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Section 1244 stock is a type of equity investment in a small business. It allows investors to claim an ordinary loss on the investment rather than a capital loss if the investment goes bad. The maximum loss that can get claimed is $50,000 per year, or $100,000 for married couples filing jointly.
However, § 1244 allows shareholders of a small business corporation who sold stock at a loss to avoid the limitations on deductions and deduct the entire loss from their sale as an ordinary loss immediately in the year of realization.
1244 stock are deductible as ordinary losses up to a maximum of $50,000 per taxable year ($100,000 for married taxpayers filing a joint return), Any excess loss for the year is a capital loss. Gains on the sale of Sec. 1244 stock are capital gains.
Section 1244 stock refers to the tax treatment of qualified restricted shares. Section 1244 stock allows firms to report certain capital losses as ordinary losses for tax purposes. This lets new or smaller companies take advantage of lower effective tax rates and increased deductions.
To claim the business loss from Section 1244 stock, you will need to file Form 4797 with your tax return. You will also need to attach a computation of the loss from the sale or exchange of section 1244 stock.