” in column (f). See the
instructions for Form 8949, columns (f),
(g), and (h).
6. In column (g), enter the loss you
claimed on Form 4797 for this transaction. Enter it as a positive number.

7. Complete column (h) according
to its instructions.
Report the transaction in Part I or
Part II of Form 8949 (depending on how
long you held the stock) with the appropriate box checked.
Example. You sold section 1244
stock for $1,000. Your basis was
$60,000. You had held the stock for 3
years. You can claim $50,000 of your
loss as an ordinary loss on Form 4797.
To claim the rest of the loss on Form
8949, check the appropriate box at the
top. Enter $1,000 on Form 8949, Part II,
column (d). Enter $60,000 in column
(e). Enter “S” in column (f) and $50,000
(the ordinary loss claimed on Form
4797) in column (g). In column (h), enter ($9,000) ($1,000 − $60,000 +
$50,000). Put it in parentheses to show it
is a negative amount.

Exclusion of Gain on
Qualified Small Business
(QSB) Stock
Section 1202 allows you to exclude a
portion of the eligible gain on the sale or
exchange of QSB stock. The section
1202 exclusion applies only to QSB
stock held for more than 5 years. If you
acquired the QSB stock on or before
February 17, 2009, you can exclude up
to 50% of the qualified gain. However,
you can exclude up to 60% of the qualified gain on certain empowerment zone
business stock for gain attributable to
periods on or before December 31,
2018. The 60% exclusion doesn’t apply
to gain attributable to periods after December 31, 2018. See Empowerment
Zone Business Stock, later.
If you acquired the QSB stock after
February 17, 2009, and before September 28, 2010, you can exclude up to 75%
of the qualified gain.
If you acquired the QSB stock after
September 27, 2010, you can exclude up
to 100% of the qualified gain.
To be QSB stock, the stock must
meet all of the following tests.
1. It must be stock in a C corporation (that is, not S corporation stock).
2. It must have been originally issued after August 10, 1993.
3. As of the date the stock was issued, the corporation was a domestic C

corporation with total gross assets of
$50 million or less (a) at all times after
August 9, 1993, and before the stock
was issued; and (b) immediately after
the stock was issued. Gross assets include those of any predecessor of the
corporation. All corporations that are
members of the same parent-subsidiary
controlled group are treated as one corporation.
4. You must have acquired the stock
at its original issue (either directly or
through an underwriter), either in exchange for money or other property
(other than stock) or as pay for services
(other than as an underwriter) to the corporation. In certain cases, you may meet
this test if you acquired the stock from
another person who met the test (such as
by gift or inheritance) or through a conversion or exchange of QSB stock you
held.
5. During substantially all the time
you held the stock:
a. The corporation was a C corporation;
b. At least 80% of the value of the
corporation's assets were used in the active conduct of one or more qualified
businesses (defined next); and
c. The corporation wasn't a foreign
corporation, DISC, former DISC, regulated investment company, real estate investment trust, REMIC, FASIT, or cooperative, or a corporation that has made
(or that has a subsidiary that has made) a
section 936 election.
SSBIC. A specialized small
TIP business investment company
(SSBIC) is treated as having
met test 5b.
Definition of qualified business. A
qualified business is any business that
isn't one of the following.
• A business involving services performed in the field of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting,
athletics, financial services, or brokerage
services.
• A business whose principal asset is
the reputation or skill of one or more
employees.
• A banking, insurance, financing,
leasing, investing, or similar business.
• A farming business (including the
raising or harvesting of trees).

D-8

• A business involving the production of products for which percentage
depletion can be claimed.
• A business of operating a hotel,
motel, restaurant, or similar business.
For more details about limits and additional requirements that may apply,
see Pub. 550 or section 1202.
Acquisition date of stock acquired after February 17, 2009. When you are
determining whether your exclusion is
limited to 50%, 75%, or 100% of the
gain from QSB stock, your acquisition
date is considered to be the first day you
held the stock (determined after applying the holding period rules in section
1223).
Empowerment Zone Business
Stock
You can generally exclude up to 60% of
your gain from the sale or exchange of
QSB stock held for more than 5 years if
you meet the following additional requirements.
1. The stock you sold or exchanged
was stock in a corporation that qualified
as an empowerment zone business during substantially all of the time you held
the stock.
2. You acquired the stock after December 21, 2000, and before February
18, 2009.
3. The gain from the sale or exchange of the stock is attributable to periods on or before December 31, 2018.
Requirement 1 will still be met if the
corporation ceased to qualify after the
5-year period that began on the date you
acquired the stock. However, the gain
that qualifies for the 60% exclusion can't
be more than the gain you would have
had if you had sold the stock on the date
the corporation ceased to qualify.
Stock acquired after February 17,
2009. You can exclude up to 75% of
your gain if you acquired the stock after
February 17, 2009, and before September 28, 2010.
You can exclude up to 100% of your
gain if you acquired the stock after September 27, 2010.
More information. For more information about empowerment zone businesses, see section 1397C.

Pass-Through Entities
If you held an interest in a pass-through
entity (a partnership, S corporation,
common trust fund, or mutual fund or
other regulated investment company)
that sold QSB stock, to qualify for the
exclusion you must have held the interest on the date the pass-through entity
acquired the QSB stock and at all times
thereafter until the stock was sold.
How To Report
Report the sale or exchange of the QSB
stock on Form 8949, Part II, with the appropriate box checked, as you would if
you weren't taking the exclusion. Then
enter “Q” in column (f) and enter the
amount of the excluded gain as a negative number in column (g). Put it in parentheses to show it is negative. See the
instructions for Form 8949, columns (f),
(g), and (h). Complete all remaining columns. If you are completing line 18 of
Schedule D, enter as a positive number
the amount of your allowable exclusion
on line 2 of the 28% Rate Gain Worksheet; if you excluded 60% of the gain,
enter 2/3 of the exclusion; if you excluded 75% of the gain, enter 1/3 of the exclusion; if you excluded 100% of the
gain, don't enter an amount.
Gain from Form 1099-DIV. If you received a Form 1099-DIV with a gain in
box 2c, part or all of that gain (which is
also included in box 2a) may be eligible
for the section 1202 exclusion. Report
the total gain (box 2a) on Schedule D,
line 13. In column (a) of Form 8949,
Part II, enter the name of the corporation
whose stock was sold. In column (f), enter “Q,” and in column (g), enter the
amount of the excluded gain as a negative number. See the instructions for
Form 8949, columns (f), (g), and (h). If
you are completing line 18 of Schedule D, enter as a positive number the
amount of your allowable exclusion on
line 2 of the 28% Rate Gain Worksheet;
if you excluded 60% of the gain, enter
2/3 of the exclusion; if you excluded
75% of the gain, enter 1/3 of the exclusion; if you excluded 100% of the gain,
don't enter an amount.
Gain from Form 2439. If you received
a Form 2439 with a gain in box 1c, part
or all of that gain (which is also included
in box 1a) may be eligible for the section 1202 exclusion. Report the total

gain (box 1a) on Schedule D, line 11. In
column (a) of Form 8949, Part II, enter
the name of the corporation whose stock
was sold. In column (f), enter “Q,” and
in column (g), enter the amount of the
excluded gain as a negative number. See
the instructions for Form 8949, columns
(f), (g), and (h). If you are completing
line 18 of Schedule D, enter as a positive number the amount of your allowable exclusion on line 2 of the 28% Rate
Gain Worksheet; if you excluded 60% of
the gain, enter 2/3 of the exclusion; if
you excluded 75% of the gain, enter 1/3
of the exclusion; if you excluded 100%
of the gain, don't enter an amount.
Gain from an installment sale of QSB
stock. If all payments aren't received in
the year of sale, a sale of QSB stock that
isn't traded on an established securities
market is generally treated as an installment sale and is reported on Form 6252.
Report the long-term gain from Form
6252 on Schedule D, line 11. Figure the
allowable section 1202 exclusion for the
year by multiplying the total amount of
the exclusion by a fraction, the numerator of which is the amount of eligible
gain to be recognized for the tax year
and the denominator of which is the total amount of eligible gain. In column
(a) of Form 8949, Part II, enter the name
of the corporation whose stock was sold.
In column (f), enter “Q,” and in column
(g), enter the amount of the allowable
exclusion for the year as a negative
number. See the instructions for Form
8949, columns (f), (g), and (h). If you
are completing line 18 of Schedule D,
enter as a positive number the amount of
your allowable exclusion for the year on
line 2 of the 28% Rate Gain Worksheet;
if you excluded 60% of the gain, enter
2/3 of the allowable exclusion for the
year; if you excluded 75% of the gain,
enter 1/3 of the allowable exclusion for
the year; if you excluded 100% of the
gain, don't enter an amount.
Alternative minimum tax. If you qualify for the 50%, 60%, or 75% exclusion,
enter 7% of your allowable exclusion for
the year on line 13 of Form 6251. If you
qualify for the 100% exclusion, leave
line 13 of Form 6251 blank.

Rollover of Gain From QSB
Stock
If you sold QSB stock (defined earlier)
that you held for more than 6 months,

D-9

you can elect to postpone gain if you
buy other QSB stock during the 60-day
period that began on the date of the sale.
A pass-through entity can also make the
election to postpone gain. The benefit of
the postponed gain applies to your share
of the entity's postponed gain if you held
an interest in the entity for the entire period the entity held the QSB stock. If a
pass-through entity sold QSB stock held
for more than 6 months and you held an
interest in the entity for the entire period
the entity held the stock, you can also
elect to postpone gain if you, rather than
the pass-through entity, buy the replacement QSB stock within the 60-day period. If you were a partner in a partnership
that sold or bought QSB stock, see
box 11 of the Schedule K-1 (Form 1065)
sent to you by the partnership; also, see
Regulations section 1.1045-1.
You must recognize gain to the extent
the sale proceeds are more than the cost
of the replacement stock. Reduce the basis of the replacement stock by any postponed gain.
You must make the election no later
than the due date (including extensions)
for filing your tax return for the tax year
in which the QSB stock was sold. If
your original return was filed on time,
you can make the election on an amended return filed no later than 6 months
after the due date of your return (excluding extensions). Enter “Filed pursuant to
section 301.9100-2” at the top of the
amended return.
To make the election, report the sale
in Part I or Part II (depending on how
long you, or the pass-through entity, if
applicable, owned the stock) of Form
8949 as you would if you weren't making the election. Then enter “R” in column (f). Enter the amount of the postponed gain as a negative number in column (g). Put it in parentheses to show it
is negative. See the instructions for
Form 8949, columns (f), (g), and (h).
Complete all remaining columns.

Exclusion of Gain From DC
Zone Assets
If you sold or exchanged a District of
Columbia Enterprise Zone (DC Zone)
asset that you acquired after 1997 and
before 2012 and held for more than 5
years, you may be able to exclude the
amount of qualified capital gain that you

would otherwise include in income. The
exclusion applies to an interest in, or
property of, certain businesses operating
in the District of Columbia.
DC Zone asset. A DC Zone asset is any
of the following.
• DC Zone business stock.
• DC Zone partnership interest.
• DC Zone business property.
Qualified capital gain. Qualified capital gain is any gain recognized on the
sale or exchange of a DC Zone asset that
is a capital asset or property used in a
trade or business. It doesn't include any
of the following gains.
• Gain attributable to periods after
December 31, 2016.
• Gain treated as ordinary income
under section 1245.
• Section 1250 gain figured as if
section 1250 applied to all depreciation
rather than the additional depreciation.
• Gain attributable to real property,
or an intangible asset, that isn't an integral part of a DC Zone business.
• Gain from a related-party transaction. See Sales and Exchanges Between
Related Persons in chapter 2 of Pub.
544.
How to report. Report the sale or exchange of DC Zone business stock or a
DC Zone partnership interest on Form
8949, Part II, as you would if you
weren't taking the exclusion. Then enter
“X” in column (f). Enter the amount of
the exclusion as a negative number in
column (g). Put it in parentheses to show
it is negative. See the instructions for
Form 8949, columns (f), (g), and (h).
Complete all remaining columns.
Report the sale or exchange of DC
Zone business property on Form 4797.
See the Form 4797 instructions for details.

Exclusion of Gain From
Qualified Community Assets
If you sold or exchanged a qualified
community asset that you acquired after
2001 and before 2010 and held for more
than 5 years, you may be able to exclude
the qualified capital gain that you would
otherwise include in income. The exclusion applies to an interest in, or property
of, certain renewal community businesses.

Qualified community asset. A qualified community asset is any of the following.
• Qualified community stock.
• Qualified community partnership
interest.
• Qualified community business
property.
Qualified capital gain. Qualified capital gain is any gain recognized on the
sale or exchange of a qualified community asset but doesn't include any of the
following.
• Gain attributable to periods after
December 31, 2014.
• Gain treated as ordinary income
under section 1245.
• Section 1250 gain figured as if
section 1250 applied to all depreciation
rather than the additional depreciation.
• Gain attributable to real property,
or an intangible asset, that isn't an integral part of a renewal community business.
• Gain from a related-party transaction. See Sales and Exchanges Between
Related Persons in chapter 2 of Pub.
544.
How to report. Report the sale or exchange of qualified community stock or
a qualified community partnership interest on Form 8949, Part II, with the appropriate box checked, as you would if
you weren't taking the exclusion. Then
enter “X” in column (f) and enter the
amount of the exclusion as a negative
number in column (g). Put it in parentheses to show it is negative. See the instructions for Form 8949, columns (f),
(g), and (h). Complete all remaining columns.
Report the sale or exchange of qualified community business property on
Form 4797. See the Form 4797 instructions for details.

during the 180-day period beginning on
the date the gain was realized. You may
also be able to permanently exclude the
gain from the sale or exchange of any
investment in a QOF if the investment is
held for at least 10 years.

Deferral of Gain Invested in
a QOF

Rounding Off to Whole
Dollars

If you have an eligible gain, you can invest that gain in a QOF and elect to defer part or all of the gain that you would
otherwise include in income until you
sell or exchange the investment in the
QOF or December 31, 2026, whichever
is earlier. If you make the election, you
only include gain to the extent, if any,
the amount of realized gain is more than
the aggregate amount invested in a QOF

You can round off cents to whole dollars
on your Schedule D. If you do round to
whole dollars, you must round all
amounts. To round, drop amounts under
50 cents and increase amounts from 50
to 99 cents to the next dollar. For example, $1.39 becomes $1 and $2.50 becomes $3.

D-10

If you elect to defer tax on an
eligible gain by investing in a
CAUTION QOF, you will need to complete
a Form 8997 for each year you hold the
investment and for the year you dispose
of the investment. If you have held that
investment for more than 5 years, see
the instructions for Form 8997 for additional information regarding the basis of
that investment.

!

QOF. A QOF is any investment vehicle
that is organized as either a corporation
or partnership for the purpose of investing in eligible property that is located in
a qualified opportunity zone.
How to report. Report the eligible gain
as you normally would on Schedule D.
See the Form 8949 instructions for how
to report the deferral. See the Form 8997
instructions for additional reporting instructions.

Rollover of Gain From Stock
Sold to ESOPs or Certain
Cooperatives
You can postpone all or part of any gain
from the sale of qualified securities, held
for at least 3 years, to an employee stock
ownership plan (ESOP) or eligible
worker-owned cooperative, if you buy
qualified replacement property. See Pub.
550. Also, see the instructions for Form
8949, columns (f), (g), and (h).

Specific
Instructions

If you have to add two or more
amounts to figure the amount to enter on

Capital Loss Carryover Worksheet—Lines 6 and 14

Keep for Your Records

Use this worksheet to figure your capital loss carryovers from 2022 to 2023 if your 2022 Schedule D, line 21, is a loss and (a) that loss is a smaller loss
than the loss on your 2022 Schedule D, line 16; or (b) if the amount on your 2022 Form 1040 or 1040-SR, line 15, (or your 2022 Form 1040-NR,
line 15, if applicable) would be less than zero if you could enter a negative amount on that line. Otherwise, you don't have any carryovers.
If you and your spouse once filed a joint return and are filing separate returns for 2023, any capital loss carryover from the joint return can be deducted
only on the return of the spouse who actually had the loss.
If you excluded canceled debt from income in 2023, see Pub. 4681.
1. Enter the amount from your 2022 Form 1040 or 1040-SR, line 15; or your 2022 Form 1040-NR, line 15. If
the amount would have been a loss if you could enter a negative number on that line, enclose the amount in
parentheses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. Enter the loss from your 2022 Schedule D, line 21, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . .
3. Combine lines 1 and 2. If zero or less, enter -0-

...........................................

1.
2.
3.

4. Enter the smaller of line 2 or line 3 . . . . . . . . . . . . . . . . . . . . . .

4.
If line 7 of your 2022 Schedule D is a loss, go to line 5; otherwise, enter -0- on line 5 and go to line 9.
5. Enter the loss from your 2022 Schedule D, line 7, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

6. Enter any gain from your 2022 Schedule D, line 15. If a loss,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.
7. Add lines 4 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

8. Short-term capital loss carryover for 2023. Subtract line 7 from line 5. If zero or less, enter -0-. If more
than zero, also enter this amount on Schedule D, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If line 15 of your 2022 Schedule D is a loss, go to line 9; otherwise, skip lines 9 through 13.
9. Enter the loss from your 2022 Schedule D, line 15, as a positive amount . . . . . . . . . . . . . . . . . . . . . . . . . .
10. Enter any gain from your 2022 Schedule D, line 7. If a loss,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Subtract line 5 from line 4. If zero or less, enter -0- . . . . . . . . . . .

8.
9.

10.

11.
12. Add lines 10 and 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12.

13. Long-term capital loss carryover for 2023. Subtract line 12 from line 9. If zero or less, enter -0-. If more
than zero, also enter this amount on Schedule D, line 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.

a line, include cents when adding the
amounts and round off only the total.
Disposal of QOF investment. If you
disposed of any investment in a QOF
during the tax year, check the box on
page 1 of Schedule D and see the Instructions for Form 8949 for additional
reporting requirements. You must also
complete Part III of Form 8997. See the
instructions for Form 8997 for details.

Lines 1a and 8a—
Transactions Not Reported
on Form 8949
You can report on line 1a (for short-term
transactions) or line 8a (for long-term
transactions) the aggregate totals from
any transactions (except sales of collectibles) for which:
• You received a Form 1099-B (or
substitute statement) that shows basis
was reported to the IRS and doesn't
show any adjustments in box 1f or 1g;

• The Ordinary box in box 2 isn’t
checked;
• The QOF box in box 3 isn’t
checked;
• You aren’t electing to defer income
due to an investment in a QOF and
aren’t terminating deferral from an investment in a QOF; and
• You don't need to make any adjustments to the basis or type of gain or loss
reported on Form 1099-B (or substitute
statement), or to your gain or loss.
See How To Complete Form 8949, Columns (f) and (g) in the Form 8949 instructions for details about possible adjustments to your gain or loss.
If you choose to report these transactions on lines 1a and 8a, don't report
them on Form 8949. You don't need to
attach a statement to explain the entries
on lines 1a and 8a and, if you e-file your
return, you don't need to file Form 8453.
Figure gain or loss on each line. Subtract the cost or other basis in column (e)

D-11

from the proceeds (sales price) in column (d). Enter the gain or loss in column (h). Enter negative amounts in parentheses.
Example 1—basis reported to the
IRS. You received a Form 1099-B reporting the sale of stock you held for 3
years. It shows proceeds (in box 1d) of
$6,000 and cost or other basis (in
box 1e) of $2,000. Box 3 is checked,
meaning that basis was reported to the
IRS. You don't need to make any adjustments to the amounts reported on Form
1099-B or enter any codes. This was
your only 2023 transaction. Instead of
reporting this transaction on Form 8949,
you can enter $6,000 on Schedule D,
line 8a, column (d); $2,000 in column
(e); and $4,000 ($6,000 − $2,000) in column (h).
If you had a second transaction that
was the same except that the proceeds
were $5,000 and the basis was $3,000,
combine the two transactions. Enter

$11,000 ($6,000 + $5,000) on Schedule D, line 8a, column (d); $5,000
($2,000 + $3,000) in column (e); and
$6,000 ($11,000 − $5,000) in column
(h).
Example 2—basis not reported to
the IRS. You received a Form 1099-B
showing proceeds (in box 1d) of $6,000
and cost or other basis (in box 1e) of
$2,000. Box 3 isn't checked, meaning
that basis wasn't reported to the IRS.
Don't report this transaction on line 1a
or line 8a. Instead, report the transaction
on Form 8949. Complete all necessary
pages of Form 8949 before completing
line 1b, 2, 3, 8b, 9, or 10 of Schedule D.
Example 3—adjustment. You received a Form 1099-B showing proceeds (in box 1d) of $6,000 and cost or
other basis (in box 1e) of $2,000. Box 3
is checked, meaning that basis was reported to the IRS. However, the basis
shown in box 1e is incorrect. Don't report this transaction on line 1a or
line 8a. Instead, report the transaction on
Form 8949. See the instructions for
Form 8949, columns (f), (g), and (h).
Complete all necessary pages of Form
8949 before completing line 1b, 2, 3, 8b,
9, or 10 of Schedule D.

Lines 1b, 2, 3, 8b, 9, and 10,
Column (h)—Transactions
Reported on Form 8949
Figure gain or loss on each line. First,
subtract the cost or other basis in column (e) from the proceeds (sales price)
in column (d). Then combine the result
with any adjustments in column (g). Enter the gain or loss in column (h). Enter
negative amounts in parentheses.
Example 1