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Subject Author Date
Nominee Capital Gains runtwoday 01-31-2008
Posted by runtwoday on January 31, 2008, 10:56 pm
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From IRA Pub 564
"If you received a capital gain distribution or were allocated an
undistributed capital gain as a nominee, report only the amount that
belongs to you on line 10 of Form 1040A, line 13 of Form 1040, or
Schedule D (Form 1040), whichever is appropriate. Attach a statement to
your return showing the full amount you received or were allocated and
the amount you received or were allocated as a nominee."

Each of the tax prep programs I've tried (TaxAct, TaxCut, TurboTax)
treat nominee interest and ordinary dividends correctly (i.e. subtotal
and subtract nominee amount on schedule B), but ignore nominee cap
gains. No statement is created as required per Pub 564.

Since I have to manually create the required statement, does that mean I
can't use any of these tax prep programs to e-file?

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Posted by Mark Bole on February 1, 2008, 2:15 pm
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runtwoday wrote:
> From IRA Pub 564
> "If you received a capital gain distribution or were allocated an
> undistributed capital gain as a nominee, report only the amount that
> belongs to you on line 10 of Form 1040A, line 13 of Form 1040, or
> Schedule D (Form 1040), whichever is appropriate. Attach a statement to
> your return showing the full amount you received or were allocated and
> the amount you received or were allocated as a nominee."
>
> Each of the tax prep programs I've tried (TaxAct, TaxCut, TurboTax)
> treat nominee interest and ordinary dividends correctly (i.e. subtotal
> and subtract nominee amount on schedule B), but ignore nominee cap
> gains. No statement is created as required per Pub 564.
>
> Since I have to manually create the required statement, does that mean I
> can't use any of these tax prep programs to e-file?

Turbotax gives you two ways to handle this. The default is to prorate
the nominee adjustment across dividends and capital gains, see the help
file for topic "prorating dividends for adjustments".

The other way would be to enter your 1099-DIV as if it were two
1099-DIV's, one for dividends only and one for capital gains
distributions only. This allows you to have a little more control.

I see a statement generated automatically when I test this. If you do
not, perhaps it is only a feature of the higher-end (more costly)
version(s) of Turbotax.

Now, if only one could use nominee treatment for actual capital gains or
losses (1099-B)...sigh.

-Mark Bole




--
Mark Bole

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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