26 U.S.C. § 1222
Other terms relating to capital gains and losses
For purposes of this subtitle—
# (1) Short-term capital gain
The term “short-term capital gain” means gain from the sale or exchange of a capital asset held for not more than 1 year, if and to the extent such gain is taken into account in computing gross income.
# (2) Short-term capital loss
The term “short-term capital loss” means loss from the sale or exchange of a capital asset held for not more than 1 year, if and to the extent that such loss is taken into account in computing taxable income.
# (3) Long-term capital gain
The term “long-term capital gain” means gain from the sale or exchange of a capital asset held for more than 1 year, if and to the extent such gain is taken into account in computing gross income.
# (4) Long-term capital loss
The term “long-term capital loss” means loss from the sale or exchange of a capital asset held for more than 1 year, if and to the extent that such loss is taken into account in computing taxable income.
# (5) Net short-term capital gain
The term “net short-term capital gain” means the excess of short-term capital gains for the taxable year over the short-term capital losses for such year.
# (6) Net short-term capital loss
The term “net short-term capital loss” means the excess of short-term capital losses for the taxable year over the short-term capital gains for such year.
# (7) Net long-term capital gain
The term “net long-term capital gain” means the excess of long-term capital gains for the taxable year over the long-term capital losses for such year.
# (8) Net long-term capital loss
The term “net long-term capital loss” means the excess of long-term capital losses for the taxable year over the long-term capital gains for such year.
# (9) Capital gain net income
The term “capital gain net income” means the excess of the gains from sales or exchanges of capital assets over the losses from such sales or exchanges.
# (10) Net capital loss
The term “net capital loss” means the excess of the losses from sales or exchanges of capital assets over the sum allowed under section 1211. In the case of a corporation, for the purpose of determining losses under this paragraph, amounts which are short-term capital losses under section 1212(a)(1) shall be excluded.
# (11) Net capital gain
The term “net capital gain” means the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for such year.
Source: view the official text
Cited by 36
- 26 CFR § 1.1061-4 — Section 1061 computations.
- 26 CFR § 1.1061-6 — Reporting rules.
- 26 CFR § 1.1092(b)-2T — Treatment of holding periods and losses with respect to straddle positions (temporary).
- 26 CFR § 1.1201-1 — Alternative tax.
- 26 CFR § 1.1212-1 — Capital loss carryovers and carrybacks.
- 26 CFR § 1.1222-1 — Other terms relating to capital gains and losses.
- 26 CFR § 1.1234-2 — Special rule for grantors of straddles applicable to certain options granted on or before September 1, 1976.
- 26 CFR § 1.1237-1 — Real property subdivided for sale.
- 26 CFR § 1.1362-2 — Termination of election.
- 26 CFR § 1.1400Z2(a)-1 — Deferring tax on capital gains by investing in opportunity zones.
- 26 CFR § 1.1502-22 — Consolidated capital gain and loss.
- 26 CFR § 1.165-5 — Worthless securities.
Show 24 more
- 26 CFR § 1.199A-1 — Operational rules.
- 26 CFR § 1.367(a)-6T — Transfer of foreign branch with previously deducted losses (temporary).
- 26 CFR § 1.382-6 — Allocation of income and loss to periods before and after the change date for purposes of section 382.
- 26 CFR § 1.421-2 — General rules.
- 26 CFR § 1.582-1 — Bad debts, losses, and gains with respect to securities held by financial institutions.
- 26 CFR § 1.6045-1 — Returns of information of brokers and barter exchanges.
- 26 CFR § 1.642(c)-2 — Unlimited deduction for amounts permanently set aside for a charitable purpose.
- 26 CFR § 1.642(c)-3 — Adjustments and other special rules for determining unlimited charitable contributions deduction.
- 26 CFR § 1.665(d)-1A — Taxes imposed on the trust.
- 26 CFR § 1.801-8 — Contracts with reserves based on segregated asset accounts.
- 26 CFR § 1.802-3 — Tax imposed on life insurance companies.
- 26 CFR § 1.804-3 — Gross investment income of a life insurance company.
- 26 CFR § 1.809-4 — Gross amount.
- 26 CFR § 1.817-2 — Treatment of capital gains and losses.
- 26 CFR § 1.817-4 — Special rules.
- 26 CFR § 1.861-18 — Classification of, and source of gross income from, digital content transactions.
- 26 CFR § 1.871-7 — Taxation of nonresident alien individuals not engaged in U.S. business.
- 26 CFR § 1.904(b)-1 — Special rules for capital gains and losses.
- 26 CFR § 53.4942(a)-2 — Computation of undistributed income.
- 26 U.S.C. § 265 — Expenses and interest relating to tax-exempt income
- 26 U.S.C. § 32 — Earned income
- 26 U.S.C. § 4981 — Excise tax on undistributed income of real estate investment trusts
- 26 U.S.C. § 4982 — Excise tax on undistributed income of regulated investment companies
- 26 U.S.C. § 6045 — Returns of brokers
Nearby sections (25 sections)
- 1063 · Cross references
- 1071 · Repealed. Pub. L. 104–7, § 2(a), Apr. 11, 1995, 109 Stat. 93
- 1081 · Repealed. Pub. L. 109–135, title IV, § 402(a)(1), Dec. 21, 2005,…
- 1091 · Loss from wash sales of stock or securities
- 1092 · Straddles
- 1101 · Repealed. Pub. L. 101–508, title XI, § 11801(a)(34), Nov. 5,…
- 1111 · Repealed. Pub. L. 94–455, title XIX, § 1901(a)(134), Oct. 4,…
- 1201 · Repealed. Pub. L. 115–97, title I, § 13001(b)(2)(A), Dec. 22,…
- 1202 · Partial exclusion for gain from certain small business stock
- 1211 · Limitation on capital losses
- 1212 · Capital loss carrybacks and carryovers
- 1221 · Capital asset defined
- 1222 · Other terms relating to capital gains and losses
- 1223 · Holding period of property
- 1231 · Property used in the trade or business and involuntary…
- 1232 · Repealed. Pub. L. 98–369, div. A, title I, § 42(a)(1), July 18,…
- 1233 · Gains and losses from short sales
- 1234 · Options to buy or sell
- 1234A · Gains or losses from certain terminations
- 1234B · Gains or losses from securities futures contracts
- 1235 · Sale or exchange of patents
- 1236 · Dealers in securities
- 1237 · Real property subdivided for sale
- 1238 · Repealed. Pub. L. 101–508, title XI, § 11801(a)(35), Nov. 5,…
- 1239 · Gain from sale of depreciable property between certain related…