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Article: Sec. 1202 qualifications.(IRC section 1202, capital gains tax exclusion)
- Article from:
- The Tax Adviser
- Article date:
- August 1, 1999
- Author:
CopyrightCOPYRIGHT 1999 American Institute of CPA's. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Revenue Reconciliation Act of 1993 created Sec. 1202, which allows noncorporate investors in certain C corporation stock a 50% capital gains exclusion on sale or exchange. The investor must hold the stock for more than five years to qualify for Sec. 1202 treatment; the stock must have been acquired on or after Aug. 12, 1993. Therefore, the earliest point in time at which this tax benefit would be available to taxpayers is on or after Aug. 12, 1998. Practitioners now need to consider if Sec. 1202 applies to their clients' transactions.
Sec. 1202 contains many obstacles in qualifying for the exclusion; more importantly, because it is not an elective exclusion, ...