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Form Instructions 1040 (Schedule D) Virginia Fairfax: What You Should Know

A loss from the sale or exchange (whether realized or unrealized). Note: Virginia has an “intangible” or “trade or business-type” loss, but that only applies to business-type losses. If you want or need a Virginia taxable transaction to be treated as a business-type acquisition for some reason, just add another paragraph with the words “in connection with the sale or exchange” to the right of the first paragraph in the Schedule D description. In this case you would have to amend it to be considered a taxable transaction. In other words, amend the Schedule D paragraph like this: For this schedule, amend the applicable paragraph with: (a) Include or subtract the proceeds of the sale or exchange in other sources used in computing the purchaser's basis of the asset, unless the sale was to a closely-held partnership or S corporation. Example: A sells her house for 100,000 and receives the sale proceeds of 80,000 in cash, 20,000 of which is an intangible. The 20,000 of intangible proceeds is treated as a trade or business income and the 80,000 in cash is treated as a gain. In this example, if the asset was a trade or business expense, the entire 80,000 profit from the sale to the purchaser must be reported on the Schedule D, page 1. See the Form 1040 instructions to find out where your Schedule D section for the asset is. (b) Report the net book value of the asset as if it were a capital asset. The value of assets is adjusted for any capital losses recognized in connection with the asset, using the cost method of accounting. Example 1: Suppose a person purchases a company stock for 50,000, which is a profit margin for the person making the transaction. The next month, the person sells the company stock for 100,000, again making a profit margin of 50,000. However, the person has a loss of 10,200 for the year (50,000 – 50,000 + 10,200 = -10,200). The following year the person sells the company stock for 125,000, earning 50,000 in profit margin.

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