Loss on sale or exchange of stock held 6 months or less
(A) Loss attributable to capital gain dividend If— (i) subparagraph (B) or (D) of paragraph (3) provides that any amount with respect to any share is to be treated as long-term capital gain, and (ii) such share is held by the taxpayer for 6 months or less, then any loss (to the extent not disallowed under subparagraph (B)) on the sale or exchange of such share shall, to the extent of the amount described in clause (i), be treated as a long-term capital loss.
(B) Loss attributable to exempt-interest dividend If— (i) a shareholder of a regulated investment company receives an exempt-interest dividend with respect to any share, and (ii) such share is held by the taxpayer for 6 months or less, then any loss on the sale or exchange of such share shall, to the extent of the amount of such exempt-interest dividend, be disallowed.
(C) Determination of holding periods For purposes of this paragraph, in determining the period for which the taxpayer has held any share of stock— (i) the rules of paragraphs (3) and (4) of section 246(c) shall apply, and (ii) there shall not be taken into account any day which is more than 6 months after the date on which such share becomes ex-dividend.
(D) Losses incurred under a periodic liquidation plan To the extent provided in regulations, subparagraphs (A) and (B) shall not apply to losses incurred on the sale or exchange of shares of stock in a regulated investment company pursuant to a plan which provides for the periodic liquidation of such shares.
(E) Exception to holding period requirement for certain regularly declared exempt-interest dividends (i) Daily dividend companies Except as otherwise provided by regulations, subparagraph (B) shall not apply with respect to a regular dividend paid by a regulated investment company which declares exempt-interest dividends on a daily basis in an amount equal to at least 90 percent of its net tax-exempt interest and distributes such dividends on a monthly or more frequent basis. (ii) Authority to shorten required holding period with respect to other companies In the case of a regulated investment company (other than a company described in clause (i)) which regularly distributes at least 90 percent of its net tax-exempt interest, the Secretary may by regulations prescribe that subparagraph (B) (and subparagraph (C) to the extent it relates to subparagraph (B)) shall be applied on the basis of a holding period requirement shorter than 6 months; except that such shorter holding period requirement shall not be shorter than the greater of 31 days or the period between regular distributions of exempt-interest dividends.
(A)Loss attributable to capital gain dividend#
If—
(i) subparagraph (B) or (D) of paragraph (3) provides that any amount with respect to any share is to be treated as long-term capital gain, and
(ii) such share is held by the taxpayer for 6 months or less,
then any loss (to the extent not disallowed under subparagraph (B)) on the sale or exchange of such share shall, to the extent of the amount described in clause (i), be treated as a long-term capital loss.
(A)(i)#
subparagraph (B) or (D) of paragraph (3) provides that any amount with respect to any share is to be treated as long-term capital gain, and
(A)(ii)#
such share is held by the taxpayer for 6 months or less,
(B)Loss attributable to exempt-interest dividend#
If—
(i) a shareholder of a regulated investment company receives an exempt-interest dividend with respect to any share, and
(ii) such share is held by the taxpayer for 6 months or less,
then any loss on the sale or exchange of such share shall, to the extent of the amount of such exempt-interest dividend, be disallowed.
(B)(i)#
a shareholder of a regulated investment company receives an exempt-interest dividend with respect to any share, and
(B)(ii)#
such share is held by the taxpayer for 6 months or less,
(C)Determination of holding periods#
For purposes of this paragraph, in determining the period for which the taxpayer has held any share of stock—
(i) the rules of paragraphs (3) and (4) of section 246(c) shall apply, and
(ii) there shall not be taken into account any day which is more than 6 months after the date on which such share becomes ex-dividend.
(C)(i)#
the rules of paragraphs (3) and (4) of section 246(c) shall apply, and
(C)(ii)#
there shall not be taken into account any day which is more than 6 months after the date on which such share becomes ex-dividend.
(D)Losses incurred under a periodic liquidation plan#
To the extent provided in regulations, subparagraphs (A) and (B) shall not apply to losses incurred on the sale or exchange of shares of stock in a regulated investment company pursuant to a plan which provides for the periodic liquidation of such shares.
(E)Exception to holding period requirement for certain regularly declared exempt-interest dividends#
(i) Daily dividend companies Except as otherwise provided by regulations, subparagraph (B) shall not apply with respect to a regular dividend paid by a regulated investment company which declares exempt-interest dividends on a daily basis in an amount equal to at least 90 percent of its net tax-exempt interest and distributes such dividends on a monthly or more frequent basis.
(ii) Authority to shorten required holding period with respect to other companies In the case of a regulated investment company (other than a company described in clause (i)) which regularly distributes at least 90 percent of its net tax-exempt interest, the Secretary may by regulations prescribe that subparagraph (B) (and subparagraph (C) to the extent it relates to subparagraph (B)) shall be applied on the basis of a holding period requirement shorter than 6 months; except that such shorter holding period requirement shall not be shorter than the greater of 31 days or the period between regular distributions of exempt-interest dividends.
(E)(i)Daily dividend companies#
Except as otherwise provided by regulations, subparagraph (B) shall not apply with respect to a regular dividend paid by a regulated investment company which declares exempt-interest dividends on a daily basis in an amount equal to at least 90 percent of its net tax-exempt interest and distributes such dividends on a monthly or more frequent basis.