Instructions For Capital Gains Exclusion (Schedule In-153)

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SCHEDULE IN-153
Capital Gains Exclusion
VT allows a portion of net adjusted capital gains (as
INSTRUCTIONS
defined in Internal Revenue Code Section 1(h) ) to be
PART I and PART II
excluded from VT taxable income. The exclusion
calculation changes for tax year 2009:
NOTE: If you have capital gains from the sale of farm
or standing timber, do not enter these sales on Part I or
40% Exclusion Method - Capital gains occurring from
Part II. Enter the information directly on Part IV.
January 1 to June 30, 2009 receive exclusion of 40%
of the capital gain or 40% of Federal taxable income,
Part I and Part II are pro forma Federal schedules for VT
whichever is less.
purposes to separate the capital gains into those
occurring from January 1 to June 30, 2009 and July 1
Flat Exclusion Method - Capital gains occurring from
to December 31, 2009. Line instructions direct you to
July 1 to December 31, 2009 receive exclusion of the
the appropriate Federal schedule and line numbers.
capital gain amount, up to a maximum of $2,500.
Taxpayers age 70 or older - Calculate the exclusion at
PART III
40% of the capital gain or 40% of Federal taxable
Part III calculates the capital gain exclusion for gains
income, whichever is less, for capital gains occurring
other than for farm or standing timber sales. The
from January 1 to June 30, 2009. For capital gains
amount on Line 63 is the 2009 capital gain exclusion. If
occurring from July 1 to December 31, 2009, you may
you are age 70 or older, complete Lines 64 to 68 to
elect to use either the Flat Exclusion Method or the 40%
calculate the 2009 capital gain exclusion.
Exclusion Method. For a jointly filed return, only one of
the taxpayers needs to be age 70 or older to qualify for
PART IV
this election.
Part IV calculates the capital gain exclusion on farm or
Capital gains from sale of farm or standing timber - The
standing timber sales only. If you have capital gains
gains from these specific sale types receive exclusion of
from sales other than farm or standing timber, complete
40% of the capital gain or 40% of Federal taxable
Part III and enter the amount on Line 73.
income, whichever is less, regardless of the date the
gain occurred in 2009. If you have capital gains from
sales other than farm or standing timber, the 2009
exclusion for those gains is calculated using the
applicable method and then added to the exclusion for
sale of farm or standing timber.

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