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The provisions contained in Sections 1244 and 1202 of the Tax Code allow an investor to purchase ?small business stock? and receive favorable tax treatment upon sale. These provisions have powerful potential for tax savings, however, certain rules must be followed to obtain this favorable treatment.
Deducting Capital Losses If you don't have capital gains to offset the capital loss, you can use a capital loss as an offset to ordinary income, up to $3,000 per year. (If you have more than $3,000, it will be carried forward to future tax years.)
Deducting Capital Losses If you don't have capital gains to offset the capital loss, you can use a capital loss as an offset to ordinary income, up to $3,000 per year. (If you have more than $3,000, it will be carried forward to future tax years.)
S CORP. SHAREHOLDERS GET NO ORDINARY LOSS DEDUCTION ON SALE OF SMALL BUSINESS STOCK. The Service has ruled in technical advice that S corporation shareholders do not qualify for an ordinary loss deduction under section 1244 on the sale of a company's common stock held by the S corporation.
Qualifying for Section 1244 Stock The stock must be issued by U.S. corporations and can be either a common or preferred stock. However, if the shares in question were issued before July 19, 1984, only common stock qualifies.