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Footnotes · CE course notes · C Corporations · Capital Gains and Losses

Capital Gains and Losses

At the desk

FormsForm 8949 → Schedule D (Form 1120) → page 1, line 8. Form 4797 for §1231 property; net §1231 gain comes across to Schedule D as long-term
RateNet capital gain is ordinary income at 21%. No preferential rate for corporations
Net capital lossNot deductible this year. Carry back 3 years, earliest year first, to the extent of that year’s net capital gain; then forward 5 years; then lost. Form 1139 or an amended return for the carryback
Character on carryA carried capital loss, long- or short-term in origin, is treated as short-term in the year it lands
NOL interactionA capital loss carryback cannot create or increase an NOL in the carryback year
Holding periodLong-term is more than 12 months. Acquisition date does not count; sale date does
§1231Net gain: long-term capital gain. Net loss: ordinary. Recapture first: §1245 in full, §1250 plus a §291 20% add-on for corporations
§1221 exclusionsInventory; customer receivables; self-created copyrights, letters and similar property (patents and inventions since 2018); depreciable and real business property; supplies; hedges

What is a capital asset

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Corporations versus individuals

The three differences
IndividualC corporation
Rate on long-term gain0%, 15% or 20% (plus 3.8% NIIT)Same rate as everything else: 21%
Capital loss against ordinary incomeUp to $3,000 a year ($1,500 married filing separately)None
Unused capital lossForward indefinitely, keeping its characterBack 3 years, forward 5, becomes short-term, then expires
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The netting process

Examples — Fizzy Liquids

Short-term gain $1,000, long-term loss ($2,000), short-term loss ($3,000), long-term gain $5,000. Net short-term ($2,000); net long-term $3,000. Net capital gain $1,000, taxed at 21%.

Short-term gain $2,000, long-term loss ($7,000), short-term loss ($9,000), long-term gain $9,000. Net short-term ($7,000); net long-term $2,000. Net capital loss ($5,000) — carried back and forward, not deducted.

Example — Corporation X with §1231 property

Land held 3 years, gain $100,000; machine held 5 years, loss ($20,000); Xanadu stock held 3 months, loss ($5,000); Diamond bonds held 15 months, loss ($8,000); Ruby stock held 11 months, gain $3,000.

Short-term: ($5,000) + $3,000 = NSTL ($2,000). §1231: $100,000 − $20,000 = net gain $80,000, treated as long-term; with the bonds, NLTG $72,000. Net capital gain $70,000.

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§1231 property

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Carryback and carryforward

Example — Unlucky Corp

This year: net short-term gain $20,000, net long-term loss ($100,000) — net capital loss $80,000; other taxable income $200,000. Capital gains in prior years: four years ago $40,000, three years ago $5,000, two years ago $20,000, last year $0.

Four years ago is out of reach. Three years ago absorbs $5,000; two years ago absorbs $20,000; last year nothing. $55,000 carries forward for up to five years. The $200,000 of ordinary income is untouched.

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Study questions 15–19

Private reference, not client advice. Notes taken from a 2019 continuing-education course (Thomson Reuters Checkpoint Learning, C Corporations — Overview of Corporate Income Tax); figures and rules brought current to 2026 in October 2026 (P.L. 119-21, Rev. Proc. 2024-40, Rev. Proc. 2025-32). Verify current-year amounts before relying on them.