Submitted By: Ed
Answered: May 17, 2016 11:03 am

I sold Sec. 1202 stock in 2015. What is the exclusion percentage that I use for reporting the sale?

Gain on the sale of Section 1202 stock, which is qualified small business stock, is not fully taxable. This is because there’s an exclusion of gain for stock held more than five years. Assuming you satisfy this holding period test, the excludable percentage depends on when you acquired the shares:

  • Shares acquired on or before February 17, 2009: 50% of the gain is excludable. If the business issuing the shares was in an empowerment zone, then the exclusion is 60%.
  • Shares acquired after February 17, 2009 and before September 28, 2010: 75% if excludable.
  • Shares acquired after September 27, 2010: 100% is excludable.
Tax Glossary

Joint tenants

Ownership of property by two persons. When one dies, the decedent’s interest passes to the survivor.

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