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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.
Losses on the sale or worthlessness of Sec. 1244 stock are deductible as ordinary losses for a maximum of $3,000 per year Gains on the sale of Sec 1244 stock are treated as ordinary gains up to a maximum amount for the year Any excess for the year is allowed as a capital gain.
Qualifying for Section 1244 Stock The stock must be issued by U.S. corporations and can be either a common or preferred stock. ... The corporation's aggregate capital must not have exceeded $1 million when the stock was issued and the corporation cannot derive more than 50% of its income from passive investments.
If you own a stock where the company has declared bankruptcy and the stock has become worthless, you can generally deduct the full amount of your loss on that stock ? up to annual IRS limits with the ability to carry excess losses forward to future years.
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.