Corporations
In the case of a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of gains from such sales or exchanges.
Other taxpayers
Aug. 16, 1954, ch. 73668A Stat. 321Pub. L. 91–172, title V, § 513(a)83 Stat. 642Pub. L. 94–455, title V, § 501(b)(6)90 Stat. 1559Pub. L. 95–30, title I, § 102(b)(14)91 Stat. 138Pub. L. 99–514, title III, § 301(b)(10)100 Stat. 2217(, ; , , ; , title XIV, § 1401(a), (b), , , 1731; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 99–5141986—Subsec. (b). amended subsec. (b) generally, substituting present provisions for provisions which had declared in: par. (1), general rule for limitation on capital losses for taxpayer other than corporation; in par. (2), meaning of term “applicable amount”; and in par. (3), rule relating to computation of taxable income.
Pub. L. 95–301977—Subsec. (b)(1)(A). inserted “reduced (but not below zero) by the zero bracket amount” after “taxable year”.
Pub. L. 94–455, § 1401(a)1976—Subsec. (b)(1)(B). , substituted “the applicable amount” for “$1,000”.
Pub. L. 94–455, § 1401(b)Subsec. (b)(2). , substituted provision relating to “applicable amount” for prior provision limiting amount of capital losses for married individuals and reading “In the case of a husband or wife who files a separate return, the amount specified in paragraph (1)(B) shall be $500 in lieu of $1,000.”
Pub. L. 94–455, § 501(b)(6)Subsec. (b)(3). , struck out last sentence “If the taxpayer elects to pay the optional tax imposed by section 3, ‘taxable income’ as used in this subsection shall read as ‘adjusted gross income’.”
Pub. L. 91–1721969—Subsec. (b). provided for only 50 percent of an individual’s long-term capital losses to be offset against his ordinary income up to the $1,000 limit although short-term capital losses continue to be fully deductible within the $1,000 limit and the deduction of capital losses against ordinary income for married persons filing separate returns to be limited to $500 for each spouse rather than the $1,000 formerly allowed.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Pub. L. 99–514section 301(c) of Pub. L. 99–514section 62 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1977 Amendment
Pub. L. 95–30section 106(a) of Pub. L. 95–30section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1976 Amendment
section 501(b)(6) of Pub. L. 94–455section 508 of Pub. L. 94–455section 3 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 94–455, title XIV, § 1401(c)90 Stat. 1731
Effective Date of 1969 Amendment
Pub. L. 91–172, title V, § 513(d)83 Stat. 643