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Old 08-26-2004, 04:09 AM   #1
StanChan
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Please advice on a capital gain tax question

Please advice on a capital gain tax question

My friend and I bought one thousand shares of stock using his brokerage account more than a year ago. The money for the purchase was placed into his account by both of us (50% from my friend and 50% from me). As of today, the value of the stocks has been increased by about 50%. My friend suggested that we sell the stock and split the profit.

Since the stock was purchased using his account, to settle the long term capital gain tax, following are some options that we are considering:

1) We will split the profit. I pay him the long term capital gain tax for my portion of the profit, and he will report 100% of the long term capital gain in his tax return.
2) We will split the profit. He will issue a 1099 to me to cover the long term capital gain tax for my portion of the profit, and he will report 100% of the long term capital gain in his tax return.
3) Each one of us report 50% of the long term capital gain in each of our tax returns.
4) He transfers my share of the stock into my brokerage account, and I will pay for the long term tax gain when I sell them in the future.

Are the options listed above ?legal?, and are there other options that we could consider? Since I have tons of long term capital loss and minimum income this year, which option would be best for my tax situation?

Please send your reply to NBD@UpBC.biz

Thank you in advance for your assistance!
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Old 12-12-2004, 05:55 PM   #2
jimbob
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This post has been unanswered for a long time. So in the event you are still waiting for a reply the best course of action would be for your friend to transfer your shares to your brokerage account. That way when you sell the broker will report your sales under your social and your friend doesn't have to nominee your portion.(4)
Number 1 is not really legal and #3 may get your friend a letter from the IRS for not reporting all of his sales.
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Old 12-23-2004, 10:13 PM   #3
taxpreparer
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Post Nominee Capital Gain Distribution

Your friend should report his portion of the capital gain from the sale of the stock on his Schedule D and attach a statement to his return explaining the joint ownership, and the fact that half the capital gain belongs to you (he should include your name, SSN and address in the statement). You, in turn, should report your half of the capital gain on your Schedule D.

IRS Publication 564 has the details
"If you received a capital gain distribution or were allocated an undistributed capital gain as a nominee, report only the amount that belongs to you on line 10 of Form 1040A, line 13 of Form 1040, or Schedule D (Form 1040), whichever is appropriate. Attach a statement to your return showing the full amount you received or were allocated and the amount you received or were allocated as a nominee."

See the full text at: http://www.irs.gov/publications/p564/ar02.html

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